Public bodies in the state of California are subject to the
state’s open meeting laws, with only a few exceptions ““
which include all of the University of California’s elected
student governments.
While the Bagley-Keene Act of 1967 mandates state bodies to meet
and deliberate openly, it does not apply to UC associated student
bodies. The only open meeting laws that student governments are
subject to are those described by their constitutions.
The bylaws of UCLA’s graduate and undergraduate student
governments both allow the councils to go into closed session
““ without members of the public or press present ““ if
the majority of councilmembers vote to do so.
“Such executive sessions may be held for consideration of
personnel, litigation and investment matters, and for consideration
of other matters deemed appropriate by a majority of those voting
…,” states the Undergraduate Students Association
Council’s bylaws.
Legal advisers had varying opinions on why student governments
were exempt.
If a public body receives state funds, the body should not be
exempt from open meeting laws, said Mike Hiestand, attorney at the
Student Press Law Center.
Neither the Graduate Student Association nor USAC receive state
funds. They receive most of their funds from student fees and the
remainder from ASUCLA.
But other lawyers said the open meeting laws’ drafters
simply may not have even considered the inclusion of student
governments in the definition of “state body” in the
first place.
“It is simply a matter of definition … student
governments just weren’t in the radar,” said University
Counsel Steve Rosen, referring to the time when the act was
drafted.
Though exempt from the state laws, student governments are still
required to abide by their own constitution when going into closed
session.
This year’s USAC council went into executive session once
to discuss potential UC presidential candidates.
Most councilmembers thought this was an appropriate discussion
to hold in closed session.
“A discussion of hiring and firing is a legitimate excuse
to go into executive session,” said President David
Dahle.
Council was asked their opinion of people who may be candidates
for the UC President, Dahle said, adding that “sensitive
information” was being discussed.
Still, council is required to vote before going into a closed
session. Before the discussion about the UC President, council did
not take an official vote.
But some councilmembers said often the consent is implied.
“I don’t recall a hand vote but there were no
objections, which implied consent,” said Facilities
Commissioner Adam Pearlman.
Last year’s council went into executive session to discuss
the USAC budget but did not take an official vote to do so at the
time either.
Dahle said he did not remember the details behind that
particular executive session, but some councilmembers still said
they felt council does handle closed session with caution.
“USAC treats closed sessions very carefully,”
Pearlman said.