The ASUO Constitution Court dismissed three grievances challenging an “informal” meeting of the Senate over-realized committee. In an opinion released June 8, justices said the meeting in question did not fall under Oregon Public Meetings Law.
On May 13, eight senators and former ASUO President Emily McLain met in the EMU Walnut Room to discuss proposals for $750,000 of over-realized student fees.
Though formal notice of the meeting was not e-mailed 24 hours in advance, the Emerald published the time and location of the meeting in its May 13 edition.
Former Emerald editor-in-chief Laura Powers filed three grievances with the court – against committee Chairman Patrick Boye, Vice Chairman Billy Hatch and the committee as a whole – for violating the law because formal notice of the meeting was e-mailed less than five hours before the meeting began.
Powers brought her complaints to the committee to try to stop the meeting. Committee members responded by continuing to discuss the proposals without following parliamentary procedure or casting formal votes.
Members decided which proposals to recommend to Senate by pointing their thumbs up, down or sideways.
“(T)he threshold question is whether the meeting was a meeting for Public Meetings Law purposes,” the opinion states. “We conclude, as a matter of fact, that Petitioner has not made a factual showing that it was a meeting that would fall under Public Meetings Law requirements.”
The Clark Document, which outlines the uses of the incidental fee and the rules of student government, states, “All meetings of incidental fee committees and subcommittees thereof shall be conducted in accordance with the Oregon Public Meetings Law.”
The law defines a meeting as “the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter.
“For purposes of determining application of public meetings law, a subcommittee of the Student Senate is defined as … any two or more members of the Student Senate, … meeting to deliberate on an issue before or intended to come before the Student Senate for decision.”
Former Senate President Athan Papailiou said no quorum is required on the over-realized committee because the committee has no decision-making authority.
The Senate met May 14 and made funding decisions largely in line with the recommendations agreed upon by the committee. Former Sen. Nate Gulley and others repeatedly referenced the consensus of the committee the night before. The opinion of the court states that the meeting was not called to order and no official votes were cast.
“Though this does raise questions, there is no violation unless the meeting is called to order and the votes are formalized and actually on the record,” the opinion states.
Associate Justice Kevin Parks did not participate in the decision because he was a senator on the committee at the time of the meeting.
Contact the senior news editor at [email protected]