REQUEST FOR ACTION BY THE LEGISLATIVE COUNCIL 
 
All requests may be typed and submitted to the Executive Vice President no later 5:00 p.m. Thursday in order to be included in the agenda for the following Tuesday. The Executive Vice President reserves the right to delay the Request for Action to a later Council session if the Executive Vice President feels the agenda for the next schedule meeting is full.
 
Item Number: 106 Legislation Number (B: Bill, R: Resolution): R45-86
Author:   Braun   Second:  Bana
Synopsis: Convening of the Judicial Oversight Committee
Date of Presentation: 04.13.10
 

 Whereas, in the last two months the Judicial Board has repeatedly issues opinions claiming to overturn legislations that were properly passed by the Legislative Council and signed by the Executive Cabinet,

 Whereas, neither the ASUCI Constitution nor any of its subsidiary documents officially give the Judicial Board the power to approve Legislations (except in the case of an Executive Cabinet veto, in which case the Judicial Board would be called upon to approve the overriding legislation to ensure that Legislative Council had achieved the 2/3 vote necessary to override the veto- Article IV, Section B, Subsection 6),

 Whereas, the power to approve and disprove legislations is too significant to be inferred from the text of the Constitution,

 Whereas, the power to approve and disprove legislations provides the Judicial Board with a quasi-veto, which is in direct contradiction to the separation of powers established by the Constitution,

 Whereas, there is considerable disagreement within the different branches about what authority the Judicial Board has with regards to legislations,

 Whereas, it is in the best interest of ASUCI that this issue be resolved as quickly as possible to insure the smooth governance of the organization,

 Whereas, the ASUCI Constitution states that the Judicial Oversight Committee shall have authority over “all Judicial cases arising where the Judicial Board exceeds the boundaries of their jurisdiction under this constitution” (Article VI, Section E),

 Whereas, there is a strong sentiment within the organization that the Judicial Board is exceeding the boundaries of its jurisdiction,

Whereas, the author alleges that the Judicial Board decisions with regards to R45-61 “Revisions to the Elections Code, ”R45-65 “TGIF Bylaw Revision,” and R45- 66 “Resolution Condemning Academic Repercussions for Non-Violent Protest” are a violation of the jurisdiction of the Judicial Board as outlined in the ASUCI Constitution because the Judicial Board is literally approving and disproving legislations rather than simply “reviewing” them as is stated in Article VI, Section B, Subsection, 

Whereas, the author requests that the Judicial Oversight Committee review the incidents in question and evaluate the extent of the Judicial Board’s jurisdiction with regards to legislations that have been duly passed by the Legislative Council and signed by the Executive Cabinet,

Whereas, the author further requests that the Judicial Oversight Committee confirm that the Judicial Board does not have the right to take action on legislation without a valid complaint but suggests that for the purpose of preserving the integrity of the organizational structure and not undermining all previous legislations, this interpretation should not apply to any previous legislations or decisions, only future legislations to be passed subsequent to the conclusion of the Judicial Oversight Committee proceedings, 

 Let it therefore be resolved that Legislative Council activate the Judicial Oversight Committee,

 Let it further be resolved that one Executive Officer, one Legislative Council member, the ASUCI Executive Director, and the Chair and Vice Chair meet at the absolute earliest possible opportunity to decide upon the issue in question,

 Let it further be resolved that because there are no stated rules for the Judicial Oversight Committee contained within the Bylaws or Judicial Board Policies & Procedures, Legislative Council, by the power vested in it to amend said documents and thereby establish the operating policies for the organization, declares that three of five members shall constitute a quorum and any formal motion must have at three affirmative votes in order to be considered valid,

Let it finally be resolved that this Legislation shall go into immediate effect upon the signature of the appropriate Executive Officers.

 

 
Referred to: Committee on:
Vote Required: Majority FINAL VOTE: Passed YEA: 17 NAY: 0  ABS: 0
 
THE LEGISLATIVE COUNCIL OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, IRVINE ON THE DATE OF 05.04.10 HAS TAKEN ACTION ON THIS LEGISLATION.    
   
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Executive Vice President, ASUCI      Verification of Executive Cabinet