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: 2 Legislation Number (B: Bill, R: Resolution): R48-02
Author:   Reza Zomorrodian   Second:  Kleshie Baisie
Synopsis: By-Law Amendment: Display of Individual Member's Votes
Date of Presentation: October 9, 2012
 

 

Whereas ASUCI Legislative Council is a body that supports open government and values transparency and accountability, 

 

Whereas ASUCI Legislative Council is a body that support's students rights and needs to be well represented,

 

Whereas the student body has elected members of Legislative Council and thus  dually delegates their power to each respective representative to represent them in a fair, appropriate, and open manner,

 

Whereas the student body has a right to know about the official affairs of their representatives on demand and without question,

 

Whereas there are minutes recorded for each meeting that record statements, debates, and all other exchanges that occur within Legislative Council sessions, 

 

Whereas these minutes are suppose to reflect the official business of Legislative Council during session and show the margin of votes that passed or failed a given Resolution or Bill,

 

Whereas the minutes only show the total vote count of the number of "Yes", "No", and "Abstain" votes in its totality, but does not reflect specific votes casted by the respective representatives on Legislative Council,

 

Whereas it is essential to not only have the overall vote published and recorded on the minutes, but it is also essential to allow students to see how their specific representatives voted to properly hold them accountable for their actions,

 

Whereas in a democratic and open system it is imperative to understand how an elected official is representing the students, 

 

Whereas ASUCI is modeled after institutions like local, state, and the federal government-and all of these institutions have systems in place that allow for their citizenry to see how their elected officials voted on specific issues, 

 

Let it be resolved that an amendment be made to the ASUCI By-Laws in Article "IV Officers", Section B "Council Secretary", creating a new sub-point "3", that the minutes recorded by the Legislative Secretary of the ASUCI Legislative Council not only reflect the total votes on a given Resolution or Bill, but as well reflect the individual votes of each representative on Legislative Council,

 

Let it further be resolved that an amendment be made to the ASUCI By-Laws in Article "III Membership Provisions", Section B "Council Provisions", creating a new sub-point "8", the Legislative Council Speaker be in charge of collaborating with professional staff and any other individual to properly phase out voting records of Legislative Council members who have left office within 4 weeks of that members departure. 

 

Let it further be resolved that votes on the appointment of a Legislative Council Speaker, Legislative Council Secretary, retaining or dismissing a Legislative Council member or any other official position that pertains to selecting one Legislative Counsel member over another not be recorded in order to safeguard and not compromise Legislative Council moral and privacy within membership,

 

Let it further be resolved that if passed this legislation take action immediately,  

 

Let it further be resolved that the change to the ASUCI By-Laws be exactly as shown below in bold:

 

3.) The Legislative Council Secretary shall record the minutes which not only reflects the full vote count that displays the total number of "Yes", "No", and "Abstain" votes, but as well record each Legislative Council member's vote, if present, onto the minutes. This shall be done by recording their name, position, and vote written as either "Yes", "No", or "Abstain" or any shorthand the Legislative Secretary chooses to use as long as there is a legend displayed as to what each symbol of the shorthand used means. The Legislative Council Secretary shall as well record the name and position of Legislative Council members not present for a given vote and write "Not Present" for their vote status. This shall be done on all given Resolutions and Bills with the exception of votes by acclamation-in which case member(s) that object shall be recorded in the same manner to the minutes. The vote for each individual Representative shall be reflected on the minutes shall only be reflected online and on the minutes during the tenure of that Representative's term. After that Representative's term ends the votes recorded of that member shall be removed from the minutes. The only Resolutions that shall not require individual Representative's votes to be recorded are ones that would appoint Legislative Council officers, dismiss or retain Legislative Council Members, or require Legislative Council to choose one member or another for a said position, this shall be enforced to protect Legislative Council moral and to ensure Legislative Council shall be able to operate and cooperate on future Bills and Resolutions. 

 

8.) The Legislative Council Speaker shall be in charge of phasing out former Legislative Council Representatives' voting records from all official voting record history once a Legislative Council Representative term has exited, resigned from office, dismissed from office, or can no longer hold office for any substantiated reason. The Legislative Council Speaker shall collaborate with any professional staff necessary to remove these voting records and shall do so within the time frame of 4 weeks from the departure of the Legislative Council Representative from office. 

 

The new revisions shall appear in bold as follows in Article "IV Officers", Section B "Council Secretary", under the new sub-point "3":

 

B. Council Secretary:

1. The Council Secretary is to be nominated by the Executive Vice President in accordance with University Personnel Regulations, and appointed by a simple majority of the voting Council members present.

2. The Council Secretary shall have prepared and posted the Council Minutes and other pertinent information following a Legislative Council meeting.

3. The Legislative Council Secretary shall record the minutes which not only reflects the full vote count that displays the total number of "Yes", "No", and "Abstain" votes, but as well record each Legislative Council member's vote, if present, onto the minutes. This shall be done by recording their name, position, and vote written as either "Yes", "No", or "Abstain" or any shorthand the Legislative Secretary chooses to use as long as there is a legend displayed as to what each symbol of the shorthand used means. The Legislative Council Secretary shall as well record the name and position of Legislative Council members not present for a given vote and write "Not Present" for their vote status. This shall be done on all given Resolutions and Bills with the exception of votes by acclamation-in which case member(s) that object shall be recorded in the same manner to the minutes. The vote for each individual Representative shall be reflected on the minutes shall only be reflected online and on the minutes during the tenure of that Representative's term. After that Representative's term ends the votes recorded of that member shall be removed from the minutes. The only Resolutions that shall not require individual Representative's votes to be recorded are ones that would appoint Legislative Council officers, dismiss or retain Legislative Council Members, or require Legislative Council to choose one member or another for a said position, this shall be enforced to protect Legislative Council moral and to ensure Legislative Council shall be able to operate and cooperate on future Bills and Resolutions. 

 

The new revisions shall appear in bold as follows in Article "III Membership Provisions", Section B "Council Provisions", under the new sub-point "8":

 

B. Council Provisions:

 

1. The Legislative Council shall elect a Speaker Pro Tempore from amongst themselves by a majority vote of Legislative Council two weeks prior to the end of each quarter and shall begin the term at the beginning of the next quarter and serve for the entirety of that quarter and assume all responsibilities enumerated in the ASUCI Bylaws. In the event that this position becomes vacant, the Legislative Council shall elect, by majority vote at t heir next official meeting, a new Speaker Pro Tempore from amongst themselves to serve for the remainder of that quarter. 

 

a. Speaker Pro Tempore Job Description and Duties: 

 

1.) Serves as the official representative of the Legislative Council. 

 

2.) Serves as coordinator for Council and, as such, is responsible for maintaining the functions of the Council as outlined in the Council by- laws including, but not limited to, agenda and minutes of meetings, correspondence relating to bills and resolutions and meeting places, and adequate publicity for all meetings of the Council.

 

3.) Calls special meetings as necessary with majority approval of the Legislative Council. 

 

4.) Assists the Executive Vice President in facilitating. the initial orientation and continued education for Council members. 

 

5.) Serves as an ex-officio member of the Executive Cabinet to facilitate communication between the branches. 

 

6.) Reports to the Legislative Council the status of all legislation passed at the previous meeting. 

 

7.) Collaborates with the President to issue a quarterly report on the ASUCI Advocacy Agenda. 

 

8.) The Legislative Council Speaker shall be in charge of phasing out former Legislative Council Representatives' voting records from all official voting record history once a Legislative Council Representative term has exited, resigned from office, dismissed from office, or can no longer hold office for any substantiated reason. The Legislative Council Speaker shall collaborate with any professional staff necessary to remove these voting records and shall do so within the time frame of 4 weeks from the departure of the Legislative Council Representative from office. 

 

 
Referred to: Rules Committee on: Rules: Pass
Vote Required: FINAL VOTE: Passed YEA: 12 NAY: 2  ABS: 1
 
THE LEGISLATIVE COUNCIL OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, IRVINE ON THE DATE OF  HAS TAKEN ACTION ON THIS LEGISLATION.    
   
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Executive Vice President, ASUCI      Verification of Executive Cabinet