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: 119 Legislation Number (B: Bill, R: Resolution): R50-103
Author:   Alvin Phan   Second:  Ariel Barnoy
Synopsis: Resolution to Call for the Immediate Convening of the Judicial Oversight Committee
Date of Presentation: June 4th, 2015
 

 

Whereas the Judicial Board has exceeded its bounds in a ruling regarding R50-07, “Appointment of Bio Sci Representative” during their meeting on November 5th, 2014 [1], and

 

Whereas the Judicial Board has exceeded its bounds in a ruling regarding R50-27, “Appointment of ASUCI At-Large Representative” during their meeting on December 11th, 2014 [2], and

 

Whereas through proper procedure, ASUCI Legislative Council called for a convening of the Judicial Oversight Committee, through R50-48 [3],

 

Whereas after the first Judicial Oversight Committee, hereinafter referred to as JOSC, the committee found it necessary to convene again and Council called a second meeting through R50-56 [4],

 

Whereas there has been no decision made by the JOSC as to the Constitutionality within the two judicial rulings aforementioned,

 

Whereas there has been no decision made by the JOSC as to the standing of R50-07, due to the original vote of 2-1-1 on the ruling, and with one justice resigning from their position thus invalidating their vote on all past legislations, including the particular ruling on R50-07 where they served as the primary author for the majority ruling, making the actual ruling 1-1-1, a ruling which does not meet Judicial Board quorum stipulated within ASUCI policy,

 

Whereas Article VI, Section E of the ASUCI Constitution provides for the calling of the ASUCI Judicial Oversight Committee following a petition to ASUCI Legislative Council and a unanimous vote, and

Whereas if ASUCI as an organization wishes to maintain the legitimacy of the student body as a representative organization, Legislative Council needs to ensure that due process is followed and that we as an organization follow the rules stipulated, and

 

Whereas, the judicial board rulings aforementioned impedes Legislative Councils ability to uphold the ASUCI Constitution and By-Laws because it disables them from appointing students to vacant seats within Council,

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, and

 

Let it be resolved that ASUCI reiterate it’s formal disagreement with Judicial Board rulings on R50-07 and R50-27,

 

Let it further be resolved that ASUCI Legislative Council urges the Judicial Board to accept the appointment process for Legislative Council vacancies, a process which has been organizational precedent stipulated within the ASUCI By-Laws for over two decades, as an appropriate means of maintaining Council membership,

 

Let it further be resolved that Council reiterates the notion that the ASUCI By-Laws play a supplementary role in the interpretation of the Constitution,

 

Finally let it be resolved that that Legislative Council activate a Judicial Oversight Committee to review the action of the ASUCI Judicial Board immediately. If the committee is unable to meet within this academic year, Council calls upon Ariel Barnoy (Council Speaker Pro Tempore-Designate) and Parshan Khosravi (ASUCI President-Elect) to use this legislation to call a Judicial Oversight Committee meeting at the beginning of their terms.

 

[1] - https://asuci.uci.edu/wp-content/uploads/2014/02/R50-07_Ruling.pdf

[2] - https://asuci.uci.edu/wp-content/uploads/2014/02/R50-27_Ruling.pdf

[3] - https://asuci.uci.edu/legislative/legislations/print.php?cnum=R50-48&gov_branch=ASUCI

[4] - https://asuci.uci.edu/legislative/legislations/print.php?cnum=R50-56&gov_branch=ASUCI

 

 

 
Referred to: Rules Committee on: Rules: Pass
Vote Required: Unanimous FINAL VOTE: Passed YEA: 7 NAY: 0  ABS: 0
 
THE LEGISLATIVE COUNCIL OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF CALIFORNIA, IRVINE ON THE DATE OF June 4th, 2015 HAS TAKEN ACTION ON THIS LEGISLATION.    
   
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Executive Vice President, ASUCI      Verification of Executive Cabinet