Whereas, Article 2, Sec. 1, Sub-Section (a) of the ASUCI Constitution states that, “Any person registered as an undergraduate student during the fall, winter, spring, or summer quarter or as an extension student at the University of California, Irvine may be a member of ASUCI”; and

Whereas, neither the ASUCI Constitution nor the ASUCI By-Laws gives UCI Extension students a position for better representation within ASUCI; and

Whereas, the ASUCI Judicial Board ruling outlined in Gandall v. Elections Commission states that the ASUCI Constitution “in its current form, does not include seats and positions for extension students.” 1 ; and

Whereas, the ASUCI Judicial Board has testified that nonvoting members are legal pursuit to the ASUCI constitution; and

Whereas, any Representative of the Extension School ought to be public and held accountable for their actions; and

Whereas, Ex-Officio, by definition, implies one must hold a position by virtue of another office and therefore Extension Students cannot be Ex-Officio as they have never held another office ; and

Whereas, in the interest of equal representation and transparency, the ASUCI By-Laws must be amended to include UCI Extension students a non-voting Senate Representative membership through a means of an application process; and

Whereas, the ASUCI Senate is legally allowed to establish procedures for inclusion within their constitutional limits; and

Therefore, let it be resolved that Article III, Section A, Sub-Section 1, Provision b be amended to read, “Appointed non-voting Senate Members of different cultural, ethnic,or special services interests. These members shall be appointed by their various constituencies; however, only organizations or associations with organized and officially recognized governing bodies may apply for seats on Senate. Appointed non-voting Senators may not exceed six (6) in number.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d be added to read, “One non-voting Senate Member shall be reserved for the representative for the University of California, Irvine Extension students through which an application developed and reviewed by the ASUCI Senate Rules committee will outline the merit of the candidate as well as the candidate’s status as an extension student.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 1 added to read, “The Extension Representative shall have the power to: author legislation, make procedural motions, second procedural motions, debate, join Senate Committee(s) as an observer with the rights to motions, authorship, and access, partake in closed sessions during or outside of Senate meetings, write reports on behalf of the Senate with due permission, to petition the Student Advocate General or Judicial Board within their official capacity, and to participate in nonbinding polls or the division of the house in a non-voting capacity.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 2 added to read, “The Extension Representative shall cast a poll vote for all roll call votes that shall be available to the public along with other Senator votes.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 2, Clause A be added to read, “The definition of a poll vote shall be any vote which is not binding to the passage of any resolution, bill, or impactful, legally binding substantive vote.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 3 be added to read, “Any petition to impeach the Extension Representative that has at least 150 signatures that is received by the Senate President shall require open debate on the Senate floor.”

Let it further be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 4 be added to read, “The Extension Senator term shall elapse following any General Election.”

Let it finally be resolved that Article III, Section A, Sub-Section 1, Provision d, Sub-Provision 5 be added to read, “Impeachment and removal of the Extension Representative shall follow the procedure outlined in Article 6, section 6 of the ASUCI Constitution.”

Citations:

1 https://asuci.uci.edu/wp-content/uploads/2017/02/RulingonGandallv.ElectionsCommission.pdf