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Nap Time!!!

Monday, July 10, 2006
Executive Order #8 Resolved

Update: Actually, I do have criticism of the decision. Lauren's name is misspelled. As always, if you didn't get a copy of the decision and want it, it's here. Calstuff covers it here.

The Judicial Council has issued a decision in my case against Manny's Executive Order #8. Essentially, the Judicial Council concluded that most of the stuff the executives wanted to do was not "urgent and necessary," with the exception of signing checks over $1000. The punchline is:

Therefore, we hereby lift the injunction imposed on Executive Order 8 entitled "Azadivar v. Buenrostro PI." And, we hereby strike part of clause twelve so that only an acting President, Oren Gabriel, is appointed to this position to carry out the actions that are urgent and necessary for the functioning of the ASUC. The amended clause hereby states:

"So ordered: The following appointment be made immediately; Oren Gabriel as acting President to carry on the daily business of the ASUC only, and for no other purpose, until the elections results are certified in the proper manner."


We also are directing Oren Gabriel to limit his actions, regarding "daily business," to solely those that are urgent and necessary for the functioning of the Association, as described in his affidavit under "Financial Duties":

"The ASUC President or Executive Vice President must approve all ASUC Auxiliary checks and expenses. They must physically sign every expense above $1,000. Without these officials in place, the ability of the ASUC auxiliary to do business is significantly impaired. The ASUC is a 20 million dollar association that employs numerous non-student full time workers. In order for these workers to be paid there needs to be an ASUC President or Executive Vice President to sign their pay checks."

Moreover, as EO 8 is now effective in its amended version, Executive Order 7, also issued by President Manuel Buenrostro, and Executive Orders 1 and 2 that were subsequently issued by Oren Gabriel, are now void as per the second order contained within EO 8.

The decision is good, and if followed, I would be happy. I don't expect it to be followed, just because Student Action doesn't follow rules it doesn't like.

posted by Beetle Aurora Drake 7/10/2006 12:18:00 AM #
Comments (4)
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this decision is a joke

they don't have the power to amend executive orders; that's infringing on executive power--a clear example of what's wrong with the Judicial Council right now.

They could have declared it void and hinted that a diff exec order could have been ok. They can't amend it and then declare their version as cement.
You can say they were trying to throw SA a bone. You could also say though that they simply upheld the only part of Manny's order they thought was constitutional.

If they'd completely thrown it out SA would've thrown up their hands and said "Look, they want to destroy the organization." Not saying that's a perfect reason, but I think they did the best they could with a very tough situation.
The elipsis in my quote leaves out the part where they justified striking part of the Executive Order, since it wasn't part of the punchline. I'll reprint it here:

"There is precedent for the Judicial Council to strike unconstitutional lines from referenda, By-laws, and Memoranda of Understanding per the Council’s judicial review authorities. In this case, the Council is exercising such ability because much of the content within the EO is constitutional, and it is in the best interests of the Association to uphold such content."
The Council does have a line item veto of sorts, its never an all or nothing power. Manny went to far, they whittled him back to what they determined to be constitutional.
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