ASNAU SENATE MEETING #15
TWENTY FIFTH SESSION
OFFICIAL MINUTES
Date: February 14, 2013
Number on council: 12
Date of Senate Meeting: February 14th, 2013
Number present: 12
Prepared by Shelby Burton
Senate Chairman Ryan Lee called the Senate meeting of the 2012-2013 Senate to order at
4:04 P.M. in the Havasupai Room A & B of the University Union.
Roll Call
The following Senators were not present at the meeting:
-All Present
Approval of Minutes
Motion: Senator McDiarmid move to approve the minutes from last week’s Senate
meeting
Second: Senator Boruch
Discussion: None
Vote: Unanimous, last week’s minutes have now been approved.
Call to the Audience
Motion: Senator Lake move to put item h on the agenda and title it “Approval of
Parliamentarian: Jared Gorshe”
Second: Senator Boruch
Discussion: To provide the senate with an overview of the hiring process, 7 applied and 6
were interviewed. Jared was the best candidate because he is a huge leader both on
campus and off campus and the executive team believes that he can make this organization
grow. He is from Phoenix and serves as the chairman on the NAU College Republicans,
where he works to promote political efficacy and voter registration. He was a field intern
for Jeff Flake and Jonathan Payton, where he also worked on Prop 204. He is a political
science/criminal justice dual major and is part of the honors program. Senator Lake asks if
he is familiar with Robert’s Rules of Order; because of his position in the NAU College
Republicans, he is familiar with it but not quite an expert yet. He plans on having it in front
of him during all meetings. He is a sophomore.
Vote: Unanimous, item h is now on the agenda and titled “Approval of Parliamentiarian:
Jared Gorshe”
S.O.D.A.S.: The representative is from the health promotions office on campus, which
advocates for alcohol and drug counseling. They would like to ask for the senate’s feedback
on S.O.D.A.S. sponsoring an alternative event to Tequila Sunrise, as the community
currently sees NAU as sponsoring it. Last year, they were downtown handing out food and
water, which backfired as many people believed that they were supporting it. Their
proposition is to have a Fun Run in the morning, ending at the aquatic field, hosting a
pancake breakfast with live music, and holding fun activities. Senator Fox commends them
on their efforts and explains that he would be in support of it; it is a good alternative for
people who have actively chosen not to do Tequila Sunrise. However, he is concerned with
those intending on partaking in Tequila Sunrise; how will the time conflict and lack of
resources effect their plans? They have considered moving the parade back on to campus;
this reduces the amount of drunken people and will encourage people to attend an event
that is on campus. Senator Lake suggests contacting the school of music when trying to
find live music; it is a low cost and will ensure a certain portion of students attending this
event. Senator Fox encourages her to not put an age limit on the event and focusing a lot of
their promoting to the underclassmen. They also suggest having incentives for clubs and
organizations participating, as well as promoting serving pancakes as a volunteer activity.
Unfinished Business
None
New Action Business
Motion: Senator Boruch move to vote on item a, Club Recognition: Life Drawing Club
Second: Senator Lake
Discussion: This club wishes to provide a supplementary exercise to art studio majors; they
plan on meeting on Mondays at 7:30 PM weekly. Each member will take turns in modeling
for drawing sessions, which saves them all money that would have gone toward hiring
models. They also have the opportunity to use any kind of medium they want (sculpture,
painting, etc). There is a current lack of figure drawing classes in the university, which is a
vital part of their education. Senator Fox and Lake suggest changing their constitution to
replace the specific names with job titles. Senator Creer asks if they have considered
creating a waiver for the models; they have not because it is a requirement to be in the
club. Senator McDiarmid asks if they will have supplies; they could potentially implement
it, but not right now.
Vote: Unanimous, item a (Club Recognition: Life Drawing Club) has been approved
Motion: Senator Chan move to vote on item b, IA: Audrey ford, $400
Second: Senator Lopez
Discussion: Ms. Ford is a dual major in mechanical engineering and biology. After
contacting professors in both departments two years ago, she has been working on a
research project to study the biological material from human tissue to see how “stretchy” it
is. She completed her research last semester and was funded by the Hooper Award, which
paid for eleven hour of work per week and covered many materials but only covered last
semester. Now, she has the opportunity to go to the Materials Research Society from April
1st to April 5th and present her research.
Vote: Unanimous, item b (IA: Audrey ford, $400) has been approved
Motion: Senator Fox move to vote on item c, OA: NAU College Republicans, $500
Second: Senator Creer
Discussion: This will fund attendance to the CPAC conference in Washington, D.C., which is
an opportunity for younger people to hear speakers from Republican parties, discuss with
other clubs throughout the country, hold discussions and debates, and help their own club
be more involved. Seven are attending and most have never gone before. The total cost
will be $5700 when adding the hotel, flights, transportation, food, and tickets together.
They would bring back civic responsibility (no matter the party) to the NAU registration
techniques and to teach others about government policies. Senator Chan inquires about
fundraisers; they will be having a raffle in March to try and get as much money as possible.
Chairman Lee asks if everything has been paid for and if this will be a reimbursement
process; yes, the hotel is paid for and the flights are being purchased this week. Senator
Lake confirms that, with our funding, each person will be putting in $300.
Vote: Unanimous, item c (OA: NAU College Republicans, $500) has been approved
Motion: Senator Woodhouse move to vote on item d, SB 25-63: NAU College Republicans,
$3000
Second: Senator Lopez
Discussion: Senator Cross brings up making an amendment.
Motion: Senator Cross move to amend the bill to read any mention of CPAV to CPAC
(includes first and last section and in the first whereas)
Second: Senator Fox
Discussion: None
Vote: Unanimous, any mention of CPAV has been amended to CPAC
Discussion: None
Vote: Unanimous, item d (SB 25-63: NAU College Republicans, $3000) has been approved
Motion: Senator Woodhouse move to vote on item e, OA: NAU Pre-Vet Club, $500
Second: Senator McDiarmid
Discussion: This will fund flights to Florida, where there is a veterinary school holding the
yearly APVMA conference. Each student will have the opportunity to do a lab and attend
several lectures. Members from this association will be there to answer any questions that
students have. Anyone who attends will put on a presentation to their club, which will be
open to all NAU students. The club is covering the hotel and each person is paying for their
registration fees. Senator Chan asks if this is their first time going; they went last year, but
could only send a small amount of students. This year, four more people will have the
opportunity. They ask if the club plans on going to ASNAU every year; they are trying to
become more independent. For example, ASNAU funded the whole trip and now they are
just covering the flights.
Vote: Unanimous, item e (OA: NAU Pre-Vet Club, $500) has been approved
Motion: Senator Lopez move to vote on item f, SB 25-64: NAU Pre-Vet Club, $2350
Second: Senator Chan
Discussion: None
Vote: Unanimous, item f (SB 25-64: NAU Pre-Vet Club, $2350) has been approved
Motion: Senator Lopez move to vote on item g, SB 25-65: ASNAU, Gold Axe Awards, $2000
Second: Senator Reddig
Discussion: This money is for the spring graduates who will be receiving the awards.
Emails have been sent out and the deadline is March 1, 2013. Senator Woodhouse asks
which awards are nominated by the faculty and staff; it is the LOUIE awards.
Vote: Unanimous, item g (SB 25-65: ASNAU, Gold Axe Awards, $2000) has been approved
Motion: Senator Woodhouse move to vote on item h, Approval of Parliamentarian: Jared
Gorshe
Second: Senator Fox
Discussion: None
Vote: Unanimous, item h (Approval of Parliamentarian: Jared Gorshe) has been approved;
Jared Gorshe is now recognized as the parliamentarian
Executive Report
a. President- Sammy Smart
-Hours are due; the State of the Student is next Wednesday. VP Lee will be
speaking on behalf of the senate and President Smart will be speaking on behalf
of ASNAU. There have been many exemplary students speaking, in addition to
athletes and orientation leaders. She met with the sports club council about the
ten dollar fee. Each semester, on-campus sports will pay ten dollars; each year,
off-campus sports will pay ten dollars. She is going to double check for
transparency reasons. The money will go toward a fulltime internship member
to help them fund material items. She confirms that, unless you are running in
the election, you cannot endorse anyone. Packets will start coming in soon, so
please remain neutral. If anyone has questions, please refer them to the
elections commission. You can sign petitions. President Smart asks if anyone
will be willing to sit on the diversity committee as well as the global learning
committee; she receives volunteers. The senate also expresses interested in
doing a Relay for Life team.
b. Vice President of Student affairs- Annsley Niemann
-VP Niemann discusses equality week this week and brags about Tuesday night’s
event (the Coming Out monologues). Thank you to those who supported and
attended. There is still one more event tomorrow from nine to twelve about
being a person that someone can confide in. The Vagina Monologues will also be
going on this weekend! The “It Gets Better” video will be released on Friday, so
thanks to Jeremy Chan for helping with that! The numbers using the Snowjack
Express has been increasing and the Club Headquarters grand opening is March
6th.
c. Vice President of Academic Affairs- Ryan Lee
-VP Lee thanks everyone for working so hard; please be take care of yourself,
relax, and be safe. He stresses that the legislative committee needs to meet;
there are students waiting for decisions to be made and VP Lee does have the
ability to dock hours if people do not attend their meetings. Thank you for
providing budgets attached to every bill; if ever the senate wishes to overrule
him, as long as 50% plus one agree to put something on an agenda, they can.
d. Chief of Staff- Makenzie Mastrud
-Chief of Staff Mastrud reports that senator packets ran out, so she made more.
Make sure that anyone taking a packet puts their contact information down, as
they will try contacting those students with reminders. She also helped VP
Niemann table, hold interviews, and plan the concert.
Staff Reports
A. ASA- Jack, Danielle, Shayna
*See last four pages; this is included in the minutes but is in a special section.
B. Public Relations- Matt Villa
-Matt Villa reports that he is working on the concert posters because they know
who the artist is.
C. ITS-Joey Smoll
-The bills and minutes are posted on the webpage; he is also working on the
format of the website look prettier and is helping Shari with her student legal
counsel page. By next meeting, he hopes to have everyone’s pictures up.
D. Special events- Tony Buchta, Sara Martin
-Tony and Sara report that the concert will be announced on the 28th, ticket
details will also be announced then. The date will also be announced on that
date. They are trying to work with dome staff so that we can enjoy the concert
rather than work it. State of the student is next Wednesday; it is going to be
beautiful. They are working on the banquet as well.
E. NSG- Representatives
-There was no meeting this week so that they could all support VP Niemann in
her event. However, they are working on their campus wide event (a dance-athon). ASU did one, so they are using their feedback to make this event even
better. Thank you to Senator Smart for putting on the mentor program; please
take the time to answer the questions in the email so that they can be more
efficient.
Committee Reports
A. Appropriations: Senator Woodhouse reminds everyone that the budget needs to
be attached. The bylaws state that both OAs and bills need budgets, but if it is
one presentation then only one will be needed.
B. Legislative: Senator Lake reports that this Sunday at four will be the next
legislative meeting. Be at the meeting to discuss different meeting times. After
basketball season ends, his schedule will much more open. They will be
discussing alcohol policies.
Senator Reports
College of Arts and Letters
a. Shannon Boruch-Senator Boruch reports that she has been working in
the office and contacting clubs.
b. Anthony Lake-The bells concert will be on Februay 27th and they will
be at another concert in Tempe on the 28th with a Phoenix band. 40
people are attending from NAU; it is a huge success. Senator Lake was
hoping to have two bills on the agenda this week; however, they had
to adjust budgets and make some changes so watch out for them next
week.
College of Social and Behavioral Sciences
a. Samantha Cross-Senator Cross reports that she will be meeting with a
club tomorrow.
b. Jeremy Reddig- Senator Reddig reports that he helped out in the
office this week, checked mail, and answered questions.
College of Health and Human Services
a. Derek Lopez-Senator Lopez reports a dean’s meeting; they discussed
the new ASA situation. They are trying to get a nurse’s bachelor
degree online. She is working on a board for the college to be
informed about what other NAU locations are doing. The dean
advisory committee lunch meeting is soon. He met with a dental
hygiene student for an IA and a bill. She wants to confirm her plans
first.
b. Dominique Creer-Senator Creer reports working on a bill for a club.
She also wants to talk to the education senators.
College of Education
a. Kelsey Smart-Senator Smart reports that they are waiting to hear back
from their dean. She thanks everyone who participated in the mentor
program; please respond to the email. Please, take the time to read
the articles about ASA.
b. Adam Fox-Senator Fox says that he will be meeting with a club
tomorrow; he also met with someone yesterday. He talked to another
club to be recognized soon.
College of Business
a. Jeremy Chan- Senator Chan reports that they are waiting to hear back
from their dean. He worked very hard on the “It Gets Better” video.
b. Derrell Tenney- Senator Tenney reports that he made his first bill. He
made many copies and emailed his clubs.
College of Forestry, Engineering, and Natural Sciences
a. Oregon McDiarmid-Senator McDiarmid reports that they have a
dean’s meeting to discuss a strategy plan for their department (online
versus face to face). He met with the sports council and is awaiting
their vote on the fee. The health portion of the campus just had a
meeting about insurance; there was going to be a 30% increase, but
they found extra money and it will not be nearly as much of an
increase.
b. Shayla Woodhouse-Senator Woodhouse reports that she sat in on
their strategy committee about where the college wants to go by
2020. She also met with an NSG member for the mentor program on
Tuesday.
Advisor Reports (Rick Brandel and Art Farmer)
Rick Brandel— No Report
Art Farmer— No Report
Discussion Items
Senator McDiarmid announces that there is an ordinance going on in Flagstaff Student
Council in reference to LGBT rights. The meeting will be going on at 6 PM on February 19th
at town hall. They will be discussing what is and is not allowed and what is and is not
protected. If you are interested in having your voice heard, contact him. He explains that
they will be addressing three main issues: employment, housing, and public accomodatins.
Depending on the vote, many serious things could result. There was an article in The
Lumberjack last week and this has been an ongoing issue for about nine months now. They
will be doing a discussion on Tuesday, but have not decided on an official date to vote.
Announcements
True blue for Sammy cross
Adjournment
Motion: Senator McDiarmid
Second: Senator Lopez
Unanimous
6:11 PM
ASA Report: The interns have been tabling tand taking pictures of students with
representatives, with the message of “Kiss the Bill Goodbye.” Next Wednesday, ASA will be
going to the capitol to hear the education commission committee, where they will be
discussing a bill in reference to student organizations giving money to political campaigns.
As far as legislation goes, they have declared stances on two more bills: they are against
HB2333 (which is similar to HB2169) and against HB2350 (which says that when people
register to vote, they must get notarized).
Presentation of ASA Lawsuit
Timeline:
The slideshow shows a timeline of events that include:
Last spring: ASA supported Prop 204 by donating $20,000 to the campaign and to
getting signatures. ABOR disagreed with it (as most were appointed by Governor Brewer
and she was not in favor of it).
August: ASA contributed $100,000 from reserves to support Prop 204, which would
ensure that the money from the sales tax would go toward education.
September: The Goldwater Institute is a conservative group that produced a long
report about student fees and student dollars. This is the time that the senate voted to
support ASA and the same time that the ASU president resigned from the board.
November: Prop 204 passed in Flagstaff, but fails across the state by a vast majority.
ABOR discussed removing the spring fee and to conduct an investigation.
December: ASA decided to hire legal counsel in the next few weeks. They did not
decide on a lawsuit; they simply needed more legal information. This was before the opt-in
model was brought up. On December 6, they decided to remove the fee.
January: They held a special meeting and adopted an amendment; the opt-out
model was shot down, but the opt-in model was voted 5:4 in favor. This was not an official
vote
February: The board meeting was held, but they did not vote on the lawsuit (they
did discuss it, however). It did seem that many were in favor, but ASA delegates could not
discuss it for confidentiality purposes. Mr. Gorshe asks if the discussions ever included
initial costs or length of lawsuits; in December, there was no cost. The total is now
anywhere between $70,000 to $200,000. One of the claims include paying attorney fees
back. He inquires how large the ABOR budget is; Wes explains that it is very large.
On Monday, they presented a resolution to stop further action of litigation
presented to the full board. The vote failed 5:9 and legal action moved forward.
On Tuesday, there was a press release where they announced that the lawsuit was
filed. They argue that the first amendment was violated. Nevertheless, this was not a
decision that reflected the views of everyone on the board.
Today, an official statement by the Goldwater Institute released an article and
wanted to intervene with the trial. They do not know if this lawsuit is for the organization
or for the students. They are a conservative group that argues that their wrongdoing was
in supporting Prop 204.
Comments:
They believe that this has become a political issue; this is a violation of the first amendment
right. Someone asks how the organization is being funded; through student dollars and
reserves. To paint a picture, ASA donates money to Prop 204, the Goldwater Institute
criticizes them for donating to a partisan political campaign, they threaten to file a lawsuit,
our lawsuit says that it is a first amendment right. Essentially, each organization is trying
to go around each other. Is ASA concerned with past fees not being collected? The lawsuit
includes being reimbursed for the spring fees. The court case will set a precedent to
remove student fees through a student referendum and will go back to the $2 fee. They will
get $300,000 from the past semester’s loss and receive all attorney fees. They are
considering having a compromise between ABOR in reference to the opt out fee. The
senate asks if the best way to do that is by filing a lawsuit and if they foresee doing any
mediation; they do. One student asks where the money goes; mainly, it goes towards staff
who helps with campaigns and voter registration. They also attend leadership conferences
and lobby on behalf of Arizona students. One senator asks how ASNAU can help; ASA
suggests writing letters, helping brainstorm ways to restructure the organizations, and
providing general feedback.
Conclusions: There are the following options—the current model (which allows for
students to be reimbursed), the opt-in model, and the opt-out model. The court case
wishes to address the following topics—taking a fee away in an unconstitutional way,
creating precedence for similar cases, and removing them from fiduciary responsibilities.
Further Comments: The opt-out model has the potential to work very well. It was
discussed with the regents. If ASA does not win, they will campaign in massive amounts to
get the funding from the students. The will focus on restructuring the organization and
opening a committee to contribute their ideas. They will put forth ideas to change policies
and bylaws. One person asks if we had to file litigation to discuss with ABOR. They did not;
however, there was a lack of participation and communication. On Monday, NAU brought a
resolution as a district. Nevertheless, the plaintiff’s committee pushed forward and was
only voted on by committees (rather than full boards).
Senate Stance:
Senator Fox is concerned that we do not have the time to discuss it in such depth. He was
in support of Prop 204 personally, but thinks that they should have directly polled students
on how to use the money. He feels that this was a great lesson in transparency and having
empirical background. He believes that ASA’s first priority should be mediation; by
resolving this before going to court, students can have peace of mind. He would like to
heard the board members’ opinions who are not in favor of litigation.
Senator Mcdiarmid is concerned that these actions are not in the best interest of the
students, but rather in the fear that some people may be losing their job. The students are
the ones paying, so this should be their concern.
Senator Smart agrees with Senator McDiarmid; she supports ASA’s intentions, but does not
support the lawsuit. Spending all of that money for a proposition that would bring in at
least $1 billion to education was one story; however, spending their money on a lawsuit is a
different one. She expresses that the money goes toward staff, but does not compensate
students for going to conferences related to the organization.
Senator Lake is in support of ASA and believes that fighting for a precedent is a positive
thing. He does not want the 23 fee to be scrutinized and he has confidence in the
organization representing the people. Senator Smart agrees that they are fighting for their
existence and believes in them, but does not believe that they need the same funding.
Chairman Lee supports ASA representatives from NAU; he believes in having a student
group that represents student issues on a state level. However, he does not support
litigation against ABOR and fear that this can lead to bigger issues that will hurt higher
education.
Senator Fox agrees that we need a body to represent us. He says that it is shocking that
students do not even know that there is a $2 fee, much less what it goes toward. He is in
support of the opt-out model and believes in more transparency through the use of
surveys/polls.
Senator Lake believes that paying for staff is crucial for the success of ASA.
Senator Tenney says that he does not know if supporting this will represent all of the
students’ beliefs. He thinks that their original principles were valid and that they should
avoid partisan issues in the future.
Executive Stance:
President Smart explains that there was a unanimous decision to start litigation to hire
counsel in December. They also decided that they would need the full board vote to file the
lawsuit; this was before the opt-in model was brought up. There is money in reserves. She
is against the lawsuit. All voter registration materials from ASNAU; 37% of the materials
that ASNAU funds is for ASA. ASNAU also pays for directors. She proposes dealing with the
opt-in fee, talking to students, and getting back to ASA’s roots. They have enough money to
sustain one or two staff members; with the help of volunteers, they can formulate a
different model later.
VP Niemann agrees with President Smart; she is against the litigation. The $250,000 in
reserves buys time to do great work for the students and the lawsuit stands against what
ASA stands for.
VP Lee is concerned that if they lose the lawsuit that the 23 fee will be at stake.
Chief of Staff Mastrud agrees and has the same concerns; she is worried that anyone on the
board will looking down on us in future years for suing them.
ASA Stance:
Wes says that a precedent should be set, but that an opt-in model can achieve that. This is
not the time for a lawsuit; he feels that it is being forced. The opt in model would result in a
much better organizations that could give them the opportunity to fight for funding, talk to
students, and get back to their roots.
Jack says that he voted in favor of legal action. He has the same concerns, but believes that
they need to set a legal precedence by the first amendment. Their ability to speak is being
challenged on a national level—and it is not the first time. He does not believe that hiring
staff roles is realistic and thinks it will result in a dysfunctional system. There will only be
$5,000 to $10,000 worth of funding per year, which cannot sustain ASA. He appreciates
how much ASNAU contributes to their organization. Though this ASA constantly
outperforms the other universities, he believes that the opt-in model is a threat and that
the other universities cannot grow from it. He would rather not spend the money on a
lawsuit, but he believes that this organization needs to exist. To get a better idea, try to
relate this idea to the 23 fee. How would you feel?
Shayna is in support of the board decision. The opt-in model would only work for the
organization at NAU because they have the support of ASNAU. She is nervous that it will
not work and that the ASA will only represent the voices of NAU students. She does not
believe that it will effect the 23 fee; she also believes that the lawsuit will succeed. She has
learned a lot from the experience—such as taking propisitions to the students in the future.
Danielle wrote the resolution against the lawsuit and believes that ASA is more capable
than others believe. If they revamp the system, there are so many possibilities. She is
against it because it is going strictly to staff and many changes need to be done still.
President Smart notes that the Goldwater article clarifies its support for student
government fees and notes that the 23 fee will not be under attack.
The rest of the discussion will open on email.