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SGA remains under mandate: First read of new bylaws, constitution completed

Jose Gonzalez-Campelo/The Cougar

Last week, on Jan. 29, the Student Government Association convened for a regularly scheduled Senate meeting to vote on the new constitution and bylaws mandates

As the Senate failed to vote on the mandate in the previous meeting, the organization has been unable to plan events, remove or appoint new Senators, appoint an election commissioner and engage in any business.

Administration explains the mandate

The mandates were drafted by President Diego Arriaga, Speaker of the Senate Tav Cockrell and Chief Justice Dian Varughese, and were presented to the SGA again at the meeting.

“The goal is to get the foundational documents set up properly, re-tooled and let the SGA be SGA,” said Vice Chancellor for Student Affairs Paul Kittle. 

Kittle was present at the meeting in order to answer Senators’ questions regarding the mandate. 

He emphasized the necessity of clear separation of powers within the organization, and the Senate’s role as a legislative body.

“You speak to the administration through your resolution and legislation. The voice of this body is the executive branch, specifically the student body president,” Kittle said. “Everyone’s role must be kept in its lane with clear separation.”

A key issue identified by Kittle was the ability of the Senate to nominate new members, which was removed in the new mandates.

“You can’t nominate and confirm, you need to just be in the confirmation business,” Kittle said.

At a previous meeting, Arriaga had stated the Senate may be dissolved. However, no student affairs officials have threatened such actions, and Kittle confirmed at the meeting that dissolution was not a possibility.

However, even though the Senate was under no risk of dissolution, it would be unable to take actions regarding any other business unless the new mandates are passed. 

“The deadline is the end of the 61st administration’s term. There were other dates in the memo to move this process along, but those have already passed,” Kittle said. “However, when this body meets, it is only to debate this document until it is passed.” 

Senate’s ability to amend new constitutions, bylaws

Kittle clarified at the meeting that the Senate could amend the new documents moving forward, or even re-write the document altogether. However, it would require Kittle’s approval.

“Don’t bring me a document that has fuzzy language or blurred separation of powers,” Kittle said. “I’ll kick back the document in a heartbeat. You got it?” 

Attorney General’s speech

Following the Q&A and a recess, Attorney General Karla Landa gave a speech explaining that voting on the new mandates at the meeting would be in violation of the Senate’s current bylaws.

“The Senate has a right to motion to strike this off the agenda,” Landa said. “This is not being done in the correct way, and if you go through with this, you could be suspended by my office for being complicit in this process indirectly.” 

According to current bylaws, they had not fulfilled the requirements to vote on the legislation because the legislation had to pass through a committee before voting.

“There was no first reading and this legislation was not passed through a committee,” Landa said. “An author who wants to skip this process needs at least ten co-sponsors, which this legislation does not have.”

In response, several Senators volunteered to co-sponsor the new constitution and bylaws. Even after meeting the required co-sponsors, the legislation could still not be voted on, as it requires a first reading at a Senate meeting before it can be voted on. 

The Senate decided to not vote at the meeting, but will be able to vote seven days from the first read.

“Nobody is happy about the idea of a mandate, or the process. We can wait until the next administration, but the mandate would still exist.” Cockrell said. “These are the cards we were dealt, and we must play them.”

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