Friday, April 17, 2009
See, the President Can Ignore the Rules, Too!
President Reilly has submitted a proposed budget for ASUN for the next fiscal year, 2010. Not wanting anyone to get the wrong impression that it's only the Senate that ignores the laws, Reilly seems to be neglecting giving the laws due attention as well.
The Senate, a whopping one year ago, enacted a law governing budget and finance matters, the Association Budget and Finance Act of 2008 (ASUN Pub. L. 75-52). A couple of things are of particular note.
First, section 104 creates a reserve account and requires that 5 percent of the fee revenues anticipated for the fiscal year be set aside. This is ASUN law. It cannot be ignored. It turns out President Reilly disagrees. In his proposed budget, he has determined that it only needs to be 2.5 percent, after consulting with the University budget office. This unilateral change saves $30,100 but also violates the law.
Reilly is probably right that 5 percent of the fee revenues--or about $65,000 next fiscal year--is excessive, considering that more than $100,000 is unspent from the prior fiscal year and ASUN has never had to dip into its contingency reserve for as long as anyone can remember. Unfortunately, it is this budgetary sleight of hand that probably allowed Reilly to "save" Insight Magazine from the chopping block and keep his new initiatives on the table.
Second, subtitle A of Title II, of the same Act, particularly section 205, governs what must be in the budget. This budget is far and away from complying with the law. But these laws aren't actually binding or anything, right? Not like an oath was taken to uphold them, right?*
*Note: The President's oath of office reads as follows: "I, [Eli Reilly], do solemnly swear (or affirm) that I will faithfully execute the office of President, and will, to the best of my ability, preserve and protect the Constitution of the Associated Students of the University of Nevada." The President has a constitutional duty to uphold the Constitution and to "take care that the laws be faithfully executed." Don't believe us, look it up: ASUN Constitution. The laws the Senate enacts are an inherent part of the constitutional process.
If Senator Sean Hostmeyer, who is the newly-elected chairman of the Senate Budget and Finance Committee, has any balls and respect for the law and process, he'll send the Budget back and refuse to hold hearings on it until it complies with the law.
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Agreed, 100%. I think Eli's presence at Senate meetings kind of tames any disagreements they may have, am I correct?
ReplyDeleteEric,
ReplyDeleteI think that is a fair assessment. Several years ago, the executives were allowed a seat at the Senate table. Even without a vote, the being seated at the table tamed criticism. It was mainly symbolic but it mattered. Although the Senate is powerless to do anything about it, my preference would be for the executive to not involve itself in the Senate's process at all. That would mean not showing up to meetings unless specifically invited. Further, last session (76th) executives were allowed to drone on and giving oral reports--Jason Entsminger seems to be the classic example.
The Senate Rules allow officers 5 minutes to give an oral summary of written reports. The rule should be strictly enforced to prevent executives from wielding undue influence over the Senate. The executive should also be encouraged to cease attending the Senate meetings. The Senators don't attend executive cabinet meetings. Why shouldn't the executives show the same respect for separation of powers?
Hmm, the senate can't pass a resolution banning the presence of executive officers at senate meetings? Would an amendment to the constitution about this be possible? (Although that seems to be a long process.)
ReplyDeleteMy opinion is that members of the executive branch should not be allowed to be at senate meetings unless it is for special circumstances (such as mandatory reports). If a resolution or amendment is not possible, they should definitely try and convince the president to stop attending the meetings. I doubt he will listen however, I have a feeling he knows his presence can influence decisions made by senators. Hopefully the new senators are a bit more brave in confronting Eli and his mistakes.
It's a shame the whole idea of the separation of powers isn't taken seriously.
The Senate would violate the Nevada Open Meeting Law if it tried to exclude anyone from a meeting, even the ASUN President.
ReplyDeleteHmm, how about a formal verbal request?
ReplyDeleteIt would be a decent idea to try, but I wouldn't expect great results.
ReplyDelete