Wednesday, April 7, 2010
What happens to an office when it is repealed?
Tonight the ASUN Senate will consider a bill to create an ASUN Department of Traditions. Overall, the reorganization of the existing Homecoming Programming Department to include other large events seems to be an interesting idea, although there still isn't a clear reason why there needs to be two programming departments in ASUN.
One thing, though, caught my eye in the bill. It repeals the act establishing the Homecoming Programming Department and the Director of Homecoming Programming without dealing with those who hold office with unexpired terms.
It appears that someone holds the office of director right now. The current officer's term, under the act, expires November 30, 2011. So what happens to this officer should this bill become law?
To me, the critical issue is whether an incumbent has a vested right in continuing to hold office until the natural termination of the term. I really don't know the answer to this question. It seems reasonable to me that the Senate has the unfettered power to abolish the offices it creates, but it also seems reasonable that an officer has some sort of contract right in her appointment to an office.
Thoughts?
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