Constitutional Court has declared Senate’s Nov. 5 veto constitutional, giving Senate the go-ahead to vote and allocate $6,000 toward The Big Event.
Chief Justice Samantha Merrill read the Court’s verdict via a formal decision letter. In it the Court stated “in the matter at hand, the Court finds that, overall, the vice presidential veto was constitutional. The Court notes that several errors had occurred in this process, but finds these errors to be negligible as they would not have changed the outcome of the meeting on Nov. 5, 2018.”
The Court decided that President Lukas Klueber, junior of Rapid City, South Dakota, did need a recusal due to conflict of interest, and according to CSC Student Constitution Article 6 , Section 2.1 Vice President Konery Klueber, junior of Rapid City, was right to assume presidential duties. However, the Court noted that “to entirely remove the bias and conflicts that come from a presidential recusal, the president must give notice of his impending recusal before the Senate meeting is called to order and remove himself from the meeting entirely. However, seeing as vice president and then acting president Konery Klueber acted in accordance with the recommendation of the Activity Fee Board regardless of President Lukas Klueber’s presence, we find the issue of lack of removal to be negligible.”
Senior Associate Justice Dean Michel read the dissent, or minority opinion of the court. The minority opinion stated that “the failure to follow the procedures outlined in the Constitution cannot be ruled negligible, therefore Vice President Klueber’s ascension to the presidency and his subsequent veto is unconstitutional. The recusal of the president to alleviate a conflict of interest is consistent with the Constitution as is laid out in CSC Constitution article 3, section 2.1…However, the vice president was not sworn into office and thus never took his role as president as laid out in CSC Constitution article 3, section 2.2. Therefore his veto is rendered unconstitutional by the failure to swear in the new president.”
With the Court’s formal decision in, Senate proceeded to vote on The Big Event budget. AFB recommended $5,000, with 50 percent cuts in mind to t-shirts and food. CAB Chair Kimberly Hernandez, senior of Scottsbluff, added that clubs have donated $3,038.92 as of Monday’s meeting. Vice President Klueber motioned to approve $5,000 to The Big Event, but after the motion was approved Senator of High Rise Aaron Jones, sophomore of Custer, South Dakota, moved to amend the budget allocation to $6,000. The motion was passed with a 13-2 vote with one abstaining vote.
Senator of Kent Hall Michael Pacheco, freshman of Broomfield, Colorado, stated that although this allocation is under what The Big Event spent last year, it still leaves room for The Big Event to get “closer to $10,000” that they requested initially.
“With this allocation we’re giving them just a little over $9,000, so we can still be under what they spent last year, if that was the actual amount, but this also helps get them closer to that $10,000 if they do actually need the full $10,000. This way we can still afford to help out other clubs and sponsor other events, but we’re still giving a huge part to The Big Event,” Pacheco said.
In a 3-13 vote Senate’s motion failed to allocate $1,000 toward speaker Amy Dix. Dix, who is a speaker, author and co-founder of The Positive Life Company, is scheduled to speak on Mar. 21, 2019. Because this event will be co-sponsored by Athletics, the Dean’s Council and the Diversity Committee, Senate voted on AFB’s recommended budget of $0.
Chief Justice Merrill announced that graduation stoles and cords will be handed out throughout finals week. Those who serve on Student Government and in organizations at CSC are given stoles and cords for their services. Senate will disburse stoles and cords in the Student Senate office from 11 a.m. – 1 p.m. Monday through Friday and 5 – 6 p.m Monday through Thursday. Email reminders will be sent.
CAB and Senate will not be held next Monday.
Senate currently has $36,999.79 in unallocated funds.