On the same day UCF's Activity and Service Fee Budget Committee was issued a Notification of Non-Compliance by the Legislative, Judicial and Rules Committee, a motion was made during the Student Government Association's Senate meeting for a vote of no confidence against LJR Chair Nick Simons.
ASF Committee members were notified of the issue Thursday, Jan. 19, shortly before 2 p.m.
The motion for a vote of no confidence against Simons was made by Operations Review Committee Chair Jacob Kahn.
Kahn said for the LJR Committee to act like it has jurisdiction over ASF is like the ORC Committee acting like it has jurisdiction over New York City.
Financial Allocations for Organizations Chair Kevin Gay objected to the motion, but the motion was not recognized.
The initial motion to issue a Notification of Non-Compliance to the ASF Committee was originally made by Gay, according to Simons.
"As chair of the LJR Committee, I had no say in the debate whatsoever," Simons said. "It was a motion made by a senator in my committee, and they have every right to make whatever motions they choose, and as chair, I did not debate, I merely recognized their motion."
According to the notification, the ASF Committee has been notified of their "failure to comply with Article VI, Section 3 of the Constitution of the Student Body of the University of Central Florida and its requirement that Graduate Students shall receive funds from the Activity and Service fees [and] [t]hese Graduate Student Assembly fees shall be allocated to the Graduate Student Assembly by the Activity and Service Fee Committee at the start of the annual budget process…"
The notification in and of itself is not a penal action, but can lead to penal actions such as censure or impeachment if not complied with. The ASF Committee has until Jan. 26 to come back into compliance, according to the notification.
Simons, who is also the president of Delta Lambda Phi fraternity and had to leave the senate meeting early to prepare to charter the fraternity today, was disappointed when he heard of the motion made against him shortly after he had left.
"I am very displeased with student government that this motion of no confidence was made when no one approached me and asked me questions about both sides of the debate," Simons said. "No one had approached me, even though I said when the ASF chair was giving his report, ‘If you have any questions, please let me know, and I will be more than happy to answer them.'"
Before Kahn made the motion for a vote of no confidence, senate debated whether or not the LJR Committee has jurisdiction over the ASF Committee.
According to Title IX, Chapter 901.G(1), "The Legislative Judicial and Rules (LJR) Committee shall have jurisdiction over all statutes and Student Government legislative actions, except for the allocation of Activity and Service Fee Funds, the Finance Code, and the Election Statutes."
Simons said one of the LJR Committee's thoughts as to why it could have jurisdiction over ASF funds is that Title IX, Chapter 901 doesn't specifically exclude the Constitution of the Student Body of UCF.
The Constitution of the Student Body of UCF includes, as of last semester, Article VI: The Graduate Student Assembly.
According to Article VI, Section 3, "Graduate Students shall receive funds from Activity and Service Fees. These Graduate Student Assembly fees shall be allocated to the Graduate Student Assembly by the Activity and Service Fee Committee at the start of the annual budget process and shall be administered by the elected group of representatives of the Graduate Student Assembly."
However, the assembly was not allowed to submit budget request packet to the ASF Committee because, so far, it only exists in the constitution, and leaders for the assembly have not yet been elected.
In hopes of getting assembly members elected, Simons, who is also the chair of the GSA Steering Committee, submitted a motion earlier this month that recommends SGA President Matthew McCann "appoint interim members to the Graduate Student Assembly as per the recommendation of the Graduate Student Association Resolution…"
According to the motion, the Interim Assembly shall be tasked with the following:
1. Operate under Robert's Rules of Order, in addition to compliance with the Student Body Constitution.
2. Draft and adopt an interim Administrative Code to include election procedures for the Assembly in compliance with Title VI.
3. Draft and present a budget request packet to the Activity and Service Fee Budget Committee for fiscal year 2012-2013.
4. Meet jointly with SGA agents to continue to facilitate the implementation of an elected Assembly.
Simons said ASF Chair Josh Miller was present during the meeting where the notification was initially issued.
According to Simons, Miller told the committee he didn't believe it had all of the facts and voting on the matter at that present time would be irrational.
Simons said the way Miller felt about the LJR Committee voting on issuing a Notice of Non-Compliance was how he felt about the motion for a vote of no confidence on him.
"I believe that this is irrational and that people are acting without the facts."
Simons will be able to formally respond to the motion for a vote of no confidence at the next senate meeting.
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