Vivian
backs veto of senator-at-large
By
Todd Leland
Daily Forty-Niner
In
the wake of last week's Senate meeting,
Associated Students Inc. President Danny
Vivian stands firmly behind his decision
to veto the results of the senator-at-large
election.
The
election, which seated Brian Roberts in
the vacant senate seat representing the
campus cultural committee, has been questioned
by cultural clubs and groups voicing their
displeasure in the form of a petition that
requested the removal of Roberts and a reelection.
"I
did what was right," Vivian said, supporting
his veto action. "The constituents
of that senator-at-large position came to
me with a grievance and I feel the veto
was the correct thing to do."
Vivian
said he used his veto power in response
to the fact that the Senate gave itself
no opportunity to address the issue brought
by the protesting coalition in the week
prior to last.
"The
constituents went to the Senate meeting
to voice their concerns," Vivian said.
"At that meeting the Senate had no
response to those concerns and proceeded
to approve the installation of Roberts and
their minutes thereby giving them no way
to go back and address the concerns of their
constituents."
The
reason for the veto, Vivian said, is to
give the Senate an opportunity to go back
and reevaluate its position according to
the cares of its constituents.
On
the other hand the Senate can override the
veto with a majority vote of two-thirds.
Also, any individual senator has the right
to ask that the veto be sent to a judiciary
review that would determine the legality.
"I
used my veto power and I feel I used it
correctly," Vivian argued. "But
the senate can override the veto or they
can send it to the A.S.I. Judiciary and
have it reviewed according to the Cal State
University Long Beach By-laws."
Vivian
said he wants the process to go back to
the election.
"The
Senate now knows the concerns of its constituents
and can go back to the election stage and
vote with insight into what the students
want," Vivian said.
The
last election held in the Oct. 16 meeting
resulted in an 8-8 tie amongst the senators.
Eight votes were placed on behalf of Roberts
while the remaining eight were cast for
Alejandro Negrete. In the event of a tie
the Senate chairman saves his vote to eliminate
stalemates. Senate Chairman Shahrokh Sheik
placed his vote for Roberts.
In
comments made at the Oct. 30 meeting, Sen.
Orvill Caraballo pointed out that board
members belonging to cultural clubs and
groups cast their vote for Negrete while
the others chose Roberts.
When
asked if a bias exists on the Senate board
Vivian said that if one does exist those
senators who are biased must abstain from
voting.
"If
there is a conflict of interest the senator
must abstain," Vivian said. "This
scenario brings up more of an ethical conflict
of interest where the senator must choose
for him or herself to abstain from the vote
if they feel they have a bias towards one
or the other candidates."
Vivian
said the long term effects of this situation
on the Senate will be hard to determine.
"Everything
will work out," Vivian said. "I
used my veto power to give the senate an
opportunity to rethink their position. Senate
Chair Sheik is now in charge as to how the
board reacts in the future."
The
A.S.I. Judiciary were unable to comment
because the issue has not yet been brought
to the court.
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