Beach Pride referendum may be voided

An Associate Students Inc. senator lashed out against a complaint seeking to nullify the Beach Pride Referendum at a judicial hearing Wednesday.

Sen.-at-Large Aaron Moore criticized Cal State Long Beach student Scott Strichart's complaint for requesting that the A.S. Judiciary throw out the popular student fee increase on technicalities.

"The student body voted on it and approved it," said an agitated Moore. "The students wanted that. For a technicality to decide this would not only be detrimental to people's faith in A.S.I. but to the athletic department."

Arguments focused Wednesday on Strichart's contention that the A.S. Senate violated a section of the California Education Code requiring that a governing body publicly post an agenda item for at least one week before it takes action on it.

The Senate voted to approve the Beach Pride Referendum the same day its language had been changed by the Senate Bylaws Committee. Moore argued that the only change made to the document was that the fee increase would amount to $21 per student, not $21.03 as it originally stated.

Ramiro Cabatbat, A.S.I.  administrative aide for internal affairs said the bylaws committee made more fundamental changes to the document.

"They changed the meaning of the language," Cabatbat said. "They removed the word ‘full,' so instead of fully funding a certain group, now they only have partial funding. That in itself changes the dynamics of the referendum."

"The bylaws committee did make changes at that date and they were not publicly posted for one week," said Tobias Halvarson, Strichart's co-counsel.

Moore countered, arguing that the Senate had posted its approval of the bylaws committee minutes for the required week. 

Moore also defended A.S. Senate adviser Stuart Farber against Cabatbat's sweeping complaint alleging that Farber has overstepped his responsibilities as adviser and has assumed positions within A.S.I. that belong only to students.

Cabatbat contends that Farber's duties have extended well beyond his original scope as CSULB President Robert Maxson's representative to the Senate and has requested that the Judiciary clarify his position within A.S.I.

Moore said that students rely on Farber's 25 years of experience as Senate adviser for guidance and that Farber has not assumed any powers that were not given to him by students.

"The longer you're here, the more responsibilities you assume," said Farber, asserting that he serves on several A.S. committees only at the request of students. "People in my position don't reach out to be on committees."

Moore argued that the Judiciary would be overstepping its authority if it sought to remove Farber from the bylaws committee for his role in approving Beach Pride.

"The Judiciary doesn't have the power to remove a university staff member, but it does have the power to strike an A.S. committee that's doing what it deems to be illegal," said Chief Justice Terence Pickens.

"The Judiciary shall interpret the meaning of A.S. bylaws and other A.S. documents when a dispute arises. It can also render a final decision in election disputes," Pickens said.

The Judiciary's decision on both complaints is expected by next Tuesday. It will be posted outside its office, in USU-201C.