Referendum payment possibly controversial

By Wes Woods II
Summer Forty-Niner

The Beach Pride Referendum, which increased student fees by $21 per semester at Cal State Long Beach when it passed last April, could be considered unfair to campus students not named Scott Strichart.

Soon after the vote, which passed by 63.4 percent, Strichart successfully filed a complaint to nullify the referendum through the Associated Students Judiciary.

But according to Section 89300 of the California Education Code, the case should have been thrown out. The code states that students must pay the Associated Students fee to enroll in the university.

"Accordingly, Mr. Strichart must pay the fee; this is a state law that cannot be abridged by the A.S. Judiciary," said Richard Haller, A.S.I. chief administrative officer.

However, the A.S. voted to refund the $21 paid by Strichart, which complicated matters.

"The bylaws contain no provision authorizing the judiciary to award monetary damages, unless it results from an interpretation of A.S. bylaws or other A.S. documents that contains provisions for awarding monetary damages," Haller said.

Nonetheless, Haller said he would honor the decision, despite the issue needing further clarification by either the judiciary or university.

Unfortunately, CSULB students, will not benefit from the decision. "It’s not a matter of suing," Haller said. "The fee is established."

Students can, however, "work off the amount of the fee at the prevailing rate of the university for student assistants," Haller said, referring to Section 89300 of the education code. "It’s an old provision. It hasn’t ever been implemented [at CSULB]."

Strichart charged that the referendum was illegal and A.S. Senate advisor Dr. Stuart Farber was acting outside his defined position. He based his case on four main points, according to the A.S. Judiciary’s decision.

Despite losing on three of his points, Strichart prevailed with the fourth. A rule in the California Education Code (89924) states that any governing board must post any issue for one week. The board failed to do this by voting for the referendum on March 1 instead of waiting until
March 8.

The other points included: Farber overstepping his boundaries by seconding the referendum; violating CEC rule 89300 by failing to have 10 percent of the student body approve the referendum; and that the referendum failed to have a starting time.

The court said in its decision that Farber is entitled to vote and even if he did not second the motion, it would have proceeded due to Robert’s Rules of Order, a manual of parliamentary procedure.

The 10 percent rule was thrown out because it wasn’t the only way the referendum could be approved, and CEC rule 89300 eliminated the time argument.

Both Bill Schumard, director of athletics, and Associated Students Inc. President Robert Garcia admitted they did not keep up with the Strichart
case.

"I wasn’t aware [of the case]," Schumard said. "I have no opinion." Garcia said he "felt the referendum was [brought up] the right way. If students passed it … for one complaint to repeal it is impossible."

Garcia also said he felt the referendum was possibly posted incorrectly or just late. "It’s a little mistake that happens," he said. "I don’t think it was ever done maliciously."

The Beach Pride Referendum will generate an estimated $1,203, 634 to the athletics department’s budget in 2000-2001.

"Beach Pride is for school, operating expenses, facilities, intermurals and recreation, strength and conditioning, the pep band and cheerleading," Schumard said.

Specific operating expenses include things such as traveling, equipment, game officials, game recruiting, uniforms, hotels, etc.

The referendum isn’t the athletic department’s only source of revenue, Schumard said.

Instructional Related Activity funds, commonly known as IRAs, also support the department. Students pay a $25 dollar fee when they register for classes each semester. An eight-person committee decides how the funds, which go toward instructional activities for student programs, will be distributed in the fall. Various campus organizations go before the committee to ask for money.

For the athletics department, "the IRA money is used to support operating budgets and other things to maintain the program," Schumard said.

Sports, Athletics and Recreation asked for $801,200 in IRA funds and received $743,280 for the 2000/2001 academic year, Garcia said. In comparison, the Daily Forty-Niner asked for $34,928.40 and received $14,000.

Between Schumard and Garcia, however, there seems to be some miscommunication concerning both IRA and Beach Pride funding.

"We anticipate that we can count on (the IRA money)," Schumard said. "There was no [notice] that it would be reduced. The idea was not to replace one with the other. [The IRA money] provides the resources to make the program even more successful."

Garcia said: "I don’t think [their previous amount of IRA funding] is merited. If they ask for the same amount, everyone deserves a lengthy explanation why," he said.
"I’m surprised by it [Beach Pride] passing so much," Garcia admitted. Schumard said that: "Had [the Beach Pride Referendum] not passed we would have continued to field a competitive program without football.

What the money does is it allows us to take programs to the next level. "We’re about $30,000 in the black last year off a $7 million budget," Schumard said. "It looks like we will finish about the same this year."

Information regarding the recent budget was not available at press time.

However, the Beach Pride money will not benefit The Pyramid, which carries a debt load of about $2 million.