Acts Voided Under Judicial Council Cases

Summary of Cases and Meetings, Acts, and Other Items Voided

Under Cases Numbered AN-001 through AN-006
The Judicial Council of the Associated Students recently decided six cases that effectively wipe out much
of the 76th Senate Session’s actions. This document will set out a brief summary of each case and the
specific meetings, acts, and other acts or decisions which are void as a result of these rulings.

Summary of Cases and Actions Voided

Case No. AN-001

Open Meeting Law (OML) complaint; a notice of meeting that misstates the date of the meeting by
including the wrong year (2008 when the meeting was in 2009) creates a notice violation.

The Senate held a meeting on April 22, 2009, but the notice and agenda for the meeting stated the
meeting was for April 22, 2008.

The Council said that error created a notice violation because a person seeing the date of the meeting
might reasonably assume the notice was old and thus lose any opportunity to attend the meeting.

Actions Taken During April 22, 2009, Senate Meeting

According to the minutes of the meeting, the Senate adopted minutes from its April 16, 2008, meeting,
again erroneously stating the year of the meeting; in fact, the Senate acted on minutes from its
immediately prior meeting, April 16, 2009.

The Senate, after voting to fast-track and amend, agreed to a resolution (E.R. 77-1) relative to the death
of Robert Weems, founding dean of the College of Business.

The Senate, after voting to fast-track and amend, agreed to a resolution (I.R. 77-__) (designation
unknown) to amend Senate Rule XXII relating to a senator’s absence during the Senate Transition and
Rules Training.

Effect of Council’s Ruling on Actions Taken

The Council decided against declaring the acts taken at the April 22, 2009, meeting void, despite finding
an OML violation. Under ASUN law, the OML is to be applied as is directed by Regents policies and state
law. NRS 241.036 and Section 3(5)(a) of Title 4, Board of Regents Handbook, Chapter 20, Part B, state
actions taken in violation of the OML are void. Prudential reasons exist for the Senate to treat these acts
as voided, despite the lack of an explicit judicial declaration.
Case No. AN-002
OML complaint; agenda items must satisfy clear and complete standard to give public notice what will
be discussed and decided at a meeting.

The Council, ruling on Petitioner’s summary judgment motion, stated that ASUN must comply with the
OML’s clear and complete agenda requirement. Further, since Respondents admitted liability, Council
granted Petitioner’s relief as stated in the complaint.

Actions Voided
Although the effect of the ruling is not clear given the language of the Judicial Council’s order, the
procedural posture indicates that the Council granted Petitioner’s relief in full.

The table below sets out the specific agenda items Petitioner claimed did not satisfy the clear and
complete standard. Since Petitioner’s requested relief was granted in full, any action taken on the items
is void. The source of the action voided is the minutes of the meeting, unless otherwise noted.

Date and Item Agenda Item Description Action Voided

May 7, 2008
Item 15 S.B. 76-1: To Amend Public Law Final passage of bill
75-7, 75-26 and 75-48 relating to
the Department of Campus
Diversity
May 30, 2008
Item 15 S.B. 76-3: Budget of the Presumed final passage of bill;
Associated Students for fiscal no minutes of meeting available.
year 2009
June 27, 2008
Item 15 S.R. 76-__ Concerning the The minutes indicate the item
budget cuts relating to Campus Escort was a
resolution, and was agreed to.
Revision of the budget

S.B. 76-__ Funding Campus

Escort
July 23, 2008
Item 15 S.B.76-__ Revisions to the No action taken on items.
Budget

Item 19 Clarissa Leon, Editor of the No action taken.

Artemisia—Publication’s name
discussion
July 30, 2008
Item 15 S.B. 76-__ Revisions to the No final action taken
budget

S.R. 76-__ Concerning the No final action taken

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 Statewide Budget Cuts

S.R. 76-__ Allowance of Alcohol No final action taken

in the Bar & Grill Concept

August 13, 2008

Item 15 S.B. 76-__ Revisions to the No final action taken
budget

Item 16 S.R. 76-__ Concerning the No final action taken

Statewide Budget Cuts

Item 18 S.R. 76-__ Allowance of Alcohol No final action taken

in the Bar & Grill Concept
September 17, 2008
Item 11 Item relating to vacant seats Appointed senators to fill
vacancies
Item 15 S.B. 76-__ Capital Expenditures
for the ASUN Accounting Office No final action taken
September 24, 2008
Item 15 S.B. 76-__ Capital Expenditures Passage of bill, as amended
for the ASUN Accounting Office

S.R. 76-__ Recognizing Referral to committee

Chancellor James E. Rogers
October 1, 2008
Item 18 S.R. 76-__ Recognizing Recommit to Committee
Chancellor James E. Rogers and
his contributions to NSHE

S.R. 76-__ Recommend naming No final action taken

the knowledge center plaza after
Chancellor Rogers

S.R. 76-__ Regarding the Resolution agreed to

misconduct by Speaker Priscilla
Acosta.

S.R. 76-__ Expressing the No final action taken

approval of the Senate to fill the
space on the third floor of the
Joe Crowley Student Union with
a restaurant concept.
October 8, 2008
Item 15 S.R. 76-__ Establishing a Select No final action taken
Committee on University Budget
Cuts

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 Item 18 S.R. 76-__ Expressing the Resolution agreed to, as
approval of the Senate to fill the amended
space on the third floor of the
Joe Crowley Student Union with
a restaurant concept.
October 15, 2008
Item 18 S.R. 76-__ Establishing a Select Resolution agreed to; no
Committee on University Budget minutes of this meeting
Cuts
October 22, 2008
Item 15 S.B. 76-__ Revisions to the ASUN Fast-track, bill passed, as
Budget amended

S.B. 76-__ Revisions to Public No final action taken

Law 75-51

Item 16 S.R. 76-__ Encouraging the No final action taken

University's and Community's
involvement in recycling and
proper disposal of CFLs

Item 18 S.R. 76-__ Recognizing Resolution agreed to, as

Chancellor Rogers' contribution amended
to the NSHE
October 29, 2008
Item 15 S.R. 76-__ Encouraging the Postponed indefinitely
University to enforce the same
rules/regulations on outside
organizations that use campus
facilities

Item 18 S.R. 76-__ Supporting the Resolution agreed to

formation of a coalition advisory
board for sports and recreational
student organizations within the
Department of Clubs and
Organizations

S.B. 76-__ Revisions to Public Bill passed

Law 75-51
November 5, 2008
Item 18 S.R. 76-__ Encouraging the Postponed indefinitely
University to enforce the same
rules/regulations on outside
organizations that use campus
facilities

S.R. 76-__ Supporting the Resolution agreed to

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 formation of the Student
Organizations as Academic
Resources initiative

S.R. 76-__ Supporting Senate Postponed indefinitely

Fundraising for the University of
Nevada Marching Band

S.B. 76-__ Revisions to the ASUN Bill passed, as amended

Budget

S.B. 76-__ Expenditures from the No action taken

ASUN Capital Account

November 12, 2008

Item 16 S.R. 76-_ Expressing the Vote of No final action taken
No Confidence in the Governor
of Nevada

Item 18 S.B. 76-__ Expenditures from the No action indicated in minutes

ASUN Capital Account
November 19, 2008
Item 18 No minutes of meeting;

S.R. 76-__ Expressing a Vote of

No Confidence in the Governor
of Nevada

S.B. 76-__ Revisions to the ASUN Bill believed passed

Budget

S.B. 76-__ Expenditures from the Bill believed passed

ASUN Capital Account

S.B. 76-__ Revise Rule XIV of the Believed agreed to as a

Senate Rules resolution

S. B 76-__ Amend Rule X of the Believed agreed to as a

Senate Rules resolution

S.B. 76-__ To Provide for the Bill believed passed

establishment of Advisory
Boards by the Executive Branch
December 3, 2008
Item 16 S.B. 76-__ To Amend Public Law No final action taken
75-7, 75-48 and 75-50 relating to
the Chief Presidential Aid

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 S.B. 76-__ To extend the date for Bill passed
the dissolution of Select
Committee on University Budget
Cuts

S.R. 76-__ The Associated Resolution agreed to, as

Students stance against a tuition amended
increase
Item 18
S.R. 76-__ Supporting a $5 per Resolution agreed to, as
student fee increase for the amended
Counseling Center
December 10, 2008
Item 15, Item 16 S.R. 76-__ Establishing Interim Resolution fast-tracked, agreed
Committee to, as amended

S.R. 76-__ Ameliorating the No final action taken

Associated Students of the
University of Nevada Senate's
Administrative Responsibilities

S.R. 76-__ Recognition of Resolution fast-tracked, agreed

Excellent Service to the Students to, as amended

Item 18 S.B. 76-__ To Provide for the Bill passed, as amended

establishment of Advisory
Boards by the Executive Branch

S.B. 76-__ To Amend Public Law No action indicated

75-7, 75-48 and 75-50 relating to
the Chief Presidential Aid

S.B. 76-__ The Judicial Act of Bill passed, as amended

2008- To Amend Public Law 75-
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S.B. 76-__ To Amend Public Law Bill passed, as amended

75-25 Relating to ASUN Elections
January 21, 2009
Item 18 S.R. 76-__ Commending Mr. Resolution agreed to
Daniel Morg and Fritz Bar and
Grill

S.B. 76-__ Amending the ASUN Bill passed

Senate Account, regarding the
reallocation of unused funds

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 S.R. 76-__ To recognize and Resolution agreed to, as
thank the Student Orientation amended
Staff for dedicating over 25 years
of service to the University of
Nevada

S.R. 76-__ To Support Student Resolution agreed to, as

Lobbying Efforts Which Promote amended
Student Participation in the
State's Political Process

S.R. 76-__ Commending Resolution agreed to, as

Wolfpack Radio For Their amended
Outstanding Dedication to the
University of Nevada

S.R. 76-__ To Recognized Judy Resolution agreed to

Strauss, Students of the Fall 2008
Advanced Marketing
Management Class and the
University's American Marketing
Association For Their
Outstanding Community Service
with the White Ribbon Campaign
January 28, 2009
No minutes

Item 15 S.B. 76-__ Amending Senate Bill believed passed

Rules

Item 16 S.B. 76-__ Amending Public Law Bill believed passed

75-49
February 4, 2009
No minutes

Item 13 S.B. 76-__ To Amend Public Law No action taken

75-25 Relating to ASUN Elections

Item 15, Item 16 S.R. 76-__ Recognizing and Resolution believed agreed to
Thanking Dean Gregory Mosier
for His Dedication to the College
of Business
February 11, 2009
Item 18 S.B. 76-__ To Amend Public Law Postponed to next meeting
75-25 Relating to ASUN Elections
February 25, 2009
Item 15, Item 16 S.R. 76-__ Encouraging Deans to Postponed to next meeting
Create Policies That Compel

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 Professors to Turn in Their
Textbook Requests on Time.

Item 18 S.R. 76-__ Amending Senate Rule Resolution agreed to, as

IX (b), Senate Rule IX (c) and amended
Senate Rule C (g) changing the
composition and duties of the
Committee on Conduct and
Appointments.

S.R. 76-__ Amending Senate Resolution withdrawn (but

Rules XII subsequent enactment found)

S.R. 76-__ Amending Senate Resolution not agreed to, thus

Rules Regarding Absences no final action

S.B. 76-__ Making Revisions to Bill passed

the ASUN Budget Regarding
unused ASUN Office Expenses on
Athletic Subsidy, Insight
Magazine, Leadership Programs
and the Programming Board.

S.B. 76-__ Establishing a Senate Bill passed, as amended

Transitional Training Period

S.R. 76-__ Adding Senate Rule Resolution agreed to, as

XXII, Senate Training amended
March 4, 2009
Item 10, Item 11 Appointment of Secretary of Resolution agreed to
Senate

Item 15 S.R. 76- __ To Revise Rule XIV of Postponed to next meeting

the Senate Rules Renaming and
Clarifying Consensus Under
Section (e).

S.R. 76-__ To Fix the Title of Rule Postponed to next week

III of the Senate Rules

Item 16 S.R. 76-__ Encouraging Deans to Resolution fast-tracked, agreed

Create Policies That Compel to, as amended
Professors to Turn in Their
Textbook Requests on Time.

S.R. 76-__ Appointing the Resolution agreed to

Secretary of the Senate

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March 11, 2009
Item 15 S.B. 76-__ Amending Public Law No final action taken
75-38

Item 18 S.R. 76-__ To Revise Rule XIV of Resolution agreed to, as

the Senate Rules Renaming and amended
Clarifying Consensus under
Section (e)

S.R. 76-__ To Fix the Title of Rule Resolution agreed to

III of the Senate Rules
March 25, 2009
Item 16 Expressed Res. 76-1 Recognizing Resolution fast-tracked, agreed
Dr. David Thawley, DVM and to, as amended
Looking Forward to His Return to
the Campus

S.B. 76-_ Amendments to the Bill fast-tracked, passed, as

ASUN budget, regarding amended
reallocation of monies to the
Leadership Conference.

Item 18 S.J.R. 76-1 Call to Action the Resolution agreed to

Citizens of Nevada to Save
Higher Education and With It the
Future of the State

April 1, 2009
Item 15, Item 16 S.B. 76-_ Amending Public Law Bill fast-tracked, passed, as
75-38 amended
April 8, 2009
No minutes

Item 15, Item 16 S.B. 76-__ Establishing the SOAR Bill passed
Program to provide free and
supplemental tutoring for
Nevada’s students

E.R. 76-2 To Issue and apology to Resolution agreed to

Pi Kappa Phi Fraternity on behalf
of the Associated Students

E.R. 76-3 Recognizing Samuel Resolution agreed to

Owens for his selfless and
tireless dedication to the
University of Nevada and ASUN

S.B. 76-__ To Amend Public Law Bill passed

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 75-7, relating to the duties of the
Vice President

S.B. 76-__ To eliminate the office Rejected

of the Attorney General and
allow for changes and allocations
of duties

B.R. 76-1: To Amend Senate Rule Resolution agreed to

II, regarding office hours

S.B. 76-__ To make revisions to Bill passed

the ASUN Budget, regarding
Diversity Initiatives

E.R. 76-6 Forgiving Fred Phelps, No record of resolution

the Westboro Baptist Church of
Topeka, Kansas, and any related
entities

E.R. 76-7 Calling action against Resolution agreed to

Darfur and genocides worldwide

S.B. 76-__ To provide for the Rejected

appointments of the Director of
Programming, the Director of
Clubs and Organizations, and the
Presidential Assistant on Public
and Campus Relations, the
Commission on Elections, the
Judicial Council, and Flipside
Productions

Item 18 E.R 76-4 Urging the Reno City No record of resolution

Council to install street lights and
flashing crosswalks in and
around the University of Nevada
campus

S.B. 76-__ To make revisions to Bill passed

the ASUN Budget, regarding the
reallocation of monies from
student fees

S.B. 76-__ To set Senate Rejected

compensation

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April 15, 2009 (77th
Session)
Item 6(b) (Incomplete agenda statement) No relevant effect

Item 7 Incorrect agenda statement: Election of Secretary of the

Appointment of officers Senate
April 22, 2009
Item 15, Item 16 E.R. 77-1 To express the Resolution fast-tracked, agreed
condolences of the Associated to, as amended
Students concerning the death
of Robert Weems, the founding
dean of the College of Business
at the University of Nevada,
Reno.

I.R. 77- To amend Senate Rule Resolution fast-tracked, agreed

XXII, relating to a senator's to, as amended
absence during the ASUN Senate
Transition and Rules Training.
April 29, 2009
Item 15, Item 16 S.B. 77- To eliminate the Office Minutes indicate no action
of the Attorney General and
allow for changes and allocations
of duties to Archivist and ASUN
Legal Services.
May 6, 2009
Item 11 Vacant Senate Seats Appointment made

Item 18 E.R. 77-2 : The Associated Resolution agreed to, as

Students of the University of amended
Nevada are opposed to the
revisions for Millennium
Scholarship qualifications as
proposed in Assembly Bill No.
158.

S.B. 77-1: Expanding the duties Postponed indefinitely

of the Presidential Assistant on
Campus and Public Relations.

Case No. AN-003

ASUN law complaint; bills certified as properly enrolled, evincing the bill passed the Senate in the form
presented in the enrolled bill, by a secretary who was appointed after the bills passed the Senate were
fraudulently certified.

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The Secretary of the Senate enrolled and certified bills predating her appointment. The Council held that
this was a fraudulent act and invalidated the enactments.

The table below sets out the specific laws that were invalidated as a result of this case.

ASUN Public Law No. Description

76-1 To amend Public Law 75-7, 75-26, and 75-48
relating to the Department of Campus Diversity.
76-2 The Approval of the Club Support Funding Policies
76-3 To make revisions to the ASUN Budget (SB 76-1) in
accordance with the rollover monies received from
the previous fiscal year.
76-4 To authorize certain expenditures from the Capital
Account for the ASUN Accounting Office.
76-5 To Revise ASUN Public Law 75-51.
76-6 To Amend Senate Rules.
76-7 To Revise Rule XIV of the senate rules to; clearly
define the purpose of a Resolution under section
(d), to add and define the legislation of consensus
section (e), and to designate Legislative Expiration
to section (f).
76-8 To Revise Rule XIV of the senate rules to; clearly
define the purpose of a Resolution under section
(d), to add and define the legislation of consensus
section (e), and to designate Legislative Expiration
to section (f).
76-9 To make revisions to the ASUN budget.
76-10 To Revise ASUN Public Law 75-49.
76-11 To make revisions to the ASUN budget.
76-12 To extend the date for dissolution of the Select
Committee on University Budget Cuts.
76-13 To provide for the establishment of advisory
boards by the Executive Branch.
76-14 To replace the Judicial Act of 2007 with the Judicial
Act of 2008.
76-15 To Revise ASUN Public Law 75-49.
76-16 To amend the ASUN Senate account, regarding the
reallocation of unused funds.
76-17 To Revise the ASUN Election Code.
76-18 To make revisions to the ASUN budget.
76-19 To establish a Senate transitional training period.

Case No. AN-004

OML complaint; written minutes of meeting must comply with OML standard that the substance of all
matters proposed, discussed, or decided are included.

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Council declined to invalidate actions from April 15, 2009, meeting, which was the only case the
complaint alleged specific violations.

Case No. AN-005

OML complaint; minutes must be produced within 30 working days of a meeting.

The Judicial Council voided the meetings and all actions took at several meetings if the minutes did not
exist as of the date of the ruling.

The table below sets out the meetings voided and the actions taken, or believed to be taken, at the
meeting.

Meetings Voided Actions at Meeting

May 30, 2008 S.B. 76-3: Budget of the Associated Students for fiscal year 2009.
June 13, 2008 No actions believed taken.
October 15, 2008 S.R. 76-__ Establishing a Select Committee on University Budget Cuts;
resolution agreed to
January 28, 2009 Resolution making changes to committee membership
S.B. 76-__ Amending Senate Rules; bill passed; assigned ASUN Public Law No.
76-7
S.B. 76-__ Amending Public Law 75-49; bill passed; assigned ASUN Public Law
No. 76-10
February 4, 2009 S.B. 76-__ To Amend Public Law 75-25 Relating to ASUN Elections; no action
taken
S.R. 76-__ Recognizing and Thanking Dean Gregory Mosier for His Dedication
to the College of Business; resolution believed agreed to
April 8, 2009 S.B. 76-__ Establishing the SOAR Program to provide free and supplemental
tutoring for Nevada’s students; bill passed; assigned ASUN Public Law No. 76-
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E.R. 76-2 To Issue and apology to Pi Kappa Phi Fraternity on behalf of the
Associated Students; resolution agreed to
E.R. 76-3 Recognizing Samuel Owens for his selfless and tireless dedication to
the University of Nevada and ASUN; resolution agreed to
S.B. 76-__ To Amend Public Law 75-7, relating to the duties of the Vice
President; bill passed; assigned ASUN Public Law No. 76-24
B.R. 76-1: To Amend Senate Rule II, regarding office hours; resolution agreed
to
S.B. 76-__ To make revisions to the ASUN Budget, regarding Diversity
Initiatives; bill passed; assigned ASUN Public Law No. 76-25

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 E.R. 76-7 Calling action against Darfur and genocides worldwide; resolution
agreed to
S.B. 76-__ To make revisions to the ASUN Budget, regarding the reallocation of
monies from student fees; bill passed; assigned ASUN Public Law No. 76-26

Case No. AN-006

ASUN law and OML complaint challenging on numerous grounds the legitimacy of ASUN spending for
fiscal year 2009. Minutes not produced within 30 working days of a meeting creates a void meeting;
audio recordings must be produced within 30 days of a meeting, and when not produced creates a void
meeting; meeting held when notice and agenda was not posted in enough locations is void; agenda that
does not list the location and place of a meeting with particular clarity creates a void meeting; when acts
creating evidence of essential steps in the legislative process are omitted, proof of valid enactment
cannot be verified; enactment of a budget by itself does not create a constitutionally recognized
appropriation; successive amendments to a budget or appropriation are void in and of themselves when
the base enactment is void; spending without lawful authorization is illegal; promulgation of a bill,
within a reasonable time of enactment, is required.

The Council decided since Defendants in this action did not dispute the complaint, Plaintiff was entitled
to the relief requested in the complaint. All enactments related to the ASUN budget for fiscal year 2009
are void.

As a result of this case, ASUN Public Law Nos. 76-3, 76-9, 76-11, 76-11, 76-18, 76-20, 76-22, 76-25, and
76-26 are void because a proper budget and appropriations bill was never legally enacted.

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