IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS ) ) ) ) ) ) ) ) Pursuant to Paragraph 10 of the underlying complaint referenced above, Petitioner

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1 Corinna Cohn IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS CORINNA COHN (for herself and members of the Association collectively, Petitioner, vs. PRISCILLA ACOSTA (in her official capacity as Speaker of the th Senate of the Associated Students, GRACIE GEREMIA, (in her official capacity as Speaker of the th Senate of the Associated Students, SENATE OF THE ASSOCIATED STUDENTS, Respondents Case No.: (Clear and Complete Agenda Requirement SCHEDULE OF AGENDA ITEMS Pursuant to Paragraph of the underlying complaint referenced above, Petitioner files this Schedule of Agenda Items Complained Against. Petitioner asserts these items, for various reasons, violate the standard laid out in NRS 1.0((c(1. 1. May, 0 a. Item. May 0, 0 a. Item -1-

2 . June, 0 a. Item. July, 0 a. Item b. Item. July 0, 0 a. Item. August, 0 a. Item b. Item c. Item. September, 0 a. Item b. Item. September, 0 a. Item. October 1, 0 a. Item. October, 0 a. Item b. Item. October, 0 a. Item. October, 0 a. Item --

3 b. Item c. Item. October, 0 a. Item b. Item. November, 0 a. Item. November, 0 a. Item b. Item. November, 0 a. Item. December, 0 a. Item b. Item. December, 0 a. Item b. Item c. Item. January, 0 a. Item. January, 0 a. Item b. Item. February, 0 --

4 a. Item b. Item c. Item. February, 0 a. Item. February, 0 a. Item. February, 0 a. Item b. Item c. Item. March, 0 a. Item b. Item c. Item d. Item. March, 0 a. Item b. Item. March, 0 a. Item b. Item. April 1, 0 a. Item b. Item --

5 . April, 0 a. Item b. Item c. Item 0. April, 0 a. Item (b b. Item 1. April, 0 a. Item. April, 0 a. Item b. Item. May, 0 a. Item b. Item Petitioner reserves the right to modify this list, by either addition or subtraction. Dated this day of, 0. Corinna Cohn cohnc@unr.nevada.edu Petitioner --

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7 Corinna Cohn IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS CORINNA COHN (for herself and members of the Association collectively, Petitioner, vs. PRISCILLA ACOSTA (in her official capacity as Speaker of the th Senate of the Associated Students, GRACIE GEREMIA, (in her official capacity as Speaker of the th Senate of the Associated Students, SENATE OF THE ASSOCIATED STUDENTS, Respondents Case No.: COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF VIOLATIONS OF SECTION (a( of ASUN PUBLIC LAW 1 and NRS 1.0((c(1 (Clear and Complete Agenda Requirement Petitioner complains and alleges as follows: JURISDICTION AND VENUE Jurisdiction in the Judicial Council of the Associated Students is proper under Article IV, section of the Constitution of the Associated Students. The Judicial Council is the sole judicial body of the Associated Students. /// /// -1-

8 GENERAL ALLEGATIONS The Parties At all times relevant to this complaint: 1. Petitioner is a member of the Associated Students of the University of Nevada, within the meaning of Art. I, sec. 1(a of the Constitution of the Associated Students.. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its elected leader. Her term ended at midnight on April, 0.. Gracie Geremia is the duly elected Speaker of the Senate of the Associated Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its elected leader. She took office on April, 0.. The Senate of the Associated Students is the legislative branch of the Associated Students, established under Article II of the ASUN Constitution. The Senate is sued in its collective capacity because it has an obligation to ensure it is adhering to proper process in conducting its business. Background Information. The public bodies of the Associated Students are subject to the provisions of the Open Meeting Law (Chapter 1 of the Nevada Revised Statutes (NRS. NRS 1.0 states The Board of Regents of the University of Nevada shall establish for the student governments within the Nevada System of Higher Education requirements equivalent to those of this chapter and shall provide for their enforcement. In carrying out its statutory obligation, the Board of Regents adopted regulations governing the meetings of student governments, carried at Title, Board of Regents Handbook, Chapter, Part B, section. Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to --

9 NRS 1.0 and applies to each student government recognized by the Board of Regents, that [t]he meetings of any multi-member legislative body of a student government shall be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 1 of the Nevada Revised Statutes, as amended.. The Board of Regents recognition of the Associated Students, as established under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter of Title, Board of Regents Handbook. It is without dispute that ASUN is recognized by the Regents.. The Senate of the Associated Students is a multi-member legislative body of the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative branch of the Association. The legislative power of the Association shall be vested in a Senate of the Associated Students (Art. II, sec. 1. Further, the Senate is composed of members (ASUN Const. Art. II, sec. 1(a. Therefore, the Senate meets the definition of being a multi-member legislative body of a student government.. For the purposes of this complaint, the provisions of the Nevada Open Meeting Law (OML are made directly actionable under the judicial power of the Associated Students by virtue of section (a( of the ASUN Public Records, Transparency, and Accountability Act of 0 (ASUN Public Law 1; ASUN Stat. 1, which provides (a The presiding officer of a public body under the jurisdiction of the Associated Students ( shall publish and post agendas in accordance with the Nevada Open Meeting Law.. NRS 1.0((c(1 requires that agendas contain [a] clear and complete statement of the topics scheduled to be considered during the meeting. Facts of the Case. The th Session of the Senate of the Associated Students met times based --

10 on a review of the agendas posted on the website of the Associated Students ( under Senate meetings. The th Session has met times. As a representative example of the type of conduct complained against in this case, the Senate noticed a meeting on November, 0 (see attached exhibit. During that meeting, under agenda item, the Senate was scheduled to consider b. S.B. - Revisions to the ASUN Budget and c. S.B. - Expenditures from the ASUN Capital Account. All specific agenda items complained against are listed in an attached schedule (Exhibit. All violate the same provision of the law, but each violation may fall into separate categories of reason. First Cause of Action Declaratory Relief Violation of Section (a( of ASUN Public Law 1, NRS 1.0((c(1. Plaintiff repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. NRS 1.0((c(1 requires that agendas contain [a] clear and complete statement of the topics scheduled to be considered during the meeting.. The Nevada Attorney General s Office has published a handbook consisting of guidance to public bodies within the state on complying with the provisions of the OML. The Attorney General s Office is authorized under the OML to issue advisory opinions with respect to the enforcement of the law. In so doing, the Office has opined many times on the clear and complete agenda requirement. In the Office s Open Meeting Law Manual, the following advice is given: The following guidelines are gleaned from opinions [on the clear and complete agenda requirement]: c. Agenda items must be described with clear and complete detail so that the public will receive notice in fact of what is to be discussed by the public body. --

11 d. Use a standard of reasonableness in preparing the agenda and keep in mind the spirit and purpose of the Open Meeting Law. e. Always keep in mind the purpose of the agenda is to give the public notice of what its government is doing, has done, or may do. h. An agenda must never be drafted with the intent of creating confusion or uncertainty as to the items to be considered or for the purpose of concealing any matter from receiving public notice. Additionally, based on some of the complaints received by the Office of the Attorney General, the following suggestions are offered: c. Agenda descriptions for resolutions, ordinances, regulations, statutes, rules or other such items to be considered by public bodies should describe what the statute, ordinance, regulation, resolution, or rule relates to so that the public may determine if it is a subject in which they have an interest. See OMLO -01 (January, ; OMLO - 0 (January,. (Nevada Open Meeting Law Manual, Nevada Attorney General s Office, th ed., December 0, at.0.. Further, the manual points out an opinion of the Nevada Supreme Court with respect to the clear and complete agenda requirement: In 0, the Nevada Supreme Court in Sandoval v. Board of Regents, 1 Nev., P.d 0 (0 created significant jurisprudence regarding Nevada s Open Meeting Law, in particular NRS 1.0((c(1. The Court stated that this provision was enacted by the Legislature to ensure that the public is on notice regarding what will be discussed at public meetings. Id. at. Relying upon case law from Texas and Nebraska, the Court emphasized the purpose of Nevada s Law: Similarly, Nevada s Open Meeting Law seeks to give the public clear notice of the topics to be discussed so that the public can attend a meeting when an issue of interest will be discussed. Id. at.. The Council should give weight to the Nevada Attorney General s opinion and the State Supreme Court because the Open Meeting Law is the same for state and local entities as it is for the ASUN Senate. The provisions of the law do not change for ASUN, as they were made specifically applicable to ASUN by both the Regents and ASUN.. In the instant case, the Council should view challenged agenda items in the --

12 view of the clear and complete standard. Agenda items like Amendments to the Budget or Capital Spending do not give the public notice in fact as to what will actually be considered.. Furthermore, Petitioner more generally complains against the fact that almost all bills and resolutions noticed on agendas for this session lacked the number assigned to it, thereby going against the advice that [a]n agenda must never be drafted with the intent of creating confusion or uncertainty as to the items to be considered. If the bill or resolution number is not listed on the agenda, the public will have difficulty seeking out the proper bill or resolution to determine what will actually be considered. Given the fact that Senate Rules require sufficient advanced filing of bills and resolutions so that a number can be assigned in advance of the agenda posting deadline, it is simply inexcusable that numbers are not listed on the agenda. (Under the same rules, the Senate during the th Session, with rare exception, had little trouble in stating the bill and resolution numbers on agendas.. Accordingly, the Council should declare that the Senate is not in compliance with the provisions of the OML in that minimum public notice was not given of its meetings, due to the fact that notice of what action may be taken during the meetings was not compliant with the clear and complete agenda standard. Second Cause of Action Injunctive Relief Arising out of First Cause of Action. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. The Council should enjoin the Senate from posting agendas in violation of the clear and complete standard of the Open Meeting Law. /// --

13 Third Cause of Action Declaratory Relief Declaring Null and Void Certain Acts. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. Assuming the Council grants the relief granted in the First Cause of Action, the Council should also declare void the acts had and decisions made during the meetings declared to have been held in violation of the Open Meeting Law. NRS 1.0 states [t]he action of any public body taken in violation of any provision of this chapter is void. Accordingly, if the Council finds that violations occurred, it has no choice but to declare them void. Although Petitioner is aware that NRS 1.0( contains a statute of limitations on when a person can bring a complaint seeking declaratory and injunctive relief to seek compliance with the OML or to have actions declared void, NRS 1.0 states that the Board of Regents is to establish the regulations governing student governments and is to provide for their enforcement. The parallel provision at the Regents level to NRS 1.0 is at Title, Board of Regents Handbook, Chapter, Part B, section ((a: Violations of this section shall be treated as follows: a. Any action taken in violation of the provisions of this section is void. Because ASUN has enacted its own legislation stating that its officials, in the ASUN context, are to comply with the law, the provisions of the OML as applied on ASUN by the Regents is enforceable in this Council under the constitutional judicial power of the Associated Students.. Further, the Regents did not institute a statute of limitations on enforcement complaints, nor did ASUN. WHEREFORE, Petitioner prays for judgment against Respondents as follows: 1. For a declaration that Respondents actions constitute a violation of the laws --

14 and regulations cited herein.. For an order enjoining Respondents from engaging in further violations of the laws and regulations cited herein. For a declaration that actions take in violation of the laws and regulations cited herein are void.. For such other relief as the Council deems just and proper. Dated this day of, 0. Corinna Cohn cohnc@unr.nevada.edu Petitioner --

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17 Corinna Cohn IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS CORINNA COHN (for herself and members of the Association collectively, Petitioner, vs. PRISCILLA ACOSTA (in her official capacity as Speaker of the th Senate of the Associated Students, GRACIE GEREMIA, (in her official capacity as Speaker of the th Senate of the Associated Students, ALEJANDRA REYES (in her official capacity as Secretary of the Senate, SENATE OF THE ASSOCIATED STUDENTS, Respondents Petitioner complains and alleges as follows: JURISDICTION AND VENUE Case No.: COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF VIOLATIONS OF SECTIONS and of ASUN PUBLIC LAW (Improper certification of passage of bills Jurisdiction in the Judicial Council of the Associated Students is proper under Article IV, section of the Constitution of the Associated Students. The Judicial Council is the sole judicial body of the Associated Students. -1-

18 GENERAL ALLEGATIONS The Parties At all times relevant to this complaint: 1. Petitioner is a member of the Associated Students of the University of Nevada, within the meaning of Art. I, sec. 1(a of the Constitution of the Associated Students.. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its elected leader. Her term ended at midnight on April, 0.. Gracie Geremia is the duly elected Speaker of the Senate of the Associated Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its elected leader. She took office on April, 0.. Alejandra Reyes is the Secretary of the Senate.. The Senate of the Associated Students is the legislative branch of the Associated Students, established under Article II of the ASUN Constitution. The Senate is sued in its collective capacity because it has an obligation to ensure it is adhering to proper process in conducting its business. Background Information. Section of the Bill Governance Act of 0 (ASUN Public Law -; ASUN Stat. requires the Secretary of the Senate to enroll a bill when it has passed the Senate. The section also requires the Secretary to certify to the proper enrollment of a bill (i.e. that it passed the Senate and that it accurately and exactly reflects what the Senate passed.. Section of the same Act requires the Speaker of the Senate to sign bills that have passed the Senate. --

19 Facts of the Case. On information and belief, the Secretary of the Senate certified to the passage of all bills that passed the Senate, numbered S.B. -1 through -, passed during the period May, 0, to February, 0.. On information and belief, the Speaker of the Senate signed the bills mentioned in Paragraph.. The Secretary of the Senate who certified to the passage of those bills was not appointed until March, 0.. Petitioner is not aware of when the bills were enrolled and signed to any degree of certainty, as no evidence can be found to suggest, to any degree of certainty, those dates. First Cause of Action Declaratory Relief Violation of Section of ASUN Public Law. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. Section of ASUN Public Law requires the Secretary of the Senate to certify to the passage of bills. However, petitioner claims it is improper for an official who does not have personal knowledge of the passage to certify the same. The Secretary could not have had personal knowledge of passage because she was not appointed until after the bills passed the Senate.. Therefore, Petitioner requests a declaration that all bills so certified are void and without effect. /// /// --

20 Second Cause of Action Declaratory Relief Violation of Sections and of ASUN Public Law. On information and belief, Petitioner alleges that the Secretary and Speaker signed Senate Bills numbered -, -, -, and - without having actually passed the Senate. This constitutes a violation of Sections and of ASUN Public Law. the same.. Petitioner requests a declaration that such conduct constitutes a violation of WHEREFORE, Petitioner prays for judgment against Respondents as follows: 1. For a declaration that Respondents actions constitute a violation of the laws and regulations cited herein.. For an order enjoining Respondents from engaging in further violations of the laws and regulations cited herein. For a declaration that actions take in violation of the laws and regulations cited herein are void.. For such other relief as the Council deems just and proper. Dated this day of, 0. Corinna Cohn cohnc@unr.nevada.edu Petitioner --

21 Corinna Cohn IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS CORINNA COHN (for herself and members of the Association collectively, Petitioner, vs. PRISCILLA ACOSTA (in her official capacity as Speaker of the th Senate of the Associated Students, GRACIE GEREMIA, (in her official capacity as Speaker of the th Senate of the Associated Students, SENATE OF THE ASSOCIATED STUDENTS, ALEJANDRA REYES (in her official capacity as Secretary of the Senate, Respondents Petitioner complains and alleges as follows: Case No.: COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF VIOLATIONS OF SECTIONS (c(1 and (e( of ASUN PUBLIC LAW 1 and NRS 1.0(1 (Sufficiency of minutes JURISDICTION AND VENUE Jurisdiction in the Judicial Council of the Associated Students is proper under Article IV, section of the Constitution of the Associated Students. The Judicial Council is the sole judicial body of the Associated Students. -1-

22 GENERAL ALLEGATIONS The Parties At all times relevant to this complaint: 1. Petitioner is a member of the Associated Students of the University of Nevada, within the meaning of Art. I, sec. 1(a of the Constitution of the Associated Students.. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its elected leader. Her term ended at midnight on April, 0.. Gracie Geremia is the duly elected Speaker of the Senate of the Associated Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its elected leader. She took office on April, 0.. Alejandra Reyes is the Secretary of the Senate.. The Senate of the Associated Students is the legislative branch of the Associated Students, established under Article II of the ASUN Constitution. The Senate is sued in its collective capacity because it has an obligation to ensure it is adhering to proper process in conducting its business. Background Information. The public bodies of the Associated Students are subject to the provisions of the Open Meeting Law (Chapter 1 of the Nevada Revised Statutes (NRS. NRS 1.0 states The Board of Regents of the University of Nevada shall establish for the student governments within the Nevada System of Higher Education requirements equivalent to those of this chapter and shall provide for their enforcement. In carrying out its statutory obligation, the Board of Regents adopted regulations governing the meetings of student governments, carried at Title, Board of Regents Handbook, Chapter, Part B, section. --

23 Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to NRS 1.0 and applies to each student government recognized by the Board of Regents, that [t]he meetings of any multi-member legislative body of a student government shall be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 1 of the Nevada Revised Statutes, as amended.. The Board of Regents recognition of the Associated Students, as established under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter of Title, Board of Regents Handbook. It is without dispute that ASUN is recognized by the Regents. (The Board of Regents has subsequently changed its policy on how constitutions of student governments get approved. Approval of the Board is no longer required. Thus, publication at Title of the Handbook might no longer be competent evidence of institutional recognition of a student government.. The Senate of the Associated Students is a multi-member legislative body of the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative branch of the Association. The legislative power of the Association shall be vested in a Senate of the Associated Students (Art. II, sec. 1. Further, the Senate is composed of members (ASUN Const. Art. II, sec. 1(a. Therefore, the Senate meets the definition of being a multi-member legislative body of a student government.. For the purposes of this complaint, the provisions of the Nevada Open Meeting Law (OML are made directly actionable under the judicial power of the Associated Students by virtue of section of the ASUN Public Records, Transparency, and Accountability Act of 0 (ASUN Public Law 1; ASUN Stat. 1, which generally provides that the secretary of a public body shall take minutes as required by law (section (c(1.. NRS 1.0(1 requires that public bodies keep written minutes of each of --

24 its meeting. The law further requires that the minutes include The substance of all matters proposed, discussed or decided (NRS 1.0(1(c. Section (e of ASUN Public Law 1 contains requirements substantively similar to the OML. Facts of the Case. The th Session of the Senate of the Associated Students met times based on a review of the agendas posted on the website of the Associated Students ( under Senate meetings. The minutes from the April, 0, Senate meeting (attached exhibit represents a sample of the conduct complained against in this complaint.. The Senate at that meeting elected its Speaker for the new session. The minutes (exhibit do not reflect the substance of what was discussed at all at that meeting. Three Senators were placed into nomination for Speaker. The minutes state Each nominee was (sic recognized to give a minute presentation to the Senate. Further, the minutes state, The Senate questioned and debated the nominees. The audio recording and the account of The Nevada Sagebrush indicate that the Senate spent over one hour questioning, debating, and discussing the nominees before taking a vote (available online at < The minutes, however, do not reflect any of that discussion, as is required under the Open Meeting Law. This is akin to the situation described in Paragraph below.. The minutes further show in items,,, and that the Senate adopted several resolutions. The minutes do not reflect the substance of what was decided. This is akin to the situation discussed below in Paragraph.. On information and belief, Petitioner believes many other sets of minutes of the Senate are deficient for the same reasons as the set used as a representative sample above. Petitioner believes that all sets of minutes during the th Session and th Session, so far --

25 had, are deficient for the same reasons as set out in this complaint. First Cause of Action Declaratory Relief Violation of Section (e( of ASUN Public Law 1, NRS 1.0(1(c. Plaintiff repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. NRS 1.0(1(c requires that minutes kept by a public body must include, among other things, The substance of all matters proposed, discussed or decided.. The Nevada Attorney General s Office has published a handbook consisting of guidance to public bodies within the state on complying with the provisions of the OML. The Attorney General s Office is authorized under the OML to issue advisory opinions with respect to the enforcement of the law. In so doing, the Office has opined on the requirement that minutes include the substance of what happens at a meeting. In the Office s Open Meeting Law Manual, readers are directed to Open Meeting Law Opinion No. -0. See OMLO -0 (July, for an example of how a public body may violate the Open Meeting Law by failing to reflect in its meeting minutes the substance of the discussion by the members of the public body of certain relevant matters (Nevada Open Meeting Law Manual, Nevada Attorney General s Office, th ed., December 0, at.0.. The Attorney General opined (OMLO No. -0 on whether the minutes of the Board of Trustees of the Washoe County School District complied with the standard in the law. At the meeting in question, the Board was engaging in discussion about the selection process for a new superintendent. The opinion found that [t]he Board spent minutes (about one-third of the meeting discussing the selection process, and, in the opinion of this office, deciding on the selection of the Dr. Attea s firm and giving it the authority to advertise at the NSBA conference in New Orleans, yet the minutes are completely silent about the substance of the discussion --

26 (OMLO -0 at. The Attorney General s opinion is relevant to the ASUN cases.. Another OML opinion from the Attorney General s office provides further guidance on the standard for minutes. In this opinion, a board of county commissioners was discussing revisions to an ordinance. The minutes state, John Doughty went over the revisions that had been completed at the direction of the Board. He felt that the revisions will streamline the process and provide clarity (OMLO 0-01 at. The Attorney General opined that the minutes were not compliant with the law: (Ibid. The minutes of the meeting do not reflect the substance of what was discussed or decided on item a as required by NRS 1.0(1(c. From the minutes we know that John Doughty went over the revisions but the substance of those revisions are not expressed in the minutes. The ordinance was read by title no differently than expressed in the agenda. The motion to approve Ordinance -01 similarly does not reflect the substance of what the board decided. Without detail on the changes made by the ordinance being reflected in the minutes, the public cannot know from the minutes the substance of the discussion or the decision of the Board.. The Attorney General has opined many times on the issue of the sufficiency of minutes. In OMLO No. -0, the Attorney General found a commission violated the OML because the minutes do not reflect all matters discussed or decided at the meeting (OMLO -0 at. In OMLO 01-0, the Attorney General found a violation of the OML when the minutes did not include a notation of absence of a discussion on an agenda item. Thus, if an item is not discussed at a meeting, the minutes should state so.. The Council should give weight to the Nevada Attorney General s opinion because the Open Meeting Law is the same for state and local entities as it is for the ASUN Senate. The provisions of the law do not change for ASUN, as they were made specifically applicable to ASUN by both the Regents and ASUN.. In the instant case, the Council should view challenged minutes in light of the standard for minutes as articulated by the Nevada Attorney General. --

27 . Accordingly, the Council should declare that the Senate is not in compliance with the provisions of the OML in that the minutes of its meetings do not reflect the substance of all matters proposed, discussed, or decided. Second Cause of Action Injunctive Relief Arising out of First Cause of Action. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. The Council should enjoin the Senate from approving minutes in violation of minutes substance standard of the Open Meeting Law. Third Cause of Action Declaratory Relief Declaring Null and Void Certain Acts. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. Assuming the Council grants the relief granted in the First Cause of Action, the Council should also declare void the acts had and decisions made during the meetings declared to have been held in violation of the Open Meeting Law. NRS 1.0 states [t]he action of any public body taken in violation of any provision of this chapter is void. Accordingly, if the Council finds that violations occurred, it has no choice but to declare them void. Although Petitioner is aware that NRS 1.0( contains a statute of limitations on when a person can bring a complaint seeking declaratory and injunctive relief to seek compliance with the OML or to have actions declared void, NRS 1.0 states that the Board of Regents is to establish the regulations governing student governments and is to provide for their enforcement. The parallel provision at the Regents level to NRS

28 is at Title, Board of Regents Handbook, Chapter, Part B, section ((a: Violations of this section shall be treated as follows: a. Any action taken in violation of the provisions of this section is void. Because ASUN has enacted its own legislation stating that its officials, in the ASUN context, are to comply with the law, the provisions of the OML as applied on ASUN by the Regents is enforceable in this Council under the constitutional judicial power of the Associated Students.. Further, the Regents did not institute a statute of limitations on enforcement complaints, nor did ASUN. WHEREFORE, Petitioner prays for judgment against Respondents as follows: 1. For a declaration that Respondents actions constitute a violation of the laws and regulations cited herein.. For an order enjoining Respondents from engaging in further violations of the laws and regulations cited herein. For a declaration that actions take in violation of the laws and regulations cited herein are void.. For such other relief as the Council deems just and proper. Dated this day of, 0. Corinna Cohn cohnc@unr.nevada.edu Petitioner --

29 Corinna Cohn IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS CORINNA COHN (for herself and members of the Association collectively, Petitioner, vs. PRISCILLA ACOSTA (in her official capacity as Speaker of the th Senate of the Associated Students, GRACIE GEREMIA, (in her official capacity as Speaker of the th Senate of the Associated Students, ALEJANDRA REYES (in her official capacity as Secretary of the Senate, SENATE OF THE ASSOCIATED STUDENTS, Respondents Petitioner complains and alleges as follows: JURISDICTION AND VENUE Case No.: COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF VIOLATIONS OF SECTION of ASUN PUBLIC LAW 1 and NRS 1.0(1-( (Missing minutes Jurisdiction in the Judicial Council of the Associated Students is proper under Article IV, section of the Constitution of the Associated Students. The Judicial Council is the sole judicial body of the Associated Students. -1-

30 GENERAL ALLEGATIONS The Parties At all times relevant to this complaint: 1. Petitioner is a member of the Associated Students of the University of Nevada, within the meaning of Art. I, sec. 1(a of the Constitution of the Associated Students.. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its elected leader. Her term ended at midnight on April, 0.. Gracie Geremia is the duly elected Speaker of the Senate of the Associated Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its elected leader. She took office on April, 0.. Alejandra Reyes is the Secretary of the Senate.. The Senate of the Associated Students is the legislative branch of the Associated Students, established under Article II of the ASUN Constitution. The Senate is sued in its collective capacity because it has an obligation to ensure it is adhering to proper process in conducting its business. Background Information. The public bodies of the Associated Students are subject to the provisions of the Open Meeting Law (Chapter 1 of the Nevada Revised Statutes (NRS. NRS 1.0 states The Board of Regents of the University of Nevada shall establish for the student governments within the Nevada System of Higher Education requirements equivalent to those of this chapter and shall provide for their enforcement. In carrying out its statutory obligation, the Board of Regents adopted regulations governing the meetings of student governments, carried at Title, Board of Regents Handbook, Chapter, Part B, section. --

31 Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to NRS 1.0 and applies to each student government recognized by the Board of Regents, that [t]he meetings of any multi-member legislative body of a student government shall be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 1 of the Nevada Revised Statutes, as amended.. The Board of Regents recognition of the Associated Students, as established under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter of Title, Board of Regents Handbook. It is without dispute that ASUN is recognized by the Regents. (The Board of Regents has subsequently changed its policy on how constitutions of student governments get approved. Approval of the Board is no longer required. Thus, publication at Title of the Handbook might no longer be competent evidence of institutional recognition of a student government.. The Senate of the Associated Students is a multi-member legislative body of the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative branch of the Association. The legislative power of the Association shall be vested in a Senate of the Associated Students (Art. II, sec. 1. Further, the Senate is composed of members (ASUN Const. Art. II, sec. 1(a. Therefore, the Senate meets the definition of being a multi-member legislative body of a student government.. For the purposes of this complaint, the provisions of the Nevada Open Meeting Law (OML are made directly actionable under the judicial power of the Associated Students by virtue of section of the ASUN Public Records, Transparency, and Accountability Act of 0 (ASUN Public Law 1; ASUN Stat. 1, which generally provides that the secretary of a public body shall take minutes as required by law (section (c(1.. NRS 1.0(1 requires that public bodies keep written minutes of each of --

32 its meeting. The law states that the minutes of a meeting must be made available for public inspection within 0 working days after the meeting took place (NRS 1.0(. Facts of the Case. According to a list prepared by the Archivist of the Associated Students (attached, written minutes of the Senate of the Associated Students are not available for the following meetings: May 0, 0, June, 0, June, 0, July, 0, October, 0, October, 0, January, 0, February, 0, February, 0, March, 0, and March, 0. Petitioner further believes that written minutes are not available for April, 0. First Cause of Action Declaratory Relief Violation of Section of ASUN Public Law 1, NRS 1.0(1-(. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. NRS 1.0(1 requires public bodies to keep written minutes of its proceedings. NRS 1.0( requires that the minutes be produced within 0 working days after a meeting took place.. The Nevada Attorney General has opined that failing to produce minutes for months on end is indefensible and a gross violation of the Open Meeting Law (OMLO 0-.. The Council should give weight to the Nevada Attorney General s opinion because the Open Meeting Law is the same for state and local entities as it is for the ASUN Senate. The provisions of the law do not change for ASUN, as they were made specifically applicable to ASUN by both the Regents and ASUN. /// --

33 Second Cause of Action Injunctive Relief Arising out of First Cause of Action. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. The Council should enjoin the Senate from engaging in further violations of the Open Meeting Law by not preparing minutes of its meetings as required by law. Third Cause of Action Declaratory Relief Declaring Null and Void Certain Acts. Petitioner repeats and realleges each and every allegation contained within paragraphs 1 through as though fully incorporated herein.. Assuming the Council grants the relief granted in the First Cause of Action, the Council should also declare void the acts had and decisions made during the meetings declared to have been held in violation of the Open Meeting Law. NRS 1.0 states [t]he action of any public body taken in violation of any provision of this chapter is void. Accordingly, if the Council finds that violations occurred, it has no choice but to declare them void. Although Petitioner is aware that NRS 1.0( contains a statute of limitations on when a person can bring a complaint seeking declaratory and injunctive relief to seek compliance with the OML or to have actions declared void, NRS 1.0 states that the Board of Regents is to establish the regulations governing student governments and is to provide for their enforcement. The parallel provision at the Regents level to NRS 1.0 is at Title, Board of Regents Handbook, Chapter, Part B, section ((a: Violations of this section shall be treated as follows: a. Any action taken in violation of the provisions of this section is void. Because ASUN has enacted its own legislation stating that its officials, --

34 in the ASUN context, are to comply with the law, the provisions of the OML as applied on ASUN by the Regents is enforceable in this Council under the constitutional judicial power of the Associated Students.. Further, the Regents did not institute a statute of limitations on enforcement complaints, nor did ASUN. WHEREFORE, Petitioner prays for judgment against Respondents as follows: 1. For a declaration that Respondents actions constitute a violation of the laws and regulations cited herein.. For an order enjoining Respondents from engaging in further violations of the laws and regulations cited herein. For a declaration that actions take in violation of the laws and regulations cited herein are void.. For such other relief as the Council deems just and proper. Dated this day of, 0. Corinna Cohn cohnc@unr.nevada.edu Petitioner --

35 Senate of the Associated Students Agenda for Wednesday, April, 0, at :0 p.m. Rita Laden Senate Chamber, Joe Crowley Student Union 1. CALL MEETING TO ORDER*. PLEDGE OF ALLEGIANCE*. ROLL CALL*. ADOPTION OF MINUTES a. April, 0. PUBLIC COMMENT* The Speaker may elect to take public comment on action items on this agenda. The Speaker may impose reasonable limits on the length members of the public may speak.. RECEIPT OF PETITIONS AND CORRESPONDENCE TO THE SENATE AND REFERRAL The Senate will receive communications addressed to the Senate and refer each to the appropriate committee. No action will be taken on communications other than referring them to committee. a. Representative from the Regional Transportation Commission. REPORTS OF ASUN OFFICERS* The Speaker shall recognize any senior officer of the Association, including the Speaker and the Secretary, to offer a written report on his or her official activities since the previous meeting and make any summary announcements he or she deems necessary for no longer than five minutes. a. Communications for the President b. Communications from the Vice President. REPORT OF THE SENATE COMMITTEES* The Speaker shall recognize the chairperson of each standing committee, in alphabetical order, and then each select committee, in alphabetical order, to report for no longer than five minutes on the committee s activities since the previous meeting. a. Report of the Chair of the Committee on Academics- Senator Bishop b. Report of the Chair of the Committee on Budget and Finance- Senator Hostmeyer c. Report of the Chair of the Committee on Campus Community- Senator Diaz d. Report of the Chair of the Committee on Oversight- Speaker Geremia e. Report of the Chair of the Committee on Government Operations- Senator Kealy f. Report of the Chair of the Committee on Public Affairs- Senator Purney g. Report of the Chair of the Committee on University Affairs- Senator Teeter. COMMENTS AND ANNOUNCEMENTS* The Speaker shall recognize in turn Senators requesting the floor for a period not to exceed two minutes. The total time for Comments and Announcements before the first reading of legislation shall not exceed fifteen minutes. POSTED ON OR BEFORE :00 a.m. ON THE THIRD WORKING DAY BEFORE THE MEETING Posted at the ASUN Offices in the Joe Crowley Student Union, first floor of the Joe Crowley Student Union, the Ansari Business Building, The IGT Knowledge Center, and online at If you would like a copy of any of the agenda items listed, please contact Gracie Geremia, ASUN Speaker of the Senate, at -- or SenatorGeremia@asun.unr.edu.

36 Senate of the Associated Students Agenda April, 0 Page. MOTIONS TO FAST-TRACK APPOINTMENTS The motion to fast-track a resolution of appointment confirmation shall be in order only if recommended by the committee of relevant jurisdiction. a. There are no appointments to be fast-tracked at this time. APPROVAL OF APPOINTMENTS OF SENATORS AND ASUN OFFICIALS a. The Senate will consider the following nomination to an Association office: 1. There have been no nominations reported from committee at this time. The Senate may consider the character, professional competence, physical or mental health, or other matters permissible under NRS 1.0 during consideration of this item." under item (a. b. The Senate may make changes to committee assignments by resolution.. ELECTION OF SENATE OFFICERS The Senate may proceed to the election or appointment of Officers of the Senate, pursuant to Art. II, sec. 1(e of the Constitution of the Associated Students. The Senate may elect or appoint, without limitation, a Secretary of the Senate or a Parliamentarian. The Senate may consider the character, professional competence, physical or mental health, or other matters permissible under NRS 1.0, of certain individuals during consideration of this item. Under NRS 1.01, the Senate may not close the meeting.. VETO MESSAGES FROM THE PRESIDENT The Senate may reconsider acts vetoed by the ASUN President if they are returned by the President with her objections: a. No veto messages at this time. CONSENT AGENDA The Speaker shall sequentially proceed through such acts of legislation that have been previously been placed on the consent agenda. Such acts shall be considered adopted by consent, unless a single Senator rises in objection thereto. All such acts so objected are immediately placed on the end of the agenda for second reading. a. No items have been filed for the consent agenda for this meeting.. FIRST READING OF LEGISLATION The following bills and resolutions will receive their first reading, and may be considered under item of this agenda: a. E.R. -1 To express the condolences of the Associated Students concerning the death of Robert Weems, the founding dean of the College of Business at the University of Nevada, Reno. b. B.R. - To amend Senate Rule XXII, relating to a senator s absence during the ASUN Senate Transition and Rules Training.. MOTIONS TO FAST-TRACK LEGISLATION A Senator may move that legislation under item of this agenda be considered at this meeting. Such a motion shall only be in order provided that a one-day notice has been given to the Speaker. The motion shall be decided without debate, and shall require the consent of a two-thirds majority of the Senate.

37 Senate of the Associated Students Agenda April, 0 Page a. E.R. -1 To express the condolences of the Associated Students concerning the death of Robert Weems, the founding dean of the College of Business at the University of Nevada, Reno. b. B.R. - To amend Senate Rule XXII, relating to a senator s absence during the ASUN Senate Transition and Rules Training.. REFERRALS TO COMMITTEE The Speaker shall refer all legislation read the first time and not fast-tracked to committee.. SECOND READING OF LEGISLATION The following bills and resolutions will receive their second reading and may be considered: a. There are no bills or resolutions to be considered for a second reading at this time. MISCELLANEOUS BUSINESS a. There is no miscellaneous business at this time.. COMMENTS AND ANNOUNCEMENTS* The Speaker shall recognize in turn Senators requesting the floor for a period not to exceed two minutes.. ADJOURNMENT Notes: Unless otherwise marked by an asterisk, all items are action items upon which the Senate may take action. Items may be taken out of the order presented at the discretion of the Chair. ASUN supports providing equal access to all programs for people with disabilities. Reasonable efforts will be made to provide accommodations to people with disabilities attending the meeting. Please call the ASUN at ( - as soon as possible to arrange for appropriate accommodation.

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49 Meeting: Date, Time and Place: Missing Document(s: Committee on Conduct and //0, :00pm, President s Minutes Appointments Committee on Government /1/0, :00pm, JCSU Room Minutes Operations Public Affairs Meeting //0, :00pm, JCSU Room Minutes 0 Academics Meeting //0, :00pm, Senate Minutes Chambers Campus Community //0, :00am, President s Audio Minutes Committee Meeting Interim Meeting //0, :00am, President s Minutes Audio Minutes Budget and Finace Meeting //0, :00am, President s Minutes Audio Minutes Interim Meeting //0, :00pm, President s Minutes Audio Minutes Senate Meeting /0/0, :00am, Senate Chambers Minutes Audio Minutes Special Senate Meeting //0, :00am, EJCH Minutes Audio Minutes Clubs and Orgs Commission //0, :0pm, President s Minutes Summer Meeting Interim Meeting //0, :0pm, Senate Minutes Chambers Pro forma Meeting //0, :00pm, Senate Minutes Chambers Interim Meeting //0, :0pm, President s Confrence Room Minutes Audio Minutes Clubs and Orgs Commission //0, :00am, President s Minutes Summer Meeting III Pro Forma Meeting //0, :00pm, President s Minutes Audio Minutes Interim Meeting /1/0, :0pm, President s Minutes Budget and Finance Meeting //0, :0pm, President s Minutes Audio Minutes Academics Meeting //0, :00pm, Senate Minutes Chambers University Affairs Meeting //0, 1:00pm JCSU 0 Minutes, Audio Minutes University Affiars Meeting //0, :0pm JCSU 0 Minutes

50 Senate Meeting //0, :0pm, Senate Chambers Audio Minutes Campus Community Meeting //0, 1:00pm JCSU 0 Minutes, Audio Minutes Government Operations //0, :0pm, President s Minutes Meeting Commission on Clubs and //0, :0pm, President s Minutes Orgs University Affairs Meeting //0, :0pm, JCSU 0 Minutes Public Affairs Meeting //0, :0am, President s Minutes Academics Meeting //0, :00pm, Senate Office Room Minutes Audio Minutes Commission of Clubs and //0, :0pm, Senate Minutes Orgs OrgSync Presentation Chambers University Affairs Meeting /1/0, :0pm, JCSU 0 Minutes Special Meeting //0, :0pm, Jot Travis Auditorium Minutes Audio Minutes Senate Meeting //0, :0pm, Senate Minutes Chambers Government Operations //0, 1:00pm, President s Minutes Meeting SOAR Forum //0, :0pm, Great Room Agenda, Minutes, Audio Minutes, Clubs and Orgs Commission //0, :am,president s Minutes Audio Minutes University Affairs Meeting //0, :0pm, JCSU 0 Minutes, Audio Minutes Public Affairs Meeting //0, :0pm, Senate Minutes Chambers Government Operations //0, 1:00pm, JCSU 0 Minutes Meeting Conduct Meeting //0, :00pm, President s Conference Meeting Minutes Audio Minutes Academics Meeting //0, :0pm, President s Minutes Public Affairs Meeting //0,:0am, President s Minutes Campus Community Meeting //0, 1:00pm, President s Minutes Audio Minutes Government Operations //0, :0pm, Senate Minutes Meeting Chambers University Affairs Meeting //0, :0pm, JCSU 0 Minutes Budget and Finance Meeting //0, :00pm, Senate Minutes Chambers Academics Meeting //0, :00pm, JCSU 0 Minutes