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U.C. Rules Vote Advisory; Politics Lead 5 to Resign

Council Makes Referendum Non-Binding

By Sarah J. Schaffer

A student referendum which overwhelmingly rejected the Under-graduate Council's $10 term-bill hike and current election procedures will not be binding on the council.

The council voted last night to overturn the decision of council Parliamentarian David A. Smith '94, who had ruled the student vote binding.

In accordance with rules established before the referendum, the council declared the results simply "advisory" because only about 22 percent of students voted, well short of the council's 50 percent requirement.

After the council ruled the referendum's five questions non-binding, the issue was tabled. It will not be considered until the next meeting, which will be held next fall.

Last night's motion was submitted by council member Jay I. Kim '95, who is a Crimson editor.

Last week, students voted by more than 18 percentage points on all five referendum questions to overturn current council policies. Besides thefee hike and election procedure, other referendumissues included the option to waive the councilfee on term bills, Collegewide election of councilexecutives and distribution of extra council fundsto house committees.

Former council member Anjalee C. Davis '96, wholaunched the referendum procedure with acampuswide signature campaign, said the councilhad no right to rule the results merely advisory.

Because the questions on last week's referendumarose through a student petition, Davis said, itwas a student referendum rather than a councilreferendum.

The Committee on College Life had recommendedthat the council's referendum needed 50 percentturnout to be valid, and the council voted toapprove that recommendation. But Davis said thatrequirement does not apply to a studentreferendum.

According to council Vice President Joshua D.Liston '95 and President Carey W. Gabay '94, thefact that the questions came from a studentpetition did not make the council's 50 percentturnout rule invalid.

Davis also said the vote to make the referendumadvisory is unconstitutional because the councilvoted only to overturn the parliamentarian'sdecision, which requires just a simple majority.

Davis said that according to the constitution,an explicit three-quarters' vote on the referendumitself was needed to make the referendum advisory.

"This is the final insult," Davis said. "Theyrefuse to recognize our votes. The only option wehave left is to refuse to recognize them by notpaying our fees in the fall."

According to the council constitution, abinding student referendum can only be directlyoverturned by a three-quarters majority councilvote.

But under the Committee on College Liferecommendation approved by the council for thisreferendum, last week's vote did not quality forthe constitutional definition.

Still, Liston said the meeting tonight mighthave gone differently if students had not votedagainst the council in the referendum.

Had the questions gone the way the councilwanted them to, Liston said, "there would havebeen no need to pass" the vote to overturn theparliamentarian's decision tonight.

Council member Michael P. Beys '94 made themotion to table the referendum issue.

"I don't think twenty-one percent of thestudent body should be able to bind an institutionthat takes its authority from more than twenty-onepercent of the students," Beys said.

The final relegation of the referendum to"advisory" status comes after months of delays anddispute over the vote.

The original version of last week's referendumwas proposed at a May 2 Undergraduate Councilmeeting after an earlier, council-administeredreferendum was invalidated because of impropervoting procedures.

That council-generated referendum contained twoquestions, one on the term-bill hike and one onthe fee waiver on the term bill.

On May 4, however, the council executive boardaccepted the petition from Davis, who is on leavethis semester. Davis' May 4 petition rephrased thecouncil's two questions and added three others tothe referendum

Former council member Anjalee C. Davis '96, wholaunched the referendum procedure with acampuswide signature campaign, said the councilhad no right to rule the results merely advisory.

Because the questions on last week's referendumarose through a student petition, Davis said, itwas a student referendum rather than a councilreferendum.

The Committee on College Life had recommendedthat the council's referendum needed 50 percentturnout to be valid, and the council voted toapprove that recommendation. But Davis said thatrequirement does not apply to a studentreferendum.

According to council Vice President Joshua D.Liston '95 and President Carey W. Gabay '94, thefact that the questions came from a studentpetition did not make the council's 50 percentturnout rule invalid.

Davis also said the vote to make the referendumadvisory is unconstitutional because the councilvoted only to overturn the parliamentarian'sdecision, which requires just a simple majority.

Davis said that according to the constitution,an explicit three-quarters' vote on the referendumitself was needed to make the referendum advisory.

"This is the final insult," Davis said. "Theyrefuse to recognize our votes. The only option wehave left is to refuse to recognize them by notpaying our fees in the fall."

According to the council constitution, abinding student referendum can only be directlyoverturned by a three-quarters majority councilvote.

But under the Committee on College Liferecommendation approved by the council for thisreferendum, last week's vote did not quality forthe constitutional definition.

Still, Liston said the meeting tonight mighthave gone differently if students had not votedagainst the council in the referendum.

Had the questions gone the way the councilwanted them to, Liston said, "there would havebeen no need to pass" the vote to overturn theparliamentarian's decision tonight.

Council member Michael P. Beys '94 made themotion to table the referendum issue.

"I don't think twenty-one percent of thestudent body should be able to bind an institutionthat takes its authority from more than twenty-onepercent of the students," Beys said.

The final relegation of the referendum to"advisory" status comes after months of delays anddispute over the vote.

The original version of last week's referendumwas proposed at a May 2 Undergraduate Councilmeeting after an earlier, council-administeredreferendum was invalidated because of impropervoting procedures.

That council-generated referendum contained twoquestions, one on the term-bill hike and one onthe fee waiver on the term bill.

On May 4, however, the council executive boardaccepted the petition from Davis, who is on leavethis semester. Davis' May 4 petition rephrased thecouncil's two questions and added three others tothe referendum

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