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  • 2.!A. We, the students of the Berkeley campus of the University of California, as an autonomous constituency of the university community, do provide by this Constitution a student government committed to effective student participation in all areas of student concern participate in the formation and the improvement of educational programs, protect full freedom of assembly and expression in the university community, articulate and represent the student interest in the governance of the campus!!The work of the ASUC is to provide to the students a voice in the greater educational community of the University of California. Not only that, it permits the students to form successful clubs and organizations on campus because they now have a source of funding. These goals are explicitly detailed in the lines, participate in the formation and the improvement of educational programs, meaning that they are responsible for voicing the communitys beliefs in the creation of reforms in education on campus; protect full freedom of assembly and expression in the university community, meaning that clubs have the right to be formed in a democratic manner and students have the right to represent themselves in whatever way they see fit, so long as it is legal; articulate and represent the student interest in the governance of the campus, meaning that the ASUC will be a representative student government that accurately represents the student community in order to ensure that no students voice goes unheard in the formation of laws and policies on campus, for the ASUC is committed to effective student participation in all areas of student concern. The first line, We, the students of the Berkeley campus of the University of California, is indicative of the holistic nature of the ASUC, in terms of student representation in the greater educational system. !!B. !I would explain to the student that the ASUC is UC Berkeleys officially recognized student government that controls funding for ASUC-sponsored organizations, supports students to solve issues on campus, and gets involved with administrators to create educational programs, increase student-organizational resources, and increase transparency. The ASUCs main job is to allocate student group funding through a yearly budgeting process that happens in the Spring. The Finance Officer evaluates each club's funding request, length of time as a sponsored organization, and history of funding so he or she can figure out how much money all the registered student organizations should get. The ASUC budgets $1 million or greater each year to organizations that are on campus. The key word here for the student is organizations. Even though her project is campus-affiliated because it is under the jurisdiction of the greater Berkeley educational community as a senior thesis project, her project is not affiliated with any organizations on campus, according to Title 3, Article III of the ASUCs Finance Bylaws. The ASUCs funding can only be applied to her case if a student organization funded her project through the funds it received from the ASUC. !!3. !A. I would explain to Tiffany that in my experience and observation, the legislative branch of the ASUC has the most power in terms of absolute and final authority. This is because Title IV of the ASUC Elections By-laws, Article VIII, outlines that Senate holds the Power of Initiative: Upon the presentation of the Senate of a petition signed by at least ten percent (10%) of the eligible voters, any questions may be submitted to a vote of the students of University of California at Berkeley, as set out in these By-Laws. Thus, the Senate has the power to bring matters into light and to posit reforms based upon questions. Article IX of the Elections By-laws explains that the Senate has the Power of Referenda: By a simple majority vote of the entire Senate, any

  • questions (except a Constitutional Amendment, which pursuant to the Constitution requires a two-thirds vote of the entire Senate) may be submitted to a vote of the students of University of California at Berkeley, as set out in these by-laws. Thus, a majority vote of the senate ushers in a referendum. This is illustrative of the Senates power in representing students and their interests. One may argue that the executive branch holds more power as it is thought to have final authority on several matters. However, Article I of the Constitution of the Associated Students of the University of California states that the President has the power of veto over legislative actions of the ASUC Senate. But, the Presidents power is diminished because such veto may be overridden by a two-thirds (2/3) vote of the entire Senate, during the semester in which the action takes place. Thus, the Senate has the final say on legislative actions, and that is the greatest power of all, since those words are followed by the future representatives within the ASUC. Also, another member of the executive branch, the External Affairs Vice Presidents job is to carry out any other duties as set forth in this Constitution and/or assigned by the Senate. To carry out any other duties as set forth in this Constitution and/or assigned by the Senate according to the ASUCs Constitution. This means that his or her job stems directly from the actions and legislation of the Senate. Article II of the Constitution states that All legislative and final administrative authority of the Association shall be vested in and exercised by the ASUC Senate, for the promotion of the welfare and interest of the students of the University of California at Berkeley, subject to the limitations enumerated in this Constitution. This further indicates, perhaps most explicitly, the Senates wide range of power and final authority on matters involving the student government of the University of California. !!B. I would reply to this students group that it is illegal to discriminate against students who are deaf and need sign language interpreters, and that would be doing so considering the fact that they have clearly been made aware of the issue. If the group explicitly knows that they need sign language interpreters, and understands that excluding sign language interpreters means that the deaf community cannot participate in the conference, that is voluntary discrimination. However, for the student group to procure enough funds in order to be able to afford sign language interpreters, they can be directed to the ASUC Contingency Fund for Activity Groups, which a fund for emergencies or unexpected outflows. If this situation is deemed as one that calls for emergency funding, then the group is eligible to receive $1500 or less, or up to 5% of the total amount budgeted so far for the Contingency Fund for that fiscal year per allocation, whichever is higher according to Title 3, Article III of the ASUCs Finance Bylaws.!!C. The President can put this initiative on the ballot by directing by Executive Order the taking of actions which are urgent and necessary to maintain the functioning of the A.S.U.C. until the Senate can again meet. The President can declare that littering is an environmental hazard to the campus of UC Berkeley, and because Cal is an environmentally-conscious community and a sizable number of students are affected by the cleanliness of their surroundings as well as the impact of Cal students on the environment. Also, the littering could be damaging to animal life and be a significant contributing factor to pollution on campus. Another way in which the President can put this initiative on the ballot is by presenting to the Senate a petition signed by at least ten percent (10%) of the student body, or by a majority vote of the entire Senate, any questions may be submitted to a vote of the students of University of California at Berkeley. [Section 7, Article I, ASUC Constitution]. However, because Title 3, Article III of the Finance By-laws state that Activity Group Restrictions include not being able to pay salaries, stipends, or work study positions, the students cannot really legally be paid to pick up the flyers, and that $10 mandatory fee would be the funding for that pay, and thus, not legal by ASUC standards and unconstitutional. To stop the President, the Senate can wait for the

  • Presidents Executive order to expire, which it will at the third regular Senate meeting following issuance of the order, or upon termination by the Senate by a majority of those voting, a quorum being present to do business, as stated in Article II of the ASUCs Constitution. Or, the Senate can issue a recall of the President himself, as Article II also states that Any executive officer of the ASUC may be subject to recall by presentation to the Senate of a petition signed by at least twenty-five percent (25%) of the total number of votes in the regular ASUC election of the previous academic year students and containing a statement of specific reasons for the proposed removal If two-thirds (2/3) of the votes cast at the recall election approve, the officer shall be removed from office. By removing the President from office, his initiative will be removed with the dissolution of his power. !!4. A. Eshleman Hall was dedicated as a building for student offices and organization in the

    mid-1960s. It is called Eshleman because John Morton Eshlemen, an early ASUC President, was an important figure in the California Progressive movement, and he was responsible for promoting political, social, and economic reforms as a response to the business-dominated and corrupt politics of the late 19th and early 20th centuries. He reduced monopoly powers of big, corrupt railroad companies including the Southern Pacific Railroad (which had a monopoly over the Californian economy), then went on to serve as Lieutenant Governor. His sudden death was mourned greatly, and the ASUC and the State legislature decided to honor his memory by funding Eshleman Hall (now called Moses Hall). The original intention of Eshleman Hall was to serve as a hub for student activity and be the location of student offices on campus. It housed the student government and various clubs, including the ASUC. Major events involving Eshleman Hall occurred in the early 1970s, when it was beset by theft, vandalism and frequent fires over its 47-year life. Two fires in 1975 were attributed to arson and they were responsible for damaging the ASUC Senate chambers and a few bathrooms at a total cost of about $40,000 of structural damage and close to $1 million for total damages and loss (including the student stores goods). The reason Eshleman Hall is being rebuilt is because it is seismically poor, meaning that it is unsafe during earthquakes and puts students lives at risk, and it is meant to be a rejuvenated hub for student culture on campus. !

    B. Transparency, in regard to government, means openness and awareness of issues that occur during meetings and policies that are suggested and passed. One example of transparency in funding regarding the ASUC is 3.4 of Title 14 of the ASUC Finance By-laws: true transparency in funding allocations means providing copies of the most recent ASUC budget and notifications of expenders or allocations on a regular basis, rather than solely after spring budgeting, when Executive Officers have already been in office for ten months. Therefore be it resolved, that Section 3.4 be added to Title 14 of the ASUC By-laws reading as follows: A full budget of all allocations from the ASUC Academic Opportunity Fund shall be released each spring at the end of spring budgeting along, with the release of the ASUC budget. This increases transparency by making the ASUC budget available to the public. Another ASUC bill expresses support for transparency in UC president selection process in 2014: the bill SB49 authored by Student Action Senator Pavan Upadhyayula and his legislative director, Kris Nalla, it showed support for a UC Student Association resolution that proposes improving the transparency of the UC president selection process and expanding the role of a student committee that advises the regents during the process. Another way in which the ASUC tried to promote transparency was by suggesting, taking responsibility for the planning of, providing funds for, and initiating the development of the Lower Sproul Redevelopment project, which promotes transparency to students by providing a single

  • meeting ground for student government meetings so that accessibility of ASUC events can be increased. Not only that, with multiple organizations under the same roof, communication between the student organizations and the ASUC will increase, which will lead to better allocation of the budget as assessed by need and worthiness of the club. Another way in which the ASUC promotes transparency is by simply having a website in which they outline their meetings minutes and detail bills. It is accessible to the public, and therefore, people who cannot attend meetings can still be aware of what is going on in regard to student government on campus, which is representative of their voices, too. !!

    5. !In the 1970s, the ASUC's bank account balance was near zero, since cash was spent on increasing its inventory. A fire occurred parts of Student Union, and resulted in the closure of ASUC store. The damage was at about $1 million. The ASUC directors then told the Senate that the the ASUC has insurance that covered every aspect of the loss, except a little bit. Thus, there was nothing to worry about. However, it was discovered that smoke damage and exposed asbestos would prevent building from opening for a month. Then, employees were laid off. No money was coming in, which halted the ASUC's activity groups. The Bank of California increased ASUC's line of credit from 400,000 to 800,000 so the ASUC could have use of the money if they needed it. Using credit was dangerous and detrimental to the NGO. The ASUC was then in danger of going bankrupt, with a zero balance in its bank account, debts of $900,000 to various vendors for inventory, and a monthly payroll of 300,000 which needed to be maintained. Then, the Atlas Insurance Company threatened to bail out on its business interruption claim's full return for the ASUC, if they didnt resume commercial activity, and that could not happen. The reason the ASUCs bank account was near zero and they were so in debt was because the senate was bamboozled and they kept purchasing things out of their budget, and the directors kept signing off without really caring about what it was being purchased, or how over-the-budget it was going. Thus, more and more money was being drained. Today, receipts have to be shown and every purchase made by ASUC senators has to be run by the rest of the senate, proven to the directors they report to with evidence of a receipt, and they are required to strictly adhere to their respective allocated budgets as outlined explicitly in the ASUC Finance Bylaws. New hierarchies of directors within the ASUC were appointed in order to ensure no corruption in spending, and all are held to the standards of the Constitution and the Bylaws. !!6. !A. The single transferable vote is a voting system that is created in order to formulate a

    proportional representation through ranked voting in multi-seat governments, including that of the ASUCs. Proportional representation is the allocation of seats as pertaining to the proportion of the total number of votes cast for each person, so that no vote is wasted. One vote per person but if your first candidate has no chance of winning or has enough votes already, your vote is transferred to your second candidate. A candidate does not need the majority vote to win, but rather, only the share of the votes determined by the size of the electorate. In other words, they need to meet the quote, which is the minimum number of votes a candidate must get to be elected. Any votes a candidate receives above the quota are transferred to the voters next eligible preference. However, if the preferential candidate was already eliminated or met the quota, then the value of the vote will be transferred to the voters next eligible preference, and so on. Three advantages it has include that it expresses a good record of delivering proportional outcomes in regard to representing the student population on campus and guarantees that votes are equal in value; that only candidates

  • that procure enough votes to meet a substantial quota (as determined by the equation (N/(S+1))+1 where N is the number of valid first preference votes and S is the total number of seats needed to be filled in the election) which is greatly representative of the popular vote can be an official; and thirdly, voters have the option of choosing between a large range of candidates, even candidates from the same party or completely different parties.!!

    B.!!Graph: !!Ducky - 67% =========================== max threshold passed, so 34% votes go to Doggy!Doggy - 25% =========(==============) (becomes 59% due to addition of Duckys extra votes); max threshold passed.!Mouse - 4% ==(===========) (becomes 33% with annexation of Doggys extra votes and Pebbles second choice, so reaches max threshold)!Pebbles - 3% = > disqualified!Cat - .1% - > disqualified!!Total votes / number of representatives (which is 3) = 33% of votes are needed to win. !Ducky has the spot in office, because he reached the 33%. STV let them rank the candidates, so without Ducky in the race, Doggy wouldve won. Without Doggy, it wouldve been Mouse. This is because the votes were calculated on a first come first serve basis. !Thus, the top three winners would be Ducky, Doggy, and Mouse. !!C.!The Voting Results:!Ducky - 33%!Doggy - 5%!Mouse - 13%!Pebbles - 21%!Cat - 28%!!Ducky has that so already won. no one else has it, so time for STV - Doggy has no chance at all, so we can get rid of him. Doggys votes wouldve gone to Cat because the voters put Cat second, were Doggy not in the picture. This pushes Cat up to 33% and shes the next winner. The next person to be cut out is Mouse because has has a lesser percentage. The voters of Mouse chose Pebbles as their second option, so Pebbles gets Mouses votes, and Pebbles now reached 33% - quota. Thus, Ducky, Cat, and Pebbles win. Mouse and Doggy are disqualified. !Graph !Ducky - 33% raw ========

  • Doggy - 5% raw = 401!doggy - 300!mouse - 50 (+40, +300) - 390!pebbles - 40!Referring back to Part B, Mouse can make it to the Senate if and only if everyone who voted for pebbles voted Cat second and Mouse third, then Pebbles votes would go to Mouse because Cat already reached the max threshold. If everyone who voted for Doggy voted Cat second and Mouse third, then Mouse would receive Doggys votes and although max threshold wouldnt be reached, Doggy would be the only eligible third option for Senate, and three candidates are needed.