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.Ufa's
o decide on suit obolishisia ASUN Senate
By Theresa Forsman
The UNL Student Court is to meet Monday at 6:30
p.m. in the Nebraska Union to decide on a suit seeking to
abolish the ASUN Senate and all other UNL student
organizations.
Don Wesely, court justice, said the court could not get
together before Monday because the petition came in too
late and some justices could not meet before them.
Hie court also will rule on a petition filed by members
of the IEgh People's Coalition parties in the ASUN
election who charged that their names should not be re
moved from the ballot.
UNL students Britt Miller and Randall Murphy are
plaintiffs in the suit to abolish the ASUN Senate. They
allege that ASUN has not had a legal quorum since pec.
1 and that any action taken since then should be declared
null and void.
The suit claims that because ASUN appointed four
senators on Dec. 20 when a quorum was not present,
those senators are not eligible to serve.
Wesely said the court decided in December that a quo
run of ASUN senators would be 24-23 of the full
-rather than the previous quorum requirement of 23 of
all seats filled at the time.
The suit claims that thfe Senate has only 18 valid mem
bers of the 35 listed as ASUN senators. Ten senators have
been appointed without a quorum and seven have at least
three unexcused absences, it claims. According to the
ASUN constitution, senators with three unexcused ab
sences arc ineligible to serve.
Senators named in the suit as having been voted into
the Senate by fewer than a quorum are Rick Martin,
Clayton Earl, Lisa Danberg, Dave Roehr, Mike Herman,
Charles Lui, Cathy Koubek, Dave Eberhart, Sheila Jones
and Andrew Jefferson.
The senators named in the suit as having three or
more unexcused absences are Julie Brodbeck, Jay Hodges,
Julie Metzger, Roger Davis, Frd Kray, Marian Lucas and
Clarke Stevens.
If the senators named are ineligible to serve, the suit
claims, then ASUN with only 18 valid members, can no'
longer obtain a quorum, vote, take any action, approve
any legislative or executive action or approve any election
rules. v
The suit also claims that the appointment of Karen
Tcjka as election commissioner and Paul Byerly as faculty
adviser are not valid because they were appointed without
a quorum present.
Stop election
The suit asks that the ASUN elections scheduled for
March 16 be stopped because there are no valid election
rules and the senate cannot pass election rules due to lack
of a quorum.
The suit asks that any moneys spent ojrpporiated
ffi)Qff(8
friday, march 11, 1977 vol. 100 no. SO lincoln, nebraska
Senate
should allocate fees
by ASUN since Dec. 1 and all other ASUN funds in its
account be put in an escrow account with the UNL Stu
dent Activities Office to be redistributed to each student
(on an equal basis) if it is shown that ASUN can no longer
spend or appropriate funds due to the lack of a quorum.
The suit asks the court to recommend the removal of
ASUN as a student organization due to its inability to
take action or hold an election.
As ASUN is invalid under its own constitution, the suit
says, all student organizations also are invalid because
these organizations' constitutions are valid only through
the ASUN constitution (Article VII, Section 1 , L) antf
through the NU regents by-laws granting this power tc
ASUN.
The suit asks the court to enjoin the UNL Fees Allo
cation Board, the NU administration and the NU Board
of Regents from granting any student organization the use
of student fees because said student organizations are now
invalid.
Facts incorrect .
ASUN President Bill Mueller said that not all facts in
the suit are correct. He said that on Pec. 20 the executives
discussed whether it was legal to appoint senators without
a quorum.
"The chair ruled that it was legal as far as we knew.
We knew it was questionable, but decided that if it wasn't,
someone could take it to student court," Mueller said.
He also said if the plaintiffs were "that concerned" they
should have brought the suit earlier.
Mueller said that not all persons named as having
three unexcused absences have that many. Ik explained
that vice president Tony Williams, who records absences,
does not keep records of excuses and absences in the same
book.
If it is determined that ASUN acted illegally, "I can't
see penalizing other student groups for our mistakes,'
Mueller said.
candidate;
By Janet Fix
Reorganization of student government and ASUN con
trol of fee allocations were cited as major election issues
by the four ASUN presidential candidates at a debate
Thursday. .
The four candidates met to discuss issues and election
platforms at a fireside chat sponsored by the UNL Stu
dentAlumni Board and Builders.
Greg Johnson of the Students for University Need
(SUN) party, Kirk Hemphill of the High People's
Coalition (THC) party and independent Randy Mussel
man called for reorganization of ASUN for better repre
sentation of the student body.
Independent Eric Carstenson, currently an ASUN
senator, said that although the fast Senate has had
difficulties, the system has some "merit."
ASUN committees have had a problem with leader
ship in the past, but Carstenson said, committee strength
is inherent and only needs to be exercised.
"ASUN is a joke." Johnson said. "It is a self-serving,
inept body that does not serve the student body."
Represents no one
Musselman and Hemphill said the ASUN Senate repre
sents no one and the Senate's action in the past year has
shown no leadership.
"ASUN has been a clique of university elites looking
for good recommendations to get them into law school,"
Musselman said.
Election of ASUN senators by geographic rather than
academic areas was supported by Musselman and Hemp
hill. - "
If each living unit was represented in . art ASUN
election, they said, all students would have a voice in
student government.
Hemphill said the college advisory boards would suffice
the need for representation by academic colleges.
The four candidates called for a resolution that would
grant ASUN the power to allocate student fees. Currently
the Fees Allocation Board (FAB), whose members are
appointed, not elected, allocated student fees.
Student regent power
The idea of increased power for the student regent was
supported by the four candidates.
Johnson said the student regent has a lot of potential,
but it has not been used in the past. .
"The regent should not be a rubber-stamp for central
administration," he said.
Carsterw awi he disagrees with those that say the
student regent nas no power.
"We have a tremendous amount of influence on the
regents. But they view our regent as a student, and, there
fore, restraints are placed on him," Carstenson said.
The four candidates were asked what contact and
working relationships they have developed with UNL
administrative officials. '
Johnson said through his work on the ASUN Govern
ment Liaison Committee, he said, he has had contact
working with many administrators.
Musselman said, "To be honest I have avoided contact
with administrative officials until this year. Because it's a
waste of time." - .
Hemphill said he has no "ins or buddies within the
system." He added he has had some contact and some
opportunity to work with administrators. ,
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Photo by KtvinHigtay
About 33 UNL students Thursday listened to ASUN presidential candidates debate ebction izazs at the Alxmii
House.
Kelly introduces alcohol abuse bill
For a detailed look at next Wednesday's ASUN
election and what the candidates are efi"crin, see
the Daily Nebraskan ekciion qsecial section inside.
Grand Island Sen. Ralph KeUy has introduced a resolu
tion suggesting the Nebraska Legislature's Miscellaneous
Subjects Committee study "the problems of teenage
alcohol abuse."
The referral committee is holding LB 19 for further
action.
Kelly introduced the resolution following the death of
his proposed LB369, which, if passed, would have boosted
the legal drinking age from 19 to 21.
Admitting disappointment that the bill was killed,
Kelly said the Miscellaneous Subjects Committee showed
a lack of knowledge or understanding.
UNL students testifying during the public hearing
on LB369 requested stricter enforcement of liquor laws,
Kelly said, adding that his resolution asks for an examin
ation of current law enforcement.
He said 19-yearolds should be "socked for the adults
they claim to be."
Few 19-year-olds are charged with manslaughter if
involved in a car accident wtila-drunk; however, this is
the charge filed against 21-year-olds committing a similar
offense, Kelly said.
The resolution states that prosecutors are extremely
lenient and plea-bargaining is rampant in cases dealing
with minors who have violated liquor laws.
Kelly said he hopes a resolution study will pave the
way for legislation to boost the drinking age.
"Nothing convinces me it'is a benefit to have the
drinking age at 19 " he said.
News: Three students complained about UNL parking
at a meeting Thursday p. 2
EntCTtainment: Why is Albrecht Roser's puppet show
X-raied? See him and more" this weekend in the
Union - p. 12
Sports: Big 8 membership handicapping UNL student-athletes
discussed in Rebounds. . . . p. 14
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