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NEWS
[ Thursday, Jan. 15, 2004 ]

Closed session spurs debate
A former student asked that the minutes of a USG meeting last semester be made open and public.

Collegian Staff Writer

Former Penn State student Sean Clark recently demanded in an e-mail message to Senate President Erin Ferris that the Undergraduate Student Government (USG) Senate release minutes taken during an executive session closed to the public and press at the body's Dec. 9 meeting.

In the message, which Ferris read during Tuesday night's meeting, Clark said the Senate violated its constitution by closing the meeting to discuss the formation of a committee to investigate the character of three senators who attended former Town Sen. Brian Battaglia's controversial Halloween party. The senators in question are East Halls Sen. Matt Ritsko, South Halls Sen. Andy Banducci and former Pollock/Nittany Sen. Vicky Cangelosi.

"It is my belief that this would be an open and shut case if it came before the USG Supreme Court," Clark, a former chairman of the Young Americans for Freedom (YAF) and a former Senate parliamentarian and president, wrote in his e-mail message.

However, Senate Vice President Galen Foulke said the Senate must go into executive session when discussing matters of disciplinary action, which they did to protect the three senators in question.

"You don't want things to get out that might not be true," Foulke said.

Meetings can be temporarily closed for issues involving paid personnel or legal matters, according to the USG constitution.

Foulke said anything pertaining to legal documents or the law is considered a legal matter.

"Did these people break the law of our body? That's a legal matter," Foulke said.

Foulke said everything in Clark's e-mail message is a matter of opinion.

"My opinion is an absolute unconditional no," Foulke said, referring to Clark's request to have the minutes released.

Last year, while Clark chaired the group, YAF filed a suit against the Senate for discussing the expulsion of former Town Sen. Maya McGeathey in a closed session. The Supreme Court rejected the claim because the senator's expulsion could be considered a "legal matter."

However, to prevent the closing of future meetings for similar reasons, the court redefined what constitutes a "legal matter."

Clark said yesterday that based on the new definition, it was unlawful for the Senate to close its meeting.

Chief Justice Taylor Rhodes could not immediately be reached for comment.

East Halls Sen. Irene McKenna encouraged her fellow senators not to be discouraged by Clark's "threat."

"If he wants to take us to court, let him do it," McKenna said. "We'll fight him there."

Some senators raised the question of whether Clark would be able to file a suit against them since he is no longer a student at the university.

Clark said he wrote Ferris an e-mail message on behalf of students currently attending the university.

"I wouldn't have the standing to file a suit," Clark said. "That doesn't mean someone else won't file a suit. [The e-mail message] was out of my own personal interests."

Town Sen. Michael Yohannan said the Senate had a responsibility to close the meeting to protect the reputation of the three senators.

However, he said he would feel comfortable releasing the minutes if all three senators had no objections.

"Let's avoid whatever people want to bring on us and let that happen," Yohannan said.

 

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Updated: Friday, January 16, 2004  12:45:37 PM  -4
Requested: Friday, August 29, 2008  2:21:39 PM  -4
Created: Wednesday, May 07, 2008  6:44:28 PM  -4