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Resolution In Opposition To Proposed Transfer Of Commercial Services from HSU

ESOLUTION No. 2007-08-08

AUTHORED BY:    Jesse M. Hughes, All University Representative

SIGNED BY:        Tara Holloway, Graduate Student Representative
                        Carrie Schaden, College of Natural Resources and Sciences Representative

REFERED TO:      AS COUNCIL
                        ACTION SCHEDULED: 5-2-08
                        ACTION TABLED TO: 5-7-08
                        APPROVED: 5-7-08
                       
Subject:              Resolution In Opposition To Proposed Transfer Of Commercial Services fromHSU’s Student Union, The University Center Board of Directors to Advancementand/or Reorganization Within The University Center Board of Directors (HSU A.S. Protection of Student Union Act of 2008).                                           

1.)                WHEREAS,  THE MISSION STATEMENT OF THE ASSOCIATED STUDENTS OF HUMBOLDT STATE UNIVERSITY READS, “The Associated Students of Humboldt State University, located in Arcata, CA is a recognized non-profit corporation and an auxiliary of Humboldt State University. The specific purpose of this corporation is to provide a means for responsible and effective participation in the governance of the campus; provide an official voice through which students’ opinions may be expressed; foster awareness of these opinions both on and off campus; assist in the protection of the rights and interests of the individual student and the student body; provide services and programs as deemed necessary by the corporation to meet the needs of the student and campus community; and to stimulate the educational, social, physical, and cultural well-being of the university community;” and,

2.)                WHEREAS,  THE PREFACE TO THE ASSOCIATED STUDENT BODY CODE READS, “We, the leaders of the Associated Student Body of Humboldt State University, shall uphold the responsibility that has been vested in us. 1. As Student Representatives We Shall: consider the opinions and needs of our immediate constituency, the Students, prior to our taking any action on their behalf. 2. As student Advocates We Shall: be vocal on issues that protect and increase student rights; create opportunities to increase the student perspective in the university decision making process; actively seek institutional changes that serve to enhance the student environment; and uphold and protect the integrity of the Student Body Association;” and,

3.)              WHEREAS,    IT IS IN THE MISSION OF THE ASSOCIATED STUDENTS to advocate for the student perspective to the ‘appropriate parties,’ which on this topic includes but is not limited to; the university administration, the University Center Board of Directors, the local community, and the State of California; and,


4.)                WHEREAS,  THE ASSOCIATED STUDENTS BELIEVES that the current proposal to the University Center Board hinders the Associated Students representatives ability to uphold the social and environmental responsibility declared in the mission and vision of HSU.

5.)                WHEREAS,    THE HISTORY OF HUMBOLDT STATE UNIVERSITY CENTER STATES, “Under the theory that a group of articulate and dedicated students and faculty leaders could successfully determine and state creatively the problems and solutions to a proposed COLLEGE UNION at Humboldt State, the college President created a committee to start the planning of such a Union in 1956. Associated Students, College Union Proposal, 1966;” and,

6.)                WHEREAS,    THE HISTORY OF HUMBOLDT STATE UNIVERSITY CENTER STATES, “In September 1965, a new College Union Foundation Planning Committee was established by Dr. Siemens for their recommendations in creating a College Union Board of Directors.  This Board of Directors would be charged with the responsibility of the operations of the College Union.  Consultation with state agencies indicated that it would be feasible to incorporate the cafeteria, the bookstore, and Nelson Hall in one College Union Building.  The ASB Legislative Council created a College Union Steering Committee for the purpose of ‘planning a campaign to establish a College Union on campus.’  A group in excess of fifty active members including many club presidents, was appointed as members of the various committees that were formed.”  “In 1970 the College Union incorporated and OWNERSHIP of the bookstore was transferred to the Union… on October 10, 1972 the board named the NEW STUDENT UNION, the University Center;” and

7.)                WHEREAS,    THE BYLAWS OF HUMBOLDT STATE UNIVERSITY CENTER BOARD OF DIRECTORS, Section 2. READS, “The purpose of the University Center is to provide the students of Humboldt State University with services, conveniences, and amenities requisite to the daily life of campus. These services, conveniences, and amenities will also be provided to the campus community consisting of faculty, administrators, staff and alumni, guests of the student body or campus community, as well as the general public, as long as such provisions will result in direct or indirect benefits to the students of Humboldt State University. Should conflicts arise between the aforementioned service groups, priority shall be given to students, campus, community members, and the general public in descending order;” and,

8.)                WHEREAS,    THE BYLAWS OF HUMBOLDT STATE UNIVERSITY CENTER BOARD OF DIRECTORS, Section 4. READS, “It shall further be the purpose of the Board that the net earnings will be used for the benefit of the students of Humboldt State University, and that no part of the net earnings will inure to the benefit of any private individual;” and,

9.)                WHEREAS,    CALIFORNIA STATE LAW, EDUCATION CODE READS, “Section 89905.5.  (a) No auxiliary organization operating a commercial service on the California State University, Chico, campus shall discontinue that commercial service without providing the campus with adequate notice of its intent to discontinue the service, and the opportunity to continue the service through another means. (b) No commercial service operated by an auxiliary organization on the California State University, Chico, campus or any aspect of the management of the commercial services shall be taken over by the Trustees of the California State University, the Chancellor of the California State University, the president of a campus of the California State University, or another auxiliary organization unless all of the following conditions are met: (1) The entity seeking to assume all or part of the management of the commercial service has demonstrated that the commercial service has substantial programmatic or financial difficulties. (2) The governing board of the auxiliary organization currently operating the commercial service has been provided adequate opportunity to respond to the concerns demonstrated pursuant to paragraph (1). (3) The governing board of the entity seeking to assume all or part of the management of the commercial service has approved the assumption of the new programmatic or financial responsibility. (4) The auxiliary organization currently operating the commercial service has been provided adequate compensation for any losses, including, but not limited to, property, inventory, services, or employees directly resulting from the assumption of all or part of the operation of the commercial service by the entity. (c) If an entity assumes responsibility for commercial services pursuant to subdivision (b), the entity shall be established as an official California State University auxiliary organization operating separate from, but related to, the university of service so as to protect the state from all possible liability associated with the operation of commercial services;” therefore, be it,

10.)            RESOLVED,    we the Associated Students of Humboldt State University do hereby request that President Rollin C. Richmond, any and all administrators of Humboldt State University & The Student Union—- University Center Board of Directors and desist any and all plans to transfer any commercial services out of, or reorganize from within, the University Center Board of Directors, a student majority board with a student chair, unless said transfer includes full and complete oversight by the current UC boards bylaws mentioned previously in this document.; be it further,

11.)            RESOLVED,    That we the Associated Students of Humboldt State University do hereby request the California State Legislature to fully incorporate Humboldt State University along with California State University Chico in Education Code, Section 89905.5; be it further,

12.)            RESOLVED,    That we the Associated Students of Humboldt State University as the official voice through which students opinions may be expressed, do hereby request that any Student Representative on the University Center Board, both elected & non-elected, whether Ex-officio, Student-at-large, and/or RHA Representative, neither support in discussion, nor in voted form, any proposed transfer or reorganization of any commercial service out of or within the Student Union, University Center Board of Directors, unless said transfer includes full and complete oversight by the current UC boards bylaws mentioned previously in this document. ; be it further,

13.)            RESOLVED,    That we the Associated Students of Humboldt State University as the official voice through which students opinions may be expressed, do hereby request that any and all members of the Student Union, University Center Board of Directors, either voting, or non-voting members neither support in discussion, nor in vote, any proposed transfer or reorganization of commercial services out of or within the Student Union, University Center Board of Directors, unless said transfer includes full and complete oversight by the current UC boards bylaws mentioned previously in this document.; be it further,

14.)            RESOLVED,    That this resolution be sent to, but not limited to: CSU Chancellor Reed, all members of the CSU Board of Trustees, Humboldt State University President Rollin C. Richmond, All members of the Student Union—-University Center Board of Directors, All members of the Humboldt State University Advancement Foundation Board, Governor Arnold Schwarzenegger, all members of the California State Legislature in both the Assembly & Senate, All Humboldt State University Students, All Humboldt State University Faculty, All Humboldt State University Staff, All members of the Humboldt State University Alumni Association, All Humboldt State University, All members of the Arcata City Council, Each individual member of California State University Chico Associated Students, All C.S.U. \    Associated Students, and all Humboldt State University, Local, and State Media Outlets; be it finally,

15.)            RESOLVED,    That we the Associated Students Of Humboldt State University do hereby request that any and all persons receiving this document, whenever possible an official response to the return information below so that we may more effectively and responsibly provide an official voice through which students’ opinions may be expressed.

* Original signatures on file in the Associated Students Office

___________________________                  
Tara Holloway                                        
Graduate Student Representative                      


___________________________
Carrie Schaden
College of Natural Resources and Sciences Representative


___________________________                  
Terra Rentz                                          
Associated Students President                

___________________________
Ryan Guy
Legislative Vice President