1 Corinna Cohn

cohnc@unr.nevada.edu
2

5 IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS

7 CORINNA COHN (for herself and members ) Case No.: AN-001

)
8 of the Association collectively), ) COMPLAINT FOR DECLARATORY AND
) INJUNCTIVE RELIEF AND VOIDED
9 Petitioner, ) ACTION
)
10 vs. ) VIOLATIONS OF SECTION 6(a)(2) of
) ASUN PUBLIC LAW 75–51 and NRS
11 GRACIE GEREMIA (in her official capacity ) 241.020(2)(a); and NRS 241.020(2)(c)(1)
)
12 as Speaker of the Senate of the Associated ) (April 22, 2009 Senate Meeting: inadequate
) posting of notice, clear and complete agenda
13 Students), SENATE OF THE ASSOCIATED ) requirement)
)
14 STUDENTS, )
)
15 Respondents )
)
16

17 Petitioner complains and alleges as follows:

18 JURISDICTION AND VENUE

19 Jurisdiction in the Judicial Council of the Associated Students is proper under Article

20 IV, section 4 of the Constitution of the Associated Students. The Judicial Council is the sole

21 judicial body of the Associated Students.

22 GENERAL ALLEGATIONS

23 The Parties

24 At all times relevant to this complaint:

25 1. Petitioner is a member of the Associated Students of the University of

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Nevada, within the meaning of Art. I, sec. 1(a) of the Constitution of the Associated

2 Students.

3 2. Gracie Geremia is the duly elected Speaker of the Senate of the Associated

4 Students. She is the presiding officer of the Senate and its elected leader.

5 3. The Senate of the Associated Students is the legislative branch of the

6 Associated Students, established under Article II of the ASUN Constitution. The Senate is

7 sued in its collective capacity because it has an obligation to ensure it is adhering to proper

8 process in conducting its business.

9 Background Information

10 4. The public bodies of the Associated Students are subject to the provisions of

11 the Open Meeting Law (Chapter 241 of the Nevada Revised Statutes (NRS)). NRS 241.038

12 states “The Board of Regents of the University of Nevada shall establish for the student

13 governments within the Nevada System of Higher Education requirements equivalent to

14 those of this chapter and shall provide for their enforcement.” In carrying out its statutory

15 obligation, the Board of Regents adopted regulations governing the meetings of student

16 governments, carried at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3.

17 Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to

18 NRS 241.038 and applies to each student government recognized by the Board of Regents,

19 that “[t]he meetings of any multi-member…legislative body…of a student government shall

20 be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 241 of

21 the Nevada Revised Statutes, as amended.”

22 5. The Board of Regents’ recognition of the Associated Students, as established

23 under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter

24 16 of Title 5, Board of Regents Handbook. It is without dispute that ASUN is recognized by

25 the Regents.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 6. The Senate of the Associated Students is a multi-member legislative body of

2 the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative

3 branch of the Association. “The legislative power of the Association shall be vested in a

4 Senate of the Associated Students” (Art. II, sec. 1). Further, the Senate is composed of 22

5 members (ASUN Const. Art. II, sec. 1(a)). Therefore, the Senate meets the definition of

6 being a multi-member legislative body of a student government.

7 7. For the purposes of this complaint, the provisions of the Nevada Open

8 Meeting Law (OML) are made directly actionable under the judicial power of the Associated

9 Students by virtue of section 6(a)(2) of the ASUN Public Records, Transparency, and

10 Accountability Act of 2008 (ASUN Public Law 75 – 51; 75 ASUN Stat. 131), which

11 provides “(a) The presiding officer of a public body under the jurisdiction of the Associated

12 Students… (2) shall publish and post agendas in accordance with the Nevada Open Meeting

13 Law.”

14 8. NRS 241.020(2)(a) requires that notice be given of “[t]he time, place and

15 location of the meeting.”

16 Facts of the Case

17 9. The Senate conducted a meeting on April 22, 2009. The notice for the

18 meeting, as posted on the website of the Associated Students, states the date of the meeting

19 as “Wednesday, April 22, 2008.” (See attached exhibit.)

20 10. The Senate was scheduled to approve minutes from “April 16, 2008.”

21 First Cause of Action

22 Declaratory Relief

23 Violation of Section 6(a)(2) of ASUN Public Law 75 – 51, NRS 241.020(2)(a)

24 11. Petitioner repeats and realleges each and every allegation contained within

25 paragraphs 1 through 10 as though fully incorporated herein.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 12. NRS 241.020(2)(a) requires that notice be given of “[t]he time, place and

2 location of the meeting.”

3 13. The notice for the April 22, 2009, meeting contains two deficiencies as to fact.

4 First, the meeting was held in the year 2009, not the year 2008. Second, the agenda

5 incorrectly states that the Senate would approve minutes from its April 16, 2008, meeting. In

6 fact, the minutes approved were from April 15, 2009.

7 14. A person reading the agenda notice in 2009 might have assumed that the

8 meeting occurred in 2008, and thus was no longer of any relevance. Given that the agenda

9 included a second date from 2008 would have lent credence to that conclusion.

10 15. For the foregoing reasons, Petitioner alleges that the Respondents have

11 violated the provisions of NRS 241.020(2)(a).

12 Second Cause of Action

13 Declaratory Relief

14 Violation of Section 6(a)(2) of ASUN Public Law 75 – 51, NRS 241.020(2)(c)(1)

15 16. Petitioner repeats and realleges each and every allegation contained within

16 paragraphs 1 through 15 as though fully incorporated herein.

17 17. Because agenda Item 4 states that the Senate would consider adoption of

18 minutes from April 16, 2008, the Senate is in violation of the agenda requirements of the

19 OML under NRS 241.020(2)(c)(1) because the agenda contained a factual inaccuracy.

20 Third Cause of Action

21 Injunctive Relief

22 Arising out of First Cause of Action

23 18. Petitioner repeats and realleges each and every allegation contained within

24 paragraphs 1 through 17 as though fully incorporated herein.

25 19. The Council should enjoin the Senate from posting agendas in violation of the

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Open Meeting Law.

2 Fourth Cause of Action

3 Declaratory Relief

4 Declaring Null and Void Certain Acts

5 20. Petitioner repeats and realleges each and every allegation contained within

6 paragraphs 1 through 19 as though fully incorporated herein.

7 21. Assuming the Council grants the relief granted in the First Cause of Action,

8 the Council should also declare void the acts had and decisions made during the meeting

9 declared to have been held in violation of the Open Meeting Law. NRS 241.036 states “[t]he

10 action of any public body taken in violation of any provision of this chapter is void.”

11 Accordingly, if the Council finds that violations occurred, it has no choice but to declare

12 them void. Although Petitioner is aware that NRS 241.037(3) contains a statute of limitations

13 on when a person can bring a complaint seeking declaratory and injunctive relief to seek

14 compliance with the OML or to have actions declared void, NRS 241.038 states that the

15 Board of Regents is to establish the regulations governing student governments and is to

16 “provide for their enforcement.” The parallel provision at the Regents level to NRS 241.036

17 is at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3(5)(a): “Violations of

18 this section shall be treated as follows: a. Any action taken in violation of the provisions of

19 this section is void.” Because ASUN has enacted its own legislation stating that its officials,

20 in the ASUN context, are to comply with the law, the provisions of the OML as applied on

21 ASUN by the Regents is enforceable in this Council under the constitutional judicial power

22 of the Associated Students.

23 22. Further, the Regents did not institute a statute of limitations on enforcement

24 complaints, nor did ASUN. Accordingly, the question of voiding actions of the Senate is

25 properly before the Council

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 WHEREFORE, Petitioner prays for judgment against Respondents as follows:

2 1. For a declaration that Respondents’ actions constitute a violation of the laws

3 and regulations cited herein.

4 2. For an order enjoining Respondents from engaging in further violations of the

5 laws and regulations cited herein

6 3. For a declaration that actions taken in violation of the laws and regulations

7 cited herein are void.

8 4. For such other relief as the Council deems just and proper.

9 Dated this _____ day of __________________, 2009.

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____________________________
11 Corinna Cohn
cohnc@unr.nevada.edu
12 Petitioner

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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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