SENATE RESOLUTION 123

A RESOLUTION TO BE ENTITLED

An act to Impeach Student Body President William J. Piavis on Multiple Charges Related to his Performance in Office

WHEREAS,   William J. Piavis, a student of North Carolina State University, was elected to serve as Student Body President for the 2005-2006 academic year term; and,

WHEREAS,   Mr. Piavis has consistently failed to provide able and proper leadership and service in the office of Student Body President, to the great detriment of the student body and its Student Body Government; now, therefore be it

RESOLVED,  that the North Carolina State University Student Senate hereby impeaches Student Body President William J. Piavis on the charges of:

(a)    Neglect of Duty, as defined and authorized by section 25 of Chapter 2, Article 2, of the Student Body Statutes; given the specifications:

1.      Mr. Piavis failed to “enforce and administer all acts passed by the Student Senate” as required by Article I Section Three of the Student Body Constitution by failing to thoroughly and completely advocate for the minimization of student fee increases to the Board of Trustees.

2.      Mr. Piavis failed to “serve as … a voting member of the UNC Association of Student Governments” as required by Article I Section Three of the Student Body Constitution by failing to attend numerous meeting of the UNCASG and the UNCASG Council of Presidents.

3.      Mr. Piavis failed as UNCASG Delegation Head to transmit appropriate information to have the Student Senate President made a delegate to the association, as required by SBS §1-2.3.

4.      Mr. Piavis failed to make numerous non-optional appointments by their statutory deadline, in particular the Director Community Service, six Associate Directors of Community Service or Government Relation, and eight Elections Commissioners.

5.      Mr. Piavis failed to disclose all appointments he had made, as required by SBS §3-1.4, including the appointment of Mr. Ken Mather as Counselor to the President.

6.      Mr. Piavis failed to take reasonable action by way of appointments to ensure the Board of Elections was well prepared for the fall election as well as later elections.

7.      Mr. Piavis failed to convene the Presidential Cabinet on a monthly basis, as required by SBS §3-1.13.

8.      Mr. Piavis failed to provide adequate supervision to the Departments, Divisons, and Commissions of the Executive Branch as required by SBS §3-1.15(d), thereby allowing those units to systematically fail to accomplish innumerable critical responsibilities, ranging from executing the fall ReCreate State program to publishing information on the Executive Website.

9.      Mr. Piavis failed to be present and report at multiple meetings of the Student Senate, as required under the Student Body Constitution and Senate Rule.

10.  Mr. Piavis failed to properly consult the Student Body Treasurer prior to committing funds in excess of the budgeted line for the Red Terror Transit busing program.

11.  Mr. Piavis failed to actively pursue existing partnership relationships involved in the Red Terror Transit for the fall 2005, forcing the Student Government to commit student fee monies that could have been spent elsewhere.

12.  Mr. Piavis failed to cause the planning and execution of a useful Executive Branch retreat as specified by the Student Government Budget.

13.  Mr. Piavis failed to provide leadership as chief executive officer during the peak of the judicial separation crisis, thereby allowing the crisis to last longer and be more damaging.

(b)   Breach of Ethical Duty, as defined and authorized by section 27 of Chapter 2, Article 2, of the Student Body Statutes; given the specifications:

1.      Mr. Piavis failed to represent Student Government and NC State University in a beneficial and respectful manner by intentionally overstating his involvement in projects such “Chained by Tuition” in order to advance his public image at the expense of his collegues.

2.      Mr. Piavis failed to represent Student Government and NC State University in a beneficial and respectful manner by submitting for publication a letter that did not adequately reflect the blame he, his units, and his officials deserved for the failure of a project, thereby attempting to harm the reputation of one portion of Student Government to cover for his own failures.

3.      Mr. Piavis failed to continually enhance and encourage collegiality among all Student Government Officials by engaging in a character attack on the Student Body Treasurer in memorandum to the Student Senate, without previously addressing his concerns to the Treasurer individually.

4.      Mr. Piavis failed to actively avoid conflicts of interest by accepting valuable gifts from the university or its agents prior to situations and potential situations of student-university disagreement and furthermore not disclosing such receipt.

5.      Mr. Piavis failed to actively avoid conflicts of interest by assigning responsibilities charged to the Executive Assistant to the President, a student official, to the Administrative Assistant, a professional staff position.

6.      Mr. Piavis failed to represent Student Government and NC State University in a beneficial and respectful manner by repeatedly and publicly pledging a “Mission Marti Gras” program prior to repeatedly canceling and rescheduling the event, which to date has not been completed.

7.      Mr. Piavis failed to be informed of and attempt to remedy campus problems and controversies, including taking little or no action on the football ticketing system, the Alexander Facebook controversy, and the tailgating task force recommendations.

(c)    Abuse of Power, as defined and authorized by section 24 of Chapter 2, Article 2, of the Student Body Statutes; given the specifications:

1.      Mr. Piavis subverted the Student Government Budget by instructing or authorizing without legitimate authority the payment of a $400 stipend to Mr. Jason Mo, the Director of Executive Management, which was authorized only to be paid to an Executive Assistant to the President.

We, the undersigned, hereby introduce this resolution into the North Carolina State University Student Senate, this 27^th day of February 2006.

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Erich M. Fabricius

Student Senator, Graduate School

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Andrew Barnes

Student Senator, College of Engineering

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Brian Godfrey

Student Senator, Graduate School

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Bo Heath

Student Senator, College of Humanities & Social Sciences

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Tracy Hutcherson

Student Senator, College of Agriculture and Life Sciences