SENATE RESOLUTION 61

 

A RESOLUTION TO BE ENTITLED

An act To CENSURE STUDENT BODY PRESIDENT ROBERT DUANE ÒBobbyÓ MILLS, JR. FOR ATTEMPTING TO DISENFRANCHISE THE STUDENT BODY OF

N.C. STATE UNIVERSITY

 

Short Title: Bobby Mills Censure                                                                                        (Public)

Sponsored by: Senators MCPHERSON (corresponding), ADONIS, HOWARD, POTEAT and WALDRUP

First Reading: November 14, 2007                                        Version Date: November 12, 2007

Referred to:              [will be referred to Government Operations per statute]                     .

 

Section 1.        Statutory Authority. This Senate resolution is adopted pursuant to the provisions of Article II, Sections 5(d) and 5(k) of the Student Body Constitution and Chapter 2, Rule 17(d) of the Student Body Statutes.

 

Section 2.        The North Carolina State University Student Senate hereby adopts the following Resolution:

 

WHEREAS,  Robert Duane ÒBobbyÓ Mills, Jr., a student of North Carolina State University, was elected by 51% of the Student Body in April 2007 to serve as Student Body President for the 2007-2008 academic year term; and,

 

WHEREAS,  upon accepting said office, Robert Duane ÒBobbyÓ Mills, Jr. voluntarily swore an oath to, among other provisions, Òfaithfully represent the interests of the Student BodyÓ and Òdutifully uphold and preserve the Student Body ConstitutionÓ and its by-laws, the Student Body Statutes; and,

 

WHEREAS,  said Statutes include among their provisions a Student Government Code of Ethics (SBS ¤1-5.2, ÒStudent Government Code of EthicsÓ), which indicates among the various responsibilities of Student Government officials the obligation to Ò(b) continually enhance and encourage collegiality among all Student Government officials;É (f) represent Student Government and NC State University in a beneficial and respectful manner; (g) ensure that administrative decisions are in the best interest of the Student Body; (h) actively avoid conflicts of interestÉ [and] (k) dutifully uphold and preserve the Student Body ConstitutionÓ; and,

 

WHEREAS,  said Statutes further include among their provisions a designation of duties to be conducted by the Student Body President (SBS ¤3-1.4, ÒStudent Body PresidentÓ), which indicates among the various responsibilities Òsuch duties assigned in the ConstitutionÉ [and] (a) Ensure the faithful execution of all acts of the Senate, of these Statutes, and of the constitution;É [and] (e) promote all opportunities for greater student self-governanceÓ; and,

 

WHEREAS,  the University of North Carolina Association of Student Governments (UNCASG) is an umbrella organization established by state law and composed of Student Government officials from each of the 17 constituent institutions of the consolidated University of North Carolina system; and,

 

WHEREAS,  each and every student in the consolidated University of North Carolina system pays a $1.00 per year student fee to the UNCASG to use as the Association designates; and,

 

WHEREAS,  the N.C. State University Student Government is a charter member of the UNCASG, and its students comprise the single largest funding source for the Association; and,

 

WHEREAS,  the supreme legislative and deliberative authority of the UNCASG, including the ability to initiate, research and implement proposals for academic policy changes at the statewide level, is vested in the AssociationÕs 68-member General Assembly comprised of four (4) delegates from each of the 17 constituent member institutions; and,

 

WHEREAS,  narrow and limited authority for executing the policies adopted by the UNCASGÕs General Assembly is vested in the AssociationÕs 17-member Council of Student Body Presidents, comprised of the Student Body President from each of the 17 constituent member institutions; and,

 

WHEREAS,  at the Council of Student Body Presidents meeting held on November 3rd, 2007 at N.C. State University, in open session, Robert Duane ÒBobbyÓ Mills, Jr. created, proposed and zealously advocated for an act to completely and totally dissolve the General Assembly of the Association; and,

 

WHEREAS,  this self-initiated proposal by Robert Duane ÒBobbyÓ Mills, Jr. was clearly in violation of Student Body Statutes ¤3-1.4(e) (ÒStudent Body PresidentÓ) as the UNCASG General Assembly is the only statewide student-run entity with any policy-proposing, policy-researching or policy-implementing authority and its dissolution would effectively disenfranchise the 31,802 N.C. State students who financially support the Association; and,

 

WHEREAS,  the actions of Robert Duane ÒBobbyÓ Mills, Jr. have served no discernible purpose to the betterment of the Student Body of N.C. State University, but in fact have been exclusively for Mr. MillsÕs own self-aggrandizement and self-advancement as he has publicly and repeatedly stated to a variety of Student Government Officials his intention to pursue re-election as Student Body President for the 2008-2009 session and to seek a leadership position within the Association following his presumptive re-election; and,

 

WHEREAS,  such feckless conduct by Robert Duane ÒBobbyÓ Mills, Jr. is but the latest in a long pattern of abuses and usurpations involving the Student Body President, the Association and this Senate, including:

á      willfully and maliciously disrupting a meeting of the Student Senate during the SenateÕs vote on Senate Resolution 32 (ÒASG President Support ActÓ) on September 5th, 2007, in violation of Student Body Statutes Chapter 2, Rule 7 (ÒGeneral DecorumÓ) and North Carolina General Statutes ¤143-318.17 (ÒDisruptions of Official MeetingsÓ);

 

á      arriving over three hours late for a meeting of the Council of Student Body Presidents at North Carolina Central University on September 7th, 2007, and clad in sweaty athletic attire for an official business meeting;

 

á      voting in favor of the Council going into closed session at said September 7th, 2007 meeting to discuss matters not authorized by the North Carolina Open Meetings law, in violation of Student Body Statutes ¤1-5.6 (ÒCommitment to Open MeetingsÓ) and North Carolina General Statutes ¤143-318.11 (ÒClosed SessionsÓ);

 

á      moving for and voting in favor of the ouster of the AssociationÕs President during said unlawful closed session, in willful, malicious and direct contradiction to Senate Resolution 32 (ÒASG President Support ActÓ) and in violation of Student Body Constitution Article I, Section 3(D) and Student Body Statutes ¤3-1.4 (ÒStudent Body PresidentÓ);

 

á      intentionally instructing his half of N.C. State UniversityÕs delegation to the Association, and attempting to instruct the Student Senate PresidentÕs half of the delegation, to leave early during Association meetings on September 8th, 2007 at the N.C. School of Science and Mathematics, in a willful, malicious and calculated effort to thwart the presence of a quorum in the meeting of the AssociationÕs General Assembly, in violation of Student Body Constitution Article I, Section 3(I);

 

á      willfully and maliciously preventing the Student Senate President from fulfilling the constitutional obligations of his office as Executive Vice President by instructing the General Administration of the University of North Carolina to bar the Student Senate PresidentÕs attendance in Mr. MillsÕs absence to a Council of Student Body Presidents meeting at the UNC General Administration Annex held on September 26th, 2007, in violation of Student Body Statutes ¤1-3.2 (ÒDelegation CompositionÓ) and Student Body Statutes ¤3-1.6(c) (ÒStudent Senate PresidentÓ);

 

á      refusing to attend the Council of Student Body Presidents meeting held on October 5th, 2007 at the University of North Carolina at Pembroke, resulting in the absence of a quorum, in violation of Student Body Constitution Article I, Section 3(I);

 

á      moving for and voting in favor of the Council going into closed session at its October 6th, 2007 meeting at the University of North Carolina at Pembroke to discuss matters not authorized by the North Carolina Open Meetings law, in violation of Student Body Statutes ¤1-5.6 (ÒCommitment to Open MeetingsÓ) and North Carolina General Statutes ¤143-318.11 (ÒClosed SessionsÓ);

 

á      failing to produce any report at all whatsoever of his activities or the activities of his delegate during said September and October meetings, in violation of Student Body Statutes ¤1-3.5 (ÒDelegation ReportÓ);

 

á      knowingly undertaking each of the above actions in the presence of several members of this Student Senate, other Student Government Officials, and student leaders from the various UNCASG constituent institutions; and,

 

WHEREAS,  the collective result of these actions by Robert Duane ÒBobbyÓ Mills, Jr. has been to functionally cripple the influence and perception of the N.C. State University delegation to the Association; and,

 

WHEREAS,  such a tarnished reputation among UNCASG constituent institutions has had the practical effect of impeding this GovernmentÕs ability to initiate, research, or advocate for any policy items at the UNC Board of Governors level or higher, and undermined Student Government projects such as the ÒAdvocacy in ActionÓ campaign to Washington, D.C.; and,

 

WHEREAS,  these professional indiscretions by Robert Duane ÒBobbyÓ Mills, Jr. relating to UNCASG are compounded by various actions relating exclusively to N.C. State University that have served to undermine the credibility and integrity of the organization, including:

á      willfully and maliciously making false statements to the SenateÕs Select Committee on Appointments on August 29th, 2007, in violation of Student Body Statutes ¤1-5.2 (ÒStudent Government Code of EthicsÓ), upon responding to a request for explanation as to why his several nominees to the Elections Commission were woefully unprepared for their respective positions;

 

á      failing to make several non-optional appointments by their deadline as specified in Student Body Statutes ¤3-2.8 (ÒAppointment ClassesÓ), including two (2) vacancies on the Elections Commission;

 

á      willfully and maliciously making false statements to the Student Senate on October 3rd, 2007, in claiming he had successfully secured Mr. Scott Lassiter as an additional voting student member on the Tuition Advisory Committee when in fact Mr. Lassiter was a non-voting member;

 

á      failing to present his voting appointees to the Student Senate for confirmation as required by Student Body Statutes ¤3-2.8 (ÒAppointment ClassesÓ);

 

á      endorsing a proposal to increase in-state undergraduate tuition, while also endorsing increases in out-of-state undergraduate tuition at a lesser rate;

 

á      personally initiating a proposal to establish a brand new $10.00 per student per year student fee to fund vacuous ÒsustainabilityÓ initiatives;

 

á      degrading the prestige of the Office of the Student Body President through his habitual unprofessional attire, including repeatedly attending official business meetings in athletic attire;

 

á      repeatedly spending or committing to spend Student Body funds without prior authorization or approval of the Student Body Treasurer or Senate Standing Committee on Finance, in violation of Student Body Statutes ¤5-1.2(a) (ÒAllocation of line-itemsÓ) and Student Body Statutes ¤5-4.7 (ÒLine-item Purpose DefinitionÓ);

 

á      habitually disparaging the personalities and integrity of fellow Student Body Officers and subordinate Student Government Officials to other members of the Student Government, including several members of this Senate;

 

á      refusing his assent to legislation designed to improve the accountability of the Student Government to the Student Body it represents, including refusing to sign Government Bill 33 (ÒStudent Government Ethics ActÓ), Government Bill 45 (ÒAccountable Planning ActÓ) and Government Bill 48 (ÒASG Accountability ActÓ);

 

á      becoming the first sitting Student Body President to actively pursue and campaign for the Leader of the Pack scholarship award while in office;

 

á      using the prestige and perquisites of the Office of Student Body President to pursue re-election; and,

 

WHEREAS,  the Student Senate has, in the spirit of collegiality and cooperation among the branches of this Government, repeatedly declined to prosecute any of these and other prior offenses in the hope that discussion and mediation would sufficiently resolve the underlying issues at hand rather than require pursuit of more confrontational measures; and,

 

WHEREAS,  these repeated efforts at civility have been met only by repeated abuses; and,

 

WHEREAS,  in light of the refusal of Robert Duane ÒBobbyÓ Mills, Jr. to voluntarily abate his reckless conduct, noting the inherent conflict of interest motivating such vituperative actions, and recognizing the deleterious effect those actions are inflicting upon N.C. State University and its Student Body, it is incumbent upon the Student Senate to finally take meaningful action; now, therefore, be it

 

RESOLVED, that the North Carolina State University Student Senate hereby censures Student Body President Robert Duane ÒBobbyÓ Mills, Jr., on the charges of (1) abuse of power and (2) breach of ethical duty, each as defined and authorized by Student Body Statutes ¤2-2.28 (ÒAbuse of PowerÓ) and ¤2-2.31 (ÒBreach of Ethical DutyÓ) respectively, for attempting to disenfranchise the Student Body of N.C. State University in seeking to abolish the studentsÕ representation to the Association of Student Governments on November 3rd, 2007; and be it further

 

RESOLVED, that the Student Senate officially disavows and repudiates Mr. MillsÕs conduct in this incident.

 

 

 

We, the undersigned, hereby introduce this resolution into the North Carolina State University Student Senate, this [12th] day of [November] , 2007.

 

 

 

 

                                                                        [physical copy signed]                     

                                                            Brandon L. McPherson

                                                            Student Senator, CHASS Seniors

 

 

 

                                                                        [physical copy signed]                     

                                                            Maritza T. Adonis

                                                            Student Senator, First-Year Undergraduates

 

 

 

                                                                        [physical copy signed]                     

                                                            Tony E. Howard, II

                                                            Student Senator, CHASS Juniors

 

 

 

                                                                        [physical copy signed]                     

                                                            Joshua E. Poteat

                                                            Student Senator, First-Year Undergraduates

 

 

 

                                                                        [physical copy signed]                     

                                                            Robert A. Waldrup

                                                            Student Senator, Physical and Mathematical Sciences