Senator Erich M Fabricius submitted the following report regarding Government Bill 19, "AN ACT TO REFINE AND SUPPLEMENT STUDENT BODY STATUTES CONCERNING THE EXECUTIVE BRANCH AND RELATED ENTITIES", on Sunday, August 25th 2002, as sponsor to said act :

Purpose of Legislation:

The Supplemental Executive Branch Act is a follow up bill to the 2002 Omnibus Executive Branch Act. The bill expands and clarifies provisions in the original bill, while at the same time covering Executive areas that time constraints prevented adequate review of last year.

Major sections deal with defining common staffs, creating the Department of Community Service, creating the Department of the Treasury, and restructuring the administration of the Wolf Aides Program.

Background Information:

The Omnibus Executive Branch Act was adopted by general consent of the Senate on April 3rd 2002. This act replaced chapter 3 of the Student Body Statutes, thereby completely revising the structure and operation of the Executive Branch of Student Government. The act enabled simple use of the Constitutional unit of Student Body Commission, and created the Department of Government Relations and Division of Implementation. The several standing service projects of Student Government were formalized into the Executive Branch, as was the Wolfpack Student Initiative and the Division of Web Development.

General Layout:

The act is arranged as sectional enactments. The sections are in order by chapter and article amended. Sections 24, 33, and 34 replace or add entire articles, while the rest amend specific clauses.

In Seriatim Description:

Section numbers are based on the 18 August first reading version.

Section 1. Clarifies that the statutes can exclude positions from SG official status.

Section 2. The Wolf Aides Board of Advisors is replaced in Sect. 34 by a commission, removing the need for an explicit reference.

Section 3. The existing §1-2 is a complex section, including the dual-office holding prohibition, the basic qualifications, and the specific qualifications for a few offices. The proposed replacement includes the general qualifications, the dual office prohibition, and its exceptions as separate provisions. The qualifications for specific offices are moved to the point in the statutes that that office is defined. The new statute also allows the Senate to grant special cases exceptions to the Dual Office ban, primarily intended for concurrent service in two executive branch offices.

Section 4. This section clarifies that appointees are general sworn-in by the individual appointing them.

Section 5. Defines a common staff, of which the Executive Staff or the Treasurer’s staff is currently an example. The proposed statute allows any SBS defined official to retain a staff, as well as Senate Committees and Student Body Commissions. Also included are limitations regarding the official status of staffers and regarding eligibility to serve on staffs.

Section 6. In the process of creating this statute on open meetings, it became inconsistent with NC law. The revision reflects the fact public bodies may not punish members of public bodies in executive session.

Section 7. The definition of an agency is added, reflecting the fact that an agency, Wolf Aides, is used.

Section 8. The section on Staff Appointments is redundant and removed.

Section 9. Public Appointments statute clarified to reflect applicability to officers beyond the SBP. Also requires that the outgoing administration begin the solicitation process for the incoming administration, in order to encourage rapid appointment of the Cabinet.

Section 10. Grammar correction.

Section 11. Clarifies that all officials have discretion similar to the President regarding leaving positions unfilled.

Section 12. Changes the eligibility of Standing Commission Chairs for Cabinet membership to only include such Commissions not part of another cabinet unit (including the President). In the statutes as proposed, only the WSI Commission Chair would become a Cabinet member because of this clause.

Section 13. The Executive Counsel is intended as a senior advisor to the President, and is therefore included in the President’s senior advisory body.

Section 14. Statutory definitions of the SBP and SSP regarding the Executive duties. This section also includes the qualifications for office. (missing from the 18 August version)

Section 14A. (second section 14). Mandates that a Presidential Veto be supplemented by a veto message within one day, as the Senate cannot properly receive a veto if it remains unexplained indefinitely.

Section 15. Explains the importance of the non-elected executive branch being overseen by the elected legislative branch.

Section 16. Contains 3 provisions regarding commissions. The first allows the Senate to codify a commission created by the SBP without re-filling the membership. Second, the President is barred from dissolving Special Commissions without advance notice to the Senate, so that it might review such decision. Finally, the section explains how commissions report to the Cabinet.

Section 17. Adds the cabinet reporting residence to the list of elements of a commission charter.

Section 18. Defines the Executive staff as a common staff (Section 5).

Section 19. Creates another senior Executive Staffer, the Executive Counsel. This staffer will assist the president with appointments and formal documents, and advise him on matters of duties under all applicable laws.

Section 20. Adds “Director” to the list of titles not to be used on staff-level positions.

Section 21. Revises deadline for the appointment of the GR Director so that the Senate can confirm the appointment prior to the summer recess.

Section 22. Adds a duty to the Implementation Division to keep record of active Executive Orders.

Section 23. Revises deadline for the appointment of the Implementation Director so that the Senate can confirm the appointment prior to the summer recess.

Section 24. Major section replacing the Standing Service Projects.

A Department of Community Service is created, with broad duties oversee SG community service and assist outside organizations on their service. The Department is lead by a Director and several Associate Directors for each standing service project. The existing standing service project statutes are incorporated with applicable changes in title.

Section 25. Clarifies that the SG Webmaster can be left vacant.

Section 26. Excludes the Web Commission from Cabinet membership, as the Division has such already.

Section 27. Grammar correction.

Section 28. Makes the WSI Commission a member of the Cabinet.

Section 29. Removes appointment of the Comptroller from the General Finance Article to be moved to the Treasury article.

Section 30. Assigns document receiving duties to the more general department.

Section 31. Assigns external auditing duties to the Inspector General.

Section 32. Allows the Senate to force appointment of an Auditor.

Section 33. Major section replacing and codifying the Office of the Treasurer.

A Department of the Treasury is created, encapsulating the Treasurer and Comptroller, with the Treasurer is the head. The department is empowered with overseeing and advising regarding the use of the Student Body Funds.

Each of the three main offices, Treasurer, Comptroller, and Inspector General is defined and given duties and a method of selection. In the case of the Constitutional officers, their duties are practically interpreted.

This Article also includes provisions on the examination of external fee expenditures, including comprehensive investigation and targeted review. Internal review is retained with the Auditor.

Section 34. Major section revising the Wolf Aides Chapter.

The administration of the Wolf Aides Program is revised to provide a strong executive Director, along with a semi-included deliberative oversight commission. This commission would not be involved in the day-to-day operations, but instead the major decisions. Half the membership is Directors, and half is representatives of other parts of Student Government.

Notable Changes:

Common Staffs.
Gives support to the notion that non-student body officers can retain staffs. Permits Committees to retain such, which allows the possibility for non-Senators to become involved in the initiatives of the Committees. Creates a very particular dual office holding rules to permit conflicts of interest in serving on staffs that reporting to oneself indirectly,

Executive Counsel.
A senior advisor to the President on matters of a personnel and regulatory nature, matters that a SBP may not be familiar with. This allows additional accountability when the President fails to meet deadlines or fulfill duties. The Executive Counsel is charged with pre-starting the cabinet appointments process for the yet-to-be-elected President.

Department of Community Service
Provides central coordination of the various SG service projects, to make best use of volunteer resources. Allows members of the Standing Service Projects to have an avenue for greater involvement. Declares that Student Government should have a role as a central coordination point of campus service groups, and would make the Director a senior officer for the Student Body as far as community service is concerned.

Department of the Treasury
Presently, §3-1 permits the Treasurer a staff, including the Comptroller. In practice, this organization operates more as a department then a staff. The proposal defines general duties and provides for the senior officers and discretionary officers. The Inspector General is a new position, and is responsible for investigating fee use. The Inspector General is not designed a decision-maker, but rather an impartial officer who provides information to act upon to the public and the Senate.

Wolf Aides Administration
Presently, the Wolf Aides Program is governed by a Director with the assistance of a Board of Advisors. However, the Board does not work in practice, as the membership is the same as the more general Directorate. The proposal uses an oversight commission, compromised of Directors running the program and representatives from other parts of Student Government. This Commission would meet infrequently and provide general direction for the program. The Director of the Program is made a Cabinet-level official.

General Commentary:

The Executive Branch is a quick acting and practical organization. Its officials are highly specialized and flexible. It is therefore not surprising that it is a natural complement to the Student Senate, which by its very nature is slow and inflexible. I hold that the decision of the Senate to delegate power and responsibility to the executive is infinitely more wise than trying to tinker with nature of the Senate.

Initial indications support the assertion that the Omnibus Executive Branch established a structure very suited to the needs of effective executive student governance. However, that act was not without faults, some minor, some much more major, such as the disjoint nature of our community service efforts, the unclear position of the Treasurer’s associates, and the nonfunctional deliberative governance of the Wolf Aides Program. This act is not yet another way of changing Student Government, but a way to align everything to be consistent with the principles enforced by the Omnibus Executive Branch Act.

Points of Discussion:

The titles of the discretionary Treasury officers are currently 'Assistant Treasurers' to be consistent with the use of 'Assistant' in other departments. However this is not the title, 'Associate Treasure' in use at present.

Incorporating the Nightwalk Program into the Department of Community Service to allow the University Affairs Committee to focus efforts elsewhere, as with the 1999-2000 Session.

Time Issues:

This act was designed in consultation with the present heads of the various affected agencies and is intended for implementation this session. As such, it is preferable to enact it as soon as possible, so any new positions that would need to be filled can be while recruitment efforts are still ongoing, and so that changes to operating entities would not happen too far into their terms.