Over the last two months, the TAMIU Student Body Senate has been wrestling with the issue of executive sessions.
According to the Texas Open Meetings Act, executive sessions are meetings in which public officials discuss and deliberate on official business outside of public view.
The senate attempted calling such a session during the meeting of Jan. 21 but was told by its new administrative sponsor, Gerardo Alva, that they could not.
Alva briefly mentioned that the senate can only call closed sessions under special circumstances if such a session is already on the meeting’s agenda. Some discussion followed over whether the senate would call a closed session or a recess.
The Texas Open Meetings Act considers the terms “executive session” and “closed session” to be synonymous.
At the time, Alva maintained that business should not be discussed at all during a recess.
Also of concern was the senate’s past use of the executive session privilege. The group was known for frequently interrupting their open senate meetings last semester and going into closed session.
This lends to the perception that they’re trying to hide something, according to at least one frequent guest of SG meetings.
“As public officials, they should want accountability and transparency,” said Andrew Carranco, a student with the TAMIU Early College High School. “Moving behind closed doors to talk about every little thing doesn’t look right.”
Senator for the College of Education (COED) Maritza Morris stated during the meeting of Feb. 11 that the senate should be able to call an executive session whenever it feels the need.
She said senators unsure about how to vote on an issue may want to ask questions they don’t want the university public to hear.
Asked by Associate Director of Student Activities Miguel Treviño why the senate doesn’t just discuss the issues out in the open, Morris was blunt.
“We don’t want to look like idiots,” she said.
David VerMilyea, director of International Student Services and a former sponsor of TAMIU’s Student Government, doesn’t buy that argument.
“Being a public figure is exposure. You’re stance on the issues are exposed, and so is your knowledge or lack of knowledge on the issues,” he said.
VerMilyea also believes that Student Government needs to make sure it does not violate the Texas Open Meetings Act.
“SG usually worries more about Robert’s Rules of Order, and it may differ from the open meetings rules. But they don’t miss each other by much.”
Circumstances which allow for a closed session under the act include consultation between the governing body and an attorney, discussion of security matters and appointment of new officials.
During the Feb. 11 meeting, the senate sought to solidify its right to closed sessions by passing SB 013, also known as the Establishment of Executive Sessions Act.
Authored by COAS Senators Juan Sebastian Mendive and Alfredo Jimenez as well as Senator At-Large Manuel Marquez, the bill seeks to “establish executive sessions in further (sic) agendas of the Student Senate meetings and to define in goodwill the Senate’s confidentiality in such sessions.”
Some of the newer senators like Christopher Swan (Graduate) voted against it.
Morris, who voted in favor, says the bill itself was not needed as everyone, including Alva, concedes the senate’s inherent right to call these sessions under certain conditions. Rather, the bill was symbolic.
“This bill was just further demonstrating that we will assert that right,” Morris stated.
She also said some members of the senate felt the symbol necessary in light of what they perceived as overbearing restrictions by the Office of Student Activities, of which Gerardo Alva is director.
An internal memorandum from Alva to the student body senate states that the senate must submit all of its meeting agendas to the Office of Student Activities Director and to the Student Government Vice President. It further states that “No agenda items will be discussed unless otherwise submitted to both individuals.”
While no administrator has ever required the Student Government to submit agendas for approval, VerMilyea says it is not itself a negative request.
“There’s nothing wrong with it as long as it’s done in an advisory capacity rather than an attempt to censor,” he said.
An advisory capacity, according to Alva, is exactly what he intended.
In an e-mail statement, Alva said his directives to Student Government are part of a larger reform of student organizations initiated by the Office of Student Activities.
“These changes are part of some re-workings all student organizations on campus will see in the near future,” the e-mail stated.
Alva cited the economic downturn and its unsteadying effect on the state budget as one reason for the changes.
Sen. Morris, in light of the new developments, said she now supports Alva and his department in their efforts. She and other SG members met with Alva, and the meeting allayed the fears of at least some senators.
“I feel optimistic,” said Morris. “I believe (Alva) has the best intentions in mind for SG and the organizations on campus.”
The Office of Student Activities concerns involve actions taken by student-run organizations which may run counter to A&M System or State of Texas policies and restrictions.
For example, in August of 2008, Student Government established a $500 scholarship to help students pay for study abroad programs. They just recently found out state funds cannot be allocated for foreign travel.
Another concern involves student organization’s bank accounts. The office wants all student groups to keep their funds in TAMIU accounts. Some of them use off-campus banks.
She also said the senate will likely revisit the Executive Sessions Act in light of the improved understanding between them and the Office of Student Activities.