When Brandi Jacobs was appointed to serve as the Associated Students, Inc. Senator of Social Sciences on March 9, a dispute involving the applicant who had previously been recommended for the senate seat and ASI began.

Political Science major Elijah Carrillo had been recommended by the ASI Personnel Committee to fill the vacant senate seat that had been occupied by Patrick Simon, but Jacobs challenged that recommendation at the next ASI meeting. She was supported by former senator Simon, current senator at large for Undergraduate and Graduate Academics Affairs Lauren Smoot, and Dean Luz Gonzalez of the College of Social Sciences.

A vote to amend discussion on the appointment of Carrillo was passed by the senate, followed by a vote to approve Jacobs for the position. Amid a large number of abstentions, Jacobs was approved to the seat by a vote of 6-4.

ASI Executive Vice President Selena Farnesi explained to The Collegian what had transpired. “Although the personnel committee actually recommended Elijah, the chair of that committee [Steven Chabolla] ”” who doesn’t get a vote on the committee unless there is a tie ”” actually supported Brandi in the actual senate meeting. So that may be kind of insightful as to why the senate would overturn the personnel committee’s recommendation.”

Hoping to quash Jacobs’ appointment, Carrillo gathered approximately 250 signatures on a petition to remove her from the seat and begin the process anew. With petition in hand, he spoke during the public comment session at the next ASI meeting on March 23. Two days later, Carrillo wrote out an appeal letter to the Student Court (which reviews election violations and ensures that ASI bylaws are followed), claiming that he had not received “equal process of appointment to the ASI senate.”

In his appeal letter, Carrillo claimed that “[Jacobs] was recommended by the Dean of the Social Science [sic] Department (Luz Gonzalez) and Patrick Simmons [sic]; which clearly shows a conflict of interest of both parties.” Carrillo goes on to claim that “…there was not a majority reached in the Senate.”

Fresno State’s ASI Senate uses Roberts’ Rules of Order as its parliamentary guide, which clearly states that what is required is “a majority of the votes cast.” An abstention is a refusal to vote, and therefore is not counted in a situation such as the one that occurred March 9. According to the parliamentary guide, the only time that abstentions would be counted is in a situation where “a two-thirds vote of the members present” is necessary. Examples of such a situation would be the overriding of the ASI president’s veto or the removal of office of an executive officer.

Farnesi said that she originally thought they didn’t have a majority. “But our parliamentarian (Gary Nelson, the coordinator of student involvement) checked our bylaws in conjunction with parliamentary procedure, and we came to the determination that those abstentions … were just removing themselves from the vote. So, in respect, if you have 17 senators, and 16 of them abstain and one votes yes, it passes,” she said.

The Student Court met April 21 (the Thursday before spring break), and decided the vote by the senate would be upheld, and that Jacobs would continue as senator.
Carrillo has threatened to sue. He told The Collegian that ASI bylaws and procedures were not followed, and that the bylaws are not concurring with AB 1233, California’s Nonprofit Corporations and Unincorporated Associations law.

“The bylaws had not been violated,” Farnesi said. “Because when you abstain, you remove yourself from the total vote, and [Jacobs] still had a majority of votes.”