Spring Break
University advice places its students on wrong side of law
Sean Reed
Issue date: 4/27/09 Section: Opinion
Sometimes bad things happen to good people. For the members of the Student Fee Review Board last week, that bad thing was university legal counsel.
You may not have noticed, but something very important to students happened last Monday -- and I'm not talking about the 4/20 "celebration" on the Oval.
While other CSU students were up in smoke, the members of the SFRB clambered into the Lory Student Center to hold their final meeting of the year, in which they voted to approve the more than $1 million in student fees under the discretion of the Associated Students of CSU.
This year, however, there was one conspicuous absence: The Collegian. And it wasn't by choice.
On April 20, as part of the Collegian's regular news coverage, a reporter was sent down to cover the meeting. She arrived about 10 minutes early and upon arrival, was informed by ASCSU Vice President Quinn Girrens that the meeting would be closed.
The reason Girrens gave the reporter was that the SFRB would be discussing their position on the budgeted student fee for Transfort, a private entity, before a representative of ASCSU was to meet with members of the transportation service for final negotiations. This, however, was only a part of a meeting agenda that included a final vote on the entire budget.
According to Girrens, the SFRB, not wanting to compromise their position before they met with Transfort, went to university legal counsel before they closed the meeting to ensure that it was all legit.
Sadly, the advice they received was seriously lacking.
According to lawyers contacted by the Collegian, by holding this entire meeting in private, the SFRB was in violation of the Colorado Sunshine Law.
For the uninitiated, the Colorado Sunshine Law's major purpose is to ensure that meetings and business done in the public interest and by public entities are accessible to the public.
Under the law, so-called "state public entities," are required to hold open meetings, subject to a few exceptions.
You may not have noticed, but something very important to students happened last Monday -- and I'm not talking about the 4/20 "celebration" on the Oval.
While other CSU students were up in smoke, the members of the SFRB clambered into the Lory Student Center to hold their final meeting of the year, in which they voted to approve the more than $1 million in student fees under the discretion of the Associated Students of CSU.
This year, however, there was one conspicuous absence: The Collegian. And it wasn't by choice.
On April 20, as part of the Collegian's regular news coverage, a reporter was sent down to cover the meeting. She arrived about 10 minutes early and upon arrival, was informed by ASCSU Vice President Quinn Girrens that the meeting would be closed.
The reason Girrens gave the reporter was that the SFRB would be discussing their position on the budgeted student fee for Transfort, a private entity, before a representative of ASCSU was to meet with members of the transportation service for final negotiations. This, however, was only a part of a meeting agenda that included a final vote on the entire budget.
According to Girrens, the SFRB, not wanting to compromise their position before they met with Transfort, went to university legal counsel before they closed the meeting to ensure that it was all legit.
Sadly, the advice they received was seriously lacking.
According to lawyers contacted by the Collegian, by holding this entire meeting in private, the SFRB was in violation of the Colorado Sunshine Law.
For the uninitiated, the Colorado Sunshine Law's major purpose is to ensure that meetings and business done in the public interest and by public entities are accessible to the public.
Under the law, so-called "state public entities," are required to hold open meetings, subject to a few exceptions.
Viewing Comments 1 - 2 of 3
Jennifer
posted 4/28/09 @ 7:42 PM MST
In response to the opinion column above, the Office of General Counsel, including Deputy Counsel Amy Parsons, gave legal advice to the Student Fee Review Board based on current Colorado law. (Continued…)
Registered Independent
posted 4/29/09 @ 10:10 AM MST
Absolutely right, Jennifer. Legal opinions very often differ. That's why there are two sides to every case that comes before a court.
The fact that the Collegian received a different legal opinion, which they were told is "arguable", means literally nothing as to which opinion is correct. (Continued…)
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