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75TH SESSION REPORT 2007–2008 75–40 } { ASUN SENATE IMPEACHING SARAH M. RAGSDALE, PRESIDENT OF THE AS- SOCIATED STUDENTS, FOR MALFEASANCE OR THE FAILURE TO DISCHARGE THE POWERS AND DUTIES OF OFFICE FEBRUARY 13, 2008.—Reported to the Senate and ordered printed Mr. ANDERSON, from the Committee on Conduct, submitted the following REPORT together with ADDITIONAL VIEWS [To accompany S. Res. 75–46] The Committee on Conduct submits this report on the investigation of the alleged misconduct of Sarah M. Ragsdale, President of the As- sociated Students, and reports to the Senate articles of impeachment. I. PROCEDURAL HISTORY, DISCUSSION OF PROCESS On February 13, 2008, the Committee on Conduct met, pursuant to notice, to consider matters related to, in part, the alleged misconduct of the President. The Committee conducted an preliminary hearing to a gather evidence and to determine whether sufficient cause exists to impeach the President. The Committee reviewed the evidence in the case, which is summarized in detail later in this report, and after considering the same, reported articles of impeachment to the full Senate for consideration. With respect to the process, the Senate has not conduct impeach- ment proceedings under the Constitution of the Associated Students as revised by the Association in March 2007. The closest precedent the Committee has reference is the impeachment proceedings of two Senators under the previous constitution conducted in 2006 during the 74th Session of the Senate. (See Senate Reports No. 74–11, 74– 12.) During those impeachments, the committee of the Senate charged with investigating and recommending impeachment con-

Senate Report 75-40: Ragsdale Impeachment

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Page 1: Senate Report 75-40: Ragsdale Impeachment

75TH SESSION REPORT 2007–2008 75–40 } { ASUN SENATE

IMPEACHING SARAH M. RAGSDALE, PRESIDENT OF THE AS-SOCIATED STUDENTS, FOR MALFEASANCE OR THE FAILURE

TO DISCHARGE THE POWERS AND DUTIES OF OFFICE

FEBRUARY 13, 2008.—Reported to the Senate and ordered printed

Mr. ANDERSON, from the Committee on Conduct, submitted the following

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany S. Res. 75–46]

The Committee on Conduct submits this report on the investigation of the alleged misconduct of Sarah M. Ragsdale, President of the As-sociated Students, and reports to the Senate articles of impeachment.

I. PROCEDURAL HISTORY, DISCUSSION OF PROCESS On February 13, 2008, the Committee on Conduct met, pursuant to

notice, to consider matters related to, in part, the alleged misconduct of the President. The Committee conducted an preliminary hearing to a gather evidence and to determine whether sufficient cause exists to impeach the President. The Committee reviewed the evidence in the case, which is summarized in detail later in this report, and after considering the same, reported articles of impeachment to the full Senate for consideration.

With respect to the process, the Senate has not conduct impeach-ment proceedings under the Constitution of the Associated Students as revised by the Association in March 2007. The closest precedent the Committee has reference is the impeachment proceedings of two Senators under the previous constitution conducted in 2006 during the 74th Session of the Senate. (See Senate Reports No. 74–11, 74–12.) During those impeachments, the committee of the Senate charged with investigating and recommending impeachment con-

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2 ducted evidentiary hearings to gather evidence to determine if there was sufficient cause to bring impeachment resolutions to the Senate.

The closest parallel to impeachment is the indictment in criminal law. Impeachment is not the act of removing a person from office; it is merely a legal statement of the charges against an officer. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment.

The fact that the Committee has reported articles of impeachment in this case is not a finding of guilt on the part of the President. It is not even a formal accusation of impeachable misconduct at this point. It is merely an indication that the Committee has found that suffi-cient evidence exists to warrant a reasonable person to conclude that an impeachable offense has occurred based on the facts contained in the evidence presented to the Committee.

II. EVIDENCE GATHERED BY THE COMMITTEE The Committee received into evidence the following documents:

• Agenda, notice served to the President, and proof of service (Exhibit A: 6 pages) • E-mail communications among Speaker Gregory Green, the Chair of the Commission on Association Elections, Nicole Nelson, and the President dated February 2–11, 2008 (Exhibit B: 7 pages) • Draft letter from Senators McDonald and Anderson dated October 23, 2007 (Exhibit C: 1 page) • Draft letter to the President dated October 24, 2007 (Exhibit D: 2 pages) • Letter to the President from Senators Anderson, Gilbert, McDo-nald, Rea, and the Speaker dated October 25, 2007 (Exhibit E: 1 page) • E-mail communications between Senator McDonald and the Presi-dent dated January 22, 2008 (Exhibit F: 2 pages) • Letter to the President from Senator McDonald dated February 1, 2008 (Exhibit G: 2 pages) • Jessica Fryman, “Senator said he wants to impeach ASUN Presi-dent,” The Nevada Sagebrush, February 12, 2008 (Exhibit H: 2 pages) • Jessica Fryman, “Senators call for presidential conduct hearing,” The Nevada Sagebrush, February 5, 2008 (Exhibit I: 4 pages) • “Bad start for student government elections,” staff editorial, The Nevada Sagebrush, February 5, 2008 (Exhibit J: 2 pages) • Senate Bill 75–17, enrolled bill signed by the President and slip law (Exhibit K: 10 pages) • Senate Bill 75–24, enrolled bill signed by the President and slip law (Exhibit L: 4 pages) • Senate Bill 75–27, slip law (Exhibit M: 22 pages)

The exhibits listed above are included together with this report as an appendix.

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3 III. APPLICABLE CONSTITUTIONAL AND SENATE RULES PROVISIONS The Constitution of the Associated Students provides two sections

regarding impeachment of executive officers, as follows. Article II

* * * * * * * SEC. 5. IMPEACHMENTS. (a) The Senate shall have the power of impeachment. (b) The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. The Chief Justice shall preside over impeachments of executive officers. The Vice President shall preside over impeachments of judicial offic-ers. No person shall be convicted without the concurrence of two-thirds of the Senators present. (c) Judgment in cases of impeachment shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the Associated Students. Article III

* * * * * * * SEC. 4. REMOVAL FROM OFFICE. (a) The President, Vice President and all other executive officers of the Associated Students shall be removed from office on impeachment for, and conviction of, malfeasance, failure to discharge the powers and duties of office.

The Rules of the Senate provide, with respect the impeachment, as follows.

RULE X.

STANDING COMMITTEE DUTIES.

* * * * * * * Committee on Conduct (g) The Committee on Conduct shall be responsible for evaluating the nature of Senate absences, reviewing personnel matters, and con-ducting investigations regarding the impeachment of Government Officials, in accordance with the Senate punitive powers. This Com-mittee shall be composed of the chairpersons of the Standing Com-mittees.

* * * * * * *

IV. FINDINGS OF THE COMMITTEE The Committee finds that there is sufficient evidence to impeach

the President based on the evidence presented to the Committee.

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4 V. REPORTED RESOLUTION

Based on the findings specified above, the Committee reports to the Senate the following resolutuon:

Resolved, That Sarah M. Ragsdale, President of the Associated Students, is impeached for malfeasance or the failure to discharge the powers and duties of office, and that the following articles of im-peachment be exhibited:

Articles of impeachment exhibited by the Senate of the Asso-ciated Students, in the name of itself and of the members of the Asso-ciated Students of the University of Nevada, against Sarah M. Ragsdale, President of the Associated Students, in maintenance and support of its impeachment against her for malfeasance or the failure to discharge the powers and duties of office.

Article I In her conduct while President of the Associated Students, in vi-

olation of her constitutional oath faithfully to execute the office of President of the Associated Students and, to the best of her ability, to preserve and protect the Constitution of the Associated Students, and in violation of her constitutional duty to take care that the laws be faithfully executed, has impeded the elections process of the Asso-ciated Students, in that:

Sarah M. Ragsdale neglected to appoint, in a timely manner, members to the Commission on Association Elections, as the Senate has lawfully provided for in An Act entitled “To provide for the crea-tion and duties of a Commission on Elections” and in An Act entitled “To establish a Code of Elections governing the conduct of Association elections”, and by such conduct has impeded the elections process of the Association by leaving offices unfilled which, in the judgment of the Senate, are necessary for the efficient management and execution of elections.

In all of this, Sarah M. Ragsdale has undermined the integrity of her office, has brought disrepute on the Presidency, has betrayed her trust as President, and has acted in a manner subversive to the rule of law and justice, to the manifest injury of the members of the Asso-ciated Students.

Wherefore, Sarah M. Ragsdale, by such conduct, warrants im-peachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Asso-ciated Students.

VI. THE OPTIONS IN PROCEEDING In proceeding against the President with impeachment, the Senate

must, by a majority vote, adopt the resolution in order to actually and formally impeach the President.

If the President is impeached, the Senate must proceed with a trial against her. In order to convict on charges of impeachment, the Se-nate must reach a two-thirds vote of those present, a quorum being present. If that threshold is not attained, the President is acquitted on charges of impeachment.

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5 This report on the investigation of Sarah M. Ragsdale, President of

the Associated Students, is approved for submission to the Senate, and we recommend expeditious consideration thereof.

TAYLOR ANDERSON, Chairman. MICHAEL CABRERA. CARMEN GILBERT. SEAN MCDONALD. JUSTIN SHANE.

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Senate of the Associated Students Agenda for Wednesday, February 13, 2008, at 8:00 a.m.†

ASUN Presidents’ Conference Room (332) Joe Crowley Student Union

POSTED ON OR BEFORE 9:00 a.m. ON THE THIRD WORKING DAY BEFORE THE MEETING Posted at the ASUN Offices in the Joe Crowley Student Union, the Ansari Business Building, Getchell Library, the William Raggio Building, and online at www.asun.unr.edu. If you would like a copy of any of the agenda items listed, please contact Gregory Green, The Speaker, at [email protected].

†The Committee may recess to convene later during this day. If the Committee does recess until later in the day, an announcement will be made during the public meeting before the recess as to the time and place the Committee will reconvene.

1. CALL MEETING TO ORDER*

2. ROLL CALL* 3. ELECTION OF CHAIRMAN

The Committee will elect a chairman from among its members. 4. PUBLIC COMMENT*

Items heard under public comment may be for items either on or off the agenda. Action may not be taken on items raised under public comment. The Chair may elect to take public comment on action items on this agenda. The Chair may impose reasonable limits on the length members of the public may speak.

5. QUESTION AFFECTING THE PRIVILEGES OF THE SENATE: IN THE MATTER OF SARAH M. RAGSDALE, PRESIDENT OF THE ASSOCIATED STUDENTS

The Senate may consider the alleged misconduct of Sarah M Ragsdale, President of the Associated Students, and take possible action against the President including, but not limited to, recommending to the Senate disciplinary action in the form of a warning, reprimand, censure, impeachment, or no action. In considering this item, the Committee may proceed under Article II, section 5 and Article III, section 4 of the Constitution of the Associated Students. The Senate may also proceed with a resolution pursuant to Rule XIV(d) of the Rules of the Senate. Further, in considering this item, the Committee may engage in a discussion and take possible action related to the process to be followed during the matter stated above. The Committee may discuss and take action on, including but not limited to, issues related to standards of membership, what constitutes an impeachable offense under the ASUN Constitution, the process for disciplining members of the executive, including procedural and substantive elements, and other areas properly relating thereto. The Committee may take action by considering legislation that constitutes a question of the privileges of the Senate under its rules and parliamentary authority. The intent of this agenda item is to provide notice to the public that the Committee may engage in broad discussions and take a wide variety of action related to the President’s alleged misconduct. The consideration of this item is being held in accordance with Chapter 241 of the Nevada Revised Statutes, and will be an open meeting pursuant to section 31 of that chapter. The Chair may elect to take public comment on this item. Public comment in this matter, if taken, will be limited to three minutes per person, unless a person is a witness who is to testify before the Committee.

(Agenda continued on next page)

EXHIBIT A

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Committee on Conduct Agenda February 13, 2008 Page 2

6. QUESTION AFFECTING THE PRIVILEGES OF THE SENATE: IN THE MATTER OF SENATOR JEREMIAH TODD

The Senate may consider the alleged misconduct of Senator Jeremiah Todd and take possible action against the Senator including, but not limited to, recommending to the Senate disciplinary action in the form of a warning, reprimand, censure, suspension, expulsion, or no action. In considering this item, the Committee may proceed under Article II, section 2(c) of the Constitution of the Associated Students. Further, in considering this item, the Committee may engage in a discussion and take possible action related to the process to be followed during the matter stated above. The Committee may discuss and take action on, including but not limited to, issues related to standards of membership, what constitutes “disorderly or inappropriate behavior” under the ASUN Constitution, the process for disciplining members of the Senate, including procedural and substantive elements, and other areas properly relating thereto. The Committee may take action by considering legislation that constitutes a question of the privileges of the Senate under its rules and parliamentary authority. The intent of this agenda item is to provide notice to the public that the Committee may engage in broad discussions and take a wide variety of action related to the Senator’s alleged misconduct. The consideration of this item is being held in accordance with Chapter 241 of the Nevada Revised Statutes, and will be an open meeting pursuant to section 31 of that chapter. The Chair may elect to take public comment on this item. Public comment in this matter, if taken, will be limited to three minutes per person, unless a person is a witness who is to testify before the Committee.

7. ADJOURNMENT

Notes: • Unless otherwise marked by an asterisk, all items are action items upon which the Committee may take action. • Items may be taken out of the order presented at the discretion of the Chair. • ASUN supports providing equal access to all programs for people with disabilities. Reasonable efforts will be made to provide accommodations to people

with disabilities attending the meeting. Please contact the Speaker as soon as possible to arrange for appropriate accommodations.

EXHIBIT A

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EXHIBIT C

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EXHIBIT D

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT F

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EXHIBIT G

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EXHIBIT H

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EXHIBIT H

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EXHIBIT I

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EXHIBIT K

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EXHIBIT K

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EXHIBIT L

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EXHIBIT L

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EXHIBIT M

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