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Justice delayed is justice denied

By Christopher Page
From the March 2006 Print Edition

The political grinder

There are a number of things most people don’t know about what transpires in the home of the ASUC, Eshleman Hall. CalSERVE ASUC Senator Rita Encarnacion brought to everyone’s attention the story of Grace Asuncion. On February 7, 1992, Grace, a third-year student, was working late in Eshleman and was found stabbed to death. In the wake of this tragedy, security measures were tightened for the building. However, due to budget concerns, they have been reduced. Now there is nothing stopping anyone from entering and wandering around Eshleman Hall, except roaming security patrols and a lockdown at midnight.

The building itself is a seismic danger. If an earthquake hit, Eshleman could be a pile of rubble while other buildings remain standing. This is especially dangerous because students use the building throughout the day and into the night. However, there has been no senate bill proposed nor university action taken to retrofit the building.

As if the danger of being in the building itself were not enough, there is the matter of its more frequent inhabitants. On the night of February 8, ASUC senators demonstrated for those in attendance just how selfish they can be.

Take for example the Judicial Council nominees up for confirmation by the ASUC Senate. In previous meetings of the year, the senate had emphasized knowledge of the constitution, bylaws, and previous cases as the most important qualification to be on the Council. The first candidate up was Marisa Cuevas, who had been on the Council last year but resigned when she could not keep up with the cases while studying abroad. Cuevas’s previous position gave her the constitutional experience that the senate had set as the gold standard for Council nominees.

After some basic questions about time commitments they brought up her voting record on the Council. Upon request, Cuevas recounted some of her major decisions and how she had arrived at them. She was then told by CalSERVE ASUC Senator Yvette Felarca that she and the majority of the Council had voted incorrectly in a specific case.

The senators had a chance to ask more questions and there was a motion to give Cuevas a final confirmation vote, but some senators were not ready. Though they could not think of any more questions, they were still undecided. Cuevas’s appointment was tabled so the next nominee, Jenny Jiang, could be considered. After a similar question and answer period and debate on the floor, there was a motion to call a final vote on Jiang’s confirmation. Once again, the senators did not want to vote just yet.

After more time to consider and debate the nominees’ qualifications, the senators delayed calling a vote and motioned to put off the decision until the next week. Why would they do this? The candidates were present to answer any additional questions. The senators had also been given the nominees’ names a week earlier to conduct any necessary research. The senators finally started a roll-call vote on Cuevas’s seat. After most senators had cast yea or nay votes, with a few abstentions, Cuevas had the 14 required votes to get her seat.

However, in a roll-call vote a senator is allowed to change his or her vote until the rolls are closed. The senators could not agree to close the rolls and make their vote final. With no explanation at all, some of those who initially voted yes decided to change their votes — why? If senators had decided Cuevas was qualified, why the sudden change of opinion, especially if the senate was discussing other business at the time? If she did not live up to the senators’ standards, she should have been flatly rejected. At the end of the meeting both nominees were denied, even though enough senators had voted to give Cuevas her seat earlier.

Internal ASUC politics is to blame for such tiring processes. As Ben Narodick of the SQUELCH! Party said, “[The senate] played political games with people’s lives.” He was joined by senators from both of the ASUC’s major parties who were “ashamed” of their colleagues’ behavior. This is not an isolated incident. Previous Judicial Council nominees have been treated poorly by the senate as well.

The ASUC Senate exists to serve students. On that night, the senators played their own political games and served the interests of anyone but the students. For the $55 a year we each pay the ASUC, some of its officers have given students everything but respect.

Time to waste

Not all of our illustrious leaders use their time wisely or responsibly in the ASUC Senate. For example, CalSERVE ASUC Senator Max Besbris decided that it was proper to play movie critic and temporarily ignore his duties in the ASUC. He listed before the senate his choices for best films of the year, which included Syriana, Brokeback Mountain, The Constant Gardner, and King Kong. Fellow CalSERVE ASUC Senator Ashley Thomas, however, took issue with the last choice, citing its “racist” portrayal of black people. In all fairness, Peter Jackson’s movie put a number of people in a stereotypic light. Word on the street is gorillas are filing a lawsuit.

While these little moments are fun diversions, there are bigger monsters that eat up time. The ASUC Senate was treated to half-hour presentations on a variety of subjects throughout the year. These included a presentation on the “hostile climate” for minorities by Shanta Driver, an update from workers at Berkeley Honda about their strike, a report on alcohol abuse, two presentations about the Career Center fee referendum, and a viewing of the testimony from the Public Hearing on Hostile Climate.

Another fun interaction was Narodick’s slide-show presentation to welcome Melissa Jones of the Berkeley College Republicans Party, the ASUC Senate’s newest member. This included an American flag, a Fox News emblem, and the claim that the senate is not just “a bunch of liberal pinko commie hippies.” He also demonstrated the importance of maneuvering and skill in the senate by showing a picture of a porn star pole dancing. Sometimes, Narodick noted, they even let people who voted for Bush talk.

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