SA complaint thrown out
February 4, 2003
The Chief Justice of the Student Association Supreme Court, Alan Smith, ruled that the complaint filed by SA Senators R.J. Gravel and Jeff Meyer was filed too late and threw it out.
In a letter addressed to Diane Smith, the SA office manager, Alan Smith states that according to the Illinois Open Meetings Act, a civil action must be taken within 60 days of an alleged violation.
This letter, sent Jan. 31, comes in response to the complaints, as well as a letter sent by Kevin Miller, president of the SA.
Gravel and Meyer’s complaint alleges that the SA Senate meetings of Sept. 29, Oct. 6 and Nov. 10, violated the Open Meetings Act because agendas were not posted 48 hours in advance. The complaint also states that because the Nov. 10 meeting violated the Open Meetings Act, the Big Time Entertainment bill passed at the meeting should be overturned. Alan Smith’s letter states that Gravel and Meyer’s complaint was filed at 12:18 p.m. Thursday.
Miller formally asked the SA Supreme Court in his letter if the Illinois Open Meetings Act applies to his organization. According to Alan Smith’s letter, Miller’s was filed at 12:10 p.m. Thursday.
Alan states that since the complaint filed by Gravel and Meyer came after the 60-day statute of limitations, the SA Supreme Court “cannot properly hear this matter at this time.”
Meyer argues that the statute of limitations that exists in the complaint applies to filing an action in a circuit court.
According the Illinois Open Meeting Act, “any person, including the state’s attorney of the county, may bring a civil action in the circuit court to the judicial circuit in which the alleged noncompliance has occurred or is about to occur.”
“It does not apply in the SA case,” Meyer told the Northern Star Monday about the claim Alan Smith made. “It speaks clearly to filing in a circuit court.”
Alan Smith’s letter also states that the SA Supreme Court has no records of Attorney General opinions, or prior court rulings that support the claim that the act applies to student governments. Therefore, anyone who wants to prove the SA is bound by the Open Meetings Act has the burden of proving otherwise.
Meyer was not sure whether this letter was an indication of a motion to dismiss made by Alan Smith.
“It seems quite clear that he is acting on a matter to dismiss,” Meyer said.
Meyer said he was certain that he thought the statute of limitations does not apply to the student court.
Miller told the Northern Star on Monday that he was hoping to get a little more clarification from the letter.