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Jacob Gram has filed A petition for review of the climate justice league's funding request. The petition SHOULD INCLUDE the FOLLOWING information: the question presented for review, the specific constitutional provision, rule, policy, or resolution relevant to the controversy. The remedy requested--what you want the Constitution Court to do. Place 5 copies of these materials (the attached forms and your petition) in the Constitution Court box in the EMU and deliver one additional copy to each of the person(s) against whom this complaint has been filed.
Jacob Gram has filed A petition for review of the climate justice league's funding request. The petition SHOULD INCLUDE the FOLLOWING information: the question presented for review, the specific constitutional provision, rule, policy, or resolution relevant to the controversy. The remedy requested--what you want the Constitution Court to do. Place 5 copies of these materials (the attached forms and your petition) in the Constitution Court box in the EMU and deliver one additional copy to each of the person(s) against whom this complaint has been filed.
Jacob Gram has filed A petition for review of the climate justice league's funding request. The petition SHOULD INCLUDE the FOLLOWING information: the question presented for review, the specific constitutional provision, rule, policy, or resolution relevant to the controversy. The remedy requested--what you want the Constitution Court to do. Place 5 copies of these materials (the attached forms and your petition) in the Constitution Court box in the EMU and deliver one additional copy to each of the person(s) against whom this complaint has been filed.
YOUR BRIEF SHOULD INCLUDE THE FOLLOWING INFORMATION (pursuant to Constitution Court rule 5.2) Name of person(s) against whom this complaint is filed The question presented for review The specific constitutional provision, rule, policy, or resolution relevant to the controversy. Please cite not only the section, but the language of the provision, rule, policy, or resolution verbatim. A brief statement of facts giving rise to the complaint. Please be specific and complete, but concise. The remedy requested--what you want the Constitution Court to do. Any exigent circumstances that require the Constitution Court to hear this complaint with dispatch You may also attach any relevant documents, materials, or other evidence you feel may aid the Court in its deliberations.
Place 5 copies of these materials (the attached forms and your petition) in the Constitution Court box in the EMU and deliver one additional copy to each of the person(s) against whom this complaint has been filed.
Jacob Gram signature of petitioner
Jake Gram May 28, 2014 print name date
PROOF OF SERVICE FORM PETI TI ONER
I, the undersigned, certify that I have served the opposing party (or parties) with this petition. They received this petition by (choose one): ____ mail; ____ in person; X other (please specify): N/A.
I realize that in order for the Constitution Court to hear my case or controversy, this procedure must be followed.
Jacob Gram signature
Jake Gram print name
May 28, 2014 date
CERTIFICATION OF CONFORMITY I certify that I have read the Rules and Procedures of the ASUO Constitution Court and that this Petition for Review complies with the requirements of the Rules.
Jacob Gram signature
Jake Gram print name
May 28, 2014 date
1. Name of person against whom this complaint is filed: N/A 2. Question presented for review: Whether the special request by the Climate Justice League, as approved by Senate, violates the prohibition on incidental fees being donated to charitable causes 3. Specific constitutional provisions, rules, policies, or resolutions relevant to the controversy:
ASUO Constitution 11.2: The Constitution Court shall have supreme and final authority on all questions of interpretation of this Constitution and any rules promulgated under it, including elections rules and complaints.
ASUO Constitution 11.9: Any member or administrative body of the Association may refer any question regarding correct construction or interpretation of any part of this Constitution or any rule promulgated under it to the ASUO Constitution Court. Members of the Court may not make such requests.
Senate Rule 12.2.I: Incidental fee monies shall not be donated to a charitable cause
4. Statement describing standing: N/A, not a grievance 5. Brief statement of facts giving rise to the complaint: 1. On May 21, 2014, the Climate Justice League submitted a special request for $45,000 to cover expenses of the Oregon Student Public Interest Research Group (OSPIRG). OSPIRG is an outside organization. (See Climate Justice League WO file) 2. On May 28, 2014, the ASUO Senate approved the $45,000 for Climate Justice League to give to OSPIRG
The first question is whether OSPIRG is a charitable cause. It is a 501(c)(3) organization, which means people get a charity deduction on their taxes for donating to it, so it should be considered a charitable cause. The Climate Justice League is donating the money to OSPIRG to help cover its organizational costs. Therefore, this expenditure violates the prohibition on donating incidental fee monies to charitable causes. It is not programs job to help keep outside organizations afloat.
6. Statement describing specific relief sought from the Court: I am requesting that the Court declare this expenditure in violation of Senate Rule 12.2.I and order the money not be spent. In the meantime, I am asking for an immediate injunction that prevents the funds from being spent. 7. Exigent circumstances: The money has not yet been spent by CJL, but is bound to be soon. The sooner the Court rules on this, the less likely any funds will be spent that cannot be gotten back. 8. Disclosure of Petitioners affiliation with a group, organization, activity, etc. in which a Justice on the Court is also affiliated with: