1 Corinna Cohn

cohnc@unr.nevada.edu
2

5 IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS

7 CORINNA COHN (for herself and members ) Case No.: AN-003

)
8 of the Association collectively), ) COMPLAINT FOR DECLARATORY AND
) INJUNCTIVE RELIEF
9 Petitioner, )
) VIOLATIONS OF SECTIONS 6 and 7 of
10 vs. ) ASUN PUBLIC LAW 75–39
)
11 PRISCILLA ACOSTA (in her official capacity) (Improper certification of passage of bills)
)
12 as Speaker of the 76th Senate of the )
)
13 Associated Students), GRACIE GEREMIA, )
)
14 (in her official capacity as Speaker of the 77th )
)
15 Senate of the Associated Students, )
)
16 ALEJANDRA REYES (in her official capacity)
)
17 as Secretary of the Senate), SENATE OF THE )
)
18 ASSOCIATED STUDENTS, )
)
19 Respondents )
)
20

21 Petitioner complains and alleges as follows:

22 JURISDICTION AND VENUE

23 Jurisdiction in the Judicial Council of the Associated Students is proper under Article

24 IV, section 4 of the Constitution of the Associated Students. The Judicial Council is the sole

25 judicial body of the Associated Students.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 GENERAL ALLEGATIONS

2 The Parties

3 At all times relevant to this complaint:

4 1. Petitioner is a member of the Associated Students of the University of

5 Nevada, within the meaning of Art. I, sec. 1(a) of the Constitution of the Associated

6 Students.

7 2. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated

8 Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its

9 elected leader. Her term ended at midnight on April 15, 2009.

10 3. Gracie Geremia is the duly elected Speaker of the Senate of the Associated

11 Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its

12 elected leader. She took office on April 15, 2009.

13 4. Alejandra Reyes is the Secretary of the Senate.

14 5. The Senate of the Associated Students is the legislative branch of the

15 Associated Students, established under Article II of the ASUN Constitution. The Senate is

16 sued in its collective capacity because it has an obligation to ensure it is adhering to proper

17 process in conducting its business.

18 Background Information

19 6. Section 6 of the Bill Governance Act of 2008 (ASUN Public Law 75-39; 75

20 ASUN Stat. 109 requires the Secretary of the Senate to enroll a bill when it has passed the

21 Senate. The section also requires the Secretary to certify to the proper enrollment of a bill

22 (i.e. that it passed the Senate and that it accurately and exactly reflects what the Senate

23 passed).

24 7. Section 7 of the same Act requires the Speaker of the Senate to sign bills that

25 have passed the Senate.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Facts of the Case

2 8. On information and belief, the Secretary of the Senate certified to the passage

3 of all bills that passed the Senate, numbered S.B. 76-1 through 76-19, passed during the

4 period May 7, 2008, to February 25, 2009.

5 9. On information and belief, the Speaker of the Senate signed the bills

6 mentioned in Paragraph 8.

7 10. The Secretary of the Senate who certified to the passage of those bills was not

8 appointed until March 4, 2009.

9 11. Petitioner is not aware of when the bills were enrolled and signed to any

10 degree of certainty, as no evidence can be found to suggest, to any degree of certainty, those

11 dates.

12 First Cause of Action

13 Declaratory Relief

14 Violation of Section 6 of ASUN Public Law 75–39

15 12. Petitioner repeats and realleges each and every allegation contained within

16 paragraphs 1 through 11 as though fully incorporated herein.

17 13. Section 6 of ASUN Public Law 75–39 requires the Secretary of the Senate to

18 certify to the passage of bills. However, petitioner claims it is improper for an official who

19 does not have personal knowledge of the passage to certify the same. The Secretary could not

20 have had personal knowledge of passage because she was not appointed until after the bills

21 passed the Senate.

22 14. Therefore, Petitioner requests a declaration that all bills so certified are void

23 and without effect.

24 ///

25 ///

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Second Cause of Action

2 Declaratory Relief

3 Violation of Sections 6 and 7 of ASUN Public Law 75–39

4 15. On information and belief, Petitioner alleges that the Secretary and Speaker

5 signed Senate Bills numbered 76-5, 76-7, 76-9, and 76-11 without having actually passed the

6 Senate. This constitutes a violation of Sections 6 and 7 of ASUN Public Law 75–39.

7 16. Petitioner requests a declaration that such conduct constitutes a violation of

8 the same.

9 WHEREFORE, Petitioner prays for judgment against Respondents as follows:

10 1. For a declaration that Respondents’ actions constitute a violation of the laws

11 and regulations cited herein.

12 2. For an order enjoining Respondents from engaging in further violations of the

13 laws and regulations cited herein

14 3. For a declaration that actions take in violation of the laws and regulations

15 cited herein are void.

16 4. For such other relief as the Council deems just and proper.

17 Dated this _____ day of __________________, 2009.

18
____________________________
19 Corinna Cohn
cohnc@unr.nevada.edu
20 Petitioner

21

22

23

24

25

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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