Fall 2014
Committee:
External Affairs, Legislative & External Policy Committee
Whereas, California Education Code Section 76375(d) states, "The student government of a community college with an annual building and operating fee pursuant to this section shall determine the appropriate uses of the fee income and the student body center facility itself.";
Whereas, The Legislative Council of California composed a legal opinion titled “Community Colleges: Student Body Center #33110” and concluded the following
about Associated Student Organization’s (ASO’s) authority over the Student Center fees and use of the facility:
1. “Section 76375 does not authorize any other entity or officer to determine the appropriate uses of the fee income or the student body center facility.”
2. “The statute itself not only grants the student government the authority to determine the appropriate uses of the student body center (subd. (d) Sec. 76375), but also grants the student government, or its designee, express authority to approve the expenditure of funds collected for, among other purposes, the operation of the center (subd. (b), Sec. 76375). To construe subdivision (d) of Section 76375 in a manner to authorize a person or entity other than the student government to regulate the schedule of events and requests for use of a student body center would permit that person to make decisions regarding the frequency of use of the center that may ultimately affect the financial viability of the center. In our opinion that interpretation would effectively operate to deny the student government control over the expenditure of funds collected for the purpose of operating a center.”
3. “Second, because subdivision (d) of Section 76375 authorizes only the student government to determine the appropriate uses of the fee income and how the student body center is to be used, by implication, any other person or entity would be precluded from making any decisions interfering with the student government’s authority over uses of that income and the center (Henderson v. Mann Theatres Corp. , supra).”
4. “Accordingly, it is our opinion that subdivision (d) of section 76375 of the Education Code authorizes the student government of a community college to control the schedule of events and requests for use of a student body center that is built and operated pursuant to Section 76375."; and
Whereas, The Legislative Council of California found in their analysis of California Education Code Section 76375 that allowing another person or entity to make decisions regarding the schedule of events and requests for use of a student center would “affect the financial viability of the center”, then it would be appropriate for ASO’s to collect fees acquired from the rental of the student body center from outside organizations.
Resolved, That the Student Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office and Board of Governors to create and implement a section in Title 5 regarding an ASO’s authority over the student body center requiring the ASO’s approval of the request for use and collection of fees acquired from the rental of the student body center.
Whereas, The Legislative Council of California composed a legal opinion titled “Community Colleges: Student Body Center #33110” and concluded the following
about Associated Student Organization’s (ASO’s) authority over the Student Center fees and use of the facility:
1. “Section 76375 does not authorize any other entity or officer to determine the appropriate uses of the fee income or the student body center facility.”
2. “The statute itself not only grants the student government the authority to determine the appropriate uses of the student body center (subd. (d) Sec. 76375), but also grants the student government, or its designee, express authority to approve the expenditure of funds collected for, among other purposes, the operation of the center (subd. (b), Sec. 76375). To construe subdivision (d) of Section 76375 in a manner to authorize a person or entity other than the student government to regulate the schedule of events and requests for use of a student body center would permit that person to make decisions regarding the frequency of use of the center that may ultimately affect the financial viability of the center. In our opinion that interpretation would effectively operate to deny the student government control over the expenditure of funds collected for the purpose of operating a center.”
3. “Second, because subdivision (d) of Section 76375 authorizes only the student government to determine the appropriate uses of the fee income and how the student body center is to be used, by implication, any other person or entity would be precluded from making any decisions interfering with the student government’s authority over uses of that income and the center (Henderson v. Mann Theatres Corp. , supra).”
4. “Accordingly, it is our opinion that subdivision (d) of section 76375 of the Education Code authorizes the student government of a community college to control the schedule of events and requests for use of a student body center that is built and operated pursuant to Section 76375."; and
Whereas, The Legislative Council of California found in their analysis of California Education Code Section 76375 that allowing another person or entity to make decisions regarding the schedule of events and requests for use of a student center would “affect the financial viability of the center”, then it would be appropriate for ASO’s to collect fees acquired from the rental of the student body center from outside organizations.
Resolved, That the Student Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office and Board of Governors to create and implement a section in Title 5 regarding an ASO’s authority over the student body center requiring the ASO’s approval of the request for use and collection of fees acquired from the rental of the student body center.