Page 16-Saturday April 21 1979-The Michigan Daily
Regents O"K MSA fee, eleetion review
(Continued fromkPage 1)
making that portion voluntary.
BAKER SAID he thought it was im-
portant for a wide perspective of views
to be expressed on campus, but added
that he felt those who don't support a
particular view should not be forced to
provide funding for it.
Several Regents, including Thomas
Roach (D-Grosse Pointe) and Robert
Nederlander (D-Birmingham), were
concerned about the accountability of
MSA, but said they don't feel the
Regents should place restrictions on
which groups MSA could fund.
"I don't think we ought to tell MSA
how to spend its money," Nederlander
said. "I just think it's a bad policy for us
to tell student government how to spend
its money."
THE REGENTS also considered
separating Legal Services funding from
MSA funding in order to give the Legal
Services staff more security, a concern
expressed by both Johnson and Interim
University President Allan Smith.
The funding resolution approved by
the Regents requires them to review
the MSA mandatory assessment next
year. MSA had originally requested a
three-year funding approval.
The resolution, formulated by Smith,
directs Johnson and his staff to under-
take an elections review. It was passed
yesterday with little discussion.
JOHNSON SAID he hoped he could
begin the review quickly, and also en-
sure that he receives testimony from
both major student political parties in-
volved and the Central Student
Judiciary (CSJ) justices. He also said
he would meet with his staff to decide
on a format for the review.
"I'm not sure how one really starts at
,this," he said. "I don't intend to do it in
an arbitrary manner. I've been given
an assignment by the Regents and plan
to fulfill my duties to the best of my
ability."
Current MSA President Eric Arnson
said he had "mixed emotions" about
the Regents' decisions. He added that
he felt the decisions aren't major set-
backs for MSA.
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ALSO YESTERDAY, CSJ released
its formal decision on the decer-
tification of the election. The April 8
CSJ decision to decertify the MSA elec-
tion was challenged because the
original certification hearing allegedly
was held in violation of the CSJ manual.
CSJ justices decided at an April 11
hearing to turn down a second cer-
tification hearing, thus allowing the
decertification to stand.
The following day, two CSJ justices
resigned from their posts, and two
other former justices sent copies of a
single letter which they co-authored to
the administrative officers of OSS and
to Smith, charging that CSJ was
violating its procedures and its alleged
mistakes should be rectified.
A former Assembly member who
wished to remain anonymous, said Ar-
nson and the former justices who sent
the letter, Richard Barr and Tom Pot-
ter, were presenting a "tainted" view
of CSJ and its decisions. The former
MSA member claimed Arnson, Barr,
and Potter thought the elections should
be certified and saw administrative
channels as a last resort.
SOME MSA members also said Ar-
nson delivered the letters for Barr and
Potter.
"They (the letters) were given to me,
and I forwarded them," Arnson said.
Johnson said of the Barr-Potter let-
ter, "I suppose it alerted us to the fact
that there was strong concern (about
the election problems) It was certainly
a motivating piece, but so was direct
contact with those involved."
ARNSON ALSO was charged with
preventing CSJ's formal decision on the
election from being typed and posted in
MSA Offices, which is required for of-
ficial certification of the election.
Bill Smelko and Dennis Persinger,
CSJ justices, said the decision was
given to the secretary to be typed two
days after decertification of the elec-
tion, but claim it was never typed.
Smelko also said he delivered another
copy of the letter, but that was not
typed either.
Another former MSA member con-
firmed that Arnson had taken CSJ's
decision and would not allow it to be
typed.
ARNSON SAID, "There seemed to be
some confusion about thedissue (of the
election). People looked at it (the
decision), but it wasn't typed up."
When asked why the decision was not
typed, Arnson responded, "I don't
know, I don't know. I felt no real need to
have the statement typed up."
The unanimous CSJ decision read:
"On the basis of evidence adduced at
the hearing, CSJ finds: 1) The election
was one in which hundreds of students
were denied their right to vote. 2) The
election was one which was rife with the
potential and appearance, if not the ac-
tuality, of fraud. 3) The election was
conducted in a manner inconsistent
with notions of fairness and well
established principles of neutrality. 4)
The composite effect of these findings,
as well as any individual finding is suf-
ficient to justify a denial of certification
of the election of MSA candidates and
officers because any of these distor-
tions of the process were sufficient to
materially affect the outcome of the
candidates' races.
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"THESE FINDINGS are premised
upon the plethora of evidence presented
at the hearing which indicated convin-
cingly that the election should not be
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