About

Branches

Resources

Financial Guidelines Approval – Bylaws II.II § 6 (4.2)


Financial Guidelines Approval – Bylaws II.II § 6 (4.2):


Redbook Section in Question:

Bylaws II.II Section 6 Clause 4.2

Requestor Information:

Name: Devon Cantwell
Position/Affiliation: ASUU Director of Finance
Email: devon.cantwell@utah.edu

Date:

08/25/2020

Question (Be as specific as possible):

Do the financial guidelines as determined by the Finance Committee need Assembly, Senate, Presidential, or the Committee on Student Affairs (COSA) approval?



For ASUU Office Use Only:



Attorney General:

Dallas Blackburn

Text Section in Question:

Bylaws II.II § 6 (4.2):
4.2 The Finance committee is responsible to:
4.2.1 Determine, in coordination with the financial guidelines in accordance with Article IV of the Bylaws.

Interpretation:

No specific section or clause states that the financial guidelines as determined by the Finance Committee needs the approval of any other legislative, executive, or otherwise governmental body. The financial guidelines has the implicit approval of the Assembly, the Senate, and the Executive Branch. This is obtained through the participation of the Legislative Treasurers, who represent the Assembly and Senate, and the Director and the Associate Directors of the Finance Board, who represent the Executive Branch, in the creation of the financial guidelines. In other words, the views of the legislative and executive branches regarding these guidelines are relayed through their respective representatives on the Finance Committee. So, if the financial guidelines are approved by the Finance Committee, then it stands to reason that the legislative and executive branches approve of them. This implicit approval may be revoked by the Assembly or the Senate as outlined in Bylaws I.I § 13 (17) and Bylaws I.II § 16 (2.9). The Executive Branch may also revoke its implicit approval through the Director of the Finance Board. Furthermore, the financial guidelines do not need the approval of COSA. The financial guidelines as determined by the Finance Committee typically do not overlap with the required financial approvals by COSA as outlined in Bylaws IV § 14 (3.1).

Thus, the financial guidelines as determined by the Finance Committee does not need Assembly, Senate, Presidential, or COSA approval.