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Statement Regarding Feb 28, 2024 Council Meeting

FOR IMMEDIATE RELEASE

February 29, 2024

VANCOUVER, BC — The Alma Mater Society (AMS) Council met on February 28 to discuss three petitioned referendums. The petitioned referendums concerned a student fee increase, amending the composition of AMS Council, and an international geopolitical conflict, among other items. AMS Council spent over five hours considering the outcome of the petitioned referendums.

At the meeting, and following a comprehensive review conducted by legal counsel, AMS Council determined the three petitioned referendums did not meet the requirements as laid out in AMS Bylaws. AMS Council is bound by the Societies Act and our Bylaws to ensure it acts in the best interest of its members, and intends to work with the proponents of the petitioned referendums as outlined in the motions.

AMS Council makes no comment on the merits of the substance of the three petitioned referendums and is solely concerned with the compliance of the three petitioned referendums with AMS Bylaws, such as being capable of being answered “yes” or “no”, being clear and unambiguous, not being predicated on materially untrue statements, being within the confines of the law, and not breaking pre-existing contracts or where the question breaks a contract the intention to break the contract is made clear and its penalties are laid out in the question. The full motions are enclosed as appendices to this statement.

AMS Council is committed to maintaining open and honest discussion with all of our members. The AMS has always respected and will continue to respect the perspective of every single member of the student community.

Above all else, each and every member of the AMS has a right to feel safe on campus. The AMS has always and will continue to fight to ensure every single student feels safe on campus.

APPENDIX A: COUNCIL MOTION ON HEALTH AND DENTAL REFERENDUM

WHEREAS

  1. The Alma Mater Society of the University of British Columbia (“AMS”) is a Society duly incorporated under the laws of the Province of British Columbia, namely the Societies Act;
  2. The AMS and its Board of Directors (“Council”) are required to comply with the Societies Act, the AMS Bylaws, and the AMS Code of Procedure (“Code”);
  3. A referendum for the Society shall be called by the President upon a petition duly signed by five percent of the active members or one thousand active members, whichever is the lesser number, evidencing their Student Numbers, and delivered to the President or the President’s designate (“AMS Bylaw 4(1)(b)”);
  4. The petitioned referendum titled “Demands for Palestine, the Food Bank, and Divestment at the AMS” (the “Palestine Referendum”), the petitioned referendum titled “AMS/GSS Health and Dental Plan Fee Increase for Pharmaceutical Coverage” (the “Health and Dental Referendum”), and the petitioned referendum titled “Bylaw Amendments for Greater Representation on Council, and Decolonizing Efforts” (the “Bylaw Amendments Referendum”), hereinafter collectively referred to as the “Petitioned Referendums”, have each satisfied AMS Bylaw 4(1)(b);
  5. The text of the Petitioned Referendums must be drafted to ensure that each of them satisfies the following requirements (the “Requirements”, collectively referred to as “AMS Bylaw 4(2)”): the question is capable of being answered “yes or “no” with the negative response corresponding to the status quo (“AMS Bylaw 4(2)(a)”), the question including any preamble is clear and unambiguous (“AMS Bylaw 4(2)(b)”), the question including any preamble is not predicated on materially untrue statements (“AMS Bylaw 4(2)(c)”), the actions that would be taken if the referendum is successful are not illegal (“AMS Bylaw 4(2)(d)”), and in cases where the proposed question would break a contract, the intent to break the contract must be specifically stated and the penalty for breaking the contract must be included as part of the question (“AMS Bylaw 4(2)(e)”);
  6. The AMS Bylaws and Code restrict Council from debating the merits of the contents of the Petitioned Referendums, and Council is solely concerned with the requirements set out in AMS Bylaw 4(2);
  7. The Elections Administrator is responsible for providing all petitioned referendums with confidential and impartial advice on the wording of the referendum questions;
  8. The advice provided by the Elections Administrator for the Petitioned Referendums is not exhaustive advice and implementing such advice does not guarantee the Petitioned Referendums satisfy the requirements for referendums pursuant to AMS Bylaw 4(2);
  9. The AMS has received extensive communications from organizations external to the AMS, however Council does not permit external organizations to directly influence its decision-making;
  10. It is the sole responsibility of Council to determine whether a petitioned referendum satisfies AMS Bylaw 4(2);
  11. Pursuant to AMS Bylaw 4(2), if Council decides by resolution that a referendum does not meet one or more Requirements, the referendum shall not be put to the membership;
  12. The President determined the level of complexity of the contents of the Petitioned Referendums merited a review from legal counsel to sufficiently determine its compliance with AMS Bylaw 4(2), and in accordance with Code Section II Article 19, the Society’s lawyers (“Legal Counsel”) were contacted on the authorization of the President;
  13. Council makes no comment on the merits of the contents of the Petitioned Referendums and is solely concerned with the compliance of the Petitioned Referendums with AMS Bylaw 4(2) through the consideration of each Requirement with respect to each of the Petitioned Referendums;
  14. A thorough evaluation has been conducted by Legal Counsel on the Health and Dental Referendum with respect to the provisions set forth in AMS Bylaw 4(2);
  15. Voting members of Council, as Directors of the Society, owe a fiduciary duty to the Society, involving an absolute duty of trust, care, loyalty, and honesty to the Society;
  16. Putting forward a referendum question that is in contravention of one or more of the provisions under AMS Bylaw 4(2) is against the best interests of the Society;
  17. Unless disclosure has been compelled by law or authorized by a decision of Council, or is being made in accordance with Code Section III, Article 1(26)(d), a Director must scrupulously protect the confidentiality of all information not generally available to the public that they may acquire by virtue of their position as a Director (including all information discussed in an in camera meeting of Council) and must forever keep private and maintain that information in strict confidence;
  18. Council makes every intention to satisfy its legal obligation of explicitly citing the Requirements that were considered, and the Requirement or Requirements that were deemed not satisfied; and
  19. Council has every intention to continue operating in good faith with students seeking to participate and initiate the democratic process of petitioned referendums and be open and available to engage with the respective students bringing forward the Health and Dental Referendum to rectify contraventions of AMS Bylaw 4(2).

THEREFORE BE IT RESOLVED

  1. THAT the Health and Dental Referendum be formally rejected by Council and not put to the membership on the solely procedural grounds of not satisfying AMS Bylaw 4(2)(b);

FURTHER THAT in keeping with the perceived intent of the contents within the Health and Dental Referendum, Council refers the question to the AMS/GSS Health and Dental Plan Committee for further development in order to satisfy the Requirements set forth in AMS Bylaw 4(2).

APPENDIX B: COUNCIL MOTION ON BYLAW AMENDMENTS REFERENDUM

WHEREAS

  1. The Alma Mater Society of the University of British Columbia (“AMS”) is a Society duly incorporated under the laws of the Province of British Columbia, namely the Societies Act;
  2. The AMS and its Board of Directors (“Council”) are required to comply with the Societies Act, the AMS Bylaws, and the AMS Code of Procedure (“Code”);
  3. A referendum for the Society shall be called by the President upon a petition duly signed by five percent of the active members or one thousand active members, whichever is the lesser number, evidencing their Student Numbers, and delivered to the President or the President’s designate (“AMS Bylaw 4(1)(b)”);
  4. The petitioned referendum titled “Demands for Palestine, the Food Bank, and Divestment at the AMS” (the “Palestine Referendum”), the petitioned referendum titled “AMS/GSS Health and Dental Plan Fee Increase for Pharmaceutical Coverage” (the “Health and Dental Referendum”), and the petitioned referendum titled “Bylaw Amendments for Greater Representation on Council, and Decolonizing Efforts” (the “Bylaw Amendments Referendum”), hereinafter collectively referred to as the “Petitioned Referendums”, have each satisfied AMS Bylaw 4(1)(b);
  5. The text of the Petitioned Referendums must be drafted to ensure that each of them satisfies the following requirements (the “Requirements”, collectively referred to as “AMS Bylaw 4(2)”): the question is capable of being answered “yes or “no” with the negative response corresponding to the status quo (“AMS Bylaw 4(2)(a)”), the question including any preamble is clear and unambiguous (“AMS Bylaw 4(2)(b)”), the question including any preamble is not predicated on materially untrue statements (“AMS Bylaw 4(2)(c)”), the actions that would be taken if the referendum is successful are not illegal (“AMS Bylaw 4(2)(d)”), and in cases where the proposed question would break a contract, the intent to break the contract must be specifically stated and the penalty for breaking the contract must be included as part of the question (“AMS Bylaw 4(2)(e)”);
  6. The AMS Bylaws and Code restrict Council from debating the merits of the contents of the Petitioned Referendums, and Council is solely concerned with the requirements set out in AMS Bylaw 4(2);
  7. The Elections Administrator is responsible for providing all petitioned referendums with confidential and impartial advice on the wording of the referendum questions;
  8. The advice provided by the Elections Administrator for the Petitioned Referendums is not exhaustive advice and implementing such advice does not guarantee the Petitioned Referendums satisfy the requirements for referendums pursuant to AMS Bylaw 4(2);
  9. The AMS has received extensive communications from organizations external to the AMS, however Council does not permit external organizations to directly influence its decision-making;
  10. It is the sole responsibility of Council to determine whether a petitioned referendum satisfies AMS Bylaw 4(2);
  11. Pursuant to AMS Bylaw 4(2), if Council decides by resolution that a referendum does not meet one or more Requirements, the referendum shall not be put to the membership;
  12. The President determined the level of complexity of the contents of the Petitioned Referendums merited a review from legal counsel to sufficiently determine its compliance with AMS Bylaw 4(2), and in accordance with Code Section II Article 19, the Society’s lawyers (“Legal Counsel”) were contacted on the authorization of the President;
  13. Council makes no comment on the merits of the contents of the Petitioned Referendums and is solely concerned with the compliance of the Petitioned Referendums with AMS Bylaw 4(2) through the consideration of each Requirement with respect to each of the Petitioned Referendums;
  14. A thorough evaluation has been conducted by Legal Counsel on the Bylaw Amendments Referendum with respect to the provisions set forth in AMS Bylaw 4(2);
  15. Voting members of Council, as Directors of the Society, owe a fiduciary duty to the Society, involving an absolute duty of trust, care, loyalty, and honesty to the Society;
  16. Putting forward a referendum question that is in contravention of one or more of the provisions under AMS Bylaw 4(2) is against the best interests of the Society;
  17. Unless disclosure has been compelled by law or authorized by a decision of Council, or is being made in accordance with Code Section III, Article 1(26)(d), a Director must scrupulously protect the confidentiality of all information not generally available to the public that they may acquire by virtue of their position as a Director (including all information discussed in an in camera meeting of Council) and must forever keep private and maintain that information in strict confidence;
  18. Council makes every intention to satisfy its legal obligation of explicitly citing the Requirements that were considered, and the Requirement or Requirements that were deemed not satisfied; and
  19. Council has every intention to continue operating in good faith with students seeking to participate and initiate the democratic process of petitioned referendums and be open and available to engage with the respective students bringing forward the Bylaw Amendments Referendum to rectify contraventions of AMS Bylaw 4(2).

THEREFORE BE IT RESOLVED

  1. THAT the Bylaw Amendments Referendum be formally rejected by Council and not put to the membership on the solely procedural grounds of not satisfying AMS Bylaw 4(2)(b).

APPENDIX C: COUNCIL MOTION ON PALESTINE REFERENDUM

WHEREAS

  1. The Alma Mater Society of the University of British Columbia (“AMS”) is a Society duly incorporated under the laws of the Province of British Columbia, namely the Societies Act;
  2. The AMS and its Board of Directors (“Council”) are required to comply with the Societies Act, the AMS Bylaws, and the AMS Code of Procedure (“Code”);
  3. A referendum for the Society shall be called by the President upon a petition duly signed by five percent of the active members or one thousand active members, whichever is the lesser number, evidencing their Student Numbers, and delivered to the President or the President’s designate (“AMS Bylaw 4(1)(b)”);
  4. The petitioned referendum titled “Demands for Palestine, the Food Bank, and Divestment at the AMS” (the “Palestine Referendum”), the petitioned referendum titled “AMS/GSS Health and Dental Plan Fee Increase for Pharmaceutical Coverage” (the “Health and Dental Referendum”), and the petitioned referendum titled “Bylaw Amendments for Greater Representation on Council, and Decolonizing Efforts” (the “Bylaw Amendments Referendum”), hereinafter collectively referred to as the “Petitioned Referendums”, have each satisfied AMS Bylaw 4(1)(b);
  5. The text of the Petitioned Referendums must be drafted to ensure that each of them satisfies the following requirements (the “Requirements”, collectively referred to as “AMS Bylaw 4(2)”): the question is capable of being answered “yes or “no” with the negative response corresponding to the status quo (“AMS Bylaw 4(2)(a)”), the question including any preamble is clear and unambiguous (“AMS Bylaw 4(2)(b)”), the question including any preamble is not predicated on materially untrue statements (“AMS Bylaw 4(2)(c)”), the actions that would be taken if the referendum is successful are not illegal (“AMS Bylaw 4(2)(d)”), and in cases where the proposed question would break a contract, the intent to break the contract must be specifically stated and the penalty for breaking the contract must be included as part of the question (“AMS Bylaw 4(2)(e)”);
  6. The AMS Bylaws and Code restrict Council from debating the merits of the contents of the Petitioned Referendums, and Council is solely concerned with the requirements set out in AMS Bylaw 4(2);
  7. The Elections Administrator is responsible for providing all petitioned referendums with confidential and impartial advice on the wording of the referendum questions;
  8. The advice provided by the Elections Administrator for the Petitioned Referendums is not exhaustive advice and implementing such advice does not guarantee the Petitioned Referendums satisfy the requirements for referendums pursuant to AMS Bylaw 4(2);
  9. The AMS has received extensive communications from organizations external to the AMS, however Council does not permit external organizations to directly influence its decision-making;
  10. It is the sole responsibility of Council to determine whether a petitioned referendum satisfies AMS Bylaw 4(2);
  11. Pursuant to AMS Bylaw 4(2), if Council decides by resolution that a referendum does not meet one or more Requirements, the referendum shall not be put to the membership;
  12. The President determined the level of complexity of the contents of the Petitioned Referendums merited a review from legal counsel to sufficiently determine its compliance with AMS Bylaw 4(2), and in accordance with Code Section II Article 19, the Society’s lawyers (“Legal Counsel”) were contacted on the authorization of the President;
  13. Council makes no comment on the merits of the contents of the Petitioned Referendums and is solely concerned with the compliance of the Petitioned Referendums with AMS Bylaw 4(2) through the consideration of each Requirement with respect to each of the Petitioned Referendums;
  14. A thorough evaluation has been conducted by Legal Counsel on the Palestine Referendum with respect to the provisions set forth in AMS Bylaw 4(2);
  15. Voting members of Council, as Directors of the Society, owe a fiduciary duty to the Society, involving an absolute duty of trust, care, loyalty, and honesty to the Society;
  16. Putting forward a referendum question that is in contravention of one or more of the provisions under AMS Bylaw 4(2) is against the best interests of the Society;
  17. Unless disclosure has been compelled by law or authorized by a decision of Council, or is being made in accordance with Code Section III, Article 1(26)(d), a Director must scrupulously protect the confidentiality of all information not generally available to the public that they may acquire by virtue of their position as a Director (including all information discussed in an in camera meeting of Council) and must forever keep private and maintain that information in strict confidence;
  18. Council makes every intention to satisfy its legal obligation of explicitly citing the Requirements that were considered, and the Requirement or Requirements that were deemed not satisfied; and
  19. Council has every intention to continue operating in good faith with students seeking to participate and initiate the democratic process of petitioned referendums and be open and available to engage with the respective students bringing forward the Palestine Referendum to rectify contraventions of AMS Bylaw 4(2).

THEREFORE BE IT RESOLVED THAT the Palestine Referendum be formally rejected by Council and not put to the membership on the solely procedural grounds of not satisfying the following Requirements including, but not limited to, AMS Bylaw 4(2)(a)

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