[Editor’s Note: This is a continuation on previous articles published in TechNews. Please check out our previous two issues for more information and background on this topic.]
Two weeks ago, I introduced the FinBoard Accountability, Communication, and Transparency (FACT) Amendment, a 2021 amendment to the Student Government Association (SGA) Bylaws regulating transparency policies for the Finance Board (FB). Last week, I delved into implementing Article VI §5, which focused primarily on nomination and removal of FB Advisors (FBAs). This week, I’ll be covering §10: Records and Transparency.
Before I go further, I do need to address that the Finance Board (FB) section of the bylaws is extremely poorly organized. That’s not a matter of opinion; that’s just a fact. The table of contents lists sections 1-11, but when you actually go to the bylaws, they go from 1-6 and then restart and go 1-5. Within this second half, there are no subsection or subparagraph numbers, except for one that is randomly numbered 4.1.1.1.1. This makes it very difficult to reference the correct information for these upper sections. For the sake of this (and other) articles, I will be referring to the section “Records and Transparency” as Article VI §10, as this is the number in better-organized table of contents, though referring to it as §4, §4b, or §6.4 (since §6 was the highest section number properly listed) might also be accurate. This causes a lot of issues for accurately referencing anything in this section. With that said, let’s dig into this.
According to §10, all hearings are to be recorded in their entirety, with exceptions for closed executive sessions. These cannot last more than 10 minutes, and a reason must be given for needing privacy, which can then be challenged in the judicial board. These recordings and a full and unredacted ledger must be shared to the Student Government Association (SGA) website (or, for recordings, YouTube page) within five business days of the hearing.
According to an FB Advisor speaking anonymously, the last hearing for regular-semester budgets was held during the week of MLK Day. Now, at the latest, this would have been on January 26 (knowing that sometimes Sundays can be counted with the previous or upcoming week). Five business days from that would be January 31. As of the writing of this piece on February 6, no such videos or ledgers have been published. Without records of why they aren’t public, it’s not possible to determine compliance with closed session procedures.
Continuing through the section, all hearings are to be considered public and open to all students. Per Office of Student Life (OSL) policies, all events that are public and open to all students are to be advertised on Suitable. I could not find these hearings listed on Suitable, nor could I find any other advertisement of them (such as through social media accounts). Additionally, a later clause requires that “no active student, administrator, staff, or officially recognized affiliate of Illinois Institute of Technology shall be barred from being physically present at Finance Board Hearings”. I would argue that not advertising these meetings effectively bars people from attending, as they do not know where or when to attend, so even if OSL policy didn’t mandate advertisement, they might be required to advertise these anyway.
This section also specifies that, under IL 098-1142, these hearings are considered public and therefore not covered by eavesdropping protections, meaning that consent is not required for a recording. According to this law, eavesdropping occurs when recording “any oral communication between two or more persons, when one or more of the parties intended the communication to be of a private nature under circumstances reasonably justifying that expectation”. I could see a good-faith argument that discussion of finances might warrant a reasonable expectation of privacy, but per the Bylaws, it does not. Because this is exempt from eavesdropping protections, no one in FB is required to give consent for these recordings. This means there is basically no reason that FB can use to justify why they don’t record hearings.
This also connects back to something I spoke about last week. Under §5.8.3.3, no one in FB can prevent these recordings from being made. When someone tried to record anyway, they faced hostility in an attempt to prevent this. I’m not a lawyer, but given these meetings are not privileged and generally making a recording is considered a free speech right under the First Amendment, these actions might be illegal. This isn’t just FB policy anymore. Using force or coercion to prevent someone exercising their rights can have legal consequences.
Next, all FB documents, including “unredacted ledger[s], balance sheets, meeting notes, and archived documents” must be made available to anyone with valid Illinois Tech identification within five business days of request. Additionally, if a recording is not published, they must also be made available to any “active student, administrator, staff, or officially recognized affiliate” of Illinois Tech within five business days. I made requests for these documents and recordings under these provisions. Last semester, FB Chair (FB-C) Nya Harrison said that the section was deemed not helpful, so didn’t provide them. This semester, Harrison just didn’t respond.
Finally, an FB Archivist (FB-A) is supposed to be appointed to ensure compliance with all of this. As far as I can tell, there is no current FB-A. In the absence of one, the FB Chair (FB-C) is supposed to handle everything. Admittedly, Harrison did handle things last fall. However, she has not responded this semester.
Editorializing for just a moment, there is a part of me that is almost impressed at just how far out of compliance FB is for §10. Not only are they not following any of the policies, but in some cases, the way they choose to not follow them is questionably legal.
Regardless, there is one group that FB, and Harrison in particular, all seem to blame when these concerns are raised. They consistently say these policies are at the direction of OSL. I’m going to spend most of next week looking into the role of OSL within budgets. I do think that many students do have a flawed understanding of OSL’s role in the budget process. And if FB is going to use OSL as a metaphorical shield for their actions, examining the role they play is relevant. However, I’m not certain that OSL is the silver bullet FB would like them to be – and regardless, FB is demonstrably out of compliance with basically all of §10.
Finance Board did not respond to requests for comment.