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Monday, August 3, 2009

Monday, August 3, 2009

From CUCFA: Legal Update on The Emergency

THE “EMERGENCY” –A LEGAL UPDATE
Robert Meister
President, Council of UC Faculty Associations (CUCFA)

Emergency powers are typically used to impose secrecy and sidestep normal procedures. The “Extreme Financial Emergency” declared by the Regents allows President Yudof do this. He can “suspend the operation of any existing Regental or University policies …inconsistent with the terms [he] deems necessary..to…implementation.”

CUCFA asked UC’s General Counsel whether President Yudof can do this without notice—i.e. in secret. The answer is “that the President intends to provide notice of policies or procedures to be suspended during the Plan term.” CUCFA (along with SCFA) are among the groups entitled to receive such notice. We will post anything alarming on our website (www.cucfa.org) and on this blog.

Bob Meister
President, Council of UC Faculty Associations (CUCFA)

PS It’s still an “emergency,” so President Yudof could, conceivably, change his mind without giving notice. But this letter provides assurance that we will know if and when secrecy has been imposed—and that we can expect transparency in the meanwhile. We should take this opportunity to demand greater transparency during the “emergency.”

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