March 25-26, 2004

ITEM 122-103-R0304:  Repeal of Policy 940.24 Collection and Remittance of Fees for Student, Non-profit and Non-partisan organization; The University of Montana-Missoula

Proposed Board Action - Policy 940.24 (reproduced below) is hereby repealed effective immediately. However, this repeal shall not diminish or negate any right or duty contained within the current contract dated May 7, 2003 between the Associated Students of the University of Montana (ASUM) and the Montana Public Interest Research Group, Inc. (MontPirg) except Article VI allowing renewal of the contract upon its expiration after summer session. During the term of the contract the University of Missoula shall continue to do all things necessary to allow ASUM and MontPirg to fulfill their responsibility under the contract.

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Explanation This amendment is intended to give an option to merely amending 940.24 or maintaining the status quo. The repeal does not take effect immediately because ASUM and Montpirg last year entered into a two year contract in reliance on the current policy. The Regents might be open to an impairment of contract claim if the repeal was seen as negating that contract.

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Current Policy

The Associated Students of The University of Montana-Missoula is authorized to collect a special and voluntary fee of any amount up to, but not exceeding $3 per semester on behalf of Montana Public Interest Research Group; and to remit the proceeds thereof to that corporation under the following terms and conditions.

Procedures:

1. The corporation must be a Montana non-profit and non-partisan corporation run solely by University of Montana-Missoula students.

2. The articles of incorporation and by-laws of the corporation shall assure that the procedures and activities of the corporation are democratically controlled by Montana college students of the University of Montana, and shall clearly limit the corporate activities to those activities which advance the general welfare of students consistent with the overall educational mission of The University of Montana-Missoula.

3. The fee be collected incidental to the regular registration process and that it be made clearly known to each student that it is a voluntary fee.

4. The fee collection process be initiated only after it has been clearly demonstrated that there is general and substantial support for the corporation among the students of The University of Montana-Missoula.

5. An assessment of collection and disbursement costs of up to 3.5% of all funds collected shall be deducted prior to remittance to the corporation of the balance of the fees collected.

6. The agreement between ASUM and MontPIRG entered into pursuant to the authority of this policy shall be for a period of two years. This agreement shall be renewed by:

a. the majority vote of the students voting on continuation of the MontPIRG voluntary student fee in a referendum to be held either as a part of winter term registration or to coincide with ASUM spring elections and with voting to continue until at least 25 percent of the student body votes; or by,

b. a majority of the U of M student body signing a petition in support of continuing the MontPIRG voluntary student fee.

Definitions:

Voluntary Fee: For purposes of this policy a voluntary fee is one that is assessed only when a student makes a positive designation that the student wishes to pay the fee.