The Carolinian [September 25, 1975]

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September 25, 1975 The University of North Carolina at Greensboro Volume LV Number?
Students file petition for injunction against Elliott Hall
'Justice would be compromised by an open meeting'
BY EDDIE BOWEN
Associate News Editor
A petition for an injunction against
Elliott Hall, filed by Cliff Mitchell,
Ken Darr, and Mack Davis, was denied
Wednesday night by the Student
Government Association Superior
Court, Superior Court Justice Martie
Groome presiding.
"We, the undersigned," the
plaintiffs (Mitchell, Darr, and Davis)
stated in their petition, " do hereby
petition the Superior Court of the
Student Government Association of
the University of North Carolina at
Greensboro for the purpose of
injunctive action against the Elliott
University Center Executive Board and
the Elliott University Center Council,
seeking them to cease actions
inconsistent with the Constitution and
By-Laws of said Student Government
Association..."
The petition went on to contend
that the Elliott Hall Executive Board
and Elliott Hall Council were subject
to provisions set forth in the
constitution and by-laws of SGA. The
plaintiffs further argued that the
Elliott Hall Council and its Executive
Board should comply with the
procedures for maintaining financial
records and requisitions for allocation
of student activity fees.
Barry Frasier, SGA Vice President,
Kaplitz-best TV reporter
BY PAM BLACKBURN
Staff Writer
WFMY-TV newsman Bob Kaplitz, a
part-time instructor at UNC-G, has
been named the best TV investigative
reporter in the United States and
Canada by the Radio-TV News
Directors Association International.
Kaplitz, who teaches Television News
Production (DS 392), accepted the
award in Dallas. Texas for a
three-month series of investigative
reports about corruption in the High
Point, N.C. police department, which
ultimately led to the firing of the chief
of police. A TA million dollar libel suit
brought against Kaplitz was dropped
when his stories were confirmed by
witnesses testifying under oath before
the city council.
The award to Kaplitz was the
highest won in the history of
WFMY-TV. In a separate competition,
Kaplitz's series was selected as the best
investigative work in both North and
South Carolina by the Radio-TV News
Directors Association of the Carolinas.
Kaplitz's course in TV news
touches on investigative reporting
techniques. The course is scheduled to
be offered in the spring on Thursday
evenings.
Kaplitz, whose stories are
frequently used by CBS News is a New
York City native and received his B.A.
in psychology from the State
University of New York and his M.S.
in communications from Syracuse
University.
presented his interpretation of the
constitution in a amici curiae brief to
the Superior Court, stating, "I agree
with the interpretation of the
plaintiffs."
Donna Benson, SGA Attorney
General, told the Superior Court
members, the plaintiffs, and media
personnel present prior to the meeting,
that the procedure for " a petition for
injunction is the same as a petition for
appeal." She then announced that the
session would be closed to everyone
other than superior court members.
She cleared the courtroom, advising
the plaintiffs " to make themselves
available for questioning."
Attorney Michael Curtis of the
American Civil Liberties Union, when
told in a telephone interview with The
Carolinian that media personnel had
been barred from the courtroom,
stated, "they should let you in there."
He further explained that the only
judicial processes closed are appellant
deliberations and jury deliberations.
Answering complaints from the
plaintiffs and from media personnel,
Ms. Benson stated that she had the
power to close the meeting because it
was not a trial and not a hearing.
Frasier contended that Ms. Benson
had "no power under the constitution
to close sessions." The plaintiffs
agreed with Frasier and said the
constitution could conceivably give
the Chief Justice the power to close a
judicial meeting, but not the Attorney
General.
Mitchell, learning later that Ms.
Terry Weaver, assistant director of
Elliott Hall had been called before the
court, contended that her "testifying"
rendered the meeting a hearing.
Ms. Benson answered by saying
that the meeting was "a preliminary
proceeding, not a hearing," and that
Ms. Weaver had been called in "for the
purpose of answering questions."
Meanwhile, Chief Justice Groome,
answering questions from The
Carolinian personnel, stated that she
felt "justice would be compromised by
an open meeting," and that she could
According to American Civil Liberties Union, 'the media should have been allowed into the courtroom.'
Staff Photo by Nancy Raid
constitutionally close the meeting on
those grounds. She then threatened
The Carolinian editor and a Carolinian
photographer with contempt of court
when the photographer took a picture
in the courtroom.
No charges were filed against Cary
personnel.
As the closed meeting continued,
plaintiffs Mitchell and Darr. along with
Frasier contacted Vice Chancellor of
Student Affairs James Allen over the
telephone. They argued that Ms.
Benson did not have the right to close
the proceedings. Mitchell asked Allen
if there were any other "avenues after
the Superior Court for errors of
procedure." Allen responded that as
far as he knew there were none.
"Are there any outlets for appeal
to the chancellor?" Darr inquired.
Allen stated that he didn't think it
would ever come before the
chancellor. "Everytime one branch of
the student government gets upset
with another branch of the student
government and takes it to the
chancellor, it's a further weakening of
student government," said Allen.
Frasier intends to meet with Allen
sometime today to discuss the matter.
After almost 4 hours of
deliberation. Chief Justic Groome
announced that the petition for
injunction had been denied.
When The Carolinian inquired
whether Ms. Benson or Ms. Groome
had officially closed the meeting, Ms.
Benson said that she had, and Ms.
Groome said that she had.
Delegation selected
Grads argue admission;
Lowery explains funding
Graduate students listen intently to undergraduate representation.
Staff Photo by Tom Malton
BY EDDIE BOWEN
AND NANCY DAVIS
Senate Correspondents
In Tuesday's regularly scheduled
Student Senate meeting the Senate
heard a constitutional change which
would give graduate students the
option of being members of the
Student Government Association. The
bill was sent back to committee and
will be voted on next Tuesday.
The change, as presented by Senate
President Barry Frasier, would affect
Article II of the Constitution of the
Student Government Association by
adding "and graduate" after
"undergraduate". The article as it
reads now says "All undergraduate
students of the University of North
Carolina at Greensboro paying the
campus organizational fees are ipso
facto members of this organization
and shall be governed by the
Mitchell, board upset over MAC criticism
BY NANCY DAVIS
Associate Editor
In an interview with The Carolinian
following the Senate meeting. Cliff
Mitchell, chairperson of the Major
Attractions Committee, responded to
statements made by Dean Cliff
Lowery during the Tuesday night
session.
Elaborating on a statement by
Lowery that Elliott Hall could have
gotten Linda Ronstadt "for free,"
Mitchell explained "Dean Lowery
exaggerated by saying by saying that
she (Ms. Ronstadt) would perform for
free.
' Anybody in his right mind should
realize that a rock star who is getting
between $12,000 to $20,000 per
performance, would not do a free
concert at UNC-G.
"What happens, arrangements made
between the promoters and the artists'
agents are such that the artist is
guaranteed a lower than normal fee,
but takes a higher percentage of the
gate receipts."
Mitchell added that "there would
be a normal charge for the tickets."
Answering Lowery's charge that
the Elliott Hall Council Concert
Committee and the SGA Major
Attractions Committee were in
conflict with one another, Mitchell
said, "Through the conversations that
MAC has had with Kaye Flynt (Elliott
Hall Council Concert Committee
chairperson) and with Dean
Lowery...we were under the
impression that we would work
together on some concerts but neither
would be limited to only
co-sponsoring concerts."
He also said that the members of
the Executive Board of MAC were
disappointed over Dean Lowery's
attack on the Major Attractions
Committee.
The committee was established last
spring by the Student Senate and is
given an annual allocation of $25,000
with which to provide the campus
with major attractions.
Mack Davis, business manager of
the committee, said that the
committee was set up by the Senate
"because the Elliott Hall Council did
not have the money to provide the
students of UNC-G with big name
groups."
Mitchell announced that the Major
Attractions Committee was unable to
book Linda Ronstadt for a concert
appearence at UNC-G this fall as Ms.
Ronstadt is not planning any personal
appearences in the near future. He
declined to comment on current
negotiations for alternate bookings.
-o
Cliff Mitchell, Chairperson of the
Major Attractions Committee
Constitution."
Two graduate students, Holly
Ersenn and Elaine Russell, after being
granted speaking privileges by the
body, informed the Senate of a
graduate student governing body
which had been established with in the
South Spencer Graduate Center. "How
can we be under two governing
bodies," one of the graduate students
said. "We can't be half and half, we
have to be one or the other, she added.
Speaking for the motion, Frasier
said that he felt they were "excluding
an entire body (from the SGA)." He
further explained that paying the
organizational fees and becoming a
member of SGA would be "strictly
optional to graduates."
The Senate was addressed by
Newton Beck, the new Director of
Campus Security, and Cliff Lowery,
Dean of Students for Student
Development and Programs. Beck
spoke about the Campus Security
Department, and various proposals he
wished to see instituted. Answering a
query from Mark Dionne
(Senator-Guilford), Beck said that at
the present time there were no
undercover narcotics agents on
campus, adding that things may
change in the future.
He also said that he would like to
see students working with the Campus
Security Department, and encouraged
any student that was interested to
apply for positions.
Dean Lowery addressed the body
in order to explain the system of
funding and the methods of allocation
used by Elliott Hall in setting up their
annual budget. He also answered
questions from members of the body
about specifics in their allocation
methods.
Lowerey explained that over 50%
of the Elliott Hall annual budget is
allocated for salaries and wages. Half
of Lowery's salary comes from this
fundj as well as salaries for other
Elliott Hall directors and wages for
student employees in the union.
The UCLS program also gets a
sizable proportion of the annual
allotment. The Elliott Hall Council is
given approximately $30,000 out of
the total $180,000 they have to work
with.
Lowery also announced that Elliott
Hall was co-sponsoring several events
with various Type II organizations
funded through the Student
Government Association, and
indicated a desire for this type of
cooperation to continue.
Answering a question from Ann
Brandes (Senator-Town Students),
Lowery said that, in his opinion, the
Major Attractions Committee of the
SGA was simply a duplication of th
Answering a question from Ann
Brandes (Senator-Town Students),
Lowery said that, in his opinion, the
Major Attractions Committee of the
SGA was simply a duplication of the
Concerts Committee of the Elliott Hall
Council. He said that the Concerts
Committee and Special Events
Committee of EH Council were
working together in an attempt to
bring Linda Ronstadt to campus.
Lowery went on to say that these
committees could have brought Ms.
Ronstadt to campus "for free" but the
promotion company the committees
were working with heard the "Major
Attractions Committee had put in a
bid also and that they had a lot of
money to spend on a concert." The
promotion company decided to wait
for the Major Attractions Committee
to put in a bid instead of opting with
Elliott Hall. He added that this was
probably the first of many conflicts
that would arise as a result of the two
committees trying to provide the
campus with concerts.
In other business, the Senate
approved the members of the court
staff, approved the Star Trek Club as a
Type I organization, and selected 35
students as delegate* to the North
Carolina Student Legislature.