The Associated Students must adhere to the rules of procedure set out in its constitution and bylaws - but the chairman of the Undergraduate Senate says those rules do not explain all the situations the Senate faces.

In a meeting Sept. 11 to approve programs and services directors, the Undergraduate Senate went into executive session to privately discuss the appointments. An Arizona Daily Wildcat reporter objected to the closed meeting because of a possible violation of ASUA's bylaws and the Arizona Open Meetings Law.

"We try to abide by our constitution as closely as possible, but as students, we are still in training," said Undergraduate Sen. Maile Weigele.

ASUA bylaws state all legislative body meetings must conform to the Arizona Open Meetings Law. The law states that 24 hours notice must be given to the public if any meeting, including an executive session, is to be held. A public body can call an executi ve session only in specific instances, such as when it is discussing matters like personnel decisions or consult-ing with a lawyer. Advance notice of the meeting must state the specific provision of the law authorizing the executive session.

However, advan-ced notice of an executive session was not on the meeting's agenda.

The Arizona Open Meetings Law states an executive session may be called in case of an actual emergency, but public notice must be posted within 24 hours stating that an executive session has been held and setting forth the specific legal provisions author izing the session.

"We had ample reason to go into executive session," said Senate Chairman Gilbert Davidson. "We were discussing very private matters."

Sen. Casey Cuny said the executive session was an emergency because of controversy involving the appointment of Ann Fowler, psychology sophomore, as director of the Association of Students with Disabilities.

Minutes of the Senate meeting released the following day did not include the Wildcat's objection to the closed meeting nor did they provide legal explanation for the emergency executive session. The Wildcat, however, sent a letter to Davidson requesting that the protest be included in the minutes.

At the Senate meeting in question, disabled students gathered and presented to the Senate a petition signed by 24 ASD members objecting to the appointment of Fowler as director.

"Going into the meeting, we already had our minds made up about the appointments," Cuny said. "With the added attention from ASD, we needed to re-evaluate things. The executive session definitely helped in the decision-making process."

Davidson said the Senate was unaware of the law pertaining to executive sessions, but did not look into the matter after the Wildcat objected to the session because the Senate had to go on with the meeting.

"We felt there was nothing to investigate," Davidson said.

He acknowledged that ASUA must abide by the guidelines of its constitution, but added, "the constitution does not explain some of the specific situations we have to come up against."

Jim Drnek, ASUA's adviser and an assistant dean of students, said because of the limited scope of ASUA legislation, it is not expected to comply with all of the specific provisions of the law.

"They make every attempt to adhere to the law," he said. "But occasionally, mistakes are made."

Drnek said he did not think any laws were violated, but said ASUA is now paying more attention to their constitution and bylaws.

"ASUA definitely needs to abide by the rules of their constitution," said January Contreras, chief justice of the ASUA Supreme Court.

Contreras said that based on her past experience with student government, ASUA had the right to convene privately to discuss the appointments, however, she was not sure whether any unforeseen circumstances at the meeting created the need for an emergency executive session.

"I would have to hear all of the facts," she explained.

Contreras said the Wildcat can ask the court for an advisory opinion on the alleged violations in the meeting.

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