Records Show Liston Violated Several By-Laws

The vice president of the Undergraduate Council has failed to enforce the attendance policy and may have changed records to cover up his failure, according to The Crimson's review of internal council records.

Joshua D. Liston '95 may face recall from office, as specified in the council by Laws, for neglecting to expel at least seven council members who missed an excessive number of meetings, The Crimson has learned.

Liston also appears to have disregarded at least 33 absences reported by a council committee.

"If the alleged improprieties are true, that's a blatant violation of the council's by laws," says council member Rene Reyes '95, a former treasurer of the student government.

"One or two isolated errors might conceivably be explainable," he adds. "But an execss of 20 or 25 absence, some of which have an impact on membership, grossly exceeds the limits of propriety and understanding,"

Liston's failure to expel truant council members would place him in direct violation of section 22.5 of the by laws, according to Council parliamentarian David A. Smith '94.

And section 22.9 of the by-laws notes that "any failure on the part of the vice president of enforce the attendance policy may be substantive grounds for recall."

Records also suggest that Liston did not hold special elections to fill at least three council vacancies created before spring break. This inaction--which left several houses under-represented on the council--would also constitute a violation of the by-laws.

The documents raise new questions about Liston's conduct in office. Already last week, the vice president came under fire for his president came under fire for his administration of the referendum term bill hike.

That referendum was invalidated Sunday night because of numerous alleged improprieties. During the voting, ballots were left unsecured, multiple voting was possible and council members tabled in their own house in violation of the body's by-laws.

Discrepancies

As vice president, Liston is charged with enforcing the council's attendance procedures. Section 22.5 of the by-laws says the vice president "must expel any member who has been absent from five or more" council or committee meetings, in any combination.

On Sunday, Liston gave The Crimson an overall attendance report showing that no council member has more than five absences.

But records form six student affairs committeemeetings show Liston's report is incorrect. Infact, the vice president's list does not include33 absences on records submitted to Liston bystudent affairs committee secretary Denise A.Ebery '95.

Ebery confirmed this week that the committeerecords requested form her and reviewed by TheCrimson are the same as those given to Liston. Inan interview, the student affairs committee vicechair, Justin C. Label '97, called Ebery's records"exceedingly well kept."

Liston said yesterday that he had bot heard ofany problems with his attendance records. hestressed that "somebody needs to bring thediscrepancies to my attention" before action canbe taken.

"It's kind of hard to comment when I don't knowwhat happened," Liston said.

The discrepancies in records are notconcentrated in one or two meetings. In fact,discrepancies between committee documents andListon's list were discovered on all six dates forwhich The Crimson could obtain records. There is alow of one contradiction for the student affairsmeeting on February 28, and a high of 10discrepancies for the April 12 meeting.

Liston acknowledges that his list was notupdated for the April 19 student affairs committeemeeting.

But at last Sudnay's council meeting--a fullfive days after the committee meeting--Liston readan inaccurate list of name of council members withmore than three absences. Ebery says she submittedthe committee meeting records to Liston two daysbefore Sunday's council meeting.

The records also suggest that Liston's mistakecould not have resulted from the misplacing of alist. For every meeting but the one on April 19,at least one absence marked on Ebery's list ismatched on Liston's record.

If the absences form student affairs committeemeetings are counted, five current council membersshould have been expelled.

The most prominent of these five delegates isformer council chair Michael P. Beys '94. Beys andListon are both members of the Say final club, andmany council members say they consider the formercouncil chair to be Liston's political ally.

Beys defends Liston's records on attendanceenforcement. "Josh, as far as attendanceenforcement. "Josh as far as attendance isconcerned, seems to me to be a hard-liner," hesays.

The other four student affairs committeemembers who would have been expelled if Ebery'srecords had been followed are Danielle D. Do '94,Mark R. Kozek '94, Gregory J. Davis '94-'96 andBradford E. Miller '97.

Executives Absent

In addition to student affairs discrepancies,minutes form council meetings show that Listonfailed to record Several absences for certaincouncil executives.

For example, Listons records show that Jay I.kim '95, chair of the finance committee, waspresent for the entire council meeting on March13.

But Kim himself says he was in a show thatnight and "probably missed the entire meeting."The minutes form March 13 support that suggestion.They say that, on that night, the finance vicechair, Diallo A. Riddle '97, gave the committeereport usually delivered by Kim.

In addition, Kim acknowledges that he missedone meeting of the finance committee right beforespring break.

But Kim is credited with perfect attendance atcommittee meetings by Liston.

If Kim indeed missed the committee meeting andthe March 13 council meeting, the finance chairshould have been expelled as well.

In another case, Liston's failure to keep theattendance records properly may have led him todelay a member's expulsion. The vice presidentthrew Demetrice G. Spiliotis '96 off the councilafter Spiliotis missed Sudnay's opening roll calland recorded his fifth absence.

But student affairs committee records how thatSpilioti's absence was his eighth and that therepresentative should have been expelled weeksearlier.

Liston said yesterday that if there were anydiscrepancies, he would "deal with it when ithappens."

Asked if he would expel the six members ifthere was indeed evidence that they should havebeen expelled earlier, Liston responded: "If needbe."

Smith, the council parliamentarian, said thateven if Liston were to expel all six members attomorrow night's meeting, he would still be inviolation of section 22.5 and could face recall.

"Those members should not have been allowed tovote at previous council meetings," Smith said."it changes the number [required] for quorum atwo-thirds vote, [and] three-fourths vote."

Student affairs is the second largest of thethree council committees. The Crimson was not ableto review documents form the council's largestcommittee campus life, because copies of theoriginal records have not been retained, accordingto committee vice chair Rudd W. Coffey '97. Andthe finance committee records were alsounavailable, according to Riddle.

Suspension of the By-Laws?

In addition to his failure to expel members,Liston did not give the required public warningfor members with significant numbers of absencesduring five consecutive council meetings hisspring.

Section 22.3 of the by-laws mandates that thevice president publicly warn any members who hasbeen absent from "three council meetings, threecommittee meetings, or a combination of four ofboth per semester."

Liston says he announced on march 6 that hewould stop giving out public warnings in order tospare members humiliation.

But Liston's announcement should have requireda suspension of the by-laws, which can only comewith a two-thirds vote of the council.

Instead, Liston says he announced the newpractice, asked if there were any objections andsaw none. The matter was never put to the requiredvote.

"I said, "if there are no objections, I take itas such," Liston says. "And there were none."

But Secretary Brandon C. Gregoier '95 says theminutes of the march 6 meeting contain no recordof a formal motion to change the procedure onpublic warnings.

"As far as my knowledge, there was no motionmade," Gregoire says.

Gregoire, who was serving as actingparliamentarian at the time, says it is necessaryto make a formal motion before one can suspend theby laws.

"I did tell him that," Gregoire says. Thesecretary also says Liston assured him at the timethat the matter would be discussed later.

Special Elections Problems

Liston also may have violated the by-laws byfailing to bold two special elections in DudleyHouse and one in Duster House to fill vacanciesthat occurred before spring break.

An issue of the council's official newsletterwhich was published before spring break listsvacant seats in Dudley and Dunster.

According to the constitution, any vacancyoccurring before spring break must be filled by aspecial election.

An vice president, Liston is in charge ofadministering such elections.

President Carey W. Gabay '94 declined tocomment on the latest round of allegations.

But council member Christopher J. Garofalo '94laments the impact of the potential scandal on thecouncil.

"I believe this is a very serious problem withmuch at stake," Garofalo says. "The integrity andfuture of the council are in great jeopardy."

Garofalo says in past "scandals," the councilupheld its integrity by "swift and responsibleaction."

"I hope this problem can be rectified in asimilar manner so as not to jeopardize ourfuture," Garofalo says.

But Treasurer Jamila A. Braswell '95 saysListon has done a good job as vice president. Shesays he does not deserve to be recalled if thealleged improprieties are true.

"I wouldn't want to apt someone one the backfor [evading] the by-laws, but I do see the meritin what Josh did this semester," Braswell says."The problem may not be with him, but with our bylaws."

And Beys says he doesn't believe the evidenceagainst Liston is entirely true.

"there are a lot of circumstances and trickythings," Beys says. "There's some veryquestionable evidence."

"Thirty [discrepancies] to me soundspreposterous."

Campaign Promises

The charges against Liston are especiallyironic when considered in the light of hiselection-night campaign speech for vice president.

Making fun of the administrative minutiaerequired of the vice president, Liston evaluatedhis ability to do menial tasks like takingattendance.

"I cannot take attendance any better than" hisopponents, Liston said in his speech. "But I couldjust as well as they could."CrimsonAlex B. LivingstonOdd numbers Number of meetings missed byeight U.C. members in the past semester. U.C.bylaws permit each member no more that five (5)absences per semester.

But records form six student affairs committeemeetings show Liston's report is incorrect. Infact, the vice president's list does not include33 absences on records submitted to Liston bystudent affairs committee secretary Denise A.Ebery '95.

Ebery confirmed this week that the committeerecords requested form her and reviewed by TheCrimson are the same as those given to Liston. Inan interview, the student affairs committee vicechair, Justin C. Label '97, called Ebery's records"exceedingly well kept."

Liston said yesterday that he had bot heard ofany problems with his attendance records. hestressed that "somebody needs to bring thediscrepancies to my attention" before action canbe taken.

"It's kind of hard to comment when I don't knowwhat happened," Liston said.

The discrepancies in records are notconcentrated in one or two meetings. In fact,discrepancies between committee documents andListon's list were discovered on all six dates forwhich The Crimson could obtain records. There is alow of one contradiction for the student affairsmeeting on February 28, and a high of 10discrepancies for the April 12 meeting.

Liston acknowledges that his list was notupdated for the April 19 student affairs committeemeeting.

But at last Sudnay's council meeting--a fullfive days after the committee meeting--Liston readan inaccurate list of name of council members withmore than three absences. Ebery says she submittedthe committee meeting records to Liston two daysbefore Sunday's council meeting.

The records also suggest that Liston's mistakecould not have resulted from the misplacing of alist. For every meeting but the one on April 19,at least one absence marked on Ebery's list ismatched on Liston's record.

If the absences form student affairs committeemeetings are counted, five current council membersshould have been expelled.

The most prominent of these five delegates isformer council chair Michael P. Beys '94. Beys andListon are both members of the Say final club, andmany council members say they consider the formercouncil chair to be Liston's political ally.

Beys defends Liston's records on attendanceenforcement. "Josh, as far as attendanceenforcement. "Josh as far as attendance isconcerned, seems to me to be a hard-liner," hesays.

The other four student affairs committeemembers who would have been expelled if Ebery'srecords had been followed are Danielle D. Do '94,Mark R. Kozek '94, Gregory J. Davis '94-'96 andBradford E. Miller '97.

Executives Absent

In addition to student affairs discrepancies,minutes form council meetings show that Listonfailed to record Several absences for certaincouncil executives.

For example, Listons records show that Jay I.kim '95, chair of the finance committee, waspresent for the entire council meeting on March13.

But Kim himself says he was in a show thatnight and "probably missed the entire meeting."The minutes form March 13 support that suggestion.They say that, on that night, the finance vicechair, Diallo A. Riddle '97, gave the committeereport usually delivered by Kim.

In addition, Kim acknowledges that he missedone meeting of the finance committee right beforespring break.

But Kim is credited with perfect attendance atcommittee meetings by Liston.

If Kim indeed missed the committee meeting andthe March 13 council meeting, the finance chairshould have been expelled as well.

In another case, Liston's failure to keep theattendance records properly may have led him todelay a member's expulsion. The vice presidentthrew Demetrice G. Spiliotis '96 off the councilafter Spiliotis missed Sudnay's opening roll calland recorded his fifth absence.

But student affairs committee records how thatSpilioti's absence was his eighth and that therepresentative should have been expelled weeksearlier.

Liston said yesterday that if there were anydiscrepancies, he would "deal with it when ithappens."

Asked if he would expel the six members ifthere was indeed evidence that they should havebeen expelled earlier, Liston responded: "If needbe."

Smith, the council parliamentarian, said thateven if Liston were to expel all six members attomorrow night's meeting, he would still be inviolation of section 22.5 and could face recall.

"Those members should not have been allowed tovote at previous council meetings," Smith said."it changes the number [required] for quorum atwo-thirds vote, [and] three-fourths vote."

Student affairs is the second largest of thethree council committees. The Crimson was not ableto review documents form the council's largestcommittee campus life, because copies of theoriginal records have not been retained, accordingto committee vice chair Rudd W. Coffey '97. Andthe finance committee records were alsounavailable, according to Riddle.

Suspension of the By-Laws?

In addition to his failure to expel members,Liston did not give the required public warningfor members with significant numbers of absencesduring five consecutive council meetings hisspring.

Section 22.3 of the by-laws mandates that thevice president publicly warn any members who hasbeen absent from "three council meetings, threecommittee meetings, or a combination of four ofboth per semester."

Liston says he announced on march 6 that hewould stop giving out public warnings in order tospare members humiliation.

But Liston's announcement should have requireda suspension of the by-laws, which can only comewith a two-thirds vote of the council.

Instead, Liston says he announced the newpractice, asked if there were any objections andsaw none. The matter was never put to the requiredvote.

"I said, "if there are no objections, I take itas such," Liston says. "And there were none."

But Secretary Brandon C. Gregoier '95 says theminutes of the march 6 meeting contain no recordof a formal motion to change the procedure onpublic warnings.

"As far as my knowledge, there was no motionmade," Gregoire says.

Gregoire, who was serving as actingparliamentarian at the time, says it is necessaryto make a formal motion before one can suspend theby laws.

"I did tell him that," Gregoire says. Thesecretary also says Liston assured him at the timethat the matter would be discussed later.

Special Elections Problems

Liston also may have violated the by-laws byfailing to bold two special elections in DudleyHouse and one in Duster House to fill vacanciesthat occurred before spring break.

An issue of the council's official newsletterwhich was published before spring break listsvacant seats in Dudley and Dunster.

According to the constitution, any vacancyoccurring before spring break must be filled by aspecial election.

An vice president, Liston is in charge ofadministering such elections.

President Carey W. Gabay '94 declined tocomment on the latest round of allegations.

But council member Christopher J. Garofalo '94laments the impact of the potential scandal on thecouncil.

"I believe this is a very serious problem withmuch at stake," Garofalo says. "The integrity andfuture of the council are in great jeopardy."

Garofalo says in past "scandals," the councilupheld its integrity by "swift and responsibleaction."

"I hope this problem can be rectified in asimilar manner so as not to jeopardize ourfuture," Garofalo says.

But Treasurer Jamila A. Braswell '95 saysListon has done a good job as vice president. Shesays he does not deserve to be recalled if thealleged improprieties are true.

"I wouldn't want to apt someone one the backfor [evading] the by-laws, but I do see the meritin what Josh did this semester," Braswell says."The problem may not be with him, but with our bylaws."

And Beys says he doesn't believe the evidenceagainst Liston is entirely true.

"there are a lot of circumstances and trickythings," Beys says. "There's some veryquestionable evidence."

"Thirty [discrepancies] to me soundspreposterous."

Campaign Promises

The charges against Liston are especiallyironic when considered in the light of hiselection-night campaign speech for vice president.

Making fun of the administrative minutiaerequired of the vice president, Liston evaluatedhis ability to do menial tasks like takingattendance.

"I cannot take attendance any better than" hisopponents, Liston said in his speech. "But I couldjust as well as they could."CrimsonAlex B. LivingstonOdd numbers Number of meetings missed byeight U.C. members in the past semester. U.C.bylaws permit each member no more that five (5)absences per semester.