Question:
Is it allowable for a student government to pass a motion/resolution to disburse an amount of funds from one year to the next and so on (in perpetuity?) without it being reauthorized each year?For example, if ASB wants to share profits from vending machines with the Athletic Dept. in recognition of all the ways the Athletic Dept. benefits the student body and school as a whole; can they pass a resolution that says each year a set share of the profits will go to the Athletic Dept? Does that have to be reauthorized each year or can it be worded that it will continue year in and year out until rescinded by an ASB?
Response: In order for ASB funds to be spent, Education Code section 48933
requires that ASB funds must be spent with the preapproval of three people: an employee or official of the school district designated by the governing board, the ASB advisor (must be a certificated employee), and a student representative of the ASB organization. We don’t believe that a decision can be made that the ASB take money from future students for a purpose that those students did not vote on. Remember, clubs are raising money for a specific purpose that is voted upon by the students on an annual basis. The clubs having to use their fund-raising proceeds to cover a previous classes’ decision is not fair to those current students. Our recommendation is that the motion/resolution would need to be approved EACH year, rather than being in place until formally rescinded by ASB.9/7/07
