The Commentator
Volume 67, Issue 4
November 10, 2002
Kislev 5763


 

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Volume 67, Issue 4  

Incompetence Means No Presidents for JSS, SBMP

by Alexander Chester

 

A new constitution, a Student Services shake-up, honest mistakes, and assumptions by a number of people have resulted in leaving half of Wilf Campus undergraduates without a president representing their Jewish Studies Programs.  Almost two months into the semester, both the Stone Beit Medrash Program (SBMP) and the James Striar School (JSS) are without presidents. 

In the elections last spring, there were no candidates running for president of either JSS or SBMP. Under the circumstances, the constitution stipulates that the write-in candidate receiving the most votes becomes president.  Sy Syms (SSSB) junior Khashayar Hakimian wanted to be JSS President, but he neither applied on time nor ascertained the required number of petition signatures. So, then-Canvassing Committee Chairman and Yeshiva College senior Jonathan Mantell told him that his only option was to run as a write-in. Hakimian did just that and subsequently won the election.

YC Junior Jon Cohen, on the other hand, was a little more impulsive. According to Cohen, the lack of other contender coupled with his willingness to perform lead him to write himself in along with some of his friends.  In a matter of hours, Cohen was SBMP president.

But both tenures were short-lived.  According to the constitution, the president of a Jewish Studies program must be a senior in good standing who has been enrolled in the program for a minimum of four semesters. Hakimian is not a senior, and Cohen had not fulfilled either of those requirements. 

Under the normal verification process, after a candidate applies for a position, the Canvassing Committee goes to the Office of Student Services to confirm the candidate’s eligibility.  For obvious reasons, the rules are usually reversed with respect to write-ins – first the candidates wins the election then his qualifications are cross referenced. 

If the winning write-in candidate is disqualified the eligible write-in candidate with the most votes wins the elections. The possibility of “bumping” up the victors – whereby the vice president would become president, treasurer/secretary would become vice president – is unconstitutional; an elected official must win his position without exception. If the president is unable to fulfill his duties, new elections must be held.

According to YC junior Danny Ackerman, who now heads the Canvassing Committee, the committee never used to check write-ins; it just happened that they were always eligible. “There is no official way of keeping track of who the elected officials are in this school,” said Ackerman. Cohen and Hakimian “made the mistake of voting themselves in without checking their eligibilities.”   That said, Ackerman conceded that it is the Canvassing Committees responsibility to verify candidates qualifications not students’.

After the ballots were tallied, Mantell stumbled upon Hakimian’s ineligibility and immediately informed him.  Cohen, on the other hand, was not informed right away.  Over the summer, months after the election, there was an attempt to contact Cohen. But according to Yeshiva Student Union President Shai Barnea, two things happened impeding the process. The first was the Student Services shake-up, in which Avi Rosman was fired. The second was the existence of a second Jonathan M. Cohen (Cohen’s full name) at Yeshiva. Barnea claims that he spoke with Rosman over the summer, and was told that there was a second Jon Cohen. 

Students were left wondering how the Canvassing Committee, Student Services and Student Council were so incompetent.  “Why was it that the correct Jon Cohen was not contacted when the school realized that there was a second Cohen?” wondered Sy Syms junior Joey Averbook. 

It is believed that after Rosman’s termination, his work was left lagging and Student Services did not pick up the slack.  

Over the summer, the orientation handbook, circulated to many students, noted that SBMP President Jon Cohen would be introducing Rosh Hayeshiva Rav Meir Goldvicht on Orientation shabbos.  The Guide to the Perplexed also had Cohen listed as SBMP president.

 Returning to school, Cohen assumed his post unfettered.  However, on Friday, the day before Cohen was slated to speak, Barnea finally informed Cohen of his ineligibility.

Many students were annoyed with the how the situation was dealt with  “Why, even after the committee realized that Hakimian and Cohen were both ineligible, didn’t they name new presidents for JSS and SBMP?  That would have been the next logical step,” he observed.

“This is just staple incompetence,” claimed another YC student.  “If student council really cared about the students, then there fist priority would be to make sure they are fairly and adequately represented.  Instead they waste their time planning events,” he said.   

When asked why the next eligible write-in not appointed, Ackerman responded, “we burned the ballots already.”  The Canvassing Committee had destroyed the ballots the moment they announced the winners, not expecting illegitimate candidates.

At this point, Cohen and Hakimian are still arduously fighting to be reinstituted as their respective classes’ presidents.  Hakimian has proposed to swap positions with Vice President, Lavian, but Barnea claims it to be unconstitutional.

“This is all unprecedented – there’s a new constitution, there’s no past precedent, and a bunch of people were really irresponsible. That’s why we’re in this situation,” says Ackerman.

The case is now set to go to student court. YC senior Ari Erdfarb, who was recently appointed chief justice of the court, refused to comment on any future case possibilities, except to say that he has the right to accept or reject any cases. When asked what will happen if Erdfarb were to refuse to take the case, Barnea says he would have to “reexamine the options available.”

Much of the JSS and SBMP student body is bewildered by the current state of events. Most do not care much for constitutional law and would just like to see someone take the position as quickly as possible.

SBMP Vice President Jonathan Hoenig (YC Senior) disagrees; he thinks it is not fair for Cohen to become president. “Though I’m sure he would do a great job, there are a whole handful of guys who wanted to run but weren’t eligible. I don’t think it’s fair to install him because a whole bunch of other people never got the same opportunity.”

Barnea has clearly expressed his opinion that neither candidate has the right to be named president.  He believes their campaigns are undoubtedly unconstitutional, and rule of law must be followed even if not always popular. This is a popular sentiment among the more knowledgeable end of the student body, and likely the court. But the candidates have said that they fear that Barnea’s influence on the court, specifically in the realm of appointing justices –  “most of whom are probably his friends” – will hurt their cases.  The court will likely hear the case in the upcoming weeks.

 


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