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Expert says SGA is violating state law.
o c o l ly . c o m october 3, 2016
PHOTO ILLUSTRATION BY DEVIN L. WILBER/O’COLLY
ocolly.co m: osu tops Texas at home, First time since 1997
page 5: flights to and from dfw have been smooth
page 5: osu breaks ground on performing arts center
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Expert says SGA is violating open meeting law elected. “So that might very well be what that’s referring to. Again, I haven’t read it.” BY st etson payn e SGA Senate Chairman i n vest igative reporter Bradley Burt said he also An Oklahoma media thought the organization law expert said Oklahoma needs proxies because State’s Student Governof some senators’ busy ment Association is vioschedules. lating open meeting law “We like to have proxwhen senators use proxies ies because all of us here and don’t include attenare student leaders,” Burt dance in meeting minutes. said. “Tests come up, Joey Senat, the Freedom papers, other engageof Information Oklahoma ments senators have to communications chairdo because they’re all so man, said SGA is violatinvolved around campus. ing a 1982 Oklahoma “There are just some attorney general’s opinion times where they can’t against proxy voting. make those meetings and Proxy voting is when a rather than have an empty senator sends another seat and a voice not beperson to take his or her ing heard, we’d like to place and vote at a meethave the proxies because ing. they’re from the same “If it’s an (attorney group as the senator.” general’s) opinion that SGA’s president also applies to the Open Meetdefended using proxies. ing Act, then it applies to Dillon Johnson said he (SGA), they’re subject to o’Colly File Photo understands the organiit,” said Senat, an OSU zation should follow the Joey Senat, OSU professor and open government expert, said all of the Open Meeting Act applies to SGA. Previous attorjournalism professor. Open Meeting Act but neys general’s opinions require SGA to comply with the act. However, an SGA member said its bylaws allow for proxies. “They’re a public body; said senators have unique they’re not in a special Senate Vice-Chairman institution we’re not SGA and the Residence then, and we have that in circumstances. exception like the state Andrew Price said he required to follow and, Hall Association are writing that we allow that Johnson also said he’d legislature. didn’t think the opinion as a non-state legislative “compelled to follow the privilege to them.” step back on the situation, “When it says proxy applied to SGA. body, we’re not required provisions of the act in Price said the bylaws and any changes would be vote, I see that as it must “Based on my reading to follow.” the manner in which they don’t trump state law but up to Burt. be publicly cast and of this, the opinion is in But Senat said all of the were enacted.” said he assumed the state “I think as far as lookrecorded. … The person reference to the houses of Open Meeting Act applies Price said he thought opinion applied to only ing at how we’ve operated must be present to vote.” government in Oklahoma to SGA. proxies mentioned in the state legislators. in the past, our schedules The opinion states City,” Price said. “And, “They don’t get to pick attorney general’s opinion “Just not even reading are hectic, especially for “proxy voting is the in reference to the Open and choose which parts “operated under a difit, it would probably be students in leadership antithesis of personal Meeting Act, we follow of the Open Meeting Act ferent set of rules” than proxies in reference to roles like senate,” Johnson voting,” and that proxy the Open Meeting Act to follow,” Senat said. SGA. the actual state governsaid. “I think we probably voting “doesn’t conform “There’s an attorney gen“Our bylaws do alment,” Price said. “It’s not should have been followto the standard for voting to an extent, but we are ing it, but I don’t think a paragovernment (sic) eral’s opinion that states low for proxies to vote,” uncommon for represenunder the Open Meeting there’s been any harm they have to follow (the Price said. “I just feel that tatives to send someone Act.” The act states mem- organization. done in allowing proxies “That being said, there Open Meeting Act).” even given that attorney there to take notes to the bers of a public body must are aspects of the OMA The 1979 attorney general’s opinion, that is state house, but they can’t up to this point.” cast their votes publicly STORY CONTINUES ON PAGE 3 and have them recorded. that as an educational general opinion states something that we allow vote because they’re not > Senator says body’s use of proxy is not likely to change unless challenged
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St u d e n t G ov ernment
STORY CONTINUEd from page 2
Burt said unless there’s a legal challenge to SGA’s use of proxies, he believes the organization isn’t breaking the law and won’t change its practices. “I don’t think it’s in violation,” Burt said. “If we were to be found in violation or if someone wants to present us with a lawsuit to do that or whatever, we’d talk to our legal counsel to see if we’re actually in violation.” SGA bylaws state proxies have to be from the senator’s constituency, and Price said the distinction means any proxy would also be eligible as a senator but not elected. “All of our proxies could be a senator, and all of our proxies are extended (voting powers) at the beginning of every meeting,” Price said. Proxy forms must have a senator’s signature and basic information about the proxy, as well as a reason for the senator’s absence. Price said the senate has copies of proxy forms dating only to January. Price said initially he could release the forms as part of open record, but Susan Simmons, administrative support specialist, said the request would need to go through John Mark Day’s office of leadership and campus life. When Day, director of leadership and campus life, was on leave Friday, the O’Colly filed a request through OSU Communications seeking the forms’ release. MONDAY, OCTOBER 3, 2016
Board of Regents Legal Counsel Brandee Hancock approved the request, and the form was returned to Simmons’ office. Simmons said the request wouldn’t be filled until Monday when Day returned from leave despite the counsel office’s approval. However, Senat said withholding the forms and the runaround to get the records wasn’t “in the spirit or the letter” of the Oklahoma Open Records Act. “If it’s a public record, you’re entitled to it,” Senat said. “It’s not at a public agency’s discretion. … (The records) should be made available on the spot if they’re there.” Senat said SGA is also violating the Open Meeting Act in its meeting minutes. The published SGA minutes posted outside its offices and on its website include voting results and summaries but don’t list attendance. The act states minutes “shall be an official summary of the proceedings showing clearly those members present and absent, all matters considered by the public body, and all actions taken by such public body.” Those records, showing which senators used proxies at each meeting, are kept in a separate internal spreadsheet for only a year, so there is no way to know how often elected senators cast their own votes. Johnson said the group keeps the spreadsheet to track senator’s absences
and enforce attendance rules. “Everything’s on a semester basis,” Johnson said. “So you get so many absences in a semester before you get kicked out, or so many proxies. It’s very utilitarian as far as what we need and how we need to keep it, and that’s why it’s only ever been kept to my knowledge for the semester.” Johnson, who also served as senate vicechairman in 2015, said attendance is usually kept in a spreadsheet that sometimes includes both semesters. Senators are allowed four proxies per semester, according to SGA bylaws. The senate vice-chairman is responsible for keeping those attendance records. Price said attendance records were kept only to hold senators accountable internally. “They keep them just to make sure people are showing up,” Price said. “And after that semester, it’s just done away with. It’s not like a formal thing. “There’s actually nothing that says we have to keep attendance; it’s just that things would happen if people don’t show up.” Stetson Payne is a multimedia journalism junior from Broken Arrow. He can be reached at stetson.payne@okstate.edu. Follow Stetson: @ S t e t s o n _ P ay n e
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Notes from the O’Colly crime desk: Aug. 26 - Sept. 2 BY Vi cto r ia Dodge Sta ff Reporter
Pastor holds homeless man at gunpoint
A homeless man was arrested at Solid Rock Church on Monday, according to Stillwater police report. Ezekiel Oxley, 30, is being charged with breaking and entering a dwelling without permission, according to the report. Oxely reportedly broke into Solid Rock Church, east of Stillwater. The church’s pastor, Daniel Yankunas, reportedly held Oxley at gunpoint until the SPD
arrived. According to the affidavit, the gun was an AR-15. According to the affidavit, Yankunas checked on the church at 10:30 p.m. after the alarm company called him. The pastor’s son, Austin Yankunas, found Oxley behind a couch. Oxley told Yankunas he was cold and looking for a warm place to stay but wasn’t worried about the alarm going off, according to the affidavit. There were no signs of forced entry, and Yankunas said he wanted to file charges against Oxley. His court date is Oct. 27.
Stillwater man holds multiple minor-related charges
A Stillwater man was arrested Thursday for making a lewd or indecent proposal to a child and possessing child pornography, according to a police report. Austin Pelletier, 23, was charged with two accounts of engaging in sexual communication with a minor by use of technology, as stated in the report. According to the affidavit, an undercover agent posted an advertisement on Craigslist portraying a juvenile female, which Pelletier responded to Sept. 9. The affidavit reported they
talked on Kik, a messaging app, where the agent posed as Catrina, 14. Pelletier was told the age of Catrina but continued to ask inappropriate questions, according to the affidavit. Pelletier sent the agent a photo of his genitalia, according to the affidavit. The Oklahoma State Bureau of Investigation arrested and interviewed Pelletier on Sept. 24. He admitted to initiating the communication with Catrina, as stated in the affidavit. Pelletier said he knew the communication was wrong, so he deleted his Kik account and blocked the number, according to the affidavit. Pelletier gave agents consent to search his
home. The affidavit reported six images of child pornography were saved on his laptop, including search history involving inappropriate topics. Two images were described in the affidavit as nude female juveniles about 11 to 14. His phone also had a Skype conversation from 2015 with a female user who said she was 13. In the conversation, Pelletier said he had seen nude girls younger than she, as stated in the affidavit. Pelletier’s preliminary hearing is Nov. 7, according to the report.
Taco Mayo burglarized Taco Mayo reported a
burglary Thursday, according to a Stillwater police report. The restaurant on McElroy Road stated a loss of $701 after the building was broken into overnight. A safe, a black bag and $641 were stolen. SPD Lt. Jeff Watts said the department is waiting on the business to provide video evidence. The case is open. Victoria Dodge is a sports media senior from Sebastopol, California. She can be reached at vickiy. dodge@okstate.edu. Follow victoria: @victoriadodge
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the work he is doing and going to do. He always has our best in mind. Psalm 139:12 Dale clarifies to us the full eyesight of the Lord. Barnes “...Even the darkness will not be dark to you; the night will shine like the day, for TRUST IN THE DARK! darkness is as light to you.” That is why we can pray and give thanks. Truth sets us “Who among you fears the Lord and free and gives peace. obeys the word of his servant? Let him Jesus said this, “I am the light of the world. who walks in the dark, who has no light, Whoever follows me will never walk in trust in the name of the Lord and rely on darkness, but will have the light of life.” his God.” (Is 50:10 NIV) (Jn.8:12 NIV) There are times in the life of a true This seems to contradict what I have been believer, one who respects God and saying, but not so. Actually, as we follow endeavors to walk in God’s will, he finds (trust & praise) Christ, the true light; in the himself direction-less. Maybe there midst of unsure, difficult situations; his seems no real clarity of guidance in reality, comfort, encouragement will be your life. You have prayed and prayed, there. but nothing is developing. There is no His light is life! His peace, even joy, light at the end of the tunnel. This verse may be experienced in the midst of the encourages us and gives direction. When darkness. It may seem dark and uncertain, it is dark; it is time to lean (trust) on the but the Lord Jesus knows how to bring Lord. Your faith in the Living God is being encouragement to us even in difficult tested. Pray and give thanks. times. He knows how to do it just when and Remember God is not confused. He how we need it most. never lacks direction. He knows exactly
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McKnight Center to connect Stillwater, Broadway BY aub rie B ow l a n Staff Reporter
In three years, members of the New York Philharmonic will stand atop a stage in Stillwater and perform for OSU students. The process began Saturday morning when Oklahoma State President Burns Hargis and McKnight Center donors broke ground on the performing arts center. The McKnight Center, named after donors Ross and Billie McKnight, will have a 1,100-seat performance hall with live broadcasts to its outdoor amphitheater, a 222-seat recital hall and visiting orchestras and casts’ performances. OSU announced Friday the McKnight Center will
host a residency partnership with the New York Philharmonic, with master classes, audition workshops and lectures from philharmonic members. The center will host touring Broadway musicals and will attract visitors from all over Oklahoma and the Dallas area thanks to the new commercial flights, Hargis said. “All of us are excited for the possibilities that are coming once this building is opened,” said Matthew VanBesien, president of the New York Philharmonic. “We have three years to plan something extraordinary.” The plan for the McKnight Center for the Performing Arts was announced in 2014 at the president’s Orange and
evating the arts at Oklahoma State for a long time now,” Hargis said. “Appreciation of the arts changes your perspective, and you just understand the world around you a lot better than you did before. We feel for our students that this is a critical part of their education here at Oklahoma State University. “I can’t tell you how much this is going to transform Oklahoma State University.”
Aubrie Bowlan/O’COLLY
The McKnight Center will host a residency partnership with the New York Philharmonic.
Black Concert, and donors have raised more than $44 million for the project, Hargis said. The McKnights announced in March they
donated $25 million to the performing arts center. They were among many patrons at the groundbreaking, including politician Wes Watkins, OSU donor Boone Pickens,
and businesspeople Michael and Anne Greenwood. OSU Foundation President Kirk Jewell said 13 couples have donated at least $1 million. “We’ve had a goal of el-
Aubrie Bowlan is a strategic communications junior from Edmond. She can be reached at aubrie. bowlan@okstate.edu. F o l l o w t h e O ’ C o l ly : @ o c o l ly
‘Smooth sailing’ through a month at Stillwater Regional Airport destination. One passenger, Adam Cohen, In the month that Stillwathough, is an assistant coach ter Regional Airport has had for the Ohio State University nonstop flights to Dallas/Fort women’s tennis team. He flew Worth International Airport, one of his players from Columit has seen a large increase in bus to Stillwater to play in a traffic. tournament at the Greenwood Airport Director Gary JohnTennis Center in Stillwater. son said the flights are “meetCohen said the small size of ing expectations” of passenger the airport simplified the travelnumbers, with 20 to 50 people ing process. on each 50-passenger plane. “We started a little bit late, “Realistically, it’s a hasslekurt steiss/O’COLLY but they got us here actually free flight out of here,” Johnson Stillwater Regional Airport has met expecations and stressed ease since ahead of schedule,” Cohen said. said. “We want everybody to try its first commercial flight, said Gary Johnson, the airport’s director. “It was pretty smooth sailing.” it, and we think you’ll like it.” Cohen’s flight had 34 spots gone just like we expected,” 1/2-hour drive. Passengers vary among Okla- Johnson said. filled, according to the AmeriThe other option for those homa State students, faculty and can Airlines website. Flying out of Stillwater helps traveling to Stillwater is to drive staff; business travelers; sports The airport has more than cut back on travel time. The an hour to either Will Rogers teams; and Stillwater citizens, 200 free parking spots, shorter flights from Stillwater to DFW World Airport in Oklahoma Johnson said. lines for checking in and a take about 45 minutes on averCity or Tulsa International Air- hassle-free security checkpoint, “For the most part, everything’s gone very smooth and age, compared to the about 4 port, then fly to the passengers’ Johnson said. BY AUb rie B ow l a n Staff Reporter
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Flights from DFW arrive at 2:02 p.m. and 9:24 p.m., and flights from Stillwater depart at 6:55 a.m. and 2:27 p.m. every day. “Flying out of Stillwater is gonna be convenient,” Johnson said. “It’s gonna be fast.” The City of Stillwater owns Stillwater Regional Airport. For more information on the airport or flights, visit flystillwaterok. com. Aubrie Bowlan is a strategic communications junior from Edmond. She can be reached at aubrie.bowlan@ okstate.edu. F o l l o w T h e O ’ C o l lY : @ o c o l ly
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APPLICATIONS INVITED FOR SPRING SEMESTER 2017 EDITOR-IN-CHIEF THE O’COLLY Applications for Spring Semester 2017 Editor-inChief of The O’Colly will be accepted from now thru Thursday, October 13, 2016 Applications are now available in the Paul Miller Journalism and Broadcasting Building, room 106. Applicants must return their completed applications to room 106 no later than 4:30 p.m. Thursday, October 13 , 2016. To be eligible for EditorIn-Chief, the applicant must be a student on the Stillwater campus of Oklahoma State University, be in good academic standing (i.e., not on academic probation), have a grade point average of not less than 2.5, and have completed at least 60 hours toward a degree. Applicant must show evidence of having worked one semester in an editor position on The O’Colly. Students serving as an Editor-in-Chief may take up to 6 credit hours of independent study in consultation and approval of their major advisor. An internship on a newspaper in a newsroom capacity may be substituted for one semester of service on The O’Colly. The internship must meet the requirements of the School of Media and Strategic Communications’ current internship course.
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N e ws All week
Homecoming Basket Raffle: All day, $1 for each raffle ticket or $5 for six, contact any Staff Advisory Council member to buy
We e k ly S chedule Wednesday
International Expo 2016: International Student Organization, 11 a.m. to 2 p.m., International Mall, bursar and cash accepted for international foods Monday MIAP Seminar Series: Faculty Recital Series: Dr. Agricultural opportunities Jeffrey Loeffert, saxophone, in Ethiopia for OSU, Dr. 7:30 p.m., Seretean Center Thomas Coon, Dr. Shida Concert Hall, free Henneberry, 11:30 a.m. to 1:20 p.m., Agriculture Hall Tuesday Room 002, free Communication CerWorkshop Supporttificate Series: Lee Manzer, ing Survivors of Sexual Stories from the Past - Man- Violence: Kelly Sargeant, aging the Future, 9 a.m. to 5-7 p.m., North Classroom noon, Quail Creek Golf and Building Room 102, free Country Club, Oklahoma Freshman Representative City, $250 Council: Open meeting, OSU Faculty Reading 5:30-7 p.m., Student Union Series: Sarah Beth Childers Case Study 2 Room 416 (nonfiction), Janine Joseph Rocktober Movie Night: (poetry), 7 p.m., Brows6-8 p.m., Colvin Recreing Room of Edmon Low ation Center Climbing Library, free Wall, free
Student Government Association Senate meeting: Open meeting, 7-10 p.m., Student Union Case Study Room 416
Thursday
Murder Mystery Dinner: 7-9 p.m., Student Union Ballroom, $5 per ticket OSU Wind Ensemble Concert: 7:30 p.m., Seretean Center Concert Hall, $10 general admission, $7 students and seniors
Friday
Pulitzer Prize finalists on campus: Ziva Branstetter, Cary Aspinwall, 3 p.m., Reading Room of Edmon Low Library Concert Series at The Botanic Garden at OSU: Tyler Siems, 5:45-7:30 p.m., free
FOR RELEASE OCTOBER 3, 2016
Los Angeles Times Daily Crossword Puzzle Edited by Rich Norris and Joyce Lewis
ACROSS 1 Hospital IV amts. 4 Irrational fear sufferer’s suffix 9 Texas city 13 Until now 14 Specialized language 15 Dashing style 16 Expose wrongdoing 19 Gymnast Korbut 20 Choose by majority vote 21 Wok cook’s flavoring 23 Attacked by surprise 26 Baseball card stat 27 Day, in Durango 28 MBA hopeful’s test 29 Take a break 32 Lead singer’s part 34 “No need to explain the joke” 36 Is obliged to pay 37 With the breeze at your back, in sailing 41 Creative fields 42 Feathers 43 Hot chocolate drinks 46 Actor Morales 47 Braz. neighbor 50 Astounded state 51 What it takes to tango 53 Maple syrup rating 55 Bank acct. earnings 56 Peddler’s merchandise 59 Like “Supergirl,” ratings-wise 60 Where the driver sits 64 Decimated Asian sea 65 Budget prefix 66 Genetics lab subj. 67 Audacity 68 __ Island 69 Incidentally, in texting ... and a hint to three long puzzle answers
3 Inferior cigar 4 Compliment “on the back” 5 Princely letters 6 S-shaped molding 7 Soup serving 8 Out-of-use anesthetic 9 White terrier, familiarly 10 Ctrl-__-Del: PC reboot combo 11 “You’re getting too excited” 12 Like a 45-10 football game 17 Roll of bills 18 Long-range nuke 22 Many pride parade participants 24 Therefore 25 Bucks and does 30 Instructions component 31 “Superman,” e.g. 33 Superman lover Lane 34 “In that case ... ” DOWN 35 Consequently 1 RoboCop is one 37 Lunchbox 2 Wine storage area alternative
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By Jake Braun
Saturday’s Puzzle Solved
©2016 Tribune Content Agency, LLC
38 And so forth 39 Cyberzine 40 Small dam 41 Berry rich in antioxidants 44 Whenever you want to 45 Ugly duckling, as we learn later 47 “-ly” word, usually 48 Admonition to a sinner
10/3/16
49 Act that suppresses free speech 52 What an unruly courtroom lacks 54 Part of NCAA: Abbr. 57 Carve in stone 58 Chase off 61 Evil film computer 62 Last in a sequence 63 “__ is me!” PAGE 7
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Complete the grid so each row, column and 3-by-3 box (in bold borders) contains every digit, 1 to 9. For strategies on how to solve Sudoku, visit
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By Nancy Black Tribune Content Agency (TNS) Today’s Birthday (10/03/16). Grow and develop like a weed this year. Polish your presentation. Spring social changes lead to surging physical and intellectual vitality. A romantic turning point next autumn comes before new possibilities inspire a group project. Nurture your roots for thriving. To get the advantage, check the day’s rating: 10 is the easiest day, 0 the most challenging. Aries (March 21-April 19) -- Today is a 9 -- Collaborate to grow your joint finances. Teamwork makes a difference. Abundance is available. Share resources, experience and talent. Make agreements, and schedule actions. Follow a profitable opportunity Taurus (April 20-May 20) -- Today is a 7 -- Negotiate and compromise to get a deal that works for both. Collaborate on a new assignment. Sort out resources, and sweeten the pitch. It could get romantic. Gemini (May 21-June 20) -- Today is an 8 -- Slow to avoid accidents and finish faster. There’s plenty of demand for your attention. Keep cool, and the intensity passes. Appreciate what you have. True love is revealed. Cancer (June 21-July 22) -- Today is an 8 -- Look at things from a new perspective. Follow a strong attraction. Put your talent to work. Combine delectable flavors, visuals, fragrance and music to express your love. Leo (July 23-Aug. 22) -- Today is a 6 -- Home and family have your attention. Share concerns with someone you trust. Solutions may require physically moving things around. The gentle approach works best. Start from balance. Virgo (Aug. 23-Sept. 22) -- Today is an 8 -- Turn on your creativity. Walk outdoors for inspiration. Listen to music and poetry. Think in terms of color, rhythm and style. A partner spurs you to action. Libra (Sept. 23-Oct. 22) -- Today is an 8 -- Review the budget to get clear on expense priorities. Research new methodologies. Cajole someone into paying up. Keep the faith. You can accomplish great things. Follow through. Scorpio (Oct. 23-Nov. 21) -- Today is a 9 -- You know what you what and how to get it. Entertain a personal dream. A loved one spurs you on. Leap over fences. It could be magical. Sagittarius (Nov. 22-Dec. 21) -- Today is a 6 -- Clean, organize and plan your steps and goals. Strengthen foundations for later action. Stay sensitive to a loved one’s wishes, while remaining true to yourself. Invent possibilities. Capricorn (Dec. 22-Jan. 19) -- Today is a 7 -- Your friends are your inspiration. Have fun together. You don’t have to start from scratch; build on what others have started. Make beauty a priority. Aquarius (Jan. 20-Feb. 18) -- Today is an 8 -- A professional opportunity tempts. Persistent actions are required. Prepare materials, and apply yourself. Polish your presentation. A friend can teach you what you need. Take new territory. Pisces (Feb. 19-March 20) -- Today is an 8 -- Sate your curiosity. Get adventurous and explore. Make harmony a goal with your partner. Achieve a new level of understanding together. Improvise. Adapt as you go.
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