The Battalion. (College Station, Tex.) 1893-current, March 28, 1980, Image 1

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3 Senators break silence on closed session $100,000 will go to women’s athletics, but where's it coming from? By DILLARD STONE, ANDY WILLIAMS, and LOUIE ARTHUR ■ Battalion StafF During a closed session Wednesday ^ night, Texas A&M University’s student lenate passed a bill that recommended giv- ^king the women’s athletic program 1100,000. University officials and senators _ |ay the money will be paid into a certain iocount, but won’t say who is paying it. ^ iTexas A&M President Jarvis E. Miller fid Thursday night that the money would in be allotted from the student service jcount. That account’s funds are ordinari- J (t s 3 (i ly generated by a $33.50 fee that all stu dents are required to pay. However, when asked whether the stu dent service fee will be the source of the $100,000, Miller said, “I’m not prepared to answer that.” But one student senator was. “All we did was OK the transfer of this money. The administration will come up with the money,” the senator said. “President Miller is going to deposit the money in the student services account. We, in turn, will allocate that same amount to the Athletic Department. “I don’t agree with it. I didn’t vote for it. I’m sorry that the senate had to have any thing to do with it.” Several other senators confirmed the in formation. George Black, student vice president for finance, said Tuesday the Athletic Depart- See related editorial, page 2 ment originally approached Miller with a $150,000 deficit — a deficit caused by the cost of implementing Title IX guidelines. Title IX sets the Department of Health, Education and Welfare’s anti-sex discrimi nation rules for educational institutions. The department was told to find $50,000 on its own, and that “other sources” would make up the rest, Black said. Black was asked to initiate student senate legislation to remedy the situation. “I introduced that bill at the request of Dr. Miller,” he said. “It was not a request of the Athletic Department. ” Black’s initial proposal, first read March 5, recommended a student service fee in crease of 50 cents. The senate rejected that bill. In the closed session Wednesday, Black moved to amend the original bill. The re vised version allocated $100,000 to the Athletic Department. One senator said this proposal “would not cost students a cent. ” The money is being channeled through the student service account as a tactic “to maintain some political leverage” with HEW, Miller said. The move is being made in case HEW decides the University is not abiding by its requirements regard ing funding of women’s athletic programs. University officials hope using money from this account will broaden the base of responsibility in the event of HEW action. “This will make it a little easier, knowing that 30,000 students and their parents are involved as opposed to one administra tion,” Miller said. “Our interpretation is that we are in compliance with Title IX,” Miller said. “We’re trying to keep our options open in dealing with a problem that may or may not arise in the future. “Those guidelines are vague, they are unclear, and there’s no way an institution can tell if it’s in compliance,” he said. He said many institutions have been paying for their women’s athletic programs through student service funds. Dr. John Koldus, vice president for stu dent services, must approve the bill. It will be presented to him Monday. The Battalion Vol. 73 No. 127 10 Pages Friday, March 28, 1980 College Station, Texas USPS 045 360 Phone 845-2611 a •< CD _ Is! O - I 11 5 CD 19 D ° D CD 11 ) V :i 5SG is immune Jo meetings law, ^attorney says (i) (l 4) IT! < 0 3 S) By RUSTY CAWLEY — > StafF Writer | Texas A&M’s student senate apparently Ifree to close its meetings to the public at p, the chairman of the state attorney gen ’s opinion committee said Thursday. [ Bob Heath, chairman of the committee, aid he knows of no attorney general ’s opin- ons that require a student government to hide by the state’s open meetings law. “You would have to prove that the stu- mt senate is a board or commission within executive or legislative branch of the e government,” Heath said. “I think would have a difficult time doing that. ” he student senate closed a session Wednesday night while senators debated a iposal to give the athletic department ey from the student service account, move is intended to help prepare the iversity’s defense in the event of possi- federal anti-sex discrimination action, efore the closed session began, speaker Van Winkle rushed a bill through the te allowing the members to close any iion if two-thirds of the senate voted to. Winkle and student body president nie Kapavik signed the measure im- iately after it was passed, he Texas Open Meeting Law requires governmental bodies to debate all issues la public forum unless the issue involves ding litigation, land purchase, or per- nel. e law also requires the body to publish ice of a closed session in the meeting nda and to state specifically why the ly must discuss the issue out of public iw, The student senate ignored both of ise requirements. enators argued with Battalion reporters rthe legality of situation. They held that le senate, since it has no final authority, is pt covered by the open meetings law. Heath agrees. I really doubt that they are covered,” Heath said. “If they were, they would have to file an agenda with the secretary of state and publish it in the Texas Register. To my knowledge, no student government does that. ” Hath said Chancellor Frank Hubert may request an attorney general’s opinion on the matter, or The Battalion may request one through the office of Brazos County district attorney Travis Bryan HI. Battalion editor Roy Bragg said Thursday that the paper intends to pursue the issue. The Battalion will ask both the chancellor and the district attorney to request an attor ney general’s opinion, he said. “We believe it is the responsibility of a free press to demand openness of govern ment, at whatever level,” Bragg said. “Since there are apparently no legal prece dents for this, we intend to see that one is established.” Bragg also said that The Battalion will request all information relevant to the closed session, under the Texas Open Re cords Law. That law appears to apply more strictly to student government than does the open meetings law, he said. Payroll cuts behind goal, — Clements Ready for anything Students who braved thundershowers to attend classes at Texas A&M University Thursday took along every conceiv able fashion of rain protection. This young lady, entering the university’s chemistry building, should be virtually water proof with her parka, umbrella and rubber boots. Battalion photo by Lee Roy Leschper Jr. Lone Ranger may ride again I United Press International 0) ■5 o o HOLLYWOOD — Clayton Moore, the TV Lone Ranger unmasked by court Order, can reclaim his old mask if he will I lelp make, perform in, or promote a iovie version of Kemo Sabe’s adven- a 3 The producers of “The Legend of the Lone Ranger” made the offer Thursday F shortly after they announced the ovie roles of the Lone Ranger and |onto had gone to two unknowns with ttle acting experience, Klinton Spils- ury and Michael Horse. Moore was at a rodeo in Nacog- oches, Texas, apparently unaware of he offer. His manager, Arthur Dorn, said Moore had received no “concrete” iffer, but would be happy to discuss it. “Clayton’s out on the road in his sung- asses and he wants his mask back. But le’s been deeply hurt, and I can’t say hat he’d agree to. If they have condi- ions I’d like to discuss them,” Dorn aid. The 64-year-old actor, who. played the masked rider of the plains in a TV Ties filmed between 1949 and 1956, ias been involved in a running legal lattle with producer Jack Wrather, who •ought the rights to the character. Wrather won court orders forbidding Moore to make public appearances as he ranger or to appear “in a Lone Ran ker mask or any mask substantially simi- ir.” Moore, who prides himself on main- aining the mystique of the masked aan, has appeared since in large, very jbrk sunglasses as “Clayton Moore who ortrayed the Lone Ranger.” Groups of angry Moore fans around [he country announced plans to boycott Ihe film. Now comes the offer from '''rather. United Press International AUSTIN — Gov. Bill Clements said he never expected it would be easy to reach his Aug. 31 goal of cutting the state em ployee payroll by 5,000. And he conceded Thursday the reduc tion plan is behind schedule and will be hard pressed to meet the deadline. “I admit I have set a tough goal. I see no point in setting an easy goal then beating your breast when you reach it, ” he said. “If we fall a little bit short, we fall a little bit short, but we have set ourselves a difficult course. This is a real hurdle. ” Clements said he would have liked to be able to show a reduction of 3,000 to 4,000 state workers at this point, but he told re porters Thursday, “We have a net reduc tion at this point of something less than 1,000 full-time equivalents. “We’re still making progress, but I have to admit we re not making the progress I would have liked and I told the agencies so.” Clements said he met earlier in the week with the heads of the 12 largest state agen cies and he was encouraged by their attitudes toward his government effec tiveness program. He also reminded reporters that while the actual reduction in the number of work ers at this point is less than he had hoped, his program has broken the cycle of con tinuing growth in the size of state agencies each year. “The remarkable thing is that by all this talk and everything there has been no growth whatsoever this year, and that breaks a 10-year cycle, ” the governor said. On other topics, Clements said: —He has written Texas congressmen soliciting their help in retaining funding for the Law Enforcement Assistance Adminis tration. President Carter proposed to halt the federal anti-crime aid to states as part of his budget cutting plan, and Clements said the move was evidence of indecisiveness on the part of the president. “In January he was saying let’s increase this by $87 million. Now he’s saying let’s cut out a $500 million program. This is another one of those crazy zig-zag decisions of his. You can’t be right both times. ” —The U.S. Census Bureau should count illegal aliens in Texas during the 1980 cen sus, but the illegal aliens should not be counted by the 1981 Legislature when it begins redrawing the state’s legislative and congressional districts according to popula tion. Texas beaches but not for the ready for people, creatures of the sea United Press International Since the announcement in Mexico City this week of the capping of Ixtoc I, the runaway Gulf of Mexico well that produced history’s worst oilspill, people hoping for a surfside vacation may have wondered if south Texas beaches will be free from oil this spring and summer. Up and down the coast, tourists are being invited to come on in, the water’s fine — give or take a few football field-sized tar reefs and an occasional washup of footstain- ing tar balls. The word from the Coast Guard’s chief oilspill battler, from the government’s leading oilspill scientist and from an area tourism director is that water and beaches should He fine for people. But shellfish, birds, turtles and other creatures dependent on a clean, stable ecology may want to reconsider. Scientist John Robinson says the Com merce Department spent $1.5 million to examine the effects of 130 million gallons of unwelcome oil, only to “fold up our tent and go home” before the answers were known. Capping the well after nine months did not signal an “all clear” for marine life, he said from his Boulder, Colo., National Oceanic and Atmospheric Administration office. “I don’t think those things (tar reefs) pose any real problem for a tourist,” Robinson said. “They can be avoided and a lot of the time they’re covered up. They extend from 14 miles north of Port Aransas all the way down to the border. “They’re alternately covered and unco vered (by sand) and don’t represent all that great a threat of contamination, which is not to say animals should not be worried about them. I think they represent a sub stantial source of continued contamination of the water at low levels and that is enough to cause strange things to happen. “With low concentrations of oil you get sub-lethal effects, not a bunch of fish drop ping dead, but changes in behavior, in re productive processes, feeding habits, and those changes begin to cause more serious things to occur. If a fish is not behaving the way it normally does, then it upsets the predator-prey relationship. “Very low levels are enough to alter the way animals behave. Then that magnifies up the system and you get huge numbers not doing what they’re supposed to do, like reproducing themselves.” Robinson stressed that the effects of oil on the marine environment should not be judged by clean beaches. “There were 3 million gallons of oil on Texas beaches that we were able to see, ” he said. “How much came in as dissolved oil in water or subsurface particles of oil, we’ll never know. We could see and touch 3 million gallons. “What have we got beyond the tar reefs, which are something we can find? We’d like to get out and see what the bottom looks like 10 miles out. But we don’t have a ship.” No ship, no more money and no answers, all of which South Padre Island tourism director Ralph Thompson deems appropri ate. “Robinson made some selfserving state ments about longterm effects, ” Thompson said. “He’s obviously disappointed that they have not gotten the appropriations they hoped for to assess the problems. Some statements NOAA made were a bit alarmist for their own purposes. “I don’t see any evidence to indicate any thing as significant as he described. It’s a matter of who to believe and what their motives are.” Thompson said South Padre Island, the city and the once pristine barrier island, have taken enough undeserved lumps. “I can speak for myself and the business community when I say the effects of the spill were minimal compared to the dam age from media coverage, much of which regrettably was exaggerated. The publicity hurt us far more than the oilspill itself,” he said. The local hurt totaled $20 million, Thompson figures, based on comparative sales tax revenues for the previous year. “For a city the size of South Padre Island, that’s pretty substantial,” he said. He said national publicity about the cap ping of the well would give his community a timely boost and lend credibility to adver tising that the beaches are as good as ever. Coast Guard Capt. Gerald Hinson directed the federal effort at minimizing the spill. When the well was plugged, he sent the last federal scientist home in com pliance with the Coast Guard’s role and funding authority. Probably more than anyone, Hinson had to balance the cries for attention from the tourist industry and scientific community. Judge looks a t schools for illegal alien kids United Press International HOUSTON — Texas’ refusal to pro vide public school funds for illegal aliens is subjecting Hispanic children to the same injustices blacks historically en dured in the South, a lawyer said in final arguments of a landmark civil rights case. Peter Schey, speaking Thursday for plaintiffs challenging the constitutional ity of a 1975 Texas law, said the statute perpetuates willful discrimination. He dismissed claims by officials of the Texas Education Agency and assistant state attorneys general that overturning it would create fiscal or logistical prob lems. U.S. District Judge Woodrow Seals, who heard six weeks of testimony with out a jury, said he would try to reach a decision in three months. Allowing school districts to charge illegal alien children tuition, Schey said, puts them in a situation comparable to that of blacks “in the South some years ago when they were taxed and their chil dren were not educated. ” The result, he said, was “a windfall for the education of Anglo children. ” Schey said even if the highest esti mated number of undocumented chil dren — 120,000 — entered Texas schools, the state “would still be left with a (budget) surplus of $228 million. ” California educates its illegal alien children and Texas’ refusal to do so “perhaps ranks (it) No. 1 in its exploita tion and utilization of foreign labor,” Schey said, adding that the state ranks “fifth in wealth and 42nd in education. ” An opposing lawyer for the state argued illegal aliens have no constitu tional right to free education. “Education is not a fundamental right unless it is absolutely denied,” said Susan Dasher, an assistant state’s attor ney general. She ridiculed the Justice Depart ment’s intervention in favor of the plain tiffs. “I get hot when I consider the federal government’s participation in this case,” she said. “I remember that the federal government failed to prosecute a border guard for fatally shooting an illegal alien. Why? Because he didn’t exist. ”