The A.S. Council approved changes to its constitution on Jan. 21 that would make the commissioner of student advocacy an appointed position. The constitutional amendment is still subject to a veto by the A.S. president and must be ratified by four of the six college councils before taking effect.

The legislation would also change the term of the commissioner of student advocacy from the current May-through-April term to a July-through-June term.

“”The rationale behind this process is that the public defender is accountable not to the electorate, but rather the clients the office represents,”” A.S. Commissioner of Student Advocacy Jeff Boyd said. “”In the same fashion, the commissioner of student advocacy should be appointed because accountability is not to all of the students at UCSD, but merely the students who use the services of the Office of Student Advocacy.””

Under the legislation, the commissioner of student advocacy would be appointed by the incoming president in consultation with the outgoing commissioner and approved by two-thirds of the A.S. Council.

According to Boyd, who sponsored the legislation, the change in the dates of the student advocate’s term will allow time for the incoming commissioner and other advocates to be trained in accordance with the recently revised Student Conduct Code.

Also, the change will allow the outgoing commissioner to complete the wave of cases that are usually resolved at the end of the school year.

In the A.S. elections of spring 2003, 51 percent of voters failed a referendum that would have made all of the commissioner positions appointed rather than elected.

“”The students spoke their mind last year, and I believe we should respect this,”” A.S. President Jeremy Paul Gallagher said. “”I believe that this legislation takes the choice away from the students on who they want representing them, which in the end is bad.””

John Muir College Sophomore Senator Nam Bui called the legislation a “”special circumstance”” that does not conflict with the will of the students.

“”It will bring better service to … the Office [of Student Advocacy] and ensure that students will always be represented regardless of the political [climate],”” Bui said.

The amendment required three-fourths of the senators’ approval to pass. The final vote on the item was 17-1-4, meeting the required minimum exactly.

Thurgood Marshall College Freshman Senator Alan Haimowitz cast the only negative vote on the legislation, saying that the student body should have more say in the decision.

“”I just don’t like having [the A.S. Council] send the message that the students aren’t smart enough to elect somebody as critical as the commissioner of student advocacy,”” Haimowitz said. “”It’s the fact that we don’t put faith in them that makes them not want to participate in elections.””

Sierra Catcott, Thurgood Marshall College senior senator and senate chair, expressed that having strong senate support of a commissioner is more important than having the commissioner elected because without senate support, the commissioner will have a difficult time performing required duties.

“”I think the two-thirds [requirement] sort of makes up for the fact that it’s no longer an elected position,”” A.S. Commissioner of Academic Affairs Todd Tolin said.

When asked before the vote if he would veto the legislation, Gallagher said that he would hear arguments on both sides of an issue before making a decision.

Following the council’s approval of the amendment, Boyd plans to visit each college council meeting starting Jan. 22 in an effort to obtain the four approvals necessary for the legislation to be ratified.

The change, if finalized, would affect this year’s A.S. elections.