Davis objected to that charge as well.

"When the council wants to change itsconstitution, it presents the amendment to thecouncil and the student body one week beforevoting on it," as specified in the constitution,Davis said.

"The referendum does that directly," Daviscontinued. "It actually lets the student bodydecide then."

Binding?

Following his original line of reasoning,Liston said that with a mechanism in place foramending the constitution, no referendum couldforce the council to implement such changes--as areferendum on the four related issues would do.

"To me, that seems to suggest that a referendumdealing with the constitution can't be binding,"Liston said.

Whether the referendum on the term-bill hikewill be binding or not will be discussed at thisweek's executive board meeting, Gabay said.

Davis said any move to make the referendumadvisory would be a "flagrant violation of thestudent body's constitution."

"[Council members] know that their constitutionstates that if any referendum states it's binding,it's binding," Davis said.

'Sit down or get out'

Secretary Brandon C. Gregoire '95, who isserving as the council's acting parliamentarian inthe absence of David A. Smith '94, told TheCrimson after the meeting that Davis was indeedout of order in presenting Gabay with thepetition.

"It should have been brought up [at the end ofthe meeting] as new business," Gregoire said.

"We've dealt with [Davis] in the past, andunfortunately, you have to be forceful with her,"said Gregoire, explaining Gabay's behavior.

Liston also said that Davis should haveconsulted Gabay in putting together herreferendum.

The president has the final say on all mattersdealing with interpretations of the constitution,Liston said.