The Daily Gamecock

Issue date: 1/29/08 Section: News

Payne was arrested in Five Points in early January.

Ensor is serving on the Court of Impeachment.

Articles of impeachment will be introduced against Student Body President Nick Payne when the Student Senate meets on Wednesday, a decision contrary to that made by the Senate Rules Committee last week.

After looking over Payne's arrest report and talking with his constituents, Sen. David Ensor said it was a no-brainer.

"The Student Government Constitution clearly dictates that such action must be taken, and it is what my constituents want," Ensor said in a written statement.

Ensor, a third-year political science and math student, and Sen. Alex Bryan, a third-year sociology student, drew up the impeachment articles as well as a bill that encourages the Board of Trustees to remove Payne from the USC presidential candidate search committee. The committee is charged with selecting a candidate to replace USC President Andrew Sorensen.

In his statement, Ensor cites sections of the Student Government Constitution that say impeachment proceedings may begin when the president has been convicted of a crime by any court, violating the oath of office and failing to uphold the Constitution of Student Government.

While Payne has not been convicted of a crime, he did request pre-trial intervention at his Jan. 9 court hearing. Pre-trial intervention typically means that a charge will not appear on a person's criminal record if they stay out of trouble with the law for a set period of time.

Ensor said Payne has violated his oath of office by failing to uphold the Carolinian Creed, citing the paragraph, "I will demonstrate concern for others, their feelings and their need for conditions which support their work and development."

"Nicholas Payne and I both took an oath to abide by the Student Government Constitution, to uphold the Carolinian Creed and to represent our constituents to the best of our ability; President Payne may have failed to honor this promise, but I will not," Ensor said in the statement.

Also weighing on Ensor's decision was an online poll by The Daily Gamecock in which 66 percent of 172 responses said the Senate should have taken some type of action against Payne.

Ensor said he made an effort to talk to his constituents, and most wanted him to take action. He encouraged other senators to do the same.

"Other senators should seek the opinions of their constituents," Ensor said.

Payne, a fourth-year economics student, could not be reached for comment.Payne apologized to members of the Senate and his staff in a closed executive session of the Senate last Wednesday.

Hours after the meeting had adjourned, the Student Senate Committee on Rules released a statement saying no disciplinary action would be taken against Payne.

Ensor and Payne have both been down this road before. Ensor served on the Court of Impeachment during Payne's first impeachment trial back in September. Payne was charged with violating the Student Government Constitution when he did not seek the Senate's approval before he giving the OK to the Board of Trustees for a $2 increase to the student activity fee. Ensor voted in favor of Payne's acquittal. The charges were eventually thrown out because of insufficient evidence.

"I have no quarrels with Nick as a person, but with the reprehensible actions that he took as president," Ensor said.

Payne was arrested for trespassing, public drunkenness and assaulting a police officer outside of Red Hot Tomatoes in Five Points. According to a public information officer, arresting officers said he shouted, "I'm USC Student Body President," until he was placed in the patrol car.

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