Constitution and By- Laws of The Graduate Student Society at Simon Fraser University

Transcription

1 Constitution and By- Laws of The Graduate Student Society at Simon Fraser University Amended by a vote of the membership at an Annual General Meeting on February 4,

2 Table of Contents Constitution... 3 By- Law I: Interpretation and Miscellaneous... 4 By- Law II: Membership... 6 By- Law III: General Meetings... 7 By- Law IV: Graduate Caucuses... 9 By- Law V: Graduate Council By- Law VI: Executive Committee By- Law VII: Affiliations By- Law VIII: Finances By- Law IX: Governing Documents By- Law X: Election and Referenda By- Law XIII Executive Director

3 Constitution 1. The name of the Society shall be The Graduate Student Society at Simon Fraser University. 2. The purposes of the Society shall be: a. To represent and advocate for the interests of the graduate students of Simon Fraser University; b. To support and promote all graduate student activities at Simon Fraser University; c. To promote the principle of student representation at all levels of decision making within Simon Fraser University and all other institutions that affect the interests of the graduate students of Simon Fraser University; d. To advance and promote the interests of the student body of Simon Fraser University as a whole by coordinating and collaborating with other societies which have as their purpose the advancement or promotion of such interests; and e. To provide services to promote the academic and social interests of graduate students at Simon Fraser University. 3

4 By-Law I: Interpretation and Miscellaneous 1. In these By-laws, unless the context otherwise requires: a. "Alternate" shall have the meaning given to it in By-law V -Graduate Council. b. Campus" shall refer to a campus of Simon Fraser University where there is a permanent a graduate program. c. "Caucus" shall refer to a Graduate Caucus. d. "Council" shall refer to the Society's Graduate Council. e. Department shall mean any academic unit at Simon Fraser University including, but not limited to, Departments and Schools and other such academic units such that the unit is contained within a Faculty and administers its own graduate program or programs. Unless stated specifically otherwise, this term shall be restricted to only those academic units having graduate programs. f. Executive Committee shall refer to the Executive Committee of Council. g. "Faculty" shall mean a Faculty of Simon Fraser University. h. General Member shall refer to a graduate student at Simon Fraser University, in good standing, who is not a Member of Executive Committee or Council. i. "General membership fee" shall have the meaning given to it in By-law IX Finances. j. Governing documents shall refer to the Constitution and By-Laws, Regulations, Policies, Procedures, and Terms of Reference. k. "Independent program" shall mean a graduate program, which is administered independently of any department and/or faculty. l. "Joint program" shall mean a graduate program, which is administered jointly by more than one department and/or faculty. m. "Ordinary Resolution" shall refer to a motion brought to Council or a general meeting of the Society. n. Policy shall refer to a document that affirms the values, principles, and ethical guidelines of the Society. o. Procedure shall refer to a document that provides step-by-step instructions for implementing a policy or regulation. p. "Regulation" shall refer to a document that specifies the operational rules for the consistent administration of the Society. q. Semester shall mean the academic semester as determined by Simon Fraser University. r. "Society" shall refer to The Graduate Student Society at Simon Fraser University. s. Society Act shall refer to the Society Act of British Columbia. t. "Special levy" shall have the meaning given to it in By-law IX Finances. u. Special membership fee" shall have the meaning given to it in By-law IX Finances. v. Special resolution shall have the meaning given to it in the Society Act. w. Special rule of order shall have the meaning given to it in By-law X Regulations and Amendments. x. "Student" shall, unless stated specifically otherwise, mean a student of Simon Fraser University who is registered in a graduate program as established by the University and is not on a leave of absence from that program. 4

5 y. Terms of Reference or TOR shall refer to a document that specifies structures for Committees, groups, or positions in order to assist them in the completion of their tasks. z. "University" shall mean Simon Fraser University, and, if the context does not specify otherwise, shall include all its campuses. aa. Written notice shall, unless stated specifically otherwise, include So that the language in these By-laws may be interpreted as inclusive: a. Words which import the masculine shall include the feminine; b. Words which import the feminine shall include the masculine; c. Words which import the singular shall include the plural and vice versa; and, d. Words that import a person shall include a corporation. 3. The Society shall use Robert s Rules of Order as the rules of order for all meetings and committees, except where the Society shall adopt as regulation a special rule of order, as outlined in By-law X Regulations and Amendments, in which case that rule shall take precedence. 4. Members may inspect documents of the Society in accordance with the Society Act. 5

6 By-Law II: Membership 1. The rights and obligations of the members of the Society shall be those stated in any governing document that the Society may adopt. 2. All students registered in graduate programs at the University shall be ordinary members of the Society. a. Students who have paid membership fees shall be ordinary members until the last day of the term for which they paid fees. 3. Only members of Executive Committee may be made an emeritus member of the Society by a 2/3 resolution of Council in order to complete their terms of office. No other persons are eligible to become emeritus members. a. In no event shall any person be an emeritus member for more than one semester. b. Each emeritus member shall be required to pay any dues, fees, or levies that are required of a member as a condition of membership in the Society. c. Emeritus membership includes the right to vote wherever this right was previously bestowed. 4. All members of the Society shall be in good standing unless they are declared in bad standing in accordance with these By-laws. a. Council may declare, by a 2/3 majority vote, that a member is in bad standing. b. A person shall not be in bad standing past the end of the semester following the semester in which Council declared the member to be in bad standing. Unless Council declares otherwise, the member shall be in bad standing for the period identified above. 6

7 By-Law III: General Meetings 1. Any general meeting of the Society other than an annual general meeting is a special general meeting of the Society. 2. The Society shall hold its annual general meeting between January 2 and March The Society shall call a general meeting: a. Upon a vote of at least 2/3 of the members of the Executive Committee or of the Council; or b. Upon receipt of a formal requisition for a general meeting that fulfills the requirements stated in the Society Act. 4. The Society shall conduct the following business at its annual general meeting: a. Appointment of the Speaker; b. Receiving and approving the minutes of any previous general meeting which have not yet been approved; c. Receiving the audited financial statement for the previous fiscal year; d. Receiving the report from the auditor; e. Appointing the auditor for the following year; f. Receiving the reports of the Executive Committee and Council for the previous fiscal year; g. Receiving and approving all regulations passed by Council and the membership in the last year; and h. Conducting any business properly placed on the agenda by the Executive Committee, Council, or members of the Society. 5. Members of the Society may place business on the agenda of a general meeting by presenting to the Society a petition: a. Stating the business to be placed on the agenda; and b. Bearing the names and signatures of at least seventy-five (75) members in good standing of the Society, at least twenty-one (21) days in advance of the day of the meeting. 6. Notices for general meeting shall be announced at least twenty-one (21) days prior to any general meeting. General meetings must include: a. The agenda of the meeting; b. The time, date, and place of the meeting; c. The place where each member can view the full agenda, full text for special resolutions and any supporting materials for any piece of business to be conducted at the meeting. 7. Quorum for general meetings of the Society shall be one hundred (100) members of the Society who are in good standing, or 10% of the members of the Society who are in good standing, whichever is less. a. At a general meeting of the Society, if full quorum is not present within thirty (30) minutes after the time appointed for holding the meeting, then full quorum shall be replaced by a functional quorum of twenty (20) members of the Society who are in good standing. b. Meetings with functional quorum shall only consider the business given in section 4(a.)-(g) and adjournment/termination of the meeting. If full quorum is achieved prior to the completion of sections 4(a.)-(g.) under functional quorum, then the 7

8 meeting may proceed with the complete agenda. c. If at any time during a general meeting there ceases to be quorum, business in progress shall be suspended until there is a quorum present or until the meeting is adjourned or terminated. d. If neither full nor functional quorum is present, then no business other than the appointment of Speaker and the adjournment or termination of the meeting shall be conducted. 8. Executive Committee shall designate a member of Executive Committee or Council to call to order any general meeting of the Society. a. If no person described above is present within fifteen (15) minutes after the time appointed for holding the meeting, the meeting may be called to order by a member in good standing of the Society. b. The first order of business of any general meeting of the Society shall be the appointment of a Speaker. 9. The Society shall make the following items available in paper and electronic copies at least ten (10) days prior to the general meeting: a. Its audited financial statement and the report of the Society's auditor; and, b. Any material, required by the Society to present at the meeting according to regulation or statute; and, c. Any material required to conduct the business of the meeting as presented on its agenda. 10. Accidental omission in the giving of any part of the notice of any general meeting required by this By-law, or the non-receipt of such notice by the members of the Society, shall not invalidate the proceedings of that meeting. 11. All resolutions of a general meeting of the Society shall require a majority vote of the voting members of the Society assembled at the meeting, except where the Society Act or these Bylaws require that the resolution be approved by a vote of a greater number of members of the Society, in which case the requirements specified in the Society Act or the By-laws shall prevail. a. No voting by proxy shall be allowed at any general meeting of the Society. b. If the Speaker is a voting member of the Society, he shall only cast a vote to break ties and he shall only have one vote. 8

9 By-Law IV: Graduate Caucuses 1. Definition: a. Graduate Caucuses shall be the recognized body for the representation of the interests of Society members at the level of: i. Departments; ii. Faculties, for those members in graduate programs directly administered by that faculty; iii. Graduate programs administered jointly by departments and/or faculties; and iv. Independent programs. b. For each group of students entitled to Caucus representation, only one Caucus shall, at any one time, be recognized to represent the interests of that group of students. c. The right to form a Caucus for a department, faculty, joint program, or independent program shall be vested solely in the membership of the Caucus being formed. 2. Requirements of Caucuses: a. Each Caucus formed under this By-law must: i. Have a written constitution which has been ratified at a meeting of the Caucus; ii. Have aims and objectives stated in its constitution which are not contrary to the purposes of the Society as stated in this Constitution; iii. iv. Recognize and represent its members; and, Hold regular meetings that are advertised and open to all members of the Caucus. 3. Funding: a. Each Caucus that fulfills the requirements of Section 2 and related Regulations shall be entitled to funding from the Society which may be spent at the discretion of the Caucus. b. The Society may determine in regulation the amount of funding given to each Caucus and the manner in which it is released to the Caucus, so long as this funding is released to the Caucus at least once per semester. 9

10 By-Law V: Graduate Council 1. The Society shall maintain a representative body, which shall be known as the Graduate Council. Council shall be responsible directly to the whole membership of the Society, and Members of Council shall be responsible to the students they represents. 2. Subject to the restrictions in these By-laws, the Council alone shall have the power to: a. Approve the long-term goals of the Society in accordance with the purposes of the Society; b. Approve the Society's entrance into long-term contracts; c. Approve regulations, policies, and terms of references regarding the operation and administration of the Society; d. Approve the budget for the Society on an annual basis; e. Determine the standing of members of the Society; f. Admit Emeritus members to the Society; g. Approve the wording of questions that will go to the general membership via referendum; and, h. Allow expenditures outside the budget, subject to the provisions of By-law IX Finances. 3. Council may strike such committees as it deems necessary to advise it, but it shall not delegate its powers or authority outlined in (2) to any committee or person. Any committee struck by Council shall: a. Conform to any rules imposed on it by Council; and, b. Recommend to the consideration of Council such actions as the committee determines Council should take. 4. The following shall be Voting Members of Council: a. One member from each Caucus; b. One member from each group recognized by section 8 of this By-Law; c. One member from each recognized GSS graduate campus Committee. 5. The following shall be Non-Voting Members of Council: a. All the members of Executive Committee; b. The Executive Director; and c. The Staff Representative. 6. With the prior approval of Council or the Executive Committee, Council Members shall be entitled to participate by telephone or other communications medium. Such Members shall be considered present at the meeting. 7. Should the University establish a graduate program where the determination of its representation on Council is ambiguous or otherwise not provided for under these Bylaws, Council shall have the authority to determine the manner in which that new program is represented on Council. 8. Council may, by a vote of at least a 3/4 majority, provide seats to external groups representing graduate student interests. a. Such appointments shall be made for a term of one year and shall be renewed annually by a majority vote at Council at the first meeting in the Fall semester. 9. Members of Council shall be elected in elections open to all the students represented by the respective positions. The terms of office for all Members of Council shall be one year starting from their dates of appointment. 10

11 a. All members in good standing with the Society are eligible to be elected to positions on Council if they are eligible to vote in the elections for those positions, unless: i. They are already Voting Members of Council and represent different groups of members, or ii. They are a Member of Executive Committee. b. If the number of Voting Members of Council falls below the number necessary to allow Council to meet, then an election for all unfilled seats on Council shall be deemed to have been called. 10. Any Caucus or group represented by a Voting Member of Council is entitled up to two Alternates to attend meetings and vote when the normal Voting Member of Council is unavailable; a. Eligibility and selection criteria for Alternates shall parallel the process outlined for election of Voting Members of Council; b. Alternates may only move and second motions, and vote, in the absence of the normal Voting Member of Council; c. Alternates may participate during in-camera sessions and are bound by the same confidentially guidelines as the normal Voting Member of Council; d. If both the Voting Member of Council and an Alternate are present at a Council meeting, the normal Voting Member of Council shall be considered the official representative for his constituent group or caucus. 11. Abandonment, Resignation and Removal: a. A member of Council may resign his position by submitting his resignation in writing to the Society and that resignation shall be effective on the date stated or on the date the communication is received by the Society, when a date is not specified. b. A regular member of Council shall be removed from Council on the day after which he has: i. Missed three (3) consecutive regularly scheduled meetings of Council without having an excuse for his absence approved by Council; or, ii. iii. iv. Ceased to be a member of the Society; or, Ceased to be registered in the department, faculty, joint program, or independent program which they were elected to represent according to section 4; or, Ceased to be registered in the graduate program they represent according to section 7. c. When a member of Council resigns or abandons his position on Council, an election shall be called to elect a new representative who shall start a new term of office. d. Additional processes for removing members of Council may be developed by the appointing group. e. A member of Council may be removed by special resolution. 12. Council shall normally meet at least once per month. a. Quorum for a meeting of Council shall be a majority of the Voting Members of Council, but shall in no event be less than five (5) Voting Members of Council. b. A regular meeting of Council shall require notice of at least seven (7) full business days to all members of Council. 11

12 13. Council shall be able to meet in an emergency to consider a limited agenda, providing no less than three (3) full business days of notice, including the agenda to be considered at the meeting. a. Emergency Council meetings may only carry out the agenda as provided in the notice; b. Emergency Council meetings maybe convened by: i. Members of Executive Committee or the Speaker of Council, if one has been appointed according to Section 13 of this By-law; ii. By a written request, including a date, time and agenda, from Committee or Speaker; c. If the Executive Committee or Speaker do not convene the duly requested emergency meeting as per subsection 13.b.ii, members of Council may themselves convene the meeting to consider the circulated agenda. 14. By 2/3 vote, Council may appoint one General Member of the Society as its Speaker for a 12 month period. a. The Speaker shall be eligible to receive a stipend in an amount to be established by regulation of the Society. b. Should the Council not appoint a Speaker in the manner provided in section 14, Council may choose any member of the Society, including members of Executive Committee, to act as Speaker. The authority of this person as Speaker of Council shall expire at the adjournment of the Council meeting at which he was appointed. 15. All members of the Society in good standing shall have speaking privileges at Council meetings and these rights and privileges shall not be abrogated except where Council must meet in camera to consider a matter of sensitivity to the Society and then only after Council has approved meeting in camera by the proper procedure. 16. Council may take no action in camera except those actions normally provided in its rules of order. 17. Each member of Council shall be entitled to a stipend for her service which shall be an amount established by Regulation. 12

13 By-Law VI: Executive Committee 1. The Executive Committee shall be a standing committee of Council. In this By-law, it shall be referred to as the Committee. 2. The Committee shall be responsible for the oversight of the day-to-day management of the Society. 3. The Committee shall exercise all the powers of the Society that are not required to be exercised in a general meeting or by Council, subject to: a. All laws affecting the Society; and b. All of the Society s governing documents. 4. The Committee may strike subcommittees of its members as it deems necessary to carry out its functions but it shall not delegate its power or authority to any subcommittee or person. Any subcommittee of Executive Committee shall: a. Conform to any rules imposed on it by the Committee; and, b. Recommend to the consideration of the Committee such actions as the subcommittee deems necessary or advantageous. 5. The Committee shall present a report on its operations at each meeting of Council to include: a. All relevant information concerning the actions taken by the Committee; and b. Recommendations on actions the Committee deems necessary or advantageous. 6. The Committee shall consist of: a. The elected student leaders whose positions are established by Council for the purpose of serving on Executive Committee; and b. The Executive Director of the Society, as a non-voting member. 7. The Committee shall have no more than ten (10) members. 8. The Committee shall normally meet every two weeks when classes are running or exams are being held. 9. Quorum for a meeting of the Committee shall be 2/3 of voting members. 10. A regular meeting of the Committee shall require at least four (4) full business days of notice to all members of the Committee. 11. The Committee shall be able to meet in an emergency, but then on no less than two (2) full business days of notice which provides the agenda for the meeting, and then it shall meet only to carry out the agenda for that meeting as given in the notice. 12. All members of the Committee shall be entitled to participate in any meeting of the Committee in person or by telephone or other communications medium so long as all members of the Committee participating in the meeting can communicate with each other. 13. Members participating but not present in person shall be deemed to be present at the meeting. 14. All meetings of the Committee shall be open to all members of the Society and all members of the Society shall have speaking privileges at Committee meetings except where the Committee must meet in camera. 15. The Committee may take no action in camera except those actions normally provided in its rules of order. 16. The Coordinators shall be elected by secret ballot in an election conducted by the Society. 17. Any General Member in good standing of the Society is eligible to run in an election for a position as a Coordinator. If a regular member of Council is elected as a Coordinator, they may continue on in their position on Council in addition to the Coordinator duties for the Society. 13

14 18. The Coordinators shall be elected for a term of one year, commencing on the first day of January and ending the last day of December. 19. Refer to By-Law X Election and Referenda for rules governing the replacement of Coordinators by by-election. 20. The Officers shall be elected in an election held annually in the months of February or March. All such Officers shall be elected for a term of one year, commencing on May 1 in the year which they are elected and running until the end of April in the subsequent year. 21. Any ordinary member in good standing of the Society is eligible to run in an election for a position as an Officer. If a regular member of Council or a Coordinator is elected as an Officer, then his resignation as a regular member of Council or as a Coordinator shall be deemed to have been delivered on the date he is declared elected and his resignation shall be effective on the first day of his term as an Officer. 22. Refer to By-Law X Election and Referenda for rules governing the replacement of Officers by by-election. 23. All Executive Committee members of the Society shall: a. Be signing authorities for the Society; b. Actively promote the Society s interests; c. Uphold the Society s governing documents at all times; d. Attend Council meetings, Executive Committee meetings, General Membership meetings, and other committee meetings as necessary; e. Chair committees of the Society as necessary; f. Prepare relevant reports and documents for Society business; g. Participate in relevant campaigns and events hosted by the Society; h. Work collaboratively and constructively with the Society s other Executive Committee members, Council, and staff; and, i. Complete regular duties as detailed in their respective position descriptions determined by Regulation approved at Council; j. Produce a transition report before they finish their terms; and, k. Spend approximately the hours stipulated in their respective position description. 24. Executive Committee members shall receive a stipend for each month they serve as a member of Executive Committee, the amount of which shall be determined by regulation. a. Stipends shall be paid in installments no less frequently than once a month. b. Council may, by a 2/3 majority, pass a resolution reducing the stipend for a given month for any member of Executive Committee if Council is satisfied that the member of Executive Committee has not fulfilled some or all of his obligations under these By-laws. 25. Executive Committee members may leave or be removed from their positions before the end of their terms by: a. Communicating their resignations in writing to Executive Committee. Resignations shall be deemed to be effective on the date stated or if no date is stated, they shall be effective on the date they are received. b. Motions at Council approved by 3/4 of the members of Council, but only if notice of the motions: i. Has been given at least two weeks in advance of the meetings at which the motions are considered; and, ii. Are posted prominently near the offices of the Society; and, 14

15 iii. Are given to all members of Council. c. Missing three (3) consecutive regularly scheduled meetings of the Committee or Council without approved regrets; d. Ceasing to be members of the Society without being granted Emeritus statuses as provided for in By-law II: Membership. 26. No single graduate student may be elected to any one position on the Executive Committee for more than two (2) full terms, but for no more than four total full terms in any position. 15

16 By-Law VII: Affiliations 1. Requirements for affiliation with outside organizations: a. In this section, the term "organization" shall refer to a society or other corporate body that claims to represent the interests of the Society or the members of the Society. b. The Society shall neither join nor enter into an agreement or contract with an organization which, directly or indirectly has the effect of making the Society or its members subject to the provisions of membership in that organization unless: i. That organization regularly publishes its annual budget, audited financial statements, and reports from its auditor in a manner available to all members and in accordance with the legislation governing that organization; and ii. That organization allows the Society to terminate its membership or contract if a majority of the members of the Society who, being entitled to, cast ballots in favour of termination in a referendum of the Society conducted in accordance with the Society's By-laws and regulations for conducting referenda. c. The Society shall neither join nor enter into such a contract or agreement with an organization unless: i. The terms of that agreement have been voted on by 25% of the Society s eligible voting membership in a referendum conducted in accordance with the Society's By-laws and regulations for conducting referenda, and then only if: ii. The question asked in that referendum is clearly worded and seeks approval of the contract, agreement, or membership to be approved, and then only if: iii. At least 3/4 of those voting in the referendum voted to approve the agreement. 16

17 By-Law VIII: Finances 1. The Society's fiscal year shall start on September 1 and shall end on August 31 of the following year. 2. The member of Executive Committee normally responsible for Society finances shall prepare a budget for the Society. a. Council will receive a presentation about the budget in the month of June or July. b. The budget shall be brought to Council for approval no later than the last day of the previous fiscal year. 3. The Society shall not make any expenditure outside of the budget without it first being approved by the Executive Committee or Council, subject to the following rules: 4. If the spending on any single item, whether approved as a single expenditure or as multiple expenditures, is no more than $5,000 and does not relate directly to the purchase or other acquisition of real property or an interest in real property by the Society, then it may be approved by a majority vote of either the Executive Committee or Council. 5. If the spending on any single item, whether approved as a single expenditure or as multiple expenditures, is in excess of $5,000 and does not relate directly to the purchase or other acquisition of real property or an interest in real property, then the expenditure must be approved by Council by a majority vote. 6. If the spending on any single item, whether approved as a single expenditure or as multiple expenditures, relates directly to the purchase or other acquisition of real property or an interest in real property, then the expenditure must be approved by Council by a vote of at least 2/3 in favour. 7. The Society shall not enter into any contract extending over a multiple-year period and which shall cost the Society in excess of $5,000 in any one year except upon approval by Council by a vote of at least 2/3 in favour. 8. The Society may borrow money to pursue the purposes of the Society, but any such action shall require a special resolution or a resolution of Council approved by a ¾ majority. 9. The Society shall at all times have at least three (3) signing authorities. All members of the Executive Committee, including the Executive Director, shall be signing authorities. a. The Society may appoint signing authorities in addition to those listed in subsection (a) and (b.), but such an appointment may only be made by a resolution of Council approved by a 3/4 majority. 10. The Society may levy a fee upon all members in order to advance the purposes of the Society and this fee shall be called the general membership fee. The amount of this fee must be approved by a referendum. 11. The Society may levy fees upon all members of the Society in order to fund services or organizations outside the Society which serve the membership. Each such fee shall be called a special membership fee. The amount of each special membership fee must be approved by a referendum in which a majority of the members voting in the referendum approve the fee. The monies collected from each special membership fee must be used to fund only one specific service or organization and the name of this organization, its purpose, and the purpose of the special membership fee must be clearly stated in the referendum question approving the fee. 12. The Society may establish levies upon all members of the Society in order to fund special undertakings of the Society. Each such levy shall be called a special levy. The amount of 17

18 each such levy must be approved by a referendum in which a majority of members voting in the referendum approve the fee. The monies collected from each such levy must be devoted to a particular purpose which must be stated clearly in the referendum question approving the levy. 13. The Society may establish a payment structure in which the amount of the fee or levy imposed on a member depends on his registration status in the University, so long as this payment structure is approved in the referendum question approving the overall fee or levy. 14. The Society must have an auditor who is qualified as per the Society Act. 15. At each Annual General Meeting (AGM), the Society shall appoint an auditor to hold office until the close of the next AGM, and if at that meeting an appointment is not made, the auditor in office continues as auditor until a successor is appointed. 16. If the auditors appointed at the AGM are no longer able to fulfill their duties, then Council may vote to appoint a replacement auditor. 17. An auditor may be removed by ordinary resolution at a general meeting. 18. An auditor shall be promptly informed in writing of her appointment or removal. 19. Notwithstanding any other provision in these By-laws, the auditor may attend general meetings of the Society, but may not vote unless they have the right to vote by virtue of membership in the Society. 18

19 By-Law IX: Governing Documents 1. Amendments to the Society's Constitution may be made only by special resolution or by such other methods as allowed by the Society Act. 2. Amendments to the Society's By-laws may be made by: a. Special resolution approved by a general meeting of the Society, b. Special resolution approved by indirect voting through a referendum of the Society according to these By-laws, or c. Such other methods as allowed by the Society Act. 3. Members of the Society may propose a special resolution to amend these By-laws by presenting to the Society a petition: a. Stating the text of the special resolution to be voted on, and b. Bearing the names and signatures of at least one-hundred (100) members of the Society in good standing. 4. The Society may establish, amend, or repeal such governing documents as it sees fit in order to provide for the necessary and useful administration of the Society. a. Regulations and policies may only be established, amended, or repealed by a ¾ majority vote at a meeting of Council. b. Terms of reference may only be established, amended, or repealed by a majority vote at a meeting of Council. c. No such governing document shall be established, amended, or repealed if the effect of that action shall cause a consequence where that governing document, either in itself or in combination with some other governing document(s), shall conflict with the Bylaws or Constitution of the Society. 5. Council, the Executive Committee, general meetings of the Society, and any other body of the Society created through these By-laws or created by those bodies may, by vote of a 2/3 majority, adopt for itself a special rule of order that shall take precedence over the rules of order normally used by the Society but only so long as that special rule of order: a. Governs the procedure used to run a meeting of that body or the general meeting which adopted it; b. Does not change the necessary quorum, notice, or majority for any matter as given in these By-laws; c. Does not infringe upon the rights of members as given in these By-laws or other governing documents; and d. Does not otherwise conflict with these By-laws. 6. Any body or meeting which adopts a special rule of order according to section 5 may alter, amend, or repeal that rule by a vote of a 2/3 majority. 19

20 By-Law X: Election and Referenda 1. All elections, by-elections, and referenda of the Society are referred to collectively in this By-law as "electoral undertakings. 2. All by-laws or other governing documents regarding elections shall also apply to byelections. 3. The Society shall maintain an Electoral Committee (referred to in this By-law as the Committee") to oversee all electoral undertakings of the Society. a. The Committee shall be the body responsible for overseeing and enforcing all bylaws and other governing documents relating to electoral undertakings. b. Council shall appoint three (3) members of the Society who shall be referred to as Electoral Officers. i. A maximum of two (2) members of the Committee may be Voting Members of Council. Members of Executive Committee are prohibited from being on the Committee. c. Council shall designate one (1) of the Committee members to serve as the Chief Electoral Officer. d. Each member of the Committee shall be entitled to an Alternate who shall serve in their stead when: i. The regular member of the Committee is in a conflict of interest ii. The regular member of the Committee is unable to participate in the proceedings of the Committee with an excuse approved by Council. e. Members of the Electoral Committee shall receive a stipend. f. While they are members of the Committee, Committee members are prohibited from: i. Being a candidate for any position in any election being overseen by the Committee; ii. Directly or indirectly organizing any campaign for any candidate running in a GSS election, any referendum, or other electoral undertaking being overseen by the Committee. g. Quorum shall be two (2) members of the Committee. h. No Electoral Committee decisions or procedures conducted in keeping with the Bylaws and other governing documents may be overturned by a vote at Council. The decisions and/or procedures of the Electoral Committee are subject to the GSS appeals process and can be challenged at a general meeting. 4. Voting shall be conducted by secret ballot. a. The Committee shall ensure that all ballots cast are stored securely at all times. b. Ballots for elections must include a none of the above c. Ballots for referenda must include an abstention choice in the case of referenda. d. The Committee may delegate the supervision of polling for any electoral undertaking to a group of graduate students or employees or agents of the Society as it sees fit. e. There shall be at least two (2) consecutive business days of polling that shall be accessible to all eligible voters f. Polling must occur during a period when University classes are in session. g. Polling shall not occur until after the end of the campaign period. 20

21 h. Each ordinary member shall be entitled to a number of votes equal to the total number of positions that are being elected and referendum questions, but shall not cast more than one vote for any individual candidate or question. 5. Plurality voting shall be used for all electoral undertakings. a. If the vote difference between the candidate or question that achieved plurality and the next most popular option is less than 2% of the total votes cast for the respective position or question, the Committee must undertake a recount of the votes cast, and shall not declare that position elected or a response chosen until it is satisfied as to which candidate or response has received more votes. b. The Committee shall ensure that the ballots cast will not be counted until after the completion of polling. c. Counting shall be complete within four (4) business days after the completion of polling. d. The Committee shall announce full results of the election as soon as reasonably possible after all of the ballots that have been properly cast have been counted. e. If at the close of the nomination period, there is only one (1) candidate for a given position, the candidate will be considered elected if she receives more votes in favour than votes cast for the none of the above option. 6. Any Member of Executive Committee who resigns or is removed prior to the end of her term shall be replaced by means of a by-election, except when: a. The resignation or removal occurs less than four months before a regular election period; b. The resignation or removal occurs for a position that the Executive Committee or Council would like to re-evaluate; c. Holding a by-election would put unreasonable strain on the functioning of the Society; or d. There exists another compelling reason not to hold a by-election. 7. In the case of a temporary vacancy in the one of the positions on Executive Committee, Council may appoint an interim that shall not last more than four (4) months. 8. Referenda shall be binding on the society, unless: a. Less than 5% of the members of the Society cast ballots in that referendum; AND/OR, b. The text of the referendum question voted on clearly indicates that the referendum is non-binding on the Society; AND/OR, c. The referendum question states who or what body or bodies of the Society shall have the final decision of whether the Society shall, in whole or part, undertake the action presented in the referendum question. 9. The Committee shall determine appropriate consequences for violations of the by-laws or other governing documents related to electoral undertaking, including but not limited to: a. Levying fines; b. Invalidating candidacy of the person committing the breach; and/or c. Recommending Council place a member in bad standing. 10. In no case shall the total fine levied against a single person or group exceed $ If the electoral process as specified in these By-Laws, or in regulation, or in procedure established by the Committee should be severely disrupted, the Committee shall determine the manner in which the process shall be completed. 21

22 By-Law XIII: Executive Director 1. Council shall determine the duties and remuneration of the Executive Director. Council may authorize any or all of Executive Committee to sign a binding contract with the Executive Director to this effect. 2. The Executive Director shall coordinate all functions of any staff the Society may employ, and act as the primary liaison between the Society and its staff. 3. The Executive Director shall be a non-voting member of Council. 4. The Executive Director shall be a non-voting member of the Executive Committee. 5. The Executive Director shall be a signing authority for the Society. 6. Other duties of the Executive Director may be established by the Executive Committee or by Council and shall be contained in the Executive Director s contract. 22