THE CONSTITUTION OF THE STUDENT GOVERNMENT ASSOCIATION

Transcription

1 THE CONSTITUTION OF THE STUDENT GOVERNMENT ASSOCIATION OF THE UNIVERSITY OF CENTRAL MISSOURI We, the students of the University of Central Missouri, acting in the belief that students are the basis of the university and believing that there is honor and dignity in self government, in order to provide a forum for free and open expression of student ideas and opinions, do hereby ordain and establish this Constitution for the Student Government Association of the University of Central Missouri. Article I Title and Authority All powers conceded herein to the student body of the University of Central Missouri, hereafter referred to as UCM, shall be vested in this Student Government Association, hereafter referred to as the SGA, by the UCM Board of Governors. Article II Purpose The purpose of the SGA shall be to address the issues and concerns of the students and University community and to serve as a liaison between the students, faculty, staff, and administration of UCM. Article III Membership Section 1. All enrolled, degree-seeking students of UCM shall be considered ipso facto members of the SGA. Section 2. All SGA officers must be enrolled, full-time students at UCM. Section 3. The SGA shall not discriminate on the basis of race, ethnicity, color, religion, sex, sexual orientation, national origin, gender identity and expression, disability, socioeconomic status, age, creed, or any other factors not specified as qualifications for membership in this organization. Article IV The Executive Branch Section 1. All executive powers of the SGA are vested in the Executive Branch of the organization. The Executive Branch shall be responsible for the communication of SGA opinions and the enforcement and execution of SGA policies. Section 2. Each and every member of the executive branch shall possess a cumulative and semester grade point average of no less than 2.75, on a 4.0 scale, as of the day of the general election, to obtain office. Furthermore, he/she must possess a semester grade point average of no less than 2.75, on a 4.0 scale, to retain office. No executive officer shall hold the same office for a period longer than two (2) academic years. 1

2 Section 3. The President, Vice President shall possess at least one semester of experience as an SGA officer prior to holding executive office. Section 4. The President A. Qualifications 1. Shall be popularly elected by a majority vote of ballots cast in the spring election. 2. Shall be known as the UCM SGA President and/or the Student Body President. 3. Shall hold no other SGA office with exception of ex-officio membership. B. Duties, Powers, and Responsibilities 1. Shall serve as the official representative of the student body in all matters of direct relevance to the University. 2. Shall have the responsibility to forward all approved SGA legislation to its proper mandates within two weeks of presidential approval. 3. Shall regularly convene Congress. 4. Shall recommend to Congress such measures as he/she shall judge necessary and expedient. 5. Shall have the power to call a special meeting of the SGA Executive Branch, Senate, House of Representatives, or Supreme Court, as well as the power to convene a joint session of Congress, provided he/she gives notice to the group in question at least twenty-four (24) hours prior to the aforementioned meeting. 6. Shall, in conjunction with the Treasurer, devise and prepare an operational budget to be approved by Congress. 7. Shall have the power to appoint temporary commissions, ad hoc committees, and task forces. 8. Shall appoint students to University committees, commissions, and task forces. 9. Shall appoint his/her Executive Cabinet. 10. Shall nominate qualified students to fill vacancies in the Supreme Court. Nominees must be confirmed by a two-thirds (2/3) vote of the Senate and the House. 2

3 11. Shall have the authority to veto legislative acts of the SGA Senate and House of Representatives, with the exception of bills of censure or impeachment, within six (6) days of their passage. The President shall be required to present a written explanation of the veto to the Legislative Branch at the next Senate and House meeting. The President may announce his/her intention to veto a legislative act prior to issuing such veto in order that the body may revise their legislation if they so choose. 12. Shall have the right to refer any monetary allocation to the Supreme Court, within 30 days of the passage of the legislation if she/he does not feel that the allocation is being used to the intent of the legislation. 13. Shall have the authority to refer executive members to the Supreme Court for violations of their duties. 14. Shall not have SGA voting privileges. Section 5. The Vice President A. Qualifications 1. Shall be popularly elected by a majority vote of ballots cast in the spring election. 2. Shall be known as the UCM SGA Vice President and/or the Student Body Vice President. 3. Shall hold no other SGA office with exception of ex-officio membership. B. Duties, Powers, and Responsibilities 1. Shall serve as the presiding officer of the Senate, House and joint sessions of Congress. 2. Shall appoint chairpersons and committee members for all House and Senate standing committees, ad hoc committees and joint standing committees. 3. Shall be responsible for the effectiveness, productivity, and efficiency of all SGA committees. 4. Shall regularly convene meetings of the SGA Cabinet. 5. Shall serve as an ex-officio member of all SGA committees. 6. Shall have the authority to call any SGA committee meeting into session, provided twenty-four (24) hours notice is given to committee members. 3

4 7. Shall maintain, in cooperation with the SGA Secretary, accurate House and Senate attendance records for all SGA functions and activities. 8. Shall convene conference committees to address discrepancies in joint legislation. 9. Shall not have voting privileges, unless a tie has occurred. Section 6. The Speaker of the Senate A. Qualifications 1. Shall be popularly elected by a majority of votes cast within the Senate. Such elections shall take place anytime the position becomes vacant. 2. Shall have served at least one full semester in the SGA Congress prior to taking this office. 3. Shall hold no other SGA office. 4. Shall be allowed to be the ex-officio chair of a Senate Select committee only at the discretion of the Vice President. B. Duties, Powers, and Responsibilities 1. Shall conduct meetings using Parliamentary Procedure as a guideline that has been laid out in the most current edition of Robert s Rule of Order in order to fulfill the purpose of the SGA. When Parliamentary Procedure conflicts with the best interests of the students, the interests of the students shall supersede Parliamentary Procedure. 2. Shall not participate in debate, or in any way express his/her opinion in the Senate, without first obtaining the permission of a majority of the members present or by returning authority to the Vice President and returning to the body. Section 7. The Speaker of the House of Representatives A. Qualifications 1. Shall be popularly elected by a majority of votes cast within the House. Such elections shall take place anytime the position becomes vacant. 2. Shall have served at least one full semester in the SGA Congress prior to taking this office. 4

5 3. Shall hold no other SGA office. 4. Shall be allowed to be the ex-officio chair of a House Select committee only at the discretion of the Vice President. B. Duties, Powers, and Responsibilities 1. Shall conduct meetings using Parliamentary Procedure as a guideline that has been laid out in the most current edition of Robert s Rule of Order in order to fulfill the purpose of the SGA. When Parliamentary Procedure conflicts with the best interests of the students, the interests of the students shall supersede Parliamentary Procedure. 2. Shall not participate in debate, or in any way express his/her opinion in the House of Representatives, without first obtaining the permission of a majority of the members present or by returning authority to the Vice President and returning to the body Section 8. The Secretary A. Qualifications 1. Shall be appointed by the President of the SGA. 2. Shall hold no other SGA office. B. Duties, Powers, and Responsibilities 1. Shall serve as the official secretary of the SGA House and Senate and SGA Executive Board. 2. Shall attend, or appoint a representative to attend, all SGA House and Senate and Executive meetings. 3. Shall maintain the official records of all SGA events, functions, and activities. 4. Shall type, post, and distribute the minutes of any House and Senate meeting within forty-eight (48) hours of the conclusion of Senate meetings. 5. Shall prepare, distribute, and maintain an accurate contact list for all members of the SGA. 6. Shall contact all officers of the SGA in the event that they must attend an emergency meeting. 5

6 Section 9. Treasurer 7. Shall maintain electronic and paper records of all minutes and legislation for publication at the end of each academic semester. 8. Shall organize and maintain the SGA office. 9. Shall maintain all files located in the SGA office. 10. Shall, at the request of the Vice President, read all legislation pertinent to the discussion on the floor at any given Senate meeting. 11. Shall prepare all correspondence between the SGA and other organizations. 12. Shall keep a sound, accurate, and up-to-date log of any and all cases brought before the Supreme Court. 13. Shall assist the President and the Vice President in the completion of their duties. 14. Shall not participate in debate, nor ask any questions other than those pertinent to the proper transcription of minutes. A. Qualifications 1. Shall be appointed by the SGA President. 2. Shall hold no other SGA office. B. Duties, Powers, and Responsibilities 1. Shall, in conjunction with the President, devise and present an operational budget to be approved by a simple majority of both houses of Congress. 2. Shall prepare a concise written report of the current financial status of the SGA, as the status changes, for review at Senate and House meetings. 3. Shall attend all Senate and House meetings. 4. Shall ensure that all funds are spent in accordance with the SGA Constitution and Bylaws and University policies and procedures. 5. Shall have no voting privileges, but is encouraged to advise the legislature in financial matters. Section 10. The Student Governor 6

7 A. Qualifications 1. Shall be appointed by the Governor of the State of Missouri. 2. Shall hold no other SGA office with the exception of ex-officio membership. B. Duties, Powers, and Responsibilities within the SGA 1. Shall serve as an ex-officio member of the SGA who shall attend all meetings of the Senate, House, and joint meetings of Congress. 2. Shall inform the SGA of all pertinent information discussed by the Board of Governors. 3. Shall convey to the Board of Governors any and all formal concerns, opinions, and initiatives of the SGA. 4. Shall have no voting privileges, but is encouraged to participate in debate. Article V The Congress Section 1. All legislative powers of the SGA are vested in the Legislative Branch of the organization to be known as the Congress. The Legislative Branch shall be responsible for expressing the concerns, opinions, and ideas of the student body by enacting necessary legislation. Section 2. The Congress shall be comprised of two houses to be known as the Senate and the House of Representatives. Section 3. Special and joint sessions of the Senate and/or House of Representatives may be called by the President, by a written request to the Vice President from one-third (1/3) of the voting Senators or one-third (1/3) of the voting Representatives, or by a written request of 500 members of the Student Body. Voting in special and joint sessions will be conducted as separate votes for separate chambers. During joint sessions both the Senate and the House shall vote as individual bodies and not as a whole. Section 4. The Senate A. Qualifications 1. Shall be elected by a majority in the spring general election or nominated through the Senate Selections Committee and confirmed by a two-thirds (2/3) vote of the Senate. 7

8 2. All Senators who are popularly elected in the spring elections shall serve a one year term from August of that year until August the following year. 3. All Senators nominated through the Senate Selections Committee shall run for election in the closest Spring election. 4. Shall possess a cumulative and semester grade point average of no less than 2.5, on a 4.0 scale, to obtain office. Furthermore, he/she must possess a semester grade point average of no less than 2.5, on a 4.0 scale, to retain office. 5. May not hold dual membership in the Senate and House of Representatives. B. Structure 1. The Senate shall be composed of twenty-five (26) Senators elected from each of the various class rankings, the graduate school, and the governance groups. 2. There shall be four Senators to represent each undergraduate class rank to be comprised as follows: a. Four (4) freshmen b. Four (4) sophomores c. Four (4) juniors d. Four (4) seniors 3. There shall be two (2) Senators to represent the graduate school. 4. There shall be one Senator for each of the following Governance Groups: Association of Black Collegiates (ABC), Interfraternity Council (IFC), Panhellenic Council (NPC), United Student Housing Association (USHA), National Pan-Hellenic Council (NPHC), International Students Organization (ISO), the Graduate Student Association (GSA) and Spotlight. 5. One more than one half (1/2) of the membership of the Senate at any point in time, shall constitute a quorum. If at any time the Senate loses quorum, all official business not yet discussed will be postponed to the Senate s next general business meeting. C. The Senate shall have the following powers and duties: 1. To have regular meetings presided over by the Vice President. 2. To construct a working set of bylaws in conjunction with the House which shall, at minimum, contain the functions and duties of the SGA committees and provisions for operations thereof. 8

9 3. To pass articles of legislation. 4. To override presidential vetoes with a constitutional super majority vote of the Senate in conjunction with a constitutional super majority vote of the House. 5. To create and delegate enumerated powers to Senate committees. 6. To, in conjunction with the House, confirm Supreme Court nominations with a two-thirds (2/3) vote and Judicial Advisory Council with a constitutional majority vote. 7. To approve the SGA budget with a simple majority vote in conjunction with a simple majority vote of the House of Representatives. 8. To call a joint session of Congress by a one-third (1/3) vote of the Senate and the House. 9. To hold special elections to fill vacancies in the Senate or address pertinent concerns of the Student Body. 10. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution, the University, or any department or officer thereof, to the SGA. D. Each Senator shall have the following powers and duties: 1. To sponsor or co-sponsor articles of legislation. 2. To have one (1) vote in all legislative matters. 3. To attend all regular, scheduled meetings of the Senate, unless excused by the Vice President. 4. To propose motions and participate in debate. 5. To serve as a member of at least one (1) standing committee. 6. To attend all scheduled meetings of the standing committee(s) on which he/she serves, unless excused by the chairperson of said committee. 7. To hold one (1) office hour per week. 8. To represent the concerns of members of his/her constituency in cases heard before the Supreme Court. 9

10 9. To serve until resignation, removal from office, or expiration of the academic year. 10. To regularly consult with members of his/her constituency. Section 5. The House of Representatives A. Qualifications 1. Shall be composed of representatives from each college, based on that colleges declared majors as a percent of the entire institutions declared majors, as published by the University. 2. Shall possess a cumulative and semester grade point average of no less than 2.5, on a 4.0 scale, to obtain office. Furthermore, he/she must possess a semester grade point average of no less than 2.5, on a 4.0, scale to retain office. 3. May not hold dual membership in the Senate and House of Representatives. 4. Each college shall be responsible for ensuring that its representative remains active and accountable to that college s constituents. 5. The entire membership of the House shall be annually elected by their peers in the spring elections by that student s academic college, or by applying in the SGA Office and being confirmed by the House of Representatives. Each College will be allowed at least one (1) representative or more based upon the percent of declared majors in that college, compared to the overall total of declared majors. 6. All Representatives nominated through the House Selections Committee shall run for election in the closest Spring election. 7. The total number of representatives in the House will not exceed forty-five (45), and the proportion for the number of representatives per college will be taken out of forty-five (45). That proportion will be determined by applying the percent from section five and multiplying that by the number The Secretary will be in charge of maintaining the number of representatives per college. Any remainders will be rounded appropriately. In the result of a tied percentage between two colleges, the appointment will be determined by the SGA Supreme Court based on criteria set within the SGA Bylaws. B. Structure 1. There shall be at least one (1) student representative for each college. 10

11 2. Representatives may only represent one (1) college and must be a member of that college. C. The House of Representatives shall have the following powers and duties: 1. To have regular meetings presided over by the Vice President. 2. To construct a working set of bylaws in conjunction with the Senate which shall, at minimum, contain the functions and duties of the SGA committees and provisions for operations thereof. 3. To represent the concerns and opinions of colleges and their respective student organizations through the passage of articles of legislation. 4. To override presidential vetoes by a constitutional super majority vote in conjunction with a constitutional super majority vote of the Senate. 5. To, in conjunction with the Senate confirm Supreme Court nominations with a two-thirds (2/3) vote and Judicial Advisory Council with a constitutional majority vote. 6. To approve the SGA budget with a simple majority vote in the Senate in conjunction with a simple majority vote of the House. 7. To call a joint session of Congress by a one-third (1/3) vote of the House and Senate. 8. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, the University, or any department or officer thereof, to the SGA. D. Each Representative shall have the following powers and duties: 1. To sponsor or co-sponsor articles of legislation. 2. To have one (1) vote in all legislative matters. 3. To attend all regular, scheduled meetings of the House unless excused by the Vice President. 4. To propose motions and participate in debate. 5. To serve as a member of at least one (1) standing committee, if necessary and available as determined by the Vice President. 6. To attend all scheduled meetings of the standing committee(s) he/she serves on 11

12 unless excused by the chairperson of said committee. 7. To hold one (1) office hour per week. 8. To represent the concerns of members of his/her constituency in cases heard before the Supreme Court. 9. To serve until resignation, removal from office, or expiration of the academic year. 10. To communicate with his/her constituencies regarding SGA business. Section 6. Legislative Process A. Bills shall be those pieces of legislation that take action to deal with issues of the University or student body. For example, bills are used to amend the Bylaws or Constitution or to allocate funds. B. Resolutions shall be those pieces of legislation that express the opinion of the SGA. C. Nominations shall be those pieces of legislation that nominate persons to fill SGA vacancies. D. Censures shall be those pieces of legislation that reprimand or place on probationary status any officer(s) of the SGA. E. To become an official law, bills must be approved by both houses of Congress and signed by the SGA President. Official laws will be submitted to the President of the University. F. If the Senate and House disagree as to specific language or intent of legislation, a conference committee shall be appointed by the Vice President to resolve disagreements. G. All legislation shall be numbered in the Chamber Month Day Year Sequence. 1. Legislation originating in the Senate shall have a capital letter S prior to the Month. 2. Legislation originating in the House shall have a capital letter H prior to the Month. Article VI The Judicial Branch 12

13 Section 1. All judicial powers of the SGA, and those delegated therein by the University, shall hereby be vested in the Supreme Court of the SGA. Section 2. The Supreme Court shall be composed of six (6) Associate Justices and one (1) Chief Justice. Section 3. Qualifications. A. Justices shall be nominated by the President of the SGA and confirmed by a twothirds (2/3) vote of the Senate and House. B. A justice must possess a cumulative and semester grade point average of no less than 2.75, on a 4.0 scale, as of the day of confirmation to obtain office. Furthermore, he/she must possess a semester grade point average of no less than 2.75, on a 4.0 scale, to retain office. C. A justice must have completed 30 undergraduate credit hours prior to confirmation. D. A justice may not hold any other SGA office. Section 4. Membership A. Members of the Supreme Court are appointed for the standard of good behavior. B. Advisory Council for the SGA Supreme Court shall consist of three (3) members of the UCM faculty, staff, and/or administration recommended by the SGA President and approved by a constitutional majority of the Senate and House. Section 5. Authority A. The Supreme Court derives its power from the Constitution of the SGA and Bylaws of the SGA. The Supreme Court will be the highest level of judicial review by the student body. B. No administrative body shall have any authority to interfere with the Supreme Court s duty to verify or maintain sound and fair elections or to overturn a decision of the Supreme Court without its knowledge. Section 6. The Supreme Court shall have the following powers and duties: A. Shall have original jurisdiction in all cases of interpretation of the SGA Constitution and any other student organization constitutions. B. Shall determine necessary and proper sanctions to any and all student organizations found in violation of their respective constitution or the Constitution of the SGA. 13

14 C. Shall verify the results of all students elections run by the SGA and ensure such elections are properly officiated. D. Shall have the power to hear any redress of grievances petitioned by members of the student body. E. Shall hear cases in the order of which their writs are approved except in regard to voting issues which take priority to other cases unless a majority of the court expresses opposition. F. Shall hear all cases regarding removal or impeachment of officers of the SGA without public hearing. Article VII Order of Succession Section 1. In the event of the death, resignation, disqualification or impeachment of the President before he/she can fully serve his/her term, the order in which the authority passes shall be: The President shall be succeeded by the Vice President, and the position of Vice President shall be filled from within the SGA by a majority vote in both chambers of Congress. Section 2. In the event of the deaths, resignations, disqualifications or impeachments of both the President and the Vice President, the Senate and the House shall vote on temporary replacements by a majority vote in both houses, and host a special election within thirty (30) days of such a vacancy. Section 3. Neither the Secretary, nor Treasurer, nor Student Governor shall automatically fall within the order of succession. Article VIII Elections Section 1. The Congress shall prescribe the time, location, and manner of all SGA elections as outlined in the election guidelines of the SGA Bylaws. Section 2. The annual general election to fill legislative and executive positions shall be held during the second full week of April. The elections shall be held on a consecutive Tuesday and Wednesday. Senators representing the freshmen class shall gain membership through the Senate Selections process. Section 3. The Congress shall have the power to hold special elections to fill vacancies in the Congress or address pertinent concerns of the Student Body. Article IX Impeachment Section 1. Any officer of the SGA may be removed from office at any point during the year for 14

15 failure to complete duties, any breach of the SGA constitution and/or bylaws, or for conduct unbecoming a student leader at UCM. Section 2. Impeachment proceedings may be brought against any officer of the SGA by another officer of the SGA. A. The accusing member of the SGA must submit articles of impeachment to the SGA President. It shall be at the discretion of the President to call an impeachment hearing. The President shall honor any calls for impeachment that are reasonable. B. If articles of impeachment are drafted for removal of the President, the articles must be submitted to the Vice President. It shall be at the discretion of the Vice President to call an impeachment hearing. The Vice President shall honor any calls for presidential impeachment that are reasonable. C. If the President authors articles of impeachment, they shall be submitted to the Vice President. It shall be at the discretion of the Vice President to call an impeachment hearing. The Vice President shall honor any calls for impeachment that are reasonable. Section 3. Impeachment hearings shall be held before a joint session of congress with the Supreme Court Chief Justice presiding. Evidence shall be presented by the author of the articles of impeachment or by the President. In the event that the President is being impeached, evidence shall be presented by the author of the articles of impeachment or the Vice President. The accused member shall be present at the meeting and shall be given the opportunity to defend himself/herself including the opportunity to call witnesses. If the accused is a member of Congress, he/she shall not have a vote in the impeachment proceedings. Section 4. At the conclusion of the impeachment hearing, there shall be a period of deliberation for the Senate and House, during which the accused shall not be present. A 2/3 vote of both houses shall be required for impeachment. The sentence shall be handed down by the Supreme Court Chief Justice within twenty-four (24) hours of the Senate s decision. Section 5. There shall be three possible sentences in the event that the Senate finds the accused member responsible. A. The impeached may be written an official letter of censure that shall serve as a warning against previous actions. B. The impeached may be placed on probation. Any additional offenses by that member shall result in immediate removal from office. C. Full and immediate removal from SGA office. Article X Initiation, Petition, and Referendum 15

16 Section 1. Any individual student or student organization of UCM shall have the right to petition for a student referendum. Section 2. The petition for referendum shall contain the signatures and student identification numbers of at least five (5) percent of the total number of enrolled UCM students. Section 3. Upon completion of the petition, it shall be presented to the SGA President. The SGA President shall arrange for a referendum on the issue during a special election no later than fourteen (14) days prior to the end of the semester. Section 4. A simple majority of the students voting on the referendum shall constitute a decision on the referendum in question. Section 5. The students shall have the power, by this process, to repeal legislative acts of the SGA. Article XI Amendments and Ratification Section 1. Proposal A. Any member of the SGA may propose an amendment to this constitution. B. SGA Officers may propose amendments by submitting a bill to either house of Congress. C. Any other students must propose amendments using the petition process outlined in Article X of this constitution. Section 2. Approval A. An amendment shall be passed by a two-thirds (2/3) vote of the Senate in conjunction with a two-thirds (2/3) vote of the House. B. Upon approval by both houses, the amendment shall be presented to the student body for passage during a special election no later than fourteen (14) days prior to the end of the semester during which the amendment was proposed. C. The SGA Constitution shall require two-thirds (2/3) affirmative vote of the student voters in a campus-wide election to be considered ratified. Article XII Supremacy and Authority Section 1: The SGA Bylaws shall serve as the official governing document and reference to any and all SGA activities. However, it should be noted that the SGA Constitution can not in any 16

17 way be circumvented. Section 2: The University of Central Missouri s policies and procedures, the SGA Constitution and Bylaws, along with any precedent set forth by the SGA Supreme Court shall serve as the ultimate authority in the operation and government of the Student Body at the University of Central Missouri. Appendix Definitions SGA officer- shall refer to any student that holds SGA office including SGA executive board members, members of Congress, and Supreme Court justices. Simple majority- shall be no fewer than one more than one-half of all members present and voting. Super majority- shall be no fewer than two-thirds (2/3) of all voting members present. Constitutional majority- shall be no fewer than one more than one-half of the full body. Constitutional super majority- shall be no fewer than two-thirds (2/3) of the full body. Presiding- shall act as the highest ranking officer while not being the speaker of that body. 17