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Author:
Senator Shanna Schultz
Sponsors:
Senator Tyler Johnson
Pro-Tempore Sarah Wood
Senator Christopher Ramirez
Senator Allie Benson
Date of First Reading: January 24, 2011
C.A.S 2010/2011-1
“The Schultz-Johnson Amendment”
WHEREAS:
the Associated Student Government Constitution is the
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highest governing document in our government system;
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and
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WHEREAS:
Article V of the Associated Student Government
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Constitution is currently very vague and ambiguous;
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and
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WHEREAS:
Article V’s ambiguity was revealed during the
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impeachment proceedings in the Fall of 2010 when the
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Special Disciplinary Review Committee saw that a
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member of the Associated Student Government had
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violated the Code of Ethics but had no Constitutional
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foundation to proceed with impeachment hearings; and
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WHEREAS:
allowing for our governing documents to be merely a
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symbol of an idea without any means of enforcement is
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unacceptable as it doesn’t deter behavior below the
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standard of the Associated Student Government,
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therefore
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BE IT ENACTED: that the Constitution of the Associated Student
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Government be amended at Article V to strike all
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of Sections A,B,C,D,E,F,G and replace the
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entirety of Article V with the following:
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Section 1: Definitions, Oxford English Dictionary, 3rd Edition,
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November 2010 Print
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A. Official: A person holding public office or having
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official duties, esp. as a representative of a
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government or administration, or in connection with
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some public institution or officially-constituted
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body, organization, society, etc.
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B. Major Infraction: Definition is a two part
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interpretation. Major shall be used contextually as an
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intensifier defined as bad, serious; big, great;
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superlative and infraction is defined as the action of
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breaking or infringing (a bond or obligation); breach,
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violation, infringement.
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Section 2: Grounds for initiation of impeachment proceedings
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A. Grounds for initiation of impeachment proceedings are
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major infractions of the following:
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a. University Policies and Procedures
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b. Code of Student Conduct in the Student Handbook
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c. Gross violation(s) of the ASG Constitution.
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d. Gross violation (s)of the Code of Laws, Rules of
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Procedures, Election Code, Code of Ethics or any
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other ASG governing document that require more
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action than what is invested to the Vice President.
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B. Impeachment of a Senate Official
a. A petition for allegations, reasoning, or precedent
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must be signed by, but not limited to, five Senators
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in good standing. The petition must be read to the
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ASG Senate during a regular legislative meeting.
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b. Upon petition, the Special Disciplinary Review
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Committee shall investigate the petitioned
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allegations against any Senate official.
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c. If the Special Disciplinary Review Committee finds
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that the allegations warrant affirmation, then the
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impeachment proceedings will continued as outlined
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in Section 3 and 4.
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C. Impeachment of a Graduate House Official
a. A petition for allegations, reasoning, or precedent
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must be signed by, but not limited to, three House
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Representatives in good standing. The petition must
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be read to the ASG Graduate House during a regular
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legislative meeting.
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b. Upon petition, the Special Disciplinary Review
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Committee shall investigate the petitioned
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allegations against any House official.
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c. If the Special Disciplinary Review Committee finds
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that the allegations warrant affirmation, then the
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impeachment proceedings will continued as outlined
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in Section 3 and 4.
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D. Impeachment of a Judiciary Official
a. A petition for allegations, reasoning, or precedent
must be signed by, but not limited to, five Senators
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and three House Representatives in good standing.
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The petition must be read to the ASG Senate during a
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regular legislative meeting. Petition may be read to
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the House, but the Special Disciplinary Review
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Committee may meet before the House reading.
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b. Upon petition, the Special Disciplinary Review
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Committee shall investigate the petitioned
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allegations against any Judiciary official.
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c. If the Special Disciplinary Review Committee finds
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that the allegations warrant affirmation, then the
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impeachment proceedings will continued as outlined
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in Section 3 and 4.
E. Impeachment of an Executive Official
a. A petition for allegations, reasoning, or precedent
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must be signed by, but not limited to, five Senators
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and three House Representatives in good standing.
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The petition must be read to the ASG Senate during a
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regular legislative meeting.
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i. If the impeachment is for the ASG President or
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ASG Vice President, the petition must be read
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to both chambers.
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b. Upon petition, the Special Disciplinary Review
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Committee shall investigate the petitioned
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allegations against any Executive official.
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c. If the Special Disciplinary Review Committee finds
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that the allegations warrant affirmation, then the
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impeachment proceedings will continued as outlined
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in Section 3 and 4.
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Section 3: Special Disciplinary Review Committee (SDRC)
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A. For allegations against a Senate Official, the
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SDRC shall be compromised of the chairs of the
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Senate Standing Committees Chairs and the
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Chairperson Pro-Tempore. The Chairperson Pro-
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Tempore shall be the chair and preside over the
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meeting as well as only vote in case of a tie.
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B. For allegations against a House Official, the
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SDRC shall be comprised of all the House Standing
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Committee Chairs and the House Leader. The House
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Leader shall be the chair and preside over the
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meeting and only vote in case of a tie.
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C. For allegations against a Judiciary Official, the
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SDRC shall be comprised of all Standing Committee
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Chairs and the Chairperson Pro-Tempore. The
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Chairperson Pro-Tempore shall be the chair and
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preside over the meeting and only vote in case of
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a tie.
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D. For allegations against an Executive Official,
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the SDRC shall be comprised of all Standing
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Committee Chairs, the House Leader and
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Chairperson Pro-Tempore. The Chairperson Pro-
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Tempore shall preside over the meeting and only
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vote in case of a tie.
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a. For allegations against the ASG President or
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Vice President, the SDRC shall be comprised
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of all Standing Committee Chairs, the House
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Leader, the Chairperson Pro-Tempore and the
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Senate Parliamentarian. The Parliamentarian
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shall be the chair and preside over the
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meeting and only vote in case of a tie.
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E. The SDRC shall be a closed meeting with only the
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members allocated to the committee attending.
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a. Each meeting of the SDRC shall be recorded,
audibly or written, for accurate reference
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and shall be made available to the public
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once the SDRC has voted.
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F. If the SDRC sustains and affirms the petition and
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allegations against an official, by a majority
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vote, then the Chair who presided over the SDRC
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meeting shall create a memorandum to be read to
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the respective chambers and take the impeachment
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charges to a joint session of the legislative
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bodies for review.
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G. If the SDRC does not find substantive reason to
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pursue impeachment proceedings, either body may
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remedy the infractions or violations through a
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vote of censure, if applicable or a formal vote
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of disapproval.
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Section 4: Right of the Indicted and Impeachment Proceedings
A. The indicted individual shall be given the
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opportunity to present defensive arguments to the
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charges and allegations against them.
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B. All testimony, in the affirmative or negative, shall
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be presented in open session. The Vice President
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shall use his discretion to create an agenda and
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format fair to both parties and not infringe on the
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rights of any party involved in the impeachment
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proceedings.
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C. All deliberations and debate on the impeachment
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shall be carried out in a closed joint-session of
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the Senate and House.
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a. Decision for removal shall be by a two-thirds
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majority of joint-session of all members
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present and in good standing
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D. Upon conclusion of deliberations, a written majority
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opinion shall be presented by the Senate Clerk,
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approved by the Vice President, to the Office of the
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Dean of Students within seven calendar days of the
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vote for impeachment.
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E. The decision for removal may be appealed through the
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Office of the Dean of Students, then the Office of
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the Vice President for Student Affairs, and last the
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President of Texas State University, in that order,
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not exceeding thirty calendar days since the written
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majority opinion was submitted to the Office of the
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Dean of Students
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Section 5: Post-Impeachment Process
A. If the decision is removal, that person shall relinquish
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all property of the Associated Student Government and all
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rights and privileges of the office within twenty-four
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hours of appeal exhaustion. If the person is a paid
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officer, they will continue to receive payments until all
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appeals are exhausted, unless determined otherwise by the
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Dean of Students or if found responsible for violations of
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student employment rules and regulations.
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B. If an individual is removed from a paid position, that
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individual shall receive paid leave until all appeals are
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exhausted, unless determined otherwise by the Dean of
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Students or if found responsible for violations of student
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employment rules and regulations. The position shall be
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filled by the next ranking individual according to the
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following order: Vice President, Pro-Tempore, and House
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Leader. Vacancy may also be filled by Special Election at
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the discretion of the President, Vice President or two-
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thirds vote of the Senate.
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C. If the offender is found not guilty, may there be no double
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jeopardy in the event in which an accuser wishes to file a
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future similar charge.
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BE IT FURTHER ENACTED:
that the aforementioned amendments go
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for referendum on April 5 and 6, 2011
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during the scheduled Associated Student
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Government Elections in accordance with
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Article VII, Section 1 of the
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Associated Student Government
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Constitution.
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BE IT FURTHER ENACTED:
that this legislation be forwarded to
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ASG Advisor Kathy Weiser, Dean of
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Students Dr. Margarita Arellano, Vice
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President for Student Affairs Dr. Joann
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Smith and President Dr. Denise Trauth
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upon its passage.
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