STUDENT GOVERNMENT ASSOCIATION OF THE UNIVERSITY OF HOUSTON-DOWNTOWN Constitution and Bylaws Rules and Regulations Student Government Association Fall 2012 1 Student Government Association of the University of Houston Downtown, in order to serve the student body, promotes prosperity, and foster unity upon campus life through democratic representation. Preamble We, the students of the University of Houston Downtown, do hereby establish this Constitution of Student Government Association, in order to serve the student body, promote prosperity, and foster unity upon campus life through democratic representation. Article I Name Section 1: The representative body of students at the University of Houston-Downtown shall be known as the Student Government Association. Article II Membership Section 1: This association and its members shall not discriminate against any individual(s) for reasons of color, disability, gender, identity or expression, national origin, race, religion, sex, sexual orientation, or veteran status. Section 2: All students enrolled at the University of Houston Downtown, as defined by the Office of the Registrar or the Office of the Dean of Students shall be eligible to participate in Student Government, unless otherwise specified in this Constitution. Section 3: The membership of the Student Government Association shall consist of registered full time and part-time students of the University of HoustonDowntown, and shall exercise its authority through this Constitution as hereafter provided. Section 4: The Student Government Association shall select two (2) advisors that shall serve as non-voting consultants. 2 Article III Structure Section 1: The governing structure of the Student Government of the University of Houston- Downtown shall consist of the following three distinct three branches: Executive Council, Legislative branch and the Judicial Court. Section 2: The assemblage of branches shall be termed as the General Assembly. Section 3: The General Assembly shall determine the regularity of its assembling the first meeting of every semester. Section 4: No student shall simultaneously hold a position in more than one branch of the Student Government Association. Article IV Legislative Branch Section 1: All legislative powers of the Student Government Association shall be vested in the Legislative Branch, a unicameral body consisting of two classes of legislators: Representatives and Senators. Section 2: The first class of legislator(s) shall be composed of two Senators from each academic college elected by the student body during elections. The two candidates who receive the highest quantity of votes shall become Senators for their respective college. Section 3: The second class of legislator(s) shall be composed of Representatives of the student body approved by the Legislative Branch. Section 4: Each Senator and Representative shall have one vote regarding all legislative matters. Section 5: The Speaker of the Senate shall be the presiding officer of the Legislative Branch. 3 Section 6: Qualifications for becoming Speaker of the General Assembly: • Must have been a Student Government Association member for one spring or one fall semester at any higher education institution which would include transfers and/or UHD students. • Must have attended the work shop of Robert’s Rules of Order Newly Revised that is approved by the President. • Must have at least a 2.5 GPA and upon interview, experience and skill level. Section 7: The Speaker of the General Assembly is to maintain quorum during a formal meeting. Section 8: The Legislative Branch may determine the order for its agenda. Section 9: As Representatives are approved by the legislative branch, Representatives shall serve a term of one fall or spring semester for the Student Body. Section 10: The term for Senators begins on June 1st of each year and ends on May 31st of the following year as they have been elected by the Student Body for the student body by each academic college. Section 11: Qualifications for becoming a Representative: • Complete three office hours per week as Representative Pro Tem • Must have attended the workshop of Robert’s Rules of Order Newly revised that is approved by the President. • Attend two consecutive General Assemblies. • Must have and maintain at least a cumulative 2.0 grade point average. Section 12: Qualifications for becoming a Senator • Must be a declared major at the academic college that they intend on representing. • Candidates who have not declared their major shall represent the University College. • Must have attended the workshop of Robert’s Rules of Order Newly Revised that is approved by the President. • Must have and maintain at least a cumulative grade point average of 2.5 during their tenure. 4 Article V Executive Council Section 1: The Executive powers of the Student Government Association shall be vested upon the Executive Council. Section 2: The Executive Council shall be responsible for dealing with public affairs as in outside Non-University of Houston-Downtown media for the Student Government Association. Section 3: The Executive Council shall consist of the President, Vice President, Secretary, and Treasurer and an optional appointed Chief-of-Staff. Section 4: The Executive Council shall be compensated for time served as determined through student activities budget. Section 5: The President and Vice President of the Student Government Association shall be elected by a majority vote as a running ticket by the voting Student Body of the University of Houston-Downtown. Section 6: The Chief of Staff shall be nominated by the President, and approved by a fifty one percent (51%) affirmative vote by the Legislative Branch. Section 7: The President and Vice president shall appoint the Secretary, Treasurer and an optional position of a Chief of Staff before the upcoming semester starts. Section 8: Terms for elected executive positions shall begin on June 1st of each year and end on May 31st of the next year. Section 9: The term limit of the Chief-of-Staff shall be determined by the appointment of the President, and/or expire at the end of its respective fall or spring semester. Section 10: Qualifications for President: • Must have completed at least 24 semester hours and completed at least two consecutive semesters (fall and spring/ spring and fall) prior to nomination in the University of Houston–Downtown. •Must have been a member of Student Government Association for at least two consecutive semesters without taking into account the current semester of elections (fall and spring/ spring and fall). 5 •Must have attended the workshop of Robert’s Rules of Order Newly Revised that is approved by the Chief Justice. •Must maintain at least a grade point average of 2.5. Section 11: Qualifications for Vice President: • Must have completed at least 24 semester hours and completed at least two consecutive semesters (fall and spring/spring and fall) prior to nomination in the University of Houston–Downtown. • Must have been a member of Student Government Association for at least two consecutive semesters (fall and spring/spring and fall). • Must have elevated knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised that is approved by the chief justice. • Must have and maintain an overall GPA of 2.5 Section 12: Qualifications for becoming Chief of Staff: • Must have working knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised that is approved by the President. • Must have and maintain an overall GPA of 2.5 during their tenure. Section 13: Qualifications for Treasurer: • Must have completed at least 24 semester hours and completed at least two consecutive semesters (fall and spring/spring and fall) prior to nomination in the University of Houston–Downtown. • Must have been a member of Student Government Association for at least two consecutive semesters (fall and spring/spring and fall). • Must have elevated knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised that is approved by the Chief Justice. • Must have and maintain an overall GPA of 2.5 Section 14: Qualifications for Secretary: • Must have completed at least 24 semester hours and completed at least two consecutive semesters (fall and spring/spring and fall) prior to nomination in the University of Houston–Downtown. • Must have been a member of Student Government Association for at least two consecutive semesters (fall and spring/spring and fall). •Must have elevated knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised that is approved by the chief justice. •Must have and maintain an overall GPA of 2.5 6 Article VI Judicial Court Section 1: The judicial powers of the Student Government Association shall be vested in the Judicial Court. Section 2: The Judicial Court shall interpret the Constitution and shall have the power to enforce the Constitution and Bylaws of the Student Government Association. Section 3: The Judicial Court shall be responsible for the structure and examination of the Student Government Association. Section 4: The Judicial Court shall be responsible for the compilation of bimonthly reports detailing the endeavors, proceedings, and ordinances adopted by the Student Government Association. Section 5: The Judicial Court shall consist of five members: a Chief Justice and four Associate Justices: Clause 1: The Chief Justice shall be appointed by the President and confirmed by two thirds (2/3) of the Legislative Branch to serve one academic year term commencing upon appointment and ends June 14th. Clause 2: The Chief Justice shall submit four (4) Associate Justices for confirmation by the Legislative Council within four weeks of taking office. Term will end on June 14th. Section 7: Qualifications for Chief Justice: • Must be a member of Student Government Association for at least one semester. • Must have elevated knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised. • Must have and maintain an overall GPA of at least a 2.5 during their tenure. 7 Section 8: Qualifications for becoming Associate Justice: • Must have working knowledge of parliamentary procedures and Robert’s Rules of Order Newly Revised. • Must have and maintain an overall GPA of at least a 2.0 during their tenure. Article VII Amendments Section 1: Proposed amendments to the Constitution must be submitted five (5) business days prior to the following general assembly to the President and Speaker of the General Assembly of the Student Government Association. Section 2: After being formally read to the Student Government Association, Amendments shall be voted upon by the Legislative Branch at the following General Assembly. Section 3: A two thirds (2/3) affirmative vote of the Legislative Branch shall be required to propose any amendment to the constitution. After the Legislative Branch has passed the amendment, a Student Referendum must be held. The Student Referendum must have a fifty- one percent (51%) of the voting student body affirmative vote for the acceptance of any amendment. Section 4: Individuals and groups within the Student Government Association may use their powers of legislative initiative to amend the Constitution through the Legislative Branch and student referendum. All approved amendments will be incorporated into the body of the Student Government Association Constitution in the appropriate places by the Judicial Court. Section 5: Article VIII Adoption of a New Constitution Section 1: A two thirds (2/3) affirmative vote of the Legislative Branch is necessary to propose a new constitution. Section 2: Upon proposal by the Legislative Branch, the new constitution shall be subject to a referendum of the Student Government Association. Section 3: For final approval of a new constitution a fifty-one percent (51%) affirmative vote of the voting student body of the University of Houston – Downtown is required. The referendum shall be up for a period of one week in which the student body may vote. 8 Article IX Ratification Section 1: Section 2: Once a new Constitution is adopted, all previous Constitutions of the Student Government Association of the University of Houston-Downtown is null and void. This Constitution stands approved as the present constitution as of 2012. _________________________________ Ivan Sanchez, 2012-2013 President Student Government Association University of Houston-Downtown , _________________________________ Liza Alonzo, 2012-2013 Advisor Student Government Association University of Houston-Downtown 9 Bylaws of the Student Government Association of the University of Houston-Downtown Section 1: Article I: Parliamentary Authority The rules of the current edition of Robert’s Rules of Order newly Revised shall govern the Student Government Association in all cases to which they are applicable and in which they are not inconsistent with the Constitution and Bylaws of the Student Government Association of the University of HoustonDowntown and any special rules that the Student Government Association may adopt. Section 2: In any cases that there is conflict between Robert’s Rules of Order Newly Revised and the Constitution and Bylaws of the Student Government Association of the University of Houston-Downtown, the Constitution and Bylaws will take precedence. Section 3: In the case that the Constitution and Bylaws are in conflict, the Constitution will take precedence. Article II: Duties and Responsibilities Section 1: The Executive Branch Clause 1: The Executive Council shall at all times act under the mandate of the Government Association and the direction of the Legislative Branch. Student Clause 2: The Executive Council shall post office hours to be available for consultation with the Student body. Clause 3: The Executive Council shall perform all executive functions proper and/or necessary to the office. Clause 4: The Executive Council must preserve and protect all rights and privileges pertaining to the academic and university life of the Student Body, the Student Government Association, and its individual members. 10 Clause 5: The Executive Council shall have a good working knowledge of the Constitution and Bylaws Clause 6: Each member of the Executive Council shall spend at least ten (10) hours in the Student government association office each week during their term of office. Office hours may include previously approved Student Government Association duties and/or participation in an event in which SGA will be a declared sponsor or participant. Clause 7: The President shall: • Serve as the official representative for the Student Body and the Student Government Association. • Have the power to veto any legislation presented and passed by the Legislative Branch in accordance to the Student Government Association Constitution. • Sign all legislation within five (5) business days of the passage to become official. • Exercise their veto power within five (5) business days after the passage of legislation to be able to veto. • Serve as the official spokesperson of the Student Government Association to the University of Houston-Downtown. • Maintain communications with the Student Body such that they are informed about the Student Government Association • Have the power to create and appoint all required offices and committees, not already provided, with the approval of a 51% affirmative vote of the legislative branch. • Have the power of recommendation of any student-to-student positions on Shared Governance Committees part of the University. • Have the power of appointment any vacant position(s) in the Student Government Association, with the exception for the Associate Justice(s) of the Judicial Court. • Enforce all legislation passed by the Legislative Branch. • Have the power to call Special General Assemblies • Serve as the primary liaison between the Student Government Association, University Administration, Student Publications and the Student Body of the University of Houston Downtown. Clause 8: The Vice-President shall: • Be the Assistant Chief Executive of the Student Body and shall aid the President in the enforcement of all legislation. • Perform such duties as may be given by the President and the Legislative Branch. • Responsible for overseeing all function of the Student Government Association Standing and Ad Hoc Committees. 11 • Serve as an ex-officio member of all committees of the Student Government Association, excepting those committees which he/she chairs. • Serve as the secondary liaison between the Student Government Association, University administration, Student Publications and Student Body. • Responsible for all applicant searches of vacant position in the Student Government Association. • Serve as the chairperson of the Joint Student Organization Committee. • Exercise the powers of the President in the latter’s absence or the inability to serve. • Monitor and at all times, have knowledge of the disposition and progress of each bill and resolution which the Student Government Association has sent to the University administration for approval; in addition, to keep the executive branch abreast of this information Clause 9: The Chief of Staff shall: • Schedule meetings, events and trials for the Executive Branch • Serve as liaison officer between the executive board and other members of the Student Government. • Provide staff support to Student Government Executive Board members while attending meetings as requested by the President of Student Government Association of the University of Houston Downtown. • Serve as an executive assistant to the Student Government Association President. • Ensure and enforce smooth operation of the Student Government Association office and its procedures. • Perform any other responsibility as assigned by the Student Government Association President. Clause 9: The Treasurer shall: • Handle and maintain a permanent record of all Student Government Association financial transactions. • Sign all Student Government Association financial transactions at the University of Houston Downtown • Along with the President, give approval for commitment or use of funds from the Treasury with Senate approval. • Responsible for the preparation and presentation of a written Student Government budget report to the Legislative Branch • To include, but not limited to: beginning balance, itemized expenditures of all Student Government Association transactions, and ending balance • Present this report once a month to the General Assembly during executive reports or as requested by the Legislative body with a forty eight (48) hour notice. 12 • Responsible for balancing the Student Government Association bookkeeping records against the University’s financial status report. All discrepancies between student government financial records and university financial records must be resolved and reported to the Senate. • Responsible for all arrangements concerning the deposition of money, the payment of debts, and any other financial matter of the Student Government Association. Clause 10: The Executive Secretary shall: • Maintain all records and files of the Student Government Association. • Maintain all records and journals of the Student Government Association, or duplicates thereof, except those of the Judicial Court. • Record the Executive Council meetings, General Assembly meetings and Senate meeting minutes and provide each Executive Council and Legislative Branch member with a copy of his or her respective minutes within three (3) business days of occurrence. • Keep a record of attendance at all Executive Council meetings and General Assembly meetings. • Responsible for calling roll at the beginning and end of all Executive Council meetings and General Assembly meetings. • Aid the President on any given task deemed to fit Student Government Association needs. Section 2: Legislative Branch Clause 1: The speaker of the general assembly is a presidential appointment with a two thirds (2/3) affirmative vote of the senate Clause 2: The Speaker of the General Assembly shall: • Serve as the chairperson of the Legislative Branch. • Vote according to Robert’s Rules of Order Newly Revised. • Remain impartial on matters facing the legislative branch. • Perform such duties as may be given to them by the legislative and/or the President. • Prepare an agenda for the regular General Assembly meetings. • Maintain the quorum of the general assembly Clause 3: The legislative branch shall have the delegated power and privilege to enact all measures necessary and proper for the general welfare of the Student Body. Clause 4: The Legislative Branch shall establish laws and procedures that are necessary for the proper functioning of the Senate by a 51% affirmative vote of the Legislative Branch. 13 Clause 5: Every legislator shall be a member of at least one Student Government Association Standing Legislative Committee. Clause 6: The Legislative Branch shall serve as an advisory board to the administration and faculty through active participation in the Shared Governance Committees. Clause 7: Every legislator shall remain in communication with their constituents and make them aware of all actions and activities. Clause 8: Every legislator must prepare and protect all rights and privileges pertaining to the academic and University life of the Student Body, the Student Government Association, and its individual members. Clause 9: Legislators shall remain informed on all legislative issues pertaining to their constituency and publicizing Student Government Association proceedings. Clause 10: Every Senator shall keep posted office hours to be available for consultation with the Student Body. Clause 11: Every Legislator shall spend at least three (3) hours in the office each week during the fall or/and spring semesters. Office hours may include previously approved, on-campus Student Government Association duties and/or participation in an on-campus event in which Student Government Association is a declared sponsor or participant. Clause 12: Every legislator shall have a good working knowledge of the Student Government Association Constitution and Bylaws at the University of Houston Downtown. Clause 13: The Legislative Branch shall confirm all Presidential appointments. Clause 14: Any legislator may establish and maintain a standing committee on matters of student concerns as deemed necessary (i.e.) Ad Hoc committees will need approval of two thirds (2/3) of the general assembly. Clause 15: All legislators shall discover and express the opinions of the student Body. 14 Section 3: The Judicial Branch Clause 1: The Judicial branch shall have supreme jurisdiction in all cases involving offenses against provisions of the Constitution and Bylaws of the Student Government Association. Clause 2: Every Judicial branch member shall keep posted office hours to be available for consultation with the Student Body or Student Government Association member. Clause 3: The Judicial branch shall spend at least three (3) hours in the office each week during the spring and fall semester. Office hours may include previously approved, Student Government Association duties and/or participation in an on-campus event in which Student Government Association is a declared sponsor or participant. Clause 4: The Judicial branch shall have jurisdiction in cases involving infractions of the Election Codes. Clause 5: The Judicial branch shall hear cases involving the Student Government Association, if not otherwise provided for in the Constitution and Bylaws or the Policy Statements of the University. Clause 6: Charges brought against the Student Government Association and other organizations may be brought to any member of the Judicial Court, within one (1) week thereafter, a written documentation of the charges shall be presented to the Chief Justice of the Judicial Court. Clause 7: The Judicial branch shall render a final decision on all matters submitted to the Court within two (2) weeks from the date of submission. Clause 8: The Judicial branch shall keep a record on file of all proceedings, all decisions and all official opinions of those decisions in the Student Government Association office. Any member of the Student Association may view these documents at any time. Clause 9: The Judicial branch shall certify within two (2) days the results of all elections and referenda. 15 Clause 10: The Judicial branch shall be responsible for and oversee all publicity and announcements regarding elections and student referendums. Clause 11: The Chief Justice shall appoint the Election Commissioner and the Legislative Branch shall approve the nomination by a two thirds (2/3) affirmative vote. • To avoid conflict of interest, the Chief Justice shall step down if deciding to run for an elected position. Personnel decided by the court on a majority rule shall act as ProTem Chief Justice until election takes place. Article III: Vacancy Section 1: Causes for vacancy Clause 1: The failure to elect a member at the time of the elections. Clause 2: The failure of the officer to meet the constitutional qualifications for holding such office. Clause 3: The failure of an elected member to be sworn- in to their position within thirty (30) days of the beginning of their term. Clause 4: The resignation of an officer. Clause 5: The impeachment of an officer. Clause 6: The abandonment of a position. Section 2: Appointments Clause 1: The President of the Student Government Association may appoint a member of their choosing to any vacant position of the Student Government Association. Except in the case of vacancies in the positions of the Associate Justices of the Judicial Court. 16 Clause 2: All appointments, except Vice President, Treasurer and Secretary are automatic upon 51% affirmative vote of the Legislative branch. Clause 3: In the event that a vacancy occurs in the office of Vice President, Treasurer, and Secretary while the Legislative Branch is not in session, the President shall have the power to appoint any Vice President Pro Tem, Treasurer Pro Tem, and Secretary Pro Tem. Clause 4: All prospective Senators must serve a trial period as a Senator Pro Tem. Clause 5: All appointees must take an oath office upon approval of the Legislative Branch. Clause 6: Any Senate vacancies may be filled by appointment at- large. Clause 7: All vacant positions of the Judicial Court shall be filled by appointment of the Chief Justice with a 2/3 affirmative vote of the Legislative Branch. In case of the vacancy of the position of Judicial Court Chief Justice, the President shall fill the vacancy by appointment with a 2/3 affirmative vote of the Legislative Branch. Clause 8: In the case that a quorum is not elected, the President shall have the immediate responsibility to fill by appointment all remaining positions to achieve a quorum. These appointments are final upon unanimous consent of the Executive Council. Section 3: Vice President Pro Tem, Treasurer Pro Tem, and Executive Secretary Pro Tem Clause 1: The Vice President Pro Tem, Treasurer Pro Tem, and Secretary Pro Tem shall have all rights, duties; responsibilities and benefits of the respective position. Clause 2: The Vice President Pro Tem, Treasurer Pro Tem and Secretary Pro Tem can only be appointed when the Senate is not in session. 17 Clause 3: Any decision or acts made by a Vice President Pro Tem, Treasurer Pro Tem, and Secretary Pro Tem shall have and maintain all force and effect as a nonPro Tem officer. Clause 4: The President shall submit the name of the Vice President Pro Tem, Treasurer Pro Tem, and Executive Secretary Pro Tem to the Legislative Branch for approval on or before the third (3) General Assembly of the next semester. If the name is not submitted, the officer Pro Tem automatically loses their respective office. Section 4: Senators Pro Tem Clause 1: Senators Pro Tem must fulfill all qualifications of a Senator. Clause 2: Senators Pro Tem shall serve a trial period before the Legislative Branch can approve them. Clause 3: Senators Pro Tem must attend two (2) consecutive General Assemblies. At the second meeting the approval of the Senator Pro Tem must be voted on by the Senate. Clause 4: Senators Pro Tem during Senate meetings have all speaking privileges and must follow all rules and regulations as a Senator, but they may not initiate a motion or vote. Clause 5: Senators Pro Tem will not be counted in the quorum. 18 Clause 6: Senators Pro Tem holds no rights or privileges of a Student Government Association member outside the General Assembly. Clause 7: Senators Pro Tem must serve as a member of at least one Student Government Association Standing Committee during their trial period. Clause 8: Senators Pro Temp who were sworn in as a Representative before their appointment Shall have full powers and privileges of a Representative Section 5: Order of Succession Clause 1: In the event that the President resigns, is removed from office, or is otherwise unable to complete their term, the order of succession shall be the (1) Vice President, (2) Treasurer, and (3) Secretary. Clause 2: Vacancies in the office of the Vice President, Treasurer, and Secretary shall be filled by a Presidential appointment subject to 2/3 affirmative vote of the members present and voting at an announced General Assembly meeting. Clause 3: In the event that the Speaker of the General Assembly resigns, is removed from office, or is otherwise unable to complete their term, the legislator with the most seniority shall automatically become the Speaker Pro Tem with a 51%1 affirmative vote of the legislative branch until the process of Article II, Section II, subsection I takes place. Clause 4: In the event that the Chief Justice resigns, is removed from office, or is otherwise unable to complete their term, the Associate Justice with the most seniority shall act as Chief Justice until one is appointed by the President. If all Justices are appointed at the same time, the legislative branch will decide by majority vote. 19 Article IV: Meetings Section 1: Executive Council Meetings Clause 1: The President of the Student Government Association shall be the presiding officer at Executive Council meetings. Clause 2: The Executive Council shall meet as least once a week for the duration of their term. Clause 3: Roll call will be taken at the beginning and end of each Executive Council meeting by the Executive Secretary. Clause 4: Failure to vocally respond to both roll calls within a meeting shall constitute an absence. Clause 5: Failure to vocally respond to one of two roll calls within a meeting shall constitute a tardy. Clause 6: Two (2) tardies shall constitute an absence. Clause 7: An excused absence shall be granted only on the grounds of conflicting class schedules, or Shared Governance meetings. Clause 8: The President may call special meetings of the Executive Council. The President shall notify the Executive Council forty-eight (48) hours in advance of the subject, time, and location of the meeting. Clause 9: At the beginning of all special meetings of the Executive Council, the presiding officer shall announce the purpose for calling the special meeting. Clause l0: When the Legislative Branch is not in session the Executive Council shall act in always deemed necessary in place of the Senate for all responsibilities and duties, except for the power of appointment to any vacant position in the Student Government Association, unless otherwise authorized by these bylaws, and the power to amend these bylaws. 20 Clause 11: The Student Government Association advisor must approve all decisions made by the Executive Council when the Senate is not in session (Summer and Winter break). Section 2: General Assembly Meetings Clause 1: The Speaker of the General Assembly of Student Government Association shall be the chairperson of the General Assembly meetings. Clause 2: “The General Assembly shall consecutively meet weekly from the Friday before the first Monday of classes until the Friday after four weeks have elapsed. Thereafter and in between, the General Assembly shall meet biweekly until the last four academic weeks are in place. The General Assembly shall meet weekly during the last four weeks of the academic semester prior to reaching finals and reading day’s week. Clause 3: Roll Call will be taken at the beginning and end of each Senate meeting by the Executive Secretary. Clause 4: Failure to vocally respond to both roll calls within a meeting shall constitute an absence. Clause 5: Failure to vocally respond to one of two roll calls within a meeting shall constitute a tardy. Clause 6: Two (2) tardies shall constitute an absence. Clause 7: An excused absence shall be granted only on the grounds of conflicting class schedules, or Shared Governance meetings. 21 Clause 8: Senators and Representatives that consistently miss General Assemblies and hold up legislative business should be held accountable for their unexcused absence. Senators and Representatives will be impeached from their positions if and when they have missed 3 consecutive General Assemblies. •Sub Clause 1: After their 2nd unexcused absence, they will be contacted by the judicial board in regards to their absence. •Sub Clause 2: After their 3rd absence, they will be removed from their position. Clause 9: Every Senate member shall have the right to attend any meeting. Clause 10: General Assembly meetings are open to the public. Clause 11: Each legislator shall hold only one (1) vote. Clause 12: The Senate may overturn a Presidential veto by a 2/3 affirmative vote, in which case the President must enforce the legislation. Clause 13: All Executive Council members shall have speaking privileges and will be counted in roll call of any Senate meetings. Clause 14: Special meetings of the Senate may be called by the President. The President may call these meetings when the Senate is both in and out of session. The President shall notify the Senate forty-eight (48) hours in advance of the subject, time, and location of the meeting. Clause 15: At the beginning of all special meetings of the Senate; the Speaker of the Senate shall announce the purpose for calling the special meeting. Clause 16: Only the Executive Council and Senate and invited speakers may address the Senate. Non- voting members shall speak only during the open forum section of the agenda. Non- voting members may not initiate a motion or vote. 22 Clause 17: The Executive Council shall be in attendance and give a report at all Senate meetings. Clause 18: All Senate meetings must have a quorum to decide on any official matter pertaining to the Student Government Association. Clause 19: A quorum is defined as 51% of the filled voting legislators. Clause 20: A filled voting Senate position is defined as one that has been (1) duly election and sworn- in, or (2) appointed, approved for membership by the Senate by a 51% affirmative vote and sworn- in 23 Clause 21: All Pro-Temps are not to be counted in the quorum. Clause 22: Persons wishing to attend the Senate meetings, who are not members of the Student Government Association, shall be required to sign the guest book at the beginning of each meeting. Clause 23: The Chief Justice of the Judicial Review Board shall submit a bi-weekly report to the Executive Secretary for review at the regularly scheduled Senate meetings. Section 3: Executive Session of Judicial Review Board Clause 1: Executive Session can be enacted by a 51% affirmative vote by the Senate Clause 2: Any function or business, which takes place in Executive Session, is privileged and is to be kept in strictest confidence. Clause 3: The Executive Council, all Senators, and the Director of Student Activities are allowed to be present during Executive Session. Clause 4: Any Student Government Association member violating Article IV, Section 3, Clause 2 will have disciplinary sanctions placed upon them as described in Article VII of these Bylaws. Clause 5: All functions or business, which will take place in Executive Session, is unofficial. Clause 6: Any vote that takes place in Executive Session must be voted upon in regular session to become part of the official record. Clause 7: A tape recording of all proceedings in Executive Session shall be made. 24 Article V: Committees Section 1 Committee types Clause 1: The Student Government Association shall have two types of committees: Standing and Ad Hoc Clause 2: The Standing Committee shall be defined as permanent committees. The Standing Committees are the Business Affairs Committee, the Public Relations Committee, the Special Services Committee, the External Affairs Committee, the Social Outreach Committee, the Sustainability Committee, and the Joint Student Organization Committee (JSOC) Clause 3: Ad Hoc Committees are formed to carry out a specific task that does not fall within the assigned function of a Standing Committee, at the completion of which it automatically ceases to exist. Clause 4: Committees are able to recruit members and volunteers to help on certain task. Clause 5: Committees are capable of creating sub-Committees with the approval of the Senate 51%. Clause 6: Committees shall report to the senate at the General Assembly each week. Clause 7: Committees are required to meet at least twice per month and at the discretion of the Chair within a forty-eight (48) hour notice Section 2 Chairmanship Clause 1: Chair can be any member of the Student Government Association and with an appointed by the President subject to approval by the legislative body with a 51% affirmative vote. Clause 2: Standing Committee Chairpersons shall have the highest authority in their respective Committee. This authority does not extend outside of their committee, or into any general assembly meeting. 25 Clause 3: Standing Committee Chairpersons shall have the power to draft rules and/or regulations for their respective committee, unless otherwise directed by the legislative body, in which case the respective chairperson must comply with the decision of the legislative body. Clause 4: Standing Committee Chairpersons shall have the power to remove a member from their committee's roster only on the grounds of lack of participation and assistance within the duties and responsibilities of the respective committee. Sub Clause 1. Removal of members may be overturned by 2/3 vote of the legislative body. Sub Clause 2. Members who are not in Standing Committees may be found not in Good Standing in the Senate. Clause 5: The chairperson of a committee shall appoint a vice- chair to their committee Clause 6: The Vice-Chair shall be the second highest ranking member in a committee. Clause 7: The Vice Chair shall act as an assistant administrator for the Committee. Clause 8: In the event of the chairperson unable to fulfilling his or her position, the Vice-Chair shall act at as pro-tem Chair until a new Chair is appointed by the president and approved by the legislative body. Clause 9: No member of the Student Government Association may chair more than one (1) Standing committees. Clause10: Committees are required to meet twice per month and at the discretion of the Chair within a forty-eight (48) hour notice. Section 3 The Business Affairs Committee Clause 1: The Business Affairs Committee shall be responsible for overseeing the student government association’s computers, telephones, equipment, supplies. 26 Clause 2: The Business Affairs Committee shall be responsible to uphold and oversee office policies and procedures. SubClause 1: “The Business Affairs Committee shall create office policies and procedures subject to approval by the legislative body with 51% affirmative vote.” Clause 3: The Business Affairs Committee is responsible the cleanness, decorative and office layout of the Student Government Association office. Clause 4: The Business Affairs Committee reserves the ability to recruit members and oversee the process and assessments of new members in the Student government Association. Subsection 1: The Business Affairs Committee shall be required to recruit a minimum of once a month through the means of a “Recruit day”, setting up a table and other means. Clause 5: The Business Affairs Committee shall be responsible for the training and orientation of all members of the Student Government Association. Clause 6: Written documentation shall be provided to the Vice President and Secretary of the Student Government Association as confirmation of training received. These records shall be kept in the student government Association office. Subsection 1: The Business affairs Committee training must consist of, but not limited to: Roberts’s rules, Office Policies and orientation. Section 4 The Public Relations Committee Clause 1: The Public Relations Committee shall be responsible for publicizing special activities and events of the Student Government Association. Clause 2: The Public Relations Committee shall be responsible for creating graphics and taking photos for any Student Government Associations Events and/or gatherings. Clause 3: The Public Relations Committee shall be responsible for updating the Student Government Associations Webpage, Blackboard, Orgsync, Social Media and other internet portals. 27 Clause 4: The Public Relations Committee shall be responsible for posting of all necessary materials from the Student Government Association at posting locations throughout the school. Clause 5: The Public Relations committee shall work with the Dateline, The Bayou Review, Skyline and other school media outlets to keep the Student body informed on all Student Government Association activities and projects. Clause 6: The Public Relations Committee shall be responsible for press releases to our University and Community. Subsection 1: A Press Release consist of submitting information to University of Houston-Downtown Public Relations and all school news media outlets. Update internet portals and social media. A Gator email blast with accordance with school policy. Post a minimum 100 flyers, 5 banners, and update marquees with new material. Subsection 2: The Press Release shall be implemented at least 2 weeks before the event or gathering being promoted is held. Section 5 The Special Services Committee Clause 1: The Special Services Committee shall be responsible for conducting and correlating student surveys. They shall provide a timely and effective response to individual concerns and issues brought forth to the Student Government Association. Clause 2: The Special Services Committee shall conduct a minimum of two (2) student surveys per semester with a minimum of 250-500 student responses. They shall analyze and present information found in the survey to the General Assemble. Clause 3: The Special Services Committee shall set up a “Student Service Table” in a public area in school once every two weeks. Subsection 1: A Student Service Table consists of Special Services Committee members answering questions, serving the students, and address current student issues. 28 Clause 4: The Special Services Committee shall be responsible for collecting all the material placed in the Student Government Association’s suggestion box or any suggestions online. Clause 5: The Special Services Committee shall contact the individual who submits a question or concerns and shall discuss its findings. Clause 6: The Special Service Committee shall investigate and document all presented issues and concerns brought forth to the Student Government Association. Section 6 The External Affairs Committee Clause 1: The External Affairs Committee shall be the official liaison between the University of Houston-Downtown’s Student Government Association and other University Student Government Association’s. Clause 2: The External Affairs Committee shall represent this Student Government Association in local, state and national Student organizations and events. Clause 3: The External Affairs Committee shall hold the concession to officially lobby any government or business identify for pro-school beliefs and developments. Subsection 1: The External Affairs Committee has the power to call special Student Government Association gatherings for the principle to lobby in numbers. Clause 4: The External Affairs Committee shall continually communicate with Community Involvement Centers and be responsible for coordinating Student Government volunteers and Community Outreach projects. Section 7 Social Outreach Committee Clause 1: The Social Committee shall be responsible for overseeing and conducting social events and functions for Student Government Association members to promote teamwork. Clause 2: The Social Outreach Committee shall be responsible for planning a Student Government Retreat once (1) a semester. 29 Clause 3: The Social Outreach Committee shall host a minimum of (2) entertaining social gatherings per semester for the Student Government Association members. Clause 4: The Social Outreach Committee is to conduct team building exercises at least once a semester for the Student Government Association members during the General Assembly. Clause 5: The Social Outreach Committee is accountable to award various special recognition awards to any Student Government Member. Clause 6: The Social Outreach Committee shall be responsible to provide volunteers for Student Government Association events and social functions. Section 8 Sustainability Committee Clause 1: The Sustainability Committee shall be responsible for coordinating and promoting green initiatives, functions and programs on the University of Houston-Downtown campus. Clause 2: The Sustainability Committee shall be accountable for keeping recycle bends and green initiatives in the Student Government Association office. Clause 3: The Sustainability Committee is responsible to pick up flyers and banners around campus after an event has taken place and dispose of the materials in the recycle bend. Clause 4: The Sustainability Committee shall be responsible for the maintenance of the University of Houston-Downtown sustainability garden. Section 9 The Joint Student Organization Committee (JSOC) Clause 1: The Joint Student Organization Committee shall be responsible for overseeing the meetings held with other student organizations. 30 Clause 2: The Chairperson of JSOC shall serve as the primary speaker of the JSOC meeting with Vice-President of Student Government Association serving as the secondary speaker. Clause 3: The Joint Student Organization Committee shall be responsible for furthering the common causes of the Organizations. Clause 4: The Joint Student Organization Committee shall recommend solutions to other organizations. The Joint Student Organization Committee is expected to follow-up until recommend solutions are implemented and/or disbanded. Clause 5: The Joint Student Organization Committee shall serve as the point of contact through which numerous organizations will communicate and collaborate. Clause 6: The Joint Student Organization Committee Chairperson can be any member of the Student Government Association. The Vice President will serve as the cochairperson. Section 10: The Community Outreach Committee (COC) Clause 1: The Community Outreach will organize volunteer events for the students of the University Of Houston-Downtown. Clause 2: The Community Outreach will be in charge of collaborations of outside organizations in relation to volunteering and community services. Clause 3: The Chair of the Community Outreach Committee will be in charge of logging community service hours and maintaining records of community service events. Clause 4: The Community Outreach Committee will research the needs of the surrounding communities either through previous research or their own. Said research will be shared with the University of Houston student body and facility. Clause 5: The Community Outreach Committee will post internship opportunities with the members of Student Government Association following approval by the Executive Board. 31 Article VI: Ethics Code Section1: Purpose Clause 1: The purpose of the Code of Ethics is to establish a standard of conduct for members of the Student Government Association. Clause 2: The result of adhering to this code will be an effective, efficient, and respected Student Government Association. Clause 3: This Code will provide a detailed guidance needed for certain common situations or when faced with particular circumstances to translate the Core Values into actions as Senators and/or Representatives engage within the Student Government Association, students, faculty, administration and in any function where they will be representing the University of HoustonDowntown. Clause 3: All members of the Student Government Association, including but not limited to all appointed or elected officials of the Executive, Legislative, and Judicial branch, shall keep the Code of Ethics at the forefront of their actions, and always be prepared to give account of their actions and words. Clause 4: Members of the Student Government Association shall represent the student body, first, by expressing their interests and concerns within the Student Government Association, and second, by being their example of good conduct in the discharge of their duties; they should provide an example to the outside world as the best the UHD student body has to offer Section 2: Core Values Clause 1: Promoting Opportunity: All Student Government Association officials shall be committed to helping each member reach their full potential in order to build a better future for the students, whom they serve Clause 2: Acting Responsibly: Members are aware that their decisions and actions affect the university as a whole, and therefore members shall hold each other accountable for the discipline and management of behavior becoming of a Student Government Association official Section 3: Accountability 32 Clause 1: Members of the Student Government Association should encourage their colleagues to adhere to the Code of Ethics by holding each other accountable while striving to be examples themselves Clause 2: Improper behaviors are not limited to the following and are subject to review by the Judicial Branch Section 4: Ethics Code Clause 1: No official shall knowingly misrepresent the truth while acting in his/her capacity as a member of Student Government Association Clause 2: No official of the Student Government Association shall bestow favors, make undue use of influence of powers of office, or offer special considerations of any kind in exchange for anything of value Clause 3: No official of the Student Government Association shall misuse, mismanage, or misappropriate their position and/or equipment, facilities, or funds of the Student Government. Each Student Government Association official must be able to give a thorough account of all funds allocated by student fees spent by him/her and a thorough inventory of all goods and/or services received Clause 4: Each member must make every reasonable attempt to fulfill his/her responsibilities to the best of his/her ability. Each member must discharge his/her duties in good faith and with due regard for the welfare of the entire student body Clause 5: Each Student Government official, while acting in an official capacity, shall represent the student body acting in a manner that is respectful and courteous to all students, administration, visitors, faculty, and university staff Article VII: Disciplinary Procedures Section 1: There are to be three levels of Disciplinary Sanctions: Censure, Suspension, and Impeachment. Section 2: Any Student Government Association member can have disciplinary sanctions placed upon them Disciplinary proceedings can be placed for any actions as a Student Government Association member. Section 3: Section 4: Censure 33 Clause 1: Any repeated or flagrant violation of Robert’s Rules of Order Newly Revised, Student Government Association Constitution and Bylaws, any behavior unbecoming a Student Government Association member, or any other offenses which the Senate may deem is grounds for Censure. Clause 2: Censure is the lightest Disciplinary Sanction. Clause 3: Censure is approved by 51% affirmative vote by the Senate. Clause 4: Censure can be proposed by any member of the Student Government Association. Clause 5: Censured members lose all speaking privileges but retain voting privileges. Clause 6: Censure proceedings can be placed on the Agenda at any time as a “Special Order.” Clause 7: The Speaker of the Senate shall enforce Censure. Clause 8: Censure will last for a minimum of one meeting that the censured member attends. Clause 9: Censure can only be given twice per semester. At the third time, suspension will be applicable. Section 5: Suspension Clause 1: Any repeated or flagrant violation of Robert’s Rules of Order Newly Revised, Student Government Association Constitution and Bylaws, any behavior unbecoming a Student Government Association member, or any other offenses which the Senate may deem is grounds for Suspension Clause 2: Suspension is the next degree of Disciplinary Sanction Clause 3: Suspension is approved by 51% affirmative vote by the Senate. Clause 4: Any member of Student Government Association can propose Suspension. Clause 5: Suspended members will lose all rights and privileges of a Student Government Association member and will be considered as a guest at all Senate meetings. Clause 6: Suspension proceedings can be placed on the Agenda at any time as a “Special Order.” Clause 7: The Speaker of the Senate shall enforce Suspension. Clause 8: Suspension will last for a minimum of two meetings that the suspended member attends. Clause 9: Suspension can only be given once per semester. At the second time, impeachment will be applicable. Section 6: Impeachment Clause 1: Any repeated or flagrant violation of the Students’ Rights and Responsibilities, Student Government Association Constitution and Bylaws, any behavior unbecoming a Student Government Association member or any other offenses 34 which the Senate may deem is grounds for Impeachment Clause 2: Impeachment is the final degree of Disciplinary Sanction Clause 3: Impeachment is approved by a two-thirds (2/3) affirmative vote by the Legislative Branch Clause 4: A removal petition must be written and submitted to a Student Government Association advisor. A removal petition must include the following: the name of the person subject to removal from his/her office, a clear statement of the offense, signatures of two-third (2/3) of the members with Student Identification numbers in support of the petition. • Once the petition has been submitted, the advisor must then sit down with that member and explain the charges brought forth. The member shall have one (1) week after notification to comply with the grievances stated in the petition. If the member in question does not comply, then there will be a proxy vote to proceed with impeachment proceedings and a majority vote must be met and it if it met, then the impeachment and/or removal process continues • If it is decided to continue the impeachment and/or removal process, the member in question must be notified that he/she is being impeached or removed five (5) Business days before the process begins. The meeting for impeachment and/or removal will begin with the original charges being read aloud to the General Assembly by the Secretary. • The accused member will then have time to explain how they have complied with the charges and why they should not be impeached or removed to the General Assembly. The accused will then be asked to leave the room and the Legislative branch will then have a discussion to deliberate and discuss whether the member in question should be removed or impeached. • After the discussion, the Legislative Branch will then cast their vote and the member will be impeached or removed by a two-thirds (2/3) vote of the Senate. Clause 5: Impeached members will lose all rights, privileges, and benefits of a Student Government Association member, removed from the roster as a Student Government Association member and denied access to any Student Government Association meetings. Clause 6: Impeachment proceedings can be placed on the Agenda at any time as a “Special Order” Clause 7: The Speaker of the General Assembly shall enforce Impeachment. Clause 8: Impeachment will last for a minimum of one (1) year and the impeached member will not be allowed to return unless otherwise approved with a twothirds (2/3) affirmative vote of the General Assembly. Article VIII: Election Code 35 Section 1: Purpose Clause 1: The purpose of this Election Code is to outline the process and procedures for all elections held under the jurisdiction of the University of Houston-Downtown Student Government Association Election Commission. Clause 2: The election commissioner shall have a minimum cumulative GPA of 2.50. The election clerks must have a minimum cumulative GPA of 2.0. Section 2: Organization of an Election Commission Clause 1: The Election Commission shall consist of one (1) Election Commissioner and four (4) Election Clerks. The Election Commissioner and the four (4) Election Clerks may have not been University of Houston- Downtown Student Government Association members for at least one (1) full academic year (Fall and Spring Semester). Clause 2: The Election commission will be selected by the Judicial Branch and declared eligible by the University of Houston Downtown Student Government Association’s Advisor no later than the second week of February for a term of one year to govern all General, Constitutional, Special Referendum, and Recall Elections. Clause 3: In the given case the Chief Justice runs for a Student Government Association elected position, the current President must appoint a new Chief Justice within the Judicial Branch which is subject to ratification by two-thirds (2/3) vote of Legislative Branch of the University of Houston-Downtown Student Government Association. Clause 4: In the event of no clerks having been appointed by the date the election starts it will become the immediate responsibility of the Election Commissioner to appoint remaining clerks. Neither the Election Commissioner, nor the Election Clerks may be candidates running for a Student Government Association position. As stated in VIII Section 5 Clause 1 Clause 5: The position of the University of Houston-Downtown Student Government Association Election Commission is subject to ratification by two- thirds (2/3) vote of University of Houston-Downtown Student Government Association, present and voting members. 36 Section 3: Responsibilities Clause 1: The Student Election Commission shall be responsible for the following: • The University of Houston-Downtown Student Government Association Election Commission will be accountable to ensure that all rules of the elections are being followed. • The University of Houston-Downtown Student Government Association Election Commission will conduct all elections according to the rules and regulations outlined in the University of Houston-Downtown Student Government Association Election Code. • The University of Houston-Downtown Student Government Association Election Commission shall attend an orientation meeting with the current University of Houston- Downtown Student Government Association Advisor or Student Activities Director within five (5) business days of the formation of the Election Commission. • The University of Houston-Downtown Student Government Association Election Commission will obtain and maintain uniformity of the application, operations, and interpretation of the Election Code. • The University of Houston-Downtown Student Government Association Election Commission will create a violation form for use in documenting alleged violations of the Election Code. • The University of Houston-Downtown Student Government Association Election Commission shall verify academically and constitutionally that all official candidates for elections are qualified. • The University of Houston-Downtown Student Government Association Election Commission shall call required candidates as necessary for meetings, giving notice of its time and place at least twenty-four (24) hours in advance. 37 Clause 2: At least one (1) Election Clerk and one (1) member of the Judicial Branch shall be available at a central location during specified hours on days that the polls are open. Section 4: Types of Elections Clause 1: General Elections • General Elections are held for all positions in the Executive branch and Senator positions within the Student Government Association at the University of Houston-Downtown. • The Election Commission can determine the start and end date of any general election. Spring semester elections are to be held the week after the first Friday of the month of April. Unless, otherwise designated by the University of Houston- Downtown Student Government Association Election Commission. Clause 2: Constitutional and Special Referendum Elections • Constitutional and Special Referendum Elections are propositions that have been approved by a two-thirds (2/3) affirmative vote of the Legislative Branch and are to be approved by the student body. • Constitutional and Special Referendum Elections can be held in conjunction with the General Elections. • The Election Commission shall publish the full text of any proposed amendments or questions at least three (3) class days prior to the election at which they are to be considered. Copies must be made available to any member of the student body who requests one. Clause 3: Recall Elections • The Student Government Association with a seven (7) day notice call for a special meeting of the General Assembly if presented with a petition of five (5) percent of the members of the student body for a Recall Election. 38 Section 5: • The petition must be referred to the student body for a special recall election. A two-thirds (2/3) affirmative vote of those members of the student body voting shall be necessary to implement the petition for recall. • The Election Commission can determine the start and end date of any Recall election. Elections Procedures Clause 1: The Election Commission shall be assembled no later than the second week of February. When a special election is called, the Election Commission must be assembled no later than thirty (30) days before the scheduled election. If the Election Commission has not been assembled by the prescribed deadlines, the Judicial Branch may begin to arrange election activities until an Election Commission has been assembled. Clause 2: All amendments to this Code must receive final approval by the University of Houston-Downtown Student Government Association Legislative Branch and Executive Branch at least two (2) weeks before the election. In the case of a special election, all amendments to this Code must receive final approval by the University of Houston-Downtown Student Government Association Legislative Branch and Executive Branch at least one (1) week before the special election. Clause 3: A copy of this Code, including all candidate forms, and any additional information related to referendum questions shall be made available upon request in the University of Houston-Downtown Student Government Association offices to candidates and any other interested parties. Clause 4: The cover of this code shall include the following affirmation: I hereby affirm that this day, ___________(month, date, year), this revised and approved edition of the University of Houston- Downtown Student Government Association Election Code includes all amendments to date and is the Code, which the University of Houston-Downtown Student Government Association Election for (term & year) shall follow. NO further changes made to this Code shall take effect until after this election. Clause 5: Two (2) weeks before the start of the election and each week thereafter, the 39 University of Houston-Downtown Student Government Association Election Commission, or its designee, shall make all formal announcements in relation to this Code. Formal Announcements shall include candidate names and position candidate is running for (to date – subject to verification), a complete wording of all referendum questions (to date – subject to verification), applicable voting information, and contact information for the Election Commission. Section 6: Election’s Packet Clause 1: The Candidate Application Packet shall be comprised of the Candidate Information & Eligibility Form and the Petition of Candidacy Form. Clause 2: The Candidate application packet shall only be made available during spring semester elections, unless otherwise deemed necessary. A completed and verified Candidate Application Packet is required for all candidates running for the University of Houston-Downtown Student Government Association elected positions. Clause 3: The Candidate Information & Eligibility Form shall include a request for the following information from each candidate (and additional questions if deemed necessary by the Election Commission): •Candidate Name (as it is to appear on the official ballot) •Current Mailing Address •UHD Student Identification Number •Phone Number •Email Address •Classification •College they belong to •Major •GPA • Position Sought (Specify running ticket) 40 Clause 4: The Candidate Information & Eligibility Form shall include a list of qualifications for candidates as follows: • Meet all requirements in accordance with the University of Houston Downtown Student Government Association Constitution and acknowledge their candidacy by signing the following bearing their own legal signature in English: "I, (name of candidate), acknowledge my candidacy for the office of (title), and shall, if elected, accept the duties and responsibilities of the office. I am a member of the student body of the University of Houston Downtown not under academic or disciplinary probation and am qualified, as prescribed by the Student Government Association of the University of Houston- Downtown Constitution and Bylaws, to accept and run for the office for which I am a candidate. I have also received, read, and have full understanding of the constitution and Bylaws of the Student Government Association of the University of HoustonDowntown." Clause 5: The Candidate Information & Eligibility Form shall include a statement of candidate eligibility as follows: All students registered at the University of HoustonDowntown, and pay all mandatory student-fees, are considered members of the Student Association of the University of Houston-Downtown and are eligible for election to the offices of University of Houston-Downtown Student Government Association open positions in accordance with the University of Houston-Downtown Student Government Association Constitution and the University of HoustonDowntown Student Government Association Election Code. No candidate shall be charged a registration or petition fee. By signing below, the candidate affirms that he/she has read the University of Houston-Downtown Student Government Association Constitution and the University of HoustonDowntown Student Government Association Election Code and further agrees to abide by all the terms set therein. In addition, the candidate affirms that he/she meets all the requirements of eligibility set forth in the University of Houston- Downtown Student Government Association Election Code. 41 Clause 6: The Petition of Candidacy Form shall include the following language to outline the eligibility of the signer of the petition, candidate name, and election term and year. It shall be written in the following manner: The individual who has signed his or her name to this petition, a registered Student at the University of Houston-Downtown, affirm and acknowledge (candidate name) who is running for for the University of Houston-Downtown Student Government Association’s _________________ (term & year). Clause 7: The Petition of Candidacy Form shall include spaces for petition signatures. One petition signature shall be comprised of the printed name, signature, and the student identification number of the University of Houston-Downtown student body member. Signatures and printed names must include both first and last names. The printed name and Student Identification Number must be legible. Clause 8: Any contested candidate who fails to appear at scheduled debates or fails to send a pre-authorized representative chosen by the candidate shall not be placed on the ballot of the election for which he or she has submitted for candidacy. Clause 9: Candidate Application Packets shall be made available at General Assembly Meeting that is at least two (2) full weeks before the start of the election. In the case when a special election is called, petitions will be made available no less than seven (7) business days before the start of the election Section VII: Declaration of Office Clause 1: Candidates wishing to have their names on the ballot must run and be voted on as a uniform ticket as a President and Vice President. Clause 2: Each member of the running ticket wishing to have their names on the ballot must submit a petition with one hundred (100) signatures of the members of the student body, for a total of two hundred (200) signatures. 42 Clause 3: Any candidate wishing to have their name on the ballot for Senator must submit a petition with fifty (50) signatures of the student body in the college they represent. All signatures for Senator must be from the college the candidate plans to represent. Clause 4: All candidates wishing to have their names on the ballot must declare their candidacy according to these bylaws to the Election Commissioner by turning in the Elections Packet described in Article VIII Section VI of the University of Houston-Downtown Student Government Association Constitution by 5:00 p.m. on the Friday of the week prior to the first day of campaigning. Candidate Application packets will not be accepted past this time. No exceptions. Section VIII: Campaign Contract Clause 1: The “Statement of Candidate Eligibility” found on the Candidate Information & Eligibility Form will act as the Campaign Contract. The candidate and the Election Commissioner will sign the Campaign Contract no later than the close of the final scheduled Mandatory Candidate Meeting. Section IX: Petition for Referendum Form Clause 1: The University of Houston-Downtown Student Government Association shall make available petition forms for referendum and shall be formatted in a Yes/No question in the following manner: We, the undersigned, registered, and mandatory fee-paying students of the University of Houston-Downtown request that the following question be placed on the University of HoustonDowntown election ballot in the Election of (term & year): (Text of Yes/No Question): ? Clause 2: The Petition for Referendum Form shall include spaces for petition signatures. One petition signature shall be comprised of the printed name, signature, and the student identification number of the supporting 43 University of Houston-Downtown student body member. Signatures and printed names must include both first and last names. The printed name and the student identification number must be legible. At least five (5) percent of the University of Houston-Downtown student body population must sign the petition for each referendum question to be placed on the ballot. Clause 3: All requests for referendum must be presented to the Election Commission in the form in which they shall appear on the ballot no later than three (3) weeks before the election. Section X: Verification of Petitions Clause 1: The Election Commission shall verify and validate all petition signatures from Petition of Candidacy Forms or Petition for Referendum Forms through the Office of Student Activities within (1) week of submission. Clause 2: The Election Commission is granted the ability to disqualify any candidate if the candidate neglects to fill out any or all areas of the Candidate Application Packet. The Election Commission is granted the ability to disqualify any particular petition signature(s) for the following reasons: • If the signatures are not in ink. • If the printed name and/or student ID number is illegible, and is not capable of being verified. Clause 3: If upon verification, it is found that any Petition of Candidacy and/or Petition for Referendum forms lack sufficient fee paying signatures of University of HoustonDowntown student body members, the Election Commission shall grant an extension to the candidate(s)/referendum question petitioner to collect the remaining signatures. The length of the extension shall not exceed two (2) business days from the time that notification is given to the candidate(s)/referendum question petitioner. If the candidate(s)/referendum question petitioner fails to collect the remaining signatures by the end of the extension, the candidate(s)/referendum question shall be disqualified and his/her name or referendum question shall not appear on the election ballot. Clause 4: If any student signs the same candidate’s petition or referendum petition more than once, that student’s signature shall only be counted once. 44 Clause 5: The Election Commission shall announce all official candidates during the week prior to the start of the election. In a case where a special election is held, announcements will be made within two (2) business days prior to the start of the election. Section XI: Campaign Regulations Clause 1: Barring injunction by any court of proper jurisdiction or the University of Houston-Downtown Student Government Association Judicial Branch, there shall be no grounds for delay of the election. No University of HoustonDowntown administrative body or office, other than the University of HoustonDowntown Student Government Association Judicial Branch, shall be considered a “legitimate court” outside of the federal, state, county, etc. courts. Clause 2: No member of a campaign team may remove, destroy, deface, or cover-up any campaign material of another candidate or party or in any way hinder campaign efforts. Engaging in these actions may result in disqualification. All disputes must be brought immediately to the Election Commission. Clause 3: All campaign materials must be taken down within three (3) business days after final poll closure. Clause 4: All members of a campaign team shall follow respective building and campus policies regarding posting. Clause 5: The Election Commission will determine the election window (Opening and closing of the polls) for all elections. Clause 6: There shall be no campaigning within a twenty-five (25) foot radius of a polling station and/or computer labs and any other E-Services terminal on the days of campaigning and election. This rule includes posters/postings, speaking in favor or against a candidate, distribution of literature, or other campaign methods. Candidates may not use laptops as their own voting stations nor utilize their personal/borrowed electronic devices to obtain mobilized votes. Clause 7: No person shall disrupt or prevent legal and orderly campaigning by any party. Clause 8: Internal organizations either whole or in part, shall not endorse any candidate for a Student Government Association office without giving all candidates for the office a fair and open hearing to express their views. The Election Commission of the University of Houston-Downtown Student Government Association in partner with the Joint Student Organization Committee shall be responsible for gathering all student organizations to participate in a candidate evaluation panel 45 for potential endorsements. In the given case that a running candidate is absent to an open hearing for endorsement after a formal and public invitation, then the other party(s) may continue with the endorsement procedures. A representative is also a form of representation if candidate is absent. Only thereafter, endorsement by an internal organization is allowed. Clause 9: Any external organization either whole or in part, are allowed to endorse any candidate for a Student Government Association office. Clause 10: The action of mass emailing/spamming through any University of HoustonDowntown server (Gator mail/Blackboard) is not allowed. The use of social networks, video sites (YouTube), and other related items is allowed. Clause 11: No candidate or campaign worker may disrupt balloting and tabulation procedures. This includes causing physical change to any ballots before or after their validation and distribution; preventing the casting of a vote; attempting to influence the voter at the time of casting their vote; interference with any Election Commission member, employee, or Judicial Branch member; attempting to influence the tabulation of votes through physical or electronic methods; and/or threatening or seeking to induce any Election Commission member, employee or Judicial Branch member to any bias action against this Code. Any violations must be reported to the Election Commission and can be immediate grounds for disqualification. Section XII: Measures for Disqualification of a Candidate Clause 1: A candidate may be disqualified if they have violated, or have not taken appropriate action to prevent violation(s) of any rules or regulations in the University of Houston-Downtown Student Government Association Constitution or Election Code. Section XIII: Procedures for Disqualification of a Candidate Clause 1: All disqualifications must be made by the Election Commission. Clause 2: Any disqualification must be made at a regularly scheduled meeting of the Election Commission. If necessary, a special meeting will be held to discuss the disqualification. A majority vote (66.6%) by the Election Commission is 46 to be conducted to determine the disqualification of the incriminated party. The Election Commission shall be the only party present at time of voting. Clause 3: Notification of pending disqualification, violations recorded, or penalties imposed must be in writing and delivered to the candidate or person in question at least three (3) full business days prior to the Election Commission Meeting. Upon ruling a disqualification, the Commission shall make every reasonable effort to notify the disqualified parties in writing. Clause 4: A candidate may not be disqualified without his/her knowledge, nor may he/she be disqualified without the opportunity to present an oral and written defense at a scheduled open meeting with the Election Commission. If a candidate is properly notified of the pending decision and chooses not to attend, then the Commission may make their decisions in the candidate’s absence. Clause 5: Written notice of pending disqualification from student elections must include the following information and shall be posted at the University of HoustonDowntown Student Government Association office after a final ruling of the disqualification has been made: • Grounds for disqualification, • Details about the violation committed • Documented evidence of the violation committed • Written statement from a witness to the violation • Information regarding pending administrative procedures Clause 6: All disqualification and violation notices must be submitted to the Election Commission no later than one (1) business day after the final poll closure. Clause 7: After disqualification has been confirmed. The name of the disqualified candidates should immediately be removed from the current voting ballot. Clause 8: The disqualified candidate may appeal its case to the Judicial Branch within 24 hours in a written format. A two-third (2/3) vote by the Election Commission is required to overturn the initial verdict. Section XV: Polling Stations Clause 1: The location and hours of operation for all polling stations shall be determined by the Election Commission. The location and hours of 47 operation for all polling stations shall be announced at least two (2) weeks prior to the start of the election. Polling stations shall be conveniently located to the extent possible to ensure ease in voting for the University of HoustonDowntown student body. Section XVI: Ballots Clause 1: Only the Elections Commissioner and University of Houston-Downtown Student Government Association’s Advisor may have access to the current count of the ballot. The Elections Commissioner must take an oath of assurance to never share/discuss the voting count until the date of announcing the winner. Clause 2: Each ballot shall be uniform in appearance to the extent possible. Names on ballots appear in the order as determined by the Election Commission. Clause 3: Candidates Information & Eligibility Forms shall be reviewed by the respective candidates and the judicial review board for grammatical, spelling or punctuation errors to be considered the final authority for any disputes arising over grammatical, spelling, and punctuation on the ballot. Clause 4: The Election Commission shall keep all electronic ballots secure by use of a username and password to access the online voting administrative portal known only to the Election Commissioner and the Student Government Association Advisor. Article XVII: The Voting Process Clause 1: All voters must be registered as University of Houston- Downtown mandatory student-fee paying individuals. Clause 2: Members of the student body will be required to enter their computer account user name and password in order to access all ballots. Clause 3: No person may: 1) Vote or offer to vote in the name of another person. 48 2) Vote or offer to vote more than once in any election. 3) Induce, abet, or procure a person who has voted previously in an election to vote again. 4) Fraudulently deceive or mislead any voter or election official. 5) Induce or attempt to induce fear in any voter or election official. Section XVIII: Tallying of Votes Clause 1: The counting of ballots will be conducted using software provided by the IT department. The counting and approval must be made by the University of Houston-Downtown Student Government Association’s Advisor, the Election Commissioner along with the four (4) Clerks, and one University of Houston-Downtown non Student Government Association members selected by each President and Vice-President candidate. A majority (51%) vote is needed to approve the election results. Clause 2: Votes for a candidate not complying with the Constitution and Bylaws will be null and void. Clause 3: The candidate receiving the highest number of votes for the following University of Houston-Downtown Student Government Association elected positions shall be the winner of the available position up to the specified number of seats available. Clause 4: In the event of a tie for any of the candidate seats, the Election Commission shall hold a runoff election for that one (1) seat by only those candidates who tied. The Elections Commissioner shall determine the runoff elections length. Clause 5: The Election Commissioner of the University of Houston-Downtown Student Government Association Judicial Branch shall announce the results of the election. The Chief Justice shall post a copy of the certified results in a public place and send a copy of the results to the President of the Student Government Association. Clause 6: The results of the University of Houston-Downtown Student Government Association elections shall be announced at the One Main Event hosted by the University of Houston-Downtown. In the given case the One Main Event is not in place or was conducted prior to elections, each candidate shall be notified of the results within a seventy-two (72) hour period of the close of the election. 49 Section XIX: Contesting an Election Clause 1: An election may be contested by the presentation of a petition signed by fifty-one (51%) percent of the members of the Student Government Association to the Judicial Review Board in conjunction with the advisement team (Advisors) of the Student Government Association within seven (7) days of the posting of results. Clause 2: The Judicial Branch will rule on the validity of the election under the Constitution and Bylaws of the Student Government Association and all other rules that are applicable. A two-thirds (2/3) vote within the Judicial Branch is required to overturn to void the elections. Clause 3: The Judicial Branch may uphold the results of the election or direct the Election Commission to rerun all or part of the election. Clause 4: The ruling of the Judicial Branch shall be binding upon the Election Commission, Executive Branch and Legislative Branch. Clause 5: Provisions that shall be considered in determining a new election: 1) A five (5) percent inconsistency of ballots cast and name of registered students. 2) Any breach to the election Code by the candidate or the Election Commission. 3) Any candidate participating in the election procedure in any way other than being a candidate. 4) Any other inconsistency that the Election Commission feels is justified. Clause 6: If the Judicial Branch calls-for a new election, the new election shall take place within three (3) days of the ruling. Article IX: Budget Procedures Section 1: Based on a total dollar figure approved by the Student Service Fee Committee, the Executive Branch shall prepare an itemized, internal Student 50 Government Association budget for the expenditure of Student Government Association funds in anticipation of the next fiscal year (September 1st – August 31st). Section 2: The Executive Board shall prepare an itemized, internal Student Government Association budget during the summer sessions. Section 3: The Executive Board shall present an itemized, internal Student Government Association budget to the Legislative Branch no later than the 1st General Assembly of the Fall Semester. Section 4: The Legislative Branch with 51% affirmative vote shall approve with or without amendments the itemized, internal Student Government budget. Section 5: Prior to expending any budget approved Student Government Association Funds, authorized Student Government Association agents designated to spend money shall inform the Legislative Branch prior to the actual spending of any funds. Article X: Section 1: Proposed amendments to the Bylaws must be submitted to the President and Speaker of the Senate of the Student Government Association. Section 2: After being formally read to the Student Government Association, that amendment will be voted upon by the Legislative Branch after one (1) week elapsed. Section 3: A 2/3 affirmative vote of the Legislative Branch shall be required to approve an amendment to the Bylaws. Section 4: Individuals and groups within the Student Association may use their of legislative initiative to amend the Bylaws through the Legislative Branch. Section 5: All approved amendments will be incorporated into the body of the Student Government Association Bylaws in the appropriate places. powers 51 Article XI: Ratification Section 1: All previous Bylaws of the Student Government Association of the University of Houston-Downtown are null and void. Section 2: These Bylaws stand approved as of the ____day of _____, ______. These Bylaws shall take effect on the _____ day of ______,_____. Section 3: 52 Amendments Ivan Sanchez, President Student Government Association Advisor Student Government Association
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