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Article 1. Standing Rules of the Senate |
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Rule 0. Definitions and conventions used in these Rules. |
Rule 15. Committee of the Whole Senate. |
Rule 0. Definitions and conventions used in these Rules.
Rule 1. Meetings of the Senate.
(a) Meetings at the call of the President. The President shall call meetings of the Senate as he or she deems appropriate, provided that the Senate shall meet at least once every two full class weeks, and that the regular meeting date and time of the Senate shall be on Wednesdays no earlier than 7:30 PM. The President shall call no less than two (2) meetings of the Student Senate at least one week apart during the spring semester of his or her election. The President shall provide notice of all meetings at least two class days in advance of the meeting date.
(b) Meetings at the call of the Senate. At any time the Senate is in session, it shall be in order as a privileged motion for any Senator to move to schedule an additional meeting, for the date and time he or she shall prescribe in the motion. Such a motion shall be undebatable and shall require the consent of a two-thirds majority of the Senate.
(c) Meetings by petition of Senators. At any time outside of a meeting, a petition to call a meeting, prescribing the date and time of the meeting and signed by at least one-half of all qualified Senators, may be submitted to the President. Upon receipt of such a petition, the President shall verify that it meets the provisions of this clause, and if it is found to do so, shall provide notice of the additional meeting to all Senators via electronic mail, provided that the petition is submitted at least two days in advance of the date and time of the meeting as indicated in the petition.
(d) Meetings at the call of the Committee on Rules. By an affirmative vote of five (5) members, the Committee on Rules may schedule a meeting of the Student Senate at such time and date prescribed by the committee, provided that notice is given to all senators by electronic mail 72 hours prior to the scheduled Senate meeting. All Senators shall be notified by electronic mail at least 24 hours prior to the consideration of any motion to schedule a meeting of the Senate by the Committee on Rules.
Rule 2. Membership of the Senate.
(a) Qualification of Senators. A member of the Student Body shall be considered a qualified Senator-elect upon receipt by the President of certification of his or her election to the Senate from the Elections Commission, or a qualified Senator-designate upon the approval by a simple majority of the Senate of his or her nomination by the President. Before such a qualified Senator-elect or Senator-designate may assume membership, he or she shall be administered the oath of office by the President as required by statute.
(b) reserved for future use.
(c) Appointment to fill vacant seats. The President shall be empowered to nominate an eligible member of the Student Body for appointment to any Senate seat which is not to be filled for the remainder of the session by other action provided for in this Rule. The President shall make a reasonable effort to provide that such nominees are members of the constituency they are to be appointed to represent. The President shall send appropriate notice to College Councils as provided by §2-3.11 of these Statutes. Such nominations shall be subject to approval by a simple majority of the Senate as described in clause (a) of this rule.
(d) Alternates. A Senator may appoint an alternate to exercise full voting and debating privileges in his or her absence, provided that he or she meets all eligibility requirements to serve as a Senator. The absent Senator shall still be assessed an absence, regardless of whether an alternate is sent or not. The alternate shall present written confirmation from the appointing Senator of his or her appointment to the President. The President shall, if reasonable evidence of the alternate’s eligibility exists, provide the alternate's name and the seat which they are filling to the Secretary.
(e) Documenting Attendance. Immediately after calling the Senate to order, and immediately before declaring the Senate adjourned, the President shall cause the roll to be called to establish the presence of a quorum and to confirm the attendance of Senators. Any Senator not in attendance for such a roll call, shall be assessed with one-half (1/2) of a Senate absence. The Chair of each respective Committee shall be required to document Senator attendance for formal Committee meetings; any Senator not in attendance for a Committee meeting shall be assessed with one-half (1/2) of a Senate absence. Any Senator sponsoring an Appropriations Request who fails to attend the Finance Committee meeting at the time slot for which he/she is scheduled shall be assessed one-half (1/2) of a Senate absence per time slot missed. Any Senator failing to attend the Student Government Retreat shall be assessed one (1) Senate absence; no further absences shall be recorded from meetings occurring during the Retreat for Senators not in attendance. All absences shall be submitted to the Secretary.
(f) Attendance Policy. Should any Senator accumulate four (4) absences during a session, the committee on Government Operations shall conduct a hearing on the Senator’s attendance, in which the Senator shall be provided a reasonable opportunity to provide either oral or written explanation of his or her absences. The committee shall determine if the absences merit a charge of impeachment, censure, reprimand, or no action at all. Additional hearings shall occur for every two additional absences after the fourth absence.
(a) Quorum. A quorum of the Senate shall consist of a simple majority of all qualified Senators, and excluding all ex-officio members of the Senate. It shall be in order as a privileged request for any Senator to ask that the roll be called to establish the presence of a quorum. In the absence of a quorum, the President shall, at his or her discretion, be empowered to immediately declare the Senate to be adjourned, in recess, or dissolved into the Committee of the Whole Senate.
(b) Order of Business. After being called to order, and calling the roll to establish the presence of a quorum, the Senate shall proceed with its business as follows:
(c) Approval of the journal. The Secretary shall provide copies of the journal for all unapproved meetings held at least five class days prior. At the appointed time, the Secretary shall move the approval of the journal for all meetings for which it is provided. The motion that the journal be approved shall be decided without debate, but amendments may be proposed, also without debate, by any Senator and shall be considered approved by unanimous consent unless objected to. Should a simple majority of the Senate fail to approve the journal, it shall be deemed to have been reconsidered and referred to the Committee on Rules, which shall be instructed to revise and report it at its next meeting, to be considered again at the subsequent Senate meeting.
(d) President’s Report. At the appointed time, the President shall recognize each Student Body Officer, including him or herself, and the President Pro Tempore, to offer a written report on his or her official activities since the previous meeting and make any summary announcements he or she deems necessary.
(e) Committee Reports. At the appointed time, the President shall recognize the Chair of each standing committee, in alphabetical order, and then each select committee, in alphabetical order, to report briefly on the committee’s activities since the previous meeting.
(f) Senators’ Speeches. At the appointed time, the President shall recognize in turn Senators requesting the floor for a period not to exceed one minute. The total time for Senators’ Speeches before the first reading of legislation shall not exceed fifteen minutes.
(g) Expedited agenda. At the appointed time, the President shall sequentially proceed through such acts of legislation that have been previously been placed on the expedited agenda. Such acts shall be considered adopted, unless five (5) Senators rise in objection thereto. All such acts so objected are immediately placed on the end of the calendar for second reading.
(h) Informal Business. Any Senator wishing to raise an issue for informal discussion by the Senate shall submit his or her intent to raise such an issue, and a brief statement of the issue to be raised, to the Committee on Rules via electronic mail by noon of the Monday prior to the meeting at which he or she desires to raise the issue. The Committee on Rules shall consider the matter at its next meeting and place the matter on the Senate Calendar by an affirmative vote of three (3) members. At the appointed time, the President shall recognize the Senator raising the issue to state it briefly, and shall then recognize other Senators in turn, provided that the total time for each such discussion shall not exceed ten (10) minutes. No formal vote shall take place as a direct result of such a discussion, and it shall not constitute the formulation of Student Government policy.
(a) Debatable motions. When a debatable motion is made and properly seconded if a second is required, the President shall cause it to be read, and then proceed to state the question on the motion. After the question is stated, the motion shall be in the possession of the Senate and may not be withdrawn by the author except by unanimous consent.
(b) Order of Precedence of Motions. The order of precedence of motions shall be as follows:
(c) Motion to adjourn. The motion that the Senate adjourn shall be decided without debate. All motions to adjourn shall be understood to adjourn the Senate to the next date and time scheduled, whether already placed on the schedule or added later by any of the methods prescribed by these Rules. The motion to fix the time to which to adjourn shall be out of order.
(d) Motion to adjourn sine die. The Senate shall only adjourn sine die by resolution. Such a resolution shall set the date of adjournment sine die as the day immediately prior to the expected first meeting of the following session of the Senate. A session may also be considered adjourned sine die without a resolution when the President of the new session calls its first meeting to order.
(e) Previous question. The previous question, or motion to end debate and order an immediate vote, shall be decided without debate, and shall require the consent of a two-thirds majority of the Senate. The previous question shall be out of order on the consideration of the adoption of legislation unless at least two-thirds of the time allowed for debate in both the affirmative and the negative has expired. This rule may not be suspended.
(f) Germaneness rule. All amendments not germane to the subject of the motion under consideration shall be out of order in meetings of the Senate or any committee formed thereof.
(g) Points of order. If any Senator has cause to believe that one or more of the Rules of the Senate is not being followed, he or she may rise and inform the President that he or she rises to a point of order. The Senator raising the point of order may interrupt the speaking Senator, and the President shall recognize all points of order. The President shall recognize the Senator raising the point of order for a period not to exceed one minute to explain his or her point. Following the President’s ruling, the motion to appeal from the decision of the chair shall be in order. Such motion shall be debatable except in cases these rules provide otherwise, and a simple majority shall be required to overturn the ruling of the President.
(h) Dilatory motions. Any motion which is dilatory in nature shall be out of order in meetings of the Senate.
Rule 5. Assignment of the Floor.
(a) Recognition of Senators. A Senator who seeks recognition shall rise at his or her seat, or stand in the well of the Senate Chamber, address the President, and shall wait to be recognized before addressing the Senate further, unless otherwise permitted by these Rules.
(b) Recognition of non-Senators. No one save members of the Senate shall be extended the floor, except by the President. No one save members of the Senate shall be recognized in debate, unless approved by two thirds of the Senate.
(a) Time and speech limits. All debate time shall be evenly divided between affirmative and negative debate in the manner deemed appropriate by the President. No Senator shall be entitled to speak in debate more than twice on any one question. The total time for debate on a motion shall be as follows:
(b) Question period. The President may, at his or her discretion, recognize the Senator making any motion for a period not to exceed ten minutes, following the statement of the question but before proceeding into debate, during which time the Senator shall be entitled to yield to other Senators for questions. It shall be out of order for any Senator to use such time for debate.
(c) Questions in debate. Once debate has begun, a Senator speaking in debate shall be entitled to yield the floor to other Senators for questions. A Senator desiring to ask a question of the speaking Senator may interrupt him or her to request that the speaking Senator yield. The speaking Senator’s response to such questions shall be counted against his or her debate time.
(a) Decorum of Senators. The President shall have general direction of the Senate Chamber and shall maintain the proper decorum of the Senate. All Senators shall observe decency of speech, avoid disrespect of personalities, leave the Chamber to engage in conversations, and avoid walking between a speaking Senator and the President.
(b) Decorum of visitors. Visitors to the Senate Chamber shall be seated around the back and side walls of the Chamber except at the discretion of the President. No visitor may be seated along the aisles or behind the rostrum. Visitors shall refrain from disrupting the business of the Senate. The President, with the aid of the Sergeant-at-Arms, may ask any visitor to leave the Chamber at any time for disorderly conduct.
(a) Procedure for voting. The Senate shall proceed to an immediate vote on the question before it when (1) the question is on the adoption of an undebatable motion; or (2) all debate on a debatable motion is exhausted; or (3) the previous question is ordered thereto. In initiating a vote, the President shall first, if necessary, cause the Sergeant-at-Arms to call all Senators from the lobby and, upon their entry, ensure that no Senator may enter or leave the Chamber during the voting procedure. The President shall then cause the motion to be read and put the question to a vote of the Senate. No Senator shall vote who was not present in the Chamber when the question was put. Any Senator may abstain from voting.
(b) Voting rights of President. The President shall have no vote but in the case of a tie.
(c) Motions in order during a vote. Only motions, parliamentary inquiries, and points of order pertaining directly to the vote on the question before the Senate shall be in order after the question is put. Any such motion, inquiry, or point of order may be offered at any time during a vote but shall not be taken up until after the voting procedure currently at hand is completed, but shall be taken up and disposed of before the final result is announced.
(d) Votes by roll call. It shall be in order as a privileged request for any Senator to ask that the yeas and nays be recorded in the journal on any question, with the consent of one-fifth of those Senators present. The yeas and nays shall be recorded by a call of the roll. No roll call vote shall be in order on Senate Resolutions in nature of a special rule, however the President shall proceed directly to a vote by roll call on the second reading of all policy-making Resolutions and finance related bills, without intervening voice vote or standing vote.
(a) Appointment of standing committees. The President shall appoint each Senator to one of the seven standing committees, as follows:
(b) Committee chairs. The President shall appoint one Senator to serve as Chair of each standing committee no later than the last regular class day of the Spring semester. The Chair of a committee shall be considered a full voting member of the committee, with the exception of the Student Body Treasurer, who shall have no vote on the Finance committee. The Chair of each committee shall serve at the discretion of the President.
(c) Additional committee officers. Each committee shall elect a Vice-chair from its membership at its first meeting following the complete appointment of elected Senators to committees, and again at such times the office might become vacant. Additional officers may be designated by the committee or the chair.
(d) Duties of committee chairs. Standing committee chairs shall be responsible for such duties typical of the office of chair, including coordinating committee meetings, recording the attendance of committee members, and preparing committee reports for the Senate. Standing committee chairs shall also perform duties pertaining to their committees by request of the President, not inconsistent with these Statutes. The Vice-chair shall fulfill the duties of the Chair at such times the Chair is unable to do so.
(e) General duties of standing committees. Standing committees shall be responsible for the consideration of all questions referred to them by the Senate or the President, the preparation of legislation they deem necessary for the welfare of the Student Body or as directed by the Senate in instructions, and the preparation of all reports required by these Rules or deemed necessary at the discretion of the Chair.
(f) Membership size requirements for standing committees. At no time shall any standing committee be composed of less than three (3) members, or less than the number prescribed elsewhere in these Rules for the committee, whichever is greater. Should membership of a committee fall below its allotted minimum, the President shall inform the Senate and seek Senators who wish to transfer to the committee. Should a committee be unable to obtain the prescribed minimum number of members, it may continue to operate, provided that a quorum of the committee shall be a simple majority of its minimum prescribed membership.
Rule 10. Standing Committee Duties.
(a) Committee on Academics. The Committee on Academics shall be responsible for policies regarding academic reform, University academic policy, evaluation of professorships and courses, calendar issues, library operations, and physical education. The Committee on Academics shall affect liaison with the Faculty Senate Academic Policy Committee, the office of the Provost, the Teaching Effectiveness and Evaluation Committee, the Committee on Undergraduate Education, and the Department of Registration and Records.
(b) Committee on Campus Community. The Committee on Campus Community shall be responsible for promotion of Senate among the Student Body, creation and distribution of materials concerning Senate, including all official publications, communication between Senate and the surrounding community, policies concerning University Housing, the Student Media Authority, the Inter-Residence Council, Greek Life and the student Greek councils, the Outer Residence Council, the Union Activities Board, Registered Student Organizations, campus traditions and events, local government, including the Raleigh City Council, and Athletics, including Ticket Distribution Policies (SBS §9-1 and §9-2). The Committee on Campus Community shall provide a Senate liaison to the Inter-Residence Council.
(c) Committee on Diversity. The Committee on Diversity shall be responsible for policies concerning free expression of ideas and beliefs cultural differences between students of the University, discrimination on campus, the African-American Cultural Center, the Women’s Center, the Office of Multicultural Student Affairs, and the implementation of the Outstanding Person Award and Erase-ism.
(d) Committee on Finance. The Committee on Finance shall insure the fair distribution of Student Body Funds. The committee shall be chaired by the Student Body Treasurer, and be composed of at least one-seventh (1/7) of all qualified Senators, including a vice-chair. The committee shall prepare annually an appropriations bill for the Student Government Budget as detailed elsewhere in these Statutes, oversee the appropriation of all Student Body Funds, and consider all finance, program, and appropriations bills.
(e) Committee on Government Operations. The Committee on Government Operations shall be responsible for reviewing amendments to these Statutes and the Student Body Constitution, formulating election procedures, reviewing policies concerning College Councils, formulating policies, except those under the purview of another committee, regarding bodies of governance, evaluating the nature of Senate absences, and reviewing personnel matters, including conducting investigations regarding the impeachment of Student Government Officials, in accordance with the Senate punitive powers. The Government Operations committee shall affect liaison with student judicial boards, the Board of Elections, and the Department of Student Development. The committee shall be composed of at least five (5) members.
(f) Committee on Tuition and Fees. The Committee on Tuition and Fees shall formulate policy and consider legislation pertaining to student tuition, fees, and other monetary charges, the administration’s budget priorities and requests, the budgetary process of the Board of Governors and the North Carolina General Assembly, and other matters of student costs and University funding.
(g) Committee on University Affairs. The Committee on University Affairs shall be responsible for policies concerning the Campus Police, the Physical Plant Division, parking and transportation, campus planning, construction, buildings, and grounds, the Student Health Services, the Student Legal Services, the Counseling Center, University Dining, the NCSU Bookstores, environmental protection, and the implementation of Nightwalk. The Committee on University Affairs shall provide a Senate liaison to the Campus Police, the Department of Transportation and University Dining.
Rule 11. Permanent Committee on Rules.
(a) Membership of Committee on Rules. The committee on rules shall be composed of the Senate President Pro Tempore, ex-officio, the Chairman of the Committee on Government Operations, ex-officio, and five at-large Senators. The President Pro Tempore shall serve as chair of the committee, and the Chairman of the Committee on Government Operations shall serve as vice-chairman of the committee.
(b) At-large members of Committee on Rules. Three class days prior to the second Senate meeting of a session, the at-large members of the Committee on Rules shall be appointed. Two members shall be appointed by the Student Senate President Pro Tempore, and then three members shall be appointed by the Student Senate President. At-large members of the Committee on rules shall be subject to majority confirmation of the Senate. At large members of the Committee on Rules may be removed for cause at any time by the original appointing official.
(c) Composition Restrictions of Committee on Rules. All members of the Committee on Rules shall be Senators representing one of the several colleges, schools, or recognized programs. At no time shall the Committee on Rules be comprised of, including the Vice-Chair but excluding the Chair, more than:
(d) Meetings of the Committee on Rules. The Committee on Rules shall meet at the call of the Chair. The Committee must meet the evening two days prior to any Senate meeting. The Chair shall publish in electronic form the agenda for a given meeting at or before 1:00 PM on the day of a meeting of the Committee on Rules. Quorum of the Committee on Rules shall be four (4) members.
Rule 12. Duties of the Committee on Rules.
(a) Special Rules for Consideration of Legislation. The Committee on Rules may compose a Special Rule, by majority vote, for consideration of any act of legislation. All such special rules shall be in the form of a Senate Resolution.
(b) Placement of Legislation on Expedited agenda. The Committee on Rules may place, by majority vote, any act of Legislation, on the expedited agenda provided that it has received a committee report recommending Senate consideration.
(c) Consideration of Ordinary Business. The Committee on Rules shall be empowered to consider ordinary committee matters including referred legislation, referred business and matters of the committee’s own concern in accordance with all rules governing standing committees except those involving membership.
(d) General Committee Duties. The Permanent Committee on Rules shall be responsible for reviewing amendments to the rules of the Senate, reviewing matters of controversy in Senate procedure, promulgating special rules, determining the composition of the expedited agenda, overseeing procedural education of the Senate with the assistance of the Parliamentarian, and advising the President and other Senate officers on Senate Rules outside of meetings of the Senate.
(a) Appointment of select committees. The formation of a select committee may occur at the discretion of the President or by motion of any Senator with the consent of a simple majority of the Senate. The President shall appoint the Chair and other members of the select committee, unless the motion creating the committee specifies some other method of selection.
(b) Meetings and general duties of select committees. Select committees shall meet at the discretion of the Chair, subject to any conditions which may be stated in the committee’s formation. Select committees shall be responsible for the consideration of all questions referred to them by the Senate and the preparation of legislation as directed by the Senate in their formation or subsequent instructions, and the preparation of all reports required by these Rules or deemed necessary at the discretion of the Chair.
(a) Call of meetings. Standing committees shall meet at least once every two full class (2) weeks during the fall and spring semesters, at the time and place prescribed by the chair. A simple majority of the committee’s membership may, by written petition, instruct the chair to schedule a meeting. The chair shall announce all committee meetings to all Senators via electronic email at least twenty-four (24) hours prior to the meeting. A quorum of the committee shall consist of a simple majority of the membership of that committee, except as provided in Rule 9(f) for committees whose membership is below the minimum prescribed membership. Committees may enact such other rules, not inconsistent with these Rules, as they see fit.
(b) Committee reports. Committees may, upon completing their deliberations, report legislation to the Senate by a simple majority vote of the committee. Such a report shall be submitted in electronic form by the Chair of the committee in the manner prescribed by the President to him or her and to the Student Government Office Administrative Assistant, and may include recommendations for the Senate consideration of the legislation, including requests that the closed rule on amendments be invoked or that debate be limited or extended. Committee reports take effect immediately upon being filed.
(c) Discharge from consideration. Any legislation remaining in a committee may be discharged from the committee, provided that the notice of intent to offer the motion is sent to all Senators by electronic mail at least twenty-four (24) hours prior to the meeting. Passage of the motion to discharge shall require a simple majority vote, unless the matter to be discharged has been in committee less than five (5) class weeks or has received a committee recommendation against consideration, in which case a two-thirds vote shall be required.
(d) Consideration of legislation. Committees shall consider all legislation referred to them. No legislation may be considered at a committee meeting unless either the chair announced its consideration or a Senator announced intent to move for its consideration. Such announcements shall be sent by electronic mail to all Senators, at least twelve (12) hours prior to the meeting in the case of a Senator and at least twenty-four (24) prior in the case of the chair. All reports recommending Senate consideration of legislation must be submitted no later than noon on the Monday prior to a Wednesday Senate meeting in order to be considered at that meeting.
(e) Senator participation in committees. Any Senator may attend and participate in the deliberations of any committee, but he or she shall have no vote unless a member of said committee.
Rule 15. Committee of the Whole Senate.
(a) Dissolution into Committee of the Whole. It shall be in order as a privileged motion for any Senator to move to dissolve the Senate into the Committee of the Whole Senate, subject to the approval of a simple majority of the Senate, and such a motion shall be decided without debate. In the absence of a quorum, the President shall be empowered to declare the Senate dissolved into the Committee of the Whole Senate.
(b) Business in order in Committee of the Whole. The Committee of the Whole Senate may consider any main motion which is referred to it by the Senate or is on the calendar for the present meeting.
(c) Chair of the Committee of the Whole. The Committee of the Whole Senate shall be chaired by the President Pro Tempore. In no case shall anyone serving as President also preside over the Committee of the Whole Senate. The President shall have all the rights and privileges of a Senator in meetings of the Committee of the Whole Senate.
(d) Quorum in the Committee of the Whole. A quorum of the Committee of the Whole Senate shall consist of one-fifth of all qualified Senators.
(e) Debate in the Committee of the Whole. Debate in the Committee of the Whole shall not be restricted, unless any Senator should so move with the consent of two-thirds of the Committee. All rules regarding the decorum of the Senate shall apply.
(f) Motions in order in the Committee of the Whole. The motion that the Committee of the Whole Senate rise and report, the motion to report the pending question to the Senate, motions to amend the pending question, and such inquiries, points of order, and motions related to debate and voting as are necessary for its operation shall be the only motions in order in the Committee of the Whole. All questions to be considered by the Committee of the Whole Senate must be reported before the motion that the Committee rise and report shall be in order.
(g) Types of Reports by the Committee of the Whole. It shall be in order for any Senator to move that the Committee of the Whole Senate report the pending question, and such a motion shall contain a recommendation that the Senate vote immediately or that it debate further. Such a report shall be decided without further debate and shall require the consent of a simple majority of the Committee.
(h) Reports by the Committee of the Whole. The President shall bring before the Senate, in the order reported, all main motions reported by the Committee of the Whole Senate upon reconvening the Senate. If the Committee reported a question with a recommendation that the Senate vote immediately, the President shall put the previous question on that motion to an immediate vote of the Senate.
(a) Calendaring of Special Rules. All duly reported special rules shall be placed on the calendar for consideration at the next Senate meeting.
(b) Consideration of Special Rules. At the appointed time, each calendared special rule shall be considered sequentially in numerical order. The question of the adoption of a special rule, and all subsidiary motions thereto, shall be by no means debatable. The special rule shall not be amendable by any means, save general consent, and may only be referred to the Committee on Rules. Such special rules shall be adopted by a simple majority vote, except where otherwise prohibited by law.
Rule 17. Legislation Generally.
(a) Types of Legislation. The Senate shall recognize two types of legislation, which shall be known as Bills and Resolutions. The President shall determine the proper format for the presentation of all forms of legislation and inform all Senators of the requirements thereof.
(b) Bills. All legislation creating or affecting a change in the Student Body Statutes or other body of law within the legislative powers of the Senate, or providing for the budgeting and appropriation of Student Body Funds, shall be presented in the form of a Bill. The specific bill types shall be as follow:
(c) Resolutions. All legislation creating or affecting a change in Student Government policy shall be in the form of a Resolution. Resolutions shall not amend any portion of the Student Body Statutes, the Student Government Budget, or any other body of law within the legislative powers of the Senate.
(d) Senate Resolutions. All legislation exercising one or more privileges of the Student Senate, shall be in the form of a Resolution, but shall be distinguished from Resolutions designated in Rule 14(c) by being identified as a “Senate Resolution”. All special rules shall be presented in the form of a Senate Resolution.
(e) Legislative expiration. Upon adjournment sine die of a session, all legislation not definitely disposed of by the Senate is to be considered postponed indefinitely and can only be brought up in a new session by reintroduction.
Rule 18. Introduction of Legislation.
(a) Initial introduction. A Senator may file legislation for introduction by submitting one properly formatted electronic copy in the manner prescribed by the President to him or her and to the Student Government Office Administrative Assistant, provided that a text-only version of the legislation shall always be acceptable for filing legislation for introduction. The President shall place legislation filed for introduction in this manner on the calendar for first reading at the next meeting provided that it is introduced no later than 9 o’clock AM on the Monday prior to the Wednesday for which the meeting is scheduled. The President shall also cause the legislation to be sent to all Senators via electronic mail no later than one class day following its filing for introduction, and to be posted on the Senate’s World Wide Web site.
(b) Sponsorship of legislation. Any Senator filing legislation with the Student Government Office for first reading shall be designated as the primary sponsor of the legislation filed. In the event that more than one Senator jointly submit a piece of legislation, those Senators shall be designated as primary joint sponsors of the legislation filed. After the first reading of any piece of legislation, any number of Senators may join as joint sponsors of the legislation with the consent of the primary sponsors, and Senators joining in such a manner shall be designated as secondary sponsors. The Senate shall not amend the names of primary or secondary sponsors without the consent of those Senators whose names are to be amended.
(c) Signatories to legislation. Any Student Organization or independent member of the University community may demonstrate their support to a particular piece of legislation by being designated as signatories to that legislation. Signatories may be added to a piece of legislation at any time prior to its final passage by the Senate. The Senate shall not amend the names of signatories without the consent of the primary sponsor(s) and those individual(s) or group(s) whose names are to be amended. Signatories shall be applicable only to policy-making resolutions.
(d) Special Rule Legislation. Senate Resolutions in the nature of Special Rules shall be introduced by the Committee on Rules. Such resolutions shall be submitted no later than noon the calendar day prior to the Senate meeting at which the special rule shall be considered. Such legislation shall bear no sponsor. All such legislation shall contain at least a paragraph of plain English describing completely and accurately the purpose and nature of the special rule.
(e) Fast Track of Legislation. A Senator may notify the Committee on rules of their desire that legislation receive only a second reading at the meeting of introduction. With the written concurrence of three members of the committee on rules, no later than noon the calendar day prior to the meeting at which the legislation is to be considered, a special rule shall be introduced. In the event there are not three installed members of the Committee on Rules, the concurrence of members-designate shall be considered equivalent to that of members, for the purposes of this rule. Additionally when written agreement of five Senators requesting fast-track has been submitted to the chair of the Committee on Rules no later than noon of the calendar day prior to when legislation is to be considered, a special rule shall be introduced, provided a Senator had previously requested that the Committee on Rules consider introducing a fast track by 5pm on the day of the Committee on Rules meeting prior to the Senate meeting at which legislation is to be considered and that the Committee on Rules did not introduce a Special Rule regarding the expedition of the bill. All such special rules introduced under part (e) of this rule shall only provide for the suspension of the requirement of the first reading and the point on the calendar at which the legislation shall be considered.
Rule 19. First Reading of Legislation, Fast-Tracking, and Referral to Committee.
(a) First Reading of legislation. At the appointed time, the President shall cause all legislation on the calendar for first reading to be read by title only, unless any Senator should ask for a full reading with the consent of one-fifth of those Senators present.
(b) Incidental motions. Immediately after first reading, the President shall recognize any Senator wishing to make an incidental motion relating to the pending legislation, including points of order and objections to consideration.
(c) Referral to Committee. At the appointed time, the President shall refer all legislation read for the first time to the committee he or she deems appropriate according to these Rules.
Rule 20. Second Reading of Legislation and Senate Consideration.
(a) Two reading rule. All legislation shall be read twice, and such readings shall occur at two different meetings except as provided elsewhere in these rules, unless provided otherwise by special rule.
(b) Placement on calendar for second reading. Legislation shall be placed on the calendar for second reading by the President once it is reported by the committee pursuant to Rule 12(b), for a meeting no more than four weeks following the committee’s authorization of the report.
(c) Procedure for second reading. At the appointed time, the President shall cause the first item of legislation on the calendar for second reading to be read by title only, unless any Senator should ask for a full reading with the consent of one-fifth of those Senators present. Following the reading of the item of legislation, the President shall recognize the author or authors of the committee report (if any) on the legislation for a period not to exceed five minutes, during which time the author or authors shall give a summary of the committee’s report. At the conclusion of the report, the President shall state the question on the adoption of the legislation, and the motion to object to its consideration shall be out of order. Once the Senate has disposed of the first item on the calendar, the President shall repeat this procedure for each other item on the calendar for second reading, in the order listed.
(d) Question period and consideration of legislation. After stating the question on the adoption of an item of legislation, the President shall then recognize the author of the legislation under consideration for a period not to exceed ten minutes, during which time the Senator may yield to other Senators for questions. It shall be out of order for any Senator to use such time for debate. All motions to amend legislation shall be written and shall be submitted to the Legislative Secretary at the time of their introduction. The President shall determine whether any amendment is in the nature of a substitute and therefore out of order.
Rule 21. Engrossment and Enrollment of Legislation.
(a) Engrossment of Bills and Resolutions. Within two class days of the adoption of a Bill or Resolution which must be submitted to the Student Body President, the President shall cause a copy of the Bill or Resolution, corrected by the Legislative Secretary, to be engrossed and submit an engrossed and signed copy of the Bill or Resolution to the Student Body President for his or her signature.
(b) Enrollment of legislation. Within two class days of the receipt of a Bill or Resolution signed by the Student Body President, or the adoption of a motion to override a veto by the Student Body President, or the expiration of the tenth class day following the submission of a Bill or Resolution to the Student Body President with no communication from him or her, or the adoption of legislation not requiring presentment to the Student Body President, the President shall cause such legislation to be enrolled and cause the distribution of the legislation necessary to achieve its purpose.
(a) President. The presiding officer of the Senate shall be the Student Senate President, as duly elected by the Student Body. The President shall be responsible for all Constitutionally prescribed duties, including forwarding all legislation requiring the Student Body President’s signature to him or her within two class days of its adoption by the Senate; calling all meetings of the Senate; appointing the Chairs of the Senate Standing Committees; coordinating the education of Senate members; and shall also be responsible for performing all other duties prescribed for him or her under these Rules.
(b) President Pro Tempore. The Senate shall elect from its membership a President Pro Tempore, who shall perform all duties of the President when he or she is unable to do so, serve as Chair of the Committee of the Whole Senate and as Chair of the Permanent Committee on Rules, and monitor and report to the Senate on the activities of the Faculty and Staff Senates.
(c) Secretary. The Senate shall elect from its membership a Secretary, who shall maintain the journal, voting records, and attendance records, and assist in distributing legislation to Senators and in preparing and distributing legislation considered by the Senate to the Student Body.
(d) Parliamentarian. The President shall appoint from the membership of the Senate a Parliamentarian, subject to the majority approval of the Senate, who shall advise the President and individual Senators on matters of Senate Procedure, the Student Body Statues, and the Student Body Constitution. The parliamentarian shall assist the Committee on Rules in the coordination of Senate procedural education.
(e) Sergeant-at-Arms. The Senate shall elect from its membership a Sergeant-at-Arms, who shall asssist the President in preserving order in the Senate Chamber during meetings; and at the request of the President or a simple majority of the Senate, explain expectations of order to visitors and Senators.
(f) Legislative Secretary. The Senate shall elect from its membership a Legislative Secretary, who shall maintain an accurate record of all legislation and amendments thereto. The Legislative Secretary shall be empowered, without the consent of the Senate, to make such corrections to legislation as are necessary to maintain proper spelling and grammar and the format determined by the President. He or she shall forward all records relating to a Senate meeting to the Secretary for inclusion in the journal within four (4) days of the meeting.
(g) Senate Webmaster. The President shall appoint from the membership of the Senate a Webmaster, subject to the majority approval of the Senate, who shall be responsible for the maintenance of the Student Senate website, consistent with SBS §3-8.
(h) Historian. The President shall appoint from the membership of the Senate a Historian, who shall keep an accurate record of the corrected journal and all legislation considered, and prepare the Student Government Yearbook, as specified by statute.
Rule 23. Election of Senate Officers
(a) Occurrence of Elections. Elections for Senate Officers shall occur as follows:
(b) Order of Elections. In the event of multiple nominations the election shall proceed in the order of the offices in §2-1, Rule 22.
(c) Nominations. The Chair shall call for nominations for the office to be elected. Any Senator may nominate another Senator, and nominations may be closed by a two-thirds vote of the Senate.
(d) Elections. Each nominee shall be allowed to speak for a period not to exceed ninety (90) seconds, in reverse the order of nomination, followed by a period of questions for all nominees simultaneously that will not exceed ten (10) minutes. Nominees shall be asked to leave the chamber prior to a period of debate, not to exceed ten (10) minutes. This period of debate shall be general and not divided among the nominees. No senators debate shall exceed one (1) minute. The nominees shall be requested to re-enter the room immediately before the chair puts the question to the Senate. The vote shall be conducted by an anonymous written ballot.
Rule 24. Confirmation of Appointments
(a) Presentation of Appointments. The appointing authority shall give notice to the Student Senate President of the intention to present an appointee to the Senate no later than 9 o’clock AM on the Monday prior to the Wednesday for which the meeting is scheduled. The Student Senate President shall place the appointee, with name and position of appointment, on the agenda for consideration at the aforementioned Wednesday meeting.
(b) Confirmation of Appointments. The appointee shall be allowed to speak for a period not to exceed ninety (90) seconds, followed by a period of questions for the appointee that will not exceed five (5) minutes. Appointees shall be escorted from the chamber prior to a period of debate, not to exceed five (5) minutes. No senators debate shall exceed one (1) minute.
(c) Administration of Oath. All confirmed appointees shall be administered the oath of office prior to the conclusion of the period of appointments.
Rule 25. Academic Delegations.
(a) Composition and Operation. There shall be a Student Senate Academic Delegation for each of the Recognized Schools and Colleges of SBS §2-3.4. All Senators elected or appointed to a Senate seat in a recognized school or college shall automatically be a member of school’s or college’s Academic Delegation. Senators not automatically a member of a delegation may be invited by the delegation to join its membership. Each delegation may set such other rules it sees fit, provided they are not in conflict with Student Body or Federal, State, or Local law.
(b) Officers. Each delegation shall be headed by the ranking member of the delegation, in terms of Senate seniority. If a delegation does not have a single ranking member, the delegation shall elect a chair from within its membership. The Ranking Member shall be empowered to designate a delegation chair, who shall execute the day-to-day operations of the delegation and be considered delegation head. Should the Ranking Member be a Standing Committee Chair or the President Pro Tempore, he or she shall be required to appoint a delegation chair. The delegation shall have discretion to designate other officers. No student not enrolled in the delegation’s college or school shall be considered ranking member or designated chair; except in the case that no member of a delegation is enrolled in the delegation’s college or school.
(c) Delegation meetings. All meetings shall be at the call of either the chair or ranking member. Meetings shall be announced to all members of the delegation at least forty-eight (48) hours, but need not be announced to the entire Senate. Delegations shall not be considered public bodies. Attendance shall be recorded and published publicly online, but shall not count towards Senate absence totals. Senators absent from delegation meetings because of required attendance at another Student Government body shall be recorded as absent and exempt.
(d) Delegation reports. Delegations may file a written report to the Student Senate, provided the delegation has met since the date of last report.
(e) College Councils. Each delegation shall be responsible for electing such Senate representatives as may be required by the delegation’s college council at a meeting functioning as a public body. At minimum, the delegation head shall designate a member to monitor the activities of the relevant college council. The delegation shall maintain records of the officers, meetings, and structure of its college council, and shall submit contact information into a central record for Student Government use.
Rule 26. Matters Regarding these Rules.
(a) Suspension and amendment of these Rules. The Senate may, by the consent of a two-thirds (2/3) majority, temporarily suspend or permanently amend one or more of the Rules of the Senate. However, no Rule may be suspended or amended which specifies otherwise, or derives its authority from any other portion of the Student Body Constitution or Statutes, or federal, state, or local law. No clause of these Rules dealing with the consideration of legislation may be suspended except by special rule
(b) Matters not covered by these Rules. All procedures not covered by these Rules shall be governed by Robert’s Rules of Order, Newly Revised, all procedures not covered there in shall be governed by the Rules of the House of Representatives with notes and annotations. In cases where a conflict arises, these Rules shall govern..
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§2-2.1. Definitions and Conventions. |
§2-2.19. Sanctions Generally. |
§2-2.1. Definitions and Conventions.
Within this article, the following definitions and conventions shall apply:
§2-2.2. Effective Date of Punitive Statutes.
No act shall be in order the Student Senate amending this article of statute that does not take effect on the adjournment sine die of the Senate session. No punitive resolution shall be in order in the Student Senate that specifies charges not in statute at the time of alleged infraction. Punitive resolutions that allege infractions in a past session, when otherwise permitted, shall be in order in the Student Senate only when specifying charges applicable under both the punitive statutes in effect the session of the punitive resolution and those in effect at the time of the alleged infraction.
Recognizing that the Student Body places a certain trust in all officials of the Student Body Government, it is necessary to maintain a process in which sanctions may be duly leveled against those who breech that trust.
§2-2.4. Scope of Punitive Powers.
The punitive powers of the Student Senate shall extend to all elected and appointed officials, including those in which these statutes do not require consent of the Senate on appointment, as further delineated by this article.
§2-2.5. Initiation of Punitive Process.
In all cases, the punitive process shall be initiated by the introduction of formal charges pursuant to SBS §§2-2.6.
Part I. Formal Charges
§2-2.6. Form of Formal Charges.
All formal charges shall be introduced into the Student Senate as Senate Resolutions containing a bill of charges, in a context appropriate to the official status of the accused official and the sanction sought. Such a Senate Resolution must clearly state the sanction sought against the official.
A bill of charges shall be a resolving clause listing each charge alleged against an official and the specifications thereto. Any bill of charges lacking clearly defined charges and sustainable specifications shall be out of order the Student Senate or any committee thereof.
§2-2.8. Context of Formal Charges.
The bill of charges shall be in the form of:
§2-2.9. Introduction of Formal Charges.
All Senate Resolutions containing formal charges shall be filed pursuant to Senate Rule with either:
§2-2.10. Retention of Sponsorship.
Throughout consideration, formal charges shall retain at least the same number of Senate sponsors as when introduced per SBS §2-2.9. Remaining sponsors shall be provided a reasonable amount of time, never to extend beyond the time of adoption, to replace lost sponsors.
§2-2.11. Notification of Charges.
As soon as practical following filing of a bill of charges, the Senate Sergeant-at-arms shall notify the accused official by written statement, which shall include the resolution in full, by either hand delivery or registered mail, return receipt. At no point shall the Committee on Government Operations issue a final report on the resolution or the Senate consider the resolution on second reading without notice having been given. At the determination of the Committee on Government Operations that the accused official has deliberately avoided notice for at least two (2) class weeks, notice may be given by publication.
§2-2.12. Charges Concerning the Student Senate President.
Should the Student Senate President be accused in any bill of charges, all Presidential duties affecting the involved Senate Resolution shall be discharged by the Student Senate President Pro Tempore.
All Senate Resolutions containing a bill of charges shall be referred to the Committee on Government Operations by the Senate President following first reading, notwithstanding points-of-order or dismissal by objection to consideration.
§2-2.14. Committee Consideration.
§2-2.15. Discharge of Committee Consideration.
In ordinary cases, it shall be the policy of the Student Senate to allow the Committee on Government Operations discretion on length of committee investigation on a bill of charges. Should it be deemed in interest of justice, the Senate may, following a two-thirds majority vote of the Senate, discharge a resolution with charges from committee, provided that least five (5) class weeks have elapsed since the date of referral.
§2-2.16. Second Reading of Censure or Rescission of Appointment.
Second reading of resolutions of censure or rescission of appointment shall proceed according to the Senate Rules, with the following exceptions:
§2-2.17. Second Reading of Impeachment.
Second reading of resolutions of impeachment shall proceed according to the Senate Rules, with the following exceptions:
The trial of an impeached Student Government Official shall occur on the date provided by SBS §2-2.17(b), or on a date not more than three (3) weeks hence, in the event the Senate President finds such would enable the impeached official to attend. Should an impeached official fail to attend, the trial shall be conducted in absentia. The procedure for the trial shall be as follows:
Part II. Sanctions.
No sanction shall be implemented not explicitly provided for by this article. Sanctions shall be listed in this article in order of increasing severity, and at no point shall a Senate Resolution under consideration by the Senate or a committee thereof be amended by replacing or supplementing a sanction with one of greater severity.
Censure shall be considered a major sanction, and shall be the strongest possible rebuke provided by this article.
§2-2.21. Suspension of Stipend.
Suspension of Stipend shall be considered a major sanction, but can only be invoked concurrently with censure.
Removal from Office shall be considered a major sanction, and shall only be invoked by conviction in an impeachment trial or enactment of a resolution of rescission of appointment. No removal from office shall carry with it a ban on future service.
Part III. Specific Charges.
As fair punitive process requires officials to be aware of clear conduct expectations, all resolutions containing formal charges shall only include charges explicitly defined by this article.
The charge of Abuse of Power shall apply to cases in which the execution of an official power has been in a manner inconsistent with its just purpose or fair use, to the detriment of the Student Body or the Student Government.
The charge of Neglect of Duty shall apply to cases in which an official willful failed to execute a specific duty to the best of his or her ability.
§2-2.26. Fraudulent Misrepresentation on Official Documents.
The charge of Fraudulent Misrepresentation on Official Documents shall apply to cases in which an official files an official document on false pretense or containing maliciously untrue information.
§2-2.27. Breach of Ethical Duty.
SBS §1-1.5 defines a pattern of ethical behavior for Student Government Officials. Realizing that in many cases the specific ethical provisions can be mutually exclusive or impractical to obtain to perfection, charges of Breach of Ethical Duty shall be limited to cases in which the breach is both substantial and willfully malicious.
§2-2.28. Improper Qualifications to Hold Office.
The charge of improper qualification to hold office shall apply to cases in which a Student Government official lacks one or more qualifications to hold the office in which they serve.
§§2-2.29. Reserved for future use.
Part IV. Miscellaneous Punitive Powers.
§2-2.32. Removal of Senators-Elect.
In the event that a qualified Senator-Elect has failed to take the oath of office after at least two regular meetings of the Student Senate, a Senate Resolution providing for the vacation the Senator-Elect’s seat shall be in order. Such a Resolution shall require a three-fourths (3/4) vote for adoption, and no motion to fast track or effectively fast track shall be in order.
Any Student Government Official failing to reasonably comply with good-faith oversight or investigative power exercised by a Senate Committee shall be guilty of contempt. On report of such charges by committee, and with the concurrence of the Senate, such matter shall be referred to the Judicial Affairs Office of the Student Judicial Boards for further adjudication.
Part V. Removal by Other Processes.
§2-2.34. Dismissal by Officer.
Student Government Officials empowered to make appointments shall generally have the authority to terminate said appointment. In case of appointments to public bodies, the appointing official may remove persons appointed to offices, but not ordinary memberships, within the public body, and shall leave the appointee on the public body whenever the membership structure allows it. This clause shall not preclude the removal of officials who hold ex-officio positions on public bodies. Furthermore, this clause shall not apply to members of the Student Senate or Student Judicial Boards.
All Student Government Officials shall be permitted to resign their office in writing. Such resignation shall be effective at the date and specified by the resignation, provided that it has been accepted by the officials’ public body, in the case of members of public bodies, by the Senate, in the case of Student Body Officers, or by the supervisory official, in all other cases.
Except as provided elsewhere in these statutes for discipline within agencies, the provisions of this article shall exclusively contain processes for termination of any Student Government Office.
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§2-3.1. Apportionment defined. |
§2-3.7. Selection of Senators. |
§2-3.1. Apportionment defined.
Within this Article, “apportionment” is the determination of the constituency that each Senate position shall represent.
§2-3.2. Rules of apportionment.
The Senate shall enact an apportionment no later than three (3) years from the date of the previous apportionment, subject to the following provisions:
§2-3.3. Effective Date of Reapportionment.
§2-3.4. Recognized Schools and Colleges.
For the purposes of this Article, the recognized Schools and Colleges of the University shall be:
§2-3.5. Current apportionment.
Each School and College, and class within the School or College, shall be represented by the following number of Senators:
§2-3.6. Graduate Apportionment Correction.
The Student Senate shall adopt an apportionment allocating seats to the Graduate School in proportion to their percentage FTE enrollment no later than February 18, 2004.
§2-3.7. Selection of Senators.
Senators shall be selected to represent the Schools and Colleges by (i) election or (ii) appointment by the President.
§2-3.8. Apportionment for Fall Election.
The following Senators shall be elected in the Fall General Election and shall not be considered for election in the Spring General Election:
§2-3.9. Elections Publicity Committee.
The Student Senate President shall appoint, no later than May 1st, at least 2 members to a Select Senate Committee on Fall Election Publicity. The committee shall be charged with fully publicizing both the filing and voting of the Fall General Election.
§2-3.10. Appointment by the President.
Should there be an insufficient number of Senators representing a School or College (SBS §2-3.5), the President shall appoint an eligible student (SBS §1-2) to represent said School or College as a Senator, to be approved by a simple majority of the Senate. Senators appointed in this way shall, if possible, be enrolled in the School or College they are appointed to represent.
Reports to the College Councils on membership shall be sent as follows: