GOVERNMENT BILL 79

 

A BILL TO BE ENTITLED

An Act to Adopt New Comprehensive Student Senate General Punitive Powers

 

WHEREAS,    the Student Body Constitution provides in Article II that the Student Senate shall Òtry all impeachments and suspend or remove from office by a three-fourths majority vote any elected or appointed official for malfeasance in office if:

1.     that individual has been elected by the student body or

2.     that individual has been approved by the Student Senate through a constitutionally specified majorityÓ; now, therefore be it

 

ENACTED,    by the North Carolina State University Student Senate that:

 

Section 1.       Chapter 2, Article 2 of the Student Body Statutes shall be struck, and the following inserted:

 

Article 2. Punitive Powers of the Senate.

 

¤2-2.1. Definitions and Conventions.

Within this article, the following definitions and conventions shall apply:

(a)    A ÒchargeÓ is an allegation that some specific regulation on official conduct, as listed within this article, has been violated by a Student Government Official.

(b)    A ÒspecificationÓ is an allegation of some action by a Student Government Official that supports a particular charge.

(c)    ÒEvidenceÓ is some form of testimony or document that supports or refutes an allegation made in a specification.

(d)    ÒContactingÓ an individual, when not defined otherwise, refers to either establishing two-way communication or sending notice in such a manner that an individual has a reasonable time to receive it and transmit a response.

(e)    All terms of adjudication refer to the punitive process, and not the student judicial process, unless otherwise specified.

 

¤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.

 

¤2-2.3. Punitive Process.

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.

 

¤2-2.7. Bills of Charges.

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:

(a)    a resolution of impeachment, in cases in which the removal from office is sought against a Senator, Student Body Officer, or member of the Judicial Branch;

(b)    a resolution of rescission of appointment, in cases in which the removal from office is sought against an appointed official not included in part (a); or

(c)    a resolution of censure, in cases in which a strong formal reprimand is sought against an official.

 

¤2-2.9. Introduction of Formal Charges.

All Senate Resolutions containing formal charges shall be filed pursuant to Senate Rule with either:

(a)    the sponsorship and signatures of five (5) Student Senators;

(b)    the sponsorship of a Student Senator and the signature of four (4) Judicial Board members, only in cases of accusations against the Student Chief Justice;

(c)    the sponsorship of a Student Senator and the signature of the Student Body Auditor, only in cases of accusations against the Treasurer, the Comptroller, or another official in the Department of the Treasury; or,

(d)    the sponsorship and signature of the Student Senate Secretary, in cases of excessive absences, upon instruction by the Committee on Government Operations, per SBS ¤2-1.2(e).

 

¤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.

 

¤2-2.13. First Reading.

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.

(a)    Within two (2) class weeks of referral, the Committee on Government Operations shall schedule a preliminary hearing on the bill of charges, at which time the accused official shall have the right to present an initial defense on the charges.

(b)    Should after the preliminary hearing the Committee on Government Operations believe that the bill of charges merits additional investigation, the Committee shall schedule one or more evidentiary hearings, at which the sponsors and the accused shall be permitted to present evidence supporting or refuting the specifications of the bill of charges.

(c)    At any point in its investigations on a bill of charges, the Committee on Government Operations shall be empowered to remove or reduce any specification, charge, or sanction contained therein.

(d)    At the conclusion of its investigations, the Committee on Government Operations shall issue a final report either dismissing the charges or recommending that the Senate consider them. In a report recommending Senate action, the Committee shall detail evidence supporting the specifications, justify the charges based on the specifications, and explain why the charges merit the ordered sanction.

 

¤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:

(a)    Following the presentation of the committee report of investigation and the sponsorsÕ clarification period, the accused official shall have no less than thirty minutes to present a defense, which may include testimony;

(b)    There shall be no less than thirty (30) minutes of debate, evenly divided into three (3) periods of alternating positive and negative debate; and

(c)    Adoption of a resolution of censure shall require a two-thirds vote, and adoption of a resolution of rescission of appointment shall require a three-fourths vote. No resolution of censure or rescission shall be subject to the veto of the Student Body President.

 

¤2-2.17. Second Reading of Impeachment.

Second reading of resolutions of impeachment shall proceed according to the Senate Rules, with the following exceptions:

(a)    Following the presentation of the committee report of investigation and rebuttal statement from the accused, each taking no more than ten (10) minutes, the senate shall proceed immediately into a thirty (30) minute period of debate, evenly divided into three (3) rounds of alternating positive and negative debate; and

(b)    Adoption of a resolution of impeachment shall require a two-thirds vote, and shall have the effect of indicting the official on the specified charges and scheduling a trial on the date specified by the resolution, or two (2) class weeks hence, whichever is later. No resolution of impeachment shall be subject to the veto of the Student Body President.

 

¤2-2.18. Impeachment Trial.

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:

(a)    The Chairman of the Government Operations Committee, or another author of the final report of the committee, shall first present a report of the evidence, including witness testimony, found during the investigation of the accused. The accused shall then respond to the charges and may call witnesses on his or her behalf. The Senate as a whole may question the accused or any witness that may be summoned.

(b)    Following the hearing of evidence, the accused shall then be asked to leave the Senate Hall, and the Senate shall enter into deliberations.

(c)    Senators shall have unlimited debating privileges during deliberations. When voting is completed, the meeting shall be opened and the President shall immediately announce the result of the vote before the Senate.

(d)    An impeached official shall only be convicted by a three-fourths (3/4) majority of the Senate.

 

Part II. Sanctions.

 

¤2-2.19. Sanctions Generally.

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.

 

¤2-2.20. Censure.

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.

 

¤2-2.22. Removal from Office.

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.

 

¤2-2.23. Charges Generally.

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.

 

¤2-2.24. Abuse of Power.

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.

 

¤2-2.25. Neglect of Duty.

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 breech 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 V. 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-ElectÕs 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.

 

¤2-2.33. Contempt.

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 VI. 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.

 

¤2-2.35. Resignation.

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 officialsÕ 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.

 

¤2-2.36. Exclusivity.

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.

 

Section 2.       Pursuant to Student Body Statutes ¤2-2.2. Effective Date of Punitive Statutes. this act shall become effective upon the adjournment sine die of the 2002-2003 Session of the Student Senate, provided that it is duly enrolled.

 

I hereby certify that this bill was read adopted in the North Carolina State University Student Senate, on the 9^th day of April 2003.

 

 

__________________________________________

Erich M. Fabricius

Student Senate President Pro Tempore

 

 

I hereby signify my approval of this bill as adopted by the North Carolina State University Student Senate, this _______ day of ____________, 2003.

 

 

__________________________________________

Michael D. Anthony

Student Body President