GOVERNMENT BILL 96

 

A BILL TO BE ENTITLED

An act to order a referendum on adopting a revised and clarified Student Body Constitution

 

 

WHEREAS,   while fundamentally sound, the Student Body Constitution contains numerous outdated or confusing provisions; and,

 

WHEREAS,   readopting most of the constitution provides an opportunity to permanently settle any disputes regarding what is the official wording; now, therefore be it

 

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

 

Section 1.        The Student Body Constitution through to Article IV shall be amended to read:

 

Student Body Constitution

 

We the students of North Carolina State University, desiring to preserve within the University an atmosphere of free discussion, inquiry, and self-expression, to insure the personal freedom and general welfare of the Student Body, and to continue in our tradition of responsible self-government, do hereby establish this constitution of the North Carolina State University Student Body.

 

FRANCHISE AND CITIZENSHIP

 

All students who are enrolled in the University and who have paid into the fees supporting the Student Body Government shall be entitled to vote in the Student Body Elections and to participate in Student Body Government.

 

Article I   EXECUTIVE

 

Student Body Officers

 

SECTION ONE – Authority The executive power of the Student Body shall be vested in the Student Body President, who shall have the assistance of the Student Senate President and the Student Body Treasurer.

 

SECTION TWO – Elections The Student Body Officers shall be elected for a one-year term by a majority of those voting in the Student Body Elections.  The Student Body Officers shall be chosen from the Student Body at large.  Each officer shall at the time of the election be a student in good standing, and be enrolled as a degree seeking student at the University.  Furthermore, the Student Body Officers must remain enrolled in the University, and also remain students in good standing for their entire term in office.  Requirements for Student Body Offices shall be listed in the Student Body Statutes.

 

SECTION THREE – Student Body President The Student Body President shall:

A.      be chief executive officer of the Student Body;

B.       represent the Student Body in dealings with the students of other universities, the faculty, and  the administration;

C.       appoint officers necessary for the operation of Student Body Government during Summer Sessions;

D.      enforce and administer all acts passed by the Student Senate;

E.       have the power to veto any Student Senate act within ten days of receipt from the Student Senate President;

F.       address the Student Senate at such times as they may invite him/her to do so or at such times as he/she may request the Senate President to let him do so, recommend that the Student Senate President present legislation, and present an annual report of the year's Student Government activities following the elections;

G.      call and preside at meetings of the Student Body;

H.      make appointments to fill vacated elective offices, unless otherwise specified in the Student Body Constitution or Student Body Statutes subject to the approval by a two-thirds majority of the Student Senate;

I.         serve as a voting member of Advisory Board to the President of the UNC System and as a voting member of the UNC Association of Student Governments.

 

SECTION FOUR – Student Senate President The Student Senate President shall:

A.      serve as presiding officer at all Student Senate meetings and serve as a ex-officio member of the Senate, non-voting except in the case of a tie vote;

B.       forward all legislation within two days of its passage to the Student Body President for his/her review;

C.       call all meetings of the Student Senate;

D.      assist the Student Body President in the performance of his/her duties;

E.       succeed to the Student Body Presidency in the event of the vacating of that office;

F.       exercise the powers of the Student Body President if he/she is prevented from exercising his/her powers;

G.      coordinate the activities of the Council System;

H.      appoint the Chairs of the Student Senate Standing Committees;

I.         coordinate the Student Senate retreat.

 

SECTION FIVE – Student Body Treasurer The Student Body Treasurer shall:

A.      be the chief financial officer of the Student Body;

B.       serve as a non-voting ex-officio member of the Senate;

C.       have the power to examine the financial records of any Student Government body that has the power to determine a budget of required University activities fees, or any organization that receives funds under Student Body Budget;

D.      serve as an ex-officio, non-voting, member of all Senate Financial Committees;

E.       serve as consultant for all Senate Finance bills;

F.       be responsible for all office coordination;

G.      prepare and submit to the Student Senate an annual Student Body Budget;

H.      approve all disbursements of Student Body funds;

I.         provide leadership to Student Government review of fees and tuition.

 

SECTION SIX – Student Body Comptroller The Student Body Comptroller shall:

A.      keep a record of all allocations and expenditures of Student Body funds;

B.       submit to the Student Senate, upon request, a written report of the state of the treasury;

C.       be responsible for all accounting work;

D.      serve as consultant for all bank dealings;

E.       serve as consultant for all Business Office affairs;

F.       be responsible for all receipts from organizations and clubs receiving funding from the Student Senate.

G.      serve as a non-voting ex-officio member of the Student Senate.

 

The Student Body Comptroller shall be appointed by the Student Body Treasurer subject to the approval of the Student Senate by a simple majority vote.

 

The Executive Cabinet

 

SECTION EIGHT – Cabinet Composition The Executive Cabinet shall consist of the Student Body President, the Student Senate President, the Student Body Treasurer, and such other officials as established in the Student Body Statutes.

 

SECTION NINE – Cabinet Powers and Duties The Executive Cabinet shall:

A.      advise the Student Body President on any matters of student policy or on any student programs and services;

B.       provide coordination and communication amongst executive units as established in the Student Body Statutes.

 

SECTION TEN – Cabinet Officers The presiding officer shall be the Student Body President.

 

Student Body Commissions

 

SECTION ELEVEN – Commission Composition Each Commission shall be administered by a Chairman and such other personnel as authorized by Executive Order or in the Student Body Statutes.  All commission members shall be appointed by the Student Body President, unless provided otherwise in the Student Body Statutes.

 

SECTION TWELVE – Commission Powers and Duties Each Student Body Commission shall:

A.      initiate surveys and hearings on student problems within its jurisdiction;

B.       Prepare reports for the Student Senate or the Student Body President and the Student Senate President.

 

Lines of Succession

 

SECTION THIRTEEN If the Student Body President is removed or leaves office for any reason he/she shall be replaced by the Student Senate President.

 

SECTION FOURTEEN If the Student Senate President is removed or leaves office for any reason he/she shall be replaced by the Student Senate President Pro Tempore.

 

SECTION FIFTEEN If the Student Body Treasurer is removed or leaves office for any reason he/she shall be replaced on an acting basis by the Chair of the Finance Committee.  However, a special election shall be held thirty (30) days after the vacation of this position to elect a new Student Body Treasurer, unless the spring election falls within this thirty (30) day period.

 

Article II   LEGISLATIVE

 

The Student Senate

 

SECTION ONE – Student Senate The supreme legislative power for the Student Body shall be vested in the Student Senate.

 

SECTION TWO – Student Senate Composition The Student Senate shall be composed of fifty-eight to sixty-four Senators who shall represent each of the schools and colleges of the University and special students.  All senators shall, at time of their election, be a student in the University in good standing.  Further, Senators must remain enrolled students in the University and in good standing for their entire term.  Every senator elected by a School Student Body shall at the time of his/her election be enrolled in that School or College.

 

SECTION THREE – Student Senate Apportionment Senators shall be apportioned among the schools, colleges, and recognized programs according to percentage of enrollment, as specified in the Student Body Statutes.

 

SECTION FOUR – Student Senate Vacancies Vacancies created by the resignation or removal of a duly elected senator shall be filled by an alternate, who shall be the nominee with the next highest total vote count in the previous election.  If all such qualified alternates successively vacate this seat, the Student Senate President shall appoint, if possible, a new alternate from the same School or College.

 

SECTION FIVE – Student Senate Powers and Duties The Student Senate shall:

A.      accredit its own membership;

B.       establish its own meeting times;

C.       establish its own rules of procedure which shall be included in the Student Body Statutes;

D.      enact all legislation necessary and proper to promote the general welfare of the Student Body, and to govern student election;

E.       enact by a two-thirds majority vote the Student Body Statutes;

F.       provide for the compilation and publication of Student Body Documents in order that the Student Body may be informed;

G.      approve an Annual Student Body Budget for the Student Body funds;

H.      allocate Student Body funds;

1.        to agencies of Student Body Government;

2.        to such co-curricular activities registered with the university as it shall deem compatible with the general welfare of the Student Body, provided that all funds appropriated for use but not expended during a given year shall remain in the Student  Body Funds;

I.         confirm or reject appointments of the Student Body President, by a two-thirds vote in the case of appointments to fill vacated elective offices, and by a majority vote for all other regular appointments except such minor appointments as the Student Senate shall deem proper not to require approval;

J.        override a presidential veto by a two-thirds vote

K.      try 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 majority;

L.       elect from the senators, at the beginning of each annual session and at whatever other times the office shall be vacant, a Student Senate President Pro Tempore, who shall preside over the Senate whenever the Student Senate President is unable to do so, and who shall succeed to that office if it becomes vacant;

 

SECTION SIX – Student Senate Officers The Student Senate President shall be the presiding officer of the Senate.  The Student Senate shall select from its membership such other officers as may be necessary for its successful operation.

 

SECTION SEVEN – Student Senate Standing Committees The concerns of the Student Senate shall be investigated and legislation shall be formulated by the Student Senate Standing Committees.  The specific area of concern and the specific duties of each Standing Committee shall be as chartered in the Student Body Statutes.  Special and Ad Hoc Committees shall be formed by the Student Senate in the event that a matter of concern is not within the jurisdiction of the Standing Committees.

 

The School and College Councils

 

SECTION EIGHT – School Councils Each of the several schools of the University shall form Student Government organizations known as School or College Councils.  Every School and College Council shall select representatives according to the guidelines drafted by the particular School Council.  Each department in the school shall have the right to send student representatives to the school council if they so desire.  The number of representatives from each department shall be left to the discretion of the School or College Council.

 

Each School Council shall establish a separate constitution which does not conflict with any part of this Constitution.  Each School and College Council's constitution and subsequent amendments to that constitution must be ratified by two-thirds of the vote in a referendum of the School or College's enfranchised students.

 

SECTION NINE – School and College Councils Powers and Duties The School and College Councils shall:

A.      determine policies within their Schools or Colleges, provided that such policies do not conflict with this constitution or with the policies and programs determined by the Student Senate;

B.       determine and approve an annual budget of the respective School's or College's activities fees;

C.       consider such matters concerning the Student Senate as they deem appropriate;

D.      bring any matters before the Student Senate through the senators from their School or College.

 

Article III   JUDICIAL

 

The Student Judicial Branch

 

SECTION ONE – Judicial Governance. Inherent authority for student conduct lies with the university administration, as governed by the Code of Student Conduct. The student judicial system is also considered student self-governed, to the extent that this article is in force.

 

SECTION TWO – Judicial Board Role The Student Judicial Board shall adjudicate such cases of alleged student misconduct and other matters as authorized and required under university policy,

 

SECTION THREE – Rights of the Respondent No respondent student shall be denied the right:

A.      to presumption of innocence until proven guilty as charged, with clear and convincing evidence;

B.       to due notice of the charge and reasonable time to prepare an adequate defense;

C.       to face and examine his/her complainant and any witnesses against him/her;

D.      to present any testimony or witnesses in his/her defense;

E.       to receive assistance from a student or a faculty member of his/her choice, or to receive assistance from a Judicial Assistant in preparing for a board hearing;

F.       to appeal any hearing as provided by university policy.

 

SECTION FOUR – Judicial Board System The Judicial Board System shall be composed of the Judicial Board Members, the Judicial Assistants, the Judicial Executive Assistant, and the Student Body Chief Justice.

 

SECTION FIVE -- Judicial Board Members No member of the Student Judicial Board may be a Student Body Officer or Student Senator.  Members of the Student Judicial Board shall be selected through a process provided by the Code of Student Conduct.

 

SECTION SIX – Judicial Assistants There shall be several student Judicial Assistants, qualified as members of the Judicial Board, appointed by the Student Body Chief Justice, subject to such Senate confirmation as required in the Student Body Statutes. Judicial Assistants shall have such responsibilities as defined in university policy and the Student Body Statutes, not in conflict with those policies.

 

SECTION SEVEN – Judicial Executive Assistant There shall be a Judicial Executive Assistant, who shall be appointed by the Student Body Chief Justice subject the confirmation of the Student Senate. The Judicial Executive Assistant shall fulfill the general role of a Judicial Assistant, in addition to assisting the Chief Justice with the leadership of the Judicial Board.

 

Student Body Chief Justice

 

SECTION EIGHT – Student Body Chief Justice The Student Body Chief Justice shall be elected by the Student Body at-large, and is considered a Student Body Officer. Candidates for election as Student Body Chief Justice must have served as a Judicial Assistant and as a Judicial Board member.  If no student meets these qualifications, then any sitting member of the Judicial Board will become eligible.

 

SECTION NINE -- Power And Duties The Student Body Chief Justice shall:

A.      be responsible for the operation of the Student Judicial Board;

B.       effect liaison between the Student Senate, the Office of Student Conduct, and the Executive Cabinet;

C.       assist the Student Body President in the performance of his/her duties;

D.      serve as presiding officer of Judicial Board proceedings;

E.       assist in selection of all Judicial Board members;

F.       perform additional duties as required in the Code of Student Conduct and the Student Body Statutes.

 

SECTION TEN -- Line Of Succession If the Student Body Chief Justice is removed or leaves for any reason he/she shall be replaced on an acting basis by the Judicial Executive Assistant.  However, a special election shall be held thirty (30) days after the vacation of this position to elect a new Chief Justice unless the spring election date falls within this thirty (30) day period.

 

Section 2.        Upon enrollment, this act shall be presented to the Student Body in the form of a referendum. This act shall become effective upon approval of two-thirds of those voting in the said referendum.