GB 148, Punitive Modernization Act

Punitive Modernization Act

GB 148, 85th Session

Version Info:

4-3-2006, as initially introduced: HTML

Version Downloads (Senators only).

Basic Information:

Primary Sponsor(s):

Fabricius (Corresponding), Griggs, and Hutcherson

Secondary Sponsor(s):

Walton

Current Status:

Enrolled

Report(s):

None

Long Title:

AN ACT TO REVISE THE PUNITIVE POWERS TO PROVIDE A CONTINUED VIABLE MECHANISM FOR HOLDING OFFICIALS ACCOUNTABLE

Consideration History:

4-3-2006:

Filed for introduction

4-5-2006 Senate:

First Reading
Fast Tracked by consent
Adopted by consent

Online Text

(as of 4-3-2006, as initially introduced)

GOVERNMENT BILL 148

A BILL TO BE ENTITLED

An act to revise the Punitive Powers to Provide a Continued Viable Mechanism for holding officials accountable

Short Title: Punitive Modernization Act (Public)

Sponsored by: Senator Fabricius, Griggs, and Hutcheron; Senator Walton

First Reading: April 5, 2006 Version Date: April 2, 2005

Referred to: __________________________________________________________.

WHEREAS, concerns have arisen recently with a select few facets of the punitive process, which can be readily addressed by straightforward statutes; and,

WHEREAS, the Constitution provides that Constitutionally specified offices, including the Student Body Officers, the Student Senators, and the membership of the Judicial Board, can be removed via legislation for cause;

WHEREAS, minor statutory offices are not so protected, and a mechanism for vacating these offices without implications of wrongdoing allows better accountability and streamlined operations; now, therefore be it

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

Section 1. Student Body Statutes §2-2 shall be amended by inserting:

§2-2.5. Standard of Proof.

The Government Operations Committee shall report a bill of charges containing only specifications supported by a preponderance of the evidence.

Section 2. Student Body Statutes §2-2 shall be amended by inserting:

§2-2.13. Use of Special Investigation Committee.

A Special Investigation Committee shall be convened for a particular bill of charges to act in the place of Government Operations in the following cases:

(a) the bill of charges concerns the Student Senate President;

(b) a majority of the Government Operations Committee are sponsors of the bill of charges; or

(c) the Senate, by two-thirds majority vote, elects to use such a committee prior to the referral of the bill to committee.

§2-2.14. Selection of Special Investigation Committee.

A Special Investigation Committee shall have five (5) members, with a chair elected by and from the membership. The members of the committee shall be elected by the Senate, via cumulative voting as follows:

(a) Each Senator shall have a number of votes equal to the number of seats available to fill, and he or she may accumulate such votes upon one or more candidates;

(b) Votes shall be tabulated and the top voter-getters up to the seats available shall be elected. A run-off shall be conducted in case of a tie for the last seat.

Section 3. Student Body Statutes §2-2.14(a) shall be amended by adding:

At this preliminary hearing, the committee shall verify probable cause exists to continue the inquiry. The accused official shall have the right to seek and receive clarification to any charge or specification while at this hearing.

Section 4. Student Body Statutes §2-2.14 shall be amended by inserting:

(c) The committee shall attempt to have the accused official present for all hearings. All meetings must be announced forty-eight (48) hours in advance; the accused shall respond within eighteen (18) hours on if he or she can attend. The committee may the matter in absentia if the accused does not respond, or if the committee determines, by two-thirds vote, that the accused is deliberately missing meetings to frustrate the process.

Section 5. Student Body Statutes §2-2 shall be amended by inserting:

Part IV. Non-Punitive Dismissal.

§2-2.31. Eligibility for Non-Punitive Dismissal.

Non-punitive dismissal shall be reserved for appointed positions in the executive branch not provided directly for by the Student Body Constitution.

§2-2.32. Non-Punitive Dismissal Process.

Non-punitive dismissal may be exercised by the Senate without cause, and does not imply wrongdoing on the part of the dismissed official, only a desire of the Senate to re-fill the position. Non-punitive dismissal shall be effected by the adoption, via a two-thirds vote, of a Senate Resolution providing such dismissal. Prior to Senate vote on such resolution, the affected official shall be permitted to address a Senate committee on why he or she should retain his or her position.

Section 6. This act shall be effective upon the adjournment sine die of the 85th Session of the Student Senate, as required by SBS §2-2.2 for amendments to Article 2 of Chapter 2.

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