GOVERNMENT BILL 92

 

A BILL TO BE ENTITLED

An act TO AUTHORIZE A REFERENDUM on AMENDING THE

student body constitution to PROVIDE FOR A MORE ACCOUNTABLE STUDENT GOVERNMENT

 

Short Title:  SG Accountability Referendum                                                                  (Public)

Sponsored by:  Senator DOUCETTE (corresponding), CUNNINGHAM

First Reading:  February 28, 2007                                       Version Date:  February 27, 2007

Referred to: __________________________________________________________.

 

WHEREAS,   the Student Body by an overwhelming majority adopted a referendum on the Student Body Constitution in Spring 2006; and,

 

WHEREAS,   this referendum was allegedly "nullified" by University administration for its allowance of part-time students to serve in Student Government office; and,

 

WHEREAS,   following this nullification, a Constitution Review Task Force was established to review the entirety of the Constitution and suggest improvements for the Spring 2007 ballot; and,

 

WHEREAS,   this task force has categorically failed to meet its objectives, having held only a handful of meetings during the summer and producing only 1 tangible suggestion; and,

 

WHEREAS,   the Student Body should have the opportunity to make its voice heard on prospective changes that would make Student Government more accountable to its constituents; now, therefore be it

 

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

 

Section 1.        Statutory Authority. This bill is adopted pursuant to the provisions of Article VII of the Student Body Constitution, and Chapter 2, Rule 17(b)(3) of the Student Body Statutes.

 

Section 2.        The Student Body Constitution shall be amended by striking it in its entirety and replacing it with the following:

 

The 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

STUDENT BODY OFFICERS

 

SECTION ONE -- Authority.  General oversight of the day-to-day operations of the Student Government shall be vested in the four (4) Student Body Officers:  the Student Body President, the Student Senate President, the Student Body Treasurer and the Student Body Chief Justice.

 

SECTION TWO -- Elections.  The Student Body Officers shall be elected for a one-year term by a majority of those students voting in the Student Body Elections.  The Student Body Officers shall be chosen from the Student Body at large.

 

SECTION THREE -- Eligibility for Office.  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, Student Body Officers must remain enrolled in the University and also remain students in good standing for their entire term in office.  In addition, candidates must meet the following requirements:

1.     Student Senate President:  served at least a majority of the scheduled Senate meetings in any given year by the close of the candidate filing period.

2.     Student Body Treasurer:  served at least a majority of the scheduled Senate meetings in any given year by the close of the candidate filing period, or served as a department level official in the Department of the Treasury.

3.     Student Body Chief Justice:  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 is eligible.

 

Additional requirements for Student Body Office, if any, shall be specified in the Student Body Statutes.

 

SECTION FOUR -- Student Body President.  The Student Body President shall:

1.     be chief executive officer of the Student Body;

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

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

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

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

6.     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/her 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;

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

8.     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;

9.     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 FIVE -- Student Senate President.  The Student Senate President shall:

1.     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;

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

3.     call all meetings of the Student Senate;

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

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

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

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

8.     coordinate the Student Senate retreat;

9.     serve as a voting member of the UNC Association of Student Governments.

 

SECTION SIX -- Student Body Treasurer.  The Student Body Treasurer shall:

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

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

3.     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 the Student Body Budget;

4.     serve as an ex-officio, non-voting, member of all Senate financial committees;

5.     serve as consultant for all Senate Finance bills;

6.     be responsible for all office coordination;

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

8.     approve all disbursements of Student Body funds;

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

 

SECTION SEVEN -- Student Body Chief Justice.  The Student Body Chief Justice shall:

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

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

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

4.     serve as presiding officer of Judicial Board proceedings;

5.     assist in selection of all Judicial Board members;

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

 

SECTION EIGHT -- Lines of Succession.

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

2.     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.

3.     If the Student Body Treasurer is removed or leaves office for any reason he/she shall be replaced on an acting basis by the Chairman of the Senate 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.

4.     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.

 

Article II

LEGISLATIVE BRANCH

 

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 sixty-four (64) Senators who shall represent each of the recognized colleges and classes of the University.  Every senator elected by a given constituency shall at the time of his/her election be a member of that constituency.  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. 

 

SECTION THREE -- Student Senate Apportionment.  Senators shall be apportioned among the recognized colleges and classes according to percentage of enrollment as specified in the Student Body Statutes, provided that (a) no less than 15% of the Senate shall be apportioned to first-year undergraduate students, (b) no more than 7.5% of the Senate shall be apportioned to graduate students, and (c) each recognized college and class shall elect at least two (2) Senators.

 

SECTION FOUR -- Student Senate Vacancies.  Vacancies created by the resignation or removal of a duly elected senator shall be filled by appointment of the Student Senate President.  The Student Senate President shall, if possible, appoint a new Senator from the same constituency.

 

 

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

1.     accredit its own membership;

2.     establish its own meeting times;

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

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

5.     enact by a majority vote the Student Body Statutes;

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

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

8.     allocate Student Body funds:

a.      to agencies of Student Government;

b.     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;

9.     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;

10.  override a presidential veto by a two-thirds vote, either upon receipt of such a veto or preemptively upon the inclusion of proper language in the affected legislation;

11.  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:

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

b.     that individual has been approved by the Student Senate through a constitutionally specified majority;

12.  elect from the senators, at the beginning of each annual session and at whatever other times the office shall be vacant or is ordered by Statute, 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 elect 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, ad hoc and other such 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.

 

 

Article III

EXECUTIVE BRANCH AND TREASURY

 

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 -- Executive Cabinet.  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 THREE -- Cabinet Powers and Duties.  The Executive Cabinet shall:

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

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

 

SECTION FOUR -- Cabinet Officers.  The presiding officer shall be the Student Body President.

 

SECTION FIVE -- Student Body Commissions.  All Student Body Commissions shall be administered by a Chairman and such other personnel as authorized by the Executive Order establishing the Commission 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 SIX -- Commission Powers and Duties.  Each Student Body Commission shall:

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

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

 

SECTION SEVEN -- Student Body Comptroller.  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 Student Body Comptroller shall:

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

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

3.     be responsible for all accounting work;

4.     serve as consultant for all bank dealings;

5.     serve as consultant for all Business Office affairs;

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

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

 

 

Article  IV

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 -- Student 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:

1.     to presumption of innocence until proven guilty as charged, beyond a reasonable doubt;

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

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

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

5.     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;

6.     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 to 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.

 

SECTION EIGHT -- Additional Authority and Functions.  The Judicial Branch shall have such additional authority and functions as the Senate may by statute prescribe including, but not limited to, the ability to interpret and provide advisory opinions pertaining to the Student Body Documents and any regulations, rulings or actions of any Student Government body.  All such opinions shall be documented and retained for future reference.

 

Article V

RECALL FROM OFFICE

 

To preserve the sovereignty of the Student Body and ensure students' proper representation by the Student Government, any elected or appointed Student Government official or member may be recalled from any office for any reason.

 

Such a recall shall be initiated upon the receipt of a verified petition signed by a percentage of duly enfranchised students as specified by statute; provided, however, that in no case shall such a petition be signed by a number of students fewer than two-thirds of those voters casting ballots in the most recent Spring General Election.  Further, in such cases where a subsequent election is scheduled to fill a vacancy, no statute or regulation shall prohibit the recalled official from participating as a candidate.

 

Article VI

STUDENT BODY STATUTES

 

The Student Body Statutes shall be the by-laws of the Constitution and shall require passage by a majority vote of the Student Senate.

 

Article VII

AMENDMENTS TO THE STUDENT BODY CONSTITUTION

 

All amendments to this Student Body Constitution shall require a two-thirds majority vote of those students voting in a Student Body Referendum following:

1. a two-thirds majority vote of the Student Senate, or

2. a petition signed by five percent of all University enfranchised students

 

 

 

 

Section 3.        This act shall be exempt from the timeline requirement specified in Student Body Statutes §7-5.2(a).

 

Section 4.        Upon enrollment, this act shall be presented to the Student Body in the form of a referendum on the next available election ballot with a descriptive paragraph submitted by the corresponding sponsor.  This act shall become effective upon approval of two-thirds of those students voting in the referendum.