GB 33, Student Government Ethics Act
Referred to the Government Operations Committee by the Student Senate President
The Government Operations Committee reported the bill to Senate by consent, GO-05
Adopted by roll call vote (Adopted: 30-12-3; 14 absent (two-thirds present and voting required))
Adopted by roll call vote (Adopted: 38-9-1; 10 absent (two-thirds present and voting required))
Online Text
(as of 9-23-2007, as amended by Senate)
GOVERNMENT BILL 33
A BILL TO BE ENTITLED
AN ACT TO ESTABLISH NEEDED ACCOUNTABLITY STANDARDS RELATING TO STUDENT GOVERNMENT OFFICIALS
Short Title: Student Government Ethics Act (Public)
Sponsored by: Senator COMPTON (corresponding)
Signatories: Student Senate President DOUCETTE
First Reading: September 5, 2007 Version Date: September 23, 2007
(As Adopted by Senate)
Referred to: Government Operations .
WHEREAS, each year the Student Body Officers often receive a variety of gifts which are undisclosed to the Student Body they represent, including but not limited to dinners, rings, clothing and athletic tickets; and,
WHEREAS, such gifts may potentially influence the official actions of Student Body Officers, as well as create a perception of impropriety among the Student Body; and,
WHEREAS, students have called for a more accountable and transparent Student Government, and the Senate should respond by formalizing its ethics rules; 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 II, Sections 5(d) and 5(e) of the Student Body Constitution and Chapter 2, Rule 17(b)(3) of the Student Body Statutes.
Section 2. Chapter 1, ¤1-1.4 (ÒStudent Government Code of EthicsÓ) shall be stricken in its entirety pursuant to Section 3 below, and the section reserved for future use.
Section 3. Chapter 1 of the Student Body Statutes (ÒStudent GovernmentÓ) shall be amended by creating a new Article 5 as follows:
ÒArticle 5. Student Government Ethics Act.
¤1-5.1. Definitions and Conventions.
Within this article, the following definitions shall apply:
(a) A ÒStudent Government OfficialÓ is any student holding an elected or appointed position provided for by the Student Body Constitution or these Statutes, and not explicitly defined otherwise.
(b) A ÒgiftÓ is any good, benefit, discount, special service or privilege, or any other item of real or perceived value, monetary or otherwise.
¤1-5.2. Student Government Code of Ethics.
The responsibilities of a Student Government Official shall be to:
(a) answer the needs of his or her constituent body through an adherence to civic duty;
(b) continually enhance and encourage collegiality among all Student Government Officials;
(c) incorporate civic virtues and advocacy in serving the needs of NC State University and its surrounding community;
(d) encourage programs that benefit the entire University;
(e) lobby in an effective and ethical manner, incorporating issues that affect both the Student Body and the surrounding community;
(f) represent Student Government and NC State University in a beneficial and respectful manner;
(g) ensure that administrative decisions are in the best interest of the Student Body;
(h) actively avoid conflicts of interest;
(i) be informed of and attempt to remedy campus problems and controversies;
(j) represent the Student Body fairly and equally; and,
(k) dutifully uphold and preserve the Student Body Constitution.
¤1-5.3. Mandatory reporting of gifts.
(a) Any Student Government Official receiving a stipend or any other compensation provided by the Student Body funds shall be required to disclose any and all gifts received or awarded to him or her on account of the individualÕs position within the Student Government or resulting ex-officio membership in outside entities, including gifts from University and external sources.
(b) The Student Senate Standing Committee on Finance shall establish a standard form for the reporting of such gifts, which shall include, at minimum, the gift awarded or received, an approximate value thereof, and the contributorÕs or contributing organizationÕs name.
(c) Such reports shall be submitted to the Student Senate Standing Committee on Finance on a quarterly basis, and at such other times as the Senate may by Senate Resolution require.
(d) Non-disclosure of gifts received, or any effort to circumvent or otherwise not adhere to the provisions of this article, shall result in a temporary freeze of all compensation provided by the Student Body funds upon a majority vote of the Student Senate Standing Committee on Finance, or the permanent revocation of all such compensation upon a majority vote of the Student Senate.
¤1-5.4. Waiting period before seeking professional employment.
No Student Government Official shall seek professional staff employment within the Student Government until at least one academic year has intervened following that OfficialÕs departure from office.
¤1-5.5. Ethics in Leadership requirement.
No individual who has previously been impeached for dereliction of duty or other offenses shall be eligible to file as a candidate for any Student Body Officer position. This section shall apply in addition to any regulations on candidacy contained in Chapter 7 of the Student Body Statutes.
¤1-5.6. Commitment to Open Meetings.
In honoring the letter, spirit and intent of the Open Meeting requirement stipulated in Student Body Statutes Chapter 1, ¤1-1.6 (ÒOpen Meeting RequirementÓ), no Student Government Official shall espouse, promote, move or vote in favor of any motion or action that would violate the letter, spirit or intent of the North Carolina Open Meetings Law or the Student Body Statutes.
¤1-5.7. Waiver of provisions upon two-thirds vote of the Senate.
The Student Senate may waive provisions of this article on an individual basis upon the adoption of a two-thirds majority vote of a Senate Resolution to that effect. Each such Senate Resolution shall apply to at-most one (1) Student Government Official, and shall be in effect only until (i) the end of the quarter in which it is adopted for waivers of the gift reporting requirements, or (ii) the end of the legislative session for waivers of other provisions of this article.
Section 4. Chapter 2, Rule 8(d) shall be amended by striking ÒResolutions and finance related billsÓ in the last sentence and replacing with Òlegislation.Ó
Section 5. Enabling Legislation. The Student Senate Standing Committee on Finance shall be empowered to implement the relevant portions of this bill such that reports shall be filed no later than December 31, 2007 for gifts received on or before that date. This section shall not be construed as a limitation upon the implementation authority of the Executive Office of the Student Senate President, which is retained pursuant to Student Body Statutes ¤3-11.2.
Section 6. This act shall be effective upon enrollment.