BY-LAWS OF THE STUDENT GOVERNMENT ASSOCIATION
As amended effective August 31, 2008
As amended effective May 1, 2010
As amended effective January 1, 2012
As amended effective November 12, 2013
TITLE I: SUNSHINE REGULATIONS CHAPTER 101 OPEN MEETINGS
101.1 Any and all meetings of the Student Senate and SGA Boards, with or without a quorum present, shall be open to the University community except discussions that involve the appointment, discipline or dismissal of an individual, but the following requirements shall be met as a condition for conducting such closed discussions:
(a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in closed session and the reason for the closed discussion. (b) Closed sessions may be held only after a motion is made and carried by a two-thirds (2/3) vote in open, public session.
(c) No final action may be taken at a closed session. (d) No matters may be discussed at a closed session other than those publicly announced prior to the beginning of the closed session. (e) Actions taken in violation of this Chapter shall be null and void.
101.2 The Senate, SGA Boards and Senate Committees shall provide public notice of all their meetings and upon written request provide the news media with a schedule of meetings and notifications of special meetings.
101.3 A Senate Committee shall hold closed sessions only with explicit and specific authorization from the Senate. The Senate shall be told the reasons closed sessions are requested. The Senate authorization shall be limited to specific conditions and circumstances.
TITLE II: SGA RULES OF ORDER CHAPTER 201 PARLIAMENTARY AUTHORITY
201.1 Rules of Order not governed by the Constitution or these By-Laws shall be governed by Robert’s Rules of Order Newly Revised, current edition.
CHAPTER 202 SPECIAL RULES
The Senate shall have the following special rules, which may not be suspended unless expressly noted:
202.1 Absentee voting shall not be permitted.
202.2 In the absence of a quorum, one-fifth (1/5) of the total voting Senators may issue a call of the house. This requires that all absent members either return to the meeting or provide a legitimate excuse for their absence to the Officers of the Senate. Failure to do so may result in a removal hearing through Development Board, although a single infraction shall not be deemed sufficient to remove a Senator in the absence of other evidence.
202.3 During an election or a vote on appointment, a secret ballot vote shall be held upon demand of two Senators and make note of the Senators present and absent.
202.4 The presiding officer having taken the chair shall call the roll of Senators and make note of the Senators present and absent.
202.5 The proceedings of the Senate shall be accurately stated in the minutes. Titles of bills, resolutions, and every vote shall be included.
202.6 The roll call vote may be ordered by any senator present, except votes on appointments and elections.
202.7 When a roll call vote is ordered, the presiding officer or his or her designee shall call the name of each Senator individually. Abstentions shall not be counted as either affirmative or negative.
202.8 When a Senator desires to speak, he or she shall address the presiding officer, and shall not proceed until he or she is recognized. No Senator shall interrupt another in debate without his consent, except where a motion is in order. To obtain this consent he or she shall first address the presiding officer.
202.9 Any motion or amendment to legislation exceeding twenty-five (25) words or five (5) sentences shall be made available to Senators before being voted upon.
202.10 The Senate's regular meeting time and schedule shall be drafted by the Senate Speaker and approved by majority of the total voting membership of the Senate at the Fall senate retreat before the regular Senate session.
202.11 “Resolution” shall be defined as a written motion. Resolutions shall be voted on by the Student Senate.
202.12 “Act” shall be defined as any document ratified by the Student Senate that is not a resolution, a budget, a council or RSO Constitution, amendments to the SGA Constitution or By- Laws, an appointment, rules of order for the Senate, an action invoking power granted to the Senate by the Constitution or By-Laws, or related to the removal of a member of SGA from office.
202.13 “Bill” shall be defined as any set of acts or resolutions that all relate. Bills can be passed as a whole, or, by vote of the Student Senate can be broken up into individual parts to be voted upon.
202.14 “Legislation” shall be the non-specific noun for any act, resolution, bill, or combination thereof either prior to or after passage.
202.15 The preliminary agenda for any Senate meeting shall be drafted by the Senate Speaker and approved by the Senate at the beginning of the meeting. The Senate Speaker shall be responsible for distributing this agenda to the Senators at least thirty-six (36) hours prior to when the Senate meeting is called to order.
202.16 In order for any new business to appear on the preliminary agenda, it must be submitted to the Senate Speaker, Senate Historian and EVP at least forty-eight (48) hours prior to when the Senate meeting is called to order. An electronic version of documents relating to the new business will then be distributed among Senators no later than thirty-six (36) hours prior to when the Senate meeting is called to order.
202.17 New business submitted less than forty-eight (48) hours prior to when the Senate meeting is called to order will require amending the orders of the day. Additionally, producing and distributing copies of documents related to any new business not submitted to the Senate Speaker, Senate Historian, and EVP within the prescribed time shall be the responsibility of the author. The author may electronically distribute a copy of the documents more than thirty-six (36) hours before the meeting, but after that time limit a physical copy must be produced for each Senator at the next meeting.
202.18 Any resolution or act proposed to the Student Senate shall have a first reading. It shall be submitted to the appropriate committee for review. After review, the resolution shall return to the Senate for a second reading. Before discussion of the resolution, the committee will render its opinion to the Student Senate regarding whether or not it recommends passage of the resolution, along with any amendments drafted by the committee, friendly or otherwise. A motion to discharge the committee may be made to prevent it from rendering its opinion on the resolution. If the resolution originates within a committee, it shall move to second reading upon submission to the Senate. This rule may be suspended by 2/3 vote.
202.19 The Executive Branch shall have the ability to veto any resolution, act, or bill passed by the Student Senate. Veto requires unanimous agreement among all Executive Officers. If the Executive Cabinet issues a veto, an explanation of that veto must be delivered by the SGA President in his report during the next regularly-scheduled Senate meeting.
202.20 The SGA President must sign any resolution, act, or bill passed by the Student Senate before it can go into effect.
202.21 Within 10 days of passage in the Senate, the SGA Executive Branch shall either issue a veto or sign the legislation. If neither of these actions occurs within that period, the legislation automatically goes into effect.
202.22 The Student Senate may overturn a veto by a three-fourths (3/4) majority vote.
CHAPTER 203 BOARD AND COMMITTEE RULES
203.1 SGA Boards and committees shall follow the rules of order of the Senate in so far as they are applicable and consistent with this chapter.
203.2 Each SGA Board and committees shall meet at least once a month in person during the fall and spring semester, as business necessitates.
203.3 Upon petition of three (3) members of a board or committee, the chairperson must call a special meeting.
203.4 One-half (1/2) of the members (excluding vacancies) of the board shall constitute a quorum to do business, but a lesser number may take emergency action on behalf of the board pending approval by a majority of the membership of the board at its next meeting or electronically and may submit recommendations to the Student Senate, provided that the absence of a quorum is clearly indicated in the submission.
203.5 Any member of a board absent from two (2) meetings of the board without excuse satisfactory to that board shall automatically forfeit his position on the board, and his seat shall be declared vacant subject to Development Board approval.
203.6 Policies and Guidelines (a) All boards and committees of the Student Government Association shall have the power to create policies and guidelines necessary for the pursuit of their duties.
1. Such policies and guidelines shall not require a vote of the Senate to be enacted. 2. Such policies and guidelines shall be void if found to conflict with the SGA Constitution or By-Laws.
(b) Policies and guidelines which have the effect of creating new criterion for eligibility of recognition, funding, etc., and whose creation is not explicitly provided for in the SGA Constitution or By- Laws shall be submitted as an amendment to these documents as described in the SGA Constitution. (c) Policies and guidelines which have the effect of amending the duties of boards or committees as defined in the SGA Constitution or By-Laws shall be submitted as an amendment to these documents as described in the SGA Constitution. (d) The Student Senate shall reserve the right to instruct or correct its boards and committees in their actions.
1. The Student Senate shall have the authority to review, revise, and or revoke any policy or guideline of its boards and committees. 2. The Student Senate shall have the authority to advise or direct its boards and committees in the creation of their policies and guidelines.
TITLE III: BOARDS AND COMMITTEES CHAPTER 300 ESTABLISHMENT
300.1 The Student Government Association shall have the following boards: Executive Board, Student Organizations Advisory Board, Academic Policy Board, Student Activities Board, and Development Board. The Student Senate shall create committees that fit their stated goals and purposes for any particular academic year; this process shall be governed by the procedures set forth in Chapter 300.8.
300.2 SGA Boards and committees shall be governed by Chapter 203 of the SGA By-Laws and by any other rules and procedures, consistent with Chapter 203 of the SGA By-Laws, as established by the Student Senate.
300.3 The Executive Board
(a) The voting membership of the SGA Executive Board shall be composed of each academic unit’s Council President and the Senate Speaker. The SGA President and Vice Presidents shall be ex-officio non-voting members. (b) The Chairperson of the Board shall be the Executive Vice President of the SGA. (c) The Board may review all pending legislation submitted in accordance with Section 202.11 and 202.12 of the SGA By-Laws. If a majority of the Board recommends a course of action, the Board’s recommendation shall be presented to the Senate at the time the proposed legislation is introduced. (d) The Board shall be empowered to take emergency actions otherwise under Student Senate jurisdiction when the Senate cannot be called into session; however, such action shall be negated effective at the next Senate meeting if the Senate fails to ratify the action by majority vote. (e) The Board shall receive all recommendations or suggestions for changes in the SGA Constitution and By-Laws. The Board shall prepare recommendations concerning proposed amendments and submit their recommendations on these amendments to the Student Senate. The submission will constitute the first reading on the proposed amendments. If the Board fails to act on a proposal after two (2) regular meetings or thirty (30) days, whichever is less, it shall be sent to the Senate. (f) The Board shall study and make recommendations on matters referred to it by the Student Senate. (g) The Board shall periodically ask the Executive Cabinet Officers, SGA staff members, SGA officers, and any unit of the SGA for an accounting of activities at the Board’s discretion. This accounting shall be submitted to the Development Board for review.
(h) The Board shall recommend Senators for placement upon SGA Boards and Committees for confirmation by the Student Senate.
300.4 The Academic Policy Board (a) The SGA Academic Policy Board shall be composed of the Academic Vice President and a Senator or Student selected from each of the recognized school Student Councils, nominated by the Executive Board and confirmed by the Senate. The SGA President shall be a non-voting ex officio member. (b) The Chairman of the Board shall be the SGA Academic Vice President. (c) The Academic Vice President shall seek the advice of the Board on his or her initiatives.
(d) The Board shall study and make recommendations to the Student Senate concerning student faculty relations, faculty evaluation, student academic life, the University Libraries, and academic policy regulations. (e) The Board shall study and make recommendations to the Student Senate concerning proposed changes in The Redbook.
(f) The Board shall act as a forum for exchange of ideas and provide coordination of activities concerning academic affairs among Student Councils.
300.5 The Development Board (a) Purpose: A Development Board shall be formed to evaluate the progress and direction of the SGA, including the performance of all boards, officers, and employees of the SGA. The Development Board will create means to hold members of SGA accountable for poor performance and reward members of the SGA for good performance. The Development Board shall have authority to request information or call an individual before the board for information. (b) Composition: One senator from each council represented in the Student Senate may be nominated by the Executive Board and confirmed by the Student Senate to serve on the Development Board. (c) The Senate Speaker will call the first meeting of the Development Board and oversee the election of the Chair.
300.6 The Student Organizations Advisory Board
(a) The SGA Student Organizations Advisory Board, hereinafter referred to as the SOB, will be composed of five (5) students nominated by the Executive Board and confirmed by the Student Senate, with no more than two (2) elected from the same academic unit for a term beginning from the date of installation of the Student Senate, continuing through the installation of the next Student Senate.
(b) The Chairman of the SOB will be selected by a majority vote of the members of the SOB prior to the first item of business of the Board. The Chairman shall serve until the final Senate meeting of the spring semester. If the Chairman resigns or is removed from office, the members of the SOB will elect a Chairman to serve the remaining term of office by a majority vote.
(c) Any committee member absent from two (2) consecutive meetings of the committee without excuse satisfactory to the committee shall automatically forfeit his position on the committee, and the seat shall be declared vacant subject to appeal of the Senate. The Student Senate shall select a replacement for this member at the next Senate meeting using the procedures outlined in the SGA By-Laws 300.3h and 300.4a.
(d) The SOB will review constitutions of student organizations according to guidelines established in these By-Laws, and in each case will submit a recommendation to the Student Senate concerning chartering as a Recognized Student Organization, hereinafter referred to as an RSO.
(e) An RSO may ask to have its status withdrawn. In such a case the RSO's status will be Suspended.
(f) "Attendance" will be defined as being present, signing an attendance roster, and submitting an updated RSO Information Sheet.
(g) "Probation" will be defined as a period not exceeding one (1) semester in which an RSO loses its right to petition to the Student Senate for funds and the right to reserve rooms or property administered by the SAC Administration.
(h) "Suspension" will be defined as the loss of SGA chartering, official University recognition, the right to petition to the Student Senate for funds, and the right to use University facilities. The Chairman of the SOB will have the authority to inform national organizations of the status of suspended chapters and recommend that the charter of the suspended RSO be revoked. The suspended organization will have a two (2) week grace period to contact the Recognized Student Organization administrator in Campus Life. After such period if contact has not been made the student organization will be suspended and have to reapply to the SOB and Student Senate through the chartering procedures as delineated in Chapter 501of the SGA By-Laws to regain recognized status.
(i) "Review" will be defined as a period not less than one semester in which an RSO is monitored by the SOB for compliance with its Constitution and the purposes and aims of the University of Louisville. Review does not affect RSO status.
(j) The SOB will keep on file current copies of the Constitutions and By-Laws of the Student Councils of the Student Government Association. Revisions and amendments to the same must be reviewed by the SOB and a recommendation made for the Student Senate to either approve or disapprove such revisions. Approved revisions will be kept on file; disapproved revisions will not. Only that copy of a Student Council's Constitution and By-Laws on file with the SOB will be considered the copy in effect and governing a particular Student Council. The SOB may only require corrections of a grammatical or structural nature. Content of a Student Council's Constitution or By-Laws will be considered only inasmuch as it relates to provisions governed by or in conflict with the SGA Constitution and By-Laws.
300.7 Senate Appropriations Committee
(a) Shall have all the duties as outlined in Chapter 400.3 of this document.
300.8 Non Standing Senate Committees
(a) For every academic year the SGA Senate shall create three to four committees, based on the needs of the Senate, which focus on yearly student focused goals. These committees shall have a defined purpose, and be created by the Senate no later than the annual SGA Retreat.
(b) No committee shall have less than 5 members
(c) Members of each committee shall be confirmed by the Senate by a majority vote.
(d) Committees shall meet twice a month, a minimum once monthly in accordance with Chapter 203.2.
(e) Each committee shall have a chair who is responsible for delegating the tasks of the committee and keeping records of all activities. The chair shall be elected by a majority vote of the committee members.
(f)These committees will cease to exist at the conclusion of Spring Commencement unless the Senate for following year wishes to extend a committee’s charter.
(g) Senate committees shall make every effort to not duplicate the duties of other branches of the SGA including but not limited to: the Engage Lead Serve Board, Student Activities Board, and other standing boards and committees of SGA.
TITLE IV: FINANCIAL AND BUDGETARY REGULATIONS CHAPTER 400 COMPOSITION OF SENATE APPROPRIATIONS COMMITTEE
400.1 Purpose and Intent The University Student Senate establishes the Senate Appropriations Committee to review and evaluate the expenditures of the Student Government Association (SGA) funds so that all expenditures of SGA funds are in the best interests of the student body. In addition, the Senate Appropriations Committee shall review all proposed tuition and fee increases.
400.2 Scope All spending of SGA funds are subject to the review, evaluation and/or approval of the Senate Appropriations Committee.
400.3 Senate Appropriations Committee (a) Composition: One voting senator of each council represented in SGA Student Senate may be nominated by the Executive Board and confirmed by the Senate to serve on the Appropriations Committee following the general election in the spring. The Executive Vice- President shall serve as an ex-officio non-voting member of the committee. (b) Quorum: A quorum of the majority of members of the committee must be present before any business can be conducted by the committee. The quorum must be maintained for actions of the committee to be valid. (c) Removal or Replacement of a Member: Any committee member absent from two consecutive meetings of the committee without excuse satisfactory to the committee shall automatically forfeit his position on the committee, and the seat shall be declared vacant subject to appeal of the Senate. The Student Senate shall select a replacement for this member out of his or her council at the next Senate meeting. (d) Consultation: The committee may request information or consult with representatives of the Student Affairs Office or any other appropriate University personnel to assist the committee in its charge. (e) Meetings: The Senate Appropriations Committee should establish a regular schedule at the beginning of each semester. Special meetings may be called by any member of the Senate Appropriations Committee provided three (3) days notice is given to the members of the committee.
1. The Senate Appropriations Committee shall meet a minimum of once before every regularly scheduled Senate meeting. The Committee shall meet as often as necessary to perform its review and evaluation so as not to unnecessarily hinder the expenditure of SGA funds.
(f) Conflict of Interest: The Appropriations Committee may vote to prohibit an Appropriations Committee member from voting on an item if the committee feels that the item directly affects the member. If such a vote or voluntary non-participation reduces the number of voting members below the number necessary for a quorum, the request for SGA funds shall be forwarded to the Student Senate for appropriate action. (g) Amendments: The Senate Appropriations Committee may propose amendments to these regulations. These amendments shall be proposed, debated, and voted on as mentioned under Article IX of the SGA Constitution.
400.4 Request Requirements (a) Itemization: All requests shall include an itemized list of proposed expenditures and the suggested vendor from which the items are to be requisitioned. This list should also include what portion of expenditures will be covered with SGA funds. (b) Travel Fund: The travel fund is money the allocated by the Student Senate to defer travel expenses for those undergraduate or professional students within organizations attending events outside the metropolitan area of Louisville. Graduate, non- professional students are not eligible for this fund; see Graduate Travel Fund below. In order to apply for these funds an organization must:
1. be a recognized student organization in good standing or on probation status. 2. complete the request form, attaching a brochure or flyer with information on the proposed event and an attached annual budget of the RSO. This must be submitted to the SGA Appropriations Committee by the deadline date.
3. attend both the Appropriations Committee meeting and the Student Senate meeting in which the Senate will be acting on the request. (c) Speaker Fund: The speaker fund is money allocated by the Student Senate to pay the honoraria of various speakers. It cannot be used for a speaker’s travel expenses and lodging. In order to apply for these funds, an organization must:
1. be a recognized student organization in good standing or on probation status. 2. complete the request form with an attached biography of the speaker, along with an annual budget of the RSO and return to the SGA by the deadline date. 3. attend both the Appropriations Committee meeting and the Student Senate meeting in which the Senate will be acting on the request.
(d) Special Projects Fund: The special project fund is money allocated by the Student Senate to sponsor organizations needing funding for special projects. This fund is not to be used for on-going administrative costs. In order to apply for these funds, an organization must:
1. be a recognized student organization in good standing or on probation status.
2. complete the request form and attach an annual budget of the RSO and a description of the event and return it to the SGA by the deadline date. The RSO must also list any Club Programming Committee awards it has been given for events during the current school year.
3. attend both the Appropriations Committee meeting and the Student Senate meeting in which the Senate will be acting on the request.
(e) Graduate Travel Fund: The Graduate Travel fund is money allocated for Graduate student travel expenses and it is retrieved through the Graduate School Student Council.
(f) Appropriations Committee Request Process:
1. All requests must be presented no later than twenty-four (24) hours, or any greater period specified by the Committee, prior to the Appropriations Committee meeting.
2. A hearing will be held for each request at which representatives of the requesting party must be present.
3. During hearing or deliberation on the requests, the Committee reserves the right to question representatives from the requesting party concerning a request.
4. Under extenuating circumstances, the Committee shall attempt to schedule a special meeting for those unable to attend a regular meeting.
5. The decision of the Committee concerning the request may be made at the first hearing or at the next regularly scheduled meeting of the Committee. (g) Sponsorship Guidelines
1. If 100% of the event’s budget is financed by SGA, then all advertising and printed materials for the event must include the following words:
i. “Funded by your Student Government” or ii. “Provided by your Student Government” or iii. Include the SGA logo
2. If less than 100% of the event’s budget is financed by SGA, then all advertising and printed materials for the event must include the following words:
i. “Funded in part by your Student Government” or ii. “Provided by your Student Government” or iii. Include the SGA logo
(h) Large Requests
1. A large request shall be defined as a request equal to or in excess of $2500.00.
2. If the Appropriations Committee grants a large request to a requesting party for electronic devices (such as computers, fax machines, printers, etc.), office supplies, or renovations, the requesting party must wait a period of five (5) years before submitting a similar request to Appropriations Committee. Any large request received from the requesting party of this nature before the end of the five (5) year period may be immediately denied. Extenuating circumstances shall be left to the discretion of the Appropriations Committee.
3. The Chairman of the Appropriations Committee is to record all large requests granted during their tenure. This list is to be given to the new SGA President, Executive Vice-President, and the Appropriations Committee Chairman’s successor after their installation.
CHAPTER 401 CONTROLS AND VIOLATIONS
401.1 Purpose And Intent (a) Request for funds: All requests for funds (be they requests under Chapter 402 or 403) shall be proposed and evaluated according to the following criteria:
1. Whether the request serves the best interest of students and the University, particularly in regard to the purposes and objectives outlined in the Preamble of the Constitution of the Student Government Association,
2. The significance of the scope of request, i.e., the extent to which it will affect students, and the number of students it will affect,<,p>
3. The availability of other funds, i.e., organization must have insufficient alternative sources of funding,
4. Other criteria as specified in other sections of Title V.(b) Any additional criteria that the Student Senate finds relevant so long as it is not arbitrary, capricious, or in bad faith. Appropriations: No one shall appropriate funds for a purpose contrary to that for which those funds have been committed, except if on appeal the Student Senate declares the original commitment null and void. (c) Review: The expenditures of Student Government Association (SGA) funds shall be adequately reviewed and evaluated to ensure that all expenditures are in the best interest of the student body. The Appropriations Committee may request that any group appear before the Committee for an accounting of its expenditures.
(a) Committees established under Section 401.3 of the SGA By-Laws may propose to the Senate definitions, rules and regulations for program expenditures funded by SGA. Except and provided otherwise in these By -Laws, the Executive Board shall have original jurisdiction to resolve questions of interpretation over Title V of the SGA By-Laws; it may delegate authority to resolve particular disputes to any committee established under Section 401.3 of the SGA By-Laws.
(b) "Request": This word means "a proposed expenditure of SGA funds." In the event that several items of expenditure are proposed, the Appropriations Committee shall decide whether separate items shall be examined separately as individual requests, or together as one request.
(c) "Malfeasance": Is wrong doing that is wholly wrongful, without legal right, or an intentional circumvention of the SGA Constitution or SGA By-Laws.
(d) "Conflict of Interest": Refers to a clash between interests described in the Preamble of the SGA Constitution and the private financial interest of the individual concerned.
(e) "Timely Fashion": Is operationally defined in Section 402.3 of the SGA By-Laws.
(f) "Shall": Is used in the imperative sense.
(g) "May": Is used in the permissive sense.
401.3 Jurisdiction Within the Student Government Association, the Student Senate shall be the final arbiter of all questions over budgeting and appropriation of SGA funds. While the Student Senate is the final arbitrator of such disputes, the following limited powers of original jurisdiction shall be vested in the following committees:
(a) The Senate Appropriations Committee
1. Powers: The Senate Appropriations Committee shall have the powers given it in the By-Laws. It may recommend to the Senate rules and regulations to carry out Title V of these By-Laws. The Appropriations Committee may request additional information regarding funding requests from those making them, and it may audit the books of any internal or external organization or agency funded completely or in part by the SGA.
2. The Appropriations Committee shall review all requests made to the Travel Fund, the Speaker Fund, or the Special Project Fund as described in the SGA By- Laws 400.4
(b) The Student Senate may establish committees to oversee certain special project funds or other special funds in the SGA Budget.
1. Such committees shall be subject to review by the Appropriations Committee.
2. The Student Senate may by two-thirds (2/3) vote abolish a committee established under this section of the SGA By-Laws [401.3 (B)]. In the case of committees that are funded in part by SGA, the Student Senate may, by two- thirds (2/3) vote choose to discontinue its funding of the committee.
(c) In the event of a financial emergency of such nature that immediate action is necessary and deliberation by and/or consultation with the Appropriations Committee is improbable and/or impossible, the Executive Cabinet shall have the authority to implement such emergency action as has been mutually agreed upon.
1. The Executive Cabinet must agree to implement such action.
2. Prior approval of the Appropriations Committee or Student Senate for implementation or content of such emergency action shall not be necessary.
3. A three-fourths (3/4) vote of the Student Senate may modify the content or nullify the implementation of any such emergency action.
(d) In periods of financial uncertainty for either the University as a whole or the Student Government Association in particular, and in an effort to conserve funds primarily for those requests most beneficial to the student body, either the SGA President and Chair of the Appropriations Committee shall both together have the authority to implement "Funding Controls" for the disbursement of non-budgetary funds or the Appropriations Committee may opt to vote on implementing the Funding Controls provision on its own accord.
1. In the first instance, the SGA President and Chair of the Appropriations Committee must both agree to implement the Funding Controls provision. 2. In the second instance, the Appropriations Committee, by a three-fourths (3/4) vote, may implement the Funding controls provision of its own accord. 3. In the first instance, prior approval of the Appropriations Committee or Student Senate for implementation of the Funding Controls shall not be necessary. However, in any case, the exact restrictions which shall comprise the Funding Controls shall be left to the authority of the Appropriations Committee. 4. The function of such a provision shall be understood as synonymous with a "plan B" in which the Appropriations Committee, in anticipation of a period of financial uncertainty, shall have previously drafted various restrictions on the disbursement of non- budgetary funds which together shall be known as the Funding Controls. 5. However, in any case, either the SGA President and Chair of the Appropriations Committee must both agree to nullify such implementation or a three-fourths (3/4) vote of the Student Senate may modify the content or nullify the implementation of such Funding Controls as has been established.
401.4 Rules of Order and Conduct The following rules are applicable to committees created under Section 401.3 of the SGA By- Laws.
(a) Meetings: Each Senate committee shall meet as often as necessary to perform its review and evaluation so as not to unnecessarily hinder the expenditure of SGA funds. Each committee shall establish a regular schedule at the beginning of each semester. Special meetings may be called by the chair, or by majority vote of the Student Senate. Each committee shall keep records of its members' attendance at committee meetings; in the committee's report to the Senate, it shall provide the Senate with those figures. All meetings shall be open and advertised to the university community a minimum of one week before they are scheduled to take place.
1. The Student Senate, upon creation of a committee to oversee a special project fund, shall specify the minimum number of meetings such committee shall hold.
(b) Removal of a Member:
1. Absences: Any committee member absent from two (2) consecutive meetings of the committee without excuse satisfactory to the committee shall forfeit his position on that committee. Alternatively a committee member missing more than half of the regularly scheduled meetings of the committee without excuse satisfactory shall forfeit his position on that committee. The committee member in question shall be allowed to make a statement on his behalf. The Development Board shall deem each absence "excusable" or "inexcusable," and recommend the appropriate action to the Student Senate.
2. Malfeasance: Any member of a committee convicted of malfeasance by the University disciplinary authority shall be removed from his position on the committee.
(c) Replacement of a Committee Member: In the event of a vacancy, the Development Board shall notify the Senate. The Senate shall elect a new member to fill the vacancy.
(d) Conflict of Interest:
1. Procedures: A committee member who believes he or she may have a conflict of interest on a given request may voluntarily abstain from voting on that request. Alternatively, the committee may vote to prohibit a committee member from voting on an item if the committee believes such member has a conflict of interest.
2. Rules of a Quorum: In the event the committee loses a quorum because of a conflict of interest, the request for SGA funds shall be forwarded to the Student Senate for action, as described in Section 401.2(d) of the SGA By-Laws.
3. Reprimand: Any committee member who uses these rules in bad faith may be removed from the committee by the Senate or punished in accordance with Section 401.5 of the SGA By-Laws.
401.5 Enforcement (a) Upon suspicion of financial misdirection or wrongdoing relating to use of SGA funds, the Senate Appropriations Committee shall hold a hearing at which the suspected malfeasant shall be present. In the event that such misdirection is by the Appropriations Committee or one of its members, investigative powers shall be vested in the Development Board.
(b) Penalties Against an Individual: If a committee described in Section 401.3 of the SGA By-Laws determines that there is reasonable cause to believe that wrongdoing has been committed, it shall notify the disciplinary authority of the University and ask that charges be levied. The University may also elect to pursue legal action against such person.
(c) Penalties Against an Organization: If a committee created in Section 401.3 of the SGA By-Laws determines that an organization, Student Council, or any other agency or group receiving SGA funds has violated rules and/or procedures established in Title V of these By -Laws, it shall, after its hearing, decide one of the following:
1. No penalty shall be levied, 2. The Student Senate shall be reimbursed, 3. Funds given (or about to be given) to the accused be forfeited. (The length of time any or all SGA funds may be withheld shall be determined by the Student Senate, with recommendations from the Appropriations Committee), 4. The accused shall be referred to the disciplinary authority of the University.
(d) While any agent or member of the SGA may bring charges against an individual or groups, at no time shall the accuser violate the rights of the accused as established in the Code of Student Rights and Responsibilities, and by law.
CHAPTER 402 REGULATIONS CONCERNING REQUESTS AFTER THE SGA BUDGET IS FINALIZED
402.1 These regulations govern all requests for funds under Student Senate control made after the SGA budget is finalized and not specifically included in the budget. Powers created in this section are reserved to this section, unless specific exceptions are made.
402.2 Requests for Funds (a) Anyone requesting money from SGA shall complete a request form and submit it to the appropriate committee created under Section 401.3. The Student Senate, upon recommendations of a committee created under Section 401.3, shall promulgate rules specifying what information must be given on the request form for that committee.
402.3 Requests Approval Process (a) In addition to the powers and rules specified in Chapter 401, committees created under Section 401.3 of the SGA By-Laws shall have the following rules for the request approval process under Chapter 402 of the SGA By-Laws:
1. All requests must be presented to the committee at least twenty-four (24) hours, or greater period as determined by the committee, prior to the committee’s meeting
2. Hearing shall be held for each request at which representatives of the requesting party may be present.
3. The committee shall make its decision on the request at the meeting that the request is presented, unless the request fails to meet committee guidelines or the committee needs additional information.
4. The committee may require groups that are granted money for any purpose, including travel or programming, to submit an evaluation or a written follow-up about their event.
(b) Proper jurisdiction for requests made after the budget is finalized is specified in Sections 400.4 and 401.3 of the SGA By-Laws. Requests submitted to the improper committee must be forwarded by the recipient as soon as possible to the appropriate committee.
(c) Each special committee created under Section 401.3 of the SGA By-Laws shall submit all requests with its recommendations to the Appropriations Committee. The Appropriations Committee shall approve or disapprove each recommendation by a majority vote, and this vote shall take place no later than one meeting following the special committee's report.
(d) Recommendations regarding the appropriations of special committees created under Section 401.3 shall become part of the Appropriations Committee's report to the SGA Senate.
(e) At any time before a requisition transferring funds is signed, the Senate may rescind an appropriation.
402.4 Subsequent Actions (a) Any student organization (excluding constitutionally established components of SGA) must process a requisition or travel authorization spending any SGA funds granted it within thirty (30) days after Senate approval or within fourteen (14) days after the expenditure date stated in the request. SGA funds not spent within that time shall be forfeited to the general account of SGA. (b) Each student organization funded by the SGA shall deliver a copy of each requisition to the Appropriations Committee Chair or his or her designee on the Appropriations Committee. The format of the requisition request shall be determined by the Appropriations Committee.
402.5 Direct Action By The Senate
There are four (4) instances when a request may be brought directly to the Senate: (a) The Student Senate by a majority vote may consider a request when, a committee mentioned in Section 401.3 of the SGA By-Laws has been presented with a request and has failed to make a recommendation to the Senate in a timely fashion, (b) In the event of a violation of 402.3(b) of the SGA By-Laws, the request for SGA funds shall be forwarded to the Student Senate, (c) In the event that a Senate committee created under 401.3 loses a quorum because one or more of its members has a conflict of interest on that request, the request for SGA funds shall be forwarded to the Student Senate for action, (d) The Student Senate may by two-thirds (2/3) vote bring a request to a vote in the Senate which has not been presented to a committee having original jurisdiction.
402.6 Reports The Student Senate may require each committee created under Section 401.3 of the SGA By- Laws to prepare written reports accounting for all SGA fund expenditures under its jurisdiction each semester.
CHAPTER 403 BUDGETARY REGULATIONS: REQUESTS TO BE INCLUDED IN THE SGA BUDGET
403.1 Scope This chapter governs all requests for funds from student monies made before the SGA budget is finalized. Requests made after the budget is finalized are governed by Chapter 402 of the SGA By-Laws. Powers and penalties created herein shall not be applied in other Chapters, except as specified.
403.2. Coordination and Procedure (a) Phase 1: The Student Senate shall establish the deadlines for the budget process.
1. The SGA Appropriations Committee shall propose a resolution to the SGA Senate that sets the deadlines for the following:
i. The submission of student council and student organization budget requests,
ii. The submission of the SGA President's budget to the Appropriations Committee,
iii. The first reading of the budget from the Apprpriations Committee by the SGA Senate.
2. The Appropriations Committee shall make a good faith effort to set these deadlines in order for the SGA Senate to approve its budget before the deadline for submission to the University's general budget. 3. The SGA President, or appointed designee, shall be responsible for informing student councils and student organizations of the deadline for submitting requests to be included in the budget via the student newspaper and the SGA mailing list or equivalent publications no later than four (4) weeks prior to the deadline.
i. The President shall submit a proposed budget to the Appropriations Committee by the date determined in section 403.2(a). (b) Phase 2: All units seeking funding from SGA shall prepare budgetary proposals. Each budgetary proposal shall meet the criteria specified by the Student Senate.
1. The Executive Cabinet as defined in the SGA Constitution shall prepare budgetary proposals for the central administration, which shall include costs of administration, position compensation, and University-wide programs administered by SGA central administration. The Cabinet's proposal shall be submitted to the Senate Appropriations Committee.
2. The proposals for all entities seeking inclusion in the SGA budget shall include the following details: Working budget for the current fiscal year, Proposed budget for the next fiscal year, All sources of revenue (anticipated revenue if unknown), and all account balances for any bank accounts associated with the entity.
3.Special committees created under Section 401.3(b) of the SGA By-Laws shall prepare a budget and submit it to the Appropriations Committee.
4. The Appropriations Committee shall forward these proposals to the SGA President so that they may be consulted when he or she forms his budget.
(c) Phase 3: All budget proposals shall be reviewed and evaluated by the Senate Appropriations Committee. The Committee shall then submit its recommendations to the Senate. The Senate may ask to see original budgetary proposals presented to the Senate Appropriations Committee. This submission shall constitute a first reading and no final action on the budget shall take place at this meeting.
(d) Phase 4: A second reading of the SGA Budget shall take place no less than two weeks following the first reading. The Senate may consider the budget requests at this meeting. (e) Once the Senate established its budget, the President shall submit it to the administration as specified in Section 403.2 of the SGA By-Laws.
403.4 Other Rules
Any funds granted by the SGA to any organization or agency internal or external, which have not been committed at least fifteen (15) days before the last day on which outside requisitions may be processed, shall be returned to the general account of the SGA. "Committed" herein means spent, allocated, obligated or promised.
TITLE V: STUDENT ORGANIZATIONS CHAPTER 501 CHARTERING PROCEDURES
501.1 Any group desiring to become a recognized student organization must submit eight (8) copies of a constitution to the Student Organizations Advisory Board. Within the written Constitution, the organization must state its purpose, membership requirements, meeting procedures, elections procedures, term of officers, and officers' duties. The name of the faculty/staff advisor must also be submitted.
501.2 A representative of an organization desiring a charter shall appear before the Student Organizations Advisory Board if requested, at the meeting where the Constitution of said organization is being discussed.
501.3 If a Constitution does not meet the requirements of Section 501.1 of the SGA By-Laws the Constitution will be resubmitted to the organization to implement the recommended changes. A member of the SGA Supreme Court shall be assigned to assist the organization in making the changes.
501.4 The Student Organizations Advisory Board must act upon the constitution within thirty (30) days of submission and the Senate must act within thirty (30) days thereafter.
501.5 The Student Organizations Advisory Board shall submit recommended organizations to the Student Senate. The Student Senate must approve an application before the organization can be officially recognized and chartered.
501.6 Any Constitutional changes must be screened by the Student Organizations Advisory Board and approved by the Student Senate in order for the organization to retain its recognition and charter.
501.7 The organization must submit to the Student Government Association and to the Assistant Vice President for Student Life, or his designee, the names, addresses and telephone numbers of the current officers and of the faculty/staff advisor of the organization.
501.8 In accordance with policy set by Student Life, if an organization wishes to consume alcohol, the organization must have an alcohol policy statement signed by their president and by their faculty/staff advisor on file with the Student Life Office.
501.9 Any organization approved by the Student Senate may have non-student members, unless specifically excluded by the charter of said organization, so long as the majority of the membership is students and non-students do not hold office in the organization. Specifics, if any, concerning regular, associate, and special membership will be defined in the organization's Constitution.
501.10 All chartered organizations are subject to review by the Student Organizations Advisory Board and are subject to probation and suspensions as defined in the By-Laws.
501.11 All Recognized Student Organizations will be required to attend an informational meeting, held by the Student Organizations Advisory Board, during the month in which they are assigned, at least once per year. The President, Chairperson, or designee from each organization will be the attending representative. If a group misses the informational meeting, it will be placed on probation as defined in this document. If a group on probation fails to attend the meeting in the following semester, it will lose its will be placed on suspension as outlined in Section 300.4(k) of the SGA By-Laws. The Student Organizations Advisory Board will notify groups of their status.
501.12 The terms "attendance," "probation," "review," and "suspension" are defined in Chapter 300.6 of the SGA By-Laws.
CHAPTER 502 REQUIREMENTS FOR CONSTITUTIONS
A constitution shall be defined as all forms of a governing document, including By-Laws, Codes, and Rules. Any group desiring to organize and operate at the University of Louisville must submit eight copies of the constitution under which it intends to operate to each member of the Student Organizations Advisory Board. This constitution must include the following information:
502.1 Name of organization.
502.2 Purpose: An organization should fall under one of the following categories: (a) Social (b) Honorary (c) Religious (d) Ethnic (e) Professional (f) Academic (g) Community (h) Political (i) University of Louisville booster groups (j) Greek (k) Graduate (l) Council (m) Other
502.3 Membership: Although an organization may be selective in membership, discrimination based on race, color, creed, gender, religion, age, nationality, political affiliation, sexual/affection orientation, military status and physical, mental, or emotional disability is not acceptable. However, it shall be understood that there may be Federal laws which take precedence over all or some of the criteria enumerated in this section. If needed, provisions must be made for regular, associate, special and non-student membership.
502.4 Any student organization in violation of Section 502.3 of the SGA By-Laws that does not meet an exemption provided by state or federal law shall not be eligible to receive SGA funds.
502.5 Officers and Duties: The number of officers may vary, but all officers must be students at the University of Louisville, and are ultimately responsible for the organization. Term of office must be written into the document.
502.6 Required officers: If an organization wishes to operate a website on University web space they must include the office of Webmaster on their governing documents. The Webmaster shall be responsible for maintaining an organizations website, or the website will be removed from University web space.
502.7 Meeting and Voting: Voting and decision-making procedures must be established. 502.8 Each student organization should make provisions for revising its constitution.
TITLE VI: ELECTION RULES CHAPTER 601 CREATION
601.1 The Supreme Court of the SGA will draft the election rules. The Student Senate will review, make any necessary changes to, and approve the election rules. No changes to the election rules may be made without Senate approval.
CHAPTER 602 SUPREME COURT
602.1 The Supreme Court shall oversee and manage the general Student Government Association elections.
602.2 The Supreme Court shall have the following duties in the SGA general election: (a) arrange for an online voting system to be implemented. In the event online voting is not used, arrange for all ballots and polling places; (b) certify and rule on the qualifications of all candidates; (c) approve the design of the official ballot consistent with the rules herein; (d) establish election rules consistent with provisions of this Title and the Constitution as approved by the Executive Board and Senate. (e) provide timely, adequate information concerning the SGA election to students, candidates, and the student newspaper prior to the election which should include candidate registration deadline, list of names of each certified candidate, forum dates, Supreme Court meeting dates, appeal deadlines, and polling dates, times, and locations; (f) provide for the training of elections officials in their duties and responsibilities in the operation of the polls prior to each election, if online voting is not used ; (g) provide a minimum of one (1) election official for each polling place, if online voting is not used; (h) tabulate and announce the preliminary results of all elections by noon the day following the election; (i) maintain public records within the Student Life Office of all election information, including results, voting rosters, rules, violations, and appeals for a period of not less than seven years; (j) prepare candidacy forms; (k) arrange for “Vote Here” elections signs at each polling site which shall be noticeable, readable, and unobstructable, if online voting is not used;
(l) hear and decide all challenges and accusations of election violations brought under election rules by following the procedures set forth under Title VII of the SGA By-Laws;
602.3 The Chief Justice shall: (a) chair all meetings of the Supreme Court, voting only to break a tie; (b) set, distribute, and enforce the Attendance Policies for the Associate Justices as set by the Supreme Court (c) oversee the coordination of the election processes set in the job procedure; (d) Shall appoint an Associate Justices to assist RSO applicants as prescribed in Section 501.3 of the SGA By-Laws. (e) If an Executive Officer faces removal, he or she will chair the meeting, create the agenda and set the meeting guidelines using Parliamentary Procedure in accordance to Robert’s Rules of Order Newly Revised, current edition.
CHAPTER 603 OFFICES ELECTED IN THE SGA GENERAL ELECTION
603.1 The President and Vice Presidents of the SGA shall be elected in the SGA General Elections, or on a day or set by the Student Senate as provided in the Constitution.
603.2 The individual school Student Councils may opt to elect their officers, academic unit representatives in the Student Senate, and/or school council members in the SGA General Election.
603.3 Councils have until the last Senate meeting, prior to winter break to state whether they will be holding their own election or taking part in the SGA General Election process.
CHAPTER 604 DATES OF THE ELECTION AND INSTALLATION
604.1 The time or times of the SGA General shall be set by the SGA Supreme Court in the SGA Election Rules and confirmed by the Senate before the beginning of the Spring Semester, in accordance with the following guidelines:
(a) the election shall begin on a Monday and last for 72 hours. (b) all candidates shall be notified of preliminary election results by noon of the day following the cessation of elections; (c) all candidates and their representatives shall have seventy-two (72) hours following the announcement of the last results to submit cases concerning election violations and contests to the Supreme Court, as detailed under Chapter 608 of the SGA By-Laws; (d) the supreme court shall then conduct hearings for these cases, as laid forth under Title VII of the SGA By-Laws; (e) all pending cases shall be resolved by the Court within two (2) weeks of the deadline for filing cases set forth under 604.1(d);
(f) the final election results shall be made available by noon of the day following cessation of Court proceedings, at which point they will be deemed certified and final except in the case of Court malfeasance. (g) All runoff elections shall be conducted after the results from the first election have been deemed certified and final.
604.2 The time or times of the individual school student council elections and academic unit representatives in the SGA Senate, if that academic unit chooses not to participate in the SGA General election, shall be set by each unit no later than February 28.
1. The date set for elections shall be set no later than April 15.
2. All elections procedures must be concluded no later than the final SGA Senate meeting of the Spring semester.
604.3 The installation shall occur at the SGA banquet at the end of the Spring semester.
CHAPTER 605 DECLARATION OF CANDIDACY
605.1 Candidates for offices elected in the general elections must file candidacy papers during the filing period established herein.
605.2 Filing shall be open for at least one week beginning on the Monday no later than two (2) weeks prior to the election. The week of spring vacation shall not be counted.
605.3 The candidacy papers must be received in the Student Life Office, or such other office or offices designated by the Supreme Court, before the end of the business day on the due date.
CHAPTER 606 CAMPAIGNS
606.1 The SGA shall provide a limited amount of free materials and free use of its reproduction equipment to candidates for SGA offices and Student Senate Academic Unit representatives in accordance with the policy established by the Student Senate for use of duplicating machinery. This shall not apply to academic units who do not choose their Student Senate representatives in the SGA General Election.
606.2 Campaign procedures shall be set by the Supreme Court and approved by the Student Senate at least one (1) month before the SGA Spring General Election. This shall not apply to academic units who do not choose their Student Senate representatives in the SGA General Election.
CHAPTER 607 ELECTIONS PROCEDURE
607.1 Voting shall be secret and conducted in privacy. Email ballots shall not be considered neither secret nor private.
607.2 Voting by proxy is prohibited unless authorized by the Court.
607.3 All registered students of the University of Louisville are eligible to vote, and shall be afforded the same opportunity to exercise this right.
607.4 In the event that electronic voting measures fail to allow all students an equal opportunity to vote in either the general election or a run-off election, then those disenfranchised students who were unable to vote shall be given a second opportunity to do so through a method approved in the SGA Election Rules. This remedial voting period shall last no less than twenty-four (24) hours, and no more than either the total amount of time that students were unable to vote or seventy-two (72) hours, whichever is shorter. This remedial election shall be held immediately following the cessation of the normal election period, and shall postpone the preliminary announcement of results until noon of the day following the completion of remedial elections. All following election events and deadlines shall then be postponed the same amount of time. The total of these votes shall then be added to the total votes already achieved by each candidate before election penalties have been assessed.
607.5 All candidates must be voted for individually, regardless of any slates that may have been formed.
607.6 The ballot shall be arranged by office-group. The order of names of candidates shall be determined by lot.
CHAPTER 608 VIOLATION NOTIFICATION AND ELECTION CONTEST PROCEDURES
608.1 No candidate may contest an election unless he or she complies with the provisions of this chapter or unless he or she demonstrates to the satisfaction of the Supreme Court compelling justification for his failure to do so.
608.2 Each candidate, or his authorized campaign worker, shall notify in writing the Supreme Court or an election official designated by the Court of any alleged violation of an election rule at the time when the alleged violation occurs or when the alleged violation is discovered, or soon as possible thereafter.
608.3 The violation notification shall describe the alleged violation and shall state the date, time and place of the alleged violation; the name of the alleged violator, if known, or his description; the name, address and telephone number of the person who observed or discovered the alleged violation; the name, address and telephone number of the person making the complaint; and the name of the candidate he or she represents, if any. The Court shall provide a form for this purpose, but the unavailability of the form shall permit the complaint to be submitted in written or electronic form.
608.4 The election official who receives the violation notification shall endorse his name and the time of receipt upon the form and shall direct an immediate investigation.
608.5 Any candidate wishing to contest an election shall file a written complaint with the Commission at such office or offices as the Court may designate within the time period for contesting an election specified in Section 607.7 of the SGA By-Laws. The complaint shall state each alleged violation and whether Sections 607.2 and 607.3 of the SGA By-Laws have been complied with by the candidate as to each of the listed violations, or the justification for the candidates' failure to comply and the information required by Section 607.2 of the SGA By-Laws as to each of the listed violations for which the required notification was not previously filed with the Court. Any violation not listed in the complaint shall not be considered by the Court.
608.6 Any violation for which the notification was not timely filed as required by Section 607.2 of the SGA By-Laws shall not be considered by the Court unless the Court finds that the candidate had a compelling justification for his failure to comply with that rule. Ignorance of the requirement shall not constitute a justification.
CHAPTER 609 APPEALS
609.1 Decisions of the Supreme Court may be appealed back to the Supreme Court. The Court has the authority to hear the case if there is new information provided.
CHAPTER 610 DISCLOSURE OF ELECTION RESULTS
610.1 As soon as the Supreme Court has counted and totaled the ballots for SGA elections, the election results shall be made available to the public through the SGA office. Complete results for all races, all candidates and all polling places will be made available through the SGA office and electronically through the SGA website. Full and complete SGA election returns, including complete results for all races, all candidates and all polling places, shall be made available on the SGA website no later than twenty-four (24) hours after returns have been tabulated by the Supreme Court.
CHAPTER 611 DEBATES
611.1 The Supreme Court shall be responsible for holding at least one official debate which involves all Executive Officer candidates. The time and place of this debate shall be set in the annual election rules and approved by the Student Senate. This debate shall be moderated by the Chief Justice or a designated Associate Justice.
611.2 Any council may hold a debate for the Executive Officer candidates and/or the Senatorial candidates from the associated school. These debates shall conform to guidelines set forth in the annual election rules.
611.3 Any organization wishing to hold a debate shall conform to guidelines set forth in the annual election rules.
611.4 All debates must provide an equal opportunity for all candidates in a particular race to appear and speak if any candidate for that race is a participant in the debate.
611.5 All debates must be moderated by a representative of the Supreme Court.
CHAPTER 612 MALFEASANCE BY OFFICERS OF THE COURT
612.1 In the event that a member of the Supreme Court is found be guilty of malfeasance during the conduction of his or her election-related duties and removed from office under Section 6.10 of the SGA Constitution, then the Supreme Court shall have the power to dictate the means of remediation, up to and including new elections.
TITLE VII: THE SUPREME COURT CHAPTER 701 FILING
701.1 Any person requesting a hearing or appealing to the Supreme Court shall make a timely electronic filing to the Chief Justice or his/her designate. The filing must contain the nature of the claim, and the remedy sought. The filing procedure shall be described on the Supreme Court website. This filing shall be made public.
CHAPTER 702 NOTICE
702.1 Upon application for hearing by direct request or appeal, the Chief Justice shall take steps to notify all parties with a direct or indirect interest in the complaint or appeal and all associate justices. Such notification must adequately represent the nature of the claim.
CHAPTER 703 PRE-HEARING
703.1 Within five (5) business days of the request for hearing or appeal, the Chief Justice and at least one (1) other associate justice, chosen by vote of the associate justices, shall meet with representatives of the parties with an interest in the case to discuss the hearing, schedule or proceedings, presentation of claims, evidence, and witnesses, and any motions that will be made. The parties may waive the pre-hearing by contacting the Supreme Court through a designated method.
CHAPTER 704 HEARING
704.1 In a closed session prior to the commencement of a hearing, the Chief Justice shall brief all justices on the case at hand, including the finding of the pre-hearing meeting. The Chief Justice or his/her designate shall call the hearing to order and read the complaint(s) before the court. Each party to the suit will be allowed adequate time to present their case with the complaining party(s) case heard first and the responding party(s) defense second. Each side may rebut the other’s case.
CHAPTER 705 POST-HEARING
705.1 The Supreme Court shall deliberate in a closed meeting and render its preliminary decision within forty-eight (48) hours of the last hearing in a case. A final written decision shall be made available within 14 days of the last hearing in the case. All written decisions shall be posted on the SGA website.
TITLE VIII: TRANSITION OF POWER CHAPTER 801 EXECUTIVE OFFICER TRANSITION
801.1 The official term of any executive officer shall begin at midnight on the day after the May Commencement immediately following his or her election, and shall end either at 23:59 on the day of May Commencement of the following year, or when the Executive Officer no longer meets the eligibility requirements to hold his or her office set forth in the SGA Constitution, whichever occurs first. The officer shall not be permitted to utilize the powers of his or her office, including the dispensing of SGA funds, after his or her term ends.
801.2 Within One (1) month of the certification of Executive Officer election results by the Supreme Court, each individual Executive Officer shall have a meeting with his or her designated successor to discuss the responsibilities of the office and set up a transition schedule. At this meeting, the official transition binder shall be transferred to the possession of the officer-elect.
801.3 Executive Officers shall have removed all of their belongings from their Student Government supplied office space and returned all keys to student affairs no later than 17:00 on the Friday prior to May Commencement.
CHAPTER 802 SENATE TRANSITION
802.1 The official term of any Senate officer shall begin at the conclusion of May Commencement immediately following his or her election, and shall end at the conclusion ofMay Commencement of the following year, or when the Senate Officer no longer meets the eligibility requirements to hold his or her office set forth in the SGA Constitution, whichever occurs first. The officer shall not be permitted to utilize the powers of his or her office, including the dispensing of SGA funds, after his or her term ends.
802.2 Within one (1) month of the appointment of the Officers of the Senate for the following year, each individual Senate Officer shall have a meeting with his or her designated successor to discuss the responsibilities of the office and set up a transition schedule. At this meeting, the official transition binder and any objects related to the office (including the Speaker’s Gavel) shall be transferred to the possession of the officer-elect.
CHAPTER 803 SUPREME COURT TRANSITION
803.1 The official term of any Justice of the Court shall begin immediately upon his or her confirmation as a Justice by the Student Senate.
803.2 A Justice’s official term will end either upon the resignation of the Justice, when the Justice no longer meets the eligibility requirements set forth in the SGA Constitution, or at the conclusion of his or her Commencement.
803.3 The Chief Justice shall be responsible for meeting with a newly appointed Associate Justice within one (1) month of his or her appointment in order to discuss the responsibilities of the office.
803.4 Within One (1) month of the appointment of his or her successor, a departing Chief Justice shall have a meeting with his or her designated successor to discuss the responsibilities of the office. At this meeting, the official transition binder shall be transferred to the possession of the incoming Chief Justice.
TITLE IX: REMUNERATION POLICIES CHAPTER
901 SENATE REMUNERATION POLICY
901.1 The maximum amount of financial remuneration for individual Senators shall be established by that body and remain constant from year to year until specifically changed by that body.
901.2 Individual remuneration, overseen by the Development Board, shall be a proportion of the maximum as determined by the following guidelines:
(a) Attendance at Senate meetings shall comprise 60% of total remuneration. A missed meeting, as defined in 1001.3, shall decrease potential remuneration. Attendance shall be kept by the Senate Officers and the Senate Clerk. At the end of a semester, an individual’s total remuneration from meetings, defined as “M”, shall be calculated by the following formula: M=[(total meetings-missed meetings)/total meetings]*60%
(b) Committee participation shall comprise 20% of total remuneration. At the end of each semester, committee chairs shall report upon participation at their committees to the Development Board. This report shall include a percentage between 0-20, with 20% representing full remuneration, 10% representing half, etc. The chairperson may not reduce a member’s remuneration for any reason except attendance, and no meeting shall be defined as “missed” unless it meets the criteria set forth in 1001.3. However, a chairperson may submit remuneration higher than the absolute percentage of meetings attended if he or she feels that the member’s performance has been commendable. Individual remuneration from committee participation shall be defined as “C”.
(c) Submitting a report at the end of each semester to the Executive Vice President, as defined in subsection 5.7.7 of the SGA Constitution, shall comprise 10% of total remuneration. Any report meeting the guidelines established in the aforementioned subsection shall be deemed sufficient for full remuneration. The Executive Vice President shall notify the Chair of the Development Board if a Senator fails to submit a report. Individual remuneration, as a percentile from 0-10, from a submitted report shall be defined as “R”.
(d) Attending one of the resolution writing workshops held by the Senate Speaker and Parliamentarian shall comprise 10% of total remuneration. This is mandatory for all new senators, however returning senators may automatically meet this requirement by producing a resolution that they either authored or co-authored in the previous year. In the event that a Senator cannot attend one of these meetings for a reason deemed acceptable by the Senate Speaker, that Senator shall contact the Senate Speaker and make arrangements to satisfy this requirement. Individual remuneration, as a percentile from 0-10, from a submitted report shall be defined as “W”.
(e) Total remuneration for an individual shall be calculated with the following formula: (M+C+R+W)*maximum amount of financial remuneration. 901.3 A missed meeting shall be defined as any non-excused absence. In order to be excused, an absence must meet the following requirements:
(a) A reason for the absence shall be submitted to the Senate Speaker prior to the meeting, except in the event of an emergency, in which case it should be submitted at the earliest possible moment. The reason for one’s absence must be deemed acceptable by the Senate Officers. (b) Except in the case of an emergency, a proxy from the same school as the Senator must be sent to the meeting. The name of the proxy shall be made available to the Senate Speaker prior to the meeting, and once the meeting has begun no other person may serve as proxy. Failure of a proxy to attend a meeting shall not penalize a Senator, but that proxy may no longer be used by any Senator except in the case of extenuating circumstances. (c) Leaving a meeting prior to its conclusion shall be regarded as a “missed meeting” unless prior arrangements have been made Senate Officers, or extenuating circumstances can be proven after the meeting has concluded. (e) In the event that the absence described relates to a sub-committee of the senate, all references to the Senate Speaker and Executive Officers in 10001.3(a)-(c) shall be replaced by the relevant committee chairperson.
901.4 Any Senator wishing to dispute an individual’s remuneration may do so by submitting a letter to the Student Senate. A Development Board ruling may be overturned by a majority vote of the Senate.
901.5 For the purposes of meetings determining remuneration, the Executive Vice President shall be an ex-officio, non-voting member of the Development Board.
CHAPTER 902 EXECUTIVE STAFF REMUNERATION POLICY
902.1 The maximum total remuneration, including bonuses, for all executive staff members shall be set by the SGA President and approved by a majority of the members of the Student Senate at the SGA Retreat.
902.2 Once set, the total remuneration shall not exceed that amount unless the increase is approved by the Student Senate.
902.3 The maximum total remuneration, including bonuses, for all executive staff members shall not exceed twenty percent (20%) of the total central administration budget.
902.4 Every individual staff member shall be told exactly how much they will be paid (excluding bonuses) no later than one (1) week after the Senate approves the total staff pay. No staff member will be paid less than this amount unless they fail to perform duties listed in his or her job description.
902.5 Total summer pay for all staff shall not exceed one fourth (1/4) of the SGA President’s total proposed staff remuneration, for the entire school year, including bonuses. Additionally, individual staff members may not be paid more during the summer than one fourth (1/4) of their estimated total remuneration.
CHAPTER 903 SUPREME COURT REMUNERATION POLICY
903.1 The maximum amount of financial remuneration for the Chief Justice and Associate Justices of the Supreme Court shall be set by the Student Senate.
903.2 Each Justice shall receive full remuneration, unless action is taken through the following process:
(a) A letter, signed by a minimum of either the Chief Justice or two Associate Justices and detailing reasons for a member’s for reduced remuneration, is sent to the Chair of the Development Board; (b) The Development Board shall then convene within two weeks to decide what percentage of remuneration that Justice merits.
903.3 Any Senator or Justice wishing to dispute an individual Justice’s remuneration may do so by submitting a letter to the Student Senate. A Development Board ruling may be overturned by a majority vote of the Senate.
903.4 Exact amounts given for remuneration are solely up to the Chief Justice for determining each Associate Justice based upon the total remuneration budget passed by the Senate
CHAPTER 904 REMUNERATION DEADLINES
904.1 It shall be the duty of the Chairperson of the Development Board, SGA President, and Chief Justice to submit the total remuneration for each individual in their respective branches to the SGA Unit Business Manager (UBM) at the end of each semester.
904.2 The deadline for this submission shall be one (1) week following the last Senate meeting of the semester.
Chapter 1001- DUTIES
1001.1 The Attorney General of SGA is responsible for ensuring that all organs and entities of SGA are adhering to the SGA Constitution, By-laws along with any respective council or board constitution and/or by laws.
1001.2 The Attorney General shall have the power to bring forth a case against any member or entity of SGA, except councils.
1001.3 The Attorney General may not represent any member of SGA before the Supreme Court.
1001.4 The Attorney General may give legal counsel to members of SGA as long as such counsel does not effect/ have to do with a case the Attorney General has brought forth.
1001.5 If requested the Attorney General must come before the Senate or any SGA Board or Committee that request his or her presence for questioning.
Chapter 1002- APPOINTMENT & RESIGNATION
1002.1 Nominations for the position must be sent to the Senate’s Executive Board by the Top 4 or by a member of the Senate.
1002.2 A nominee must first be confirmed by the Senate’s Executive Board by a simple majority vote. From here the nominee must go before the full Senate for confirmation.
1002.3 At the following Senate meeting after the Executive Board’s approval, the nominee shall be given time to make a statement then asked questions before the full Senate prior to a vote. A simple majority vote by the Senate is all that is needed for confirmation.
1002.4 Upon confirmation the confirmed individual shall take on the full responsibilities of the Attorney General until either they resign from their office or lose their status as a Full-Time student at the University of Louisville.
1002.5 If at any time the Attorney General chooses to resign from office, he or she must send a letter to both the SGA President and the SGA Senate notifying them. Once received, the resignation shall take effect.
1002.6 Upon resigning the Attorney General cannot hold another position within SGA for a period of 6 months.
Chapter 1003- REMUNERATION
1003.1 In the annual budget the Senate shall pass the amount of remuneration rewarded to the Attorney General.
hapter 1004- REMOVAL
6.10.1. The Attorney General may be removed from office due to failure to carry out the required duties of the office and for failure to satisfy the requirements to hold office as delineated in this Constitution, for acting against the best interest of the student populace, or malfeasance.
6.10.2. Any member of the SGA may submit a letter stating grounds necessitating removal to the chair of the Development Board. Upon receiving the letter, the chair of the Development Board must convene the Development Board within two (2) weeks to hold a hearing to determine whether probable cause exists to remove the Attorney General. The accused Attorney General shall be notified at least 72 hours in advance of the Development Board meeting. If the Justice cannot attend the meeting can he or she may submit a written testimony to the board. At the probable cause hearing, the Development Board shall hear testimony from witnesses, including but not limited to the member of the SGA that submitted the letter to the Development Board and from the accused.
6.10.3 If probable cause is not found to exist by the Development Board, then a petition signed by one third (1/3) of the Student Senate delivered to the Senate Speaker may override that decision. It shall be the duty of the Speaker to notify the accused and the Development Board Chair upon receipt of the aforementioned petition.
6.10.4. Upon a finding that probable cause exists or the receipt of a petition signed by one third (1/3) of the Student Senate by the Speaker, the chair of the Development Board will notify the Student Senate through electronic communication within twenty-four (24) hours from the adjournment of the probable cause hearing or receipt of the petition that grounds exist to impeach the Attorney General.
6.10.5. Upon notification of removal, the Senate Speaker or chair of the Development Board shall call a special meeting of the Senate to determine whether removal of the Justice is warranted.
6.10.6. Removal proceedings shall be conducted in the following manner:
(a) a minimum of two-thirds of the Senate body shall constitute quorum for the removal proceedings.
(b) the vote on removal shall be held no sooner than one (1) week and no later than two (2) weeks after probable cause has been found. A two-thirds majority of the members of the Senate shall be required to remove the Attorney General
(c) during the removal proceeding, the Senate Speaker or his or her appointee shall chair the meeting, prepare the agenda, set guidelines for the meeting and maintain order under Robert’s Rules of Order Newly Revised.
(d) the removal proceeding shall be conducted in a fair and impartial manner providing each party with the opportunity to speak before the Senate and call necessary witnesses according to the procedures prescribed by Robert’s Rules of Order Newly Revised.