The gamecock. (Columbia, S.C.) 1908-2006, January 18, 1989, Page 6, Image 6

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STUD] CONSTITl Student voting on Constitution Revi Theatre from 9:00 am - 6:00 pm. \ NOTE: THE BOARD OF TRUSTEES IS BY LAW THE GOVERNING BOARD Se< OF THE UNIVERSITY AND THIS CONSTITUTION IN NO WAY ABROGATES OR LIMITS THE AUTHORITY OF THE BOARD IN MATTERS OF GOVERNANCE. Preamble We, the Students of the University of South Carolina, in order to conduct student affairs in an efficient, orderly, and systematic manner, do define clearly the powers and responsibilities of the students: to secure for ourselves training and experience in self-government and to provide an organizational framework through which our efforts for a better university may be directed. We do hereby ordain and establish this constitution for the Student Government of the University of South Carolina. ARTICLE I THE ESTABLISHMENT OF STUDENT GOVERNMENT Section 1 Name The name of this body shall be the Student Government of the University of South Carolina, hereafter referred to as the Student Government. Section 2 Jurisdiction All students, by virtue of their registration at the Columbia campus of the University of South Carolina, shall be members of the Student Body and shall be subject to this constitution, and its Constitutional Codes, and the Student Government Statutes. Section 3 Franchise All students registered at the Columbia campus shall be entitled to vote in special and general elections of the Student Government. ARTICLE II EXECUTIVE POWERS Section 1 Executive Officers All executive powers of the Student Government shall be vested in a President, a Vice President, and a Treasurer who shall be elected in a manner provided for by the Constitution and Constitutional Codes of Student Government. Section 2 Election of Executive Officers The President, Vice President, and Treasurer shall be elected by a majority of those voting in Student Government Elections (a majority being defined as fifty percent (50%) plus one of the total votes cast in a general election). Section 3 Duties and Powers of the President A. The President shall: 1. Uphold the Constitution and Constitutional Codes of the Student Government and administer all regulations established in the Senate Statutes. 2. Have the power to veto or sign acts of the Senate, provided that he or she exercises such power within six (6) school days or ten (10) calendar days of passage, whichever comes first. A veto of Senate Statutes may be over-ridden by a two-thirds (2/3) vote of the Senate. If the President takes no action within the stated time period, the act is considered approved. 3. Call special sessions of the Senate. 4. Make recommendations for legislation to the Senate. gec^ 5. Address the Senate at the beginning of each semester and at other times upon invitation of the Senate. 6. Appoint cabinet members and Judicial Board members as specified herein, with the concurrence of a majority of the Senate. 7. Remove any cabinet member from an appointed executive position. 8. Appoint such officials that he or she deems necessary for the expeditious conduct of Student Government business. 9. Act as the official representative of the Student Government and sac an ronroconlo^ivn nf ?' *? 1 vj/1 vovuvuvi T v ux nit tlUTCI OHJ upuil 1CI[UCSI UI the President of the University. 10. With the assistance of the Treasurer, provide for the preparation Sect and presentation of the Student Government budget. 11. Receive a stipend, as provided for in the Constitutional Codes, which shall not be increased or diminished during his or her term of office. Section 4 Duties and Powers of the Vice President A. The Vice President shall: 1. Serve in lieu of the President in his or her absence or disability and succeed to* that office should it become permanently vacated. 2. Serve as presiding officer of the Senate and vote only in the event of a tie. 3. Appoint the members of Student Government Senate Committees. 4. Appoint such officials as the Senate shall deem necessary of the expeditious conduct of Senate business. 5. Communicate all acts and resolutions of the Senate to the President of Student Government. 6. Appoint the Clerk of the Senate with the consent of the Senate. 7. Make appointments to fill vacant Senate seats with concurrence of the majority of the Senate. Appointments shall be made from the district in which the vacancy exists. 8. Receive a stipend, not to exceed that of the President, which shall not be increased or diminished during his or her term of office. 9. Appoint chairpersons to Senate Committees with the concurrence of a majority of the Senate. Section 5 Duties and Powers of the Treasurer A. The Treasurer shall: 1 . Have access to all financial reenrrlc of arn? otiJonf nnronmotiA,, . WW* v?w vx M.HJ UUMVXVH \J Vlgaillfjauuil or body which receives monies from Student Activities Fees, and be empowered to enforce University and Student Government regulations pertaining to these funds and to enforce any agreements between the Organization(s) and the Senate Finance Committee. 2. Serve as a non-voting member on the Senate Finance Committee. 3. Record all receipts, expenditures, and appropriations of monies from Student Government. These records shall be made public and subject to audit as the Senate may provide. 4 . With the assistance of the President, be responsible for the preparation and presentation of the Student Government Budget. 5. Receive a stipend, not to exceed that of the President, which shall not be increased or diminished during his or her term of office. Section 6 Term of Office The President, Vice-President, and Treasurer of Student Government and all officers appointed by them in the Executive Branch shall maintain in good conduct their respective offices from the inauguration of the President to the inauguration of the new President. Section 7 Duties and Powers of the Attorney General A. The Attorney General shall: 1. Be appointed by the President of Student Government and assume duties upon concurrence of a majority of the Senate. 2 . When solicited, provide opinions on questions of constitutionality. 3. In the event that impeachment proceedings are brought against the Senior Justice, serve as a member of the Court of Impeachment. 4. Certify all Student Government Elections pursuant to the Constitutional Election Codes. 5 . In the event of a constitutional challenge, represent Student Government before the Campus Organization Judicial Appeals Board. ARTICLE III THE LEGISLATURE Section 1 Legislative Powers The legislative power of the Student Government shall be vested in a Student Senate, hereafter referred to as the Senate, and its statutes shall have binding effect on all Student Government Bodies. Further, organizations that receive funds from Student Government aUncalim^ shall h?? anh. ject to Senate Finance Committee guidelines. Any questions about the revisions ENT GOVERNMI ITTON WTTH RF1 sions will be Wednesday, January 25th ralid student I.D. card required. ition 2 Composition A. Composition of the Senate shall be as follows: 1. There shall be an elected group of student representatives known as Senators. 2. From this body the Senate shall select a President Pro Tempore. 3. The duties of the Clerk of the Senate shall be as follows: a. Take the official minutes and roll of all Senate Meetings. b. Maintain an archives in which shall be placed an official correspondence as well as reports and other information pertinent to the legislative body. c. Send, receive, and distribute all official correspondence of the Senate. d. Perform any other duties assigned by the presiding officer or a majority of the Senate. e. Not be a voting member of the Senate. f. Receive a stipend as provided for by the Senate Statute. B. Representation 1. Senate reapportionment shall take place before the Spring election of each year. The most current official enrollment statistics for a complete semester shall be used as the basis for reapportionment. AR -1?111 u JO ^ . .... An kjcnotc uiotucts siictii uc ctppurtiuneu oenaxe seats pursuant to tne Sec following scale: 101 to 1000 students - 2 seats 1001 to 2000 students - 3 seats 2001 to 3000 students - 4 seats 3001 or more students - 5 seats 2. Senate districts will be confined to colleges of the University to be as follows: District 1 - Science and Mathematics District 2 - Applied Professional Sciences District 3 - Social work District 4 - Library and Information Sciences gec District 5 - Humanities and Social Sciences District 6 - Business Administration District 7 - Education District 8 - Engineering District 9 - Journalism District 10 - Criminal Justice c District 11 - Law School District 12 - Medical School District 13 - Nursing District 14 - Pharmacy District 15 - Health 3. If new colleges are added to the University, they shall be included in this plan according to Article 111, Section 2, Subsection B-l. 4. If a college maintains an enrollment of fewer than 101 students, the Senate Rules Committee shall make a recommendation to the Student Senate as to the district into which said college shall be placed. Such placement shall be specified in the Constitutional Codes. 5. All students shall be represented from their colleges, regardless of residence status or class. A Senator may only represent a college in which he or she is enrolled. ;ion 6 Election 01 Senators A . The election of Senators shall be done as provided by the Constitution and Constitutional Codes. gecl B. Any vacancies in the Senate will be filled by appointment by the Vice President, with the concurrence of a majority of the Senate. Appointments will comply with Article III, Section 2, Subsection B.5 C. The Senators of the Student Government and all officers appointed by them in the Legislative Branch shall maintain in good conduct their respective offices for a term of one year from the inauguration of the President to the inauguration of the new President. ion 4 Duties and Powers of the Senate A. The Senate shall, in accordance with this Constitution: 1. Enact, by a majority vote, Constitutional Codes to this Constitution as provided in Article VI. 2. Have the power to enact Student Government Statutes governing the non-academic conduct of the Student Body subject to approval by the President of the University. These Statutes to be known as "SBL's", meaning Student Body Legislation, may not conflict with, or supersede, the Constitution or Constitutional Codes except as provided for in Article VI. 3. Propose by two-thirds (2/3's) vote amendments to this Constitution. 4. Ratify all appointments made to the Cabinet and Judicial Branch by the President of the Student Body by a majority vote. 5. Establish its own meeting time and rules of procedure. 6. Elect, as the first order of business of each newly elected Senate, a President Pro Tempore from its membership. He or she shall be a voting member of the Senate. He or she shall act in lieu of the Vice President of the Student Government in his or her absence or disability and shall succeed to that office should it become permanently vacated. The appointment of the Clerk of the Senate shall be ratified within one week of the appointment. 7. Hear the President of Student Government as directed in Article II, Section 3, subsection A.5, or by Senate rules. Sect 8. Allow no proxies, substitutes, or alternates to act in place of a Senator. 9. Conduct all Student Senate Meetings in accordance with the South Carolina Freedom of Information Act. 10. Allow non-members to address the Senate upon invitation of a majority of that body. 11. Have sole power to declare vacancies in its membership for reasons to be determined by its statutes. 12. Provide for the holding of a referendum on pertinent issues to the student body, given a two-thirds (2/3) approval by the Senate. Secti 13. Have the power to subpoena any officer of Student Government or the Senate by a majority vote. 14. Have the power to pass resolutions by a majority vote which will not be subject to presidential veto. 15. Subject to the approval of the President of the Student Government and the President of the University, provide for the allocation of Student Activity Fee Funds and may recommend changes in the Student Activity Fee. 16. Have the sole power of impeachment of elected or appointed officials of the Student Government of the University of South Carolina. Impeachment shall require a two-thirds (2/3) vote of the Senate. The Clerk of the Senate shall notify the Senior Justice to begin impeachment proceedings upon receipt of written charges signed by the individual or official intiating the charges with the document having been witnessed and notarized. The following shall occur: a.Impeachment shall be defined in the Constitutional Codes. Impeachment charges may only occur for those reasons stated in the Codes. b .Notice of receipt of impeachment charges of any officer except for the Senior Justice shall be served by the Clerk of the Senate to the Senior Justice. c.The Senior Justice shall then call a session of the Senate Judiciary Committee within ten (10) working days of such notice to consider impeachment charges and/or to try the impeachment. During these proceedings, the committee shall be known as the Court of Impeachment. The Student Government Advisor shall attend all impeachment proceedings as a non-voting member, d .The Senate Judiciary Committee shall be comprised of at least five Senators in order to sit as a Court of Impeachment. If at the time of consideration of impeachment charges the Committee is not comprised of at least five Sentors, the Vice President shall appoint to the Committee the number of Senators necessary to fulfill this requirement. If impeachment charges have been brought against the Vice President, all responsibilities nf thl> Vice PrpsiHent in thp imneaplunent nrnraec shall be performed far the President Pro Tempore of the-Sta? dent Senate. BOLD print represents revisions i should be directed to the Student Government Office Ru 2 NT VISIONS in front of the Russell House e. If impeachment charges are brought against the Senior Justice, the Clerk of the Senate shall notify the Chairperson of the Senate Judiciary Committee. The Chairperson shall then serve as Chairperson of the Court of Impeachment and call the committee into session. The Attorney General shall serve as a member of the Court in such cases. f.A recommendation for conviction or acquittal to the full Senate shall require a two-thirds (2/3) concurrence of the members of the Court. Failure of the Court of Impeachment to make recommendation to the Senate within thirty days of receipt of charges shall constitute acquittal. g .Conviction or acquittal shall require a two-thirds (2/3) concurrence vote of the recommendation of the Court of Impeachment by the Student Senate. Judgement in cases of impeachment shall not extend further than removal from any office held in Student Government. However, the party impeached, whether convicted or acquitted, shall be liable to prosecution according to State and Federal T.aw No officer shall exercise any official duties or receive a stipend after being impeached. TICLE IV THE JUDICIARY t :tion 1. JUDICIAL AUTHORITY The student discipline system is administered by the Division of Student Affairs. Student Government, as an elected and representative voice of the Student Body, has the right to comment on any proposed charge in policy pertaining to the discipline of students. All student appointments to Judicial Boards shall be nominated by the President of the Student Body with a majority concurrence of the Student Senate. The student discipline system is not a part of Student Government and interacts with Student Government only to the extent authorized by the Board of Trustees as stated in this Constitution. tion 2. CONSTITUTIONAL CHALLENGE The authority to review and rule on Student Government constitutional challenges shall be vested in the Student Organizations Judicial Appeals Board. Decisions of the Student Organizations Judicial Appeals Board may be appealed in writing to the President of the University. tion 3. APPOINTMENT, DUTIES, AND RESPONSIBILITIES OF THE SENIOR JUSTICE: A. From the judicial student board members duly appointed and trained, the Student Government President shall, with the concurrence of a majority of the Senate, designate a Senior Justice for a one-year term with responsibility to: 1. Administer the oath of office to all elected Student Government officials. 2. Serve on the Student Organizations Judicial Appeals Board. 3. Serve as the Chairperson of the Court of Impeachment and shall maintain in good conduct his or her respective office for a term of one (1) year from the time of appointment until the appointment of his or her successor. 4. Relinquish all of his or her power and responsibility on both the Court of Impeachment and the Campus Judicial Boards upon removal from either body. riCLE V ELECTIONS AND QUALIFICATIONS lion 1 Qualifications for Office A . The President of Student Government must be at least a junior in class standing at the time of inauguration and must have earned at least thirty (30) hours at the University of South Carolina-Columbia Campus. B. The Vice President of Student Government must have earned at least 45 credit hours at the time of inauguration and must have earned at least thirty (30) hours at the University of South Carolina-Columbia Campus. C. The Treasurer of Student Government must be at least a sophomore in class standing at the time of inauguration with at least fifteen (15) hours earned at the University of South Carolina-Columbia Campus. D. Where class standing is a requirement for office, class standing shall be defined as follows: 1. Junior Standing-60 hrs. 2. Sophomore Standing-30 hrs. E. Any student who is considered full time by University policy may be a candidate for any office provided the other specific requirements for the particular office are satisfied. F. No Senator may simultaneously be a member of the Executive Branch or serve on a Judicial Board. G. No member of the Executive Branch may simultaneously serve in the Legislative Branch or serve on a Judicial Board. H. No member of a Judicial Board may simultaneously serve in the Legislative or Executive Branch of Student Government. I. All elected or appointed Student Government officials must maintain the cumulative GPR requirement for graduation and remain in good standing in their respective college and shall cease to serve at any time these standards are not maintained. ion 2 Time of Election Election shall be held prior to Spring Break. The exact date shall be determined by the Constitutional Election Code and Senate Statute. The following offices shall be filled on that day: A. President of Student Government B. Vice President of Student Government C. Treasurer of Student Government D. Student Government Senators E . Any others provided for by the Senate Statutes. ion 3 Procedure for Elections A. Procedure for nomination and elections shall be stated in the Constitutional Codes and Senate Statutes. B. Election officials will be appointed by the Student Government President and confirmed by a majority vote of the Senate. These officials shall not hold any other Student Government elective office and shall noi De engioie ior election while serving in that appointed position. C. Each candidate will be responsible for the knowledge and compliance of the qualifications for the office which he or she seeks, and election rules as established by the Senate Statutes. D. All elections shall be conducted by secret ballot. E . To be elected, a candidate for the Senate must receive a plurality of the total votes cast in the first election where the seat is contested. Candidates for Executive Office are subject to regulations as prescribed in Article II, Section 2. In the event that an Executive Office candidate does not receive a majority vote, within fourteen (14) days after the first election there shall be a run-off election on a day designated by the Constitutional Election Codes. Upon approval by a majority vote in the run-off, a candidate shall be declared elected. [CLE VI AMENDMENTS Amendments to this Constitution may be proposed by a two-thirds (2/3's) vote of the Senate, or by petitions of 1,500 members of the Student Body. Proposed Amendments must have the approval of the President of the University prior to being presented to the Student Body for ratification. Amendments shall become part of this Constitution upon ratification by a majority of votes cast in an election of the Student Body, provided that the proposed amendments have been published in The Gamecock iicwopapci at icasi unc wetjis. pnur lu uie vote oi tne student ooay. 1 Amendments may be made to the Constitutional Codes of this Constitution through Senate vote. The amendments must be read, and debated if necessary, at two consecutive Senate meetings which shall be held not less than one week apart. Only at the second meeting may a vote be taken, requiring a simple majority for approval. By following this procedure, Senate approved legislation may amend the Constitutional Codes. Legislation amending the Constitutional Codes requires the approval of the President of the Student Body and the President of the University. Revised 12/15/88 ssell House 1st floor.