ASUO Constitution
Amended 4/27/94
1.1 This
organization shall be known as the Associated Students of the University of
Oregon (ASUO).
1.2 The purpose of the ASUO is to provide
for the social, cultural, educational and physical development of its members,
and for the advancement of their individual and collective interests both within
and without the University.
2.1 The
membership of this Association shall consist of all students at the University
of Oregon, Eugene, Oregon, who have paid the current term or semester student
incidental fee. Payment of summer term incidental fees is not necessary to
maintain membership status for the purpose of holding office.
2.2 Student membership of any of the particular classes shall be
determined by the academic rules of the University of Oregon.
2.3 No agency or program of the ASUO shall make any rule or take
any action abridging the privileges and immunities of any person or program
under the Constitution and laws of the United States or the State of Oregon, or
the rules of the University of Oregon, or the ASUO Constitution.
2.4 Access to activities supported in whole or in part through
mandatory student incidental fees shall not be denied for reasons of sex, race,
religion, age, sexual orientation, marital status, handicap, political view,
national origin or any other extraneous considerations. Activities limited to
living units legally segregated by sex may be limited by sex.
3.1 The elected executive
officer of this Association shall be the ASUO President (hereinafter
"President").
3.2 There shall be an ASUO Student Senate
(hereinafter "Student Senate") composed of eighteen (18) members of this
Association as defined in Sec.
6.1.
3.3 There shall be an ASUO Programs Finance
Committee composed of seven (7) members of this Association as defined in Sec.
7.1.
3.4 There shall be an ASUO Athletic Department
Finance Committee (hereinafter "Athletic Department Finance Committee") composed
of five (5) members of this Association as defined in Sec.
8.1.
3.5 There shall be an Erb Memorial Union Board
(hereinafter "EMUB") composed of at least seven (7) members of this Association
as defined in Sec.
9.1 and in the EMU Governance Document .
3.6 There shall
be a Constitution Court composed of five (5) members of this Association as
defined in Sec.
10.1.
4.1 All
students of this Association shall be eligible to hold elective or appointive
office under this Constitution. All students elected or appointed, serving in
ASUO governance, programs or committees, shall be required to enroll in and
complete each term at least the number of credit hours required by the
University to maintain half-time status, except as provided under Section
2.1 of this Constitution, during their term of office.
4.2 No member of this Association shall simultaneously hold more
than one elected office under this Constitution. A person may simultaneously
hold an elected and appointed position or more than one appointed position
unless the Constitution Court determines, upon petition, that a potential
conflict of interest exists between the two positions.
4.3
Candidates for the nine Academic Student Senate seats shall either have declared
a major with the University Registrar or shall at the time of filing declare
which constituent group they seek to represent, based on the major they expect
to be enrolled in by the following fall term.
4.4 If a
member elected or appointed pursuant to Sec.
5.4 to an Academic Student Senate seat changes majors to one outside of the
constituent group s/he was elected or appointed to represent, that member is no
longer eligible to serve on the Student Senate and his or her position shall be
declared vacant.
4.5 Notwithstanding Section
4.4, a member elected or appointed pursuant to Sec.
5.4 to an Academic Student Senate seat who is a pre-major (undeclared)
student may adopt a major and continue to serve on the Student Senate until his
or her term of office expires.
4.6 Conflict of interest
prohibited. No member holding an elected position on the Student Senate, the
ASUO Programs Finance Committee, the Athletic Department Finance Committee, or
the EMU Board may vote on the budget of any ASUO or EMU program in which they
hold a paid position during their term of office. This section shall be
construed so as to prohibit conduct that creates the appearance of a conflict of
interest, as well as an actual conflict of interest.
5.1 The President is the chief executive officer of the ASUO, is
responsible for the administration of ASUO programs, and acts as the official
spokesperson for students as a whole, within and without the University.
5.2 The President shall nominate to the President of the
University, upon recommendation from the ASUO Committee on Committees, members
to the student-faculty committees, appoint members to executive, administrative
and ASUO student committees, and make all other appointments to positions deemed
necessary.
5.3 The President shall appoint a member of the
ASUO to serve as Vice President. Such appointment need not be made through
formal hiring and affirmative action process provided that the Vice President
has been publicly announced as the President's running mate and included on the
ballot as such. The President must name one person to perform the duties
required of the Vice President by the Constitution. Any non-elected Vice
Presidents shall not be in the line of succession to the Presidency.
5.4 The ASUO President shall appoint persons to vacant positions
of the Constitution Court and the Student Senate. These appointments shall be
made within a period of thirty (30) calendar days of the vacancy and shall be
subject to confirmation by a majority of the Student Senate within seven (7)
calendar days of the appointment.
5.5 The President shall
submit to the Student Senate a recommendation for the next fiscal year's
incidental fee allocation by November 21st to assist the Student Senate in
establishing budgeting benchmarks for each of the three Major Programs
Committees: the EMU Board, the ASUO Programs Finance Committee, and the Athletic
Department Finance Committee.
5.6 The President or designee
shall submit budget recommendations to the Student Senate for each of the three
Major Programs: the EMU, ASUO Programs, and the Athletic Department. The
President or designee shall submit budget recommendations to the ASUO Programs
Finance Committee for each of the ASUO program budgets.
5.7
The President shall submit an accounting of expenditures of all ASUO programs
from the previous fiscal year.
5.8 The President and the
Student Senate shall agree by January 15 on a deadline by which the total
incidental fee budget shall be submitted to the University President. If they
fail to agree, the Constitution Court shall set the deadline. In the event that
the Student Senate fails to meet the deadline, the President shall, following
consent of the Constitution Court, be responsible for preparing the ASUO budget
and submitting it to the University President.
5.9 The
President shall hold veto powers over all of the allocations of the Student
Senate and over all budget recommendations of the ASUO Programs Finance
Committee. The President shall take such action regarding a Major Program budget
within 3 school days of receiving written notice of final Senate approval of
said budget.
5.10 There shall be an ASUO Program Directors'
Council established with a representative from each program chosen by the
Program director, and a representative of the ASUO Executive chosen by the ASUO
President. The President shall submit all proposed administrative or program
rules, or changes therein, to the Council for comment. This Council will be
chaired by the Executive representative, and shall meet at least twice per term.
The President shall make a report of the plans and activities of the ASUO
Executive during Fall, Winter, and Spring terms. This Council may also be used
as a channel through which procedures such as budget writing may be presented to
the program representatives.
5.11 The President may make
such rules as are necessary to insure the fair and efficient operation of ASUO
agencies and programs, and to insure compliance with such budget notes and
resolutions as may be approved by the Student Senate. Any such rule, once
properly established shall continue in effect indefinitely unless repealed or
superseded by subsequent action of a President or Student Senate. The President
must provide reasonable notice and an opportunity to comment prior to adoption
of any rule to all agencies and programs, including the Program Directors'
Council, likely to be affected by the rule.
5.12 The
President shall publish an annual compilation of rules, resolutions and other
policies established by the Executive Office, the Student Senate, ASUO Programs
Finance Committee, Athletic Department Finance Committee, ASUO Constitution
Court, EMU Board, and other agencies which may from time to time issue rules,
resolutions or policies affecting the student body and its programs. This
publication shall be provided to all funded programs, to the members of
governance bodies and to appropriate University officials, and shall be made
available upon request to any member of the University community. Rules
published in this manner shall have effect until replaced or eliminated
following procedures under Sections
5.10 and 5.11
of this Constitution and other appropriate sources.
5.13
The President shall establish a written agreement for each salaried, appointive
position in the ASUO Executive Office prior to hiring for the position, setting
forth its duties and responsibilities.
5.14 Except as
otherwise provided in this Constitution, the President shall abide by the ASUO
Affirmative Action plan in making appointments to all non-elective salaried ASUO
positions.
5.15 The President and Elected Vice President
shall serve a term in office of one year commencing on May 25 and ending on May
24 of the following year.
5.16 The President, with the
approval of a majority of those present and voting at a regular meeting of the
Student Senate, shall appoint the official student representative(s) or agent(s)
to any faculty-administration (Oregon State Board of Higher Education)
negotiations in the advent of faculty collective bargaining.
5.17 The President shall establish and publish his or her own
criteria for fulfillment of duties within one month of taking office. The
President shall also perform all duties as required by this Constitution.
Articles of impeachment may be brought against the President by a 2/3 vote of
both the IFC and Student Senate. Upon such vote, the Constitution Court shall
try the case and reach a decision by majority vote. Articles of impeachment
brought before the Constitution Court shall clearly set forth the grounds for
removal from office.
5.18 Rulings of the ASUO Constitution
Court shall be enforced by the President. Failure to enforce such a ruling shall
constitute non-fulfillment of duties.
5.19 The President
shall announce prior to November 1 each year the general guidelines to be used
in preparing the Executive budget recommendation.
5.20 The
ASUO Vice President shall assume all duties pertaining to the office of the
President in the President's absence and all other duties as delegated by the
President.
5.21 The ASUO Vice President shall serve as the
Chair of the Student Senate.
6.1 The
Student Senate shall be composed of eighteen members, fifteen (15) of whom shall
each serve for a two year term and three (3) of whom shall each serve for a one
year term, pursuant to Sec.
12.10 and 12.11.
Three (3) Senators shall be elected to serve as members of the ASUO Programs
Finance Committee. Three (3) Senators shall be elected to serve as members of
the EMU Board and will all serve on the EMU Budget Committee. Three (3) Senators
shall be elected to serve as members of the Athletic Department Finance
Committee. These nine (9) Senators shall be known as the "Finance Senators". The
remaining nine (9) Senators shall be elected by major to represent academic
departments and shall be known as "Academic Senators".
6.2
The Student Senate shall act on matters relating to the allocation and
appropriation of incidental fees, represent the collective and constituent
interests of students in all matters considered and/or acted upon by the present
General Assembly and University Senate, and/or any matters coming before a
shared-governance body or University or departmental administrative channels
relating to: student personnel services, University administered housing, campus
design, and University budgeting, except as otherwise provided for in this
Constitution.
6.3 The Student Senate, in order to vote on a
Major Program Budget, is required to muster a quorum of two-thirds (2/3) of the
filled Student Senate seats, and in order for such a motion to pass it must
receive an absolute majority of those filled Student Senate seats.
6.4 Notwithstanding Sec.
6.3, the Student Senate shall determine the quorum for all Senate actions
other than a vote on a Major Program Budget.
6.5 The
Student Senate shall take no action impinging upon the duties, responsibilities
or authority of the ASUO Executive or EMU Board.
6.6 The
Student Senate shall establish budgeting benchmarks by November 30th for each
Major Program. These benchmarks will serve as a guideline to assist each Major
Program committee in developing its budget recommendation for submission to the
Student Senate.
6.7 The Student Senate shall vote to
approve or deny the budgets recommended by the ASUO Programs Finance Committee,
the EMU Board, and the AD Budget Committee.
6.8 The Student
Senate may override any presidential veto of a Senate allocation by a vote of
2/3 of its filled seats. If a Major Program budget is vetoed, the vote to
override must take place within five school days of receiving written
notification from the President of said veto.
6.9 In the
event that a veto from the President is not overridden, the Student Senate shall
submit a revised budget recommendation to the President within two school days
after receiving a new recommendation from the affected Major Program Committee
pursuant to Section
7.10, 8.8,
or 9.9.
6.10 The Student Senate shall hear appeals of Finance Committee
or EMUB budget recommendations for any budget within a Major Program if the
recommended budget in question is below the amount necessary to fund the current
service level, and following a vote of two-thirds (2/3) of the filled seats of
the Student Senate to hear the appeal. Appropriations or allocations granted
through the appeal process will be incorporated into the budget recommendations
of the affected Major Program. Program budgets that are determined by the
Student Senate in this appeal process may not be altered in any way by the
respective finance committees.
6.11 The ASUO Vice-President
shall serve as the chair of the Student Senate, presiding over Student Senate
meetings, and voting only in cases of a tie.
6.12 The
Student Senate shall elect a President Pro tempore from its membership who will
preside in the absence of the Chair.
6.13 All meetings of
the Student Senate shall be in accordance with the Oregon Public Meetings Law.
Times and places of such meetings shall be submitted to the Oregon Daily
Emerald or announced at least 24 hours in advance of the meeting.
6.14 The Student Senate shall budget for an unallocated reserve
of not more than 1.5% of the total incidental fee budget, using funds other than
surplus from carry over and over realized enrollment.
6.15
The ASUO recommended incidental fee assessment for each of the following Major
Programs:
1) ASUO programs,
2) the Athletic Department, and
3) the
incidental fee portion of the EMU budget;
shall not exceed a 7% increase over
the previous year's student incidental fee assessment, unless individually
approved by an initiative or referendum held under Section
14 of this Constitution. If placed on the ballot, the measure shall specify
the exact amount in both percentage and dollars by which the 7% limitation will
be exceeded.
6.16 OSPIRG (Oregon Student Public Interest
Research Group) shall be supported at the University of Oregon through a per
student fee taken each term from student incidental fees. The amount of this
collection each year shall be based on enrollment figures provided by the
Registrar of the University of Oregon. A referendum shall be held during ASUO
elections every two years to demonstrate student support and determine the
OSPIRG funding level for the following year. All other years, OSPIRG shall go
through the regular incidental fee process as part of the budget recommended by
the ASUO Programs Finance Committee. This section shall remain in effect so long
as all OSPIRG local board members are elected annually, and that state board
positions are apportioned among schools based on financial contribution levels.
Nothing in this section shall be construed as to prohibit the ASUO Programs
Finance Committee from recommending other incidental fee support to OSPIRG,
regardless of the results of a student referendum.
6.17 The
terms of all Senators shall begin on May 25 and end on May 24. They shall be
elected as set forth in section 12.10
and 12.11
of this constitution.
6.18 The ASUO Committee on Committees
shall consist of: the Student Senate President Pro tempore as chair of the
Committee, two (2) other members selected according to Student Senate rules of
procedure, the ASUO Vice President, and one other member of the staff of the
ASUO President.
6.19 Academic Senators shall serve on at
least two Student/Faculty Committee during their term of office.
6.20 The ASUO President shall submit appointments requiring
Student Senate confirmation to the Chair of the Student Senate. The Student
Senate shall confirm or deny appointments within no more than 15 school days of
receipt of the applications from the ASUO President, except as provided in section
5.4.
6.21 A quorum of the Student Senate shall meet at
least once during any three week period, exclusive of dead weeks, final weeks,
and weeks when the full University is not in session. Failure to do so will be
subject to disciplinary action under section
10.14.
6.22 The Student Senate in conjunction with the
President, ASUO Programs Finance Committee, Athletic Department Finance
Committee and EMU Board, shall establish and publish the budget process schedule
by January 15, including the deadlines for the budgets to be submitted to the
Student Senate and then to the ASUO President.
6.23 The
Student Senate shall establish and publish, by November 1, its own rules of
procedure, criteria for fulfillment of duties and guidelines for allocation and
appropriation of incidental fees. It shall clearly set forth the conditions
which must be met for the release of such fees and, once allocated, there shall
be no attempt to attach any further conditions or policies concerning the use of
such accounts. Once the programs have fulfilled the conditions for release, they
are entitled to the full use of such funds for the established purposes.
7.1 The ASUO Programs Finance Committee shall be composed of seven
(7) members selected as follows: two (2) members elected as Finance Senators for
two year terms, one (1) member elected as Finance Senator for a one year term,
two (2) members elected at large for two year terms, one (1) member appointed by
the ASUO President for a one year term, and one (1) appointed by the ASUO
Programs Council for a one year term. The Chair shall be chosen from the elected
members.
7.2 The ASUO Programs Finance Committee shall act
on all matters relating to the allocation and appropriation of incidental fees
to ASUO Programs for the purpose of recommending a budget to Student
Senate.
7.3 A quorum of the ASUO Programs Finance Committee
shall be four (4).
7.4 The ASUO Programs Finance Committee
shall establish and publish its own rules of procedure and criteria for
non-fulfillment of duties by November 1.
7.5 All meetings of
the ASUO Programs Finance Committee shall be in accordance with the Oregon
Public Meetings Law. Times and places of such meetings shall be submitted to the
Oregon
Daily Emerald or announced at least 24 hours in advance of the meeting.
7.6 The ASUO Programs Finance Committee shall assign a tag
to each ASUO Program by October 15.
7.7 The ASUO Programs
Finance Committee shall submit to the Student Senate a recommendation for
allocations and appropriations for ASUO Programs by November 21st for the
purpose of assisting the Student Senate in establishing benchmarks.
7.8 The ASUO Programs Finance Committee shall determine and submit
a recommended budget for all ASUO Programs to the Student Senate according to
the provisions of Sec.
6.22 and 6.23.
7.9 By a vote of 2/3 of its seated members, the ASUO Programs
Finance Committee may override any Presidential veto of an ASUO Programs Finance
Committee budget recommendation at any time before the recommended Major Program
budget is submitted to the Student Senate.
7.10 In the
event that a veto of the ASUO Programs Finance budget from the President is not
overridden by the Student Senate, the ASUO Programs Finance Committee shall
submit a revised budget recommendation to the Student Senate within five (5)
school days of receiving written notification from the Senate of the vote to
override.
8.1 The ASUO Athletic Department Finance Committee shall be
composed of five (5) members selected as follows: two (2) members elected as
Finance Senators for two year terms, one (1) member elected as a Finance Senator
for a one year term, one (1) member appointed by the ASUO President for a one
year term, and one (1) member appointed by the Athletic Department Team Council
for a one year term. The ASUO Finance Coordinator will also serve on the
Committee as a non-voting member. The Chair shall be chosen from the elected
members.
8.2 The Athletic Department Finance Committee shall
act on all matters relating to the allocation and appropriation of incidental
fees for the Athletic Department at the University of Oregon (hereinafter the
Athletic Department) for the purpose of recommending a budget to the Student
Senate.
8.3 A quorum of the Athletic Department Finance
Committee shall be three (3).
8.4 The Athletic Department
Finance Committee shall establish and publish its own rules of procedure and
criteria for non-fulfillment of duties by November 1.
8.5
All meetings of the Athletic Department Finance Committee shall be in accordance
with the Oregon Public Meetings Law. Times and places of such meetings shall be
submitted to the Oregon Daily
Emerald or announced at least 24 hours in advance of the meeting.
8.6 The Athletic Department Finance Committee shall submit to the
Student Senate a recommendation for allocations and appropriations for the
Athletic Department by November 21st for the purpose of assisting the Student
Senate in establishing benchmarks.
8.7 The Athletic
Department Finance Committee shall submit a recommended budget for
appropriations and allocations for the Athletic Department to the Student Senate
according to the provisions of Sec.
6.22 and 6.23.
8.8 In the event that a veto of the ASUO allocation for the
Athletic Department from the President is not overridden by the Student Senate,
the Athletic Department Finance Committee shall submit a revised budget
recommendation to the Student Senate within five (5) school days of receiving
written notification from the Senate of the vote to override.
9.1 The Erb Memorial Union Board shall be composed of two (2)
members elected as Finance Senators for two year terms, one (1) member elected
as Finance Senator for a one year term, four (4) members elected at large for
two year terms, and the remaining membership as defined in the EMU Governance
Document. Members shall be elected pursuant to Sec.
12.12. One of the four members elected at large will be selected as the
Board Chair.
9.2 The EMUB shall have as its central purpose
a shared responsibility for the development and maintenance of the Erb Memorial
Union.
9.3 The EMUB shall operate according to a charter
approved by the Presidents of the University and the Associated Students.
9.4 The EMUB shall take no actions impinging upon the duties,
responsibilities, or authority of the Student Senate, or upon the administration
of ASUO Programs.
9.5 The EMUB shall establish and publish
its own criteria for fulfillment of duties by November 1.
9.6 All meetings of the EMUB shall be in accordance with the
Oregon Public Meetings Law. Times and places of such meetings shall be submitted
to the Oregon Daily
Emerald or announced at least 24 hours in advance of the meeting.
9.7 The EMUB shall submit to the Student Senate a recommendation
for incidental fee allocations and appropriations for the EMU by November 21st
for the purpose of assisting the Student Senate in establishing
benchmarks.
9.8 The EMUB shall submit a recommended budget
for incidental fee allocations and appropriations for the EMU to the Student
Senate according to the provisions of Sec.
6.22 and 6.23.
9.9 In the event that a veto of the EMU budget from the President
is not overridden by the Student Senate, the EMUB shall submit a revised budget
recommendation to the Student Senate within five (5) school days of receiving
written notification from the Senate of the vote to override.
10.1 The
Constitution Court shall be composed of five (5) members appointed by the ASUO
President. at least two of whom shall be a second or third year law
student.
10.2 The Constitution Court shall have supreme and
final authority on all questions of interpretation of this Constitution and any
rules promulgated under it, including elections rules and complaints.
10.3 The Constitution Court may delegate its authority to act as
a fact-finder and to make initial recommendations to a member of the ASUO who
shall act as a Hearings Officer.
10.4 Upon receiving a
complaint, a Hearings Officer shall take testimony and shall make a
recommendation on the question to the Constitution Court within four calendar
days. The Hearings Officer shall compile a written record of the complaint and
its disposition, along with the recommended decision, which shall be filed with
the ASUO Administrative Assistant and shall be presented to the Constitution
Court in the event of an appeal.
10.5 Complaints arising
under the ASUO Elections Rules may be delegated to a Hearings Officer for a
ruling. Such a ruling is final unless overturned by the Constitution Court. A
Hearings Officer sitting as a judge of election rule complaints may be delegated
the authority to impose special sanctions, including but not limited to denial
of accession to office or the ballot, payment of any cost incurred in handling
the complaint, performance of specific duties for the Elections Board or
revocation of any rights arising out of status as an ASUO Program or Recognized
or Registered Group.
10.6 The Constitution Court shall
select its own chair.
10.7 The Constitution Court shall
promulgate its own rules of procedure and rules to be used by Hearings Officers.
10.8 Hearings Officers shall be appointed by the
Constitution Court on a case-by-case basis, and shall hold no continuing
authority to review or make recommendations on other unrelated actions.
10.9 Any member or administrative body of the Association may
refer any question regarding correct construction or interpretation of any part
of this Constitution or any rule promulgated under it to the ASUO Constitution
Court. Members of the Court may not make such requests.
10.10 The Court shall, when practical, hear questions within
seven calendar days after they are presented. The Court shall endeavor to rule
on each question within ten calendar days after presentation.
10.11 The term of office of members of the Constitution Court
shall not expire until leaving or graduating from the University of Oregon.
Absence during summer term dates does not constitute leaving the University.
Upon re-enrollment at the University of Oregon, continued service as a Court
member would require re-appointment.
10.12 Members of the
Court may be removed from office by the President should the President and at
least twelve of the members of the Student Senate voting, after a public
hearing, determine that the member is guilty of non fulfillment of duties.
10.13 All questions relating to non fulfillment of
duties, except as provided in Section
10.12, shall be decided by the Constitution Court.
10.14 Upon failure of a quorum of the Student Senate to meet at
least once during any three week period, the Constitution Court shall have the
authority to remove all members of the Student Senate.
10.15 All rules, resolutions, and policies established by the
ASUO Executive office, the ASUO Programs Finance Committee, the Athletic
Department Finance Committee, the EMU Board, and the Student Senate shall be
reviewed and approved by the Constitution Court for compliance with the ASUO
Constitution. All such rules, resolutions and policies shall take effect as
promulgated unless declared unconstitutional by the Constitution Court upon
review. The Court shall respond as required in Sec.
10.10..
(repealed by ballot
measure 4/27/94)
12.1 The ASUO
Elections shall be conducted in a manner consistent with the best interests of
the student body. The elections shall be conducted in a fair, orderly and
impartial manner, and the educational atmosphere of the University shall not be
compromised, by any member of the ASUO involved in the electoral process.
12.2 The regular ASUO election shall be held no earlier than
April 1 and no later than May 1 of each year.
12.3 All
officers elected under this Constitution shall serve a term of office commencing
on May 25 and ending on May 24 of the last year of their term of office.
12.4 Any member of this Association is eligible to vote for
candidates seeking elective office, except in elections of Academic Student
Senate seats, in which only members of the appropriate constituent group may
vote for their representative.
12.5 The ASUO President
shall appoint an Elections Board Chair and, no later than February 15 each year,
appoint four members to the Elections Board upon recommendation of the Elections
Board Chair. The Chair and Board are subject to confirmation by a majority of
the Student Senate. The Elections Board shall be responsible for promulgation of
election rules and procedures, and for the overall direction of the elections.
The Elections Board shall interpret the Election Rules on request, except that
it shall not hear complaints of violations. Interpretations of the rules may be
appealed to the Constitution Court.
12.6 A candidate in
the ASUO election may file for only one position contested in that election.
12.7 Elections for positions currently filled by
appointees or currently vacant shall be held at the earliest regular ASUO
election in order to fill the remainder of the term.
12.8
A majority of votes cast in the ASUO Executive election shall be necessary to
elect. If no candidate receives a majority, a run-off election shall be held
within one week between the two candidates receiving the highest number of
votes.
12.9 If the election is for a multiple position
seat, e.g., EMUB, ASPAC, ASUO Programs Finance Committee, Athletic Department
Finance Committee or Student Senate, and more candidates than twice the number
of seats available file or receive the required number of votes as write-ins,
then twice the number of candidates than seats available shall go on to the
general election ballot, based on the number of votes received. One-year and
two-year seats shall be elected separately.
12.10
Candidates for Student Senate shall run for numbered seats. Senators elected to
serve as members of the ASUO Programs Finance Committee will hold seats 1, 2 and
3. Senators elected to serve as members of the EMUB will hold seats 4, 5, and 6.
Senators elected to serve as members of the Athletic Department Finance
Committee will hold seats 7, 8 and 9. Academic Senators will hold seats 10
through 18 which will be based on proportional academic constituencies. The
Constitution Court shall review these constituencies every two years and
rearrange them if necessary to ensure reasonably equal representation. A
disparity of 15% or less from the ideal size shall be deemed reasonably equal.
Nine of the eighteen members of the Student Senate shall be elected to represent
academic constituencies. The remaining nine Senators shall be elected to serve
as members of the Major Program Committees, pursuant to Sec.
6.1. A majority of votes cast in the Student Senate elections shall be
necessary to elect. If no candidate receives a majority, a run-off election
shall be held between the two candidates receiving the highest number of votes
for that particular numbered position.
12.11 Finance
Senate members elected to seats 1, 4, and 7 shall serve a term of one year.
Finance Senate members elected to seats 2, 5, and 8 shall serve a term of two
years and be elected in even numbered years. Finance Senate members elected to
seats 3, 6, and 9 shall serve a term of two years and be elected in odd numbered
years. All Academic Senators shall serve a term of two years. Academic Senators
elected to even numbered seats (10, 12, 14, 16 and 18) will be elected in even
numbered years. Academic Senators elected to odd numbered seats (11, 13, 15, and
17) will be elected in odd numbered years.
12.12 Two of
four elected EMU Board members will be elected in odd numbered years. In odd
numbered years the names of the four candidates receiving the most votes in the
primary election will be placed on the ballot for the general election.
Similarly, in even numbered years, two board members will be elected in the
general election from among the four who received the most votes in the primary
election. Each EMU Board member elected in this way shall serve a term of two
years.
12.13 For the purpose of implementing the
amendments in 1994, the members of the Student Senate and EMUB elected to fill
two year seats elected in odd numbered years shall serve only one year. These
seats will be placed on the ballot for re-election in 1995.
13.1 The vacancy of any office elected under this Constitution
shall, with approval of those present and voting at a regular meeting of the
Student Senate, be filled by appointment by the ASUO President if the vacancy
occurs more than four weeks prior to the next scheduled ASUO election.
13.2 Vacancies on the Constitution Court shall be filled in
accordance with Section 5.4 of this Constitution.
13.3 Non
fulfillment of duties for three weeks will be considered a vacancy of any office
elected or appointed under this Constitution.
13.4
Impeachment and removal from office of the ASUO President may be under the
process set forth in Section
5.17 of this Constitution, in addition to the process of Section
13.3.
13.5 Should the offices of ASUO President and
Vice President become vacant concurrently, the President Pro tempore of the
Student Senate shall become interim President. The Interim President shall hold
an election for the office of ASUO President within a reasonable time not to
exceed three weeks excluding finals and vacations.
13.6
The ASUO President-elect and Vice President-elect shall succeed the President
and/or Vice President should either of those officers resign or be recalled
after their successor's election but before their terms are completed.
13.7 The membership shall have the power to recall any elected
ASUO official by a majority vote.
13.8 Persons desiring
the recall of any officer shall notify the ASUO President and the Elections
Board in writing prior to any actions to bring about the recall of said
officer(s). The ASUO President and/or the Elections Board shall furnish to
persons desiring the recall of any officer(s) an adequate number of ASUO
petition forms. The ASUO petition forms shall set forth the name(s) of the
officer(s) to be recalled, their positions, the names of all persons initiating
the recall petitions and organization on whose behalf those persons are acting
and the time and date of initiation of recall petitions.
13.9 Persons desiring the recall of any officer(s), having
completed the requirements set out in Sec.
13.8, shall obtain the signatures of not less than 10% of the members of the
ASUO within a one-month period from the date of initiation of the recall
petition.
13.10 All recall petitions must be turned over
to the Constitution Court within one month of the initiation of the recall
petitions. A majority of the members of the Constitution Court shall determine
the validity of the signatures on the recall petitions. Upon validation of the
signatures and petitions, a special election shall be called by the ASUO
President at which time the question of recall shall be submitted to the voters.
13.11 Should the Constitution Court validate a petition
calling for the recall of the ASUO official constitutionally responsible for
calling and holding the elections, the Constitution Court shall, by a 4/5 vote,
appoint a person independent of the Executive to administer the elections.
14.1 Except as otherwise provided in this Constitution, an
initiative may be placed on the ballot by a petition containing the signatures
of at least 5% of the members of this Association, as defined in Section
2.1 of this Constitution. The petition shall set forth the precise and exact
wording of the initiative as it would appear on the ballot, and the petition
must be presented to the ASUO President at least two weeks prior to the
election.
14.2 Proposals to amend this Constitution or to
recall an elected official must contain the signatures of 10% of the members.
14.3 The ASUO President may place an amendment or other
initiative on the ballot without petition.
14.4 The Student
Senate and EMUB may, independently of each other and by a 2/3 vote of their
respective memberships, place on the ballot proposals dealing with matters under
their respective jurisdictions without petition, except that the EMUB may not so
place a matter regarding the EMU budget or any portion thereof.
14.5 The wording of all proposals to be placed on the ballot must
be approved by the Constitution Court prior to circulation of petitions and
placement on the ballot under Sections
14.1-14.4 inclusive. The wording of all measures shall present the question
in a clear and objective fashion, and shall include no wording inclined to
influence voters.
15.1 The
Constitution shall go into effect immediately upon the validation by the
elections officer of the results of the election, if those results show a
majority of the voters favor adoption of the Constitution.
15.2 Constitutional amendments and other ballot measures shall go
into effect immediately, or as specified by the measure, and upon the validation
by the elections officer of the results of the election, if those results show a
majority of the voters favoring adoption of the amendment or measure, except
that amendments or measures affecting the elections process shall go into effect
upon settlement of all disputes arising under the prior language.