Wednesday, July 23rd, 2008

Humboldt State University
Associated Students Constitution

Revised, 2000



PREAMBLE

Having opinions to be represented, rights to be protected and needs to be administered, we, the members of the Associated Students of Humboldt State University, at Arcata, California, do ordain and establish this Constitution.

ARTICLE I. Name, Membership

    1. Name: The name of this corporation shall be the Associated Students of Humboldt State University, hereinafter referred to as the "Association."
    2. Membership: Any person duly registered as a student of Humboldt State University, and who has paid the required membership fee shall be a member of the Association.

ARTICLE II. Officers

    1. Definition of the Term "Officer": An officershall be any office holder elected by the Association membership and/or approved by the Associated Students Council, hereinafter referred to as the A.S. Council.
    2. Officer Liability: Any officer of the Association who violates the Association Constitution or Code may, after due process, be subject to one of the following sanctions:
      1. Censure: A verbal warning/reprimand expressing disapproval of the actions of the officer concerned.
      2. Probation: Placing the officer in question under the scrutiny of the A.S. Council and warning the officer that further misconduct may result in suspension or removal. The officer will retain his/her voting and participation rights. The term of probation to be set by the A.S. Council in each particular case.
      3. Suspension: Removal from office for a period of time to be set in each case.
      4. Expulsion: Permanent removal from office.
    1. Vacancies and Succession
      1. Should a vacancy occur in any elected office other than the Presidency, the President shall appoint, with the approval of the A.S. Council. All approved appointments shall terminate at the end of the vacant seat's term.
      2. Should a vacancy occur in the Presidency, the Administrative Vice President shall succeed to the office. Should the Presidency and the Administrative Vice Presidency be simultaneously vacant, the Legislative Vice President shall appoint replacements to assume the duties of those offices. These appointments shall be approved by the A.S. Council.

ARTICLE III. Executive

A. President

      1. The President shall be the chief executive officer of the Association elected by the Association membership.
      2. Powers and Duties of the President:
      1. Serves as the official representative of the Association.
      2. May propose legislation to the A.S. Council.
      3. Chairs the Executive Committee.
      4. May line-item veto Associated Students Budget and Code legislation.
      5. Makes appointments to committees and boards for the Association, unless otherwise specified by this constitution.
      1. Term of Office: The President shall be elected during the Spring Semester, shall assume office at the last A.S. Council meeting of the Academic year at Agenda Item "New Business," and shall serve until the last A.S. Council meeting of the following year.

B. Legislative Vice President

      1. The Legislative Vice President shall be the chief legislative assistant to the President.
      2. Duties of the Legislative Vice President:
      1. The Legislative Vice President shall chair the A.S. Council and may vote when it will effect the outcome.
      2. The Legislative Vice President shall be responsible to receive information from Associated Students committee appointments.
      3. The Legislative Vice President shall be responsible for the maintenance of and adherence to the Associated Students Code.
      4. The Legislative Vice President shall sit on the Executive Committee.
    1. Administrative Vice President
      1. The Administrative Vice President shall be the chief administrative assistant to the President.
      2. Duties of the Administrative Vice President:
      1. The Administrative Vice President shall chair the Board of Finance.
      2. The Administrative Vice President shall be the chief fiscal advisor to the President and the A.S. Council.
      3. The Administrative Vice President shall assume the duties of the President during the latter's absence.
      4. The Administrative Vice President shall sit on the Executive Committee.
    1. Student Affairs Vice President
      1. The Student Affairs Vice President shall be the chief advisor on student affairs to the President.
      2. Duties of the Student Affairs Vice President:
      1. The Student Affairs Vice President shall chair the Associated Students Student Affairs Committee.
      2. The Student Affairs Vice President shall sit on the University Center Board of Directors.
      3. The Student Affairs Vice President shall sit on the Student Affairs Directors Committee.
      4. The Student Affairs Vice President shall sit on the Executive Committee.

ARTICLE IV. Associated Students Council

    1. The Associated Students Council (A.S. Council) shall be the legislative branch of the Association elected by the Association membership.
    2. Membership: Membership in the A.S. Council shall consist of college-specific representatives, and one undeclared student representative, one interdisciplinary studies (special major) representative, and one graduate student representative.

Membership shall also include one Residence Hall Association (RHA) representative elected in the Spring RHA elections and seated by AS Council by a two-thirds majority.

C. Powers and Duties of the Associated Students Council:

      1. To formulate the Association's Rules, Regulations and Policies, as detailed in the Associated Students Code and other policy papers.
      2. To make appropriations from the treasury of the Association.
      3. To establish the amount of the Association's membership fee with the approval of its membership voting on this issue in an election.
      4. To impeach any officer of the Association.
      5. To override the President's veto by a two-thirds (2/3) vote.
      6. To call special elections.
      7. To place legislative initiatives on the ballot by majority vote.
      8. To elect a Vice Chair from its membership.
      9. To maintain written records of the A.S. Council proceedings which shall be posted for the benefit of the members of the Association.
      10. To promote the use and development of programs funded by the Association.
      11. To monitor and evaluate budgets of and services offered by the organizations funded by the Association.
      12. To approve Executive appointments by a 2/3 vote.
      13. To create committees and ad-hoc committees, and to empower those committees to accomplish goals set by the Council.

D. Chair of the Associated Students Council

      1. The presiding officer of the A.S. Council shall be the Legislative Vice President.
      2. Powers and Duties of the Chair:
      1. May vote on questions when such a vote will affect the outcome.
      2. Appoints members to the committees of the, Council as may be necessary for the proper conduct of its affairs, with the consent of the A.S. Council by a 2/3 vote.
      3. Nominates 2 members of the Council to be seated on the Associated Students Board of Finance.
      4. Calls and presides at meetings of the A.S. Council.

ARTICLE V. Budget

A. Board of Finance

      1. The sole responsibility for presenting the A.S. Council with a preliminary budget shall reside with the Board of Finance.
      2. Membership: The Board of Finance shall consist of the Administrative Vice President, who shall act as the presiding officer; the President of the Association; a member of the Association, appointed by the President; two members of the A.S. Council, appointed by the Legislative Vice President; and the General Manager of the Association (non-voting).
    1. Procedure in the Formulation of the Budget:
      1. The Board of Finance shall require each director to submit a budget request.
      2. The Board of Finance shall hold public hearings of programs identified by the Board of Finance. The director or sponsor shall be notified of the date, time, and place of said hearing.
      3. The Board of Finance shall submit a preliminary budget to the A.S. Council at least one month prior to the last regularly scheduled A.S. Council meeting of the academic year.
      4. The A.S. Council shall approve a final budget no later than the next to last regularly scheduled meeting of the academic year.
      5. The Associated Students President then reviews the budget and may exercise line-item veto authority.
      6. The A.S. Council has an opportunity to override vetoes with a two-thirds majority.
      7. The final budget shall be submitted to the President of the University for review.

ARTICLE VI. Association Employees

A. General Manager

      1. The Association will arrange for the services of a General Manager who will be responsible to the Associated Students President for the daily operations of the Association.
      2. Contracts: All contracts entered into between the Association and any firm, organization, or person shall be signed by the General Manager, and the director, sponsor, or manager of the activity which is the subject matter of the contract.
      3. The General Manger shall be responsible for the Association's activities during the summer recess. Any monetary or policy decisions that greatly affect the Association may necessitate consultation with the Associated Students Executive Committee.
    1. Others: The Association may employ such persons as are deemed necessary for the conduct of the Association's affairs.

ARTICLE VII. Elections

    1. There shall be one regular Association elections during the academic year.
    2. Elections Commission: An Elections Commission shall be appointed to ensure elections conducted by the Association are fair and are operated within the rules established by the A.S. Council, as detailed in the Associated Students Code. Three members of the Commission shall be appointed by the Associated Students President and two members shall be appointed by the Legislative Vice President.
    3. Elections Procedures:
      1. Nominations: Executive Officers shall be nominated by petitions signed by one-hundred and fifty (150) members of the Association. A.S. college-specific representatives shall be nominated by petitions signed by fifty (50) members of the Association within the college he/she is representing. A.S. Interdisciplinary Studies (Special Major) representatives shall be nominated by petitions signed by 10 members of the Association who are Interdisciplinary Studies majors. Graduate Student representatives shall be nominated by petitions signed by twenty (20) members of the Association who are Graduate Students. Petitions for nomination shall be filed with the Elections Commission not less than fourteen (14) calendar days not more than forty-two (42) calendar days prior to the regular election; the Elections Commission has three (3) school days to rule on the eligibility of a candidate after filing; and public notice to the effect that nominations are in order shall be posted on official bulletin boards and shall be published in the school newspaper at least forty-two (42) days prior to the election by the Elections Commission.
      2. Each member of the Association shall vote for no more than one candidate for each office.
      3. No member of the Association shall vote for a candidate for representative of a college other than the college in which that member of the Association is enrolled. In the case of persons with more than one major, the person shall have the right to choose from amongst colleges in which that person is enrolled to vote for a college representative candidate. Students with undeclared majors shall vote for the undeclared student representative.
      4. There shall be two (2) poll workers, appointed by the Elections Commission, at each voting station during the elections.
      5. Council Representatives shall be elected on a plurality basis. Executive Officers must receive a majority of the ballots cast for that office. In the advent of a tie or if a candidate for Executive Office fails to receive the required majority, a run-off election shall be held for the two candidates with the highest vote total.
      6. Run-off elections shall be held within five (5) school days after the regular election.
    1. Initiative and Recall
      1. Initiative: As outlined under the powers and duties of the Executive Committee and A.S. Council, the A.S. Council can initiate measures for the ballot. The Association membership shall also have the power to initiate legislation by means of a written petition, which has been signed by ten percent (10%) of the current members of the Association. Signatures will be verified by the Elections Commission. The Elections Commission shall render a decision in writing within five school days after a petition has been filed. When such petition is certified as legal, the A. S. Council shall call a special election within fifteen (15) school days after the date such petition was filed. For passage, the legislation must receive a majority of those voting on the issue. Any initiative passed shall override any legislative acts or appropriations.
      2. Recall: Any elected officer or representative of the Association may be subject to recall by a petition containing a specific statement of the reasons for the proposed removal. Such petition must be signed by at least ten (10%) percent of the membership of the Association which that officer represents, and then presented to the Elections Commission.

The Elections Commission shall render a decision in writing within five (5) school days. When such petition is certified as legal by the Elections Commission, it shall be presented to the A.S. Council which shall call a special election within fifteen (15) school days after the date such petition was filed. The person(s) subject to recall may request the President to call a special meeting, in compliance with Open Meeting Law, of the Association within five (5) days of the presentation of the petition. At said meeting, the officer shall be allowed to speak in his/her own defense. If two-thirds (2/3) votes are cast for recall, the officer shall be removed from office.

ARTICLE VIII. Enabling and Amendments

    1. Enabling: This Constitution shall become the official governing document of the Association upon ratification by two-thirds (2/3) majority of the Association voting on the issue.
    2. Amendments: There shall be two methods of proposing an amendment to this constitution.
      1. Submission of a petition signed by ten (10) percent of the Association membership to the A.S. Council. Once validated by the Elections Commission, the Elections Commissions will place an amendment before the members. All proposed amendments shall be made public at least fifteen (15) school days before the election. Amendments must then be approved by two-thirds (2/3) of the total votes cast on this issue at any special or regular election held during the Fall or Spring semesters. Ratified amendments shall be incorporated herein.
      2. Proposed amendments may be adopted by an affirmative vote of at least two-thirds (2/3) of A.S. Council. A vote of A.S. Council will amend the constitution, except as noted below.
      1. Any provision recommending a change in the fee.
      2. Any provision altering the term of an executive officer or council member.
      3. Any provision altering membership.