University of Missouri

53-10: An Act to Amend Chapter III, VIII, & IX of the MSA Bylaws

Missouri Students Association
University of Missouri
Bill 53-10

AN ACT TO AMEND CHAPTER III, VIII, & IX

 PURPOSE:  To move the BEC into chapter three under the judicial branch.
WHEREAS, the BEC cannot be independent from the organization and be restricted in membership; AND
WHEREAS, Operations Committee has held several meetings thoroughly discussing the role of BEC; AND
WHEREAS, the BEC agrees with these changes; AND
WHEREAS, the move will not sacrifice the power of the BEC or Judicial Court in any way.

THEREFORE, BE IT ENACTED BY THE MISSOURI STUDENTS ASSOCIATION SENATE that Chapter III, Chapter VIII, and Chapter IX be amended to read as follows:

Bylaws of the Missouri Students Association

Chapter III

3.00 CHAPTER THREE DEFINED – All duties, powers, and departments of the judicial branch and Board of Election Commissioners shall be placed in this chapter of the bylaws.

3.10 3.05CHIEF JUSTICE – The Chief Justice shall serve as the head of the judicial branch and provide direction for the Court.

(A) TERM OF OFFICE – The Chief Justice shall serve a term beginning during the first Senate meeting in which the Chief Justice is approved and end when the Chief Justice resigns or ceases to be a student.
(B) REQUIREMENTS – The Chief Justice shall have been a member of the association for more than two semesters in total.  The Chief Justice shall maintain a 2.2 cumulative GPA for the duration of his/her term.  The Chief Justice may not hold simultaneous offices within the association.
(C) DUTIES, RESPONSIBILITIES, AND POWERS OF THE CHIEF JUSTICE – Duties, responsibilities, and powers of the Chief Justice shall be listed below.

(1) It shall be the duty of the Chief Justice to follow the constitution and bylaws of the association at all times.
(2) It shall be the duty of the Chief Justice to oversee operation of the judicial branch.
(3) Any judicial power not specifically denied to the Chief Justice, nor specifically assigned to another individual or group in the constitution, rules of the Senate, or bylaws, shall be reserved to the Chief Justice.

3.203.10 APPOINTMENT – It shall be the responsibility of the Chief Justice to make the following appointment.

(A) ASSOCIATE CHIEF JUSTICE – The Chief Justice shall appoint a Justice to become Associate Chief Justice.

3.303.15 MEMBERSHIP OF THE COURT – Shall be composed of nine undergraduate students from the University of Missouri.  Seven of which shall serve as Justices, one as Associate Chief Justice, and one as Chief Justice.

3.403.20 COURT SESSIONS AND MEETINGS – The Court shall hold regular meetings throughout the academic year.

(A) REGULAR MEETINGS – Regular meetings shall take place during the academic year at least one time per month.
(B) SPECIAL MEETINGS – Special meetings of the Court may be called by the Chief Justice or by petition from four of the Court Justices.

3.503.25 COURT POWERS – The following powers shall be assigned to the Court.

(A) WRITS OF ELECTIONS – The Court shall hear appeals from the decisions by the Board of Election Commissioners (Chapter V) and have authority to judge all cases of alleged violation of the constitution, bylaws, or Board of Elections Commissioners Handbook.
(B) WRITS OF INJUNCTION – The Court shall have the power to issue writs of injunction to prevent the violation of the constitution, bylaws, or rules of the Senate.
(C) WRITS OF MANDAMUS – The Court shall have the power to issue writs of Mandamus to force compliance of the constitution, bylaws, or rules of the Senate.

3.603.30 COURT SUMMONS – The Court may summon any member of the association to a meeting of the Court.  Summons may be called by the Chief Justice or by petition from four of the Court Justices.

(A) PROCEDURE – The Court must issue summons at least three academic days prior to any Court meeting in which the summoned must appear.
(B) FAILURE TO APPEAR – If an individual fails to comply with a summons the Court may view the failure to appear as admission of guilt and may levy and acceptable punishment.

3.703.35 PENALTIES FOR NONCOMPLIANCE – If a member of the association fails to comply with a Court order or summons the following actions may be taken against the person(s).

(A) TERMINATION OF PAY – If an individual who fails to comply with a Court order or summons holds a position that receives a stipend, the Court may terminate pay for the member until he/she complies with the order.
(B) REMOVAL OF OFFICE – If an individual fails to comply with a Court order or summons and holds a position in the association the Court may removal removethe individual from office(s)any and/or all positions the court deems appropriate.

8.103.40 BOARD OF ELECTIONS COMMISSIONERS – The Board of Elections Commissioners (BEC) shall serve as an independent entity of the association that shall certify the results of all elections and referenda.

(A) INDEPENDENCE FROM THE ASSOCIATION – The BEC as defined in this chapter of the bylaws is an independent agency of the association and as such is not subject to jurisdiction from other agencies within the association except for what is listed in this chapter of the bylaws.

(A) SUPERIORITY CLAUSE – The BEC as defined in this chapter of the bylaws shall only answer to passed legislation of the Senate, and Judicial court rulings. No other agency shall interfere with the BEC except for what is listed in this chapter of the bylaws.
(B) APPOINTMENTS – Appointments to the BEC shall be made during the semester prior to the Fall Semester.

(1) APPOINTMENT OF THE CHAIR – The Chair of the BEC shall be appointed jointly by the President, Senate Speaker, and Chief Justice.  The President, Senate Speaker, and Chief Justice must come to a unanimous decision to appoint a Chair.  The Chair must maintain a 2.2 cumulative GPA for the duration of his/her term, and be confirmed by Operations and Full Senate.The Chair may not hold simultaneous offices within the association.  Any such appointment shall be subject to the approval of the Senate Operations Committee and then full Senate (Chapter II).
(2) APPOINTMENT OF THE VICE CHAIRS – The Chair of the BEC, after appointment, shall appoint two students to serve as Vice Chairs.  The President, Senate Speaker, and Chief Justice must come to a unanimous decision to approve the appointment of Vice Chairs.  The Vice Chairs  must maintain a 2.2 cumulative GPA for the duration of his/her term, and be confirmed by Operations and Full Senate.  The Vice Chairs may not hold simultaneous offices within the association.  Any such appointment shall be subject to the approval of the Senate Operations Committee and then full Senate (Chapter II).

(C) TERM – the Chair and Vice Chairs after appointment will serve their term beginning during the Fall Semester and ending during the last regular academic day during the Spring Semester.
(D) RESPONSIBILITIES – The BEC shall be responsible to ensure the proper execution of the election and the responsibility to uphold all election laws.

(E) REQUIREMENT – No member of the BEC shall have their name appear on a ballot he/she is administering. No paid position of the Executive, Judicial, or Senate shall be a member of the BEC.
(F)(E) REMOVAL OF A MEMBER OF THE BOARD OF ELECTIONS COMMISSIONERS – In the event that a member of the association believes a member of the BEC to have acted in violation of the constitution, bylaws, or rules of the Senate the process to call for the removal of the member of the BEC shall be as follows.

(1) A member of the association who believes that a member of the BEC has violated the constitution, bylaws, or rules of the Senate shall provide the petition for removal to one of the three officers:  The President, Senate Speaker, or Chief Justice.
(2) After the petition has been submitted to one of the officers mentioned about the petitioner shall decide if he/she wishes to remain anonymous.  If the petitioner wishes to remain anonymous then the officer who received the petition shall be bound to uphold the anonymity of the petitioner per these bylaws.  Violation of this rule shall be grounds for immediate impeachment.
(3) Any of the three officerspositions listed in 3.40 (F)  abovemay refuse to accept the petition on grounds of illegitimacy and failure to provide proper evidence of a violation of the constitution, bylaws, or rules of the Senate.  The refusal of one officer does not prevent the petitioner to present their case to another one of the three officers positions listed above in 3.40 (F).
(4) Should an officer accept, he/she shall deliver the petition to the Senate Operations Committee which shall determine whether or not to remove the member of the BEC.
(5) Should the Operations Committeeremoval remove a member of the BEC and he/she disagrees, the member of the BEC may appeal the decision to the Student Court.

Chapter VIII

8.00 CHAPTER EIGHT DEFINED – All duties, powers, and departments of independent agencies within the association shall be placed in this chapter of the bylaws.

8.10 BOARD OF ELECTIONS COMMISSIONERS – The Board of Elections Commissioners (BEC) shall serve as an independent entity of the association that shall certify the results of all elections and referenda.

(A) INDEPENDENCE FROM THE ASSOCIATION – The BEC as defined in this chapter of the bylaws is an independent agency of the association and as such is not subject to jurisdiction from other agencies within the association except for what is listed in this chapter of the bylaws.
(B) APPOINTMENTS – Appointments to the BEC shall be made during the semester prior to the Fall Semester.

(1) APPOINTMENT OF THE CHAIR – The Chair of the BEC shall be appointed jointly by the President, Senate Speaker, and Chief Justice.  The President, Senate Speaker, and Chief Justice must come to a unanimous decision to appoint a Chair.  The Chair must maintain a 2.2 cumulative GPA for the duration of his/her term.  The Chair may not hold simultaneous offices within the association.  Any such appointment shall be subject to the approval of the Senate Operations Committee and then full Senate (Chapter II).
(2) APPOINTMENT OF THE VICE CHAIRS – The Chair of the BEC, after appointment, shall appoint two students to serve as Vice Chairs.  The President, Senate Speaker, and Chief Justice must come to a unanimous decision to approve the appointment of Vice Chairs.  The Vice Chairs  must maintain a 2.2 cumulative GPA for the duration of his/her term.  The Vice Chairs may not hold simultaneous offices within the association.  Any such appointment shall be subject to the approval of the Senate Operations Committee and then full Senate (Chapter II).

(C) TERM – the Chair and Vice Chairs after appointment will serve their term beginning during the Fall Semester and ending during the last regular academic day during the Spring Semester.
(D) RESPONSIBILITIES – The BEC shall be responsible to ensure the proper execution of the election and the responsibility to uphold all election laws.
(E) REMOVAL OF A MEMBER OF THE BOARD OF ELECTIONS COMMISSIONERS – In the event that a member of the association believes a member of the BEC to have acted in violation of the constitution, bylaws, or rules of the Senate the process to call for the removal of the member of the BEC shall be as follows.

(1) A member of the association who believes that a member of the BEC has violated the constitution, bylaws, or rules of the Senate shall provide the petition for removal to one of the three officers:  The President, Senate Speaker, or Chief Justice.
(2) After the petition has been submitted to one of the officers mentioned about the petitioner shall decide if he/she wishes to remain anonymous.  If the petitioner wishes to remain anonymous then the officer who received the petition shall be bound to uphold the anonymity of the petitioner per these bylaws.  Violation of this rule shall be grounds for immediate impeachment.
(3) Any of the three officers listed above may refuse to accept the petition on grounds of illegitimacy and failure to provide proper evidence of a violation of the constitution, bylaws, or rules of the Senate.  The refusal of one officer does not prevent the petitioner to present their case to another one of the three officers.
(4) Should an officer accept, he/she shall deliver the petition to the Senate Operations Committee which shall determine whether or not to remove the member of the BEC.
(5) Should the Operations Committee removal a member of the BEC and he/she disagrees the member of the BEC may appeal the decision to the Student Court.

Bylaws of the Missouri Students Association

 

Chapter VIII IX

9.008.00 CHAPTER EIGHT NINE DEFINED – All officer positions within the association shall be placed in this chapter of the bylaws.

(A) An officer of the association defined in this chapter shall collect no more than one salary from the organization concurrently.

9.108.20 EXECUTIVE OFFICERS – All officers that fall under the Executive Branch of the association shall be outlined below.

(A) PRESIDENT – The President shall serve as the head of the Executive Branch and shall supervise in conjunction with the Vice President all officers within the Executive Branch.

(1) APPOINTMENT – The President is elected by the students of the university.
(2) SUPERVISOR(S) – The President is not supervised by any officer within the association.
(3) OVERSEES – The President directs all officers within the Executive Branch in conjunction with the Vice President.

(B) VICE PRESIDENT – The Vice President shall supervise in conjunction with the President all officers within the Executive Branch.

(1) APPOINTMENT – The Vice President is elected by the students of the university.
(2) SUPERVISOR(S) – The Vice President is not supervised by any officer within the association.
(3) OVERSEES – The Vice President directs all officers within the Executive Branch in conjunction with the President.

(C) CHIEF OF STAFF – The Chief of Staff shall serve as an assistant to the President and Vice President and his/her duties shall be assigned by the President and Vice President.

(1) APPOINTMENT – The Chief of Staff is appointed by the President and approved by the Senate (Chapter I).
(2) SUPERVISOR(S) – The Chief of Staff is supervised by the President and Vice President.

(D) SECRETARY TO THE OF AUXILIARIES – The Secretary ofto the Auxiliaries shall serve as a liaison to between the auxiliaries of the association and the President and Vice President

(1) APPOINTMENT – The Secretary of to the Auxiliaries is appointed by the President and approved by the Senate (Chapter I).
(2) SUPERVISOR(S) – The Secretary of to the  Auxiliaries is supervised by the President and Vice President.

(E) DEPARTMENT DIRECTORS – The Ddirector of each Ddepartment shall serve as head of each respective Ddepartment within the Executive Branch.

(1) APPOINTMENT – The Ddirectors are appointed by the President and approved by the Senate (Chapter I).
(2) SUPERVISOR(S) – The Ddirectors are supervised by the President and Vice President.
(3) OVERSEES – The Ddirectors shall oversee all members of their respective department.

(F) LEGISLATIVE ADVOCACY OFFICER – The Legislative Advocacy Officer shall champion policies, both at the local and state level, that better the association.

(1) APPOINTMENT – The Legislative Advocacy Officer is appointed by the President and approved by the     Senate (Chapter I).

(2) SUPERVISOR(S) – The Legislative Advocacy Officer is supervised by the President and Vice President.

 

 

9.208.30 LEGISLATIVE OFFICERS –All officers that fall under the Legislative Branch of the association shall be outlined below.

(A) SENATE SPEAKER – The Senate Speaker shall serve as the head of the Legislative Branch and shall supervise all officers within the Legislative Branch.

(1) APPOINTMENT – The Speaker is elected by the Senate of the association.
(2) SUPERVISOR(S) – The Speaker is not supervised by any officer within the association.
(3) OVERSEES – The Speaker directs all officers and Senators within the Legislative Branch.

(B) SENATE CLERK – The Senate Clerk shall serve as an assistant to the Speaker and his/her duties shall be assigned by the Speaker.

(1) APPOINTMENT – The Clerk is appointed by the Speaker and approved by the Senate (Chapter II).
(2) SUPERVISOR(S) – The Clerk is supervised by the Speaker.

(C) COMMITTEE CHAIRS – The Senate Committee Chairs of each committee shall serve as head of each respective committee within the Legislative Branch.

(1) APPOINTMENT – The Committee Chairs are appointed by the Speaker and approved by the Senate (Chapter II).
(2) SUPERVISOR(S) – The Committee Chairs are supervised by the Speaker.
(3) OVERSEES – The Committee Chairs shall oversee all members of their respective committees.

9.308.30 JUDICIAL OFFICERS – All officers that fall under the Judicial Branch of the association shall be outlined below.

(A) CHIEF JUSTICE – The Chief Justice shall serve as the head of the Judicial Branch and shall coordinate all officers within the Judicial Branch.

(1) APPOINTMENT – The Chief Justice is appointed by the President and approved by the Senate (Chapter I).
(2) SUPERVISOR(S) – The Chief Justice is not supervised by any officer within the association.
(3) OVERSEES – The Chief Justice coordinates all officers within the Judicial Branch.

(B) ASSOCIATE CHIEF JUSTICE – The Associate Chief Justice shall coordinate all officers within the Judicial Branch in conjunction with the Chief Justice.

(1) APPOINTMENT – The Associate Chief Justice is appointed by the Chief Justice.
(2) SUPERVISOR(S) – The Associate Chief Justice is not supervised by any officer within the association.
(3) OVERSEES – The Associate Chief Justice coordinates all officers within the Judicial Branch in conjunction with the Chief Justice.

( C ) BEC CHAIR – The BEC Chair shall serve as head of the Board of Elections Commissioners.

(1) APPOINTMENT – The BEC Chair is appointed by unanimous decision by the Senate Speaker, President, and Chief Justice. As well as confirmation of the senate (III).

(2) SUPERVISOR(S) – The BEC Chair is not supervised by any officer within the association.

(3) OVERSEES – The BEC Chair coordinates all members of the BEC.

(4) REQUIREMENT – The BEC Chair shall not be an official member of the Senate, Judicial, or Executive branches in any way.

( D ) BEC VICE CHAIR – The BEC Vice Chair shall coordinate all officers within the BEC in conjunction with the BEC CHAIR.

(1) APPOINTMENT – The BEC Vice Chair is appointed by the Chair and a unanimous decision by the Senate Speaker, President, and Chief Justice. As well as confirmation of the senate (III).

(2) SUPERVISOR(S) – The BEC Chair is supervised by the BEC Chair.

(3) OVERSEES – The BEC Vice Chair coordinates all members of the BEC in conjunction with the BEC Chair.

Respectfully Submitted,

Benjamin J. Bolin – Operations Chair

Ben Levin – Senator

Dan Paterson – Senator

David Thibeau – Senator

Haden Gomez – Senator

Kate Hargis – Senator

Austin Wiedner – Senator