constitution
Constitution
We, the undergraduates of Saint Mary’s College of California, an integral part of the College community, must take an active role in deciding its policies and priorities.
We strive to be active in the Catholic, Lasallian, and liberal arts traditions of this institution. To this end, we constitute an undergraduate government to represent students; to promote student morale and interaction; to ensure an active role for students in deciding College policies and priorities; to oversee all student media and organizations; and to safeguard student rights.
Article I The Association
Section 1.01 Name
The name of the traditional undergraduate government shall be the Associated Students of Saint Mary’s College of California, hereafter referred to as the Associated Students. The undergraduate population as a whole shall be hereafter referred to as the Association.
Section 1.02 Authority
The authority of this constitution is the basis for the conduct of all business in the Associated Students. The Association constitution, bylaws, and election code, shall form the authoritative base for all government policies. The final authority of the Association shall in perpetuity be vested in the members of the Association and enumerated by this constitution, superseding all other official documentation of the Associated Students.
Section 1.03 Membership & Organization
- All registered undergraduate students of Saint Mary’s College of California, shall be members of the Association.
- All undergraduate student organizations may petition to be recognized by the Associated Students.
- There are three branches of the Association government: executive, legislative, and judicial.
Section 1.04 Rights of Membership
- Each member of the Association shall be entitled to all rights guaranteed in the Association Bylaws.
- Each member of the Association shall be entitled to one vote in elections in which he or she is a constituent.
Section 1.05 Representation
The Association government shall be the primary representative of the traditional undergraduate student body at Saint Mary’s College of California.
Section 1.06 Freedom of Information
- All records of any Association entity must be available for review by the College community with the exception of proprietary business information of the Association, legal counsel records, and personnel records of employees. Every other Association organization must allow open access to all records.
- All meetings of the Association legislative branch, with the exception of committee of the whole meetings, committees and boards, shall be open for observation to all members of the Association. Committees and boards may be open to observation at the discretion of the body’s chair.
- All open minutes of meetings of Associated Students Legislative Branch must be made available with all due haste.
Article II The Executive Branch
Section 2.01 Executive Authority
The executive authority of the Association shall be vested in the Executive Council of the Associated Students.
Section 2.02 Composition
The Executive Council shall be composed of the Associated Students President, the Vice President for Administration, the Vice President for Student Affairs, and the Vice President for Finance.
Section 2.03 Executive Council Meetings
The Executive Council shall meet at the discretion of the Associated Students President.
Section 2.04 Associated Students President
The Associated Students President shall be the chief executive officer of the Saint Mary’s College Association, and the head of the Associated Students government.
The President shall be granted all rights enumerated in the bylaws.
- The President shall perform all duties prescribed in the bylaws.
- The President shall be elected by the process outlined in the bylaws and election code.
Section 2.05 Associated Students Vice President for Administration
The Associated Students Vice President for Administration shall be the chief operating officer of the Saint Mary’s College Association, and the Chair of the Associated Students Senate.
- The Vice President for Administration shall be granted all rights enumerated in the bylaws.
- The Vice President for Administration shall perform all duties prescribed in the bylaws.
- The Vice President for Administration shall be elected by the process outlined in the bylaws and election code.
- The Vice President for Administration shall assume the office of President in any case of Presidential vacancy.
Section 2.06 Associated Students Vice President for Student Affairs
The Associated Students Vice President for Student Affairs shall be a specialized operating officer of the Saint Mary’s College Association and oversees all organizations and media recognized by Associated Students.
- The Vice President for Student Affairs shall be granted all rights enumerated in the bylaws.
- The Vice President for Student Affairs shall perform all duties prescribed in the bylaws.
- The Vice President for Student Affairs shall be elected by the process outlined in the bylaws and election code.
Section 2.07 Associated Students Vice President for Finance
The Associated Students Vice President for Finance shall be the chief financial officer of the Saint Mary’s College Association, and the overseer of all financial processes.
- The Vice President for Finance shall be granted all rights enumerated in the bylaws.
- The Vice President for Finance shall perform all duties prescribed in the bylaws.
- The Vice President for Finance shall be elected by the process outlined in the bylaws and election code.
Section 2.08 Succession
- Vacancies in any Executive Council position shall be resolved in accordance with the bylaws.
Section 2.09 Terms of Office
- The Executive Council shall assume office at noon on May 1.
- All Officers serve one-year terms.
- Provided the qualifications outlined in the bylaws are met, there are no term limits.
Article III The Legislative Branch
Section 3.01 Representative Authority
The legislative authority of the Association shall be vested in the Associated Students Senate.
Section 3.02 Composition
The Associated Students Senate shall be composed of twenty-eight members. Each undergraduate class shall elect a president, vice president, and five senators. Each elected representative shall be eligible to one vote each in all legislative and procedural matters. The Vice President for Administration, shall vote only in the case of a tie.
Section 3.03 Senate Resolutions
- Resolutions are the official documentation of the will of the student body of Saint Mary’s College as approved by the elected Senate. General resolutions require an affirmative majority for passage, and do not take effect until approved by the President.
Section 3.04 Speaker of the Senate
The Senate shall elect a Speaker amongst itself to serve as the chief representative of the Senate.
- The Speaker shall be granted all rights enumerated in the bylaws.
- The Speaker shall perform all duties prescribed in the bylaws.
- The Speaker shall be elected by the process outlined in the bylaws.
Section 3.05 Senate Chair
- The Vice President for Administration shall preside over all meetings of the Associated Students Senate.
- The Vice President for Administration may yield control of any meeting to the Speaker of the Senate.
- The Speaker of the Senate shall serve as presiding officer of the Associated Students Senate in the absence of the Vice President for Administration.
- The senior class president shall serve as presiding officer in the absence of both the Vice President for Administration and the Speaker of the Senate.
Section 3.06 Rights and Responsibilities
- The Senate shall reserve the right to pass resolutions by affirmative majority vote, and override any presidential veto by two-thirds affirmative vote, in accordance with the bylaws at any Senate Meeting or General Assembly.
- The Senate shall reserve the right to create, supervise, or dissolve any club, organization, or media of the Association, in accordance with the constitution and bylaws.
- The Senate shall reserve final review of any and all decisions of the Association Boards.
Section 3.07 Senate Meeting Structure and Notice
A. Quorum
- Quorum shall be defined as two-thirds of the voting members of the senate present and voting.
- No official business or official voting can take place if there is a lack of quorum at any time during the meeting.
Section 3.08 Boards and Committees
Standing boards and committees exist and function as stated in the bylaws. New boards and committees can be created by means stated in the bylaws.
Section 3.09 Discipline
A member of the Senate may be dismissed from office only in the following ways:
- Senators shall be placed on probation or expelled only through means expressed in the bylaws and election code.
- Any member of the government ineligible because of a violation of the Student Code of Conduct shall be removed in a method consistent with the bylaws.
- The Association may vote to recall the member of the Senate, in accordance with the bylaws and election code.
- The Senate may, by a two-thirds affirmative vote, expel a member of the Senate, by a docketed resolution. The member named in the expulsion resolution shall have the right to speak in his or her defense before the vote takes place.
Article IV The Judicial Branch
Section 4.01 Judicial Authority
The judicial authority of the Association shall be vested in the Judicial Tribunal of the Associated Students.
Section 4.02 Purpose
The Judicial Tribunal shall hear and make determinations concerning all petitions and appeals arising from the action or lack of action of any officer, representative, or any group of officers and/or representatives. The Judicial Tribunal shall uphold the constitution, bylaws, election code, and the Saint Mary’s College of California student code of conduct.
Section 4.03 Composition
- The Associated Students Judicial Tribunal shall be composed of five justices. Among them, a Chief Justice shall preside over the Judicial Tribunal.
- No member of the Executive or Legislative Branch shall serve as a justice.
- No Association member appointed to any Senate Board shall serve as a justice.
- No Association organization president or media head shall serve as a justice.
Section 4.04 Appointment
- The Associated Students President shall nominate all members of the Judicial Tribunal in accordance with the bylaws.
- All appointees must be confirmed by a two-thirds affirmative vote of the Senate.
Section 4.05 Rights and Responsibilities
- The Judicial Tribunal shall adjudicate all cases where the constitutionality of an act by member of the Association government is called into question. Additionally, the Judicial Tribunal shall be a finder of fact in cases of Senator Discipline.
- Tribunal Members shall also serve as members of the Disciplinary Hearing Board.
- The Judicial Tribunal shall identify a plaintiff and defendant in all cases. Both the plaintiff and defendant shall be allowed to speak on their own behalf during their hearing.
- The Judicial Tribunal shall make its ruling by majority vote.
- All decisions of the Judicial Tribunal shall be understood as final interpretations of the constitution, and bylaws and may be cited in establishing precedent for future cases.
Article V Elections
Section 6.01 Election Mandates
The Associated Students shall conduct at least two general elections per year. One general election shall be in fall, and one general election shall be in spring. The Executive Council election shall be held in the spring. Run-off elections may be held in those races that are not satisfactorily determined, in accordance with the constitution, bylaws, and election code.
Section 6.02 Election Commission
The Election Commission shall be responsible for ensuring the legitimacy of election candidates, procedures, and results, in accordance with the constitution, bylaws, and election code.
- Composition
- The four Executive Councilors shall serve on the Commission. Where possible, two senators from each class delegation shall serve on the Commission. The appointment of the Senators shall follow the process prescribed in the bylaws.
- The Vice President for Administration shall serve as Chair of the Election Commission.
- Vacancies on the Election Commission shall be filled in accordance with the bylaws.
Section 6.03 Procedure
Elections shall be conducted in accordance with the Constitution, Bylaws, Election Code, Student Code of Conduct, and pertinent College policies.
Article VI Finance
Section 7.01 Policy
The finance policies of the Associated Students shall adhere to Generally Accepted Accounting Principles (G.A.A.P.), the Constitution, Bylaws, and pertinent College policies.
Section 7.02 Association Fee
- All members of the Associated Students, as defined under Article I, shall pay student body, which shall serve as the principle source of revenue for the Association.
- The student body Fee shall be recommended to the College Board of Trustees and affirmed by a majority of the Finance Committee, and subsequently, the Senate.
- Students who are enrolled on a per-credit basis shall be billed yearly according to a formula approved by the majority of the Senate, at the recommendation by the Finance Committee
Section 7.03 Documentation
The Finance Board shall present the following documents for Senate confirmation:
- Budget Allocation Framework – estimate of allocation of funds to expenditure categories to be determined by the Finance Committee. To be presented to the Senate at least two weeks prior to the introduction of the Annual Association Budget.
- Annual Association Budget – formal allocation of funds to Association entities. To be presented and approved by the Senate prior to May 1.
Article VII Amendment and Adoption
Section 8.01 Amendments
Definition
- An amendment shall be defined as any change to the spirit, wording or purpose of the Associated Students Constitution and supporting documentation. Proposal of a new constitution shall be brought before voters, ratified, and approved in the manner outlined for amendments.
Proposal
- Amendments to the Constitution can be made through two avenues:
- Amendments to the Constitution may be proposed in the Associated Students Senate through a resolution. A two-thirds affirmative majority is required for passage in the Senate. The amendment shall be incorporated directly into the Constitution upon approval of the Saint Mary’s College Vice Provost for Student Life, or his or her designee.
- Amendments to the Constitution may be proposed through petition of one-fourth the members of the Association. The petition shall be presented to the Vice President for Administration, who shall submit the amendment to the Association for ratification. A two-thirds affirmative vote is required for passage. The amendment shall be incorporated directly into the Constitution upon consultation with the Saint Mary’s College Vice Provost for Student Life, or his or her designee.
Notice
- All proposed amendments must be posted and made available to the Association at least one week prior to the Constitution ratification vote.
Adoption
- The Amendments to this Constitution shall become effective immediately upon adoption by the Association. It nullifies and supersedes all previous Constitutions.
