SA By-Laws Draft


Students’ Association By-Laws

PreambleWe the students of South Dakota State University, in order to establish a self-governing student body, and to promote the best interests of the students and the entire University, do set forth these laws.

Article I. NameThe name of this organization shall be the South Dakota State University Students’ Association, hereafter referred to as the Corporation.

Article II. PurposeSection 1. To govern in the best interests of the students, direct student organizations within the University’s purpose and structure, and represent the students before the University community and the citizens of the State of South Dakota, subject to the rules established by the Board of Regents of the State of South Dakota.

Section 2. To review bylaws and constitutions for all student organizations and to review proposed new bylaws and constitutions. These groups shall include by not be limited to student organizations and all branches of the Students’ Association.

Section 3. To manage, direct, and oversee the operations of student owned and/or funded facilities.

Article III. MembershipSection 1. All fee paying students of South Dakota State University shall be members of the Corporation.

Section 2. The Corporation shall not discriminate in any manner against any individual because of age, race, color, religion, sex, ancestry, disability, national origin, or sexual preference.

Article IV. Executive BranchSection 1. OfficersA. Elected Officers: The elected officers of the Corporation shall be the Corporation President and Vice President.B. Appointed Officers: The appointed, non-elected officers shall be:1. Administrative Assistant2. Finance Chairperson3. State and Local Government Committee Chairperson4. Other positions may be created by the elected officers with Senate consent.C. Eligibility1. At the time of the election, the Corporation President, Vice President, and appointed officers of the Corporation must fulfill and maintain the following requirements and maintain them throughout the term.a. Must be registered in at least six (6) credits at SDSU per semester.b. Must hold a minimum cumulative grade point average of 2.5 on a four (4) point scale.c. Officers must be in good conduct standing with the University.2. Candidates for the offices of President and Vice President may not be classified as freshman at the time of their nomination.D. Multiple Offices: No officer shall hold more than one office concurrently.E. Multiple Terms: Any officers may serve more than one term if re-elected or re-appointed.F. Training of Successors: All officers shall be responsible for training their successors at no extra cost to the Corporation.G. Simultaneous Office: Candidates for Corporation President and Vice President may not be candidates for the Senate at the same time and cannot hold both offices simultaneously.H. Attendance: All elected and appointed officers are required to attend all regular Senate and Board of Directors meetings. Any absences in excess of three (3) unexcused absences shall be grounds for removal. All excused absences must be approved by the President or in the case of a Presidential absence, by the Board of Directors. Removal shall follow procedures outline in Article V, Section 3, subsection K.I. Office Hours: All elected and appointed officers shall be required a minimum average of 15 hours per week in the Senate office in order to receive compensation, except the State and Local Government Chairperson, who shall be required a minimum of 5 hours per week in the Senate office.

Section 2. ElectionsA. Term of Office: Both elected officials shall hold office for the term of one year beginning on the third (3rd) Monday in March in the year they were elected and lasting until the third (3rd) Monday in March of the following year.B. Nominations 1. The Senate shall open nominations for slates for the offices of President and Vice President in a meeting not later than the fifth (5th) week preceding the Corporation election. 2. Nominations for a slate consisting of the presidential candidate and the vice presidential candidate shall remain open for a period of three (3) weeks. 3. Nominations shall close at a Senate meeting no later than two (2) weeks preceding the week of the election. 4. During the nomination period, nominations can be made at a Senate meeting by a Senator, by making a motion and receiving a second. 5. A slate may also enter the race by filing a petition signed by 5% of the members of the Corporation. 6. A petition is due at the same time as petitions for the Student Senate.C. Election Scheduling and Administration 1. The Senate shall set the election the second (2nd) week in December. 2. The election day shall not be earlier than the second (2nd) Monday in February nor later than the second (2nd) Friday in March. 3. The election shall be administered by the Board of Directors acting as the election steering committee. 4. All candidates shall abide by the election procedure and guidelines as laid out in the campaign guidelines manual created by the Election Steering Committee.D. Election Results 1. The slate receiving a plurality of votes cast shall be elected. 2. If no slate receives 30% or more of the votes cast, or ends in a tie, within an academic week a run off election shall be held between the two slates with the most votes.E. Write in Votes: Write in votes shall be considered void.F. Withdrawal 1. To withdraw, a slate must submit written notice to the Corporation Vice President. 2. Withdrawal of a slate shall be published in the Corporation newspaper by the Election Steering Committee.H. Vacancies 1. In the event of a vacancy in the office of President, the Vice President shall assume the duties of President. 2. In the event of a vacancy in the office of Vice President, the President shall appoint a Vice President with approval by two-thirds majority vote of the total Senate membership. 3. Upon simultaneous vacancy, the Senate shall elect a person to fill the office of President for the remainder of the term by a two-thirds majority vote of total membership. The election will take place within two weeks of the vacancy. The Administrative Assistant shall chair the Senate meeting until such an election is conducted.I. Removal by Senate 1. In the event than an officer no longer meets eligibility requirements or duties outlined in the bylaws, they can be removed by the Senate.a. The Board of Directors shall investigate the allegations and shall recommend action to the Senate.b. If the Board of Directors recommends removal, a vote of three-fourths of the total membership of the Senate shall be required for removal.c. Advisors will be responsible for monitoring eligibility requirements. J. Removal by Election 1. Petition a. Upon submission of petitions to the Senate calling for the removal of either elected officer and bearing the signatures of not less than ten (10) percent of the members of the Corporation, the Senate shall set a date for a special recall election to be held not less than two (2) weeks and not more than four (4) weeks after the receipt of the petitions. b. A two-thirds vote of the Corporation members voting shall be necessary to remove either elected officer. 2. Senate Vote a. Upon three-fourths vote of the total Senate membership, the Board of Directors shall set up a special election as outlined in Section J, subsection 1a, for the removal of either elected officer. b. Such a measure may not be vetoed by the Corporation President. 3. Scheduling of Removal Electionsa. The special election may not be held during the summer session nor during periods when classes are not in session.b. Notice of the elections must be published in the Corporation newspaper at least one (1) week prior to the election. K. Election Grievance Procedures1. The Corporation Senate shall maintain a document to be identified as the “Students’ Association Election Grievance Procedures”. This document shall fully describe all procedures pertaining to the administration and sanctions allowable for an election grievance.2. Approval of the document and any amendments must be completed annually prior to the second (2nd) week in December.

Section 3. PowersA. President1. Shall act as chief executive and shall execute the provisions of the bylaws and all regulations as adopted by the Senate. He/She shall hold the corporate seal and be responsible for carrying out of all Corporation duties as specified by the State of South Dakota. 2. The President (or his/her appointee) shall serve as chairperson of the Senate, Board of Directors, and the University Activity Fee Budgeting Committee. He/She shall be responsible for calling meetings. 3. No later than two weeks after the election, the President shall appoint non-elected officers and other salaried positions of the Corporation with approval of the Senate. 4. The President shall prepare and submit the annual Corporation operating budget to the Senate. The budget shall be forwarded to the Senate and University Activity Fee Budgeting Committee. 5. To oversee all Corporation expenditures. 6. To call the Senate into special session upon 24 hours notice. 7. Veto a. The President shall have veto power over all legislation except appointments and removal of officers and Senators. b. The President must notify the Senate of the veto within seven days or the bill will be considered passed.c. The Senate can override a veto by a two-thirds vote of those members present and voting. 8. To name a replacement to the Vice-President if he/she is unable to perform his/her duties and to hire and name a replacement for appointed officers. 9. The power to recommend removal of the Corporation Lawyer with two-thirds Senate approval.10. The power to form committees. B. Vice President 1. To fill the office of President in the event the office becomes vacant. 2. To carry out any duties as deemed necessary by the President. 3. Shall have full voting privileges at Senate meetings. 4. To supervise the activities and actions of all committees with Corporation membership.5. To supervise the Election Steering Committee. 6. Shall assume chair responsibilities during removal actions against the President.C. Administrative Assistant 1. To serve as a special assistant to the Corporation President and Senate. 2. Must attend Senate meetings and is subject to Senator attendance policy. 3. Shall not make motions, debate, or vote unless he/she is a Senator. 4. Shall act on all directives given by the President and Senate. 5. Shall serve as non-voting member of Board of Directors. 6. Shall monitor and manage all general procedures and daily functions of the Corporation’s main office. 7. Shall supervise all Office Assistants and other salaried personnel who have not been elected or appointed. 8. Shall coordinate and administer all regular and special elections in conjunction with the Election Steering Committee, except in such cases as their name appears on any of the election ballots. 9. Shall act as official recorder of minutes for all regular meetings, or shall supervise personnel salaried to transcribe such minutes, and shall distribute agendas and minutes in a timely manner. 10. Shall update the Students’ Association Code and the Corporation Bylaws.D. Finance Chairperson1. Shall act as a liaison between the Corporation and groups funded by the Corporation.2. Must attend Senate meetings and is subject to Senator attendance policy. 3. At Senate meetings may make motions and debate on budgetary matters only, unless he/she is a Senator and shall not have a vote unless he/she is a Senator. 4. Shall act on all directives given by the President or the Senate. 5. To sign all orders on the treasury for the disbursement of Senate funds. 6. Shall be responsible for maintaining the Corporation’s financial records. 7. To present a monthly summary of the Corporation operating expenditures to the Senate for informational purposes. 8. To monitor, on behalf of the Senate, the expenditures of fees approved and authorized by the University Activity Fee Budgeting Committee.9. Shall see that the SDSU Accounting Office receives a copy of all finalized, categorized budgets of organizations that are funded by student fees. 10. Shall serve as non-voting member of Board of Directors. 11. Must submit reports on all budget requests to the Corporation newspaper one week prior to that request’s Corporation hearing. 12. Shall meet with Senators before the budgeting process begins and explain how it functions.E. State and Local Government Committee Chairperson 1. Shall act as the liaison with state, local, and other government agencies. 2. Must attend Senate meetings and is subject to the Senator attendance policy. 3. Shall act on all directives given by the President or the Senate. 4. To represent the Corporation as an ex-officio at the meetings of Downtown Brookings, Incorporated (DBI), Brookings Convention and Visitors Bureau (CVB), Brookings City Council, and other legislative meetings during the academic year determined necessary by the President or Senate. 5. Shall maintain a minimum of five in office hours per week plus attending mandatory meetings as outlined in Section 3, subsection E, 4.6. Shall not make motions, debate, or vote unless he/she is a Senator.

Section 4. Professional EmployeesA. Corporation Lawyer 1. Shall act according to the yearly contract signed by the Corporation Lawyer and Corporation President. 2. Shall report and be responsible to the Corporation President. 3. Shall provide appropriate legal services for Corporation members as determined by the Senate. 4. Shall work with the Off-Campus Housing Director in resolving landlord-tenant conflicts. 5. When a vacancy in the position of Corporation Lawyer occurs, the following procedures must be employed in the search and screening: a. The Corporation President shall appoint a committee consisting of at least one representative of the Dean of Student Affairs, and the Off Campus Housing Director. Others may be appointed at the discretion of the Corporation President. b. Upon conclusion of the selection process by committee, they shall recommend at least one candidate for employment to the Corporation President.c. The candidate will then be forwarded to the Senate for two-thirds approval.

Section 5. Duality of OfficeA. No person shall hold more than one of the following positions concurrently: Corporation President, Corporation Vice President, Administrative Assistant, Finance Chairperson, State and Local Government Committee Chairperson, or other Corporation appointed officers, Corporation Newspaper Editor, Corporation Newspaper Managing Editor, Corporation Radio Station Manager, University Program Council President, University Program Council Vice President, or University Program Council Coordinator.

Article V. Legislative BranchSection 1. Student SenateA. Governing Body: The governing body of the Corporation shall be the Student Senate.B. Definition: The Senate shall be a single body consisting of the representatives elected or appointed from each of the seven colleges and the Graduate School within the University.C. College Composition: The colleges shall be Agriculture and Biological Sciences, Arts and Science, Engineering, General Studies, Family and Consumer Sciences, Nursing, Pharmacy, and Graduate School. Students not representing a specific college or the Graduate School will only be considered according to Article V, Section 2E.6.D. Eligibility1. All Corporation Senators must fulfill at the time of the election and maintain the following requirements: a. Must be enrolled in the college or division he/she represents at the time of the election. b. Must remain in the college in which he/she was elected for the remainder of the spring and following fall semester after the election. c. Must be registered as a full-time student. d. Must hold a minimum cumulative grade point average of 2.5 on a four point scale. e. Must be in good conduct standing with the University.2. Senatorial candidates who are enrolled in the Graduate School or are graduating seniors who prove that they have applied or will be attending the Graduate School at the University in the fall semester must campaign under the Graduate School. E. College Apportionment: The number of Senators from each college shall be determined once each year according to the Corporation membership at the end of the fall semester and in the following manner. 1. Each college will be allocated one Senatorial seat for each four percent (4%) of the Corporation membership enrolled in the college. Any resulting fraction of a seat greater than one-half (0.5) shall grant that college an additional senatorial seat. No college shall be apportioned less than three Senators. F. Senator Duties 1. Shall act as a representative of college he/she was elected by. 2. Shall sit on a minimum of two University Committees. 3. Shall sit on a minimum of one Senate standing committee. 4. Shall maintain a minimum of two office hours per week. 5. Shall attend all Senate and assigned committee meetings in accordance with Article V, Section 3.K. 6. Shall fulfill duties designated by the Senate. 7. Shall attend a minimum of one Board of Regents meeting, or Students for Higher Education Days (SHED). 8. Special allowances to these duties may be granted by the Board of Directors. G. Additional Representatives 1. Additional representatives shall be identified as ex-officio members and shall submit a written registration to the Corporation. a. Criteria: Organizations to be designated as ex-officio organizations shall meet the following criteria: 1. Shall be recognized and active student organizations. 2. Should not be an organization with a partisan political or political or religious issue focus. 3. Should not represent constituencies already represented by currently elected or appointed Senators. 4. In their written registration, should provide adequate evidence that they would otherwise remain underrepresented if not given an ex-officio position. 5. Should represent an entire population and not a specific faction of that population. 6. Once granted a position the organization must provide in their organizational bylaws and/or constitution an officer or appointee that shall serve as an ex-officio. The organization shall be granted a period of one year to enact any changes necessary or the granted position shall be revoked. 2. Ex-officios are required to abide by the attendance policy outlined in Article V, Section 3, subsection K3 of the Corporation Bylaws. 3. Duties of ex-officios include: a. All normal duties and speaking privileges of Senate membership with the exception of voting. b. Providing at least a monthly report of activities of the their organization. 4. Ex-Officio members who fail to comply with the attendance policy or any of the above listed duties shall be removed in the following manner: a. The ex-officio’s organization shall be notified of the member’s delinquency and asked to replace the member. b. If an organization refuses to send a new representative the seat shall be suspended for the remainder of the current term.c. Any organization that leaves a seat vacant for a period of one (1) year or more shall have representation removed.

Section 2. ElectionsA. Nominating Procedures1. Candidates shall be nominated by petition to be available for distribution not later than the fifth (5th) week preceding the Corporation elections.2. Petitions shall be signed by fifty (50) Corporation members in the candidate’s college or division, or five percent of the college, whichever is less, with the exception of the Graduate School where candidates need twenty five (25) signatures.3. Petitions must be filed in the Corporation office no later than 10:00pm on Monday of the second (2nd) week preceding the Corporation elections.4. The Election Steering Committee will check for the validity of the petitions.5. The names of the candidates shall be published in the issue of the Corporation newspaper following the filing deadline.B. Election Results1. Individuals receiving the largest number of votes shall fill accompanying seats for respective colleges (i.e. the top three vote recipients would be elected if a college holds three seats).C. Tie Votes1. In the case of a tie vote for the last position in the college to be filled, a run off election shall be held between the tied candidates not later than fourteen (14) days after the first election.D. Withdrawal from Election1. Written notice must be submitted to the Corporation Vice President.2. Withdrawal of a candidate shall be publicized by the Election Steering Committee.E. Term of Office1. Members of the Senate shall be elected by the Corporation members for a term of one year, coinciding with the terms of the Corporation’s President and Vice President.2. Incoming Senators shall assume their duties each year on the third (3rd) Monday in March.3. Any member may be elected for more than one term.F. Vacancies1. In the case of a vacancy in the Senate, the Senate will interview candidates for the open positions. Interviews will be held no later than the third week after the election.2. The Senate shall approve the selections by a two-thirds vote of the members present.3. All applicants who wish to be considered a candidate for a vacancy must petition fifty (50) signatures or ten percent (10%), whichever is less, with the exception of the Graduate School which needs twenty five (25) signatures or ten percent (10%), whichever is less, from the Corporation members.4. Designated seats not filled by the respective college through the Corporation election process and shall be immediately open after the elections to at-large students who will represent SDSU.5. At Large Senators are elected to represent the students of SDSU as a whole and not the college in which they are enrolled.

Section 3. Powers of the Senate A. The Senate shall have the responsibility to promote student interests of South Dakota State University. B. Shall fill student membership on University committees in accordance with policy as set forth by University President and the Academic Senate. C. Shall review all budget requests and cooperate with the University Activity Fee and Budget Committee to recommend expenditures and the student activity fee to the President of the University. D. Legislation 1. No legislative act shall violate the bylaws of the corporation. 2. All legislation shall be recorded as wither an ordinance or a resolution. a. Ordinances 1) Any formal action taken by the Senate that affects the operation of the Senate and/or the Corporation shall be known as an ordinance. 2) An ordinance, until altered by subsequent acts of the Senate, is a legislative act that binds both current and future legislative action. b. Resolutions 1) Any act taken by the Senate of a temporary character or for the purpose of requesting or commending action by organizations or persons outside the authority of the Corporation or for the purpose of recommending a funding allocation to the University Activity Fee and Budgeting Committee shall be known as a resolution. 3. Voting a. Ordinances 1) Ordinances shall receive two readings before the Senate no less than seven calendar days apart. 2) Ordinances failing initial passage may require no further legislative action. 3) Ordinances failing secondary passage shall receive no further legislative action for the remaining academic year. 4) The Senate chairperson shall have discretion whether amendments incurred at a second reading significantly affect the intent of a given ordinance as to warrant an additional reading. 5) Ordinances may be approved following the first hearing, if an emergency is declared and two-thirds of the elected members or Senate approve the ordinance(s). 6) Upon enactment, ordinances may be amended or repealed by a majority vote following prescribe rules of conduct. 7) The first reading of an ordinance shall only require a majority vote of the Senate. Second readings shall require a majority vote by roll call. b. Resolutions 1) Resolutions may be passed following one reading. 2) Upon enactment, resolutions may be amended or repealed by majority vote. 3) It shall be the discretion of the Senate chairperson whether resolutions shall be voted by roll call or as a committee of the whole.4. Proposal of Legislation a. Upon enactment, new legislation that conflicts with existing resolutions and ordinances shall have precedence. b. Legislation shall require the sponsorship of at least two members of the Corporation one of which shall be a voting member of the Senate. c. Legislation may also be initiated by means of a petition. 1) Petitions shall require the signatures and identification numbers of 100 members of the corporation. 2) All petitions must be filed with the Corporation President a minimum of three calendar days prior to the next meeting of the Senate. 5. Documentation a. Proposed legislation must designate in typewritten form: the date, whether it is a resolution or an ordinance, the name of the sponsors, a title, and a description of the proposed legislation. b. The Corporation newspaper and radio station shall be notified of proposed ordinances both prior and following second reading. c. The Corporation newspaper and radio station shall be notified, when possible, of proposed resolutions and shall be notified following Senate reading. d. Upon enactment, ordinances and resolutions shall be maintained in a document to be known as the Students’ Association Code. F. Meetings 1. The Senate shall hold weekly meetings while school is in session. 2. The Senate has the power to call special meeting upon 24 hours notice, by submitting to the President a written request signed by one-fourth of the total Senate membership. A quorum of at least one-half of the total Senate membership shall be needed to conduct business. G. Robert’s Rules of Order, Newly Revised, shall be the parliamentary authority. H. College Caucuses 1. Shall be formed by each of the elected colleges or divisions. 2. Caucuses shall consist of all Senators representing that college or division. 3. The caucus member chosen as representative to the Board of Directors shall be chairperson of the caucus. 4. The caucus shall convene at least once a semester. The caucus shall provide an opportunity for collegiate student groups in their college or division to present information as deemed appropriate to further the Senator’s ability to represent every constituent. Caucus meeting time shall be publicized with adequate notice. 5. At the first and last Senate meeting of the semester, the President shall include a Senate agenda item that provides Board of Director members an opportunity to report on activities in each college caucus.J. The Senate shall have the power remove the President or Vice President in the manner outlined previously.K. The Senate may remove any officer it appoints or approves, by a three-fourths majority of the total senate membership.

L. Removal of Senators 1. If a Senator has failed to fulfill his/her duties, the Senate may take action to remove the Senator from office. 2. A motion to initiate removal proceedings may be made by any Senator and must have a second to be entertained by the chair. 3. Following the motion and second, the chair must send out written notification to the Senator that removal proceedings have been initiated against within three (3) days. 4. At the regular Senate meeting following the meeting when removal proceedings were initiated, a hearing will be conducted in front of the entire body, where the Senator will have the opportunity to explain him/herself. 5. In order to remove a Senator from office, three-fourths of the total Senate membership must vote for removal.6. Removal Announcement: The Board of Directors must announce the possible removal of the Senator at a regular Senate meeting at least one week prior to the removal vote.M. Removal Election 1. A removal election shall be held in an individual college upon the receipt by the Senate of a petition signed by (10%) of the Corporation membership in the Senator’s college, calling for the removal of that Senator. 2. The proposed election shall be held not less than two (2) or nor more than four (4) weeks after the date of presentation of the petition. 3. These weeks shall exclude summer session. 4. Notice of the removal election shall be published in the Corporation newspaper at least one week prior to the election. 5. It shall require two-thirds of the votes cast to remove the representative from office. 6. Eligibility: Senators will automatically be removed if previously stated eligibility requirements are not met and maintained. Special allowances may be granted by the Board of Directors.7. Filling Vacancies: In the case of a Senator being removed, the vacancies shall be filled according to the Corporation By-Laws.N. Attendance 1. The Senator being removed has more than three (3) unexcused absences from Senate or committee meetings. Excused absences must be approved by the Corporation President and/or Vice President. a. Guidelines for absences from any regular Senate meeting shall be as follows: 1). Acceptable Absences: 1. sickness 2. conflict with testing 3. family emergency 4. Adverse weather conditions 5. Univ. excused absence 2). Unacceptable Absences: 1. studying for a class/test 2. employment obligations 3. other campus organization meetings 4. failure to remember scheduled meeting time, place, etc.

b. Failure to proxy a vote for an excused absence from any meeting shall automatically result in an unexcused absence.c. All of the above guidelines are subject to the discretion of the Corporation President and/ or Vice President. 2. Removal may also be necessary if Senatorial duties are not fulfilled, as stated in Article V, Section 1, F.O. To form committees on a need basis. P. To select a representative to sit on the Board of Directors by each college caucus. Q. To amend By-Law in a manner consistent to the By-Laws. R. To nominate Corporation Presidential and Vice Presidential candidates. S. To set election dates within guidelines stated in the Corporation By-Laws. T. To approve Corporation office expenditures totaling over $250. U. To review By-Laws changes in student organizations. V. To serve on standing committees of the Senate created by the President.

Section 4. Board of Directors A. Membership 1. Shall consist of the Corporation President, who shall serve as chairperson, Vice President and one Senator from each college as voting members. 2. All appointed officers shall be non-voting members. B. College Representative: Within three weeks after the Senate convenes, the Senators of each college shall caucus and select one representative to serve on the Corporation Board of Directors. C. Duties 1. Serve as the Corporation Committee on Committees, recommending for Senate appointment the student members on all committees with Corporation representatives. 2. Shall direct, with Senate approval, all legal activities and all actions involving legal consultation, lawsuits, and court actions. 3. May act in lieu of the Senate if there are compelling reasons that the Senate cannot be called into session. There will be a review of the action at the next regular meeting of the Senate. 4. Shall act as the Election Steering Committee for the operation of all elections.

Section 5. Advisors A. University President: The Senate shall include the University President or their appointee as an ex-officio, non-voting advisor to the Senate. B. Faculty and Administrative Advisors: The Senate shall select its own advisors. Two advisors shall be selected from the faculty or administration of the University. C. Senate Choice: The Senate shall review annually the role of the Advisors. The advisors shall serve staggered, two year terms, and may be reappointed. D. Duties: Advisors shall serve as resource personnel to the Corporation of officers and Senate.E. The Corporation will have an advisor registered with the Department of Student Activities.

Article VI. Corporat