Bylaws Review Help?

[Guest Guest Student]

Hello,

I'm a member in my school's Student Senate, and I've been assigned to write and update the bylaws for the next academic year. I've written a draft, but I wanted to run it by the parliamentarians on this forum to make sure that I haven't included anything with unintended side affects. I've modified it to remove all references to my institution, but other than that it's exactly how it will be submitted for consideration. I've attached my reasoning and intentions for most parts at the bottom of this post. It's a long post, but I didn't see any way to put things in a spoiler. Sorry for the wall of text!

 

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Bylaws of the [SCHOOL] Student Government Association Senate

ARTICLE I

Name

The name of this body is the “[SCHOOL] Student Government Association Senate.”

Section 1. Short Form Names

The acceptable short versions of this body’s name include, but are not limited to, “SGA Senate,” “[SCHOOL] SGA Senate,” “Student Senate,” and “Senate.”

ARTICLE II

Members

Section 1. Classes of Members.

This body shall have two classes of members: Senators and Directors.

Section 2. Eligibility for Membership

Individuals are eligible for membership through the procedures outlined in the Constitution of the [SCHOOL] Student Government Association.

Section 3. Dues

Members are not required to pay dues to maintain membership status.

Section 4. Membership Requirements.

Members are required to attend all meetings of this body. If a member is unable to attend a meeting of this body, the member shall notify the speaker no later than 24 hours before the meeting in order to be excused from the meeting.

Section 5. Discipline

This body’s disciplinary procedures follow the regulations of the parliamentary authority established by Article VII below, except when otherwise specified in these bylaws.

Subsection A.

No fines may be imposed to enforce any disciplinary procedure, except when required by the policies of the [SCHOOL].

Subsection B.

If the member does not timely give the notice required under Article II, Section 4 and does not arrive to the meeting before adjournment, the member is deemed absent and the speaker or the speaker’s designee shall notify the absent member within two academic days that they have missed a meeting. If no other business is pending during the meeting immediately following the absence, any member may offer a debatable, nonamendable motion to consider an absent member excused due to extenuating circumstances, which requires a second and a three-fifths majority of the present members voting in the affirmative to pass. If the motion passes, the secretary shall strike the absence from the record, which will have no effect on the results of any votes from the previous meeting.

Subsection C.

If a member is absent from two meetings in a single semester, when no other business is pending the presiding officer may present a debatable, nonamendable motion of penalty addressed to the offending member requiring them to apologize to the next meeting of this body and requiring the speaker to write and inform the offending member of the penalty within two academic days. The motion of penalty requires a second and the majority of the present members voting in the affirmative to pass.

Subsection D.

If a member is absent from three meetings in a single semester or absent from three consecutive meetings, then when no business is pending and no member wishes to present business the presiding officer shall offer a debatable, nonamendable motion to censure the absent member, which requires a second and a two thirds vote by ballot to pass. If the motion passes, the speaker shall transmit a paper copy of the censure resolution to the offending member within two academic days following the vote.

Subsection E.

If a senator has been absent from four meetings in a single semester or absent from four consecutive meetings, at the next meeting the presiding officer shall introduce a motion immediately after the roll is called to expel that senator, which is nondebatable, nonamendable, does not need to be seconded, and requires a two-thirds vote by ballot to pass. If the motion passes, the senator is deemed immediately expelled, and the speaker shall send written notification to the former senator within one academic day following the vote.

Subsection F.

Directors serve at the pleasure of the President of the [SCHOOL] Student Government Association and may not be expelled by this body.

Section 6. Resignation.

Subsection A.

If a Senator wishes to resign from their office, they must hand a letter to the speaker stating the reasons for the resignation and its effective date. Email is not an alternative to a hard copy letter. The speaker may not refuse a resignation.

Subsection B.

Directors may only resign in accordance with the policies outlined in the Constitution of the [SCHOOL] Student Government Association.

Subsection C.

The speaker shall inform this body of any resignations during the meeting following receipt of a letter of resignation.

 

ARTICLE III

Officers

Section 1. Officers.

The officers of this body are a speaker, a secretary, and a parliamentarian.

Section 2. Nominations and Elections.

Subsection A.

The speaker may be nominated by any member of this body. Members may nominate themselves. To accept the nomination, the candidate for speaker shall fill out an online application. Before the vote, all candidates must have the opportunity to speak before this body and make the case for their candidacy. To win the office of speaker, a candidate must win a plurality of the vote.

Subsection B.

The president of the Student Government Association at [SCHOOL] may appoint a secretary for this body.

Subsection C.

The speaker may nominate a candidate for parliamentarian. A majority vote is required to confirm the nomination.

Section 3. Ballot Elections and Term of Office.

All elections for offices must be held through a secret ballot. The term of office for each officer is a single academic year. Officers may run for reelection, following the same procedures as any other candidate.

Section 4. Limitations.

Each officer may hold only one office at a time. The secretary and parliamentarian may not be members of the body, may not preside over meetings. Directors are not eligible to hold any office of this body, and are not considered officers.

Section 5. Vacancies.

If there is a vacancy in the office of speaker, the first order of business at the next meeting is to nominate and elect a new speaker. If there occurs a vacancy in any other office, at the next meeting the speaker may nominate a candidate to fill the vacant office for the remainder of the term, which requires a majority vote to confirm.

Section 6. Removal from Office.

The speaker may be removed from office in accordance with the procedures outlined in the constitution of the [SCHOOL] Student Government Association. The secretary and parliamentarian may be removed from office with or without cause by a two-thirds vote at a regular meeting where previous notice of the vote has been given to the body.

ARTICLE IV

Duties of Officers

Section 1. Speaker

The speaker shall conduct the meetings, train the next speaker in their duties, communicate with members in accordance with Article II, consult with the parliamentarian to ensure that all meetings follow Robert’s Rules of Order, notify members of meetings, and shall work with the other officers as needed to execute the duties of office.

Subsection A.

When in attendance at a meeting, the speaker shall serve as presiding officer. If the speaker wishes to participate in debate, they may nominate any member as the presiding officer for the duration of the main motion.

Subsection B.

If the speaker is absent from a meeting, the President of the [SCHOOL] Student Government Association shall serve as presiding officer.

Subsection C.

If both the speaker and the President are absent from a meeting, the Vice President of the [SCHOOL] Student Government Association shall serve as presiding officer.

Subsection D.

If the speaker, President, and Vice President are all absent from a meeting, the body shall nominate a temporary speaker to serve for the duration of the meeting. Only members may serve as temporary speaker.

Subsection E.

If the speaker, President, Vice President, and all members are absent from a meeting, the most sober campus police officer who is not less than three years out on parole shall serve as presiding officer.

Section 2. Secretary

The secretary shall keep and publish the minutes of each meeting, record the roll, notify members of meetings if the speaker is unable to, correspond on behalf of the body, market and publicize the work of this body, and work with the other officers as needed.

Section 3. Parliamentarian

The parliamentarian shall be an expert in rules of order and the proper procedures for the conduct of meetings of deliberative assemblies. The parliamentarian shall assist the speaker and members in the drafting and interpretation of bylaws and rules of order and in the planning and conduct of meetings. The parliamentarian shall consult the governing documents of the Student Government Association, the bylaws of this body, the parliamentary authority, and any standing rules in order to render an opinion on the rules when asked. The parliamentarian shall work with the other officers as needed.

Section 4. Other Duties

The officers shall perform all applicable duties outlined in the Constitution of the [SCHOOL] Student Government Association, these bylaws and other acts of this body, and such other duties applicable to the office as prescribed by the parliamentary authority adopted by this body.

ARTICLE V.

Meetings

Section 1. Regular Meetings.

The regular meetings of this body are held every second Friday during the Fall and Spring semesters, unless ordered otherwise by a vote at the previous meeting. The first meeting of each school year shall be held no later than the third Friday of the Fall semester. The first meeting of each calendar year shall be held no later than the second Friday of the Spring semester. Meetings shall occur no less than once every three academic weeks. The secretary shall email a call to the meeting three days prior to the meeting. Unless specified otherwise in the Constitution of the [SCHOOL] Student Government, these bylaws, or in the parliamentary authority, all votes require a majority to be adopted.

Section 2. Quorum.

Six members of this body constitute a quorum. To establish a quorum, the secretary shall call the roll immediately after the presiding officer calls the meeting to order, at the conclusion of a recess, after this body votes to adjourn but before adjournment, and when any member suggests the absence of a quorum. To be effective, business conducted without a quorum must be approved at the next meeting with a quorum by a two-thirds majority vote.

Section 3. Special Meetings.

This body may not hold special meetings, except if a special meeting is ordered as part of a formal disciplinary procedure for the purpose of conducting a hearing and deciding punishment.

Section 4. Cancelation of a Regularly Scheduled Meeting.

The speaker may not cancel meetings except in case of extreme weather, emergencies, public transportation strike, university declared snow days, or an Act of God. The speaker may cancel a meeting for those reasons unilaterally. The president of the [SCHOOL] Student Government Association may cancel a meeting in consultation with the Speaker.

ARTICLE VI

Committees

A majority vote can establish a committee, which shall disband no later than the conclusion of the Spring semester in the school year it was formed. Three members constitutes a quorum.

ARTICLE VII

Parliamentary Authority

The rules contained in Robert’s Rules of Order: Tenth Edition shall govern meetings when they are not in conflict with the laws of the [STATE THE SCHOOL IS IN], the policies of the [SCHOOL], the Constitution of the [SCHOOL] Student Government Association, these bylaws, or any special rules of order that this body may adopt.

ARTICLE VII

Severability

If any part of these bylaws is in conflict with the laws of the [STATE THE SCHOOL IS IN], the policies of the [SCHOOL], or the Constitution of the [SCHOOL] Student Government Association, the conflict shall invalidate the specific bylaw or phrasing in question, but may not be applied to invalidate any other bylaws.

ARTICLE VIII

Amendment of Bylaws

These bylaws may be amended at any regular meeting by a two-thirds vote if previous notice of the proposed amendments was given to the presiding officer at the prior meeting in writing and then sent to all members by the secretary. The Speaker shall send notice by postal mail or e-mail and shall send a copy of notice to the SGA Advisor. The Speaker may renumber sections in the Bylaws and any standing rules established by this body, without a vote to authorize the renumbering, when appropriate.

Intentions

1.1: This is supposed to give a helpful reference list of names that are allowed to be used in reference to Student Senate, without limiting any other options.
2.1: Senators and Directors have different responsibilities and requirements outlined in the SGA constitution, so I thought it made sense to classify them differently in the bylaws.
2.4: We have been having problems with getting members to attend meetings. By making it a requirement (waived on previous notice), I felt that we would have more success with eliminating AWOL members.
2.5: This section is designed to expand on the attendance requirement by clearly specifying a process to kick members out if they are not attending, by instituting a 3-strike process, after which they may be kicked out immediately.
2.5.B: Missing any one meeting isn't a big deal. The "forgiveness" clause is designed to keep members who faced a legitimate emergency from suffering any penalties, without retroactively changing the results of any votes.
2.5.C: I wanted to give the speaker some discretion, which is why I used the word "may." Also, the assembly should have a say in whether to make someone apologize for a second missed meeting.
2.5.D: This is designed to be a Big Bold Warning to the AWOL member, with no leeway allowed. Since it's the second to last step, I felt it should need to clear a high bar, but that members should be allowed to secretly vote their conscience.
2.5.E: If someone has missed 4 meetings, that's a significant percentage of our biweekly meetings. They should be kicked out almost immediately, if the assembly feels strongly enough.
2.5.F: Directors have different responsibilities and requirements to join, and personally answer to the SGA president. If they aren't showing up to meetings (or are causing a ruckus in other ways) that is between them and the President.
2.6: No ghosting. If you want to leave, take it seriously, or we'll kick you out on our own.
3.1: These should be the only officer positions that the assembly may fill.
3.2.A: Speaker is a big job. Candidates should be allowed to make their campaign publicly to the assembly before the vote. No matter how many candidates are running, the one with the most votes should win (preferably on the first ballot)
3.2.B: We haven't always needed a secretary, we've used the Executive Board's secretary in the past. The assembly secretary is a nice thing to have, but I don't want it to be a required position.
3.2.C: Some members are less proficient with parliamentary procedure than others, so a parliamentarian would be nice. Sometimes we can't find a good candidate, though, or we might not need one, so the decision about whether to have one should be up to the speaker.
3.4: I don't want members, who might suffer a conflict of interest, from serving as secretary or parliamentarian. Directors should be busy running their executive committees, and I didn't want them to be considered officers- it's too much work, and it's also an encroachment of the executive branch.
3.5: Speaker is an important position, and should always be filled if vacant. The other ones aren't as critical.
3.6: The SGA constitution sets out a specific procedure for impeaching the speaker.
4: All officer duties are supposed to be the bare minimum, not the maximum. If the Senate wants to assign more duties through legislation, it shouldn't have to change the bylaws to do so.
4.1.A-D: This is supposed to lay out the line of succession for presiding over the meetings.
4.1.E: This is simply there to be humorous, and shouldn't have any affect. If no one is at a meeting, then there is no meeting, right?
5.1: We should meet every other week. The beginning of the year is chaotic, so there's a bit of leeway there to get things started up. We can change meeting dates if we need to, but we shouldn't eliminate a meeting altogether.
5.2: Since we're going to be kicking people out if they don't attend, we should call the roll frequently so they have a chance to be counted as present.
5.3: Meet at the regular times, unless it's to impeach/punish someone.
5.4: Meetings are important, and shouldn't be canceled just because we don't feel like meeting. We had a speaker do that before. The SGA president should be able to cancel a meeting for no reason at all, so long as the speaker is made aware.
6: We don't normally have committees that run through the Senate, except for ad-hoc committees to study/amend/write specific pieces of legislation.
7: The Tenth Edition of RR is the only version that the school library has a copy of. If they get a more current copy, then we can update the parliamentary authority.
8: Just because one part of these bylaws is illegal doesn't mean the rest of them should be discarded as well.
9: Bylaw amendments are a big deal, so give everyone a chance to look at them before the meeting.

[Joshua Katz]

If you want a review of your proposed bylaws, you should hire a parliamentarian. This is not a task those of us on this forum are going to take on. It would involve a review of any other governing documents. 

[Josh Martin]

5 hours ago, Guest Guest Student said:

I'm a member in my school's Student Senate, and I've been assigned to write and update the bylaws for the next academic year. I've written a draft, but I wanted to run it by the parliamentarians on this forum to make sure that I haven't included anything with unintended side affects. I've modified it to remove all references to my institution, but other than that it's exactly how it will be submitted for consideration. I've attached my reasoning and intentions for most parts at the bottom of this post. It's a long post, but I didn't see any way to put things in a spoiler. Sorry for the wall of text!

Since I have a soft spot for student governments, I would note if you were to become a member of this forum and send me a private message on this subject, I would be willing to exchange email addresses in order to further advise you on this matter.

I concur with Mr. Katz, however, that a full review of an organization's bylaws in the forum itself is not appropriate.

Edited April 26, 2020 at 03:34 PM by Josh Martin

[Chris Harrison]

Agreeing with the others I will point out two things:

1) Your proposed Bylaws list the 10th Edition of Robert's Rules as the Senate's parliamentary authority.  We are currently on the 11th Edition soon to be the 12th. 

2) I got great amusement out of allowing the most sober campus cop to preside if no one else is at the meeting.  However, beware because both Murphy's Law and the Law of Unintended Consequences have a very irritating habit of cropping up when you least want them to.  There very well may be  a time when the meeting needs to be cancelled and the most senior sober campus cop knowing this (and his parole officer is about to send him back to the Big House) may decide to take advantage to abscond with the Senate's money to some country without an extradition treaty with the US and the first thing he will do is lose said sobriety. 

[KFSDaniels]

Is there a list of Parliamentarians for hire?

[Josh Martin]

44 minutes ago, KFSDaniels said:

Is there a list of Parliamentarians for hire?

The National Association of Parliamentarians and the American Institute of Parliamentarians provide referral services.

[Guest Guest Student]

On 4/26/2020 at 10:09 AM, Joshua Katz said:

If you want a review of your proposed bylaws, you should hire a parliamentarian. This is not a task those of us on this forum are going to take on. It would involve a review of any other governing documents. 

Ah, my apologies, I wasn't aware of the forum etiquette.

On 4/26/2020 at 11:34 AM, Josh Martin said:

Since I have a soft spot for student governments, I would note if you were to become a member of this forum and send me a private message on this subject, I would be willing to exchange email addresses in order to further advise you on this matter.

I will make an account and reach out to you soon(ish)!

On 4/26/2020 at 3:16 PM, Chris Harrison said:

There very well may be  a time when the meeting needs to be cancelled and the most senior sober campus cop knowing this...

There's no seniority requirement...

[Joshua Katz]

3 hours ago, Guest Guest Student said:

Ah, my apologies, I wasn't aware of the forum etiquette.

 

To be clear, it's not a matter of etiquette, and nothing to apologize for. I was just letting you know that it's a large task, perhaps larger than it seems if you haven't done it for an organization you're not part of, and one few volunteers would take on. It looks like one volunteer, Mr. Martin, is willing to take it on, fortunately.

[KFSDaniels]

On 4/30/2020 at 9:45 AM, Josh Martin said:

The National Association of Parliamentarians and the American Institute of Parliamentarians provide referral services.

Thank you!