Amendment Procedure?

[Sidd M]

Hi All,

There's a lot of confusion about how to proceed with an amendment to our bylaws. I've copied and pasted the excerpt of the bylaws that describes the amendment procedure below:

Here's some helpful context: I serve as a chair for a senate of 20 voting members (including myself). The term "SA" refers to Student Association, which is the student government at our institution. I chair the Student Senate, which is not synonymous with the Academic Senate (that body governs curriculum). Each year in April, our campus holds elections for senators and the Student Association President, Vice President.

Problem: A motion was made to amend the bylaws, and received a near unanimous vote. There's just confusion about whether we need a referendum campus wide amongst all the students, or if the amendment is final because the Senate has adopted it. 

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ARTICLE IX - INITIATIVE & REFERENDUM

The Students reserve the right to express ourselves and the power to reject any action of the Student Senate. The act of expression and the power to reject shall be asserted through the right of initiative and referendum.

Section 1:
A petition of initiative must contain the complete text of the measure or statement being proposed. The petition must be signed by students totaling fifteen (15) percent of the total valid vote cast in the last election for SA President. The petition shall be presented to the Academic Senate Elections Committee for mandatory presentation to the all students at the next Spring General Election.

Section 2:
The Student Senate may, by a majority vote of the membership present and voting, establish a referendum for the Spring General Election.

Section 3:
Any referendum shall be adopted by a majority vote.

ARTICLE X - AMENDMENT PROCESS

Section 1:
Amendments to this constitution may be proposed either through the process of initiative or by a two-thirds (2/3) vote of the [Day] Student Senate.

Section 2:
To be adopted, amendments must receive a majority of favorable votes from all those voting on the matter in a referendum.

[Josh Martin]

26 minutes ago, Sidd M said:

Problem: A motion was made to amend the bylaws, and received a near unanimous vote. There's just confusion about whether we need a referendum campus wide amongst all the students, or if the amendment is final because the Senate has adopted it. 

It is ultimately up to your organization to interpret its own bylaws, but based upon the facts provided, my view would be that a referendum is required. The rules on this matter appear to provide that an amendment may be proposed either by an initiative or by the Student Senate, however, it appears that they must be adopted through a referendum regardless of the manner in which they are proposed.

The only caveat I would add is that while you refer to an amendment being made to "the bylaws," the articles you have quoted refer to "this constitution." I am somewhat uncertain as to whether you are using these terms interchangeably or if your organization has a separate constitution and bylaws. If the latter is correct, then we may need additional clarification regarding which document the Senate is proposing to amend and what that document says regarding its amendment.

[Atul Kapur]

I agree with Mr. Martin. It appears very clear that the proposal made by the Senate needs to be adopted by a majority vote in a referendum.

You appear to use the terms "bylaws" while the referring to what the document itself says is the "constitution." It suggests that they are the same document, which would obviate Mr. Martin's caveat.

3 hours ago, Sidd M said:

There's a lot of confusion about how to proceed with an amendment to our bylaws. I've copied and pasted the excerpt of the bylaws that describes the amendment procedure below:

. . . .

ARTICLE X - AMENDMENT PROCESS

Section 1:
Amendments to this constitution