Student Bar Association By-Laws

Transcription

1 CHAPTER 1 PURPOSE These By-Laws are to be interpreted in light of the Student Bar Association (hereinafter SBA ) Constitution and shall act as a supplement to that Constitution by providing procedures for the SBA to employ. CHAPTER 2 DEFINITIONS 1. Absences a. Excused absence: Any absence of which the President and Chief Justice have been notified prior to the scheduled meeting and deemed to be excused by the discretion of the Chief Justice. b. Unexcused absence: Any absence that is not an excused absence as defined above. 2. Academic Year: The period dating from the first day of Fall classes to the last day of Spring classes, unless otherwise specified by the Law School or these Bylaws. 3. Budgetary Guidelines: Additional guidelines that may be established by the Treasurer per academic year. These guidelines supplement the current guidelines enumerated in the Student Bar Association Budget Committee Rules of Order in order to handle specific circumstances that may are unique to a particular academic year. 4. Division: Evening, Day, and Special Part Time. 5. General Assembly: The assembled body of the SBA consisting of the Executive Board and the representatives elected by each division. 6. Administrative Assistant: An appointed and compensated member of the SBA who provides organizational services by implementing administrative systems, procedures, policies, and monitoring administrative projects. The Administrative Assistant will perform all jobs at the discretion of the President. 7. Member: Any student currently registered at New England Law Boston. 1 P age

2 8. Member in Good Standing: Any member of the General Assembly, who is enrolled in classes, has not been impeached, has two or fewer unexcused General Assembly absences, and is a student in good academic standing as defined by the student handbook. 9. Quorum: Two-thirds (2/3) of all elected SBA members. Abstentions during votes shall have no effect on whether or not quorum is present. 10. Recess: Periods starting at the beginning of each semester s Reading Period and ending on the first day of class the following semester. 11. Section: The separation of first year students made by the Law School within the Day and Evening divisions. 12. Student Bar Association Gallery: The location designated for student attendance at General Assembly meetings. 13. Student Organization: Any social club, honor society, fraternal organization, or other group formally recognized as an organization by the SBA. 14. Voting Members: All Members of the General Assembly, excluding the Chief Justice, who are in Good Standing. 15. Robert s Rules of Order: All General Assembly meeting shall be governed by Robert s Rules of Order 10 th Edition. If there is a different edition that is favored by the General Assembly, the use of that edition may be voted on only during the first General Assembly meeting of the academic semester. CHAPTER 3 EXECUTIVE OFFICERS 1. President a. Shall oversee all operations of the SBA. b. Shall be the primary representative of the Student Body to the Law School. c. Shall have signatory powers on the SBA bank accounts. d. Shall sit on the Budget Committee pursuant to the Constitution. e. Shall be responsible for scheduling all meetings of the SBA by giving all members at least seventy-two (72) hours notice of the time and place of the meeting. If the President deems necessary, the President may call for 2 P age

3 emergency meetings by giving only twenty-four (24) hours notice. f. Shall communicate with the Office of the Dean of the Law School on a regular basis, but not less than once per month, during the Academic Year to discuss the suggestions, questions and concerns of the Student Body. g. The President shall select Committee chairpersons from the applicants as he or she deems qualified, and then shall forward the remaining applications to their respective Committee chairpersons for membership selection. i. Whomever is chosen to be Social Affairs Chair shall also serve as the Law Ball Chair h. Shall continue to maintain contact and at the request of committee members submit a report. i. Shall issue executive orders as necessary and in accordance with Chapter 6 herein. j. Shall attend or in the alternative send a proxy representative to the Annual Meeting of the Law Student Division of the American Bar Association in the summer preceding the Academic Year for which the President was elected, and both the Fall Leadership Summit and the Spring Conference of the First Circuit of the same, and shall participate in activities, vote, and represent New England Law Boston as is expected by the Law Student Division. k. Shall hire and supervise an Administrative Assistant to the SBA; the Administrative Assistant s responsibilities shall be determined by the President. l. Shall administer a report at each General Assembly meeting. m. Shall work with the Social Affairs Chair on the planning and execution of the annual Law Day event. 2. Vice President Day Division a. Shall perform such duties as defined by the President, unless these duties conflict with the duties already assigned to the position by the Constitution and By-Laws. b. In the absence of the President or in the event that the President is unable to complete his or her term, the Vice President - Day Division shall have the option to seek ascension to the office of President, under the conditions of the SBA Constitution. c. Shall serve as a voting member of the Budget Committee pursuant to the SBA Constitution. d. In conjunction with the Vice President - Evening Division and President, 3 P age

4 shall supervise and communicate with all Student Organizations on behalf of the Executive Board. e. Shall administer a report at each General Assembly meeting. 3. Vice President Evening Division a. Shall perform such duties as defined by the President, unless these duties conflict with the duties already assigned to the position by the Constitution and By-Laws. b. In the absence of the President or in the event that the President is unable to complete his or her term, the Vice President - Evening Division shall have the option to seek ascension to the office of President, under the conditions of the SBA Constitution. c. Shall serve as a voting member of the Budget Committee pursuant to the SBA Constitution. d. In conjunction with the President, shall supervise and communicate with all Executive Committees on behalf of the Executive Board. e. Shall administer a report at each General Assembly meeting. 4. The Treasurer: a. Shall perform such duties as defined by the President, unless these duties conflict with the duties already assigned to the position by the Constitution and By-Laws. b. Shall be responsible for the accounting and management of the SBA Treasury. c. Shall be responsible for the maintenance of the SBA bank account(s) and shall have signatory powers thereon. d. Shall, at the beginning of the Fall semester, convene the Budget Committee and serve as chairperson thereon and shall be responsible for enforcing the Student Bar Association Budget Committee Rules of Order subject to these Bylaws and the SBA Constitution. e. Shall submit reports regularly to the General Assembly on the status and balance of the SBA Treasury. This includes but is not limited to a detailed report on all reallocation requests, supplemental requests, and a bi-weekly visual report of the budget. f. Shall make all records of the SBA Treasury available for review by any student or representative of the Law School Administration who requests it. g. Shall have the discretion to deny budget reallocation requests of up to $250 or less during the year from Student Organizations for the purpose of 4 P age

5 preventing egregious spending. i. If the request is for under $250 the Treasurer can approve without the Budget Committee s Approval. The request and the decision to approve or deny must be reported to the General Assembly one business day via electronic communication or at a regularly scheduled general assembly meeting that is occurring within 24 hours of the decision. ii. If the request is for over $250, then the Treasurer shall submit the request to the Budget Committee for approval. The request and the decision to approve or deny must be reported to the General Assembly one business day via electronic communication or at a regularly scheduled general assembly meeting that is occurring within 24 hours of the decision. iii. All matters under this subsection are subject to Judicial Review 5. Secretary of Communications a. Shall perform such duties as defined by the President, unless these duties conflict with the duties already assigned to the position by the Constitution and By-Laws. b. Shall be the primary of point between the Student Body and the Executive Board. c. Shall serve as the chairperson of the Communications Committee. d. Shall ensure that all student organizations are provided with copies of these By-Laws and relevant SBA policies. e. Shall publicize and make available applications for all open Committee positions at the beginning and end of the Academic Year. f. Shall make a copy of the Constitution, these By-Laws, Rules of Order, and the Budget Committee Rules of Order available for the student body. g. Shall administer a report at each General Assembly meeting. 6. Chief Justice a. Shall perform such administrative duties as defined by the President, unless these duties conflict with the duties already assigned to the position by the Constitution and By-Laws. b. Shall be responsible for enforcing the SBA Constitution, these By-Laws, and Rules of Order. c. Shall be responsible for enforcing parliamentary procedure during SBA General Assembly meetings. d. Shall be the Chair of the Judiciary and shall be responsible for conducting 5 P age

6 all Judicial meetings and hearings. e. Shall be responsible for enforcing the disciplinary policy and referring to the General Assembly any situations that warrant censure or impeachment. f. Shall serve as chairperson of the SBA Constitution and By-Laws Committee. This Committee shall review and/or revise the SBA Constitution and By-Laws at minimum once in the Academic Year. Upon this review, the Chief Justice shall present the revised rules to the General Assembly for a vote. The Committee shall review and/or revise the SBA rules of order at the end of the Fall semester. g. Shall conduct training once per semester on the Rules of Order and parliamentary procedure. h. Shall administer a report at each General Assembly meeting. CHAPTER 4 GENERAL ASSEMBLY REPRESENTATIVES 1. All representatives shall represent the interests of their constituency and advocate for those interests. They shall bring these issues to the attention of the Executive Board. 2. All representatives shall serve scheduled office hours, or shall find another member of the General Assembly to serve the same, and shall only be excused from such service by the President or his or her designee. 3. All representatives shall be required to serve on at least one Committee of the SBA or the Law School. President shall discuss duties with each of the committee chairs. 4. All representatives shall make class announcements on important matters as requested by the Executive Board, or the Communications Committee, in a manner most effective to communicate those messages to the entire class or section. 5. All Representatives shall attend all scheduled meetings of the General Assembly and all scheduled office hours. The President may, at his or her discretion, excuse Representatives from attending the General Assembly meetings or scheduled office hours for good cause. In the case of a Representative accumulates two unexcused absences in one semester from either a General Assembly meeting or office hours, the Representative shall be dismissed from their position. CHAPTER 5 - JUDICIARY 1. Composition a. The Judiciary shall be composed of the Chief Justice and two Associate Justices. 6 Page

7 2. Purpose a. The purpose of the Judiciary shall be to resolve all issues brought before the SBA including, but not limited to, any of the following: i. Elections disputes ii. Budgetary disputes and appeals iii. Student Organization disputes iv. Questions of authority with regard to the Constitution and its By- Laws. b. The Judiciary shall meet at least once per semester to discuss hearing processes and procedure, policy, and any other matters seen fit by the Chief Justice. c. The Judiciary shall meet to hear all complaints in a timely manner. i. By executive order the President can compel the Judiciary to render a decision on a matter within five school days. d. The Judiciary must make reasonable efforts to comply with Article 8, Section 5 of the SBA Constitution. These efforts may include, but are not limited to, communications through: i. Social media platforms, through an official SBA account ii. The Weekly Announcements iii. An announcement during a General Assembly meeting 3. Complaints a. Any student may file a complaint by filling out a physical complaint form to be made available outside of the SBA office or submitted electronically to the Chief Justice. 4. Hearing Complaints a. The Judiciary shall hear all complaints within ten school days of the day the complaint was filed at a time when all parties may be present. b. Attendance by all three members of the Judiciary is required. Should a time and date be unavailable for all three members of the Judiciary to meet, the Chief Justice shall select the earliest available time that all members can meet. c. The Chief Justice shall communicate the meeting time and location to the parties involved as well as to the General Assembly upon the selection of a meeting time. d. The process shall be as follows: i. Upon filing of the Complaint, the Chief Justice shall notify the Associate Justices. ii. A time and location for the hearing that is convenient to the complainant and respondent shall be established within the allotted 7 P age

8 ten school days. iii. When notified of an attempt to set a hearing date the respondent may file an answer to the complaint any time prior to the hearing date, the end of ten school days, or a decision on the underlying complaint by the Judiciary, whichever comes first. iv. The Judiciary will review the complaint, in addition to the answer to the complaint if available, and hear from any parties that wish to speak. v. The Judiciary shall hold a closed session to evaluate the complaint. vi. The Judiciary shall inform all parties and the General Assembly of its decision within forty-eight (48) hours of the decision being made. vii. If the complainant and respondent cannot meet on any date or time within ten schools days from the complaint then the complaint may be decided on the merits or dismissed in closed session by the Chief Justice and Associate Justices in a timely matter stating on the sixth day school day after the Chief Justice attended to set a date. viii. A decision on a matter before the Judiciary is binding. Failure to follow a decision by the judiciary will subject Conflict of Interest a. In the event a member of the Judiciary is related to the matter to be decided on before the Judiciary the follow procedure will take place: i. Any member of the Judiciary on the Executive Board of a Student Organization in a matter before the Judiciary cannot serve as Justice for the Case. ii. Any member of the Judiciary that is only a general member of a Student Group may serve as Justice. b. If, and only if, no Justice is available to serve as Justice for a matter, the SBA Executive Board shall be charged with reading the complaint, answer, and hearing witnesses. i. If this procedure is done the entire process is limited to one E- Board Meeting. ii. If this procedure is done once all witnesses have testified the SBA will make a simple majority vote on the outcome. iii. Any addition rules and procedures for this process can be determined and enacted for that one case in question by the Chief Justice. 8 P age

9 CHAPTER 6 GENERAL ASSEMBLY MEETINGS 1. General Assembly meetings shall be held at least twice per month on a regular schedule to be determined by the Executive Board. The General Assembly shall commence with such schedule the week after the election of 1L representatives. 2. The President shall chair the General Assembly meetings. In the absence or inability of the President to serve as chair, the order of ascension shall be: Vice President Day Division or Vice President Evening Division to be decided by a coin toss administered by the Chief Justice. In all subsequent meetings where the President is absent, the Vice Presidents shall alternate starting with the Vice President who did not chair the first meeting. In the absence of both Vice Presidents, the Treasurer shall preside over the meeting. 3. The Chief Justice shall be the parliamentarian of the meeting. They shall coordinate the speaker list, keep track of time, take vote counts, ensure quorum and decorum, advise the General Assembly on, and enforce the rules of procedure in coordination with the chair. In the event an issue arises as to the Rules of Order which cannot be readily resolved by the Chief Justice, such issue shall be submitted to the Judiciary for review. 4. The General Assembly shall have the authority to debate and pass legislation, as it deems necessary and appropriate. The General Assembly shall hear announcements on upcoming events and any issues brought to the attention of the General Assembly. 5. Any legislation to be placed on the agenda of a meeting of the General Assembly shall be submitted to the President and the Chief Justice no later than 48-hours prior to a meeting of the General Assembly. Otherwise such legislation may only be heard where: a. The President consents to amend the agenda due to extenuating circumstances and notifies the Chief Justice as such; or b. A motion to consider the legislation is made before the General Assembly, and carries by a two-thirds (2/3) vote. 6. The General Assembly shall have three types of legislative activity to be defined as follows: a. Executive Order to be authored only by the President and to be subject to the rules mentioned herein. b. Resolution to be authored by any member of the General Assembly and to serve as an opinion of the body. This type of legislation is non-binding and can only be used to profess an opinion of the Student Body through representatives. A resolution shall not create or amend the rules of SBA or any governing documents or to create or disband any student organization. 9 P age

10 A resolution may be sent to faculty and staff as a formal, written, and adopted opinion of the students. c. Bill to be authored by any member of the General Assembly and to serve as a binding form of legislation. This type of legislation shall be used to change or amend rules and governing documents of the SBA. This form of legislation is binding insofar as it shall create, disband, and reinstate student organizations. This is not an opinion, but a binding change within the SBA. A bill may not be used to change any school rules, or other guidelines outside of the control of SBA. A bill may not be used to submit an opinion of the students to faculty or staff. CHAPTER 7 EXECUTIVE ORDERS 1. The President is duly authorized to issue Executive Orders on all matters not otherwise delegated in the SBA Constitution or these By-Laws. Such Orders, upon issuance in writing, shall be binding upon the SBA and carry the full force of a Bill of the General Assembly. 2. The President may issue Executive Orders, including but not limited to, those which: a. Assign additional administrative duties to officers of the Executive Board; b. Create special executive offices, subject to a majority vote of the General Assembly; c. Create and disband those SBA Committees not otherwise listed in the Constitution and assign all duties thereto; and d. Establish joint committees with the Law School and appoint delegates thereto. 3. The President shall, upon issuance, promptly communicate Executive Orders to the General Assembly. 4. Any Voting Member may call into question an Executive Order. If such objection is raised during a meeting of the General Assembly, the agenda shall be amended to permit a debate and vote on the constitutionality of the Executive Order. If objection is raised in writing at any other time, the matter shall be added to the agenda of the next meeting of the General Assembly for debate and vote. A vote of the General Assembly shall constitute rescission of such Order, as governed by the SBA Constitution. Any effect this Order would have shall be stayed until it is resolved. A vote to overturn an Executive Order shall require a two-thirds (2/3) vote of those present and voting. CHAPTER 8 - BUDGET AND APPROPRIATIONS RULES OF ORDER 10 P age

11 1. The SBA Budget Committee shall operate by the Student Bar Association Budget Committee Rules of Order. This document must be adopted by the General Assembly and is the sole responsibility of the Treasurer. 2. The Treasurer shall review the Budget Committee Rules of Order in conjunction with the Budget Committee on an annual basis and shall report to the General Assembly upon the completion of the review. 3. The General Assembly shall have the sole power to review any changes, amendments, or additions suggested by the Budget Committee. The Budget Committee Rules of Order are subject to amendment just as any other Student Bar Association governing document. 4. The Treasurer shall have the authority to approve Supplemental Budget Requests of up to $ The Budget Committee shall review Supplemental Budget Requests of over $ Cherry Room events shall be capped at $ Each Student Organization shall be automatically allocated $50 toward the Fall Welcome Meeting. 8. Each Student Organization shall be automatically allocated $30 for Advertising costs for the academic year. a. If budget allows and subject to Budget Committee approval, this amount may be increased. 9. Reallocation of funds: a. Student Organizations may re-allocate funds to go toward other events, subject to approval from the Treasurer. b. Before any re-allocation is made, each student organization must submit a request to the Treasurer. c. Student Organizations shall not reallocate funds from more than 2 events toward another event. CHAPTER 9 STUDENT ORGANIZATIONS 1. All Student Organizations shall adhere to the rules, policies, procedures, and decisions established by the SBA, its appointed officers, and the Law School. The Executive Board of each Student Organization is accountable to the Student Bar Association. Any decision made by the Executive Board may be appealed to the General Assembly and then the Judiciary thereafter. 2. All Student Organizations that have been recognized in the previous Academic Year shall receive continued recognition with each successive year provided: a. They verify that their Mission Statement and Constitution, as well as any 11 P age

12 national or international Constitution, Charter, or policies that may be binding upon them, are on file with the Executive Board not later than the fifteenth day of September of that Academic Year. The governing documents of the Student Organizations shall have a nondiscrimination clause equivalent to that included in the SBA Constitution. b. They submit contact information for the next Academic Year s presiding officer, and Evening Division liaison and financial officer, should they be seeking funds, to the Executive Board of the SBA not later than the end of that Academic Year. c. They hold an open meeting of the club s membership not later than the last day of October of that Academic Year. 3. Any Student Organization failing to meet these criteria without cause shall lose recognition by the SBA and shall be ineligible for submission of a budget. 4. For good cause, the President of the SBA may grant leave to comply with any or all of the above provisions, to any Student Organization that shall request it. This decision is appealable to the Executive Board. 5. The procedure for recognition of any new Student Organization or any previously recognized Student Organization that lost recognition longer than one (1) Academic year, shall be as follows: a. The presiding officer of the proposed Student Organization shall submit to the SBA a mission statement for the proposed Organization, as well as any national or international Constitution, Charter or policies to which it would be bound, and shall request a Bill to accept the Organization on probationary status. b. On the passage of such Bill, the Student Organization shall have full access to SBA resources, and may request supplemental appropriations on an individual case basis; however it shall be unable to propose a budget. c. The Student Organization shall hold at least one (1) meeting, ratify a Constitution with the support of two-thirds (2/3) of its membership, establish or maintain a written policy of non-discrimination equivalent to that of the policy stated in the SBA Constitution, elect or otherwise designate a presiding officer, financial officer, and evening division liaison, and enlist a willing faculty sponsor. d. Upon the completion of these conditions, the presiding officer of the Student Organization shall submit to the Executive Board of the SBA it s ratified Constitution, and may petition the General Assembly for full recognition of the Student Organization therein constituted. e. Approved Student Organization shall be entitled to make supplemental budget requests on an individual case basis notwithstanding their 12 P age

13 ineligibility for a budget. 6. The procedure for recognition of a Student Organization that lost recognition within the previous Academic Year, shall be as follows: a. The Student Organization shall re-submit to the SBA a mission statement, any national or international Constitution for the Organization, and a Bill for re-recognition. b. The presiding officer, financial officer, and evening division liaison shall all appear before the SBA for petition of re-recognition of the Student Organization. c. Re-Approved Student Organization shall be entitled to make supplemental budget requests on an individual case bases, as well as propose a budget when such process is available. 7. Revocation or alteration of recognition a. Any action to alter or revoke a Student Organization s recognition by the SBA must be effectuated by a Bill of the SBA passed subsequent to a hearing as to the merit of such alteration or revocation before the General Assembly. i. Full revocation of a Student Organization s recognition shall require a two-thirds (2/3) majority vote of the General Assembly. ii. Any other Resolution or Bill pertaining to a Student Organization shall require a simple majority vote of the General Assembly. iii. Any Student Organization subject to such a Bill shall receive not less than ten (10) days notice of the hearing, and shall be afforded the opportunity to present evidence in their defense. iv. Such a hearing may only be convened on the motion of the General Assembly. v. The Student Organization shall not be present at the time of the General Assembly s debate and vote. CHAPTER 10 ELECTIONS 1. There shall be a standing Elections Committee of the SBA, which shall be responsible for the publication, conduct, certification, and scheduling of all SBA elections. 2. Any member of the student body who will not be seeking election to any SBA office shall be eligible to serve as a member of the Elections Committee, subject to appointment by the chairperson. 3. The Elections Committee chairperson shall be appointed by the president before the end of the Spring semester to hold the position for the upcoming Academic 13 P age

14 Year. 4. Any member of the student body may become a candidate for office by submitting a nomination petition signed by the constituents of that office by a deadline established by the committee. a. Nomination for the Board of Representatives shall require twenty five (25) signatures for representatives of the Day and Evening Divisions and ten percent (10%) of the current registered students within the Special Part Time Division. b. Nomination for any Executive Board office shall require fifty (50) signatures. c. Additional requirements to run for SBA office shall be determined by the Elections Committee; these shall be published and posted on all SBA managed bulletin boards, electronic and physical, before elections. d. In the event of extenuating circumstances, the Elections Committee chairperson shall have discretion to waive compliance with deadlines and requirements. 5. The Elections Committee shall establish such regulations regarding the conduct of the elections and campaigning as it deems necessary, and shall inform the Student Body of all pertinent regulations as proscribed in the Elections Handbook. Failure to comply with these requirements may result in disqualification of candidacy at the discretion of the Elections Committee chairperson. 6. On the day of SBA elections, the Committee shall permit each candidate to speak for equal time, as determined by the Elections Committee, before those students eligible to vote for that office. 7. Each candidate is responsible for attending each scheduled speeches and elections. 8. All candidates shall be elected by plurality vote. 9. No write-in votes shall be considered in the outcome of any election. 10. All ballots shall be counted at least twice, each discrepancy resolved by a third count, and the results of these tallies shall be certified by the Committee chairperson to the President of the SBA. The ballots shall be sealed and stored in a secure location for a period of not less than ninety (90) calendar days, during which time any Member shall be entitled to review the ballots under the supervision of the Elections Committee chairperson. Eligible ballot counters shall be determined by the Elections Committee. 11. If the Elections Committee chairperson finds that a Committee member has a heavy bias toward one candidate, the chairperson may ask the member to resign from the Committee or not participate in counting votes for that office. 12. The special election process shall be determined by the Elections Committee and 14 P age

15 Executive Board. CHAPTER 11 STATUTORY REVISIONS 1. Any Member may draft a new By-Law and submit it to the General Assembly in the form of a Bill. 2. The By-Laws shall be reviewed annually along with the SBA Constitution by the SBA Constitution and By-Laws Committee at the discretion of the Chief Justice. CHAPTER 12 COMMUNICATIONS 1. If a Resolution, Bill, Executive Order, or other SBA communication includes a call for it to be published to the members of the student body, it shall be done so by posting a copy of the communication. A copy will be posted on the bulletin board outside the SBA office and any other SBA managed bulletin boards, including electronic, that are deemed appropriate. In conjunction or as an alternative, the communication can be published by or by announcement if specified within the communication. 2. The Secretary of Communications, or his or her designee, will be responsible for publishing these communications, with the exception of performing class announcements. 3. Under special circumstances, this publication process may be altered for any individual communication by a majority vote of quorum of the SBA General Assembly. 4. All agendas for General Assembly meetings shall be made available to the Student Body twenty- four (24) hours prior to the start of any General Assembly meeting by the Secretary of Communications. 5. All General Assembly meeting minutes shall be made available to the Student Body seven (7) days prior to the next scheduled General Assembly meeting by the Administrative Assistant on the bulletin board outside the SBA office and any other SBA managed bulletin boards, including electronic, that are deemed appropriate. Approved minutes shall be posted after they are approved by the General Assembly. CHAPTER 13 THE INTERIM COMMITTEE 1. During the Summer Recess, or any other such time that the Board of Representatives and the Executive Budget Committee lack any sworn in members, actions that would otherwise require the ratification or approval of the 15 P age

16 General Assembly or the Executive Budget Committee shall be subject to the discretion of an Interim Committee, under the procedures and constraints within this Chapter. 2. Membership a. The Interim Committee shall be chaired by the President. b. The Interim Committee shall consist of the Executive Board and two (2) appointed persons from each Division. c. No later than the last Student Bar Association meeting of the Academic Year, the newly elected and sworn in President shall appoint two members from each Division, subject to the advice and consent of the Executive Board, from among the newly elected Representatives for the next Academic Year. d. Any member of the Interim Committee who becomes ineligible to serve as a Member of the General Assembly as defined in these By-Laws shall notify the President and Chief Justice within seven (7) days of their change in status. e. Removal and Reappointment i. At the discretion of the Chair, an appointed member of the Interim Committee may be removed for failure to respond timely to messages or otherwise failing to vote or contribute to the Committee s official business. Any such removal shall only be effective with the affirmation of a majority of the Executive Committee. ii. Should any appointed position come available during the summer, the President shall appoint a replacement within seven (7) days of receiving notification of such vacancy. Such appointments are subject to the advice and consent of the Executive Board. 3. Interim Appropriations a. Prior to the formation and convention of the Budget Committee, the Interim Committee shall have the discretion to appropriate and expend up to fifty percent (50%) of the funds present and available within the SBA Bank Account. b. Any Student Organization may request an interim appropriation from the SBA Treasury in an amount not to exceed five hundred dollars ($500), and any Executive Committee may request an interim appropriation of any amount not to exceed the appropriations available to the Interim Committee for allocation, subject to the following procedure: i. Interim Appropriation Requests shall be made in writing to the Treasurer. The Treasurer shall promptly notify the other members 16 P age

17 of the Interim Committee of any such requests. ii. The Treasurer may grant appropriations under fifty-one dollars ($51) at his or her discretion. Should the Treasurer have a conflict of interest, the President shall make such determination at his or her discretion. iii. Requests in excess of fifty dollars ($50) shall receive a hearing by the Interim Committee. Such hearings may occur in-person, via telecommunications, or non-contemporaneously (i.e. via ). iv. During a hearing, the Interim Committee shall consider the following criteria when making its decision: 1. The impracticability or imprudence of postponing the request until the Budget Committee is formed and convenes. 2. The benefits (or lack thereof) of the expenditure to the students of the upcoming academic year. 3. Any other considerations the Committee deems relevant. v. Requests requiring a hearing shall be approved by affirmative vote of two-thirds (2 3) of the full Committee, regardless of abstentions. In the case of a tie, the vote shall fail and the request shall be denied. c. Interim appropriations that have been denied may be re-requested from the Budget Committee upon its formation and convention at the start of the academic year. However, where the Interim Committee has denied a request, the Budget Committee shall not reimburse funds that were expended prior to the start of the academic year. 4. Restrictions a. The Interim Committee may not perform the functions listed below: i. Amend, suspend or alter the Constitution or By-Laws of the SBA. ii. Censure or impeach any elected or appointed member of the SBA. iii. Allocate or expend more than fifty percent (50%) of the funds available in the SBA Bank Account. 5. Reporting a. No later than the second regularly scheduled meeting of the General Assembly, the Interim Committee shall provide a Committee Report outlining the following: i. Any and all votes taken by the Committee. ii. The Committee s rationale for voting to approve or reject each proposal, which must include the criteria as listed in the Budget Committee report. 17 P age

18 1. This description shall be written by a Member whose vote was for the prevailing side. The counter-arguments, if any, may be included in this report at the Chair s discretion. iii. Any subsequent activities as a result of the vote, including but not limited to the total amount expended. CHAPTER 14 - IMPEACHMENT 1. Removal of Class Representative a. Removal due to Attendance. i. If a class representatives accrues 3 unexcused absences from either office hours or meetings (or a combination of both) a submission will be made to the General Assembly, and upon 3/4 vote the representative will be removed from his/her class representative position. After the second unexcused absence the representative will be sent a notice regarding his/her status. b. Removal due to Malfeasance i. If a class representative commits any malfeasance committed during the office tenure of a class representative, the Executive Board, in the presence of the Faculty Member has the power to make a unanimous decision to remove the offending class representative. If a unanimous decision to remove the class representative has been reached, the class representative may make a submission the General Assembly and by 3/4 vote be reinstated at the nearest following SBA meeting. ii. Acts of Malfeasance may include, but are not limited to: 1. Unauthorized incursion of debt or expenditure of funds without budgetary authority; 2. Conviction of any violation of the New England Law Boston Student Handbook; substantial willful failure to faithfully perform their duties of office; or willful violations of the SBA By-Laws. 2. Removal of SBA Executive Board Member(s) a. Removal for Malfeasance i. The SBA Executive Board may remove any elected or appointed 18 P age

19 officer from the SBA Executive Board for malfeasance in office, by unanimous consent of the non-offending officers, made in the presence of the Faculty Advisor; b. Acts of Malfeasance may include, but are not limited to: i. Unauthorized or egregious incursion of debt or expenditure of funds without budgetary authority; ii. Conviction of any violation of the New England Law Boston Student Handbook; iii. Willful failure to faithfully perform duties of the office; or willful violations of the SBA By-Laws. c. Removal by Impeachment i. Any elected SBA member may file a written impeachment petition with the SBA Chief Justice to initiate the removal process. Said petition shall state with particularity the grounds for impeachment and removal from office. In the case of the impeachment of the SBA Chief Justice, the SBA President shall perform the SBA Chief Justice s functions under this section. ii. The SBA Chief Justice shall forward a written copy of the impeachment petition to the accused member, along with a copy of of the SBA By-laws. The accused shall have at least one week to file a written response with the SBA Secretary. iii. The SBA Chief Justice shall then transmit a copy of the impeachment petition, and the response of the accused, with the regular agenda and voting items to all SBA members pursuant to the SBA Chief Justice's duties of office. iv. The accused member shall be removed from office only upon a two-thirds (3/4) majority vote of the, General Assembly taken by roll call vote during a regular meeting. 3. Voluntary Resignation a. Member shall have the right to terminate his position hereunder by providing the executive board and Chief Justice with a written notice of resignation. b. Such notice must either be for immediate resignation or for termination within fourteen (14) days prior to the date upon which member wishes 19 P age

20 such resignation to be effective. CHAPTER 15 DIVERSITY COMMITTEE AND TRAINING 1. All General Assembly members shall be required to participate in diversity training on an annual basis to occur during the Fall Semester. 2. The President, in conjunction with the Executive Committee for Diversity, shall determine and establish a method for providing Diversity Training to all elected members of the General Assembly. 20 P age