1 CONSTITUTION OF UC BERKELEY ACLU Article I: Name Section 1: The name of our organization will be the UC Berkeley American Civil Liberties Union. The name may also be written in shorthand as UCB ACLU. Section 1: Mission Statement Article II: Purpose and Status The UC Berkeley American Civil Liberties Union is a student organization made up of members and activists who are dedicated to the principles of justice, fairness, equity, and freedom. Our primary goals are to increase awareness regarding issues surrounding civil liberties, as well as to preserve those liberties both on and off campus in local Bay Area communities. We aim to accomplish our work through collaborations with various organizations and administrations, as well as through community organization, campaigns, education, workshops, and legislative advocacy. Section 2: UC Berkeley ACLU is supported by and works with both regional and national branches of the American Civil Liberties Union. The Club will represent itself in a way consistent with the mission and views of the ACLU. The Club will not claim to represent the ACLU in any media outlet other than those affiliated with UC Berkeley; furthermore, the Club will accurately represent the views of the ACLU in any campus media venue and will seek clarification on ACLU views from the ACLU of Northern California or the ACLU Chapter at Berkeley and North East Bay when necessary. Section 3: Upon receiving permission, the Club may send a representative to Affiliate Board meetings, but is not permitted to vote on Board issues. Section 4: The ACLU is a non-partisan organization. The Club will not endorse or oppose particular political parties or candidates and will consult with the ACLU of Northern California before endorsing or opposing any ballot initiative.
2 Section 1: Nondiscrimination Clause Article III: Membership We will not haze according to California State Law. We will not restrict membership based upon race, color, national origin, religion, sex, gender identity, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (including membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services). Section 2: Becoming a Member All currently registered students, faculty, and staff are eligible to become members. Only currently registered students, faculty, and staff may be active members in a registered student organization. Only active members may vote or hold office. Any eligible student, faculty, or staff will be considered a member once they have met the following requirements: Joined at least one committee Attended at least three committee meetings for the semester Paid ten dollars per semester in membership dues We will not restrict membership based on ability to pay - members who are struggling financially may appeal to the Executive Committee (outlined below) regarding the fee, and the Executive Committee may choose to waive the fee for that member. General members are not required to become card-carrying members of the ACLU, although it is encouraged. Section 3: Staying a Member To remain a member of the UC Berkeley ACLU, every member is expected to complete the following each semester: Paid ten dollars per semester in membership dues Actively participated in three or more committee meetings, and continually attends meetings. Section 4: Termination of Membership Membership may be terminated if the following criteria are met:
3 Failure to complete assigned duties three or more times Failure to come to more than five committee meetings per semester. If judged to have committed any act considered by the Executive Committee to be unlawful, discriminatory, or dangerous. The final decision to terminate the status of a member will be made by the Executive Committee once a complaint has been made. Once a membership has been terminated, reinstatement of membership must be evaluated by the Executive Committee. The student, faculty, or staff requesting reinstatement of member status must be shown to: Be able to join one or more committees Be able to attend at least three or more committee meetings this semester Be able to pay ten dollars in membership dues o We will not restrict membership based on ability to pay - members who are struggling financially may appeal to the Executive Committee regarding the fee, and the Executive Committee may choose to waive the fee for that member. Have repentance for the actions which caused them to be terminated, and to show that they will not commit the same mistake should they be reinstated. Members whose memberships have been terminated twice may not seek reinstatement. Section 1: Executive Committee Composition Article IV: Leadership The following is a list of the officer positions found in the Executive Committee, as well as a description of their duties. Officers are expected to attend both general meetings and Executive Committee meetings, as well as host weekly Committee meetings with their respective committees. All Officers are to sign on as signatories of UCB ACLU when their terms begin. President: The President leads meetings, chooses areas of focus, and should be given the final say when it comes to important club decisions. The President will perform administrative duties including, but not limited to: Room reservations for general meetings and committee meetings Recording minutes and tracking action items Coordinating, planning, and leading both general and Executive Committee meetings Ensuring that any action items taken fall within the scope of the ACLU s national campaigns Coordinate member retreats every semester Track and record changes to governing documents Informing local affiliates (ACLU of Northern California and ACLU of Berkeley/North East Bay) of our activities
4 Vice-President: The Vice-President takes over any of the President s duties in case the President is unable to fulfill his or her duties. The Vice-President will also keep track of members - they keep the mailing list and members contact information up-to-date, and are in charge of helping any members become official card-carrying members of the ACLU. The Vice-President, in this regard, will work closely with the Communications Director to promote the organization to potential new members. Duties include the following but are not limited to: Coordinating any recruitment events, such as tabling, passing out flyers, coming up with new ways to attract members Coordinating, planning, and leading general meetings Working closely with the Communications Director in keeping general members informed of UCB ACLU activities and actions Chair the Membership Committee Finance Director: The Finance Director is in charge of drafting our budget and tracking our funds, whether incoming or outgoing. The Finance Director should also work closely with the Events Director to organize any fundraising events, whether for organizational activities or the national ACLU. Duties include but are not limited to: Creating an annual budget Monitor any financial dealings, including purchases, reimbursements, and profits from any events Maintain and monitor our bank account Requesting funding from the ACLU of Northern California, if necessary Identify and apply for any on-campus or off-campus grants for programming Act as a liaison between UCB ACLU and the ASUC regarding financial matters Chair the Finance Committee Events Director: The Events Director works closely with the Education, Communications, Field Policy, and Finance Director to organize events for UCB ACLU, including workshops, rallies, speak-outs, and any fund-raising activities. The Events Director is in charge of much of the administrative work regarding events, and duties include but are not limited to: Acting as a liaison between UCB ACLU and the ASUC regarding event matters Obtaining any permits required to host any events Book appropriate locations, acquire necessary items and materials, and inviting speakers or guests Ensuring that any events go smoothly Chairing the Events Committee
5 Education Director: The Education Director will plan events to educate both general members and the community at large regarding civil rights issues and liberties, support campaigns run by the ACLU, and engage the campus and local communities in critical dialogues about civil rights and ACLU values. Duties include but are not limited to: Planning and executing educational events such as panels and workshops, sometimes in conjunction with the ACLU of Northern California Leading the events - introducing speakers, getting members to sign in, et cetera Working closely with Events Director to ensure events go smoothly Identify opportunities for op-eds, blog posts, and other written content, as related to UCB ACLU campaigns and national priority campaigns. Work closely with the Communications Director to generate educational content for distribution to general members and local communities Coordinate with the Field Director to ensure that both field and educational events are in sync and complement each other Chair the Education Committee Communications Director: The Communications Director is in charge of communicating our message to the student body, handle publicity-related matters regarding any media, and attracting potential members. The Communications Director makes sure that we are promoted properly and adequately, and to take time to regularly update general members and local communities regarding upcoming events, activities, and current focus. Of utmost importance is familiarity with the ACLU s position on major issues, and the ACLU s protocol when communicating our stance. Duties include but are not limited to: Developing a yearlong publicity plan to be updated each semester Maintaining an online presence, including website, Facebook group and/or page, and any other social media Updating online media to reflect our current positions on major issues Work closely with other members of the Executive Committee to promote events and to ensure that the organization s most recent work and projects are reflected in our media Design of any media, as required Chair the Communications Committee Field Director: The Field Director will work closely with the ACLU of Northern California to organize campaigns, and direct actions that align with the focus and priority campaigns of ACLU of Northern California. Duties include but are not limited to: Working closely with the ACLU of Northern California and the Berkeley/North East Bay chapter of the ACLU to identify year-long issue campaigns, develop and execute detailed
6 campaign plans, and engage local and campus communities in the work of the UCB ACLU Work closely with the Education Director to plan educational events regarding campaigns Plan actions around legislative advocacy, including letter-writing and phone-call campaigns to local and state officials regarding civil liberty issues Plan direct actions on issue campaigns that align with ACLU values and goals to support the campaigns and address current events Participate in the planning of the ACLU of Northern California s annual Conference and Lobby Day Chair the Field Committee Section 2: Committees Each officer in the Executive Committee will chair a committee that corresponds with their required duties. Committees assist the chair in fulfilling officer duties as described in Article IV, section 1. The Committees are as follows: The Vice-President heads the Membership Committee The Finance Director heads the Finance Committee The Events Director heads the Events Committee The Communications Director heads the Communications Committee The Education Director heads the Education Committee The Field Director heads the Field Committee Each general member is expected to participate in at least one committee each semester. New members may only join one committee in their first semester, although they may join more than one committee the subsequent semester. Members are expected to stay in the first committee they joined. Each Committee Chair will appoint a Secretary from the general member pool of that committee. The position will last for the semester. Committees are expected to meet once a week in addition to general meetings and Executive Committee meetings. Delegation of tasks within the committee is done at the discretion of the committee chair. Section 3: Elections Elections for Executive Committee positions will be held at the first general meeting of May. Active members who are eligible to be active members in the following academic year may declare their candidacy or accept a nomination at the second-to-last meeting of April.
7 Nominations are made when a member suggests another general member for that particular position, and the suggested person accepts that nominations. Nominations may also be made if someone declares their candidacy for a position. Nominations can only be made if the person who suggested it and the person who is nominated is physically present at the second-to-last meeting in April. Candidates will each give a five-minute speech at the last meeting of April to the general members, illustrating why they are a good fit for that position and outlining what actions they will take as part of that position. Five more minutes will be allotted for question-and-answer. Members will then deliberate their choices, and cast their vote at the first general meeting of May. Only those who have fulfilled the requirements in Article III, section 2 and/or section 3, may vote. Only those who are present at the meeting may cast a vote. Ballots will be distributed on the day of the election to all members present at the meeting, listing each of the declared candidates, as well as a space for a write-in candidate. Voters will rank candidates in each position by preference, with their most preferred candidate being first, their second most preferred candidate being second, and so on. Candidates with the largest number of most preferred will win the position. If there is more than one candidate that has the largest number of most preferred votes, then the winner is the candidate with the largest number of most preferred + second most preferred votes. Elected officers will work under the current Executive Committee for the remainder of the spring semester and summer semester to familiarize themselves with their duties under the guidance of the current Executive Committee. Their terms will officially begin exactly two weeks before the start of instruction during the Fall semester, with the previous officers stepping down the same day. To facilitate the running of a newly-established organization on campus, the very first elections will be held in April/May 2018 instead of in The first batch of officers will have terms lasting one and a half years, while subsequent officers will have terms lasting one year. Section 4: Termination of Officer Positions If a serious complaint is filed by a general member or an officer regarding a member of the Executive Committee, an Executive Committee meeting will be held immediately for the accused officer to defend themselves. The accuser is expected to attend the meeting as well, and is allowed to bring one other person for support. If a member of the community at large (not a general member) or a representative of an administrative department at UC Berkeley have called the behavior of an officer into question and ask that the officer be terminated, the same procedure will be held.
8 A serious complaint is defined when the general member requests an Executive Committee meeting regarding the behavior of the accused officer. The general member must have approached the officer first to attempt to clear up the misunderstanding. After both accuser and defendant have made their case and defence during the meeting, the Executive Committee will vote on an action. If the Executive Committee finds that the defending officer is innocent, then the officer may resume their duties without problem. If the Executive Committee finds that the defending officer is guilty of the complaint, they may vote on the following: The officer is placed under probation for two months, where their behavior is supervised and scrutinized by other members of the Executive Committee. The defending officer is expected to carry out their duties as per normal, but their work will be directly supervised by the President. If, after two months, the Executive Committee judge unanimously that the officer is suited to return to work as per normal, their probation will end and they may resume their duties without supervision. If the Executive Committee believe that the officer is unable to return to work after the two months, they may terminate the officer position, but allow the officer to remain as a general member. An officer that has been terminated from an Executive Committee position may not run as a candidate for any positions in the future, nor be elected to any Executive Committee position again. The officer is terminated from that position immediately. The officer s membership with UCB ACLU will also be terminated immediately. The officer may not return to UCB ACLU as a general member If the Executive Committee finds that the accuser has called for an Executive Committee meeting without due cause (such as calling the meeting for a minor misunderstanding that could have been solved via approaching the officer to clear up the misunderstanding), the membership of that accuser may be terminated immediately. Section 5: Vacancies If an officer position is vacated, the Executive Committee will nominate a replacement from current general members, and announce said nomination at the soonest possible general meeting. The nominee may be approved by a ⅔ majority vote in the Executive Committee Section 6: Transparency General members may approach any executive officer and ask them about any of the activities the Executive Committee carries out. While certain things have to remain confidential (such as who someone voted for, as an example), the officer may, with approval from ⅔ of the Executive
9 Committee, release requested information to the person who requested it, with the knowledge that this information is available to all of the public. Section 7: Card-Carrying Membership All officers on the Executive Committee are expected to become card-carrying members of the ACLU. Section 1: General Meetings Article V: Meetings General meetings will be held weekly, on Wednesdays at 7pm. Locations will be based on availability, and will be determined at a future time. Meetings will last one hour. General meetings held outside of the regularly-scheduled time (Wednesday at 7pm) may be called by the Executive Committee with a forty-eight-hour notice to general members. General meetings are planned and led by the President and the Vice-President. During each meeting, each committee is expected to give updates on the status of their work and activities. Any new events and logistical issues will also be announced. Workshops or talks may be held during general meetings. Section 2: Executive Committee Meetings Executive Committee meetings will be held weekly, in the hour prior to general meetings. The President plans, leads, and directs Executive Committee meetings. Each officer is expected to give updates about their work. Executive Committee will then deliberate future actions, and solve any problems or obstacles posed to actions during the meeting. Section 3: Committee Meetings Each committee is expected to meet once a week, at a time chosen by the officer heading the committee. During meetings, members and officers will carry out actions that advance the focus and goals of the committee and UCB ACLU. Members may be expected to carry out other work outside of meetings. Section 4: Quorum In general meetings, quorum for the purposes of official business (such as voting) is 50%. In Executive Committee meetings, quorum for the purposes of official business must be 100%. In committee meetings, quorum for the purposes of official business is 50%.
10 Article VI: Finances Section 1: Member dues UCB ACLU will collect ten dollars from each member in membership dues each semester, to be channeled into our budget for the year. This includes Executive Officers. Dues will be collected by the third week of instruction. We will not restrict membership based on inability to pay member dues - refer to Article III, section 2 for details. Section 2: Fundraising UCB ACLU will not solicit funds from individual donors and will notify ACLU Northern California of monetary gifts or offers of gifts. Plans for fundraising will be first cleared with the ACLU of Northern California. Section 3: Budget The Finance Director is responsible for all financial matters and for developing budget plans. The finance committee is required to make plans for spending and the budget available to all general members if there is a request for it. Section 4: Financing Events UCB ACLU will submit a well-organized budget proposal to the ACLU of Northern California at least one month in advance to request funds from ACLU of Northern California for programming. Section 5: Bank Account In the event that UCB ACLU establishes a bank account, this account will not be established in the name of the ACLU, the ACLU of Northern California, or the ACLU Campus Club, but rather established in the name of the Civil Liberties Club or other similar title. School-designated procedures will be followed for the establishment of an account. Section 1: Initiation Article VII: Amendments A constitutional amendment may be initiated by a member of the Executive Committee, and may move forward by a ⅔ vote of the Executive Committee. Section 2: Voting
11 If the amendment moves forward, the President will send the full text of the proposed amendment to general members, along with the original Constitution, as well as the date of the regular meeting at which the amendment will be voted on. Members will be allowed to deliberate for up to fifteen minutes at the meeting regarding the amendment. Time may be extended by a majority vote of members present. After deliberation, the amendment may be passed by a ⅔ majority vote of general members. All amendments, additions or deletions to this document must be filed with the LEAD Center in 432 Eshleman Hall. Section 1: Initiation Article VIII: Dissolution Dissolution may be initiated by a unanimous vote of the Executive Committee. Section 2: Voting Dissolution will be considered final if, after being initiated by a unanimous vote of the Executive Committee, it is affirmed by a ¾ majority of general members at a regular meeting. Section 3: Unspent Funds Any unspent funds will be returned to the original source, whether it is the ACLU of Northern California, or the ASUC. If the organization is ASUC or GA sponsored, all unspent ASUC funds will return to the ASUC; all Graduate Assembly funds will return to the Graduate Assemble. If the organization is defund for five (5) or more years, any privately-obtained funds (including any funds left in miscellaneous accounts) shall be donated to the American Civil Liberties Union. If the designated nonprofit organization no longer exists or has ceased to be a nonprofit, then the unspent funds will be donated to the ASUC.