University of South Florida at Tampa Student Government Statutes

Transcription

1 University of South Florida at Tampa Student Government Statutes Page 1 of 172

2 Title 1 Introduction to SG Statutes Page 2 of 172

3 Chapter 100 System of Student Government Statutes The following shall be the System of the Student Government Statutes Student Government Statutes shall be divided into titles, each dealing with related and similar topics. Each title shall be composed of numerically designated chapters, each dealing with a specific topic. The current table of contents is as follows: Title 1 Introduction to SG Statutes Chapter 100: System of Student Government Statutes Chapter 101: Amendments to the Student Government Statutes Chapter 102: Compliance and Enforcement of the Student Government Statutes Chapter 103: Symbols Chapter 104: Definitions of Terms in the Student Government Statutes Title 2 Memberships Procedures Chapter 200: Membership Chapter 201: Code of Ethics Chapter 202: Transparency Chapter 203: Hiring Chapter 204: Investigations Chapter 205: Sanctioning Policies Title 3 The Executive Branch Chapter 300: Composition and Authority of the Executive Branch Chapter 301: Powers and Responsibilities of the President Chapter 302: Powers and Responsibilities of the Vice President Chapter 303: Student Government Transition Chapter 304: Standing Positions Chapter 305: Executive Branch Composition and Structure Chapter 306: Executive Branch Structure Chapter 307: Executive Branch Employment Policy & Procedure Title 4 The Legislative Branch Chapter 400: Legislative Branch Composition and Authority Chapter 401: General Requirements Chapter 402: Officers of the Senate Chapter 403: Order of Succession Chapter 404: Election of Senate Officers Chapter 405: Meetings of the Senate and Standing Committees Chapter 406: Confirmations Page 3 of 172

4 Chapter 407: Alternate Senators Chapter 408: Senate Ad Hoc Committees Act Title 5 The Judicial Branch Chapter 500: Composition and Authority Chapter 501: Duties and Responsibilities of the Supreme Court Chapter 502: Duties and Responsibilities of Members of the Supreme Court Chapter 503: Judicial Ethics Act Chapter 504: Constitutional Judgment Panel Chapter 505: Appeals of the Supreme Court Chapter 506: Obtaining a Trial Chapter 507: Rights of Individuals before the Court Chapter 508: Pre Trial Proceedings Chapter 509: Original Jurisdiction Proceedings Chapter 510: Appellate Jurisdiction Proceedings Title 6 Student Government Functional Groups Chapter 600: Judicial, Senate, and Executive Committee Chapter 601: Activity and Service Fee Recommendation Committee Chapter 602: University Wide Committees Chapter 603: Day at the Capitol Advising Committee Chapter 604: Marshall Student Center Advisory Board Chapter 605: Student Memorial Committee Chapter 606: Election Rules Commission Chapter 607: Local Fee Recommendation Committee Title 7 Election Code Chapter 700: Definitions of Terms for Student Government Elections Chapter 701: Elections Code of Ethics Chapter 702: Elections Timeline Chapter 703: Duties and Responsibilities of Student Government during Elections Chapter 704: Voting in Student Government Elections Chapter 705: Requirements and Regulations for the General and Midterm Elections Chapter 706: Campaign Processes and Restrictions Chapter 707: Special Elections Title 8 Finance Code Chapter 800: Monies and Accounts Chapter 801: A&S Funding Eligibility Chapter 802: Additional Policies and Procedures Chapter 803: A&S Annual Budget Procedure Page 4 of 172

5 Chapter 804: A&S Fee Proviso Language Chapter 805: A&S Fee Interim Funding Chapter 806: SG Grant Programs Chapter 807: Funding Councils Title 9 Student Government Agencies and Departments Chapter 900: Agency Creation Chapter 901: Student Government Computer Services Chapter 902: Bulls Radio Chapter 903: S.A.F.E Team Title 10 Bureaus of Student Government Chapter 1000: Bureaus of Student Government Chapter 1001: Student Business Services Chapter 1002: Student Government Advising, Training, and Operations Chapter 1003: Bureau Advisory Council Each chapter may be subdivided by means of a decimal system There shall be an official book of codification of all statutes compiled, maintained, and kept up to date by the Senate President Pro Tempore A copy of the codification shall be located on the Student Government website The codification shall include all statutes, with the exception of Constitutional amendments, presented to the Senate dating back from the past ten (10) terms When legislation is updated, the old version shall be digitally archived and the new version shall be published by the Senate President Pro Tempore No statute shall conflict with the United States Constitution or laws, the State of Florida Constitution or laws, or the Student Government Constitution. Page 5 of 172

6 Chapter 101 Amendments to the Student Government Statutes All Student Government Statutes may be amended via the passage of a Statutory Bill A Statutory Bill that is passed by the Senate shall become an Act upon the approval of the Student Body President or upon a successful override of a Presidential veto All Acts shall go into effect immediately, expect for the following if specified in a motion: Acts amending Statutes chapter 303 Student Government Transition Acts amending Statutes chapter 306 Executive Branch Structure Acts amending Statutes chapter 804 Activity and Service Fee Proviso Language Acts amending Statutes Title 5 The Judicial Branch All Acts shall be distributed by the Senate President Pro Tempore within five (5) business days of their successful passage through the legislative process: Title 3 Acts shall be distributed to the Chief of Staff of the Executive Branch Title 4 Acts shall be distributed to the Senate President of the Legislative Branch Title 5 Acts shall be distributed to the Chief Justice of the Judicial Branch Title 6 Acts shall be distributed to the Heads of each Functional Group Title 7 Acts shall be distributed to the Supervisor of Elections Title 8 Acts shall be distributed to SBS Title 9 Acts shall be distributed to the Directors of each SG Agency or Department Title 10 Acts shall be distributed to the Heads of each Bureau. Page 6 of 172

7 Chapter 102 Compliance and Enforcement of the Student Government Statutes All SG Officials shall comply with the Student Government Statutes. Any disregard, unintentional or deliberate, of any Statute may be considered as cause for impeachment in accordance with the Student Government Constitution All students serving in any capacity with Student Government must comply with the Student Government Statutes. Any disregard, unintentional or deliberate, of any Statute may subject that student to removal from the position in accordance with the Student Government Constitution and Statutes When a conflict between Statutes is encountered, the most recently amended Statute shall take precedence A Notification of Non-Compliance is to be used as a written notification that the recipients has failed to adhere to or is in violation of the Student Government Constitution, Statutes, or other governing documents The authority of this notification shall not be constructed in a manner which would supersede or conflict with the authorities and standards granted by University Regulations, Student Body Constitution, Student Government Statutes or the laws of the State of Florida The following parties may issue a Notification of Non-Compliance: The Student Body President The Chief Financial Officer, in relation to the allocation and expenditures of Activity and Service Fees The Attorney General The Senate Executive Committee (SenEx), via a majority vote The Senate President The Senate Ethics Committee with a majority vote of the committee members (in relation to grievances and investigations under purview of the committee) The issuer of the notification of non-compliance shall deliver and supply the accused group or individual with said notification within forty-eight (48) hours of its issuance No action shall be initiated if the alleged violator has not been notified of said notification within the specified forty-eight (48) hours The issuer shall provide the following offices with a copy of the Notification of Non- Compliance: The Director of SGATO The Student Body President Page 7 of 172

8 The Senate President The Senate Ethics Chair The Attorney General Failure to comply within one week of the receipt of the Notification of Non-Compliance shall subjugate the aforementioned group or individual to Student Government repercussive actions, notwithstanding removal from Student Government office, freezing of the said group or individuals account or suspension of future financial allocations A Notification of Non-Compliance shall be considered invalid if issued more than twenty (20) business days after the alleged violation has occurred A Notification of Non-Compliance shall be drafted in the following fashion: Notification of Non-Compliance Issuing Party: Party Issued To: (Name and Title) (Name and Title) This shall serve as an official notification that you are in noncompliance with: (Exact Wording of Legislation Specific to the Noncompliance) The following is noted to be in noncompliance: (Description of Noncompliance) (Signature) Issuing Party (Date) Date Page 8 of 172

9 Chapter 103 Symbols Purpose This chapter serves to describe the official symbols of Student Government and the procedures for amending them Mission Statement The mission of the Student Government at the University of South Florida is to ensure an optimal student experience by advocating on behalf of the Student Body, shaping university policy, and fostering school pride Seal The official Seal for Student Government shall be: This Seal shall appear on anything and everything deemed necessary Logo Page 9 of 172

10 The official Logo for Student Government shall be: This Logo shall appear on anything and everything deemed necessary Permissible variations may be found in the SG Logo Style sheet Oath of Office The Oath of Office shall be: As a member of the Student Government of the University of South Florida, I [state full name] do hereby affirm to uphold the office of [state the office], to abide by the Student Body Constitution, to uphold the Statutes incorporated therein, and to represent the Student Body to the best of my ability SG Officials shall be required to take the Oath of Office No SG Official shall be required to take any oath which would violate any personally held convictions Amendments Changes to the Mission Statement, Oath of Office, Seal, and Logo shall require a supermajority vote of JuSenEx, prior to being voted on in the form of a bill by the Senate. Page 10 of 172

11 Chapter 104 Definitions of Terms in the Student Government Statutes When a Senate Bill introduces new terminology to the Statutes, appropriate definitions shall be attached to the Senate Bill. Once the Senate Bill passes, the definitions shall be added alphabetically to the section below A&S Property: Any items purchased using A&S Funds Accountable Officer: Any individual with purchasing authority or financial responsibility over any Activity and Service Fee funded entity. This definition shall also be applicable to the term Financial Officer Act: A bill after it has completely and successfully gone through the legislative procedure Agency: An entity of Student Government that is student run, provides a direct service to the student body, is directly A&S funded, and has its duties, composition, and responsibilities outlined in Statutes Alternate Senator: A Senator that temporarily serves in place of an elected Senator who is excused from serving during any semester Bill: An allocation, or an amendment to Student Government Statutes that has not fully gone through the legislative process BOT: The USF Board of Trustees Budget Authority: The ability granted by the Student Senate to an entity to spend Activity and Service Fee cash within a set of defined categories Bureau: An entity of Student Government, that is professionally staffed by Student Affairs personnel, and is accountable to the Division of Student Affairs but governed by Student Government statutes Business Day: Any weekday, excluding days in which the University is closed. A business day starts at 9 AM and ends at 5 PM Coercion: The use of force or threats to compel a person to commit an act Custodian of Public Records: The person who is the creator of a public record Department: An entity of the Executive Branch that assists the President and Vice- President in the execution of their duties, initiatives and projects. A department shall report directly to the President through the Executive Cabinet Division of Student Affairs: The corporate division of the university charged with the management of all matters concerning student development, housing and wellness. Student Page 11 of 172

12 Government s professional workers are a part of Student Affairs. Student Government officers are a part of Student Government Association State Agency Door Prizes: Something of value awarded via a random drawing, raffle, or lottery to one or more individuals at an event Due Process: The conduct of any proceeding wherein there is fair treatment to all parties involved. This includes given notice and an equal opportunity to be heard Executive Administrative Code: The Executive Administrative Code shall serve to detail the internal procedures and policies of the Executive Branch and shall not conflict with the Student Government Constitution and Statutes. This document shall be authored and adopted by the Executive Branch and shall not be attached with the Student Government Constitution and Statutes Executive Appointees: Any appointment made by the Student Body President for purposes of serving on or in conjunction with the Executive Branch Executive Cabinet of the President: The entity to which all Executive Departments shall report to. The Executive Cabinet shall report directly to the Student-Body President Executive Office of the President: An entity that directly reports to the Student-Body President. Executive Offices of the President shall assist the President and Vice-President with direct support, policy and legal analysis, budget and finance, direct management of the Executive Branch, and anything necessary prescribed to it by the President and Vice- President Executive Order: A written edict or proclamation from the Student Body President, that establishes or enacts the following: policies, taskforces, departments, offices, or commissions; enforces Statutes or Constitutional provisions; and/or carries out any other acts that are necessary and proper for the Student Body President to carry out their duties as prescribed in the Student Body Constitution and Statutes. Executive orders are considered binding and standing unless reversed by the Student Body President, explicitly stated to have an expiration date within the written document or overturned by the Student Supreme Court Ex-Officio: Any person that is a member of a body by virtue of their position Faculty Senate: The collegial representative body of faculty that represents issues of concern before the administration of the university Financial Officer: An individual of an A&S funded entity who is directly responsible and accountable for the respective entity s budget, transactions and financial operations Fiscal Irresponsibility: The propensity of any A&S funded entity to abuse and misuse A&S monies. Page 12 of 172

13 Fiscal Year: The year starting on July 1 st and ending on June 30 th General Business/Body Meeting: Any meeting that has as its primary purpose to plan future events, to discuss general business of the organization, or to elect officers ICOFA Categories: All account and budget categories as stated by the Florida Board of Governors Inter-Institutional Committee on Finance and Accounting Financial Statement s Manual (newly revised) Incompetence: Lack of qualification, inadequate qualification, or lack of the qualities necessary to fulfill the duties of a position Judicial Capacity: Of or related to the duties of the Student Government Supreme Court as outlined in Title Judicial Recusal: The removing of oneself from a Supreme Court proceeding due to a conflict of interest with the pending matter Majority: More than half Majority Vote: The affirmative vote of the majority of the present voting members Malfeasance: Commission of a wrongful or unlawful act involving or affecting the performance of one s duties Meeting Disruption: The state in which a meeting of Student Government cannot function under normal operations because of an external or internal distraction or exogenous variable Misfeasance: Performance of a lawful action in an illegal or improper manner or with an improper or corrupt motive Nonfeasance: Failure to perform an act that is either an official duty or a legal requirement Office of Budget and Policy Analysis: The office or its current equivalence which is responsible for generating and calculating the University s expected cash flow for each fiscal year On Campus Anywhere on the USF Tampa Campus, USF Riverfront Park, USF Health Center for Advanced Medical Learning and Simulation, the USF Lehigh Valley Campus, USF Marine Science Laboratory, or any venue where a USF Athletics sponsored event is being held Political Campaign(s) Any person or party running for any position in: Student Government Election/ Any Campus Election Local Elections Page 13 of 172

14 State Elections National Elections Processor of Public Records The person charged with the responsibility of maintain the office having public records, or their designee Promotional Materials Merchandise or items distributed for the purpose of promoting or marketing an organization, person, or event If the material is distributed prior to an event in which it is associated with, it shall be considered a promotional material If the material is distributed during an event in which it is associated with, it shall only be considered a promotional material if it includes the name and/or logo of an A&S funded entity Quorum: The presence of more than half of a body s total number of voting members, unless specified otherwise Semester: The USF spring, summer C, or fall semester SG: Student Government SG Candidate: Any person running or applying to become an SG Official SG Employee: Any person remunerated from SG accounts SG Official: Any member of SG who is elected by the Student body or confirmed by the Senate Spring Commencement: The matriculation ceremony conducted at the end of the spring semester by the Office of Commencement Ceremonies Standard Operating Procedure (SOP): An unofficial guide detailing the inner workings of a Student Government entity Strategic Planning Fund: the fund that shall only be used for long term strategic goals of Student Government Student Body: All enrolled students of the University of South Florida, Tampa Campus Student Counselors: Students representing other students before the Student Government Supreme Court Student Government Meeting: Any meeting of two or more officers of the same collegial body to discuss a future action that will be taken, within the respective body s current or future business items. Page 14 of 172

15 Student Government Records: All material, regardless of physical form or characteristics, made or received pursuant to law or in connection with official business by any committee, agency, or branch of Student Government Student Representative: Any student appointed by the Student Body President to serve on a University Wide Committee Supermajority Vote: The affirmative vote of at least two-thirds (2/3) of the present voting members Term: The time period starting Monday after spring Commencement and lasting for one (1) year Travel: Any trip made by a SG Official or Student Organization with an off-campus destination that furthers the purpose of the organization s mission Unallocated Cash: Any A&S fee s that are generated or received between budget cycles or any balance of A&S fees swept from a previous fiscal year will be swept into the current year s fiscal account and designated Unallocated Cash USF Student Code of Conduct: The code of rules and regulations generated by the University Board of Trustees for how students should conduct themselves while being a student at the university University of South Florida System The network comprised of the following entities: University of South Florida (USF) University of South Florida St. Petersburg (USFSP) University of South Florida Sarasota-Manatee (USFSM) University Regulations and Policy: Any set code or policy generated by the University Board of Trustees or President Writ of Mandamus: An order by the Supreme Court to force a Student Government Officer to perform their duties as outlined in statutes Yearly Budget Allocation: The annual A&S budgetary authority a bureau, agency, office or department receives for its operations. Page 15 of 172

16 Title 2 Membership Procedures Page 16 of 172

17 Chapter 200 Membership Purpose This chapter serves to provide eligibility and remuneration policies Eligibility An SG Official shall be any member of Student Government who is elected by the Student Body or confirmed by the Legislative Branch. This shall include: All Executive Branch positions All Legislative Branch positions All Judicial Branch positions All Agency Director positions All Agency Assistant Director (AD) and Coordinator positions All positions within the Elections Rules Commission Only USF students may be SG Officials, unless otherwise specified in Statutes Remuneration The following positions in the Executive Branch shall be paid: Student Body President and Vice-President Executive Branch Standing positions Executive Branch Director positions Executive Branch Assistant Director positions Executive Branch Coordinator positions The following positions in the Legislative Branch shall be paid: Senate President and Senate President Pro Tempore Standing Committee Chairs Senate Transcriber Position(s) The following members of the Judicial Branch shall be paid: Chief Justice and Senior Justice Ranking Justice Associate Justices Judicial Clerk Other positions may be paid as allocated for in the appropriate budget. Page 17 of 172

18 Chapter 201 Code of Ethics Purpose This chapter serves to protect the integrity of Student Government and the interests of the Student Body against unethical practices SG Officials shall Be independent and impartial Perform their duties in the interests of the Student Body Follow proper decorum when acting as SG representatives Comply with SG Governing Documents and the SG Employment Handbook Report any SG Official or A&S funded entity which practices discrimination Uphold the truth in an accurate manner Uphold the rules and regulations outlined in the SB Constitution and Statutes SG Officials shall not: Misuse their power for their personal gain or advantage Misuse their power of the gain or advantage of any entity which they are invested Misuse or condone the misuse of SG property Benefit in a way that creates a conflict with the interests of the Student Body Participate in a decision when they are unable to act impartially Commit slander or libel Cause physical or psychological injury out of ill will Condone, facilitate, offer, or accept a bribe Condone or induce another to act in violation of SG Governing Documents Discriminate based on religion, national origin, race, genetic information, color, marital status, sex, sexual orientation, gender identity, and expression, disability, age, or qualified veteran s status as provided by law and/or university policy. Page 18 of 172

19 Chapter 202 Transparency Purpose This chapter serves to outline transparency and public records procedures Public Meetings An SG Meeting is any meeting in which SG Officials conduct SG business All SG Meetings shall be open to the public, except for specifically during: Discussion of information protected by University policy or Federal/State Law Testimony and deliberations regarding ongoing Investigations Deliberations of the Supreme Court regarding ongoing proceedings Hiring Team deliberations while hiring is in progress Disruptive individuals may be asked to leave an SG Meeting by the chair Public Notice Public Notice shall be, at minimum, an to interested members of the public Public Notice shall be sent out at least twenty-four (24) hours before an SG Meeting This may be reduced to four (4) hours notice in emergencies Recordings and Minutes The audio of the following types of SG Meetings shall be digitally recorded from the Call to Order to Adjournment, except for during Recess Executive Cabinet Meetings Senate Meetings Senate Committee Meetings Supreme Court Meetings Functional Group Meetings Hiring Team Meetings Minutes shall be taken for recorded SG Meetings, and shall include a summary of: Motions Votes and vote counts Times in the recording during which motions and votes take place Minutes shall be sent to the Members of the SG Meeting within four (4) days of the conclusion of the respective SG Meeting The Minutes shall be distributed upon approval by the Members. Page 19 of 172

20 Verbatim transcriptions may be made for any SG Meeting Public Records Any records related to SG Business that are created or received by SG Officials shall be available to the public upon request, except for: Records protected by University policy or Federal/State Law Records relating to ongoing Investigations Records relating to ongoing Supreme Court Proceedings Hiring Team records relating to ongoing hiring SG Officials shall include the following statement in their SG-related s USF SG is subject to public records policies. Any s sent to or from this entity are eligible for public record requests and public disclosure Storage of Public Records Digital Public Records shall be stored indefinitely Physical Public Records shall be stored until the end of the semester By the end of each semester all physical Public Records shall be converted into digital Public Records An SG Official may, with the advice of SGATO, modify Public Records without changing the content for more effective storage No SG Official may destroy or tamper with any Public Record SG Acts, Executive Orders, and SG Supreme Court Opinions shall be uploaded to a publically accessible website within fifteen (15) business days of taking effect Public Records Requests (PRR) Any USF student may fill out a PRR form and submit it to SGATO SGATO shall timestamp the form and notify the SG Official possessing the record The SG Official shall submit the record to SGATO within five (5) business days The requestor shall be charged: $0.15 per printed single-sided page $0.20 per printed double-sided page $10.00 per hour of labor The cost of a data storage device, if one isn t provided SGATO shall waive charges that are less than $10.00 Page 20 of 172

21 Chapter 203 Hiring Purpose This chapter serves to outline procedures for hiring non-elected SG Officials Nominating Officers (NO) The Student Body President shall have the power to nominate students to: The Student Body Vice-President position, when applicable The Supervisor of Elections position The Supreme Court Chief Justice position Executive Branch Standing positions Executive Branch Structure positions Supreme Court Justice positions Agency Director positions Agency AD and Coordinator positions The Senate President shall have to power to nominate students to Senate Transcriber positions The Supervisor of Elections shall have the power to nominate students to positions within the Election Rules Commission Advertising An open position s NO shall determine when to start advertising for that position The NO shall prepare a job application, job description, and job qualifications The open position shall be advertised for at minimum five (5) business days via: Advertisements on social media Advertisements on the SG website Advertisements on the USF employment website The open position shall be advertised until appropriate Hiring Team Formation The NO shall form a Hiring Team for the open position and appoint a chair Standard Hiring Teams shall be formed unless specified otherwise Alternative Hiring Teams shall be formed for: Executive Branch Standing positions The Supreme Court Chief Justice position Page 21 of 172

22 The Supreme Court Associate Justice positions The Supervisor of Elections position Agency Hiring Teams shall be formed for Agency AD and Coordinator positions If the Hiring Team Composition includes a position that is vacant, the NO shall appoint another SG Official in place of the vacant position If the Hiring Team Composition includes an SG Official that fulfills more than one of the Hiring Team positions, the NO shall appoint an additional SG Official Hiring Team Composition Standard Hiring Teams shall be composed of, at minimum: The open position s direct supervisor as Chair The Chief of Staff or designee One (1) additional SG Official as appointed by the NO A member of SGATO as a non-voting member Alternative Hiring Teams shall be composed of, at minimum: The Student Body President as chair The Chief of Staff or designee One (1) other member of the Executive Branch One (1) member of the Senate A member of SGATO as a non-voting member Agency Hiring Teams shall be composed of, at minimum: The Agency Director as chair The Chief Financial Officer or designee One (1) other member of the Agency A member of SGATO as a non-voting member Hiring Team Procedures The Hiring Team shall interview a minimum of three (3) applicants The Hiring Team shall conduct effective reference and employment checks The Hiring Team shall recommend a candidate to the NO based on the qualifications of the candidate as set forth by the position Job Description Nomination The NO shall make the final nomination to the open position The NO shall send the open position s Job Description and the nominee s Appointment Memo and Resume to the Senate Ethics Chair. Page 22 of 172

23 The nominee may perform the open position s duties pending Confirmation Confirmation All nominees are subject to confirmation by the Senate Ethics Committee The Senate Ethics Committee shall confirm or reject nominees within fifteen (15) business days of their nomination The Committee s failure to confirm or reject shall be deemed confirmation Nominees to the following positions are subject to confirmation by the Senate following their confirmation by the Senate Ethics Committee Executive Branch Standing positions The Supreme Court Chief Justice position Supreme Court Associate Justice positions The Supervisor of Elections position Director positions within the Executive Branch Structure Director positions within SG Agencies The Senate shall confirm or reject applicable nominees within twenty (20) business days of their nomination The Senate s failure to confirm or reject shall be deemed confirmation The NO may appeal a reject by the Senate Ethics Committee to the Senate, which may overturn the Senate Ethics Committee rejection via: A supermajority vote for the positions outlined in A majority vote for other positions. Page 23 of 172

24 Chapter 204 Investigations Purpose and Jurisdiction This chapter serves to outline procedures for SG Investigations SG Investigations serve to determine compliance with SG Statutes, ROPs, or SOPs Any SG Official or A&S funded entity or service may be subject to SG Investigation Any USF student may call for an SG Investigation The filing for an SG Investigation shall not incur prejudice or retaliation Investigation Request Form (IRF) Any USF student may complete an IRF as found at the end of this chapter The completed IRF shall consist of: The name of the filer The name of the entity or service filed against The date and time of the alleged noncompliance A statement describing the noncompliance Relevant clauses within SG Statutes, ROPs, or SOPs The completed IRF shall be submitted to the Ethics Chair The Ethics Chair shall return incomplete forms to the filer Pre-Investigation Procedure The Ethics Chair shall timestamp any submitted completed IRF A member of SGATO shall sign the IRF for record-keeping The Ethics Chair shall produce a physical master copy The Ethics Chair shall prepare a folder for each member of the Senate Ethics Committee. This folder shall contain: A copy of this chapter A copy of the submitted IRF The Ethics Chair shall add an Investigation Hearing to the agenda of the next meeting of the Senate Ethics Committee If the IRF is submitted less than forty-eight (48) hours before this meeting, the Investigation Hearing shall instead take place at the next meeting. Page 24 of 172

25 In the Investigation Hearing, the Senate Ethics Committee shall determine whether the matter presented by the IRF is worthy of an Investigation The Ethics Chair shall record for consistency the Committee s reasons for deciding whether to investigate Investigation Procedure If the Ethics Committee established that a matter is worthy, the Committee shall conduct a thorough investigation in accordance with the Committee SOPs The Ethics Committee may call entities to submit testimonies or evidence The Ethics Committee may call entities to appear before the committee The Ethics Committee may conclude its investigation as per the Committee SOPs Post-Investigation Procedure Upon the conclusion of the Investigation, the Ethics Committee may recommend a Course of Action (COA) for the Senate This COA may include items such as: Notice of Noncompliance Censure Resolution (Censure) Impeachment Amendments to SG Statutes, ROPs, or SOPs Freezing of an Entity s A&S Account Other specific actions that are within the power of the Senate to enforce Censure or Impeachment shall only be recommended for the following offenses: Malfeasance Misfeasance Nonfeasance Incompetence Abuse of Power The Ethics Committee shall prepare the necessary documents for the COA The Senate shall hear the recommended COA at the next scheduled Senate Meeting If the COA is submitted less than forty-eight (48) hours before the aforementioned Meeting, it shall instead be heard at the next Meeting The Senate may table a COA via a supermajority vote The Senate shall either proceed with the recommended COA or request a different COA from the Ethics Committee Page 25 of 172

26 UNIVERSITY OF SOUTH FLORIDA STUDENT GOVERNMENT INVESTIGATION REQUEST FORM NAME OF FILER NAME OF ENTITY OR SERVICE FILED AGAINST: DATE AND TIME OF ALLEGED NONCOMPLIANCE: STATEMENT OF NONCOMPLIANCE: RELEVANT CLAUSES WITHIN SG STATUTES, ROPS, OR SOPS: OFFICIAL USE ONLY TIMESTAMP: SGATO: DATE: Page 26 of 172

27 Chapter 205 Sanctioning Policies Purpose This chapter serves to outline SG disciplinary policies Point System Each Branch shall prepare an internal point system to remove inactive members Notice of Noncompliance (Notice) A Notice may be issued to any SG Official for noncompliance with applicable SG Statutes, ROPs, or SOPs Additional details regarding Notices shall be outlined in Statutes Chapter Censure Resolution (Censure) or Impeachment Censure Censure serves as a reprimand in lieu of Impeachment The Senate may proceed with Censure only via a COA If any Censured SG Official repeats the offense, they shall face Impeachment If any SG Official receives three (3) or more Censures, they shall face Impeachment Impeachment Impeachment serves to begin the process of Removal from Office The Senate may proceed with Impeachment only via a COA or repeat Censure The Senate may impeach an SG Official via a majority vote If the Senate Impeaches an SG Official, the Senate President shall send a memo to the Supreme Court outlining the Impeachment within forty-eight (48) hours Impeached Justices shall be tried by the Judicial Review Committee Removal from Office The Supreme Court shall try all cases of impeachment brought by the Senate, unless stated otherwise in the SB Constitution The Supreme Court may remove an impeached SG Official via a supermajority vote Any SG Official who is impeached and subsequently removed shall never again hold any position within Student Government. Page 27 of 172

28 Title 3 The Executive Branch Page 28 of 172

29 Chapter 300 Composition and Authority of the Executive Branch The composition and authority of the Executive Branch shall be derived from the Student Body Constitution and the Student Government Statutes and further defined within the context of the Executive Administrative Code The power of the Executive Branch shall be vested in the Student Body President The Executive Branch shall be comprised of the Executive Office and the Executive Cabinet of the President, Agencies, Commissions, Councils, Bureaus, Task Forces, and any other entity of Student Government which executes policy or programs of Student Government The Executive Branch must operate throughout all active academic terms at the University of South Florida. Page 29 of 172

30 Chapter 301 Powers and Responsibilities of the President The powers and responsibilities of the President shall be enumerated herein Constitutionally granted powers of the President are those powers delineated in the Student Body Constitution, including to: Nominate, with the advice and consent of the Senate, Justices to the Supreme Court Nominate, with the advice and consent of the Senate, a Chief Justice to the Supreme Court Nominate, with the advice and consent of the University President, Student Representatives to University Wide Committees Represent the Student Body to the Florida Student Association Board of Directors, and other similar representative bodies Sign or Veto within ten (10) business days, all legislation passed by the senate, with exception to changes of the Rules of Procedure of the Senate. Failure to act within this time period shall be deemed as approval of such legislation Address the Senate at least once a semester in a State of the Student Body Call for a referendum of the student body, subject to the approval of a supermajority of the Senate Initiate the Annual Budget proceedings by convening the Activity and Service Fee Recommendation Committee Nominate, with the advice and consent of the Senate, a student to fill a vacancy in the position of Student Body Vice President, should the need arise Statutorily granted powers are those powers granted to the President by these Statutes. These powers, duties, and responsibilities are to: If the Student Body President vetoes a bill, they shall submit a memorandum explaining the reasoning for the veto by the next regularly scheduled Senate Meeting If the next regularly scheduled Senate Meeting is within twenty-four (24) hours, the memorandum may instead be presented during the following regularly scheduled Senate Meeting The Student Body President or their designee shall present the memorandum in the next regularly scheduled Senate Meeting Propose, with the advice and consent of the Senate, an Executive Branch structure no later than the first Senate meeting of the summer term. Page 30 of 172

31 Nominate, with the advice and consent of the Senate, Executive Department Directors and Executive Branch Employees Terminate Executive Branch Employees, unless otherwise specified within the Constitution or Statutes Nominate Student Representatives to serve on the Marshall Student Center Board Proclaim and promulgate Executive Orders at their will Executive Orders shall not infringe on any inherent legislative or judicial proceedings or be used to compel a Senator or Justice to vote in a certain manner Administer and enforce all Student Government Statutes Initiate legislation for consideration by the Student Government Senate Call, at will, special session of the Student Senate, providing at least seventy-two (72) hours notice, to all Senators in writing Authorize, in conjunction with the Senate President, all reoccurring contracts and agreements totaling less than $50,000 a year. The Student Body President must inform the Chief Financial Officer, SBS, SGATO, and the Senate Finance Committee of any such expenditure forty-eight hours prior to the action. If the expenditure request requires action to be taken in less than forty-eight hours, the Student Body President shall be required to inform the parties immediately upon taking action Officially present the Activity and Service fee increase request to the University of South Florida Local Fee Committee, in conjunction with the Chair of the Local Fee Recommendation Committee Officially represent the USF Student Body to all vested bodies of interest that the Student Body or Student Government has a vested stake hold in Any and all other actions necessary and proper to carry out the duties of this office The Student Body President shall call the Our Shirt taskforce through an Executive Order by the second Friday in November. The President shall ensure that the committee has a finished product by the last official business day in April Nominate a Chief Justice by 4:59:59 PM on the last business day in May If the nominee is failed by the Senate, the Student Body President must submit a new nomination within twenty (20) business days Nominate a Justice within thirty (30) business days of any respective vacancy within the Supreme Court. Page 31 of 172

32 If the nominee is failed by the Senate, the Student Body President must submit a new nomination within twenty (20) business days Nominate an Election Rules Commission Supervisor of Elections by 5:00 PM of the First Friday of July If the nominee is failed by the Senate, the Student Body President must submit a new nomination within twenty (20) business days Initiate, following the termination of the Student Body General Elections, an Advisory Council which shall, in a non-binding form, assist and advice the President Elect during their transition period. The council shall include at a minimum, but is not limited to, the Attorney General, the Chief Financial Officer, the Chief of Staff, the Director for Student Government Advising, Training & Operations, and the Student Government Business Office Manager. This council shall be initiated no later than ten (10) business days following the termination of the Student Body General Elections and shall be terminated no later than five (5) business days following the Inauguration of the President Elect If elected as the Student System Advisory Council President, then the Student Body President shall also have the following duties: Officially represent the USF System students as a voting member of the USF Board of Trustees Officially represent the USF System students as a voting member of the Florida Student Association Board of Directors. Page 32 of 172

33 Chapter 302 Powers and Responsibilities of the Vice President Constitutionally granted powers of the Vice President are those powers delineated in the Student Body Constitution, including: Assume responsibilities of the President, should the President be unable to complete his or her term for any reason Represent the Student Body in the absence of the President Statutorily granted powers are those powers granted to the Vice President by these Statutes. These powers, duties, and responsibilities are: Oversight of all Student Government Agencies as outlined in Title Officially represent the USF System students to the Alumni Association Board of Directors Any and all other actions necessary and proper, delegated to by the President, to carry out the duties of this office. Page 33 of 172

34 Chapter 303 Student Government Transition The President-elect and Vice President-elect shall begin a paid transition period, at the discretion of the current Student Body President and the Senate President, on the first Monday after spring Break or the first Monday after the election results are certified, whichever comes later, but no later than the first business day of April During the transition period, the President-elect and Vice President-elect may utilize some Student Government resources and are entitled to full payroll benefits The President-elect and Vice President-elect may begin the interview process, subject to hiring guidelines as outlined in statutes, for the following members of their staff upon the certification of the election results: Chief of Staff Chief Financial Officer Attorney General Solicitor General Supervisor of Elections Chief Justice Agency Directors All appointment memos for individuals selected via the interview process shall not take effect until the first day of the new term The Student Body President-elect, upon taking office, may make temporary appointments to aid throughout the transition so long as the applicable budget allows it These appointments shall not extend beyond the end of the applicable fiscal year These appointments shall need to be authorized by the current Chief Financial Officer and Student Body President to assure the current budget allows for additional payroll personnel The Senate President must be notified of all temporary transition-limited appointments The President-elect may work to propose a new executive structure and budget during the transition. The structure and budget shall be subject to the Senate s approval, by majority vote The process shall be as follows for an executive structure presentation: Page 34 of 172

35 President-elect and Vice President-elect may be the presenters The presenter shall be granted time to present the structure The Senate then has the ability to move into a question and answer period and/or discussion period The proposal can be heard by the current term Senate, but if passed (by majority vote), may not take effect until the first day of the new term If the proposal is heard prior to the Student Body President-elect starting their term, the structure must be subject to a vote by the new Senate at their first summer meeting. The proposal requires a supermajority vote in the negative to fail. Page 35 of 172