THE UNIVERSITY OF TEXAS SCHOOL OF LAW. Constitution. of the Student Bar Association

Transcription

1 THE UNIVERSITY OF TEXAS SCHOOL OF LAW Constitution of the Student Bar Association AS RATIFIED BY THE STUDENT BODY OF THE UNIVERSITY OF TEXAS SCHOOL OF LAW IN SEPTEMBER 2016

2 Table of Contents Preamble... 3 Article I Name... 3 Article II Purposes and Powers... 3 Article III Membership and Officers... 3 Section 1: Members and Officers... 3 Section 2: Executive Board President Vice President of Operations Vice President of Programming Vice President of Communications Financial Director... 6 Section 3: Board of Governors ABA and State Bar Representatives Senate of College Councils Representative Event Coordinator Class Representatives... 7 Article IV Procedures of the Board of Governors... 7 Section 1: Voting Definitions Quorum Official Actions and Votes... 7 Section 2: Meetings Membership Participation Meetings Notice... 8 Section 3: Removal Removal By Recall Referendum Removal By Attendance Removal By Vote of No Confidence... 9 Section 4: Vacancies A vacancy occurs because of:

3 2. Executive Board Board of Governors Permanently Vacant Offices... 9 Section 5: Interpretations Article V Elections Section 1: Dates and Provisions Fall Election Spring Election Voting Section 2: Qualifications for Office General Qualifications Class Representatives Board of Governors Section 3: Terms of Office Section 4: Inauguration Article VI Amendments Article VII Student Initiatives Article VIII Permanent Class Officers and Their Duties Section 1: Class Determination Section 2: Eligibility Section 3: Officers Section 4: President Section 5: Class Committee

4 Preamble We, the student body of The University of Texas School of Law, establish this Constitution for our Student Bar Association in order to create a student government for the law school. Article I Name The name of the organization will be the Student Bar Association of The University of Texas School of Law, hereinafter referred to as the Association. Article II Purposes and Powers 1. The Student Bar Association and the Board of Governors have the following purposes and powers, in accordance with the desires of the Law School community: a. The Board of Governors will act as representatives of the entire student body of the Law School and will serve the needs of the students. b. The Board of Governors will act as advocates for the concerns of the entire Law School Community. c. The Board of Governors will direct the efforts of the members in matters directly affecting the students of the School of Law. d. The Board of Governors will plan and provide for social and community relations events for the students of the Law School throughout the academic year. e. The Board of Governors will encourage association between its members and the faculty, the administration, and the legal profession. f. The Board of Governors will instill in the Student Bar Association s members an appreciation for the fair and impartial administration of justice. g. The Board of Governors will maintain, provide, and administer certain lockers located inside the Law School. 2. Provisions in Article II shall not be construed to limit the purpose or scope of the Student Bar Association. Section 1: Members and Officers Article III Membership and Officers All officially enrolled students at the University of Texas School of Law are members of the Student Bar Association (SBA). Memberships will terminate upon graduation, dismissal, or withdrawal from the University. Officers of the Student Bar Association consist of the Executive Board and other Representatives. Collectively, this group is the Board of Governors. All Board of Governors members have voting rights. 3

5 1. Members of the Board of Governors must be elected in accordance with the procedures in Article V of this Constitution. 2. The Board of Governors will consist of the following positions a. One Section representative from each 1L large section. b. Two representatives from the 2L class. c. Two representatives from the 3L class. d. One Senior American Bar Association Representative. e. One Junior American Bar Association Representative. f. One State Bar Association Representative. g. One Senate Committee Representative. h. One President of the Student Bar Association. i. One Vice President of Communications. j. One Vice President of Programming. k. One Vice President of Operations. l. One Financial Director. m. One Event Coordinator. Section 2: Executive Board To administer the duties of the Student Bar Association, an Executive Board is established. Executive Board members are voting members of the Board of Governors. The Executive Board consists of the following positions: 1. President i. The President will preside at meetings of the Association and the Board of Governors, appoint necessary committees, preside over votes regarding removal of Board of Governors members, and perform the duties generally involved with the office. ii. The President oversees all members of the Board of Governors. iii. The President heads a special committee consisting of the ABA Representatives, the State Bar Representatives, and the Senate of College Councils Representative to ensure their duties and needs are met. iv. The President may excuse Board members from attendance and duties for just cause at the President s discretion. v. The President acts as the official liaison of the Student Bar Association to the University faculty, staff, and administration. vi. The President shall keep an office binder containing transition documents for all positions, as well as details to handle internal office business. b. Conflict Commitment Policy 4

6 i. A Conflict of Commitment exists whenever external commitments have the possibility whether potential, real, or perceived of interfering or competing with the university s mission or with the president s ability or willingness to perform the full range of responsibilities associated with his or her position. ii. The President must be prepared to commit up to fifteen (15) hours per week to Association duties. The President is expected to adjust his or her external activities accordingly to be able to fulfill this requirement. c. Chief of Staff i. The President may appoint a Chief of Staff to aid the President in his or her official duties, except meetings with the Dean or any associate or assistant deans. ii. The Chief of Staff serves solely at the pleasure of the President and is subject to appointment and dismissal without a vote of the Board of Governors. iii. The assistant to the President shall be entitled to attend executive sessions of the officers and to attend all Board of Governors meetings, but may not vote individually. The Chief of Staff, however, may serve as the President s proxy. 2. Vice President of Operations i. The Vice President of Operations will, in the absence of the President, preside over the meetings of the Association and the Board of Governors. ii. The Vice President of Operations is charged with student locker rentals, upkeep, and records and performs the duties generally involved with the office. iii. The Vice President of Operations serves as the Ombudsman of the Association to aid any student who feels unfairly treated or discriminated against. The Vice President of Operations will investigate complaints, recommend solutions, report to the Board of Governors on problems, and suggest system changes as needed. iv. The Vice President of Operations oversees one (1) 1L Representative and two (2) upper class Representatives to aid with operations as well as to provide mentorship. 3. Vice President of Programming i. The Vice President of Programming manages all programs that do not arise out of a policy concern and performs the duties generally involved with the office. ii. The Vice President of Programming oversees one (1) 1L Representative, two (2) upper class Representatives, and the Event Coordinator to aid with programming as well as to provide mentorship. 4. Vice President of Communications 5

7 i. The Vice President of Communications keeps a permanent record of the meetings of the Association and Board of Governors and performs the duties generally involved with the office. ii. The Vice President of Communications oversees and maintains Board of Governors office hours, attendance, written reports, and records of the Board of Governors. iii. The Vice President of Communications is responsible for maintaining firm relations and outreach, including soliciting donations. iv. The Vice President of Communications serves as the enforcer of the internal rules of the Student Bar Association on the Board of Governors. v. The Vice President of Communications oversees one (1) 1L Representative and one (1) upper class Representative to aid with communications as well as to provide mentorship. 5. Financial Director i. The Financial Director keeps a permanent record of all financial matters of the Association and Board of Governors and performs the duties generally involved with the office. ii. The Financial Director oversees one (1) 1L Representative and one (1) upper class Representative to aid with financial matters as well as to provide mentorship. Section 3: Board of Governors The Board of Governors consists of the Executive Board and the following positions: 1. ABA and State Bar Representatives i. The American Bar Association and Texas Bar Association Representatives will attend all appropriate conventions and meetings where The University of Texas School of Law is expected to have representation. ii. The American Bar Association and Texas Bar Association Representatives serve as liaisons to law students by encouraging membership, distributing information on Bar services, and hosting sponsored events. iii. The American Bar Association and Texas Bar Association Representatives serve under the President. 2. Senate of College Councils Representative i. The Senate of College Councils Representative will attend regular meetings of the Council and shall represent the law school at such meetings. ii. The Senate of College Councils Representative will, as necessary, make reports at regular and special meetings of the Board of Governors. 6

8 iii. The Senate of College Councils Representative serves under the President. 3. Event Coordinator i. The Event Coordinator plans all weekly gatherings of the student body and ensures the proposed locations appropriately comport with SBA values as specified in Section 3 of the SBA By-Laws. ii. The Event Coordinator serves under the Vice President of Programming. 4. Class Representatives i. All members of the Board of Governors are charged with responsibly representing the constituency from which they are elected and informing the constituency of Board of Governors actions. ii. 1L and upper class representatives serve under Executive Board members as outlined above. Section 1: Voting Article IV Procedures of the Board of Governors 1. Definitions a. For the purposes of this section, presence and present are defined as including the physical presence of a member, ongoing communications with a member, and any form of live video/phone/teleconferencing with a member. 2. Quorum a. A quorum is established by the presence of a majority of members of the Board of Governors. No official votes of the Board of Governors are authorized unless a quorum exists. 3. Official Actions and Votes a. All actions taken by the Board of Governors require a majority vote of the Board members present unless otherwise provided. Each member of the Board of Governors may cast one vote on each question considered by the Board. b. Voting by proxy is prohibited unless otherwise indicated herein. Section 2: Meetings 1. Membership Participation a. All Regular and Special meetings held by the Board of Governors shall be open to any member of the Association. Association members shall be allowed to address the Board of Governors. 2. Meetings a. Meetings of the Board of Governors will be called and posted by the President of the Student Bar Association with a minimum of one week s notice. 7

9 b. The President has the power to schedule all meetings of the Board of Governors at times and location(s) of the President s choosing. c. Special Meetings i. By a call of the President, by the petition of a majority of the members of the Board of Governors, or by petition of ten percent (10%) of the Student Bar Association membership, a special meeting can be called with one day s notice. 3. Notice a. Notice will be deemed sufficient and provided when the time, place, and date of the meeting are posted outside the Student Bar Association office or ed to the student body. Section 3: Removal A member of the Board of Governors may be removed in three ways: 1. Removal By Recall Referendum a. Any member of the Student Bar Association may create a petition for the removal of a Board of Governors member. b. At least 10% of eligible voters of the position in question must sign the petition to move it to a referendum. c. A Board of Governors member is removed if a majority of eligible voters for the position in question vote in favor of removal. 2. Removal By Attendance a. A Board of Governors member is automatically removed if he or she has 3 unexcused or 5 total absences from required Association activities in one semester. b. Excuses i. An excuse may be obtained from the President or other member of the Executive Board ii. Twenty-four (24) hours notice is generally sufficient to qualify for an excused absence. c. Required Association Activities i. Required Association activities include regular and special meetings and SBA social events. ii. Bar Reviews are explicitly excluded from this requirement. iii. Any issues involving office hours attendance, or general office hours duties will be handled internally. d. Optional override i. At the next meeting following removal, a Board of Governors member may move for the optional override vote. ii. The removed member shall be reinstated if a majority of the Board of Governor members vote in favor of reinstatement. 8

10 3. Removal By Vote of No Confidence a. A Vote of No Confidence for failure to fulfill assigned duties may be called by four (4) members of the Board of Governors after one warning in writing from the President is given to the member in question and the member fails to address the problem(s) within a reasonable amount of time. i. If the issue(s) pertain to violation of the university honor code, no warning is necessary. b. The Board of Governors and its members will hold a meeting to decide on removal of a Board of Governors member. The member in question has the option to be present to speak on his or her own behalf. c. The Board of Governors member is removed if a three-fourths majority vote is made in favor of removal. Section 4: Vacancies 1. A vacancy occurs because of: a. Removal b. Withdrawal or dismissal from the University c. Failure to maintain a 2.0 grade point average d. Failure to be enrolled as a full time student 2. Executive Board a. In the event of a vacancy in any Executive Board position, the Board of Governors will elect a replacement from the existing Board of Governors to be an interim replacement until the next election cycle. b. An Executive Board position is filled upon a majority vote by the Board of Governors. 3. Board of Governors a. In the event of a vacancy in any other elective office of the Board of Governors, the Executive Board will have two options: i. The vacant officer s duties may be delegated to other members at the discretion of the Executive Board. ii. The Executive Board may call for a special election to be held within three weeks of the vacancy occurring. 1. A special election cannot be held if the next regular election is five weeks or fewer away. 4. Permanently Vacant Offices a. Any office that is vacant because no one ran for such office in the spring election will be filled in the fall election. b. If an office is not filled in the fall, the President has two options: i. Leave the office vacant for the remainder of the year. ii. Appoint a person to the office. 9

11 Section 5: Interpretations Interpretations of this Constitution, the SBA Bylaws, or any other official SBA document are to be made by the Board of Governors. Disputes are resolved by majority vote of the Board of Governors. Section 1: Dates and Provisions Article V Elections 1. Fall Election a. The fall election will be held within thirty days after the first day of classes. b. First year representatives and other vacant positions will be elected in the fall election. 2. Spring Election a. The spring election will be held by the third Wednesday following spring break. b. All Board of Governors positions, except for 1L Representatives, will be elected in the spring election. 3. Voting a. Every current member of the Student Bar Association is eligible to vote in an election, subject to the Election Code. b. Students graduating at the end of a semester are not eligible to vote in that semester s election, with the exception of permanent class officers. Section 2: Qualifications for Office 1. General Qualifications a. A candidate for any office in the Board of Governors must: i. Be a full time student while in office. ii. Be able to hold office for an entire academic year. 1. Persons graduating in December are excluded from running for office. iii. An overall grade average of at least Class Representatives a. A candidate for upper class Representative must run as a member of his or her class. b. A candidate for 1L Representative must run as a member of his or her section. 3. Board of Governors a. Any Association member may run for any Board of Governors position, including Executive Board, with one exception: i. Financial Director 1. Only a current Board of Governors member can run for Financial Director. 2. This is to ensure security of sensitive financial information. 10

12 b. Candidates for Board of Governors positions must be enrolled full-time and continue as bona fide students for at least one year following the election. Section 3: Terms of Office All elected members of the Board of Governors will serve one-year terms beginning and ending three days after the election of that office. Outgoing Board members are required to train newly elected Board members. Section 4: Inauguration 1. Time: All elected members of the Board of Governors will be sworn into office within two weeks after their election. 2. Oath of Office: The President will administer the oath of office to all newly elected Board Members and the oath shall be: I solemnly swear to uphold the Constitution of the University of Texas Student Bar Association and to perform the duties of my office to the best of my ability. Article VI Amendments Any member of the Association may propose amendments to this Constitution by submission of a written proposal to the Board of Governors. A proposed amendment will be adopted upon ratification by a two-thirds majority of the membership of the Board of Governors. Article VII Student Initiatives The Board of Governors will certify any student petition or resolution with the signatures of at least 100 members of the Association. Certification requires the petition to be placed on the Association s ballot in the next regular election. Section 1: Class Determination Article VIII Permanent Class Officers and Their Duties Each student who graduates from The University of Texas School of Law shall be assigned a class liaison within the School of Law. Students who graduate from Texas Law in May or August shall be assigned to the class corresponding to that calendar year. Students graduating in December shall be members of the Class graduating the following May. 11

13 Section 2: Eligibility Only those students graduating in a particular class are eligible to serve as permanent class president or members of the Class Committee of that particular class. Section 3: Officers The permanent class officers shall consist of a Permanent Class President elected by the outgoing class and Class Committee Members appointed through the Office of Alumni Relations and Development. Section 4: President 1. It shall be the duty of the Permanent Class President to act as liaison between the graduation class and the School of Law for solicitation of gifts and other grants, organizing class reunions, and for other duties that may become necessary to the office. 2. The Election Code of the Student Bar Association shall govern the time, place, and manner of the Permanent Class President s election. Section 5: Class Committee 1. Class Committee members shall be responsible for communicating with members of the Class after graduation, serving on the class reunion committee, and for other duties that may become necessary to the office. 2. Class Committee members shall be selected through an application process after the election of the Permanent Class President. The Permanent Class President, SBA President, and representatives of the Alumni Relations and Student Affairs Offices shall select the committee members. 12