The Students Union, The University of Calgary, Governance Bylaw

Transcription

1 The Students Union, The University of Calgary, Governance Bylaw History: Governance Bylaw Created: September 26, 2006 (SLC 64.11) Amended: June 5, 2007 (SLC 65.5) April 15, 2008 (SLC 65.37) September 3, 2008 (SLC 66.23) September 17, 2007 (SLC 66.28) March 31, 2009 (SLC 66.34) Table of Contents Preamble Section 1 Section 2 Definitions and Application Carrying Out of Duties Part 1 Membership Division 1 Definition, Rights, and Disqualification of Membership Section 3 Active Members Section 4 Students Union Privileges Section 5 Termination of Membership by SLC Division 2 Fees Section 6 Exemption of Fees Part 2 The SLC Division 1 Composition, Purposes and Functions Section 7 Establishment of SLC and Changes Section 8 Responsibilities Section 9 Powers, Duties, and Functions Division 2 SLC and SAA Elections Section 10 SLC Compliance with Election Bylaw Section 11 SAA Compliance with Election Bylaw Section 12 Term of office Section 13 Vacant Positions Section 14 Term of office After By Election Section 15 Oath of office Division 3 Duties of SLC Members Section 16 Duties of Members Section 17 Activity Reports

2 2 Division 4 Resignations, Disqualifications, and Insufficient SLC or SAA Members Section 18 Resignations Section 19 Disqualifications Section 20 Approval of Excusable Absence Section 21 Duty to Resign Section 22 Disqualification Due to Violation of Bylaws Section 23 Application for Disqualification Section 24 Decision Coming Into Force Section 25 Commencement or Continuation of a Disqualification Proceeding Section 26 Appeal Section 27 Eligibility for Election Section 28 Vacant Presidency Section 29 Vacant Vice Presidency Section 30 Vacant VP Academic Division 5 SLC Meetings and Proceedings Section 31 Speaker Section 32 Appointment and Term of Speaker Section 33 Colour Night Section 34 Regular SLC Meetings Section 35 Special SLC Meetings Section 36 Open Meetings Section 37 In Camera Meetings Section 38 SLC Quorum Section 39 SLC Voting Procedure Section 40 Valid Proceedings Section 40.1 Faculty Reps at SLC Division 6 Conflict of Interest Section 41 Conflict of Interest Defined Section 42 Declaration of Conflict of Interest Section 43 Benefits Received and Reimbursement Division 7 Meeting Proceedings and Decisions Generally Section 44 Calling of Meetings Section 45 The Carrying Out of Powers Section 46 Validity of Resolutions Section 47 Recording of Decisions Section 48 SLC Committees

3 3 Division 8 Making Bylaws and SLC Procedures Section 49 Jurisdiction of Bylaws Section 50 Passage of Bylaws and Voting Section 51 Coming Into Force Section 52 Power to Amend and Repeal Section 53 SLC Procedures Section 54 Passage of SLC Procedures Section 55 Power to Amend and Repeal Division 9 Town Hall Meetings Section 56 Town Hall Meetings Part 2 Student Academic Assembly Division 1 Composition, Purposes and Functions Section 57 Establishment and Composition Section 58 Responsibilities Section 59 Powers and Functions Section 60 Duties Section 61 Faculty Rep Responsibilities Section 62 Meetings Division 2 Appointed Faculty Representatives Section 63 Filling Vacant Positions Section 64 Duties, Rights, and Responsibilities Division 3 Meeting Proceedings Section 65 Quorum Section 66 Voting Section 67 Invalidity of Proceedings Section 68 Making of Meeting Procedures Section 69 Establishment of Committees Section 70 Carrying Out of Duties Section 71 Recording of Decisions Section 72 Validity of Resolutions Division 4 Making SAA Procedures Section 73 Jurisdiction of Procedures Section 74 Coming Into Force

4 4 Part 3 Executive Cabinet Division 1 Composition and Commissioner Representatives Section 75 Composition Section 76 Commissioner Representatives Division 2 Executive Cabinet Purposes, Functions, Duties, and Authority Section 77 Responsibilities Section 78 Functions Section 79 Executive Responsibilities Section 80 Specific Responsibilities Division 3 Meeting Proceedings Section 81 Quorum Section 82 Voting Section 83 Invalidity of Proceedings Section 84 Procedures Section 85 Establishment of Committees Section 86 Carrying Out of Duties Section 87 Recording of Decisions Section 88 Validity of Resolutions Division 4 Making Executive Cabinet Procedures Section 89 Jurisdiction of Procedures Section 90 Coming Into Force Division 5 The President Section 91 Establishment Section 92 Duties Section 93 Functions Section 94 Ex officio on Committees Section 95 Delegation of Duties Division 6 The Vice Presidents Section 96 Establishments Section 97 Responsibilities Section 98 VP Academic Responsibilities Section 99 VP Operations and Finance Duties and Responsibilities Section 100 Delegation of Duties

5 5 Division 7 Executive Cabinet Accountability Section 101 Duties and Courses Section 102 Activity Reports Section 103 Commissioner Reports Section 104 Goal Presentation Part 4 Commissions Division 1 Establishment Section 105 Establishment and Composition Division 2 Appointed Commissioners Section 106 Vacancies and Appointed Commissioners Division 3 Commission Purposes Section 107 External Commission Section 108 Events Commission Section 109 Operations and Finance Commission Section 110 Academic Commission Division 4 Commission Functions Section 111 Commission Functions Section 112 Operations and Finance Functions Division 5 Commission Quorum and Meeting Proceedings Section 113 Quorum Section 114 Voting Section 115 Invalidity of Proceedings Division 6 Decisions Generally Section 116 Function by Resolution and Procedure Section 117 Carrying Out of Duties Section 118 Recording of Decisions Section 119 Validity of Decisions Division 7 Making Commission Procedures Section 120 Procedural Jurisdiction Section 121 Commission Resolutions and Voting Part 6 Petitions Section 122 Initiation of Referendum and Plebiscite Part 7 General Provisions Section 123 Public Notice

6 6 Section 124 Elected and Appointed Honoraria Part 8 SU Strategic Plan Section 125 Strategic Plan Section 126 Executive Goals

7 The Students Union, The University of Calgary The Governance Bylaw Approved SLC Meeting 11/64, September 26, 2006 Amended SLC Meeting 5/65, June 5, 2007 WHEREAS section 95 of the Post Secondary Learning Act, SA 2003, P 19.5 authorizes the Students Legislative Council to make bylaws governing membership, election of officers, meetings, membership fees and any other matter pertaining to the management and affairs of the Students Union. NOW THEREFORE the Students Legislative Council enacts as follows: Definitions 1(1) In this bylaw, a) Active Member means a student at the University of Calgary who meets the qualifications for membership established by section 3 of this bylaw; b) Application means an Application by an SLC or an Active Member for the Students Union Review Board to hear and decide any matters within its jurisdiction as established by section 4 of the Judicial Bylaw; c) Appointed Commissioner means a person appointed to a Commission in accordance with section 106 of this bylaw; d) Appointed Faculty Representative means a person appointed to the SAA in accordance with section 63 of this bylaw; e) Class Day means a weekday when lectures are held during SLC block weeks and fall, winter, spring or summer university sessions; f) Colour Night means the date on which the SLC and SAA hold the swearing in of the new SLC and SAA elected members in accordance with section 33 of this bylaw; g) Commission means a Commission of the SLC established by section 105 of this bylaw;

8 2 h) Commissioner means an Active Member elected or appointed to the Operations/Finance Commission, External Commission, Academic Commission, or Events Commission. i) Commission Member means the members of a particular Commission as established by section 105 of this bylaw; j) Commission procedure means a procedure established in accordance with sections 120 and 121 of this bylaw; k) Commissioner Representative means a Commissioner appointed to sit on the Executive Cabinet in accordance with section 76 of this bylaw; l) Committee of Hearing is a committee of the SLC or the SAA that hears Applications on the disqualification of SLC or SAA Members or violation of the Constitution, bylaws, and procedures by SLC or SAA Members; m) Constitution means the Students Union, The University of Calgary Constitution; n) Executive Cabinet means the Executive Cabinet of the Students Union as established by the Constitution; o) Executive Cabinet Member means the President, the 4 Commission Vice Presidents, and the 2 Commissioner Representatives as set out in section 75 of this bylaw; p) Executive Cabinet procedure means a procedure established in accordance with sections 89 and 90 of this bylaw; q) Faculty Representative means an Active Member elected or appointed to the Student Academic Assembly to fill a Faculty Representative position; r) Off Campus Student means an undergraduate student registered in only courses delivered outside of the City of Calgary or an undergraduate student participating in a program related workterm off the University of Calgary campus, but does not include an undergraduate student registered in a program delivered at another institution where the Students Union has an

9 3 agreement to collect fees on behalf of the student organization at that institution; s) Plebiscite means a vote of Active Members on a question, the results of which do not bind the Students Union; t) President means the President of the Students Union as established by section 89 of this bylaw; u) Quorum means the minimum number of members of a particular body as set out in this bylaw that must be present at a meeting of the body before the meeting s proceedings are valid; v) Reasonable Grounds means a bona fide belief in a serious possibility based on credible evidence and discernable facts that substantiate this; w) Referendum means a vote of Active Members on a question, the results of which bind the Students Union; x) Review Board means the Students Union Review Board, The University of Calgary established by article VIII of the Constitution; y) SAA means the Student Academic Assembly established by section 57 of this bylaw; z) SAA Member means the members of the Student Academic Assembly as established by section 57 of this bylaw; aa) SAA Procedure means a procedure established in accordance with sections 73 and 74 of this bylaw; bb) SLC means the Students Legislative Council, The University of Calgary established by Article VI of the Constitution; cc) SLC Member means an elected or appointed Commissioner, a Vice President, or the President; dd) SLC Procedure means a procedure established in accordance with sections 53 and 54 of this bylaw; ee) Speaker means the SLC Speaker established by section 31 of this bylaw;

10 4 ff) Students Union means The Students Union, The University of Calgary, established by section 95 of the Post Secondary Learning Act; gg) Town Hall Meeting means an SLC meeting as set out in article V of the Constitution; hh) Tribunal means the Students Tribunal, The University of Calgary, established by article VIII of the Constitution; and ii) Vice President means the Vice President of a Commission as established by section 96 of this bylaw. (2) The definitions in this section apply to all bylaws unless otherwise defined in the bylaw. Principles Stated 2 The SLC, the SAA, the Executive Cabinet, all Commissions and all Students Union committees must carry out their powers, duties, functions, and responsibilities based on the following principles a) the principle of benefiting the members of the Students Union; b) the principle of cooperation; c) the principle of fairness; d) the principle of respect for rights and freedoms Part 1 Membership Division 1 Definition, Rights, and Disqualification of Membership Active Members 3(1) Except as provided for in this or other bylaws, a person becomes an Active Member when the person registers for at least 1 course as an undergraduate student at the University of Calgary. (2) Except as provided for in this or other bylaws, and unless the person s membership is ended earlier, a person stops being an Active Member when the person a) does not register for at least 1 course in either the Fall or Winter session as an undergraduate student at the University of Calgary, or

11 5 b) fails to pay either their Fall or Winter session Students Union fees to the University of Calgary controller in accordance with University of Calgary procedures and this bylaw. Privileges 4 All Active Members are entitled to full Students Union privileges, which include, but are not limited to, a) if qualified under the Election Bylaw, to vote in any Students Union election, Referendum, or Plebiscite; b) to be a member of the SLC if qualified and if elected or appointed in accordance with the bylaws; c) to request the SLC to act on any matter within the authority of the SLC; d) to make Application to the Review Board in respect of any matter within the authority of the Review Board; e) to vote at Town Hall Meetings; f) to make use of the facilities and services provided by the Students Union; g) to exercise any other rights of Active Members set out in the Constitution and bylaws. Ending Membership 5(1) The SLC may end the membership of an Active Member only by an SLC resolution passed in accordance with this section. (2) The membership of an Active Member in the Students Union can be ended only if the member a) fails to fulfill the requirements for membership in the Students Union, or b) contravenes the Constitution or bylaws. (3) No SLC resolution ending a person s membership can be submitted to a vote unless the Review Board has heard the matter and recommends to the SLC that the person s membership be ended. (4) An SLC resolution ending a membership is valid only if 2/3 of the elected SLC Members vote in favour of it.

12 6 Division 2 Fees Fees 6 Undergraduate students 65 years or older do not pay Students Union fees to the University of Calgary controller in accordance with University of Calgary procedures. All students under the age of 65 must pay Students Union fees. Part 2 The SLC Division 1 Composition, Purposes and Functions SLC Composition 7(1) The SLC established by the Constitution is composed of a) the President; b) the Vice President Academic; c) the Vice President Events; d) the Vice President External; e) the Vice President Operations and Finance; f) 4 Academic Commissioners; g) 4 Events Commissioners; h) 4 External Commissioners; i) 4 Operations and Finance Commissioners; and j) any Appointed Commissioners appointed in accordance with section 106 of this bylaw as nonvoting members. (1.1) To change the structure of the SLC as laid out in 7(1)(a) (k) it shall take two readings in which a 2/3 majority of all SLC Members must vote in favour of the structural change. (2) The SLC is a continuing body, it is not subject to renewal by the Active Membership or any other body. Purposes 8 The SLC is responsible for a) ensuring the policies and programs of the Students Union are appropriately developed and evaluated;

13 7 b) ensuring the powers, duties and functions of the Students Union are appropriately carried out; c) carrying out the powers, duties, and functions expressly given to it under this or any other bylaw. Power, duties and functions 9 The SLC a) has the powers given to it by section 95 of the Post Secondary Learning Act, the Constitution, this bylaw, and other bylaws, b) has the duties that are imposed on it by section 95 of the Post Secondary Learning Act, the Constitution, and those that the SLC imposes on itself as a matter of bylaw, procedure, or resolution, and c) has the functions that are described in section 95 of the Post Secondary Learning Act, the Constitution, this bylaw and other bylaws. Division 2 SLC and SAA Elections SLC elections 10 All SLC Members and Appointed Commissioners must be elected to the SLC in accordance with the Election Bylaw. SAA elections 11 All SAA Members except Appointed Faculty Representatives must be elected to the SAA in accordance with the Election Bylaw. Term of office 12 The term of office for an SLC or an SAA Member elected at a general election a) starts after reciting the oath of office and being sworn in at the organizational meeting on Colour Night, b) ends with the beginning of the SLC and SAA organizational meeting on Colour Night the following year. Vacancies 13(1) If a position is not filled at a general election or a vacancy on the SLC or the SAA occurs before the CRO posts the official notice of nomination for a by

14 8 election, the vacancy must be filled at the upcoming by election. (2) If a vacancy is not filled at a by election, the vacancy shall remain until the next general election unless 2/3 of all elected SLC Members vote at an SLC meeting in favour of holding a by election. However, the affected commission may appoint an Active Member to occupy the vacant position, pursuant to section 106 of this bylaw. These appointments shall be confirmed by simple majority SLC vote. By election terms 14 The term of office for an SLC or an SAA Member elected at a by election a) starts on the date the election result is declared, and b) ends when the new elected official is sworn in for that position or at the beginning of Colour Night should the position be vacant from the general election. Oath of Office 15(1) All SLC and SAA Members must take an oath of office administered by the Speaker before starting their duties. (2) The oath of office for all SLC Members except the President shall be I, (person s name), do hereby affirm that I will diligently, faithfully and to the best of my ability fulfill the duties and responsibilities of the position of (name of position) of The Students Legislative Council in accordance with the Constitution and bylaws and in the best interests of the members of the Students Union, The University of Calgary. (3) The oath of office for the President shall be I, (person s name), do hereby affirm that I will diligently, faithfully and to the best of my ability fulfill the duties and responsibilities of the office of President and Chief Elected Official of the Students Union in accordance with the Constitution and bylaws

15 9 and in the best interest of the members of the Students Union, The University of Calgary. (4) The oath of office for Faculty Representatives shall be I, (person s name), do hereby affirm that I will diligently, faithfully and to the best of my ability fulfill the duties and responsibilities of the position of (name of position) of The Student Academic Assembly in accordance with the Constitution and bylaws and in the best interests of the members of the Students Union, The University of Calgary. Division 3 Duties of SLC Members General duties 16 SLC Members have the following duties a) to consider the welfare and interests of the Students Union as a whole and to bring to the SLC s attention anything that would promote the welfare or interests of the Students Union and its members; b) to participate generally in developing and evaluating the policies and programs of the Students Union; c) to attend and participate in SLC meetings, SLC committee meetings, Commission meetings and meetings of other bodies to which they are appointed by the SLC. d) to hold in strict confidence, unless required by law to disclose, all confidential information acquired in camera or in the course of the member s duties which, if divulged, would be prejudicial to the interests of the Students Union; e) to express and support the policies, resolutions, bylaws and interests of the Students Union when representing the Students Union in an official capacity; f) to perform any other duty or function imposed on SLC Members by this or any other bylaw or by the SLC.

16 10 Progress Reports 17 The SLC must describe, in an SLC Procedure, the process and requirements for SLC Members to prepare regular activity reports. Division 4 Resignations, Disqualifications, and Insufficient SLC or SAA Members Resignation 18(1) An SLC or an SAA Member may resign by giving a signed notice of resignation, attested to by two Active Members as witnesses, to the President. (2) The resignation takes effect from the date listed in the letter of resignation; if no date is present the resignation is effective as soon as the letter is received by the President. Disqualification 19(1) An elected or appointed member of the SLC or the SAA is disqualified from remaining on that body if a) the member is not eligible for nomination as a candidate under the Constitution, this bylaw, the election bylaw, or any other bylaw or procedure. b) the member becomes in any way employed by the Students Union. c) the member uses information gained, confidential or otherwise, through their position as an SLC or an SAA Member that is not available to Active Members to gain a financial or material benefit either directly or indirectly. d) the member contravenes the conflict of interest provisions in Division 6 of this bylaw; e) the member is absent without a resolution approving the absence, from i) 3 or more consecutive SLC or SAA meetings of which the member had notice during either a Fall or a Winter session, or ii) a total of 4 or more SLC or SAA meetings of which the member had notice during either a Fall or a Winter session; f) the member carries a debt greater than $75 with the Students Union for more than 60 days, unless the member has entered into a written agreement with the Students Union to repay the debt and the

17 11 member is not behind in payments under the agreement. g) the member is disqualified by an order issued by the Review Board or the Tribunal in a hearing initiated pursuant to section 89(4) of the Election Bylaw. h) if at any point the member ceases to be an Active Member of the Students Union. (2) No executive member shall: a) work for the Students Union in any capacity within three years of the completion of the member s term as an executive member. b) Notwithstanding subsection a) the member may work in a casual labour position so long as such a position existed one year prior to the member finishing their term as an Executive. Absent members 20(1) The SLC or SAA must approve a member s excusable absence from a meeting by the end of the meeting immediately following the meeting at which the member was absent. (2) An SLC or an SAA Member is not considered to be absent from a meeting if the member is absent on Students Union business. (3) A member with approval to be absent or absent on Students Union business is still considered absent from the meeting for the purpose of determining the member s honoraria. Duty to resign if disqualified 21(1) If a person is disqualified from remaining an SLC or an SAA Member, the person must resign immediately. (2) If the person does not resign, any SLC or SAA Member may cause a resolution to be written and taken to SLC for voting declaring the person to be disqualified from being an SLC or an SAA Member and the seat on the SLC or the SAA to be vacant.

18 12 Sanctions for violation of bylaws and procedures 22(1) An SLC, an SAA or an Active Member that can show reasonable grounds for believing that an SLC or an SAA Member is disqualified or has violated the Constitution, bylaws, or procedures may apply to the SLC or the SAA, as appropriate, for a resolution declaring that the member is disqualified or has violated the Constitution, bylaws, or procedures. (2) A request made under sections 21 or 22 must be made within 4 weeks of the time when the disqualification of the SLC or SAA Member or the violation of the Constitution, bylaws or procedures by the member was first discovered or with reasonable diligence might have been first discovered. Hearings and decisions 23(1) The SLC, the SAA or the Active Member applying to the SLC or the SAA for a resolution under sections 21 or 22 shall submit the Application to the President. (2) If the President or any Executive member is named as a party to or a witness to the disqualification or violation of the Constitution, bylaws, or procedures, the SLC or Active Member shall submit the Application to the Review Board, and the Review Board shall carry out the hearing. (2.1) If the President and the Vice President Academic are named as parties or witnesses to an SAA hearing, the member applying to the SAA for a resolution under sections 21 or 22 shall submit the Application to the Chair of the Review Board for a hearing in accordance with the Judicial Bylaw. (3) The Application shall include all the information required of a Review Board Application by the Judicial Bylaw and the General Rules of Procedure. (4) The Review Board Chair, shall notify all the parties to the Application and set dates and times for the hearing and submissions, so far as may be necessary to apply the practice and procedure contained in the General Rules of Practice for the Review Board and Tribunal.

19 13 (5) The hearing must take place at a regular or special SLC or SAA meeting as required. (6) The SLC or SAA shall go into a Committee of Hearing. (7) If the Application pertains to a Faculty Representative, the SAA shall form the Committee of Hearing. (8) If the Application pertains to an SLC Member, the SLC shall form the Committee of Hearing. (9) The President is the Committee of Hearing Chair, and all SLC or SAA Members except those who are parties to the hearing, are committee members. (10) The Review Board Chair shall conduct the hearing with the rules and procedures set out by the General Rules of Procedure for the Review Board and Tribunal. (11) The Committee of Hearing is open to the public, but the Committee shall go in camera to deliberate and approve a recommended resolution in accordance with subsection (14). (12) When the Committee of Hearing has approved a recommended resolution, the Committee shall rise and report the recommendation to the SLC or the SAA. (13) When the SLC or the SAA receives the Committee of Hearing s recommendation, the SLC or the SAA shall immediately vote on the recommended resolution. (14) The SLC or the SAA, upon reviewing a matter related to sections 21 or 22 may a) except for a matter related to the violation of a procedure, declare the person to be disqualified and the seat on the SLC or the SAA to be vacant, b) except for a matter related to the violation of a procedure, by resolution declare the person to be disqualified, the seat on the SLC or the SAA to be

20 14 vacant and the person ineligible to run in a Students Union election for up to 3 years, c) if the SLC, SAA, or Review Board finds that the member is disqualified or is in violation of the Constitution, bylaws, or procedures and disqualification is not warranted in the circumstances, but the member is nevertheless deserving of punishment, by resolution fine the member up to 100% of the monthly honoraria in the case of commissioners, faculty reps, or students at large or up to 50% of the salary if the member is on the executive. The SLC or SAA shall not suspend a member it does not wish to disqualify. d) declare the member not disqualified or is not in violation of the Constitution, bylaws, or procedures if it finds that the allegations in the request are not proven or that disqualification or punishment is not warranted in the circumstances, e) if the SLC or the SAA finds that the member is disqualified or in violation of the Constitution, bylaws, or procedures, dismiss the request if the SLC is of the opinion that the disqualification arose inadvertently or by reason of a genuine error in judgment made in good faith, or f) if the SLC or the SAA finds that i) the matter is of a controversial nature, ii) it is unable to give a fair hearing due to personal conflicts, or iii) the matter pertains to the interpretation and validity of the Constitution or bylaws, the SLC or the SAA may refer the request to the Review Board as an Application for Hearing. (15) A resolution to disqualify a member under subsection (14) is valid only if 2/3 or more of the SLC or the SAA Members eligible to vote do vote in favour of the resolution.

21 15 Status of SLC decisions 24 A decision of the SLC or the SAA, except a decision to refer a matter to the Review Board, comes into effect a) if the decision is not appealed, at the end of the appeal period, or b) if the decision is appealed, at the time judicial process is completed in accordance with the Judicial Bylaw. Commencement or continuation of a disqualification proceeding 25 A resolution may be passed or an Application to the Review Board may be started or continued even though an election has been held between the time when the violation is alleged to have arisen and the time when the Application is started and whether or not the SLC or the SAA Member a) resigns before or after the election, b) was re elected in the election, c) was not re elected or did not run in the election, or d) has finished a term of office. Appeal 26(1) Any party to a hearing under sections 21 or 22 may make an Application for appeal to the Tribunal by submitting an Application for appeal to the Tribunal Chair within 7 days of receiving a written decision. (2) If on the determination of an appeal to the Tribunal under this section the disqualification is set aside but the term of office for which the member was elected has expired, the person is eligible to be elected at the next general election if otherwise qualified. Eligibility for election 27 Unless the SLC or the SAA declares the person ineligible to run in an election under section 23(14)(b), a member who is disqualified and resigns or has their seat declared vacant is eligible to be elected at the next election if the person is otherwise qualified.

22 16 Vacant Presidency 28(1) If vacancy occurs in the office of the President, the most senior, elected Vice President, under subsection 28(3), who agrees to take on the office, shall hold office for the balance of the term unless a by election is held under section 14 of the Election Bylaw to fill the vacancy. (2) If all the elected Vice Presidents refuse to take on the office of President, all the powers and duties of the office shall revert to the Executive Cabinet for the balance of the term unless a by election is held under section 14 of the Election Bylaw to fill the vacancy. (3) The seniority for Vice Presidents is a) Vice President Academic, b) Vice President External, c) Vice President Events, d) Vice President Operations and Finance. Vacant Vice Presidency 29(1) If a vacancy occurs in the office of Vice President External, Events, or Operations and Finance, the SLC shall elect another Vice President out of the members of the commission lacking a Vice President to hold office for the balance of the term unless a by election is held under section 14 of the Election Bylaw to fill the vacancy. (2) If all the commissioners refuse to take on the office of Vice President, all the powers and duties of the office shall revert to the Commission for the balance of the term unless a by election is held under section 14 of the Election Bylaw to fill the vacancy. (3) If a Commissioner agrees to fill a vacancy in the office of Vice President, the Commissioner must resign as a Commissioner. (4) If a vacancy in the office of Vice President is filled by a by election held in accordance with the Election Bylaw, or a Vice President is reinstated under subsection 28, a Commissioner who has resigned from office under subsection 29(3) shall be re instated as a Commissioner. If a Commissioner is elected as

23 17 an interim Vice President by SLC that person shall be re instated to their previous Commissioner position only if the elected interim Vice President chooses not to run in the by election. Vacant VP Academic 30(1) If a vacancy occurs in the office of the Vice President Academic, the SAA must elect another vice President from among the Academic Commissioners to hold office for the balance of the term unless a by election is held under section 14 of the Election Bylaw to fill the vacancy. (2) If all the Academic Commissioners refuse to take on the office of Vice President, all the powers and duties of the office shall revert to the SAA for the balance of the term unless a by election held under section 14 of the Election Bylaw to fill the vacancy. (3) If an Academic Commissioner agrees to fill a vacancy in the office of Vice President, the Commissioner must resign as a Commissioner. (4) If a vacancy in the office of Vice President Academic is filled by a by election held in accordance with the Election Bylaw, or a Vice President Academic is reinstated under subsection 28, a Commissioner who has resigned from office under subsection 29(3) shall be re instated as a Commissioner. If a Commissioner is elected as an interim Vice President by SLC that person shall be re instated to their previous Commissioner position only if the elected interim Vice President chooses not to run in the by election. Division 5 SLC Meetings and Proceedings Speaker 31(1) The office of Speaker of the SLC is established. (2) The Speaker is responsible for the conduct of SLC meetings in accordance with the bylaws and SLC Procedures. (3) The Speaker, or the person presiding at the meeting, has the authority and responsibility to expel and exclude a person from an SLC meeting if the person engages in improper conduct at an SLC meeting.

24 18 Appointment and term of Speaker 32(1) The SLC shall appoint a Speaker from a list of qualified candidates submitted to the SLC by the Standing Nominating Committee. (2) A person is not qualified to become or remain Speaker if that person a) ceases to be an Active Member; b) is a member of the General Faculties Council, the SLC, or the SAA in any capacity beyond being the speaker. c) is an appointee of the SLC or SAA other than as Speaker; d) is a member of a committee of the SLC, the SAA, a commission or the Executive Cabinet; e) is a member of the board or executive, or a fulltime employee of The Gauntlet Publications Society, New University Television Society (NUTV), or The University of Calgary Students Radio Society (CJSW); f) is a full time or regular part time employee of the Students Union; g) has held the office of Students Union President, Vice President Academic, Vice President External, Vice President Events, or Vice President Operations and Finance during the academic year prior to becoming speaker. h) is deemed by the SLC to be an unsuitable candidate to be Speaker; i) is absent from 2 consecutive SLC meetings; j) is guilty of violating the Constitution, bylaws, or procedures; k) takes an active role during any election, referendum, or plebiscite other than casting their vote. (3) A Speaker s term a) starts at the beginning of the first SLC meeting at which the person presides as Speaker, and

25 19 b) ends if i) the Speaker resigns by giving a signed notice of resignation, attested to by 2 witnesses, to the President, or ii) the SLC votes in favour of removing the Speaker from office. iii) ceases to be an Active Member. Organizational Meeting 33(1) The first meeting of the SLC and the SAA elected at a general election shall be a meeting known as an organizational meeting, which must be held on Colour Night. (2) The President shall set the time and place for Colour Night, which must be held a) after the last day of classes for the Winter session, and b) in accordance with article VI of the Constitution, no later than 12 weeks after the last day of balloting in the general election Regular SLC meetings 34(1) The SLC must hold as many meetings in each year as it considers necessary to deal with Students Union affairs. (2) The SLC may establish an SLC Procedure setting the day, time and place for regular meetings of the SLC, in which case notice of the meetings is deemed to have been given to all members. (3) If the Executive Cabinet decides to cancel a regular SLC meeting, the Executive Cabinet must make a reasonable effort to give the members at least 24 hours verbal or written notice of the cancellation. Special SLC meetings 35(1) The President a) may call a special SLC meeting whenever the President considers it necessary to do so, and

26 20 b) must call a special SLC meeting if the President is requested to do so in writing by a majority of the Executive Cabinet or the SLC. (2) A special SLC meeting called under subsection (1) must be held within 3 class days of the date that the President receives the request. (3) A special SLC meeting can be held only if a reasonable effort has been made to notify all the SLC Members and the Speaker of the date, time, place and purpose of the meeting. (4) Reasonable effort to notify an SLC Member or the Speaker includes a) giving written notice, including , to a member or to an adult person at the member s home, or b) placing a written notice of the meeting in the member s mailbox in the Students Union office and informing the member or an adult person at the member s home that there is a meeting notice in the member s mailbox; 12 hours or more prior to the meeting. (5) Written notice of all special SLC meetings must be posted in the Students Union office 12 hours or more prior to the meeting. (6) A special SLC meeting can be held with less than 12 hours notice to all SLC Members and the Speaker if at least 2/3 of all elected members agree to this in writing before the beginning of the meeting. (7) Only the business specified in the notice calling the meeting can be conducted at a special SLC meeting unless all the SLC Members are present, in which case, by unanimous consent, any other business can be conducted. Open meetings 36 SLC meetings are open to the public.

27 21 Committee meetings 37(1) Notwithstanding section 36 of this bylaw, the SLC can vote to go into committee of the whole or part the SLC and while in committee may exclude persons who are not members of the committee from the meeting. (2) The SLC cannot pass a bylaw, procedure, or resolution while it is in committee, except a resolution to revert to an open SLC meeting. SLC quorum 38 A majority of the SLC Members elected and sworn in must be present at SLC meetings to form a Quorum. SLC voting procedure 39(1) Each SLC Member present at an SLC meeting has 1 vote on matters put to a vote at the meeting, unless the member is required or permitted to abstain from voting under this or any other bylaw. (2) If there are an equal number of votes on any matter, the resolution is defeated. (3) An SLC Member cannot be represented, or vote, by proxy. (4) An SLC Member present at a meeting when a matter is put to a vote shall vote on the matter unless the member is required or permitted to abstain from voting under this or any other bylaw. (5) The SLC must ensure that each abstention and the reasons for the abstention are recorded in the minutes of the meeting. (6) SLC Members present at an SLC meeting are able to abstain from voting on all substantive motions and resolutions. If an SLC Member present at an SLC meeting leaves the room during a vote that member is deemed to have abstained from voting. Valid proceedings 40 Proceedings of the SLC or an SLC committee are not invalid because of a vacancy on the SLC if a Quorum of the SLC remains in office.

28 22 Faculty Reps at SLC 40(1) Faculty Representatives may participate in SLC meetings to represent the views of the students in their faculty on issues that affect their faculty. (2) If a Faculty Representative exercises their right to participate in an SLC meeting, the Faculty Representative has all the rights and responsibilities of an SLC Member except the right to vote and, unless explicitly excluded by the SLC, the right to enter an in camera committee meeting, and is not counted to determine Quorum. Division 6 Conflict of Interest Conflict of interest 41(1) A conflict of interest includes a) an SLC Member having any personal, financial, or business interest in organizations supplying property, goods, or services to the Students Union or its businesses, services, or affairs; b) any SLC Member receiving directly or indirectly any cash payment, gift, gratuity, or other personal reward that the member knows, or should have known, is intended to influence the Students Union s business transactions or that of its businesses, services, or affairs; c) any use by an SLC Member of the member s office or powers to influence a decision of the Students Union that will further the member s private interests; d) an SLC Member accepting a gift, favour, or service from any individual, organization, or corporation other than the normal exchange of gifts between friends, the normal exchange of hospitality between persons doing business together, token exchanges as part of protocol or the normal presentation of gifts to persons participating in public functions; e) any use by an SLC Member of confidential information obtained in the course of carrying out the powers or duties of office to further the private interest of the member or a person directly associated with the member;

29 23 f) involvement of an SLC Member in outside interests, including other employment, must not adversely affect that member s performance or responsibilities with the Students Union or its affiliates in the performance of that member s duties or responsibilities. g) any SLC Member who is a party to or involved in litigation against the Students Union or affiliated group. (2) Subsection (1) applies to all SLC and SAA Members, all SLC Committee Members, and the parents, spouses, brothers, sisters, aunts, uncles, spouse s parents and children of the members. (3) Any exception to this section must be approved in advance by the SLC. Declaration and withdrawal 42(1) An SLC Member must immediately declare any potential conflict of interest and shall not participate in deliberations or vote on a resolution in respect of that interest and must be excluded from the meeting during the deliberations. (2) The official minutes of the meeting must note the SLC Member s declaration of conflict of interest and withdrawal from the meeting. (3) If a disagreement arises about whether an SLC Member has a conflict of interest in a matter before the SLC, the SLC must decide by vote whether the member has a conflict of interest, and the member in question cannot take part in that vote, but is bound by it. (4) If the matter with respect to which the SLC Member has a conflict of interest is a question on which, under this bylaw or another bylaw, the member as an Active Member has a right to be heard by the SLC, a) it is not necessary for the member to leave the room, if, as an Active Member, the member would have the right to remain in the room, and

30 24 b) the member is entitled to exercise a right to be heard in the same manner as a person who is not an SLC Member. (5) An SLC Member who is not permitted under this section to take part in deliberations and to vote on a resolution cannot be counted for the purpose of determining Quorum. Accounting of benefits received 43 The SLC may request a) that an SLC Member provide a detailed list of any benefits received directly or indirectly by the member as a result of a breach of the conflict of interest provisions, and b) that the member shall reimburse the Students Union for an amount up to the value of the benefits listed in clause (a) should the Students Union be placed at a disadvantage due to the benefits received by the member. Division 7 Meeting Proceedings and Decisions Generally Meeting procedures 44 The SLC may a) establish or adopt procedures for i) calling of meetings and the public notice to be given of them, ii) the contents of SLC meeting agendas, and setting and distribution of SLC meeting agendas, iii) conduct of meetings, and iv) recording of proceedings and decisions at SLC, committee or Town Hall Meetings; b) establish a Quorum for committee meetings and the procedure to be followed when a vote is taken on matters at committee meetings. Kinds of decision 45(1) Only the SLC can carry out the powers, duties, and functions given to it by the Post Secondary Learning

31 25 Act, the Constitution, this bylaw or any other bylaw except when this bylaw, the Constitution or any other bylaw permits otherwise. (2) The SLC can carry out its powers, duties, and functions only by a) resolution, b) SLC Procedure, when required by this bylaw or any other bylaw, or c) bylaw, when required by this bylaw or any other bylaw. Resolution 46 A resolution of the SLC is valid only if at least a majority of the SLC Members present at the meeting vote in favour of it at an SLC meeting, except when this bylaw or other bylaw permits otherwise. Minutes 47 All resolutions, decisions, and other proceedings of the SLC must be recorded in writing or electronically and be accessible to the public on demand. Delegation 48(1) The SLC may appoint committees which may include SLC Members. (2) The SLC may delegate to a committee any of the SLC s powers or duties, with or without conditions, except the power to make bylaws and SLC Procedures. (3) A committee that has been delegated the performance of a duty or exercise of a power by the SLC shall exercise that power or perform that duty with the same effect as though it were performed by the SLC. (4) A committee cannot delegate a power or duty delegated to it by the SLC except when this bylaw, the Constitution, any other bylaw, or the SLC permits otherwise. (5) For the purposes of this section, the SAA, all Commissions and Executive Cabinet are deemed to be committees.

32 26 Division 8 Making Bylaws and SLC Procedures Bylaw authority 49 The SLC may make bylaws respecting those matters set out in the Post Secondary Learning Act. Enactment of bylaws 50(1) A bylaw has no effect unless it is given 2 distinct and separate readings at a meeting of the SLC, and no more than 1 reading shall be given at the same meeting. (2) If a proposed bylaw is in writing and available to SLC Members and is posted in the Students Union office, only the title of the proposed bylaw need be read at the SLC meeting. (3) Following first reading and debate, if any, of a proposed bylaw, a vote of the elected SLC Members must be taken and the proposed bylaw can be given second reading only if at least a majority of the elected members present at the meeting vote in favour of the bylaw. (4) Following the second reading and debate, of any, of a proposed bylaw, a vote of the elected SLC Members must be taken and the proposed bylaw can come into effect only if 2/3 or more of all elected SLC Members vote in favour of the bylaw. (5) Any amendments to a proposed bylaw made after first reading shall be deemed to have been read a first time or second time as required. (6) If a bylaw does not receive second reading within 3 months of the first reading, the first reading is cancelled. (7) If the bylaw is defeated on second reading, the first reading is cancelled. Effective date 51 A bylaw comes into effect a) on the day after it is approved after second reading, or b) on any later date or dates specified in the bylaw.

33 27 Amendment 52(1) The power to pass a bylaw under this or any other bylaw includes a power to amend or repeal the bylaw. (2) The amendment or repeal must be made in the same way as the original bylaw and is subject to the same consents or conditions that apply to the passing of the original bylaw unless this or any other bylaw provides otherwise. SLC Procedure authority 53 The SLC may make SLC Procedures respecting a) the general governance of Students Union activities and services; b) the operation, maintenance, and control of MacEwan Hall and MacEwan Student Centre in accordance with all agreements and conditions with The University of Calgary; c) prohibiting or regulating the posting or exhibition of pictures, posters, other material, or advertising devices in and around MacEwan Hall and MacEwan Student Centre; d) those matters set out in this or any other bylaw. Enactment of SLC Procedures 54(1) An SLC Procedure has no effect unless it is passed by resolution. (2) If a proposed SLC Procedure is in writing and available to SLC Members and posted in the Students Union office, only the title of the proposed SLC Procedure need be read at the SLC meeting. Amendment 55(1) The power to pass an SLC Procedure under this or any other bylaw includes a power to amend or repeal the SLC Procedure. (2) The amendment or repeal must be made in the same way as the original SLC Procedure and is subject to the same consents or conditions that apply to the passing of the original SLC Procedure, unless this or any other bylaw provides otherwise.

34 28 (3) The SLC must describe in an SLC Procedure a process for developing and writing SLC Procedures, bylaws, and their amendments. Division 9 Town Hall Meetings Town Hall Meetings 56(1) The SLC, in conjunction with the SAA, shall hold a Town Hall Meeting in accordance with article V of the Constitution. (2) The SLC must give 5 SU business days public notice or more of the date, time, place, and agenda of the Town Hall Meeting. (3) A Quorum for a Town Hall Meeting is 5% of the Active Members. (4) Only the business specified in the notice calling the meeting can be conducted at a Town Hall Meeting unless 2/3 of all SLC and SAA Members are present, in which case, by a resolution passed by a majority of the SLC and the SAA Members present at the meeting, any other business except the approval or amendment of a bylaw or procedure can be conducted. (5) If a resolution is put to a vote at a Town Hall Meeting, the resolution is valid only if there is a Quorum, at least a majority vote in favour, and the vote was performed by secret ballot. (6) A Quorum is not required for the Students Union to meet the Constitution s requirements for holding a Town Hall Meeting. Part 2 Student Academic Assembly Division 1 Composition, purposes and functions Establishment of the SAA 57(1) The SAA is established. (2) The SAA is composed of a) the President;

35 29 b) the Vice President Academic; c) 4 Academic Commissioners; d) 1 Faculty Representative from each of the following faculties i) Education; ii) Schulich School of Engineering; iii) Fine Arts; iv) Communication and Culture; v) Humanities; vi) Kinesiology; vii) Law; viii) Haskayne School of Business; ix) Medicine; x) Nursing; xi) Sciences; xii) Social Sciences; xiii) Social Work, xiv) Veterinary Medicine; and xv) Appointed Faculty Representatives appointed to fill vacancies on the SAA in accordance with section 63. (3) An Active Member is deemed to be from a faculty for the purposes of contesting an Faculty Representative position in an election or holding an Appointed Faculty Representative position only if a) they are registered in the faculty, or b) they have been accepted to the faculty. (4) The SAA is a continuing body. SAA purposes 58(1) The SAA is responsible for a) ensuring the academic related policies and programs of the Students Union are appropriately developed, evaluated and carried out;