THE CONSTITUTION OF THE ASSOCIATED STUDENTS OF MONTANA STATE UNVERSITY Last modified on March 10, 2011Asmsupt by asmsuptblake Bjornson
ARTICLE I. CONSTITUTION OF THE ASSOCIATED STUDENTS OF MONTANA STATE UNIVERSITY-BOZEMAN...... 1 PREAMBLE... Section 100... 1 QUALIFICATIONS FOR MEMBERSHIP... Section 101... 1 ASSOCIATED STUDENT POWER... Section 105... 2 Student Request... 105-1... 2 Initiative... 105-2... 2 Referendum... 105-3... 2 Recall... 105-4... 2 Student Bill System... 105-5... 3 PRESIDENT... Section 110... 3 Duties... 110-1... 3 Powers... 110-2... 3 Election... 110-3... 3 Vacancy... 110-4... 4 Limited Term... 110-5... 4 VICE PRESIDENT... Section 111... 4 Duties... 111-1... 4 Election... 111-2... 4 Vacancy... 111-3... 4 Limited Term... 111-4... 4 LEGISLATIVE BODY... Section 112... 4 Qualifications... 112-1... 4 Voting Members... 112-2... 5 Election... 112-3... 5 Attendance... 112-4... 5 Vacancies... 112-5... 5 ASMSU OFFICERS... Section 113... 5 CONSTITUTIONAL AUDIT COMMITTEE... Section 114... 6 Selection... 114-1... 6 Responsibility... 114-2... 6 Tenure... 114-3... 6 SENATE MEETINGS... Section 115... 6 Regular Meetings... 115-1... 6 Special Meetings... 115-2... 6 Conduct of all Meetings... 115-3... 6 Senate Records... 115-4... 7 Quorum... 115-5... 7 Voting... 115-6... 7 JUDICIAL BODY... Section 120... 7 i
General... 120-1... 7 Voting Members... 120-2... 7 Appointment... 120-3... 7 Vacancies... 120-4... 7 Responsibilities... 120-5... 7 APPOINTED OFFICIALS... Section 125... 8 Confirmation... 125-1... 8 BUSINESS MANAGER... Section 126... 8 General... 126-1... 8 SENATE PRESIDENT... Section 127... 8 General... 127-1... 8 Powers... 127-2... 8 Vacancy... 127-3... 8 SENATE PRESIDENT PRO-TEMPORE... Section 128... 8 Powers... 128-1... 8 Vacancy... 128-2... 9 REMOVAL AND INSTALLATION... Section 130... 9 Impeachment and Removal... 130-1... 9 Installation... 130-2... 9 Assuming Duty... 130-3... 9 Appointments and Interviews... 130-4... 9 FINANCE... Section 135... 9 General... 135-1... 9 Finance Board Membership... 135-2... 10 Term... 135-3... 10 Function... 135-4... 10 Funded Organizations... 135-5... 10 SENATE AND FINANCE BOARD RELATIONSHIP... Section 140... 10 Senate... 140-1... 10 Finance Board... 140-2... 11 ASMSU FUNDS... Section 145... 11 Operating Funds... 145-1... 11 Reserve Fund... 145-2... 11 Capital Fund... 145-3... 11 Supplemental Fund... 145-4... 11 President s Discretionary Fund... 145-5... 12 STUDENT BILL OF RIGHTS... Section 155... 12 Discrimination... 155-1... 12 Rights... 155-2... 12 In Loco Parentis... 155-3... 12 Discipline... 155-4... 12 Court Action... 155-5... 12 Expression... 155-6... 13 Campus Policies... 155-7... 13 Records... 155-8... 13 Resource Allocation... 155-9... 13 CONSTITUTION... Section 165... 13 ii
Amendment by referendum... 165-1... 13 Amendment by initiative... 165-2... 14 Enactment... 165-3... 14 BYLAWS... Section 166... 14 Proposals... 166-1... 14 Bill Requirements and Ratification... 166-2... 14 Enactment... 166-3... 14 RESOLUTIONS... Section 167... 14 ELECTIONS... Section 168... 14 iii
ARTICLE I. CONSTITUTION OF THE ASSOCIATED STUDENTS OF MONTANA STATE UNIVERSITY-BOZEMAN PREAMBLE Section 100 We, the students of Montana State University, having rights to uphold and interests to promote, both for ourselves and for the university, do organize ourselves as the Associated Students of Montana State University (ASMSU), and do establish this Constitution. The role of student government and its responsibilities shall be made explicit within this document. ASMSU is committed to providing affordable and diverse support services, entertainment, as well as recreational and educational opportunities to the students of Montana State University. We are committed to providing quality services in a cost effective manner through responsible financial management. We are committed to remaining responsive to the evolving needs and interests of Montana State University. We are committed to providing employees, staff, and volunteers with a positive work environment which facilitates their personal and professional growth. ASMSU will conscientiously represent Montana State University and the surrounding communities. QUALIFICATIONS FOR MEMBERSHIP Section 101 An ASMSU member shall be defined as any Student Activity Fee paying student of Montana State University. An MSU-Bozeman student shall be defined as anyone currently enrolled in Montana State University-Bozeman. - 1 -
ASSOCIATED STUDENT POWER Section 105 Student Request 105-1 A petition bearing the signatures of two percent of the ASMSU membership stating the subject to be considered is sufficient to request a meeting of the ASMSU Senate. All petitions must be filed with the ASMSU Senate President. Initiative 105-2 MSU-Bozeman students may enact Bylaws by initiative on all matters pertaining to ASMSU, except appropriations of money. Initiative petitions must contain the full text of the proposed Bylaw and shall be signed by at least one percent of the ASMSU members. Petitions shall be filed with the ASMSU Senate President at least one month prior to the election at which the measure will be voted upon. Referendum 105-3 MSU-Bozeman students may approve or reject by referendum any bill or resolution of the ASMSU Senate except an appropriation of money. A referendum shall be held either upon order of the ASMSU Senate or upon petition signed by at least one percent of the ASMSU membership. A referendum petition shall be filed with the ASMSU Senate President no later than three months after the bill or resolution passed. Recall 105-4 MSU-Bozeman students have the power to recall persons holding elective offices. A petition naming the officer whose removal is requested and bearing the signatures of MSU-Bozeman students will be considered upon its submission to the Senate President. The required number of signatures shall be fifteen percent of the total number of ballots cast in the most recent Presidential election. A general election considering the question of the petition must be conducted within three weeks of the petition's submission. A simple majority of the votes in this election will be sufficient to remove the officer in question. - 2 -
Student Bill System 105-5 Student Bill forms will be available in the ASMSU office and on the ASMSU website. Forms may be completed by any ASMSU member. Completed bills shall be submitted to the ASMSU office. Upon receipt of a Student Bill form, the ASMSU Senate President shall appoint an ASMSU Senator to work with the student sponsor on the bill, in order to write the bill, develop proper wording, and modify the proper sections of the ASMSU Constitution and Bylaws. The appointment shall be made from the membership of the Constitutional Audit Committee. The appointed ASMSU Senator shall be responsible for finding the requisite number of ASMSU Senate sponsors for the bill. The student s name, address, phone number, district, area of concern, proposed method of change or correction and the date must be included on the Student Bill form: PRESIDENT Section 110 (a) (b) (c) There shall be an ASMSU President. Duties 110-1 The President shall: Uphold the ASMSU Constitution and Bylaws; Be the official representative of ASMSU and MSU students; and Budget for the ASMSU Administration. Powers 110-2 The ASMSU President shall have the power to appoint positions as stated in the Bylaws. All appointments are subject to majority approval of the ASMSU Senate. The ASMSU President shall have the power to veto any bill presented to the ASMSU Senate. The veto must be announced before the close of the next regularly scheduled ASMSU Senate meeting. The ASMSU Senate then has the option to override the President s veto by a three-fourths majority vote at the next regularly scheduled ASMSU Senate meeting. Election 110-3 The President and Vice President shall be elected on the same ticket during the Spring election by MSU-Bozeman students. They shall serve a term of one year, or until their successors are elected and qualified. - 3 -
Vacancy 110-4 In the event of the vacancy of the office of the President, the Vice President shall assume the office of the President until the next general election. Limited Term 110-5 No person shall be elected to the office of the ASMSU President for more than two terms. VICE PRESIDENT Section 111 (a) (b) (c) (d) There shall be an ASMSU Vice President. Duties 111-1 The Vice President shall: Uphold the ASMSU Constitution and Bylaws; Act as the spokesman of ASMSU and MSU students in the absence of the President; Act as an ex-officio, non-voting member of all committees; and Fulfill duties as delegated by the President. Election 111-2 The President and Vice President shall be elected on the same ticket during the Spring election by MSU-Bozeman students. They shall serve a term of one year, or until their successors are elected and qualified. Vacancy 111-3 In the event of the vacancy of the office of the ASMSU Vice President, the position shall be appointed by the ASMSU President, subject to a confirmation by a majority of the ASMSU Senate. The appointed Vice President shall serve until the next general election, wherein a successor shall be elected to fill the term of office. Limited Term 111-4 No person shall be elected to the office of Vice President for more than two terms. LEGISLATIVE BODY Section 112 The legislative body of ASMSU consists of one house, herein known as the ASMSU Senate. Legislative powers of ASMSU shall be vested in the ASMSU Senate. - 4 -
Qualifications 112-1 Every ASMSU member is qualified for a seat on the ASMSU Senate. Qualifications for seats shall be based on the member s district. Voting Members 112-2 The voting membership of the Senate is to consist of twenty voting ASMSU Senators. Each member shall have one vote. The ASMSU Senate President shall vote only to make or break ties. Election 112-3 The ASMSU Senate shall be composed of elected members chosen for a term of one year, or until their successors are elected and qualified. Attendance 112-4 Senators are required to attend all meetings of the Senate. Any member accruing three unexcused absences during their term as Senator shall automatically forfeit their Senate seat. It is at the discretion of the Senate President to approve excused absences, though the Senate retains the right to rescind orders of the chair. In addition, any Senator who does not meet at least twice a month with the director of each ASMSU program to which that Senator acts as liaison will receive one unexcused absence for each unattended meeting. Vacancies 112-5 In the case of vacancies, Senate positions are filled by appointment from members of ASMSU. Candidates must satisfy the requirements specified in the Bylaws for regularly elected Senators. A simple majority of the total ballots cast by the voting members of the Senate is sufficient for the appointment of a replacement to fill each vacated position. Each position will be filled singly. If in the first vote, there is not a simple majority winner, then the two candidates with the most votes will be placed on a second ballot. ASMSU OFFICERS Section 113 The Bylaws shall provide for any number of appointed officers, board members, or committee members and shall state their qualifications and duties of office. - 5 -
CONSTITUTIONAL AUDIT COMMITTEE Section 114 There shall be a Constitutional Audit Committee. Selection 114-1 The ASMSU Senate shall, by a majority vote of its members, choose three ASMSU Senators to serve on a Constitutional Audit Committee. The chair of this committee shall be the ASMSU Senate President Pro-Tempore and shall vote only to make or break ties. Responsibility 114-2 It shall be the responsibility of the Constitutional Audit Committee to monitor all amendments to the ASMSU Constitution and Bylaws so as to ensure that the requirements set forth in this constitution and its corollaries are followed explicitly, and in good faith. Tenure 114-3 An ASMSU Senator, once duly selected for the appointment to this committee, may not be removed while that Senator remains a duly elected member of the ASMSU Senate. SENATE MEETINGS Section 115 Regular Meetings 115-1 The ASMSU Senate convenes once a week during the Fall and Spring semesters, and the regular time shall be established by the ASMSU Senate. All regular meetings of the ASMSU Senate are open to the public. Special Meetings 115-2 Special meetings may be called by the ASMSU President. The President must call a special meeting upon petition by at least 51 percent of the voting members of the ASMSU Senate. Special meetings of the ASMSU Senate are open to the public, with the exception of meetings dealing specifically with matters of individual privacy. Conduct of all Meetings 115-3 All meetings of the ASMSU Senate are to be conducted in accordance with Robert s Rules of Order, Newly Revised. - 6 -
Senate Records 115-4 Records and minutes of the ASMSU Senate are open to any ASMSU member, except those records concerning matters of personal privacy. Records should be made available within three working days following the meeting. Quorum 115-5 The quorum for ASMSU Senate meetings shall be a majority of the ASMSU Senate voting members. Voting 115-6 All votes shall be made by the members in attendance, except for impeachment. JUDICIAL BODY Section 120 General 120-1 The judicial body of ASMSU consists of one body, herein known as the Judicial Council. Judicial powers of ASMSU shall be vested in the Judicial Council of ASMSU. Voting Members 120-2 The voting membership of the Judicial Council is to consist of seven voting members, including four students, two faculty or staff, and the ASMSU Attorney. The Judicial Council will choose its own chair from among its membership. Each member shall have one vote. The chair shall vote only to break ties. Appointment 120-3 The Judicial Council members shall be selected by joint appointment made by the ASMSU President and the Senate President at the beginning of the academic year and shall serve for a term of one year. Vacancies 120-4 In case of vacancies, the Judicial Council position will be filled in the same manner as the initial appointment. Responsibilities 120-5 The Judicial Council shall: (a) Interpret the ASMSU Bylaws and Constitution; and (b) Appoint one MSU student to serve on the Student Conduct Board as needed - 7 -
APPOINTED OFFICIALS Section 125 The duties of all appointed officials are to be defined in the Bylaws. Confirmation 125-1 Appointees shall not be empowered to act in their designated capacity until the ASMSU Senate has approved the appointment by a majority vote. BUSINESS MANAGER Section 126 General 126-1 There shall be an ASMSU Business Manager appointed by a majority of a group consisting of the newly elected ASMSU Senate President, the outgoing ASMSU Vice President, and the outgoing ASMSU Business Manager. The appointment is subject to the majority approval of the ASMSU Senate. SENATE PRESIDENT Section 127 General 127-1 There shall be an ASMSU Senate President appointed from the membership of the ASMSU Senate by a majority vote of the ASMSU Senate. Powers 127-2 The Senate President shall be the chairperson of the ASMSU Senate meetings. Vacancy 127-3 If the Senate President position is vacated, the ASMSU Senate shall appoint by a majority vote a new Senate President. The Senate President Pro-Tempore shall assume the responsibilities of the Senate President until the appointment is made. SENATE PRESIDENT PRO-TEMPORE Section 128 There shall be an ASMSU Senate President Pro-Tempore appointed from the membership of the ASMSU Senate. Powers 128-1 The Senate President Pro-Tempore shall be chairperson of the ASMSU Finance Board and the Constitutional Audit Committee. The Senate President Pro-Tempore shall assume the responsibilities of the Senate in his absence - 8 -
Vacancy 128-2 If the Senate President Pro-Tempore position is vacated, the ASMSU Senate shall appoint by a majority vote a new Senate President Pro-Tempore. REMOVAL AND INSTALLATION Section 130 Impeachment and Removal 130-1 The ASMSU Senate shall have the right of impeachment and removal. Elected officials shall be impeached and removed from office if, at least one week following a hearing in front of the ASMSU Senate of the official in question, three-fourths of the total voting membership of the ASMSU Senate so orders. Installation 130-2 All ASMSU elected positions shall be installed at an ASMSU Senate meeting within three weeks of their elections. All outgoing officers shall submit the records of their offices to the ASMSU President. An oath of office is taken by each officer at the time installation. This oath shall be: In all sincerity, I so hereby pledge myself to the Associated Students of Montana State University, to vote and act at all times in the best interest of the student body, to support the ASMSU Constitution and to do nothing which shall be in violation of the trust imposed in the office. Assuming Duty 130-3 The newly-elected ASMSU President and Vice President shall not assume full official duties of office until the last ASMSU Senate meeting of the Spring semester. The outgoing officers shall work in the good faith to ensure an orderly transition of power. Appointments and Interviews 130-4 The newly-elected ASMSU President shall conduct interviews for the upcoming appointments prior to installation. FINANCE Section 135 General 135-1 The ASMSU Senate oversees the expenditure of ASMSU funds with the advice and recommendations of the ASMSU Finance Board. No expenditures shall be made from these funds for purposes outside the legitimate activities of ASMSU. - 9 -
Finance Board Membership 135-2 The voting membership of the Finance Board shall consist of ten members including six ASMSU members, chosen as designated in the Bylaws, two faculty members, appointed by the Faculty Council, the Vice President of Student Success, or his/her designee, and the Director of Administration or his/her designee. Term 135-3 Student members shall serve a one year term ending in the spring with the installation of the newly elected ASMSU President. Faculty members may sit on the board until they decide to step down. Function 135-4 It will be the function of the Finance Board to hear all financial requests made of ASMSU in the form of an annual budget, or supplemental, capital, or reserve fund request and give a recommendation to the ASMSU Senate as to whether or not funds be allocated based on the available funds. Funded Organizations 135-5 In order for an organization to receive funds annually from ASMSU, the organization must be either be recognized as a Registered Student Organization by the Student Activities Office or be a recognized operation of ASMSU. SENATE AND FINANCE BOARD RELATIONSHIP Section 140 Senate 140-1 Only the ASMSU Senate has the power to create new programs, to delete old programs and to establish or change the goals of any ASMSU organization. If the ASMSU Senate wishes to override a Finance Board recommendation for existing ASMSU organizations, or fund an entity without a Finance Board recommendation, they must do so by a two-thirds majority vote of the ASMSU Senators. All final budgeting decisions are made by the ASMSU Senate. - 10 -
Finance Board 140-2 The Finance Board can recommend any fiscal, operational, or management change to any budget or request brought before the Board. All reserve fund, supplemental fund, capital fund and operational fund requests must be presented before both the ASMSU Senate and the Finance Board before being processed. ASMSU FUNDS Section 145 Operating Funds 145-1 ASMSU will have an Operating Fund, which consists of total annual projected activity fee revenues. The Operating Fund shall be used to finance ASMSU s annual operating expenses. Appropriations shall be made annually. Reserve Fund 145-2 ASMSU will have a Reserve Fund which consists of a percentage of total funds, as defined in the annual projected activity fee revenues. The Reserve Fund shall be used to finance unforeseen costs of an unusual, extraordinary and expensive nature. If the Reserve Fund drops below its specified amount, it must be replenished within three years. Capital Fund 145-3 ASMSU will have a Capital Fund, which shall be a part of the annual Operating Fund. The Capital Fund shall finance all of ASMSU s purchases and special projects as defined in the Bylaws. Supplemental Fund 145-4 ASMSU will have a Supplemental Fund, derived from the Operating Fund, which consists of a specified amount determined by the ASMSU Senate during each annual budgeting session. The Supplemental Fund will be used to fund activities and organizations which the Senate believes will substantially benefit or support ASMSU members. It shall be allocated by a majority vote of the ASMSU Senate. - 11 -
President s Discretionary Fund 145-5 ASMSU will have a President s Discretionary Fund which will consist of one percent of the annual projected activity fee revenues. It shall finance all matters deemed worthy by the ASMSU President. All expenditures shall be reported to the ASMSU Senate at the ASMSU Senate meeting following expenditure. Unspent monies in the President s Discretionary Fund shall roll over to the next fiscal year s President s Discretionary Fund. STUDENT BILL OF RIGHTS Section 155 Discrimination 155-1 ASMSU shall not discriminate according to sex, race, creed, color, marital status, age, mental or physical ability, sexual preference, economic status, national or ethical origin, religion or political affiliations in the implementation of any of its policies. Rights 155-2 ASMSU recognize that all students have the rights and privileges set forth by the Federal Constitution, State Constitution, and Federal, State or local statute and shall do all within its power to ensure that these rights are upheld. As citizens, members of campus enjoy the same responsibilities to respect the rights of others. In Loco Parentis 155-3 ASMSU shall not act in loco parentis for its members. This is to imply that ASMSU shall not impose moral sanctions upon the lifestyles or personal habits of MSU-Bozeman students beyond those dictated by local, state or federal law. Discipline 155-4 Students shall be free from capricious disciplinary action. Any disciplinary action shall be on academic grounds unless civil or criminal action is involved, and in such cases the appropriate federal or local authorities shall take action. Disciplinary action shall not be imposed without due process. Court Action 155-5 - 12 -
Any MSU-Bozeman student or organization shall have the right to request that court action be taken against any party infringing on rights stated in this document. ASMSU will assist in these matters where appropriate and practical, however, it is not expected that ASMSU will act against their own interests. Expression 155-6 Students shall be free to express opinions. Students shall be free to support causes by orderly means. Student publications may be distributed on campus provided such distribution does not disrupt the operations of Montana State University. Students media is to be free of censorship. This editorial freedom shall entail a corollary obligation under the canons of responsible journalism and applicable regulations of the Federal Communications Commission. Opinions expressed in or by student media shall not be interpreted as official university or ASMSU policy. Campus Policies 155-7 Clearly defined means shall be provided for student expression and action on all policies affecting academic and student affairs including the right to control student owned facilities and on campus monopolies by means outlined in the By-Laws. Records 155-8 All records and information concerning any aspect of student s life and performance on campus, including any personal views, beliefs, and political associations acquired by ASMSU in any capacity shall be considered confidential and be disclosed only to the student or to others upon the student s request or by subpoena. Resource Allocation 155-9 Students shall have their resources allocated in a responsible manner, to ensure the greatest benefit to the student body. CONSTITUTION Section 165 Amendment by referendum 165-1 Amendments to this constitution may be proposed by any member of the ASMSU Senate. If passed by a roll call vote of two-thirds of the ASMSU Senate voting membership, the proposed amendment shall be submitted to MSU-Bozeman students at the next general election. - 13 -
Amendment by initiative 165-2 ASMSU members may also propose constitutional amendments by initiative. Petitions including the full text of the proposed amendment shall be signed by at least one percent of MSU-Bozeman students. The proposed amendment shall be submitted to the ASMSU members at the next general election. Enactment 165-3 If ratified by a majority of those MSU-Bozeman students voting, the amendment shall become a part of this constitution immediately. BYLAWS Section 166 Proposals 166-1 Amendment proposals to the ASMSU Bylaws may be initiated by MSU-Bozeman students, through the power of initiative, or by the ASMSU Senate, with a bill. All Bylaw amendments must be presented to the ASMSU Senate at least one week before their ratification. Bill Requirements and Ratification 166-2 A bill must bear the signatures of at least twenty percent of the voting members of the ASMSU Senate. A simple majority of the voting members of the ASMSU Senate is necessary for the adoption of a bill. Enactment 166-3 All amendments become effective immediately following the implementation procedures outlined in the Bylaws, unless otherwise specified in the individual proposals. RESOLUTIONS Section 167 A resolution is a formal statement of the ASMSU Senate that expresses a desire, opinion, sympathy, or request. A resolution does not have the force of law. A resolution is passed by the ASMSU Senate by a majority vote of the ASMSU Senate voting membership. ELECTIONS Section 168-14 -
Only members as defined in Section 101 of this constitution are eligible to hold or run for any elective or appointed position in ASMSU. All students registered for one or more credit are allowed to vote in any ASMSU election. In order to hold any elective or appointed position, a member must be in good standing, which is defined as maintaining a 2.0 cumulative grade point average. No person shall hold or be a candidate for any two of the ASMSU elected positions at the same time. - 15 -