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ASUCD Constitution

Adopted December 1996 As amended February, 2009 Student Government 348 Memorial Union One Shields Ave. Davis, CA 95616-8530 (530) 752-3632 FAX: (530) 752-8548

ASUCD STUDENT BILL OF RIGHTS

1. You have the right to be free from discrimination and harassment on the basis of your race, gender, sex, ethnicity, religion, national origin, disability, sexual orientation, status within or outside the university, or political belief in all activities sponsored or conducted by the University, its affiliates, ASUCD, or campus student groups as addressed in the UC Davis Principles of Community.

2. You have the right to receive fair and equitable treatment in academics. This includes school and departmental admissions, enrollment, and access to assistance and other services. You have the right to have your work graded fairly and without regard to non-academic criteria. If you believe that your work was graded unfairly, or if your academic rights have been infringed in any way, you have the right to pursue recourse, such as grievance or an appeal. You have the right to be advised on your options and be represented when you pursue such recourse.

3. If you are accused of misconduct by the University, you have the right to be represented at any stage of the proceedings. You may be represented by anyone of your choosing. You have the right to see your disciplinary file before responding to the accusation, and you have the right to refuse to answer any questions posed to you at any time. You also have the right to a hearing (closed or open to the public, as you choose) and a right to appeal. You have the right to cross-examine witnesses testifying against you, and to call witnesses and present evidence on your behalf. Your choice to exercise your rights may not be used against you.

4. You have the right to receive fair and equitable financial treatment. You have the right to receive a financial aid package that is commensurate with your needs based on the Free Application for Federal Student Aid (FAFSA). If you are a California resident, you have the right to be free from being charged out-of-state tuition fees. If you believe you are denied these rights, you have the right to appeal, and you have the right to be represented by anyone of your choosing.

5. You have the right to receive fair treatment from the police, whether you are a suspect or otherwise. You have the right to be free from illegal police brutality and harassment. You have the right to pursue legal and administrative action against law enforcement organizations and individual officers who violate your rights.

6. You have the right to a fair vote in all ASUCD elections without any form of disenfranchisement. All ASUCD elections shall be fair and proper as outlined in the ASUCD elections codes.

7. ASUCD acknowledges that there are other rights not withstanding this bill of Rights. Therefore, ASUCD rights are not limited to the aforementioned.

ARTICLE I NAME AND MEMBERSHIP

Section 1. The official name of this organization shall be the Associated Students, University of California, Davis hereafter referred to as the ASUCD.

Section 2. Membership shall consist of all regularly enrolled undergraduate students; those graduate students and those having an authorized waiver of University enrollment fees. The ASUCD fee shall not be adjusted except by a referendum vote of the ASUCD membership.

Section 3. Graduate or professional students can pay the fee to ASUCD and use ASUCD services. However, graduate and professional students may not vote in the ASUCD elections and cannot hold an elected or appointed office in ASUCD.

Section 4. No ASUCD member shall hold more than one elective ASUCD position concurrently.

Section 5. No ASUCD member shall concurrently hold both an elective ASUCD position and an appointed ASUCD position requiring approval of the Senate.

Section 6.

(1) ASUCD is organized and operated exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code.

(2) In accordance with Internal Revenue Service regulations, ASUCD is prohibited from directly or indirectly participating or intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. This includes endorsing a candidate, making donations to a candidate’s campaign, engaging in fund-raising for a candidate, distributing statements for or against a particular candidate or becoming involved in any other activity that may be beneficial or detrimental to any candidate.

a) Activities that encourage people to vote for or against a particular candidate on the basis of nonpartisan criteria violate the political campaign prohibition of section 501(c)(3)

Section 7. In case of the dissolution of ASUCD, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this association shall be distributed to the University of California, Davis. However, if the named recipient is not then in existence or no longer a qualified recipient, nor willing or able to accept the distribution, then the assets of this organization shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established a tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

ARTICLE II ASUCD LEGISLATIVE BRANCH

Section 1. The legislative authority of the ASUCD shall be vested in the ASUCD Senate (hereafter referred to as the Senate) which shall consist of twelve (12) Senators, who shall serve terms of one year. The entire Senate shall be defined in this document as the total number of Senators who are currently holding office.

Section 2. The Senate shall promote the welfare and interests of the members of the ASUCD, subject to the limitations enumerated in this Constitution. All Senate actions not enumerated in this Constitution must be carried out through legislation (consistent with the provisions of Article IV of this Constitution).

Section 3. The Senate shall have authority over and responsibility for: (1) all ASUCD revenues and their allocations, (2) maintenance, use and title to all ASUCD property, and (3) the development of all policies and regulations necessary for carrying out the duties enumerated in this Constitution and for the smooth and efficient operation of the Association, subject only to the limitations enumerated in this Constitution.

Section 4. Any member of the ASUCD in good academic standing, based on the student's cumulative GPA, shall be eligible to run for Senate. However, candidates for Senate shall conform to the campaign regulations enacted by legislation by the Senate or shall forfeit their eligibility to hold office.

Section 5. There shall be two (2) General Elections held during each academic calendar year. One shall be held during the seventh (7th) week of Fall Quarter and the other shall be held during the seventh (7th) week of Winter Quarter. Six (6) Senate seats shall be filled in the Fall Quarter Election and six (6) seats shall be filled in the Winter Quarter Election. In addition, any senate seats vacant at the time of an election shall also be filled. Senate elections shall be conducted using the system of proportional representation called Single Transferable Voting, more commonly known as Choice Voting. The method of voting and counting shall be described in the ASUCD Elections Regulations. To permit an independent count of the ballots, the rankings cast shall be made available upon public request. Each winning candidate eligible to hold office will be issued a certificate of election during the week following the election at the Senate meeting. Upon receipt of a certificate of election, the newly-elected Senator will immediately assume office.

Section 6. The Senate must elect a President Pro Tempore from amongst themselves at the first meeting of every quarter by a majority vote of the entire Senate. The Senate President Pro Tempore shall serve for that quarter as the official representative of the Senate and shall assume all responsibilities enumerated in this Constitution and the statutes of the Senate. In the event that a permanent vacancy occurs in the office of the Senate President Pro Tempore, the Senate must elect, by majority vote at their next official meeting, a new President Pro Tempore from amongst themselves to serve for the remainder of that quarter.

Section 7. The Senate shall officially hold "regularly scheduled" meetings weekly during Fall, Winter, and Spring Quarter, and "special" meetings at the call of the President, or at the request of any five (5) Senators. A simple majority of the voting members of the Senate shall constitute a quorum to hold an "official" meeting in order to conduct the business of the ASUCD.

Section 8. All official meetings of the Senate and its subordinate bodies shall be open to the public, except for closed sessions which may be called during a regular meeting for the discussion of personnel and employee grievance matters, investment decisions and litigation. An official meeting shall be one in which a quorum of the members of the Senate are present with at least twenty-four hours written notice in a public place on campus and contacting the campus news media. The provisions of this section shall not apply to social functions in which a quorum of Senate members is present, provided that no business of the Association is discussed. In the event that any official meeting is willfully interrupted by an individual or group of persons so as to render the orderly conduct of the meeting unfeasible or order cannot be restored by the removal of those individuals, the members of the Senate by a majority vote may order the meeting room cleared and continue in session provided that representatives of the press who were not engaged in the disruption are allowed to remain. The Senate shall not conduct any meeting in a facility that prohibits the admittance of any person on the basis of race, religion, handicap, or sex.

Section 9. Official minutes shall be kept noting all actions taken at Senate meetings. They shall be considered part of the public record and may be inspected by any member of the student body.

Section 10. Consistent with the provisions of this Constitution, the Senate and all subordinate bodies may enact rules and procedures necessary and proper for their efficient operation and for the general welfare of the ASUCD membership.

Section 11.

(1) Filling Vacancies - ASUCD Senate vacancies shall be filled be a “Countback Election” using the ballots cast by voters during the election in which the vacating candidate(s) originally ran. The Countback Election will be conducted in the following manner:

(1.1) For the purpose of this section, an "election cycle" shall refer to either of the pools of candidates running in the most recent fall or winter ASUCD General Election. For each election cycle, ASUCD shall maintain, for each ASUCD Senator or Senator-elect, a list of the weighted ballots assigned to them at the conclusion of the most recent General Election or Countback Election. ASUCD shall also maintain, for each election cycle, a list of the weighted exhausted ballots at the conclusion of the most recent General or Countback Election.

• In the event of a vacancy or vacancies, all candidates of the election cycle that are eligible to assume ASUCD office and that have not won a previous General Election or Countback Election for that election cycle shall be contacted within two (2) academic days from the time at which the vacancy or vacancies occurred. All contacted candidates will be given one (1) academic week from the time at which they were contacted to respond as to whether or not they are willing to accept the position of ASUCD Senator should they be elected during the Countback Election. All candidates who decline to serve, or do not respond within the one (1) academic week period shall be excluded from the Countback Election. ASUCD shall provide a public list, updated daily, of all candidates participating in the Countback Election prior to the Countback Election. After the one (1) academic week response period, or once all candidates have responded, ASUCD shall conduct, within three (3) academic days, a Single Transferable Vote tally using the ballots of all vacating Senator(s) combined with all exhausted ballots of that election cycle. The number of winners of the tally shall equal the number of vacancies to fill from that election cycle.

• Each winning candidate that receives at least fifty percent (50%) of the threshold for the Countback Election will be issued a certificate of election at the next Senate meeting. Upon receipt of the certificate, each candidate will immediately assume office as an ASUCD Senator for the remainder of the original term. For each winning candidate that does not receive at least fifty percent (50%) of the threshold, the vacancy will be filled in the following manner specified in section 2.

  (2) The ASUCD President shall have responsibility for filling the vacancy on an interim basis, should section 1.3 not be satisfied. The President shall exclusively appoint a successor from among applications received during a one week advertising period. The advertising period must be within two (2) academic days from the time at which the Countback Election was held and must be at least five (5) academic days in length during the regular academic year (summer sessions shall not be considered part of the regular academic year). The President must appoint an interim Senator within two (2) weeks from the time at which the Countback Election was held. Any appointments made by the President shall be confirmed by a majority of the remaining members of the Senate. In the event that five (5) or more vacancies exist on the Senate, a quorum need not be present in order to confirm the interim appointment of the replacement Senate members made by the President.

  (3) The appointed replacement member shall serve as an interim member of the ASUCD Senate until the vacated Senate seat is filled on a permanent basis at the next regularly scheduled Senate election.

Section 12. The subordinate bodies of the Senate will consist of the following:

(1) Academic Affairs Commission to recommend ASUCD programs and policies in Academic Affairs areas and to disseminate information concerning the student development of courses and curriculum.

(2) Internal Affairs Commission to be responsible for investigating and recommending improvements in areas and services which affect the quality of student life; for planning and organizing ad hoc ASUCD activities which will enhance the quality of student life; and to disseminate information concerning the tasks of the commission.

(3) Business and Finance Commission to be responsible for advising the Senate on matters dealing with the fiscal concerns of the ASUCD; to recommend action on financial allocations; and to disseminate information concerning the tasks of the commission.

(4) External Affairs Commission to be responsible for establishing liaison and achieving rapport with all off-campus, public bodies affecting students and their welfare in the University; to work with the Executive Branch and Senate in developing and recommending policies for action in external areas; to disseminate information concerning the tasks of the commission.

(5) Ethnic and Cultural Affairs Commission to be responsible for investigating and recommending policies and programs concerning the ethnic community of U.C. Davis; for establishing liaison and achieving rapport with all on-campus and off-campus bodies affecting ethnic students and their quality of life in the University.

• Environmental Policy and Planning Commission to be responsible for researching environmental issues affecting UC Davis, and providing recommendations for improvements thereof; for setting environmental policy within ASUCD and recommending environmental policy for the surrounding areas off-campus; for addressing the campus structural environment, suggesting modification and improvements thereof; to ensure a safe and healthy environment for the students of UC Davis.
• Gender and Sexuality Commission to be responsible for actively promoting awareness of gender and sexuality issues, as well as prevention of sexual assault, through outreach efforts, publicity drives, and special projects; for working with campus resources pertaining to gender, sexuality, and rape prevention in order to improve these respective efforts on campus; for assisting in the organization and coordination of educational programs concerning gender, sexuality, sexual assault, and sexual harassment; for reviewing and making formal recommendation to the ASUCD Senate and relevant ASUCD Commissions on gender, sexuality, and sexual assault issues and programs at UC Davis and throughout the UC System; for reviewing, considering, and making formal recommendations on all legislation related to gender, sexuality, and sexual assault to the ASUCD Senate.

Section 13. (1) Members and Chairpersons of ASUCD Commissions shall be appointed by a committee consisting of: The current or outgoing Chairperson of the hiring Commission, one voting member of the hiring Commission and one Chairperson of another ASUCD Commission both chosen at the discretion of the Chairperson of the hiring Commission, and two Senators chosen at the discretion of the Senate President Pro Tempore. In the event that the outgoing Chairperson of the hiring Commissions reapplying for the position, the Vice Chairperson of that Commission shall take his/her place on the interviewing committee and assume all responsibilities outlined in this section. In the event that both the Commission Chairperson and Vice Chairperson are applying for the position of Chairperson, the Commission shall select a designee by majority vote to replace the outgoing Chairperson of that Commission (on the interviewing committee). All members and Chairpersons of ASUCD Commissions shall be subject to approval by a majority vote of the Senate. Members and Chairpersons may only be removed by a 2/3 majority vote of the entire Senate. The number of members and terms of these members for each Commission shall be determined by legislation.

(2) Senators shall serve as ex-officio, non-voting members of all subordinate bodies of the Senate. Commission Chairpersons shall serve as ex-officio, non-voting members of the ASUCD Senate.

Section 14. (1) The Senate may, by a 2/3 majority vote of the entire Senate, remove any ASUCD officer previously appointed by the President and confirmed by the Senate.

Section 15. (1) The ASUCD Vice President shall serve as the President of the Senate and preside over all Senate meetings as an unbiased parliamentarian. In the event that the Vice President is unable to attend a Senate meeting, the Senate President Pro Tempore shall assume these responsibilities. In the event that both the Vice President and Senate President Pro Tempore are unable to attend a Senate meeting, the Senate must appoint by majority vote, a temporary presiding officer from amongst themselves, who shall assume these responsibilities for that meeting.

ARTICLE III ASUCD EXECUTIVE BRANCH

Section 1. The chief executive responsibilities of the ASUCD shall be vested in the ASUCD President (hereafter referred to as President) during a term of one year.

Section 2. (1) Any member of the ASUCD, who shall have completed no less than sixty (60) quarter units of University credit, or their equivalent, and shall have been a registered full-time or part-time student at the University of California, Davis during one or both of the two (2) quarters immediately preceding the quarter in which elected, shall be eligible to hold the office of President. However, candidates for President and Vice President shall conform to the campaign regulations enacted by legislation by the Senate or shall forfeit their eligibility to hold these offices.

Section 3. (1) The President and Vice President shall be elected together.

(2) The President and Vice President shall be elected annually during a general election conducted during the seventh week (7th) of Winter Quarter. The Presidential election shall be conducted using an Instant Runoff Voting system. The method of voting and counting shall be described in the ASUCD Elections Regulations. To permit an independent count of the ballots, the rankings cast be ballot shall be made available to the public upon request. The eligible candidates for the Presidential ticket receiving a simple majority of the votes cast for their offices in any round of the instant runoff shall be issued certificates of election from the outgoing President and Vice President at the beginning of the final Senate meeting of Winter Quarter. Upon receipt of the certificates of election, the newly-elected President and Vice President shall immediately assume their offices.

Section 4. (1) The President shall serve as the chief executive officer of the ASUCD and shall be responsible for and coordinate the functions of the office. The President shall have the sole authority to make treaties, memorandums of understanding, or other legally binding contracts on behalf of the ASUCD, subject only to ratification by a 2/3 majority of those Senators present. The Vice President shall act as the presiding officer over all Senate meetings and shall assist in assuring the smooth and efficient operation of the ASUCD.

(2) The President and Vice President shall serve as ex-officio, non-voting members on all Commissions.

(3) The President shall serve as the official representative of the ASUCD. The President and Vice President shall serve as ex-officio members on all committees requiring student membership. The President, the Vice President, or a designee chosen at the discretion of the President and approved by majority vote of the entire Senate, shall serve as the official representative of the ASUCD to the University of California Student Association for the duration of that President's term in office. The President shall serve as the official representative of the ASUCD to the University of California Student Body Presidents' Council.

(4) The President shall exclusively appoint all Directors of ASUCD Units (with the exceptions of The California Aggie and KDVS Radio) and representatives to all committees requiring student membership subject to approval by a majority vote of the Senate, and shall make other appointments as directed by the Constitution and the statutes of the Senate. All unit Directors may only be removed by a 2/3 majority vote of the entire Senate (with the exceptions of The California Aggie and KDVS Radio).

(5) The President shall exclusively appoint the ASUCD Controller to be confirmed by a majority vote of the entire Senate. The ASUCD Controller shall serve as an ex-officio non-voting member of the Senate. The ASUCD Controller may only be removed by a 2/3 majority vote of the entire Senate.

(6) The President shall not introduce any legislation, with the exception of the annual operating budget of ASUCD. The President shall annually formulate and submit an operating budget for the ASUCD, in the form of legislation, to be approved by the ASUCD Senate. The budget shall be relayed to the Business and Finance Commission.

(7) When a permanent vacancy occurs in the office of Vice President, the President shall appoint a Vice President, to be approved by majority vote of the entire Senate, to fill the remainder of that term.

Section 5. (1) During any period of time in which the President is unable to fulfill the duties of the office, the Vice President will act as President and exclusively appoint a temporary Vice President, to be approved by a majority vote of all Senators present, for that period of time.

(2) When a permanent vacancy occurs in the office of the President, the Vice President shall assume the office of ASUCD President for the remainder of that term.

(3) When permanent vacancies occur concurrently in the offices of ASUCD President and Vice President, the Senate President Pro Tempore shall assume the office of President for the remainder of that term and fill all vacancies according to the procedures for filling each vacant office as enumerated in this Constitution.

Section 6. The President shall, during the first (1st) week of Spring Quarter and the eighth (8th) week of Fall Quarter, address the Senate regarding the State of the Association, and recommend to their consideration such measures as he/she shall judge necessary and expedient.

ARTICLE IV METHOD OF ENACTMENT OF LEGISLATION

Section 1. (1) The Senate shall introduce and consider legislation at any official Senate meeting with quorum. All introduced legislation will be referred to the appropriate Commission(s) at the discretion of the presiding officer, unless overruled by a majority vote of the entire Senate. The Senate may only consider legislation returned by the Commission(s) to which it was sent, unless legislation is revived by the Senate or deemed "urgent."

(2) Only legislation that receives a recommendation of "pass as written," "pass as amended," or "no recommendation made" by at least half for the Commissions to which it was sent, shall be returned to the Senate.

(3) Legislation that receives a recommendation of "do not pass" by more than half of the Commissions to which it was sent shall not be returned to the Senate and may only be considered by the Senate if it is revived by a majority vote of the entire Senate.

(4) Legislation shall be deemed "urgent" in the following manner: A majority of the Senators present must approve a motion to deem legislation "urgent" and receive approval from the presiding officer. In the event that the motion to deem such legislation "urgent' does not receive approval from the presiding officer, the legislation shall not be deemed urgent unless the Senate re-passes the motion by a 2/3 majority vote of the Senators present. If legislation is deemed urgent, the presiding officer will not refer such legislation to any Commission(s) or will pull such legislation from the Commission(s) to which it was sent for immediate consideration by the Senate.

(5) The Senate shall, by a majority vote of the entire Senate, pass legislation to (1) adopt or revise policies and regulations for the smooth and efficient operation of the ASUCD, (2) express the opinions of the ASUCD on matters concerning student welfare, and (3) take other actions necessary to promote the welfare and interests of the ASUCD membership, subject to the limitations enumerated in this Constitution. The Senate shall, by a 2/3 majority vote of the entire Senate, pass legislation to (1) adopt or revise the annual operating budget of ASUCD and (2) allocate all other ASUCD moneys.

(6) The ASUCD Vice President shall act as the presiding officer over all Senate meetings, but shall have no vote, unless the Senate by equally divided (same number of affirmative votes as any combination of negative votes and/or abstentions).

(7) The ASUCD President shall not introduce any legislation with the exception of the annual operating budget of ASUCD.

(8) Legislation to amend any ASUCD Elections Regulations must be signed by the ASUCD President or somehow otherwise enacted no less than four (4) weeks before the first election it will affect.

(9) Every piece of legislation that has passed the Senate shall be presented to the ASUCD President. Upon presentation of such legislation the President shall have until the next "regularly scheduled" Senate meeting (as defined in Article II, Section 7 of this Constitution) to either approve the legislation by signing it into law or disapprove by returning it to the Senate with his/her objections (hereafter such action shall be referred to as a veto). In the event that legislation is presented to the President within three days of the next "regularly scheduled" Senate meeting, the President shall have until the following "regularly scheduled" Senate meeting to either sign or veto such legislation. If the President fails to return legislation to the Senate by the aforementioned deadline, the legislation shall become law in the same manner as if it had been signed, unless the Senate by their adjournment prevents its return, in which case it shall not become law.

(10) To become law any piece of legislation passed by the ASUCD Senate must either be signed by the ASUCD President, not returned to the Senate by the appropriate time, or if vetoed, must be repassed by the Senate with a 2/3 majority vote of the entire Senate

Section 2. (1) The Senate shall, by majority vote, have power to place before a vote of the membership of ASUCD any measure enacted pursuant to this Article. These shall include, but shall not be limited to, approval of Senate legislation, non-binding advisory measures, and resolutions expressing the opinion of the membership of ASUCD.

(2) The Senate shall, by majority vote, present the measure to a vote of the membership of ASUCD at the next General Election (consistent with the provisions of Article IV of this Constitution).

(3) A simple majority of those voting on the measure shall be required for its passage. For fee-based initiatives, refer to Article V, Section 4, subsection 1.

(4) The procedure outlined in this section shall be inapplicable to amending the ASUCD Constitution.

ARTICLE V RECALL, INITIATIVE AND REFERENDUM

Section 1. (1) Initiative - "Initiative" shall mean a measure placed on the ballot for a vote of the membership of ASUCD by means of gathering signatures of ASUCD members as outlined below and in legislation enacted pursuant to this Constitution. A measure which only nullifies legislation previously enacted by the ASUCD Senate shall be defined as a "Referendum" and not as an "Initiative".

(2) Upon presentation to the Senate President Pro Tempore of a petition bearing the valid signatures of no less than eight percent (8%) of the members of ASUCD the quarter the petition was taken out. Upon certification of the required signatures by the ASUCD Elections Committee, the initiative ballot measure shall be presented to a vote of the membership of ASUCD.

(3) An affirmative vote by a simple majority of those voting on the issue shall be required for the enactment of a non fee-based initiative or non fee-based referendum ballot measure. For fee-based initiatives of fee-based referenda, refer to Section 4, subsection 1..

(4) Initiative ballot measures become effective immediately upon passage or as otherwise provided in the initiative ballot measure.

(5) When the initiative ballot measure amends the ASUCD Constitution, an affirmative vote of sixty percent (60%) of those voting on the issue shall be required for its adoption. Constitutional amendments become effective immediately upon passage or as otherwise provided in the amendment.

(6) The initiative petition sponsor(s) and circulator(s) shall follow the procedures and adhere to the deadlines outlined in legislation enacted pursuant to this Constitution.

(7) Any fee-based initiative or fee-based referendum embracing more than one subject may not be submitted to the electors or have any effect.

Section 2. (1) Referendum - "Referendum" shall mean a measure placed on the ballot for a vote of the membership of ASUCD which would nullify legislation previously enacted by the ASUCD Senate. A referendum measure shall be placed on the ballot in accordance with the provisions outlined below and in legislation enacted pursuant to this Constitution.

(2) Legislation directly involving ASUCD funds shall not be subject to referendum with the exception of expenditures originating from the Senate Reserve.

(3) Upon presentation to the Senate President Pro Tempore of a referendum petition bearing the valid signatures of no less than eight percent (8%) of the members of ASUCD the quarter the petition was taken out. Upon certification of the required signatures by the ASUCD Elections Committee, the referendum measure shall be presented to a vote of the membership of ASUCD.

(4) An affirmative vote by a simple majority of those voting on the issue shall be required to adopt the referendum. Any referendum thus adopted shall immediately nullify the previously enacted legislation voted upon in the referendum.

(5) A referendum petition must be taken out within ten (10) academic weeks of the enactment of a piece of legislation. The referendum petition sponsor(s) and circulator(s) shall follow the procedures and adhere to the deadlines outlined in legislation enacted pursuant to this Constitution.

Section 3. (1) Recall - "Recall" shall mean the removal of any ASUCD Senator, the ASUCD President, and/or the ASUCD Vice President by a vote of the membership of ASUCD.

(2) Upon presentation to the Senate President Pro Tempore of a recall petition containing the valid signatures of no less than eight percent (8%) of the ASUCD membership, and upon certification of the required signatures by the ASUCD Elections Committee, a Special Recall Election shall be scheduled by the Elections Committee. The Special Recall Election will be held no less than one (1) academic week and no more than three (3) academic weeks from the date of certification.

(3) The recall petition shall contain a specific statement of the reasons for the proposed recall.

(4) An affirmative vote by a simple majority of those voting on the issue shall be required to immediately recall the ASUCD official.

(5) The recall petition sponsor(s) and circulator(s) shall follow the procedures and adhere to the deadlines outlined in legislation enacted pursuant to this Constitution.

(6) Vacancies resulting from recall shall be filled in accordance with the provisions enumerated in this Constitution.

(7) A recalled elected official shall not be eligible to fill the vacancy created by his/her recall but shall not be restricted from seeking the office from which they were recalled in any subsequent ASUCD General Election, so long as they are otherwise eligible.

Section 4. (1) Any fee-based initiative or fee-based referendum requiring a student vote may be done so in accordance with ASUCD Election Codes, and may only apply to ASUCD members if it is duly established by a 60% majority of those ASUCD members who voted on the measure.

(2) Any fee-based initiative or fee-based referendum requiring a student vote may be done so in accordance with ASUCD Election Codes, and ASUCD Constitution, and may only apply to ASUCD members. Any approved funds from fee-based initiative or referendum shall only be allocated to the specified department, purpose, or activity as indicated on the ballot and voted on by ASUCD members; otherwise, these fees will be redirected to the appropriate department, purpose or activity. If the fees are not redirected to the appropriate entity, the imposed fees will be nullified.

ARTICLE VI AMENDING THE CONSTITUTION

Section 1. (1) A proposed amendment of this Constitution may be submitted to a vote of the ASUCD membership upon an affirmative vote of a simple majority of the entire ASUCD Senate (consistent with the provisions of Article IV of this Constitution). The proposed amendment shall then be referred to a vote of the ASUCD membership on a date to be determined by the Senate. An affirmative vote of 60 per cent of those voting shall be required for its adoption. Constitutional amendments become effective immediately upon passage or as otherwise provided in the amendment.

Section 2. (1) Proposed amendments to the ASUCD Constitution may be placed upon the ballot by initiative as provided by Article V, Section 1, of this document. An affirmative vote of 60 per cent of those voting shall be required for its adoption.

ARTICLE VII ASUCD JUDICIAL BRANCH

Section 1. (1) The judicial authority of the ASUCD shall be vested in one ASUCD Court (hereafter referred to as the ASUCD Court) and the Student Judicial Affairs/ Campus Judicial Board.

Section 2. (1) The ASUCD Court shall:

a) Have the ultimate authority to interpret the wording of this Constitution and that of legislation enacted pursuant to this Constitution;

b) Review previously enacted legislation made by the Senate following a written request by any ASUCD member(s);

c) Review complaints regarding the Elections Committee or any other office or body of ASUCD;

(2) The ASUCD Court may deny an appeal made to it or may grant the appeal in whole or in part.

Section 3. (1) The ASUCD Court shall consist of nine (9) ASUCD members.

(2) When vacancies arise on the court, appointments to fill the vacancy will be made by a committee consisting of the following:

(3) The ASUCD Court shall decide upon then, questions that the Court feels are relevant in determining the qualifications of the applicants. These questions shall not be binding to the committee to ask these questions or limit itself to them.

• Appointments to the ASUCD Court must be approved by a majority vote of the entire Senate.

  (5) All ASUCD Court Justices shall serve for the remainder of their membership in ASUCD, so long as it does not exceed four years.

  (6) The President shall designate one of the Justices as the Chief Justice of the ASUCD Court when a vacancy arises in this position.

  (7) ASUCD Court Justices may only be permanently removed by a 2/3 majority vote of the entire Senate.

Section 4. (1) No ASUCD Court members shall hold an elective office within ASUCD or an appointed position in the ASUCD that constitutes a conflict of interest to their impartiality as Justices.

Section 5. (1) In performing the duties specified in Section 1 (1) above, the ASUCD Court shall proceed according to rules and procedures as may be enacted pursuant to this Constitution.

Section 6. (1) Members may remove themselves from an individual case or be removed by the ASUCD Court from an individual case according to rules and procedures enacted pursuant to this Constitution on the grounds that the challenged member cannot render an impartial and unbiased opinion.

Section 7. (1) A simple majority of the entire ASUCD Court shall constitute a quorum to hold an "official" meeting in order to conduct business. A simple majority of ASUCD Court justices shall need to reach consensus in order to publish a binding opinion from the court.

Section 8. (1) Complaints alleging that a candidate violated election regulations will be filed with the Elections Committee

1. The ASUCD Court shall have appellate jurisdiction over elections. The Elections Committee shall retain original jurisdiction over potential disqualifications or violations in elections, but specific questions of law may be appealed to the ASUCD Court. As such, the ASUCD Court cannot sanction a candidate, but the Elections Committee must follow legal precedent set by the Court.

2. If the Elections Committee finds that a candidate may be in violation of University regulations, or that the candidate’s violation may have constituted a serious and wanton breach of the public trust, the committee must file a complaint with Student Judicial Affairs/Campus Judicial Board.

3. If the Elections Committee finds that a candidate has forfeit their eligibility for office as described in Article II, Section 2 of this Constitution, the decision may be appealed to Student Judicial Affairs/Campus Judicial Board.

ARTICLE VIII ASUCD EXTERNAL RELATIONS

Section 1. (1) Fee-based initiatives cannot be passed for dedicated fees towards membership dues for any external organization. Fee-based initiatives may still be passed so long as they do not fund these membership costs. An external organization is any organization which operates outside of the jurisdiction of ASUCD and the UC Davis campus.

Section 2. (1) Section 1 does not preclude ASUCD from entering into membership with an external organization. The ASUCD Senate may still dedicate funding from the ASUCD General Fund towards the membership dues of these organizations at their discretion, as outlined in Article IV Section 5.

The Student Representation Act

ABSTRACT: Under current rules, UC Davis is the only campus mandated to be represented by the University of California Student Association (UCSA), a lobbying organization on behalf of University of California students. The Ballot Measure serves not to end ASUCD’s affiliation with UCSA, but gives ASUCD a choice as to whom it is represented by.

A Ballot Measure to establish the “The Student Representation Act/UCSA Re-Affiliation Act” by placing the following before a vote of the Associated Students of the University of California, Davis (ASUCD) Membership on the Fall 1999 election ballot.

BACKGROUND: UCSA was established three decades ago to represent and lobby for the interests of University of California students as agreed upon by its Board of Directors, which is made up of member campuses. Furthermore, ASUCD is unlike other UC student associations in that we are required by the 1995 “UCSA Affiliation Act” Ballot Measure to contribute to UCSA, limiting ASUCD’s choices and negotiation ability. Finally, ASUCD has not distributed membership fees as intended in the 1995 “UCSA Affiliation Act” because the method is not consistent with ASUCD practices.

Section 1. ASCUD hereby recognizes UCSA as an official system-wide representative body of University of California students, so long as UCSA recognizes ASUCD as a member in good standing with all rights and privileges guaranteed by the UCSA Charter and bylaws.

Section 2. ASUCD shall contribute to UCSA the minimum amount deemed necessary to remain a member of good standing, as determined by the UCSA Board of Directors. ASUCD may at any time recognize other entities as official representatives or discontinue membership in UCSA by enactment of legislation or through the annual operating budget. ASUCD shall only contribute UCSA membership fees via the annual operating budget.

Section 3. ASUCD hereby updates the 1995 “UCSA Affiliation Act” Ballot Measure with “The Student Representation Act/UCSA Re-affiliation Act” Ballot Measure.

Section 4. This Ballot Measure shall become null and void upon enactment of another Ballot Measure, which specifically enumerates nullifying this Ballot Measure. This Ballot Measure shall also become null and void upon enactment of legislation that specifically enumerates nullifying this Ballot Measure passed by a majority of the ASUCD Senate and signed by the ASUCD President in the event that one of the following conditions exist: 1) The minimum amount per student deemed by the UCSA Board of Directors necessary for an association to remain in good standing as full, voting members with all rights and privileges is set grossly unequally so that students of one association are taxed significantly more than students of another association; 2) The composition of the UCSA Board of Directors deviates from either equal or proportional representation of student associations; or 3) The decision-making authority of UCSA is changed in such a way as to make the Board of Directors a subordinate body or that grants voting membership on the UCSA Board of Directors to any person(s) not elected or appointed by a student association within the purview of the University of California to represent all of the students of that student association.

Club Finance Council Entitlement Act

ABSTRACT: A Constitutional Amendment to establish the Club Finance Council Entitlement Act by placing the following before a vote of the ASUCD Membership on the Winter Quarter 2001 election ballot.

BACKGROUND: This Constitutional Amendment will in no way increase students’ quarterly fees. Currently, ASUCD leadership has the discretion through the annual budget not to allocate funds to the Club Finance Council (CFC) for disbursement to over 250 clubs and organizations. This Constitutional Amendment obligates ASUCD leadership to appropriating at least 45 cents per student per quarter.

SECTION 1. The Associated Students, University of California, Davis shall grant to the Club Finance Council (CFC) a minimum of forty-five (45) cents per undergraduate per academic quarter each fiscal year. ASUCD may annually set the CFC grant level beyond the minimum funding.

SECTION 2. The Associated Students, University of California, Davis shall only contribute to the CFC grant via the annual operating budget.

SECTION 3. Issuance of the CFC grant is contingent upon: 1) finalization of the annual operating budget; 2) all allocation and actions by the Club Finance Council is in accordance with CFC bylaws; 3) annual authorization by the ASUCD President.

SECTION 4. This Constitutional Amendment shall become null and void upon enactment of another constitutional amendment which specifically enumerates nullifying this Constitutional Amendment.