Asun Senate Report 74-25

74TH SESSION 2006–2007

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ASUN SENATE

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REPORT 74–25

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE ASSOCIATED STUDENTS OF THE UNIVERSITY OF NEVADA

JANUARY 19, 2007—Reported to the Senate and ordered printed

Mr. MCDONALD, from the Committee on Rules and Actions, submitted the following

R E P O R T together with ADDITIONAL VIEWS [To accompany CA-0607-A]

The Committee on Rules and Actions, having had under consideration CA-0607-A, by a record vote, report the same to the Senate with the recommendation that the constitutional amendment be agreed to. CONTENTS Background and Context ........................................................................................... Green Application for Member At Large Status ...................................................... Additional Views ........................................................................................................ Additional Views of Sen. Ben Hansen ...................................................................... Additional Views of Sen. Alex Gevedon .................................................................... Additional Views of Sen. Joe Perreira ...................................................................... Additional Views of Mr. Greg Green, Member at Large .......................................... Additional Views of Sen. Kim Knudson .................................................................... Appendix: Various Tables ..........................................................................................

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BACKGROUND AND CONTEXT The Committee on Rules and Actions presents this constitutional amendment with one goal in mind: to make a better, more responsive, more responsible government for the members of the Associated Students of the University of Nevada. On December 6, 2006, the Senate passed the Constitutional Revision Committee Reform Resolution of 2006. In passing that resolution, the Senate found that “The Constitution of the Associated

2 Students has proven to be inadequate in many provisions that require substantive and responsible revision.” Further, the Senate also stated that “members of the Association should be involved in making revisions and the process should be open to members of the Association who are not Senators.” (RS-0607-10, §2(a)) To carry out those findings and purposes, the Resolution authorized the Rules and Actions Committee to accept applications for members to become members at large, with or without voting rights, during the Committee’s consideration of constitutional amendments. The Committee made public announcement of these openings via the ASUN Web site and through e-mail. The Committee received one application. Also on December 6, the Senate amended the membership of the Committee during the winter break. Senator Johansen and HogePeters asked to be removed from the Committee during winter break. Senator Hansen asked to be added to the Committee. Senator Knudson asked to be added to the Committee, with membership during one week suspended. The requests were granted by unanimous consent. Pursuant to the authority granted by the Resolution, the Committee met on December 22, 2006 and voted unanimously to appoint Mr. Greg Green as a member at with voting rights. Mr. Green’s application follows.

3 GREEN APPLICATION FOR MEMBER AT LARGE STATUS

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6 After appointing Mr. Green on December 22, the Committee proceeded to set its schedule for its time during winter break. The Committee set January 2, 2007 as the day to begin consideration. Members were instructed to read the existing constitution and highlight problem areas. The Committee also set January 10 as the deadline for Senators to present to the Committee their proposals for amendments. This deadline was requested to allow the Committee to consider proposed amendments it the broader context of its work. The Committee received few proposals. January 17 was set as the soft deadline for the Committee’s work. The Committee planned to have most of its work completed by this date. January 19 was the date set to report the Committee’s proposal to the Senate. SUMMARY OF PROCEEDINGS The following sections will summarize the proceedings of the Committee. It by no means is a comprehensive record of the Committee’s deliberations. The most complete information can be found in the audio recordings of the Committee. Those recordings will provide the most complete picture as to the Committee’s specific debates. SUMMARY OF INITIAL CONSIDERATION ON JANUARY 2 The Committee met on January 2 to review the current constitution for internal consistency and clarity. The Committee found considerable errors of a substantive nature, as well as technical in nature. For example, the Constitution makes reference in several places of the now-defunct Grievance Board. Also, Sections 420 and 430 contemplate two different chairpersons for the Clubs and Organizations Board. After this review, the Committee proceeded to think big and outside of the box. The Committee’s discussions quickly centered on the executive branch of government. The Committee discussed as it is now, the budget process is not very balanced in a sense of separation of powers. There is no distinct executive budget process and legislative budget process. It is one and the same. This stems from a feeling that the Fiscal Allocations Board and the Senate are not really operating as two branches of government. The Fiscal Board is an executive branch board, but it has a legislative function. The Committee decided it would look closely at Section 260, which requires the actions of the boards to be approved by the Senate before they have any force and effect. In an e-mail to the Senate on January 3, the Chairman wrote: We believe that neither the Senate nor the boards need to be burdened with having to first get a budget enacted only then to have every act of spending scrutinized by the Senate again. At the very least, this will change. How that looks with respect to both branches of government, we do not know yet.

7 The Committee also considered reforming the number of elected executive officers, something the Committee knew to be a contentious issue. As the Chairman explained in an e-mail on behalf of the Committee: The executive branch right now does not function as a hierarchy. Four executives (excluding the office of the speaker from this discussion) independently get elected to office at this point. They all get elected on their own platforms and many times they have differing, downright conflicting ideas for how the government should operate. This makes the president entirely powerless and a minimized figure in the government. By changing the fundamental structure of the executive branch by providing for two elected executives, a president and a vice president, it would ensure that the president’s vision and leadership are accentuated, not drowned out. This would necessitate filling in the new holes in the government’s structure. For example, it is clear that there would need to be an executive apparatus to consider clubs’ petitions for recognition and funding. There would need to be a programming apparatus as well. We would accomplish that by creating a president’s cabinet filled with the directors and leaders of each part of the executive structure: programming, clubs, fiscal, publications, other services and programs. Each part of the ASUN’s non-legislative functions would be under the executive’s purview. These cabinet officials would be nominated by the president and confirmed by the Senate. In the executive branch, what the president says, the president gets, within certain bounds, of course. The Committee met the next day to continue its discussions. SUMMARY OF CONSIDERATION ON JANUARY 3 The Committee met the next day to continue consideration of the executive branch. The Chairman’s e-mail summarizing that day’s work follows. We all work hard, but no single individual within the government of the Associated Students has as much work to do and works to do so much more than the president of the Associated Students. The person who is elected to this office is charged with administering the affairs of the Associated Students. The person elected to the office is the chief executive of the Association. The students have placed a great deal of trust and responsibility in the hands of this individual. But for the Committee on Wednesday, one question dominated the focus: Does our Constitution provide the mechanisms to let the president be the president, to be chief executive, to be the leader of the government? Our answer was somewhat mixed. With the presidency, an answer to that question should not be confused; it should be very clear.

8 Our discussions yesterday centered on the structure, function and operation of the executive branch of government. In examining the executive branch, we discussed what works well for that branch, and what needs improvement. We came to find that with little exception, our president has very little independent executive power. In looking at our current constitution, the president has very few independent powers delegated to him. He has the veto power over Senate actions, he is the chairman of the Fiscal Allocations Board, he is granted privileges to sit ex-officio on all boards and committees (with some exception), but what direct control does he have over the rest of the executive branch? The answer is very little. The president shares the executive branch with three other elected executive officers and an appointed senatorexecutive, the speaker of the Senate. The president does not have appointment powers without having to share them with other members of the government, or the entire Senate. He is not a true chief executive as he is unable to mandate his vision within his own branch of government. We will consider and propose amendments to reinvigorate the office of the president with a newfound sense of leadership by providing mechanisms and powers for the president to be the leader of the government. The Committee received testimony from President Champagne on these very issues. He shared with us his sense that the president’s hands are tied in many areas and that he has felt, in his two terms in office, that he isn’t an executive so much as an administrator. The president often gets bogged down in minutiae and is unable to be visionary. One idea that was proposed is to establish a cabinet for the president. The cabinet would exist to assist the president discharge the responsibilities and duties of his office. In other governments, the president gets to nominate for appointment the people he wants, but not in ours. In fact, it’s quite the opposite. A restructure of this magnitude will require many hours of debate, and that is what will happen in Committee and the Senate. Today the Committee is to begin considering specific language to execute the goal of making the executive more relevant and more powerful where appropriate. When the Committee has specific language before it for consideration, I will make senators aware of the language so they can provide feedback. While it is great to know about the ideas being considered, the specific language is what is really important. We continue to pledge to keep open minds and to consider everything before us. SUMMARY OF CONSIDERATION ON JANUARY 4 AND 5 The Committee met on January 4 to consider the plans of three members with respect to the executive branch. After reviewing the

9 three plans, which varied considerable with respect to structure and language, the Committee decided it would be best to vote on points that should be in the executive branch as senses of the Committee. This was done to help guide the Committee’s consideration. Over the meetings on January 4 and 5, the Committee unanimously agreed to the following points: The executive branch shall have a president and a vice president who are elected by the people. The president is to be elected by a majority of the students. The qualifications shall be substantively similar to those currently codified in the current constitution. An executive cabinet shall be provided for. The president shall be the chief executive of his branch, and there shall be a separate legislative branch with appropriate checks and balances and a clear separation of powers. The president shall present a budget to the Senate. There shall be a definite course for succession to the presidency. The president’s compensation shall be neither increased nor decreased during his term. There shall be a constitutional oath of office. A course of action providing for the disability of the president. A requirement to give to the Senate information on the state of the Association. To appoint justices with consent of two-thirds of the Senate. To appoint all other officers with Senate confirmation and as otherwise provided by law. Provisions regarding impeachment are to be included. Requirement that the president take care that the laws are executed. After the meeting on January 5, members were instructed to develop language that would carry out the sense of the Committee with respect to the executive branch. SUMMARY OF CONSIDERATION ON JANUARY 9 AND 10 The Committee met on January 9 and 10 to continue consideration of the executive branch and to begin consideration of the legislative branch. The Chairman’s e-mail on January 11, in summary of those days, provides a good summary of the proceedings. Yesterday we received the input from President Champagne, Vice President O’Brien and others on a number of issues. With respect to the plan attached, Jeff and Lauren agree wholeheartedly that the approval process for budget requests for programming is too cumbersome. For example, the Senate appropriates funds in a master budget at the beginning of the year. Then, for each program, the programmers must come back to the Senate to receive approval for

10 each line item, no matter how insignificant. The plan the Committee is working on solves that inefficiency. They both support the plan to provide for more executive appointments, as well. Lauren cited as an example the position the programmers would be in if an inexperienced programming vice president was elected. She said it would compound the problems they already face with a whole new slate of inexperienced programmers at the beginning of the term. Jeff especially likes the fact that the Committee’s plan creates more of a hierarchy within the executive, which is something that is not the case now. We are continuing to work on the legislative branch today, but the direction we are going indicates that we will not be making many changes. For example, the size and apportionment by college of the Senate will not change. I know some, if not many, of you are wondering if there really are problems that the plan we are working on will solve. While there are some big structural issues at play, we believe it should be viewed in a different way. Right now the ASUN is good, good in the sense that things work okay, the government has never really ground to a halt—things are just okay. We believe that our plans and our work will help take us from good to great. After hearing the input from Vice President O’Brien and President Champagne, the Committee voted to set as its foundation a plan designated “Committee’s Executive Draft Plan No. 1A”. SUMMARY OF CONSIDERATION UP TO JANUARY 16 By January 16, the Committee had settled on a structure for the legislative and executive branches of government. Some of the details were not yet worked out, but the fundamentals were in place. This plan was designated “Committee’s Plan Draft No. 1”. SUMMARY OF CONSIDERATION THROUGH JANUARY 19 Between January 17 and 19 the Committee settled on specific language for the entire document and voted on specific language when there was disagreement among the member as to what should be included. By January 17, the Committee settled on a plan designated “Committee’s Plan Draft No. 3”. On January 18, the plan, after some amendments, was designated the “Committee’s Plan”. The Committee, on January 19, reported its plan, with a few minor adjustments, as CA-0607-A. SECTION-BY-SECTION ANALYSIS OF THE COMMITTEE’S PROPOSAL The following is an analysis of the content of each section of the Committee’s reported constitutional amendment. Also included is a summary of the Committee’s arguments in support of each section.

11 Preamble The preamble sets a thematic statement of the purposes of the Association. While not necessarily binding on the government’s activities, it does lay out the common themes behind the Association and why it is formed. The Committee, when it began considering the purpose of the Association, quickly realized that the text contained in the current constitution at Art. I, sec. 110 was simply inadequate to distill in as few words as possible the purpose and goals of the ASUN and its government. One key element that the Committee found to be missing was the clear sense that the purpose of forming ASUN in the first place is to represent the interests of students. The Committee quickly settled on language to that point. The Committee recognized that another primary purpose of student government on our campus is to participate in a model of shared governance. To that end, language was included to state that goal and obligation of student government. Finally, the Committee agreed that a preamble should state in some manner the duties of students on the campus to be exercised through their representatives. The Committee also recognized that we are not establishing a new student government; we are establishing a more perfect student government. By ratifying a constitutional amendment that has the effect of creating a new constitution, we are in effect creating a more perfect association. The preamble is a statement made by all of the students in forming the Association; it is not a statement from the government passed down to the students. This is important to understand for one primary reason, as Thomas Jefferson best articulated in the Declaration of Independence: “Governments are instituted among Men, deriving their just powers from the consent of the governed”. A student government is established because the students want their interests represented, and the best way to do that is through an organized system. To forget why we exist is to forget that the students put us here. In the end, the Committee agreed to the following language: WE, THE UNDERGRADUATE STUDENTS OF THE UNIVERSITY OF NEVADA, in order to form a more perfect association, advance our interests, set forth our duties, and provide for meaningful participation in the governance of our University, do hereby establish this Constitution for the Associated Students. The Committee spent more time on this paragraph than any other single item in the constitution. We believe that when boiled down to its raw elements, this preamble states well what this student government is for in terms that will be able to adapt with the times. Article I Article I lays out the basic elements of the Association, including its official name, requirements to hold office, and certain other elements

12 that apply to all branches of government that belong together and not in each branch’s language. Most of the elements in Art. I are taken directly from the current Art. I with some reworded language, mostly to make things more clear. Sec. 1 sets the Association’s official title as the “Associated Students of the University of Nevada, Reno”. Because the official name of the University is set by state law and Board of Regents policy (as much as we true Nevadans may dislike) is the University of Nevada, Reno. As such, our Association must so be named. We could try to submit a document to the Regents that omits the “, Reno”, but they would simply change it. However, we make clear in the same section that our common names are the Associated Students, the Association, and ASUN (not ASUNR). This language has proved adequate in the past to satisfy the Regents on this point. It allows us to call ourselves what we want to be called and to keep the Regents happy. Sec. 1(a) provides that membership in the Association is automatic for any person registered for at least one undergraduate credit. No change has been made from the existing constitution. In making this determination, the Committee is of the opinion that only undergraduate classes paying fees in support of the Association shall qualify under this subsection. Sec. 1(b) provides that members of the government must have a minimum 2.5 cumulative GPA, be enrolled in seven undergraduate credits, and not be under any university probation, suspension or expulsion. The Committee inserted the word “cumulative” to the GPA requirement to clarify that it is not the semester GPA that is to be used to determine eligibility. The last clause, regarding university discipline, was inserted to clarify that the University may determine eligibility to participate in extracurricular activities—student government among them—according to its policies as well as our own. The Committee also decided to eliminate the disparity in GPA standards between the elected and appointed members of the government. The Committee found no substantive reason to set the two requirements differently as both elected and appointed members, under the Committee’s plan, will be in a position of significant public trust. Sec. 1(c) sets the election date and date elected persons take office. No change was made. Sec. 1(d) prohibits a member of the government from holding more than one elected or appointed position. Under the existing constitution, the prohibition applies only to elected positions. Under that model, it is constitutional for a justice to be a senator, for a senator to be an executive, for an executive to be a justice, and so forth. So long as no person is elected to two offices, there is no constitutional problem. The Committee recognized that this presents many problems. Sec. 1(e) states that the elected members of the government will receive a compensation to be set by law. Any increase in compensation will take effect after the next intervening general election, which

13 shall be subject to approval by a majority vote of the students voting in the election on that question. This subsection maintains the same elements of the existing constitution with respect to the elected officers’ pay. The Committee considered doing away with the vote of the students, but decided to keep it the same. The Committee decided that a change of this provision would prove to be too contentious to allow the remainder of the document to pass. Sec. 2 sets a new requirement in the constitution that all elected and appointed members of the government must take an oath to support the constitution before they take office. As is now, we take an oath by tradition but it has no power of law. The oath will be set by law. Sec. 3 relocates a provision previously at Sec. 640. This is a requirement of the Board of Regents and we must include the language in our document. Article II Article II sets the legislative functions of the government. Most of the fundamental structural elements of the existing constitution remain intact. Sec. 1 establishes a Senate, which will have all legislative power. Sec. 1(a) sets the size of the Senate to no more than 22 and the terms of office at one year. Sec. 1(b) sets the requirements for how the Senate is to be apportioned. There are no departures from the existing document. Sec. 1(c) creates a new requirement that senators be members of the college from which they are elected. As is now, an argument could b e made that it is constitutional for a business major to be elected from the School of Medicine. This is an instance of conforming the law to established practice. Sec. 1(d) states how the Senate is to handle vacancies in its own body. The only change is that when one-third of the Senate is vacant, special elections are to be held to fill the vacancies. The Committee felt it necessary to provide for the special elections because when a significant minority of seats is vacant, the student’s choice is more important than expediency in filling a single seat. Sec. 1(e) states that the Senate has the power and duty to select its speaker and other officers. The Committee felt that rather than codify in the constitution the powers and duties of the speaker, the Senate should decide that by rule. Sec. 2 provides for procedural elements of the Senate. Sec. 2(a) grants the Senate the power to judge election disputes for its own seats. The Committee found that when a dispute arises in an election for one of the people’s representatives, the officials closest to the people should decide the issue. Sec. 2(b) sets the quorum for the Senate at two-thirds of the membership, no change from the existing document. Sec. 2(c) grants the Senate broad power to set rules and to discipline its members for misbehavior. The only limitation on this power

14 is that when expulsion is considered, it requires the concurrence of two-thirds of the senators present to implement. The companion clause to this part in the old constitution was a point of great contention for the 74th Session of the Senate. It was viewed by many to be inadequate to allow the Senate options in disciplining its own. This language removes the possibility of binary or exclusive interpretation by not contemplating certain types of punishment, except to state that expulsion is the one imposed, it must be done by a supermajority. Sec. 3 sets the powers and duties of the Senate. Sec. 3(a)(1) provides that the Senate has broad authority to make law for the government. Sec. 3(a)(2) grants the Senate the power of the purse. It prohibits money from being spent without appropriation. The paragraph also requires the government to make a public accounting of its spending annually, something we are required to do now by the Board of Regents. Sec. 3(a)(3) grants the Senate the power to set policy with respect to the recognition of organizations. Right now the Senate has the power to recognize. Sec. 3(b) sets limitations on the Senate’s power. As a matter of contract law, we cannot rescind contracts once they have been signed. Under University and System policy, we do not have direct authority over administrative faculty salaries and positions. Even without the language in the constitution, those two things we still cannot do. Sec. 4 deals with the legislative process and the authority of the president in that process. Sec. 4(a) states that every bill that passes the Senate must be presented to the president for his or her action. This is an implied requirement in the current constitution. Sec. 4(b) grants the president veto power. Sec. 4(c) grants the Senate the override power of a veto by a twothirds vote. Sec. 4(d) limits the time in which the veto power can be exercised to five working days after presentment. Absent action, bills become law. Sec. 4(e) establishes a line item veto power with limitations. The Committee believed that this power should only be used on items of appropriation and not on other legislation. To allow that would allow the president to legislate through acts of omission. The provisions of this subsection allow for Senate reconsideration. Sec. 5 deals with the impeachment powers of the Senate. Sec. 5(a) grants the power of impeachment to the Senate, and only to the Senate. The power of impeachment, the Committee finds, should rest only with the legislative branch. Given its historical context and universally understood meaning throughout all governments in the United States, impeachment is a checking tool of the legislative on the executive and judicial branches of government. To give this power to another branch would be unacceptable. As is now, the Executive Council has unqualified veto power over even an investigation. Without their express approval, nothing with respect to

15 impeachment can ever happen. This presents grave separation of powers concerns. Sec. 5(b) grants the Senate to try impeachments. When sitting for that purpose, senators act essentially as jurors, and will be required to be on an oath or affirmation to that effect (to do impartial justice, etc.). The proposed language sets the Chief Justice as the presiding officer over the trial phase of impeachment when executive officers are being tried. The Vice President is to preside when justices are being impeached. Conviction requires a two-thirds vote instead of the three-fourths vote in the existing constitution. The reason the Committee decided to change who presides over the Senate in cases of impeachment from the entire Judicial Council to the Chief Justice and Vice President in their respective categories of cases is a committee cannot preside effectively over the Senate. Furthermore, the Vice President is to preside over judicial impeachments to limit the effects of a possible conflict of interest when the President is being tried with his appointee for Chief Justice presiding. Sec. 5(c) limits the extent of punishments for impeachments. Punishment cannot extend beyond disqualification to hold any other office under the ASUN. There is no change from the present constitution. Article III Article III contains the provisions regarding the executive branch of government. Sec. 1 establishes the offices of the President and Vice President. The executive power is vested in these officials. They are to be elected together for a term of one year. This is one of the more significant structural changes the Committee is proposing. The primary reason is the executive branch as currently structure does not function in a hierarchical structure. The President’s vision and ability to act is severely limited when he is required to share duties with three other elected executive officers. There is also potential for executives to be elected who share little in common. This could lead to disunities in the executive branch. Sec. 1(a) sets additional eligibility requirements for executive officers. No changes were made to the current eligibility requirements for the executive officers. The Vice President would have the same requirements as the Executive Vice President. Sec. 1(b) sets a requirement that the President receive a majority of the votes cast to be elected. Currently this requirement is not in either the constitution or statute. The Committee strongly believes that the chief executive should receive a majority of the votes cast to be elected in order to prevent a plurality winner, in which case a majority of voters have voted for another candidate. Sec. 1(c) provides for the vacancy of the presidency. In the case the office of the President is vacant, the Vice President becomes President. When the vice presidency is vacant, the President selects a nominee to be confirmed by the Senate by a two-thirds vote. This subsection also allows the Senate to set the succession order to the presidency beyond the Vice President.

16 Sec. 1(d) grants the President the ability to temporarily transfer power to the Vice President in the case of a disability. This is needed to allow the executive branch to function when the President is not able to execute the duties of his or her office. Sec. 1(e) prohibits the President’s compensation from being either increased or decreased during the term. This is being proposed because it prevents the Senate from using the President’s compensation as a political tool. Sec. 1(f) sets the constitutional oath of office for the President. The President must take the oath before entering into office. Currently there is no constitutional oath for the President (or any officer for that matter). The oath of office has significant symbolic value, especially for the presidency. Sec. 2 delineates the powers and duties of the President. Sec. 2(a) grants the President the power to enter into agreements on behalf of the Association. It also grants the Senate the ability to regulate this power through law. This is a typical executive function common among many student governments. Sec. 2(b) is the President’s power of appointment and the Senate’s power of confirmation. Confirmation requires a two-thirds vote of the Senate. This clause also allows the Senate to by law grant sole appointment authority to the President, inferior officers in the executive branch, and to the judicial branch. Sec. 2(c) grants the President recess appointment power. When the Senate is not in session, the President can fill vacancies that may occur without Senate approval. These appointments lose effect when the Senate reconvenes. Sec. 2(d) is a duty of the President to give to the Senate information on the state of the Association. It also grants him the power to recommend measures to the Senate for consideration. This codifies an element of statute into the constitution. Sec. 2(e) requires that the President submit a proposed budget to the Senate. Sec. 2(f) allows the President the ability to call the Senate into session on extraordinary occasions. This power is vested now with the Executive Council. Sec. 2(g) is a requirement that the President ensure that the laws be faithfully executed. Sec. 3 states that the President and all other executive officers are subject to the impeachment, conviction and subsequent removal from office for malfeasance, failure to discharge the powers and duties of the office, and other offenses. Removal from office is automatic upon conviction. This is functionally similar to our existing constitution. Article IV Article IV deals with the judicial branch of government. Sec. 1 vests the judicial authority of the ASUN in a Judicial Council Sec. 1(a) sets the number and terms of office for the justices. It establishes a chief justice and four associate justices who serve terms of two years. This is the same as the current constitution with the exception the office of associate chief justice has been eliminated. It was

17 viewed to be unnecessary and something the Senate or the Council could establish through a seniority ranking. Sec. 1(b) lists the additional qualifications required to be a justice. A justice must have junior standing (60 credits) and have been a member of the Association for two consecutive semesters. No change is made from the current requirements. Sec. 1(c) requires that justices be in good disciplinary standing with the University in order to serve. No change is made from the current requirements. Sec. 1(d) prohibits justices from holding any other office within the ASUN while serving as a justice. The Committee believed that being able to hold any other office would cloud the administration of justice. Sec. 1(e) provides that justices’ compensation cannot be decreased while they hold office. This is to prevent the government from decreasing judicial pay as a political means to influence the Council. Sec. 2(a) sets the jurisdiction of the Council to all cases arising under the constitution and the laws of the ASUN. Currently no jurisdictional statement like this exists in the constitution. It is needed to clearly establish the Council’s authority to act as a judicial body. Sec. 2(b) grants the Council the power to adjudicate claims questioning the constitutionality of the acts of the Senate, President or any other member. This is similar to existing language. Sec. 2(c) grants the Council the power to interpret acts of the Senate. This is similar to existing language. Sec. 2(d) grants the Council the power to reapportion the Senate when it does not do so. Sec. 3(a) sets the quorum of the Council at a majority of the membership. With only one exception, the quorum is now set at all five members, which makes it functionally and practically difficult for the judicial branch to function when just one member is unable to attend. This is simply unacceptable that the administration of justice can be stalled by the actions of one person. Sec. 3(b) is a protection against possible abuses by allowing a valid decision to be rendered with a quorum present (i.e. a 2-1 vote). This subsection requires that decisions of the Council have the concurrence of three members to be effective. Sec. 3(c) grants the Senate the ability to set law related to the operation of the Council. The Senate can delegate that authority directly to the Council. Sec. 3(d) requires that the Council follow the provisions of the Nevada System of Higher Education Code when applicable. This is a requirement that is already in the constitution. Sec. 4 provides that justices are subject to impeachment the same as are executives. Article V Article V deals with the amendment process, recall elections, and popular initiative and referenda. Sec. 1 deals with amendment. The only change proposed is to eliminating the requirement that one percent (of the 10 percent) of

18 the signatures gathered be from each college or school. The Committee found this requirement to be unnecessary. Sec. 2 sets the procedures for recall elections. A technical change was made to the current document (stating that the signatures of the number of voters who voted instead of the signatures of a certain number of those who voted). The most substantive change to these procedures is to the vote required to recall an official. The Committee proposes setting that number at a majority of those who vote in the recall election, instead of the two-thirds of those who signed the recall petition as is the case now. This would serve to prevent a tiny, tiny number of people from removing a person from office. Take this as an example (under the current constitution): A race had 100 people vote. The Constitution requires that half of those who voted sign a petition to qualify the issue for the ballot, or 50 people. Of those 50 people, only two-thirds of them are required to recall an official, or 34 people—no matter how many people vote the other way. The Committee’s proposal sets the number in relation to how many people actually vote, and not in relation to how many people sign the petition. The reason for setting it at a majority is to prevent a minority from obstructing the will of the majority. Sec. 3 sets the procedures for initiative. Similar technical corrections were made to this section. The number of votes required to adopt an initiative which qualifies for the ballot is a majority. Again, this was done to prevent a minority from preventing the majority’s will from taking effect. Initiative cannot be used to repeal prior actions; that is what referenda are for. Sec. 4 deals with referenda, or popular ballot measures that seek to repeal statutes. The provisions of this section are substantively the same as initiative. Article VI Article VI contains the implementation clause, which states that the document shall supersede the present constitution when ratified by the students and approved by the Board of Regents. This is similar language that existed from 1990 when the document was last amended (essentially re-ratified through amendment). CONSTITUTIONAL AUTHORITY STATEMENT The Committee finds that the Constitutional authority for this legislation is provided in Article VI, section 600, clause 1, which grants the Senate the authority to propose amendments to the Constitution of the Associated Students of the University of Nevada.

19 NOTES ON PROCEDURE The ASUN Constitution mandates a specific procedure for the proposal, adoption, ratification and assent of proposed constitutional amendments. The ASUN Constitution at Article VI reads: Section 600 600.1 600.2

600.3 600.4

Amendment of this constitution shall require the following procedure: Proposal by a two thirds (2/3) vote of the Senate membership, or Proposal by a petition signed by ten percent (10%) of the ASUN membership, with at least one percent (1%) of the signatures from each college; and Approval by a two thirds (2/3) affirmative vote of those voting in the ASUN general election. Approval by the University and Community College System of Nevada Board of Regents.

CONCLUSION The Committee firmly believes that our proposal more than anything else will allow for a more responsive and adaptive student government. We are here to serve the interests of the roughly 12,000 undergraduate students on this campus. Further, this proposal restores the separation of powers doctrine upon which many successful governments have been built, both student governments, and state and national governments. This document will let the President be President and let the Senate be a Senate without burdensome unnecessary limits on flexibility. A constitution should not unduly tie the hands of government in being able to adapt to changing times. But a constitution should lay out the basic framework required to establish a government. We believe that this document accomplishes our goals. We are confident that when one takes the time to sit down and actively try to understand what we are trying to do, one will become a supporter of this plan because it will allow the Associated Students enter into a grand new era of new possibilities, challenges and opportunities. We ask that the Senate agree to, and thereby propose to the students for their consideration in the general election, the constitutional amendment proposed in this report. We also further present the following incidental and supplemental resolution. Resolved, That it is the opinion of this Committee, that as soon as the Senate has received notice that the Board of Regents has assented to the Constitution as ratified by the students voting in general election, the Associated Students represented in Senate should

20 fix the time for commencing proceedings under this Constitution, and should, without delay, proceed to execute this Constitution as the Senate may be law direct, pursuant to the Constitution. SEAN MCDONALD, Chairman. JOE PERREIRA, Vice Chairman. ALEX GEVEDON. BEN HANSEN. KIM KNUDSON. GREG GREEN.

21 ADDITIONAL VIEWS ADDITIONAL VIEWS OF SEN. BEN HANSEN In the course of University events it is sometimes necessary to modify the political bands which have constricted the government of the Associated Students. Presently, there is one identifiable band which has constricted us beyond measure: the Constitution. It is for this reason that, over the winter break, the Rules and Actions Committee has diligently worked to present to the Senate and to the students a new document that respects the tradition and thought of past governments, retains essential and beneficial constitutional structures, and modifies insufficient or detrimental effects of the current constitution. I am confident that the Committee’s Plan has fulfilled those goals. The constitution under which our current student government is working is now outdated. Undoubtedly, when the current document was created it was useful. But since then our University has grown and changed substantially. The old standards no longer work and oftentimes hinder us in our work. One need only look at the recent disciplinary proceedings and issues facing campus programming to understand this. It is abundantly clear that in our current situation, as well as the place to which the Associated Students and the University is heading, the present constitution hurts more than it helps, violating a number of even the most basic principles upon which representative government rests. The Committee’s Plan addresses these glaring insufficiencies of the present constitution. Whatever your feelings are regarding the Committee’s Plan, I ask you to come to the Senate table with an open mind and a willingness to hear the Committee’s thoughts. Four senators and one member of the public gave up almost the entirety of their winter break writing the Plan. Many other executives, administrators, and other audience members also dedicated scores of hours informing and advising the committee. Literally hundreds of man-hours were dedicated to this cause to bring to the Senate a plan that the Committee is very proud of. I love the University of Nevada and am confident that the Committee’s Plan will make a substantial, meaningful, and very beneficial impact upon the students and upon our university. I realize that all nuances of the Committee’s Plan can’t be discussed here, but the following text gives a good overview of the themes we considered when drafting the Plan. Ultimately, the Plan will take ASUN into the future by celebrating its past, yet making our government truly responsive, efficient, and flexible – something that, if our University continues to grow, which it most certainly will do, cannot be achieved under the present document. Regarding the Legislative Branch, the Committee’s Plan differs little from the present constitution, namely because the Legislative Branch operates well and reasonably efficiently under the present constitution. The largest change to this article is regarding discipline. In order the mitigate the problems surrounding legislative discipline that we all realized just a few months ago, the Committee’s Plan

22 grants the Senate its own disciplinary authority. This concept follows proper parliamentary practice and the language in the Committee’s Plan parallels that found in a great many other student governments, correcting the conflicting language of the present constitution. Yet, while the Committee’s Plan allows for intermediate forms of discipline, not limiting us to the binary system under which we operate now, the Plan still requires a supermajority to expel a member – a very appropriate characteristic. Furthermore, the present constitution unnecessarily ties the hands of the Executive Branch. The President has no real executive authority because such authority rests with the Executive Council. Therefore, if the President is to get anything done he must have a good relationship with the rest of the executive officers. Yet cementing such a relationship with four other people is difficult because all of the executives are independently elected, oftentimes with conflicting ideologies and visions. Additionally, the most powerful member of the Executive Council is the Speaker of the Senate. This is a blatant violation of the Separation of Powers Doctrine – a doctrine that is the cornerstone of all student governments in the United States! Our solution to these problems is an independently elected President and Vice President, both on the same ticket, with all executive and legislative authority resting with the appropriate branches. The nonelected executive officers will, much like it is now, be appointed by the President with legislative confirmation. Such a model is tried and true and ensures that the Executive Branch is cohesive and efficient. Regarding the Judicial Branch, it is functionally the same. The most substantial change, though, is the dissolution of the two alternate justices. Nowhere else in any government in this country are alternate justices found! Indeed, their creation seems to be an afterthought to meet the outrageous quorum requirements of that body. We corrected the quorum problem by requiring a quorum of three. However, to ensure that any decision of the court is made by a majority of all of its members, the Committee’s Plan requires that all decisions of the court be by three justices. This provides for a fair and proficient court. Indeed, the Plan itself provides for a fair and proficient government of the Associated Students of the University of Nevada. BEN HANSEN.

ADDITIONAL VIEWS OF SEN. ALEX GEVEDON Meeting over winter break to discuss changes to the constitution was maybe not the ideal way to spend one's time off, but it was work that definitely needed to done. There were massive changes necessary to make the document coherent and workable. Going into the project I was content with leaving the document mostly how it was written, with a few substantive changes. At our first meeting the idea was thrown out to make major changes to the Executive Branch. At first I

23 didn't think highly of this idea, but the more I thought about it the more it occurred to me how much it would help the ASUN government. Making most of the executive positions appointed instead of elected creates a very efficient and stable executive branch. I firmly support the proposed changes to the Executive Branch. Drastic changes were not made to the Legislative Branch. The number of senators remained constant, as did the method of reapportionment. Some changes were made to the disciplinary process, all of which make the process more clear and open. There is not much I can say that except what I am sure everyone else has said, but I will say that I am very proud of the work done by the committee, and I stand fully and faithfully behind our finished product. ALEX GEVEDON.

ADDITIONAL VIEWS OF SEN. JOE PERREIRA My fellow Senators, It is my hope that you will read our proposed constitutional amendment with an open mind. Please realize that the committee has worked very long and very hard to prepare for you a document that only seeks to enhance and create a more perfect Association. It is my opinion that our current constitution limits the Association in a way that is keeping what we can do and what we can offer from growing with our ever-demanding student body. This is in no way the fault any one group or person. It is merely the result of a document that was designed around the needs of a far smaller student body. Our proposal seeks to enhance the Association in every way it possibly could to further meet the needs of our growing student body, and I feel that we succeeded very much so in this aspect. It also seems quite obvious to me that some of you may be wondering why these changes are necessary, or if they should even be considered at all. Even if you feel this way, you should still take the time to sit down and take a very serious look at our constitution as it currently exists, and right next to it, have a copy of our proposal, to see what it is that we are trying to do. In doing this, you will get a clearer picture of what it is the committee spent all winter break doing. And that was creating a sleeker, more versatile Association that will be able to better equip itself to handle the growing needs of our student body. This newly enhanced Association will have the ability to be more responsive and act in ways that our Association is limited from doing currently. This Assembly can either continue to make minute changes to our existing document year after year and slowly update and reorganize our Association, or we can all come together to make one bold stroke of change that will bring the Associated Students of the University of Nevada, into the twenty-first century. JOE PERREIRA.

24 ADDITIONAL VIEWS OF MR. GREG GREEN, MEMBER AT LARGE In reading the following, please know that I have put a great deal of thought into my conclusions. I have taken my role on the Rules and Actions Committee very seriously, and I hope that this will show in my forthcoming statements. In reading this statement, I ask that you keep an open mind. Start with the big picture and reason your way down to the wording that we have submitted. If something is not immediately clear, please try reserve judgment and ask questions. Upon joining this committee, I did not plan to make many changes to the current document. However, after analyzing each section it became clear that many changes were necessary. I would like to stress, however, that each change has come with considerable reflection and scrutiny. Unfortunately, it is impossible for me to express all of my reasoning in this statement. Instead, I have tried to state the key concepts as to give you jumping off points. I have organized each of my statements under subtitles as to make it easier to reference. The following are problems I see with the current document: • • • • • • • • • • •

Limits the responsiveness of our government Needed adaptability is not possible in many cases Little separation of powers and duties amongst branches and individuals Branches’ powers are unbalanced Interim periods insufficient, forcing unconstitutional actions Conflicting and overlapping rules for handling discipline President’s ability to execute his or her vision is greatly limited President’s cabinet and connectivity to special interests on campus are limited Programming is greatly limited in its actions Flexibility within the C&O Board is currently limited Readability issues, grammatical errors and conflicting sections are present

In correcting these problems, this document utilizes the following key concepts: Responsiveness President’s Cabinet The President will now be able to have a cabinet with department heads (subject to approval by Senate.) In addition to current boards, other boards may be created as well that deal with special interests on campus. Positions such as student advocate may also be implemented. In this manner, the President will be much more informed on campus life, and students will be more connected with their government.

25 Programming The new document will allow laws to be created surrounding the way programming operates. For example, the Senate may allocate a set amount of money in the programming budget to bring a speaker to campus. The programmer would then be able to find a specific speaker and sign the contract without coming back to the Senate for a second approval. The nice part about this document is the fact that the Senate is free to create the laws it sees fit in distributing funds. Clubs and Organizations Clubs and organizations are increasing in number and involvement on our campus. The way they are being recognized and given funding is changing as well (Sections 430.1F and 430.1G in the current document). This document will allow for these changes while adapting to future changes, whereas the old document will not. Publications This document will allow the Nevada Sagebrush, when ready, to become independent of ASUN. Until it is able to do so, it may operate just as it does today. The Brushfire, Artemisia, and Wolf Pack Radio will be able to operate in the same manner. Interim This document allows statutes to be created by the Senate in handling interim periods. Interim meetings may become less of an issue altogether if the Senate decides to create statutes that allocate funding for specific departments and activities prior to going on break. Secondary approvals made by the Senate would not be necessary. Separation of Duties and Responsibilities Fiscal Allowing the Fiscal Board to operate under the legislative branch is an important aspect in separating the powers of our government. As it is now, the President is acting as a legislator by being chair of the fiscal board, and then as an executive by signing off on and expending funds. This is an inherent conflict of interest. In this document, the President will lay out his or her vision, and then ask for the funds from the Senate to carry it out. If the Senate agrees to the allocations, the President will then be able to execute his or her program without going back for a second approval (unless the Senate required it.) This sets up a clear distinction between managing the budget (allocating, approving, and keeping track of all ASUN funds through the legislative branch), and expending the funds as the Senate sees fit (executing the authorized programs and carrying out the Senate’s will through the executive branch.) Each branch has its clear and separated duties in this regard, creating more accountability. The same separation would be true for Programming, Clubs and Organizations, Publications, and any other board under the executive branch. Another great aspect about this document is that it breaks up the workload when it comes to handling ASUN funds and keeping track

26 of the budget. More individuals will become active in the process, allowing each take on different roles. Hierarchy of Executive Branch The main reason for establishing a hierarchy within the executive branch is to create accountability. We’ve all heard “the buck stops here” line, but why is it important? Most importantly, the President needs to be given the power and responsibility of executing the will of the government. This is due to the fact that the President represents the whole of the student body. Secondly, the members of the executive branch must be able to work together with a common vision. The President leads the way in carrying out this vision. Lastly, a clear hierarchy in the executive allows for more effective leadership, defined roles and authority, improved conflict resolution, and clear communication channels. Discipline of Members A separation of powers within our student government is vital when it comes to discipline. To help insure a fair trial, the Vice President would oversee the impeachment of justices, while the Chief Justice would oversee the impeachment of executive members. The Senate would be the body that initiates and hears all cases in the area of discipline, as it contains the most elected members. Adaptability, Clarity and Timelessness Importance of Statutes This document places a newfound significance on statutes. As they will become increasingly important in the operation of our government, they will also allow for the most flexibility when needed. The constitution should be viewed as a document that sets up the bare basics of a successful government. Statutes, on the other hand, allow for a successful government to operate. A great deal of the way ASUN operates changes over time due to a wide variety of external factors. When we try to place too much of the way we operate in the constitution, it becomes a document that only works under a certain set of circumstances. When reviewing this document, keep in mind that statutes will be used to fill in areas that the current document expresses unconditionally. Grammatical fixes The current document contains a great deal of grammatical errors. Also contained in the document are references to things that no longer exist (Grievance Board for example.) Some sections refer to the similar concepts, but in different ways. In other areas, sections completely contradict each other (Section 420 and 430 for example.) This document corrects the basic grammatical errors, and consolidates concepts into their appropriate articles and sections. GREG GREEN.

27 ADDITIONAL VIEWS OF SEN. KIM KNUDSON Because ASUN’s existing Constitution contains several deficiencies that can only be resolved through substantial revision, I firmly support the Constitutional Amendment put forth by the Senate Rules and Actions Committee. It is my opinion that a constitution should guide, and in very limited circumstances, prescribe specific remedies. The reasons for this are simple. First, it is impossible to anticipate all future problems of government; and second, it is difficult to enumerate powers or define procedure without subverting power in the process. Both of these problems plague the existing document. In its attempt to delineate all powers and responsibilities, the existing Constitution stifles creative decision-making and limits the effectiveness of every branch of government. Memorable examples include the Senate’s inability to decide appropriate punishment for its members (because it is limited to censure or expulsion), the Judicial Council’s inability to conduct business (due to its unrealistic quorum requirement), and the inability of the Executive branch to pursue a meaningful agenda (because it lacks an independent voice by virtue of being tied to a council). This list is by no means exhaustive, and only serves to illustrate the need for constitutional change. The Constitutional Amendment addresses these problems and provides unique advantages that cannot be found in the current document. The revised Constitution provides greater flexibility in governance, empowers the executive branch, and provides for a more productive legislative branch. The revised Constitution is limited to those areas of government that are essential to its foundation, and purposefully avoids reference to items that can/should be decided by the Senate or codified in statute. Subsequently, the officers of government have greater decision-making ability. The Constitutional Amendment uniquely empowers the executive branch by granting the president more individual authority, and lends to a more productive legislative branch by reducing its managerial responsibilities. The revised Constitution is by no means perfect, but it is the best solution to the problems that afflict the existing Constitution. KIM KNUDSON.

28 APPENDIX: VARIOUS TABLES The tables described below are contained in the appendix to this report. TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION The table that follows in the appendix, Table 1, shows the sections of the existing constitution and the sections that contain similar elements in the proposed constitution. This is a simple table that contains only references by section number. TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION The table that follows in the appendix, Table 2, shows the sections of the proposed constitution and the sections that contain similar elements in the proposed constitution. This is a simple table that contains only references by section number. TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION The table that follows in the appendix, Table 3, shows the text of the existing constitution side-by-side with the companion text in the proposed constitution. TABLE SHOWING DISPOSITION OF TEXT OF PROPOSED CONSTITUTION The table that follows in the appendix, Table 4, shows the text of the proposed constitution side-by-side with the companion text in the proposed constitution.

TABLE 1. TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION. TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

Art. I, sec. 1

Official name of Association; common names

Art. I, sec. 110

Preamble

Purpose of Association

Art. I, sec. 120

Art. I, sec. 1(a)

Definition of membership, automatic

Art. I, sec. 130

———

Redundant; establishes government with three branches

Art. I, sec. 140

Art. I, sec. 1(b)

General qualifications to hold office for elected and appointed members

Art. I, sec. 150

Art. 1, sec. 1(c)

Date of general election; date terms of office begin

Art. I, sec. 160

Art. I, sec. 1(d)

Limitation on holding more than one office

Art. I, sec. 170

———

Eliminated from document; prohibition on Senators serving on publications and Publications Board

Art. I, sec. 180

Art. I, sec. 2

Parliamentary authority for bodies established under Constitution

Art. II, sec. 200

Art. II, sec. 1

Establishment of legislative branch; Senate; official name

Art. II, secs. 210, 220

Art. II, secs. 1–2

Size of Senate; apportionment of seats; requirement to apportion every two years

Art. II, sec. 230

Art. II, sec. 1(a)

Terms of Senators, elections

29

Art. I, sec. 100

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

———

Eliminated from document; automatic reseating of Senators to boards

Art. II, sec. 250

Art. II, sec. 3

General powers and duties of Senate

Art. II, sec. 250, cl. 1–5

Art. II, sec. 3(a)(1)

Power of Senate to enact laws, endorse resolutions, to formulate policies, to make recommendations, to issue directives

Art. II, sec. 250, cl. 6

Art. III, sec. 2(b)

Confirmation power of Senate

Art. II, sec. 250, cl. 7

Art. II, sec. 4(c)

Veto override power of Senate

Art. II, sec. 250, cl. 8

———

Eliminated from document; power of Senate to establish committees; power is implied

Art. II, sec. 250, cl. 9

Art. II, sec. 3(a)(3)

Power of Senate to recognize organizations

Art. II, sec. 250, cl. 10

Art. II, sec. 5

Senate’s power of impeachment; to try

Art. II, sec. 250, cl. 11

———

Eliminated from document; power of Senate to confirm Election Board chairman and members

Art. II, sec. 250, cl. 12

———

Eliminated from document, redundant; power to fill vacancies not provided for in Constitution

Art. II, sec. 250, cl. 13

———

Eliminated from document, redundant; power of Senate to appoint investigative subcommittees

Art. II, sec. 250, cl. 14

Art. II, sec. 2(c)

Power of Senate to discipline its members; set

30

Art. II, sec. 240

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY rules of proceedings

———

Eliminated from document; implied statutory authority

Art. II, sec. 270

Art. II, sec. 1(e)

Power of Senate to appoint Speaker, officers.

Art. II, sec. 270, cl. 1–7

———

Eliminated from document; establishes office of speaker and constitutionally sets duties

Art. II, sec. 270, cl. 6

Art. III, sec. 1(c)(1)

Partially eliminated from document; established constitutional succession order for office of speaker

Art. II, sec. 280

Art. II, sec. 2(c)

Eliminated from document; implied in rulemaking authority and discipline

Art. II, sec. 290

Art. II, sec. 2(b)

Establishes quorum of Senate

Art. III, sec. 300

Art. III, sec. 1

Establishes executive officers

Art. III, sec. 310

Art. III, sec. 1; sec. 2(g)

General duties of executive; duty to enforce laws of Senate

Art. III, sec. 320

Art. III, sec. 2

Powers and duties of President

Art. III, sec. 320, cl. 1

———

Implied power of chief executive

Art. III, sec. 320, cl. 2

———

Eliminated from document; president as chair of Fiscal Board

Art. III, sec. 320, cl. 3

———

Eliminated from document; ex-officio power of president

31

Art. II, sec. 260

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

Art. III, sec. 2(b)

Appointment powers of president

Art. III, sec. 320, cl. 5

Art. II, sec. 5(b), (d)–(e)

Veto power of president, limitations

Art. III, sec. 320, cl. 6

———

Eliminated from document; president as nonvoting member of certain boards

Art. III, sec. 330

———

Eliminated from document; next ranking officer is Vice President under proposed document

Art. III, sec. 330, cl. 3

Art. III, sec. 2(e)

Executive budget submittal to Senate

Art. III, sec. 330, cl. 5

Art. III, sec. 1(c)

Succession to office of President

Art. III, sec. 330A

———

Eliminated from document; Vice President for Clubs and Organizations

Art. III, sec. 340

———

Eliminated from document; Vice President for Programming

Art. III, sec. 350

Art. III, sec. 1

Terms of office for executive officers

Art. III, sec. 360

Art. III, sec. 1(a)

Additional qualifications to be eligible for executive office

Art. IV

———

Eliminated from document; boards and committees

Art. IV, sec. 410

Art. II, sec. 3(a)(2)

Power of Fiscal Board to control funds; power of Senate under proposed document

Art. IV, sec. 410.2.E

Art. I, 1(e)

Wages of officers set before election; increase subject to vote of students

32

Art. III, sec. 320, cl. 4

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

———

Eliminated from document; Clubs and Organizations Board

Art. IV, sec. 440

———

Eliminated from document; Publications Board

Art. IV, sec. 450

———

Eliminated from document; Programming Board

Art. V

Art. IV

Judicial branch

Art. V, sec. 500

Art. IV, sec. 1

Establishes judicial branch

Art. V, sec. 500, cl. 1

Art. IV, sec. 1

Student Judicial Council, name

Art. V, sec. 500, cl. 2

———

Eliminated from document; superseded by Board of Regents Handbook, Title 2, Ch. 6

Art. V, sec. 510

Art. IV, sec. 2(a)

Jurisdictional authority of Council

Art. V, sec. 510, cl. 1

Art. IV, sec. 1(a)

Composition of Council

Art. V, sec. 510, cl. 2

Art. IV, sec. 2

Powers and duties of Council

Art. V, sec. 510.2.A

———

Eliminated from document; superseded by Board of Regents Handbook, Title 2, Ch. 6

Art. V, sec. 510.2.B

Art. IV, sec. 2(a)–(b)

Power of Council to rule on constitutionality of acts

Art. V, sec. 510.2.C

Art. IV, sec. 2(d)

Power of Council to direct Senate’s reapportionment when Senate fails to apportion its seats

33

Art. IV, secs. 420, 430

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

Art. IV, sec. 2(a)(1)

Power of Council to rule on validity of elections; cases arising under laws of ASUN

Art. V, sec. 510.2.E

———

Eliminated from document; arbitration role of Council

Art. V, sec. 510.2.F

Art. II, sec. 5(b)

Council presides over impeachments; proposed document rests this duty with Chief Justice

Art. V, sec. 520

Art. IV, sec. 1(b)

Qualifications for justices to hold office

Art. V, sec. 520, cl. 1

———

Eliminated from document; provides for constitutional duties of Chief Justice

Art. V, sec. 520, cl. 2–5

———

Eliminated from document; limits rulemaking authority of Council

Art. V, sec. 530

Art. III, sec. 2(b)

Appointment process for justices

Art. V, sec. 540

Art. IV, sec. 1(a)

Terms of justices

Art. V, sec. 550

Art. IV, sec. 4

Removal procedure of justices

Art. V, sec. 560

Art. IV, sec. 3(a)–(b)

Quorum of Council; number of justices to make decision

Art. V, sec. 570

———

Eliminated from document; requirement of Chief Justice to report on cases to Senate

Art. V, sec. 580

Art. IV, sec. 3(d)

Requirement to follow NSHE Code in hearing disciplinary cases under university jurisdiction

Art. VI, sec. 600

Art. V, sec. 1

Constitutional amendment procedure

34

Art. V, sec. 510.2.D

TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION EXISTING CONSTITUTION Art. VI, sec. 610

PROPOSED CONSTITUTION Art. II, sec. 5

COMMENTARY Impeachment procedure

Art. VI, sec. 620

Art. V, sec. 2

Recall election procedure

Art. VI, sec. 630

Art. V, sec. 3–4

Procedure for initiative and referenda

Art. VI, sec. 640

Art. I, sec. 3

Fiscal procedures required by Board of Regents

Art. VII, sec. 700

Art. VI, sec. 1

Implementation clause

35

TABLE 2. TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION. TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION

EXISTING CONSTITUTION

COMMENTARY

Art. I, secs. 110, 130

Purpose of Association; government

Art. I, sec. 1

Art. I, sec. 100

Official name of Association, common names

Art. I, sec. 1(a)

Art. I, sec. 120

Automatic membership

Art. I, sec. 1(b)

Art. I, sec. 140

General qualifications to hold office

Art. I, sec. 1(c)

Art. I, sec. 150

Date of general election; date terms begin

Art. I, sec. 1(c)(3)

———

Not present in constitution; student under certain university disciplinary action may not hold office

Art. I, sec. 1(d)

Art. I, sec. 160

Prohibition on holding more than one office

Art. I, sec. 1(e)

Art. IV, sec. 410.2.E

Elected members to receive compensation; limitations on increases; subject to approval by voters

Art. I, sec. 2

———

Not in existing constitution; requirement that members of government take oath before entering office

Art. I, sec. 3

Art. VI, sec. 640

Requirement to follow University and System fiscal policies

Art. II, sec. 1

Art. II, sec. 200

Establishment of Senate

Art. II, sec. 1(a)

Art. II, secs. 210, 230

Size of Senate; length of term

Art. II, sec. 1(b)

Art. II, sec. 210, cl. 1–2

Apportionment of Senate

37

Preamble

TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION

EXISTING CONSTITUTION

COMMENTARY

———

Not in existing constitution; requirement senators be member of college to which they are elected

Art. II, sec. 1(d)

Art. II, sec. 250, cl. 12

Not specifically in existing constitution; vacancies filled by law; special elections when 1/3 of Senate vacant

Art. II, sec. 1(e)

Art. II, sec. 270

Power of Senate to select Speaker, officers

Art. II, sec. 2(a)

———

Not in existing constitution; power of Senate to judge its elections; seat members

Art. II, sec. 2(b)

Art. II, sec. 290

Quorum of Senate

Art. II, sec. 2(c)

Art. II, sec. 250, cl. 14

Power of Senate to set its rules, punish its members; expulsion provisions

Art. II, sec. 3

Art. II, sec. 250

Powers of Senate

Art. II, sec. 3(a)(1)

Art. II, sec. 250, cl. 1–5

Power of Senate to make laws

Art. II, sec. 3(a)(2)

———

Not in existing constitution; Senate’s power of the purse; requirement to publish revenues and expenditures

Art. II, sec. 3(a)(3)

Art. II, sec. 250, cl. 9

Power of Senate to recognize organizations, set policy related thereto

Art. II, sec. 3(b)(1)

Art. II, sec. 260, cl. 3

Prohibition on rescinding contracts once signed

38

Art. II, sec. 1(c)

TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION

EXISTING CONSTITUTION

COMMENTARY

Art. II, sec. 260, cl. 3

Prohibition on amending certain contracts and salaries once hired

Art. II, sec. 4(a)

———

Not in existing constitution; implied through president’s veto power; bills presented to President

Art. II, sec. 4(b)

Art. III, sec. 320, cl. 5

President’s veto power

Art. II, sec. 4(c)

Art. II, sec. 250, cl. 7

Power of override of President’s veto

Art. II, sec. 4(d)

Art. III, sec. 320, cl. 5

Bill becomes law without President’s action five days after presentment; pocket veto

Art. II, sec. 4(e)

———

Not in present document; limits line item veto to appropriations bills

Art. II, sec. 5(a)

Art. II, sec. 610.2.C

Power of Senate to impeach

Art. II, sec. 5(b)

Art. II, sec. 250, cl. 10; Art. VI, sec. 610

Power of Senate to try impeachments; presiding officers during certain impeachment trials; vote to convict

Art. II, sec. 5(c)

Art. VI, sec. 610.1.B

Judgment limited to removal from office, disqualification to hold other office

Art. III, sec. 1

Art. III, secs. 300, 310

Establishment of executive; executive power vested in President and Vice President, elected together

Art. III, sec. 1(a)

Art. III, sec. 360

Additional qualifications for executives to hold office

39

Art. II, sec. 3(b)(2)

TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION

EXISTING CONSTITUTION

COMMENTARY

———

Not in existing constitution; requirement President receive majority vote in election

Art. III, sec. 1(c)

———

Not in existing constitution; vacancy of office of President; succession order; power of Senate to set succession order; when office of Vice President vacant, President nominates, Senate confirms

Art. III, sec. 1(d)

———

Not in existing constitution; ability of President to temporarily transfer powers and duties of presidency to Vice President

Art. III, sec. 1(e)

———

Not in existing constitution; President’s compensation may not be increased or decreased during term

Art. III, sec. 1(f)

———

Not in existing constitution; requirement President take constitutional oath

Art. III, sec. 2

Art. III, sec. 320

Powers of President

Art. III, sec. 2(a)

———

Not in existing constitution; power of President to enter into agreements; Senate’s power to regulate

Art. III, sec. 2(b)

Art. III, sec. 320, cl. 4; Art. II, sec. 250, cl. 6

Power of President to appoint; Senate’s power to confirm

Art. III, sec. 2(c)

———

Not in existing constitution; President’s recess appointment power

40

Art. III, sec. 1(b)

TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION

EXISTING CONSTITUTION

COMMENTARY

Art. III, sec. 2(d)

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Not in existing constitution; duty of President to give information on state of Association to Senate; power to recommend to them measures

Art. III, sec. 2(e)

Art. III, sec. 330, cl. 3

Duty of President to present budget to Senate

Art. VI, sec. 400.2.A

Power of President to convene Senate

Art. III, sec. 310

Duty of President to ensure laws are faithfully executed

Art. III, sec. 3

Art. VI, sec. 610.1.A

President, executive officers liable to impeachment

Art. IV, sec. 1

Art. V

Establishment of judicial branch

Art. IV, sec. 1(a)

Art. V, sec. 510, cl. 1; sec. 540

Composition of Council, terms of office

Art. IV, sec. 1(b)

Art. V, sec. 520

Qualifications to hold office

Art. IV, sec. 1(c)

Art. V, sec. 520

Requirement to be in good disciplinary standing to hold office

Art. IV, sec. 1(d)

———

Not in existing constitution; inability to hold other offices under government

Art. IV, sec. 1(e)

———

Not in existing constitution; prohibition on decreasing compensation of justices

Art. IV, sec. 2

Art. V, sec. 510, cl. 2

Powers and duties of Council

Art. IV, sec. 2(a)

———

Extent of judicial power

41

Art. III, sec. 2(f) Art. III, sec. 2(g)

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EXISTING CONSTITUTION

COMMENTARY

Art. V, sec. 510.2.B

Power of Council to adjudicate cases with constitutional questions

Art. IV, sec. 2(c)

Art. V, sec. 510.2.B

Authority of Council to interpret acts of Senate

Art. IV, sec. 2(d)

Art. V, sec. 510.2.C

Power of Council to apportion Senate when it fails to do so

Art. IV, sec. 3(a)

Art. V, sec. 560

Quorum of Council

Art. IV, sec. 3(b)

———

Vote required to render decision

Art. IV, sec. 3(c)

———

Power of Senate to establish rules

Art. IV, sec. 3(d)

Art. V, sec. 580

Requirement to follow System policies in University disciplinary proceedings

Art. IV, sec. 4

Art. V, sec. 550

Justices subject to impeachment

Art. V, sec. 1

Art. VI, sec. 600

Amendment of Constitution, procedures

Art. V, sec. 2

Art. VI, sec. 620

Recall elections, procedure

Art. V, sec. 3

Art. VI, sec. 630

Popular initiative, procedures

Art. V, sec. 4

Art. VI, sec. 630

Referenda, procedures

Art. VI

Art. VII

Implementation clause

42

Art. IV, sec. 2(b)

TABLE 3. TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION. TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION PROPOSED CONSTITUTION

COMMENTARY

Art. I, sec. 100 This Association shall be known as the Associated Students of the University of Nevada, Reno, hereafter referred to as the ASUN.

Art. I, sec. 1 This Association shall be known as the Associated Students of the University of Nevada, Reno, hereinafter referred to as the ASUN, the Associated Students, or the Association.

Official name of Association, common names

Art. I, sec. 110 The purpose of the ASUN shall be: 110.1 To provide means for responsible and effective student participation in the organization and control of student affairs; 110.2 To provide an official and representative student organization with powers to receive complaints, investigate student problems, and participate in decisions involving students; 110.3 To take action in the best interest of the student body and the university community; 110.4 To provide an official voice through which student opinion may be expressed; 110.5 To provide means whereby students may gain experience and training in responsible political participation and community leadership; and 110.6 To foster awareness of the student’s role in the campus, local, state, national and international communities.

Preamble WE, THE UNDERGRADUATE STUDENTS OF THE UNIVERSITY OF NEVADA, in order to form a more perfect association, advance our interests, set forth our duties, and provide for meaningful participation in the governance of our University, do hereby establish this Constitution for the Associated Students.

Purpose of Association

43

EXISTING CONSTITUTION

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COMMENTARY

Art. I, sec. 120 Membership in the ASUN shall be automatic for undergraduate students registered for one (1) or more credits.

Art. I, sec. 1(a) (a) MEMBERSHIP.—Membership in the Association is automatic for students registered for at least one undergraduate credit.

Definition of membership, automatic

Art. I, sec. 130 A government of the ASUN is hereby established, whose purpose shall be to represent and act for the student body. This government shall function through: 130.1 A legislative branch, 130.2 An executive branch, and 130.3 A judicial branch.

———

Redundant; establishes government with three branches

Art. I, sec. 140 All elected members of this government shall at the time of election and throughout their term be enrolled in at least seven (7) undergraduate credits and have at least a 2.50 grade point average. All appointed members of this government shall at the time of appointment and throughout their term be enrolled in at least seven (7) undergraduate credits and have at least a 2.20 grade point average.

Art. I, sec. 1(b) (b) QUALIFICATIONS TO HOLD OFFICE.—All members of the government of the Association, at the time of their election or appointment and throughout their terms, shall meet the general qualifications as follows: (1) Maintain a minimum 2.5 cumulative grade point average. (2) Be enrolled in at least seven undergraduate credits. (3) Be a student who is not under any university disciplinary probation, suspension or expulsion.

General qualifications to hold office for elected and appointed members

Art. I, sec. 150 All members of the ASUN government shall be elected in the general election on the Wednesday and Thursday on or preceding

Art. 1, sec. 1(c) (c) ELECTION AND TERMS.—A general election shall be held on the Wednesday and Thursday on or preceding March 15 and those

Date of general election; date terms of office begin

44

EXISTING CONSTITUTION

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COMMENTARY

March 15; they shall take office on the Wednesday closest to April 15.

elected shall take office on the Wednesday closest to April 15.

Art. I, sec. 160 No member of the government may hold more than one elective ASUN position at any one time.

Art. I, sec. 1(d) (d) LIMITATION ON HOLDING OFFICE.—No person shall hold more than one elected or appointed office at any one time.

Limitation on holding more than one office

Art. I, sec. 170 No senator serving on the Publications Board will be allowed to serve on the staffs of any ASUN publications.

———

Eliminated from document; prohibition on Senators serving on publications and Publications Board

Art. I, sec. 180 All meetings of the ASUN, including but not limited to the ASUN Senate, Programming Board, Grievance Board, Publications Board, and Fiscal Allocations Board, and all Senate subcommittees, will be governed by Robert’s Rules of Order, Latest Edition.

———

Parliamentary authority for bodies established under Constitution

Art. II, sec. 200 The legislative branch shall be known as the Senate of the Associated Students of the University of Nevada, Reno, hereafter referred to as the Senate.

Art. II, sec. 1 The legislative power of the Association shall be vested in a Senate of the Associated Students.

Establishment of legislative branch; Senate; official name

Art. II, secs. 210, 220 Section 210 The Senate shall be composed of not more than twenty-two (22) members of the ASUN, as follows: 210.1 One (1) member to be elected from

Art. II, sec. 1(a)–(b) (a) COMPOSITION AND TERM.—The Senate shall be composed of not more than twenty-two Senators, who shall be elected to a term of one year.

Size of Senate; apportionment of seats; requirement to apportion every two years

45

EXISTING CONSTITUTION

TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION EXISTING CONSTITUTION within each college and recognized school. 210.2 The balance apportioned among the colleges to approximate as closely as possible one (1) person, one (1) vote. Section 220 Every two (2) years, the Senate shall reestablish the number and the apportionment of the senators. This shall be done by a two thirds (2/3) vote of the Senate membership.

PROPOSED CONSTITUTION

COMMENTARY

(b) APPORTIONMENT OF SEATS.—Each college and school shall have at least one seat. Thereafter, the seats shall be apportioned among the colleges and schools proportionally according to their respective enrollment numbers. The apportionment and number shall be set by law every two years.

Art. II, sec. 1(a) (a) COMPOSITION AND TERM.—The Senate shall be composed of not more than twenty-two Senators, who shall be elected to a term of one year.

Terms of Senators, elections

Art. II, sec. 240 Senate shall by a majority vote select three (3) individuals who shall be reseated automatically to their respective boards, subject only to their reelection from their respective colleges. This shall be done no later than four (4) weeks prior to the ASUN primary election.

———

Eliminated from document; automatic reseating of Senators to boards

Art. II, sec. 250 The Senate shall have the following powers and duties:

Art. II, sec. 3(a) (a) The Senate shall have the following powers and duties:

General powers and duties of Senate

Art. II, sec. 250, cl. 1–5 250.1 To enact and amend statutes.

Art. II, sec. 3(a)(1) (1) To make all laws and regulations

Power of Senate to enact laws, endorse resolutions, to formulate policies, to make recom-

46

Art. II, sec. 230 Term of office shall be one year for members of the ASUN Senate. ASUN Senators may run for an additional term(s).

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necessary and proper for the ASUN.

COMMENTARY mendations, to issue directives

47

Statutes will here designate those laws, which implement provisions of the Constitution. 250.2 To endorse resolutions. Resolutions shall be formal expressions of opinion, will, or intent. 250.3 To formulate policies. Policies shall be defined as provisions and limitations on administrative procedure. 250.4 To make recommendations. Recommendations shall be expressions of approval, disapproval, or advice. 250.5 To issue directives. Directives shall state actions to be taken by executive officers or ASUN boards.

PROPOSED CONSTITUTION

Art. II, sec. 250, cl. 6 To approve by a two thirds (2/3) vote of the senators present all appointments of the executive officers.

Art. III, sec. 2(b) (b) The President shall nominate and appoint, provided two-thirds of the Senators present concur, justices of the Judicial Council and all other officers of the Associated Students, whose appointments shall be established by law: but the Senate may by law vest the appointment of such inferior officers in the President alone, in the Judicial Council, or in the heads of departments.

Confirmation power of Senate

Art. II, sec. 250, cl. 7 To override the ASUN President’s veto by a two thirds (2/3) vote of the members present.

Art. II, sec. 4(c) (c) RECONSIDERATION.—If, after reconsideration, two-thirds of the Senators present agree to pass the bill, it shall become a law.

Veto override power of Senate

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COMMENTARY

———

Eliminated from document; power of Senate to establish committees; this power is implied

Art. II, sec. 250, cl. 9 To grant or refuse recognition to all student organizations.

Art. II, sec. 3(a)(3) (3) To establish a policy with respect to the recognition of student organizations.

Power of Senate to recognize organizations

Art. II, sec. 250, cl. 10 To try any elected officer of the ASUN upon his/her impeachment.

Art. II, sec. 5 SEC. 5. IMPEACHMENTS. (a) The Senate shall have the power of impeachment. (b) The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. The Chief Justice shall preside over impeachments of executive officers. The Vice President shall preside over impeachments of judicial officers. No person shall be convicted without the concurrence of two-thirds of the Senators present. (c) Judgment in cases of impeachment shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the Associated Students.

Senate’s power of impeachment, to try

Art. II, sec. 250, cl. 11 To approve the appointment of an Election Board Chairperson and Election Board members.

———

Eliminated from document; power of Senate to confirm Election Board chairman and members

48

Art. II, sec. 250, cl. 8 To establish those committees necessary for its investigation and actions.

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COMMENTARY

———

Eliminated from document, redundant; power to fill vacancies not provided for in Constitution

Art. II, sec. 250, cl. 13 To appoint investigative subcommittees.

———

Eliminated from document, redundant; power of Senate to appoint investigative subcommittees

Art. II, sec. 250, cl. 14 The ASUN Senate shall be the sole judge of its own members and may discipline its members for any conduct unbecoming a member of that body. The member may be censured by a majority vote of members present and may be expelled by a two thirds (2/3) vote of those elected.

Art. II, sec. 2(c) (c) RULES AND DISCIPLINE.—The Senate may determine the rules of its proceedings and punish its members for disorderly or inappropriate behavior as it sees fit. In the instance of expulsion, the concurrence of twothirds of the Senators present is required.

Power of Senate to discipline its members; set rules of proceedings

Art. II, sec. 260 The Senate shall approve or disapprove the actions of the Grievance Board, Programming Board, Publications Board and the Fiscal Allocations Board. 260.1 Approval or disapproval of board action shall require a majority of the Senate membership. 260.2 A directive to reconsider an action or decision may not be passed until the next regular meeting of the Senate. 260.3 Disapproval may not be made of entertainment contracts, once signed, or of professional and classified contracts and

———

Eliminated from document; implied statutory authority

49

Art. II, sec. 250, cl. 12 To fill any vacancies in the ASUN government not otherwise provided for.

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COMMENTARY

salaries. Art. II, sec. 1(e) (e) OFFICERS.—The Senate shall choose its Speaker and other officers.

Power of Senate to appoint Speaker, officers.

Art. II, sec. 270, cl. 1–7 270.1 To vote to make or break a tie vote. 270.2 To serve as a voting member of the Executive Council. 270.3 To prepare the agenda for Senate. 270.4 To inform the Senate on all pertinent actions and monies spent by the ASUN during the interim periods. 270.5 To serve as a voting member of the Programming Board. 270.6 To serve as ASUN President in the incapacity of both the ASUN President the ASUN Executive Vice President, and the ASUN Vice President for Clubs and Organizations or vacancy of the aforementioned offices. 270.7 Any other duties that the ASUN shall delegate to him/her.

———

Eliminated from document; establishes office of speaker and constitutionally sets duties

Art. II, sec. 270, cl. 6 To serve as ASUN President in the incapacity of both the ASUN President the

Art. III, sec. 1(c)(1) (1) Whenever the office of President becomes vacant, the Vice President shall be-

Partially eliminated from document; established constitutional succession order for office of speaker

50

Art. II, sec. 270 The Senate at its first organizational meeting shall elect from its membership a Speaker who shall serve as presiding officer and who shall have the following powers and duties:

TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION EXISTING CONSTITUTION ASUN Executive Vice President, and the ASUN Vice President for Clubs and Organizations or vacancy of the aforementioned offices.

PROPOSED CONSTITUTION

COMMENTARY

come President. The Senate shall establish the further lawful succession order.

———

Eliminated from document; implied in rulemaking authority and discipline

Art. II, sec. 290 The Senate must have a quorum of two thirds (2/3) of its membership to conduct business.

Art. II, sec. 2(b) (b) QUORUM.—A quorum to do business is two-thirds of the membership.

Establishes quorum of Senate

Art. III, sec. 300 The executive branch of the ASUN shall consist of the following officers: 300.1 The ASUN President, 300.2 The ASUN Executive Vice President, 300.3 The Speaker of the Senate, 300.3A The Vice President for Clubs and Organizations, 300.4 The Vice President for Programming.

Art. III, sec. 1 The executive power of the Association shall be vested in a President of the Associated Students, who shall be elected together with a Vice President for a term of one year.

Establishes executive officers

Art. III, sec. 310 The executive branch shall administer the affairs of the ASUN and shall enforce all statutes enacted by the Senate.

Art. III, sec. 1; sec. 2(g) SECTION 1. The executive power of the Association shall be vested in a President of the Associated Students, who shall be elected together with a Vice President for a term of one

General duties of executive; duty to enforce laws of Senate

51

Art. II, sec. 280 Removal of the Senate President shall require a majority vote of the Senate membership.

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COMMENTARY

year. (g) The President shall take care that the laws be faithfully executed. Art. III, sec. 2 POWERS AND DUTIES OF THE PRESIDENT.

Powers and duties of President

Art. III, sec. 320, cl. 1 To act as the chief executive officer.

———

Implied power of chief executive

Art. III, sec. 320, cl. 2 To serve as the chairperson of the Fiscal Allocations Board.

———

Eliminated from document; president as chair of Fiscal Board

Art. III, sec. 320, cl. 3 To serve as the chairperson of the Executive Council and as ex officio member of all ASUN boards and committees.

———

Eliminated from document; ex-officio power of president

Art. III, sec. 320, cl. 4 To make all appointments except those specifically designated to another officer.

Art. III, sec. 2(b) (b) The President shall nominate and appoint, provided two-thirds of the Senators present concur, justices of the Judicial Council and all other officers of the Associated Students, whose appointments shall be established by law: but the Senate may by law vest the appointment of such inferior officers in the President alone, in the Judicial Council, or in the heads of departments.

Appointment powers of president

52

Art. III, sec. 320 The powers and duties of the ASUN President shall be:

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PROPOSED CONSTITUTION

Art. III, sec. 320, cl. 5 To veto any act, in part or in whole, enacted by Senate. If neither signed, nor vetoed, the act becomes effective in ten (10) days following its passage.

Art. II, sec. 4(b), (d)–(e) (b) APPROVAL; VETO.—If the President approves the bill, he shall sign it. If not, he shall return it, with his objections, to the Senate, who shall enter the objections in their records, and proceed to reconsider it.

COMMENTARY Veto power of president, limitations

Art. III, sec. 320, cl. 6 To serve as a nonvoting member of the Programming Board, Grievance Board and Publications Board.

———

53

(d) TIME LIMIT ON VETO.—If any bill shall not be returned by the President within five working days after it shall have been presented to him or her, the same shall be a law, as if he or she had signed it, unless the Senate by their adjournment prevent its return, in which case it shall not be a law. (e) LINE ITEM VETO; RECONSIDERATION.—The President may reduce or eliminate one or more items of appropriation while approving other portions of a bill. The President shall append to the bill a statement of the items reduced or eliminated with the reasons for the action. The President shall transmit to the Senate a copy of the statement and reasons. Items reduced or eliminated shall be separately reconsidered and may be passed over the President’s veto in the same manner as bills. Eliminated from document; president as nonvoting member of certain boards

TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION EXISTING CONSTITUTION

PROPOSED CONSTITUTION

COMMENTARY

———

Eliminated from document; next ranking officer is Vice President under proposed document

Art. III, sec. 330, cl. 3 To prepare a general budget for his/her term of office, which shall be presented to the Fiscal Allocations board. This budget

Art. III, sec. 2(e) (e) The President shall submit a proposed budget to the Senate.

Executive budget submittal to Senate

54

Art. III, sec. 330 The powers and duties of the ASUN Executive Vice President shall be: 330.1 To serve as the chief administrative officer of the Publications boards. 330.2 To serve as chairperson of Publications Board and to vote only to make or break a tie vote. 330.3 To prepare a general budget for his/her term of office, which shall be presented to the Fiscal Allocations board. This budget shall be printed and made available to all members of the ASUN prior to September 1. 330.4 To serve as a voting member of Executive Council. 330.5 To serve as the ASUN President in the incapacity of the ASUN President or vacancy of that office. 330.6 To monitor and report the status of all ASUN accounts to the Senate. 330.7 To review the specifications of all publications and approve the final budgets. 330.8 Any other duties that the ASUN Senate shall delegate to him/her.

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COMMENTARY

shall be printed and made available to all members of the ASUN prior to September 1. Art. III, sec. 1(c) (c) VACANCY.— (1) Whenever the office of President becomes vacant, the Vice President shall become President. The Senate shall establish the further lawful succession order. (2) Whenever there is no Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a two-thirds vote of the Senate.

Succession to office of President

Art. III, sec. 330A The powers and duties of the ASUN Vice President for Clubs and Organizations (VPCO) shall be: 330A.1 To serve as the chief administrative officer of the Clubs and organizations Board. 330A.2 To act as a liaison between the Senate and all ASUN recognized organizations. 330A.3 To serve as a voting member of the Executive Council. 330A.4 To serve as a chairperson of the Clubs and organizations Board and vote only to make or break a tie.

———

Eliminated from document; Vice President for Clubs and Organizations

55

Art. III, sec. 330, cl. 5 To serve as the ASUN President in the incapacity of the ASUN President or vacancy of that office.

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COMMENTARY

330A.5 Any other duties that the ASUN Senate shall delegate to him/her. ———

Eliminated from document; Vice President for Programming

56

Art. III, sec. 340 The powers and duties of the Vice President for Programming shall be: 340.1 To serve as the chief administrative officer of activities sponsored by the ASUN. 340.2 To serve as the chairman of the Programming Board, voting only to make or break a tie vote. 340.3 To prepare a general budget for his/her term of office, which shall be presented to the Fiscal Allocations Board. This budget shall be printed and made available to all members of the ASUN prior to September 1. 340.4 To serve as a voting member of the Executive Council. 340.5 To report to the ASUN Senate each week on matters concerning the Programming Board. 340.6 To serve as the ASUN President in the incapacity of the ASUN President, ASUN Executive Vice President, ASUN Vice President for Clubs and Organizations, and Speaker of the Senate, or the vacancy of the aforementioned officials. 340.7 To be ultimately responsible to oversee all Programming Board activities.

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COMMENTARY

340.8 To coordinate a semi-annual activities calendar, at the beginning of each semester, and shall distribute a finalized monthly calendar on the first day of each month. 340.9 Any other duties that the ASUN Senate shall delegate to him/her. Art. III, sec. 1 The executive power of the Association shall be vested in a President of the Associated Students, who shall be elected together with a Vice President for a term of one year.

Terms of office for executive officers

Art. III, sec. 360 The executive officers must have these additional qualifications: 360.1 The ASUN Speaker of the Senate shall meet the qualifications of Senator. 360.2 The ASUN Executive Vice President, ASUN Vice President for Clubs and organizations, and Vice President for Programming shall have completed at least 45 undergraduate credits upon filing for elective office. 360.3 The ASUN President shall have completed at least 60 undergraduate credits upon filing for elective office. 360.4 Membership in the ASUN for any two (2) semesters including the semester during which the election is held.

Art. III, sec. 1(a) (a) ELIGIBILITY.— (1) No person shall be eligible to be elected to the office of President who has not completed 60 undergraduate credits and been a member of the Association for two consecutive semesters. (2) No person shall be eligible for the office of the Vice President who has not completed 45 undergraduate credits and been a member of the Association for two consecutive semesters.

Additional qualifications to be eligible for executive office

57

Art. III, sec. 350 Term of office shall be one year for executive officers. Executive officers may run for an additional term(s).

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PROPOSED CONSTITUTION

COMMENTARY

———

Eliminated from document; boards and committees

Art. IV, sec. 400 There shall be an Executive Council with general powers of administration, review and recommendation. 400.1 The Council shall consist of the ASUN President, the Executive Vice President, the ASUN Vice President for Clubs and Organizations, the Speaker of the Senate, and the Vice President for Programming. 400.2 The powers and duties of the Council shall include the following: 400.2.A To call special assemblies of the ASUN. 400.2.B To recommend to the ASUN Senate the committee and board assignments of all senators in the ASUN Senate. 400.2.C All duties and powers not specifically herein delegated shall revert to the ASUN Executive Council.

———

Eliminated from document; Executive Council

Art. IV, sec. 410 The Fiscal Allocations Board shall have in its charge and control the administration of all ASUN funds to include, but not limited to, ASUN fee revenues, savings, investments and all other funds from whatever sources.

Art. II, sec. 3(a)(2) (2) To set a budget for the ASUN, but no money shall be spent from the treasury without appropriations made by law; a regular statement and account of receipts and expenditures of all public money shall

Power of Fiscal Board to control funds; power of Senate under proposed document

58

Art. IV

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COMMENTARY

be published annually at a minimum.

59

410.1 The Fiscal Allocations Board shall consist of the following voting members: One-third (1/3) of the membership of the ASUN Senate and two (2) programming board members as assigned by the Executive Council and be chaired by the ASUN President who may vote only to make or break a tie vote. The ASUN Administrative Secretary, the ASUN Executive Vice President, the ASUN Vice President for Clubs and Organizations, and the ASUN Vice President for Programming shall serve as non-voting members. 410.2 The Fiscal Allocations Board shall have the following powers and duties: 410.2.A To appropriate annual ASUN fee revenues among the four (4) major ASUN boards: Programming, Publications, Grievance, and Fiscal Allocations. 410.2.B To maintain a reserve contingency fund not to exceed five percent (5%) of the total fee revenues. 410.2.C To direct all savings and investment functions to be derived solely from non-fee revenues. 410.2.D To approve and publish an annual program budget together with publication of general program objec-

PROPOSED CONSTITUTION

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PROPOSED CONSTITUTION

COMMENTARY

Art. I, sec. 1(e) (e) COMPENSATION.—The elected members of this government shall receive a compensation to be set by law. Any increase in compensation will take effect after the next intervening general election, which shall be subject to approval by a majority vote of the

Wages of officers set before election; increase subject to vote of students

Art. IV, sec. 410.2.E To set the wages of the ASUN officers and senators at least a month before their election. Any increase shall be subject to approval by a majority vote of the students voting in the election.

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tives and a priority statement no later than the last regular school day in September. 410.2.E To set the wages of the ASUN officers and senators at least a month before their election. Any increase shall be subject to approval by a majority vote of the students voting in the election. 410.2.F To make appropriations from the contingency fund to the four (4) major ASUN boards. 410.2.G To direct the savings and investment function of the ASUN as may be necessary. 410.2.H To review bylaws for the board and to amend such bylaws by a two-thirds (2/3) vote of the board and a majority vote of the ASUN Senate. 410.3 The Fiscal Allocations Board shall formulate such policies as are necessary for the proper control and management of ASUN funds.

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students voting in the election on that question. ———

Eliminated from document; Clubs and Organizations Board

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Art. IV, secs. 420, 430 Section 420 The Clubs and Organizations Board shall consist of the following members: The ASUN Vice President for Clubs and Organizations, who shall act as chairperson and many vote only to make or break a tie vote, and one third (1/3) of the membership of Senate, as assigned by the Executive Council. Section 430 The Clubs and Organizations Board shall consist of the following voting members: the ASUN Executive Vice president, who shall act as chairperson and may vote only to make or break a tie, and onethird (1/3) of the ASUN Senate as assigned by the Executive Council. 430.1 The Clubs and Organizations Board shall have the following powers and duties: 430.1.A To serve as a principal resource or all clubs and organizations as recognized by the ASUN. 430.1.B To hear and investigate concerns and/or complaints that in any way involve a club and/or organization of the ASUN. 430.1.C To take action on complaints in the following manner: 430.1.C.1 To make official rec-

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ommendations to the ASUN Senate. 430.1.C.2 To refer concerns or complaints to the appropriate ASUN or Administrative Body. 430.1.C.3 To close its meetings whenever an individual’s personal character is brought into questions or when the case relates to the educational record as stated in the Federal Education Rights and Privacy Act (Buckley Amendment). 430.1.D To ensure compliance with the ASUN, University of Nevada and/or the organization’s national chapter policies and procedures. 430.1.E To promote and ensure interest and activity in clubs and organizations with the ASUN. 430.1.F To set and approve operating policy for clubs and organizations. 430.1.G To allocate those funds authorized by the Fiscal Allocations Board for the purpose of providing annual funding for clubs and organizations. 430.1.H To review by-laws for the board and amend such by-laws by twothirds (2/3) vote of the board and a majority vote of the Senate. 430.1.I To have any other powers and duties that the ASUN Senate shall

PROPOSED CONSTITUTION

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delegate. ———

Eliminated from document; Publications Board

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Art. IV, sec. 440 The Publications Board shall have in its charge and control the administration of all ASUN finances appropriated to it by the Fiscal Allocations Board, as well as the responsibility for the policy of all ASUN publications. 440.1 The Publications Board shall consist of the following voting members: the ASUN Executive Vice President, who shall act as chairperson and may vote only to make or break a tie vote, one-third (1/3) of the membership of the Senate, as assigned by the Executive Council, editors of the student newspaper (Sagebrush), the yearbook (Artemisia) and the arts magazine (Brushfire). Non-voting members shall be the ASUN Manager, the editors of other ASUN publications, except the Sagebrush, Artemisia and Brushfire, the managers of all ASUN publications, any faculty advisers and the ASUN Administrative Secretary. 440.2 The Publications Board shall have the following powers and duties: 440.2.A To allocate those funds authorized by the Fiscal Allocations Board for the purpose of providing those publications deemed necessary. 440.2.B To appoint the editors and

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Art. IV, sec. 450 The Programming Board shall have in its charge and control the administration of all ASUN finances appropriated to it by the Fiscal Allocations Board, as well as the responsibility for the planning, supervision and presentation of all ASUN sponsored programming. 450.1 The Programming Board shall consist of the following voting members: the Vice President for Programming, who shall serve as chairperson and vote only to make or break a tie vote; ASUN Speaker of the Senate; eight 8 student members— each of whom shall be a chairman of one of

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managers of all ASUN publications. 440.2.C To remove by a two thirds (2/3) vote of the voting membership of the Publications Board, the editor or manager of any ASUN publication. 440.2.D To review the budget of the ASUN Executive Vice President. 440.2.E To review bylaws for the board and to amend such bylaws by a two-thirds (2/3) vote of the board and a majority vote of the Senate. 440.3 The Publications Board shall formulate such policies as are necessary for the proper control of ASUN funds and the conduct of its business. ———

Eliminated Board

from

document;

Programming

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the eight (8) committees. 450.1.A Committee Chairman will be selected on the following basis: 1) candidates must meet all general requirements for all boards and committees. 2) The selection committee, composed of the outgoing Programming Board, Director of ASUN, ASUN Assistant Director, Executive Council, and two (2) Senators-at-large, shall recommend a slate of successors from the pool of applicants for each chairmanship. 3) The selection will be subject to ASUN Senate approval. 4) All chairpersons will be volunteers. 450.1.B Filing for the ASUN Programming Board shall close at 5:00 p.m. on the Friday one week after Spring Break or two weeks following the ASUN general election. 450.2 The Programming Board shall have the following powers and duties: 450.2.A To review and approve the general budget prepared by the Vice President for Programming for presentation to the Fiscal Allocations Board. This budget shall be presented annually (based on the needs of each committee) 450.2.B To review bylaws for the board and to amend such bylaws by a

PROPOSED CONSTITUTION

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two-thirds (2/3) vote of the board and a majority vote of the ASUN Senate. 450.3 The ASUN Programming Board shall formulate such policies as are necessary for the proper control of ASUN funds and the conduct of its business. Art. IV

Judicial branch

Art. IV, sec. 1 The judicial authority of the Association shall rest with a Judicial Council of the Associated Students.

Establishes judicial branch

Art. V, sec. 500, cl. 1 The Student Judicial Council

Art. IV, sec. 1 The judicial authority of the Association shall rest with a Judicial Council of the Associated Students.

Student Judicial Council, name

Art. V, sec. 500, cl. 2 Any and all Special Hearing Boards that shall be embodied by the Board of Regents of the University and Community College System of Nevada under the Disciplinary Rules and Procedures for cases of student misconduct.

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Eliminated from document; superseded by Board of Regents Handbook, Title 2, Ch. 6

Art. V, sec. 510 The Student Judicial Council shall hear and try all cases referred to its jurisdiction by a proper authority.

Art. IV, sec. 2(a) POWERS AND DUTIES OF THE COUNCIL. (a) The judicial power shall extend to— (1) all cases which shall arise under this Constitution and the laws of the Asso-

Jurisdictional authority of Council

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Art. V Art. V, sec. 500 The Judicial Branch of the ASUN shall function through:

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ciated Students; and (2) controversies among members of the Association. Art. IV, sec. 1(a) (a) COMPOSITION AND TERM.—The Council shall consist of a Chief Justice of the Associated Students and four associate justices, who shall serve terms of two years.

Composition of Council

Art. V, sec. 510, cl. 2 The Judicial Council shall have the following powers and duties:

Art. IV, sec. 2 POWERS AND DUTIES OF THE COUNCIL.

Powers and duties of Council

Art. V, sec. 510.2.A To act as the primary hearing board for student misconduct under the Disciplinary Rules and Procedures of the University of Nevada.

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Eliminated from document; superseded by Board of Regents Handbook, Title 2, Ch. 6

Art. V, sec. 510.2.B To interpret the Constitution of the ASUN and all acts of the Senate upon the request of the Executive Council or any member of the Senate or ASUN Member.

Art. IV, sec. 2(a)–(b) (a) The judicial power shall extend to— (1) all cases which shall arise under this Constitution and the laws of the Associated Students; and (2) controversies among members of the Association. (b) The Council shall adjudicate all cases where the constitutionality of an act of the

Power of Council to rule on constitutionality of acts

67

Art. V, sec. 510, cl. 1 The Council shall consist of five (5) members and such advisors and administrative representation as it shall deem necessary. 510.1.A The Chief Justice 510.1.B The Associate Chief Justice 510.1.C Three (3) Associate Justices

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Senate, the President of the Association, or any member of the Association is called into question. Art. IV, sec. 2(d) (d) The Council shall have the authority to direct the reapportionment of the Senate when that body fails to do so.

Power of Council to direct Senate’s reapportionment when Senate fails to apportion its seats

Art. V, sec. 510.2.D To rule on the validity of all ASUN elections in the case of a discrepancy.

———

Power of Council to rule on validity of elections; cases arising under laws of ASUN

Art. V, sec. 510.2.E To act as an arbitration board for any cases referred to it from any organization recognized by the ASUN.

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Eliminated from document; arbitration role of Council

Art. V, sec. 510.2.F To chair impeachment brought before the Senate.

Art. II, sec. 5(b) (b) The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. The Chief Justice shall preside over impeachments of executive officers. The Vice President shall preside over impeachments of judicial officers. No person shall be convicted without the concurrence of two-thirds of the Senators present.

Council presides over impeachments; proposed document rests this duty with Chief Justice

Art. IV, sec. 1(b) (b) QUALIFICATIONS.—No person shall be appointed a justice who has not completed 60 undergraduate credits and been a member

Qualifications for justices to hold office

hearings

Art. V, sec. 520 All justices must have at least junior standing, meet ASUN GPA requirements and be in good disciplinary standing with the uni-

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Art. V, sec. 510.2.C To direct the reapportionment of the Senate upon the failure of that body to reapportion itself.

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of the Association for two consecutive semesters.

Art. V, sec. 520, cl. 1 Chief Justice 520.1.A Presides at all meetings. 520.1.B Directs call of all meetings. 520.1.C Maintains council records. 520.1.D Must have at least one semester of Judicial Council experience.

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Eliminated from document; provides for constitutional duties of Chief Justice

Art. V, sec. 520, cl. 2–5 520.2 Associate Chief Justice will assume Chief Justice’s duties in his/her absence. The Associate Chief Justice must have at least one semester of experience. 520.3 All new justices of the Student Judicial Council should be elected by the Senate before the term of the retiring justices expires. 520.4 The Chief Justice and Associate Chief Justice shall be chosen by majority vote of the Judicial Council. 520.5 All justices and alternates shall attend at least one training session.

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Eliminated from document; duties of Associate Chief Justice; appointment of justices; selection of Chief and Associate Chief Justice

Art. V, sec. 530 The members of the Student Judicial Council shall be chosen in the following manner: 530.1 The Student Judicial Council, the ASUN President, and the Speaker of the

Art. III, sec. 2(b) (b) The President shall nominate and appoint, provided two-thirds of the Senators present concur, justices of the Judicial Council and all other officers of the Associated Students, whose appointments shall be estab-

Appointment process for justices

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versity.

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lished by law: but the Senate may by law vest the appointment of such inferior officers in the President alone, in the Judicial Council, or in the heads of departments.

Art. V, sec. 540 Tenure of office shall be two (2) years for justices.

Art. IV, sec. 1(a) (a) COMPOSITION AND TERM.—The Council shall consist of a Chief Justice of the Associated Students and four associate justices, who shall serve terms of two years.

Terms of justices

Art. V, sec. 550 Justices may be removed from office in the following manner: 550.1 The Executive Council or any member of the Senate may impeach, for cause, one or more members of the council. 550.2 The Senate may then bring the justice(s) to trial by a two thirds (2/3) vote of the membership; and 550.3 The Senate will try and remove with a three fourths (3/4) vote.

Art. IV, sec. 4 REMOVAL FROM OFFICE. (a) The justices shall be removed from office on impeachment for, and conviction of, malfeasance, failure to discharge the powers and duties of office, or other offenses.

Removal procedure of justices

Art. V, sec. 560 A quorum for disciplinary cases and appeals from the Election Board shall consist of four (4) members, and the quorum for ASUN related cases shall consist of five (5) members.

Art. IV, sec. 3(a)–(b) PROCEDURE. (a) QUORUM.—The quorum of the Council to conduct business is a majority of the membership.

Quorum of Council; number of justices to make decision

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Senate shall submit to the Senate two (2) names for each council opening. 530.2 From the nominations given them, the Senate shall elect justices by a majority vote of the Senators present. 530.3 After vacant seats are filled, the candidates with the next two highest votes will be named alternates.

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A quorum must be present before a case can be heard.

(b) DECISIONS.—The concurrence of three justices is required to issue any decision of the Council.

Art. V, sec. 570 The Chief Justice shall submit a written report each month of the disposition of cases handled during the preceding month to the Senate.

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Eliminated from document; requirement of Chief Justice to report on cases to Senate

Art. V, sec. 580 All disciplinary cases shall follow the procedure of Chapter VI, University and Community College System of Nevada Code. All other cases shall, whenever applicable, follow the procedure of the Division Hearing Committee as outlined in that chapter.

Art. IV, sec. 3(d) (d) UNIVERSITY DISCIPLINARY PROCEEDINGS.—The Council shall follow the applicable provisions of the Nevada System of Higher Education Code with respect to University disciplinary proceedings.

Requirement to follow NSHE Code in hearing disciplinary cases under university jurisdiction

Art. VI, sec. 600 Amendment of this constitution shall require the following procedure: 600.1 Proposal by a two thirds (2/3) vote of the Senate membership, or 600.2 Proposal by a petition signed by ten percent (10%) of the ASUN membership, with at least one percent (1%) of the signatures from each college; and 600.3 Approval by a two thirds (2/3) affirmative vote of those voting in the ASUN general election. 600.4 Approval by the University and Community College System of Nevada

Art. V, sec. 1 AMENDMENT. (a) The Senate, whenever two-thirds shall deem it necessary, shall propose amendments to this Constitution, or, on the petition of 10 percent of the membership of the Association, shall place an amendment on the ballot. (b) In either case, an amendment shall be valid as part of this Constitution when ratified by two-thirds of the students voting on the question in an election and when assented to by the Board of Regents of the Nevada System of Higher Education.

Constitutional amendment, procedures

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EXISTING CONSTITUTION

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Board of Regents. Art. II, sec. 5 IMPEACHMENTS. (a) The Senate shall have the power of impeachment. (b) The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. The Chief Justice shall preside over impeachments of executive officers. The Vice President shall preside over impeachments of judicial officers. No person shall be convicted without the concurrence of two-thirds of the Senators present. (b) Judgment in cases of impeachment shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the Associated Students.

Impeachment, procedure

72

Art. VI, sec. 610 Impeachment 610.1 Definition 610.1.A Any ASUN officer or senator shall be liable to impeachment for malfeasance in office. 610.1.B Judgment shall be limited to removal from office and disqualification to hold any other ASUN office. 610.2 Procedures 610.2.A Document proof or supported allegations of malfeasance may be presented to, or realized by (in the case of excessive unexcused absences) the Executive Council for review. 610.2.B Upon cause, the Executive Council must act upon charges and refer the case to the Senate Rules and Action Committee for any evidentiary hearing. 610.2.C Upon hearing from the accused and the accuser(s), the Senate Rules and Actions Committee shall either dismiss the case or present it to the Senate, which may impeach the accused by a two thirds (2/3) vote. 610.3 Hearing 610.3.A The Chief Justice and the ASUN Judicial Council will chair the

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impeachment hearings before the Senate. 610.3.B The accused and the accuser(s) shall be allowed to present their case. 610.3.C The accused will be removed from office by a three fourths (3/4) vote of the Senate membership. Art. V, sec. 2 RECALL ELECTIONS. (a) All elected members of this government are subject to recall from office by election, but no person shall be recalled from office without first serving two months. (b) PROCEDURES.— (1) A petition of half of the number of students who voted in the previous election of the officer or senator to be recalled is required to order a recall election. (2) If the petition qualifies, a special election shall be held within three weeks. (3) The concurrence of a majority of the students voting in the election shall be required to recall an officer or senator. (4) A vacancy created by recall shall be filled by special election within two weeks of the recall.

Recall election, procedure

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Art. VI, sec. 620 Recall 620.1 Definition 620.1.A All the ASUN officers or senators are subject to recall by members of the ASUN. 620.1.B No officer or senator may be subject to recall before he/she has held office for two (2) months. 620.2 Procedures—College Senators 620.2.A A petition with the signatures of fifty percent (50%) of the college members that voted in the previous election in the college of the senator in question must be presented to the ASUN Judicial Council for verification. 620.2.B Upon verification, ASUN will hold a special election within three (3) weeks from the date the petition was submitted to the Judicial Council. 620.2.C The reasons for recall as

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stated on the petition shall be printed on the ballot. 620.2.D Recall shall require a two thirds (2/3) vote of the total number of students who signed the recall petition. 620.2.E If a senator is recalled then primary and general elections as needed shall be held within two (2) weeks and solely within the membership of that college. 620.3 Procedures—Officers Elected At Large 620.3.A A petition with the signatures of fifty percent (50%) of the ASUN members that voted in the previous election must be presented to the ASUN Judicial Council for verification. 620.3.B Upon verification, ASUN will hold a special election within three (3) weeks from the date the petition was submitted to the Judicial Council. 620.3.C The reasons for recall as stated on the petition shall be printed on the ballot. 620.3.D Recall shall require a two thirds (2/3) vote of the total number of students who signed the recall petition. 620.3.E If an at large officer is recalled, then primary and general elections as needed shall be held within two (2) weeks with the ASUN voting at

PROPOSED CONSTITUTION

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large. 620.3.F At large shall mean any ASUN elective officer whose constituency comes from more than one (l) university college. Art. V, sec. 3–4 SEC. 3 INITIATIVE. (a) Any item of enactment may be put to a vote of the students by petition. No measure repealing a prior action shall be done by initiative. (b) PROCEDURES.— (1) A petition of half of the number of the students who turned out to the polls at the general election shall be required to place an item of enactment on the ballot. (2) A measure that qualifies shall be placed before the students in the next general election. (3) A majority of the students voting on the question shall be required for its adoption. SEC. 4. REFERENDA. (a) A referendum shall be used to repeal any item of enactment of the Senate. (b) PROCEDURES.— (1) A petition of half of the number of the students who turned out to the polls at the general election shall be required to place an item of enactment on the ballot.

Procedure for initiative and referenda

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Art. VI, sec. 630 Initiative and Referendum 630.1 Any statute, resolution or enactment may be put to a vote of the student body. 630.2 Procedures 630.2.A A petition with the signatures of fifty percent (50%) of the total number of ASUN members that voted in the previous election must be presented to the Judicial Council for verification. 630.2.B Upon verification ASUN shall be charged with the duty of submission of the question to the voters at the next succeeding election. 630.2.C Approval shall require a two thirds (2/3) vote of the total number of students who signed the initiative/referendum petition.

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(2) A measure that qualifies shall be placed before the students in the next general election. (3) A majority of the students voting on the question shall be required for its adoption. Art. I, sec. 3 FISCAL PROCEDURES. (a) The ASUN shall follow System and University fiscal policies when expending student government fees collected by the Board of Regents and the revenue generated therefrom.

Fiscal procedures required by Board of Regents

Art. VII, sec. 700 This constitution, upon its approval by the ASUN and the Board of Regents of the University and Community College System of Nevada, effective April, 1990, shall supersede the constitution of the ASUN, with all its amendments.

Art. VI, sec. 1 This Constitution, upon its approval by the Associated Students, in general election, and the Board of Regents of the Nevada System of Higher Education, shall supersede the current constitution with all its amendments.

Implementation clause

76

Art. VI, sec. 640 Fiscal Procedures 640.1 ASUN shall follow System and University fiscal policies when expending student government fees collected by the Board of Regents and the revenue generated therefrom.

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Preamble WE, THE UNDERGRADUATE STUDENTS OF THE UNIVERSITY OF NEVADA, in order to form a more perfect association, advance our interests, set forth our duties, and provide for meaningful participation in the governance of our University, do hereby establish this Constitution for the Associated Students.

Art. I, sec. 110 The purpose of the ASUN shall be: 110.1 To provide means for responsible and effective student participation in the organization and control of student affairs; 110.2 To provide an official and representative student organization with powers to receive complaints, investigate student problems, and participate in decisions involving students; 110.3 To take action in the best interest of the student body and the university community; 110.4 To provide an official voice through which student opinion may be expressed; 110.5 To provide means whereby students may gain experience and training in responsible political participation and community leadership; and 110.6 To foster awareness of the student’s role in the campus, local, state, national and international communities.

Purpose of Association; establishment of government through constitution

Art. I, sec. 1 This Association shall be known as the Associated Students of the University of Nevada, Reno, hereinafter referred to as the ASUN,

Art. I, sec. 100 This Association shall be known as the Associated Students of the University of Nevada, Reno, hereafter referred to as the

Official name of Association, common names

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PROPOSED CONSTITUTION

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ASUN.

Art. I, sec. 1(a) (a) MEMBERSHIP.—Membership in the Association is automatic for students registered for at least one undergraduate credit.

Art. I, sec. 120 Membership in the ASUN shall be automatic for undergraduate students registered for one (1) or more credits.

Definition of membership, automatic

Art. I, sec. 1(b) (b) QUALIFICATIONS TO HOLD OFFICE.—All members of the government of the Association, at the time of their election or appointment and throughout their terms, shall meet the general qualifications as follows: (1) Maintain a minimum 2.5 cumulative grade point average. (2) Be enrolled in at least seven undergraduate credits. (3) Be a student who is not under any university disciplinary probation, suspension or expulsion.

Art. I, sec. 140 All elected members of this government shall at the time of election and throughout their term be enrolled in at least seven (7) undergraduate credits and have at least a 2.50 grade point average. All appointed members of this government shall at the time of appointment and throughout their term be enrolled in at least seven (7) undergraduate credits and have at least a 2.20 grade point average.

General qualifications to hold office for elected and appointed members

Art. 1, sec. 1(c) (c) ELECTION AND TERMS.—A general election shall be held on the Wednesday and Thursday on or preceding March 15 and those elected shall take office on the Wednesday closest to April 15.

Art. I, sec. 150 All members of the ASUN government shall be elected in the general election on the Wednesday and Thursday on or preceding March 15; they shall take office on the Wednesday closest to April 15.

Date of general election; date terms of office begin

Art. I, sec. 1(d) (d) LIMITATION ON HOLDING OFFICE.—No person shall hold more than one

Art. I, sec. 160 No member of the government may hold more than one elective ASUN position at any

Limitation on holding more than one office

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the Associated Students, or the Association.

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one time.

Art. I, sec. 1(e) (e) COMPENSATION.—The elected members of this government shall receive a compensation to be set by law. Any increase in compensation will take effect after the next intervening general election, which shall be subject to approval by a majority vote of the students voting in the election on that question.

Art. IV, sec. 410.2.E To set the wages of the ASUN officers and senators at least a month before their election. Any increase shall be subject to approval by a majority vote of the students voting in the election.

Elected officials to receive compensation; limitation on increases; subject to voter approval

Art. I. sec. 2 (a) The Senators and members of the executive and judiciary of this government, before entering into office, shall take an oath to support this Constitution.

———

Not in existing constitution; requirement to take oath to support constitution before taking office

Art. I, sec. 3 FISCAL PROCEDURES. (a) The ASUN shall follow System and University fiscal policies when expending student government fees collected by the Board of Regents and the revenue generated therefrom.

Art. VI, sec. 640 Fiscal Procedures 640.1 ASUN shall follow System and University fiscal policies when expending student government fees collected by the Board of Regents and the revenue generated therefrom.

Requirement to follow System and University policies on fiscal matters

Art. II, sec. 1 The legislative power of the Association shall be vested in a Senate of the Associated Students.

Art. II, sec. 200 The legislative branch shall be known as the Senate of the Associated Students of the University of Nevada, Reno, hereafter referred to as the Senate.

Establishment of legislative branch, Senate

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elected or appointed office at any one time.

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Art. II, sec. 1(a) (a) COMPOSITION AND TERM.—The Senate shall be composed of not more than twenty-two Senators, who shall be elected to a term of one year.

Art. II, secs. 210, 230 Section 210 The Senate shall be composed of not more than twenty-two (22) members of the ASUN, as follows:

Art. II, sec. 1(b) (b) APPORTIONMENT OF SEATS.— Each college and school shall have at least one seat. Thereafter, the seats shall be apportioned among the colleges and schools proportionally according to their respective enrollment numbers. The apportionment and number shall be set by law every two years.

Art. II, sec. 220 Every two (2) years, the Senate shall reestablish the number and the apportionment of the senators. This shall be done by a two thirds (2/3) vote of the Senate membership.

Size of Senate; one-year terms

Section 230 Term of office shall be one year for members of the ASUN Senate. ASUN Senators may run for an additional term(s). Apportionment of seats by population

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Art. II, sec. 1(c) (c) QUALIFICATIONS.—No person shall be eligible to be elected to the Senate who is not a member of the college or school from which that person is elected. Art. II, sec. 1(d) (d) VACANCIES.—When vacancies occur in the Senate, those seats shall be filled as the Senate by law provides. When one-third of the Senate is vacant, the Senate shall fill such vacancies by special election, to be held as the Senate by law provides.

COMMENTARY

Requirement to be in college from which member is elected

Art. II, sec. 250, cl. 12 To fill any vacancies in the ASUN government not otherwise provided for.

Power of Senate to fill vacancies; requirement to hold special elections when 1/3 of Senate is vacant

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Art. II, sec. 1(e) (e) OFFICERS.—The Senate shall choose its Speaker and other officers.

Art. II, sec. 270 The Senate at its first organizational meeting shall elect from its membership a Speaker who shall serve as presiding officer and who shall have the following powers and duties:

Power of Senate to choose Speaker, other officers

Art. II, sec. 2(a) (a) The Senate shall be the judge of the elections, returns and qualifications of its own members.

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Not in present document; power of Senate to seat members, judge its elections

Art. II, sec. 2(b) (b) QUORUM.—A quorum to do business is two-thirds of the membership.

Art. II, sec. 290 The Senate must have a quorum of two thirds (2/3) of its membership to conduct business.

Quorum of Senate is two-thirds of membership

Art. II, sec. 2(c) (c) RULES AND DISCIPLINE.—The Senate may determine the rules of its proceedings and punish its members for disorderly or inappropriate behavior as it sees fit. In the instance of expulsion, the concurrence of twothirds of the Senators present is required.

Art. II, sec. 250, cl. 14 The ASUN Senate shall be the sole judge of its own members and may discipline its members for any conduct unbecoming a member of that body. The member may be censured by a majority vote of members present and may be expelled by a two thirds (2/3) vote of those elected.

Power of Senate to establish rules; to punish its members; expulsion requires two-thirds vote

Art. II, sec. 3 POWERS, DUTIES AND LIMITATIONS OF THE SENATE. (a) The Senate shall have the following powers and duties:

Art. II, sec. 250 The Senate shall have the following powers and duties:

Powers of the Senate

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Art. II, sec. 3(a)(1) (1) To make all laws and regulations necessary and proper for the ASUN.

Art. II, sec. 250, cl. 1–5 250.1 To enact and amend statutes. Statutes will here designate those laws, which implement provisions of the Constitution. 250.2 To endorse resolutions. Resolutions shall be formal expressions of opinion, will, or intent. 250.3 To formulate policies. Policies shall be defined as provisions and limitations on administrative procedure. 250.4 To make recommendations. Recommendations shall be expressions of approval, disapproval, or advice. 250.5 To issue directives. Directives shall state actions to be taken by executive officers or ASUN boards.

Power of the Senate to enact laws

Art. II, sec. 3(a)(2) (2) To set a budget for the ASUN, but no money shall be spent from the treasury without appropriations made by law; a regular statement and account of receipts and expenditures of all public money shall be published annually at a minimum.

Art. IV, sec. 410 The Fiscal Allocations Board shall have in its charge and control the administration of all ASUN funds to include, but not limited to, ASUN fee revenues, savings, investments and all other funds from whatever sources.

Senate’s power of the purse; requirement to publish a statement of revenues and expenditures

Art. II, sec. 3(a)(3) (3) To establish a policy with respect to the recognition of student organizations.

Art. II, sec. 250, cl. 9 To grant or refuse recognition to all student organizations.

Power of Senate to recognize organizations; to set policy related thereto

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Art. II, sec. 3(b) (b) The Senate shall not do the following: (1) Rescind contracts, once signed. (2) Disapprove the salaries and contracts of classified and professional staff.

Art. II, sec. 260, cl. 3 Disapproval may not be made of entertainment contracts, once signed, or of professional and classified contracts and salaries.

Limitations of Senate’s powers; inability to rescind signed contracts; inability to adjust certain salaries

Art. II, sec. 4(a) (a) PRESENTMENT TO PRESIDENT.— Every bill which shall have passed the Senate shall, before it becomes a law, be presented to the President of the Associated Students.

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Not in existing constitution; requirement to present President with bills for action

Art. II, sec. 4(b) (b) APPROVAL; VETO.—If the President approves the bill, he shall sign it. If not, he shall return it, with his objections, to the Senate, who shall enter the objections in their records, and proceed to reconsider it.

Art. III, sec. 320, cl. 5 To veto any act, in part or in whole, enacted by Senate. If neither signed, nor vetoed, the act becomes effective in ten (10) days following its passage.

Power of President to veto; requirement that Senate enter President’s objections in its records

Art. II, sec. 4(c) (c) RECONSIDERATION.—If, after reconsideration, two-thirds of the Senators present agree to pass the bill, it shall become a law.

Art. II, sec. 250, cl. 7 To override the ASUN President’s veto by a two thirds (2/3) vote of the members present.

Power of Senate to override President’s veto

Art. II, sec. 4(d) (d) TIME LIMIT ON VETO.—If any bill shall not be returned by the President within five working days after it shall have been presented to him or her, the same shall be a law, as if he or she had signed it, unless the Senate by their adjournment prevent its re-

Art. III, sec. 320, cl. 5 To veto any act, in part or in whole, enacted by Senate. If neither signed, nor vetoed, the act becomes effective in ten (10) days following its passage.

Time limit on veto; pocket veto; bill becomes law without action

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turn, in which case it shall not be a law. ———

Not in existing constitution; president’s line item veto power; limitations; Senate reconsideration; President has unqualified veto authority in present document

Art. II, sec. 5(a) (a) The Senate shall have the power of impeachment.

Art. II, sec. 610.2.C Upon hearing from the accused and the accuser(s), the Senate Rules and Actions Committee shall either dismiss the case or present it to the Senate, which may impeach the accused by a two thirds (2/3) vote.

Power of the Senate to impeach

Art. II, sec. 5(b) (b) The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. The Chief Justice shall preside over impeachments of executive officers. The Vice President shall

Art. II, sec. 250, cl. 10 To try any elected officer of the ASUN upon his/her impeachment.

Power of Senate to try impeachments; Senators sit as jurors; presiding officers; conviction requires two-thirds vote

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Art. II, sec. 4(e) (e) LINE ITEM VETO; RECONSIDERATION.—The President may reduce or eliminate one or more items of appropriation while approving other portions of a bill. The President shall append to the bill a statement of the items reduced or eliminated with the reasons for the action. The President shall transmit to the Senate a copy of the statement and reasons. Items reduced or eliminated shall be separately reconsidered and may be passed over the President’s veto in the same manner as bills.

Art. II, sec. 610 (various clauses) 610.2.C Upon hearing from the ac-

TABLE SHOWING DISPOSITION OF TEXT OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION preside over impeachments of judicial officers. No person shall be convicted without the concurrence of two-thirds of the Senators present.

EXISTING CONSTITUTION

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cused and the accuser(s), the Senate Rules and Actions Committee shall either dismiss the case or present it to the Senate, which may impeach the accused by a two thirds (2/3) vote. 610.3 Hearing 610.3.A The Chief Justice and the ASUN Judicial Council will chair the impeachment hearings before the Senate. Art. II, sec. 610.1.B Judgment shall be limited to removal from office and disqualification to hold any other ASUN office.

Extent of judgment in impeachments; prohibition to hold office under ASUN

Art. III, sec. 1 The executive power of the Association shall be vested in a President of the Associated Students, who shall be elected together with a Vice President for a term of one year.

Art. III, sec. 300 The executive branch of the ASUN shall consist of the following officers: 300.1 The ASUN President, 300.2 The ASUN Executive Vice President, 300.3 The Speaker of the Senate, 300.3A The Vice President for Clubs and Organizations, 300.4 The Vice President for Programming.

Executive power vested in President and Vice President; elected together for one-year terms

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Art. II, sec. 5(c) (c) Judgment in cases of impeachment shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the Associated Students.

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Art. III, sec. 1(a) (a) ELIGIBILITY.— (1) No person shall be eligible to be elected to the office of President who has not completed 60 undergraduate credits and been a member of the Association for two consecutive semesters. (2) No person shall be eligible for the office of the Vice President who has not completed 45 undergraduate credits and been a member of the Association for two consecutive semesters.

Art. III, sec. 360 The executive officers must have these additional qualifications: 360.1 The ASUN Speaker of the Senate shall meet the qualifications of Senator. 360.2 The ASUN Executive Vice President, ASUN Vice President for Clubs and organizations, and Vice President for Programming shall have completed at least 45 undergraduate credits upon filing for elective office. 360.3 The ASUN President shall have completed at least 60 undergraduate credits upon filing for elective office. 360.4 Membership in the ASUN for any two (2) semesters including the semester during which the election is held.

Requirements for executives to hold office

Art. III, sec. 1(b) (b) ELECTION; TERM OF OFFICE.— The President and Vice President shall be elected by a majority of the students voting in the election.

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Not in existing constitution; resident elected by majority vote

Art. III, sec. 1(c) (c) VACANCY.— (1) Whenever the office of President becomes vacant, the Vice President shall become President. The Senate shall establish the further lawful succession order. (2) Whenever there is no Vice Presi-

Art. III, sec. 330, cl. 5 To serve as the ASUN President in the incapacity of the ASUN President or vacancy of that office.

Line of succession; Senate sets further succession order; when vice presidency vacancy, President nominates replacement; Senate confirmation

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dent, the President shall nominate a Vice President who shall take office upon confirmation by a two-thirds vote of the Senate. ———

Not in existing constitution; power of President to temporarily transfer power to Vice President

Art. III, sec. 1(e) (e) COMPENSATION.—The President’s compensation shall not be increased or decreased during his or her term.

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Not in existing constitution; prohibition on increasing or decreasing President’s compensation during term

Art. III, sec. 1(f) (f) OATH OF OFFICE.—Before entering into office, the President shall take the following oath or affirmation: “I, AB, do solemnly swear (or affirm) that I will faithfully execute the office of President, and will to be best of my ability preserve and protect the Constitution of the Associated Students of the University of Nevada.”

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Requirement of President to take constitutional oath before entering office

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Art. III, sec. 1(d) (d) DECLARATION OF DISABILITY BY PRESIDENT.—The President may transmit to the Speaker of the Senate a written declaration that he or she is unable to perform the powers and duties of the office. Until the President transmits a written declaration to the contrary, such powers and duties shall be executed by the Vice President as Acting President.

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Art. III, sec. 2 POWERS AND DUTIES OF THE PRESIDENT.

Art. III, sec. 320 The powers and duties of the ASUN President shall be:

Powers and duties of President

Art. III, sec. 2(a) (a) The President shall have the power to enter into agreements on behalf of the Associated Students as the Senate may by law provide.

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Not in existing constitution; power of Senate to enter into agreements; Senate’s power to regulate

Art. III, sec. 2(b) (b) The President shall nominate and appoint, provided two-thirds of the Senators present concur, justices of the Judicial Council and all other officers of the Associated Students, whose appointments shall be established by law: but the Senate may by law vest the appointment of such inferior officers in the President alone, in the Judicial Council, or in the heads of departments.

Art. III, sec. 320, cl. 4 To make all appointments except those specifically designated to another officer.

President’s appointment power; Senate’s power of confirmation

Art. III, sec. 2(c) (c) The President shall fill vacancies that occur during the recess of the Senate by granting commissions which shall expire once the Senate reconvenes.

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President’s recess appointment power; terms end when Senate reconvenes

Art. III, sec. 2(d) (d) The President shall give to the Senate information of the state of the Association, and recommend to their consideration such measures as he or she shall judge necessary

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Duty of President to give to Senate information on state of ASUN; power of President to propose measures to Senate

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Art. III, sec. 2(e) (e) The President shall submit a proposed budget to the Senate.

Art. III, sec. 330, cl. 3 To prepare a general budget for his/her term of office, which shall be presented to the Fiscal Allocations board. This budget shall be printed and made available to all members of the ASUN prior to September 1.

Duty of President to submit budget to Senate; duty of Executive Vice President under current constitution

Art. III, sec. 2(f) (f) The President may convene the Senate on extraordinary occasions.

Art. III, sec. 400.2.A To call special assemblies of the ASUN.

Power of President to convene Senate

Art. III, sec. 2(g) (g) The President shall take care that the laws be faithfully executed.

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Duty that President ensure laws are faithfully executed

Art. III, sec. 3 REMOVAL FROM OFFICE. (a) The President, Vice President and all other executive officers of the Associated Students shall be removed from office on impeachment for, and conviction of, malfeasance, failure to discharge the powers and duties of office, or other offenses.

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President liable to impeachment for certain offenses

Art. IV, sec. 1 The judicial authority of the Association shall rest with a Judicial Council of the Associated Students.

Art. V, sec. 500 The Judicial Branch of the ASUN shall function through: 500.1 The Student Judicial Council

Establishment Council

and expedient.

judicial

branch;

Judicial

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of

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Art. IV, sec. 1(a) (a) COMPOSITION AND TERM.—The Council shall consist of a Chief Justice of the Associated Students and four associate justices, who shall serve terms of two years.

Art. V, sec. 510, cl. 1 The Council shall consist of five (5) members and such advisors and administrative representation as it shall deem necessary. 510.1.A The Chief Justice 510.1.B The Associate Chief Justice 510.1.C Three (3) Associate Justices

Composition of Council; two-year terms

Art. IV, sec. 1(b) (b) QUALIFICATIONS.—No person shall be appointed a justice who has not completed 60 undergraduate credits and been a member of the Association for two consecutive semesters.

Art. V, sec. 520 All justices must have at least junior standing, meet ASUN GPA requirements and be in good disciplinary standing with the university.

Qualifications to hold office

Art. IV, sec. 1(c) (c) REQUIREMENT OF GOOD STANDING.—A justice may not continue to serve in office who is not in good disciplinary standing with the University.

Art. V, sec. 520 All justices must have at least junior standing, meet ASUN GPA requirements and be in good disciplinary standing with the university.

Requirement that justices be in good University disciplinary standing

Art. IV, sec. 1(d) (d) PROHIBITION ON HOLDING OTHER OFFICE.—No person may be concurrently a member of the Council and a member of any other branch of government. No person may be an employee under the authority of the Associated Students.

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Not in existing constitution; prohibition on holding other office

Art. IV, sec. 1(e) (e) COMPENSATION.—Justices

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Justices to receive compensation, which cannot be decreased during their terms

shall

COMMENTARY

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Art. IV, sec. 2(a) (a) The judicial power shall extend to— (1) all cases which shall arise under this Constitution and the laws of the Associated Students; and (2) controversies among members of the Association.

Art. V, sec. 510.2.B To interpret the Constitution of the ASUN and all acts of the Senate upon the request of the Executive Council or any member of the Senate or ASUN Member.

Extent of judicial power; cases under Constitution and laws, controversies among members

Art. IV, sec. 2(b) (b) The Council shall adjudicate all cases where the constitutionality of an act of the Senate, the President of the Association, or any member of the Association is called into question.

Art. V, sec. 510.2.B To interpret the Constitution of the ASUN and all acts of the Senate upon the request of the Executive Council or any member of the Senate or ASUN Member.

Power of Council to adjudicate cases presenting constitutional questions

Art. IV, sec. 2(c) (c) The Council shall have the authority to interpret acts of the Senate.

Art. V, sec. 510.2.B To interpret the Constitution of the ASUN and all acts of the Senate upon the request of the Executive Council or any member of the Senate or ASUN Member.

Power of Council to interpret acts of Senate

Art. IV, sec. 2(d) (d) The Council shall have the authority to direct the reapportionment of the Senate when that body fails to do so.

Art. V, sec. 510.2.C To direct the reapportionment of the Senate upon the failure of that body to reapportion itself.

Power of Council to apportion Senate when it fails to do so

receive a compensation for their services, which shall not be decreased during their continuation in office.

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Art. IV, sec. 3(a) (a) QUORUM.—The quorum of the Council to conduct business is a majority of the membership.

Art. V, sec. 560 A quorum for disciplinary cases and appeals from the Election Board shall consist of four (4) members, and the quorum for ASUN related cases shall consist of five (5) members. A quorum must be present before a case can be heard.

Quorum of Council; majority of membership

Art. IV, sec. 3(b) (b) DECISIONS.—The concurrence of three justices is required to issue any decision of the Council.

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Requirement that three justices concur to render decision

Art. IV, sec. 3(c) (c) The Senate may by law establish such rules and procedures necessary for the operation of the Council, but may delegate such rulemaking authority to the Council.

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Power of Senate to establish rules relating to the Council

Art. IV, sec. 3(d) (d) UNIVERSITY DISCIPLINARY PROCEEDINGS.—The Council shall follow the applicable provisions of the Nevada System of Higher Education Code with respect to University disciplinary proceedings.

Art. V, sec. 580 All disciplinary cases shall follow the procedure of Chapter VI, University and Community College System of Nevada Code. All other cases shall, whenever applicable, follow the procedure of the Division Hearing Committee as outlined in that chapter.

Requirement that System Code followed when Council hears University disciplinary matters

Art. IV, sec. 4 REMOVAL FROM OFFICE. (a) The justices shall be removed from office on impeachment for, and conviction of, malfeasance, failure to discharge the powers

Art. V, sec. 550 Justices may be removed from office in the following manner: 550.1 The Executive Council or any member of the Senate may impeach, for

Justices liable to impeachment for certain offenses

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cause, one or more members of the council. 550.2 The Senate may then bring the justice(s) to trial by a two thirds (2/3) vote of the membership; and 550.3 The Senate will try and remove with a three fourths (3/4) vote. Art. VI, sec. 600 Amendment of this constitution shall require the following procedure: 600.1 Proposal by a two thirds (2/3) vote of the Senate membership, or 600.2 Proposal by a petition signed by ten percent (10%) of the ASUN membership, with at least one percent (1%) of the signatures from each college; and 600.3 Approval by a two thirds (2/3) affirmative vote of those voting in the ASUN general election. 600.4 Approval by the University and Community College System of Nevada Board of Regents.

Constitutional amendment, procedure

Art. V, sec. 2 RECALL ELECTIONS. (a) All elected members of this government are subject to recall from office by election, but no person shall be recalled from office without first serving two months. (b) PROCEDURES.— (1) A petition of half of the number of

Art. VI, sec. 620 Recall 620.1 Definition 620.1.A All the ASUN officers or senators are subject to recall by members of the ASUN. 620.1.B No officer or senator may be subject to recall before he/she has held

Recall election, procedure

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Art. V, sec. 1 AMENDMENT. (a) The Senate, whenever two-thirds shall deem it necessary, shall propose amendments to this Constitution, or, on the petition of 10 percent of the membership of the Association, shall place an amendment on the ballot. (b) In either case, an amendment shall be valid as part of this Constitution when ratified by two-thirds of the students voting on the question in an election and when assented to by the Board of Regents of the Nevada System of Higher Education.

TABLE SHOWING DISPOSITION OF TEXT OF PROPOSED CONSTITUTION PROPOSED CONSTITUTION students who voted in the previous election of the officer or senator to be recalled is required to order a recall election. (2) If the petition qualifies, a special election shall be held within three weeks. (3) The concurrence of a majority of the students voting in the election shall be required to recall an officer or senator. (4) A vacancy created by recall shall be filled by special election within two weeks of the recall.

EXISTING CONSTITUTION

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office for two (2) months. 620.2 Procedures—College Senators 620.2.A A petition with the signatures of fifty percent (50%) of the college members that voted in the previous election in the college of the senator in question must be presented to the ASUN Judicial Council for verification. 620.2.B Upon verification, ASUN will hold a special election within three (3) weeks from the date the petition was submitted to the Judicial Council. 620.2.C The reasons for recall as stated on the petition shall be printed on the ballot. 620.2.D Recall shall require a two thirds (2/3) vote of the total number of students who signed the recall petition. 620.2.E If a senator is recalled then primary and general elections as needed shall be held within two (2) weeks and solely within the membership of that college. 620.3 Procedures—Officers Elected At Large 620.3.A A petition with the signatures of fifty percent (50%) of the ASUN members that voted in the previous election must be presented to the ASUN Judicial Council for verification.

COMMENTARY

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Art. V, secs. 3–4 SEC. 3 INITIATIVE. (a) Any item of enactment may be put to a vote of the students by petition. No measure repealing a prior action shall be done by initiative. (b) PROCEDURES.— (1) A petition of half of the number of the students who turned out to the polls at the general election shall be required to place an item of enactment on the ballot.

Art. VI, sec. 630 Initiative and Referendum 630.1 Any statute, resolution or enactment may be put to a vote of the student body. 630.2 Procedures 630.2.A A petition with the signatures of fifty percent (50%) of the total number of ASUN members that voted in the previous election must be presented to the Judicial Council for verification.

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620.3.B Upon verification, ASUN will hold a special election within three (3) weeks from the date the petition was submitted to the Judicial Council. 620.3.C The reasons for recall as stated on the petition shall be printed on the ballot. 620.3.D Recall shall require a two thirds (2/3) vote of the total number of students who signed the recall petition. 620.3.E If an at large officer is recalled, then primary and general elections as needed shall be held within two (2) weeks with the ASUN voting at large. 620.3.F At large shall mean any ASUN elective officer whose constituency comes from more than one (l) university college. Popular initiative and referenda, procedures

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EXISTING CONSTITUTION 630.2.B Upon verification ASUN shall be charged with the duty of submission of the question to the voters at the next succeeding election. 630.2.C Approval shall require a two thirds (2/3) vote of the total number of students who signed the initiative/referendum petition.

Art. VI, sec. 1 This Constitution, upon its approval by the Associated Students, in general election, and the Board of Regents of the Nevada System of Higher Education, shall supersede the current constitution with all its amendments.

Art. VII, sec. 700 This constitution, upon its approval by the ASUN and the Board of Regents of the University and Community College System of Nevada, effective April, 1990, shall supersede the constitution of the ASUN, with all its amendments.

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(2) A measure that qualifies shall be placed before the students in the next general election. (3) A majority of the students voting on the question shall be required for its adoption. SEC. 4. REFERENDA. (a) A referendum shall be used to repeal any item of enactment of the Senate. (b) PROCEDURES.— (1) A petition of half of the number of the students who turned out to the polls at the general election shall be required to place an item of enactment on the ballot. (2) A measure that qualifies shall be placed before the students in the next general election. (3) A majority of the students voting on the question shall be required for its adoption.

COMMENTARY

Implementation clause