Specimen Certificate To Unr President On Asun Constitutional Amendment, 2008

COMMISSION ON ASSOCIATION ELECTIONS ASSOCIATED STUDENTS OF THE UNIVERSITY OF NEVADA TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, That the Senate of the Associated Students, at its Seventy-Fifth Session, held in Reno, Nevada, on the twentieth day of February, in the year two thousand and eight, passed the following resolution to amend the Constitution of the Associated Students, in the following words and figures, to wit:   Resolved by the Senate of the Associated Students (two-thirds concurring therein), That the following is proposed as an amendment to the Constitution of the Associated Students of the University of Nevada, which shall be valid to all intents and purposes as part of the Constitution when ratified by two-thirds of those voting in the ASUN general election, and approved by the Board of Regents of the Nevada System of Higher Education:   Strike Article III, section 4(a) and insert in lieu thereof the following:   “(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, any of the following offenses:   “(1) Malfeasance, which is a wrongful act which the officer has no legal right to do; any wrongful conduct which affects, interrupts or interferes with the performance of

official duty; or an act for which there is no authority or warrant of law.   “(2) Misfeasance, which is the performance of a legal act in an improper manner.   “(3) Nonfeasance, which is failure to perform an act which ought to be done; or the failure to perform the powers and duties of office.”   Strike Article IV, section 4(a) and insert in lieu thereof the following:   “(a) The justices shall be removed from office on impeachment of, and conviction of, any of the following offenses:   “(1) Malfeasance, which is a wrongful act which the justice has no legal right to do; any wrongful conduct which affects, interrupts or interferes with the performance of official duty; or an act for which there is no authority or warrant of law.   “(2) Misfeasance, which is the performance of a legal act in an improper manner.   “(3) Nonfeasance, which is failure to perform an act which ought to be done; or the failure to perform the powers and duties of office.” And, further, that section 3(a) of the Constitutional Amendments Procedure Act of 2008 (ASUN Public Law 75–40; 75 ASUN Stat. 113) provides that whenever an amendment to the Constitution of the Associated Students has been ratified by the membership of the Association, pursuant to the

provisions of Article V of the Constitution of the Associated Students, that the Chair of the Commission on Association Elections shall forthwith certify to the President of the University that the amendment was ratified pursuant to the provisions of the Constitution of the Associated Students.

And, further, that section 3(b) of the Act aforesaid requires the Chair of the Commission on Association Elections to cause to be filed with the Secretary of the Senate of the Associated Students, the Archivist of the Associated Students, and the President of the Associated Students a duplicate of the certificate as provided for in section 3(a) of the Act aforesaid.

And, further, that it appears from the Official Certificate of Results, made effective on April 16, 2008, by virtue of being read into the Minutes of the Senate of the Associated Students on that day, that the Amendment to the Constitution of the Associated Students proposed as aforesaid has been ratified by the students voting in an election held on March 12 and 13, 2008, in which 1,289 students voted on the Amendment and 860 voted in the affirmative to ratify the Amendment.

And, further, that the vote of the students in the election constitutes the requisite two-thirds majority of the students voting in an election on that question to ratify the Amendment. NOW, Therefore, I, Sean Driscoll, Chair of the Commission on Association Elections, by virtue and in pursuance of section 3 of the ASUN Constitutional Amendments and Procedure Act of 2008, do hereby certify that the aforesaid Amendment has been ratified by the membership of the

Association pursuant to the provisions of Article V of the Constitution of the Associated Students. IN WITNESS WHEREOF, I set my hand this [seventeenth day of February] in the year two thousand and nine.

SEAN DRISCOLL Chair of the Commission on Association Elections