BYLAWS

As amended October 25, 2017.

Student Government 348 Memorial Union

One Shields Ave.

Davis, CA 95616-8530

(530) 752-3632 FAX: (530) 752-8548


ASUCD BYLAWS

TABLE OF CONTENTS

CHAPTER ONE DEFINTION AND RULES FOR ADOPTION OF BYLAWS

100. Definition of Bylaws

101. Adoption of Bylaws

102. Bylaw Structure

103. Suspension

104. Conflicting Bylaws

105. Rules of Order

106. Votes of the ASUCD Senate

107. Mandatory Recess

CHAPTER TWO STRUCTURE

200. Presiding Officers

201. Senate President Pro Tempore

202. ASUCD Senate Representative

203. Ex-officio Members of the ASUCD Senate

204. Commissions of the ASUCD Senate

205 Permanent Committees of the ASUCD Senate

206. Special Committees of the ASUCD Senate

207 Agenda of the ASUCD Senate and Subordinate Bodies

208. Membership in the ASUCD Senate, Subordinate Bodies of the ASUCD Senate, ASUCD Executive Office, ASUCD Court, and Student Government Administrative Office

209. ASUCD Outreach Assembly

210. ASUCD Executive Branch

CHAPTER THREE QUORUM AND ATTENDANCE AT MEETINGS

300. Quorum

301. Attendance

CHAPTER FOUR ELECTIONS REGULATIONS

400. Application

401. Definitions

402. Duties of the Elections Committee

403. Time of Elections

404. Eligibility of Candidates

405. Petitions and Notice of Candidacy

406. Ballots

407. Write-In Candidates or Tickets

408. Voting Procedures

409. Tabulation of Votes

410. Posting and Distribution Regulations

411. Election Regulations, Violations and Penalties

412. Campaign Finance

413. Complaint and Disqualification Process

414. Oath of Office

415. Issuance of Certification of Election and Assumption of Office

416. Ballot Measures, Recalls, and Special Elections

417. Candidacy Withdrawal

418. Elections Committee Inadequacy

CHAPTER FIVE APPOINTMENTS

500. Application

501. Vacancies

502. Recruitment and Selection

503. Confirmation

504. Term of Office

505. Removal from Office

CHAPTER SIX BUSINESS PRACTICES

600. Purpose

601. Policy

602. Commitment of ASUCD Funds

603. Procedure for Disbursement of Commission Funds

604. Authority and Responsibility

605. Reimbursements

606. Guarantee of Budget Execution

607. Prohibition of Independent Accounts

608. Initiation of Transfer and Control

609. Membership Fees and Privileges

610. Solicitation

611. Budgeting, Wages and Rates

612. ASUCD Unit Creation and Dissolution

613. Reserve Replenishment Requirements

614. Net Revenue Fund Spending Procedures

615. SGAO Room Reservations

616. 10-Year Stipend and Allocation Plan

CHAPTER SEVEN COMMITTEE ON COMMITTEES

701. Purpose

702. Definitions

703. The Role of Committee on Committees

704. Committee on Committees Membership

705. Interview Procedures

706. Confirmation

707. Meetings

708. Committee Listserv

709. Committee Report

710. Academic Senate Bylaws and Regulations Review

CHAPTER EIGHT PERSONNEL POLICY

800. Purpose

801. Definitions

802. Nondiscrimination (Affirmative Action)

803. Recruitment

804. Selection

805. Employment

806. Work Rules

807. Performance Evaluation

808. Staff Development

809. Separation from Employment

810. Budgeting, Wages, and Rates

CHAPTER NINE THE LEGISLATIVE PROCESS

900. Application and Definitions

901. Introduction of Legislation

902. Consideration of Legislation

903. Amendments

904. Withdrawal of Legislation

CHAPTER TEN OPEN MEETINGS AND SPECIAL MEETINGS

1000. Applicability

1001. Public Venue Senate Meeting

1002. ASUCD Senate Meetings

1003. Special Meetings

1004. Removal of Disruptive Persons

CHAPTER ELEVEN ASUCD BUDGETS

1100. Purpose

1101. Definitions

1102. ASUCD Annual Budget

1103. Duties of the ASUCD Management Team

1104. Duties of the Controller

1105. Subordinate Bodies of the ASUCD Senate

1106. Budget Hearings Rules of Order and Procedure

CHAPTER TWELVE FISCAL RESERVES

1200. Fiscal Reserve Definitions

1201. Fiscal Reserve Procedures

1202. Endowment Fund Definitions

1203. Endowment Fund Procedures

CHAPTER THIRTEEN LONG-RANGE PLANS

1300. Purpose

1301. Applicability

1302. The Role of the Student Government Administrative Office

1303. The Role of the ASUCD Commissions

1304. The Role of the ASUCD Senate

1305. The Role of ASUCD Unit Directors

1306. The Role of the ASUCD Controller

1307. Long-Range Plan Format

1308. Creating or Revising ASUCD Long-Range Plans

1309. Audit Reports Format

1310. Creating Audit Reports

CHAPTER FOURTEEN GUIDELINE OF ETHICS

1400. Purpose and Applicability

1401. Definitions

1402. Office Hours

1403. Workshops

1404. Subordinate Bodies of the ASUCD Senate Attendance

1405. Unit Adoption

1406. Unit Tours

1407. Conduct During Meetings

1408. Public Conduct During Meetings

1409. Reports

1410. Flag Display

CHAPTER FIFTEEN CENSURE PROCEDURE AND GUIDELINES

1500. Applicability

1501. Censure Procedure

CHAPTER SIXTEEN ASUCD CO-SPONSORSHIP POLICY

1600. Purpose

1601. Definitions

1602. Policy

1603. Procedures

CHAPTER SEVENTEEN USE OF ASUCD NAME AND SYMBOLS

1700. Purpose

1701. Policy

1702 Symbols

1703. Penalties

1704. ASUCD Marketing Materials

1705. ASUCD Websites and Social Media Pages

CHAPTER EIGHTEEN GUIDELINES FOR ENVIROMENTAL SUSTAINABILITY

1800. Purpose

1801. Definitions/Applications

1802. Waste Prevention and Recycling

1803. References and Related Policies

CHAPTER NINETEEN CLUB FINANCE COUNCIL RELATIONS

1900. Purpose

1901. Interviews

1902. Duties

1903. Amendments

CHAPTER TWENTY SCHOLARSHIP AND AWARDS

2000. Purpose

2001. The Mark and Linda Champagne ASUCD Customer Service/Exceptional Hourly Employee Award Eligibility and Criteria

2002. ASUCD Scholarship Eligibility and Criteria

2003. Amendments

CHAPTER TWENTY-ONE CLOSED SESSIONS

2100. Purpose and Applicability

2101. Definitions

2102. Closed Session on the Agenda

2103. Meetings

2104. Minutes

2105. Closed Sessions of the ASUCD Senate

2106. Indictment Hearing of the Internal Affairs Commission

2107. ASUCD Excellence in Education Award

2108 Closed Session Rules of Order and Procedures

CHAPTER TWENTY-TWO PUBLIC RECORDS

2200. Purpose

2201. Public Records

2202. Public Rights

2203. Student Government Administrative Office

2204. ASUCD Website

2205. Closed Sessions

CHAPTER TWENTY-THREE ASUCD ARCHIVES

2300. Purpose

2301. Activity Binder

2302. ASUCD Documents

2303. Archival Guidelines

2304. Shields Library Special Collection


CHAPTER ONE

DEFINITION AND RULES FOR ADOPTION OF BYLAWS

100. DEFINITION OF BYLAWS: The ASUCD Bylaws will serve to define the rules of order directly concerning the operation and duties of the ASUCD Senate, the subordinate bodies of the ASUCD Senate and all other ASUCD entities. The ASUCD Bylaws will also outline the policies and procedures concerning the general operation of the ASUCD.

101. ADOPTION OF BYLAWS: The ASUCD Bylaws are considered adopted at every ASUCD Senate meeting and at every meeting of all of the subordinate bodies of the ASUCD Senate. A Senate Bill passed by a majority vote of the entire Senate may amend the ASUCD Bylaws. All Bylaws that deal with operations and practices of the ASUCD outside of Senate meetings are considered adopted until amended or suspended by the ASUCD Senate.

102. BYLAW STRUCTURE: The ASUCD Bylaws shall not include any binary gender references. All Bylaws shall use other language to avoid the use of gender references that may not be the preference of all members of ASUCD.

103. SUSPENSION: An ASUCD Bylaw(s) may be suspended for a particular purpose (to be stated in conjunction with the motion) by a two-thirds (2/3) majority vote of the entire Senate.

104. CONFLICTING BYLAWS: No Bylaw is in order when it conflicts with the ASUCD Constitution. In the event that any two (2) or more Bylaws conflict, the most recently adopted Bylaw(s) shall take precedence over the older Bylaw(s).

105. RULES OF ORDER

A.  The ASUCD Senate, and every subordinate body of the ASUCD Senate, shall have a Presiding Officer responsible for conducting business in an orderly and consistent manner and will recognize both the will of the majority and the rights of the minority to express their viewpoints. Any Presiding Officer may be overruled at any time by a majority vote of the entire body’s membership over which they preside.

B.  Robert’s Rules of Order (Robert’s Rules of Order Newly Revised, 11th Edition) shall be used as a supplement to the ASUCD Constitution and ASUCD Bylaws in questions of parliamentary procedure.

C.  Directly following the submission of a report by an ASUCD official, there will be a five (5)-minute period allocated for questions to be asked of the official submitting the report. Preference will be given to the public before Senators, ex-officio members of the ASUCD Senate as specified in Bylaw 203, and the Presiding Officer of the Senate.

D. Speaking Time and Deferment Guidelines

(1)  A public discussion speaking period (not during the consideration of legislation) shall be limited to no more than three (3) minutes with two (2) deferments.

(2)  Officer Reports

i.  Elected officer and ex-officio reports shall be limited to no more than two (2) minutes with no deferments.

(3) Public announcements shall be limited to no more than three (3) minutes with no deferments.

(4)  Presentation speaking time shall be limited to no more than three (3) minutes with no deferments.

(5)  Consideration of Legislation

i.  Author’s comments shall be limited to no more than three (3) minutes with no deferments.

ii.  While in public discussion, members of the public shall be limited to no more than five (5) minutes with two (2) deferments.

iii.  While in public discussion, Senators and ex-officio members of the ASUCD Senate as specified in Bylaw 203 shall be limited to no more than two (2) minutes with one (1) deferment.

iv. While in Senate discussion, Senators and ex-officio members of the ASUCD Senate (as specified in Section 203 of the ASUCD Bylaws) shall be limited to no more than three (3) minutes with two (2) deferments.

v. While in Commission discussion, Commissioners and ex-officio members of the Commission (as specified in Section 204F of the ASUCD Bylaws) shall be limited to no more than three (3) minutes with two (2) deferments.

(6)  Deferments

i.  Deferments shall be limited to no more than two (2) minutes in length.

ii.  Deferments may be given to people other than the original speaker to specifically address or elaborate upon questions or arguments given by the original speaker.

iii.  Once the original speaker defers, they may not speak again until the time on the deferment has ended, the new speaker has given the floor back to the original speaker, or the original speaker withdraws the deferment. They may, however, raise points of inquiry (such as Parliamentary Procedure, Privilege, Order, or Clarification) or answer a question, provided the question adheres to the requirements in Bylaw 105D(6)(iv).

iv.  Questions may be asked on deferment, provided they are specific and relevant to the matter at hand. If the question is directed at the original speaker, it must be intended to gain clarification or confirmation on the matter at hand; questions designed to extend the original speaker’s time are not permitted.

v.  The speaker giving the deferment may withdraw the deferment at any time.

vi.  The presiding officer has authority in determining if particular deferments or questions are in accordance with Bylaw 105D(6).

(7)  Time limits are set on a per-speech basis, with no restriction on the number of speeches.

(8) Time limits not set in this section shall be set at the discretion of the Presiding Officer of the Senate.

(9) Public participation during consideration of legislation

i. The Presiding Officer shall maintain two (2) speaker lists while in public discussion of legislation. One list shall include ex-officio members of the ASUCD Senate as specified in Bylaw 203 and elected ASUCD officials who wish to speak. The other list (public list) shall include all other individuals who wish to speak.

ii. When granting the floor, the Presiding Officer shall alternate between these lists beginning with the list of speakers from the public. If one list does not have any further individuals wishing to speak, that list will be skipped and the Presiding Officer will return to the other list.

(10) When a speaker asks a question, time counts against the original speaker’s floor.

E. Points of Inquiry: Points of inquiry may arise at any point during a meeting. The member raising the point of inquiry need not hold the floor to raise a point of inquiry.

(1)  Point of Order: A Point of Order alleges a violation of parliamentary procedure, and is directed at the Presiding Officer. The Presiding Officer has the discretion to accept this point, and has the authority to rule on the Point.

(2)  Point of Parliamentary Inquiry: A member may raise a Point of Parliamentary Inquiry to seek information about parliamentary procedure from the Presiding Officer.

(3)  Point of Information: A member may raise a Point of Information if they have a question regarding the matter at hand. Points of Information are directed at the current speaker, who has authority to accept or reject the Point.

i.  If the speaker accepts the point, they yield the floor to the questioner to ask their question, who has twenty (20) seconds to ask their question. The question must be relevant to the original speaker’s statements.

ii.  The original speaker may take back the floor at any time.

(4)  Point of Clarification: A member may raise a Point of Clarification to correct an alleged inaccuracy in a statement made by a speaker. Points of Clarification are directed at the current speaker, who has the authority to accept or reject the Point.

i.  If the speaker accepts the point, they yield the floor to the questioner to ask their question, who has twenty (20) seconds to state the correct fact. The question must be relevant to the original speaker’s statements.

ii.  The original speaker may take back the floor at any time.

(5)  Point of Personal Privilege: A member may raise a Point of Personal Privilege to raise a matter of personal concern. Points of Personal Privilege are directed at the Presiding Officer, who has the authority to rule on the Point.

i.  Valid Points include, but are not limited to, inability to hear, directed attack, and lack of decorum.

F. Yielding Remainder of the Speaker’s Time

(1) At any time, the original speaker may yield the entirety of the remainder of their time to any individual.

i. The original speaker may not take back the floor at any time.

ii. The individual cannot use any unused deferments from the original speaker, ask questions of another individual, or yield the remainder of their time to another individual.

G. The ASUCD Senate is prohibited from utilizing computers or other mobile devices while Senate is in session.

H. The Presiding Officer of the ASUCD Senate shall have a copy of the ASUCD Budget, the ASUCD Constitution, and the ASUCD Bylaws at every regularly scheduled ASUCD Senate meeting.

I. When speaking, the speaker is allowed to make direct comments to members and ex-officios of the ASUCD Senate and its subordinate bodies, unless specifically disallowed by the presiding officer of that body. A directed comment is a comment used to identify a previous speaker.