BYLAWS
As amended May 10, 2016
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 ONEDEFINTION 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
108.Request for Deliberation
CHAPTER TWOSTRUCTURE
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
205Permanent Committees of the ASUCD Senate
206.Special Committees of the ASUCD Senate
207Agenda 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 Court
211. ASUCD Executive Branch
CHAPTER THREEQUORUM AND ATTENDANCE AT MEETINGS
300.Quorum
301.Attendance
CHAPTER FOURELECTIONS 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 FIVEAPPOINTMENTS
500.Application
501.Vacancies
502.Recruitment and Selection
503.Confirmation
504.Term of Office
505.Removal from Office
CHAPTER SIXBUSINESS 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
CHAPTER SEVENCOMMITTEE ON COMMITTEES
701.Purpose
702.Definitions
703.The Role of Committee on Committees
704.Committee on Committees Membership
705.Interview Procedures
706.Confirmation
707.Academic Senate Requests for Consultation
708.Meetings
709.Committee Listserv
710.Committee Report
711.Academic Senate Bylaws and Regulations Review
CHAPTER EIGHTPERSONNEL 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 NINETHE LEGISLATIVE PROCESS
900.Application and Definitions
901.Introduction of Legislation
902.Consideration of Legislation
903.Amendments
904.Withdrawal of Legislation
CHAPTER TENOPEN MEETINGS AND SPECIAL MEETINGS
1000.Applicability
1001.Public Venue Senate Meeting
1002.ASUCD Senate Meetings
1003.Special Meetings
1004.Removal of Disruptive Persons
CHAPTER ELEVENASUCD 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 TWELVEFISCAL RESERVES
1200.Fiscal Reserve Definitions
1201.Fiscal Reserve Procedures
1202.Endowment Fund Definitions
1203.Endowment Fund Procedures
CHAPTER THIRTEENLONG-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 FOURTEENGUIDELINE 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.My Student Government Channel
1411.Flag Display
CHAPTER FIFTEENCENSURE PROCEDURE AND GUIDELINES
1500.Applicability
1501.Censure Procedure
CHAPTER SIXTEENASUCD CO-SPONSORSHIP POLICY
1600.Purpose
1601.Definitions
1602.Policy
1603.Procedures
CHAPTER SEVENTEENUSE OF ASUCD NAME AND SYMBOLS
1700.Purpose
1701.Policy
1702Symbols
1703.Penalties
1704.ASUCD Websites
CHAPTER EIGHTEENGUIDELINES FOR ENVIROMENTAL SUSTAINABILITY
1800.Purpose
1801.Definitions/Applications
1802.Waste Prevention and Recycling
1803.References and Related Policies
CHAPTER NINETEENCLUB FINANCE COUNCIL RELATIONS
1900.Purpose
1901.Interviews
1902.Duties
1903.Amendments
CHAPTER TWENTYSCHOLARSHIP 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-ONECLOSED 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
2108Closed Session Rules of Order and Procedures
CHAPTER TWENTY-TWOPUBLIC RECORDS
2200.Purpose
2201.Public Records
2202.Public Rights
2203.Student Government Administrative Office
2204.ASUCD Website
2205.Closed Sessions
CHAPTER TWENTY-THREEASUCD ARCHIVES
2300.Purpose
2301.ASUCD Historian
2302.Activity Binder
2303.ASUCD Documents
2304.Archival Guidelines
2305.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
- 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.
- 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.
- 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
- 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
- Author’s comments shall be limited to no more than three (3) minutes with no deferments.
- While in public discussion, members of the public shall be limited to no more than five (5) minutes with two (2) deferments.
- 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
- Deferments shall be limited to no more than two (2) minutes in length.
- 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.
- 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).
- 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.
- The speaker giving the deferment may withdraw the deferment at any time.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
106.VOTES OF THE ASUCD SENATE: A majority vote of the Senate shall be when there are more affirmative votes than negative votes, or when there are an equal number of affirmative and negative votes and the Vice President likewise votes in the affirmative. A two-thirds (2/3) majority of the Senate shall be when at least two-thirds (2/3) of non-abstention votes are in the affirmative.
A. Elected officials shall take no action by secret ballot, whether preliminary or final. Any vote by elected officials must be recorded and included in the meeting minutes, as defined in section 2004(A), unless that body is acting in a closed session as defined in Chapter 20.
107.MANDATORY RECESS: Mandatory recesses of any interval less than thirty (30) minutes, as deemed necessary, shall occur at the discretion of the Senate President Pro Tempore when appropriate breaks in discussion present themselves. Any recess requiring longer than thirty (30) minutes must be made known to the public no less than forty eight (48) hours prior to the recess.
Before a meeting exceeds five hours in length, a minimum of thirty (30) collective minutes must be allotted for recess. At the time a meeting extends to ten hours in length, an additional thirty (30) minutes is required for breaks.
108.REQUEST FOR DELIBERATION: Any ASUCD Senator, while in session at an ASUCD Senate meeting, can motion to formally request that the ASUCD Court deliberate on proposed legislation, operational procedures, or any other issue(s) to be stated in the motion. The motion must specify the deadline for the Court to either accept or reject the request and, if accepted, the date by which the Court must return an opinion. Pending a majority vote on the motion by the Senators present at the meeting, the Senate President Pro Tempore shall submit a written Request for Deliberation detailing the issue to be deliberated on and the specified dates to the Chief Justice of the ASUCD Court. The ASUCD Court will follow the procedure outlined in ASUCD Judicial Codes Section 401(5).
CHAPTER TWO
STRUCTURE
200.PRESIDING OFFICERS: Presiding officers shall preside over all meetings of that body and act as unbiased parliamentarians. The Presiding Officer shall: (1) ensure public notice of each regularly scheduled meeting of that body at least forty-eight (48) hours prior to the beginning of the meeting; (2) rule any personal attacks on an individual’s character as out of order; (3) solicit public discussion for a reasonable amount of time; (4) ensure that the meeting minutes are publicly posted;and (5) perform other duties as directed by the ASUCD Senate, ASUCD Constitution, and ASUCD Bylaws.
A.Presiding Officer of the ASUCD Senate: The ASUCD Vice President shall serve as the Presiding Officer over all Senate meetings as an unbiased parliamentarian. In the event that the Vice President is unable to attend a Senate meeting or wishes not to preside over the Senate meeting, the Senate President Pro Tempore shall assume these responsibilities. In the event that both the Vice President and the Senate President Pro Tempore are unable to attend a Senate meeting, the Senate must appoint by majority vote a temporary Presiding Officer from amongst themselves who shall assume these responsibilities for that meeting. The Vice President shall conduct a mandatory workshop for newly elected senators dealing with the duties and responsibilities of their positions.
B.Presiding Officers of ASUCD Commissions and Committees of the ASUCD Senate: The Chairperson of an ASUCD Commission or Committee shall serve as the Presiding Officer over all meetings of that body. In the event that the Chairperson is unable to attend a meeting, the Vice Chairperson shall assume these responsibilities. In the event that both the Chairperson and the Vice Chairperson are unable to attend a meeting, the body must appoint by majority vote a temporary Presiding Officer from amongst themselves who shall assume these responsibilities for that meeting.
C.Presiding Officer of the ASUCD Outreach Assembly: The Speaker of the Outreach Assembly shall serve as the Presiding Officer over all Outreach Assembly meetings as an unbiased parliamentarian. In the event that the Speaker is unable to attend an Outreach Assembly meeting, the Outreach Assembly Chair Pro Tempore shall assume these responsibilities. In the event that both the Speaker and the Outreach Assembly Chair Pro Tempore are unable to attend an Outreach Assembly meeting, the Outreach Assembly must appoint by majority vote a temporary Presiding Officer from amongst themselves who shall assume these responsibilities for that meeting.
201.SENATE PRESIDENT PRO TEMPORE: The Senate must elect the Senate President Pro Tempore from amongst themselves at the first meeting of every quarter by a majority vote of the entire Senate. The Senate President Pro Tempore shall serve for that quarter and assume all responsibilities enumerated in the ASUCD Constitution and ASUCD Bylaws. In the event that this position becomes vacant, the Senate must elect, by majority vote at their next official meeting, a new Senate President Pro Tempore from amongst themselves to serve for the remainder of that quarter.