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B.A.S.I.L.

DRAFT

CONSTITUTION

PREPARED BY- JAMAR ARTHUR-SELMAN

THE CONSTITUTION OF B.A.S.I.L.

The Barbadian Students in the Faculty of Law, Cave Hill Campus, having recognized the need to further its interest and presence in the legal community and in the University of the West Indies, hereby establish the Barbados Association of Students in Law; hereafter referred to as B.A.S.I.L.

In pursuance of their needs therefore, the Barbadian Students in the Faculty of Law-

Proclaim that the objectives of B.A.S.I.L. shall be-

a.to foster unity among Barbadian students in the Faculty of Law;

b.to initiate and develop a support base for all of its members through general support mechanisms

c.to initiate and develop a support base for its new members through a mentorship program.

d.to foster unity between Barbadian and non-Barbadian students within the Faculty of Law.

And desire that the following provisions shall have effect as the constitution of B.A.S.I.L.:

CHAPTER 1

THE CONSTITUTION

AUTHORITY AND SUPREMECY

1. In pursuance of Section 40 of the Constitution of the Guild of Students, Cave Hill Campus, this society is duly recognized as B.A.S.I.L. and this constitution shall be the Supreme Law of this Society.

CHAPTER 2

MEMBERSHIP

Full Members

2. Every person who having been registered as a Barbadian full-time student in the Faculty of Law, Cave Hill Campus, shall become a full member of B.A.S.I.L. upon registration and full payment of membership fees.

3. The privileges of a full member of B.A.S.I.L. shall consist of the following –

a. A full member of B.A.S.I.L. shall be entitled to vote in all matters that may be brought up in a general meeting subject to the provisions of this constitution.

b. A full member of B.A.S.I.L. shall be entitled to nominate, vote, and run as a candidate in elections for any executive position of B.A.S.I.L. and be eligible for selection to any post deemed necessary by the executive committee of B.A.S.I.L. subject to the provisions of this constitution.

Associate Members

4. Every Barbadian student who having been registered for a minor or double major in Law at the University of the West Indies, Cave Hill Campus, shall become an associate member of B.A.S.I.L. upon full payment of membership fees.

5. The privileges of an associate member of B.A.S.I.L. shall consist of the following-

a.An associate member of B.A.S.I.L. shall be entitled to vote in all matters that may be brought up in a general meeting subject to the provisions of this constitution.

b.An associate member of B.A.S.I.L. shall be entitled to nominate, vote, and run as a candidate in elections for any executive position of B.A.S.I.L. and be eligible for selection to any post deemed necessary by the executive committee of B.A.S.I.L. subject to the provisions of this constitution.

Temporary Members

6. A temporary member of B.A.S.I.L. shall be any Barbadian student of the Cave hill campus of the University of the West Indies who is registered to read for at least one law course in the Faculty of Lawand has paid his or her membership fees, but is not registered for a minor, major, or double major at the University.

7. The Privileges of a temporary member shall consist of the following-

a.A temporary member of B.A.S.I.L. shall be entitled to vote in all matters that may be brought up in a general meeting subject to the provisions of this constitution.

b.A temporary member shall be entitled to vote in elections for any executive position of B.A.S.I.L.

c.A temporary member shall not be allowed to run as a candidate for or nominate any other B.A.S.I.L. member in elections for any executive position of B.A.S.I.L.

d.A temporary member shall not be eligible for selection to any post deemed necessary by the executive committee of B.A.S.I.L. subject to section 17 of the provisions of this constitution.

Miscellaneous

8. All members of B.A.S.I.L. shall be entitled to be selected as members of any committee formed by any member of the executive subject to the provisions of this constitution.

CHAPTER 3

AMENDING THE CONSTITUTION

9. This constitution may only be amended under the patronage of the Constitutional Chairperson following approval by an executive majority and a resolution passed at a general meeting of the association by an absolute majority of those present and voting.

Procedure for Amendments

10. The general meeting referred to in section 9 of this constitution must be held after 1 (one) weeks notice to members of the association in the form of posted notices.

11. The Constitutional Chairperson must place a list of any proposed amendments to this constitution,in the form of posted notices, 5 days in advance of the general meeting referred to in section 9 of this constitution.

12. Amendments to this constitution shall take effect subsequent to one printed copy being signed by all members of the executive, and shall be taken as having effect from the date of the general meeting referred to in sections 9 and 10 of this constitution or on a date to be specified by the Constitutional Chairperson in accordance with section 16 (c) (iv) of this constitution.

13. The Constitutional Chairperson shall cause any changes to the constitution to be reflected in the Constitutional instrument and ensure that a copy of the signed instrument is posted no later than 2 (two) days after the official signing.

CHAPTER 4

THE EXECUTIVE

14. The executive authority of B.A.S.I.L. is vested in the Executive Committee which shall consist of the following-

  1. The President
  2. The Vice-President
  3. Constitutional Chairperson
  4. Treasurer
  5. Public Relations Officer
  6. Activities Coordinator
  7. Secretary

Responsibilities of the Executive Committee

15. The responsibilities of the Executive Committee shall be as follows-

  1. to ensure the survival of B.A.S.I.L. as a stand alone association within the faculty of law and the University of the West Indies, Cave Hill campus;
  2. to implement the policies of B.A.S.I.L. in accordance with the provisions of this constitution;
  3. to oversee all activities of B.A.S.I.L.;
  4. to ensure the proper functionality of the individual offices of the Executive Committee as outlined in this constitution;
  5. to ensure the continued relevance and functionality of the constitution and to suggest modifications apart from those proposed by the Constitutional Chairperson himself.

Responsibility and Powers of individual committee members

16. The responsibilities of the officers of the Executive Committee shall be as follows-

The President

a. The President’s responsibilities and powers shall consist of the following-

i. to oversee the efficient functioning of the Executive Committee;

ii. to call, set the agenda for and chair Executive Committee meetings;

iii. to make decisions on behalf of the Executive Committee in such cases where it is impossible for the Executive Committee to convene before any relevant deadline;

iv. to act as the official representative of B.A.S.I.L.;

v. to ensure that the association and its documents, funds and members are properly registered where necessary.

The Vice-President

b. The Vice-President’s responsibilities and powers shall consist of the following-

i. to assist the President in all his duties;

ii. to act on behalf of the President and assume hisduties in his absence;

iii. to supervise any projects proposed by members of the executive

Constitutional Chairperson

c.The Constitutional Chairperson’s responsibilities and powers shall consist of the following-

i. to carry out all of his functions as prescribed by the provisions of this constitution;

ii. to adjudicate on all matters relating to the interpretation of this constitution;

iii. to refrain from giving an official determination on any request for constitutional interpretation for a period not exceeding 2 (two) days;

iv. to postpone the coming into effect of amendments of this constitution and declare a date of effect, on approval by the Executive Committee by majority vote;

v. to assist the other members of the executive committee in their duties where necessary.

Treasurer

d.The Treasurer’s responsibilities and powers shall consist of the following-

i. to be responsible for the administration of any funds held by B.A.S.I.L.

ii. to approve and be the official signing officer for all matters relating to funds;

iii. to keep accurate financial records of all B.A.S.I.L. financial transactions;

iv. to consult with the Executive Committee on financial affairs and provide reports on the financial status required for any projects undertaken or proposed by the executive.

Public Relations Officer

e.The Public Relations Officer’s responsibilities and powers shall consist of the following-

i. to publicize and promote the activities of B.A.S.I.L.;

ii. to be the official spokesperson of B.A.S.I.L.;

iii. to adequately notify all members of B.A.S.I.L. of upcoming meetings and events.

Activities Coordinator

f.The Activities Coordinator’s responsibilities and powers shall consist of the following-

i. to organize and coordinate all the activities of B.A.S.I.L.;

ii. to spearhead fundraising activities for B.A.S.I.L.

Secretary

g.The Secretary’s responsibilities and powers shall consist of the following-

i. to keep and provide the minutes of all Executive Committee meetings;

ii. to conduct all correspondences of B.A.S.I.L.;

iii. to assist the President in the preparation of the agenda for Executive Committee meetings;

iv. to keep records of all B.A.S.I.L. activities;

v. to keep a record of all members of B.A.S.I.L., including home addresses and telephone numbers;

vi. to prepare and distribute any necessary documents in advance of Executive Committee meetings;

vii. to notify members of the Executive Committee of upcoming meetings.

OTHER MEMBERS

17. The Executive Committee may, by majority vote, create any temporary posts deemed necessary. Such post will exist for a time to be specified by the committee and will cease to exist after a new executive committee has been elected.

18. The posts created by the Executive Committee by virtue of section 17 of this constitution shall be that of subordinate member(s) but will not have the power to vote as members of the executive.

19. There shall be 3 (three) Year representatives chosen from each year level, whose purpose shall be to represent all the issues of their respective year groups to the Executive Committee.

20. The Year representatives shall be subordinate members of the executive but will not have the power to vote as members of the executive.

21 The Executive Committee shall, by majority vote, elect any full or associate member of B.A.S.I.L. to act as electoral officer at least 2 (two) weeks prior to the date set for elections in accordance with the provisions of this constitution.

22. The electoral officer shall be a subordinate member of the executive but will not have the power to vote as a member of the executive and his position will cease to exist upon the election of a new B.A.S.I.L. Executive Committee.

23. The electoral officers duties shall be to oversee all matters pertaining to elections as proscribed by the provisions of this constitution.

24. The electoral officer must not be a member of any past executive of B.A.S.I.L.

25. There shall be a returning officer of the executive who shall oversee elections in conjunction with the electoral officer in addition to assisting the executive Committee wherever necessary.

26. The returning officer shall be any member of the outgoing executive who may volunteer for the post or may be selected by the new Executive by majority vote, once his permission has been given.

27. If no member of the previous executive is eligible or available to act as returning officer for any given year the post may remain vacant whereupon a member of the present Executive shall be selected as returning officer before elections and will be bound by this constitution to act as such.

CHAPTER 5

EXECUTIVE COMMITTEE MEETINGS

28. There shall be a meeting of the Executive Committee at least 3 (three) times per semester. The quorum of such a meeting shall be all members of the Executive Committee.

29. Additional meetings of the Executive Committee may be called by the President or any member of the Executive Committee. The quorum of such meetings shall be 3 (three) members of the Executive excluding the member who initiates the meeting.

30. The secretary shall inform all absent members about what transpired at the meetings referred to in section 25 of this constitution. If the secretary is not one of the members present then all executive members who attended such meetings shall inform all absent members about what transpired at the meetings.

31. Members of the subordinate executive may attend and take part in any meeting of the Executive Committee referred to in sections 24 and 25 of this constitution.

32. Members of the subordinate executive may also request meetings of the executive committee but such meetings are not mandatory and shall not take place unless a quorum of 5 (five) members of the executive are in attendance.

CHAPTER 6

ELECTIONS OF THE EXECUTIVE COMMITTEE

33. All members of the Executive Committee shall be elected by popular vote annually.

34. All members of the Executive Committee shall be elected in the second semester no later than the final week of March.

35. The exact date for elections shall be selected by the Executive committee by majority vote and shall be conducted for one day, from 9:00 am to 6:00 pm.

36. Year representatives shall be chosen from among their respective year groups by popular vote or any other means that the Executive committee may proscribe, no later than 1 (one) month form the start of the first semester in which the newly elected executive assumes power.

37. No full or associate member of B.A.S.I.L. may hold, run or be nominated for more than one post of the Executive committee in a single year.

38. No member of the Executive Committee shall hold the post of a member of the subordinate executive save for the post of returning officer.

Nominations

39. The returning and the electoral officers shall be responsible for all nomination forms and it is their duty to ensure that all forms have been signed in the manner proscribed by this constitution

40. Nominations for Executive Committee posts shall be conducted for one day, from 9:00am to 6:00 pm on a date to be set by the Executive Committee.

41. Any full or associate member of B.A.S.I.L. may only nominate one individual for any particular post.

42. Any nomination form must be signed by the nominee and two other members of B.A.S.I.L.

43. In the event that a candidate for a post has signed more than one nomination as a nominee he shall be disqualified as a candidate for both posts.

44. In the event that no one is nominated for any post on the executive, a second nomination process shall be held in the form of a general meeting where nominations for any such post will be taken.

45.All nomination forms must be made available in the library on the date selected by virtue of section 39 of this constitution.

46. All nomination forms must be returned to the returning and electoral officers for verification at the close of the date mandated by section 39 of this constitution.

Voting Procedures

47. Each voter shall present his identification card before casting his vote, where upon he shall not be allowed to vote again in the same election.

48. Each election ballot must contain the names of every candidate for every post.

49. A voter may only cast one vote for any post up for election. A ballot containing votes for more than one candidate for the same post will be regarded as a spoilt ballot.

50. Election ballots shall be counted on the same date of elections after voting has ended at a location to be selected by the returning and electoral officers.

51. The returning and electoral officers shall make public the results of voting no later than 2 (days) after counting has finished.

52. Each candidate for an executive post shall be allowed to send one B.A.S.I.L. member on their behalf to witness the counting of votes conducted by the returning and electoral officer. Failure to select a witness or failure of a witness to arrive at the designated counting location will not result in invalid elections.

Election Irregularitiesand Conflicts

53. Election ballots may be regarded as invalid and therefore uncounted under the following conditions-

  1. a voter has disobeyed the instructions printed on the election ballot.
  2. a voter has acted unconstitutionally
  3. the returning and electoral officers have both decided to invalidate a ballot due to any other complication that may be regarded as an irregularity.

54. No candidate is allowed to be in the counting area designated by the returning and electoral officers. In the event that this takes place the current electoral process shall not be invalid but may only continue after both the candidate and his witness have vacated the designated area.

55. In the event that a candidate is notified in any way, on any procedures being carried out in the designated counting area by any person there present, all witnesses shall leave the area whereupon counting will be restarted and completed in the presence of the returning and electoral officers only.

56. In the event that there is a tie for any post, the candidates in question will be given two further days immediately after the close of elections to campaign and on the third day a bye election will be held from 9:00 am to 3:00 pm under the patronage of the returning and electoral officers. This is without prejudice to section 22 of this constitution.

57. Members who shall not be permitted to stand for elections to the Executive Committee are as follows-

a. all final year students

b. any former member of the executive who is bound by section 26 of this constitution

c. any returning officer or electoral officer

d. a member who will be unable to complete his term of office because of circumstances known to him in advance.

58. In the event that a no one is elected to any post by reason of all candidates receiving more no confidence than confidence votes, the other members of the newly elected executive shall select, by majority vote, any full or associate member to hold the post.

59. With regards to section 58 of this constitution the Executive committee shall not select any of the candidates who failed to receive the required confidence votes.

60. In the event that the procedure outlined in section 56 of this constitution fails to produce a valid result for any reason the newly elected Executive Committee shall decide between the two candidates by a majority vote.

61. This majority vote shall be carried out by all new members of the executive as well as the electoral officer who shall be allowed to vote as a member of the executive in this matter only.

62. In the event that any member(s) of the newly elected executive and any of the two candidates were members of the previous executive, only those executive members who were not members of the previous executive will be allowed to vote in conjunction with the electoral officer.

63. In the event that no one is nominated and therefore not elected by virtue of section 44 of this constitution a bye election will be held in the same manner as proscribed by section 55 of this constitution.

CHAPTER 7

VACANCIES AND REMOVAL