SGA
Morgan University Center, Room 214
P.O. Box 4506
Clarksville, TN 37044
(931) 221-7262
sgasec@apsu.edu

Austin Peay State University

Student Government Association

By-Laws

ARTICLE I

Duties of the Executive Branch

Section 1. The President:

1. Shall be a standing member of the President’s Cabinet of Austin Peay State University.

2. Shall be a voting member of the President’s Policy Committee.

3. Shall serve as a role model to the student body and adhere to all policies, guidelines and, rules as stated by the University in the Code of Student Conduct , Student Handbook APSU policies/guidelines.

4. Shall act as the voice of the students during interactions with faculty, staff, administration, and the community.

5. May write proposals, Executive Orders, and Presidential Actions.

1. An Executive Order is an act that comes from the Executive Committee of the SGA and is only applicable when the Senate cannot meet. An Executive Order shall have the same stature and authority as a piece of Senate legislation.

2. A Presidential Action is an act that comes from the President of the SGA that does not require Senate approval and does not bind SGA to any formal action.

6. May veto Senate Acts and Senate Resolutions by returning them at the next meeting unsigned. Any presidential veto must be over ruled by a two thirds (2/3) vote of the Senate.

7. The President can not veto Constitutional Amendments, which have passed in the Senate by a majority vote in accordance with the Constitution.

8. Appoint Executive research committees as deemed necessary.

1. A research committee is a committee that can be comprised of students, faculty, and/or staff and researches a certain topic and reports back to the person who appointed the committee with a consensual opinion.

9. Shall be an ex-officio, non-voting member of the Senate whereby attendance at the Senate’s meetings shall be mandatory.

10. Shall chair meetings of the Executive Committee.

11. Shall have the sole power to appoint the Executive Assistant to the President, without Senate approval.

12. Shall have the power to appoint members to Senate Committees.

Section 2. The Vice President:

1. Assists the President in all administrative duties, act as President whenever the President is incapable of carrying out administrative duties and assumes office of President if vacated.

2. Shall serve as a role model to the student body and adhere to all policies, guidelines and rules as stated by the University in the Code of Student Conduct , Student Handbook and APSU policies/guidelines.

3. Shall have the sole power to appoint Senators who meet the requirements set forth in the Constitution.

4. Shall have the power to recommend chairpersons of Senate standing committees, Speaker Pro-tempore, and the Senate Parliamentarian. Nominees of the Vice President must receive a two-thirds (2/3) approval vote by the Senate before assuming office. If a two-thirds (2/3) approval is not met, the Vice President shall make another recommendation at the following meeting.

5. Shall have the sole power to appoint an Executive Assistant to the Vice President without Senate approval.

6. Shall have the power to appoint students to serve on University Standing Committees.

7. Shall have the power to appoint members to Senate Committees.

8. Shall serve as the Greater Halloween Options for Safe Trick or Treating (G.H.O.S.T.) Chairperson and establish a committee of senators to coordinate, publicize, and execute G.H.O.S.T.

9. Shall appoint two (2) senators to serve on the SGA Internal Affairs.

Section 3. The Executive Secretary:

1. Shall maintain SGA documents and proceedings of meetings called by the SGA President and Vice President.

3. Shall maintain a record of attendance for Executive and Legislative branch officeholders.

4. Shall review all SGA financial records along with the SGA President and Adviser.

5. Shall coordinate accessibility for students with disabilities in attending meetings of the Executive, Legislative, and Judicial branches.

6. Shall have the power to appoint members to Senate Committees.

Section 4. SGA Adviser(s):

1. Shall advise the officeholders of the SGA in performing their duties and serving the needs of students.

2. Shall have power to review the Constitution, By-Laws, and all legislation of the SGA.

3. May veto financial legislation by returning it to the Executive committee unsigned. This veto cannot be overturned.

4. Shall advise the officeholders of the SGA in performing their duties and in serving the needs of students.

ARTICLE II
Duties of the Legislative Branch

Section 1. Senators:

1. Shall be a voting member of the Senate.

2. Shall be responsible for drafting his/her own legislation and shall be responsible for writing at least one piece of legislation per term of office.

3. Shall attend all meetings of the Senate and assigned committee meetings.

Section 2. Chief Clerk of the Senate:

1. The Chief Clerk of the Senate is responsible for maintaining and organizing legislation, acts, or resolutions that are brought before the Senate.

2. Shall be currently serving as a Senator.

3. Shall enforce the guidelines for the format and submission of all legislation as well as ensuring compliance with format, funding, and paperwork completion as set forth by the By-Laws and Standing Rules.

4. Shall receive all requests for legislation and refer such legislation to the Executive Committee at least one business day before the meeting of the Senate.

Section 3. Speaker Pro-tempore

1. The Speaker Pro-tempore of the Senate is responsible for assisting the Vice President in all administrative duties. He/She is to act as Speaker of the Senate in the event that the Vice President is unable to attend a meeting of the General Assembly.

2. Shall be currently serving as a Senator.

3. Shall be recommended by the Vice President and assume office upon a two-thirds (2/3) vote of the Senate at that same meeting.

Section 4. Senate Parliamentarian:

1. The Parliamentarian of the Senate is responsible for enforcing Robert’s Rules of Order, Revised, the Constitution, By-Laws, and Standing Rules during Senate meetings.

2. Shall be currently serving as a Senator.

3. Shall be recommended by the Vice President and assume office upon a two-thirds (2/3) vote of the Senate at that same meeting.

ARTICLE III
Duties of the Judicial Branch

Section 1. Chief Justice:

1. The Chief Justice shall have the power to administer the oath of office to elected or appointed Senators. In the absence of the Chief Justice, he/she may delegate this duty to the Associate Justice.

3. Shall preside over all Student Tribunal proceedings.

4. Shall chair the Associate Justice selection committee.

5. Shall, along with one appointed Senator, the SGA Adviser, the SGA President, the SGA Vice President, and one currently serving Justice interview and appoint the Chief Justice elect.

6. Shall return the completed appeal forms to the Student Affairs Office within on business day following a hearing/proceedings.

7. Shall meet all eligibility requirements as outlined in the Constitution.

8. May serve on the University Hearing Board.

9. Shall notify all Justices of meeting times and location in a timely manner.

10. Shall appoint a member Justice to record the deposition of cases heard for reference in future hearings. This member shall be called the Recorder.

11. May limit the number of appeals heard at each hearing as deemed necessary.

12. May call an emergency meeting when deemed necessary and shall notify all Justices and defendants no less than twenty-four (24) hours prior to said meeting.

13. Shall be responsible for informing, in writing, the individual's) requesting Tribunal interpretations and reviews of legislation, the SGA President, the Student Affairs Office, and the SGA advisor of the outcome/resolution/decision within one business day of the Student Tribunal proceeding.

14. Shall inform the Executive Secretary within one business day of each Student Tribunal meeting of any absences of Justices, whether excused or otherwise.

15. Shall have voting rights to grant, deny, or abstain in the case of a tie on any issues brought before the Tribunal.

Section 2. Associate Justice

1. Shall preside over Student Tribunal proceedings as deemed necessary by the standing Chief Justice.

2. Shall serve as a role model to the student body and adhere to all policies, guidelines and rules as stated by the University in the Student of Code Conduct , Student Handbook and APSU policies/guidelines.

3. Shall meet all eligibility requirements set forth in the Constitution.

4. May serve on the University Hearing Board.

5. Shall have voting rights to grant, deny, or abstain on issues brought before the Tribunal.

Section 3. Justice

1. Shall attend all scheduled hearings unless notified otherwise.

3. Shall notify the Chief Justice, in writing, twenty-four hours prior to an absence.

4. Shall meet all eligibility requirements as outlined in the Constitution.

5. Shall have voting rights to grant, deny, or abstain on issues brought before the Tribunal.

Section 4. Recorder

1. The Recorder is responsible of taking minutes of all proceedings of the Tribunal.

2. Shall be appointed by the Chief Justice and shall serve in the position until resignation or termination of the tenure of the Chief Justice.

Section 5. All members of the Student Tribunal:

1. Shall not discuss any business of the Tribunal outside of Tribunal proceedings.

2. Observe the confidential nature of all Tribunal proceedings.

3. Exercise independent judgment concerning all Tribunal proceedings.

4. Represent the Tribunal competently by demonstrating a thorough knowledge and understanding of the SGA Constitution and its associated By-Laws, Parking Rules and Regulations, Code of Student Conduct , Student Handbook, and any other pertinent APSU policies, procedures, guidelines and/or rules.

Section 5. Meetings

1. The Student Tribunal shall meet a minimum of once per week during the fall and spring semester; excluding fall break, spring break, winter break, and the summer term.

2. A regular meeting may be waived or the meeting day changed by a two-thirds (2/3) vote of the Tribunal, or by the presiding officer; no more than two meetings in succession may be waived under this provision.

3. In order to meet quorum, all meetings must have at least four (4) members present. This may consist of any combination of Justices, Associate Justice, and/or Chief Justice.

ARTICLE IV
Powers of Senate

Section 1. Powers of the Senate

1. Shall make and/or approve Senate Legislation, Constitutional Amendments, or proposals as they deem necessary in accordance with the SGA Constitution and associated By-Laws.

2. Shall serve as representatives of their constituents as defined by the most current SGA Electoral Act in accordance with the SGA Constitution and associated By-Laws.

3. Override a Presidential veto by a two-thirds (2/3) vote at the next regular meeting of the Senate following veto.

4. Shall approve by a two-thirds (2/3) vote Executive appointments by the President and Vice President made in accordance with the By-Laws.

5. Shall approve by a two-thirds (2/3) vote Senators appointed by the Vice President in accordance with the By-Laws.

6. Shall elect by a two-thirds (2/3) vote a Senator to serve on the Justice and Chief Justice selection committees.

7. Shall elect, from among its membership, by a majority vote, a senator to serve on the Election Board in accordance with the By-Laws.

8. Shall conduct all meetings in accordance with Robert’s Rules of Order, Revised, except where they conflict with the Constitution and/or By-Laws wherein these documents shall have precedence.

ARTICLE V
Vacancies

Section 1. Executive Branch:

1. In the event of a vacancy in the office of President, the Vice President shall become President, thereby vacating the office of Vice President.

2. In the event of a vacancy in the office of Vice President or Executive Secretary, the Senate, with the Speaker Pro Tempore presiding, shall nominate from its membership a Senator to fill the vacancy providing the candidate receives a majority vote of the Senate. This shall be done at the next meeting of the Senate following the vacancy.

3. In the event of concurrent vacancies in the offices of President and Vice President, the Senate with the Speaker Pro Tempore presiding, shall nominate from its membership officeholders to fill these vacancies. A simple majority vote is required for the nominees to assume office until new elections can be held. The Election Board, with the Chief Justice of the Tribunal presiding, will be responsible for holding elections to elect a new President and Vice President to serve out the remainder of the vacated terms. These elections shall be conducted within two school session weeks of the offices being vacated.

4. Only those students meeting requirements listed in the SGA Constitution are eligible to fill a vacancy in the office of President, Vice President, or Executive Secretary.

5. No Executive Branch officeholder who has been removed by the Senate and/or other authority may serve or apply for an office for at least one academic year.

Section 2. Legislative Branch

1. A vacancy in the position of a Senator shall be filled by a student upon review of his/her application by the Vice President. The applicant's) shall be reviewed and one nominee shall be selected for each available seat. This nominee shall then be presented to the Senate for approval. If approved, he/she will immediately fill the vacant seat with all rights and responsibilities afforded Senators. If disapproved, the Vice President will select another student applicant to be presented at the next Senate meeting for approval. This process shall continue until a student is approved to fill the vacant seat.

2. Applicants must meet the qualifications for office as set forth in the Constitution.

Section 3. Judicial Branch

1. In the event of a vacancy of the Office of Chief Justice, the Associate Justice shall be appointed Chief Justice, thereby vacating the office of Associate Justice.

2. The office of Associate Justice shall be filled according to the selection process outlined in the By-Laws.

3. No Judicial Branch officeholder who has been removed by the Senate and/or other authority may serve or apply for an office for at least one academic year.

ARTICLE VI
Removal from Office

Section 1. Grounds for Removal

Any officeholder of the Executive, Legislative or Judicial branches, whether with voting power or otherwise, may be removed from office in violation of the SGA Constitution, associated By-Laws, Electoral Act, and/or ; if found responsible for violating the Code of Student Conduct and/or Student Handbook. Officers may also be removed for a failure to perform duties.

Section 2: Failure to Perform Duties

A) Failure to perform the duties of any officeholder as set forth in the By-Laws shall cause said officeholder to be brought before the Internal Affairs Committee. If the Committee finds that an officeholder has failed to perform their duties, the Committee shall initiate removal proceedings.

B) The Chair of the Internal Affairs Committee shall notify, in a timely manner, the officeholder upon receipt of written charges and provide information concerning Committee procedures. If the Chair of Internal Affairs is the charged officeholder the Internal Affairs Pro-tempore shall chair the proceeding's).

C) The Internal Affairs Committee shall inform the Senate, Tribunal, and SGA Advisor of its findings within one business day of the proceedings.

Section 3. Removal Procedures

Removal for failure to meet academic standards or for excessive absences shall be automatic. Removal proceedings for these reasons shall be conducted by the Internal Affairs Committee. Removal proceedings for any other reason must adhere to the following:

1. Removal proceedings for any officeholder of the Executive, Legislative or Judicial branches may be initiated by the Internal Affairs committee following a hearing, if the committee finds that an officeholder has violated Section 2 of this Article.

2. Removal proceedings for the offices of President, Vice President, and/or Executive Secretary may be initiated by a petition bearing the signatures of two thirds (2/3) of the Senate, or two-thirds (2/3) of the members of SGA as defined by the SGA Constitution. Removal proceedings shall be presided over by the Chairperson of the Internal Affairs Committee.

3. Removal proceedings for Senators may be initiated by a petition bearing the signatures of two-thirds (2/3) of the voting members of the Senate, or two-thirds (2/3) of the members of SGA as defined by the SGA Constitution. Removal proceedings shall be presided over by the Chairperson of the Internal Affairs Committee.

4. Removal proceedings for Appointees of any of the three Branches may be initiated by the Appointing Officer, by a petition bearing the signatures of two-thirds (2/3) of the voting members of the Senate or by a petition bearing the signatures of two-thirds (2/3) of the members of SGA as defined by the SGA Constitution. If the officeholder is an appointee of the Executive or Legislative Branches the Chief Justice of the Tribunal shall be the presiding official. If the officeholder is an appointee of the Tribunal Branch removal proceedings shall be presided over by the Chairperson of the Internal Affairs Committee.

5. Removal proceedings may be initiated for Tribunal members by petition bearing the signatures a majority voting members of the Tribunal or by a petition bearing the signatures of two-thirds (2/3) of the members of SGA as defined by the SGA Constitution. Removal proceedings shall be presided over by the Chairperson of the Internal Affairs Committee.

Section 4. Internal Affairs

1. The Internal Affairs Committee shall preside over all removal proceedings. Additionally, the committee shall serve as the Election Board of SGA, hearing all election violations and misconduct brought before it. Internal Affairs shall prescribe to the removal procedures outlined in the SGA Constitution. For election related issues, the committee shall refer to the SGA Electoral Act.

2. The Internal Affairs Committee shall be composed of two (2) currently serving Justices, two (2) currently serving Senators, and the Chief Justice of SGA. If any of the Justices or Senators are the subject of the hearing brought before the committee, he or she shall be replaced immediately for the present issue in which he or she is involved.

3. The two (2) Justices shall be appointed by the Chief Justice and must receive a 2/3 (two-thirds) approval of the Tribunal.

4. The two (2) Senators shall be appointed by the Vice President and must receive a 2/3 (two-thirds) approval of the Senate.

5. The Chief Justice shall serve as Chairperson of the Committee. In the event that the Chief Justice is under review, the Associate Justice will preside over the removal proceedings. The Chair of the committee may only vote in the case of a tie.

6. A majority of the Internal Affairs Committee must be present in order to conduct business.

ARTICLE VII
Senate Committees and University Standing Committeess

Section 1. General

1. Standing Committee is a group of people that can be comprised of students, faculty, and/or staff and researches a certain topic or organizes/coordinates an event. There are University Standing Committees and Student Government Association Standing Committees.

2. SGA shall have the following Standing Committees:

Programming Committee

Public Relations Committee

3. A Programming committee shall be defined as a group of people brought together to organize and or coordinate an event that the SGA is conducting. The composition of programming committees is at the discretion of the initiating officer.

4. The Public Relations Committee shall report directly to the Executive Secretary. The composition of the committee is at the discretion of the Executive Secretary.

5. Ad Hoc Committees shall be defined as a group of people brought together to perform the prescribed task to which the committee was appointed to conduct. Ad Hoc Committees may be formed by any member of the Executive Branch.

6. The initiating officer of any senate committee has the power to appoint a committee chairperson without Senate approval.

Section 3. Membership for University Standing Committees

1. University Standing Committees shall be comprised of students, faculty, and/or staff of Austin Peay State University.

2. Shall not be limited solely to members of SGA.

3. A student must be in academic and judicial good standing with the Austin Peay State University in order to serve on a University Standing Committee.

ARTICLE VIII
Senate Procedures

Section 1.

The Senate has the responsibly of examining and revising the Constitution and By-Laws by submitting proposed Constitutional Amendments to the Chief Clerk of the Senate. After review by the Chief Clerk, the proposed Amendment's will be presented to the Senate as first reading. After the first reading, said Amendment's will be sent to the Tribunal for review. The Senate will take no further action on an Amendment's until it has been formally submitted, reviewed and an interpretation provided by the Tribunal. Once returned by the Tribunal to the Senate, said Amendment's will be presented for a second reading and Senate approval.

Section 2.

A) Sponsor/Sponsorship is defined as a Senator who vouches and takes responsibility for the legislation to which they bring before the Senate.

B) Legislation to be brought before the Senate must be submitted in accordance with the By-laws and Standing Rules.

Section 3.

1. Legislation and Amendments to Legislation must be presented to the Chief Clerk in accordance with the By-laws and Standing Rules.

2. Parliamentary protocol according to Roberts Rules Revised will be followed during all Senate meetings.

3. The appropriate form for Senate legislation shall be outlined in the Standing Rules.

4. Presidential Actions shall prescribe to the same legislative criteria as outlined in the Standing Rules and shall require signatures of the President and SGA Adviser(s).

5. Executive Orders shall prescribe to the same legislative criteria as outlined in the Standing Rules and shall require signatures of the President, Vice President, Executive Secretary, Chief Justice, and the SGA Adviser(s).

6. Senate Resolutions and Acts shall prescribe to the same legislative criteria as outlined in the Standing Rules and shall require signatures of the sponsoring Senator's), President, Chief Justice, and the SGA Adviser(s). The Chief Justice may only return Senate Resolutions and Acts unsigned if they are in violation of the SGA Constitution, By-laws, Standing Rules, or Electoral Act.

7. The Chief Clerk of the Senate shall review each piece of legislation for conformity to the prescribed form as outlined by the By-laws and Standing Rules. Sponsor's) shall inform the Chief Clerk of any amendments made in the Senate and shall submit a corrected copy to the Chief Clerk according to the By-laws and Standing Rules .

8. All Presidential Actions, Executive Orders, and Senate Resolutions or Acts must be printed on SGA Letter Head. Once the document is signed it shall be embossed with the official SGA seal and filed away in the SGA office. A copy of the signed and embossed document shall be retained in the Student Affairs Office.

9. A quorum shall consist of forty (40) percent of the voting members of the Senate based on the number of apportioned seats.

ARTICLE IX
Attendance

Section 1.

No Senator, selected appointee (according to the By-Laws), or Executive Officer shall be absent from service in a regularly scheduled meeting of the Senate without providing at least a twenty-four (24) hours written notice to the Executive Secretary. Failure to attend Senate meetings shall result in an absence being recorded for said member. An absence shall be considered excused if twenty-four (24) hours written notice is provided to the Executive Secretary. Validity of absences shall be determined in accordance with the By-laws.

Section 2.

No officeholder shall be absent from service in a regularly scheduled Committee meeting of which they are a member. Two absences from regularly scheduled Committee meetings shall be recorded as one absence from the Senate. An absence shall be considered excused if the officeholder provides the Committee chair twenty-four (24) hours written notice. Validity of absences shall be determined in accordance with the By-laws.

Section 3.

No Tribunal member shall be absent from service in a regularly scheduled meeting of the Tribunal without providing twenty-four (24) hours written notice to the Chief Justice. Failure to attend Tribunal meetings shall result in an absence being recorded for the member. An absence shall be considered excused if twenty-four (24) hours written notice is provided to the Chief Justice. Validity of absences shall be determined in accordance with the By-laws.

Section 4.

Three or more absences of an officeholder of the Executive, Legislative or Judicial Branches shall be addressed in accordance with the By-laws and Standing Rules.

Section 5.

1. Senators leaving before the completion of new business without prior permission of the Chair of the Senate shall be recorded in the minutes as absent for that meeting.

2. Senators with prior permission of the Chair of the Senate to be late to a Senate meeting shall be recorded in the minutes as tardy for said meeting.

3. Tribunal members who are not in attendance until completion of the meeting shall be recorded as absent for the meeting.

Section 6.

Senators more than ten minutes late for a regular meeting of the Senate shall not be allowed to vote on any business before the Senate for that meeting.

ARTICLE X
Standing Rules

Section 1. Amending the Standing Rules

1. The standing rules may be reviewed by an Ad Hoc Committee established at the discretion of the Executive Committee. This committee shall be chaired by the Vice President and consists of one (1) Senator appointed by the President and one (1) Justice appointed by the Chief Justice. This committee may review the Standing Rules and make recommendations to the Senate. These recommendations must receive a two-thirds (2/3) approval in order to take effect.

2. Senators may also present amendments to the standing rules. Amendments presented by senators must receive two-thirds (2/3) approval of the Senate to take effect.

Revised 1/30/08