BY-LAWS OF THE
NORTHEASTERN
STUDENT GOVERNMENT ASSOCIATION OF
OF
NORTHEASTERN
TITLE ONE
ANCILLARY
BODIES
Chapter One
Executive Board
SECTION 100: The
Executive Board will consist of five (5) members: the President, who shall
serve as its Chairman, the Vice President, who shall serve as the Vice
Chairman, the Attorney General, the Treasurer, and the Student Affairs advisor.
The Secretary of State shall serve as Board Secretary, but shall not be a
member of it.
SECTION 101: The President shall have the sole authority
to call a meeting of the Board of Directors, except as provided in this act,
and shall do so at least once per month during the Academic semester. In
accordance with
SECTION 102: If
in the event that there has not been a meeting of the Board of Directors during
a calendar year prior to the month of December, then the Vice President and the
Attorney General in addition to the President, have the duty and authority to
call a meeting of the Board of Directors. In the absence of the President, the
officer calling the meeting shall serve as Chairman.
Chapter Two
Steering Committee
SECTION 200: The
Steering Committee shall consist of: the President, who shall be its Chairman,
the Vice President, the President Pro Tempore, the Deputy President Pro
Tempore, the Treasurer, the Attorney General, the Secretary of State, the Chief
Justice, the Student Affairs Advisor, and the President’s Cabinet.
SECTION 201: The
Steering Committee in the absence of any rules adopted by it, shall use the
latest edition of Robert's Rules of Order as its parliamentary authority.
SECTION 202: A. The Steering Committee shall meet after the
conclusion of each regular semester during the Academic year, such meetings
designated "Post Mortem Session." Additionally, it shall meet before each
regular semester during the Academic year; such a meeting designated
"Interim Session." This shall
not be construed to require a meeting immediately prior to or after session of
Student Senate.
B. The
purpose of the Post Mortem and Interim Sessions shall be as follows:
1. To discuss
business relevant to the administration of the NSGA.
2. to serve as a forum for members to address the leaders
of the
NSGA. However,
the Committee may establish guidelines and restrictions for such comments.
3. To develop
plans of action for the NSGA as a whole.
However, it shall not have the power to compel any action from any
officer or branch, unless specifically authorized through enactment of new
by-laws.
4. To advise
the President.
5. Fulfill
other obligations outlined in the by-laws.
C. The President
may call additional meetings of the Steering Committee as needed. Such meeting shall not interfere with
Legislative or Judicial business when either branch is in session. Administrative meetings shall not be
considered session for the purpose of this provision.
TITLE TWO
COURTS
Chapter One
Courts in General
SECTION 100: Under no circumstances shall the Supreme
Court or any court of the NSGA judge, consider, or render an opinion on any,
case, issue, action, subject, or other matter resulting from the internal
operation of either Student Senate, or between the Senate themselves except
when constitution of the NSGA. This, however, shall not be construed to allow
any court to consider issues concerning rights of membership in the Student
Senate. such shall present a question with regard to its constitutionality
under the c
SECTION 101: No
Court of the NSGA shall hear any case that shall have arisen from an internal
dispute, excluding opinions of the Attorney General and questions as to the
constitutionality of Legislation, occurring more than two (2) semesters prior
to the filling of the case.
SECTION 102: No
Court of the NSGA shall hear any case that shall not have arisen out of actual fact,
except for the consideration of opinions of the Attorney General.
SECTION 103: No
Court of the organization shall hear any case except those arising out of
alleged violations of the NSGA Constitutional and By-law or from within the
Senate approved Supreme Court rules. The
Supreme Court has no subject matter jurisdiction in any other matter. Any
attempt to file any type of action outside of these parameters shall result in
the immediate dismissal of the case without the scheduling of a hearing.
SECTION 104: A. The Supreme Court and other courts of the
organization may subpoena or summon those whose presence is required for the
conduct of proceedings surrounding internal disputes.
B. No subpoena or summons shall require the
presence of an individual within two (2) hours of the time of service.
C. No subpoena or summons shall require the
presence of an officer of the NSGA, or officer of the Senate within six (6)
hours of the time of service.
D. No subpoena or summons shall be served to
any Senator except in the time before his or her body convenes for its session
or in the time after his or her body has adjourned during the calendar day.
SECTION 105: All
other Courts, unless otherwise specified by law, shall meet during the regular Academic
semester.
Chapter Two
Supreme Court
SECTION 200: The
Supreme Court shall have jurisdiction to hear cases arising from opinions of
the Attorney General, constitutionally questioned actions of executive
officers, constitutionally questioned legislation which affects the
organization, the mock constitutionality of legislation for educational
purposes, matters outlined in the Senate approved Supreme Court Rules, and
constitutional or by-law disputes between branches of government.
SECTION 201: The
creation of inferior trial courts shall reside within the exclusive
jurisdiction of the Legislature. Under
no circumstances shall the Supreme Court establish an inferior court.
SECTION 202: The
Chief Justice of the Supreme Court shall be considered as the responsible agent
of the Court for the purposes of this chapter of law.
SECTION 203: The
Chief Justice of the Supreme Court shall be appointed by the President no later
than the third (3rd) regular Senate meeting.
SECTION 204: The
Supreme Court may allow members of NSGA to come and participate in the judicial
process. Such persons shall be Officers
of the Court and shall be considered members of the Judicial Branch. The Supreme Court shall make such guidelines
as it deems necessary for the execution of this Provision provided that the
total number of persons from each member institution coming for this purpose
shall not exceed five (5) participants, for every competition the Supreme Court
holds that session.
SECTION 205: Members
of other branches may participate in the education activities of the courts of
the Organization under such provisions as the Supreme Court may impose. The courts of the Organization shall not
penalize such persons when either House may require their presence.
SECTION 206: The
Supreme Court shall determine codes of conduct for persons who argue before the
courts of the Organization with the advice and consent of the Senate. All rules and procedures utilized by the
courts must be ratified by a simple majority vote of the Senate. The Supreme Court shall also have the
ability to remove any officer of the Court except members of the Office of the
Attorney General. Upon removal, such a
person, unless he or she shall hold membership in the Organization by some
other means, shall have his or her membership in the Organization terminated.
SECTION 207: The
Supreme Court may issue injunctions to any officer in the executive
branch. For purposes of this section no
distinction shall be made in the type of injunction. No bond shall be required for injunctive
relief.
SECTION 208: A. The Supreme Court shall meet and be in
session during the regular conferences of the Organization held during the fall
and spring semesters. At this time the
Court shall transact the business before it and engage in educational
activities.
B. The Supreme Court may meet one (1) day
prior to the beginning of a regular conference for the resolution of internal
disputes if the Court and both parties to the dispute shall agree. In the disputes in which the Organization is
a party, such meeting shall require the approval of the Attorney General.
SECTION 209: A. The Supreme Court shall simultaneously
provide to all the delegation chairs the first moot court case(s) three
(3) weeks before each session.
B. The
Supreme Court must hold a moot court orientation before beginning moot court
proceedings, and it shall not conflict with any other activity.
C. The sign up
for the competition is to be at registration.
The competition times shall be posted and easily accessible.
SECTION 210: The
Supreme Court shall have the authority to appoint a Bailiff and Clerk, such
administrative officers of the Court shall be members of the Organization and
shall not be elected or appointed officers of the Legislature nor shall they
hold any elected executive office.
SECTION 211: Upon
appointment by the President, all judicial nominees shall be interviewed by the
Chief Justice or his or her appointee prior to the nominee's consideration in
the Senate. The Chief Justice or his or
her appointee shall discuss with the nominee the duties and responsibilities of
a Justice and the nominee's legal experience and background. The Chief Justice or his or her appointee may
be required by the Senate to report to the full body or the committee
considering the nomination by testimony or written statements his or her
opinions relating to the legal experience and qualifications of the nominee.
SECTION 212: The
Supreme Court shall file its rules every session, as approved by the Senate,
with the Secretary of State.
TITLE THREE
ELECTIONS
Chapter One
Elections Procedures
SECTION 100: All
general elections for offices in the Executive Branch shall be held on the first
Wednesday and Thursday in the month of April.
All general elections related to Constitutional Amendments shall be held
no later than the last full day of the session before Sine Die Adjournment of
the Legislature.
SECTION 101: A. The NSGA Election Commission shall be formed
by the President Pro Tempore of the Senate, and the Attorney General prior to
the commencement of official election activities.
1. The
President Pro Tempore of the Senate shall choose eight (8) senate members for
the Commission.
2. The
Attorney General shall choose eight (8) members from the student body for the
Commission.
3. The Attorney General shall chair the
Election Commission, unless the Attorney General is a candidate for Executive
Office. In the event that the Attorney
General is a candidate for Executive Office, the Deputy Attorney General shall
chair the Commission. If both officers
are seeking Executive Office, then the Chief Justice of the Supreme Court shall
choose a member of the Judicial Branch to serve as the Chair of the Commission.
4. No
member of the commission may be an author of any proposed Constitutional
Amendment, or a candidate for elective Executive Office.
B. The
Election Commission shall have the duty to execute the responsibilities stated
in this Title, Title Nine, or otherwise provided by the Constitution or
By-Laws.
SECTION 102: All
polls shall remain open a minimum of eight (8) hours. The Commission shall designate a time, place,
and manner for polling for all general and special elections. No poll may be operated unless two (2) of the
Commission members are present at the time of operations.
SECTION 103: No
member of the Commission may display any preference for any candidate or
position. No material promoting a
candidate or position shall be allowed within twenty-five feet or view of the
polling place. The Commission may not
require any member of the organization to remove any campaign materials that
the member wishes to display on their person while the person is casting a
ballot. No individual shall be allowed
to wear campaign materials near the ballot box unless he or she is casting a
ballot at the time. No candidate may be
present near the ballot box unless casting a ballot.
SECTION 104: All
candidates wishing for their names to appear on the ballot in a manner
different than nominated must submit their name as they wish for it to appear
on the ballot to the members of the Election Commission no later than fifteen
(15) days before the Election is to be held.
The Commission shall then choose at random the names as they are to appear
on the ballot. The Commission shall
place all contested candidates and all propositions on a singular ballot which
shall alone be copied and provided to the membership of the organization for
their election.
SECTION 105: All
candidates may have one (1) representative present during all elections and
related activities in which the Commission engages.
SECTION 106: The
Commission shall have the authority to adopt such rules as they deem fit,
provided that any rules so adopted shall not supersede the Constitution or
By-Laws.
SECTION 107: The
Commission shall determine the validity of all ballots cast in general
elections and certify the accuracy of all such elections. Any ballot with the written name of a
candidate not nominated as provided in Chapter Three of this Title shall be
considered void. The Commission may not
adopt any rules or regulations that would mandate any form of voting other than
by secret ballot.
SECTION 108: A
candidate not present at the time of nominations may not seek elective office
for a position within the Executive Branch unless in extreme circumstances, the
Board of Directors by a super majority vote deems the absence excused.
Chapter Two
Campaigns
SECTION 200: No
candidate for Executive office may spend more than two hundred dollars ($200)
for the production and distribution of campaign materials. Each candidate must then file a disclosure
form as defined by the election commission with the Election commission no
later than 5 p.m. on the day before the election commences.
SECTION 201: Candidates
must report the donor names, addresses, and amounts given from all donations
over twenty-five dollars ($25.00) and not accept any donations above fifty
dollars ($50.00). The total amount is
not to exceed the original two hundred dollars ($200).
SECTION 202: Candidates
for Executive office may not use letterhead of the University or the NSGA in
furtherance of their candidacy.
SECTION 203: Campaign
material shall be defined as: any paraphernalia excluding organizational
publications of NSGA bearing the name, likeness, positions, or ideas of any
candidate; any food or beverage items used for the furtherance of a candidate's
election, any postage required to send campaign materials, and any gift items
the candidate gives away to the mass Public during the course of an election.
SECTION 204: Candidates
shall not be required to report travel expenses, phone expenses, lodging
expenses, nonpartisan support given equally among all the candidates for the
same office, or any work performed by the individual at no cost.
SECTION 205: In
the event that a candidate cannot adequately report the price of any item, the
Election Commission shall attempt to find the fair market value for any such
items.
SECTION 206: A. Upon request, the Election Commission shall
provide copies of this Title and any additional rules as decided upon by the
Commission.
B. In the
event that a candidate is found in violation of this Title or rules established
and published by the Election Commission, the Election Commission may, at its
discretion, seek remedy in the NSGA Supreme Court, who shall have the authority
to void any general election held under the auspices of the Commission. The Supreme Court may exercise its power to
declare an election void at any time within two (2) days of the discovery of a
violation of the election rules, provided that in no case, shall this authority
extend beyond the adjournment Sine Die of the Legislature.
SECTION 207: At
no time shall the Election Commission or the Supreme Court hear questions
regarding any elections held within the Student Senate.
Chapter Three
Nomination Procedures
SECTION 301: All
uncontested nominees shall not be placed on the ballot and shall be accepted by
acclamation unless opposed.
TITLE FOUR
EXECUTIVE
BRANCH AND CABINET OFFICERS
Chapter One
General Executive Branch
SECTION 100: Appointed
members of the Executive branch may, with the consent of the President,
institute rules and policies to aid them in the performance of their
duties. All rules must be in written
form and filed with the Secretary of State's Office. Copies of all rules adopted by any Executive
Branch official must be published by the Secretary of State to all members of
the Steering Committee within thirty (30) days of adoption.
SECTION 101: All
rules adopted by one Executive Branch official shall be considered permanent
until repealed or revised by current or future administrations, provided that
the Legislature shall retain supreme authority to repeal or enact rules for
those offices. The Supreme Court shall
retain authority to void any rule or policy adopted on the grounds of
unconstitutionality or violation of statute.
All rules and policies shall be considered subservient to the
Constitution and By-Laws of this Organization.
SECTION 102: The
Secretary of State shall publish, concurrently with publication of the
Constitution and By-Laws, regulations, which shall contain every adopted rule,
the date of adoption, and the officer who adopted such policies.
SECTION 103: No
rule or regulation may be adopted which orders or requires either the
Legislature or the Supreme Court to submit to any rules of an Executive Branch
official. Rules and regulations may only
apply to members of the Executive Branch.
SECTION 104: All
members of the executive branch shall have chamber and speaking privileges in
the NSGA Senate.
Chapter Two
President
SECTION 200: The
President shall be responsible for all non-legislative and non-judicial
arrangements of The NSGA. These
arrangements shall include, but not be limited to: Campus wide activities and
Events.
SECTION 201: The
President and President-elect shall call Post Mortem Session and Interim
Session in accordance with Title Two, Section 202 of these By-Laws. The
President and President-elect shall be responsible for the selection of times
and places for these sessions and shall serve notice to the membership of the
Steering Committee at least two (2) weeks in advance. The President and President-elect
shall have the power to create all such positions that he or she shall deem
necessary to complete the functions of the Executive Branch upon the advice and
consent of the Senate.
SECTION 202: The President shall act as an official
liaison between NSGA and the members of the press, the State Board of Regents, the
government of the State of
SECTION 203: President
shall be responsible for the actions of the appointees of the President and
shall direct these appointees of the President to perform duties as the President
specifies.
SECTION 204: The
President shall have general control over the fundraising activities of the
organization, and may, at his or her discretion, appoint, with the advice and
consent of the Senate, a Treasurer to assist him or her in these duties.
SECTION 205: The
President must meet a minimum requirement of thirty six (36) credit hours
completed before the office of President can be taken.
SECTION 206: The
President of the NSGA shall receive a compensation not to exceed allocated
budget amounts of ten (10) hours per week at a minimum wage
Chapter Three
SECTION 300: The
Vice President shall assist the President in all his or her duties. He or she shall assume the duties of the President
in the case of impeachment, death, failure to qualify, resignation, removal
from the city in which a conference is being held, or inability to discharge
the duties of the office, the said office shall dissolve upon the Vice President
for the remainder of the term or until the disability shall be removed.
SECTION 301: The
Vice President of the NSGA shall receive a compensation not to exceed allocated
budget amounts of ten (10) hours per week at a minimum wage
SECTION 302: The
Vice President must meet a minimum requirement of one (1) semester as a member
of the NSGA Senate completed.
Chapter Four
Attorney General
SECTION 400: The
Attorney General, whenever called upon by a member of the Organization, may
issue opinions concerning the operations of the Organization. Such opinions
shall be binding upon all executive officers unless overturned in an
Organizational court.
SECTION 401: The
Attorney General, whenever called upon by a member of the Organization, may
render legal advice as it pertains to the educational simulation aspects of the
Organization.
SECTION 402: When
the codification as specified in an act creates a duplication of numbering in
the NSGA By-Laws or when no codification is specified the Attorney General shall
determine the codification of the act in the NSGA By-Laws. Upon doing so he or she shall notify the
Secretary of State in writing as to such action.
SECTION 403: Whenever
an act of the Legislature provides for the repealing of conflicting laws in the
NSGA By-Laws without specifying which laws, the Attorney General shall inform
the Secretary of State in writing of the laws which should be repealed and at
such time said laws shall he or she considered null and void.
SECTION 404: Upon
being elected, the Attorney General shall be authorized to appoint a Deputy
Attorney General, with the advice and consent of the Senate, to assist him or
her in the execution of his or her duties.
The Deputy Attorney General shall not be a member of the legislature but
shall be considered a member of the Organization. Any and all qualifications
set for the office of the Attorney General shall be met by the Deputy Attorney
General as well.
SECTION 405: The
Attorney General may appoint up to three (3) Assistant Attorneys General. This position shall not grant membership upon
any person. Persons serving in this
position must possess membership by some other means. Assistant Attorneys General may not be an
officer of the Legislature.
SECTION 406: The
Attorney General shall be head of a department to be known as the "Office
of the Attorney General" to be composed of the Attorney General and his or
her appointees.
SECTION 407: The
Attorney General may establish such policies and procedures as may be necessary
for the operation of the Office of the Attorney General.
SECTION 408: The
Office of the Attorney General shall be charged with the representation of the
Organization before any of its Courts, provided that the Attorney General may
agree to allow others to represent the Organization if he or she deems it
appropriate.
SECTION 409: The
Office of the Attorney General shall assist members of the Legislature in the
formulation of legislation.
SECTION 410: The
Office of the Attorney General may engage in educational activities with the
Courts of the organization, provided that actual disputes and questions
concerning the internal operation shall receive priority.
SECTION 411: The
Attorney General of the NSGA shall receive a compensation not to exceed
allocated budget amounts of ten (10) hours per week at a minimum wage
Chapter Five
Secretary of State
SECTION 500: The
Secretary of State shall be the custodian of the Records of the NSGA, and with
it shall authenticate all official documents of the Organization.
SECTION 501: A. The Secretary of State shall be entrusted
with the maintenance of all official documents of the Organization. The presence of the embossed seal of the
organization on documents shall be considered Prima Facie evidence of their
accuracy and authenticity. Subject to
legislative approval, the Secretary of State shall have the power to correct
the language of every piece of enrolled legislation that has been signed by the
President, provided that such corrections shall not change the substance or
spirit of the legislation, or the intent of the Legislature. The power of correction shall be limited to
corrections of spelling, grammar, punctuation, and the placing of legislation
into proper form.
B. Each
Secretary of State shall maintain a complete record of any and all changes made
to enrolled legislation by his or her authorization and power. Such record shall at a minimum include a copy
of the unedited enrolled legislation and a copy of the legislation as edited by
the Secretary of State. The Secretary
of State shall cause a copy of this record to be transmitted to the President
Pro Tempore of the Senate before the commencement of each legislative session.
C. All
corrections made by the Secretary of State shall be accorded the full force of
law unless and until rejected by the Legislature or overturned by the Supreme
Court.
SECTION 502: A. Following each session of the Legislature
the Secretary of State shall publish a digest of all legislation that had
passed and become law. Said digest shall
be named "NSGA Session Laws" and shall be modeled after the Session
Laws of the State of
B. The
Secretary of State shall distribute authenticated copies of the Constitution of
the Organization and NSGA By-Laws to the Senate, Supreme Court, President,
Attorney General, and all members who ask for a copy.
C. The President
by executive order may authorize the Secretary of State to publish new copies
of the Constitution and By-Laws of the Organization when such documents may be
added to or amended to such an extent that, in the opinion of the President,
such action is necessary to insure clarity.
D. The
Secretary of State shall publish a reporter styled "NSGA
Reporter"
which shall contain all decisions of the Supreme Court
and any
other organizational court in the resolution of internal
disputes,
appeals of decisions by the Attorney General, any