USC1213-004 Dakota Hall v. Student Association of UWM Senate

7/27/2019 USC1213-004 Dakota Hall v. Student Association of UWM Senate

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Universi ty S tuden t CourtU n iv e r s i t y of W isco n s in Milwaukee

Defendant Compla in t Acceptance L ette rJesse Brown,Th is letter is to serve as your acknowledgement of receiving the complaint in the matte r of DakotaHall v. Student Association of UWMSenate, Case #1213-004, being heard before the UniversityStudent Cour t ofUWM.You have ten days to file a typewritten response to this com plaint with the C our t . To file aresponse,please submit thetypewr i tten response to th e Court inthe U nion in Room 373.Failure to respond to this complaint within ten days may result in you being found in default and theCourt can move to summary judgment.Therewill be a p r e ~ trial conference approximately tendays after service of this complaint. You will benotified of the date, time, and location of this conference by the Case M ember listed below after allconcerned parties have been notified of service.If you have any questions or concerns, they may be addressed to the case member listed below.Ca se Member Name: Hunter BennettCase Mem ber Email: [email protected]

I acknowledge receipt of he complaint in Case #1213-004, and am aware that I have ten days to file atypewritten response with the Court. Failure to do so or to appear for the pre-trial conference mayresult inmy being found in default,and subject to summary judgment.

S i ~ e o f D e f e n d a ~ -s -- DJt'eSi l5fite


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FORMALCOMPLAINTCase No.: /21]-o o ':{

~ ~ r Case Code:___Dakota Halldr hall@ uwm.ed u-vs-Stud ent A ssoc iation SenateJesse Brownbr own2 42@ uwm.e du

ComplaintI. Jurisdiction of the University St uden t Cou rt (o utlined in bylaws).

II. Facts

3.1. The USC shallhave jurisdictio n tohear andente r ju dgm ent in su itsbro ught aga inst stude nts, stud ent organ iza tions, andst ude nt go verning b odies,by o the r s tud ents , student organ izations or st uden t gov erning bodies of UW M.

3.2. The USCshallbe th e final source In all matter s con cern ing t he In te rpreta tion of the Stud ent A ssociation's Constitutionand Its legislation.

3.3. The USCsha ll have ju ri sdic tio n ove r que stions arising from the SAConstitu tionor stud ent organ izational cons titutions.

3.4. TheUSC shall have jurisdiction ov er q uestions arisingfrom bylaws ,statutes, and resolu tionsof he SASenate orany oth er s tu dent g over nmen ta lbody.

3.5. The USC shall have ju risdiction ov er q uestions In vol ving rules, adjudicable in th ejudicial gov ern menta l organizations , involvingstuden t life ,servicesor nterests as provided by law.

a. St atement offac ts su rro unding th ecase.1) Rick Banks is astudent at the Univer sity of Wiscon sin- M ilwau kee and a m em ber

of th eStu den t Association and co -sponso rof SB112-045 the SAAccou ntabili tyAct.


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11) On April 3, 2013 SA Presidential and Vice Presidential Candidate Dakota Hall an dHarold luther were removed fro m the ballo t siting that the previous by laws hadbeen in erro r and that th e real on es conta in ed the 6-month re quirem ent.

b. Factual allega tions aga ins t the defendant.1) The Stu dent As sociation adopted a clause in its IEC by laws thatisunconstitutional in regardsto th e S tudent A ssociation Constitution and the USConstitut ion.

2) The Stu dent Ass ociation re moved th is ~ l a u s e with the passage and signingofSB1112-045 the SA Accountabil i ty A ct.

c. Suppor ting evidence wh ic h provide s basisfo r the charg es.1) SA Con stituion2) Signed copy of SB1112-011 iEC Bylaws3) SORC co py of SB 1112-0i11 EC Bylaw s ,4) 07 /17/11 Senat.e M eet ing M in utes5) SB1 112-045 The SA Accountabil i ty Act6) 12/12/2 0111ssueof the UW M Post7) Em ail from MatthewRosner, au thorof SB1112-0 45

II. Issues: State th e issues surroundin g the facts without speculation.I am of the opin io n that this law sh ould be struck dow n for th e fol low in g reason s:It puts the ability to into others hands.

This by la w Isun fair because it tak es the a bil it y to qualify for o ff ic e out of one per son'shands and put's I t into others. This opens th e possiblyof being d iscrim in ated on based on race ,co lor, eth n lcity, creed, religion, gender, sexual o rienta t ion, physical abil i ty, m ar i tal st atus,national origin, politica l ideology , or age, in violation of the Student A ssociation Constitu t ion.To quali fy you have to do so on o th er 's opinions and choices, notyour own. You ha ve to e it he rbe elected (t o beelected), or conf i rmed by the Senate (w hich may or m aynot happenif th e reare no vacanc ies, crowded applicants, their applicatio n is just plain Ig nored, etc) . Somestudents by choice, or by c hance, w i l l never q ualify. As it stands it serves on ly as a m eansof li m i t ing opposition and m aking get t ing elected un necessa rily harde r.

It failsstrict judicial scrutiny.If yo u areto fo llow thefedera l policies around str ict judicial scrutin y this law should be

struck. Strict judicia l s crutiny sh ould be fo l lowed because fu ndamenta l SA right, the r ig h t topar ticipate in all levels of shared go vernance , are being infrin ge d. Strict judicia l s crut iny al lows


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The only requirem ent in th eSAConstitution to become an SA official, which is anyposition outlined in the Constitution orgoverning docume nt, Is to be "a mem ber of the SA."

The Se nateIs given the ability to formulate rules, regulations, and policies that governthe activities of SAand the pow er to approve bylaws. Neither the Se nate nor anyone else isenum erated th e power to set presidential qualifications. The USCongress would be out o forder to do so by law and so here Is the SA Senate.

The Constitution states that "Anypower or duty not enumerated here nor outlined inBy-Laws is hereby reserved for the Students of the University of Wisconsin-Milwaukee." Thatpower is the refore reserved for the Students, byamending the Constitution.

It places an undue burdenon right to participate In All levels ofsharedgovernance.All student shave a right to participate in all levels of shared governance asgu arantee d

by the SAConstitution. This law unduly limits students' abilityto participate In sharedgovernance at all levels (speCifically at the to p of the executive branch) as guaran tee d In th eStudent Association Constitution. Again som e candidatesby choiceor bychance will neverqualify to run for President. In fact thefield of cand idates would be limited to less tha n 100 out of 30,000 individuals, a gross perversion of democracy that is in fact an autocracy.Theactions of SB1112-045should stand because:Noproof wherechangehappen:

Accordingto SORC, the bylaws sen t via email are different from th e ones signed by thenPresident Kostal. It was not changed on the Senatefloor. It is just as likely th at they werechanged before t hey got to the Senate as it Is likely th at it would change after the S enate votedon it. Both scenariosbeg ques tions:Can legislation be changed by the au thor or otherwise, once it's been emailed to the Senate bythe Speaker?What I believe happened is that the bill was changed before it was printed in the standardage nda packet for som e reason and what all Senators had In front of them In paper was th esam e version signed bythe President.If wh at the president signs isdifferent from what the Senate votedon, what is the law?A signed version exists


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Thereis a s igned versionof S81112-011. It should be assumed that President Kostalread overthe legislation to assume t ha t it was correct. It would be surprising if he didn't noticethat the legislation had changed. It should also be noted that no on e else, beforeSORC, noticedthe change, perhaps because they saw it (implying it occurred before the Senat emeeting)The discrepancy isminor&there was intent to remove the clause.

The only divergences betw een the twoversions arethe p lacing of the words.Regardless, S81112-045 should still nullifythe word as that was its intent. Theact was writtenusing what was assumed to be the correct version of the bylaws at the time. As th e acts, and itsau thor's, clear intentions were to remove the six m onth requirement, and the Senate andPresident agreed, that removal should stand.

IV. Conclusiona. Summarizemainarguments.

1. This law is unconstitutionalunderthe US andSAConstitutions because it places an undueburdenon potential candidates, unduly limits thepresidentialfield of candidates, fails towithstand strictjudicial scrutiny, violates the SA Constitution's rightto participate in sharedgovernance andviolates the student's reserved power toset presidential qualifications.

b. Explain desired relief from the Court.1. A TROand lnterlucratory injunction be placed on: 1.) the enforcement ofArticle V Sectionl C.)

of the IEC bylaws; 2.) The Student Associationelections, pending the outcome of this case.2. Theclause at question ofthe .IEC Bylaws be declared unconstitutional and re-stricken.3. An Independent Election Commissioner be appointment; who Is also not InSenate, Executive

Branch, or UniversityStudent Court

Dated this3'?dayof April, 2013. . dS i g n a t u r e ~ ~

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TEMPORARY RESTRAINING ORDERPla in t i f f ' s NameDakota HallPeople Of [email protected]

Defendant 's Name

Case No .:Case Code:

Independent Election Commission

University Student Cour t

/ '213- oo/I

P la in t i f f s Dakota Hall hereby apply for a temporaryrestraining order restraining (TRO) against the StudentAssociat ion Election Apr il 9-l l th , th is applicat ion isbased on the grounds tha t there i s currently a court casein the U niversity Student Court about the elect ions and adecision mad e by the Independent Election Commission toconsider candidates ine l ig ib le to run.

Dated ~ .


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ConstitutionStudent AssociationUniversi ty of Wisconsin - M i lwaukee

PreambleWe, th e Studentsof the University of W i s c o n si n - M i lw auk ee, in order to form a m ore perfect studentgo vernment, to ensure par tic ipation in student go vernance, and to promote our general welfare,do herebyestablish this Constitution.

Article I - NameThe name of th is organization shall be the Student A..sociation of the University of W is co ns in - Milwaukee ,hereafter known as the SA.

Article II- Declaration ofRightsSection 1 - Non-Discriminati onAl l m em bers of the SA shallbe free from discr iminati on on the basis of race, co lor, ethnicity, creed,religion, gender, sexu al or ientation, physical ability, marital status, na tional or igin, political ideology,or age.

Section 2 - Due ProcessAll students and shldent organizations shall be guaranteed Due Process under the Law. In alljudicial proc eedings, the accused sha ll be informed of th e nahlre and cause of the ac cusation; enjoythe r ight to a speedy, im pa rtial trial; be conf ron ted w it h the witnesses against him or her; havecompulsory proces s for obtaining w itness es in his or her defense; and have the right to an appeal.The acc used shall not be tr ied twice for the same offens e; nor be forced to testify against him orherself; nor be the sub jec t of unusual or excessive punishment.

Section 3 - Open MeetingsEvery m ee ting of the SA shall be open to all members of the SA, except in situati ons to protect theprivacy of individuals .

Section 4 - Shared GO\IemanceStudents shall be ensured partic ipation in university gove rnance at all levels, guar anteed to studentsby Wisconsin Statues36.09(5).Artic le III- Membership

Section 1 - MembersStudents currently enrolled a t the University of Wiscons in - Milwaukee sha llbe members of the SAand shall enjoy the be netlts, responsibilities, and protection thereof:

Section 2 - OfficialsAn oft lcia l of the SA is any official whoholds a position outlined in the SA gover ning docutnents;all officials must be m em ber s of the SA.


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d. TI1e President shall not be allowed to veto results of ilnpeachment proceedings nor shall not beallowed to veto Senate Appointments.e. TI1c President shall conduct his or her office as outli ned by the Executive By-Laws.

Section 6 - Vice Presidenta. The Vice President shall have the tie-breaking vote in Senate.b. TI1e Vice President shall con duct his or her oft1ce as outlined by the Executive By-Laws.

Section 7 - SA SecretaryTI1e SA Secretary shall con duct his or h er office as outlined in SA By-Laws.

Section 8 - SA Treasurera. The SA T easurer shall keep a complete an accurate recor d of all financial materials of the SA.b. The SA Treasurer shall conduct his or her office as outlined in SA By-Laws.

Section 9 - Executive CommitteesThe Executive Commi ttee shall be composed of the President1 VicePresident, SA Secretary, SA Treasurer, Speaker of the Senate1 and two (2) members of the Senate appointedby the Speaker and confirmed by the Senate.

Article VI - [udicial BranchSection 1 - CompositionThe Judicial Branch shall have a University Court1 which shall have tlve justices. These Justices may not holdany other office in SA.

Section 2 - TermsThe Term of office shall be two years. No justice may serve more than two terms.

Section 3 - Positionsa. TI1e ChiefJustice shall be the head officer of the University Smdent Court.b. The Parliamentarian shall be a non-voting member of the Senate1 and shall serve as an advisor ofrules.c. 1l1e Clerk of the Court shall keep the records of the University Student Court.

Section 4 -Jurisdictiona. 1l1e University Student Court shall have jurisdiction over the SA governing documents andstudent organizational governing documents.b. The University Student Court shall have jurisdiction over smdent violations of UniversityParking.c. TI1e University Stu dent Court shall have jurisdiction on disputes between student organizationsand disputes between students and student organizations.

Section 5 - RemovalAny member of the Judicial Branch may be removed by a 2/3 - majority vote of senate.

Article VII - ElectionsSection 1 - Independent Election Commission


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The Independent Elections Commission shall have the duty of running the Student Association Elections,and Referenda.

Section 2 - Independent Elections CommissionerThe Independent Elections Commissioner shall have the duty of overseeing and managing the IndependentElection Commission and shall be responsible for appoin ting add itional officers for the cond uct of business.The Senate may remove the IEC upon a 2/ 3 - majority vote.Section 3 - Elected PositionsThe Office of President, Vice President, and all Senate Seats shall be elected during the Stud ent AssociationElections.

Section 4 - Date of ElectionsStudent Association Elections shall be held in April as outlin ed in the IEC By-laws.

Section 5 - RecallAny elected officer of the SA n1ay be recalled by a petit ion signed by a percentage of constituents the SAofficer represents. The percentage shall be defined in Independent Election Commission By-Laws. Upon asuccessful complet ion of recall petitions the Independent Elections Commission shall hold a special election.

Article VIII - BvlawsSenate Bylaws shall take pr ecedent over all other SA Bylaws.

Article IX - AmendmentsSection 1 - ProposalAmendments to this Constitution may be proposed by either a 2/ 3 -majority vote of Senate or by a petitionsigned by 5% of the members of SA.

Section 2 - AdoptionAmendments to this Constitution shall be adopted by a majority vote of SA members during StudentAssociation Elections.

ArticleX - Enactmenta. This document shall be enacted upon the passage of the Senate by 2/3 vote and a majority of themembers of SA.b. TI1is document shall replace any and all previous documents and shall be the OfficialConstitution of the Smdent Association of the University of Wisconsin- Milwaukee.c. Ar1y previous constitutions are now null and void.


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234 - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - S B 1 1 1 2 - 0 1 ~ -c-------------------------------s.--.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.6 Student ~ s s o c i a t i o n Independent Election

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Independent Election Commission BylawsStndent Association University of Wisconsin-MilwaukeeArticle !-Name _The Independent Election Commission shall hereby be known as the Comm ission,Article-IT-Composition, Duties, and Powers of the CommissionSection !-CompositionThe Commission shall be composed of he Election Commissioner, who shall havewitnessed at least one prior annual SA election, the Chief Justice of the UniversityStudent Court, and one other Justice appointed by the Chief Justice.Section 2-Duties

A. General1 The Commission shall run the SA elections and referenda.2. The Commission shall ensure a safe, secure, oniine, democraticelections process.3, The Commission shall conduct itself in accordance with Robert's

Ru1es of Order.B. The Commission shall be responsible for1naking available all necessary formsin accordance with the timeline outlined in Article IV, Section 2.1. The Comm ission shall be responsible for creating partyregistiatiorifor:niS. PartY registration forms shall be madeavailable no later than the last date of final exams during thefall semester.-2. Nomination forms and signature sheets will be created and. made available by the CommissionC. Violations and Investigatiolis

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1. The Cominission shall investigate, hear; and punish individualsforviolating the Independent Elections Commission Bylaws at any timeduring the election process,

2. The Commissionshall notifyanycandidate accused ofacampaign violation withintwoschooldaysaftertheCommissioner or his/herDeputieS have noticed a violation,a. TheCommission shall holdhearings for campaign violationswithinthree school days after receivingthe violation, TheCommission shall make theirdecision by a2/3 majority vote,

D. The Commission shall approve the Ballot for Elections and/or Recall,

E. The Commission shall prepare onlinebrochures for each race, listingthequalified candidates that will appear on the ballot, and theircampaignstatement, .

Section 3-PowersA, The Commission shall have the power to investigate any individual seeldngoffice,_ at any time, duringtheelectioriB process.B. TheCommission shallhavethepowerto removeindividuals seeldng officefrom the ballot once theyhave accumulated thenumber ofpointsthatnecessitate removal pursuant toArticle VI, Section 4,

C, The Commission shall have thepowerto deny hearing allegations ofcampaign violations which are repetitive and/ordeemedas frivolous and/orabusive to the hearingprocess.

D, TheCommission shall havethe responsibilityand power tocreate the ballotfor elections and recall.

i. All ballotsWill be iri electronic, online foim.i i, Allsignature sheets shall be turnedinto the Dean ofStudents office, oranofficeqesignatedby theDeanofStudents. This office shall validate signatures andforward

themto the Com mission. The Office shall trackthe order of

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received signaturesheets. The Commission shall not havethe power to validate signatures.

iii. The Commission shall, after successfully receiving therequired validated signatures, place all qualified candidatenames in full,according to the office sought, on the onlineballot, in theorder in which the signature sheets wereinitially received. Thecandidateswill be placed on theballot under their party name, and parties shall be listedalphabetically. Independents shall be placed at the bottomof the ballot.' Allballots must include space for write-incandidates equal to the maximum num ber of candidates foreach sectionin the ballot. The final ballot shall beapprovedby a2/3 majority vote ofhe Coinmission.

E. The Coinmission shall have the power to approve ballots for Referenda. TheCommission shall post the referenda ba llot online, with wording approved b y2/3 of he SA Senate.

F. The Commission shallhave the power to create party registration forms.G. The Commission shall assume all duties of he Commissioner, and may act as

a commission, so long as the position ofElections Commissionedsvacant.The Chief Justice sh all cha ir the commission until a Com missioner isconfirmed.

Article i l l-Duties an d Po wers of the Com!nlsslonerSection 1- Duties

A. The commissioner, with his/her Commission, shall have the duty of ensuring asafe, secure; onlinedemocratic elections process.

B. The Commissioner shall have the duty ofprov iding a copy of the IECbyiaws to any member of he SA upon request.C. The Commissioner or any individual on the Commission shall provide

nomination papers, campaign violation forms, and campaign violationresponse forms to any individual, upon request. Distribution ofhese recordsshall be made pub lic immediately.

Sec tion 2-Powers

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1 A. The Commissioner shall be the chairperson of he Commission, andshall be2 responsible for appointing additional officers for the conduct of business, with3 a 2/3rds majority vote of he Senate.45 i. TheCommissioner's appointees shall not have a vote on the6 Co mmission, nor will the y be membersof he Com mission.78910

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ii. The Commissioner's appointees shall not have the power todistribute materials as listed in Article il l, Se ctions Band Cofthese bylaws.

12 ARTICLEIV-Student Association Elections Procedure1314 Section1- Gen eral Elections Procedur e1516 A. All SAelections and referenda shall take place online to all em olledUWM17 Students.18 B. The ElectionsCommission,as described in Article II, Section 3, D, ofhese19 bylaws, shall approve the online ballot to be usedin the election.20 C . .The lEC shall facilitate at least one public and open debate consistingof ev ery21 pr esidential nominee whose signatures havebeen confirmed. The timeof hi s22 de bate shall be agreed upon by the nominees. Exemptions soughtdue to23 emergenciesare subject tothe discretionof he lEC. Inthe case that there is24 only one presidentialnominee a public forum will be facilitated with the date 25 ag reed by the lEC andthe nominee.26 Section 2-Timeline2728 A. Student Association Elections willbe held the second consecutiveTuesday,29 Wednesday, and ThursdayofAp ril. Online polling will openat !2:01am on30 Tuesday, and will co nclude at !1:59pm on Thursday. The Com mission shall31 an nounce elections results within 24hours ofpolls closing.3233 B. Signature sheets will be made availableb y N oon the secondMonday i n34 February, and due by 5:OOpm th e first M onday in March.353637 C. Allsenatorial candidatesignature sheets that are turned inwith aparty3 8 association must have the signature of he person whofilledout and turned in3 9 the party registration form, in qrder to be listedas a candidate on the ballot as40 a m em ber of hat party .41

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1 D. Individuals whose signatures are verified will appear on the ballot. Individuals2 who indicate a party affiliation will appear on that ballot only with that party3 affiliation.456 E. From the date in which nomination papers are due, there shall be a one-week7 period for validation of signatures.89 F. After this one-week period, the Commission shall post a list of all candidates10 that obtained the requisite number of valid signatures online and via all11 student electronic mail. The Commission shall then_contact each candidate to12 verify their campaign statement.13

14 Section 3-Parties1516 A. Party Registration forms shall be due by Noon on the second Monday of17 February. Party registration forms must be filled out and turned into the18 Commission by the individual seeking the office of President within that19 party.2021 B. No party shall be eligible for election without a President and Vice-22 .Presidential Ticket submitting all required paperwork.2324 C. Parties shall be listed on the ballot alphabetically.2526 D. Parties shall not run more candidates than there are available seats in each27 school.2829 E. Every candidate in a party is responsible for their own signature sheets.3031 F. Parties must be Registered Student Organizations.3233 G. No student may run under more than one party3435 ARTICLE V-Candidate Regulations3637 Section I- Membership3839 A. Candidates seeking office must be members of he Student Association.

40 B. No member of the Student Association Judicial Branch or Independent41 Election Coiilill!ssion can, while in office, run for election.42 C. To be eligible to be placed on the ballot, candidates seeking the office of43 President of the Student Association must have served in an elected or

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ap poi nte d po sition w ithin t he Studen t As sociation for at l eas t si x months pr io rto th e St ude nt A ss ociation ele ctions .

34 Se ction2- Si gna tur es56 A. 45 0 validated sign atures sh al l be required to be on tbe ba llo t fo r tbe7 Pre sid enW ic e-P residen tia l ticket.89 B; 50 val idated s ignatures sha ll b e re qui red to be on tbe ba llot for an At-Large10 Sen ate or L ette rs and Scienc e seat.

1112 C. 25 validatt;d sign atures shall be required to be on tb e ba llot for an y other13 sc hoo l or co llege Senate s eat.1415 D. 10 va lidate d signatures sh all be req uired to be on tbe bal lot for the Sch oo l of16 Inf orm ati on Sciences.1718 Sec tio n 3- W ri te-In Can didates1920 W ri te inca nd idates m us t receive at least the num be rof votes equ ivalent to tbe signatures21 re quired to run for the ir sc ho ol.2223 Section 4- Party Affiliation2425 Can did ates who do not iden tify witb a pa rty whe n t bei r signatu re sheets are turned in26 sh all be listed on tb e ba llotas indep end ents.2728 Article VI- Election Violations2930 Se ct ion 1- Vio lation Com plaints31 A. Co mp l!!illts m ay on ly be sub mitt ed by m em be rs of he St ud ent Association.32 B. A ty pe wri tte n co m pl aint m ay be deliver ed or su bmitted elect ronical ly to tb e33 Co mmiss ioner. 34 a. Th e Com missio ne r sh all inform tbe Com m ission ofa received35 com pl ain t within two days.3 6 Sec tion 2- Poi n t S ys tem 373 8 A. U p to 50 0 p oin ts f or p hy sically or v erb ally ha ras sin g an other c andidaie . 3940 B.. Up to 100 p oi nts for mov in g co vering , de facing, de stroyingor remov ing41 ca mpa ig n I)laterials. 4243 C. Up to 100 p oi nts for m ak ing slande rou s re mar ks in public o r i n wr iting.44

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1 D. Up to 50 poin ts for plac in g materials in places pro hib it ed by the Cityof2 Milw au kee , th e Univ ers ity ofW iscons in M ilw au kee , SA or th e IEC.34 Sec tio n3- Burden56 The bur den of pro of requ ir ed to ass ess poi nts sha llbebe yond are ason able doub t. This 7 mean s th at there m ust be no doubt i n th e fa ct-find er's mind th at th ein div idua l ac cuse dof 8 thevi ol at io n com mit te dth at v iol atio n. 9

10 Sec ti on 4-Rem oval1112 A. Once ac cum ula tin g 125 poin ts, Sen atorial can didates m ay be rem oved fr om the 13 ballot by 2/3 majqr ity vote ofhe Commiss ion. 14 B. Once a ccu mulat ing 250 po in ts , Presi den tia W ic e Pres id en tia l ti cket s may be 15 remove d fr om the ba ll ot by 2/3 m ajor ity voteof the Commiss ion. 161718 A rt ic le V II - Rec all Spec ia l E le ct ions 1920 Sect io n 1- Proc edu res 2122 A. Recali el ect ion re ques ts shal l be m ade o niyaf ter s ix m on ths of he new 23 ad ministr atio n ta kin g power .2425 B. The pet it io ner sha ll p res ent aclalmou tl in ing the rea son s fo r th e reca ll re que st26 tothe elec tions commission. 2728 C. The El ect io ns Comm is sion , by 2/3 majo ri ty vote, shal i de cid e whet her or n o t29 there is ene ugh ev ide nce to warran t a nica ll.30 31 D. Upon conse nt of he Ele ct ion s Commission , by 2/3 majo rityvo te, th e32 petitio ner m ay in itiate a re cal l pet itio n.3334 E. Appeals of he decis ion of he Com missio n m ay be mad e to th e Univ ers ity35 Student C ou rt w it hin tw osch ool da ys of he C om m iss io n's dec isio n.3637 F. The recall peti ti on m ust be approv ed by the Com miss ion and m ust c onta in 38 signatures from 25% ofhose stu dent swho are elig ib le to vot e in the ele ction .39 40 G. The s ign atu res o.btained m us t be ver ified by th e D ean of Studen ts.4142 H. Upon the succ ess ful com pl etionof areca ll petit io n, th eCom m is si on wil l set43 the date, by a 2/3 m ajo ri ty vote , fo r a special electio n, whi ch shal l no t be m ore 44 than30 day s after the peti ti on is verified ,45

. 46 Sec tio n 2- Pe titions

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A. At the top of each page there mu st be ,a statement outlining the accusationsagainst the candidate, as well as the candidate's name, and his orher office,

B. Petitions must have the student's name, signature, school or college, date, andhis or her student LD. number.C. The statute of limitations on such apetition shall be30days from the date it is

initiated,Article VITI-Freshman ElectionsTh e Freshman Senators shall be elected from an d by the Freshman Class during anelection held onthe first Tuesday of October. In order to be eligibie to fill a FreshmanSenator seat, the student must bein their first year at UWM. Freshman Senator Seatvacancies can only be filled by theSenate after the date ofFreshman Elections haspassed.Article IX- E ~ e r g e n c yIn the event that the Courtis defunct, or does not have enough mem bers to sit on theCommission, the Senate can appoint two (2) individuals, not running for election to sit onthe Commission by a simple majorityvote. The President's appointment shall still chairthe Commission.ArticleX- AmendmentsAmendments to these bylaws shall require a 2/3 majority vote of he Senate in theaffirmative. 'Article XI-Enactment

These bylaws shall supersede all previous bylaws. Thesebylaws shall take effect upon a2/3 passage of the Student Association Senate and theSignature of the StudentAssociation President.

RickBankiiSpeak r of t e

NAY:__

44 5 ~ ~ ~ ~ ~ ~ ~ - - ~ - - Date'46LOglslative HistoryJuly 17 - Introduced by Senator Sidhu 8


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1234 ---------------------------------------SB1112-011--------------------------------

-5..._._._._._._._._._._._._._._._._._..._6 StudentAssociationIndependentElection .1 CommissionBylaws89 Ind.ependent ElectionCommissionBylaws

. 10 Student Association11 Universityo fWisconsin-Milwaukee1213 Article1-Name1415 TheIndependentElectionCommission shallherebybeknownas the

Commission.1617 Articlell-Composition,Duties,andPowersoftheCommission1819 Section!-Compositio n2021 TheCommissionshall be composedofheElection Commissi

oner, whoshallhave22 witnessed a tleastoneprio rannualSA election, the Chief Justiceo

fheUniversity23 StudentCourt,andoneotherJusticeappointed by theChie fJustice.2425 Section2-Duties26 A. General2728 1. TheCommission shall runtheSAelectionsand re

ferenda.29 2. TheCommissionshall ensure asafe, secure, onlin

e, democratic30 electionsprocess.31 3. TheCommissionshall conduct its elfinaccordance

withRobert' s32 RulesofOrder.

33 34 B. TheCommissionshallberesponsib lefor makingavailableall

necessaryforms35 inaccordancew ith thetimelin e outlinedinArticle IV,Section 2

.36 1. TheCommission shall beresponsible for

creatingparty37 1 . regis trationforms. Party registration for

ms shallbe made38 available no laterthan thelastdate o ffm

al exams duringthe39 fall semester.40 2. Nomination forms andsignature. sheetsw i

ll becreated and41 madeavailable bytheCommission42 C. ViolationsandInvestig

ations43

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1 1. T he Commiss ion shall invest igate ,.hear , andpu ni shindividuals for2 violatingthe fudependentE le ctions Com missionBylaw s at any tim e3 during the elec tion process. 4 2. The Commissionsh al lnotifYany candidate accusedof acam paign5 violation within twoschooldaysaf ter th e Commissione r or h is /he r6 Deputie s hav e noticed a violat ion.7 a. The Commission shall hold hearings for campaign violations8 within three school days after rece iv ing th e violation. The9 Com mission sha ll maketheirdeci sio n by a2/3majori ty vote.

10 D. The Com mission shall approvethe Bal lot for Elections and/or Recall. 11121314 E. The Com missio nsha ll prepare online brochures for eachrace, listing the15 qualif iedcand idates that will appear onthe ballot, and their ca mpaign16 st atement.17181920 Section3-Powers 2122 A. TheCom mission shallhavethe pow er to investigate any individual seeking23 office , a t anytim e, duringthe elections process.2425 B. TheCommission shall have the power to remov e ind iv idu als seeking off ice 26 from thebal lot once they have accu mulated the number ofpoints that27 neces sita te re moval pursuan t to Art icl eVI,Section4.282930 C. The Commissionsh al l have the power to den yhea ring allegationsof31 ca mpaig nvio lations which are repe ti tive and/or deem ed as frivolousand/o r32 abusive to the hearingprocess. 3334 D. TheCom miss ion shall have there spons ib ilit y andpower tocr eat e theba llo t35 fo r elections and recal l.363738 i. . Allballots will beinelectronic, onl ine form,3940 ii. Allsigna tu re sheet s shall be turned into the Deanof41 Studen ts office, or an office designated bythe Deanof 42 Students. This office shall v al ida te sig na tures and forward 43 themto th e Commission. Th e Office shall track the orde r of

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receivedsignaturesheets.TheCommissionshallnothavethe.powertovalidatesignatures.

iii. TheCommissionshall, aftersuccessfullyreceivingtherequiredvalidatedsignatures,placeallqualifiedcandidatenamesinfull, accordingtotheofficesought,ontheonlineballot, inthe orderinwhichthesignaturesheetswereinitiallyreceived.Thecandidateswillbeplacedontheballotundertheirpartyname,andpartiesshallbelistedalphabetically.Independentsshallbeplacedatthebottomoftheballot. Allballotsmustincludespaceforwrite-incandidatesequaltothemaximumnumberofcandidatesforeachsectionintheballot. Thefmal ballotshallbeapprovedbya2/3majorityvoteofheCommission.

E. TheCommissionshallhavethepowertoapproveballotsforReferenda.TheCommissionshallpostthereferendaballotonline,withwordingapprovedby2/3ofheSASenate.F. TheCommissionshallhavethepowertocreatepartyregistrationfonns.

G. TheCommissionshallassumealldutiesofheCommissioner, andmayactasacommission,solongasthepositionofElectionsCommissionerisvacant.TheChief JusticeshallchairthecommissionuntilaCommissionerisconfirmed.

Articleil l-Duties andPowersoftheCommissioner

Section1- DutiesA. Thecommissioner, withhis/herCommission, shallhavethedutyofensuringasafe,secure,onlinedemocraticelectionsprocess.

B. TheCommissionershallhavethedutyofprovidingacopyofthe IEC

bylawstoanymemberofheSAuponrequest.C. TheCommissionerorany individualontheCommissionshallprovidenominationpapers,campaignviolationfonns, andcampaign violation

responseforms anyindividu!!l, uponrequesr. Distributionofheserecordsshallbemadepublicimmediately.

Section2-Powers

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I A. The Comm issioner shall be the chairpersonofthe Comm ission, and shall be2 respo nsible for appointing additional officers forthe con duct of business,with3 a 2/3rdsmajority vote of he Senate.45 i. The Com missioner's app ointees shall not ha ve a vote on the6 Com mission, no r will theybe m em bers of he Com mission.78910

I I

ii. The Com missioner's app ointees shall not ha ve the pow er todistribute materials as listed in Article III, Sections B and C of these bylaw s.

12 ARTICLE IV-Student Association Elections Procedure1314 Section 1- General Elections Procedure1516 A. All SA elections and referenda shall takeplace onl ine toall enrolled UWM17 Students.18 B. The E lections Com mission, as described in Ar ticle II, Section3,D,of hese19 bylaws, shall approvethe onlineballot to be used in the election.20 C. The IEC shall facilitate at least one publicand open debate consisting of every21 presidential nom inee whosesignatures have been confirmed. The time ofhis22 debate shall be agreed upon by the nominees. Ex emptions sou ght du e to23 em ergencies are subject to the discretionof he IEC. Inthe case that there is24 onl y one presidential nominee a public forum will be facilitated with the date25 agreedby the IEC and the nom inee .26 Section2-Ti me ine2728 A. Studen t Asso ciation Elections will be held the second consecutive Tuesday,29 Wednesday, and T hursday of April. On line polling will open at !2:01am on30 Tuesday, and will conclude at I I 59pm on T hursday. The C omm ission shall 31 anno unce elections results with in 24 hoursof p.olls closing.3233 B. Sig nature she ets will be made available by Noonthe seco nd Monda yin34 Februar y, and due by 5:00pmthe fust Monday in March.353637 C. All senatorial candidate signature sheets that are turned inwitha party38 association must have the s ignature of he person whofilled ou tand turned in39 the partyregistration form, in order to be listed as a candidate o nthe ballotas40 a m embe rof hat party.41

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I D. Individuals whose signatures are verified w ill appear on the bal lot. Individuals2 who indicate a party affiliation will appear on that ballot only with that party3 affiliation. To be eligible to be placed on the ballot, candidates seeking the4 office of Presiden t ofthe Student Association must have served in an elected5 or appointed position within the Student Association for at least six months6 pr ior to the Student Association elections.789 E. From the date in which nomination papers are due, there shall be a one-week

I 0 period for validation of signatures.II12 F. After this one-week period, the Commission shall post a list of all candidates13 that obtained the requisite number of valid signatures online and via all14 student electronic mail. The Commission shall then contact each candidate to15 verify their campaign statement.1617 Section 3-Parties1819 A. Party Registration forms shall be due by Noon on the second Mond ay of20 February. Party registration forms must be filled out and turned into the21 Comm ission by the individual seeking the office of Presiden t within that22 party.2324 B. No party shall be eligible for e lection without a President and Vice25 Presidential Ticket submitting all required paperwork.2627 C. Pa rties shall be listed on the ballot alphabetically.2829 D. Parties shall not run more candidates than there are available seats in each30 school.3132 E. Ev ery candidate in a party is responsible for their own signature sheets.3334 F. Parties must be Registered Student O rganizations.3536 G. No student may run under more than one party3738 A R T I C L E V-C andidate Regulatio ns3940 Section J- M ~ m b e r s h i p4142 A. Candidates seeking office must be members of he Student Association.4344 B. No member of he Studen t Association Judicial Branch or Independent45 Election Commission can, while in office, run for election.46

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. . . .

1 Section 2- Signatures23 A. 450 validated signatures shallbe required tobe on the ballot for the4 President/Vice-Presidential ticket.56 B. 50 validated signatures shall be required to beon the ballot for an At-Large7 Senate or Lettersand Science seat.89 C. 25 validated signatures shall be required tobeon the ballot for any other10 school or college Senate seat.1112 D. 10 validated signatures shallbe required tobe onthe ballot for the School of13 Information Sciences.

1415 Section 3- Write-In Candidates1617 Write in candidates must receive at least the number of votes e quivalent to the signatures18 required to run for their school.1920 Section 4- Party Affiliation2122 Ca ndidates who donot identify w ith a par ty when their signature sheets are turned in23 shallbe listed on the ballot as independents. 2425 Article VI- Election Violations2627 Section 1- Violation Complaints28 A. Co mplaints may only be submitted by members of he Student A ssociation.29 B. A typewritten complaint ma y bedelivered or submitted electronically tothe30 Co mmissioner.31 a. The Commissioner shall inform the Comm ission of a received32 com plaint wi thin two days.33 Sec tion 2- Point System3435 A. Up to 500 points forphy sically or verbally harassing another candidate.3637 B. Up to 100 points for moving covering, defacing, destroying or removing 38 campaign materials.3940 C. Up to 100 points for making slanderous remarks in public or in. writing.4142 b. Up to 50 points for placing materials in places proh ibited by the Cityof43 Milwaukee, the University ofWisconsin Milwaukee, SA or the IEC.4445 Section 3- Burden

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Theburden of pr oof required toassess points shall be beyond a reasonable doubt. Thismeans that there must be no doubt in the fact-fm der's m ind that the individual accusedofthe vio lation com mitted that violation.Section 4-Removal

A. Once accumu lating 125points, Senatorial candidates maybe rem oved from theballot by 2/3ml\iority vote ,of the Comm ission.B. Once accumulating 250 points, Presiden tiaWice Presidential tickets m ay beremoved from the bal lot by 2/3 majority vote of he Comm ission.

Article VII- Reca ll Special ElectionsSection 1- Proce dures

A. Recall election requests shall be made only a fter fourmonthsof henewadministration taking power.B. The petitioner shall present aclaim ou tliningthe reasons for the recall requestto the elections com mission.

!C. The reca ll p etition must be verifiedby the Commission and must contain the

amount ofsignatures required according to what is specifiedinthe sectioncorresponding to the typ e of recall election.

D. The Signatures ob tained must be verified by the Dean ofStudents.E. Upon the successful com pletion of a recall p etition, the Com mission will setthe date, by a 2/3 majo rity vote, for a special election, w hich shall no t bemorethan30days after the petition is verified.

Section 2- PetitionsA. At the top of each page there m ust be a statement outl ining the accusationsagainst the candidate, as well as the can didate's name, and hisor her office.B. Petitions must have t h e . ~ t : ! l t name, signature, school or college, date, andhisorher student I.D. num ber.C. The statute of im itationsonsuch a pet ition sh all be 30days from the date it isinitiated.

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1 D. The amountof signaturesrequired to initiate arecall election on any elected2 official is thesame amountof ballots that werecastedfor the election of he3 office ofPresident/ Vice President in the most previouselection.45 Article VITI-Freshman Election s67 The Freshm an Senators shall be elected from and by the Freshman Class during an8 election held on the first TuesdayofOctober. In order to beeligibleto fill a Freshman9 Senator seat, the student must be intheirfirst year at UWM. Freshman Senator Seat10 vacancies can only befilled liy.the Senate after the date of Freshman Elections has

11 passed .1213 Art icle IX- Em er gency1415 Inthe event that the Cour t is defunct, or does nothave enough members to sit on the16 Co mmission, the Senate can appoint two (2) individuals, not running for election to sit on17 the Commission by a simple m!\iority vote. The President's appointment shall still chair18 the Cqmmission.1920 Article X - A m endm ents2122 a. Am endments to these bylaws shall beallowed during the Summer and Fall23 Semesters.24 b. Amendmentsshall be allowed during UWinteriM or Spring Semester onlyin25 exceptional circumstances and only with a rulingfrom the UniversityStudent26 Court granting permission. Any SA Official may petition the Court for such27 permission.28 c. Amendments to those bylaws shall require a 2/3-majority vote ofthe Senate in the29 Affmnative and the Signature of he Student Association President.30 d. Any membe r of he SA Senate who has filed tobecome a candidate for Office31 may not vote on the adoptionof ne w or amended Independent Elections32 Commission bylaws.333435 A rticle X I-Enactment3637 These bylaws shall supersede all previous bylaws. These bylaws shall take effect upon a38 2/3 passage of he StudentAssociation Senate and the Signature of he Student39 Association President.40414243 AYE:__ NAY:- - - -445

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123456

Alex KostalPresident

July 17- Introduced by Senator Sidhu

Date

Legislative History

Amended by SB1112-045 . Altering Article Vll Section I sub. sec. b-e. and Article Vll, Section 2, sub. sec. d. (Updated by Speaker Brown. 7/18/12) .Amended by SBI!l2-059. Altering Article X, a and adding b-


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Student Association SenateO F F I C E OF THESPEAKER

UNIONEG79 ERrcKLBANKs

SPEAKER OF THE SENATE MILWAUKEE,WI 53201TELEPHONE: 229-4366

Student Association Senate SessionMinutes

Sunday, July 171h, 20116:00pm

Union-Fi re s ide Lounge

I. Call to Order at 6:08 pmII. Roll Call

a. Banks-Presentb. Barth- Not Presen tc. Blacks- Not Prese n td. Bo rnhoft- Not Presen te. Brey- Not Presentf. Bro wn-Presentg. Christens- Not Present -h.' Drake-Pr esent

i. Falk- Not Presentj. Fernandez - Not Presentk. Green-Pres entI. Haster t- Not Presentm. Kauffin- Not Presentn. Kern- Presen to. Klima Not Present


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p. Ludwig- Pre sentq. M ethu- Presentr. Pecor-Prese nts. Pelicaric- Presentt. Patte rso n-Ramos- Prese ntu . Radliff- Not Pre sentv. Reeves -Pre sen tw. Ridg eway-P rese ntx. Rosner- P resent y. Roth- Presentz. Samz- Not Presen t aa. Schultz -Pre sen tbb. Scu dder- Not Present

cc. Sed ar- Prese ntdd. S id hu-Presentee. Stoll -P res entff. Stuy venbe rg- Not P rese ntgg. VVebb-Presenthh. Yanasak- Not Presen t

III. Pledge of AllegianceIV. Approv al of theA gend a

a. Motio n to appro,ve by Green'

i. zn dby Banksb. Voice Vote- Pass esV.. App rova l of th e Minutes

a. Jun e5th,2 011i. Motion to appro ve by Stoll

1. znd by Stoll2. Voice Vote- pa sses

VI. Comments a nd Que stions a. Alexan der Kostal, President


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b. Brent johnson, Vice Presidentc. Rick Banks, Speaker of he Senated. Mike Schultz, Treasurere. james Hill, Dean ofStudentsf. Brandon james, SA Advisorg. Open Forum

VII. Reportsa. Senate Officers as requested from the floorb. Executive Officers as requested from the floor

VIII. Special Orders '-a. Approval of Parliamentarian: Anthony DeWeesi. Motion to approve by stall

1. 2nd by Ludwig2. Voice Vote- Passes

b. Senate Vacancy Elections:i. Letters & Sciences (5 Seats):

1. Mathew Rosnera. Motion to approve by Green

i. 2nd by Sidhuii. Hand Vote: Passes

2. Solana Patterson- Ramosa. Motion to table till the next meeting by Sidhu

i.. 2nd by Greenii. Voice Vote- Passes

b. Motion to approve by Stolli. by Drakeii. Voice Vote- Passes

3. Lester Kerna. Motion to approve by Pelicaric

i. 2nd by Stollii. Hand vote- Passes


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4. Alex an dr ia Seda ra. Motion to appro ve by R idgew ay

i. 2nd by Si dhuii. Hand vot e- Pass es

c. App rova l of Comm ittee L ead er si. SACChair: B ren t G reen

1. M ot ion to appro ve by Stolla. 2nd by Pe licar icb. Voice Vote- passes

ii. SAC Vice-C hair: Rachel Falk1. M ot ion to ap prov e by Stoll

a. 2nd by Pe lic ar ic b. Voice V ote- Pas se s

iii. SORC Chair: Ter ez a P el icaric1. M otion to pac kage and approve ite rris iii. Thro ugh viii.

Under s pe ci al orders by Pel ic arica. 2nd by Stollb. Voice Vote- Pass es

iv. SORCVice-Ch air: David Sidhu v. CABChair : H ect o r Sa nt ia govi. CABVice-Ch air: Nick E dm on ds

vii. SLIC Chair: Evi ta Sa uc ed aviii. CD! Ch air: Bran don Methu

d. Pres id enti al A ppo in tm en ts :i. Elle Rodr iq ue z- Hern an de z, Pu blic Relation s Dir ec to r

1. M ot ion to appro ve by B row na. 2nd by Stollb. Voice Vote- Pas ses

ii. Nicko las McCall- Ass ist an t Chief ju sti ce ofUSC1. M otio n to ap prove by Stoll

a. 2nd by Pelic ar ic


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b. Voice Vote- Passese. Senate Term Calendar

i. Discussion: On Audioii. Motion to approve by Pelicaric

1. Motion to amend by Pelicaric to strike the 11th meetingand replace with the 18th

a. 2d by Sidhub. Voice Vote- Passes

2. Motion to approve as amendeda. Discussion: On Audiob. Question called by Sidhuc. Voice Vote- Passes

3. Voice Vote with amendments- PassesIX. Old Business

a. 581112-003 - Senate Bylawsi. Motion to table by Banks

1. 2d by Drake2. Voice Vote- Passes

ii. Motion to reconsider Solana Patterson-Ramos for a sena tor byBanks

1. 2d by Pelicaric2. Voice Vote- Passes

b. 581112-005- Staff Summer U-PASS Acti. Discussion: On Audio

ii. Motion to table by Webb and create an ad-hock committee1. 2d by Stoll2. Motion withdrawn

iii. Motion to table indefinitely by Webb1. 2d by Ridgeway2. Discussion: On Audio

iv. Motion to call the question by Webb


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1. Voice Vo te- Passe sv. Voice V ote to ta ble : Pass es.

X. New Busi nessa. SB1112-008- Uni versit y S tu dent C ourt B udg et

i. Discuss ion:On Aud ioii. M otion to app ro v e b y S idhu

1. znd b y Stolliii. M otion to amend theline it em for A ssi s ta n t C hief Ju stice to

iv.

$7500 b y Ban ks 1. znd by Sid hu2. Voice V ote- P asses

Roll Call Vote - Passes1. Bank s-A ye 2. B ro w n-A ye3. Dra ke -A ye4. Gre en -A ye5. Kern -A ye6. Lud wig-Aye7. M eth u-Aye8. Patters on-R amos- Aye9. Pecor- Aye10. Pelicaric - Aye11. Ree ves- Aye12. Ridg ew ay- Aye13 . R osner- Aye14. R oth- Aye15. Schultz- Aye16. Sedar- Aye17. Sid hu - Ay e18. Stoll- Aye19 .W eb b-A y e


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b. SB1112-009- SAB ud ge tAdjustmenti. D is cu ss ion:OnAud io

ii. M oti on to approvebyD ra ke1. 2ndbyD ra ke 2. Voice Vote- Fails3. Ro ll Call Vote- Passes

a. Banks -A ye b. Brown-Ayec. D ra k e-A y e d. G reen-A y e e. K e rn -A y e

.f. L udw ig-A yeg. M e th u -A y e h. Pa tt e rso n -R a m o s- Aye i. Pecor- Ayej. Peli ca ri c - Ayek. R ee ves-A y eI. R idgew ay- Nay m. R osner- Ayen. R o th -A yeo. Schul tz - Ayep. Sedar-Ayeq. Sid hu- Ayer. Sto ll- Aye s. W e bb -A y e

c. SB1112-0 10-Sha red G ov ernance Polic ies and Proceduresi. D is cussi on : On A ud io

ii. M oti on to approveby Stol l1. 2nd by Sid h u2. Voic e Vot e- Passes

. ' ' .


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d. SB1112-011 .., Independent Election Commission Bylawsi. Discussion: On Audioii. Motion to approve by Pelicaric

1. 2d by Stoll2. Voice Vote- Passes

e. Committee Elections:i. Council of Diversity & Inclusion: 2 Seats

1. Rick Banks*2. Tereza Pelicaric*3. Solana Patterson-Ra!llos4. Alexandria Seda r5. Mathew Rosner

a. Ballot Vote for 2 Seats:i. Tereza Pelicaricii. Rick Bal)ks

ii. Student Life & Interest Committee: 5 Seats1. Mike Schultz2 . Matt Rosner3. Solana Patterson-Ramos4. Tom Roath

a. Motion to package and approve by Banksi. Voice Vote- passes

f. Committee Appointments:1. Motion to package and approve by Banks2. Motion to reconsider the approval of the agenda

a. 2d by Pelicaricb. Voice Vote- Passes

3. Motion to reconside r the agenda to add under academicmisconduct Mike Schultz by Webb

a. 2nd by Schultzb. Voice Vote- Passes

4. Motion to package and approve all committeeappointments by Banksa. Voice Vote- Passes

ii. Council of Diversity & Inclusion:


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1. Brandon Methu*2. Brent Johnson*3. Michael Schultz*4. David Sidhu*5. AlexKostal*iii. Student Life&In te res t Committee:1. Evita Sauceda*2. AlexKostal*3. Brent]o hnson*4. AndrewHapka* .

iv. Ath letic Board: 1. RachelN euberg er2. Heidi LynnNies podzany3. Mary Wandolowsk i4. Sarah Wardecke v. SAC:1. Dan Laughland

vi. Lib ra ries Committ ee:1. DanLaughland

vii. Assi sta n t Dean Sea rch andScre en:1. LianHorbinski2. GaryChamont Waymire-Cooperviii. Advisory Committeeon Educational Technology:1. Dan Laughland 2. RickBanksix. In fo rmatio nTechno logy Policy Committee:1. Dan Laughland

x. Non-Academ icM isconduct HearingCommittee:1. Dan Laugh land2. Arrin gton Stoll

xi. Recreational Sport s and Fac ilities Board:1. Rick Banks 2. Michael Ludwig3. AnthonyDeWees4. Bre nt Greenxii. Par king and Transit Overs ight Committee :1. RickBanks2. Brent Green

xiii. Are naBuildingC


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1. Dan Laughland2. Anthony DeWees3. Nick McCall

' 4. Arrington StollUnion Policy Board:.VI. 1. Anthony DeWees*

xvii.2. David Sidhu*3. Jesse BrownBoss Search and Screen:1. Angela Langxviii. Division of Student Affairs UBR Search and Screen:1. Rick Banks

XI. Questions and Concernsa. Discussion: On Audio

XII. Adjournmenta. Motion to adjourn by Sidhui. 2d by Stollii. Voice Vote- adjourned

*Previously an interim appointment

\__ -


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12 --- -- -- -- --- -- -- -- -- -- -- --- ---- -- -- -- -563 I SA Accountability Act456 BEITRESOLVED THAT, ArticleVSection 1 Cof the Independent Election Commission Bylaws be7 stricken, and ; 8 BEIT RESOLVED THAT;ArticleVII of theIndependentElection Commission Bylaws beamended9 toread:

10 Article Vll - Recall Elections11 Section 1- Procedures12 A. Recall election requests shallbemadeonlyafter four monthsof the new13 administration taking power,14 15 B. Thepetitioner shall present a claimoutlioing the reasons for the recall request to16 the electionscommission,1718192021222324252627

C. The recall peti tion must beverifiedbythe Commissionandmust containtheamount of signatures requiredaccording towhatisspecifiedinthesectioncorresponding tothe.typeof recall election,D. Thesignatures obtainedmust beverifiedbythe Dean ofStudents.E. Upon the successful completion of a recall petition, theComm ission wil lset thedate, bya2/3 majorityvote, for a special election, which shall not be more than30daysafterthe petitionisverified.

28 Section2- Petitions2930313233

A. At thetop of eachpagetheremust bea statem ent outlioingtheaccusations againstthe aswell as the candida te's name, andhis or her office. B. Petitions must havethe student'sname, signature, schoolorcollege,date, and hisorherstudent !.D.number.

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C. The statute of limitations on such a petition shall be 30 days from tbe date it isinitiated .D. The amount of signatures required to initiate a recall election on any electedofflcial is tbe same amount of ballots 'tbat were casted for tbe election oftbe Office ofPresident/Vice President in tbe most previous election.

10/IY/11Rick Banks DateSpeaker oftbe Senate

Legislative History

l i ~ l ! o 1 t ~ K ~ t 0AYE

\I. J1 { luDate

GJserrJ- --NAY

December 41 2011-lntroduced by Senator Rosner1 Cosponsored by Speaker Banks, Senator, Senator ludwig, Senator Grow, Senator laugh land,Senator Ulbel, Senator Brown.: Deputy Speaker Pellcarlc, Senator F a l ~ senator Rodriguez; PasSed by Senate ,


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5 ~ - - - - - - - - - - - - ~ - - - - - - - - ~ - - - - - - ~ - - - - ~ 6 d. .R_,n.leili!s!!!!!IC!!.o!!..ll.m78 Senate Oversightand RulesCommittee Bylaws9 StudentAssociation .

10 University ofWisconsin-Milwaukee1112 Artic leI - M embers .13 The Senate OversightandRulesCommittee(SORC) shall have9 memb

ers, 7voting.14 Oneseatshallbefor the. SpeakeroftheSenate, Jour shall befor otherSenators,

twoshall15 be for non-SAofficers,oneshallbeanex-officioandnon-voting seat for amem

berof16 the UniversityStudent17 Courtand oneshall beanex-officioandnon-votingseat for theSAPresidento

r18 Presidential designee fromthe Executive Branch.1920 Art icle I I - Meetings .21 'T he SORC sball meetwheneveramatter isreferredto themfrom theSenate . This

22 meetingmusttakeplacewithin14days.ofthematterbeingreferred, un

less otherwise23 specif iedby theSenate.2425 Arti c le ElectionoftheChab:'/ViceChair .. .26 TheSORCshall atItsfirstmeetingelect theChairandViCe:Chair,2728 Article IV- Duties29 Section 1 -Comm itte e 30 A. The SORC shall hear appealsof demerit points31 B. TheSORCshall hear appealsofautomaticremovals32 C. TheSORCshall have the authoritytoyouassigndutiesto itsmemberspe

nding33 thememlx:r'sapproval, .

. 34 n: The SORC shall investigateallStudent ASsociationOfficersagainst whoma35 grievance hasbee!lfiled andbringtbembefore theSenate for possible removal,36 E. TheSORC,priortoaSenatconfirmationvot, shall have th

epowertoholda37 separate confirmationhearingon the candidate ln question. 38 F. Tbe SORC shall havethepower toinvestigateandrecommend revisions

and39 amendmentsofthtiSACons.titution and allSAGoverningDocu

inents,4041 Section2 - Chair 42 A. TbeChairshallhave the dutyofchairingSORCmeetings.

.43 B. TheChait shallhave the duty ofnotifymgindividualsofinvestigations,

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1 conductingall accumulation of acts, :presentingSQRCinvestigation findingsat2 Sena\emeetings,andoperatingaSprosecutorduring-hearings.3 c. The Chair shall have the dutyof calling SoRCmeetings.45 Section 3 ViceChair6 A. TheVice Chair shallhave .the dutyoftaking minutes at SQRCmeetings,unless7 anothermemb!)ris designated, andpostingthem within72 hours of hemeeting.8 B. TheVice Chairshall. have theduty of delivering alldecisionsby theSORC to the9 Secretary of the Senate in the formof a letterdrafted and signed by theChairand10 approved by thecommittee, . . . .11 C. The ViceChairshall have the duty ofnotifyinga member in by' email of 12 a removal hearing. ' . . . .13 n. In the eventthe chairisabsent, thevice-chairwill assumethe duties ofthechalr.1415 ArticleV- DueProcess16 Section 1 -P roc edur es

17 A . AllSQRC investigations and hearingsshall follow dueprocess.18 13. Due process shall be de'fined as: 19 1. Grievance isfiled .20 a, Grievance shallbe defined as:21 1. Awritt!lncomplaint against anSAofficialisignedbythe22 complainant, including reasons for thegrievance, or23 2. Amotion at aSenate meetingto forward an SAofficial to24 SQRCfo rinvestigation 25 b. Allgrievances.shall begivento the Chair orVice ChairOf SORC26 2. Chair notifies party(ies) of hearingdate, sei fornosoonerthim sevendays27 after .notification .28 3, Allparties shall be affordedanoppottunityto prese nta cas efor 29 themselvesat the hearing30 4. Failure to attend the !Jearingby aparty, with theexception of31 extraordif1arycircumstances, shall not halt the hearing proceedings32 5. Allhearing results aqd recomm endations shall bepresentedbeforethe33 Senate at thenext scheduled meeting 34 35 Section2..;.Recusal36 A.ny SORC member who is him/herselfthesubject of ahearingmust recuse him/herself37 from the committeeforalldealltigswith that matter. 3839 Article VI...: Removal of SORC members 40 Section 1 -Auto matic Removal41 a. Miss1ng3 shallconstituteautomaticremovalofa mem ber42 from their seat. _ __ . 43 b. Failure of SORC members to recuse .themselves froma-hearfug of Which theyale44 aparty. 4546 Section 2 - Grounds for removal

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1 a. Missing 2 consecutive meetings unexcused shall 'constitute groun9s for removal, 2 b. Missing 5 meetings total regardlesS: of excused or unexcused shall constitute3 grounds for removal. 4 c. Not upholding duties as stated herein or delegatedvia the Co mmittee shall5 constitute grounds for removal.6 d. No SORC member shall be penalized for missing a meeting during June, July, or7 August.89 Section 3 -Procedure . . .

10 a. Once a member qualifies for removal, th e committee shall have a removal he aring11 at the next 12 b. The Vice :chair shall notifyby email. the m emb er in.questimi of the re moval .13 hearing. Ifhe vice-chair is the mem berin quest ion, the chair sh&Jl have the duty14 of notification.15 . c. T he member in question shall be allowed to give a statement in this hearing.16 d. The committee shall vote on removal with a 2/3majority being required for17 removal.1819 Article VII-Investigation s20 Sect ion 1 - G uidelines21 a. In the event the Senate requests an investigation, the SO RC must conduct its22 investigation and deliver its report to the Senate within 15 school days of the23 co nclusion of the mee ting at which thidnvestigatlon took place. I f necessary, the .24 Senate may extend this time limit. .25 b. To ensure a fa lr and full.investigation, SO RC shall have. the authority to subpoena26 any documentation,individuals, and/or m aterials it deeins as evidence .relevant to27 the n v e ~ t i g a t i o n .2829 Article VIII-Amendments to the By-Laws30 Changes to SORC bylaws ina y be. made with the approval o2/3 Senate3132333435363738394041424344

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Retu rned Unsigned .Jay Burs eth P resident

Became eff ect ive i' lli 7/0 91:00PMDate:

Legislative HistoryNovember 15-lntroducedby Senate Oversight and Contrnlttce Chajrwoman Adamczyk

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Fwd:

From : Rick L Banks Subject : Fwd:

To : 'Dakota Ray Hall' ----- ForwardedMessage -----From: Matthew Rosner To: [email protected]: Wed, 03 Apr2013 19:01:16 -0500 (CDDSubject:Hey Rick,

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Frl, Apr05, 2013 03:44 PM

The Intention ofthis legislation was toease the recall restrictionsand tostrikethe provision requiring six-months ofexperience In the StudentAssociation In order to run for President or Vice-President.Sincerely,MatthewRosner

..t/-C;:/")f\11 A-11 D11..f

Documents

USC1213-004 Dakota Hall v. Student Association of UWM Senate