Cuesta College Student Life & Leadership: ASCC Constitution

Associated Students Constitution

Preamble

We the students of Cuesta College, in order to promote the general welface of students, to promote the equality of opportunity among student activities as permitted under the rules, regulations and policies of the State of California and the Board of Trustees of the San Luis Obispo Community College District, do ordain and establish this Constitution of the Associated Students of Cuesta College.

Article I. Name

Section 1.

This organization shall be known as the Associated Students of Cuesta College, herein referred to as the ASCC.

Section 2.

Insignia and Colors

1. The official colors of Cuesta College shall be green, black and white.
2. The mascot of Cuesta College shall be the Cougar.

Article II. Membership

Section 1.

Active Membership

1. Students officially registered, attending classes and having paid the Associated Student fee shall be members of this organization.

Section 2.

Honorary Membership

1. Honorary membership may be granted to members of the District Board of Trustees and Cuesta College staff by appointment of the Student Senate. Other honorary members may be appointed by the Student Senate.

Article III. Officers

Section 1.

Official Positions

The Executive Cabinet officers of the Associated Students shall be the President/Student Trustee; Vice President (Chair); Finance Director; Activities Director; Public Relations Director; Clubs Commissioner; Secretary; any other positions deemed necessary by prior approval of the President/Student Trustee and the ratification of Senate; and the ASCC Advisor(s) who serve as non-voting ex officio members.

1. The Executive Cabinet Officers that are elected in a general election each spring are the President/Student Trustee and the Vice President.
2. All other Executive Cabinet positions, and any other positions deemed necessary by prior approval of the President/Student Trustee and the ratification of Senate, will go through an interview process with the Confirmation Committee before being approved by Senate.
   1. Any student who is an active member of ASCC, with an overall cumulative G.P.A. of 2.0 or better, and is in good standing according to Title V, Education Code, may apply for any Executive Cabinet position.
   2. The interviews will be conducted after the general election in spring and approved at the last Senate meeting of the spring semester. Any Executive Cabinet position vacancies can be filled on an ongoing basis, after going through an interview with the Confirmation Committee and approval of Senate.
   3. The members of the Confirmation Committee will be made up of the newly elected President/Student Trustee, two (2) current Executive Cabinet, three (3) appointed members from Student Senate, and the ASCC Advisor(s) who serve as non-voting ex officio members.
3. The Executive Cabinet officers shall serve a term no to exceed one (1) academic year.

Section 2.

All Executive Cabinet candidates shall have completed at least 12 units at Cuesta College, with an overall cumulative G.P.A. of 2.0 or better, and shall be in good standing according to Title V, Education Code, during entire tenure.

Section 3.

The President/Student Trustee and Vice President candidates must be registered voters in San Luis Obispo County and show proof of registration during the election process.

Section 4.

Once elected or appointed, the members of the Executive Cabinet shall hold office for one (1) academic year ending each May and shall maintain ’’‘and complete at least nine (9) units each semester at Cuesta during their term. (Judicial Council April 10, 1997)

Section 5.

Members of the Judicial Council shall be recommended by faculty each year and be interviewed by the ASCC Advisor(s) before being confirmed by the Senate.

Section 6.

Justices shall hold their office as long as they are a regular continuing student at Cuesta College, and maintain a minimum of nine (9) units each semester.

Section 7.

Justices shall carry an overall cumulative G.P.A. of 2.0 or better at the time of their appointment and during their entire tenure, and be in good standing according to Title V, Education, and shall not be placed on progress probation at any time during their tenure.

Section 8.

Special elections for elected officers may be held each semester if warranted under the direction of Election Code Bylaws.

Section 9.

Dates and procedures for elections shall be set down in appropriate bylaws.

Section 10.

Qualifications

1. All Student Senators and Executive Cabinet Officers are required to enroll and participate in Leader 62 for the semester(s) they are in office.
   1. After completion of four semesters of Leader 62, Executive Cabinet Officers and Senators may hold office without enrolling in the structured leadership program.
   2. Students will still be required to fulfill the requirements of their position.
2. It is strongly recommended that student Senators and Executive Cabinet Officers who do not have previous student government experience enroll and participate in Leadership 61A and/ or 61B for nine weeks.
3. The members of Student Senate will have no less than a 2.0 cumulative GPA at Cuesta or a previous educational institution, and will be in good standing according to Title V, Education Code, during their entire tenure.
   1. If the cumulative GPA from the previous semester falls below a 2.0, the Executive Cabinet Officer, Senator, or Justice will be considered a volunteer to the organization.
4. Once elected or appointed, the members of Senate shall hold office for one (1) academic year ending each May and shall maintain and complete at least nine (9) units each semester at Cuesta College during their term. (Judicial Council April 10, 1997.)

Section 11.

ASCC Fee

All Student Senators, Executive Cabinet officers, and Judicial Council members, must have paid their ASCC fee each semester. Failure to do so will result in termination.

Article IV. Legislative Powers – Student Senate

Section 1.

The Legislative power of the Associated Students shall be vested in a Senate presided over by the Vice President.

1. The ASCC President/Student Trustee and Vice President shall be non-voting members in Student Senate decisions. The Vice President can only vote in the event of a tie, by ballot or to change the outcome of the vote. The ASCC President/Student Trustee and Vice President will have the power to cast one vote each in any Executive Cabinet decisions.

Section 2.

The Student Senate shall be composed of those individuals who meet the qualifications in Article III, Section 10, and qualified voting club representatives from all approved clubs on campus. The ASCC Advisor(s) shall serve as non-voting ex officio members.

1. Those students who meet the qualifications to be a Senator or Executive Cabinet officer may assume voting privileges at the first Senate meetings in the fall and spring semesters.
   1. Those qualified students must be elected or appointed to be a Senator or to hold an Executive Cabinet position by the fifth meeting of each semester to maintain their vote.
2. Student Senate members shall each have the power to cast one (1) vote on Student Senate decisions regardless of the number of positions held within Senate. In the event that a Senator misses three (3) consecutive classes and/ or meetings or five (5) total in the course of a semester, the Senator will forfeit their voting privilege for the remainder of the semester and be considered a volunteer to the organization.
   1. An absence will be defined as a failure to be present within at least thirty (30) minutes after the meeting is called to order. This will apply to regularly scheduled Student Senate meetings, Executive Cabinet meetings, class meetings, special meetings, and committee meetings.
   2. If the person is present for less than half of the meeting, it will be defined as an absence.
3. All clubs and organizations must be officially recognized by the Student Senate. This recognition, granting an official charter, remains in effect for a period of one academic year.
4. It is required that every voting club have one (1) representative in attendance at each Student Senate meeting, with an alternate available in the absence of the representative. These positions must be approved by the Senate at the beginning of each semester. The representative is entitled to one vote and will be required to carry the same responsibilities of Senators (i.e., hold club office hours, attend retreats, maintain active Senate meeting attendance, and present constituency feedback prior to casting their vote). In the event that the club representative or alternate misses three (3) meetings in a row or five (5) meetings throughout the semester, the club will forfeit their voting privilege for the remainder of the semester. In addition, in order to be a voting club representative on Senate, the club shall meet the following criteria:
   1. Have at least five (5) members and maintain the minimum throughout the semester.
   2. Provide monthly reports or minutes, signed by the advisor on activities and club status at the end of each month.
   3. Provide monthly documentation of its membership and verification of ASCC fees paid by membership at the end of each month (for the purposes of requests from the clubs for ASCC funding).
   4. Provide documentation of rules (i.e., constitution and bylaws).
   5. All paperwork shall be in order and on file in the Student Life & Leadership office.
   6. Failure to comply with any of the above will result in the loss of both voting privileges and access to any ASCC/Club Development Funds for the remainder of that semester.

Section 3.

The Senate shall approve all recommendations made by the Confirmation Committee with a two-thirds (2/3) majority vote with all abstentions going to the affirmative, and shall confirm such recommendations.

Section 4.

The Senate shall be the judge of the elections, returns, and qualifications of its membership and a 50% plus 1 majority of its membership shall constitute a quorum to do business.

Section 5.

The Senate shall keep a journal of its meetings and shall publish these records within the time allowed by California Law after each meeting. The Senate shall meet at least once a week throughout the regular college semester, except at times of vacation or legally established holidays.

Section 6.

All programs for raising and/or disbursement of revenue shall be approved by the Senate. The Senate shall be responsible for approval of the budget.

Section 7.

All decisions that initiate from the Senate shall go to the President/Student Trustee for approval before they become law. If the President/Student Trustee approves, the law shall be signed; but if not, the President/Student Trustee shall return the law to the Senate with the objections stated for reconsideration. The Senate may then, in reconsideration, by two-thirds (2/3) vote of its membership, pass the measure again and make it law.

Section 8.

Senate Powers

The Senate shall have the power to:

1. Make legislation it deems necessary for the transactions of the Associated Students.
2. Establish the Associated Student Body Fee.
3. Constitute courts inferior to the Judicial Council.
4. Make rules for the student government and regulation of the established budget.
5. Approve requests of the Associated Students from the College administration.
6. Promote the progress of useful arts for the general welfare of the Associated Students.
7. Enact impeachment proceedings against any appointed or elected officers of the Associated Students.
8. Call special elections by two-thirds (2/3) majority vote.
9. Approve chairpersons for ASCC standing committees and other ASCC appointed positions.
10. Discipline their own members in accordance with the guidelines of this Constitution and bylaws.
11. Hold weekly meetings throughout the academic year, having minutes of these meetings available to the public. A quorum would have to be present in order for a meeting to occur. A quorum consists of 50% plus 1 of current members of Student Senate.
12. Confirm and approve Judicial Council members recommendations made by faculty and presented by the ASCC Advisor(s).
13. Approve a budget annually in a joint session with the Executive Cabinet.

Article V. Executive Powers – Executive Cabinet

Section 1.

The President/Student Trustee of the Associated Students shall be the official representative of the ASCC and preside at all meetings of the Executive Cabinet. The President/Student Trustee of the Associated Students shall be the Student Trustee of the San Luis Obispo Community College District Board of Trustees. The President/Student Trustee shall also perform such other duties as pertain to the office.

Section 2.

The Vice President shall chair the Student Senate Meetings and be the Associated Students representative to off-campus organizations as deemed appropriate by Executive Cabinet. The North County Executive Chair shall chair the North County Student Board meetings and shall serve as the ASCC representative to North County off-campus organizations as deemed appropriate by Executive Cabinet. The Vice President shall chair the Student Senate Meetings and be the Associated Students representative to off-campus organizations as deemed appropriate by Executive Cabinet. The North County Executive Chair shall chair the North County Student Board meetings and shall serve as the ASCC representative to North County off-campus organizations as deemed appropriate by Executive Cabinet.

Section 3.

In case of the removal of the President/Student Trustee from office, the duties of the office can follow a succession order:

1. Vice President
2. The Executive Cabinet may appoint an Executive Cabinet officer or Senator to the position by majority vote of Executive Cabinet.
3. The Executive Cabinet and Senate in a joint meeting may call a special student body election with a simple majority vote to fill the vacancy.

Section 4.

The President/Student Trustee shall, before the Senate, at an appropriate time (each regular semester), give information relative to the state of the Associated Students and such measures as judged necessary and expedient.

Section 5.

The President/Student Trustee shall, with the Executive Cabinet, be responsible for formulating and directing programs as established in the current budget. The President/Student Trustee shall, with the Executive Cabinet, make recommendations for the addition or deletion of Executive Cabinet positions.The President/Student Trustee shall, with the Executive Cabinet, be responsible for formulating and directing programs as established in the current budget. The President/Student Trustee shall, with the Executive Cabinet, make recommendations for the addition or deletion of Executive Cabinet positions.

Section 6.

The President/Student Trustee shall have the power to conduct Associated Students business during times of vacation or holidays when the Senate does not meet regularly, but is answerable to the Senate for these actions, and must provide a report for those decisions when Senate reconvenes.

Section 7.

Executive Cabinet Powers

The Executive Cabinet shall have the power to:

1. Enforce the Constitution, rules, regulations, and the policies of the Associated Students.
2. Establish policies for organizations and individuals of the Associated Students pertaining to Associated Students functions with the aid of Senate.
3. Bring issues before the Student Senate for a vote.
4. Administer the obligations of the Associated Students.
5. Approve a budget annually in a joint session with the Senate.
6. Advise organizations and individuals of policies and regulations of the Associated Students and Cuesta College in general.
7. Represent the Associated Students to the San Luis Obispo Community College Board of Trustees, the Cuesta College administration, staff, faculty, and the communities of San Luis Obispo County.
8. Hold weekly meetings throughout the academic year, having minutes of these meetings available to the public. A quorum would have to be present in order for a meeting to occur. A quorum consists of 50% plus one (1) of current members of Executive Cabinet.
9. Be responsible for having a secretary take, type and distribute minutes of all ASCC Student Senate and Executive Cabinet meetings and/or other duties relevant to ASCC in the absence of an appointed secretary.
10. Appoint new, revised, or positions left vacant as voting or non-voting members of Executive Cabinet and Senate. Any appointments must be ratified by Senate.
11. Originate programs for raising and/or disbursement of revenue to be presented to Senate for approval.
12. Have a vote on the Senate except the President/Student Trustee and Vice President per Article IV, Section 1A.

Article VI. Judicial Powers – Judicial Council

Section 1.

The judicial power of the Associated Students shall be vested in one (1) court and in such inferior courts as the Senate may establish.

Section 2.

The Judicial Council shall have no more than one (1) chief justice and four (4) associate justices, shall meet when required to conduct proceedings. The court shall consist of five (5) justices and four (4) alternates. A staff person will be appointed as an advisor by College administration.

Section 3.

At no time shall any court have more than two (2) justices who hold membership in the same organization on campus, except honorary scholastic organizations, and no justices shall hold office in any campus organization.

Section 4.

The Judicial Council shall have the power to punish in all matters brought before the judiciary pertaining to the Associated Student Body, including expulsion from the Associated Student Body and any lesser measure.

Section 5.

The Judicial Council shall interpret and review those laws which are enacted.

Section 6.

The Judicial Council shall have the appellate jurisdiction over the following matters:

1. Complaints against the Student Senate and/or its authorized representatives.
2. Interpretation of the Associated Students Constitution, bylaws, rules, policies, or regulations.
3. Complaints against any student or student organization.

Section 7.

The Judicial Council shall have the right to review complaints against the Cuesta College staff and may submit the complaint to the Dean of Student Services.

Section 8.

The Chief Justice shall preside over impeachment proceedings of any appointed or elected officer of the Associated Students.

1. The ASCC Judicial Council shall have original jurisdiction over the impeachment of any Student Senate or Executive Cabinet member.

Article VII. Amendments, Recall, Impeachment, Initiative, Referendum, and Procedural Rules

Section 1.

Amendments

This constitution may be amended by a two-thirds (2/3) majority of those voting in an all-campus election, providing that:

1. The amendment was approved for the election by approval of the Senate by a two-thirds (2/3) majority of those voting, or
2. Fifteen percent (15%) of the regular, active members of the Associated Students sign a petition requesting the amendment and present it to the Judicial Council. After the signatures have been verified, the Elections Board will make provisions to place the amendment on the ballot at the next election.

Section 2.

Recall

A method of removal of a public official in which power of removal is either granted to or reserved by the people. Right or procedure by which a public official may be removed from office before the end of his term of office by a vote of the people to be taken on the filing of a petition signed by a required number of qualified voters. (Black’s Law Dictionary, Fifth Edition, 1979.) Any elected or appointed officer of the Executive Cabinet or Student Senate shall be subject to recall for any reason.

1. Any active member of the Student Body has the right to petition for recall of any Executive Cabinet member.
   1. The petition must be signed by 10% of the active ASCC members and presented to the Judicial Council within two (2) weeks of the filing of the petition.
   2. The affected officer shall be notified in writing of the proposed action and by the instigator of the recall petition within five (5) days of presentation to Judicial Council.
   3. Upon the filing of the recall petition, it becomes the property of the Student Senate and is subject to Public Information.
   4. The petition will be presented to the Judicial Council with the initiator of the petition or representative from one of the 10% of the active ASCC members’ signatures. The petition initiator or representative must present their justification for recall.
   5. The Judicial Council will follow the public hearing rules and process.
   6. The Judicial Council must approve the petition by a three-fifths (3/5) majority vote in order for a recall election to take place.
   7. A recall election must take place within two (2) weeks of the Judicial Council public hearing. It is the responsibility of Student Senate to conduct the election following election code bylaws.
   8. Recall occurs after the election if there is a 50% plus one majority vote in favor of recall.

Section 3.

Impeachment

A proceeding against a public officer, before a judicial court, instituted by a written accusation. To charge a public official with a wrongdoing while in office (Black’s Law Dictionary, Fifth Edition, 1979). Any Student Senate or Executive Cabinet member may be charged with misconduct or neglect of duty by another Senate or Executive Cabinet member and can be subject to impeachment.

1. Misconduct. Misconduct is defined as those acts pertaining to mismanagement of position responsibilities and/or funds.
2. Neglect of Duty. Unwillingness to comply with duties of elected position.
   1. A written petition must be initiated and signed by a two-thirds (2/3) majority of the active, voting members of the Student Senate stipulating the reasons for the desired impeachment.
   2. Upon presentation of the appropriately executed petition to the Student Senate, a hearing must be called and conducted by the Judicial Council within two (2) weeks.
   3. The affected officer shall be notified in writing of the proposed action and by the instigator of the petition within five (5) days of presentation to the Student Senate.
   4. Upon the filing of the petition, it becomes the property of the Student Senate and is subject to Public Information.
   5. The Judicial Council will follow the public hearing rules and process. The decision for impeachment rests with a three-fifths (3/5) majority vote of Judicial Council.

Section 4.

Initiative

Students may initiate legislation by filing a petition which would include the legislation and the signatures of five percent (5%) of the active members of the Associated Students, for an indirect initiative and ten percent (10%) for a direct initiative. After the signatures have been verified, the Elections Board will make provisions to place the measure on the ballot at the next election.

Section 5.

Referendum

There will be two (2) types of referenda. One type may be initiated by the students, the other by the Senate.

1. The Senate, by a two-thirds (2/3) vote of its constitutional membership, may resolve to place proposed legislation on the ballot for approval by the majority of votes cast.
2. Students may seek to have an act of Senate, with the exception of the approval of Presidential appointments, placed on the ballot by filing a petition with the signatures of fifteen percent (15%) of the full-time members of the Associated Students. After the signatures have been verified, the Elections Board will make provisions to have the legislation placed on the ballot. Such a petition must be filed within two (2) weeks from the time a measure is acted upon.

Section 6.

All proposals to be placed on the ballot must be submitted to the Judicial Council two (2) weeks prior to the next election.

Section 7.

All matters not covered in the Constitution shall be part of the bylaws. A bylaw shall be considered a definite part of the ASCC constitutional framework and shall carry the full weight of legal and regulatory powers.

Section 8.

Procedural Rules

1. Meetings of the student government are subject to the California Brown Act requirements.
2. The Student Senate and the Executive Cabinet shall use the current edition of Robert’s Rules of Order if not otherwise stated in this Constitution.

Section 9.

Enacting Clause

This Constitution shall become effective upon the approval and ratification of the Student Senate after the general election.

Section 10.

Other student rules, regulations, and conditions shall not be in conflict with this Constitution.