ASM Bylaws:
1. Section 1- General Principles
1.01- Prohibition of Office and Compensation Increase
1.02- Possession and Consumption of Alcoholic Beverages during the Meetings
1.03- Code of Conduct
1.04- Open Meetings and Records
1.05- Voting
1.06- Officers and Appointees
1.07- Chairships
1.08- Terms
1.09- Coordinating Council
1.10- Written Notice
1.11- Oath of Office
2. Section 2- Segregated Fees
2.01- Viewpoint Neutrality Compliance
2.02- Voting Rights
2.031- Internal Budgets
2.032- General Student Services Fund
2.033- Ancillary Fund
2.034- Administrative Budgets
2.035- Major Auxiliary Budgets
2.04- Conference Committee
2.05- Reserve Board
3. Section 3- Student Council
3.01- Representatives
3.02- Officers
3.03- Meetings
3.04- Legislation
3.05- Appointments
3.06- Summer Operations
3.07- Committees
3.08- Roll Calls
4. Section 4- SSFC
4.01- Purpose and Authority
4.02- SSFC Officers
4.03- Removal from SSFC Positions
4.04- SSFC Operations
5. Section 5- Student Judiciary
5.01- Purpose
5.02- Authority
5.03- Structure
5.04- General Hearing Procedures
5.05- Other Policies and Procedures
6. Section 6- Elections
6.01- Student Election Commissions
6.02- Candidates
6.03- United Council Standing Referendum
6.04- Poll Workers
6.05- Voting Procedures
6.06- Tabulation and Certification of Results
6.07- Complaints Concerning Election Validity
6.08- General Referenda, Initiatives and Recalls
7. Section 7- Staff
7.01- Staff
7.02- Search and Screen
Section 1. General Principles
Subsection 1.01 Prohibition of Office and Compensation Increase
1.01(1)-
No person may be appointed to or selected for any compensated position in the ASM if:
1) The position was created during the tenure of a Representative, Finance Committee member or SSFC member in the current or immediately previous legislative session; and
2) The person served as Representative, Finance Committee member or SSFC member when the position was created.
1.01(2)-
No person may receive the benefit of any compensation increase over 15% for a position in the ASM if:
1) The compensation increase was adopted during the tenure of a Representative, Finance Committee member or SSFC member in the current or immediately previous legislative session; and
2) The person served as Representative, Finance Committee member or SSFC member when the compensation increase was adopted.
1.01(3)-
Violation of paragraphs 1.01.(1) or 1.01(2) shall constitute malfeasance in office and be grounds for firing, impeachment or removal from all offices and positions held in the ASM.
Subsection 1.02 Possession and Consumption of Alcoholic Beverages during Meetings
1.02(1)-
Any ASM body shall be allowed to pass rules regarding possession of open containers of, or consumption of, alcoholic beverages by members of ASM, provided no official business is pending before the body.
1.02(2)-
If official business is pending, no alcoholic beverages may be possessed or consumed by
a member of the ASM at any ASM meeting.
Subsection 1.03 Code of Conduct
1.03(1)-
Each ASM body shall be responsible for establishing a Code of Conduct for individuals present at its meetings. The Student Council Code of Conduct shall stand as default for Student Council committees, and such committees may internally override the Student Council default. Such Code shall be established by a two-thirds vote.
1.03(2)-
The Code shall set rules for its internal enforcement.
Subsection 1.04 Open Meetings and Records
1.04(1)- Definitions
1.04(1)(a)- ASM body
ASM body shall means any council, committee, board, department, agency, commission or other body created by Constitution, Bylaw, resolution, bill, rule, order or other legislation.
1.04(1)(b)- Meeting
Meeting shall means the convening of members of an ASM body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference that is not intended to avoid this Article. A partisan caucus of the Student Council or other ASM body is not a meeting. A discussion or brainstorming of a tentative nature preliminary to focusing on a specific outcome, and which is not intended to evade the law, is not a meeting.
1.04(1)(c)- Open Session
Open session shall means a meeting that is held in a place reasonably accessible to all ASM members and open to all ASM members at all times.
1.04(1)(d)- Record
Record shall means any written, audio or video document or record, under the control of the ASM, of any business conducted by an ASM body.
1.04(2)- Public Notice
1.04(2)(a)-
ASM bodies must post an agenda outside the ASM office and notify members and those with business before the body via email of a meeting 24 hours before a meeting of the body.
1.04(2)(b)-
The Student Council may by two-thirds vote approve policies governing the public notice of ASM bodies above and beyond 1.04(1)(a).
1.04(2)(c)-
Every public notice of a meeting of an ASM body shall set forth the time, date and place of the meeting, in such form as is reasonably likely to apprise ASM members thereof, identify all bills, resolutions, main motions, or other legislation that will receive a vote at the meeting by number, if any, and a brief description of content or effect and further identify other subject matters in such form as is reasonably likely to apprise ASM members thereof, including an explanation that complete information on such bills, resolutions, main motions or other legislation is available in the ASM office.
1.04(2)(d)-
If an emergency or difficulty not engendered by the failure of an ASM officer, appointee or employee to comply with this section requires that a matter be considered without public notice at a meeting of an ASM body, then any action taken must be submitted for ratification at the next regular meeting of that body.
1.04(3)-
A meeting of an ASM body may be held in closed session for any of the following purposes:
1) Deliberating concerning a case which was the subject of any judicial trial or hearing before that ASM body;
2) Considering dismissal, demotion or discipline of any ASM employee;
3) Considering employment, promotion, compensation or performance evaluation of any ASM employee or applicant for employment;
4) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or investigation of charges against specific persons which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations;
5) Deliberating or negotiating the purchasing of property, the investment of funds, or conducting other business, whenever competitive or bargaining reasons require a closed session; and
6) Conferring with legal counsel of the ASM body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.
1.04(4)- Procedures
1.04(4)(a)-
Any meeting of a governmental body, upon motion duly made and carried, may be convened under one or more of the exemptions stated in 1.04(3). The motion shall be carried by a majority roll call vote. No motion to convene in closed session may be adopted unless the presiding officer of the body announces to those present at the meeting at which such motion is made, the nature of the business to be considered at such closed session, and the specific exemption or exemptions by which such closed session is claimed to be authorized. Such announcement shall become part of the record of the meeting. No business may be taken up at any closed session except that which relates to matters contained in the presiding officer's announcement of the closed session.
1.04(4)(b)-
Any meeting where a financial decision occurs must be audio taped. No official financial business may occur at any meeting that was not taped.
1.04(4)(c)-
Meeting minutes shall accurately and in detail reflect which members of the body were present for any meeting of an ASM body. They must also reflect the speakers and the substance of speeches and debates in Open Forum and by the members of that ASM body.
1.04(5)- Interpretation
1.04(5)(a)-
This section shall be interpreted to guarantee the greatest possible access for ASM members to meetings of ASM bodies consonant with the privacy of individuals and the reasonable efficiency of the body.
1.04(5)(b)-
Precedents and rulings under the Wisconsin Open Meeting laws shall be persuasive in interpreting this section.
1.04(5)(c)-
The Secretary of the Student Council shall be responsible for all open records requests; presiding officers of ASM bodies, and the Secretary for the Student Council, shall be required to maintain all records covered by this section and provide them to the Secretary upon notice of filing of a records request.
1.04(6)- Financial Records
1.04(6)(a)-
All financial records concerning funds subject to this Subsection must be kept for one year after the end of the academic year in which the funds could have been spent.
1.04(6(b)-
Copies of all financial records kept in a digital format shall be made available within two school days of a written request. All other financial records shall be made available within five school days of a written request.
1.04(6)(c)-
Financial records include all documents given to or created by an ASM body making a financial decision including, but not limited to:
1) Any audio recordings of hearings or meetings required to be made;
2) Any applications and attachments to the applications;
3) All evaluation forms used by the ASM body; and
4) Any final written decision of the ASM body.
1.04(6)(d)-
All members of an ASM body making a Grant Allocation Decision must use a standardized evaluation form. The ASM body must approve the form being used at least one week prior to the hearing where the form will be used.
1.04(6)(e)-
All applications kept in a digital format shall be made available via the official ASM website within 10 school days of the filing of the application and within 5 school days of the first committee decision on the application. All decisions shall be available on the official ASM website within 10 school days of the decision.
1.04(6)(f)-
All decisions of the Finance Committee and applications for Finance Committee funding shall be filed in a digital format suitable for publication on the ASM website.
1.04(6)(g)-
All financial records concerning event or travel grants shall be kept for one year from the date of the event or travel.
1.04(6)(h)-
All financial records concerning any other grants shall be kept for one year from the end of the fiscal year in which the funds were available.
1.04(6)(i)-
All Event Grant Evaluation forms shall be created and approved each semester prior to any decisions on event grant funding to be disbursed during that semester.
1.04(6)(j)-
All Operations Grant Evaluation forms shall be created and approved prior to the hearings to award Operations grants for the next fiscal year.
1.04(6)(l)-
All other grant evaluation forms shall be created and approved each year prior to any decisions on travel grant funding in any fiscal year.
Subsection 1.05 Voting
1.05(1)- Basis for Determining Voting Results
1.05(1)(a)-
In plurality voting, the candidate or proposition with the highest number of votes wins.
1.05(1)(b)-
A majority vote requires more voting in favor of a question than those against, excluding abstentions.
1.05(1)(c)-
A two-thirds vote requires at least two-thirds of the available votes, excluding abstentions.
1.05(1)(d)-
A three-fourths vote requires at least three-fourths of the available votes, excluding abstentions.
1.05(1)(e)-
Abstentions shall not count against the total number of votes when determining results.
1.05(2)- Cumulative Voting Process
1.05(2)(a)-
Cumulative voting shall be used when appointing multiple seats.
1.05(2)(b)-
In cumulative voting, representatives are entitled to a number of votes equal to a simple majority of open seats. Representatives may distribute votes in any combination among candidates.
1.05(2)(c)-
The secretary or equivalent officer of the body shall track all voting. With a two-thirds vote, the body may request to have the on going vote count displayed during voting.
1.05(2)(d)-
Representatives may change their votes when the presiding officer asks if anyone wants to change their votes. All representatives interested in changing their votes shall declare their intention to do so, and this decision is binding. After all declarations have been made, then the secretary or equivalent officer should go through the roll and record the new votes.
1.05(2)(e)-
The candidates, ranked by the highest number of votes, equal to the number of open seats are approved. Cumulative voting is presumed to be by plurality unless otherwise stated.
1.05(2)(f)-
In the case of tie of the lowest vote getters that are approved, where advancing/approving both candidates exceeds the number of seats, the body should conduct a run off election for those candidates.
Subsection 1.06 Officers and Appointees
1.06(1)- Definitions
1.06(1)(a)- Officer of the ASM
Officer of the ASM shall refer to anyone holding office by election of the members of the Associated Students of Madison and to the Student Justices.
1.06(1)(b)- Appointee
Appointee shall refer to anyone serving in a position by appointment of the Student Council, except those deemed officers under paragraph 1.06(1). ASM members appointed to student/faculty committees shall be deemed appointees.
1.06(1)(c)-
Officers and appointees may resign from their office or position upon written and signed notice delivered to the Student Council Chair. Resignations shall take immediate effect upon delivery unless the notice states a different effective date.
1.06(2)- Impeachment of Officers
1.06(2)(a)-
The Student Council shall have the sole power to convict on bill of impeachment any officer of the ASM, in accordance with the procedures specified in Article VII, Section 6(g) of the Constitution.
1.06(2)(b)-
The accused officer shall be given written notice of the impeachment proceedings at least one week prior to the proceedings. The notice shall specify the offense of which the accused is alleged to be guilty, what the accused is alleged to have done and the date, time and place of the proceedings.
1.06(2)(c)-
The accused officer shall have the right to be represented by any member of the ASM, to speak, to produce witnesses for the defense and to cross-examine any witnesses against him or her.
1.06(2)(d)-
No officer may be impeached for making a Viewpoint Neutral Financial Decision in a viewpoint neutral manner or for insisting that a Grant allocation decision be made in a viewpoint neutral manner.
1.06(3)- Removal of Appointees.
1.06(3)(a)-
Appointed Student Council Representatives may be removed upon motion made and carried by a two-thirds vote of the Student Council, excluding vacancies. The Representative shall be given written notice of the removal at least one week prior to the proceedings.
1.06(3)(b)-
The Officers of the Student Council, appointees to the SSFC and Student Council committee chairs may be removed from those positions by a vote of the majority of the Student Council, excluding vacancies, at two consecutive regular meetings, and must be removed from their position as an officer or chair prior to their removal from a council or committee. Just cause need be shown for removal.
1.06(3)(c)-
Appointees to the Finance Committee may be removed by a vote of the two-thirds of the Student Council, excluding vacancies. Just cause need be shown for removal.
1.06(3)(d)-
Shared Governance Appointees may be removed by a vote of the majority of the Student Council, excluding vacancies. The individual to be removed shall be given written notice of the removal at least one week prior to the proceedings. The appointee shall be given written notice of the removal at least one week prior to the proceedings.
1.06(3)(e)-
Any other appointee may be removed from his or her position by a majority vote of the Student Council, excluding vacancies. The appointee shall be given written notice of the motion to remove at least one week prior to the proceedings. When the motion to remove is considered, the appointee shall be given a reasonable opportunity to speak.
1.06(3)(f)-
No Appointee may be removed for making a Grant Allocation Decision in a viewpoint neutral manner or for insisting that a Viewpoint Neutral Financial Decision be made in a viewpoint neutral manner. The Student Judiciary may reinstate any appointee removed in violation of this paragraph.
1.06(4)-
Officers and appointees shall submit written notice of resignation to the Chair of the Student Council. If the notice does not specify an effective date, the resignation shall take effect immediately.
Subsection 1.07 Chairship
1.07(1)- Participation by Chairs of Committees
1.07(1)(a)-
A chair of a committee may offer points of information to the body when appropriate; however, the chair may not raise points of debate unless they pass the chairship.
1.07(1)(b)-
Chairs may vote in their committees when it may affect the outcome of the question, but shall otherwise abstain.
1.07(2)- Succession of the Chairship
1.07(2)(a)-
The presiding chair of any ASM body may step down to speak on a motion, raise a point of debate, vote, etc, passing the chairship temporarily to the vice-chair.
1.07(2)(b)-
The vice-chair may refuse to accept the chairship.
1.07(2)(c)-
If the vice-chair refuses to accept the chairship or if there is no vice-chair, the chair may offer the chairship to any member of the body.
1.07(2)(d)-
If no member of the body accepts the chairship, the chair must continue to preside over the meeting.
Subsection 1.08 Terms
1.08(1)-
ASM members appointed to a Student-Faculty committee shall serve until the following first of October, but may serve until their successors are appointed.
1.08(2)-
Members of the Student Judiciary shall serve a term expiring the first of June of the second legislative session after the session in which they were appointed, but may serve until their successors are appointed.
1.08(3)-
All appointees other than those specified in 1.08(1) and 1.08(2) shall serve for the legislative session in which they were appointed, but may serve until their successor is appointed.
Subsection 1.09 Coordinating Council
1.09(1)
The Coordinating Council (CC) shall have the following people as voting members:
1.09(1)(a)-
The Chair of the Student Council, who shall act as chair of CC;
1.09(1)(b)-
The Vice-Chair of the Student Council;
1.09(1)(c)-
The Chair of the SSFC;
1.09(1)(d)-
The Committee Chairs;
1.09(1)(e)-
Any other members of the Student Council; and
1.09(1)(f)-
Other members of the ASM that the Student Council may by law appoint.
1.09(2)-
The Coordinating Council shall have all members of the ASM as non-voting members.
1.09(3)- Quorum
1.09(3)(a)-
Quorum shall be seven voting members of the Coordinating Council.
1.09(3)(b)-
Quorum shall only be needed in voting procedures.
1.09(4)-
The Coordinating Council shall have the following powers and duties:
1.09(4)(a)-
Coordination of the activities of the ASM;
1.09(4)(b)-
Review of governing documents and policies;
1.09(4)(c)-
Review and make amendments to the Strategic Plan;
1.09(4)(d)-
Formulation and approval of all office policies;
1.09(4)(e)-
Taking action in the name of the ASM when the Student Council is unable to meet or act;
1.09(4)(f)-
Establishing such rules and procedures as may be necessary to govern its activities;
1.09(4)(g)-
Shall forward recommendations to the Chair and Vice Chair of the Student Council concerning the payment of stipend positions;
1.09(4)(h)-
Recommending other legislation pertinent to its function; and
1.09(4)(i)-
Other powers and duties that the Student Council may by law provide.
1.09(5)-
Notwithstanding paragraph 1.09(4), the Coordinating Council is prohibited from doing any
of the following:
1.09(5)(a)-
Allocating funds;
1.09(5)(b)-
Judicial matters; and
1.09(5)(c)-
Any actions that the Student Council may by law prohibit the Coordinating Council from doing.
1.09(6)-
The Coordinating Council shall present every action it takes at the next meeting of the Student Council during the report of the Chair. The Student Council may take such action it deems necessary in reaction to the report including but not limited to ratifying the action, amending the action and adopting the amendment as the action of the ASM or rejecting the action. If the Student Council fails to take action at that meeting, the action of the Coordinating Council shall be deemed the action of the ASM. Action taken under 1.09(4)(h) and votes required by the Constitution are ex
