Daily Staff Writer

Referendum Question #1 (Yes/No)

That the current Government of the Student Body Constitution be struck and replaced with the following by regular election during the sixth school week Spring 1998:

Preamble

Every community of people carries with it certain inherent rights. The University community, particularly as manifested by that community’s student body, is no exception to this principle. Each such community must have the opportunity to promote the common good and protect the rights of individuals. These rights are fundamental and prerequisite to any society which bases its legitimacy on the general consent of the people. A university community must seek to preserve these basic freedoms. In the university context these freedoms are manifest in the right:

a)to form among the students a government, which shall serve in perpetuity or until the students wish to change: to operate that government in order to best serve the interests of that student body by governance with the consent of the governed to choose its officers and representatives under its own standards and to legislate and administer student policy: to operate efficiently and effectively and administer that government in such a manner as to provide such student services as are deemed necessary and proper to meet the needs of students; and to recognize subsidiary governments and organizations and approve their respective Constitutions;

b) to, through the established procedure of the university and of government, levy, collect, allocate and disburse any student activity fee which it may deem necessary and proper, in such a manner as it may deem appropriate;

c) to participate in a tripartite role in conjunction with faculty and administration in the form of due representation on all relevant policy-making bodies dealing with decisions which affect the interests of the student body;

d) to freedom for all student publications to exist, select their own editors and staff, and operate as they see fit within the restrictions of the general law;

e) to participate in the formulation of standards of conduct and in the prescription of penalties for the same, according to the procedure of student-related policy-making;

f) to have protection against institutional authority which might be applied merely in duplication of the function of general laws, except when the institution’s interests as an academic community are distinct and clearly involved;

g) to due process in all conduct matters, including adequate written notices of charges, opportunity for fair hearing, disciplinary action to be taken only when there is substantial evidence;

h) to support any cause by orderly means which does not disrupt the essential operation of the institution;

i) to individual pursuit of educational goals and to orderly procedures against prejudiced or capricious academic evaluation;

j) to the protections of the United States Constitution and its amendments in the particular context of the University community;

k) to not be denied any rights on the basis of race, color, religion, nationality, sex, national origin, age, disability, affectional orientation, economic status, marital status, veteran status, or parenthood.

Pursuant to the establishment and maintenance of these rights and freedoms, we, the students of Iowa State University, do hereby establish the Government of the Student Body as the student government of Iowa State University.

Article I. Membership and Organization

Section A. Membership

1. All currently enrolled students of Iowa State University shall be members Government of the Student Body, hereafter referred to as the Government, and have full voting rights in all Government elections. Any student enrolled for the upcoming fall semester shall be considered a member for the summer session.

Section B. Organization

1. The student body gives governmental authority to the legislative, executive, and judicial branches and the election commission as prescribed by this Constitution.

2. Each of the aforementioned bodies shall appoint one or two advisors from the faculty or staff of the university and prepare a separate budget for operations.

3. For the purposes of this Constitution, the school week before final exams and week of final exams, as determined by the University, will not be included in the determination of dates.

Article II. Legislative Branch

Section A. Powers and Responsibilities

1. All legislative powers and authority of the Government shall be vested in the Senate.

2. The Senate shall have the power to represent student opinion in the form of a Senate Resolution.

3. The Senate shall have the power to allocate designated student fees money as determined by the university Student Fee Committee in the form of a Senate Bill.

4. Through a Senate Bill, the Senate may enact other legislation required for the effective operation of the Government and the distribution of designated student fees money.

5. A Senate Bill may also present an amendment to this Constitution to the student body at either a special or general election. Such a Senate Bill requires an affirmative vote of two-thirds of all seated senators for passage.

6. Standing Government policy and operating procedures shall be outlined in a separate document called the Bylaws. The Senate may amend the Bylaws through Senate Bills by an affirmative vote of two-thirds of all seated senators.

7. The Senate, at its discretion, shall have the power to establish and fill permanent or temporary offices, committees, and other organized bodies not already established by this Constitution.

8. The Senate shall determine its own rules of order and operating procedure.

9. It is the responsibility of the Senate, in cooperation with the President, to ensure funds are available for the effective operation of the Government as prescribed by this Constitution.

10. It is the responsibility of the Senate, in cooperation with the President, to ensure this Constitution, the Government Bylaws, all Senate Bills, and all executive orders conform to the laws of the State of Iowa and of the United States of America to the best understanding and ability of the Government members.

Section B. Membership

1. The Senate shall be composed of one senator to represent every fifteen hundred students, or fifty percent thereof, in each college, in each residence area, and in each special population area with a minimum of one senator per constituency area. Pre-business majors shall be considered members of the Business College.

2. To best meet the needs of all students, students may choose to be a member of a special population and not a member of their residence area or college for the purposes of Government apportionment and voting. Provided they are registered as a member of a special population and are not counted when apportioning the seats for the residence area or college senators, students may vote for one of the special population senators.

3. Through the Bylaws, the Senate shall establish a registration process that would present a choice between residence area or college representation and special representation to as many students as possible.

Registration shall close six weeks prior to the general election.

4. The recognized residence areas are the Union Drive Association, the Richardson Court Association, the Towers Residence Association, the University Student Apartment Community, the Interfraternity housing area, and the Panhellenic housing area. Other residence halls designated as primarily graduate or adult student housing by Iowa State University and not organized into any other residence area will be grouped into a separate residence area called alternative housing. Any student not living in any of the aforementioned living areas shall be considered part of the off-campus residence area.

5. Only those living in Interfraternity and Panhellenic housing will be considered members of the respective residence area.

6. The recognized special populations are the non-traditional students, students with disabilities, international students, and American ethnic minority students.

7. If circumstances warrant, two-thirds of all seated senators may impose temporary changes through a Senate Bill to the structure and number of the recognized residence areas until the next general election, when the question shall be put before the student body.

8. Apportionment will be determined each fall semester by the Election Commission and approved by a majority vote of the Senate.

9. All senators may serve on Government committees, hold a Senate office, participate in debate, introduce legislation, make motions, and vote in all questions before the Senate.

10. Senators may be removed by a vote of two-thirds of all seated senators for violating this Constitution or for not fulfilling the duties of a senator as described in the Bylaws.

Section C. Senate Officers

1. The Vice President of the Government shall chair the sessions of the Senate. The Vice President shall be an ex officio member of the Senate and shall vote only when the Senate is equally divided.

2. A Speaker of the Senate and a Vice Speaker of the Senate shall be chosen from and by the Senate at the beginning of each term. Together with the Vice Speaker, the Speaker shall be responsible for the administration of the affairs of the legislature. The Speaker shall chair Senate sessions in the absence of the Vice President.

3. After the general election, the outgoing Senate officers shall organize and conduct an orientation session for the members of the new Senate.

4. All officers of the Senate must be approved by two-thirds of all seated senators.

5. The Senate may remove any Senate officer by a two-thirds vote of all seated senators. Resignation or removal from the Senate shall result in loss of Senate office.

Section D. Senate Sessions

1. The Senate shall hold regularly scheduled sessions at least twice every four school weeks. The Senate shall hold sessions during the first week of both the fall and spring semesters.

2. Special sessions may be called by the President, the Speaker of the Senate, or by petition of one-third of all seated senators.

3. Quorum of the Senate shall consist of two-thirds of all seated senators.

Section E. Rules Committee

1. A Rules Committee shall be formed by the second regularly scheduled session of the Senate to ensure Senate business is in accordance with this Constitution and the existing laws.

2. Three senators chosen by the Senate, the Vice Speaker, and the Speaker as chair shall comprise the Rules Committee.

3. This committee shall meet regularly before each Senate session.

4. The operating procedures, responsibilities, and powers of the Rules

Committee shall be outlined in the Bylaws.

5. Members of the Rules Committee, except the Speaker and Vice Speaker, may be removed by a majority vote of all seated senators.

Section F. Finance Committee

1. A Finance Committee shall be formed by the third regularly scheduled session of the Senate to assist the Senate with the proper and efficient distribution of designated student fees money.

2. A Finance Director shall be selected to chair the Finance Committee and to administer the distribution of designated student fees money as directed by the Senate. The Finance Director shall be appointed by the President and approved by a majority of all seated senators.

3. The structure of the Finance Committee shall be established through the Bylaws.

4. The Government Treasurer shall be an ex officio, voting member of the Finance Committee.

5. The Finance Committee shall meet at the request of the Senate or the President.

6. The operating procedures, responsibilities, and powers of the Finance Committee shall be outlined in the Bylaws.

7. Members of the Finance Committee, except for the Finance Director, may be removed by a majority vote of all seated senators. The Finance Director may be removed by a vote of two-thirds of all seated senators.

Section G. Impeachment

1. The power to impeach and remove the President, Vice President, justices of the Supreme Court, and members of the election commission shall be vested in the Senate.

2. Grounds for impeachment shall be limited to malfeasance, misfeasance, or nonfeasance of duties as prescribed by this Constitution and other Government laws or failure to meet the qualifications for office.

3. A majority vote of the Senate is required to begin impeachment hearings.

4. A vote of two-thirds of all seated senators is required to convict and remove any of the above officials.

5. Judgments in all cases of impeachment shall not exceed removal from office and prevention of holding any further Government office.

6. Impeachment procedures shall be outlined in the Bylaws.

Section H. Vacancies

1. Should any office of the Senate become vacant, the Senate shall choose a replacement at the next Senate session.

2. Should a Senate seat become vacant prior to the next general election, a replacement, nominated by the recognized constituency council, may be seated until the next election by a majority vote of the Senate.

3. Any Senate seat not filled by election shall be open to all qualified students at the next general or special election.

4. Through the Bylaws, the Senate will determine the appointing councils for all Senate seats.

Article III. Executive Branch

Section A. Powers and Responsibilities

1. All executive powers and authority of the Government shall be vested in the President.

2. Together with the Vice President, the President shall be responsible for the fulfillment of all laws and actions of the Government as prescribed by this Constitution, the Bylaws, and Senate Bills.

3. The President will be the official representative of the students of Iowa State University.

4. The President is responsible for the effective administration of the Government offices and office staff.

5. The President has sole authority over removal of any and all executive officers and staff with the exception of Vice President.

6. The President shall have the power to either approve or veto any Senate Bill. If after six days the legislation is neither approved nor vetoed by the President, the said legislation shall become law.

7. The President may also choose to veto funding for one or more organizations from a regular or special allocation Senate Bill without preventing the remainder of the Senate Bill from becoming law. The President may not veto any specific item within a given organization’s budget within the Senate Bill.

8. If a Senate Bill or a specific organization’s funding on a Senate Bill is vetoed it shall return to the Senate with the President’s written objections. During any Senate session following a presidential veto, the Senate may move to reconsider. By a vote of two-thirds of all seated senators, the veto can be overridden and the legislation or organization’s funding shall become law.

9. The President shall have the power to call any Government body into special session with forty-eight hour written notice.

10. The President shall have the power to establish administrative procedures, job descriptions for members of the executive branch, and councils or commissions of the executive branch by executive order. Unless otherwise stated in this Constitution, all executive orders shall remain in effect until terminated by another executive order or reversed by the Senate. A copy of all executive orders shall be sent to the Speaker of the Senate within five days of enactment.

11. The President is responsible for maintaining all new and old Government records and laws in a complete and accessible manner.

12. With the assistance of the Appointments Committee, the President shall have the power to appoint student members to university committees by executive order.

13. The President shall address the Senate once each semester on the state of the student body.

14. Actions of the Executive Branch, including executive orders, are subject to review, modification, and/or reversal by the Senate, except where specified in this Constitution.

15. The Vice President shall chair all Senate sessions.

Section B. Cabinet

1. The President shall have a cabinet to assist in the efficient operation of the administration.

2. The President shall appoint a Treasurer, with approval of a majority of all seated senators, to administer the financial affairs of the Government. The Treasurer will assist all Government branches and the Election Commission with the preparation of budgets. All budgets shall be approved by Senate Bill.

3. The President shall appoint a Secretary, with approval of a majority of all seated senators, to administer the informational affairs of the Government. The Secretary shall work cooperatively with all Government bodies to ensure the student body is adequately informed about the affairs of the Government.

4. The Finance Director shall be an ex officio member of the cabinet.

5. At the request of the President, the Senate may establish additional cabinet seats and assistant cabinet seats through the Bylaws. Each new seat must include a description of duties and responsibilities. The President may also create ad hoc cabinet seats by executive order. Such seats shall expire at the end of the President’s term.

6. Additional cabinet official responsibilities can be established through the Bylaws.

Section C. Succession

1. Should the office of President become vacant, the Vice President shall assume the title, duties, and powers of the President.

2. Should the office of Vice President become vacant, the President shall appoint a replacement with approval of a majority of all seated senators.

3. Should the offices of both President and Vice President become vacant, the Speaker of the Senate shall assume the duties and powers of the President under the title of Acting President until a special election is held to elect new executive officers. Such a special election shall be held within four school weeks. If both offices become vacant within seven school weeks of a general election, no special election shall take place.