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Council Bill SR 1046: To Add Clear Checks and Balances Provisions to the SGC-MMC Statutes


Agenda Item: Checks and Balances Council Bill of SGC-MMC

Date: September 13, 2010

Sponsors: Hector Mujica, College of Business Administration Senator; Cristina Loreto, At-Large Senator; Daniel Gonzalez, College of Arts & Sciences.


To Add Clear Checks and Balances Provisions to the SGC-MMC Statutes

SECTION I. Short Title

This bill may be cited as the “Checks and Balances Act of 2010”

SECTION II. Purpose

The purpose of this bill is to amend the statutes in order to clearly define the checks and balances process as well as the removal process of any SGA officer in accordance with the Constitution.

SECTION III. Removing Subsection C from Section 2.05

Section 2.05 Executive Cabinet

(a)        The members of the Executive Cabinet shall be nominated by the President and Vice President and approved by a simple majority of the Senate.

(b)        The composition of the Executive Cabinet is determined by the President and Vice President. There shall be a permanent Chief of Staff, and Director of Student lobbying within the Cabinet. Cabinet positions may also include: Executive Assistant, Director of Student Lobbying, Athletics Coordinator, Student Advocate, Special Events Coordinator, and Communications Director.

(i)         New Cabinet positions shall be created by the President through a new cabinet position Executive Order, to be announced at the next Executive branch meeting and Senate meeting following the establishment of the position.

(ii)        The Cabinet Position Executive Order creating the position shall provide an overview of the general functions and duties of the position, as well as the formal title for the position.

(iii)       Nominees appointed by the President and being presented for approval by the Senate must be in attendance in the Senate meeting during which they will be considered. If there is a case in which a nominee cannot be in attendance, the President may speak on their behalf, by discretion of the Senate Speaker.

1)         A copy of the Executive Order must be provided to the Senate when a nominee is presented to be confirmed.

2)         Each nominee must be presented and confirmed individually.

(c)        An Executive Cabinet member may be removed from his/her position with no less than a two-thirds vote by the Student Senate. The basis for removal of an Executive Cabinet member shall be malfeasance, misfeasance, and/or nonfeasance. An Executive Cabinet member may also be removed by the President, or a President’s designee.

SECTION IV. Correcting the terminology used in Section 3.07

Section 3.07 Senate Meetings

(a)        The Senate has the right to hold hearing on individual members of the Cabinet Executive Branch and the Governing Councils. These hearings will be held during Senate sessions, and be used to investigate the actions of the members of the Cabinet and the Governing Council that the Senate may deem questionable.

(b)        In order for there to be a hearing, a Senator must petition the Senate in a motion to hold a hearing on a particular individual or groups of individuals that are part of the Executive Branch. The Senator must give a valid reason that requires the hearing. A simple majority is required for the motion to pass.

(c)        The Speaker must inform the individual(s) that they must attend a hearing at the next Senate session. The session will take place during New Business of the Agenda.

(d)       If the individual(s) does not attend their hearing, they may be brought up to Judicial Board.

SECTION V. Adding Section 2.06 Impeachment of Executive Branch Officials to Article II

Section 2.06 Impeachment of Executive Branch Officials

(a)        Any member of the Executive Branch may be impeached if instigated by a three-fifths (3/5) vote of the entire Senate membership. The basis for impeachment of an Executive Branch member shall be malfeasance, misfeasance, and/or nonfeasance.

(b) In accordance to Article III, Section 5 of the Student Government Association Constitution, the Chief Justice from the same SGC as the impeached official shall preside over impeachment proceedings. The Senate, during impeachment, shall be the acting jury; a two thirds (2/3) vote of the entire Senate membership shall remove the impeached official from office.

(c)        Any Executive Branch member, with the exception of the Vice President, may be removed by the President, or a President’s designee, without consent from the Senate.

In favor: 9; Opposed: 7; Abstentions: 0; Status: Became law by default.

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