Home > Council Bills, Legislation, Passed, Senate > Council Bill SR 1172: To reform the Executive Branch of the Student Government Council – Modesto A. Maidique Campus

Council Bill SR 1172: To reform the Executive Branch of the Student Government Council – Modesto A. Maidique Campus


Agenda Item: To reform the Executive Branch of the Student Government Council – Modesto A. Maidique Campus

Date: January 13, 2011

Committee: Of the Whole

Sponsors: William-Jose Velez, College of Engineering and Computing Senator; Hector Mujica, College of Business Administration Senator; Rachel Emas, University Graduate School Senator;

 

To reform the Executive Branch of the Student Government Council – Modesto A. Maidique Campus

SECTION I. Short Title
This bill may be cited as the “Executive Branch Reform Act of 2011.”

SECTION II. Purpose
The purpose of this bill is to reform the Executive Branch of the SGC-MMC.

SECTION III. Striking Article III Legislative Branch of the current Statutes

The entirety of the current Article II. Executive Branch shall be stricken from the Statutes.

SECTION IV. Enacting Article IV. Executive Branch in the SGC-MMC Statutes

Article IV. Executive Branch
Section 4.01 Purpose

(a)        Purpose

(i)         The purpose of the Executive Branch of the Student Government Council – Modesto A. Maidique Campus is to execute and carry out all duties as prescribed by these Statutes and the SGA Constitution, representing the interests of the student body before the FIU Administration. The Executive Branch shall ensure that all laws of the Legislative Branch and decisions of the Supreme Court are enforced and observed.

Section 4.02 Structure and Leadership

(a)        President

(i)         The President of the Student Government Council is the head of the Executive Branch of Government, the student representative to the Board of Trustees, and the representative of FIU to the Florida Student Association.

(ii)        The President shall abide by the SGA Constitution and these Statutes.

(iii)       The President shall be able, pursuant to Florida Statutes, to appoint students to serve on university committees on specific areas such as the Health Fee Committee and Technology Fee Committee.

(1)        Appointments to these committees shall be made publicly available through the SGC-MMC website. The appointment shall also be announced at the next Senate and Executive Branch meeting.

(b)        Vice President

(i)         The Vice President of the Student Government Council is the second in command of the Executive Branch of Government and the ex officio President of the Senate.

(ii)        The Vice President shall abide by the SGA Constitution and these Statutes.

(c)        Cabinet

(i)         Comptroller

(1)        The Comptroller shall be in charge of carrying out the distribution of the budget and of auditing and advising the SGC-MMC.

(2)        The Comptroller shall attend all Executive meetings and provide a monthly financial report to the Senate at the last meeting of every month.

(3) Following the approval of a funding request by the Finance Committee and the SGC-MMC Senate, and the disbursement of these approved funds, the Comptroller shall provide detailed reports of budgetary requests to the Finance Committee.

a)         The Comptroller shall work with the Finance Committee Chairperson to adequately process budgetary requests in compliance with finance policy.

(ii)        Chief of Staff

(1)        The Chief of Staff shall be the chief advisor to the President.

(2)        Responsibilities shall include, but are not limited to, overseeing executive personnel, supervising the execution of office policies, being informed of the SGC-MMC calendar, facilitating the administration’s goals and objectives, helping to preside over the weekly Executive Branch meetings, and proofreading all of the SGC-MMC literature.

(iii)       Composition of the Executive Cabinet

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

(2)        The composition of the Executive Cabinet is determined by the President and Vice President. There shall be a permanent Chief of Staff and Comptroller within the Cabinet.

a)         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.

b)         The New 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.

c)         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.

i)          A copy of the New Cabinet Position Executive Order must be provided to the Senate when a nominee is presented to be confirmed.

ii)         Each nominee must be presented and confirmed individually.

(3)        Requirements

a)         All officials of the Executive Cabinet shall be required to attend the weekly Cabinet meetings.

i)          Executive Cabinet officials shall not be allowed to have more than five (5) excused absences from Cabinet meetings.

ii)         For an absence to be considered excused, documentation excusing one-self from a meeting must be provided to the Clerk of Council and Chief of Staff.

iii)        During the Summer semester, Cabinet officials shall be allowed to miss meetings, as long as they are excused for every meeting.

1.         To be counted as present, Cabinet officials must be present for the majority of a meeting.

b)         All Executive Cabinet members shall be individually required to submit one (1) report every Fall and every Spring semester. The report shall be submitted no later than ten (10) weeks after the beginning of every semester.

i)          These reports shall include updates on goals, current and planned projects, current and planned events as well as a discretionary budget expenditure summary.

ii)         These reports shall be submitted to the Chief of Staff and be readily accessible to the Senate upon request.

c)         All cabinet members shall fulfill the duties prescribed in the New Cabinet Position Executive Order that creates each respective position.

Section 4.05 Agencies

(a)        Governing Councils

(i)         Purpose and Responsibilities

(1)        The Student Government Council Governing Councils are established to perform the duties as described in these Statutes with the purposes of programming activities, managing student clubs, and representing student organizations.

(2)        The Governing Councils of the SGC-MMC shall be:

a)         Council for Student Organizations

b)         Student Programming Council

c)         Homecoming Council

d)         Residence Hall Association

e)         Black Student Union

(3)        SGC Governing Councils shall be created and dissolved through amendments to this article of the Statutes.

(4)        All Governing Councils shall abide by these Statutes.

(ii)        Duties

(1)        All Governing Councils of the SGC-MMC shall operate under the authority of the SGC-MMC and its Constitution and Statutes.

a)         Each Governing Council shall have an Advisor designated by the Department of Campus Life.

(2)        The Governing Councils shall oversee the allocation of funds and operation of the organizations under their jurisdiction and/or of their specific directors, as determined by the budget of the Student Government.

a)         The use of funds by the Agencies must fully comply with the Finance Code of the SGC-MMC.

b)         Each Governing Council shall be subject to audits by the SGC-MMC Comptroller, the Operational Review Committee of the Senate, and any other entity or official mandated by these Statutes.

(3)        Each Governing Council shall conduct (either Executive Board or general membership) meetings, at least twice a month. The minutes and attendance of these meetings shall be recorded, distributed and filed with the SGC-MMC Clerk in the Student Government Council Office (GC 211) within forty-eight (48) hours of the meeting’s adjournment.

a)         The time and schedule of the meetings of every Governing Council shall be made available in the SGC-MMC Office and on each Governing Council’s website, no later than forty-eight (48) hours before the next scheduled meeting.

(4)        Each Governing Council shall have its Constitution, which shall outline the procedures for the elections of the Governing Council’s executive board.

a)         The Constitution of each Governing Council shall require the approval by the SGC-MMC Senate and the SGC-MMC President’s signature.

b)         Each Governing Council reserves the right to elect and/or designate its own President or Director and Executive Board.

i)          The SGC-MMC Senate has the power to remove, after impeaching, a member of the Governing Council’s Executive Board for malfeasance and/or nonfeasance with a two-thirds (2/3) vote of the Senate.

ii)         A list of all Executive Board members shall be made available at the SGC-MMC Office and on each Governing Council’s website.

(5)        Each President, Director, or a Governing Council Representative shall attend all Executive Cabinet meetings. The Governing Councils shall present a brief weekly verbal report and a more in-depth written report at least twice a month (filed with the SGC-MMC Clerk) on the status of their organization (events, minutes, membership numbers, spending, etc).

a)         Violations of this clause shall be considered misfeasance.

(6)        Every Governing Council President or Director must be paid through the SGC-MMC emolument account.

(iii)       Council for Student Organizations

(1)        The Council for Student Organizations (CSO) shall be the Governing Council overseeing and representing all undergraduate clubs, graduate clubs, and Honor Societies.

(2)        The CSO shall be responsible for allocating funds to each organization, providing a structure for funding, and providing leadership to its member organizations.

(iv)       Student Programming Council

(1)        The Student Programming Council (SPC) shall be the Governing Council responsible for programming on the Modesto A. Maidique Campus for activities such as lectures, concerts, performances, and other events throughout the year.

(v)        Homecoming Council

(1)        The Homecoming Council (HC) shall be the Governing Council responsible for programming a designated week of events which promote school spirit, and entertainment for students.

(vi)       Residence Hall Association

(1)        The Residence Hall Association (RHA) shall serve as the Governing Council responsible for representing the students living in the on-campus housing facilities under the Department of Housing and Residential Life.

a)         The RHA shall represent the housing community on issues of facilities, services, fees, general climate, and security.

(2)        The RHA shall serve as the Governing Council, manager, and provider of  funding towards any programming for the facilities of the Village Council, Panther Hall Council, University Park Towers Council, Everglades’ Hall Council, Lakeview North Council, Lakeview South Council, and National Residence Hall Honorary.

(vii)      Black Student Union

(1)        The Black Student Union (BSU) shall be the Governing Council that serves as the liaison of students of the African Diaspora and Florida International University.

(b)        Departments

(i)         The Executive Branch shall have departments charged with specific duties as outlined in these Statutes. Departments shall be headed by a member of the Executive Cabinet as designated by the President. Cabinet positions with specific functions may be created outside of these departments at the President’s discretion.

(ii)        Department of Justice

(1)        Purpose and Responsibilities

a)         The Department of Justice of the SGC-MMC (SGC-MMC DoJ) is established to enforce the law and defend the interests of the SGC-MMC according to the law, to provide leadership in preventing and controlling violations of the Statutes, address violations of the Statutes before the Judicial Branch, and to ensure fair and impartial administration of justice.

b)         The DoJ shall be charged with defending the SGC-MMC Executive Branch in cases where a writ of certiorari has been filed against the Office of the President, Executive Cabinet or Executive Branch in the exercise of their duties and obligations.

c)         The DoJ shall state the official legal opinion of the Executive Branch. This power shall extend in cases of petition of legal review to the DoJ, or before the Judicial Branch, where the DoJ shall have the power to submit amicus curiae briefs on behalf of the Executive.

d)         The DoJ shall have the responsibility to prosecute and conduct all writs before the Judicial Branch in which the SGC-MMC shall be concerned, and to give advice and opinion upon questions of law when required by the President of the SGC-MMC, or when requested by the heads of any of the departments, touching any matters that may concern their departments.

(2)        Structure

a)         The DoJ shall be headed by a Cabinet Official as designated by the President. For the purpose of the Department, this person shall be considered the Attorney General, in as much, the official title of this official is specified by the President.

b)         The Attorney General shall be assisted in the duties of the department by at least two (2) but no more than four (4) Assistant Attorneys, who shall not be considered Cabinet officials.

i)          Assistant Attorneys shall also provide legal advice to other departments, committees, Governing Councils, College Councils, student organizations, and any other SGC-MMC funded entity.

ii)         An Assistant Attorney shall be designated as Deputy Attorney General by the Attorney General, and shall assume all departmental duties and obligations of the Attorney General in his/her absence.

(iii)       Department of External Relations

(1)        Purpose and Responsibilities

a)         The Department of External Relations shall serve as the liaison between SGC-MMC and the University, the press, and the community as a whole.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

(iv)       Department of Governmental Affairs

(1)        Purpose and Responsibilities

a)         The Department of Governmental Relations shall be charged with representing SGC-MMC to members of the State Legislature, the U.S. Congress, federal and state government agencies, and other national and international public organizations.

b)         The Department of Governmental Relations shall be the lobbying arm of SGC-MMC and shall assist the Executive Branch and Legislative Branch with lobbying efforts and legislative outreach.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

(v)        Department of Campus Life

(1)        Purpose and Responsibilities

a)         The Department of Campus Life shall serve as the liaison between SGC-MMC and the FIU Division of Campus Life, serving as SGA’s main method of communication between the student organizations, clubs, Governing Councils and Greek life.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

(vi)       Department of Technology

(1)        Purpose and Responsibilities

a)         The Department of Technology shall be responsible for up-keep of the SGC-MMC website and providing technological support to SGA as designated by the President.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

(vii)      Department of Environmental and Sustainability Affairs

(1)        Purpose and Responsibilities

a)         The Department of Environmental and Sustainability Affairs shall be responsible for the oversight of all issues pertaining to the environment with relation to SGA.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

(viii)     Panther Rage

(1)        Purpose and Responsibilities

a)         Panther Rage shall be charged with invoking school spirit and pride into the FIU community by promoting athletic events on campus.

(2)        Structure

a)         The SGC-MMC President shall determine the composition, operational structure, and leadership of this department.

Proviso: This Council Bill is part of the SGC-MMC Statutes Reform Acts, and will go into effect as soon as the last of the bills reforming the SGC-MMC Statutes, known as the SGC-MMC Statutes Reform Acts, is passed and signed.

Status

Passed, awaiting President’s Signature.

Final Vote

In favor: ; Opposed: ; Abstentions: ; 

Download

  • Download this bill: DOC


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