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Resolution SR 1060: In Support of the “Dream Act Forum: A Conversation on Immigration and Our Future”

October 21, 2010 2 comments

Agenda Item: Resolution Support of the “Dream Act Forum: A Conversation on Immigration and Our Future”

Date: September 23, 2010

Sponsors:  Moses Aluicio, College of Arts and Sciences Senator; Carlos Rodriguez, Housing Senator; Joanne Myler, Honors College;

In Support of the “Dream Act Forum: A Conversation on Immigration and Our Future”

WHEREAS, The role of the Student Government Association (SGA) is to facilitate the cooperation between the Student Body, Faculty, and Administration, and maintain the interests and concerns of the students, ensuring that their rights and liberties are protected;

WHEREAS, Elected SGA members are also tasked with representing student interests on a local, state, and national level;

WHEREAS, The Development, Relief, and Education for Alien Minors (DREAM) Act seeks to provide undocumented young people the chance to earn permanent residency and eventually citizenship if: they graduate from U.S. high schools, have been in the country at least five years continuously, meet educational or military service stipulations, and maintain good moral character;

WHEREAS, The Public Health Community Project for Immigrants at FIU  is a student organization whose mission is to eliminate health disparities that exist in the immigrant communities of South Florida;

WHEREAS, The Public Health Community Project for Immigrants at FIU will be hosting the “DREAM Act Forum: A Conversation on Immigration and Our Future” on November 5, 2010 at 6:00 PM, in AHC3 130 (the new Nursing Building);

WHEREAS, tThe event will be open to the FIU community and provide multiple perspectives on the DREAM Act in an effort to educate the public on how its passage could affect students across the United States;

THEREFORE, BE IT RESOLVED, Tthat that the Student Government Council – Modesto A. Maidique Campus expresses its support of the DREAM Act Forum: A Conversation on Immigration and Our Future.

In favor: ; Opposed: ; Abstentions:; Status: Submitted.

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Council Bill SR 1061: Operational Review Committee Adjustment Act of 2010

October 20, 2010 1 comment

Agenda Item: Operational Review Committee Adjustment Act of 2010 Date: October 25, 2010

Committee: Operational Review Committee

Sponsors: Moses Aluicio, College Arts and Sciences; Chris Cabral, Arts and Sciences; Joanne Myler, Honors College; Donovan Dawson, College Arts and Sciences;

Operational Review Committee Adjustment Act of 2010

SECTION I. Title

This bill may be cited as the “ORCAA – 2010”

SECTION II. Purpose

The purpose of this bill is to modify the Statutes related to the Operational Review Committee’s operations by bringing practice into policy.

SECTION III. Modify Section 5.01 (v)

Section 5.01 Committee Structure

(v)        Committees shall meet at least twice a month to conduct business. The minimum number of monthly meetings shall be determined in each standing committee’s description listed in the SGC-MMC Statutes. Attendance and minutes shall be recorded by the Vvice Cchairperson, distributed and filed with the Clerk of Council in the SGC-MMC office within 48 hours of the meeting’s adjournment.

SECTION IV. Modify Section 5.05 Operational Review Committee

Section 5.05 Operational Review Committee

(a)        The purpose of the Operational Review Committee (ORC) shall be to audit student organizations and entities that are directly funded by the Student Government Association through the student Activities and Services (A&S) fees to ensure that they are being used properly in accordance to the Student Government Finance Policy. This committee also holds the power and responsibility to investigate all organizations and/or entities, including the SGA that are questioned and/or challenged by Student Government officials as well as the entire FIU student body concerning the use or misuse of A&S monies.

(b)        This committee shall have the power to audit an entity at least twice a semester. When reviewing and investigating funded entities this committee shall utilize and be in accordance with the Florida Sunshine State Laws, the Student Government Finance Policy and any other written document that holds relevance and significance with a particular review case. If there is no written statute that can aid the committee during a review process, then the committee shall utilize past year’s reports, data, and results of the use of monies by the entity under investigation. The ORC shall have the power to request and obtain any and all documents deemed fit from the organization/ or entity during an audit. These shall include, but shall not be limited to, receipts, panther card swipes, estimated budget, actual budget or real money spent, estimated attendance, actual attendance of event, overall outcome, as well as documents of past year’s data if in fact the event or project occurred in previous years.

(c)        This committee shall have the power to write legislation about an already investigated organization or entity in regards to how the entity used or misused A & S monies. The legislation will be brought before the entire Senate for final vote. It will then be used as a guide or piece of evidence for the budget hearings at the end of the spring semester.

(d)       The ORC shall also have the power to check the Finance Committee when allocating A & S fees improperly in accordance with the SGA Finance Policy as well as any other necessary document. This shall include, at least one representative of the ORC attending every Finance Committee meeting receiving and reviewing bi-weekly reports from the Finance Committee, in addition to and working with the Comptroller on the legalities of every request for A & S funds submitted to the Finance Committee. This committee shall also handle all post event, post travel forms and all other documents necessary when requesting and obtaining information about an entity appropriated money by the Finance Committee. The documents will then be presented to the entire Senate as a form of review and guide for appropriating future A & S dollars to the same entity.

(e)        The ORC shall have the power to aid the Student Government Comptroller in checking/ monitoring all SGA officials’ use of yearly budget.

(f)        The ORC shall meet at least once a month..

Senator Moses Aluicio Midterm Fall 2010 Report

October 11, 2010 Leave a comment

As mandated by the SGC-MMC Statutes Article IV Section 4.02 Reports, find Senator for College of Arts and Sciences Moses Aluicio’s Midterm 2010 Report.

Council Bill SR 1057: To Reform the Auditing Process for SGC-MMC

October 7, 2010 3 comments

Agenda Item: To Reform the Auditing Process for SGC-MMC       Date: October 6th, 2010________________

Committee: Of the Whole Sponsors: Hector Mujica, College of Business Administration Senator; Moses Aluicio, College of Arts and Sciences Senator; Joanne Myler, Honors College Senator.

To Reform the Auditing Process for SGC-MMC

SECTION I. Short Title

This bill may be cited as the “Fiscal Responsibility Act of 2010”.

SECTION II. Purpose

The purpose of the Fiscal Responsibility Act of 2010 is to update the auditing process within the SGC-MMC Finance Code to be in compliance with the current statutes.

SECTION III. Updating the Audit Review Process

ARTICLE II: ADMINISTRATIVE PROVISIONS

Section 2.1 Financial Control For Ensuring Fiscal Accountability

2.1.1 All entities receiving A & S Fee funding shall be subject to audit by the Student Government Association, at any time.

2.1.2 The SGA Senate may, with just cause, request an audit by majority vote on any student organization or club receiving A &S Fee funds. Once requested, an audit committee shall be created and consist of the SGA Comptroller, who shall chair the committee and one member of each Senate Standing committee. These senators shall be considered members of the audit committee for the duration of the audit.

2.1.2 The Operational Review Committee (ORC) shall be charged with auditing any student organization or club receiving A&S Fee Funds. The ORC membership shall be determined by the members of the Senate, as prescribed in the SGC-MMC Statutes.

2.1.3 During the period of April 1st through June 30th of each fiscal year, the majority of the SGC-MMC Senate, or the Student Body President and with the Comptroller, together may exercise the powers of either freezing or reverting unused funds remaining in student organizational accounts, standing councils, and governing councils, in order to prevent excessive expenditures by student organizations, at the end of the fiscal year. This also includes both Standing Councils and Governing Councils. If both the President and the Comptroller of the Student Body deem it appropriate, they may revert excess funds over the twenty-five (25) percent limit immediately.

 

In favor: ; Opposed: ; Abstentions:; Status: Referred to the Rules, Legislation and Judiciary Committee.

Council Bill SR 1050: To reform the Censure and Removal Policy of the SGC-MMC

September 24, 2010 2 comments

Agenda Item: To reform the Censure and Removal Policy of the SGC-MMC Date: September 24, 2010

Committee: Rules, Legislative and Judiciary Committee Sponsors: Moses Aluicio, College of Arts & Sciences Senator; Rachel Emas, Graduate Senator; Hector Mujica, College of Business Senator; Adam do Amaral, College of Education Senator; Jesus Borrero, College of Arts & Sciences Senator

To reform the Censure and Removal Policy of the SGC-MMC

SECTION I. Short Title

This bill may be cited as the “The Censure and Removal Policy Reform Act of 2010”

SECTION II. Removal of Existing Censure and Removal Statutes

Section 4.07 Censure and Removal of Senators

(a)        Senators should be referred for Judicial Review for failure to complete duties as stated in the SGC- MMC Bylaws, Article 4 and 5, This evaluation shall be based on reports by the Speaker that has been confirmed by the Pro-Temp.   The required written grievance may be submitted by any member of the student body and Vice President.

Section 12.01 Censure and Removal

(a)        Please Refer to Article VII. of the SGA Constitution for grounds of censure and removal.

(b)        Upon the decided validity of a written complaint/grievance by the Student Judiciary, the Chief Justice and the SGC-MMC Advisor will schedule an information session with the charged student to inform him/her of the allegation, charges, student rights, and an explanation of the judicial process. The information session will also take into account the charged student’s academic schedule for consideration of their later scheduled hearing.

(c)        Once the SGC-MMC Judicial Board Hearing is scheduled, the charged student shall be notified within five (5) business days by the SGC-MMC Chief Justice of: the time, date, and location of the SGC-MMC Judicial Board hearing, and, notice of witnesses who will be called to testify against him/her. The charged student will receive written notice of the decision within 10 business days of the hearing.  Should the charged student not present him/herself at the hearing, the hearing will take place and a decision will be rendered in absentia.

SECTION III. Addition of the Censure and Removal Procedures Outlined in the SGA Constitution

Section 12.01 Censure and Removal

a) The Senate shall have the power to censure any SGC officials. Censure shall be an official reprimand on behalf of the Senate and will proceed as follows:

(i)         A censure against any official shall be approved by a simple majority of the       Senate.

(ii)        A censure must occur in the form of a Resolution, where the stanzas provide the reasoning and evidence justifying the censure.

(iii)       Censures may be considered as evidence of malfeasance, misfeasance or nonfeasance as applicable for cases before the Supreme Court and/or impeachment trial.

b)         The Senate shall have the power to impeach, which is the formal charge of misfeasance, malfeasance, or nonfeasance, and remove any SGC official; this will proceed as follows:

(i)         Any Senator may motion for impeachment of any SGC official, after which the Senate will enter into debate on the motion.

1)         During debate, the Senator or Committee motioning for impeachment may present evidence to support their reasons for instigating impeachment.

(ii)        Following debate on the motion of impeachment, impeachment shall be instigated by a three fifths (3/5) vote of the entire Senate membership.

(iii)       Following the instigation of impeachment of the SGC official, the SGC-MMC Internal Affairs Committee shall be ordered to compile a report of the official in question’s official actions. This committee report shall be submitted to the SGC official being investigated five (5) business days prior to the trial. This report shall be presented to the Senate as evidence during the impeachment trial. The official in question has the right to rebut any evidence presented against them, provide witnesses to present testimony on their behalf, and direct questions at the Chair presiding over the trial to rebut witness testimony.

1)         Should any member of the Internal Affairs Committee be the subject of this investigation, they shall recuse themselves from the committee until the investigation has been concluded.

(iv)       The trial shall take place two (2) weeks after the formal impeachment.

(v)        The Chief Justice from the same SGC as the impeached official shall preside over the impeachment trial.

1)         Should the Chief Justice from one SGC be impeached, the Chief Justice from the other SGC shall preside. Should both Chief Justices be impeached, the Senate shall choose a member of either Supreme Court to preside over the trial.

(vi)      Immediately following the impeachment  trial, the Senate shall vote on whether they find the SGC official in question guilty of charges of misfeasance, malfeasance, or nonfeasance as presented in the original motion of impeachment.

1)         After the impeachment trial, if the SGC-MMC Official is found not guilty, the Official shall immediately resume the duties of his/her office. If the SGC-MMC Official is found guilty,  a two thirds (2/3) vote of the entire Senate membership shall remove the impeached official from office. If the Senate fails to remove the impeached SGC official, the official in question may be censured by the Senate with a simple majority vote of the entire Senate membership.

2)         If the Senate removes an SGC-MMC official after the impeachment trial, said individual shall be ineligible to hold office in any capacity within the Student Government Association for one (1) academic year semester from the date of removal.

Section 12.02 Judicial Hearing Procedure

(a)        Any SGC official can be referred for judicial hearing for misfeasance, malfeasance, or nonfeasance as stated in the SGC- MMC Statutes. This review shall be instigated by a written grievance, filed as a writ of certiorari, which may be submitted by any member of the student body to the Supreme Court.

(i)         Upon the decided validity of the grievance, the SGC-MMC Chief Justice and the SGC-MMC Advisor will schedule an information session with the charged SGC official under investigation official to inform him/her of the allegation, charges, student’s rights, and an explanation of the judicial hearing process. The information session will also take into account the charged student’s academic schedule for consideration of their later scheduled hearing.

(ii)        Once the judicial hearing is scheduled, the SGC official under investigation shall be notified within five (5) business days by the SGC-MMC Chief Justice of: the time, date, and location of the SGC-MMC judicial hearing, and, notice of witnesses who will be called to testify against him/her.

(iii)       Prior to the hearing, the SGC-MMC Internal Affairs Committee shall compile a report of the official actions of the SGC Official in question; this report shall be used as evidence during the hearing. This report shall be submitted to the SGC official being investigated five (5) business days prior to the hearing.

(iv)       Should the charged student not present him/herself at the hearing, the hearing will take place and a decision will be rendered in absentia.

(v)        The hearing will be recorded for documentation purposes, will be chaired by the SGC-MMC Chief Justice, and will proceed as follows:

1) Opening statement by the SGC-MMC Chief Justice.

2) Opening statement by the SGC official under investigation.

3) Questions to the SGC official under investigation from the SGC-MMC Justices.

(vi)       In order to hear evidence regarding the charges, witnesses may be questioned by the SGC-MMC Justices and then by the SGC official under investigation. Questions suggested by the SGC official under investigation shall be directed to the Chair of the judicial hearing rather than to the witness directly. This method is to preserve the education tone of the hearing and to avoid the creation of an adversarial environment.

(vii)      Follow up questions to the SGC official under investigation may be asked by from the SGC-MMC Justices.

(viii)     Closing statements from the SGC official under investigation.

(ix)       SGC-MMC Chief Justice brings hearing to closure.

(b)        Upon conclusion of the hearing, the SGC-MMC Judicial Board will move into deliberations (decision and determination).   The Judicial Board’s determination of “responsible” or “not responsible“guilty” or “not guilty” will be based solely on the information presented at the hearing using the standard of “preponderance of evidence”. Determination may be made by a 50%+1 vote of the SGC-MMC Judicial Board.

(c)        The SGC official under investigation will receive written notice within ten (10) business days regarding the outcome of the hearing.

(d)       The SGC official under investigation has the right to challenge the inclusion of any Judicial Board member in the hearing. This challenge must be submitted at least three (3) business days prior to the scheduled hearing.  The challenge must be in writing, and be based on cause, which clearly provides evidence of a conflict of interest, bias, pressure, or influence that could preclude a fair and impartial hearing.  The Vice President of Student Affairs or designee will rule on all such challenges, and his/her decision is final.

(e)        After deliberations in the hearing, the Judicial Board may remove the SGC official under investigation with a majority vote of the Judicial Board.

 

In favor: 22; Opposed: 1; Abstentions: 0; Status: : Passed.

Resolution SR 1042: Honoring Bruce Hauptli’s Tireless Commitment to FIU

September 2, 2010 1 comment

Agenda Item: Honoring Bruce Hauptli’s Tireless Commitment to FIU

Date: September 6, 2010

Committee: Of the Whole

Sponsors: Moses Aluicio, College of Arts and Sciences Senator; Daniel Gonzalez,College of Arts and Sciences Senator;

Honoring Bruce Hauptli’s Tireless Commitment to FIU

WHEREAS, The purpose of the Student Government Association is to foster student life, embrace global diversity, as well as represent and address students’ needs at the community, state, federal and international level;

WHEREAS, The objective of Florida International University is to provide an affordable, quality education to students of all economic, racial backgrounds and nationalities that is “Worlds ahead”;

WHEREAS, In an effort to provide students with a quality education, FIU has employed hundreds of dedicated staff and faculty since it was founded in 1965;

WHEREAS, Bruce W. Hauptli, Ph. D has generously and compassionately served the university community for over 30 years as a Professor, Administrator, and Chairman of the Faculty Senate;

WHEREAS, The Gregory Wolfe Award was bestowed upon Dr. Hauptli in 1995 by the Student Government Association as a result of his extensive service to the university community;

WHEREAS, Dr. Hauptli is not only a recognized scholar in the field of Philosophy, but has contributed to the local community as a member of the Steering Committee for the South Region I of the Dade County Public School’s Citizens Advisory Board;

WHEREAS, Dr. Hauptli will be going on sabbatical during the Fall 2010 and Spring 2011 semesters for the purpose of refocusing academically before returning to the University in the Fall of 2011;

THEREFORE, BE IT RESOLVED, that the Student Government Council—Modesto A. Maidique Campus appreciates and celebrates Dr. Hauptli’s tenure and contribution to the FIU community and wishes him well on all his future endeavors.

In favor: 17; Opposed: 0; Abstentions: 0; Status: Signed.

Resolution SR 1041: To Encourage the Passage of the Development, Relief and Education for Alien Minors (D.R.E.A.M) Act

September 2, 2010 Leave a comment
Agenda Item: To Encourage the Passage of the D.R.E.A.M Act Date: September 23, 2010
Committee: Of the Whole
Sponsors: Moses Aluicio, College of Arts and Sciences Senator; Joanne Myler, Honors College; William-Jose Velez; College of
Engineering and Computing Senator

To Encourage the Passage of the Development, Relief and Education for Alien Minors (D.R.E.A.M) Act


WHEREAS, The role of the Student Government Association (SGA) is to facilitate the cooperation between the Student Body, Faculty, and Administration, and maintain the interests and concerns of the students, ensuring that their rights and liberties are protected;
WHEREAS, Elected SGA members are also tasked with representing student interests on a local, state, and national level;
WHEREAS, The Development, Relief, and Education for Alien Minors (DREAM) Act seeks to provide undocumented young people the chance to earn permanent residency and eventually citizenship if: they graduate from U.S. high schools, have been in the country at least five years continuously, meet educational or military service stipulations, and maintain good moral character;
WHEREAS, The passage of the DREAM Act would benefit over 192,000 undocumented youths in the State of Florida by allowing them to pursue a post-secondary education;
WHEREAS, All young people who are willing to put in the hard work have the right to legally obtain an education;
WHEREAS, The DREAM Act needs Congress’ immediate attention and approval;
THEREFORE, BE IT RESOLVED, that the Student Government Council – Modesto A. Maidique Campus supports the review and passage of the DREAM Act.
In favor: 17; Opposed: 0; Abstentions: 0; Status: Signed.