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Press Release: Resignation of SGC-MMC Senate Speaker William-Jose Velez

February 2, 2011 Leave a comment

PRESS RELEASE

TO: SGC-MMC Senate

SGC-MMC Executive Branch

SGC-MMC Supreme Court

SGA University Wide Council

FIU Student Media

FROM: Hector Mujica, Senate Speaker

DATE: February 2, 2011

SUBJECT: Resignation of SGC-MMC Senate Speaker William-Jose Velez

On February 1, 2011, SGC-MMC Senate Speaker and Senator for the College of Engineeringand Computing William-Jose Velez submitted his resignation to both offices to focus on hisacademic work for the Spring 2011 semester.
“I have had to make the difficult decision to step down from my positions in order to be able tofully focus on my academics,” said Velez. “I do so confident that Senator Hector Mujica will doan extraordinary job as Speaker and that the Senate will continue its work on the many reformswe began this year.”

As per the line of succession detailed in the SGC-MMC Statutes and the SGA Constitution,Speaker Pro Tempore Hector Mujica will now assume the position of Senate Speaker effectiveimmediately, while Finance Committee Chairwoman Cristina Loreto will assume the role ofSenate Speaker Pro Tempore.

Velez added that “it was a great honor and the highest privilege to be able to serve the studentsof the College of Engineering and Computing for the last two years and as Senate Speaker sincesummer 2010, and I want to thank the students for giving me this great opportunity, as well asthe Senate for allowing me to represent them until now.”

The Senate thanks Mr. Velez for his endless and passionate service to this organization. He hasbeen a great asset and has contributed in countless ways to assure that the student body andcampus life continues to improve and be Worlds Ahead.

The time and date for the selection of the new Finance Committee Chair as well as the newSenator for the College of Engineering and Computing will be announced shortly. All future official business and inquiries regarding the SGC-MMC Senate should be directed to SenatorMujica at hmuji001@fiu.edu.

Additional Information
For additional Information, visit our websites at fiu.edu/~sga, fiusga.wordpress.com and facebook.com/fiusga. Youmay also call our office in Graham Center, Room 211, at +1.305.348.2121.
About Florida International University
Florida International University is Miami’s 1st and only public research institution of higher learning. Serving nearly40,000 students, FIU is amongst the 15 largest Universities in the nation, boasting 12 Colleges and Schools thatoffer in excess of 200 Bachelors, Masters, Doctoral and Professional degrees. With over 100,000 Alumni living andworking in South Florida, the impact that FIU has had on the local community is incalculable.
About the Student Government Association at FIU
The Student Government Association at FIU affords students the opportunity to cultivate their leadership skillsby serving as liaisons of the student body to the University Administration, hence gaining valuable experiencein governance and stewardship. With over 30 senators, 20 cabinet members, 10 committees and 20 interns, SGAprovides a challenging yet sustainable environment in which students can contribute to student life and in turn, theuniversity community.

Council Bill SR 1181: To create the Amendments Article of the Student Government Council – Modesto A. Maidique Campus

January 27, 2011 5 comments

Agenda Item: To create the Amendments Article of the Student Government Council – Modesto A. Maidique Campus

Date: January 27, 2011

Committee: Of the Whole

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

Text

Status

  • Submitted, to be considered February 28, 2011.

Final Vote

  • In favor: ; Opposed: ; Abstentions: ;

Council Bill SR 1179: To reform the Finance Code of the Student Government Council – Modesto A. Maidique Campus

January 27, 2011 6 comments

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

Date: January 31, 2011

Committee: Of the Whole

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

Text

Status

  • Submitted, to be considered February 28, 2011.

Final Vote

  • In favor: ; Opposed: ; Abstentions: ;

Council Bill SR 1178: To reform the Elections Code of the Student Government Council – Modesto A. Maidique Campus

January 27, 2011 6 comments

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

Date: January 31, 2011

Committee: Of the Whole

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

Text

Status

  • Retracted.

Final Vote

  • In favor: ; Opposed: ; Abstentions: ;


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

January 13, 2011 4 comments

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


Council Bill SR 1173: To reform the Judicial Branch of the Student Government Council – Modesto A. Maidique Campus

January 13, 2011 4 comments

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

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

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

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

The entirety of the current Article VI. Judicial Branch shall be stricken from the Statutes.

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

Article V. Judicial Branch
Section 5.01 Purpose

(a) The purpose of the SGC-MMC Supreme Court is to serve as the judicial body of the Student Government Council – Modesto A. Maidique Campus.

(b) The Supreme Court shall receive writs of certiorari, for cases of petitions for legal review or grievances against SGC-MMC officials and entities, and shall decide whether to hear them, and if accepted for a hearing, shall rule on the writ.

Section 5.02 Structure and Leadership

(a) The SGC-MMC Supreme Court shall be composed of one (1) Chief Justice, four (4) associate justices and two (2) Court Clerks.

(i) The SGC-MMC Chief Justice shall be the chief administrator of the Supreme Court and a member of the Executive Board.

(ii)      The SGC-MMC Chief Justice shall serve as the SGC-MMC Parliamentarian.

(1)                    In absence of the SGC-MMC Chief Justice during a given SGC meeting, any Associate Justice may serve as the SGC-MMC Parliamentarian.

(iii)       The Court Clerk is responsible for the following:

(1)        Naming and assigning a citation to petitions received by the Supreme Court.

a)         In crafting the name of the case, the plaintiff shall be listed first, followed by the defendant (i.e., Wickard v. Filburn).

b)         In assigning a citation to the case, the Supreme Court designation shall be listed first, followed by the semester and year in which the petition was adjudicated (i.e.,  S.C. 001 (Fall 2010))

(2)        Making available, for public consumption, the vote and the majority and dissenting and relative concurring opinions, as well as the name and citation of the case.

a)         A hard copy of the opinions relative to each petition shall be filed in a binder in the SGC-MMC office, located in Graham Center, Room 211.

b)         The opinions shall be published at the SGC-MMC website, or some other online resource to be designated by the Chief Justice.

Section 5.03 Court Procedures

(a)        All writs of certiorari must be validated or declined within ten (10) business days of being submitted to the Court Clerk.

(b)        All writs of certiorari must be heard within ten (10) business days of being validated, unless the writ is a complaint or grievance filed against an SGC-MMC Official. If the writ is a complaint or grievance filed against an SGC-MMC Official, the Judiciary must hear the writ within fifteen (15) business days of validating the Writ.

(c)        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 inform the charged SGC Official of the allegations, charges, student’s rights, and an explanation of the judicial hearing process. The charged student’s academic schedule should be taken into account 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 plaintiff shall compile all evidence of the official actions of the SGC Official in question; this evidence shall be used during the hearing. The evidence shall be submitted to the SGC official being investigated five (5) business days prior to the hearing.

(1)        In the case that the plaintiff is the Senate Internal Affairs Committee or the Department of Justice, the committee or department shall prepare a report containing all the applicable information regarding the official.

(2)        In the case that a student presents the writ of certiorari, that student is entitled to present the case and evidence or request and allow the Department of Justice to take up the plaintiff role, by presenting the evidence and presenting the argument in the hearing.

i)         The Department of Justice has the prerogative to accept or deny the student’s request to present a case on the student’s behalf.

(iv)       Should the charged official 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.

i)          At any point throughout the proceedings any justice may interrupt to ask a question

(2)        Opening statement by the plaintiff.

i)         Present any Evidence/Witness

(3)        Opening statement by the defendant.

i)          Present any Evidence/Witness

(4)        Closing statement by the plaintiff.

(5)        Closing statement by the defendant.

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

(vi)       Upon conclusion of the hearing, the SGC-MMC Supreme Court will move into deliberations. The Supreme Court’s determination of “guilty” or “not guilty” will be based solely on the information presented at the hearing using the standard of “clear and convincing”. Determination may be made by a simple majority vote of the SGC-MMC Supreme Court.

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

(viii)     The SGC official under investigation has the right to challenge the inclusion of any Supreme Court 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.

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

Council Bill SR 1174: To create an Ethics Code for the Student Government Council – Modesto A. Maidique Campus

January 13, 2011 5 comments

Agenda Item: To create an Ethics Code for 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 create an Ethics Code for the Student Government Council – Modesto A. Maidique Campus


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

SECTION II. Purpose
The purpose of this bill is to create an Ethics Code for SGC-MMC to ensure ethical practices, open government, and transparency.

SECTION III. Enacting Article IX. Code of Ethics in the SGC-MMC Statutes

Article IX. Code of Ethics

Section 9.01 Purpose and Authority

(a)        The purpose of the Ethics Code is to protect the integrity of the Student Government Council – Modesto A. Maidique Campus by prescribing restrictions against conflicts of interest and unethical practices.

(b)        Violation of the Ethics Code regulations may be considered malfeasance.

Section 9.02 Regulations

(a)        No Student Government Official shall participate in any SGA activity that would place that person in a position where there may be a conflict of interest between a private interest and the interest of the Student Body.

(b)        No Senator shall cast a vote in any council bill, resolution, or appropriation that would place that Senator in a position where there may be a conflict of interest between a private interest and the interest of the Student Body.

(c)        No Student Government Official shall participate in any SGA activity or represent Student Government as a Student Government Official in any action or activity in which there may be a personal benefit made that directly conflicts with the interest and benefit of the Student Body.

(d)       No Student Government Official shall use, authorize to use, or condone in any way the wrongful use of Student Government property or Activity and Service Fee funds, defined as the use of funds in violation of the Finance Code, including, but not limited to, the use of Student Government property or Activity and Service Fee funds to aid Student Government political campaigns.

(e)     No Student Government Official shall officially support any religious or ethnic organization during official university time or use university funds to pay for such travel, meetings and/or events.

(e)        No Student Government Official shall solicit or accept direct or indirect payment for the performance or non-performance of any act not specifically allowed for in the Student Government Statutes.

(e)        No Student Government Official shall aid, advise, condone, or in any way induce another to act in violation of any provision in the SGA Constitution or SGC-MMC Statutes.

(f)        No Student Government Official shall commit slander or libel.

(g)        No Student Government Official shall commit or attempt to commit extortion or blackmail.

(h)         No Student Government Official shall commit or attempt to commit bribery.

(i)         No Student Government Official shall cover up evidence or misrepresent any fact pertaining to a violation of the SGC-MMC Statutes, the SGA Constitution, or the FIU Student Code of Conduct.

(j)        No Student Government Official shall knowingly provide false information in his/her capacity as a Student Government Official.

(k)         Student Government Officials must disclose all knowledge of corruption in the Student Government Association.

(l)       No Justice, Senator, member of the Executive Branch or Elections Commissioner shall allow personal interest to influence a vote.

(m)        Student Government Officials are to choose the most qualified and capable applicants to SGA regardless of their race, color,  religion, sex, national origin, ethnicity, age, disability, marital status,  parental status, veteran status, sexual orientation, organizational affiliation, or affiliation with a political campaign party when confirming and selecting candidates nominees outside of elections. during special Senate elections and for confirmation.

(n)        No Student Government Official who is in a position of authority shall threaten, attempt to threaten, or condone threatening, either verbally or in writing, the current or future employment, funding, or position of a subordinate Student Government Official based upon the subordinate’s race, color, religion, sex, national origin, ethnicity, age, disability, marital status, parental status, veteran’s status, sexual orientation, organizational affiliation, or affiliation with a political campaign.

(o)        All Student Government Officials shall perform their duties with due diligence and make a continuous effort towards improvement, and maintain the highest standards of performance, conduct, cooperation, and professionalism.

(p) All Student Government Officials shall conduct themselves at all times in a manner which shall reflect the creditability and professional standard of the Student Government Association, and shall uphold these principles, ever conscious that public office is a public trust.

Section 9.03 Removal of Student Government Officials

(a)        Any member of the Executive Branch may be impeached and removed by the Senate or removed by the Judicial Branch.

(i)         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.

(b)        Any member of the Legislative Branch may be impeached and removed by the Senate or removed by the Judicial Branch.

(c)        Any member of the Judicial Branch may be impeached and removed by the Senate or removed by the Judicial Branch.

Section 9.04 Appeals Process

(a) The Appeals Process is as follows:

(i) A written request must be submitted to the Vice President for Student Affairs or designee within five (5) business days of the receipt of the hearing decision. If a disciplinary action is not appealed, that decision becomes final. The written request must state the reason(s) for appeal, the supporting facts, and the recommended solution. Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal. Appeal considerations are limited to:

1) Due process errors involving violations of a charged student’s rights that substantially affected the outcome of the initial hearing. Appeals based on this consideration will be limited solely to a review of the record of the hearing.

2) New evidence that was not available at the time of the original hearing and may have substantially affected the outcome. The nature of the evidence must be described in full detail in the appeal letter.

(ii) The Vice President for Student Affairs or designee will review the written appeal, tape recording, and documentation from the original hearing, and determine if there is a basis for appeal. If the Vice President for Student Affairs or designee determines there is no basis for appeal and upholds the original Judicial Board Decision, a written decision will be sent to the student stating appeal denial and basis for the denial.

(iii) If an appeal is granted, The Vice President for Student Affair or designee may remand the decision to the original hearing body for review of the specific information in question or may order a new hearing to be held by a different hearing body composed of students trained as hearing body members by the office of Judicial and Mediation Services. Decisions of the appellate body will reflect final agency action.

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: ; 

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