MSU Constitutional Review

PROPOSED AMENDMENTS to the

CONSTITUTION of the

McMASTER STUDENTS UNION

Approved by the SRA Standing Committee on Bylaws & Procedures November 12, 2009

Proposed Amendments to the MSU Constitution – November 12, 2009 Page 1 of 29

MSU Constitution > Table of Contents

Foreword

2

MSU Constitution as amended February 12, 1997

3

MSU Constitution with proposed changes tracked

9

Explanation of Proposed Changes

15

MSU Constitution with proposed changes applied

24

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MSU Constitution > Foreword Dear Assembly, At the 09C meeting of the Student Representative Assembly (April 26, 2009), the Bylaws & Procedures Committee was asked to review the MSU Constitution to open eligibility to all MSU members for election to the Office of VicePresident (Administration). In the process of this review, the Committee discussed a number of other updates, clarifications, and policy decisions that had to be made. No updates have been made to the Constitution by the MSU membership since February of 1997, and we felt it was important to update the Constitution so that it both reflected current practices and clarified otherwise ambiguous requirements.

You may notice that the version of the Constitution that has been undergoing the revision process differs from the version that has been posted to the MSU website. When the Constitution, bylaws, and policies of the MSU were reformatted in mid-2003 for visual and stylistic consistency, a number of changes were made to the Constitution should not have been made without the approval of the student body. These changes have been rolled back and the Constitution is presented based on how it was approved in 1997, in accordance with the best MSU records available.

An explanatory memo accompanies these proposed Constitutional amendments. Please look it over, as it thoroughly explains the rationale for all of the proposed changes. If you have any questions that the memo does not address, please refer to the Bylaws & Procedures Committee minutes (posted to the MSU main website) or contact me by email at the address below.

I would like to thank everyone who participated in our discussions and aided the Bylaws & Procedures Committee over the course of the review process. In particular, I would like to thank David Moore, Julianne Simpson, Victoria Scott, Naheed Yaqubian, Norman Kearney, Andrew Richardson, Chris Martin, Casey Park, Jon Scheiding, and Nick Shorten. Additionally, this project would not have been possible without the hard work and support of the Bylaws & Procedures Committee itself, and I would like to thank Jessie Bauman, Ameya Bopardikar, Matt Dillon-Leitch, David Hodgson, Tamara McNutt, and Rohan Nair for all of the time and energy that they have devoted.

Happy reading!

Sincerely,

Matthew Tenenbaum SRA Bylaws & Procedures Commissioner McMaster Students Union srabylaws@msu.mcmaster.ca

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MSU CONSTITUTION (as amended February 12, 1997) I

NAME AND DEFINITION The following is the constitution of the McMaster Students Union/Syndicat Des Etudiants de McMaster, the organization representing the undergraduate students of McMaster University. In practice, the organization shall be known as the McMaster Students Union or the MSU. In all instances this document forms a binding terms of reference for all its operations, activities and policies, except where this document may be superceded by the letters patent and such bylaws passed by the McMaster Students Union Inc./Syndicat Des Etudiants de McMaster Inc. under the terms of the Corporations Act of Ontario.

II

PURPOSE The purpose of the MSU is to draw into a true society all students at McMaster University. In pursuit of this, it will foster activities and events which will enhance the University experience of its members and contribute to the life of the University as a whole. Further, it will seek to facilitate communication between the student body, the University and other organizations and will organize and regulate student self-government.

III

IV

MEMBERSHIP A.

All full-time undergraduate students shall be members.

B.

Honorary membership may be granted to individuals by the Student Representative Assembly.

ADMINISTRATIVE STRUCTURE A.

GENERAL ASSEMBLY 1.

2.

3.

4.

5.

B.

Membership of the General Assembly shall include A. and B. of Article III. Meetings. A meeting of the General Assembly shall be called by the Secretary within 30 days on resolution of the SRA; or in receipt of a petition of 2% of the MSU membership; or at the call of the President.

All resolutions passed at a meeting of the General Assembly are binding on the SRA. 3% of the membership of the MSU, or 250 members, whichever is higher will constitute quorum for a General Assembly meeting, provided that public notice of the meeting is given one week in advance. Failing one week’s public notice, 10% of the membership of the MSU will constitute a quorum.

At least one General Assembly meeting of the MSU shall be held per academic year.

STUDENT REPRESENTATIVE ASSEMBLY (hereinafter referred to as the SRA) 1.

Membership a) b)

The SRA shall consist of not less than twenty-five and not more than thirty-five elected members of the MSU. The membership of the MSU for purposes of representation on the SRA shall be divided according to the University’s academic divisions.

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c)

2.

i) Any vacancy occurring in the SRA shall be filled from the appropriate division within fifteen (15) school days of the seat being declared vacant at an SRA meeting. ii) Upon receipts of written resignation of the Vice President, the SRA shall fill the vacancy from the membership of the SRA at its next meeting.

Duties The SRA shall: a) b) c) d) e) f) g) h)

3.

Be the policy making body of the MSU. Appoint all Standing Committees.

Appoint such special committees, as it deems necessary.

Elect from its own membership, the Vice President of the MSU. Elect from the membership of the MSU by two-thirds affirmative vote of the SRA members present, the Speaker of the MSU. Elect the Treasurer of the MSU from the membership of the MSU. Appoint the Secretary of the MSU on an annual basis.

Place restrictions on the functions of the Executive Board during the summer period.

Voting The Speaker and Secretary of the MSU shall have no vote at SRA meetings.

4.

Meetings a) b) c)

C.

The SRA shall meet within ten days at the call of the Vice-President; or on petition to the Vice-President of not less than 1% of the MSU membership; or on petition to the Vice-President by not less than 10 members of the SRA. A meeting may be moved to closed session on resolution of the SRA. Quorum. 50% of the voting members of the SRA shall constitute a quorum at all times for SRA meetings.

OFFICERS 1.

The President. The President shall: a) act as its chief executive officer and principle spokesperson. b) be an ex-officio member of all committees appointed by the SRA. c) call the first meeting of the SRA after annual elections.

2.

The Vice-President a) The Vice-President shall be the chief administrative officer. b) The Vice-President of the MSU shall be the Deputy Speaker of the SRA and shall call all its meetings except the first one after the annual elections. c) The Vice-President shall, in the absence of the President, perform the duties of the President. d) The Vice-President shall be an ex-officio member of all committees appointed by the SRA.

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e)

D.

3.

The Speaker. The Speaker of the MSU shall uphold and interpret the constitution, shall preside at all meetings of the SRA and General Assembly.

4.

The Secretary. The Secretary of the MSU shall be the custodian of the records and shall keep the minutes of the meetings of the SRA, General Assembly, and committees of the MSU as directed from time to time.

5.

The Treasurer a) The Treasurer shall be the chief financial officer; b) The Treasurer of the MSU, under the direction of the SRA shall: i) Cause to be kept its books of account; ii) Arrange for the custody and disbursement of funds of the MSU c) The Treasurer shall submit at least annually to the MSU, statements audited by an accountant registered under the Public Accountancy Act of Ontario. d) The Treasurer shall be an ex-officio member of all committees appointed by the SRA.

STANDING COMMITTEES OF THE SRA 1.

2.

E.

i) In the case of the resignation of the President prior to the commencement of the second half of the President’s term, the Vice-President shall be interim President until an election for a new President is held. ii) In the case of the resignation of the President after the commencement of the second half of the President’s term, the Vice-President shall become acting President for the remainder of the President’s term of office. In this eventuality, the Vice-President must resign as Vice-President and as a member of the SRA.

There shall be at least one Standing Committee dealing with each of the following areas: academic affairs, external affairs, finances, and services The SRA shall elect annually the SRA and MSU members at large to these committees.

THE EXECUTIVE BOARD OF THE SRA 1.

Membership. The Executive Board shall consist of the President, who shall chair the meetings, the Vice-President, Treasurer, and up to 6 other members of the SRA.

2.

Duties a) To administer the day to day operations of the MSU. b) To act as an advisory board to the SRA on the effects of SRA policy decisions on the day to day operations of the MSU. c) To prepare the MSU budgets for final recommendations to the SRA. d) To expend and re-allocate funds within any MSU budget category, subject to the request of the group or organization allocated the funds. e) To perform the functions of the SRA during the summer subject to any restrictions placed on it by the SRA. f) In the case of an emergency situation where the SRA is unable to meet, the Executive Board may make an interim decision, although any policy decisions shall be subject to ratification at the next SRA meeting.

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g) h) i)

V

To strike a committee when required for the purpose of appointing subordinate officers to assist in administering the policies of the MSU. These officers to be ratified by the SRA. Shall be accountable for all its actions to the SRA. To ensure the development and review of the long-term objectives of the MSU.

ANNUAL ELECTIONS The President and the members of the SRA shall be elected by March 15 of each year, and shall hold office: A. B.

VI

VII

VIII

President from May 1st for twelve months.

The SRA from April 1st for twelve months.

BYLAWS A.

Bylaws may be adopted or amended by a majority vote of all members of the SRA, pending ten days prior written notice to the SRA.

B.

All interpretations of the constitution made must be in accordance with the bylaws in force at the time the interpretation is made.

REFERENDA A.

A referendum of the general membership of the MSU may be called on a question of policy or any other matter.

B.

A petition signed by 3% of the MSU membership delivered to the Vice-President; or a resolution of the General Assembly; or a majority vote of the total members of the SRA shall initiate a referendum.

C.

All referenda called once the above conditions are met shall be administered by the Election Committee.

D.

The minimum number of ballots in a referendum must be equal to 10% of the membership of the MSU for the results of the referendum to be a binding resolution on the SRA.

RECALL A.

Grounds for recall shall be: 1.

2.

B.

Failure to make reasonable attempts to carry out the duties of office or obey the policies of the MSU as outlined in the constitution, bylaws, or other official documents of the MSU. Using the position held in contravention of the legitimate rights and interests of his/her constituents.

Recall of a Commissioner, Committee Chairperson or any offices appointed or ratified by the SRA, with the exception of those under Clauses C. and D. of this article, shall be automatic on a 2/3 affirmative vote of the SRA on an appropriately worded resolution at two consecutive SRA meetings.

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All vacancies created by a recall motion shall be filled according to established MSU procedures.

C.

Recall of Vice-President or Treasurer 1.

2.

3.

4.

D.

Recall of President or SRA Member(s) 1.

2.

3.

4.

5.

E.

IX

Initiation. A petition of 33% of the SRA delivered to the MSU Secretary.

Notice. The MSU Secretary shall give at least 5 school days’ notice of an SRA meeting for the purpose of recall by: a) Sending written notification to all SRA members. b) Posting it on the official MSU notice board.

Recall shall be automatic upon 2/3 affirmative vote of the total membership of the SRA at two consecutive SRA meetings.

Vacancies created by recall motion shall be filled through a by-election according to established MSU procedures.

Initiation. A petition of 3% of relevant constituency delivered to the MSU Secretary.

Notice. Upon validation of petition by the Chief Returning Officer of the MSU, the MSU Secretary shall give a least 10 school days’ notice of a meeting or referendum of relevant constituents for the purposes of recall by: a) Posting it on the official MSU notice board; and b) Publishing it in the Silhouette.

Quorum a) The President and SRA may be recalled through a referendum. The minimum number of ballots in a referendum must be equal to 15% of the membership of the relevant constituency for the results of such referenda to be binding. b) The quorum for a meeting for the purpose of recall of the President shall be 3% of the General Assembly.

Recall shall be automatic upon 2/3 affirmative vote.

Vacancies created by recall motion shall be filled by by-election according to established MSU procedures.

Any person having been recalled may seek re-election.

AMENDMENTS A.

Initiation. A proposed amendment, supported by a petition of 3% of the members of the MSU, or by petition of at least 50% of the members of the SRA delivered to the Vice-President.

B.

Notice. The Vice-President and the Secretary shall give notice of a proposed amendment at least ten (10) school days prior to an SRA meeting by posting it on the official MSU notice board and publishing it in The Silhouette.

C.

Voting. The SRA shall debate the proposed amendment and present it with a recommendation to a meeting of the General Assembly. For this purpose, a referendum may take the place of a General Assembly meeting. The minimum number of ballots in such a referendum must be equal to 10% of the general membership of the MSU.

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X

D.

Adoption. The amendment is adopted if it receives a two-thirds affirmative vote of those present at a meeting of the General Assembly or of those voting in the referendum.

E.

Authority. If any amendment necessitates changes in the constitution of any other organization affiliated with the MSU, such changes shall become automatic on its passing. Any such change in the constitution will require a review of the bylaws to determine whether or not revisions are necessary. Such revisions to take place within 60 days.

ENABLING CLAUSE This constitution will take effect April 1, 1979, pending acceptance by the membership of the MSU. The Bylaws will take effect April 1st, 1979 pending acceptance under the previous constitution by the SRA 1978/79.

REVISION HISTORY: Approved Jan. 17/64 Amended Dec. 9/64 Amended Dec. 1/65 Amended Feb. 5/69 Amended 1969/70 Amended Feb. 22/77 Amended Feb. 21/79 Amended Feb. 12/97

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MSU CONSTITUTION (with proposed changes tracked) I

NAME AND DEFINITION The following is the constitution Constitution of the McMaster Students Union/Syndicat Des des Etudiants Étudiants de McMaster, the organization representing the undergraduate students of McMaster University.

In practice, the organization shall be known as the McMaster Students Union or the MSU. In all instances this document forms a binding terms of reference for all its operations, activities and policies, except where this document may be superceded by the letters patent and such bylaws passed by the McMaster Students Union Inc.Incorporated/Syndicat Des des Etudiants Étudiants de McMaster Inc.Incorporée under the terms of the Corporations Act of Ontario.

II

PURPOSE The purpose of the MSU is to draw into a true society all students at McMaster University. In pursuit of this, it will foster activities and events which will enhance the University experience of its members and contribute to the life of the University as a whole. Further, it will seek to facilitate communication between the student body, the University and other organizations and will organize and regulate student self-government.

III

IV

MEMBERSHIP A.

All full-time undergraduate students shall be members.

B.

Honorary membership may be granted to individuals by the Student Representative Assembly.

ADMINISTRATIVE STRUCTURE A.

GENERAL ASSEMBLY 1.

2.

3.

4.

5.

B.

Membership of the General Assembly shall include A. and B. of Article III. Meetings. A meeting of the General Assembly shall be called by the Secretary within thirty (30) days on resolution of the SRA; or in receipt of a petition of two percent (2%) of the MSU membership; or at the call of the President.

All resolutions passed at a meeting of the General Assembly are binding on the SRA. Three percent (3%) of the membership of the MSU, or two hundred and fifty (250) members, whichever is higher will constitute quorum for a General Assembly meeting, provided that public notice of the meeting is given one (1) week in advance. Failing one (1) week’s public notice, ten percent (10%) of the membership of the MSU will constitute a quorum.

At least one (1) General Assembly meeting of the MSU shall be held per academic year.

STUDENT REPRESENTATIVE ASSEMBLY (hereinafter referred to as the SRA) 1.

Membership a)

The SRA shall consist of not less than twenty-five (25) and not more than thirtyfive (35) elected members of the MSU.

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b) c)

2.

The membership of the MSU for purposes of representation on the SRA shall be divided according to the University’s academic divisions. i) Any vacancy occurring in the SRA shall be filled from the appropriate division through a by-election to be initiated within fifteen (15) school days of the seat being declared vacant, at an SRA meeting pursuant to a by-election schedule set out in a bylaw approved by the SRA. ii) Upon receipts of the written resignation of the Vice a Vice-President, the SRA shall fill the vacancy from the membership of the SRA MSU at its next meeting no sooner than one week after notice has been published in The Silhouette.

Duties The SRA shall: a) b) c) d) e) f) gf) hg)

3.

Be the policy making body of the MSU. Appoint all Standing Committees.

Appoint such special committees, as it deems necessary.

Elect from its own the membership of the MSU, the Vice Vice-Presidents of the MSU. Elect from the membership of the MSU by two-thirds (2/3) affirmative vote of the SRA members present, the Speaker of the MSU. Elect the Treasurer of the MSU from the membership of the MSU. Appoint the Secretary of the MSU on an annual basis.

Place restrictions on the functions of the Executive Board during the summer period.

Voting The Speaker and Secretary of the MSU shall have no vote at SRA meetings.

4.

Meetings a)

b) c) C.

The SRA shall meet within ten (10) days at the call of the Vice-President (Administration); or on petition to the Vice-President (Administration) of not less than 1% of the MSU membership; or on petition to the Vice-President (Administration) by not less than ten (10) members of the SRA. A meeting may be moved to closed session on resolution of the SRA. Quorum. Fifty percent (50%) of the voting members of the SRA shall constitute a quorum at all times for SRA meetings.

OFFICERS 1.

The President. The President shall: a) The President shall act as its be the chief executive officer Chief Executive Officer and principle principal spokesperson of the MSU. b) The President shall be an ex-officio member observer of all committees appointed by the SRA. c) call the first meeting of the SRA after annual elections.

2.

The Vice-President (Administration)

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a) b) c) d) e)

D.

The Vice-President (Administration) shall be the chief administrative officerChief Administrative Officer.

The Vice-President (Administration) of the MSU shall be the Deputy Speaker of the SRA and shall call all its meetings except the first one after the annual elections.

The Vice-President (Administration) shall, in the absence of the President, perform the duties of the President.

The Vice-President (Administration) shall be an ex-officio member observer of all committees appointed by the SRA. i) In the case of the resignation of the President prior to the commencement of the second half of the President’s term, the Vice-President (Administration) shall be interim President until an election for a new President is held. ii) In the case of the resignation of the President after the commencement of the second half of the President’s term, the Vice-President (Administration) shall become acting President for the remainder of the President’s term of office.

In this eventuality, the Vice-President (Administration) must resign as VicePresident (Administration)and as a member of the SRA.

3.

The Speaker. The Speaker of the MSU shall uphold and interpret the constitutionConstitution and bylaws, and shall preside at all meetings of the SRA and General Assembly.

4.

The Secretary. The Secretary of the MSU shall be the custodian of the records and shall keep the minutes of the meetings of the SRA, General Assembly, and committees of the MSU as directed from time to time.

5.

The TreasurerVice-President (Finance) a) The Treasurer Vice-President (Finance) shall be the chief financial officerChief Financial Officer;. b) The Treasurer Vice-President (Finance) of the MSU, under the direction of the SRA shall: i) Cause to be kept its books of account; ii) Arrange for the custody and disbursement of funds of the MSU. c) The Treasurer Vice-President (Finance) shall submit at least annually to the MSU, statements audited by an accountant registered under the Public Accountancy Act of Ontario. d) The Treasurer Vice-President (Finance) shall be an ex-officio member observer of all committees appointed by the SRA.

6.

The Vice-President (Education) a) The Vice-President (Education) of the MSU, under the direction of the SRA shall advocate at-large for the academic interests of the MSU membership. b) The Vice-President (Education) shall be an observer of all committees appointed by the SRA.

STANDING COMMITTEES OF THE SRA 1.

There shall be at least one (1) Standing Committee dealing with each of the following areas: academic affairs, external affairs, finances, internal governance, and services, and university affairs.

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2.

E.

V

The SRA shall elect annually the SRA and MSU members at large to these committees.

THE EXECUTIVE BOARD OF THE SRA 1.

Membership. The Executive Board shall consist of the President, who shall chair the meetings, the Vice-President (Administration), TreasurerVice-President (Finance), VicePresident (Education), and up to 6 five (5) other members of the SRA.

2.

Duties a) To administer the day to day operations of the MSU. b) To act as an advisory board to the SRA on the effects of SRA policy decisions on the day to day operations of the MSU. c) To prepare the MSU budgets for final recommendations to the SRA. d) To expend and re-allocate funds within any MSU budget category, subject to the request of the group or organization allocated the funds. e) To perform the functions of the SRA during the summer subject to any restrictions placed on it by the SRA. f) In the case of an emergency situation where the SRA is unable to meet, the Executive Board may make an interim decision, although any policy decisions shall be subject to ratification at the next SRA meeting. g) To strike a committee when required for the purpose of appointing subordinate officers to assist in administering the policies of the MSU. These officers to be ratified by the SRA. h) Shall be accountable for all its actions to the SRA. i) To ensure the development and review of the long-term objectives of the MSU.

ANNUAL ELECTIONS The President and the members of the SRA shall be elected by March 15 of each year, and shall hold office: A. B.

VI

VII

President from May 1st for twelve (12) months.

The SRA from April 1st for twelve (12) months.

BYLAWS A.

Bylaws may be adopted or amended by a majority vote of all members of the SRA, pending ten (10) days prior written notice to the SRA.

B.

All interpretations of the constitution Constitution made must be in accordance with the bylaws in force at the time the interpretation is made.

REFERENDA A.

A referendum of the general membership of the MSU may be called on a question of policy or any other matter.

B.

A petition signed by three percent (3%) of the MSU membership delivered to the Vice-President (Administration); or a resolution of the General Assembly; or a majority vote of the total members of the SRA shall initiate a referendum.

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VIII

C.

All referenda called once the above conditions are met shall be administered by the Elections Committee.

D.

The minimum number of ballots in a referendum must be equal to ten percent (10%) of the membership of the MSU for the results of the referendum to be a binding resolution on the SRA.

E.

Policy resolutions (i.e. other than amendments to the Constitution or approval of fees) shall be reviewed at least once every four (4) years by a committee appointed by the SRA.

RECALL A.

Grounds for recall shall be: 1.

2.

B.

Failure to make reasonable attempts to carry out the duties of office or obey the policies of the MSU as outlined in the constitutionConstitution, bylaws, or other official documents of the MSU. Using the position held in contravention of the legitimate rights and interests of his/her the member’s constituents.

Recall of a Commissioner, Committee Chairperson or person holding any offices appointed or ratified by the SRA, with the exception of those under Clauses C. and D. of this article, shall be automatic on a two-thirds (2/3) affirmative vote of the SRA on an appropriately worded resolution at two (2) consecutive SRA meetings.

All vacancies created by a recall motion shall be filled according to established MSU procedures.

C.

Recall of Vice-President(s) or Treasurer 1.

2.

3.

4.

D.

Initiation. A petition of thirty-three percent (33%) of the SRA delivered to the MSU Secretary.

Notice. The MSU Secretary shall give at least 5 ten (10) school business days’ notice of an SRA meeting for the purpose of recall by: a) Sending written notification to all SRA members. b) Posting it on the official MSU notice board.

Recall shall be automatic upon two-thirds (2/3) affirmative vote of the total membership of the SRA at two (2) consecutive SRA meetings.

Vacancies created by recall motion shall be filled through a by-election according to established MSU procedures.

Recall of President or SRA Member(s) 1.

2.

3.

Initiation. A petition of three percent (3%) of relevant constituency delivered to the MSU Secretary.

Notice. Upon validation of petition by the Chief Returning Officer of the MSU, the MSU Secretary shall give a least ten (10) school days’ notice of a meeting or referendum of relevant constituents for the purposes of recall by: a) Posting it on the official MSU notice board; and b) Publishing it in the The Silhouette.

Quorum

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a)

4.

5.

E.

IX

X

The President and SRA may be recalled through a referendum of the relevant constituency. b) The minimum number of ballots in a referendum must be equal to fifteen percent (15%) of the membership of the relevant constituency for the results of such referenda to be binding. bc) The quorum for a meeting of the General Assembly for the purpose of recall of the President, in place of a referendum shall be three percent (3%) of the General AssemblyMSU membership.

Recall shall be automatic upon two-thirds (2/3) affirmative vote.

Vacancies created by recall motion shall be filled by by-election according to established MSU procedures.

Any person having been recalled may seek re-election.

AMENDMENTS A.

Initiation. A proposed amendment, supported by a petition of three percent (3%) of the members of the MSU, or by petition of at least fifty percent (50%) of the members of the SRA delivered to the Vice-President (Administration).

B.

Notice. The Vice-President (Administration) and the Secretary shall give notice of a proposed amendment at least ten (10) school days prior to an SRA meeting by posting it on the official MSU notice board and publishing it in The Silhouette.

C.

Voting. The SRA shall debate the proposed amendment and present it with a recommendation to a meeting of the General Assembly. For this purpose, a referendum may take the place of a General Assembly meeting. The minimum number of ballots in such a referendum must be equal to ten percent (10%) of the general membership of the MSU.

D.

Adoption. The amendment is adopted if it receives a two-thirds (2/3) affirmative vote of those present at a meeting of the General Assembly or of those voting in the referendum.

E.

Authority. If any amendment necessitates changes in the constitution Constitution of any other organization affiliated with the MSU, such changes shall become automatic on its passing. Any such change in the constitution Constitution will require a review of the bylaws to determine whether or not revisions are necessary. Such revisions to take place within sixty (60) days.

ENABLING CLAUSE This constitution Constitution will take effect April 1, 1979, pending acceptance by the membership of the MSU. The Bylaws bylaws will take effect April 1st, 1979 pending acceptance under the previous constitution Constitution by the SRA 1978/79.

REVISION HISTORY: Approved Jan. 17/64 Amended Dec. 9/64 Amended Dec. 1/65 Amended Feb. 5/69 Amended 1969/70 Amended Feb. 22/77 Amended Feb. 21/79 Amended Feb. 12/97

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MSU Constitution > Explanation of Proposed Changes The purpose of this document is to maintain a track record of the Constitutional changes that are being proposed, explain the rationale for each proposed change, and link each textual amendment with its corresponding rationale.

Policy Decisions Opening of Eligibility for the Office of Vice-President (Administration) In April of 2009 (SRA 09C), the Student Representative Assembly referred to the Bylaws & Procedures Committee the question of whether or not MSU members-at-large should be made eligible for election to the Office of VicePresident (Administration). This referral was based off of an informal recommendation made at a non-quorate General Assembly meeting held in the preceding March.

The Bylaws & Procedures Committee has discussed this matter since June of 2009 and, in agreement with the sentiments expressed by students in March of 2009 and the 2008-2009 Bylaws & Procedures Committee, has endorsed this change. As the current requirement that the Vice-President (Administration) be elected from within the SRA is entrenched in the MSU Constitution, approval by the MSU membership will be required to make this change.

The proposed amendments included in this package would open eligibility for this position to all MSU members.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.1.c.ii IV.B.2.d IV.C.2.e.ii Addition of the Office of Vice-President (Education) In January of 1999 (SRA 98N), the SRA decided to add a full-time Director position – the Vice-President (Education) – to replace the Associate Vice-President (External Affairs and University Affairs) positions. This new position was recognized through the amendment of Bylaw 4 – Officers, as well as corollary amendments made to other bylaws.

Since no Constitutional revision has been conducted between 1999 and the present, the question of whether or not the Vice-President (Education) should be referenced in the Constitution, like the other members of the Board of Directors, has not been raised.

Both the 2008-2009 and 2009-2010 Bylaws and Procedures Committees have agreed that the position of VicePresident (Education) should be incorporated into the Constitution. This would put all three Vice-Presidents on an equal plane with regard to legitimacy and importance. Though the outcome of adding a fourth Board member may have been unclear in 1999, the role of the Vice-President (Education) has since been demonstrated as vital to the work conducted by the MSU. It is entirely appropriate to entrench the position in the Constitution alongside other officers who hold similar standing within the organization.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.6 (and subsidiary sections) IV.E.1

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Time Restriction on SRA Vacancies In February of 1979, a referendum approved an amendment to the Constitution requiring that any vacancies on the SRA be filled, “within fifteen (15) school days of the seat being declared vacant at an SRA meeting.” Nonetheless, Bylaw 3/A – Assembly Procedures had (until recently) provided for a by-election schedule that reflected over four decades of MSU practice. In January of 2009, the MSU Speaker ruled these provisions out of order due to their conflict with the text of the Constitution.

A question was raised in August of 2009 regarding whether the Constitution, in mandating that SRA vacancies be filled within 15 school days, required the administration of a by-election in September. In the absence of an elected Speaker, the Deputy Speaker revisited the January decision and ruled at the next SRA meeting (SRA 09F) that the use of a by-election schedule was Constitutionally permissible. During the following October (SRA 09H), a modified by-election schedule was re-inserted into Bylaw 3/A – Assembly Procedures. The discussion and debate over this issue, however, drew into focus a need to revisit the text of the Constitution on which both 2009 rulings were based.

The section of the Constitution pertaining to the filling of SRA vacancies ensures that no body within the MSU can decide whether or not by-elections are to be held; decisions regarding representation rightfully belong to students at large. However, the current text appears to prohibit the “clustering” of vacancies that could be filled in orderly, scheduled by-elections. An unpredictable series of by-elections, each held within 15 school days of a single SRA vacancy, has the potential to place unreasonable demands upon MSU Elections personnel and inhibits students’ ability to engage with the democratic process.

Amendment of this section is proposed so that the use of a by-election schedule can be made clearly permissible, without allowing for SRA vacancies to go unfilled. The proposed wording additionally takes into account that, due to the possibility of appeals, it may not be possible to complete a by-election within 15 days, and instead requires that the by-election be initiated within 15 days. This would allow for SRA seats to be filled in a less hurried or chaotic manner.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.1.c.i Standing Committee on Internal Governance Of the six standing committees of the SRA, four are currently mandated by Article IV.D of the Constitution: University Affairs (satisfying the “academic affairs” requirement), External Affairs, Finances, and Services. The two other standing committees – Bylaws & Procedures, and Operations – exist as a consequence of Bylaw 3/B – Standing Committees of the SRA. Though the Operations Committee has only existed since the 2004-2005 session, the Bylaws & Procedures Committee has existed (though sometimes under a different name) for well over 50 years.

After discussion on the matter, the Bylaws & Procedures Committee has agreed that a standing committee devoted to MSU internal governance should be entrenched in the relevant section of the Constitution. There should be at least one standing committee (which exists at all times, rather than an ad-hoc committee struck as needed) dedicated to monitoring and reviewing the organization’s governance structure on an ongoing basis. Furthermore, the needs of internal governance review are best served by a dedicated group of experts (who would comprise the governance committee) rather than having this work fall into the portfolios of other committees with different priorities.

There are definite benefits to having a standing committee devoted to matters of internal governance, and the existence of such a committee is as important to the function of the MSU as the other standing committees already specified in Article IV.D.

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The insertion of the term “internal governance” (rather than “Bylaws & Procedures”) is proposed because article IV.D of the Constitution refers broadly to areas of need, not the names of specific committees. The current Bylaws & Procedures Committee has existed under different names over the course of MSU history (such as the “Constitution, Bylaws, & Policies Committee” prior to the 2004-2005 session) and the SRA should retain the flexibility to rename the committee as the need arises.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.D.1 Review of Directives arising from MSU Referenda The SRA is bound by any decision made by referendum, so long as the 10% quorum requirement is met. As there are no time limits attached to these decisions, any decisions made in years past remain binding upon the SRA unless overturned by a subsequent referendum. An unfortunate consequence is that a number of outdated and era-specific policy resolutions, such as referendum directives from 1986 relating to divestment from South Africa, remain binding long after their purpose has been served.

The Bylaws & Procedures Committee recommends that policy decisions (i.e. decisions aside from Constitutional amendments or the approval of fees) be reviewed by the SRA or one of its committees on a regular basis to ensure that they continue to align with the needs and interests of students. Should a policy mandate no longer be relevant, the SRA may bring the question again to students by calling another referendum on the matter. A Constitutional requirement that policy decisions be reviewed at least once every four years would ensure that subsequent cohorts of undergraduate students have the opportunity to weigh in on decisions made in years past.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VII.E Notice of Vacancy for Vice-President Positions The Constitution currently requires that, should the Vice-President (Administration) resign, the vacancy shall be filled at the next SRA meeting. Since all three Vice-President positions are to be elected from the MSU membership, it is proposed that this requirement be rephrased to address all three positions (refer to Clarifications, below).

In order to ensure that all MSU members are appropriately informed of these vacancies, and that they each have a fair opportunity to seek election, it is recommended that a notice requirement be added to the relevant section of the Constitution. Requiring that Vice-Presidential elections not be held until one week after notice has been published in The Silhouette would ensure that all interested students are able to participate in the process.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.1.c.ii Recall of Vice-President(s) outside of the Academic Year Article VIII.C of the Constitution outlines the procedures by which a Vice-President may be recalled by the SRA, and currently requires that five school days’ notice of an SRA meeting for the purpose of recall be provided. While this notice period is perfectly suitable for recall motions that may arise during the academic year, it does not allow the SRA to entertain such a motion at any other time. The SRA ordinarily holds at least two meetings during the summer term, and at least one meeting during the April exam period, during which the Assembly ought to be able to entertain a recall motion should the need arise.

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The Bylaws & Procedures Committee has proposed that the notice period in terms of “school days” be amended to read in terms of “business days.” This would allow the MSU Secretary to provide appropriate notice during the summer, and would consequently allow the SRA to entertain a recall motion at any of its regularly scheduled summer meetings (or any emergency meeting called for the purpose of recall). Furthermore, it makes sense to increase the number of business days notice required from five to ten, to mirror the requirements that we currently have for the recall of the President or members of the SRA. Amendment of the notice requirement for recall of the President or SRA members(s), provided in article VIII.D, is not being proposed. Since the decision to recall the President or SRA member(s) must be made by MSU members-atlarge, mandating a notice period in terms of “school days” that fall during the academic year is wholly appropriate.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.C.2

Clarifications Syndicat des Étudiants de McMaster In accordance with proper French spelling and grammar, “Syndicat Des Etudiants de McMaster” should be changed to “Syndicat des Étudiants de McMaster.” Please note the non-capitalization of “des” and the addition of an accent in “étudiants.”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: I Updating Officer Titles In January of 1999 (SRA 98N), the SRA approved a restructuring of the Board of Directors that included a renaming of the Vice-President positions. The Constitution currently makes reference to a Vice-President and Treasurer, and it has been understood that these titles refer to the Vice-President (Administration) and Vice-President (Finance), respectively. These connections were clarified in March of 2009 (SRA 08R) by amendments made to Bylaw 1 – Definitions.

For the sake of consistency, the titles used in the Constitution should be updated to reflect the actual job titles of the Vice-Presidents. In all instances, references to either the “Vice President” or “Vice-President” have been amended to refer to the “Vice-President (Administration).”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.4.a IV.C.2 (and subsidiary sections) IV.E.1 VII.B IX.A IX.B Additionally, references to the “Treasurer” have been deleted and replaced with “Vice-President (Finance).”

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CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.5 (and subsidiary sections) IV.E.1 Election/Resignation/Recall of Vice-Presidents Since each of the three Vice-Presidents of the MSU are to be elected by the SRA from the MSU membership, it does not make sense to list the election of each Vice-President as a separate SRA duty under article IV.B.2. The election of the Vice-Presidents (Finance & Education) could be clearly addressed by a modification of the section regarding election of the Vice-President (Administration).

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.2.d IV.B.2.f (deleted) Further, the section regarding the resignation of the Vice-President (Administration) should be amended to address the resignation of any Vice-President, since all of the consequent vacancies would be filled from the MSU membership.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.B.1.c.ii Lastly, the relevant section pertaining to recall should apply clearly to all three Vice-Presidents.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.C Calling of SRA Meetings The Constitution currently requires that the President call the first SRA meeting of a new session, rather than the Vice-President (Administration). This condition is a vestige of the days when the Vice-President (Administration) was required to hold a divisional seat on the SRA, and was not necessarily a member of the incoming SRA. The VicePresident (Administration) now serves a term of May 1 – April 30, meaning that he or she would be a member of the incoming SRA and could call the meeting at which the new SRA elects his or her successor. It makes sense for the Vice-President (Administration) to be responsible for calling all SRA meetings.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.1.c (deleted) IV.C.2.b Office of the President The section of the Constitution outlining the duties of the President has been amended to (a) be stylistically consistent with the sections devoted to other officers, and (b) improve clarity with regard to what body the President acts as principal spokesperson for (“its” has been replaced with “of the MSU”).

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.1 (and subsidiary sections)

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“Observer” vs. “Ex-officio” The President and Vice-Presidents of the MSU, by virtue of their offices, are granted speaking rights on all SRAappointed committees. However, as they themselves are generally not appointed to these committees, they are not automatically granted voting rights. Prior to 2008, the speaking rights (but not voting rights) of these and other officials within MSU-associated bodies has been recognized in the bylaws and operating policies by designating them “ex-officio members.”

The use of this term can lead to confusion. Robert’s Rules of Order, Newly Revised (2000), which is used as the MSU’s official parliamentary authority, defines “ex-officio members” as officials granted both speaking and voting rights within a deliberative body by virtue of their office. This conflicts with the definition of “ex-officio” used within the MSU. Thus, when the 2008-2009 Bylaws & Procedures Committee undertook its bylaw review project, it systematically replaced “ex-officio member” with a preferable term – “observer” – that is clearly defined in Bylaw 1 – Definitions.

In keeping with this shift in terminology, Constitutional references to officers being “ex-officio members” of SRAappointed committees should be amended to make use of the preferable term, “observer.”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.1.b IV.C.2.d IV.C.5.d Role of the Speaker As outlined in Bylaw 4 – Officers, the Speaker is responsible for upholding and interpreting not just the MSU Constitution, but also all MSU bylaws duly approved by the SRA. The Constitution should clarify this and entrench the interpretation of MSU bylaws as being part of the Speaker’s portfolio.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.3 Standing Committee on University Affairs Article IV.D currently mandates the existence of a standing committee on “academic affairs;” this requirement has been satisfied by the current University Affairs Committee, which deals with academic and other issues at the University level. However, the characterization of this committee as one devoted primarily to “academic affairs” fails to capture how its mandate has evolved over the years. The University Affairs Committee is tasked with monitoring and addressing a broad array of McMaster-specific issues including academic matters, politics within the University administration, and student engagement in University life. Importantly, each of these fields plays an equal role in the mandate of the committee, and each is essential to both the committee’s portfolio and the needs of the MSU. It is suggested that the reference to an “academic affairs” standing committee in the Constitution be changed to refer to a “university affairs” committee. This more fully and accurately captures both the current functions of the committee and the needs of the MSU that it is tasked with addressing.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.D.1

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Expenditure and Re-allocation by the Executive Board Article IV.E of the Constitution establishes the role of the Executive Board, and specifies (in article IV.E.2.d) that it may “expend and re-allocate funds within any MSU budget category, subject to the request of the group or organization allocated the funds.” Read literally, this section suggests that the Executive Board may only expend or re-allocate funds upon the request of a department, which is inappropriate. Expenditure and re-allocation provisions are already set out in Bylaw 6 – Executive Board, and the removal of “subject to the request of the group or organization allocated the funds” from article IV.E.2.d of the Constitution would more appropriately reflect the role of the Executive Board.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.E.2.d Elections Committee The MSU Committee that administers elections and referenda is properly called the “Elections Committee,” not the “Election Committee.” The term “Elections Committee” has been used since at least as early as April of 1998 (SRA 98A).

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VII.C Recall from SRA-appointed Offices Article VIII.B of the Constitution currently specifies the recall procedure to be used for “Commissioner[s], Committee Chairperson[s] or any offices appointed or ratified by the SRA, with the exception of those under Clauses C. and D. of this article.” Since this section applies to any offices that fit the criteria listed, the specific references to Commissioners and Committee Chairs are cumbersome and unnecessary. An amendment is proposed to clarify this section.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.B Recall of an SRA Member by Referendum When an SRA member is recalled by referendum, the minimum number of ballots must be equal to 15% “of the membership of the relevant constituency.” Given that this requirement is outlined in terms of the relevant constituency, it makes sense to clarify that the referendum itself must be held amongst members of the relevant constituency.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.D.3 Recall of the President by the General Assembly The Constitution currently allows for the President to be recalled at a meeting of the General Assembly or through a referendum. Though the Constitution is clear with regard to the latter situation, the section regarding the General Assembly should be reworded to plainly show the requirements for recall.

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CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.D.3

Stylistic Protocols Dates For the sake of consistency and clarity, all specific dates referred to in the Constitution should be written in the cardinal form (“May 1”), rather than the ordinal form (“May 1st").

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: V.A V.B X Numbers Currently the Constitution makes use of words (“one”) in some sections, and numerals (“1”) in others. For clarity, numbers should be presented in both forms in all but the simplest cases. The preferred style should be of the form, “Failing one (1) week’s public notice, …”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.A.2 V.A VIII.D.1 IV.A.4 V.B VIII.D.2 IV.A.5 VI.A VIII.D.3.a IV.B.1.a VII.B VIII.D.3.b IV.B.2.e VII.D VIII.D.4 IV.B.4.a VIII.B IX.A IV.B.4.c VIII.C.1 IX.C IV.D.1 VIII.C.2 IX.D IV.E.1 VIII.C.3 IX.E Capitalization Capitalization of key terms should be employed both properly and consistently.

The term “constitution,” wherever it refers specifically to the MSU document currently under review, should be capitalized as “Constitution” as it is a proper noun.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: I IV.C.3 VI.B VIII.A.1 IX.E X The term “bylaw” (or the plural “bylaws”) should be in the lower case, except where it refers to a specific bylaw.

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CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: X Titles of office, such as “chief executive officer,” should also be capitalized to the form of “Chief Executive Officer.”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.1.a IV.C.2.a IV.C.5.a Our campus newspaper, The Silhouette, should be referred to as “The Silhouette” rather than “the Silhouette.”

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.D.2.b Abbreviations “Inc.” should be expanded to “Incorporated” (e.g. in reference to “McMaster Students Union Inc.”) or “Incorporée” (e.g. in reference to “Syndicat des Étudiants de McMaster Inc.”).

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: I Gender Neutrality The use of gender-based terms such as “his,” “her,” and the awkward “his/her” should be avoided.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: VIII.A.2 Periods The current Constitution makes several complete statements that do not end in periods or any other punctuation; they are left unresolved. Periods have been added to the ends of these statements for the sake of grammatical correctness.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.5.b.ii IV.D.1 In addition, there is one instance where a period should be used to terminate a statement rather than a semicolon.

CONSEQUENTLY AMENDMENTS ARE PROPOSED TO THE FOLLOWING ARTICLES OF THE CONSTITUTION: IV.C.5.a

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MSU CONSTITUTION (with proposed changes applied) I

NAME AND DEFINITION The following is the Constitution of the McMaster Students Union/Syndicat des Étudiants de McMaster, the organization representing the undergraduate students of McMaster University. In practice, the organization shall be known as the McMaster Students Union or the MSU. In all instances this document forms a binding terms of reference for all its operations, activities and policies, except where this document may be superceded by the letters patent and such bylaws passed by the McMaster Students Union Incorporated/Syndicat des Étudiants de McMaster Incorporée under the terms of the Corporations Act of Ontario.

II

PURPOSE The purpose of the MSU is to draw into a true society all students at McMaster University. In pursuit of this, it will foster activities and events which will enhance the University experience of its members and contribute to the life of the University as a whole. Further, it will seek to facilitate communication between the student body, the University and other organizations and will organize and regulate student self-government.

III

IV

MEMBERSHIP A.

All full-time undergraduate students shall be members.

B.

Honorary membership may be granted to individuals by the Student Representative Assembly.

ADMINISTRATIVE STRUCTURE A.

GENERAL ASSEMBLY 1.

2.

3.

4.

5.

B.

Membership of the General Assembly shall include A. and B. of Article III. Meetings. A meeting of the General Assembly shall be called by the Secretary within thirty (30) days on resolution of the SRA; or in receipt of a petition of two percent (2%) of the MSU membership; or at the call of the President.

All resolutions passed at a meeting of the General Assembly are binding on the SRA. Three percent (3%) of the membership of the MSU, or two hundred and fifty (250) members, whichever is higher will constitute quorum for a General Assembly meeting, provided that public notice of the meeting is given one (1) week in advance. Failing one (1) week’s public notice, ten percent (10%) of the membership of the MSU will constitute a quorum.

At least one (1) General Assembly meeting of the MSU shall be held per academic year.

STUDENT REPRESENTATIVE ASSEMBLY (hereinafter referred to as the SRA) 1.

Membership a)

The SRA shall consist of not less than twenty-five (25) and not more than thirtyfive (35) elected members of the MSU.

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b) c)

2.

The membership of the MSU for purposes of representation on the SRA shall be divided according to the University’s academic divisions. i) Any vacancy occurring in the SRA shall be filled from the appropriate division through a by-election to be initiated within fifteen (15) school days of the seat being declared vacant, pursuant to a by-election schedule set out in a bylaw approved by the SRA. ii) Upon receipt of the written resignation of a Vice-President, the SRA shall fill the vacancy from the membership of the MSU at its next meeting no sooner than one week after notice has been published in The Silhouette.

Duties The SRA shall:

3.

a) b) c) d) e)

Be the policy making body of the MSU. Appoint all Standing Committees.

Appoint such special committees, as it deems necessary.

Elect from the membership of the MSU, the Vice-Presidents of the MSU. Elect from the membership of the MSU by two-thirds (2/3) affirmative vote of the SRA members present, the Speaker of the MSU.

f) g)

Appoint the Secretary of the MSU on an annual basis.

Place restrictions on the functions of the Executive Board during the summer period.

Voting The Speaker and Secretary of the MSU shall have no vote at SRA meetings.

4.

Meetings a)

b) c) C.

The SRA shall meet within ten (10) days at the call of the Vice-President (Administration); or on petition to the Vice-President (Administration) of not less than 1% of the MSU membership; or on petition to the Vice-President (Administration) by not less than ten (10) members of the SRA. A meeting may be moved to closed session on resolution of the SRA. Quorum. Fifty percent (50%) of the voting members of the SRA shall constitute a quorum at all times for SRA meetings.

OFFICERS 1.

The President a) The President shall be the Chief Executive Officer and principal spokesperson of the MSU. b) The President shall be an observer of all committees appointed by the SRA.

2.

The Vice-President (Administration) a) The Vice-President (Administration) shall be the Chief Administrative Officer. b) The Vice-President (Administration) of the MSU shall be the Deputy Speaker of the SRA and shall call all its meetings.

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c) d) e)

D.

3.

The Speaker. The Speaker of the MSU shall uphold and interpret the Constitution and bylaws, and shall preside at all meetings of the SRA and General Assembly.

4.

The Secretary. The Secretary of the MSU shall be the custodian of the records and shall keep the minutes of the meetings of the SRA, General Assembly, and committees of the MSU as directed from time to time.

5.

The Vice-President (Finance) a) The Vice-President (Finance) shall be the Chief Financial Officer. b) The Vice-President (Finance) of the MSU, under the direction of the SRA shall: i) Cause to be kept its books of account; ii) Arrange for the custody and disbursement of funds of the MSU. c) The Vice-President (Finance) shall submit at least annually to the MSU, statements audited by an accountant registered under the Public Accountancy Act of Ontario. d) The Vice-President (Finance) shall be an observer of all committees appointed by the SRA.

6.

The Vice-President (Education) a) The Vice-President (Education) of the MSU, under the direction of the SRA shall advocate at-large for the academic interests of the MSU membership. b) The Vice-President (Education) shall be an observer of all committees appointed by the SRA.

STANDING COMMITTEES OF THE SRA 1.

2.

E.

The Vice-President (Administration) shall, in the absence of the President, perform the duties of the President.

The Vice-President (Administration) shall be an observer of all committees appointed by the SRA. i) In the case of the resignation of the President prior to the commencement of the second half of the President’s term, the Vice-President (Administration) shall be interim President until an election for a new President is held. ii) In the case of the resignation of the President after the commencement of the second half of the President’s term, the Vice-President (Administration) shall become President for the remainder of the President’s term of office. In this eventuality, the Vice-President (Administration) must resign as Vice-President (Administration).

There shall be at least one (1) Standing Committee dealing with each of the following areas: external affairs, finances, internal governance, services, and university affairs.

The SRA shall elect annually the SRA and MSU members at large to these committees.

THE EXECUTIVE BOARD OF THE SRA 1.

Membership. The Executive Board shall consist of the President, who shall chair the meetings, the Vice-President (Administration), Vice-President (Finance), Vice-President (Education), and up to five (5) other members of the SRA.

2.

Duties

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a) b) c) d) e) f) g) h) i)

V

To administer the day to day operations of the MSU. To act as an advisory board to the SRA on the effects of SRA policy decisions on the day to day operations of the MSU. To prepare the MSU budgets for final recommendations to the SRA. To expend and re-allocate funds within any MSU budget category.

To perform the functions of the SRA during the summer subject to any restrictions placed on it by the SRA. In the case of an emergency situation where the SRA is unable to meet, the Executive Board may make an interim decision, although any policy decisions shall be subject to ratification at the next SRA meeting.

To strike a committee when required for the purpose of appointing subordinate officers to assist in administering the policies of the MSU. These officers to be ratified by the SRA. Shall be accountable for all its actions to the SRA. To ensure the development and review of the long-term objectives of the MSU.

ANNUAL ELECTIONS The President and the members of the SRA shall be elected by March 15 of each year, and shall hold office: A. B.

VI

VII

President from May 1 for twelve (12) months.

The SRA from April 1 for twelve (12) months.

BYLAWS A.

Bylaws may be adopted or amended by a majority vote of all members of the SRA, pending ten (10) days prior written notice to the SRA.

B.

All interpretations of the Constitution made must be in accordance with the bylaws in force at the time the interpretation is made.

REFERENDA A.

A referendum of the general membership of the MSU may be called on a question of policy or any other matter.

B.

A petition signed by three percent (3%) of the MSU membership delivered to the Vice-President (Administration); or a resolution of the General Assembly; or a majority vote of the total members of the SRA shall initiate a referendum.

C.

All referenda called once the above conditions are met shall be administered by the Elections Committee.

D.

The minimum number of ballots in a referendum must be equal to ten percent (10%) of the membership of the MSU for the results of the referendum to be a binding resolution on the SRA.

E.

Policy resolutions (i.e. other than amendments to the Constitution or approval of fees) shall be reviewed at least once every four (4) years by a committee appointed by the SRA.

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VIII

RECALL A.

Grounds for recall shall be: 1.

2.

B.

Failure to make reasonable attempts to carry out the duties of office or obey the policies of the MSU as outlined in the Constitution, bylaws, or other official documents of the MSU. Using the position held in contravention of the legitimate rights and interests of the member’s constituents.

Recall of a person holding any office appointed or ratified by the SRA, with the exception of those under Clauses C. and D. of this article, shall be automatic on a two-thirds (2/3) affirmative vote of the SRA on an appropriately worded resolution at two (2) consecutive SRA meetings.

All vacancies created by a recall motion shall be filled according to established MSU procedures.

C.

Recall of Vice-President(s) 1.

2.

3.

4.

D.

Initiation. A petition of thirty-three percent (33%) of the SRA delivered to the MSU Secretary.

Notice. The MSU Secretary shall give at least ten (10) business days’ notice of an SRA meeting for the purpose of recall by: a) Sending written notification to all SRA members. b) Posting it on the official MSU notice board.

Recall shall be automatic upon two-thirds (2/3) affirmative vote of the total membership of the SRA at two (2) consecutive SRA meetings.

Vacancies created by recall motion shall be filled through a by-election according to established MSU procedures.

Recall of President or SRA Member(s) 1.

2.

3.

4.

5.

Initiation. A petition of three percent (3%) of relevant constituency delivered to the MSU Secretary.

Notice. Upon validation of petition by the Chief Returning Officer of the MSU, the MSU Secretary shall give a least ten (10) school days’ notice of a meeting or referendum of relevant constituents for the purposes of recall by: a) Posting it on the official MSU notice board; and b) Publishing it in The Silhouette.

Quorum a) The President and SRA may be recalled through a referendum of the relevant constituency. b) The minimum number of ballots in a referendum must be equal to fifteen percent (15%) of the membership of the relevant constituency for the results of such referenda to be binding. c) The quorum for a meeting of the General Assembly for the purpose of recall of the President, in place of a referendum shall be three percent (3%) of the MSU membership.

Recall shall be automatic upon two-thirds (2/3) affirmative vote.

Vacancies created by recall motion shall be filled by by-election according to established MSU procedures.

Proposed Amendments to the MSU Constitution – November 12, 2009 Page 29 of 29

E.

IX

X

Any person having been recalled may seek re-election.

AMENDMENTS A.

Initiation. A proposed amendment, supported by a petition of three percent (3%) of the members of the MSU, or by petition of at least fifty percent (50%) of the members of the SRA delivered to the Vice-President (Administration).

B.

Notice. The Vice-President (Administration) and the Secretary shall give notice of a proposed amendment at least ten (10) school days prior to an SRA meeting by posting it on the official MSU notice board and publishing it in The Silhouette.

C.

Voting. The SRA shall debate the proposed amendment and present it with a recommendation to a meeting of the General Assembly. For this purpose, a referendum may take the place of a General Assembly meeting. The minimum number of ballots in such a referendum must be equal to ten percent (10%) of the general membership of the MSU.

D.

Adoption. The amendment is adopted if it receives a two-thirds (2/3) affirmative vote of those present at a meeting of the General Assembly or of those voting in the referendum.

E.

Authority. If any amendment necessitates changes in the Constitution of any other organization affiliated with the MSU, such changes shall become automatic on its passing. Any such change in the Constitution will require a review of the bylaws to determine whether or not revisions are necessary. Such revisions to take place within sixty (60) days.

ENABLING CLAUSE This Constitution will take effect April 1, 1979, pending acceptance by the membership of the MSU. The bylaws will take effect April , 1979 pending acceptance under the previous Constitution by the SRA 1978/79.

REVISION HISTORY: Approved Jan. 17/64 Amended Dec. 9/64 Amended Dec. 1/65 Amended Feb. 5/69 Amended 1969/70 Amended Feb. 22/77 Amended Feb. 21/79 Amended Feb. 12/97