text: Table of Contents ASMC Constitution Introductory Information Conference Attendance Criteria Advisor Notes Rules of Student Conduct Brown Act Summary ASMC By-Laws Inter-Club Council By-Laws Peralta Student Election Code Sample Student Candidate's Petition Page 2 Page 4 Page 14 Page 18 Page 26 Page 29 Page 33 Page 42 Page 50 Page 68 1 Constitution of the Associated Students Of Merritt College Preamble: We the students of Merritt College, in order to promote the general welfare of the students and the community this college serves, have created the A.S.M.C. to guarantee the equality of opportunity among students; to offer experience in moral, aesthetic, social and economic values under an atmosphere of intellectual freedom; to encourage students in community participation, and in the planning and direction of student and community activities, as permitted under the rules, regulation and policies of the State of California, the Peralta Community College District Board of Trustees, the President of Merritt College and their representatives, do ordain and establish this constitution. Article 1 – Name Section 1: The name of the organization shall be known as the Associated Students of Merritt College. (A.S.M.C.) and is incorporated with the State of California as a non-profit organization. Section 2: The official Mascot shall be the (Thunderbird) Section 3: The official Colors shall be Blue and Gold Article 2 – Membership Section 1: All registered student are eligible voters in elections and are beneficiaries of the student government. Section 2: The following privileges shall be granted to the membership 1. The right to candidate in A.S.M.C. elections, to hold any appointive position or to be a committee member within student government (per eligibility requirements in the A.S.M.C. By-laws). 2. The right to form and/or become a member of an A.S.M.C. sponsored Club 3. The right to speak before the Student Senate (per By-laws of the A.S.M.C.) 4. The right to create initiatives, referendums and recalls though a petition submitted to the student senate. Article 3 – Student Government 2 Section 1: The government of the Associated Students of Merritt shall consist of three branches; Executive, Legislative and the Judicial. 1. The Executive Branch shall consist of the President, Vice President, Secretary, Commissioner of Finance and the Chair of the Inter-Club Council. a) The order of succession shall be as followed for the Presidency; (1) (2) (3) (4) (5) (6) Vice President 1st President Pro Tem 2nd President Pro Tem Commissioner of Finance ASMC Secretary (if a member of the Senate) Chairperson of the I.C.C. 2. The Legislative Branch shall consist of no fewer than seven (7) members and shall be named the student senate. 3. The Judicial Branch shall consist of the Chief Justice up to four (4) Associate Justices. Section 2: The student government will follow the guidelines and procedures as described in its By-laws which will be reviewed by a Commission of Executive, Legislative Judicial members on a yearly base. Section 3: The Student Government will be assisted in the operation of the Corporation by the Executive Council. The Executive Council exercises corporate rights in all important business matters. Its membership shall reflect the best student and college level administration participation. Article 4 – Amendments Section 1: Amendments to this constitution may be proposed by a two third vote of the Student Senate, and must be ratified by a simple majority of the student body voting during normal elections prior to adoption. Section2: Additionally amendments to the constitution maybe adopted following referendum, which receives two thirds of the votes. 3 INTRODUCTION What constitutes the ASSOCIATED STUDENTS OF MERRITT COLLEGE? When you register at Merritt College and become a student, you simultaneously become a member of the ASSOCIATED STUDENTS OF MERRITT COLLEGE (ASMC). The ASMC is a non-profit corporation with all rights and privileges entitled to such an organization under the law. Who manages the business of ASMC? With the assistance of the school administration, your Student Council is responsible for conducting the business of ASMC. What is the goal of the ASSOCIATED STUDENTS' Council? The goal of the Council is to be the voice of the Merritt Student Body. It represents your interests on campus and at the district and state level. Council duties include: Appointing ASMC members to sit on campus wide committees; participate in the development of Merritt College and district policies; Administering the ASMC annual budget, allocating funds to clubs, sponsoring new programs/projects, chartering clubs, awarding scholarships and oversight of programs and services that enhance student life on campus. What are the requirements to serve on Council? Any interested student with a 2.0 GPA or above, enrolled in at least six units in the Peralta system with a minimum of three units at Merritt, is eligible to petition to be seated on the ASMC Student Council. When and where are the ASMC meetings held? Meetings scheduled by the ASMC President and are held in R130, the Student Council Chambers. All students are invited and encouraged to attend whether or not they serve on Council. The frequency and times of the meetings are scheduled by the sitting ASMC President. 4 How does a student become a member of the Associated Student Council? In the spring of each school year each interested student may submit a petition to have his or her name entered on the ASMC Election Ballot. If elected the petitioner is seated in the upcoming fall semester. Students who express an interest after the election process may obtain a petition and submit it to the council at the start of the fall semester. If the ASMC President chooses to suspend the appropriate section of the ASMC By-laws and with a with a two-thirds vote of the Council, those petitioners may be seated. Petitions are available in the Student Activities Office, RI45. What positions are available on Council? As with other governmental organizations the ASMC has an executive branch that consists of the President, Vice President, Commissioner of Finance (Treasurer), Secretary, Inter-Club Council Chairperson, and Chief Justice. In addition to the executive branch there are seats for at least seven elected senators. However, when an interested student completes the petition process he or she maybe seated, provided the council agrees to suspend the applicable section of the ASMC BY-laws. What are the branches of Student Government Council? Executive Branch: The President, Vice President, Secretary, Commissioner of Finance, Chair of the Inter-Club Council. Legislative Branch: The Executive branch and seven or more senators. Although it is important to point out that the President is a non-voting member. Judicial Branch: The Chief Justice and up to four Associate Justices. What types of students serve on Council? Students who serve on the Council may or may not have experience in Student Government. Student Officers who manage the business of the Student Council represent a variety of ages, interests, and academic majors. The only requirement other than those previously listed is a sincere desire to work within the Peralta Community College framework in an effort to continue the student friendly atmosphere of Merritt College. Every Student Council member gains valuable experience through exposure to a variety of requests and programs addressed by the Council. 5 Congratulations! You have been sworn in as a member of Associated Students of Merritt College Council. Welcome! Getting Started 1. Office Space - It is important that Merritt students know who the Student Council members are and their respective positions (Officer, Commissioner, Senator, or Justice). Due to limited office space, all Council members will each be issued a key to the ASMC Council Chambers (R130). Since this office is shared by Council members it is the responsibility of all to keep the Chambers clean. Remember, the Council Chambers are a reflection of you and how you view your duties. 2. Mail - Students can contact you by leaving a message on the Senate Office telephone or by leaving a written note in your assigned mailbox, located on the front side of the counter in the Student Activities Office. Check your mailbox regularly. 3. Office Hours – Remember, your first priority is to get an education. It is strongly reccomended that ASMC members volunteer some of their time to help out in the Student Activities Office. On occasion the Student Activities Advisor may ask for additional help with special projects and events. 4. Attendance - Please read the ASMC By laws, Article 5, Senate members and Duties. Familiarize yourself with the responsibilities outlined. NOTE: The ASMC is required to meet regularly. Council members are required to contact the Student Activities Advisor or the ASMC President, at least three hours in advance if you are unable to attend the scheduled meeting. Remember, your absences can affect quorum (the number of senators required at the meeting in order to carry a vote). If there are not enough members present, business can be conducted. 5. Parking – As a small appreciation of your voluntary service Merritt College provides each member of the Associated Students of Merritt College with a temporary parking permit. Contact the Student Activities Advisor for permit applications.. 6 Organizational Chart A.S.M.C. Student Government Executive Council ASMC President Commissioner of Finance ASMC Accountant Student Activities Advisor Dean of Student Support Services Executive Cabinet President Vice President Secretary Commissioner of Finance ICC Chair Student Senate Elected or petitioned College Committees Budget CALSAAC CalWORKS College Council Curriculum Environmental Planning Facilities Graduation begins Spring Semester Matriculation Monthly Middle College H.S. Advisory Petition Scholarship (college) Student Grievance (academic) as needed Student Grievance (non-academic) as needed ASMC Committees Inter-Club Council Elections Finance & Fundraising Scholarship Student Enterprises Fund raising, Arcade Student newspaper Student Gold ID cards Judicial Council Chief Justice, Associate Justice(s) appointed Dean Student Support Services Student Activities Advisor Inter-Club Council One voting member per club. Chairperson an ASMC Officer. 7 ASMC GOLD CARD FUNDRAISER The ASMC and the organizations of the Inter-Club Council have promoted various events and activities including a recycling program, a canned food drive with donations going to the Red Cross and other community-based agencies. Also, cash donations have been made to a battered Women's Shelter; firestorm, Earthquake and Hurricane Relief. In addition, ASMC has supported events such as Cinco De Mayo; A Christmas party for low-income children; the Teacher of the Semester Award; Black History Month; International Day; celebrating diverse cultures; the Native American POW Wow; and a community Halloween Party. Every year, thousands of dollars go towards scholarships for students who have a financial need and those with high academic achievement. Part ofd the financing for these and other activities comes from the sale of the Student Gold Card I.D. Merchants are invited to participate in a program whereby their business/service offers a discount to Merritt College Students who are holders of GOLD I.D. Cards. The merchant chooses the discount amount, 5% - 50% or higher. They may also offer a two-for-one, (i.e. two lunches for the price of one, etc.... Flyers with the offers are listed in the Student Discount Guide and are distributed to each student photo I.D. holder. This is to encourage Merritt College students to purchase GOLD ID Cards. This is an essential form of fundraising for the ASMC. Whenever possible we encourage ASMC members to let merchants know about our Gold Card and how it benefits Merritt students and that of course we are a non-profit organizatuion making them eligible for tax write offs. 8 A.S.M.C. MONETARY PROCEDURES General Information: Clubs and student organizations can access their accounts in a relatively short time provided the required requisitions with the proper signatures are submitted at least seven (7) business days prior to the date of disbursal of the funds. ALL ORGANIZATION AND CLUB ACCOUNTS MUST BE MAINTAINED ON THE MERRITT CAMPUS BY THE ASMC ACCOUNTANT. REQUISITION/CHECKS: 1. Requisitions are available in the Student Activities Office, R-1 45. 2. Requisitions must be filled out correctly, Including account number, payee and the amount including taxes. In addition the requisition must include the signature of the Faculty Advisor on record and one of the club officers on record. 3. Requisitions must be submitted to the A.S.M.C. Accountant (ASMC, R-147) seven (7) business days prior to when needed. Pink copy to be kept by the club for its records. A photo-copy to the SAA is advised. 4. Receipts and/or cash, totaling amount disbursed, must be returned to ASMC Accountant no later than two (2) days after issuance of check. THE EVENT: I . All funds collected at an event must be counted and deposited with the Student Activities Advisor (SAA) no later than close of business on the day immediately following the event or by close of business on the very next school day. 2. A registered receipt (pink copy) is kept by the club/organization for its records. 3. All expenses incurred for the event must be paid via a submitted requisition. UNDER NO CIRCUMSTANCES IS CASH TO BE PAID OUT OF THE EVENT'S PROCEEDS FOR EXPENSES INCURRED!!... 4. Cash boxes must be used. Cash boxes and start up change can be obtained from the Student Activities Advisor. Change must be requested two(2) days in advance. 9 TICKET SALES FOR EVENTS: 1. All tickets for any event must be numbered. A record of ticket numbers and monies must be maintained by each individual selling tickets. 2. Organizations and clubs can sell tickets for events through ASMC. Refund policies and other procedures must be submitted to the SAA. 10 Example #1 MEMORANDUM TO: FROM: SUBJECT: DATE: ASMC/Clubs Collis Carkhum, Student Activities Advisor Procedure for Requesting Funds July 22, 2001 The following shall be the procedures for requesting funds. 1) Proposal, (example #1), should be in Senate boxes within 72 hours before the ASMC meeting. 2) If the motion, (example #2), is passed and you have gotten it signed, fill out requisition form, (example #3), with the following attached: a) 2 copies of the proposal b) any flyers or information advertising your event 11 Example #2 MEMORANDUM To: ASMC CC: Collis Carkhum, Student Activities Advisor From:Senator Aaron Clewis Date: 06/21/99 Re: Black History Month Observance PROPOSAL FOR BLACK HISTORY MONTH 1) Mr. Leo Brazil, Speaker 2) 144 shirts "Black History Month" Tee Shirts imprinted with"Merritt College Black History Month 1999" 3) Black History Posters Total $350.00 $1,000.00 $ 370.00 $1720.00 The expenditures are proposed for the observance of Black History Month. Unfortunately, there are further activities planned but not confirmed as of this writing. Please be advised, all money expended by ASMC, will be reimbursed by the District. Therefore, I request a budget not to exceed $1720,00. All money will be accounted for, and any excesses will be promptly returned to ASMC. Submit copy of proposal to R-149 - Student Activities Advisor and one to each member of the Senate. Proposal submitted by (your name here), Date 12 Example #3 Account#_________ Date _____________ ASMC MOTION AND LEGISLATIVE BILL THE MOTION TO Pay for Black History Month observance. PROVIDES A BUDGET REQUEST OF $ $1720.00 MOTION MOVED BY SENATOR___________, 2NDBY SENATOR_____________ THE VOTED AYES 7 NOES 0 ABSTENTIONS THIS SENATE BILL WAS APPROVED / VETOED BY THE PRESIDENT _______________________ ________________________________ ___________________ ASMC PRESIDENT ASMC COMM. OF FINANCE ADVISOR 13 Criteria for Conference Attendance Contingent on the funds available in the Conference Account members of the ASMC Council and other interested students may be asked to attend one of two major conferences each school year. 1. Determination of who is to attend is based on several factors. Some of but not all of those factors are participation, attendance, voulunteer service in the Student Activities Office. 2. Since our funds are limited, those members who did not attend the conference in the fall have priority for the spring conference. Note: You may be required to place a refundable deposit equal to the conference registration fee, If you are selected to attend and do not attend the conference, the deposit in non-refundable. After ASMC has paid the registration, the Conference Committee will not refund conference registration fees. Therefore, if you decide not to go at that point ASMC will be forced to record your registration fee, transportation and hotel costs as a loss. Remember, that part of your duties as a member of the Associated Students is to responsibly expend ASMC funds. Funds that belong to all Merritt students. Once selected: You must fill out all necessary forms in advance, including a wavier for injuries. If applicable, It is now time to put your deposit down in The ASMC Business Office, R145. If the deposit is not needed it will be returned to you prior to your departure on the conference. At conference: 1. You must stay in conference-designated accommodations (you must remain on the premises unless a conference-sancfioned trip is scheduled). 2. You must abide by rules and regulations to inlude the Student Code of Conduct (i.e., no alcohol). 3. You will attend various workshops assigned by a consensus of the Senate. Report to ASMC: Upon your return, you will be asked to give an oral report to the full ASMCCouncil about the information you received while at the conference. If you wish it is encouraged that you include handouts or any other helpful material at your presentation. 14 MEMORANDUM TO: The Associated Students of Merritt College, And the Clubs and Organizabons of the ICC FROM: Collis Carkhum, Student Activities Advisor SUBJECT: 'R' Building Keys DATE: August 8, 2001 Key and Office Policy All memebrs if the ASMC Coucil will be issued a key to the ASMC Council Chambers (R130). This is your office and is to be kept clean an orderly. There is a telephone for conducting ASMC business. The Council Chambers will eventually have a copier and computer for your use. Students will only be issued keys for their respective offices. Students are not to be in 'R' building offices past officially posted office hours unless there is a (Merritt College Staff Person present). For the ASMC and Club members, the staff person responsible for your activities is your Student Advisor. If the Advisor is not here (after hours), then neither should you. 15 MEMO DATE: TO: CC: FROM: RE: 7/09/01 THE ASSOCIATED STUDENTS OF MERRITT COLLEGE, ALL CLUBS AND TRUSTS VICE PRESIDENT FERRO, DEAN BROOKS COLLIS CARKHUM, STUDENT ACTIVITIES ADVISOR USE OF STUDENT ACTIVITIES PROPERTY AND EQUIPMENT Effective immediately, the use of cameras, video machines, and any other equipment held in the Student Activities Office must be approved by the Student Activities Advisor. As of this writing a sign out/sign in sheet is being composed. Upon approval the item must be signed out for a definite period of time and returned and signed in. Failure to return a signed for item will result in a hold being placed on your transcript and dependent upon the circumstances the signor may be asked to pay for repairs and or replacement of a damaged item. Because the Student Activities Office is the repository of value equipment, held in trust for and for the use of the above mentioned campus groups, it has become necessary to establish a procedure for the issuance and use of this equipment and property. In the event of an emergency need or the unavailability of the Student Activities Advisor, the Dean of Student Support Services may authorize the use of said equipment or property. No student or staff member other than those named in this policy may authorize the use of equipment held by the Student Activities Office. This procedure is an effort to ensure the continued use and availability of the many pieces of valuable equipment held in the Student Activities Office. 16 MEMO DATE: TO: CC: FROM: RE: 7/09/01 THE ASSOCIATED STUDENTS OF MERRITT COLLEGE, ALL CLUBS AND TRUSTS VICE PRESIDENT CARMEN JORDAN-COX, DEAN ANTHONY POWELL COLLIS CARKHUM, STUDENT ACTIVITIES ADVISOR Because the Student Activities Office is a place of business and in an effort to facilitate a professional atmosphere, the following procedures have been instituted. 1. Only those who work in the Student Activities Office are allowed beyond the entry counter, unless invited to take care of some specific business. 2. The copier, fax machine, and telephones in the Student Activities Office (R145) are for office use only. 3. Members of ASMC may use the telephone, computer, and copier in the ASMC Senate Office (R130). 4. Personal belongings such as backpacks, books, notebooks should not be left in (R145). 17 ADVISOR NOTES GOVERNING RULES, REGULATIONS AND PROCEDURES There are Rules, Regulations, and Procedures that help to guide the ASMC in handling business more efficiently and expediently, without bias or prejudices. In order of importance, they are the California Education Code, Peralta District's Board Policy, Associated Students of Merritt College, (ASMC) By-laws, Ralph M. Brown Act, and the Robert's Rule of Order (more commonly referred to as the parliamentary procedures). All are guides to help you to have a fair and effective council. The following is a summary of each: A. California Education Code Sections 72640 through 76120 requires the District's governing Board to formulate procedures that permit students to participate in shared governance. In addition, the Ed. Code reinforces the students right of free expression. Please read the enclosed Ed. Code sections to see how they impact upon you and ASMC. B. Peralta District's Board Policy is the Peralta District's irterpretation of the California Education Code. Student government constitutes an advisory body to the community college administration, the district Board of Trustees. The Student government adopted the ASMC Constitution and By-laws, to govern council members and outline roles, responsibilities, and procedures. The Ralph M. Brown Act is a set of laws used by public organizations to eliminate the secrecy that can occur when organizations begin to establish laws, policies and procedure that may effect the lives of the public. Robert's Rules of Order (Parliamentary Procedures) is a basic manual of rules used by organizations all over the world for many years. This is used to provide a structure in conducting meetings. C. D. E. All of these helpful guides are enclosed in this handbook. Please take the time to read all this information. Remember if you have a problem with anything, consult the Student Activities Advisor. 18 Selected Sections of the California Education Code #72640 Excursions and field trips The governing board of a community college district may: a) Conduct field trips or excursions in connection with courses of instruction or school-related social educational, cultural athletic, or college band activities to and from places in the state, any other state, the District of Columbia, or a foreign country for students enrolled in a college. A field trip or excursion to and from a foreign country may be permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the d course of study for the pupils. b) Engage instructors, supervisors, and other personnel who desire to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies tar the field trip or excursion. c) Transport by use of district equipment, contract provide transportation, or arrange transportation by the use of other equipment, of students, ctors, supervisors or other personnel to and from places in the state, and other state, the District of Columbia, or a foreign country where the excursion and field trips are being conducted; provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, the liability msurance shall be secured form a carrier licensed to transact insurance business in the foreign country. d) Provide supervision of students involved in field trips or excursions by certificate employees of the district. No student shall be prevented from making the field trip or excursion because of lack of sufficient funds. To this end, the governing board shall coordinate efforts of community service groups to supply funds for students in need of them. No group shall be authorized to take a field trip or excursion authorized by this section if any student who is a member of such an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds. No expenses of students participating in a field trip or excursion to any other state, the District of Columbia, or a foreign country authorized by this section shall be paid with district funds. Expenses of instructors, chaperons, and other personnel participating in a field or excursion authorized by this section may be paid from district funds, and the may pay from district funds all 19 incidental expenses for the use of equipment during a held trip or excursion authorized by this section. The attendance or participation of a student in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportioruments from the State School Fund in the fiscal year. Credited attendance resulting from such field trip or excursion shall be limited to the amount of attendance that would have accrued had the students not been engaged in the field trip or excursion than if the class were held on campus. All persons making the field trip or excursion shall be deemed to have waived all claims against the district or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursions shall sign a statement waiving such claims. #75036 Parking Violations Any violations of law, ordinance, regulation, or rule regulating or pertaining to, the parking of vehicles, shall not be cause for the removal, suspension, or expulsion of a student from a community college. Nothing in this article shall be construed to hmit the authority of a governingg board to adopt additional rules and regulations, which are not consistent with the requirements of this article. These additional rules may among other things, prescribe specific rules and regulations governing student behavior, along with applicable penalties for violations of the adopted rules and regulations, and may prescribe appropriate due process procedures, including procedure by which students shall be informed of these rules and regulations. FUNDRAISING California Education Code Section #76060 The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college and may conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. The association may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district. The governing board of the community college district may authorize the students of a college to organize more than one student body association when the governing board finds those day students and evening students each need an association or geographic circumstances make the organization of only one student body association impractical or inconvenient. 20 A community college district may assume responsibility for activities formerly conducted by a student body association if the student body association is dissolved. A student body association employee who was employed to perform the activity assumed by the district pursuant to this section shall become a member of the classified service of the district in accordance with Section 88020. ARTICLE 4 - STUDENT ORGANIZATIONS #76060 Student body associations; activities; use of premises; more than one association district assumption of responsibilities upon association dissolution The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college and may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district. The governing board of the community college district may authorize the students of a college to organize more than one student body association when the govening board finds that day and evening students each need an association or geographic circumstances make the organization of only one student body association impractical or inconvenient. A community college district may assume responsibility for activities formerly conducted by a student body association if the student body association is disolved. A student body association employee who was employed to perform the activity assumed by the district pursuant to this section shall become a member of the classified service of the district in accordance with Section # 88020. #76061 Elected student officers; enrollment and scholarship A student who is elected to serve as an officer in the student government of a community college shall meet both of the following requirements-. a) The student shall be enrolled in the community college at the time of election, and throughout his or her term, with minimum of five semester units, or its equivalent. b) The student shall meet and maintain the minimum standards of scholarship prescribed for community college students by the community college district. #76062 Authorization for activities by student organization 21 The governing board of a community college district may authorize any organization composed entirely of students attending the colleges of the district to maintain any activities, including fund raising activities, as may be approved by the governing board. # 76064 Additional uses of student funds In addition to deposit or investment pursuant to Section 76063, the funds of a student body organization may be loaned or invested in any of the following ways: a) Loans, with or without interest, to any student body organization established in another community college of the district for a period not to exceed three years. b) Invest money in permanent improvements to any community college district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where such facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when such improvements are for the benefit of the student body. Such investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereof shall be returned tot he student body organization as provided herein. Any community college district approving such an investment shall establish a fund in accordance with the California Community Colleges Budget and Accounting Manual in which moneys derived from the rental of community college district property to student body organizations shall be deposited. Moneys collected by the governing board for automobile parking facilities as authorized by Section 72247 shall be deposited in the fund designated by the California Community College Budget and Accounting Manual is the parking facilities were provided for by investment of student body organization as contemplated by this section. Money shall be returned to the student body organization as contemplated by this section exclusively from such special fund and only to the extent that there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board. Two or more student body organizations of the same community college district may join together in making such investments in the same marmer as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of community college district property by student body organizations as provided in Section 76060. #76065 Supervision and audit of student funds The governing board of any community college district shall provide for the supervision of all funds raised by any student body of student organization using the name of the college. 22 The cost of supervision may constitute a proper charge of funds of the district. The governing board of a community college district may also provide for a continuing audit of student body funds with community college district personnel. #76067 Student political organization activity Any student political organization which is affiliated with the official youth division of any political party that is on the ballot of the State of California may hold meetings on a community college campus and may distribute bulletins and circulars concerning its meetings, provided that there is no interference with the regular educational program of the school. # 76120 Exercise of free expression by students, adoption of rules and regulations The governing board of a community college district shall adopt rules and regulations relating to the exercise of free expression by studentspt and deppremises of each community college maintained by the district, which shall include reasonable provisions for the time, place, and manner of conducting such activities. Such rules and regulations shall not prohibit the right of students to exercise free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to create a clear and present danger of the commission of unlawful acts on community college premises, or the violation of lawful community college regulations, or the substantial disruption of the orderly operation of the community college, shall be prohibited. 23 Peralta Community College District Board Policy 4.45 Student Activities Student activities are recognized by the District as an integral part of a community college's total program. The President of each College is authorized to provide adequate facilities, to allow time for individuals and groups to participate in such activities during their regular schedules, and to provide staff assistance for planning and supervision of these activities. Each College shall be governed by the following in implementing its student activities program: 1. Student Organization: An official organization of the student body may be established at each College subject to the approval, control and regulations of the Board of Trustees. Such organizations, shall be known as the Associated Students of the respective College. This student association may develop a governance mechanism and operational procedures necessary to conduct its business. The Board extends to student associations the option of requesting assistance in development of their constitutions and/or operating procedures through their college administration and the option of submitting their constitutions and operating procedures to the Chancellor for review by the Office of County Counsel for consistency. Exercise of these options shall not abrogate either the rights of students in the governance of the student associations nor the responsibilities of student associations to operate in accordance with applicable college regulations, District policies, State statutues and the Constitutions of California and the United States. 2. Student Activities: All student activities conducted by Colleege groups shall comply with State statutes, District and College regulations. These activities shall be conducted with the approval of the College administration. College regulations shall provide for faculty or staff sponsorship and supervision of student activities. 3. Student Association Membership: Neither the College administration nor the Student Association shall required deppurchase of student association membership as a condition of enrollment in the institution. The Colleges may, however, encourage the sale of such membership. The.Student Association may requiredsuch membership of students participating in activities which are wholly or partially supported by Student Association funds, supplies, equipment or property. 24 4. Off-Campus Activities: The District, College, or the Student Association will assume no responsibility for off-campus activities that do not have official College approval. 5. Auxillary Enterprises: Auxillary enterprises operated by the Student Associations shall comply with Items 1 through 4 above, as well as any other applicable policies or regulations, and shall be subject to the approval of the College President, the Chancellor and the Board of Trustees. 6. Student Representation: In general, each College shall provide for student representation on appropriate College-wide committees. Approved by Board of Trustees March 1, 1976 25 Peralta Community College District Board Policy 4.40 RULES FOR STUDENT CONDUCT Students are responsible for complying with all college regulations and for maintaining appropriate course requirements as established by the instructors. A. Disciplinary action may be imposed on a student for violation of college or class rules and regulations, the California Educattion Code, California Penal Code, and or the California Administrative Code. Student misconduct may result in disciplinary action by the college or prosecution by civil authorities. Misconduct that may result in disciplinary action includes, but is not limited to, the following violations: 1. Violation of District policies or regulations including parking and traffic regulations (subject to Educ. Code Section 76036), policies regulating student organizations, and time, place and manner of regulation in regard to public expression. Obstruction or disruption of teaching, procedures or other college activities. research, administrative 2. 3. Physical or verbal abuse, or threat of such abuse, of any person on college owned or controlled property or college sponsored or supervised functions; or conduct which threatens or endangers the health or safety of such persons. Theft of, damage to, or threat of damage to property of the college. Unauthorized entry to or use of college facilities. Dishonesty, i.e. cheating, plagiarism or furnishing false information to the college, forgery, alteration or misuse of college documents, records, or identification documents, etc. Use, possession, distribution of alcoholic beverages or narcotic or hallucinogenic drugs on college property. Disorderly conduct or lewd, indecent, or obscene behavior. Insulting or abusing college employees in the performance of their duty on or near the school premises or public sidewalks adjacent to school premises. 4. 5. 6. 7. 8. 9. 26 10. Refusal to comply with direction of district or college employees acting in the performance of their duties. Willful misconduct which results in injury or death to a studentg or college personnel. Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board or the college. Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. 11. 12. 13. B. Students facing disciplinary action for violations of college rules and regulations consistent with the California Education Code are subject to any of the following actions: 1. 2. Warning: An oral or written reprimand. Temporary exclusion: Removal for the duration of the class period or activity. Suspension: Exclusion from classes, privileges or activities for a specified period of time as set forth in the notice of suspension as provided in the California Education Code. Expulsion: Termination of student status as set forth in the notice of expulsion. 3. 4. C. Disciplinary action may be imposed on a student by: 1. A college certificated employee who may place a student on probation or temporarily exclude the student from class and/or a college activity for the remainder of that class/activity period. 2. The President or Dean of Student Services may summarily suspend a student when deemed necessary for the welfare and safety of the college community. The President may recommend "expulsion" to the Board of Trustees. 3. 4. The Board of Trustees may terminate a student's privilege to attend any college of the District. D. Students who believe that they have been improperly subjected to any of the disciplinary measures stated in this policy may file a Student 27 Grievance with the Dean of Student Services in accordance with Board Policy 4.43. Approved by the Board of Trustees April 27, 1993 28 BROWN ACT SUMMARY. REGULAR MEEIINGS: Time and place are to be set by the board, and the rule fixing the time and place of such meeting, is deemed adequate notice to board members (Ed. Code Sec 35140). Meetings need not be held within the boundaries of the district (Gov. Code Sec. 54954). Any hearing held as part of a meeting may be continued to another meeting. If it is continued less than 24 hours, notice must be posted immediately (Government Code Sec. 54955.1). SPECIAL MEETINGS: Called by presiding officer or by a majority of the board (Ed. Code Sec. 35144, Government Code Section 54956). Notice: At least 24hrs notice of the meeting (Ed. Code Section 35144), must be delivered personally or by mail to each member (may be waived in writing or by attending); and each newspaper, radio station and television station requesting notice. Agenda: The notice must contain time and place of meeting and business to be conducted. No other business may be transacted (Education Code Section 35144). EMERGENCY MEETINGS: (Government Code Section 54956.6) --In an emergency situation, the board may hold an emergency meeting when prompt action is necessary to prevent the disruption or threatened disruption of a public facility. --An emergency situation is a work stoppage or crippling disaster which impairs public health, welfare, or both. --One-hour notice must be given to the list of newspapers, radio and television stations. AGENDA REQUIREMENTS: --A printed Agenda must include time and location of meeting (Gov. Code Sec. 54954.2). --Agenda must include all items on which board may take action (Ed. Code Sec. 35i 45). --The agenda must contain a brief general description of each item of business to be transacted or discussed, and the description of the items must be specific enough to give reasonable notice to deppublic of the subject discussed (Gov. Code Sec. 54954.2). --The agenda must be posted in a place where it can be viewed by the public, including employees, at least 72 hours in advance of a regular meeting or 24 hours in advance of a special meeting (Ed. Code Sec. 35145). 29 ..Mailed: Notice of each meeting must be mailed at least seven days advance to each person who has filed a written request for such notice. The district may give less than seven days notice of special meetings called less than seven days prior to the meeting. Requests for notice are valid for ONE YEAR and must be renewed prior to March 31 of each year. The facilure of any person to receive the notice does not constitute grounds to invalidate any board action taken at the meeting. The board may establish an annual fee for such notice based t and depestimated cost of providing the service (Government Code Sec. 54954.1). --The agenda cannot be changed after posting unless one of the following conditions exist (Government, Code Secdon 54954-2): --A majority of the board determines that an emergency exists (Gov. Code Sec 54956.6). --Two thirds of the board (or if less than two third of the board are present, then all of those members present) determine that the need to take action arose after the agenda was posted. --The item was continued from an earlier meeting held within the previous five days. PUBLIC DISCUSSION: The board must have procedural regulations whereby the public may address the board on items within the boards judsdicton but NO ACTION CAN BE TAKEN until a subsequent meeting when the item is property noticed (Ed. Code Secbons 35145.3, 35145.5). PUBLIC RECORDS: Agendas and other written materials distributed to the board for discussion are public records. SPEAKING:The pubiic is entted to speak on any noticed agenda item but the board is entitled to have reasonable procedures to ensure the proper functioning of meetings (Ed . Code Sec 35145-5). CLOSED SESSIONS: (Government Code Section 54957 - 54957-7) The board may adjourn to closed session when discussing; pupil discipline, security of public buildings, personnel, collective bargaining, real property transactions, legal advice, and insurance claims. Closed sessions must also be stated and depagenda together with the reasons therefore. The agenda may, but need not state, the authority under which the meeting is closed VIOLATIONS OF THE BROWN ACT: Individual members are subject to a misdemeanor (Government Code Secdon 54950). 30 NOTE: Students are not subject to civil and criminal prosecution under the Brown Act. However, violations of the Ed. Code. Peralta Board Policy, ASMC By-Laws and the Brown Act may cause disciplinary actions. These actions can be taken by the ASMC Council (impeachment), the Student Activites Advisor or the Administrators of the College, not withstanding disbandnent of the Student Government for said violations. CONDUCT OF MEETINGS To accomplish anything at a meeting a person must formulate his/her idea into a motion and guide it threough the steps below. A motion is like a direction; it proposes some action or opinion for the group (or its representative) to take. This document is based on Robert's Rules of Order Newly Revised, 1980 edition, the parliamentary authority for most American organizations. All laws, local ordinaces, organizational charters, sonstitutions, and ASMC by-laws, take priority over this document. A. Introducing a motion 1. To place an item ond depagenda for the next scheduled meeting, a copy of your intended motions/proposals shall be placed in all ASMC members' boxes seventy-two (72) hours before meeting time. Special effort should be made to get a copy to the ASMC Secretary and the ASMC President. 2. Once the ASMC President addreeses your issue and you are recognized by the ASMC President/Chair, you make your motion to the entire council. 3. If a second is made to your motion then the floor is opened to debate. B. Debate and discussion of motion 1. The member that offered the motion has initial preference in the discussion following the opening of the floor. 2. Address all remarks and comments to the body as a whole. 3. Maintain a professional approach during the discussion, never personalizing the issues. 4. Always address your fellow council members by their appropriate title, ie Senator Jones or Vice-President Smith. 31 5. Observe time limits if applicable, if not be considerate of other members' desire to enter into the discussion. 32 Associated Students of Merritt College BY-LAWS OF THE ASSOCIATED STUDENTS OF MERRITT COLLEGE, Inc. Article 1 PURPOSE The following are the BY-LAWS OF THE ASSOCIATED STUDENTS OF MERRITT COLEGE, Inc.; hereinafter referred to as A.S.M.C. These By-Laws are organizational rules to be used in conjunction with and are not intended to override the A.S.M.C. Constitution. Article 2 THE EXECUTIVE COUNCIL Section I. Executive Council is the governing body of A.S.M.C. and shall consist of five (5) members; the A.S.M.C. President, the A.S.M.C. Commissioner of Finance, the Assistant Dean of Student Services, the Student Activities Advisor, and the A.S.M.C. Accountant. Section II. All corporate powers are vested in and exercised by the Executive Council, which shall include the power to conduct and manage the affairs and business of A.S.M.C. These powers to conduct business include and are not restricted to the power to control A.S.M.C. property, and to make such rules and regulations as needed, not inconsistent with the Articles of Incorporation, the A.S.M/C. Constitution or the A.S.M.C. BY-LAWS. Section III. The Executive Council shall meet at least four times per academic year. The A.S.M.C President shall chair and convene these meetings. The A.S.M.C. President/Chair may call for a special meeting provided all Executive Council members are notified in writing prior to seventy hours of the meeting time. Article 3 THE EXECUTIVE BRANCH Section I. Shall consist of the A.S.M.C. President, the A.S.M.C. Vice-President, the A.S.M.C. Commissioner of Finance, the A.S.M.C. Secretary and the Inter-Club Council Chairperson. 33 Section II. The President of A.S.M.C. may nominate additional members to the executive branch. These nominees must be confirmed by a two-thirds (2/3) vote of the A.S.M.C. Senate. Section III. The Executive Branch will meet a minimum of three times per semester, but may opt to meet as often as necessary. Section IV. The official posting of the Petition Process for each semester will be the duty of the A.S.M.C. President or his delegate. These postings shall be made in a timely manner so as to allow for the maximum number of student participants. Article 4 THE QUORUM DEFINED Section I. Quorum is achieved when the number of present voting members of the A.S.M.C. Senate is one-half plus one. A quorum is needed to convene a meeting and to vote on any proposed legislation. However, an official meeting may be convened without quorum for simple discussion provided the meeting is a normally scheduled meeting and all voting members have been notified. In such cases the President may waive quorum for the purposes of a discussion meeting and the waiver must be entered into the minutes. Article 5 Section I. a. A.S.M.C. MEMBERS AND THEIR DUTIES Petition Process, General Duties The election/petition process should fill all A.S.M.C. positions. In the event of a mid-term vacancy the President can appoint a replacement provided the candidate completes a petition and is approved by the A.S.M.C. Senate. All elected, petitioned and appointed A.S.M.C. members are limited to terms not to exceed six semesters. Eligibility to put oneself forward as a candidate as an A.S.M.C. Officer or Senator is outlined in Article 5, Section I a of the A.S.M.C. By-Laws and in Section 2 of the Election Code. All eligible candidates should be aware and committed to serving a complete academic year in office, beginning with the Fall Semester and ending at the close of classes in the Spring Semester. If a candidate petitions and is seated at any time during the academic year his or her term of office ends at the end of the next or present Spring Semester. All members must make notification of an intended absence from an A.S.M.C. meeting, no later than four hours prior to the meeting time. Calling the A.S.M.C. President at 510-436-2535 or the Student Activities Advisor at 510-436-2540 at least four hours prior to a meeting will constitute notification. Any combination of three absences, whether excused or unexcused is grounds for disciplinary action. Such disciplinary action may be censure or probation and up to and including removal from office. A one time b. c. d. e. f. g. 34 h. emergency leave of absence of up to three weeks may be negotiated and will be considered one absence. It is highly recommended that all A.S.M.C. Officers and Council Members purchase and A.S.M.C. Gold Card t andswearing in. A.S.M.C. President Shall be a voting member of the Executive Council. Shall be an ex-officio member of all A.S.M.C. committees (non-voting, may become voting member with a 2/3 vote of the Senate). Shall chair all regular and special A.S.M.C. Senate meetings as a nonvoting member except in the case of a tie. Shall prepare and postd depagenda for each A.S.M.C. Council meeting. Shall as the official spokesperson on behalf of the Student Body government and the Student Body. Section II. a. b. c. d. e. Section III. A.S.M.C. Vice President a. Shall aid and assist the President in duties previously defined in Article 5, Section II. b. Shall be a voting member of the Student Senate/Council, except when acting in the President's stead. c. Shall be assigned the title of Acting President during the President's absence and will retain all applicable powers of the President's office during that tenure. d. At the President's discretion the Vice-President will notify all A.S.M.C. Senators of any and all special meetings. e. Shall take minutes in the absence of the Secretary, and shall receive the same compensation for such duties. f. Shall serve as Election Committee Chair. g. Shall serve as the A.S.M.C. voting member to CalSACC. h. Shall serve as Parliamentarian to the A.S.M.C. Council. Section IV. A.S.M.C. Commissioner of Finance a. Shall be nominated by the President and confirmed by a simple majority of the Senate. b. Shall be a member of the Executive Council. c. Shall be a member of the Executive Branch. d. Shall Chair the A.S.M.C. Finance/Budget Committee. e. Shall maintain accurate records of all A.S.M.C. finances and work in conjunction with the A.S.M.C. Accountant. f. Shall work with the A.S.M.C. President on yearly budget proposal to be submitted and ratified by the A.S.M.C. Council. g. Shall present quarterly financial statements to the Senate, due the meeting after the following dates, October 1, December 1, February1, and May 1. h. Shall be a voting member of the A.S.M.C. Council. 35 Section V. a. b. c. d. e. f. g. h. A.S.M.C. Secretary Shall take, deep and distribute records and minutes of all A.S.M.C. meetings. Shall have prepared, copied and distributed minutes of the previous A.S.M.C meeting no later than the close of business on the following Monday. Shall be responsible for filing and maintaining copies of the A.S.M.C. Constitution, By-Laws, Election Code, meeting minutes, and agendas. Shall postdupcoming meeting agendas no later than seventy-two hours prior to the meeting in accordance with the Brown Act. Shall postdcopies of the last meetings minutes as soon as they become available. Shall maintain binders with the most recent agendas and minutes in the office of the Student Activities Advisor. May or may not be a member of the A.S.M.C. Senate. If not a member of the Senate secretarial candidates must be nominated by the President and confirmed by a simple majority vote. Shall receive compensation at a rate set by the A.S.M.C. Senate. Section VI. A.S.M.C. Inter-Club Council Chairperson a. The Inter-Club Council Chairperson must comply with all general requirements of Senate membership as listed in Article 5, Section I. b. Shall be elected in the general election or selected by the President from the seated members of the A.S.M.C. Senate and confirmed by a simple majority of the Senate. c. Shall be a voting member of the A.S.M.C. Senate. d. Shall oversee all club functions and will hold meetings with club representatives to coordinate planned club activities. e. Shall act as liaison between the clubs and the A.S.M.C. Council. Section VII. a. b. c. d. e. f. A.S.M.C. Senators Shall determine the policies of A.S.M.C. Shall approve the A.S.M.C. budget and all expenditures there from. Shall be responsible for he chartering of all clubs and organizations. Shall provide start-up funds for chartered clubs and organizations. Shall file Judicial Petitions concerning interpretations of the A.S.M.C. ByLaws. Shall sit on at least one campus wide committee and one internal committee. Committee assignments are made on a voluntary basis or at the discretion of the A.S.M.C. President. Section VIII. A.S.M.C. Justices a. The Judicial Branch shall consist of one Chief Justice and up to four Associate Justices. 36 b. c. d. e. f. Shall meet independent of the A.S.M.C., but not less than once per month. Shall interpret, when called t an, the A.S.M.C Constitution, ByLaws, and Election Code. When called t an will interpret the I.C.C. By-Laws and Club/Organization rules and or constitutions. The Chief Justice will be nominated by the President and confirmed by a simple majority of the A.S.M.C. Senate. The Chief Justice will act as the A.S.M.C. representative in all student grievance hearings and committees. Section IX. A.S.M.C. Ad Hoc Commissioners a. The President may appoint Ad Hoc Commissioners with specific duties when these duties do not conflict with the A.S.M.C. Constitution or ByLaws. b. When authorized by a two-thirds (2/3) vote of the A.S.M.C. Senate these Ad Hoc Commissioners may be granted voting privileges. Section X. Presidential Advisory Officer a. The immediate past ASMC President may serve in an advisory nonvoting capacity with the incoming ASMC Student Council, with all rights and privileges of a sitting member. This office is limited to the immediate past President and can only be filled by the immediate past President, one office holder at a time. b. This Section was added 05/23/06 Article 6 THE A.S.M.C. LEGISLATION Section I. Any action motion put forward by any A.S.M.C. voting member shall be known as a legislative bill. Passage of any such legislative action requires a simple majority by the A.S.M.C. Senate. Section II. Before any action item or legislation can take effect it must be signed by the A.S.M.C. President. Section III. Any A.S.M.C. Senator can appeal a proposed motion or a piece of legislation on behalf of any student who has been directly affected by that legislation. The A.S.M.C. Judicial Branch, whose findings are final, hears the appeal. Section IV. Any legislative bill left for more than ten (10) working days, shall become law without the signature of the A.S.M.C. President. Article 7 VETO POWERS All Section I. The A.S.M.C. President shall have the right to veto legislation. vetoes shall be announced at the next regularly scheduled Senate meeting. 37 Section II. A Presidential veto mat be overridden by a two thirds (2/3) vote of the A.S.M.C. Senate. Article 8 JUDICIAL PETITIONS Section I. Questions about the By-Laws or questions regarding the constitutionality of an issue may and should be addressed to the Chief Justice in the form of a written petition and submitted by an A.S.M.C. Senator. Section II. The petition submission should include a brief summary of the issue in question and must be accompanied by the signatures and identification numbers of ten (10) current Merritt students in good standing, or a simple majority of the A.S.M.C. Senate. Section II. Upon receipt of the petition the Chief Justice will convene the Judicial Council within seven (7) academic days and announce the receipt of the petition at the next immediate A.S.M.C. meeting. Section III. The Judicial Council will meet and decide whether or not to grant a formal hearing to this issue. The decision to hear or not hear the issue at a formal hearing will be announced at the next immediate A.S.M.C. meeting. Section IV. If the Judicial Council finds that the issue warrants a formal hearing they will schedule such a hearing. At the formal hearing any and all information and any and all parties with interest may bring proofs and evidence before the Judicial Council. Section V. After the formal hearing the Judicial Council must announce its findings within seven (7) academic days and the findings must be announced to the entire A.S.M.C at the immediate next meeting. Section VI. Senators may file a petition(s) for appeal of a decision on any motion voted on in the Senate within seventy-two (72) academic hours (three academic days) to the Judicial Council. Article 9 AGENDAS AND MEETINGS Section I. Agenda – A posted and printed Agenda must include time and location of meeting and must include all items on which the Senate may take action. Section II. Senate meetings shall be held at least once a week during the academic year with the exclusion of semester breaks and spring break. Agendas for these meeting must be posted on the bulletin board outside R145 at least seventy-two hours prior to the start of the meeting. NOTE: THIS SECTION WAS AMMENDED ON JANUARY 31, 2003 TO READ: 38 The President of the Associated Students of Merritt College is responsible for setting the time, date and frequency of the ASMC Student Council Meetings with a majority approval of the voting members of the ASMC Council. At his or her discretion the ASMC may call for a vote to schedule ASMC Council Meetings no fewer than every other week during the academic year with the exclusion of semester break. Agendas for these meetings, no matter the frequency, must be posted outside the ASMC Student Council Chambers, R130, at least seventy-two (72) hours prior to each meeting. Section III. Special meetings may be called by the A.S.M.C. President to handle a specific issue. No other business is to be transacted during these special meetings. Notification to all voting members must be made at least twenty-four (24) hours prior to the start of the special meeting. Section IV. An emergency meeting may be called in the event of the threat of the disruption of a public facility. Section V. All official A.S.M.C., Executive Council, Senate, Judicial, and Committee meetings must be held on the Merritt College Campus. NOTE: IF FURTHER CLARIFICATION OF THIS ARTICLE IS NECESSARY PLEASE CONSULT THE "BROWN ACT". Article 10 A.S.M.C. STUDENT I.D. CARDS Section I. All registered students are eligible for the first free Merritt College I.D. Card. Replacement of lost or discarded I.D. cards cost $5.00. Section II. All registered students are encouraged to purchase an A.S.M.C. Gold Card, which entitles the holder to several discounts with area merchants. Article 11 COMMITTEES (Internal and External) Section I. The Chairpersons of all standing and ad hoc committees shall be appointed by the A.S.M.C. President and confirmed by a simple majority vote of the A.S.M.C. Senate. Section II. a. Standing Committee(s): Finance/Budget, PR/Publicity, and ICC. The Finance/Budget Committee shall be made of the A.S.M.C. President, the Commissioner of Finance, ICC Chairperson, and the A.S.M.C. Accountant. All other committees will be filled on an as needed basis and as interests arise. b. Section III. Each member of the A.S.M.C. Senate will sit on at least one campus wide committee and one internal committee. 39 Article 12 THE INTER-CLUB COUNCIL AND CLUB CHARTERING Section I. Clubs. A.S.M.C. is the sole chartering authority for Merritt College Student Section II. The I.C.C. shall derive its powers from the A.S.M.C. and shall adopt measures necessary to insure that I.C.C. By-Laws, rules, and regulations do not conflict with the A.S.M.C. Constitution of the A.S.M.C. By-Laws. Section III. The I.C.C. Chairperson must comply with all election, appointment and eligibility requirements as outlined in Article 5, Section I. Section IV. The purpose of the Inter-Club Council shall be: a. To coordinate and promote quality clubs and organizations with the improvement of the quality of campus life as the nexus of its mission. b. To provide a forum to discuss club and organizational concerns and to disseminate information to the clubs and organizations. c. To assist clubs and organizations in the proper procedure to request additional funding from their A.S.M.C. held trust accounts. d. To issue a Certificate of Charter once the club or organization is officially chartered by A.S.M.C. Section V. Detailed description of the organization of the I.C.C. can be found in the I.C.C. By-Laws. Article 13 THE ELECTION/PETITION PROCESS Section I. The elected/petitioned officers of A.S.M.C. shall be the President, VicePresident, Commissioner of Finance, I.C.C. Chairperson, Justices, and at least seven (7) Senators and not more than thirteen (13). If there is increased student interest the President, with a simple majority vote of the Senate may seat more than thirteen (13) Senators. Section II. The President shall nominate a Pro Tem I and a Pro Tem II to serve in his stead in the event the Vice President is unavailable to serve in the President's absence. Both Pro Tem nominations must be confirmed by a simple majority vote of the Senate. Section III. A general election shall be held during the first three weeks of every April and shall comply with the guidelines set forth in the Election Code. Section IV. The petition process will be open and available to any eligible student throughout the academic year. If a vacancy occurs the President is authorized to nominate a petitioner for the vacant seat. Upon confirmation of the nominee by a simple majority vote of the Senate the nominee will be seated. 40 Section V. The order of succession for the A.S.M.C shall be President, VicePresident, Pro Tem I, and Pro Tem II. These assumptions of office must be confirmed by a simple majority vote of the Senate. Section VI. Upon receipt of a petition for recall that carries the signatures and identification numbers of a majority of Merritt College students in good standing the Senate must call for a recall election and this election must be held in accordance with the Election Code. Section VII. The Election Committee shall be chaired by the Vice-President and selected and function in accordance with the Election Code. Section VIII. The Election Code and the Petition Process will be the only authority governing the election process from start to finish. Section IX. The Election Code and the Petition Process may be revised only by a two-thirds (2/3) vote of the A.S.M.C. Senate. Article 14 VOTING RIGHTS Section I. Any and all registered students are members of the Associated Students of Merritt College and are eligible to vote in the General Election, Special Elections, and participate in the petition signing process. Section II. All students will be required to show a Merritt College Identification Card and proof of current enrollment to vote. Section III. It shall be the duty of the Vice-President and the Election Committee to make polling places available. Section IV. Proxy voting, absentee ballots, and any other nontraditional forms of voting are prohibited. A student must be present and cast his/her own ballot. Article 15 THE IMPEACHMENT/REMOVAL FROM OFFICE Section I. When any member of the Associated Students of Merritt College presents a written charge of misconduct against any sitting or appointed member of the Associated Students Student Council those charges must be investigated for credibility. NOTE: Any member of the Associated Students of Merritt College is us subject to impeachment and removal from office if it can be proven that that member violated these By-Laws, the ASMC Constitution, Merritt College Policy, Peralta Community College Policy, or the California Education Code. Section II. The President of ASMC shall empower the Chief Justice to empanel an investigation committee composed of not less than three but no more than five elected members of the Associated Student Council. This investigation must be completed within ten academic days from the date of the officially lodged accusation. 41 BY-LAWS OF THE MERRITT COLLEGE INTER-CLUB COUNCIL PREAMBLE 42 We the clubs and organizations of Merritt College, in order to coordinate student club activities, promote student organization and club participation in campus events and create an official representative body of student organization"s clubs before the faculty, administration, and the Student Council of the Associated Students of Merritt College, do ordain and establish these By-Laws. ARTICLE I: NAME The name of this organization shall be the inter-Club Council of Merritt College and may hereinafter be referred to as the I.C.C. ARTICLE II: PURPOSE The purpose of this organization shall be to promote and provide a variety of events and activities whereby clubs can get involved, be seen as well as recruit new members. I.C.C. is designed to regulate, coordinate, and aid student organizations and clubs in planning their activities and events. I.C.C. is also organized to implement programs and services for the campus and community. Participation in I.C.C. serves as an excellent resource for sharing student organizations and club information as well as becoming an integral part of the A.S.M.C. Government. ARTILCLE III: CHARTERING STUDENT CLUBS/MEMBERSHIP A. Any registered student and only registered students of Merritt College in good standing , enrolled in at least three(3) units at Merritt College may hold membership in any Merritt College club or organization under the governance of the I.C.C. B. The student club or organization must have at least twenty-five percent (25%) or ten (10) registered members of the student body, whichever is the lesser in number, signed up on the A.S.M.C. APPLICATION TO CHARTER ORGANIZATION OR CLUB FORM. C. The student club or organization must have a Merritt College Faculty or staff Advisor. It is recommended that each club or organization have two advisors, but this is not required. D. Clubs may charter throughout the academic year with the approval of the Associated Students of Merritt College. However after A.S.M.C. determines a closing date for I.C.C. startup funds any club or organization chartered after that date are ineligible for start-up funds. 43 E. The organization or club must submit a constitution to the Associated Students of Merritt College for approval. The proposed constitution must not discrimination in its services, activities, or in any way on the basis of race, sexual orientation, age ancestry, gender, marital status, color, national origin, creed medical condition, disability, religious and/or political affiliation. The lack of English as a first language shall not be a barrier to any student"s participation in any club or organization governed by the I.C.C. or chartered by the Associated students of Merritt College. F. The I.C.C., under the auspices of the Associated Students of Merritt College, is subject to Title IX of the Education Amendments of 1972, Title VI and Title VII of the Civil Rights Act of 1964 and 1972. Students who believe they have been discriminated against may file a discrimination complaint with the President of Merritt College, Vice President of Student Services, or the Affirmative Action Officer. Complaint forms and procedures are available at President"s, Dean"s, and District Affirmative Action Offices. G. Once a club is chartered, that club will remain chartered throughout the calendar year. Re-chartering will only become necessary if one or any of the officers or signatures to the club"s signature card is changed. This amendment to the ICC ByLaws is intended to allow clubs to begin operation at the beginning of the Fall Semester of each year. It is in no way to be construed to give rise to club operations during the Summer Session, when there is no sitting ASMC Student Council. Approved 4/2/04. ARTILCLE IV: MEETINGS/QUORUM NOTE: All meetings must comply with The Brown Act contained in section 54950 ET. Seq., of the California Government Code. A. All regular meetings must have anpagenda posted, in a publicly accessible seventy-two (72) hours to the meeting start time. place, B. The I.C.C. chair shall establish meeting times and the frequency of the meetings. It is suggested that the availability of the Inter-Club Council members should be taken into account when deciding meeting times and the meeting frequency. C. Each club or organization representative will present and oral or written report, updating the Council on the club"s activities and planned activities, at each meeting. D. All clubs and organizations will appoint or elect two regular representatives to the I. C. C. and one alternated. One of the regular representatives will be designated the voting member. In the absence of both regular members the alternate representative may cast that club or organization"s vote. 44 E. Any club or organization whose representatives fail to attend two successive I.C.C. Meetings will be immediately placed on probation and will be notified in writing. Upon the third absence of a club or organization"s representatives that clubs funds will be frozen until a favorable note and two-thirds of the voting members of the I.C.C. releases the freeze. F. Faculty and Staff Advisors are encouraged to attend all I.C.C. Meetings as ex-officio members without voting privileges. G. The Students Activities Advisor or his/her representative must attend all I.C.C. Meetings and will only note in case of a tie. H. A quorum will exist when there is one half the number plus one of the voting members present (exclusive of the Student Activities Advisor). I. No I.C.C. meeting can be regarded as official with out the presence of the Student Activities Advisor or his representative. J. The I.C.C. will elect one of its members to act as the Recording Secretary. The recording Secretary may be paid a stipend for each complete, grammatically correct, set of meetings minutes. A set of meeting minutes consists of one copy per club or organization of The I.C.C., one copy for the Student Activities Advisor, one copy for the A.S.M.C. Account and one copy for the Dean of Student Support Services. K. The I.C.C. Chairperson will ask representatives of each club, on a revolving basis, to attend and report to A.S.M.C. the club or organization activities and /or plans. L. Special Meetings can only be called by the presiding officer (I.C.C. Chairperson) or by a simple majority of the members of the board (the I.C.C.). (Ed. Code Sec. 35144; Government Code Sec. 54956). 1. Notice of the Special Meeting must be delivered personally or by mail(may be waived in writing) to each member and each newspaper, radio station and television station requesting notice, at least twenty-four (24) hours in advance of the special Meeting start time (Ed. Code Sec. 35144). 2. The agenda for the Special Meeting must include the specific item to be discussed and only that item may be discussed in the Special Meeting. NO OTHER BUSINESS MAY BE CONDUCTED DURING THE SPECIAL MEETING. ARTICLE V: ACCOUNTABILITY A. Upon the presentation of evidence of misconduct, misappropriation of funds, or any other behavior that is contrary to these by-laws, the A.S.M.C. by-laws, the California Education Code, the Peralta Colleges and Merritt College Policies, the club or organization may bee a 45 two-thirds (2/3) vote of the entire I.C.C. be brought before the A.S.M.C. for a disciplinary hearing. B. Based on the findings of the A.S.M.C. and the approval of the Dean of Student Support Services, a club or an organization may be place on probation, suspended or prohibited if the evidence of misconduct is established to the satisfaction of two-thirds (2/3) of voting A.S.M.C. members. ARTICLE VI: DUTIES AND ELECTION OF OFFICERS A. CHAIRPERSON: The Chairperson is an elected or appointed Office/member of the Associated Students of Merritt College. It shall be the duty of the Chairperson to preside at I.C.C. meetings, schedule meetings and set the interval between meetings. The I.C.C. Chairperson shall not have a vote except in the case of a tie. The I.C.C. will appoint or cause the election of the I.C.C. Secretary. The Chairperson shall act as the liaison between the I.C.C. and the A.S.M.C. and as the Commissioner of Club Activities as provided for in the A.S.M.C. By-Laws. Special Meetings may be scheduled by the Chairperson, the I.C.C. Officers, or by two-thirds (2/3) vote of the Inter Club Council. B. VICE-CHAIRPERSON: In the absence of the Chairperson it shall be the duty of the Vicechairperson to perform all the duties of the Chairperson and all other duties as may be prescribed by the I.C.C. While the Vice-Chairperson is serving as the Chairperson the ViceChairperson shall have no vote except in cases of a tie. The Vice-Chairperson shall be appointed by the I.C.C. Chairperson or may be elected by the members of the Inter-Club Council. C. SECRETARY: Shall keep an accurate record of the minutes, take the minutes of all I.C.C. meetings. Be responsible for all communications between the I.C.C. and all clubs and organizations. Be responsible for sending out announcements of each meeting, postings agenda, and be responsible for each club"s mail box. When funds are available the I.C.C. Secretary will receive a stipend, amount to be decided by the I.C.C., per complete set of minutes. A complete set of minutes consists of one each copy for each member of the I.C.C., Dean of Student Support Services, the Student Activities Advisor, the A.S.M.C. Accountant and the A.S.M.C. President. D. TREASURER: The Treasurer shall be responsible for all financial matters pertaining to the I.C.C. and all clubs and organizations. The treasurer shall provide al written itemized financial report to the I.C.C. once a month. The Treasurer can recommend that a chartered club account be placed on hold if chartered club fails to submit a financial report to the I.C.C. each month. Any hold or freeze on a club or organization"s account must be approved by a twothirds (2/3) note of the I.C.C. and the Student Activities Advisor. E. PARLIAMENTARIAN: The Parliamentarian shall be responsible for taking roll call at each I.C.C. meeting and shall advise the Chairperson if the quorum exists. The Parliamentarian 46 shall be responsible to see that Robert"s Rules of Order are followed and shall answer any questions concerning Parliamentary Procedure. F. The officers of the I.C.C. will assume the duties of the chairperson in the event of the Chairperson"s absence in the following order: Vice-Chairperson, Treasurer, Parliamentarian, and Secretary. G. All officers of the I.C.C. shall be elected by the full membership of the Inter-Club with the exception of the Chairperson who is elected along with the A.S.M.C. Officers. The term of office for all officers shall be one academic year, beginning in the Fall and ending at the end of the Spring Semester. An officer may hold office for a maximum of two consecutive terms. ARTICLE VII: OFFICER ACCOUNTABILITY A. Two (2) unexcused absences per semester any I.C.C. Officer shall be ground for impeachment. B. Any combination of three (3) excused and/or unexcused absences by an I.C.C. Officer shall be grounds for impeachment. C. An emergency leave of absence may be negotiated for up to three (3) weeks. D. Any motion for impeachment must be approved by a two-thirds (2/3) note of the entire Inter-Club Council. Any officer impeached shall have an opportunity to address the I.C.C. and to present evidence in his/her defense. No impeachment or removal from office may proceed without the approval of the dean of Student Support Services and the Student Activities Advisor. ARTICLE VIII: EMPOWERMENT OF THE INTER-CLUB COUNCIL A. The I.C.C. is empowered to enact any measures which are necessary for the fulfillment of its obligations provided that such measures do not conflict with these by-laws or the A.S.M.C. Constitution or By-Laws, or the rules, regulations or policies of the Peralta Community College District, Merritt College or the California State Education Code. B. Proposed amendments and /or additions to these by-laws must be submitted to the entire Inter-Club Council and must be approved by tow-thirds (2/3) note and must have the approval of the Dean of Student Support Services and the Student Activities Advisor. APPROVAL DEAN OF STUDENT SUPPORT SERVICES: __________________________________________DATE________________________ 47 STUDENT ACTIVITIES ADVISOR: __________________________________________DATE________________________ A.S.M.C. PRESIDENT: __________________________________________DATE________________________ THE CONSTITUTION OF THE CLUB \ ORGANIZATION NAME ARTICLE I: NAME The name of this organization shall be:________________________________________ ARTICLE II: PURPOSE The purpose of this organization shall be:______________________________________ ARTICLE III: MEMBERSHIP Section I: All currently registered students of Merritt College and only registered students of Merritt College may hold full membership in the organization. Section 2: Associate membership in the organization may not be granted. ARTICLE IV: AFFILIATION If the organization is affiliated with any non-campus organization. i.e., the Organization Is also nationally charted, the constitution must state such. ARTICLE V: OFFICERS Section I: The officers of this organization shall be (President / Vice Pres, or Chairperson/Vice Chairperson or Co-Chairs, Secretary, treasurer, Publicity Coordinator, Activity Coordinator, I.C.C. representative etc.). Section 2: The officers shall hold office during the terms of Fall and Spring Semester. Section 3: :The officers shall be chosen (by election / appointment, etc.). Section 4: In the event of a vacancy that vacancy shall be filled shall be (state process). ARTICLE VI: FINANCES 48 Section 1: The member of this club or organization who is responsible for the finances is: club"s Section 2: Which two members of the club will be signatories on the A.S.M.C. signature card with the A.S.M.C. Accountant? ARTICLE VII: FACULTY ADVISOR Section 1: The organization shall have a faculty advisor consistent with the requirement for Merritt College Chartered Clubs / Organizations. Sections 2: The organization shall attempt to maintain a faculty advisor in the event that such a requirement is withdrawn. ARTICLE VIII: MEETINGS A statement must be made as to the frequency and type of meetings; all business shall be held on campus. ARTICLE IX: AMENDMENTS/MEETINGS Amendments may not conflict with this CONSTITUTIONAL FORMAT or with Constitutions of the ICC or the A.S.M.C. or with regulation of Merritt College. (Describe methods of initiating and ratifying amendments). ARTICLE IX- -RATIFICATION The ratification of ten registered students of Merritt College and one faculty, or staff member of Merritt College, as long as a faculty advisor is a requirement placed on chartered clubs and organization of Merritt College, shall be sufficient for the establishment of this Constitution. All portions of this CONSTITUTIONAL FORMAT must appear in the constitution of a Chartered club / Organization of Merritt College. Portions of this CONSTITUTIONAL FORMAT that are in parentheses are only for the clarification of that particular section. 49 I. Elections A. The Associated Students shall conduct annual elections to elect officers 1 2 3 4and propositions.5 B. Propositions include, but are not limited to, amendments6 to each Associated Students" Constitution7, initiatives8 as allowed by the Education Code, referendums, recalls, and resolutions.9 10 11 12 13 1 Laney College Constitution Article VI, Section 6: Term Limit: Any member of student government, whether elected of appointed shall serve no more than three years or six (6) semester. These term limits shall extend to all ASMC and ICC members. 2 Vista Community College Constitution Article III, Section 2: The Student Senate shall consist of the following voting member President, Vice-President of Administration, Vice-President of Programs, Treasurer, Secretary and Three (3) Senator. 3 Constitution of the Associated Students College of Alameda Article III, Section 1, Clause 2: The Executive Board, Consisting of the President, Vice-President of Administration, Vice-President or Programs, Treasurer, and Secretary. 4 Associated Students of Merritt College Bylaws Article 13, Section I: A.S.M.C. President, Vice-President, Commissioner of Finance, Secretary, Inter-club Council Chairperson and (7) –(13) Senators if there is increased student interest. 5 College of Alameda Election Code Article Two, Section 3: The exact date(s) at the election shall be determined by the Chairperson. 6 Laney College Constitution Article VII, Section 1-2: Amendments to the constitution may be proposed by twothirds (2/3) vote of the Student Council, or by ten (10) percent of the general student body. The proposed amendment must be submitted in writing to the president of the ASMC at a regularly session meeting. The proposed amendment may bee integrated into the constitution upon approval by two-thirds (2/3) of the voting student body form the most recently held elections. 7 Vista Community College Constitution Article IV, Section 1, 2: The Constitution shall b e amended by a twothirds (2/3) majority of the valid votes cast in any general of special election. 8 Vista Community College Bylaws Article IV, Section 1,2,3,4 Initiatives, Referendum, and Recall: Members of the ASMC shall have the power to initiate legislation by a written petition signed by twelve percent (12%) of the membership of the ASVC. 9 College of Alameda Election Code Article IV, Section 4: In case of a proposed amendment to the ASCOA Constitution, any part(s) to be added of subtracted, or changed, shall be included on the ballot with the old sections affected. 10 Laney College Constitution Article VI, Section 1: Members who voted in previous selection shall have the power to initiate legislation by means of a petition signed by ten percent (10%) of the number of students how voted in the previous regular election. 11 Laney College Constitution Article VI, Section 2: The Council shall host a special election to within two (2) weeks of the endorsement of the proposal. 12 Laney College Constitution Article VI, Section 3-1.1-.2: Elected officers can be recalled by members of the student body by whom they were elected. A request for such a recall shall be made by a written petition signed by 50 twenty percent (20%) of the members of the student body. Appointed officers ma be subject to recall upon petition by ten percent (10%) of the student body and two-thirds (2/3) ratification vote of the Student Council. 13 Constitution of the Associated Students College of Alameda Article VIII Section 1,2,3,4. 51 II. The Elections Committee A. The election process shall be overseen by an Elections Committee which includes 14: The Elections Committee Chairperson15; Four Elections Council members;16 and The Student Activities Advisor or an administrator designated by the College President (hereinafter referred to as "Advisor") B. The Elections Committee Chairperson shall be appointed by the Associated Student Body President at each College. The Chairperson, in turn, shall appoint four members to the Elections Committee. C. The Appointments of the Elections Committee shall occur no later than eleven weeks before Election Day as delineated in the Section III of this Code (Timeline For Elections). D. Elections shall be under the administrative charge of the Elections Committee Chairperson and be conducted under the guidelines that comply with this Code and the specific Constitution and By-Laws of each College. Election procedures are subject to review by the Advisor. E. The Advisor is a non-voting member of the Election Committee. The Advisor may only vote in order to break a tie vote within the Election Committee. The Advisor may veto a decision of the Election Committee. The Committee may override the Advisor"s veto with a two-thirds (2/3) vote. F. Members of the Election Committee must not be seeking an Associated Students office in the upcoming General or Special Elections.17 If any member of the Election Committee plans to seek reelection or declines to sit on the committee, the Election Committee Chairperson shall select a replacement. G. Guidelines must be established to ensure that the Elections Chairperson and Elections Committee members are neutral and impartial with regard to candidacy, candidates, and issues involved in the election. No member of the Election Committee shall assist nor endorse or oppose any candidate and/or ballot measure either in writing, verbally, or financially. 14 15 Laney College Constitution Article VII, Section 2 College of Alameda Election Code Article I, Section 7: The Chairman shall be in charge of elections. 16 College of Alameda Election Code Article I, Section 3: The total size will be determined by the Chairman. 17 College of Alameda Election Code Article I, Section 3: the Election Committee Chairman shall appoint a committee, with no member to be a candidate for office. 52 Section III. Timeline For Elections A. General Elections shall be held annually on the second Wednesday of April and shall include the Thursday of the same week. Special elections, which may be held in the fall semester, shall conform to similar timeline and procedures outlined in this Election Code. B. The following is the timeline for elections. Event(s) Election Committee must have been formed Announcement of Election Timeline Application Filing Open Application Filing Deadline for All Candidates and Propositions Official Announcement of Candidates and Propositions Candidates meetings Campaign period Ballots must be printed Election Day (Wednesday) Date(s) Eleven weeks before Election Day Ten weeks before Election Day Ten weeks before Election Day Seven weeks before Election Day Six weeks before Election Day Five weeks before Election Day Four weeks before Election Day One week before Election Day Second Wednesday of April and the accompanying Thursday of the same week18 19 20 21 24 hours after the election polls close (Friday at 5 p.m.) 48 hours, excluding weekends, after election polls close (Monday at 5 p.m.) One week following announcement of election results (the following Friday at 5 p.m.) For one week For four full weeks For two days For three weeks Length of Time Anytime before Announcement of election results Turn in Student Protest Form to challenge election results Certification of Election Results C. The Elections Committee, by the time it announces the official start date for filing applications, shall announce the official timeline for that election cycle. The timeline outlined in this Code is intended as the ideal. Extenuating circumstances could require a change in these timelines, but all changes should conform as close as possible to the timeline in this Code. D. Candidates must file for official election candidacy with the proper forms available in the Advisor"s office during the established filing period. 18 Vista Community College Bylaws Article VI, Section 4: Regular election shall be held at lest two (2) weeks prior to final examinations in the Spring semester. Special elections may be held at least one (1) week prior to final examinations in each semester. 19 Laney College Constitution Article X, Section 4-1.1: Regular elections shall be held each year before the end of the spring semester. 20 Constitution of the Associated Students College of Alameda Article X, Section 4, and Clause 1: Regular elections shall be held at least three (3) weeks prior to final examinations in the spring semester. 21 Associated Students of Merritt College Article 13, Section III: A general election shall be held during t first three weeks of every April and shall comply with the guidelines set forth in the Lection code. 53 Section IV. Eligibility for Elections A. Each candidate22 may campaign for only one23 Associated Students office.24 B. Pursuant to California Education Code Section 76061, a student who is elected to serve as an officer in Associated Students government shall meet both of the following requirements: 1. The student shall be enrolled at the college in which the candidate intends to run for office at the time of election, and throughout his/her term, with a minimum of five (5)25 semester units.26 27 28 29 2. The student shall meet and maintain a minimum G.P.A. of 2.030 on a four (4) point scale.31 32 C. To qualify for the ballot, a candidate must meet the above requirements. A candidate must also meet the following requirements: 1. Candidate must collect a minimum of 2533 34 35valid signatures of current students and submit these to the Student Activities Office or a location designated by the Election Committee.36 37 22 Laney College Constitution Article VII Section 1-1.4: No student on academic probation may run for or seek appointment to an ASLC office. 23 Laney College Procedures and Regulations for Student Government Offices, Section II-5: No student may be a candidate for of hold more than one (01) elected office simultaneously. 24 Laney College Procedures and Regulations for Student Government Offices, Section I: offices open for election shall be President, Vice President, Secretary, Treasurer, Publicity Commissioner and Six Senators. 25 Laney College Procedures and Regulations for Student Government Offices, Section II-2. 26 Vista College Bylaws Article VI, Section 1.3: Enroll in and complete a minimum of six (6) units per semester. 27 Laney College Constitution Article VII, Section 1-1.3: All nominees or appointees shall show evidence of a minimal 2.0 grade point average and must be currently enrolled in a minimum of six (6) semester units per semester in office. 28 Constitution of the Associated Students College of Alameda Article X, Section 1, and Clause 3: All members of the student government are required to enroll in and complete a minimum of seven (7) semester units per semester. 29 Associated Students of Merritt College Bylaws Article 14, Section I-II: Any and all registered students are members of the A.S.M.C. and are eligible to vote in the general, special and petition processes and elections. All students will be required to show a Merritt College identification Card and proof of current enrollment. 30 Laney College Procedures and Regulations for Student Government Offices, Section II-3: Show evidence of minimal cumulative grade point average of 2.0. 31 Vista Community College Bylaws Article VI, Section 1.2 & Section 2: Show evidence of minimal overall GPA of 2.5; if an officer"s GPA falls below 2.5, the said officer shall vacate her/his office; Verification of units an GPA is the responsibility of the Student Activities Advisor. 32 Constitution of the Associated Students College of Alameda Article X, Section 1, and Clause 2: All nominees and appointees shall show evidence of a minimal overall GPA of 2.5. If said members of the Student Government fall below 2.5 GPA, the said officer shall vacate ASCOA Student Government. 33 Vista Community College Bylaws Article VI, Section 1.4: Nominees for special and general elections shall present a petition of fifty (50) registered students to the Student Activities Advisor. 34 Laney College Constitution Article VII, Section 1-1.2: All nominees will be required to present a petition with ten (10) signatures of Laney College registered students to the Student Activities Advisor for confirmation. 54 2. Candidate shall be a student in good standing, and not on academic probation, disciplinary probation, financial aid probation, and/or library hold. 3. Candidate must attend the mandatory candidates" meeting.38 D. Write-in candidates must also meet the minimum qualifications in Section IV.A-C in order to be declared a winner of an Associated Students election. E. Candidates shall be given a signed receipt by the Elections Committee Chair or his/her designee, at the time of the submission of an election petition, this following a review of the submitted candidacy petitions for legibility and accuracy of petition signatures. F. Each candidate is solely responsible for complying with all the requirements for candidacy. Should an issue arise that the candidate did not fully comply with the application requirements, the candidate has the burden of proving full compliance to the Election Committee. G. Propositions 1. In order to appear on the ballot, all propositions must be signed by no less than one hundred (100)39 registered students, unless the proposition is an amendment to the Associated Students Constitution.40 2. If the proposition is an amendment to the Associated Students Constitution, the proposition shall only need to meet the requirements set forth in the respective Associated Students Constitution or By-Laws. 3. The students must submit the last four digits of their social security numbers with the petition,41 and the Election Committee must verify that the petitioners are current Peralta Community College District students. 4. The proposition must be presented to the Elections Committee before the official announcement of election candidates and propositions. 35 Laney College Procedures and Regulations for Student Government Offices, Section II-6: Present a petition signed by at least (50) fifty registered students. 36 College of Alameda Code of Election Article III, Section 2: Petitions must be signed no less than fifty (50) registered students. Their social security number must appear. 37 Constitution of the Associated Students College of Alameda Article X, Section 2, and Clause 5: Nominees for special and general elections shall present a petition of fifty (50) registered students to the student activities advisor. 38 Merritt College Article V, Section 2 39 Merritt College Election Code, Article III, and Section 1: Petitions must be signed no less than twenty-five (25) registered Merritt students. Their Social Security Numbers must be clearly entered on the petitions. 40 College of Alameda Election Code Article III, Section 2 41 College of Alameda Election Code Article III, Section 2 55 Section V. Publicity for Elections A. The student body must be informed of an upcoming election by the beginning of the tenth week during the semester in which an election is to be held. Publicity should be widespread, including communication to students by publication in the Laney Tower and other information literature at each college and by communication to faculty and staff at each college. B. The campus community should be informed about the time and place, the offices and candidates, and the propositions and initiatives that will be on the election ballot. C. The Elections Committee shall make a Voter"s Guide available to the campus community four weeks before Election Day. This guide shall include party and candidate statements, the full text of all propositions and initiatives, pro and con statements regarding propositions and initiatives, and an explanation of voting procedures. 56 Section VI. The Elections Process A. Candidates" Meeting 5. The Election Committee shall conduct a minimum of two mandatory candidates" meetings following the official announcement of the candidates, but before the official campaign period in accordance with Section III of this Code. Candidates will be given the option to attend one these two meetings. 6. If a candidate fails to attend the mandatory candidates" meeting, unless due to extenuating circumstances as determined by the Election Committee, the candidate shall be disqualified from the General Election.42 7. At the mandatory candidates meetings, the Election Committee shall explain campaign procedures, dates, rules, and laws and provide each candidate with a copy of the Peralta Community College District Student Elections Code and Pledge of Fair Campaign Practices form.43,44 B. Campaign Period 1. The Election Committee may coordinate open forum, speech events45,46 and any other events deemed necessary during the campaign period47. The Election Committee Chairperson will draw numbers from a container to determine the order of those speaking at the event(s).48 2. Candidates may seek prior approval from faculty to enter and speak to students in the classroom. All such presentations should be limited to a maximum of five minutes. C. Ballots 1. The ballot for the election must be printed by the Elections Committee a minimum of one week prior to Election Day.49 2. In a case where someone is running unopposed, the ballot shall be made to give the votes a change to vote Yes or No on the candidate. 42 43 Merritt College Article V, Section 2 College of Alameda Election Code Article V, Section 1a: At this meeting, the Chairperson shall explain the campaign procedures, rules and law and provide each candidate with an information packet. The Cha 44 College of Alameda Election Code Article V, Section 1b: The Chairperson shall also announce information concerning the date of the election. 45 Vista College Campaigning and Election Procedures Campaign Rules, Bullet 3: Candidates wishing to speak in classes must first seek permission from Vista Instructors. Candidates are limited to 5 minutes in any given class. Instructors have the authority to deny request to speak. 46 Vista College Campaigning and Election Procedures Campaign Rules, Bullet 5: Candidates are allowed 15 minutes each at each forum and may be available during the entire forum time to speak with students. 47 Laney College Procedures and Regulations for Student Government Offices Section III: Campaigning may begin the day of approval of petition. 48 College of Alameda Election Code Article IV, Section 6 49 Merritt College Election Code Article IV, Section 1. 57 3. In case of a proposition that is an amendment to the Associated Students Constitution, any part(s) to be added, subtracted, or changed, shall be included on the ballot with the old sections affected.50 4. No candidates shall be placed on the ballot as a slate.51 5. The Election Committee chairperson shall draw numbers from a container in order to determine ballot placement without showing bias.52,53 This should be done during the first mandatory candidates" meeting. D. Write-In Candidates 1. There shall be one space for write-ins for each vacant office in the General Election.54 2. A write-in candidate must be approved55 by the Chairperson before campaigning.56 Any individual campaigning for an office without approval by the Election Committee shall be subject to disqualification.57 3. There shall be no write-ins eligible or counted in a run-off election.58 59 E. Political Parties 1. All candidates have the right to campaign in association with other candidates. 2. Two (2) or more persons who wish to band together for an election as a political party must be registered with Election Committee if not already a member of the Inter-Club Council (ICC) as a political organization.60 61 No such organization may use the name of any existing organization or past organization unless it is the same.62 F. Conduct 50 51 College of Alameda Election Code Article IV, Section 4 College of Alameda Campaigning Code, Section 2c: A group of candidates may pool their allotments 52 Merritt College Article IV, Section 6 53 College of Alameda Election Code Article IV, Section 5 54 College of Alameda Election Code Article IV, Section 3 55 Laney College Procedures and Regulations for Student Government Offices Section II-4: Write-in candidates must meet eligibility requirements stated above and must receive a minimum of fifty (50) votes 56 College of Alameda Election Code Article VI, Section 1 57 College of Alameda Election Code Article VI, Section 3: Any individual campaigning for an office without approval by the Chairperson shall be subject to the discipline of the Executive Board. 58 College of Alameda Election Code Article IV, Section 3 59 Merritt College Election Code Article IV, Section 3A 60 Merritt College Election Code Article V, Section 1 61 College of Alameda Election Code Article VII, Section 1 62 College of Alameda Election Code Article VII, Section 2 58 1. Candidates may begin campaigning on the official start date as determined by the Election Committee. Campaigning at any other times may be grounds for disqualification. Campaigning may consist of flyers, posters, giveaways, any other form of public advertising, or public speaking regarding a candidate"s run in an election.63 2. Campaigning shall conform to the Student Code of Conduct and to the established guidelines contained within the Elections Code, Constitution and By-Laws of each of the Peralta Colleges.64 3. Any action of a candidate that impedes a member of the Election Committee or a poll watcher in the discharges of his/her duties shall be grounds for disqualification. G. Campaign Posting 1. No campaign material may be posted outside of the college campus. 2. The Election Committee will designate the areas used for campaigning.65,66, 67,68 3. The Student Bulletin and Student Newspaper shall present adequate space for candidates in a non-partisan manner.69,70 4. The Election Committee shall designate the maximums of campaign materials that may be distributed by each candidate.71 ,72 5. All candidate campaign material must contain their name and the position for which they are running. 63 College of Alameda Campaigning Code: Campaign stunts will be allowed only with written approval from the election chairperson and the Student Activities Director. 64 Vista Community College Campaigning and Election Procedures Information for Candidates, Campaign Rules, and Bullet 3: At all times during the campaign and election process, candidates must abide by all District and College policies, including Student Code of Conduct. 65 College of Alameda Campaigning Code, Section 1: The areas used for campaigning will be designated by the Election Committee. 66 Vista College Campaigning and Election Procedures Campaign Rules, Bullet 4: Candidates may post campaign literature on the ASVC bulletin board. 67 Vista College Campaigning and Election Procedures Campaign Rules, We will also make effort limited to two poster (flyers) no larger than 11X17. 68 College of Alameda Campaigning Code, Section 2a-b: Ten posters – maximum size 20"x 30", or 60 square inches. One banner (1) maximum size 10" x 3" or 30 square feet. 69 College of Alameda Campaigning Code, Section 2d 70 Vista College Campaigning and Election Procedures Campaign Rules, Bullet 4: Candidates may post campaign literature on the ASVC bulletin board. 71 College of Alameda Campaigning Code, Section 2: The following maximums of campaign materials may be distributed by each candidate: Ten (10) posters – maximum size 20" X 30", or 60 square inches, One (1) banner – maximum size 10" X 3", or 30 square feet. 72 Vista College Campaigning and Election Procedures Campaign Rules, Bullet 4: We will also make effort limited to two posters (flyers) no larger than 11 X 17. Campaign literature must be approved for posting by Mario Rivas. Inappropriate materials will not be posted. 59 6. No candidate shall interfere with the campaigning of any other candidate, nor shall they interfere with the dissemination of information by any student publication. Failure to obey this provision shall be grounds for disqualification. 7. No candidate shall publish or post campaign materials featuring factually inaccurate information about any Associated Students candidate or their endorsements. Failure to obey this provision shall be grounds for disqualification. 8. Candidates shall remove all signs, posters and/or displays within forty-eight (48) hours of notification of the official closing of the General Election. 73 Failure to do so may result in the college imposing fines for clean up and a hold on candidates" records. 9. Violations of these provisions may be grounds for disqualification. H. Campaign Expense Limits 1. Each Candidate shall not spend more than $150.00 on campaign activities for the General Election. Any donated materials must be assessed at full retail value and clearly itemized as part of the $150.00 limit.74 2. Each candidate shall submit an expenditure report, which must include receipts clearly itemizing any personal funds and donations to be used in the General Election 3. All sources of gifts, donations, and/or other services to be used in the General Election 4. Each candidate shall submit an expenditure report to an Election Committee cochair no later than the end of the last day of the General Election. Failure to submit a report may be grounds for disqualification. 5. The Election Committee shall review all candidates" expenditure reports prior to official certification of the General Election results. Any substantial inaccuracies in an expenditure report may be grounds for disqualification. 6. All candidates who campaign in association with other candidates must still turn in individual expenditure reports. I. Pledge of Fair Campaign Practices 1. At the time an individual issues his or her declaration of candidacy, the Election Committee shall give the individual a copy of the Peralta Community College District Student Elections Code and a "Pledge of Fair Campaign Practices" form. 73 College of Alameda Campaigning Code, Section 5: Candidates are responsible for removal of all election signs, posters, and displays by 12:00 noon of the school day after the election. 74 College of Alameda Campaigning Code, Section 3: All campaign activities (materials, literature, etc.) shall not exceed $25.00 whether purchased or donated. 60 2. Pursuant to California Elections Code Section 20440, the Election Committee shall inform each candidate for office that subscription to the Pledge of Fair Campaign Practices is voluntary. 3. The Election Committee shall not indicate whether candidates for Associated Students office have signed or refused to sign the Pledge of Fair Campaign Practices. 4. Failure of candidate to abide by his/her Pledge of Fair Campaign Practices is not an actionable breach of contract and/or a violation of the Peralta Community College District Student Elections Code. Neither the Election Committee nor the Peralta Community College District shall take action against a candidate who violates his/her Pledge of Fair Campaign Practices. 5. The text of the pledge shall read, as follows: "Pledge of Fair Campaign Practices" modified from CA Elections Code Section 20440 There are basic principles of decency, honesty, and fair play which every candidate for the Associated Students in the Peralta Community College District has a moral obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, our students may exercise their constitutional right to a free and untrammeled choice and the will of the student body may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents which merit such criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, gender identity, disability, physical health status, or age. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from Peralta Community College District faculty, students, and clubs including but not limited to any organization affiliated with the Peralta Community College District. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics which I condemn. I shall accept responsibility to take firm action against 61 any subordinate who violates any provision of the Peralta Community College District Student Elections Code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every voter to full and equal participation in the General Election process. I, the undersigned, candidate for election to the Associated Students in the Peralta Community College District, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.75 _____________ Date ______________ Signature 75 Vista College Campaigning and Election Procedures Election Information and Rules: "Please be advised the violation of any campaign of election procedures will result in the automatic removal from the election process." 62 Section VII. Election Day A. The elections shall be held under the auspices of the Elections Committee, with the assistance of neutral elections observers/workers, e.g., Student Activities staff, students, League of Women Voters. B. The elections shall be held on no less than two consecutive days76 and for a minimum of seven hours each day, not to commence before 9 a.m. and not to end beyond 9 p.m. Every effort should be made to provide evening students the opportunity to vote, including keeping the polling place open until 9 p.m. on at least one of the polling days.77 C. There shall be at least one polling place on each campus.78 D. The polling places shall be staffed by no less than two neutral poll workers. 79 E. Twenty copies of the official Voter"s Guide must be available at the polling location for review by potential voters. F. Prior to the opening of each poll site the poll watchers shall remove all campaign materials, all student publications containing endorsements, and any campaign materials that are clearly visible and legible from within one hundred (100) feet of the polling site. G. Any campaigning, or any distribution of student publications within one hundred (100) feet80,81,82,83 of an open polling site shall be grounds for disqualification. This shall include the posting of any literature related to the campaign. H. Upon presentation of either a student identification card or valid state identification, any currently registered student at the college at which the elections are held may vote. The voter must sign an official voter registration list available at the polling location. 84 I. Ballots shall be maintained in a locked ballot box and in a secure location during the election.85 86 76 Merritt College Election Code Article II, Section 3: All elections shall be held on two (2) consecutive academic days with hours that allow all students to cast their ballots. 77 Vista Community College Campaigning and Election Procedures Information for Candidates, Election information and Rules, Bullet 2: You should encourage those voting for you to b sure to come to vista on May 7 th and May 8th. 78 Merritt College Election Code Article II, Section 2 79 Vista Community College Campaigning and Election Procedures Information for Candidates, Election information and Rules, Bullet 1: The League of Women Voters will operate the polls. 80 Vista College Campaigning and Election Procedures Election Information and Rules, Bullet 1: There may be no campaigning within 25 feet of the polling place. 81 College of Alameda Campaigning Code, Section 1: No campaigning within 40 feet of polls on Election Day. 82 Laney College Constitution Article X, Section 3-1.2: No candidate shall post election material with 50 feet of the election table. However, active candidates may post fliers in the Student Center prior to Election Day. 83 College of Alameda Campaigning Code Section 1: No campaigning within 40 feet of polls Election Day. 84 Vista Community College Campaigning and Election Procedures Election Information and Rules, Bullet 4: Students wishing to vote must show their Vista college student ID or other photo identification. Therefore, as you are campaigning, remind students to bring photo identification… 63 85 Laney College Constitution Article X, Section 3-1.1: Elections shall be held in the Student Center, second floor, by secret ballot. 86 Constitution of the Associated Student College of Alameda Article X, Section 3, and Clause 1: Elections shall be by secret ballot. 64 Section VIII. Election Results A. Tallying the Votes 2. Ballots shall be counted by the Elections Committee Chairperson, representatives from the college administration, elections workers, or neutral observers, e.g. League of Women Voters. The counting of ballots shall occur immediately following the completion of the voting process.87 3. A candidate for President or Vice-President must receive a majority of the valid votes cast. If no one receives a majority, a run-off will be held between the top two (2) candidates.88 4. The candidate who receives the highest number of votes (plurality) in the runoff election shall be the winner of the contested position.89 90 91 5. In a case where someone is running unopposed, the unopposed candidate shall be declared the winner.92 6. Propositions shall be approved only if a majority of the votes cast on the issue support the proposal unless otherwise required by California State Law, District policy, or the respective Associated Students Constitution and By-Laws. In the case of a proposed amendment, the amendment shall be approved only if two-thirds (2/3) of the votes cast on the issue support the amendment unless otherwise required by the Associated Students Constitution and By-Laws. B. Announcing the Results 1. Election results shall be announced twenty-four hours following an election in accordance with Section III (Timeline).93 C. Protesting the Results 1. Any and all alleged violation(s) of the Associated Students Election Code must be submitted, in writing, using the appropriate General Election protest form94, to the Election Committee within three days of the announcement of election results in 87 Vista Community College Campaigning and Election Procedures Information for Candidates, Election information and Rules, Bullet 4: Votes will be counted at the close of the polls. 88 College of Alameda Election Code Article II, Section 7 89 College of Alameda Election Code Article II, Section 7 90 Laney College Constitution Article X, Section 3-1.6: The candidate meeting all election requirement s and conduct, and who has highest number of votes for office, shall be declared "office-elect". 91 Constitution of the Associated Students College of Alameda Article X, Section 3, and Clause 2: A candidate shall be elected to office when he/she has received the highest number of valid votes cast for the position. 92 College of Alameda Election Code Article IV, Section 7 93 Merritt College Election Code Article II, Section 4: The winner(s) shall be certified within twenty-four (24) hours from the date of election. 94 Merritt College Elections Code Article II, Section 5: Any registered student may protest an election by submitting the protest in writing to the student Activities Advisor. (A copy should be submitted to the Dean of Student Support Services) 65 accordance with Section III (Timeline). Any and all alleged violation(s) of the Peralta Community College District Student Elections Code submitted afterwards may be considered by the Election Committee as invalid.95 2. The General Election protest form must contain a clause stating that the signature(s) of the griever(s) on the form constitute(s) an acceptance of any decision made by the Election Committee regarding the specified grievance. 3. The griever must state whether the alleged violation(s) of the Associated Students Elections Code require a specific remedy. If a specific remedy is necessary, the griever must specify both the nature and provisions of the remedy. 4. The Election Committee shall review all alleged violation(s) of the Peralta Community College District Student Elections Code.96, 97 5. Any decision made by the Election Committee to disqualify any candidate shall require a two-thirds (2/3) vote of the entire Election Committee. 6. All decisions made by the Election Committee regarding the alleged violation(s) of the Peralta Community College District Student Elections Code by any candidate shall be final and binding to any and all parties involved. 7. The Election Committee may refer to the appropriate College office for possible disciplinary action for any candidate found guilty of campaign violations. D. Violations 6. Any attempt by a candidate to subvert the election shall be grounds for disqualification as determined by the Election Committee.98 7. Violations of campaign procedures shall be subject to review and censure by the Elections Committee of each College. Violation of campaign rules shall be subject to review and adjudication by the Elections Committee of each College. Violations of campaign rules may lead to disqualification from the election. 8. Any deliberate violation of any ruling of the Election Committee shall be grounds for disqualification. 95 College of Alameda Election Code Article II, Section 6: Any registered student may protest an election by submitting it in writing to the ASCOA Executive Board. (A copy should be submitted to the Election Committee Chairperson). 96 College of Alameda Campaigning Code, Section 7: It shall be the Election Chairperson"s responsibility to enforce the Code. 97 College of Alameda Campaigning Code, Section 8: Violations to the Election Code shall be subject to the jurisdiction of the Student Activities Director and the Election Committee. 98 Vista College Campaigning and Election Procedures Election Information and Rules: "Please be advised the violation of any campaign of election procedures will result in the automatic removal from the election process." 66 9. A plea of ignorance shall not be considered a valid defense to an infraction of the Peralta Community College District Student Elections Code or any ruling of the Election Committee. 10. Disqualification may only be based on violation of rules specified in the Peralta Community College District Student Elections Code and/or rulings of the Election Committee. The Election Committee shall have the discretion to determine the applicability or enforceability of any reported or discovered violations. E. Certifying the Results 1. Following review and deliberation of any protests to the election results, the Elections Committee and the Administration of the College shall certify election results as official. F. Swearing In/Affirming of All Newly Elected Officers 1. All newly elected officers must be sworn/affirmed into office by the Associated Students Chief Justice in accordance with Associated Students Constitution and By-Laws of each College. 67 We the undersigned, registered students at Merritt College, do petition that the name of: (Print)___________________________________________be placed on the ballot for election to the ASMC office of:___________________________________________. SIGNATURE MUST BE LEGILBE 1. ______________________________ 2. ______________________________ 3. ______________________________ 4. ______________________________ 5. ______________________________ 6. ______________________________ 7. ______________________________ 8. ______________________________ 9. ______________________________ 10. ______________________________ 11. ______________________________ 12. ______________________________ 13. ______________________________ 14. ______________________________ 15. ______________________________ 16. ______________________________ 17. ______________________________ 18. ______________________________ 19. ______________________________ SOCIAL SECURITY # __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ 68 20. ______________________________ 21. ______________________________ 22. ______________________________ 23. ______________________________ 24. ______________________________ 25. ______________________________ 26. ______________________________ 27. ______________________________ 28. ______________________________ 29. ______________________________ 30. ______________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ 69 70