25  January625 FebruaryJanuary 2003                                                                            58th Legislative Council Bill #7#4?

 

 

University of Colorado

Student Union

 

 

Sponsored by:                        Kirk L. C. HammSergio Gonzales                                 Senator of the School of Law Legislative Council President

                                                Kevin Boyer                                      Tri-Executive

           

 

Authored by:              Kirk L. C. HammSergio Gonzales                                 Senator of the School of LawLegislative Council President

 

                                    Kevin Boyer                                      Tri-Executive

 

A Bill

Internal Affairs CommissionDistinguished Speakers Board

 

Bill History

As of late, a plethora of members of the UCSU have expressed a desire to establish a distinguished lecture series at the University of Colorado at Boulder. This series is envisioned to bring speakers of great prestige and regard to the CU campus and community. CU students would benefit greatly from being able to see and hear a few of the most intriguing and world-renowned people of the day. There can be little doubt that the UCSU constituency would not disapprove of the opportunities that this bill would allow them. Currently, a substantial number of fellow universities already have such a system set into place. This series seeks to move the University of Colorado into the forefront of such notable programs. While the logistics of this series have taken different shapes, the goal has remained essentially the same. The tri-executives of this Union have agreed that Ttossiblelausible

For many years, the UCSU Legislative Council has found itself poorly equipped to perform the oversight needed to manage its cost centers.  The Council has too many other obligations during the year that, along with the Council’s large size, prevent it from effectively overseeing the Cost Centers and other UCSU entities.  As a result, it is only during the budget season that the Council begins to look into the policies and actions of the cost centers and other entities, using the budget process alternately as a carrot or stick to drive the cost centers toward goals the Council only then begins to articulate.  These last minute decrees, rewards, and punishments invariably spark resentment in the Cost Centers, which receive no direction from the Council up to that point.  Thus, a better system is needed to provide the cost centers with constant and dependable oversight, as well as to provide the Council with the information it needs to set effective policy throughout the year.  In short, UCSU requires an internal affairs division.

 

 

Bill Summary

 

This bill establishes an internal affairs commission (IAC) for UCSU that will ensure that all UCSU entities comply with UCSU law, as well as to investigate the policies of the various UCSU entities, examine them for efficacy and impact on the student body, and make recommendations for improvement to the Legislative Council.  This bill

establishes a Distinguished Speakers Board responsible for maintaining an annual distinguished speakers series. This board will be placed within the direct jurisdiction of the Eexecutive branch and shall ensure that at least three individuals of the highest possible stature be brought to CU per year. The actions and work of the board shall be reviewed within one and one-half years and a half by the Legislative Council. At this time, the council will determine if the speaker’s board has been successful in its primary and secondary missions.

 

 

 

THEREFORE, BE IT ENACTED by the Legislative Council of the University of Colorado Student Union, THAT:

 

SECTION 1:  Purpose.  This bill establishes a distinguished speakers board which shall be responsible for implementing a yearly distinguished lectures series at CU. The goal of the series will be to bring at least three speakers of great national and/or international recognition to the University annually.  The Speakers must attract a large percentage of students, with the intent of broadening their educational perspective as well as bringing prestige and positive regard to the campus as a whole.  The speakers to be attained by this series should be of the highest caliber possible while offering the lowest possible cost to students.

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This bill establishes an internal affairs commission for UCSU in order to enforce compliance with the UCSU constitution and various bylaws throughout all UCSU agencies.  The commission will also serve to evaluate the policies of each UCSU agency, determine their efficacy, and make recommendations for improvement to the Legislative Council.

 

SECTION 2:  Composition.  The distinguished speakers board shall be composed of six voting members. One (1) executive appointment, one (1) legislative appointment, one (1) community member, and three (3) students at large and one UMC staff member appointed by the UMC Director to serve as an ex-officio member.  ,,The student at large members will be selected by the Distinguished Speakers Board and ratified by a majority vote of Legislative Council.  In addition, one member from CEB and one member from Program Council shall be included on the board as ex officio. These members shall serve as liaisons between each of the three boards, ensuring that communication exists therein.  Quorum shall consist of at least three voting members plus an acting chair. At the initial stage, or at any other point the board cannot reach quorum, an additional Executive appointment and an additional Legislative appointment will be used to fill the board until quorum can be reached.

 

SECTION 3: Chair of Board. The executives shall maintain a distinguished speaker’s board staff member. This individual will chair the Distinguished Speakers Board, and act as the primary agent of UCSU within the realm of the distinguished lectures series. The principle duties of the Chair shall include 1) actively searching for a broad array of distinguished speakers throughout the year 2) retaining background and financial information of said speakers 3) heading negotiations with the speaker and his/her agent(s) 3) booking of speakers and finalizing contractual agreements 4) securing venue and space for speaking engagement 5) reporting the status of the board to the Eexecutives and the Llegislative Ccouncil Vvice Ppresident.

 

SECTION 4: Board Duties and Responsibilities. The Board shall approve an annual list of potential speakers to be contracted for the lecture series. The Board shall is to then direct and assist the chair in contacting the list of potential speakers. After the chair has provided proper information to the board, the board shall decide which speaker(s) will be brought to the university.  While a concensus is most desirable in determining which particular speaker to bring to the University, as a last resort majority vote of the board will serve to determine which speakers to invite to campus.  In accordance with UCSU policy, Legislative Council may overrule the board by a two-thirds vote of Legislative Council.  The Cchair of the board and one Eexecutive shall serve as the signers of the board account, however, the Distinguished Speakers Board must approve all expenditures. The primary duty of the students at large will be to ensure that the student body and community are aware of board events through extensive and efficient advertising. The board shall elect one of the students to serve as chief of public relations. This individual will serve as the contact for the students, community and media. In addition, this student shall head the advertising approved by the board.  At least one member of the board will be assigned the responsibility of acquiring funding, outside of UCSU, for the events.  This shall include but not be limited to corporate sponsorships, naming rights, and gifts to the board. One member of the board will be responsible for maintaining the budget of the board and, in conjunction with the board Chair and the UCSU Finance Director, prepare the budget in accordance with the budgetary process of UCSU.  The board shall seek to also establish events, such as debates, panel discussions, town meetings, receptions, et cetera, surrounding the various speaking engagements. The Board shall meet at least once a week during the fall and spring semesters, and at least three times during the summer session. Ex officio members may be added as needed.The UCSU Internal Affairs Commission (IAC) will be composed of a director and four members of Legislative Council.  An executive,executive or a member of the executive staff appointed by the executive, and the chair of the finance board or his representative will sit as observers and advisors to the IAC.  The members of the Legislative Council sitting on the IAC will span both houses, and both major parties.  The Legislative Council President, in conjunction with the Majority and Minority Leaders, will select two legislators from each party to serve on the IAC.  The term of service for Council members shall be the shorter of one year or the expiration of the student’s office.  Beyond that time, the appointment must be renewed.  It is strongly recommended that the Council appointees have served for at least one year in a UCSU agency and have a thorough knowledge of most UCSU cost centers, joint boards, and operations. 

 

SECTION 3: Party Affiliation.  A UCSU Party is established when three sitting members of the UCSU Legislative Council choose to form a Party and register its name, platform, and Council membership with the UCSU election commissioner and secretaries.  Every UCSU Party must elect from its Council Members a leader and whip each session, whose names must also be registered with the UCSU secretaries.  Any change in Party information must be registered with the secretaries.  If a party controls a majority of the Council votes, it will be deemed the majority party.  The next largest party will be deemed the minority party.  If no party controls a majority of council votes, then the largest party in a coalition of parties and independents, which together comprise a majority of Council, shall be deemed the majority party and the next largest party unaffiliated with the coalition will be deemed the minority party.  Anyone not affiliated with a party will be deemed an independent.  In the case of a coalition, the largest party will select a Council leader and the next largest will select the whip.  Independents are not recognized as a party and may only contribute to the membership of a coalition so long as the coalition ruling party will permit and the independent desires. 

 

 

SECTION 54:  Financial Structure. In order for this board to begin operations, a necessary one-time SOAR allocation of $1530, 000 dollars will be appropriated into a Distinguished Lecture Series Board account within the Budget of the Executives. However, the board shall seek to recover the cost of each speaker through several means. 1) The board shall seek to find corporate and private sponsorships of the lecture series immediately. Potential Sponsorships shall then be presented to the Legislative Council and the Tri-Executives for approval. Either body will maintain the ability to veto the proposed sponsorship. 2) The board will look to various funding sources within the University Administration as possible financial support 3) The board will explore further financial options and their plausibility such as raising student fees through the Legislative Council or by referenda. The Board shall seek to regenerate at least eight five percent of the funds allocated for each event, additional revenue made from an event shall be added to the accountpool for future events.

 

Director Selection.  The director of the IAC shall be selected from a pool of candidates approved by the Vice Chancellor of Student Affairs, nominated by the executive from that pool, and ratified by a 2/3 vote of the entire Legislative Council.  The director must be competent to perform the duties of the office stipulated below.  The director must be competent to audit and inspect, to maintain objective neutrality, and adhere to the highest standards of ethical conduct.  The term shall be for five years.

 

SECTION 65:  Director ResponsibilitiesBoard Review.  The Legislative Council shall review the Board one year and a half after its creation. The Council shall determine if the board has achieved financial viability. The Council will also assess the financial headway made by the Board and decide whether it is sufficient. At this time, the Council shall also determine the continuing financial support to be given to the board by UCSU.

 

Section 7: Range of Speakers.  The Distinguished Speakers Board will target a broad range of speakers in its selection, always taking into account the overall value to the students and the University as a whole.  The speakers should represent a diversity of ideology and backgrounds while keeping in mind the overall purpose of the board.  While speakers may be controversial, they may not be used as part of any political campaign.  While the board shall attempt to acquire outside funding, this funding may not be used to unduly influence the board in its selection of speakers.

 

Section 8: Distinguished Speakers Board By Laws.  The Distinguished Speakers Board must present complete By Laws no later than one and a half years from the time of this bill’s passage.  These By Laws must build upon this bill and take into account unforeseen matters that will arise in operating.  These By Laws must not contradict this bill, the UCSU Constitution, or any other governing document.  These By Laws will then be ratified by a majority vote of Legislative Council.

A.Investigator.  The director of the IAC shall be responsible for reviewing the policies, operations, and expenditures of each UCSU agency, cost center, joint board, statutory entity, local government, committee, commission, directorship, and all other UCSU entities.  The director shall review these entities with two objectives: (1) to ensure that all policies and operations are in compliance with both the UCSU Constitution and applicable laws and the by-laws or constitution of the entity and, (2) to review the entity’s policies with regard to efficacy and impact on the student body.

A.Chair of the IAC.  The director will serve as Chair of the IAC, which shall meet at least twice per month or as frequently as the director deems necessary beyond that.  At these meetings, the director will make the commission aware of all actions and research regarding a particular UCSU entity.  The director will then solicit the aid of the IAC in composing a written report.  The director will make a monthly written and oral report to the Legislative Council regarding his research and propose policy recommendations for improved operations of the various UCSU entities.  The Director shall also ask the Legislative Council for the removal of commission members if they fail to fulfill their duties.  As an agency of all three branches of UCSU, the IAC Director may demand the cooperation of any UCSU employee.  The Secretaries of UCSU Proper will maintain primary responsibility for serving the IAC.

A.Constitutional Marshall.  When and if the director finds that a UCSU entity is out of compliance with the UCSU Constitution, UCSU laws, the entity by-laws, or any other applicable governing document or law, he shall immediately issue a notice of the violation to the person responsible for the UCSU entity (director, chair, manager, et cetera).  The notice shall contain a detailed description of the violation and cite the appropriate governing documents or laws that have been violated.  It shall also give notice that failure to rectify the problem within one week will result in a hearing before the IAC, which could result in a complete freeze of the UCSU entity’s operations and finances until the problem is rectified.  If the problem is not corrected in one week, the director will summon the UCSU entity, or the offending person if appropriate, to a hearing before the IAC.  Immediately upon issuing the notice of violation, the director shall schedule this hearing to take place upon the expiration of the one week grace period or as close thereto as possible for the commission members to attend.  At this hearing, the director will act as primary prosecutor and chief judge.

 

SECTION 6:  Commission Responsibilities.

A.Investigators.  Members of the IAC will act to assist the director in all ways.  They shall assist in his investigations and policy recommendations to the Legislative Council.  If they dissent with the recommendations or actions of the director, they are responsible for noting this and their reasoning in the monthly written report to Legislative Council.

A.Tribunal.  If the director summons a UCSU entity to appear before the IAC due to a violation of UCSU law, the IAC members will act as judges.  They will have the power to question the entity before them, as well as to cast one vote per judge to uphold or dismiss the violation.  In order to dismiss a violation brought by the director, the entity in question must prove by a preponderance of the evidence that it is not in violation of the laws cited by the director of the IAC, and a majority of IAC members, including the director, must cast their votes accordingly. Commission members may not proxy their votes on the commission.  If the entity is found to be in violation of UCSU law, the IAC may freeze any or all operations and expenditures of the entity in question, be it the salary of one person or the operation of an entire cost center, until the problem is remedied.  The IAC director will govern this hearing according to the Colorado Rules of Civil Procedure and of Evidence to the extent that such rules are applicable.  The decision of the IAC may be appealed to the UCSU Appellate Court by either the party in question or the IAC Director, but will remain in full force pending a decision by the UCSU Appellate Court.  On appeal, the Court shall use the Colorado Rules of Appellate Procedure to the extent that they are applicable.  It shall also make use of all other applicable legal doctrine and cannons.  The party or the Director may appeal the Court’s decision to the Vice Chancellor of Student Affairs. 

A.Observers.  The executive and finance board chair shall not have a vote on the IAC in any fashion, but will act solely as observers and advisors.

 

SECTION 7:  Oversight. The executive and the Vice Chancellor of Student Affairs shall be responsible for ensuring that the IAC director fulfills his duties.  If the executive observes that the director has failed to fulfill his duties, the executive will call for the Legislative Council to dismiss the director by a 2/3 vote.  This vote may be initiated by the call of the Vice Chancellor, executive or by the Legislative Council’s own initiative.  If the Council votes to dismiss, the Vice Chancellor of Student Affairs must then approve or veto the decision before dismissal will take place.  The executive and Vice Chancellor of Student Affairs may also set general investigative priorities for the IAC.  Thus, it may ask the IAC to investigate cost centers first, then local governments, then commissions.  It may not name specific entities and may not demand more than one investigation into a general area per year.  The Legislative Council may also set such investigative priorities by majority vote.

 

SECTION 8:  Compensation.  The director of the IAC shall be compensated as . . .???

 

SECTION 979:  Enactment.  This bill tasks effect upon passage.

 

 

Sponsors

 

__________________________________                   ___________________________    

Rep. Sergio Gonzales, Leg. Council President     Sen. Kirk L. C. Hamm        Kevin Boyer, Tri-Executive                    

 

2-06-03                                                            Passed                                                            12-4-0

2-13-03                                                            Tabled

02-20-03                                                          Passed as Amended                            10-5-1

 

 

 

__________________________________               _________________________________

Rep. Sergio Gonzales, Leg. Council President            Latifah Al-Attas, Tri-executive

 

 

 

__________________________________            _________________________________

Kevin Boyer, Tri-executive                            Michael Donnelly, Tri-executive