September 18th, 2004 61LCB#8 Proper
Impeachment Proceedings
Sponsored by: Margaret
Rapp Senator for Architecture
and Planning
Eugene
Pearson President
Pro-Tempore
Authored by: Margaret Rapp Senator for Architecture and
Planning
A Bill
Bill
History
UCSU Officials are elected and/or appointed and are
expected to duly represent the best interest of the students of the University
of Colorado. The impeachment of any
UCSU Official must only be pursued within the bounds of reasonable cause. Ideological divergences, personal aversion,
and/or partisan motives are not, in any case, justification for
impeachment. The UCSU Constitution
stipulates in Article XVIII, § A that “UCSU shall not discriminate on the basis
of creed, gender, age, sexual orientation, or political orientation.” Said provision is directly applicable to the
impeachment of UCSU Officials. It
should be proven in every circumstance of the introduction of articles of
impeachment that the UCSU Official under debate indisputably committed
impeachable offenses and is worthy of removal from office. The UCSU Constitution describes grounds for
impeachment in Article X, § 4 Subsection 4 as “failure to substantially fulfill
the duties of his/her office, including absence from three meetings in the
legislative session without a valid and reasonable excuse.” Duties of his/her office are delineated for
each individual member of the Legislative Council, especially the leadership of
the Council. Failure to adhere to these
duties constitutes proper grounds for impeachment. This bill supplements proper grounds for impeachment that are
defined in the UCSU or Local College or School Government Governing
Documents. Additionally, this bill
directs proper procedure for impeachment.
Said procedure was developed in the interest of offering due process, as
well as maximum objectivity, impartiality, and non-partisanship to the UCSU
Official against whom articles of impeachment have been introduced and the
spirit of the Fifth and Sixth Amendments to the United States
Constitution.
Bill
Summary
Grounds for impeachment of any UCSU
Official will be defined by guidelines enumerated in the Governing Documents of
any Local College or School Government and/or the UCSU Governing
Documents. The UCSU Constitution
describes grounds for impeachment in Article X, § 4, Subsection 4 as “failure to
substantially fulfill the duties of his/her office, including absence from
three meetings in the legislative session without a valid and reasonable
excuse.” A UCSU Official may only be
impeached due to failure to fulfill the duties specified in any UCSU or Local
College or School Government Governing Documents for his/her office. It must be unquestionably proven that the
UCSU Official under debate has committed impeachable offenses through the
introduction of evidence and/or witness testimony.
THEREFORE BE IT ENACTED by the
Legislative Council of the University of Colorado Student Union, THAT,
SECTION 1: Grounds
for impeachment of any UCSU Official will be defined by guidelines enumerated
in the Governing Documents of any Local College or School Government and/or the
UCSU Governing Documents. The UCSU
Constitution describes grounds for impeachment in Article X, § 4, Subsection 4
as “failure to substantially fulfill the duties of his/her office,
including absence from three meetings in the legislative session without a
valid and reasonable excuse.”
SECTION 2: A UCSU Official acts in an official capacity,
must behave within the bounds of his/her respective position, and must be duly
responsible to UCSU and/or his/her respective Local College or Government at
all times throughout the duration of his/her term. A UCSU Official must also be duly responsible to the fee paying
students of the University of Colorado.
SECTION 3: In determining grounds for impeachment of any
UCSU Official, the UCSU Governing Documents shall always take precedence over
those of any Local College or School Government in the order. When no procedure is specifically delineated
the procedures herein presented shall be used.
SECTION 4: In addition to the aforementioned guidelines,
the grounds for impeachment of any UCSU Official shall be defined as the
following:
1.
A UCSU Official may only be impeached due to blatant
failure to fulfill their duties as specified in any UCSU or Local College or
School Government Governing Document for his or her respective office.
2.
It must be proven that the UCSU Official under
debate has committed impeachable offences through the introduction of evidence
and/or witness testimony.
3.
Said impeachable offenses committed by the UCSU
Official must be obvious in nature.
SECTION 5: All members of the University of Colorado
Student Union may author articles of impeachment against any UCSU Official with
the exception of any UCSU Appellate Court Justice or a justice of a court of
any Local College or School Government for the purpose of maximum objectivity,
impartiality and non-partisanship of the Court.
SECTION 6: The UCSU Official against whom articles of
impeachment are introduced will be known as Defendant.
SECTION 7: The UCSU Official who introduces and sponsors
said articles of impeachment will be known as Petitioner.
SECTION 8: The procedure for impeachment of any UCSU
Official shall be defined as specified in any UCSU or Local College or School
Government Governing Document in addition to the following:
1.
The impeachment process will require at least three
weeks.
2.
The impeachment and removal from office process will
be made up of the following steps in the order specified:
a.
Introduction of articles of impeachment
b.
Reading of articles of impeachment
c.
Impeachment Hearing
d.
Impeachment
e.
Removal Hearing
f.
Removal from Office
3.
Defendant will be serves with a copy of articles of
impeachment via their University sponsored e-mail address at least one week
prior to their initial reading.
4.
All members of the University of Colorado Student
Union Proper will be notified of the introduction of articles of impeachment
one week prior to their reading by a Public Announcement.
5.
Articles of impeachment will be read during a
scheduled meeting of the UCSU entity in which they were introduced at least one
week subsequent to their service to Defendant.
6.
Open hearing must be listed on the agenda prior to
the reading of articles of impeachment or impeachment hearing and may not be
removed.
7.
There will be no questions or discussion during the
initial reading of articles of impeachment.
8.
An impeachment hearing will be held during a
scheduled meeting of the UCSU Entity in which the articles of impeachment were
introduced at the next subsequent meeting of the Entity, at least one week
after the introduction of articles of impeachment.
9.
Defendant shall be served with a copy of evidence
and/or list of witnesses that will testify via an official email one week prior
to the Impeachment Hearing.
10.
Defendant shall submit a copy of his/her evidence
and/or list of witnesses that will testify at least forty-eight hours prior to
the Impeachment Hearing.
11.
The UCSU entity shall move into a closed, Executive
Session during the Impeachment Hearing, the Impeachment, the Removal Hearing
and the Removal from office.
12.
The specified leader or most senior member of the
UCSU entity in which articles of impeachment were introduced will preside over
the Impeachment Hearing, Impeachment, Removal Hearing and Removal from
office.
13.
Each article of impeachment must be discussed and
considered independently during the Impeachment Hearing.
14.
No time limits may be placed on questions and
discussion during the Impeachment Hearing.
15.
Defendant may not be forced to testify during
discussion at a meeting of any UCSU Entity during the Impeachment Hearing.
16.
If Defendant is convicted of any of the charges
enumerated in the articles of impeachment by the UCSU Entity in which they were
introduced, Defendant is thereafter impeached.
17.
At least one week after a UCSU Official has been
impeached; the UCSU Entity in which articles of impeachment were introduced
will reconvene and hold a Removal Hearing to determine whether the said UCSU
official shall be removed from office.
18.
Defendant may not be present at the Removal
Hearing.
19.
The UCSU entity in which articles of impeachment
were introduced will determine whether or not the UCSU Official in question
will be removed from office by a majority vote.
20.
If the UCSU Entity in which articles of impeachment
were introduced and passed removes the UCSU Official in question from office
said decision will immediately take effect.
SECTION 9: A public Announcement shall be defined as a
press release, posting of said articles on the UCSU or Local College or School
Government’s bulletin board, and posting of said articles on the UCSU
website.
SECTION 10: Open
Hearing shall be defined as a time dedicated to allow any member of the public
to openly address the UCSU Entity.
SECTION 11: A UCSU
Official shall be defined as a member of the University of Colorado Student
Union that occupies any of the following positions:
1.
UCSU Executive
2.
UCSU Representative
3.
UCSU Senator
4.
UCSU Appellate Court Justice
5.
UCSU Election Commissioner
6.
Officers of the UCSU Legislative Council
7.
Executive of any Local College or School Government
8.
Voting member of a Legislative Body of any Local
College or School Government
9.
Justice of any court of a Local College or School
Government
10.
Election Official of any Local College or School
Government
11.
Officers of a Legislative Body of any Local College
or School Government
12.
Any position subject to impeachment as defined in
any governing document of any Local College or School Government.
SECTION 12: A UCSU
Entity shall be defined as an assembly of UCSU Officials that has the power to
vote to impeach a UCSU Official and remove him/her from office.
SECTION 13: This Bill takes effect upon passage in two
readings of the Legislative Council.
09-16-04 Passed 11-2-0
09-23-04 Passed 12-1-0