University of Colorado Student Union

Legislative Council

February 15, 2006                                                                                                64LCB#3

Written by:                             Joe Martinez                     Law Co-Senator / Rules Cmte.                                                                                                                                     

Sponsored by:                        Joe Martinez                     Law Co-Senator / Rules Cmte  

                                                Preston Johnson                Law Co-Senator / Rules Cmte                                                   Katie Wolf                         Representative / Rules Cmte    

                                                Stephanie Jilling                Representative / Rules Cmte

A Bill to Amend Legislative Council Bylaws Article III, Section A.

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                                                               Bill History                 

            A thorough review of the Legislative Council Bylaws has revealed that the bylaws include unnecessary, inaccurate, and confusing information. This bill aims to change these elements of the bylaws while preserving the intent and the substance of the bylaws.

            These amendments will remove the inaccurate use of the term “pro tempore,” specify the office of First & Second Vice President, provide for the election of the officers, and organizes the section in a more logical order.

            First, the term pro tempore is most commonly used in the U.S. Senate. It refers to an interim or temporary officer. Our officers, however, do not serve in a temporary capacity and therefore the term pro tempore is inappropriate. This bill removes the use of that term. Second, while it has become customary for the Legislative Council to elect a First Vice President and a Second Vice President, these offices are not provided for in the bylaws. This bill would specifically create these offices and moves the provisions that affect these offices, in substantively similar terms, into a separate section for the Vice Presidents. Third, we currently have no guidance on the manner in which the officers are elected. For example, the bill does not specify whether the officers are elected by a majority or a plurality. This amendment clarifies that the officers are elected by a majority and by secret ballot. Finally, this bill moves the section that creates the office of the Treasurer below that of other officers. Currently, a provision on “Reports” intercedes between the President and the Treasurer.               

Bill Summary

            This bill would replace all use of pro tempore; create a section on the Vice Presidents; proscribe the manner of electing all officers; and reorganizes Article III Section A. ________________________________________________________________

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

Section 1: Article III, Section A will be edited as follows. CAPS indicate new language; strikethrough indicates deletions. 

Article III – Legislative branch

A. Legislative Council

1. Power/Responsibilities: The Legislative Council shall have the power and responsibility to carry out all activities designated to it as described in Article III of the UCSU Constitution.

2. legislative council officers: The legislative council shall elect a president, a first vice president, a second vice president, and a treasurer. IN any instance in which there is one vice president, this officer shall fulfill the duties of the first and second vice president.

3. President Pro Tempore

a. At the first Legislative Council meeting after each regularly scheduled Representative Council election, the Legislative Council shall elect a President Pro Tempore to chair Legislative Council meetings and prepare agendas. The President shall be elected by a majority of those members present & voting. The election shall occur by secret ballot.

b. The President Pro Tempore may cast a vote to break ties, or at any other time when his/her vote could decide the result of any Legislative Council decision, for example, in the case of a two-thirds vote.  This vote may only be cast under these circumstances, and may only be cast after the votes of the other Legislative Council members are counted.

c. The President Pro Tempore may impose limits on debate in the form of time allowed to each speaker and/or the number of questions each speaker may ask.  A reasonable time must be allowed for each Legislative Council member to express his/her views.  If no limits are imposed, the President Pro Tempore may still act to prevent filibuster tactics.

d. The President Pro Tempore shall be allowed a maximum of two minutes to speak on any matter before the Legislative Council immediately prior to the taking of a vote concerning that matter.  If he/she wishes to make any additional argument or presentation of evidence, the chair must be surrendered to the second Speaker, for the duration of discussion and voting on that matter.

e. Moving or calling the question on any matter shall not require recognition by the chair.

f. With powers and exceptions as provided herein, the duties, powers, and responsibilities of the President Pro Tempore shall be as set forth in Robert’s Rules of Order, Revised.

g. In the event of a vacancy in the office of the President, Pro Tempore, the Vice-President Pro Tempore shall assume the duties and responsibilities of the President Pro Tempore, pending election of a new President, Pro Tempore which shall take place at the next regularly scheduled meeting of the Legislative Council.

h. In the event of a vacancy in the office of Vice-President Pro Tempore, the election of a new Vice-President Pro Tempore shall be held at the next regularly scheduled meeting of the Legislative Council.

i. In the event of vacancies in the offices of both President Pro Tempore and Vice-President Pro Tempore, the duties and responsibilities of the President Pro Tempore shall fall upon, first, the Speaker of the Council of Colleges & Schools, and second, the Speaker of the Representative Council, pending the elections of a new President Pro Tempore and Vice-President Pro Tempore.

j. The President Pro Tempore shall meet once a week, after the bills have been submitted, with the speaker of both Council of Colleges and Schools and Representative Council to arrange bill dockets to each council for that week.  In the event that one Council receives an unmanageable proportion of funding requests, the President Pro Tempore and the Speakers of both Councils may docket bills in such a way as to promote equity between the two Councils.  Bills must be docketed and their sponsors notified at least 24 hours in advance of their first reading.

k. The President Pro Tempore should shall have the power to expend monies from Legislative Discretionary account for Legislative Council business.  The Treasurer and all the first Vice-Presidents Pro Tempore shall co-sign spending authorizations included under this subarticle.

4. First & Second Vice President

a. At the first Legislative Council meeting after each regularly scheduled Representative Council election, the Legislative Council shall elect a First Vice President & a Second Vice President. Each Vice President shall be elected by a majority.The election shall be conducted by secret ballot.

b. In the Absence of the President, the First Vice President shall fulfill the duties of the President. In the absence of the First Vice President, the Second Vice President shall fulfill the duties of the First Vice President. 

c. In the event of a vacancy in the office of First Vice Presidnet or Second Vice President, the vacancy shall be filled at the next regularly scheduled Legislative Council meeting.

d. In the event of a vacancy and/or absence of the President, First Vice President, & Second Vice President, the role of President shall fall upon the Speaker of the Council of Colleges & Schools and then upon the Speaker of the Representative Council.

5. Treasurer

a. The Legislative Council shall elect a Legislative Council Treasurer following every Representative Council Election. The Treasurer shall be elected by a majority. The elections shall occur by secret ballot.

b. The treasurer shall report, at each Legislative Council meeting, the status of the Legislative Council Reserve Fund.

c. The Treasurer shall act as a liaison between the UCSU, the Finance Director(s), and the Legislative Council.

6. Reports

a. The Legislative Council agenda shall include a segment of reports by the Representative Council members concerning their respective Joint Boards.

b. A report on the financial status of Legislative Council monies shall also be included.

c. Each Joint Board, Standing Committee, and Ad-Hoc Committee is responsible for reporting to Legislative Council on a regular basis.

d. Reports shall include discussion of all substantive action taken by the Joint Board(s) and/or Committee(s).  Joint Board reports shall be given by the Representative Council member of the respective Joint Board or an official designee of the Joint Board.

e. The Legislative Council agenda shall include a segment of reports by the Council of Colleges & Schools members concerning their respective colleges and schools.

Section 2: Article III, A, 4, under the current bylaws, shall be deleted. Article III, A, 5-11, under the current bylaws, shall be renumbered to conform to the alterations in this bill.

Section 3: All references to “pro tempore” shall be removed from all sections of the bylaws, standing rules, and student fee regulations.

Section 4: Article X, A, 2(c) shall be amended to strike reference to “House of Representatives” and insert “Representative Council.”

Section 5: Article VII, B, 2(b)(iv) shall be amended to strike “curt” from the last line and insert “court.”

Section 6: Pursuant to Article III, Section 7(d) of the Legislative Council bylaws, these amendments must be introduced one week prior to a vote on their approval; only one vote of approval is necessary for passage. Pursuant to Article XI of the Legislative Council bylaws, this amendment must be approved by 2/3 of the entire Legislative Council (12 votes).

2/16/03                                                Introduction

2/23/03                                                Passed                                     13-0-0