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(**) Denotes an Amendment. Please see LEGISLATIVE ANALYSIS BELOW.

PCU SBA
CONSTITUTION
AS AMENDED 2006

 

THE CONSTITUTION OF

the STUDENT BAR ASSOCIATION OF

pacific coast university school of law.

 

ARTICLE 1

 

1.0                                Name

 

1.1  The name of this organization shall be: Student Bar Association of Pacific Coast University School of Law (SBA of PCU). (**)

 

ARTICLE  2

 

2.0                               Mission

 

2.1 To increase educational opportunities for students.

 

2.2  To provide students with study aids including but not limited to proctoring. (**)

 

2.3  To serve as a communication link between the students, the Dean and faculty.

 

2.4  To improve PCU School of Law's reputation in the legal community, the state and the nation. (**)

 

2.5  To enhance the PCU exposure to the public at large.

 

2.6  To promote student interaction and participation in school and SBA activities. (**)

 

ARTICLE 3

 

3.0                               Membership

 

3.1 All students at Pacific Coast University School of law are members of The Student Bar Association with all privileges and rights thereto, including but not limited to:  the right to vote in student elections, the right to seek and hold elective office in accordance with eligibility requirements of Article 6, the right to nominate candidates for elective office, the right to address the Executive Committee at official meetings, and the right to participate in all Student Bar Association activities, whether officially sponsored by the Student Bar or related to other university organizations.  (**)

  

ARTICLE 4

 

4.0             Organizational structure.

 

The structure of this organization shall consist of the following.

 

The Executive

The General Assembly

   

4.0 (a) All members of the SBA constitutes the general assembly.

 

4.1 The executive committee shall consist of The President, the Vice-President, the Treasurer, the Secretary, and all Class Representatives. (**)

 

 

4.1.1      The president

 

4.1.1(a) The President shall be the chief executive of the Association and in this capacity, the President shall be responsible to the Association and for coordinating the entire activities of the Association. The President shall have the power to call emergency meetings and to appoint special committees. The President shall represent the Association at any level as occasion may call for. The President shall preside over all meetings. (**)

 

4.1.1(b) The President conducts and chairs all meetings, sets agenda, suspends and reopens debates, and calls for a vote as necessary.

 

4.1.1 (c)   The President appoints members to act for any elected official who is absent or sick, etc. Such appointment terminates at the expiration of the assigned duty or on return of the elected official.

 

4.1.1(d) The President also performs all other duties as directed by the general assembly.

 

4.1.2    The vice president

 

4.1.2(a) The Vice President shall assist the President in the execution of his duties, preside over meetings when the President is absent and performs all the duties of the President any time the President is absent.

 

4.1.2(b) In the event the office of the President becomes vacant, the Vice President shall automatically assume the office of the President of the Association and shall appoint a successor to the office of Vice-President. (**)

 

4.1.2(c) The Vice President shall oversee the activities any committees formed and report back to Executive Committee.

 

4.1.2(d) The Vice President shall perform other activities as directed by the general assembly.

  

 

4.1.3             The secretary

 

4.1.3(a) The Secretary records the minutes of the meetings of the Association and prepares agenda for the next meeting after consultation with the President.

 

4.1.3(b)  The Secretary reads the minutes of the last meeting and makes changes as directed by the general assembly.

 

4.1.3(c)  The Secretary handles all correspondence of the Association as directed by the President.

 

4.1.3(d)  The Secretary serves as the keeper of the organization files and records.

 

4.1.3(e)   The Secretary also performs all other duties as directed by the general assembly.

 

4.1.4          THE TREASURER

 

4.1.4(a)  The Treasurer shall be responsible for the safekeeping of all Association funds including deposits and withdrawal.

 

4.1.4(b)  The Treasurer shall be responsible for collecting all Association funds, and all funds collected shall be deposited in the Association account within 3 business days.

 

4.1.4(c)  The Treasurer maintains the records of all financial transactions of the Association and prepares such records for dissemination to the Executives and general assembly,

 

4.1.4(d)  The Treasurer prepares and submits as needed all financial statements and/or financial summaries of the Association

 

4.1.4(e)  The Treasurer performs all other duties as directed by the general assembly.

 

4.1.5     FIRST YEAR AND UPPER CLASS REPRESENTATIVES (**)

 

4.1.5:  Class Representatives (**)

 

4.1.5(a):  A Class Representative shall be elected by the students of each classroom to serve on the Executive Committee. (**)

 

4.15(b):  The Representative shall bring the concerns of the students of that classroom to the Executive Committee, and shall serve as liaison between the Executive Committee and the students of that classroom. (**)

 

4.1.5(c):  The Representative shall attend meetings of the Executive Committee, and shall have an equal vote in all proceedings, with the exception of First Year Representatives, who shall not obtain said voting power until having served in the office for a period of three months.  This Amendment may only be implemented upon enactment of Amendment 8, 2006. (**)

 

  

ARTICLE 5

 

5.0  Tenure and election  (**)

 

 5:1(a):  The term of office shall for the President, Vice-President, Treasurer, and Secretary shall commence upon completion of graduation ceremonies for the outgoing class, or one month following completion of classes for the traditional school year (September to May), whichever occurs first. (**)

 

 5:1(b):  The term of office for Class Representatives shall commence upon election by each class and shall terminate upon the following class election.  If more than one Representative becomes present in a class through grade succession, both Representatives shall continue to serve with all rights and privileges thereto until that Representative’s succeeding class holds elections. (**)

 

5:1(c):  Elections for all officers except Class Representatives shall be held at least three weeks prior to the end of classes in the traditional school year (September to May).  If the traditional school year is no longer in use at PCU, then elections shall be held at least three weeks prior to the end of classes for the predominant term. (**)

 

5:1(d):  Elections for First Year Representatives shall be held within three months after the commencement of classes, according to the procedures set forth by the Election Procedures Committee.  Elections for other Class Representatives shall be held within 45 days of the commencement of classes for that year’s term.  (**)

 

5.2 (**)

 

5.2(a):  All Executive Officers and Class Representatives shall be elected by a simple majority of those members casting ballots. (**)

 

5.2(b):  If no candidate receives a majority of all votes affirmatively cast for that office, the Executive Committee shall conduct a run-off election without undue delay, normally within 7 days.  The run-off election shall be between the two candidates that received the highest number of votes affirmatively cast for that office, and no write-in candidates will be allowed. (**)

 

5.2(c):  If there is a tie for second place, those tied candidates shall be in the run-off with the first place candidate.  If no candidate receives the majority of the affirmatively-cast votes in the run-off election, the winner shall be the person who has received the largest number of affirmatively-cast votes. (**)

 

 5.2(d):  In the event of a tie in the run-off election, the winner will be chosen by a mutually agreed upon game of chance. (**)

 

5.3: Voting shall be by secret ballot.

 

5.4 The President and Vice-President shall each appoint two members to the Election Procedures Committee, each who shall be neither a candidate for office nor a current office holder in SBA.  The Election Procedures Committee shall be responsible for administering the ballot process, insuring integrity, and for counting the ballots in all elections.  The Secretary shall observe and certify the ballot count.  The results shall be presented to the current Administration authority, and sealed in their presence, to be kept by said authority for one year, and opened only in the event of an election contest. (**)

 

 

 

ARTICLE 6

 

6.0                                   Eligibility to run for office.

 

6.1  The Student Bar Association shall operate on a presumption that all students of the University are in good standing unless informed otherwise by the current Administrative authority. (**)

 

6.2  Candidate must dedicate the time necessary to serve in the office.

 

6.3    Candidate for the office of the President must be a third year student at the time of election.

 

6.4  Candidate for V.P. must be a second/third year student at time of election.

 

6.5  Candidate for Secretary may be first, second or third year student at time of election.

 

6.6  Candidate for Treasurer may be first, second or third year student a time of election.

 

6.7  Candidates should submit a personal statement of why they want to run for the office.

 

ARTICLE 7

                      

7.0                                    RESIGNATION AND VACANCY

 

7.1  Any officer may resign his or her position in writing to the general assembly through the President.

 

7.2  If an office becomes vacant by resignation for any reason, the Executive Committee shall appoint a replacement for that office.

 

7.3    Resignation shall not relieve the officer of any accountability for criminal misconduct committed while in office.

 

 7.4  Any officer can be relieved of his or her duty by the general assembly after due process.

 

7,5  Due process constitute allegation against an officer to be submitted to the executive council, the executive council will conduct a hearing, offer the officer concerned opportunity to present his/her own side of the allegation. Then the executive council will report its finding to the general assembly with recommendations.

 

ARTICLE 8

 

8.0                                           Meetings

 

8.1  General meeting of the Association will be held as necessary.

 

8.2  Executive meetings will be held as the need arises..

 

8.3  Meetings of the Executive Committee with the Dean, current Administrative authority, or Faculty members shall be scheduled as needed.  Reasonable notice shall be provided to all parties as to the time and subject matter of the meeting. (**)

 

8.4  "The Electronic Meeting Act": Members of the Executive Committee may participate in a meeting through use of conference telephone, electronic video screen communication, or other electronic transmission by and to the Committee.  Participation in a meeting through use of these methods shall constitute presence in person at that meeting as long as all members participating in the meeting are able to communicate in real time with one another.  Participation in a meeting through electronic transmission by and to the Committee constitutes presence in person at that meeting if both of the following apply:

 

(A)  Each member participating in the meeting can communicate with all of the other members concurrently.

 

(B)  Each member is provided the means of participating in all matters before the Committee, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the Committee. (**)

 

8.5:  All outgoing members of the Executive Committee shall provide incoming members with documentation of their work for the previous year, financial records, and any other records of the Executive Committee’s business for the preceding year(s) as may be relevant to the performance of the incoming members’ duties. (**)

 

ARTICLE 9

 

9.0                              Amendment to the constitution

 

9.1  Motions for amendment to the Constitution shall be presented to the Executive Committee, who shall, after debate, duly present said Motions to the General Assembly for consideration.  The Executive Committee shall offer an opinion on the merits of each Motion, and any student shall have the opportunity to rebut that opinion prior to a vote on the Motions. (**)

 

9.2  The Executive Committee shall complete deliberations and refer the motion to the general assembly.

 

9.3 After due consideration by the general assembly, any amendment to this Constitution shall be effected by a vote of not less than a two third majority of the members present at a properly constituted general assembly meeting.

 

9.4 Any amendments to this Constitution duly enacted in accord with the procedures enumerated within this document shall become effective and supercede the existing document on the first day of classes of the next new academic semester.

To review The Constitutions and By-Laws of other Student Bar Associations, please visit our page entitled: "Links, Research, Credits, etc." by clicking here or on the menu at top of the screen and then scrolling down.

LEGISLATIVE ANALYSIS

(**) LEGISLATIVE ANALYSIS:
 
Message from the President

 

The Committee for Constitutional Reform has given careful consideration to the following proposed amendments to the PCU SBA Constitution, and recommends their passage.  I ask each of you to give the same careful consideration in the exercise of your vote on each amendment.  While this is a busy and hectic time for all students, the decisions reflected by your ballot in this year’s elections will affect current and future students for many years to come.  I strongly encourage each of you to compare the existing and proposed texts.  While I whole-heartedly endorse each of these amendments, I know I can count on each of you to exercise due diligence and make an informed choice.

 

Copies of the current Constitution are available for comparison and reference.  The existing text has not been included here for two reasons:  1) I believe a better comparison can be made by looking at the existing document as a whole rather than in a piecemeal fashion, and 2) confusion over which text exists and which text is proposed can be hopefully be avoided, or at least minimized.

 

The proposed amendments are presented in chronological order, not necessarily in order of importance or impact.  It should also be noted that the proposed amendments will appear as textual changes in the actual document, as opposed to the enumerated Amendments added to the United States Constitution.

 

I would like to thank the members of the Committee for their hard work and thoughtful input in drafting these amendments.  The other members of the 2006 Committee for Constitutional Reform are:  Robert Campbell (Alumnus, Class of 2005), Sue Simpson (4L), Mariela Torres (4L), and Mireya Gutierrez (2L).  I thank each of them for their contribution, and I thank each you for your participation in this historic event!

 

Sincerely honored to be in your service,

 

  

Tim McTighe
 
- - - -
 

Amendment 1, 2006:  “The Housekeeping Amendment” re: typographical errors in the originally published text. 

 

Article 1, Section 1.1:  “Coast” was inadvertently omitted from the name of the university in the hardcopy text.  The word “Coast shall be added.

Article 2, Section 2.2:  the word “student” should be plural (students), and the phrase “study aid” should be plural (study aids).

Article 2, Section 2.4: “school of law”  - the words “School” and “Law” should be capitalized.
 

Amendment 2, 2006:  Article 2 -- Mission Addition - Added Section

 

Section 2.6:  “To promote student interaction and participation in school and SBA activities.”
 

Amendment 3, 2006:  Article 3 – Qualification for Membership;  Rights of Membership

 

 

Section 3.1:  “All students at Pacific Coast University School of law are members of The Student Bar Association with all privileges and rights thereto, including but not limited to:  the right to vote in student elections, the right to seek and hold elective office in accordance with eligibility requirements of Article 6, the right to nominate candidates for elective office, the right to address the Executive Committee at official meetings, and the right to participate in all Student Bar Association activities, whether officially sponsored by the Student Bar or related to other university organizations.”

 

 Repeal of Section 3.2:  MEMBERSHIP FEES - REPEALED.

 

Amendment 4, 2006:  Article 4 -- Structure of the Executive Committee

 

Section 4.1:  The Executive Committee shall consist of:  The President, the Vice-President, the Treasurer, the Secretary, and all Class Representatives.

 

Amendment 5, 2006:  Article 4 –Presidential Authority

 

Section 4.1.1(a):  The President shall be the chief executive of the Association, and in this capacity, the President shall be responsible to the association and for coordinating the entire activities of the Association.  The President shall have the power to call emergency meetings and to appoint special committees.  The President shall represent the Association at any level as occasion may call for.  The President shall preside over all meetings.

 

Amendment 7, 2006;  Article 4 --  Power of Appointment upon Succession to the Presidency by the Vice-President

 

 Section 4.1.2 (b):  In the event the office of the President becomes vacant, the Vice-President shall automatically assume the office of the President and shall appoint a successor to the office of Vice-President.

 

Amendment 8 ,2006:  Article 4 – First Year and Upper Class Representatives - REPEAL OF  CURRENT SECTION 4.1.5 AND REPLACEMENT WITH NEW SECTION 4.1.5, et seq.

 

 

New Section 4.1.5:  Class Representatives

Section 4.1.5(a):  A Class Representative shall be elected by the students of each classroom to serve on the Executive Committee.

Section 4.1.5(b):  The Representative shall bring the concerns of the students of that classroom to the Executive Committee, and shall serve as liaison between the Executive Committee and the students of that

classroom.

 

Amendment 9, 2006:  Article 4 -- Voting Authority of Class Representatives - NEW SECTION 4.1.5. ADDED.

 

Article 4.1.5(c):  The Representative shall attend meetings of the Executive Committee, and shall have an equal vote in all proceedings, with the exception of First Year Representatives, who shall not obtain said voting power until having served in the office for a period of three months.  This Amendment may only be implemented upon enactment of Amendment 8, 2006.

 

Amendment 10, 2006:  Article 5: Tenure and Time of Elections

OLD SECTION 5.1 REPEALED. NEW SECTION 5.1 ENACTED

 

Section 5:1(a):  The term of office shall for the President, Vice-President, Treasurer, and Secretary shall commence upon completion of graduation ceremonies for the outgoing class, or one month following completion of classes for the traditional school year (September to May), whichever occurs first.

Section 5:1(b):  The term of office for Class Representatives shall commence upon election by each class and shall terminate upon the following class election.  If more than one Representative becomes present in a class through grade succession, both Representatives shall continue to serve with all rights and privileges thereto until that Representative’s succeeding class holds elections.

Section 5:1(c):  Elections for all officers except Class Representatives shall be held at least three weeks prior to the end of classes in the traditional school year (September to May).  If the traditional school year is no longer in use at PCU, then elections shall be held at least three weeks prior to the end of classes for the predominant term.

Section 5:1(d):  Elections for First Year Representatives shall be held within three months after the commencement of classes, according to the procedures set forth by the Election Procedures Committee.  Elections for other Class Representatives shall be held within 45 days of the commencement of classes for that year’s term.

 

Amendment 11, 2006:  Article 5:  Election Run-off Provisions

OLD SECTION 5.2 REPEALED. NEW SECTION 5.2 (a, b, c and d) ENACTED.

 

New Section 5.2

Section 5.2(a):  All Executive Officers and Class Representatives shall be elected by a simple majority of those members casting ballots.

Section 5.2(b):  If no candidate receives a majority of all votes affirmatively cast for that office, the Executive Committee shall conduct a run-off election without undue delay, normally within 7 days.  The run-off election shall be between the two candidates that received the highest number of votes affirmatively cast for that office, and no write-in candidates will be allowed.

Section 5.2(c):  If there is a tie for second place, those tied candidates shall be in the run-off with the first place candidate.  If no candidate receives the majority of the affirmatively-cast votes in the run-off election, the winner shall be the person who has received the largest number of affirmatively-cast votes.

Section 5.2(d):  In the event of a tie in the run-off election, the winner will be chosen by a mutually agreed upon game of chance.

 

Amendment 12, 2006:  Article 5:  Election Procedures

OLD SECTION 5.4 HAS BEEN REPEALED.

 

Amendment 13, 2006:  Article 5:  Election Procedures

NEW SECTION 5.4 HAS BEEN ADDED

 

New Section 5.4:  The President and Vice-President shall each appoint two members to the Election Procedures Committee, each who shall be neither a candidate for office nor a current office holder in SBA.  The Election Procedures Committee shall be responsible for administering the ballot process, insuring integrity, and for counting the ballots in all elections.  The Secretary shall observe and certify the ballot count.  The results shall be presented to the current Administration authority, and sealed in their presence, to be kept by said authority for one year, and opened only in the event of an election contest.

 

Amendment 14, 2006:  Article 6:  Eligibility to Run for Office

OLD SECTION 6.1 HAS BEEN REPEAED. NEW SECTION 6.1 HAS BEEN ADDED.

 

New Section 6.1:  The Student Bar Association shall operate on a presumption that all students of the University are in good standing unless informed otherwise by the current Administrative authority.
 

Amendment 16, 2006:  Article 8:  Meetings with University Officials

 

Section 8.3:  Meetings of the Executive Committee with the Dean, current Administrative authority, or Faculty members shall be scheduled as needed.  Reasonable notice shall be provided to all parties as to the time and subject matter of the meeting.
 

Amendment 17, 2006:  Article 8:  Electronic Meeting Act

NEW SECTION 8.4 ENACTED AS "THE ELECTRONIC MEETING ACT"  as modeled from the California Corporations Code Section 307(a),subsection  6(A) and 6(B).

 

New Section 8.4:  Members of the Executive Committee may participate in a meeting through use of conference telephone, electronic video screen communication, or other electronic transmission by and to the Committee.  Participation in a meeting through use of these methods shall constitute presence in person at that meeting as long as all members participating in the meeting are able to communicate in real time with one another.  Participation in a meeting through electronic transmission by and to the Committee constitutes presence in person at that meeting if both of the following apply:

 

(A)  Each member participating in the meeting can communicate with all of the other members concurrently.

(B)  Each member is provided the means of participating in all matters before the Committee, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the Committee
 

Amendment 18, 2006:  Article 8:  Succession Information

NEW SECTION 8.5 ENACTED.

 

New Section 8.5:  All outgoing members of the Executive Committee shall provide incoming members with documentation of their work for the previous year, financial records, and any other records of the Executive Committee’s business for the preceding year(s) as may be relevant to the performance of the incoming members’ duties.

 

Amendment 19, 2006:  Article 9:  Amendment Procedures

 

 Section 9.1:  Motions for amendment to the Constitution shall be presented to the Executive Committee, who shall, after debate, duly present said Motions to the General Assembly for consideration.  The Executive Committee shall offer an opinion on the merits of each Motion, and any student shall have the opportunity to rebut that opinion prior to a vote on the Motions.

 

Amendment 20, 2006:  Article 9:  Effective Date of Amendments

NEW SECTION 9.4

 

 

Section 9.4:  Any amendments to this Constitution duly enacted in accord with the procedures enumerated within this document shall become effective and supercede the existing document on the first day of classes of the next new academic semester.

 

AMENDMENT MAY, 2007 (SUBJECT TO APPROVAL OF TWO-THIRDS MAJORITY APPROVAL) -

 

Original clause
6.3 Candidate for the office of the President must be a third year student at the time of election.
 
Subject to confirmation it will read:
6.3 Candidate for the office of the President must be a second or third year student at the time of election and have passed the First Year Law Students Examination.

 

 

Your Student Bar Association is a non-profit association.  There are no dues or fees for membership.We are self-supporting for our own contributions. Watch for opportunities to support your SBA.  All students at PCU are automatically members of the SBA.

Pacific Coast University School of Law Student Bar Association, 1650 Ximeno Avenue, Suite 310, Long Beach, CA 90804-2150, USA