ARTICLE IV
INITIATIVE, REFERENDUM, RECALL AND IMPEACHMENT
Section 1 - Initiative
The qualifications and process for submitting an Initiative shall be as follows:
Clause I.
Obtain the signatures and student I.D. numbers from three (3%) percent of the
San Marcos Campus Fall enrollment of the A.S.P.C. in support of the proposed
legislation.
Clause II.
Submit the proposals for the initiative to the ASG to be referred to the Committee
on Policies, Procedures and Executive Review for a review of the constitutionality
of the submitted proposals, such review to be completed within a time period not
to exceed twenty (20) regularly-scheduled school days.
Clause III.
After review of the proposal and verification of the signatures and the I.D.
numbers by the Student Activities Office, the measure will be put to the student
body for a vote. An Election Committee shall be formed and a Special Election
held within (20) regularly-scheduled school days, unless a regular ASG election
is held during this period, in which case the initiative will be put to the students at
the regular election.
Clause IV.
Required to pass the measure shall be a majority of the votes cast in favor of
said proposal.
Clause V.
Validity clause. -- A minimum of 400 votes must be cast by the ASPC for the
Initiative Election to be declared valid.
Section 2 - Referendum
The qualifications and process for submitting a Referendum to the Associated Students of
Palomar College shall be as follows:
Clause I.
The measure or proposal must be on the Agenda for information at a meeting for
discussion at least one week before the ASG can vote to submit the
measure/proposal to the A.S.P.C. for voting.
Clause II.
The measure must be referred to the Committee on Policies, Procedures and
Executive Review to determine if the proposed referendum is constitutional.
Clause III.
The ASG must refer the proposal to the students by a majority vote of members
present.
Clause IV.
Required to pass the measure shall be two-thirds (2/3) of the votes cast in favor
of said proposal.
Clause V.
Validity clause. -- A minimum of 400 votes must be cast by the ASPC for the
Referendum Election to be declared valid.
Section 3 - Recall
Any person holding an elected or non-paid, appointed position of the ASG shall be subject to
recall according to the following procedure:
Clause I.
A Petition for Recall shall be circulated by students who are qualified as follows:
Clause II.
Petitioners must submit their names and Student Identification Numbers to the
Office of Student Affairs for verification of enrollment.
Clause III.
The petitioners must be currently enrolled in classes at Palomar College and be
free from any disciplinary restrictions.
Clause IV.
Individuals wishing to circulate recall petitions must present their reasons for
such to the ASG in a regular or special meeting.
Clause V.
Before the petition is circulated it must be verified by the Student Activities Office
to contain the following:
a. The names and positions of the officers to be recalled
b. A statement, not less than fifty (50) nor more than two-hundred-fifty (250)
words in length, explaining the reasons for the recall.
c. A rebuttal written by the officers to be recalled
d. Petitions should be numbered by the Office of Student Affairs and signed
by the Director of Student Affairs in order to ensure authenticity.
Clause VI.
The Student Identification Numbers and signatures of five (5%) percent of the
total number of students registered at Palomar College San Marcos campus
(based on the first census of the semester) shall be required to have the recall
placed on a ballot.
Clause VII.
Petitioners shall have not more than twenty (20) regularly-scheduled school days
from the time of petition verification to submit the completed petition with the
required amount of signatures for the recall to be declared valid.
Clause VIII.
The ASG shall hold a recall election within fifteen (15) regularly-scheduled school
days after verification of the signed petition by the Office of Student Affairs,
unless a regular ASG elections will be held in not less than five (5) and not more
than twenty (20) such days, in which case the recall election shall coincide with
the regular election.
Clause IX.
The recall election shall be held in accordance with (Article V, Election Code) of
the ASG Bylaws where appropriate. Decisions relating to applicability of
individual provisions of the Election Code to a recall election (excepting sections
relating specifically to recalls) shall be made by the appointed Election
Committee, subject to reversal by the whole ASG.
Section 4 - Impeachment
Clause I.
Any elected or non-paid appointed ASG officer shall be subject
to impeachment by his/her fellow officers.
Clause II.
Impeachment shall only be used to remove officers from their
positions in extreme cases, including, but not limited to the following:
a.
b.
c.
d.
Clause III.
Proven violations of the Student Conduct Code.
Flagrant and/or continuous abuse of the power of his/her position.
Serious and recurring disregard for the inherent duties of his/her office.
Any other conduct deemed by a two-thirds (2/3) majority vote of the ASG
to be unbecoming of an ASG Officer.
The ASG can impeach any member thereof in concurrence with
the conditions above and by adhering to the following procedure:
a. An ASG officer considering impeachment of another ASG officer must, as
the first step in the procedure, arrange for a meeting with the Director of
Student Affairs and the officer(s) he/she is considering impeaching to
discuss the issues leading to the impeachment.
b. A written notice from the Accusing Officer(s) stating the reason(s) for the
impeachment will be given to the officer(s) in question before any
impeachment process may begin.
c. Submit a resolution with the signatures of five (5) ASG officers to the
President stating the reasons for impeachment so that it may be placed
on the Agenda for the next regularly scheduled weekly meeting, in
accordance with (Article II).
d. The resolution must be considered as information only when it is first
placed on the Agenda. Five (5) school days must pass before
impeachment can be considered for action.
e. The officer being impeached must be present at both the information and
the action meeting.
f. No resolution for impeachment shall apply to more than one (1) ASG
officer.
g. The ASG shall vote on the resolution. Should a two-thirds (2/3) majority of
the votes cast favor impeachment, the officer shall immediately be
considered removed from office.
ADOPTED 12/14/1992
REVISED 04/10/1996, 03/09/2005