University of North Florida Student Senate Constitution and Statutes Committee Minutes- September 8th, 2014 - Senate Chambers - 5:30PM-6:30 PM Chair: Shomari D. Gloster I. II. Call to Order - Meeting is called to order at 5:31PM Roll Call – Vice Chairwoman Meghan Cunningham - Quorum is established with 4 voting members III. Student Remarks -Matthew Harris. Sophomore. History. I just wanted to say a few words. Tonight you are going to be looking over some legislation regarding title 5 and title 7. I would encourage you to take your time to look through it and make sure it makes sense to you. It is very confusing, so feel free to ask questions. IV. Approval of Minutes – July 14th,2014 - Senator Bachmann: Motion to approve the minutes from July 14th, 2014. Second. All in favor. Motion passes. V. VI. VII. VIII. Approval of Agenda - Senator Brahmbatt. I move to approve the agenda from September 8th, 2014. Second. All in favor. Motion passes. Guest Speakers - None Remarks of the Chair – sgaspt@unf.edu - Today we will have an appeals hearing. I will go over the process with you all. Senators are summoned before this committee when they have 4 appeal points. During the hearing I will state what they have points for and how many. Once the senator takes the floor he or she may tell the committee any information they think is necessary for the committee to know. Once they are finished they will then state how many points they would like removed, if any. Once questions have been asked in regards to the appeal, I will hear a motion on the appeal. If I don’t hear a motion, then the senator’s seat is then revoked. Once I hear a motion that senator will discuss the motion. Old Business-none IX. New Business - a. Appeals Hearing- Senator Elena Shackelford (4 appeal points; 2 points for missing the emergency B&A meeting and 2 points for not doing osprey voice) I’m looking to appeal points I was assessed from the emergency B&A meeting. Being that I am a very involved student on campus and have a part-time job, I unfortunately cannot attend meetings within adequate notice. The issue of senators not meeting requirements will utterly seize to exist, if we move towards a more systematic operation. This is not limited to general senate meetings since they are well known in advanced. Chair people need to let senators know as soon as possible if an emergency meeting is to take place. This can be accomplished by simply giving us a heads up prior to sending out a formal notification. I know I have been unable to accommodate the schedule because the senate leadership hasn’t been accommodating itself. The senate needs to take substantial steps to accommodate all students, including those who work full time. Senate needs to make the conscientious effort to give at least one week in advance warnings to all senators. I would like the 2 points from the emergency meeting removed. o Senator Bachmann- Why did you miss the emergency B&A meeting? - I was only told 2 days in advanced, and I was working. o Senator Bachmann- The two osprey voices, were these two separate ones? - I was out of town. o Senator Bachmann- Were you given adequate timing for the osprey voice? I personally wasn’t able to make it work because my manager wouldn’t let me off. But, would like a week notice for those as well. Senator Bachmann- I motion to remove two absentee points from the emergency B&A meeting. Second. Discussion. Roll call vote: Senator Bachmann- yes, Senator Brahmbatt- yes, Senator Stovall- yes, Senator Cunningham- yes. Motion passes 4:0:0 b. Legislation considered for 1st Reading i. SB-14SB-2782 Title V Reform Sen. Gloster- there were some reforms in title 5 that we thought it needed, and the reforms were made and those are the changes that are before you today. If you find anything you have questions about please ask the Chief Justice or ask myself. - Chief Justice Powers: Title 5 is obviously concerning the Judicial Branch. Over the summer we passed an OB that gave some new power to the judicial branch, previously we were just a recommendation board. That’s not really what the Judicial Branch should be. Title 5 makes a lot of the wording within the statute congruent with the intent of the constitution. Some big changes include moving the confusing wording about judicial reviews, to define it a little bit better. There are three main ways to do it: judicial appeal, judicial complaint, and a general judicial review. Those are all considered judicial reviews, and we changed those to review processes. Statute is to make law and not to make procedure a policy. The idea is transparency. The title 8 issue, 506.2 the language previously did not at all match up. Title 8 limits what we can do but doesn’t define what we can do. The wording that we want it to read now is that the judicial council has the authority to freeze any and all use of A&S funds for the duration of an investigation…. The chief justices decision may be appealed to the judicial council. The reason we worded it like that, so it gives me the discretion to freeze funds only after a judicial complaint has been filed. If you don’t like my decision to freeze particular funds, you can appeal it to the judicial council. 507.3, cases in which involve a registered student organization, it used to say shall result in a freezing of their A&S funds; we didn’t like that so we changed shall to may. Those are the big changes. The intent is to make sure make sure we can accurately study a case. We just want to make it extremely clear. o Senator Bachmann- for section 501 b, it has the Associate Chief Justice being confirmed by the judicial council crossed out. Why did you take that out? - We made it congruent with 501.1. Our policies and procedures state that I am allowed to pick an associate chief justice, I have to spend time with him and I want to make sure we are on the same page. The policies and procedures state right now that there has to be a simple majority vote. In order to change that the entire council would have to be on board with it. You’re the senate you have the ability to legislate and disagree with it. o Senator Bachmann- Looking at 507.3, in the event an organization was put on hold how long would you expect it to be for the council?- Historically there is no way to tell. Realistically not exponentially too long. It would be more of an investigative tool; we don’t want them spending the funds if they are being investigated. Senator Gloster- Motion to adopt the changes to SB-14SB-2782 on the projector. Second. Motion passes. Senator Brahmbhatt- I move to approve SB-14SB-2782. Second. Discussion. Senator. Gloster: Motion for unanimous consent. Second. Motion passes. ii. SB-14F-2786 The Compliance and Balance Act (CBA) Sen. Ramirez- *Shows PowerPoint presentation on the CBA* this is an exciting new process for title 7. The only way to impeach someone was solely housed with the student - body president. This senate bill also made sure it outlined a senate subpoena, in the old one it failed to differentiate between the two. In the original title 7 it stated that an entire branch could be brought up on charges, this now clarifies that it is a specific person. For an executive branch member, there are two ways they could go through impeachment: judicial can make a recommendation to the senate, or a senator makes a motion on the floor of senate. It requires a 2/3rds vote and then it is forwarded to a review hearing. If a justice makes a motion, it requires a majority vote. After the majority vote it is adopted the officer is removed from office. For a legislative branch member, it is the same exact process. For the judicial member, the student body president can make a recommendation to the senate. After senate approves it, then it goes back to the student body president. The senate may overrule if he vetoes it. Attorney General Harris –It is very long, because we had to strike out so much. Title 7 is just enforcement outside of judicial proceedings. In order to impeach someone, there is a necessity for the law to describe how we do that. The purpose of this new title is to make it clearer. o Senator Gloster- For 703.3 letter A number 1, just to clarify can the senate refuse to comply with the recommendation from the judicial council?- The senate is the body that holds all the power in the process. The senate can always say no. There is discretion at every level. o Senator Bachmann- Can non student government students file a subpoena? No, the only Senate president, any group of 8 senators, B&A, and the GO Committee o Senator Gloster- If the B&A committee or the GO committee want to issue a subpoena does the vote have to be taken in that committee? – Yes, it can be a simple resolution. o Senator Bachmann- How many members consist within the B&A and GO committee?- this fluctuates but right now 7 and 8 in both committees. o AG Harris- *changes with track changes* Chapter 700 and 701, I recommend we change executive orders to executive acts. Chapter 703, just some verbage that’s wrong. Chapter 703.3 page 14, line 18 the impeached officer that should read the accused officer, same for line 38. Page 16 line 10, it should read accused officer. o Senator Bachmann- Going back to submitting a subpoena for the GO and B&A committee is majority or unanimous decision? - It is a majority decision. 701 on page 2. Senator Brahmbhatt. Motion to approve the amended version of SB- X. XI. XII. 14F-2786 as amended by the Attorney General. Second. Discussion. Senator Brahmbhatt: I motion to resend my motion. Senator Bachmann. I move to strike simple resolution from the lines 701.1 B and C and for it to read unanimous consent for B&A and GO. Second. Roll call vote: Senator Cunningham –yes, Senator Bachmannyes, Senator Brahmbhatt-no, Senator Stovall- no, Senator Gloster- yes. Motion passes 3:0:2. Senator Bachmann- I move to approve SB-14F-2786 as amended. Second. Discussion. Roll call vote: Senator Cunningham- yes, Senator Bachmann-yes, Senator Brambhatt- yes, Senator Stovall-yes. Motion passes 4:0:0 Announcements - I greatly appreciate how you carried yourself in this meeting. Students expect you to represent their voice. You should be prepared. You should re-read these bills before senate next Monday. I do have open door policy. We have senator work stations available to you within the legislative cabinet. Final Roll Call – Vice Chairwoman Meghan Cunningham - Quorum is reestablished with 4 voting members Adjournment - Meeting is adjourned at 6:24PM Minutes prepared by: Leah Tolisano, Senate Secretary.