Bylaws - Saint Mary`s College of California

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ASSOCIATED STUDENTS OF SAINT MARY’S COLLEGE
Bylaws
Article I
The Associat ed Students
Section 1.01 Rights of Membership
All members of the Association shall be permitted to:
A.
Hold an Association office, for which the person is eligible,
B.
Be fairly represented in legislative meetings of the Association,
C.
Serve on any Association committee if eligible and legitimately appointed and confirmed,
D.
Belong to any organization recognized by the Associated Students,
E.
Address the Association government at open meetings during the public forum.
Article II
The Executive Branch
Section 2.01 Term of Office
The term of office of all executive council members shall begin at noon on the first day of May following
their election and shall end at noon on the following first day of May.
Section 2.02 Associated Students President
A.
Qualifications
i.
The president shall have completed at least twenty-two “total” credits, as defined by the
Office of the Registrar, but not more than thirty-one “total” credits, at the time of election.
ii.
The president must have a cumulative grade point average of 3.0 or higher and be free of
college disciplinary probation, academic probation, and free of academic dishonesty at the
time of election and throughout the time spent in office.
B.
Rights and Responsibilities
i.
The president shall be the official representative of the Associated Students and the
Association to the Saint Mary’s College Board of Trustees, Saint Mary’s College Board of
Regents, administration, faculty, staff, students, community, and all subsidiary entities,
boards, committees, and the local community.
ii.
The president shall be the primary liaison between the Association and the administration,
faculty, and staff.
iii.
The president shall be the chief officer responsible for the implementation of legislation
passed by the Senate.
iv.
The president shall provide a report to the Senate at every Senate general assembly.
v.
The president shall be an ex-officio member of every Association board, committee,
organization, media, and class delegation.
vi.
The president shall appoint students to serve on College committees, boards, and task
forces.
vii.
The president shall have the power to veto legislation enacted by the Senate.
viii.
The president shall be a non-voting member of the judicial tribunal and will also facilitate the
training of the justices.
ix.
The president shall be a member of the election commission.
x.
The president shall uphold and defend the constitution, bylaws, election code, and all
pertinent College policies.
Section 2.03 Vice President for Administration
A.
Qualifications
Approved: April 29, 2012
Bylaws of the Associated Students of Saint Mary’s College
2
i.
B.
The vice president for administration shall have completed at least thirteen “total” credits, as
defined by the Office of the Registrar, but not more than thirty-one “total” credits, at the
time of election.
ii.
The vice president must have a cumulative grade point average of 3.0 or higher and be free
of college disciplinary probation, academic probation, and free of academic dishonesty at the
time of election and throughout the time spent in office.
iii.
The vice president shall hold one of the following positions for at least a full semester before
running for the position: class senator or vice president for student affairs.
Rights and Responsibilities
i.
The vice president shall fulfill all duties of the president in his/her absence.
ii.
The vice president shall be the chair of the Senate and reserve the right to call the Senate
into session.
iii.
The vice president shall, in conjunction with the president, be responsible for the
implementation of legislation passed by the Senate.
iv.
The vice president shall provide a report to the Senate at every Senate general assembly
meeting.
v.
The vice president shall serve as an ex-officio member of all class delegations.
vi.
The vice president shall chair the election commission.
vii.
The vice president shall serve as executive facilitator of the institutional affairs board.
viii.
The vice president shall chair the governing documents committee.
ix.
The vice president shall post agendas in accordance with the constitution and bylaws. The
vice president shall maintain copies of minutes from all Associated Students meetings for the
purpose of public inspection, for at least three years.
x.
The vice president shall uphold and defend the constitution, bylaws, election code, and all
pertinent College policies.
Section 2.04 Vice President for Student Affairs
A.
Qualifications
i.
The vice president for student affairs shall have completed at least thirteen “total” credits, as
defined by the Office of the Registrar, but not more than thirty-one “total” credits, at the
time of election.
ii.
The vice president must have a cumulative grade point average of 3.0 or higher and be free
of college disciplinary probation, academic probation, and free of academic dishonesty at the
time of election and throughout the time spent in office.
B.
Rights and Responsibilities
i.
The vice president shall serve as a liaison between the student body and the College
administration.
ii.
The vice president shall oversee student organizations.
iii.
The vice president shall provide a report to the Senate at every Senate general assembly
meeting.
iv.
The vice president shall be a non voting member of the Senate.
v.
The vice president shall serve as an ex-officio member of all organizations.
v.
The vice president shall serve as facilitator of monthly all-organization meetings.
vi.
The vice president shall provide adequate opportunities for students to establish new
organizations and the new student organization process.
vii.
The vice president shall serve as facilitator of new organization meetings when applicable.
viii.
The vice president shall organize one informational fair in the fall and one in the spring.
ix.
The vice president shall maintain contact with Association organizations and facilitate a
semiannual review and annual review individually with each recognized student organization.
x.
The vice president shall have the authority to implement financial incentives and fines on the
student organizations with the approval of the vice president of finance.
xi.
The vice president shall be a member of the election commission.
Bylaws of the Associated Students of Saint Mary’s College
xii.
x.
3
The vice president shall be a non-voting member of the finance committee.
The vice president shall uphold and defend the constitution, bylaws, election code, and all
pertinent College policies.
Section 2.05 Vice President for Finance
A.
Qualifications
i.
The vice president shall have completed at least thirteen “total” credits, as defined by the
Office of the Registrar, but not more than thirty-one “total” credits, at the time of election.
ii.
The vice president must have a cumulative grade point average of 3.0 or higher and be free
of college disciplinary probation, academic probation, and free of academic dishonesty at the
time of election and throughout the time spent in office.
iii.
The vice president must be enrolled in the School of Economics and Business or be
approved by the ASSMC staff advisor in order to be elected.
B.
Rights and Responsibilities
i.
The vice president shall be chief financial officer of the Association.
ii.
The vice president shall oversee a written and electronic record of all collections and
disbursements of Association funds, to be kept for at least three years.
iv.
The vice president shall oversee publication of a monthly statement of accounts for all
Association entities.
v.
The vice president shall provide a report to the Senate at every Senate general assembly
meeting.
vi.
The vice president shall be a non voting member of the Senate.
vii.
The vice president shall serve as the chair of the finance committee and an ex-officio
member of the Institutional Affairs Board.
viii.
The vice president with the assistance of the finance committee prepares the budget
allocation framework, and annual association budget.
ix.
The Vice President shall serve as a member of the Election Commission.
x.
The vice president shall ensure the publication of the annual budget in the Collegian.
xi.
The vice president shall reserve the right to transfer any funds from the account of an
organization recently disbanded from the Association to either the media fund or general
fund, in consultation with the finance committee, the Saint Mary’s College Business Office
representative, the current executive council, and the Saint Mary’s College Director of
Student Involvement and Leadership.
xii.
Shall be the financial representative at the all and new organization meetings.
xiii.
The Vice President shall uphold and defend the Constitution, Bylaws, Bill of Rights,
Election Code, Finance Code and all pertinent College policies.
xiv.
The Vice President must report on all general fund requests within a month of any allocated
funds being utilized.
xv.
The vice president must report on all general fund requests within a month of any allocated
funds being utilized.
Section 2.06 Executive Vacancies and Rem oval from Office
A.
Vacancies
i.
Should the Presidency be vacated for any reason, the vice president for administration shall
immediately assume the presidency to the conclusion of the presidential term.
ii.
If any office of the vice president is vacated for any reason, including succession to
presidency, the president shall appoint a replacement, subject to the approval of the
executive council, followed by a majority of the Associated Students.
iii.
Any appointed vice president must meet the qualifications for office outlined in the bylaws.
B.
Removal from Office
i.
A member of the executive council may be removed from office only in the following ways:
Bylaws of the Associated Students of Saint Mary’s College
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a.
The Association may vote to recall a member of the executive council, in accordance
with the election code.
The Associated Students may recall a member of the executive council by a two-thirds affirmative vote.
Notice of the vote to remove a member of the executive council must be given to the member at least five
business days prior to the meeting at which the removal is debated and voted upon. The member named in
the resolution to be removed from office shall have the right to speak in his or her defense before the vote
takes place.
Article III
The Legislative Branch
Section 3.01 Term of Office
The term of office of all senators elected in the spring shall begin at noon on the first day of May following
their election and shall end at noon on the following first day of May. Senators elected in the fall will take
office immediately after certification of their respective races. The term, no matter when elected, begins
retroactively at noon on the first day of May preceding their election and ends the next immediate first day of
May following their election. The twenty senators shall seek to represent their respective constituencies and
must uphold the constitution in all endeavors. Senators shall comprise the membership of the Associated
Students. All members of the Associated Students shall also be responsible for representing Associated
Students organizations.
A.
Class Chair
i.
The class chair is the official representative of his or her constituency at Saint Mary’s
College.
ii.
The class chair shall supervise and organize all class events.
iii.
The class chair shall call or cancel meetings of the class Senate delegation. The class chair
shall preside over the meetings.
iv.
The class chair shall serve as delegation chair at Senate General Assemblies and Meetings.
v.
The class chair, in conjunction with the class vice chair, shall approve all financial
transactions of the class before processing, in accordance with the Constitution, Bylaws,
Finance Code, and all pertinent College policies.
vi.
The class chair shall not serve as speaker of the Senate.
B.
Class Vice Chair
i.
The class vice chair shall exercise all rights and responsibilities of the presidency should the
position be vacated for any reason. The vice chair will cease serving as vice chair and fill the
remainder of the president’s term.
ii.
The class vice chair shall assist in supervising and organizing class events.
iii.
The class vice chair, in conjunction with the class chair, shall approve all financial
transactions of the class before processing, in accordance with the Constitution, Bylaws,
Finance Code, and all pertinent College policies.
iv.
The class vice chair shall post and maintain a weekly office hour at the office of the
Associated Students.
v.
The class vice chair shall not serve as speaker or board Chair.
Section 3.02 Senator s
A.
Qualifications
i.
An Association member shall vote only in races within his or her current class standing, as
defined by anticipated graduation date. Those not on lists, as provided by the Office of the
Registrar, shall be required to receive written validation from the Office of the Registrar
stating the anticipated date of graduation.
Bylaws of the Associated Students of Saint Mary’s College
5
ii.
B.
Each senator shall have a cumulative grade point average of 2.75 and be free of College
disciplinary probation at the time of election and maintain these standards throughout the
time they hold office.
Rights and Responsibilities
i.
The class senators shall repr esent his or her constituency at Saint Mary's
College.
ii.
The class senators shall be eligible to be a candidate for the pos ition of
speaker.
iii.
The class senators shall be eligible for appointments to boards and
committees, either as a chair or a member .
iv.
The class senators shall attend and participa te in ever y Senate general
assembly meeting.
v.
The class senators shall attend all Shared Mission Events, as defi ned by the
College’s master calendar.
C.
Senate Position Vacancies
Class Senatorial vacancies shall be filled through approval and appointment by the respective remaining class
senators and confirmed by an affirmative vote of the institutional affairs board. The confirmed nominee shall
serve the remainder of the vacant senator’s term.
Section 3.03 Speaker of the Senate
A.
Qualifications
i.
The speaker shall be an elected member of the Senate in the position of class senator.
ii.
Candidates for the position of speaker shall be nominated by any senator at the first meeting
of the year.
iii.
The candidate who receives a plurality of written votes shall be named speaker.
iv.
The speaker shall serve until the following first day of May at noon, resignation, or until he
or she loses a vote of no confidence in the Senate.
B.
Rights and Responsibilities
i.
The speaker shall serve as the chair of the institutional affairs board.
ii.
The speaker reserves the right to call or cancel meetings of the institutional affairs board.
iii.
The speaker shall have the right of first speaking privileges, which he or she may yield, on
the floor of the Senate.
C.
Confidence
i.
Any senator may bring a motion of confidence in the speaker before the Senate at any time,
provided the movement gains a second from the floor.
ii.
Passage of a no confidence vote in the speaker immediately terminates the speaker’s tenure
in the position.
E.
Vacancy
i.
A vacancy in the position of speaker shall be filled at the next Senate general assembly
meeting or committee of the whole by a written ballot of candidates nominated by senators
Section 3.05 Parliamentary Procedure
The Senate shall use Parliamentary Procedure when utilizing formal protocol.
A.
The current edition of Robert’s Rules of Order shall govern the procedures of the meetings. The
chair shall enforce parliamentary procedural rules. A majority appeal of vote of the Senate can
overturn a parliamentary decision of the chair.
B.
Time limits on categories and sub-categories of debate shall be set by the Senate chair for items on
meeting agendas.
C.
All Senate votes, both procedural and legislative, shall be made public.
Bylaws of the Associated Students of Saint Mary’s College
6
Section 3.06 General Assembly Structur e
All Senate general assemblies shall follow a fundamental framework, in accordance with the specific decisions
of the institutional affairs board and the vice president of administration. The Senate shall have final
jurisdiction over specifics not addressed in the constitution.
A.
Opening Business
i.
Call to Order
ii.
Roll Call
iii.
Review of Minutes
iv.
Review of Agenda.
B.
Public Forum
Any undergraduate may ask a question or make a comment concerning Associated Student
Senate business. The Senate Chair shall acknowledge appropriate officials to answer
questions raised. Any question that cannot be answered at that time will be treated as a
question at the next meeting, when the president will be responsible for answering it. At
general assemblies, organization leaders may provide a brief review of their progress and
planning for the year
.C.
Docket
Agenda items for debate and action.
D.
New Business
At the close of docketed business, any senator may choose to discuss new business items.
E.
Reports
i.
Committee Reports
ii.
Senior Class Chair
iii.
Junior Class Chair
iv.
Sophomore Class Chair
v.
Freshman Class Chair
vi.
Vice President for Finance
vii.
Vice President for Student Affairs
viii.
Associated Students President
ix.
Vice President for Administration
F.
Closing Business
i.
General Announcements
ii.
Notice of next meeting
iii.
Adjournment.
Section 3.06 Senate Committees
The Senate can at any time designate a board, task force or committee to address specific issues, topics can
include, but are not limited to: finance, governing documents and organizations.
A.
The committees shall initiate legislation and procedural measures that fall under the specific board’s
jurisdiction.
B.
Each committee shall be comprised of a specific number of voting members and a specific number
of ex-officio members, at least one of which must be an executive council member, to serve as an
adviser.
C.
Committee composition shall be determined in the following manner:
i.
The chair of any board shall serve in their capacity until the following first day of May at
noon, their resignation, or until they lose a vote of no confidence.
ii.
The Chair shall select four members of the Senate and Association to serve on their
respective boards.
D.
Board Chairs shall communicate progress of the board to the Senate in general assembly.
Bylaws of the Associated Students of Saint Mary’s College
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Section 3.07 Board and Committee Vacancies
A.
Should an Association member seat on any committee become vacant, the respective board chair
shall nominate an appropriate Association member, in accordance with the bylaws, to fill the seat.
Section 3.08 Institutional Affairs Board
The institutional affairs board shall be charged with ensuring that appropriate and fair governmental practices
are utilized in all Senate dealings.
A.
Composition
i.
The institutional affairs board shall be chaired by the speaker. The board chair shall be
entitled to a vote in all matters.
ii.
The remaining four seats on the institutional affairs board shall be nominated by individual
senators and confirmed by the Senate as a whole. Three members shall be senators from
each of the three class delegations not represented by the board chair. The fifth member
shall be a member of the Association who is not a senator, or organization president. Thus,
the institutional affairs board will, at all times, include one senator from each class
delegation, and additionally, an Association member.
iii.
The institutional affairs board shall also include two officio members. The vice president for
administration shall serve as the executive facilitator to the institutional affairs board. The
Saint Mary’s College Director of Student Involvement and Leadership, or his or her
designee, shall also serve as ex-officio members.
B.
Meetings
i.
The institutional affairs board shall meet a minimum of once before every Senate general
assembly at least five days prior to meetings of the Associated Students.
ii.
Quorum of the institutional affairs board shall be defined as three of the five voting
members. Quorum must be maintained to conduct official business.
iii.
An affirmative majority of voting members shall be required for passage of legislative and
procedural business.
C.
Rights and Responsibilities
i.
The institutional affairs board shall assist the vice president for administration with regard to
policies and procedures concerning Association meeting structure.
ii.
The institutional affairs board must approve all resolutions, and other items before their
placement on the docket.
iii.
The institutional affairs board is responsible for final approval of all senator nominations.
D. Jurisdiction
i.
Any decision of the institutional affairs board may be reviewed and affirmed or reversed by
an affirmative vote of the majority of the Senate.
Section 3.09 Finance Committee
The Finance Committee is charged with assisting the vice president for finance in the creation of the annual
budget and other annual documents to be produced.
A. Composition
i.
The finance committee shall be chaired by vice president of finance. The chair shall be
entitled to a vote on all matters.
ii.
The finance committee shall include six other voting members, four from the Associated
Students Senate and two students at large, to be appointed by the finance committee chair.
The voting members will be senators at the time of their appointment.
iii.
The vice president for student affairs will serve as a non-voting member.
iv.
The Saint Mary’s College Assistant Dean of Student Life, or his or her designee, shall serve
as an ex-officio member. Additionally, the finance committee may also receive advice from a
senior accountant or his or her designee from the Saint Mary’s College Business Office.
B. Meetings
Bylaws of the Associated Students of Saint Mary’s College
8
i.
The finance committee shall meet a minimum of once per month during the spring
semester.
v.
Quorum of the finance committee shall be defined as three of the five voting members.
Quorum must be maintained to conduct official business.
vi.
An affirmative majority shall be required for passage of legislative and procedural business.
C. Rights and Responsibilities
i.
The finance committee shall assist the vice president for finance with regard to policies and
procedures concerning Association funds, in accordance with the constitution, bylaws,
finance code and all pertinent College policies.
ii.
The committee shall oversee preparation of the budget allocation framework, which shall be
presented to the Senate no less than two weeks prior to the introduction of the annual
budget in the Senate. The committee shall oversee the preparation of the annual association
budget, which shall be presented and approved by the Senate prior to the first day of May.
iii.
The finance committee shall determine the budgets of the clubs, organizations, and media of
the Association.
iv.
The finance committee shall reserve the right to freeze any account suspected of any
accounting irregularities at any time.
D. Jurisdiction
i.
Any decision of the finance committee may be reviewed and affirmed or reversed by a vote
of the Senate.
ii.
The passage of the annual association budget requires an affirmative two-thirds majority
from the Senate.
Section 3.1 0 Senate Attendance
To ensure the views of the Association are always fairly represented, the vice president for administration, in
conjunction with the speaker, shall keep records of senatorial attendance at general assemblies, committee of
the whole meetings, board meetings, and any other meeting.
A.
Attendance at general assemblies and committee of the whole meetings shall be defined as those
present and voting at the time of the initial roll.
B.
Failure to be in attendance of the above named meetings at the time of initial roll shall be counted as
one full absence. Late arrival shall change this full absence to a half absence.
C.
Senators who are present for initial roll call, but leave a meeting unexcused, shall be counted as onehalf absent.
D.
Attendance at committee meetings shall be defined by the chair of each committee.
E.
Ex-officio members of boards shall not be counted in board absence tallies.
F.
Any elected officer who accumulates two full absences, for any reason, shall be referred by the vice
president for administration to the judicial tribunal for adjudication. The judicial tribunal may rule
accordingly:
i.
A ruling of censure, in which the senator is given a formal warning.
ii.
A ruling of probationary status, in which a senator is placed on probation, and recalled
before the judicial tribunal in the case of any further absence.
iii.
A ruling of expulsion, in which the senator is expelled from his or her seat.
Article IV
The Judicial Branch
Section 4.01 Creation
The judicial tribunal shall be composed of five justices. The five justices shall cast a vote in all cases, with the
exception of those in which they have recused themselves.
A.
The five ruling justices shall be composed accordingly:
i.
Four Association members shall be appointed justices representing each undergraduate class.
ii.
The chief justice shall be a separately appointed Association member.
Bylaws of the Associated Students of Saint Mary’s College
9
Section 4.02 Appointed Justices
The five appointed Association members must be nominated by the president and confirmed by a two-thirds
affirmative vote of the Senate.
A.
The Associated Students president must nominate one Association member for the position of chief
justice. This person may not be a member of the Senate. This person must receive training from the
Associated Students President before conducting any trials.
B.
The president must nominate four Association members for the remaining positions of justices.
These persons may not be members of the Senate. These persons must receive training from Student
Involvement and Leadership before conducting any trials.
C.
Justices shall serve until the date of commencement or until a vote of no confidence is taken with
regard to him or her in the Senate. A judicial vote of no confidence requires a two-thirds affirmative
vote of the Senate. Vacancies shall be filled in accordance with the initial nominating processes.
Section 4.03 Rights and Responsibilities
A.
Judicial tribunal shall review all cases of Senate behavior and attendance at the referral of the vice
president for administration
B.
Each member of the tribunal shall also serve as members of the disciplinary hearing board.
Article V
Appointed Officials
Section 5.01 College Committee Member s
The Associated Students president shall appoint all Association members of College committees. These
committee members shall submit written reports to the president, which may be requested by any senator.
The appointments shall be valid until the following commencement.
Section 5.02 Executive Intern
The administrative intern shall be appointed by the Associated Students president, in consultation with the
vice president for administration. The appointment shall be valid until the following commencement.
A.
Duties
a. The executive intern shall be responsible for the recording and timely distribution of the
minutes from all senate meetings, general assemblies and committee of the whole meetings
b. The executive intern shall attend all executive council meetings and take minutes at those
meetings.
c. The executive intern may of other duties as assigned by the executive council.
d. The executive intern shall serve a minimum of eight weekly office hours.
B.
Selection
a. The executive intern will be selected through a process of application, to be turned in to the
vice president for administration, followed by an interview with the executive council.
b. The executive intern may not be an elected senator or executive council member.
Section 5.03 Parliamentarian
The parliamentarian shall be appointed by the Associated Students president, in consultation with the vice
president for administration. The appointment shall be valid until the following commencement.
A.
Duties
a. The parliamentarian shall be responsible for implementation and correct usage of Robert’s
Rules of Order at all general assemblies.
B.
Selection
a. The parliamentarian will be selected through a process of application, to be turned in to the
vice president for administration, followed by an interview with the executive council.
b. The parliamentarian may not be an elected senator or executive council member.
c. The parliamentarian must have a minimum GPA of 2.75.
Bylaws of the Associated Students of Saint Mary’s College
Article VI
10
Organizations
Section 6.01 Jurisdiction
All recognized clubs and organizations of the Associated Students shall fall under the jurisdiction of the vice
president for student affairs and the Senate.
Section 6.02 Recognition
To be officially recognized by the Associated Students, any club or organization must be chartered. The
charter process shall be established:
i.
An organization petitions the vice president for student affairs for the opportunity to charter
an organization.
ii.
The organizations must attend a new student organization orientation.
iii.
The organization must participate in the new student organization process.
iv.
The organization presents its completed constitution and mission statement to the vice
president for student affairs for review. The vice president will make recommendation of a
senator for authorship of a resolution to charter the organization.
v.
Denied applicants may attempt to charter again in a subsequent semester. Approved
applicants are then approved by the Senate by a simple majority affirmative vote.
vi.
The Associated Students recognizes charters approved by the Senate as official immediately,
at provisional status.
vii.
Any club or organization can be expelled by two-thirds affirmative vote of the Senate.
Section 106.03 Responsibilities
A.
The president and vice president, or their designees, of every organization are required to
attend every All Organization Meetings.
B.
The leadership of every organization is responsible for attending the leadership summit and
participating in both the semi-annual and annual reviews, which are conducted by the vice
president for student affairs by the specified dates.
C.
The leadership of every organization shall be responsible for presenting all financial
information to the vice president for finance.
D.
Organizations that are participants of the new student organization process have access to
funding by the Associated Students.
Article VIII
Amendment and Adoption
Section 8.01 Amendm ents
A.
Definition
An amendment shall be defined as any change to the spirit, purpose or wording of the Associated
Students constitution, bylaws, and election code. Proposal of a new constitution shall be brought
before voters, ratified, and approved in the manner outlined for amendments.
B.
Proposal
Amendments to the bylaws can be made through two avenues:
i.
Amendments to the bylaws may be proposed in the Senate through a resolution. A twothirds affirmative majority is required for passage in the Senate. The amendment shall be
incorporated directly into the bylaws.
ii.
Amendments to the bylaws may be proposed through petition of one-fourth the total
members of the Association. The petition shall be presented to the vice president for
administration, who shall submit the amendment to the Association for ratification. A twothirds affirmative majority is required for passage. The amendment shall be incorporated
directly into the bylaws.
C.
Notice
Bylaws of the Associated Students of Saint Mary’s College
D.
11
All proposed amendments must be posted and made available to the Association at least one week
prior to the bylaws ratification vote in the Senate or by the Association.
Adoption
These bylaws shall become effective immediately upon adoption by the Association. They nullify and
supersede all previous bylaws.
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