Student Bar Association University of Kentucky College of Law

SBA Constitution

CONSTITUTION

OF THE STUDENT BAR ASSOCIATION

OF THE UNIVERSITY OF KENTUCKY

COLLEGE OF LAW

ARTICLE I

Name

§101 – Name

The name of this Association shall be the Student Bar Association of the University of Kentucky College of Law (SBA).

ARTICLE II

Objective

§201 – Objective

The purpose of the SBA shall be:

(a)     To institute and support programs from within the College of                Law for the common benefit of SBA members, the College of                     Law, and others;

(b)     To provide a common and collective voice of the student                      body in relations with faculty; and

(c)     To maintain an atmosphere in all areas of College activity                     wherein the maximum respect is secured for students, the                         College, and the legal profession.

ARTICLE III

Members

§301 – Eligibility

Every student enrolled in the University of Kentucky College of Law is eligible for membership in the SBA.

§302 – Membership Fee

A membership fee may be levied only by a majority vote of the Executive Board.  There shall be no annual or monthly dues.  The fee is not mandatory for enrollment at the College of Law.  The membership fee may be increased only by a super majority vote of seven (7) members of the Executive Board before the end of the Spring Semester.

§303 – Failure to Pay Membership Fee

The Executive Board shall have the power to withdraw membership privileges from those members who fail to pay their membership fee, except that the Board may not prohibit any member from voting in any election or voting at any general meeting of the SBA.

ARTICLE IV

Organizational Structure

§401 – Executive Board

The Officers and Representatives of the SBA shall constitute the nine (9) members of the Executive Board.  The Executive Board shall be subject to the orders of the SBA, and none of its acts shall conflict with any action taken by the SBA.  The Executive Board shall fulfill the following duties:

(a)     Supervise the affairs of the SBA between its business meetings;

(b)     Fix the hour and place of meeting;

(c)     Interpret the Constitution and bylaws;

(d)     Make recommendations to the SBA; and

(e)     Perform such other duties as are specified in this                                         Constitution.

§402 – Officers

The Officers of the SBA shall be a President, a Vice President, a Secretary, and a Treasurer.  These Officers shall perform the duties prescribed by this Constitution and bylaws and by the parliamentary authority adopted by the SBA.

§403 – Class Representatives

Class Representatives shall consist of a Representative from the Third Year Class, a Representative from the Second Year Class, and a Representative from the First Year Class.

§404 – At-Large Representative

There shall be one (1) At-Large Representative to represent students generally.

§404A – ABA/LSD Representative

There shall be one (1) American Bar Association Law School Division (ABA/LSD) Representative to represent the students generally in the American Bar Association Law School Division.

§405 – Voting

Regular business shall be conducted by a majority vote.

§406 – Succession

If the President should be incapacitated for any reason, the line of succession to the Presidency shall be as follows: Vice President; Treasurer; Secretary; Third Year Representative; Second Year Representative; and First Year Representative.

ARTICLE V

Duties of Officers and Representatives

§501 – President

The President of the SBA shall have the following duties:

(a)     To serve as a member and chair of the Executive Board;

(b)     To make all appointments to faculty committees subject to a                  veto of a majority of the Executive Board;

(c)     To make a year-end report of the SBA activities during his or                         her term, together with the Secretary;

(d)     To preside over all meetings;

(e)     To serve as liaison between students and the faculty;

(f)      To make all committee appointments and to name all                           chairpersons of such committees, subject to approval of the                   Executive Board; and

(g)     To serve as an ex-officio member of all SBA committees.

§502 – Vice President

The Vice President of the SBA shall have the following duties:

(a)     To assume the duties of the President in the absence of the                    President;

(b)     To serve as a member of the Executive Board;

(c)     To serve as an ex-officio member of all SBA committees; and

(d)     To assist and advise the President in executing SBA functions                 and activities.

§503 – Treasurer

The Treasurer shall have the following duties:

(a)     To serve as a member of the Executive Board;

(b)     To make disbursements as directed by the SBA or the                           Executive Board;

(c)     To receive and preserve all funds of the SBA and keep                          accurate records of such funds; and

(d)     To prepare a budget within three (3) weeks of taking office.

§504 – Secretary

The Secretary shall have the following duties:

(a)     To serve as a member of the Executive Board;

(b)     To make a year-end report of the SBA activities during his or                         her term, together with the President; and

(c)     To preserve the records and minutes of all SBA meetings.

§505 – Class Representatives

Class Representatives shall have the following duties:

(a)     To serve as the official representative of his or her respective                 class; and

(b)     To serve as a member of the Executive Board.

§506 – At-Large Representatives

The At-Large Representatives shall have the following duties:

(a)     To serve as an official representative of the student body;

(b)     To serve as a member of the Executive Board; and

(c)     To serve as a liaison between the Executive Board and the                      College of Law Student Government Association Senator.

§507 – ABA/LSD Representative

The ABA/LSD Representative shall have the following duties:

(a)     To serve as the official representative of the student body to                  the American Bar Association Law School Division;

(b)     To perform such duties as the American Bar Association Law                  School Division shall designate; and

(c)     To serve as a member of the Executive Board.

ARTICLE VI

Elections

§601 – Elections

Elections of all SBA Offices and Representatives, except the First Year Representative, shall be held during the spring semester no later than the second week of April.  Only First and Second Year SBA Members may vote in the spring elections.  The First Year Representative shall be elected during the fall semester no later than the second week of October.  All Elections shall be subject to this Constitution.

§602 – Appointment of the Election Committee

Within two (2) weeks after the first day of classes of the fall semester, the President shall appoint an Election Committee consisting of three (3) members from either the Third Year Class or the Second Year Class to conduct an election of Officers and Representatives, subject to the approval of the Executive Board.  The President shall name one (1) member of the Election Committee to serve as Chairperson, subject to the approval of the Executive Board.

§603 – Election Committee

The Election Committee shall have the following duties:

(a)     To formulate rules and procedures for the conduction of the                  fall and spring elections in accordance with this Constitution                    and not in conflict with any provision herein;

(b)     To post election rules and procedures provided in this                         Constitution and formulated by the Committee on each class                         bulletin board and any other place the Committee deems                         necessary;

(c)     To accept all nominations for candidates that are in                             accordance with this Constitution;

(d)     To review any questions or irregularities in a prompt and fair                manner and take any action the Committee deems necessary,                    including referral of a disqualification of a candidate to the                         Executive Board, subject to these provisions:

(1)     The Election Committee shall conduct a preliminary                             hearing, by majority vote, to determine whether a                                candidate’s behavior subjects the candidate to                                    disqualification.

(2)     If the Election Committee determines that a candidate                           shall be disqualified, the candidate may appeal to the                            Executive Board, excluding any member of the                                  Executive Board who is also a candidate for an office or                     representative position.

(3)     Any appeal to the Executive Board from a                                          disqualification by the Election Committee must be                              made in writing and presented to the President within                                twenty-four (24) hours of the determination of Election                                Committee.

(4)     The President shall call a special meeting of the                                   Executive Board to conduct a hearing of all relevant                             matters concerning the disqualification.  Both the                           appealing candidate and the Chair of the Election                              Committee shall be present at this hearing and shall be                         allowed to present evidence on the matter.

(5)     The decision of the Executive Board to uphold or to                             deny the disqualification shall be final.

§604 – Qualifications of Candidates

The qualifications for Officer and Representative candidates are as follows:

(a)     Candidates for the Office of President shall be a member of                    the SBA and a member of the First or Second Year Class;

(b)     Candidates for the office of Vice President, Secretary, and                       Treasurer shall be a member of the SBA and a member of the              First or Second Year Class;

(c)     Candidates for Class Representatives shall be a member of                     the SBA and shall be a member of the class from which each                     is elected;

(d)     Candidates for the offices of At-Large Representative and                       ABA/LSD Representative shall be a member of the SBA and a                      member of the First or Second Year Class; and

(e)     Candidates may be enrolled in a joint degree program.

§605 – Nominations

Each candidate must be nominated by petition to the Election Committee, subject to the following provisions:

(a)     Each petition must be signed by a number of members of the                         respective electorate representing not less than ten percent                    (10%) of the respective electorate;

(b)     Members may sign the petition of one or all candidates for                    that office, but may sign each petition only once; and

(c)     Petitions must be filed by the deadline set forth by the                         Election Committee.

§606 – Candidate Forum

The President shall call a meeting of the SBA the week following the close of nominations with the purpose of providing each candidate an opportunity to present his or her platform.

§607 – Withdrawal

A candidate’s name may not be withdrawn once it is printed on the ballot.  Any time prior to the printing of the ballots, a candidate may withdraw his or her name from nomination by submitting a written statement with his or her signature to the Election Committee.

§608 – Election Procedure

Elections of all Officers and Representatives, shall be held the week following the candidate forum subject to the following provisions:

(a)     Every member of the SBA shall be allowed to cast one (1) vote                for each of the offices of President, Vice President, Secretary,                      and Treasurer.  Every member of the SBA shall be allowed to                      cast one (1) vote for a class representative from his or her                 respective class, one (1) vote for the At-Large Representative,                     and one (1) vote for the ABA/LSD Representative.

(b)     Notice of the election shall be posted conspicuously on all                    class bulletin boards at least two (2) dates preceding the                       election.

(c)     On the date of the election, the Election Committee shall                       operate one (1) polling place from 9:00 a.m. to 4:00 p.m.  The                   Committee shall provide for secret balloting and insure that                        each member is allowed only one (1) vote for Representative                     of his or her class and one (1) vote for each Officer.

(d)     On the afternoon of the date of the election after the poll                      closes, the Election Committee shall publicly count the ballots                 and certify the winners.

(e)     A candidate shall be declared the winner of an election when                 he or she receives a plurality of at least forty percent (40%) of             the votes as indicated on validated ballots.  A validated ballot                      is one that is issued and initialed by the poll worker and is                        marked on top by “Student Bar Association Official Ballot”                      and the appropriate date.  If a forty percent (40%) plurality is                         not attained by any candidate for an office, there shall be a                 runoff election held within one (1) week between the two (2)                     candidates for that office that received the most votes.  Write-                       in votes will not be valid in a runoff election and if either of                      the two (2) candidates withdraws from the runoff election, the                other candidate shall assume the office without a runoff                        election.

(f)      Election results shall be placed on the SBA Bulletin board no                  later than 8:00 a.m. the day following the elections.

§609 – Term of Office

The term of office shall be one (1) year for all Officers and Representatives except the First Year Representative.  Officers and Representative’s terms of office, except the First Year Representative, shall terminate twenty-four (24) hours after the tabulation of the election unless such termination will become effective on a Saturday or Sunday, then termination will not be effective until 8:00 a.m. on the Monday following his or her election or appointment to office.  The term of the First Year Representative shall start immediately upon the tabulation of the fall election and shall terminate in accordance with the above termination provisions following the spring election.

§610 – Removal from Office

Any Officer or Representative who is alleged to have violated his or her responsibilities under this Constitution or who has missed three (3) consecutive meetings without excuse may be removed from office.  To remove an Officer or Representative, written charges must be filed with the highest ranking officer who is not subject to removal proceedings.  Removal from office requires a two-third (2/3) majority of the SBA.

§611 – Vacancy

When a vacancy occurs in any office, any member of the Executive Board may make a nomination from the student body to fill the vacancy.  The nomination shall be confirmed and the vacancy filled when a majority of the Executive Board approves the nomination.  In the case that the office of the President becomes vacant, the Vice President shall assume the office of President, and the office of Vice President shall be filled according to this section.

ARTICLE VII

Committees

§701 – Creation of SBA Committees

The SBA shall operate standing committees as provided in this Constitution and create and operate special discretionary committees as the SBA deems necessary.  The President and Vice President shall serve as ex-officio members of every committee.

§702 – SBA Committee Appointments

All committee chairpersons and members shall be appointed by the Executive Board unless otherwise provided for in this Constitution.  The terms of all chairpersons and members shall be the same as the term of the nominating President as described in section 609.

ARTICLE VIII

Meetings

§801 – General Meetings

The President or a majority of the Executive Board may call a meeting of the SBA.  A meeting may also be called by members of SBA if a petition requesting a meeting is signed by one-fifth (1/5) of the members of SBA and presented to either the President or a majority of the Executive Board.

§802 – Executive Board Meetings

The Executive Board shall hold at least two (2) meetings per month.

§803 – Special Meetings

The President may call a special meeting of the Executive Board at any time.

§804 – Quorum

A quorum for any meeting of the SBA shall consist of twenty-five (25) members and a quorum of the Executive Board shall consist of five (5) members.

§805 – Recording of Business

If the Executive Board adopts rules or regulations, they shall be recorded as by-laws to this Constitution.

ARTICLE IX

Parliamentary Authority

§901 – Rules

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern the SBA in all cases to which they are applicable and in which they are not inconsistent with this Constitution or any special rules of order the SBA may adopt.

ARTICLE X

Ratification and Amendments

§1001 – Ratification

This Constitution shall be operative immediately upon its adoption which shall be accomplished by a two-thirds vote at any regular meeting of the SBA, provided that this proposal has been submitted in writing one (1) week in advance.

§1002 – Constitutional Amendments

The Constitution may be amended if the following requirements are met:

(1)     A display of the proposed changes on each class board, the                    SBA board, and any other prominent places deemed necessary              by the Executive Board two (2) weeks before the Executive                 Board votes on the matter;

(2)     A petition signed by members of fifty-one percent (51%) of                    the SBA membership; and

(3)     A two-thirds (2/3) majority of the Executive Board.