UWM Student Association Constitutional Referendum Results

This report details the results of UWM Student Association Constitutional Referendum that was conducted

online from Sunday, April6, 2014 until Saturday, April12, 2014 using the UWM Qualtrics web site. I conducted

the Referendum based on a request of several UWM students. These students provided me with the questions

and handled the publication of the Referendum to the UWM student body. The students selected me to run this

Referendum based on the fact that as a UWM student prior to my graduation I was the Chairman of the

Independent Election Committee and could act as an independent and impartial moderator.

The Referendum was accessed 176 times and completed 150 times. The method used for declaring a vote as

valid was as follows. If an individual Student ID could be validated using the UWM Auxiliary Services Ticket

Distribution web page by matching the submitted student's full first name and the first letter of the last name

that was returned it was considered valid; if not, it was listed as 'Not Found' and not counted. The reason that

some or all of the accesses could not be verified as UWM students could be due to Federal Law restrictions on

the release of information prevents all current UWM students being listed in the database.

The maximum number of duplicate accesses by the same student was twice. The majority of these students had

an access that was marked as not finished. If these students were validated and their votes for a question

matched each other on that question or one vote was blank, the non-blank vote was counted as one vote for

that question. If they did not match, neither vote was not counted. Blank votes were not counted.

A breakdown of the votes for each question are shown in the figures below. Screen Shots of the actual

Referendum along with there text are contained in Appendix A.

Question 1: "/,as an enrolled student at the University of Wisconsin- Milwaukee, hereby vote to adopt the

new constitution and transitional bylaws, shown below (and also available here), and be organized solely by

them under Wis. Stat. 36.09(5):" (Full text of the new constitution and transitional bylaws are in Appendix A)

Results: Yes:

No:

147 votes (Validated 143, Validated Duplicates 3 and Duplicate Validated 1)

3 votes (Validated 3)

Row Numbers Number Validation Status Vote Comment

~~~~~Jt!fj;£~~,2~H~~ll%ait€~~t#z~Sffitii~~~~JI;!S!~Ir~~~~j%£Wl~t~n~a~a"'Qi~,~~91li~~~~SI:~lr~~J~illt;igt]ti~~~\13~!9\\i', 4-6 3 Not Found Blank 2 Same Name Blah

170-171 2

174-176 3

Figure 1

Duplicated Not Found

Validated

No Same Person

No

Question 2: Statement about how the student feels about the statement that they have no confidence in, and

do not recognize the "Board of Trustees". (Full text in Appendix A)

Results: Yes: 135 votes (Validated 132 and Validated Duplicates 3)

No: 5 votes (Validated 5)

Row Number of Validation Status Vote Comment Numbers Votes

4-4 1

169-169 1

172-176 5

Figure 2

Duplicate Conflict Invalid Not Found

Duplicate Conflict Valid Not Found

Blank

No 1 Duplicate with above Blank Vote

~~~ ~~~~~~~~~~~~~~~~~~~,~~~;~clj Validated No

.£/xi~~-·· Paul Me Nally

Qualtrics Survey Software https://new.qualtrics.com/ControlPaneVAjax.php?action~GetSurvey ...

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UWM Student Association Constitutional Referendum

Default Block

Please fill out the following information for verification:

First Name (per University Records)

Last Name

UWM Student JD Number

UWM Pantherlink Email

I, as an enrolled student at the University of Wisconsin - Milwaukee, hereby vote to adopt the new constitution and transitional bylaws, shown below (and also available here), and be organized solely by them under Wis. Stat. 36.09(5):

Yes

No

UW-Milwaukee Student Association Constitution

Article .1. Name The name of !his organization shall be the UW Association. It Js hereinafter referred to as the SA.2

Article Jl. Purpose The purpose of the SA is to exercise all rig powers granted collectively to University of Wisconsln-Milwau~ students under Wisconsin state statute 36.09[5), to exercise

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UW-Milwaukee Student Association Constitution1

Article I. Name The name of this organization shall be the UWM Student Association. It is hereinafter referred to as the SA.'

Article II. Purpose The purpose of the SA is to exercise all rights and powers granted collectively to University of Wisconsin-Milwaukee students under Wisconsin state statute 36.09(5), to exercise accountability to and on behalf of its members, to defend their rights, advocate for their interests and demands, and perfomn or direct other activities in service of such interests and demands.'

Article Ill. Membership

Section 3.01. All students at the University of Wisconsin-Milwaukee shall be members of the SA.'

Section 3.02. As used herein, "students" shall be liberally construed to include all persons enrolled in any type of class, admitted to any academic program, participating in a student exchange program or continuing in any relationship implying intent to receive further instruction under the auspices of UWM, to the extent consistent with Wisconsin state statute 36.05(11).5

1 General Comments: Some general features of this constitution as compared to that put to referendum in January 2014 and receiving less than one percent of the vote: I) The provisions are intended to be very durable, i.e., difficult to change and intended to become venerated over long use. To enhance their venerability, they are based on historical SA constitutions where possible. Because they are to be telatively stable over time, they do not

enact any sweeping untested changes, but instead grant flexibility to experiment with changes and reject them if they do not succeed without need of a constitutional amendment. This flexibility is designed to keep intact important principles while allowing response for change. For example, instead of specifying the representation of each school or college in the senate, this document provides for apportionment sensitive to changes in relevant enrollment among

the schools, or the creation of new schools. 2) All provisions have a meanint,>ful effect, and all important effects are provided for. The January 2014 document created dozens of units and new positions with a constitutionally mandated name but no other distinct duties or distinguishing features, thus leaving the entire meaning of such provisions dependent on future bylaws. Here, bylaws to be initially applied are included, so students know what they are voting for, and the most important decisions are

not simply deferred. 3) Careful attention is paid to answering all basic questions, especially about who bears responsibility for what. Where matters are intrinsically difficult to state with precision, development by bylaw and judicial interpretation is necessarily invited, but the effort is made

to avoid ambiguity and confusion in the first instance, minimizing this role. 4) This constitution is intended to reflect and protect student power, while the January 2014 document was a constitution of weakness. UWM administration had no role in forming this constitution, it says nothing that would institutionalize or accede to administration claims of

power over student affairs, and it actively promotes and supports student rights in every

instance.

2 Comment on Article 1: The name format that the administration seeks to impose, Student Association at UWM, is expressly designed to distance groups bearing that name from the impression that they are a formal part of the university or bear any university authority, Rejection of that name reflects rejection of the premise.

~ Comment on Article II: The formula "interests and demands" is intended as a comprmiuse between "interests" detennined paternalistically by representatives, and "demands" arising directly from represented students. "Perfonn or direct other activities" means that the SA is fully authorized to serve any student goals itself or by agreement for services and is not limited

to "advocating" for others to serve student needs. Wisconsin state statute 36.09(5) reads: "TI1e

students of each institution or campus subject to the responsibilities and powers of the board,

the president, the chancellor and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for the formulation and review of policies concerning student life, services and interests. Students in consultation with the chancellor and subject to the final

confirmation of the board shall have the responsibility for the disposition ofthose student fees which constitute substantial support for campus student activities. The students of each institution or campus shall have the right to organize 1hemselves in a manner they determine and to select their representatives to participate in institutional governance."

4 Comment on Section 3.01: The language reflects both the goal of extending student rights to all persons over whom the univernity claims any jurisdiction based on student status and

Wisconsin case law assigning greater legitimacy to student government organizations with "all

students as members.'' SA v. Baum, 74 Wis. 2d283, 246 N.W.2d 622 (1976).

5 Comment on Section 3.02: Wiscoruin state statute 36.05( 11) reads: '"Student' means any person who is registered for study in any institution for the current academic period. For the purpose ofadminister:ing particular programs or functions involving students, the board shall

promulgate rules defining continuation or tenninalion of student status during periods between

academic periods."

Article IV. Officers, Meetings, Bylaws

Section 4.01 Officers

(1) The SA shall have for tls officers a President, Vice President, Secretary, Treasurer, three Election Commissioners, a number of Senators, and a number of Student Court Justices. No individual may simultaneously serve in more than one office. Officers may not delegate the duties of their respective office except as provided herein.

(2) A student enrolled in any class that is offered for academic credit is qualified to serve as an officer or vote in the election of officers until the end of the registration period for the next spring or fall academic term or until temninated pursuant to action under the SA constitution or state statute 36.05(11). The SA may limit by ordinary legislation the applicability of this subsection to any new category of student created by the university administration after its adoption.'

(3) It is the supreme duty of all officers to fight for students' rights, their interests, and their expressed intent to benefit others. The powers of office exerted in the name of students must serve such public ends over private ones. Officers must particularly fight for the recognition and preservation of collective student rights when then they are not observed.

Section 4.02 Meetings Meetings of all SA bodies shall abide by orderly rules. In the absence of a contrary rule having been adopted, the provisions of the most recent edition of Robert's Rules of Order Newly Revised for conduct of meetings shall apply.'

Section 4.03 Bylaws

(1) The SA may odopt bylaws more durable than ordinary legislation but less durable than this constitution.

· (2) The SA shall have only one set of bylaws, which may codify interpretations of this constitution, provide for different operating procedures for different units of the SA, for a code of conduct, or a bill of rights, or commit the SA to durable positions, objectives or programs.'

(3) Any adoption or change in the bylaws may be made only by the following process: (a) Any SA official may bring the proposal to the senate. (b) If the senate approves by a simple majority, the measure will be transmitted to any affected unit of SA and published by the SA with a solicitation for public comment. The president or any affected unit may report on the proposal. (c) Thirty days after publication, the senate may do any of the following: by 2/3 majority vote, adopt or reject the rule unchanged; or by simple majority amend the proposal and resubmit it for comment. (d) This process may repeat as many times as the senate so elects, except that a rule that has had at least two comment periods dies at the end of the annual senate session.

6 Comment on Section 4.01(2): The primary reason for this rule is the college of continuing education, whose 20,000 participants take mostly special non-credit classes, do not pay full

segregated fees, and are thus hold a smaller stake in student interests. ln the past they appear to

not have been ~nsidered SA members, but this is not easily reconciled with the statute.

7 Comment on Section 4.02: See also Section 6.03 particularly regarding meetings of the SA

Senate. Please also note that Robert's Ru1es of Order contains distinct rules for small boards, ordinary assemblies, and mass assemblies.

8 Comment on Paragraph 4.03(2): The SA presently purports to have an ethics code, representative contract, and separate sets of bylaws for the student court, election commission,

and various standing committees and auxiliary units. Some ofthese resemble corutitutions, with effectively redWldant provisions for body's name, enactment and amendment of the bylaws and so on. They were created in various ways with different degree of authority. This

paragraph reflects an intent that the more durable rules for SA governance be gathered into one code all of equal standing and the redundant matter discarded.

Article V. Declaration of Rights'

Section 5.01 Nondelegation. All members have the right to have their

status within the SA determined entirely by the SA itself. The SA may not

delegate through ordinary legislation any decision over the status or

rights of its members, or make membership rights contingent upon a

determination of faculty or administrators. The SA may rely on reports of

the registrar reflecting student enrollment status provided that a member

may appeal the accuracy of such report to the senate.''

Section 5.02 Equality.

(1) Members of the SA shall be presumed equal in all rights set forth in

this constitution, except as otherwise provided or permitted herein.

(2) The SA or its legislation may not make arbitrary distinctions among

members, but may consider a member's ordinary traits rationally related

to a neutral legislative goal.11

(3) The SA may not enact any legislation or bylaw directed at the rights of

a particular individual. 12

(4) No SA officer or agent shall grant preferential or dispreferential

treatment to any member on the basis of a family, business or private

relationship between them or other non-public interest. "

(5) (a) The SA recognizes traits of race, color, ethnicity, national origin,

religion, creed, sex, gender identity, sexual orientation, ability status, age,

genetic information, family status, military or veteran status, arrest or

conviction record, political ideology, private voting history, dietary

practice, physical appearance, and history of having opposed

discrimination based on these traits as subject to varying degrees of

special protection.''

(b) The SA or its legislation may implicate these special traits only

where an especially compelling need exists to take such characteristic

into account. Eligibility for employment or holding of any right or position

with the SA or access to any of its services may not be conditioned on

such traits except where required by law or where the trait is a bona fide

qualification for the holding of a position.

9 Comment on Article V: Historically, SA Constitutions have contained a bill of rights, hut

the effect of such provisions has been more negative than positive. When stated vaguely, such

provisions have the given the student court extraordinary power through their interpretation

!!Ild led to more than one judicial coup. If fixed to the meaning of the state !llld federal

constitutions, they become mostly redundant, because virtually all students are under the

jurisdiction of those constitutions already. !frights are set forth in detail, they become too

inflex1ble and verbose. The goal of this article is to identify and protect meaningful student

interests that might not be covered by existing state or federal law.

1° Comment on Section 5.01: This rule reflects the power of the SA to define the status of its

own members. It means that the SA cannot limit rights based by automatic reference to grade

point average, or automatically on a finding of misconduct by the dean of students. It would

not prevent the SA from making its own parallel determinations considering such information,

so long as the affected student was given the right for the SA to make the final call. There

should be no conflict with the Family Educational Rights and Privacy Act (FERPA) because

even ifFERPA distinguished university officials in the centrnl administration from those in the

student government in tenns of necessary access to student data, the SA could stilt rely on

administrators' review of student enrollment data, so long as students could appeal to the SA

claim the status assigned them in tl1e administration's review was in error.

11 Comment on Paragraph 5.02(2): This sets forth for clarity a basic principle of equal

protection. "Ordinaty traits" are distinguished from the "spe~:ial traits" of paragraph (5).

12 Comment on Paragraph 5.02(3): Some commenter:s have called this the "bill ofattainder

prin~:iple."

13 Comment on Paragraph 5.02(4): This provision singles out a specific application of

paragraph (2) deemed of special importan~:e. Though a video promoting the January 2014

constitution suggests it was designed to prevent nepotism, it has no direct anti-nepotism

provision. This provision reflects concem that nepoti~m, more than other fonns of

arbitrariness, invokes ethical disabilities and serves as a vector for more serious forms of

discrimination as set forth in paragraph (5).

14 Comment on Subparagraph 5.02(S)(a): Some of the special traits herein are granted the

highest degree offedeiallegalprotection (such as race), while others have achieved far more

limited recognition.

(c) Notwithstanding the preceding paragraph, the SA or its

legislation may take into regard such special traits of members in order to

improve diversity of input and participation in any of its programs,

provided that such consideration does not violate state or federal law.

(6) The SA recognizes that legal equality defies succinct description and

invites elaboration by precedent and further codification.

Section 5.03 Due Process.

(1) The rights of members, once granted, to vote in an SA election, hold

an SA officer position, or participate in any SA program or activity, may

not be taken away without due process.

(2) The passage of valid legislation negating a legislatively granted right,

the passage of a bylaw negating a right granted by bylaw, or the passage

of a constitutional amendment negating a constitutional right, constitutes

due process except as applied retroactively to a member or where the

member has already relied upon a granted right to their detriment.

(3) Except as provided in subsection (2) above, due process entails at

minimum: (a) reasonable notice of the proposed action affecting the right,

its basis in fact, its basis in law, and the means by which the member

may contest the action. (b) the right to be heard on the matter, present

evidence, (c) These rights must be provided reasonably in advance of

the action, or if an urgent public interest requires taking of the right

beforehand, as soon thereafter as practicable. (d) If the action seeks to

affect the rights of an individual member in response to wrongdoing by

that member against a public interest, that member has the right to

remain silent, argue through an intermediary, and be presumed innocent

until demonstrated responsible by clear and convincing evidence.

(4) The SA recognizes that legal due process defies succinct description

and invites elaboration by precedent and further codification.

Section 5.04 Speech, Association, and Assembly. SA members have

the right to speak, associate, or assemble, which the University Student

Court may interpret to go beyond the parallel rights granted by the state

and federal constitutions. The SA will not subject its officers to

restrictions on their right to speak, associate, or assemble except as

consistent with state and federal law and necessary to serve a

compelling public purpose.

Article VI. The SA Senate

Section 6.01 Composition The Legislative branch of the SA shall be

called the SA Senate and its members Senators. Unless a higher or

lower number is established by bylaw, the maximum number of senators

shall be 35.

Section 6.02 Term and Election

( 1) Senators shall be elecied at large by all members eligible to vote for

officers, except that the by-laws may provide for apportionment of seats

in a manner that provides equal power to each elector."

(2) A regular election shall be conducted annually in April for each senate

seat. Senators' terms begin on June 1 of each year and run naturally for

one year, except that the by-laws may provide for a minority of senators

to be elected in October to serve yearlong natural terms beginning

December 1. Irrespective of their natural term, senators may continue in

16 Comment on Paragraph 6.02(1): This is extremely flexible to allow experimental forms of

voting. For the particular mechanism that wi!l be used in the first election, see Transitional

Bylaw 6.02.

office until relieved by their elected successor, or may be removed

pursuant to section 6.02(3). 17

(3) A senator may be removed from office either: (a) upon his or her

request, confirmed by a 1/3 vote of the senate; (b) as an automatic

function of repeated absences as set forth in a by-law or ordinary

legislation; or (c) by a 2/3 vote ofthe senate raised on a report by the

University Student Court that the senator has ceased to be eligible for

office or has seriously breached the standards of the office.

(4) The senate by 213 vote may fill a vacancy in its own ranks with an

eligible member to serve until ratified or relieved pursuant to the next

general or special election. No more than five senators shall serve by

internal appointment at any time without having been subject to general

election. 1B

Section 6.03 Sessions and Meetings

(1) Each annual senate session shall begin on June 1, with the Vice

President calling the first meeting as soon as practicable in June. The

senate shall adopt a regular meeting schedule consisting of at least one

meeting in each of the months of June, July, August, December,

January, and May and at least two meetings in each of the remaining

months.

(2) Special meetings may be called in the following manner: (a) the

President may call a special meeting; (b) one third of the senators may

call for a special meeting by petition the secretary.

(3) Senate meetings shall be announced as soon as possible in advance

and comply strictly with Wisconsin open meetings law. At least one hour

of public comment time must be reserved each month at which members

will be entitled to make comments to the body on issues of public

concern.

(4) As further set forth in Article VII, the Vice President of the SA shall

serve as chair of the Senate and have the power to vote in the case of a

tie; and the Secretary of the SA shall be responsible for SA Senate

minutes and agendas.

Section 6.04 Powers and Duties

(1) The SA Senate shall have the power and the duty to consider and

enact appropriate legislation to: (a) serve as the voice of the members by

taking stances on issues of concern to them; (b) direct the executive

branch to pursue particular policy goals and limit the means by which

such goals are to be sough~ (c) govern its own internal organization and

parliamentary procedures and elect internal officers such as speakers

and sergeant at arms such as deemed warranted; (d) create and provide

for the administration of other SA programs and activities; (e) set the SA

budget; (D exercise the power granted to students by law for the

allocation of segregated university fees; (h) ratify or reject contracts

between the SA and any other person or entity, or delegate to the

president the power to enter the SA into a specifically described contract

without need of ratification; or (h) prescribe the dates of special elections

for vacancies in elected positions.

17 Comment on Paragraph 6.02(2): The January 2014 constitution designates five seats to be

elected in October but all seats take office in May. See also Transitional Bylaw 6.02.

18 Comment on Paragraph 6.02(4): The internal election mechanism has been histocically

used to ensure maximum possible representation. Limiting the number of senators so elected is

intended to increase student input by encouraging general elections, and to mitigate the

potential problem of a senate JJU\iority party using internal elections to solidify control.

(2) In support of its legislative power, the Senate and its committees may

hold appropriate hearings and inquiries.

(3) Legislation subject to the president's veto authority shall not come

into effect until signed, or until the time for veto has expired without a

veto, or the senate receives the veto and votes by a 2/3 majority to

override such veto.

(4) The SA Senate shall have only the powers specified in this

constitution to: (a) Internally elect its own members or remove officers (in

accordance with sections 6.02, 7.06, and 8.05); (b) Transmit and publish,

and ratify, amend, or reject proposed bylaws (in accordance with section

4.03(3)); and (c) approve or reject the appointments of other officers and

positionholders (in accordance with sections 7.03, 7.04, 8.02 and 10.03).

These powers stand in addition to ordinary legislative powers and are not

subject to veto.

Article VII. Executive Branch

Section 7.01 President

( 1) The Executive branch of the SA shall be led by a President elected

annually In April by all members eligible to vote for officers, to a term

beginning on June 1 and running naturally for one year. Irrespective of

the natural term, a president may continue in office until relieved by his or

her elected successor, or may be removed pursuant to section 7 .06.

(2) The SA President shall have the power and the duty to: (a) serve as

the personal representative of the SA in private meetings, public

appearances, and any delegations to external organizations in which he

or she participates, articulating the positions of the SA consistent with

what the Senate has set forth; (b) serve as the signatory of the SA in

correspondence, public declarations, and legal documents; (c) direct and

oversee the fulfillment of SA legislation as charged by the Senate; (d)

report to the senate on the progress of SA goals and propose legislation

to aid in their advancement; (e) promptly challenge any attempted

rejection by the chancellor of official SA actions, especially including

studentfee decisions, and preserve all rights to appeal to the chancellor,

regents, and the courts; (D make or delegate the making of all day to day

decisions as required by legislation or, subject to subsequent ratification

or rejection by the senate, by bona fide emergency jeopardizing student

interests; (g) issue such executive orders as necessary and proper to

further the goals of the Student Association; subject to any restrictions in

bylaw; (h) appoint other officers and positionholders in accordance with

sections 7.03, 7.04, 8.02 and 10.03; (i) transmit all final segregated

university fee decisions to the Chancellor and the UW-System Board of

Regents; and G) perform the duties assigned to the president pursuant to

section 7.05.

(3) The SA President shall have the power to sign or veto legislation

approved by the senate under section 6.04(1) except for that undertaken

pursuant to subparagraphs (c) or (g). To be valid, the veto must be

exercised and transmitted back to the senate within seven calendar days

after the bill is first transmitted from the senate.

Section 7.02 Vice President

(1) The Executive branch of the SA shall include a Vice President elected

annually in April by all members eligible to vote for officers, to a term

beginning on1June 1 and running naturally for one year. Irrespective of

the natural term, a vice president may continue in office until relieved by

his or her elected successor, or may be removed pursuant to section

7.06.

(2) The Vice President shall: (a) preside over meetings of the SA senate,

voting only in cases of a tie; (b) perform such duties of the president as

the president may delegate; (c) succeed to the position of president upon the president's removal; and (d) pertonm the duties assigned to the vice

president pursuant to section 7.05.

Section 7.03 Secretary

( 1) The SA shall have a secretary, appointed by the president within 60 days of a vacancy to a term running naturally through the following June 1. Irrespective of the natural term, a secretary may continue in office until relieved by his or her successor, or may be removed pursuant to section 7.06. Appointments take effect after confirmation by a 213 vote of the senate. The senate may make and confinm its own appointment if the president fails to timely make an appointment.

(2) The secretary shall: (a) atlend and record audiovisually all meetings of the SA senate as its principal note-taker and parliamentary advisor; (b) receive proposed agenda items and develop, publish and distribute the agendas, proposed bills and supporting materials for all SA senate meetings; (c) prepare, publish and maintain the minutes of all SA senate meetings; (d) provide public notice of all meetings of the SA senate and any other units of the SA requesting such service; (e) transmit all legislation or other formal actions, vetoes, and reports, among the units of the SA, within 24 hours of their taking place, and publish same as soon as practical after redaction of any confidential matler, with solicitation of public comment, (fj maintain the nonfinancial records of the

SA and respond to all requests for inspection or copying of all SA

records; and (g) pertorm the duties assigned to the secretary pursuant to section 7.05.

Section 7.04 Treasurer

(1) The SA shall have a treasurer, appointed by the president within 60 days of a vacancy to a term running naturally through the following June 1. Irrespective ofthe natural term, a treasurer may continue in office until

relieved by his or her successor, or may be removed pursuant to section 7.06. Appointments take effect after confirmation by a 2/3 vote of the senate. The senate may make and confirm its own appointment if the

· president fails to timely make an appointment.

(2) The treasurer shall: (a) maintain the financial records of the SA, which duty the treasurer may delegate in whole or part but must carefully oversee; (b) report to the president and the senate on the state of SA

finances, research financial options, and make recommendations on financial questions; (c) serve as signatory for authorized disbursements of student monies;" and (d) pertorm the duties assigned to the treasurer pursuant to section 7.05.

Section 7.05 Other Duties The members of the executive branch may be assigned additional duties through the bylaws, including the requirement to serve specified quantities of weekly office hours.

Section 7.06 Removal of Executive Officers An executive officer may be removed from office either: (a) upon his or her request, confirmed by a 1/3 vote of the senate; (b) as an automatic function of repeated absences as setforth in a by-law or ordinary legislation; or (c) by a 213 vote of the

senate raised on a report by the University Student Court that the officer has ceased to be eligible for office or has seriously breached the standards ofthe office.

Section 7.07 Succession The SA may enact legislation determining succession rules in the event of multiple simultaneous vacancies. In

19 Comment on Paragraph 7.04(2): The language is intentionally general to avoid either

endorsement of or conflict with any state or institutional policies that might require another

person serve as the ultimate signatory for certain accounts after the SA directs a release of

funds. By not asserting that the treasurer must be the exclusive signer, the option of multiple

signatories is also left open.

absence thereof, the president shall be succeeded in order by the vice president, secretary, and members of the senate in order of seniority and

vote count in the last election; and the chief justice shall be succeeded by other justices in order of seniority.

Article VIII. University Student Court"

Section 8.01 Composition The Student Court shall consist of five Justices: a Chief Justice and Four Associate Justices.

Section 8.02 Term and Appointment Justices shall be appointed by the president within 60 days of a vacancy and serve a term of two years, up to a maximum of two consecutive terms. Appointments take effect after confirmation by a 213 vote of the senate. The senate may make and

confirm its own appointment if the president fails to timely forward a nomination. Notwithstanding the foregoing, whenever three justices have been appointed with more than 1 8 months remaining on their terms, subsequent appointments shall be for terms of one year.

Section 8.03 Chief Justice The Chief Justice, except where it is necessary for him or her to delegate to another justice for reasons of unavailability, shall preside over all business meetings of the court and all sessions of the parking tribunal, issue any subpoenas for the court, and appoint all staff and subsidiary positions of the court.

Section 8.04 Duties

(1) The court shall: (a) provide for its internal organization within the bounds set by the SA constitution, bylaws, and legislation; (b) maintain copies of its past decisions for public reference; (c) report to the senate its recommendations for improvement in the clarity, consistency, and effectiveness of its laws.

(2) The court shall hear cases over which it has jurisdiction by the whole court or a panel of three, and reject all cases over which it has no jurisdiction. Jurisdiction extends only to (a) advisory interpretations of SA

law made upon request of an officer; (b) oversight of on-campus parking appeals; (c) decision on questions referred to it by third parties, binding only against those parties, if the court agrees to the jurisdiction; (d) trial or voluntary mediation of civil disputes among SA members, SA units

other than the student court, student organizations where the parties have a genuine interest in the controversy, and-or other entities supported by student segregated university fees; (e) report on the eligibility and fitness of SA officers and positionholders as directed by law after providing due process to any SA member suspected or accused of

ineligibility or unfitness.

(3) (a) The civil jurisdiction of the court includes the power to rule on the outcomes of election disputes, or suspend the implementation of, limit

the application off, or ultimately overturn, the putative official acts of other SA units where those units have exceeded their authority. (b) Such power is not plenary and must be exercised reasonably and in accordance with the constitution, bylaws, and standards of statutory interpretation and stare decisis used in Wisconsin courts. (c) In the event of a crisis where the affected unit refuses to abide by a court order on the

basis of its exceeding the court's authority of this section, or a candidate supported by at least two percent of the members rejects a finding by the court denying the candidate office for such reason, or where the senate finds that a court decision affects the public interest and has no reasonable basis in law, the status quo ante shall be preserved while the matler is submitted to binding arbitration by an external arbiter unassociated with any UW campus administration. The arbiter may be

20 See Transitional Law 8.01.

des~nated by legislation, but such selection shall not be effective for a

dispute already commenced at the time of such legislation's passage."

(4) The justices may be assigned additional duties through the bylaws,

including the requirement to serve specified quantities of weekly office

hours.

Section 8.05 Removal of Judicial Officers A justice may be removed

from office either: (a) upon his or her request, confirmed by a 1/3 vote of

the senate; (b) as an automatic function of repeated absences as set

forth in a by-law or ordinary legislation; (c) by a 2/3 vote of the senate

raised on a report by the University Student Court that the justice has

ceased to be eligible for office or has seriously breached the standards of

the office; or (d) automatically when the justice is found in arbitration

under section 8.04(3) to have exceeded the powers of office."

Article IX. Associated and Subsidiary Units

Section 9.01 Shared Governance Committees

( 1) The SA shall oversee the appointment of all students to university

shared governance committees. All students who are eligible electors in

SA elections are eligible for service on any committee, except as

determined pursuant to paragraph (3)(d) below.

(2) The SA shall initiate the development of new University shared

governance committees as needed to make decisions regarding student

life, services and interests; such committees shall have a preponderance

of students.

(3) Students may be appointed by any of the processes described in this

section:

(a) The SA shall designate an executive officer to make all initial

appointments. The appointee shall enter service immediately but the SA

senate may by majority vote within 30 days reject the appointment.

Actions of a proper appointee are not affected by subsequent rejection.

(b) If the executive officer is designated to make appointments under (a)

and fails to make a timely appointment, either that officer or the senate

by majority vote may then make such appointment. If both authorities so

act, earlier appointments shall have priority over later ones.

(c) The SA may, using any process described in this section, designate

more members of a shared governance committee than there are seats

available. Members designated in excess of the allowed student

membership of a committee shall serve as alternates upon the

unavailability of one or more higher-priority student members of a

committee.

(d) An appointed student member of a committee, in the event of an

emergency and subject to the consent of that committee, may appoint

their own proxy. A proxy is inferior in priority to all designated members

and alternates and is bound to any written instructions from the

appointing student.

21 Comment on Paragraph 8.04(3): This might seem like a response to recent events but it is

also in response to repeated constitutional crises which the SA has encountered for decades.

This section does not create a "super-appeal" ofUSC decisions except under rare

circumstances where the court appears to act beyond its powers and thus generate a crisis

between different branches of government. In ordinary cases, where the interest affected is

private or the court simply makes a reasonable error, its decision is final.

21 Comment on Section 8.05: The removal of justices has been a thorny issue in the case of

serious constitutional crises: justices have historically acted as one, so that trusting the court to

self-police tends to be ineffective. Impeachment by the senate has resulted in the past in the

court declaring the impeachment unlawful. The January 2014 constitution attempts to rely on

joint executive-legislative action, but this would allow the court to corruptly perpetuate an

incumbent party. The solution here is to trust the court in the ordinary case. Two provisions

back this up in event of fuilure: fi.rst, if judicial corruption reaches the point of crisis, an

external arbitrator may effuctively remove them; second, justices are made subject to popular

recall under section 10.04(3).

(e) The SA, in pursuit of maximum student representation, may agree to

specific qualifications and means of selection decided within the shared

governance process for some or all of the student members of particular

committees (such as that an SA official be seated by virtue of office, or

be chosen from among a particular group of stakeholders). Under this

paragraph, responsibility for appointment may be delegated to a student

entity as described in section 9.02. Once so agreed, the SA may

withdraw ils agreement by ordinary legislation.

(4) Designated student members of shared governance committees are

expected to report to the SA Senate the actions of their respective

committees and vote in those committees in a manner consistent with SA

policy. Members may be reduced to alternate status, removed, or barred

from further service on a committee upon a 2/3 vote of the senate.

Section 9.02 Student Organizations The SA shall oversee the

recognition and support of student organizations. The SA may recognize

or not recognize other organizations that aspire to a role in institutional

governance. In the event of a conftict in positions between such

organization and the SA, the SA's position shall be paramount. No such

organization shall elect its members from among the whole of eligible SA

electors.

Section 9.03 Staff and Advisors

(1) Because it is in the interests of students to preserve continuity and

institutional memory, the SA may appoint one or more persons to serve

as counselors or advisors who need not be students. No legislation or

order may devolve power or authority to such persons other than to

advise or assist upon request of an officer, and no such person may

serve who owes any duty of loyalty to the UWM administration.

(2) To assist the work of the SA, it may recruit and retain volunteers or

paid staff. Each such person shall report exclusively to an SA officer

designated as his or her supervisor. The process for attracting and

selecting such persons shall be student-controlled, public, transparent,

and provide equal opportunity for all applicants, along with any such

affirmative action as legally permitted. The SA may by legislation identify

a standing committee or commission to review applicants or volunteers.

The use of such process is encouraged but not required for the vetting of

all potential political appointments.

Article X. Elections

Section 10.1 Scope. Those elections of officers called for by this

constitution, or conducted pursuant to its provisions for amendment,

referendum or recall, shall be governed by this article. These provisions

do not apply to internal elections by SA governing units, such as the

election by the senate of its own officers.

Section 10.2 Ideals.

(1) Elections under this article shall be pertormed by secure, secret

ballot, by a process providing for reasonable notice and access to all

electors, reasonable conditions of fairness and equality among voters,

wide freedom to campaign, and overall transparency.

(2) Freedom to campaign means the right of advocates for or against any

party, candidate or referendum option to address voters by any means

and effectively communicate their positions, subject only to restrictions

narrowly drawn to serve a compelling interest; generally this should

permit all campaigning that does not: (a) harass persons that ask to be

left alone, (b) include bribery or threats, (c) rely on partisan access to

public funding or resources; (d) operate by censoring or blocking other

campaigners' messages rather than by counterspeech; or (e) rely upon

violations of laws of general application such as those against

trespassing or endangering safety.

(3) An election shall be deemed to comply with this section if it

substantially adheres to a published process that reasonably meets

these standards.

Section 10.3 Election Commission; Election Complaints

(1) Elections shall be administered by an Independent Election

Commission consisting of three students designated as a chief

commissioner and two deputy commissioners appointed and confirmed

by 2/3 vote of the senate. No election commissioner or University

Student Court Justice can run as a candidate in any election they

oversee or administer. The most senior commissioner shall be the chief.

Commissioners' natural terms shall be for three years and shall be

staggered. Primary power to appoint commissioners shall rest with the

president, but no president shall appoint more than one sitting

commissioner. If additional vacancies occur, remaining appointments

shall be made in alternation between the senior senators representing

the top two political parties in order of total senate representation. 23

(2) The duties of the commission shall be: (a) to organize the election

according to any rules established by constitution, bylaws, or legislation;

(b) to recommend rules and standards to the senate and president that

may be beneficial in future elections; (c) to oversee all audits of

nomination signatures, (d) confirm and publish lists of all registered

parties and candidates; (e) oversee policing of all rules against improper

campaigning; and (D to announce election results.

(3) The commission shall act promptly on complaints of violations of

. campaigning or other election rules. Its primary goals in so doing will be

to prevent further violations and to offset any illicitly acquired advantages

so that the election will remain as fair as possible. All parties are entitled

to a fair hearing. No party shall be sanctioned to an extent greater than

necessary to offset an illicitly acquired advantage unless there is clear

and convincing proof that the party or candidate advantaged by a

violation was directly responsible for the violation through its own

intentional or reckless violation of the rules.

( 4) Sanctions may include cancellation of votes garnered by fraud or

threat, or in the extreme case, disqualification of a candidate. Any case

that might change the election outcome shall be resolved within 7

calendar days of the end of voting. Such decision is automatically

appealed to the University Student Court, which has 30 days to uphold,

modify, or reject the IEC ruling. The Court must liberally accept offers of

new evidence prior to a decision. Nondecision after 30 days is deemed a

rejection of the appeal.

Section 10.41nitiative, Referendum, and Recall

( 1) The signatures of five percent of SA members shall be sufficient to

introduce a measure to the senate. (a) If proposed as non-referendum

ordinary legislation, the measure will become effective unless legislation

to reject it is approved through the ordinary legislative process, or unless

it is returned to the student body as a referendum. (b) If proposed as a

non-referendum bylaw, a completed petition shall have the same effect

as initial passage by the senate under section 4.03(3)(b). (c) If proposed

for referendum, whether for nonbinding input or as ordinary legislation,

bylaw, or constitutional amendment, a completed petition will shall have

the same effect as the senate's placing the measure before the members

in paragraph (2) of this section .

.n Comment on Section 10.3(1): Appointment authority is intentionally diffused to mitigate

the influence ofthe sitting government over the process for determining its successor. The

January 2014 constitution Seeks the same goal by placing non·students on the commission.

This Constitution views that as an extreme solution that undermines self:.detennination of the

students and places the administration in the position to influence or even halt student

elections. Past student officials have usually demonstrated honesty and public spiritedness.

That, combined with the Madisonian division of power and recotmle to arbitration in the most

extreme cases, should be sufficient

(2) The senate may place a measure before the members of the SA in a

referendum. If the referendum seeks nonbinding input on a proposed

measure, the required vote shall be a simple majority. In all other cases,

a 2/3 majority is required. Before a bylaw or constitutional amendment is

submitted for referendum, it must go through either the bylaw notice

process of section 4.03(3) or the initiative process of section 10.04(1).

(3) Any officer, having served at least four months in office, is subject to

recall upon the petition of as many constituent electors as had voted to

put the officer in office, or in the case of an appointed octicer, five percent

of SA members eligible to vote. After a sufficient petition, a special

election must be held within 30 days for the position. In the case of non- .

elected officer, the election shall be between retaining the officer, or

removing them for a period of one year, opening the position for

reappointment.

Article XI. Ratification, Amendmen~ and Initial Application

Section 11.01 Ratification This Constitution shall become the supreme

law of the SA, replacing all other constitutions, immediately upon petition

for its adoption by one percent of the student body, unless subsequently

rejected in a fair up or down referendum of the whole student body."

Section 11.02 Amendment This Constitution may be amended or

replaced only by the process stated in section 1 0.4.

Section 11.03 Severability If any provision of this constitution should be

found in violation of state or federal law, the remainder shall stand,

except where the operation of one section without the operation of

another would produce an absurd result, or where the SA has specified

the nonseverability of provisions by legislation.

Section 11.041nitial Legislation and Bylaws Upon passage of this

constitution, all actions taken in the name of the student body from May

1, 2013 onward, other than distributions of program funds to registered

student organizations and continuation of annually approved programs,

are declared null and void. Legislation made prior to that date is restored

or continued in force. All prior bylaws are indefinitely suspended.

Segregated fee allocations for the pending fiscal year are provisionally

set to last year's levels. A special interim election commission consisting

of UWM Academic Staff member and Senior Lecturer of Computer

Science"' Paul McNally is appointed to oversee initial elections for all

generally elected Student Association officers. Mr. McNally has

previously impartially overseen Student Association elections and we, as

students, feel he will independently and impartially uphold the tenants of

a legitimate and fair election. For the purposes of the spring 2014

Student Association election all rules/campaign sheets/announcements

shall be posted publicly in the UWM Student Union and request-able by

email at: macatck@uwm.edu. The following Transitional Laws and

Bylaws provisions will also come into or remain in force with the status of

bylaws or ordinary legislation as so designated herein:

24 Comment on Section 11.01: The adoption threshold is unusually \o\1 because the

constitution which this document would replace has the legitimacy of less titan 250 students

having voted for it. It is however anticipated that its adoption will gamer much broader

support.

2.1 *For informative purposes only.

/)1-

Transitional Laws and Bylaws

Transitional Bylaw 4.03 (1) Officers and other holders of SA-elected or -appointed positions should seek to exemplify the highest standards of service and must at minimum: (a) serve office hours as required by bylaw, and attend and observe proper decorum at all meetings of any body to which they have been elected or appointed by the SA, except where sound reasons justify an absence or indecorum; (b) preserve confidences concerning information to which they are exposed by virtue of office; (c) use the powers and resources of office only forthe public interest and disclose any potential confiict of interest before voting or acting on an issue of real or apparent confiicl; and (d) adhere to SA rules and refrain from prohibited or scandalous conduct suggesting an unfitness for service.

(2) Serious breach of the above standards may b~ subject to a warning or appropriate penalty up through and including removal from office pursuant to subparagraphs 6.04(4)(a) and 8.04(2)(e) of the SA constitution and its legislation elaborating these functions.

Transitional Bylaw 6.02: (a) Elections for the positions of Student Association President and Vice President, and the Student Association Senate seats shall be held before the end of the spring 2014 semester in accordance with this document and the new constitution. (b) In the 2014 spring regular election, senate seats will be apportioned, based on spring 2014 enrollment, as follows: 8 from the College of Letters and Sciences (Including AOC and Global Studies), 3 from the School of Business; 2 from Health Sciences; 1 each from Education, Arts, Engineering and Applied Science, Social Welfare, Nursing, Information Studies, and Architecture and Urban Planning; 4 from the Graduate School and 7 at­large. (c) Four seats of the SA senate shall be set aside for the October election of senators representing and elected by those eligible members who have not yet attained sophomore standing; for 2014 only, a special election for these seats will be held coinciding with the regular election, but for half-terms ending November 30.

Transitional Law 8.01:

(1) Chapters five through eleven of the bylaws of the university student court as revised through October 2011, in SA document SB1112-022 are adopted with the status of ordinary legislation. Stray cross references are to be resolved as follows: the reference in 7.11.1 to "per section 13.2" is struck; the reference in 7.12.3 to "9.5a through 9.9b" is corrected to read "7.5.1 to 7.9.2"; the reference in 10.1 to "11.4" is corrected to read "1 0.4"; and all references to 2.0 shall refer instead to paragraph 8.04(2) of this constitution.2s

Transitional Law 10.03:

(1) Articles four through seven of the bylaws of the independent election commission as revised through July 2012, in SA document SB1112-011, except for the references in paragraph IV:1.A-B. to "as described in Article II, Section 3, D, of these bylaws" and "online", paragraphs IV:1.C. and IV:2.C, all of paragraphs IV:3; and VII:1.D, the last two sentences of IV:2.D, paragraph V:4, amending IV:2.A to read: "Student Association Elections will be held a consecutive Tuesday, Wednesday, and Thursday of April and/or May. If polling is online, polling will open at 12:01 am on Tuesday, and will conclude on 11 :59pm on Thursday. If polling is paper,

:u; Comment on Initial Law 8.01: The longer sections ofthe USC Bylaws, principally

reflecting civil and parking tnbunal procedures are preserved but with reduced status, because

they are not very good and should be improved before becoming too hard to fix. Nevertheless,

they have been in place for decades, relatively unchanged, and have proven to work

adequately most of the time. The remaining sections are either redundant to the provisions of

the Constitution, or rea!ly bad. Additionally, the old bylaws lack similarly developed rules for

mediation or reporting on the fitness of officers.

then it shall be held for the same duration of days, except conforming to the business hours of the UWM Student Union (unless the IEC has a compelling reason to schedule otherwise). The Commission shall announce election results within 24 hours of polls closing." and amending IV:2.B. to read "Signature sheets will be made available publicly in the UWM Student Union on the bulletin board outside EG79 and directly by email from the IEC Paul McNally (macatck@uwm.edu) within 24 hours of the passage of this constitutional referendum." And amending IV:2.F. to read: "After this one-week period, the Commission shall post a list of all candidates that obtained the requisite number of valid signatures." And amending V:2.A-D. to only require 20 signatures to be included on the ballot; are thus adopted with the status of ordinary legislation." (2) V:1.A. of the bylaws of the independent election commission shall have the same interpretation as Article Ill in the new constitution. (3) Exact scanned electronic facsimile of the signatures for the 2014 spring regular election shall be due directly by email to the IEC Paul McNally (macatck@uwm.edu) two weeks before the election date. (4) The IEC may amend or change any of the rules in this section and their applicability, if a compelling need exists for the purposes of the 2014 spring regular election. Such amendments or changes shall always be construed in a way that maximizes student participation and upholds the fairness of the election.

17 Comment on Initial Law 10.01: The longer sections of the IEC Bylaws, principally reflecting election procedures are preserved but with reduced status, because they are not very

good and should be improved before becoming too hard to fix. Nevertheless, they have been in

place for decades, relatively unchanged, and have proven to work adequately most of the time.

The remaining sections are either redundant to the provisions of the Constitution, or really bad.

The choice was made to adapt old IEC bylaws rather than those putatively adopted by the

interim SA in December 2013 because those provisions are both untested and nearly all in

conflict with the principles of this constitution, especially as they largely cede student control

of elections to administrntors and other non-students.

Qualtrics Survey Software https://new.qualtrics.com/ControJPanel/ Ajax. php?action~GetSurvey ...

I, as an enrolled University of Wisconsin- Milwaukee (UWM) Student, per Wis. Stat. 36.09(5);

(1) Have no confidence in, declare that I am not represented by, and do not recognize: the "Board of Trustees", the University Student Court that created it, any subsidiary bodies under them, and any officials therein;

(2) Do not approve of my segregated university fees (SUF) being used by or paid to: the "Board of Trustees", the University Student Court that created it, any subsidiary bodies under them, the Student Association Professional Staff [SAPS] Office, and any officials therein said bodies/entities;

(3) Have no confidence in the legitimacy of, declare that I am not represented by, and do not recognize: the Board of Trustee's 'Student Association Constitution';

(4) Do not recognize any actions of the "Board of Trustees" and the University Student Court d/b/a Student Association (starting on May 23, 2013), including the segregated· university fees (SUF) allocations done by them (other than distributions of program funds to registered student organizations and continuation of annually approved programs), I recognize the status quo ante allocations approved by the Student Association in Spring 2013 (including the $0 allocation of the Student Association Professional Staff [SAPS] Office) and approve of those status quo ante allocations applying for the 2014-2015 academic year;

(5) Assert my statutory right under Wis. Stat. 36.09(5) to be organized, solely, under the UWM Student Association Constitution found above and to select my representatives under said Constitution and the attached Transitional Bylaws;

(6) I recognize the above Constitution as the sole UWM Student Association Constitution, I recognize said Transiti9nal Bylaws as the interim guidelines governing the 2014-2015 Student Association Elections, and chose to organize and select my representatives as such.

Yes

No

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