Article X: Removal from Office

Section 1 – Recall

An elected official’s constituency shall have the right to recall that official.

  1. A petition signed by fifteen percent of an elected official’s total constituency shall mandate a recall vote.
  2. This petition shall be submitted in person to the Secretary, who will be charged with certifying the petition. If the recall petition is with respect to the Secretary, this responsibility shall shift to the President.
  3. Once a recall petition is certified, a vote for recall shall then be held for that official whose name appears on the petition. This vote shall take place within ten academic days of certification of the petition. The official shall be recalled if they receive at least ⅔ (two-thirds) of the numbers of votes they received when elected in favor of a recall. These votes must all be from the offical’s constituency.

Section 2 – Impeachment

It shall be the right of the Senate to impeach any elected Union Government official for breach of his/her constitutional duties. Impeachment proceedings must be in accordance with the instructions outlined in the bylaws.

  1. A ⅔ (two-thirds) vote of the Senate is required to impeach an elected Union Government official.
  2. A motion to impeach shall levy specific charges, in writing, against the elected official in question.
  3. Upon a successful Senate vote to impeach, the official in question shall be notified by the Secretary and given five academic days from the time of notification to prepare for a case before the Judiciary. In the event the official in question is the Secretary, the responsibility of notification shall shift to the President.
  4. The Judiciary shall hear the case and try the official for such breach of constitutional duties no less than five and no more than ten academic days from the time the official in question was notified.
  5. The Union Government official shall be removed if the Judiciary finds him/her guilty of the breach of constitutional duty that was specified by the Senate.

Section 3 – Appointed Position Removal from Office

Any individual holding an appointed Union Executive Office or position of Union representation may be removed by a ⅔ (two-thirds) vote of the Senate. Such a vote shall be announced at a meeting of the Senate and the actual vote shall take place at the next regularly scheduled Senate meeting.

Section 4 – Initial Proceedings after Breach of Duties or other Issues Arise

It shall be the right of the appropriate Branch Head(s) to begin proceedings for lesser forms of official sanction when a breach of official constitutional duties has occurred.. These proceedings can also be implemented partially or fully when other issues arise.

  • Meetings between the appropriate Branch Head(s) and the Union Governmental official(s) at issue with at least one member of the Judiciary Board present must occur soon after the issue arises. 
  • The Branch Head(s) and Union Governmental official(s) shall discuss the issue at hand and clarify any misunderstandings with the members of the Judiciary Board particularly as to the facts at play and the constitutional duties at issue.
  • Depending on the severity of the breach and the circumstances of the occurrence, the Branch Head(s) and Judiciary Board member will decide how to proceed whether through mediation, supervision, involving other members of the Student Union, or through a variety of sanctions or remediation. The Judiciary Board member shall consult with the rest of the Judiciary on this decision in cases. 
  • The Branch Head(s) and Judiciary Board member shall notify other parts of the Student Union of the planned proceedings and the rationale behind that choice.

Section 5 – Censure

The Senate shall have the power to censure any Student Union official. The censured official shall appear before the Senate and have the Articles of Censure read to them. A ⅔ (two-thirds) majority vote of the Senate is required for censure. Censures may be appealed to the Judiciary Branch no more than seven days after the Articles of Censure are adopted by the Senate.

 

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