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Specimen Certificate to UNR President on ASUN Constitutional Amendment_rev 2010-03-19

Specimen Certificate to UNR President on ASUN Constitutional Amendment_rev 2010-03-19

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Published by: Vis Lupi Est Grex on Mar 20, 2010
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03/19/2010

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COMMISSION ON ASSOCIATION ELECTIONSASSOCIATED STUDENTS OF THEUNIVERSITY OF NEVADATO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:KNOW YE, That the Senate of the Associated Students, at itsSeventy-Fifth Session, held in Reno, Nevada, on the twentieth day ofFebruary, in the year two thousand and eight, passed the following resolutionto amend the Constitution of the Associated Students, in the following wordsand figures, to wit:
Resolved by the Senate of the Associated Students (two-thirdsconcurring therein)
, That the following is proposed as anamendment to the Constitution of the Associated Students of theUniversity of Nevada, which shall be valid to all intents andpurposes as part of the Constitution when ratified by two-thirdsof those voting in the ASUN general election, and approved bythe Board of Regents of the Nevada System of Higher Education:Strike Article III, section 4(a) and insert in lieu thereof thefollowing:
“(a) The President, Vice President
, and all other executiveofficers of the Associated Students shall be removed from officeon impeachment for, and conviction of, any of the followingoffenses:
“(1) Malfeasance, which is a wrongful act which the
officer has no legal right to do; any wrongful conduct whichaffects, interrupts or interferes with the performance of
 
official duty; or an act for which there is no authority orwarrant of law.
“(2) Misfeasance, which is the performance of a legal act
in an improper manner.
“(3) Nonfeasance, which is failure to perform an act
which ought to be done; or the failure to perform the powersand du
ties of office.”
 Strike Article IV, section 4(a) and insert in lieu thereof thefollowing:
“(a) The justices s
hall be removed from office onimpeachment of, and conviction of, any of the following offenses:
“(1) Malfeasance, which is a wrongful act which the
justice has no legal right to do; any wrongful conduct whichaffects, interrupts or interferes with the performance ofofficial duty; or an act for which there is no authority orwarrant of law.
“(2) Misfeasance, which is the performance of a legal act
in an improper manner.
“(3) Nonfeasance, which is failure to perform an act
which ought to be done; or the failure to perform the powersand du
ties of office.”
 And, further, that section 3(a) of the Constitutional Amendments ProcedureAct of 2008 (ASUN Public Law 75
40; 75 ASUN Stat. 113) provides thatwhenever an amendment to the Constitution of the Associated Students hasbeen ratified by the membership of the Association, pursuant to the provisionsof Article V of the Constitution of the Associated Students, that the Chair of
 
the Commission on Association Elections shall forthwith certify to thePresident of the University that the amendment was ratified pursuant to theprovisions of the Constitution of the Associated Students.And, further, that section 3(b) of the Act aforesaid requires the Chair of theCommission on Association Elections to cause to be filed with the Secretary ofthe Senate of the Associated Students, the Archivist of the AssociatedStudents, and the President of the Associated Students a duplicate of thecertificate as provided for in section 3(a) of the Act aforesaid.And, further, that it appears from the Official Certificate of Results, madeeffective on April 16, 2008, by virtue of being read into the Minutes of theSenate of the Associated Students on that day, that the Amendment to theConstitution of the Associated Students proposed as aforesaid has beenratified by the students voting in an election held on March 12 and 13, 2008, inwhich 1,289 students voted on the Amendment and 860 voted in theaffirmative to ratify the Amendment.And, further, that the vote of the students in the election constitutes therequisite two-thirds majority of the students voting in an election on thatquestion to ratify the Amendment.And, further, it appears that previous two individuals who held the office ofChair of the Commission on Association Elections failed to carry out thestatutory duties imposed upon that office by the Act aforesaid. Thus, it nowfalls on the incumbent to execute the statutory duties.

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