No.

16-005

IN THE

Supreme Court of Saginaw Valley

______

BRYAN THUMME,
______

Petitioner

PETITION FOR A WRIT OF CERTIORARI

QUESTIONS PRESENTED
Is the Association required to replace Representatives who
leave office before their term is completed?
Who has the power to accept the resignations of Association
officers? Who has the power to accept the resignations of
Association Representatives?
If the Association chooses to not formally accept a
resignation, is it considered accepted automatically? Does a
member who has submitted a letter-of-resignation have the
right to rescind the letter before its effective date?

LEGAL ARGUMENT
Article I, Section 7, Subsection 2 of the Charter states: In
the event that a representative is unable or unwilling to fulfill
his or her duties, the Association shall elect a new member
from the student body of Saginaw Valley State University.
Emphasis added. The word shall requires the association to
perform the duties prescribed in the clause.
Generally speaking, a resignation is a two-part act, with 1.)
tendering; and 2.) acceptance.
Because officers serve the Associations Executive Branch
(Bylaws, Article I, Section 3, 1.3.5), the President may accept
the resignation of Association officers. Likewise, because
Representatives serve the Legislative Branch (Bylaws, Article
I, Section 2, 1.2.6), the Association may accept the resignation
of a Representative.
CONCLUSION
The petition should be granted.
Respectfully submitted,
BRYAN THUMME
April 8, 2016