No.

16-009

IN THE

Supreme Court of Saginaw Valley

______

BRYAN THUMME,
______

Petitioner

PETITION TO CERTIFY A QUESTION

QUESTION PRESENTED
Does Article IV, 4, 4.4.1 of the Bylaws violate Article I 7,
Subsection 2 of the Charter and established case law? See: In
re Office Vacancies and Resignations, 16-005 (2016).
Does Article IV, 4, 4.4.5 of the Bylaws violate Article I 7,
Subsection 2 of the Charter and established case law? See: In
re Office Vacancies and Resignations, 16-005 (2016).

LEGAL ARGUMENT
Article I 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.
In re Office Vacancies and Resignations, 16-005 (2016)
established that, because of the language in Article I 7,
Subsection 2 of the Charter, the Association is required to
replace Representatives who leave office before their term is
completed. A Representative who is removed from office via
the review process constitutes leav[ing] office before [his] term
is completed.
Article IV, 4, 4.4.1 of the Bylaws states: At the time of
resignation or removal, at the discretion of the Association,
(emphasis added) the position shall be posted for ten business
days and applications shall be received from interested
members of the student body. By including the phrase at
the discretion of the Association, Article IV, 4, 4.4.1 of
the Bylaws violates the Charter and explicitly disrespects
established case law from this Court.
Article IV, 4, 4.4.5 of the Bylaws states: This replacement
process shall take place within 20 business days.
Article IV, 4, 4.4.5 of the Bylaws violates the Charter
by giving the Association an avenue to violate Article I 7,
Subsection 2 of the Charter (by simply taking no action within
20 days).
The Supreme Court of Saginaw Valley should invalidate
Article IV, 4, 4.4.1 and Article IV, 4, 4.4.5 of the Bylaws on
the basis that they violate the Charter and established case
law.

CONCLUSION AND CERTIFICATION

The petition should be granted. I certify that this filing is
submitted in good faith and that I am the named person below,
pursuant to this Courts rule 1.9.
Respectfully submitted,
BRYAN THUMME
July 9, 2016