No.

16-009

Opinion of the Court

NOTICE: The Supreme Court of Saginaw Valley is not a court of law
and its members do not practice law, are not lawyers, and are not
licensed to practice law in the state of Michigan. Those seeking legal
advice should contact the State Bar of Michigan, 306 Townsend Street,
Lansing, Michigan 48933-2012, or visit: http://www.michbar.org.

SUPREME COURT OF SAGINAW VALLEY

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No. 16-009
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In re REPLACING REPRESENTATIVES
ON CERTIFIED QUESTION FROM BRYAN THUMME
[August 29, 2016]

MARTUCH, J., delivered the opinion for a unanimous Court.

JUSTICE MARTUCH delivered the opinion of the Court.
The Court was asked whether the language of Article IV 4,
4.4.1 and Article IV 4, 4.4.5 of the Bylaws violates Article I
7, Subsection 2 of the Charter. This Court unanimously answers
the first part of this question in the affirmative, finding that the
language in Article IV 4, paragraph 11 of the Bylaws grants the
Student Association discretionary powers in posting and thus
filling Representative vacancies, not afforded by the Charter.2
Additionally, the Court unanimously answers the second
question in the negative. Article IV 4, 4.4.5 of the Bylaws
serves to ensure the requirements of Article I 7, Subsection 2
of the Charter are satisfied. Although Article IV 4, 4.4.5 may,
indeed, provide the Association with an avenue for violating the
At the time of resignation or removal, at the discretion of the Association,
the position shall be posted for ten business days... Bylaws, Article IV 4,
paragraph 1.
2
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. Charter, Article I 7, Subsection 2.
1

In re REPLACING REPRESENTATIVES
Opinion of the Court

Charter, the Bylaws cannot be misconstrued as permission to

refrain from replacing Representatives who have resigned or
been removed. In re Office Vacancies and Resignations, 16-005
(2016). The Bylaws are clearly subservient to the Charter,
and therefore cannot contradict it, in principle or in fact. In
re Representative Appointments, 16-001 (2016) at 4. Failure to
replace vacant Representative positions is a violation of the
Charter and is unacceptable when in doing so, the Association
is provided with a convenient guise or (and) does so under false
pretense.
It is so ordered.