QUESTION PRESENTED
Does Article III, Section 3, 3.3.5 (a) of the Student Association By-Laws conflict with Article VII, Section 6? If so, what prevails?
QUESTION PRESENTED
Does Article III, Section 3, 3.3.5 (a) of the Student Association By-Laws conflict with Article VII, Section 6? If so, what prevails?
QUESTION PRESENTED
Does Article III, Section 3, 3.3.5 (a) of the Student Association By-Laws conflict with Article VII, Section 6? If so, what prevails?
Does Article III, Section 3, 3.3.5 (a) of the Student
Association By-Laws conflict with Article VII, Section 6? If so, what prevails? LEGAL ARGUMENT
On Aug. 26, the Association approved major revisions to its
By-Laws. Article III, Section 3, 3.3.5 (a) states: “All resolutions shall be submitted to the Parliamentarian at least two (2) hours prior to the start of a house meeting for the resolution to be reviewed and placed on the agenda. Should a resolution be submitted less than two (2) hours prior to the start of the meeting it shall require addition to the agenda at the business meeting by a supermajority of two-thirds of voting members of the legislature present at the meeting.” Article VII, Section 6 states: 7.6.1 The Speaker shall prepare and submit to each Student Association member an agenda at least 72 hours prior to each regular meeting and each special meeting. 7.6.2 The agenda shall list the various matter to come before the Association and shall serve as a guide for the order of procedure for the meeting. Representatives may include items on the agenda upon concurrence of the Speaker. 7.6.3 The order of business may be altered and items added at any meeting at any time by a majority vote of the members present. These separate sections of the By-Laws do not contain cross-references and may conflict. If they do conflict, the Court should settle the conflict by declaring which clause prevails.
CONCLUSION
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 Court’s rule 1.9.