UWM Student Association Constitutional Referendum Results

This report details the results of UWM Student Association Constitutional Referendum that was conducted
online from Sunday, April6, 2014 until Saturday, April12, 2014 using the UWM Qualtrics web site. I conducted
the Referendum based on a request of several UWM students. These students provided me with the questions
and handled the publication of the Referendum to the UWM student body. The students selected me to run this
Referendum based on the fact that as a UWM student prior to my graduation I was the Chairman of the
Independent Election Committee and could act as an independent and impartial moderator.
The Referendum was accessed 176 times and completed 150 times. The method used for declaring a vote as
valid was as follows. If an individual Student ID could be validated using the UWM Auxiliary Services Ticket
Distribution web page by matching the submitted student's full first name and the first letter of the last name
that was returned it was considered valid; if not, it was listed as 'Not Found' and not counted. The reason that
some or all of the accesses could not be verified as UWM students could be due to Federal Law restrictions on
the release of information prevents all current UWM students being listed in the database.
The maximum number of duplicate accesses by the same student was twice. The majority of these students had
an access that was marked as not finished. If these students were validated and their votes for a question
matched each other on that question or one vote was blank, the non-blank vote was counted as one vote for
that question. If they did not match, neither vote was not counted. Blank votes were not counted.
A breakdown of the votes for each question are shown in the figures below. Screen Shots of the actual
Referendum along with there text are contained in Appendix A.
Question 1: "/,as an enrolled student at the University of Wisconsin- Milwaukee, hereby vote to adopt the
new constitution and transitional bylaws, shown below (and also available here), and be organized solely by
them under Wis. Stat. 36.09(5):" (Full text of the new constitution and transitional bylaws are in Appendix A)
Results: Yes:
No:
147 votes (Validated 143, Validated Duplicates 3 and Duplicate Validated 1)
3 votes (Validated 3)
Row Numbers Number Validation Status Vote Comment

4-6 3 Not Found Blank 2 Same Name Blah
170-171 2
174-176 3
Figure 1
Duplicated
Not Found
Validated
No Same Person
No
Question 2: Statement about how the student feels about the statement that they have no confidence in, and
do not recognize the "Board of Trustees". (Full text in Appendix A)
Results: Yes: 135 votes (Validated 132 and Validated Duplicates 3)
No: 5 votes (Validated 5)
Row Number of Validation Status Vote Comment
Numbers Votes
4-4 1
169-169 1
172-176 5
Figure 2
Duplicate Conflict Invalid Not
Found
Duplicate Conflict Valid Not
Found
Blank
No 1 Duplicate with above Blank Vote

Validated No

Paul Me Nally
Qualtrics Survey Software
...
l of2
UWM Student Association Constitutional Referendum
Default Block
Please fill out the following information for verification:
First Name (per University Records)
Last Name
UWM Student JD Number
UWM Pantherlink Email
I, as an enrolled student at the University of Wisconsin - Milwaukee, hereby vote to adopt the new
constitution and transitional bylaws, shown below (and also available here), and be organized solely by
them under Wis. Stat. 36.09(5):
Yes
No
UW-Milwaukee Student Association Constitution
Article .1. Name The name of !his organization shall be the UW
Association. It Js hereinafter referred to as the SA.2
Article Jl. Purpose The purpose of the SA is to exercise all rig
powers granted collectively to University of
students under Wisconsin state statute 36.09[5), to exercise

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UW-Milwaukee Student Association Constitution1
Article I. Name The name of this organization shall be the UWM Student
Association. It is hereinafter referred to as the SA.'
Article II. Purpose The purpose of the SA is to exercise all rights and
powers granted collectively to University of Wisconsin-Milwaukee
students under Wisconsin state statute 36.09(5), to exercise
accountability to and on behalf of its members, to defend their rights,
advocate for their interests and demands, and perfomn or direct other
activities in service of such interests and demands.'
Article Ill. Membership
Section 3.01. All students at the University of Wisconsin-Milwaukee shall
be members of the SA.'
Section 3.02. As used herein, "students" shall be liberally construed to
include all persons enrolled in any type of class, admitted to any
academic program, participating in a student exchange program or
continuing in any relationship implying intent to receive further instruction
under the auspices of UWM, to the extent consistent with Wisconsin
state statute 36.05(11).
5
1
General Comments: Some general features of this constitution as compared to that put to
referendum in January 2014 and receiving less than one percent of the vote:
I) The provisions are intended to be very durable, i.e., difficult to change and intended to
become venerated over long use. To enhance their venerability, they are based on historical
SA constitutions where possible. Because they are to be telatively stable over time, they do not
enact any sweeping untested changes, but instead grant flexibility to experiment with changes
and reject them if they do not succeed without need of a constitutional amendment. This
flexibility is designed to keep intact important principles while allowing response for change.
For example, instead of specifying the representation of each school or college in the senate,
this document provides for apportionment sensitive to changes in relevant enrollment among
the schools, or the creation of new schools.
2) All provisions have a meanint,>ful effect, and all important effects are provided for. The
January 2014 document created dozens of units and new positions with a constitutionally
mandated name but no other distinct duties or distinguishing features, thus leaving the entire
meaning of such provisions dependent on future bylaws. Here, bylaws to be initially applied
are included, so students know what they are voting for, and the most important decisions are
not simply deferred.
3) Careful attention is paid to answering all basic questions, especially about who bears
responsibility for what. Where matters are intrinsically difficult to state with precision,
development by bylaw and judicial interpretation is necessarily invited, but the effort is made
to avoid ambiguity and confusion in the first instance, minimizing this role.
4) This constitution is intended to reflect and protect student power, while the January 2014
document was a constitution of weakness. UWM administration had no role in forming this
constitution, it says nothing that would institutionalize or accede to administration claims of
power over student affairs, and it actively promotes and supports student rights in every
instance.
2
Comment on Article 1: The name format that the administration seeks to impose, Student
Association at UWM, is expressly designed to distance groups bearing that name from the
impression that they are a formal part of the university or bear any university authority,
Rejection of that name reflects rejection of the premise.
~ Comment on Article II: The formula "interests and demands" is intended as a comprmiuse
between "interests" detennined paternalistically by representatives, and "demands" arising
directly from represented students. "Perfonn or direct other activities" means that the SA is
fully authorized to serve any student goals itself or by agreement for services and is not limited
to "advocating" for others to serve student needs. Wisconsin state statute 36.09(5) reads: "TI1e
students of each institution or campus subject to the responsibilities and powers of the board,
the president, the chancellor and the faculty shall be active participants in the immediate
governance of and policy development for such institutions. As such, students shall have
primary responsibility for the formulation and review of policies concerning student life,
services and interests. Students in consultation with the chancellor and subject to the final
confirmation of the board shall have the responsibility for the disposition ofthose student fees
which constitute substantial support for campus student activities. The students of each
institution or campus shall have the right to organize 1hemselves in a manner they determine
and to select their representatives to participate in institutional governance."
4
Comment on Section 3.01: The language reflects both the goal of extending student rights
to all persons over whom the univernity claims any jurisdiction based on student status and
Wisconsin case law assigning greater legitimacy to student government organizations with "all
students as members.'' SA v. Baum, 74 Wis. 2d283, 246 N.W.2d 622 (1976).
5
Comment on Section 3.02: Wiscoruin state statute 36.05( 11) reads: '"Student' means any
person who is registered for study in any institution for the current academic period. For the
purpose ofadminister:ing particular programs or functions involving students, the board shall
promulgate rules defining continuation or tenninalion of student status during periods between
academic periods."
Article IV. Officers, Meetings, Bylaws
Section 4.01 Officers
(1) The SA shall have for tls officers a President, Vice President,
Secretary, Treasurer, three Election Commissioners, a number of
Senators, and a number of Student Court Justices. No individual may
simultaneously serve in more than one office. Officers may not delegate
the duties of their respective office except as provided herein.
(2) A student enrolled in any class that is offered for academic credit is
qualified to serve as an officer or vote in the election of officers until the
end of the registration period for the next spring or fall academic term or
until temninated pursuant to action under the SA constitution or state
statute 36.05(11). The SA may limit by ordinary legislation the
applicability of this subsection to any new category of student created by
the university administration after its adoption.'
(3) It is the supreme duty of all officers to fight for students' rights, their
interests, and their expressed intent to benefit others. The powers of
office exerted in the name of students must serve such public ends over
private ones. Officers must particularly fight for the recognition and
preservation of collective student rights when then they are not observed.
Section 4.02 Meetings Meetings of all SA bodies shall abide by orderly
rules. In the absence of a contrary rule having been adopted, the
provisions of the most recent edition of Robert's Rules of Order Newly
Revised for conduct of meetings shall apply.'
Section 4.03 Bylaws
(1) The SA may odopt bylaws more durable than ordinary legislation but
less durable than this constitution.
(2) The SA shall have only one set of bylaws, which may codify
interpretations of this constitution, provide for different operating
procedures for different units of the SA, for a code of conduct, or a bill of
rights, or commit the SA to durable positions, objectives or programs.'
(3) Any adoption or change in the bylaws may be made only by the
following process: (a) Any SA official may bring the proposal to the
senate. (b) If the senate approves by a simple majority, the measure will
be transmitted to any affected unit of SA and published by the SA with a
solicitation for public comment. The president or any affected unit may
report on the proposal. (c) Thirty days after publication, the senate may
do any of the following: by 2/3 majority vote, adopt or reject the rule
unchanged; or by simple majority amend the proposal and resubmit it for
comment. (d) This process may repeat as many times as the senate so
elects, except that a rule that has had at least two comment periods dies
at the end of the annual senate session.
6
Comment on Section 4.01(2): The primary reason for this rule is the college of continuing
education, whose 20,000 participants take mostly special non-credit classes, do not pay full
segregated fees, and are thus hold a smaller stake in student interests. ln the past they appear to
not have been ~ n s i e r e SA members, but this is not easily reconciled with the statute.
7
Comment on Section 4.02: See also Section 6.03 particularly regarding meetings of the SA
Senate. Please also note that Robert's Ru1es of Order contains distinct rules for small boards,
ordinary assemblies, and mass assemblies.
8
Comment on Paragraph 4.03(2): The SA presently purports to have an ethics code,
representative contract, and separate sets of bylaws for the student court, election commission,
and various standing committees and auxiliary units. Some ofthese resemble corutitutions,
with effectively redWldant provisions for body's name, enactment and amendment of the
bylaws and so on. They were created in various ways with different degree of authority. This
paragraph reflects an intent that the more durable rules for SA governance be gathered into
one code all of equal standing and the redundant matter discarded.
Article V. Declaration of Rights'
Section 5.01 Nondelegation. All members have the right to have their
status within the SA determined entirely by the SA itself. The SA may not
delegate through ordinary legislation any decision over the status or
rights of its members, or make membership rights contingent upon a
determination of faculty or administrators. The SA may rely on reports of
the registrar reflecting student enrollment status provided that a member
may appeal the accuracy of such report to the senate.''
Section 5.02 Equality.
(1) Members of the SA shall be presumed equal in all rights set forth in
this constitution, except as otherwise provided or permitted herein.
(2) The SA or its legislation may not make arbitrary distinctions among
members, but may consider a member's ordinary traits rationally related
to a neutral legislative goal.
11
(3) The SA may not enact any legislation or bylaw directed at the rights of
a particular individual. 12
(4) No SA officer or agent shall grant preferential or dispreferential
treatment to any member on the basis of a family, business or private
relationship between them or other non-public interest. "
(5) (a) The SA recognizes traits of race, color, ethnicity, national origin,
religion, creed, sex, gender identity, sexual orientation, ability status, age,
genetic information, family status, military or veteran status, arrest or
conviction record, political ideology, private voting history, dietary
practice, physical appearance, and history of having opposed
discrimination based on these traits as subject to varying degrees of
special protection.''
(b) The SA or its legislation may implicate these special traits only
where an especially compelling need exists to take such characteristic
into account. Eligibility for employment or holding of any right or position
with the SA or access to any of its services may not be conditioned on
such traits except where required by law or where the trait is a bona fide
qualification for the holding of a position.
9
Comment on Article V: Historically, SA Constitutions have contained a bill of rights, hut
the effect of such provisions has been more negative than positive. When stated vaguely, such
provisions have the given the student court extraordinary power through their interpretation
!!Ild led to more than one judicial coup. If fixed to the meaning of the state !llld federal
constitutions, they become mostly redundant, because virtually all students are under the
jurisdiction of those constitutions already. !frights are set forth in detail, they become too
inflex1ble and verbose. The goal of this article is to identify and protect meaningful student
interests that might not be covered by existing state or federal law.
1
Comment on Section 5.01: This rule reflects the power of the SA to define the status of its
own members. It means that the SA cannot limit rights based by automatic reference to grade
point average, or automatically on a finding of misconduct by the dean of students. It would
not prevent the SA from making its own parallel determinations considering such information,
so long as the affected student was given the right for the SA to make the final call. There
should be no conflict with the Family Educational Rights and Privacy Act (FERPA) because
even ifFERPA distinguished university officials in the centrnl administration from those in the
student government in tenns of necessary access to student data, the SA could stilt rely on
administrators' review of student enrollment data, so long as students could appeal to the SA
claim the status assigned them in tl1e administration's review was in error.
11
Comment on Paragraph 5.02(2): This sets forth for clarity a basic principle of equal
protection. "Ordinaty traits" are distinguished from the traits" of paragraph (5).
12
Comment on Paragraph 5.02(3): Some commenter:s have called this the "bill ofattainder

13
Comment on Paragraph 5.02(4): This provision singles out a specific application of
paragraph (2) deemed of special Though a video promoting the January 2014
constitution suggests it was designed to prevent nepotism, it has no direct anti-nepotism
provision. This provision reflects concem that more than other fonns of
arbitrariness, invokes ethical disabilities and serves as a vector for more serious forms of
discrimination as set forth in paragraph (5).
14
Comment on Subparagraph 5.02(S)(a): Some of the special traits herein are granted the
highest degree offedeiallegalprotection (such as race), while others have achieved far more
limited recognition.
(c) Notwithstanding the preceding paragraph, the SA or its
legislation may take into regard such special traits of members in order to
improve diversity of input and participation in any of its programs,
provided that such consideration does not violate state or federal law.
(6) The SA recognizes that legal equality defies succinct description and
invites elaboration by precedent and further codification.
Section 5.03 Due Process.
(1) The rights of members, once granted, to vote in an SA election, hold
an SA officer position, or participate in any SA program or activity, may
not be taken away without due process.
(2) The passage of valid legislation negating a legislatively granted right,
the passage of a bylaw negating a right granted by bylaw, or the passage
of a constitutional amendment negating a constitutional right, constitutes
due process except as applied retroactively to a member or where the
member has already relied upon a granted right to their detriment.
(3) Except as provided in subsection (2) above, due process entails at
minimum: (a) reasonable notice of the proposed action affecting the right,
its basis in fact, its basis in law, and the means by which the member
may contest the action. (b) the right to be heard on the matter, present
evidence, (c) These rights must be provided reasonably in advance of
the action, or if an urgent public interest requires taking of the right
beforehand, as soon thereafter as practicable. (d) If the action seeks to
affect the rights of an individual member in response to wrongdoing by
that member against a public interest, that member has the right to
remain silent, argue through an intermediary, and be presumed innocent
until demonstrated responsible by clear and convincing evidence.
(4) The SA recognizes that legal due process defies succinct description
and invites elaboration by precedent and further codification.
Section 5.04 Speech, Association, and Assembly. SA members have
the right to speak, associate, or assemble, which the University Student
Court may interpret to go beyond the parallel rights granted by the state
and federal constitutions. The SA will not subject its officers to
restrictions on their right to speak, associate, or assemble except as
consistent with state and federal law and necessary to serve a
compelling public purpose.
Article VI. The SA Senate
Section 6.01 Composition The Legislative branch of the SA shall be
called the SA Senate and its members Senators. Unless a higher or
lower number is established by bylaw, the maximum number of senators
shall be 35.
Section 6.02 Term and Election
( 1) Senators shall be elecied at large by all members eligible to vote for
officers, except that the by-laws may provide for apportionment of seats
in a manner that provides equal power to each elector."
(2) A regular election shall be conducted annually in April for each senate
seat. Senators' terms begin on June 1 of each year and run naturally for
one year, except that the by-laws may provide for a minority of senators
to be elected in October to serve yearlong natural terms beginning
December 1. Irrespective of their natural term, senators may continue in
16
Comment on Paragraph 6.02(1): This is extremely flexible to allow experimental forms of
voting. For the particular mechanism that wi!l be used in the first election, see Transitional
Bylaw 6.02.
office until relieved by their elected successor, or may be removed
pursuant to section 6.02(3). 17
(3) A senator may be removed from office either: (a) upon his or her
request, confirmed by a 1/3 vote of the senate; (b) as an automatic
function of repeated absences as set forth in a by-law or ordinary
legislation; or (c) by a 2/3 vote ofthe senate raised on a report by the
University Student Court that the senator has ceased to be eligible for
office or has seriously breached the standards of the office.
(4) The senate by 213 vote may fill a vacancy in its own ranks with an
eligible member to serve until ratified or relieved pursuant to the next
general or special election. No more than five senators shall serve by
internal appointment at any time without having been subject to general
election. 1B
Section 6.03 Sessions and Meetings
(1) Each annual senate session shall begin on June 1, with the Vice
President calling the first meeting as soon as practicable in June. The
senate shall adopt a regular meeting schedule consisting of at least one
meeting in each of the months of June, July, August, December,
January, and May and at least two meetings in each of the remaining
months.
(2) Special meetings may be called in the following manner: (a) the
President may call a special meeting; (b) one third of the senators may
call for a special meeting by petition the secretary.
(3) Senate meetings shall be announced as soon as possible in advance
and comply strictly with Wisconsin open meetings law. At least one hour
of public comment time must be reserved each month at which members
will be entitled to make comments to the body on issues of public
concern.
(4) As further set forth in Article VII, the Vice President of the SA shall
serve as chair of the Senate and have the power to vote in the case of a
tie; and the Secretary of the SA shall be responsible for SA Senate
minutes and agendas.
Section 6.04 Powers and Duties
(1) The SA Senate shall have the power and the duty to consider and
enact appropriate legislation to: (a) serve as the voice of the members by
taking stances on issues of concern to them; (b) direct the executive
branch to pursue particular policy goals and limit the means by which
such goals are to be s o u h ~ (c) govern its own internal organization and
parliamentary procedures and elect internal officers such as speakers
and sergeant at arms such as deemed warranted; (d) create and provide
for the administration of other SA programs and activities; (e) set the SA
budget; (D exercise the power granted to students by law for the
allocation of segregated university fees; (h) ratify or reject contracts
between the SA and any other person or entity, or delegate to the
president the power to enter the SA into a specifically described contract
without need of ratification; or (h) prescribe the dates of special elections
for vacancies in elected positions.
17
Comment on Paragraph 6.02(2): The January 2014 constitution designates five seats to be
elected in October but all seats take office in May. See also Transitional Bylaw 6.02.
18
Comment on Paragraph 6.02(4): The internal election mechanism has been histocically
used to ensure maximum possible representation. Limiting the number of senators so elected is
intended to increase student input by encouraging general elections, and to mitigate the
potential problem of a senate JJU\iority party using internal elections to solidify control.
(2) In support of its legislative power, the Senate and its committees may
hold appropriate hearings and inquiries.
(3) Legislation subject to the president's veto authority shall not come
into effect until signed, or until the time for veto has expired without a
veto, or the senate receives the veto and votes by a 2/3 majority to
override such veto.
(4) The SA Senate shall have only the powers specified in this
constitution to: (a) Internally elect its own members or remove officers (in
accordance with sections 6.02, 7.06, and 8.05); (b) Transmit and publish,
and ratify, amend, or reject proposed bylaws (in accordance with section
4.03(3)); and (c) approve or reject the appointments of other officers and
positionholders (in accordance with sections 7.03, 7.04, 8.02 and 10.03).
These powers stand in addition to ordinary legislative powers and are not
subject to veto.
Article VII. Executive Branch
Section 7.01 President
( 1) The Executive branch of the SA shall be led by a President elected
annually In April by all members eligible to vote for officers, to a term
beginning on June 1 and running naturally for one year. Irrespective of
the natural term, a president may continue in office until relieved by his or
her elected successor, or may be removed pursuant to section 7 .06.
(2) The SA President shall have the power and the duty to: (a) serve as
the personal representative of the SA in private meetings, public
appearances, and any delegations to external organizations in which he
or she participates, articulating the positions of the SA consistent with
what the Senate has set forth; (b) serve as the signatory of the SA in
correspondence, public declarations, and legal documents; (c) direct and
oversee the fulfillment of SA legislation as charged by the Senate; (d)
report to the senate on the progress of SA goals and propose legislation
to aid in their advancement; (e) promptly challenge any attempted
rejection by the chancellor of official SA actions, especially including
studentfee decisions, and preserve all rights to appeal to the chancellor,
regents, and the courts; (D make or delegate the making of all day to day
decisions as required by legislation or, subject to subsequent ratification
or rejection by the senate, by bona fide emergency jeopardizing student
interests; (g) issue such executive orders as necessary and proper to
further the goals of the Student Association; subject to any restrictions in
bylaw; (h) appoint other officers and positionholders in accordance with
sections 7.03, 7.04, 8.02 and 10.03; (i) transmit all final segregated
university fee decisions to the Chancellor and the UW-System Board of
Regents; and G) perform the duties assigned to the president pursuant to
section 7.05.
(3) The SA President shall have the power to sign or veto legislation
approved by the senate under section 6.04(1) except for that undertaken
pursuant to subparagraphs (c) or (g). To be valid, the veto must be
exercised and transmitted back to the senate within seven calendar days
after the bill is first transmitted from the senate.
Section 7.02 Vice President
(1) The Executive branch of the SA shall include a Vice President elected
annually in April by all members eligible to vote for officers, to a term
beginning on
1
June 1 and running naturally for one year. Irrespective of
the natural term, a vice president may continue in office until relieved by
his or her elected successor, or may be removed pursuant to section
7.06.
(2) The Vice President shall: (a) preside over meetings of the SA senate,
voting only in cases of a tie; (b) perform such duties of the president as
the president may delegate; (c) succeed to the position of president upon
the president's removal; and (d) pertonm the duties assigned to the vice
president pursuant to section 7.05.
Section 7.03 Secretary
( 1) The SA shall have a secretary, appointed by the president within 60
days of a vacancy to a term running naturally through the following June
1. Irrespective of the natural term, a secretary may continue in office until
relieved by his or her successor, or may be removed pursuant to section
7.06. Appointments take effect after confirmation by a 213 vote of the
senate. The senate may make and confinm its own appointment if the
president fails to timely make an appointment.
(2) The secretary shall: (a) atlend and record audiovisually all meetings
of the SA senate as its principal note-taker and parliamentary advisor; (b)
receive proposed agenda items and develop, publish and distribute the
agendas, proposed bills and supporting materials for all SA senate
meetings; (c) prepare, publish and maintain the minutes of all SA senate
meetings; (d) provide public notice of all meetings of the SA senate and
any other units of the SA requesting such service; (e) transmit all
legislation or other formal actions, vetoes, and reports, among the units
of the SA, within 24 hours of their taking place, and publish same as
soon as practical after redaction of any confidential matler, with
solicitation of public comment, (fj maintain the nonfinancial records of the
SA and respond to all requests for inspection or copying of all SA
records; and (g) pertorm the duties assigned to the secretary pursuant to
section 7.05.
Section 7.04 Treasurer
(1) The SA shall have a treasurer, appointed by the president within 60
days of a vacancy to a term running naturally through the following June
1. Irrespective ofthe natural term, a treasurer may continue in office until
relieved by his or her successor, or may be removed pursuant to section
7.06. Appointments take effect after confirmation by a 2/3 vote of the
senate. The senate may make and confirm its own appointment if the
president fails to timely make an appointment.
(2) The treasurer shall: (a) maintain the financial records of the SA, which
duty the treasurer may delegate in whole or part but must carefully
oversee; (b) report to the president and the senate on the state of SA
finances, research financial options, and make recommendations on
financial questions; (c) serve as signatory for authorized disbursements
of student monies;" and (d) pertorm the duties assigned to the treasurer
pursuant to section 7.05.
Section 7.05 Other Duties The members of the executive branch may
be assigned additional duties through the bylaws, including the
requirement to serve specified quantities of weekly office hours.
Section 7.06 Removal of Executive Officers An executive officer may
be removed from office either: (a) upon his or her request, confirmed by a
1/3 vote of the senate; (b) as an automatic function of repeated absences
as setforth in a by-law or ordinary legislation; or (c) by a 213 vote of the
senate raised on a report by the University Student Court that the officer
has ceased to be eligible for office or has seriously breached the
standards ofthe office.
Section 7.07 Succession The SA may enact legislation determining
succession rules in the event of multiple simultaneous vacancies. In
19
Comment on Paragraph 7.04(2): The language is intentionally general to avoid either
endorsement of or conflict with any state or institutional policies that might require another
person serve as the ultimate signatory for certain accounts after the SA directs a release of
funds. By not asserting that the treasurer must be the exclusive signer, the option of multiple
signatories is also left open.
absence thereof, the president shall be succeeded in order by the vice
president, secretary, and members of the senate in order of seniority and
vote count in the last election; and the chief justice shall be succeeded by
other justices in order of seniority.
Article VIII. University Student Court"
Section 8.01 Composition The Student Court shall consist of five
Justices: a Chief Justice and Four Associate Justices.
Section 8.02 Term and Appointment Justices shall be appointed by the
president within 60 days of a vacancy and serve a term of two years, up
to a maximum of two consecutive terms. Appointments take effect after
confirmation by a 213 vote of the senate. The senate may make and
confirm its own appointment if the president fails to timely forward a
nomination. Notwithstanding the foregoing, whenever three justices have
been appointed with more than 1 8 months remaining on their terms,
subsequent appointments shall be for terms of one year.
Section 8.03 Chief Justice The Chief Justice, except where it is
necessary for him or her to delegate to another justice for reasons of
unavailability, shall preside over all business meetings of the court and all
sessions of the parking tribunal, issue any subpoenas for the court, and
appoint all staff and subsidiary positions of the court.
Section 8.04 Duties
(1) The court shall: (a) provide for its internal organization within the
bounds set by the SA constitution, bylaws, and legislation; (b) maintain
copies of its past decisions for public reference; (c) report to the senate
its recommendations for improvement in the clarity, consistency, and
effectiveness of its laws.
(2) The court shall hear cases over which it has jurisdiction by the whole
court or a panel of three, and reject all cases over which it has no
jurisdiction. Jurisdiction extends only to (a) advisory interpretations of SA
law made upon request of an officer; (b) oversight of on-campus parking
appeals; (c) decision on questions referred to it by third parties, binding
only against those parties, if the court agrees to the jurisdiction; (d) trial
or voluntary mediation of civil disputes among SA members, SA units
other than the student court, student organizations where the parties
have a genuine interest in the controversy, and-or other entities
supported by student segregated university fees; (e) report on the
eligibility and fitness of SA officers and positionholders as directed by law
after providing due process to any SA member suspected or accused of
ineligibility or unfitness.
(3) (a) The civil jurisdiction of the court includes the power to rule on the
outcomes of election disputes, or suspend the implementation of, limit
the application off, or ultimately overturn, the putative official acts of other
SA units where those units have exceeded their authority. (b) Such
power is not plenary and must be exercised reasonably and in
accordance with the constitution, bylaws, and standards of statutory
interpretation and stare decisis used in Wisconsin courts. (c) In the event
of a crisis where the affected unit refuses to abide by a court order on the
basis of its exceeding the court's authority of this section, or a candidate
supported by at least two percent of the members rejects a finding by the
court denying the candidate office for such reason, or where the senate
finds that a court decision affects the public interest and has no
reasonable basis in law, the status quo ante shall be preserved while the
matler is submitted to binding arbitration by an external arbiter
unassociated with any UW campus administration. The arbiter may be
20
See Transitional Law 8.01.
d e s ~ n t e d by legislation, but such selection shall not be effective for a
dispute already commenced at the time of such legislation's passage."
(4) The justices may be assigned additional duties through the bylaws,
including the requirement to serve specified quantities of weekly office
hours.
Section 8.05 Removal of Judicial Officers A justice may be removed
from office either: (a) upon his or her request, confirmed by a 1/3 vote of
the senate; (b) as an automatic function of repeated absences as set
forth in a by-law or ordinary legislation; (c) by a 2/3 vote of the senate
raised on a report by the University Student Court that the justice has
ceased to be eligible for office or has seriously breached the standards of
the office; or (d) automatically when the justice is found in arbitration
under section 8.04(3) to have exceeded the powers of office."
Article IX. Associated and Subsidiary Units
Section 9.01 Shared Governance Committees
( 1) The SA shall oversee the appointment of all students to university
shared governance committees. All students who are eligible electors in
SA elections are eligible for service on any committee, except as
determined pursuant to paragraph (3)(d) below.
(2) The SA shall initiate the development of new University shared
governance committees as needed to make decisions regarding student
life, services and interests; such committees shall have a preponderance
of students.
(3) Students may be appointed by any of the processes described in this
section:
(a) The SA shall designate an executive officer to make all initial
appointments. The appointee shall enter service immediately but the SA
senate may by majority vote within 30 days reject the appointment.
Actions of a proper appointee are not affected by subsequent rejection.
(b) If the executive officer is designated to make appointments under (a)
and fails to make a timely appointment, either that officer or the senate
by majority vote may then make such appointment. If both authorities so
act, earlier appointments shall have priority over later ones.
(c) The SA may, using any process described in this section, designate
more members of a shared governance committee than there are seats
available. Members designated in excess of the allowed student
membership of a committee shall serve as alternates upon the
unavailability of one or more higher-priority student members of a
committee.
(d) An appointed student member of a committee, in the event of an
emergency and subject to the consent of that committee, may appoint
their own proxy. A proxy is inferior in priority to all designated members
and alternates and is bound to any written instructions from the
appointing student.
21
Comment on Paragraph 8.04(3): This might seem like a response to recent events but it is
also in response to repeated constitutional crises which the SA has encountered for decades.
This section does not create a "super-appeal" ofUSC decisions except under rare
circumstances where the court appears to act beyond its powers and thus generate a crisis
between different branches of government. In ordinary cases, where the interest affected is
private or the court simply makes a reasonable error, its decision is final.
21
Comment on Section 8.05: The removal of justices has been a thorny issue in the case of
serious constitutional crises: justices have historically acted as one, so that trusting the court to
self-police tends to be ineffective. Impeachment by the senate has resulted in the past in the
court declaring the impeachment unlawful. The January 2014 constitution attempts to rely on
joint executive-legislative action, but this would allow the court to corruptly perpetuate an
incumbent party. The solution here is to trust the court in the ordinary case. Two provisions
back this up in event of fuilure: fi.rst, if judicial corruption reaches the point of crisis, an
external arbitrator may effuctively remove them; second, justices are made subject to popular
recall under section 10.04(3).
(e) The SA, in pursuit of maximum student representation, may agree to
specific qualifications and means of selection decided within the shared
governance process for some or all of the student members of particular
committees (such as that an SA official be seated by virtue of office, or
be chosen from among a particular group of stakeholders). Under this
paragraph, responsibility for appointment may be delegated to a student
entity as described in section 9.02. Once so agreed, the SA may
withdraw ils agreement by ordinary legislation.
(4) Designated student members of shared governance committees are
expected to report to the SA Senate the actions of their respective
committees and vote in those committees in a manner consistent with SA
policy. Members may be reduced to alternate status, removed, or barred
from further service on a committee upon a 2/3 vote of the senate.
Section 9.02 Student Organizations The SA shall oversee the
recognition and support of student organizations. The SA may recognize
or not recognize other organizations that aspire to a role in institutional
governance. In the event of a conftict in positions between such
organization and the SA, the SA's position shall be paramount. No such
organization shall elect its members from among the whole of eligible SA
electors.
Section 9.03 Staff and Advisors
(1) Because it is in the interests of students to preserve continuity and
institutional memory, the SA may appoint one or more persons to serve
as counselors or advisors who need not be students. No legislation or
order may devolve power or authority to such persons other than to
advise or assist upon request of an officer, and no such person may
serve who owes any duty of loyalty to the UWM administration.
(2) To assist the work of the SA, it may recruit and retain volunteers or
paid staff. Each such person shall report exclusively to an SA officer
designated as his or her supervisor. The process for attracting and
selecting such persons shall be student-controlled, public, transparent,
and provide equal opportunity for all applicants, along with any such
affirmative action as legally permitted. The SA may by legislation identify
a standing committee or commission to review applicants or volunteers.
The use of such process is encouraged but not required for the vetting of
all potential political appointments.
Article X. Elections
Section 10.1 Scope. Those elections of officers called for by this
constitution, or conducted pursuant to its provisions for amendment,
referendum or recall, shall be governed by this article. These provisions
do not apply to internal elections by SA governing units, such as the
election by the senate of its own officers.
Section 10.2 Ideals.
(1) Elections under this article shall be pertormed by secure, secret
ballot, by a process providing for reasonable notice and access to all
electors, reasonable conditions of fairness and equality among voters,
wide freedom to campaign, and overall transparency.
(2) Freedom to campaign means the right of advocates for or against any
party, candidate or referendum option to address voters by any means
and effectively communicate their positions, subject only to restrictions
narrowly drawn to serve a compelling interest; generally this should
permit all campaigning that does not: (a) harass persons that ask to be
left alone, (b) include bribery or threats, (c) rely on partisan access to
public funding or resources; (d) operate by censoring or blocking other
campaigners' messages rather than by counterspeech; or (e) rely upon
violations of laws of general application such as those against
trespassing or endangering safety.
(3) An election shall be deemed to comply with this section if it
substantially adheres to a published process that reasonably meets
these standards.
Section 10.3 Election Commission; Election Complaints
(1) Elections shall be administered by an Independent Election
Commission consisting of three students designated as a chief
commissioner and two deputy commissioners appointed and confirmed
by 2/3 vote of the senate. No election commissioner or University
Student Court Justice can run as a candidate in any election they
oversee or administer. The most senior commissioner shall be the chief.
Commissioners' natural terms shall be for three years and shall be
staggered. Primary power to appoint commissioners shall rest with the
president, but no president shall appoint more than one sitting
commissioner. If additional vacancies occur, remaining appointments
shall be made in alternation between the senior senators representing
the top two political parties in order of total senate representation.
23
(2) The duties of the commission shall be: (a) to organize the election
according to any rules established by constitution, bylaws, or legislation;
(b) to recommend rules and standards to the senate and president that
may be beneficial in future elections; (c) to oversee all audits of
nomination signatures, (d) confirm and publish lists of all registered
parties and candidates; (e) oversee policing of all rules against improper
campaigning; and (D to announce election results.
(3) The commission shall act promptly on complaints of violations of
. campaigning or other election rules. Its primary goals in so doing will be
to prevent further violations and to offset any illicitly acquired advantages
so that the election will remain as fair as possible. All parties are entitled
to a fair hearing. No party shall be sanctioned to an extent greater than
necessary to offset an illicitly acquired advantage unless there is clear
and convincing proof that the party or candidate advantaged by a
violation was directly responsible for the violation through its own
intentional or reckless violation of the rules.
( 4) Sanctions may include cancellation of votes garnered by fraud or
threat, or in the extreme case, disqualification of a candidate. Any case
that might change the election outcome shall be resolved within 7
calendar days of the end of voting. Such decision is automatically
appealed to the University Student Court, which has 30 days to uphold,
modify, or reject the IEC ruling. The Court must liberally accept offers of
new evidence prior to a decision. Nondecision after 30 days is deemed a
rejection of the appeal.
Section 10.41nitiative, Referendum, and Recall
( 1) The signatures of five percent of SA members shall be sufficient to
introduce a measure to the senate. (a) If proposed as non-referendum
ordinary legislation, the measure will become effective unless legislation
to reject it is approved through the ordinary legislative process, or unless
it is returned to the student body as a referendum. (b) If proposed as a
non-referendum bylaw, a completed petition shall have the same effect
as initial passage by the senate under section 4.03(3)(b). (c) If proposed
for referendum, whether for nonbinding input or as ordinary legislation,
bylaw, or constitutional amendment, a completed petition will shall have
the same effect as the senate's placing the measure before the members
in paragraph (2) of this section .
.n Comment on Section 10.3(1): Appointment authority is intentionally diffused to mitigate
the influence ofthe sitting government over the process for determining its successor. The
January 2014 constitution Seeks the same goal by placing nonstudents on the commission.
This Constitution views that as an extreme solution that undermines self:.detennination of the
students and places the administration in the position to influence or even halt student
elections. Past student officials have usually demonstrated honesty and public spiritedness.
That, combined with the Madisonian division of power and recotmle to arbitration in the most
extreme cases, should be sufficient
(2) The senate may place a measure before the members of the SA in a
referendum. If the referendum seeks nonbinding input on a proposed
measure, the required vote shall be a simple majority. In all other cases,
a 2/3 majority is required. Before a bylaw or constitutional amendment is
submitted for referendum, it must go through either the bylaw notice
process of section 4.03(3) or the initiative process of section 10.04(1).
(3) Any officer, having served at least four months in office, is subject to
recall upon the petition of as many constituent electors as had voted to
put the officer in office, or in the case of an appointed octicer, five percent
of SA members eligible to vote. After a sufficient petition, a special
election must be held within 30 days for the position. In the case of non- .
elected officer, the election shall be between retaining the officer, or
removing them for a period of one year, opening the position for
reappointment.
Article XI. Ratification, m e n d m e n ~ and Initial Application
Section 11.01 Ratification This Constitution shall become the supreme
law of the SA, replacing all other constitutions, immediately upon petition
for its adoption by one percent of the student body, unless subsequently
rejected in a fair up or down referendum of the whole student body."
Section 11.02 Amendment This Constitution may be amended or
replaced only by the process stated in section 1 0.4.
Section 11.03 Severability If any provision of this constitution should be
found in violation of state or federal law, the remainder shall stand,
except where the operation of one section without the operation of
another would produce an absurd result, or where the SA has specified
the nonseverability of provisions by legislation.
Section 11.041nitial Legislation and Bylaws Upon passage of this
constitution, all actions taken in the name of the student body from May
1, 2013 onward, other than distributions of program funds to registered
student organizations and continuation of annually approved programs,
are declared null and void. Legislation made prior to that date is restored
or continued in force. All prior bylaws are indefinitely suspended.
Segregated fee allocations for the pending fiscal year are provisionally
set to last year's levels. A special interim election commission consisting
of UWM Academic Staff member and Senior Lecturer of Computer
Science"' Paul McNally is appointed to oversee initial elections for all
generally elected Student Association officers. Mr. McNally has
previously impartially overseen Student Association elections and we, as
students, feel he will independently and impartially uphold the tenants of
a legitimate and fair election. For the purposes of the spring 2014
Student Association election all rules/campaign sheets/announcements
shall be posted publicly in the UWM Student Union and request-able by
email at: macatck@uwm.edu. The following Transitional Laws and
Bylaws provisions will also come into or remain in force with the status of
bylaws or ordinary legislation as so designated herein:
24
Comment on Section 11.01: The adoption threshold is unusually \o\1 because the
constitution which this document would replace has the legitimacy of less titan 250 students
having voted for it. It is however anticipated that its adoption will gamer much broader
support.
2.1 *For informative purposes only.
/)1-
Transitional Laws and Bylaws
Transitional Bylaw 4.03 (1) Officers and other holders of SA-elected or
-appointed positions should seek to exemplify the highest standards of
service and must at minimum: (a) serve office hours as required by
bylaw, and attend and observe proper decorum at all meetings of any
body to which they have been elected or appointed by the SA, except
where sound reasons justify an absence or indecorum; (b) preserve
confidences concerning information to which they are exposed by virtue
of office; (c) use the powers and resources of office only forthe public
interest and disclose any potential confiict of interest before voting or
acting on an issue of real or apparent confiicl; and (d) adhere to SA rules
and refrain from prohibited or scandalous conduct suggesting an
unfitness for service.
(2) Serious breach of the above standards may ~ subject to a warning
or appropriate penalty up through and including removal from office
pursuant to subparagraphs 6.04(4)(a) and 8.04(2)(e) of the SA
constitution and its legislation elaborating these functions.
Transitional Bylaw 6.02: (a) Elections for the positions of Student
Association President and Vice President, and the Student Association
Senate seats shall be held before the end of the spring 2014 semester in
accordance with this document and the new constitution. (b) In the 2014
spring regular election, senate seats will be apportioned, based on spring
2014 enrollment, as follows: 8 from the College of Letters and Sciences
(Including AOC and Global Studies), 3 from the School of Business; 2
from Health Sciences; 1 each from Education, Arts, Engineering and
Applied Science, Social Welfare, Nursing, Information Studies, and
Architecture and Urban Planning; 4 from the Graduate School and 7 at-
large. (c) Four seats of the SA senate shall be set aside for the October
election of senators representing and elected by those eligible members
who have not yet attained sophomore standing; for 2014 only, a special
election for these seats will be held coinciding with the regular election,
but for half-terms ending November 30.
Transitional Law 8.01:
(1) Chapters five through eleven of the bylaws of the university student
court as revised through October 2011, in SA document SB1112-022 are
adopted with the status of ordinary legislation. Stray cross references are
to be resolved as follows: the reference in 7.11.1 to "per section 13.2" is
struck; the reference in 7.12.3 to "9.5a through 9.9b" is corrected to read
"7.5.1 to 7.9.2"; the reference in 10.1 to "11.4" is corrected to read "1 0.4";
and all references to 2.0 shall refer instead to paragraph 8.04(2) of this
constitution.2s
Transitional Law 10.03:
(1) Articles four through seven of the bylaws of the independent election
commission as revised through July 2012, in SA document SB1112-011,
except for the references in paragraph IV:1.A-B. to "as described in
Article II, Section 3, D, of these bylaws" and "online", paragraphs IV:1.C.
and IV:2.C, all of paragraphs IV:3; and VII:1.D, the last two sentences of
IV:2.D, paragraph V:4, amending IV:2.A to read: "Student Association
Elections will be held a consecutive Tuesday, Wednesday, and Thursday
of April and/or May. If polling is online, polling will open at 12:01 am on
Tuesday, and will conclude on 11 :59pm on Thursday. If polling is paper,
:u; Comment on Initial Law 8.01: The longer sections ofthe USC Bylaws, principally
reflecting civil and parking tnbunal procedures are preserved but with reduced status, because
they are not very good and should be improved before becoming too hard to fix. Nevertheless,
they have been in place for decades, relatively unchanged, and have proven to work
adequately most of the time. The remaining sections are either redundant to the provisions of
the Constitution, or rea!ly bad. Additionally, the old bylaws lack similarly developed rules for
mediation or reporting on the fitness of officers.
then it shall be held for the same duration of days, except conforming to
the business hours of the UWM Student Union (unless the IEC has a
compelling reason to schedule otherwise). The Commission shall
announce election results within 24 hours of polls closing." and amending
IV:2.B. to read "Signature sheets will be made available publicly in the
UWM Student Union on the bulletin board outside EG79 and directly by
email from the IEC Paul McNally (macatck@uwm.edu) within 24 hours of
the passage of this constitutional referendum." And amending IV:2.F. to
read: "After this one-week period, the Commission shall post a list of all
candidates that obtained the requisite number of valid signatures." And
amending V:2.A-D. to only require 20 signatures to be included on the
ballot; are thus adopted with the status of ordinary legislation."
(2) V:1.A. of the bylaws of the independent election commission shall
have the same interpretation as Article Ill in the new constitution.
(3) Exact scanned electronic facsimile of the signatures for the 2014
spring regular election shall be due directly by email to the IEC Paul
McNally (macatck@uwm.edu) two weeks before the election date.
(4) The IEC may amend or change any of the rules in this section and
their applicability, if a compelling need exists for the purposes of the 2014
spring regular election. Such amendments or changes shall always be
construed in a way that maximizes student participation and upholds the
fairness of the election.
17
Comment on Initial Law 10.01: The longer sections of the IEC Bylaws, principally
reflecting election procedures are preserved but with reduced status, because they are not very
good and should be improved before becoming too hard to fix. Nevertheless, they have been in
place for decades, relatively unchanged, and have proven to work adequately most of the time.
The remaining sections are either redundant to the provisions of the Constitution, or really bad.
The choice was made to adapt old IEC bylaws rather than those putatively adopted by the
interim SA in December 2013 because those provisions are both untested and nearly all in
conflict with the principles of this constitution, especially as they largely cede student control
of elections to administrntors and other non-students.
Qualtrics Survey Software
https://new.qualtrics.com/ControJPanel/ Ajax. ...
I, as an enrolled University of Wisconsin- Milwaukee (UWM) Student, per Wis. Stat. 36.09(5);
(1) Have no confidence in, declare that I am not represented by, and do not recognize: the "Board of Trustees",
the University Student Court that created it, any subsidiary bodies under them, and any officials therein;
(2) Do not approve of my segregated university fees (SUF) being used by or paid to: the "Board of Trustees", the
University Student Court that created it, any subsidiary bodies under them, the Student Association Professional
Staff [SAPS] Office, and any officials therein said bodies/entities;
(3) Have no confidence in the legitimacy of, declare that I am not represented by, and do not recognize: the
Board of Trustee's 'Student Association Constitution';
(4) Do not recognize any actions of the "Board of Trustees" and the University Student Court d/b/a Student
Association (starting on May 23, 2013), including the segregated university fees (SUF) allocations done by them
(other than distributions of program funds to registered student organizations and continuation of annually
approved programs), I recognize the status quo ante allocations approved by the Student Association in Spring
2013 (including the $0 allocation of the Student Association Professional Staff [SAPS] Office) and approve of
those status quo ante allocations applying for the 2014-2015 academic year;
(5) Assert my statutory right under Wis. Stat. 36.09(5) to be organized, solely, under the UWM Student
Association Constitution found above and to select my representatives under said Constitution and
the attached Transitional Bylaws;
(6) I recognize the above Constitution as the sole UWM Student Association Constitution, I recognize said
Transiti9nal Bylaws as the interim guidelines governing the 2014-2015 Student Association Elections, and chose
to organize and select my representatives as such.
Yes
No
j/fJ!:JI(j/J tk (f 4/13/2014 3:50PM