GSU Constitution - Combined Edits
THE CONSTITUTION OF
THE GRADUATE STUDENTS' UNION OF
MEMORIAL UNIVERSITY OF NEWFOUNDLAND
(Incorporated 1971)
Date of Revision: March 12, 2007
Graduate Students' Union,
216 Prince Philip Drive, Room GH-2007,
Memorial University of Newfoundland,
St. John's, Newfoundland,
A1B 3R5
For Discussion at final edit Constitution meeting
- Conflict of Interest Policy
- Senator and Regent - edited to election by BOD, but re-thinking you said that it might have to stay as Gen. Mem. Said you’d get back to me.
-
TABLE OF CONTENTS
ARTICLES of the CONSTITUTION
• ARTICLE I: NAME, AIM and OBJECTIVES
• ARTICLE II: MEMBERSHIP
• ARTICLE III: CORPORATE STRUCTURE
• ARTICLE IV: DIRECTORS
• ARTICLE V: STANDING COMMITTEES
• ARTICLE VI: MEETINGS
• ARTICLE VII: QUORUM
• ARTICLE VIII: MEMBERSHIP FEES
• ARTICLE IX: AMENDMENTS
• ARTICLE X: REFERENDA
• ARTICLE XI: FINANCES, SHARE CAPITAL and DISTRIBUTION of
CORPORATE PROPERTY
• ARTICLE XII: CONFLICT of INTEREST GUIDELINES
• ARTICLE XIII: CENSURE, REPRIMAND and VOTE of NON-CONFIDENCE
• ARTICLE XIV: STANDING RESOLUTIONS
• ARTICLE XV: CONFERENCE REPRESENTATION
• ARTICLE XVI: BY-LAWS
BY-LAWS of the CONSTITUTION
• By-Law on By-Laws
• Operations and Manuals
• Membership
• Duties of Executive Council
• Duties of Directors (Edit: “Councillors” changing to “Directors”.)
• Duties of Representatives on External Committees
• Duties of Executive Assistants
• Elections
• Standing Committees of the Board
• Ad Hoc Committees of the Board
• Attendance at Meetings
• Clubs, Societies and Resource Centres
• Finances
• Loan Repayments
• Executive Wages
• Honoraria
• Conference Aid
• GSU Grant Applications
• Funding for Clubs, Societies and Resource Centres
• Charitable Contributions
• Hosting
Abbreviations
Semi-AGM: Semi-Annual General Meeting
VPA: Vice President Academic
VPF: Vice President of Finance
VPI: Vice President Internal
VPCR: Vice President of Communications and Research
GM: General Manager
FMB: Facilities Management Board
BOD: Board of Directors
EC: Executive Council
Definitions:
Faculty Members –
Post-Doctoral and other Research and Training Fellows –
Members-at-large –
Executive Directors – Members who are elected by the General Membership to hold office as the Executive Council
Elected Directors – A General Member who is elected by the General Members of an Academic Unit to represent that Academic Unit, or a General Member who is elected by the General Members of a non-Academic Unit that has applied to the BOD for recognition and received from the BOD a 2/3 majority vote in support of their application for recognition.
Adjunct Directors – a Member whose status is governed by their positions held on councils and committees outside of this corporation, but within Memorial University of Newfoundland. All Adjunct Directors are Ex-officio Directors, and therefore are not allowed to vote.
ARTICLES of the CONSTITUTION
ARTICLE I
NAME, AIM and OBJECTIVES
1. The Association shall be known as the Graduate Students' Union of Memorial University of Newfoundland, hereinafter referred to as the GSU, and shall be a banding together of the graduate students of this university, incorporated (1971) as a not-for-profit corporation under the Corporations Act (C-36) of Newfoundland and Labrador.
2. The GSU shall strive to give primary importance, or first opportunity, to graduate students in all areas of employment, contracts or any other venture undertaken within the Union.
3. The aims of the GSU shall be:
a. to represent graduate students' interests to the University administration and other organizations, both on and off campus;
b. to provide graduate students with an educational, social and cultural organization;
c. to foster contact and communication among graduate students;
d. to establish and promote contact with similar bodies at other universities;
e. to generate positive exposure for graduate students within and outside the university community.
4. Provided that the GSU:
a. shall not undertake any activities that would result in the revocation of its registration as a charity or as a public foundation for the purposes of the Income Tax Act;
b. shall not undertake any activities that would place it in violation of the Corporations Act, C-36;
c. shall not make non-qualified investment as defined by Section 149 of the Income Tax Act.
5. Articles are to be read with page and line priority.
ARTICLE II
MEMBERSHIP
6. The following shall be members of the GSU:
a. all graduate students registered at Memorial University of Newfoundland, hereafter known as "General Members", and
b. all other member classifications as the Directors of the GSU shall choose to admit, subject to the By-Laws.
Strike and replace “b”: moving wording from By-Law on Membership as follows:
i. Post-Doctoral and other Research and Training Fellows may become voting members, with all other applicable rights due a General Member, of the GSU on payment of the GSU membership fees and subject to the approval of the Board of Directors (BOD).
ii. Faculty members may become non-voting members of the GSU on payment of the GSU membership fees and with the approval of the BOD.
iii. Any general member of the GSU may propose the nomination of an Honourary member. A list of nominees shall be prepared by the Executive Council (EC). Honourary membership shall be conferred upon any person elected by a majority vote of the General Membership.
iv. Alumni Life Membership shall be bestowed on any General, Faculty, or Honorary Member in good standing in the GSU on graduation (in the case of General Members) and payment of the Life Membership fee.
v. Faculty members, Honorary Members, and Alumni Life Members shall:
a. not have voting rights at any GSU assembly,
b. not be able to move or second motions or resolutions,
c. be permitted to participate in General Member electronic fora (such as the GSU Listserv),
d. be permitted to sit on and participate in Ad Hoc committees of the Academic and Facility Divisions only,
e. be permitted to attend Semi-Annual General Meetings (Semi-AGMs),
f. be permitted to participate in social events.
vi. Students enrolled in the Masters of Theology Program at Queen's College shall be considered to be Graduate Students for the purpose of residence in Feild Hall only.
ARTICLE III
CORPORATE STRUCTURE
7. The GSU shall be composed of two Divisions, namely:
a. the GSU Facility Division, and
b. the GSU Academic Division.
Switch “a” and “b” to match flow of rest of the Article
8. Each Division shall operate in accordance with:
a. the Articles of this Constitution,
b. the Lease Agreement between the GSU and Memorial University of Newfoundland,
c. the Corporations Act of Newfoundland and Labrador (Act C-36),
d. the Income Tax Act, and
e. the Labour Relations Act.
Strike and replace “d” and “e” with: "d. any additional federal or provincial laws that apply."
9. The GSU Facility Division shall include:
a. the Feild Hall Residence,
b. Bitters Restaurant and Lounge,
c. the Facility Management Office,
d. all office space on the Second Floor of Feild Hall except for offices occupied by the GSU Academic Division, and
e. all furniture and equipment purchased or acquired to maintain the operation of the units of the Feild Hall Residence, Bitters Restaurant and Lounge, and the Facility Management Office.
10. The GSU Facility Division shall be administered by the Facility Management Board (FMB) as set forth by the Lease Agreement for Feild Hall, under the direction of the BOD and the General Membership of the GSU Corporation.
11. The GSU Academic Division shall include:
a. the equipment and furniture purchased or acquired to maintain operation of the second floor office space of the Academic Division in Feild Hall,
b. all properties purchased with Graduate Student Membership Fees before and after the enactment of the lease.
12. The GSU Academic Division shall be administered by the Directors of the GSU as set forth by Article IV of this Constitution, under the direction of the BOD and the General Membership of the GSU corporation.
Move 11 and 12 to after 8. Keep all "facility division/management" stuff together. Better flow and organization.
13. The Graduate Student FMB shall:
a. supervise, direct, and control the operation of the GSU Facility Division of the GSU;
b. advise the EC and the BOD on all major renovation decisions of the GSU Facility Division, however retain its status as the final decision-making body in regards to decisions of renovations or repairs;
c. implement plans to safeguard Feild Hall, its contents, patrons, employees, and residents;
d. construct By-Laws regarding:
i. procedures and policies needed to operate the GSU Facility Division that do not contravene any Article of this Constitution,
ii. job descriptions of each member of the Graduate Student FMB;
e. be composed of:
i. the President of the GSU who will chair this Board,
ii. two (2) representatives to be named by the University's Office of Student Affairs and Services,
iii. a Feild Hall Representative who is a General Member and a resident of Feild Hall, whose term shall not exceed one (1) year from the date of initiation, and who is selected through a majority vote by the residents of Feild Hall,
iv. two (2) Members-at-Large who are General Members and are neither residents of Feild Hall, employees of the GSU Facility Division or GSU Academic Division, nor Directors of the GSU, whose terms shall not exceed one (1) year from his or her date of initiation, and who are selected through a majority vote by the General Membership of the GSU,
v. and the Vice-President Finance (VPF).
f. If one or both of the FMB seats for the Members-at-Large is not filled by election at the Spring Semi-AGM, these positions may be filled by the BOD ( Edit: “…be filled by appointment and approval of 2/3rds of present BOD members”), following procedure outlined in Article IV Section 26. If one or both of the FMB seats for the Members-at-Large is not filled by the procedure outlined in Article IV Section 26, the EC shall solicit applications and from those applications appoint a Member-at-Large to the FMB, who shall be ratified at the BOD meeting following the appointment.
Add subsection: "i. if no one from the BOD is interested or able to fill the position then the executive council shall solicit applications and appoint a member-at-large to the FMB; who shall be ratified by the BOD."
g. If the FMB seat for the Feild Hall Representative is not filled by election at the Spring Semi-AGM, this position may be elected by the residents of Feild Hall.
14. Enactments, amendments, or repeals of the By-Laws of the FMB must be approved by a two-thirds (2/3) majority vote at the next Semi-AGM.
ARTICLE IV
DIRECTORS
15. The governing body of the GSU is the BOD and shall include Executive Directors, Elected Directors, and Adjunct Directors (Ex-officio) who shall be registered full- or part-time graduate students at the Memorial University of Newfoundland.
16. "Executive Directors" are Members who are elected by the General Membership to hold office as the Executive Council and shall include the:
a. President,
b. Vice-President Academic (VPA),
c. Vice-President Finance,
d. Vice-President Communications and Research (VPCR), and
e. Vice-President Internal (VPI).
17. An "Elected Directors" is:
a. a Member who is elected by the General Members of an Academic Unit to represent that Academic Unit, or
b. a Member who is elected by the General Members of a non-Academic Unit that has applied to the BOD for recognition and received from the BOD a 2/3 majority vote in support of their application for recognition.
c. a Member who is elected by the General membership to the GSU seat on the Board of Regents, hereinafter referred to as the 'Regent'.
d. a member who is elected by the general membership to the GSU seat on the Senate, hereinafter referred to as the ‘Senator’.
18. The Senator and Regent
a. The Senator is a member who is elected by the BOD to the GSU seat on the Senate
b. The Regent is a member who is elected by the BOD to the GSU seat on the Board of Regents.
c. The Senator and Regent shall be considered as similar to "Elected Directors" in all ways; the sole exception being that the positions are filled by election from the BOD.
19. An "Ex-officio" Director is an Executive Director, Elected Director, or Adjunct Director who acts as a Member or Director, but is not allowed to vote.
20. An "Adjunct Director" is a Member whose status is governed by their positions held on councils and committees outside of this corporation, but within Memorial University of Newfoundland.
a. All Adjunct Directors are Ex-officio Directors, and therefore are not allowed to vote.
21. Adjunct Directors of the GSU shall be:
a. all graduate student representatives chosen to sit on Senate sub-committees;
b. all graduate student representatives chosen to sit on the Academic Council of the School of Graduate Studies;
c. all graduate student representatives chosen to sit on Faculty and School Councils.
22. The conduct of Directors is governed by regulations set forth in:
a. the Articles and By-Laws of the GSU Constitution,
b. the Corporations Act - C36, and
c. Robert's Rules of Order.
23. No member shall hold more than one elected position on the Board simultaneously unless mandated by executive duties.
24. No Member shall hold any single Executive Director position for longer than twenty-four (24) months in total, or serve on the Executive Council for longer than thirty-six (36) months in total. These totals shall include time spent as an Appointed Director.
25. Executive Directors shall be elected at the Spring General Meeting of each year.
26. Elected Directors shall be elected:
a. by the Academic Unit they will represent, through procedures of that Academic Unit, or
b. by the BOD-recognized non-Academic Unit they will represent, through procedures of that non-Academic Unit.
c. the Senator is elected by the General Membership each year; in the same manner as the Executive directors.
d. d. the Regent is elected for a two-year term by the General membership in the same manner as the Executive directors.
26. The resignation of a Director becomes effective at the time a written resignation is received by the GSU, or at the calendar date and chronological time specified within the resignation, whichever is later.
a. Regents are required to provide 3-months’ written notice of resignation to the Board.
i. Elections are to occur no less than 2 months’ before the end of the outgoing Regent’s term.
b. For all other positions, it is recommended that a position holder give two (2) weeks written notice before leaving.
27. Any Executive Director vacancy will be filled through a by-election in accordance with established procedures, outlined in GSU bylaws.
28. The Directors of the GSU shall:
a. exercise the powers of the GSU directly or indirectly through the Executive Council and the employees of the Academic Division, and
b. direct the management of the business and affairs of the corporation.
29. All Directors of the GSU in exercising their powers and discharging their duties shall:
a. act honestly and in good faith with a view to the best interests of the corporation and its Membership, and
b. exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
30. A provision in contract, the Articles, the By-Laws, or a resolution does not relieve any Director of the GSU from the duty to act in accordance with Act C-36 or this Constitution, or relieve any Director from liability for a breach of Act C-36 or this Constitution.
ARTICLE V
COMMITTEES
31. The Executive Council and Standing Committees shall:
a. be permanent committees of the GSU BOD;
b. conduct all business in accordance to the Constitution of the GSU and as directed by the BOD of the GSU;
c. in the case of the Executive Council:
i. be composed only of the Executive Council,
ii. be chaired by the President and, in the absence of the President, a Vice-President in the order of the assumption of Presidential duties listed in By-Laws 15 and 16;
d. in the case of Standing Committees, be composed of the following:
i. a chairperson who normally shall be an Executive Director or any committee member voted by the committee,
ii. one (1) voting member who is an Executive Director,
iii. a minimum of three (3) additional voting members, the majority of which must not be Executive Directors,
iv. any additional voting members from the General Membership.
32. Consultants or presenters from outside any Standing Committee shall not have voting status.
33. The chairperson of a Committee shall:
a. inform all members of date, time, and location of all committee meetings,
b. ensure written reports are submitted for receivership at the BOD Meeting following the committee meeting and archived,
c. have the right to vote upon any issue at his or her discretion, but must vote last, and
d. in the case of Standing Committees, allocate committee duties among its members.
Strike “c” and replace with: “in case of a tie vote the chairperson has the right to place a tie-breaking vote at their discretion, and”
34. Standing Committees of the GSU BOD shall be:
a. the Health and Dental Plan Committee, whose terms of reference shall include:
i. review plan fees and plan design to ensure the plan efficiently utilizes graduate students’ health and dental fees
ii. monitor current and future trends in coverage to ensure the plans meet the needs of the majority of graduate students
iii. actively promote the plan to members to ensure that members are aware of opt-out deadlines, plan rules and design
iv. report at the Spring and Fall Semi-Annual General Meeting and to Board of Directors meetings a minimum of once per semester
v. adjudicate health and dental plan opt-out appeals, as necessary
vi. consist of the Vice-President Finance (Chair), the General Manager (Ex-Officio), (Add: “the Health and Dental Assistant (Ex-Officio)”), and a minimum of 3 additional members of the Board of Directors.
b. the Constitutional Committee (Add: “shall be chaired by the VPCR, and its”) terms of reference shall include:
i. reviewing all matters constitutional as directed by the BOD,
ii. acting in an advisory capacity on matters of constitutional interpretation,
iii. researching, developing and reviewing any new Article or By-Law as directed by the BOD or General Members, and
iv. reporting to the BOD relevant courses of action taken on all matters constitutional;
c. the Finance Committee (Add: “shall be chaired by the VPF, and its”) terms of reference shall include:
i. reviewing and distributing all financial information of the GSU according to Article XI, and the By-Laws,
ii. reviewing all GSU Grant Applications according to the guidelines outlined in the Policies and Procedures Manual;
iii. researching and pricing for the GSU.
iv. having access to credit cards or checks for the purpose of purchasing for the GSU.
d. the Academic Committee (Add: “shall be chaired by the VPA, and its”) terms of reference shall include:
i. ensuring strong graduate student representation on all levels of academic structure at the University, and
ii. increasing internal and external communications on all matters academic, and
iii. researching ways to improve the academic life of all graduate students;
e. the Social Events Committee (Add: “shall be chaired by the VPI, and its”) terms of reference shall include:
i. planning, scheduling, and coordinating all social and athletic events of the Academic Division,
ii. administering all funds in the GSU Academic Division Budget allocated for Social Events, in consultation with the Vice-President Finance and the Finance Committee, and
iii. consulting with the General Manager on all GSU events to be held in Feild Hall;
f. the Legal Committee, whose terms of reference shall include:
i. reviewing and advising on any agreement between the GSU and external legal council.
g. The External Relations committee, whose terms of reference shall include:
i. Recommend to the BOD which political campaigns the GSU will publicly support
ii. Shall recommend to the BOD the manner in which the political campaigns should be carried out
iii. Shall carry out the selection of conference representatives (as outlined in Article XV 94 b & c)
iv. Shall be chaired by the Vice President Communications and Research
h. The Graduate Student Awards Committee (Add: “shall be chaired by the VPI, and its”) terms of reference shall include:
i. Planning, scheduling, and coordinating the six (6) Graduate Student Awards to be categorized as follows: two (2) awards per category: Teaching, Research, and Community Service;
ii. Planning, scheduling, and coordinating the Graduate Student Awards Ceremony;
iii. Use criteria that meet the high standards of excellence in each category in order to ensure the best nominated graduate student(s) receives the Award;
iv. Report to the BOD its decision, however, without requiring BOD approval;
v. Advertising, soliciting, and publicizing of the Graduate Student Awards at least two (2) months prior to the anticipated Awards Ceremony Date; and
vi. shall be chaired by the Vice President Internal.
35. The Executive Council shall not take independent action concerning matters that fall within the terms of reference of a properly constituted Standing Committee of the Board without first consulting with the chair of the committee concerned.
Replace with the following: “When the chairperson of a properly constituted Standing Committee of the BOD is not a member of the Executive Council, the Executive Council shall not take independent action concerning matters that fall within the terms of reference of that committee without first consulting said committee's chair”
ARTICLE VI
MEETINGS
36. Meetings of the GSU shall consist of:
a. General Meetings,
b. BOD Meetings,
c. Executive Council Meetings, and
d. Standing Committee Meetings.
37. There shall be two (2) General Meetings each year:
a. the Fall General Meeting shall be held in the month of October, and
b. the Spring General Meeting shall be held in the month of March.
Add: c. motions and agenda items for a General Meeting are to be submitted in writing as a "Notice of Motion" to the BOD no later than 7 days prior to the BOD meeting immediately preceding a General Meeting.
i. the "Notice of Motion" must be approved by a 2/3rds majority of the BOD before being added as a motion or agenda item for the General Meeting.
38. When necessary, Extraordinary General Meetings may be called:
a. at the discretion of the Executive, by a majority vote of those members present at an Executive Council Meeting;
b. at the discretion of the BOD, by a majority vote of those members present at a Board Meeting;
c. at the written request of twenty-five (25) General Members of the GSU.
39. BOD Meetings shall take place monthly.
Add: a. Regular meetings of the BOD will convene at 6:00pm on the third Tuesday of each month and will adjourn when all agenda items have been dealt with, and no other business is forthcoming. The chair will declare the meeting adjourned no later than 8:00pm unless a motion to extend the meeting is approved by a 2/3 majority. The date of a regular meeting may be changed in special circumstances.
b. In months where a Semi-AGM is called the Semi-AGM takes the place of the regularly scheduled BOD meting.
b. At the July BOD meeting, at least one hour shall be set aside for a Budget presentation by the Finance Committee, who shall prepare the agenda for this portion of the meeting. Suggestions for topics to be discussed may be forwarded by members of the BOD to the VPF.
c. The agenda for regular meetings shall be approved by the Executive Committee, and shall be circulated to members of Senate by the VPCR at least five days prior to the meeting. The BOD shall not entertain at any regular meeting any discussion of, or motions concerning, documents which were not circulated to members at least five days prior to the meeting, except with special leave of the BOD.
Move from “a”: d. Special BOD Meetings may be called:
i. by the Executive Council, or
ii. by any two Board members (edit: “1/3 BOD members”) whose request is submitted to the President in writing.
iii. special BOD meeting requests should be submitted with a minimum of one (1) weeks notice.
iv. in case of an emergency the Executive Council shall endeavor to provide adequate notice to the BOD.
40. Executive Council Meetings shall normally occur once a week at a time convenient for all members. However, should the amount of business encountered not warrant weekly meetings, the President may reduce this number to no less than one (1) per month which MUST be held before the Board Meeting of that month.
41. Meetings of the Standing Committees of the GSU shall:
a. normally occur at least once per month
b. except the Legal Committee, which will meet yearly or as necessary, at a time convenient for all committee members; and
Move the sub-section to “a” and maintain as “sub-section i”:
i. except the Graduate Student Awards Committee, which shall begin meeting four (4) months prior to the anticipated Ceremony Date and continue meeting as necessary (minimum once per month) until the Ceremony has taken place.
c. must be held at least one week before a BOD meeting, and
d. the Chair shall circulate the report of the committee at least one week before a BOD meeting.
42. Only Directors or Members of the sitting Board or Committee shall be permitted in meetings, with the following exceptions:
a. consultants or presenters from outside parties shall be allowed to participate in meetings for the stated consultation or presentation;
b. General Members shall be allowed to attend, but not participate in, meetings except for:
i. meetings of the Executive Council, where only Executive Directors shall be present, notwithstanding subsection (a) above,
ii. meetings of the Facility Management Board, where only Facility Management Board members shall be present, notwithstanding subsection (a) above, and
iii. Question Period of a BOD Meeting, when General Members may also address the BOD;
c. outside parties that are not General Members shall not be permitted to be present at meetings except:
i. as outlined in subsection (a) above,
ii. upon a 2/3 majority vote of those Board or Committee members present, provided that prior notice has been given to the Steering Committee in the case of the BOD, and
iii. when a Standing Resolution exists allowing their attendance.
43. Upon the Call to Order, the Chair of any Board or Committee shall ask anyone present who is not a member of the Board or Committee to identify themselves.
44. The first meeting of a Standing Committee in a month (Edit: “an electoral tenure”) must be held in person. With the unanimous consent of the members of a Committee, any meeting (Edit: “any subsequent meeting”) of that Committee may be held via e-mail rather than in person.
45. Meetings shall be conducted according to Robert's Rules of Order, subject to the terms of this Constitution and to the By-Laws of the GSU.
Add:
46. There is to be no unauthorized audio or video recording of meetings. Under this provision "meetings" refers to, but is not limited to, Semi-AGMs, BOD meetings, and meetings of Standing Committees and Adhoc Committees of the GSU. Authorized recording is understood to be as follows:
a. Under the official capacity of the GSU using equipment purchased by the GSU for the purpose of such recording.
b. with a 2/3rds majority vote of the members present at a particular meeting.
i. a request for a vote for granting such permission should be made as early in the
meeting as possible following the Call to Order.
ii. no recording shall be performed until such a vote is taken and permission is granted.
47. Teleconferencing or webconferencing of any kind in order to conduct a meeting is not permitted.
48. Minutes of all meetings shall be kept, documenting clearly all motions passed by vote at a meeting. Such minutes shall be accessible by the General Membership upon ratification of those minutes by the BOD within one (1) week of said meeting.
a. The minutes and other books and records of the GSU, including all reports, financial records and statements, shall be kept in the GSU General Office. These books and records shall be archived in the University library after a period of five years.
ARTICLE VII
QUORUM
46. For General Meetings and Extraordinary General Meetings, thirty (30) members shall be considered a quorum.
a. If at any General Meeting or Extraordinary General Meeting, no quorum is present when called, that meeting shall be rescheduled for a date not less than one (1) and not more than two (2) weeks later.
b. If at the rescheduled meeting, no quorum is present when called, procedures shall follow at the discretion of the BOD.
47. For Meetings of the BOD, ten (10) Directors, exclusive of Ex-officio Directors, shall constitute a quorum.
a. If at any Board Meeting, no quorum is present when called, that meeting shall be rescheduled for a date not less than twenty-four (24) hours and not more than seven (7) days later.
b. If at the rescheduled meeting, no quorum is present when called, procedures shall follow at the discretion of the Directors of the Board present at that meeting.
48. For Meetings of the Executive Council, a quorum shall consist of three (3) members of the Executive.
49. For Meetings of Standing Committees, a quorum shall consist of five (5) members including the chair.
a. No standing committee will meet with less than three (3) members.
Add: b. If quorum is not met on a matter and a Standing Committee requires a decision then the BOD will vote on the matter with a 2/3rds majority vote of BOD members present to pass the motion.
i. in such emergency situations the BOD listserve may be used with deadlines for responses from the BOD being included in such communications on a per case basis.
Add: 50. A lesser quorum of 1/3 of the standard typically necessary for a meeting shall be applied during the summer semester for EGMs or any BOD meeting.
a. This lesser quorum may be applied to other situations outside of the summer semester where General Member population circumstances match those of the summer semester at the discretion of the Executive Council.
ARTICLE VIII
MEMBERSHIP FEES
50. Each semester, all graduate students will be required to pay a GSU membership fee as set by the GSU BOD in accordance with GSU By-Law #41. (reference edit: #43)
51. Non-student or Alumni life membership shall be granted, according to the terms of the By-Laws, on payment of a life membership fee of fifty (50) dollars.
Add: a. The VPF shall collect the Alumni Life Membership Fee and the VPCR shall maintain an accurate list of all such members
52. Amendment to the GSU membership fee in Article VIII Section 49 shall be decided by the General Membership through referendum only.
ARTICLE IX
AMENDMENTS
53. The Articles of the Constitution may be amended:
a. at a General Meeting,
b. at an Extraordinary General Meeting, or
c. by a Referendum.
54. A two-thirds (2/3) majority of votes cast shall be required for the adoption of any amendment to the Articles.
55. Proposed amendments shall be made available to all members two (2) weeks in advance of the time of voting through the BOD, the GSU website, list-servers and any other applicable means.
ARTICLE X
REFERENDA
56. A referendum may be held at the discretion of the BOD. (Edit: “…may be held at the discretion of 2/3rds of the BOD.”)
57. Two months prior to the date of voting, the GSU Executive shall give two weeks notice for nominations of:
a. Campaign Officers representing each case of the voting issue, who shall be General Members and may be Executive Directors, and
b. a Returning Officer, who shall be a General Member but shall not be an Executive Director.
58. The appointment of all officers shall be ratified by the BOD. (Edit: “…ratified by the BOD by a simple majority (50% + 1) vote.”)
59. In the absence of nominations for at least two Campaign Officers, the referendum will proceed at the Board's discretion.
60. Upon request the GSU will provide equal funding for each Campaign Officer for the purposes of campaigns that are concerned with the voting issue ONLY. The amount of funding will be decided by the BOD. (Edit: “…will be decided by the BOD by a simple majority (50% + 1) vote.”)
61. Notice of the Referendum and each question as it will appear on the voting ballots, with campaign material supplied by each Campaign Officer shall be distributed to the General Membership no later than one month prior to the set voting date.
62. Voting shall normally be by secret ballot, via a secure electronic voting method approved by the BOD.
a. The voters list shall consist of all currently registered graduate students. The list shall be requested from the School of Graduate Studies no later than two weeks prior to the start of voting.
b. A record of all graduate students who have submitted an electronic ballot shall be kept for a period of one calendar year.
c. The results are to be tabulated and validated by the Returning Officer at a date no later than one (1) week after the final day of voting.
63. Voting shall be conducted with the ranking system as follows:
a. Voters shall be asked to rank the ballot choices, with 1 being best, 2 being 2nd best, etc. A voter may rank as many or few of the choices as they wish, so long as they do so sequentially (i.e. without skipping a rank).
b. When tabulating votes, only top-ranking votes (i.e. - '1' rankings) shall initially be counted. If one choice receives >50% of these votes, they shall be declared winner. If no choice receives >50% of these votes, then the choice with the fewest votes will be eliminated, and those ballots with this choice ranked as #1 shall be redistributed to their next-ranked choice. If such a ballot has no other choice ranked, then it shall be removed from tabulation. This process of elimination of the choice with the fewest ballots and reallocation of its ballots shall continue until one choice receives >50% of the available ballots.
c. Only ballots with sequential rankings can be reallocated. If a ballot has a skipped rank, then ranks after the 'gap' shall be ignored. e.g. A ballot with choices ranked 1 and 3, but others unmarked, shall be counted towards its 1- ranked choice, but cannot be reallocated to any other candidate.
d. In the event of a tie between two choices with the fewest ballots, the tie shall be broken by eliminating the one with the fewest next-number ranked ballots. e.g., If a tie exists for fewest 1-ranked ballots cast between choices A and C, then whichever has the fewest 2-ranked ballots in the total pool of remaining ballots shall be eliminated.
Edit: Section being removed as rank system voting does not apply to referenda as they are Yes/No question.
64. For each Referendum question, the choice which obtains the plurality of the vote shall be considered the winning choice. In the event that two or more choices each receive the highest number of votes, the tie shall be broken via an unbiased mechanism determined by the Returning Officer.
ARTICLE XI
FINANCES, SHARE CAPITAL and
DISTRIBUTION of CORPORATE PROPERTY
65. The GSU shall have no authorized share capital.
66. The GSU shall operate without pecuniary gain to its members.
67. Any profits or other accretions to the GSU shall be used only in furthering the goals of the GSU as presented in Article I.
68. Upon dissolution of the GSU, and after payment of all its debts and liabilities, all remaining property shall be distributed or disposed of (Edit: “…distributed or donated to…”) to organizations in the Province, the undertaking of which is charitable or beneficial to the community.
69. The fiscal year of both GSU Divisions will be from April 1 to March 31.
70. All expenses of the GSU shall be defrayed from:
a. the monies collected from the members as per Article VIII;
b. revenue from the Feild Hall Facility including Bitters Restaurant and Lounge and the residence;
c. the Graduate Student Development Fund;
d. other means as the GSU shall from time to time decide, subject to the restrictions of this Constitution.
71. These monies shall constitute the Union Funds, and the terms "GSU funds" or "funds" shall be considered equivalent.
72. All fund distributions shall be made within the fiscal year for expenses accrued in the fiscal year.
73. The General Manager (Edit: Add: “GSU President, and VPF”) shall have signing authority on all accounts. Any other Signing Authorities of the GSU shall be:
a. voted by the BOD;
b. for the period of their term of office.
Add: c. if the GSU President, VPF, or GM positions are unfilled then the BOD may elect alternate signatories to act in that positions stead for as long as said position remains unfilled.
ii. Alternate signatories may act in a temporary or full term capacity.
74. Budgets of the GSU shall:
a. contain budget projections for the coming year, year-to-date figures, and actuals for the previous three (3) years, as appropriate;
b. cover all operations of the GSU, including the Academic and Facilities divisions;
c. be produced and approved under the direction of each Division's governing body;
d. be submitted to the Finance Committee at least one (1) week (Edit: change to 2 weeks) prior to the Semi-Annual General Meeting;
e. be made available to the General Membership by the Finance Committee one (1) week (Edit: change to 2 weeks) prior to the Semi-Annual General Meeting.
75. Accounting of all GSU funds shall be:
a. undertaken using the University's computerized Financial Records System,
b. further developed with an internal accounting system to facilitate the production of year-end reports, budgets,
balance sheets, or any other financial document, and
c. be reconciled to the University Financial Records System statements each month.
76. Two signatures shall be required on:
a. all cheques issued,
b. all journal entries completed, and
c. all purchase orders used by the GSU.
77. General Financial Statements shall:
a. be prepared under the direction of the BOD and the Facility Management Board;
b. include at least an income and expense sheet that both corresponds to the budget in compartmentalization and reflects the total revenues and expenses in each section of the budget;
c. be made available to the Finance Committee for formatting (Edit: “be approved by the Finance committee”) at least three (3) weeks prior to of any General Meeting;
d. be made available to the General Membership by the Finance Committee at least one (1) week (Edit: “2 weeks”) prior to any General Meeting.
78. "Audits" shall:
a. fall under the expressed authority of the BOD in accordance with Act C-36;
b. be undertaken annually on both Divisions of the GSU simultaneously, by a qualified accountant and be prepared in accordance with the general audit guidelines governing not-for-profit organizations. Further audits may be called:
i. on demand by the BOD (Edit: Add: “with a 2/3rds majority vote), or
ii. on demand by the General Membership (Edit: “by the General Membership with a simple majority (50% + 1) vote at a Semi-AGM with two (2) weeks notice of the intended Audit vote.”)
79. Loans, Agreements, Contracts, or Similar entered into by the GSU shall be under the expressed jurisdiction and authority of the GSU BOD, except:
a. for the contract with the General Manager which will be a joint venture of the BOD and the Facility Management Board;
b. for any Facility contracts or leases used expressly for renovations, operations, or similar under the authority of the Facility Management Board and contained within the Facility Management Board By-Laws, as long as they do not contradict any other Article or By-Law of this Constitution;
c. for any Facility contracts used in hiring employees that are employed under the direction of the Facility Management Board or the General Manager.
ARTICLE XII
CONFLICT of INTEREST GUIDELINES
80. The pertinent conflict of interest guidelines are contained in Section 19 of the GSU Policies and Procedures Manual and as such, these sections are considered an extension of the Articles of this Constitution.
Edit: Strike and replace above with the following:
80. Each General Member has a duty to assess his/her own interests, involvement and activities and to report any real, perceived, or potential conflicts of interest. In assessing this duty, General Members should take care to disclose activity that a reasonably informed observer might conclude to be in conflict with a General Member's duties to the GSU.
81. General Members are referred to the MUN Conflict of Interest examples of “Conflict of Interest Situations” for greater certainty. When a situation arises that creates, or may be perceived to create, a conflict of interest for the General Member, he/she must disclose this prior to engaging in any activities. Such disclosures shall be made in writing. Time is of the essence in disclosing. If the General Member is uncertain whether he/she is in conflict of interest, a conflict of interest exists, or is likely to exist, he/she should seek clarification from his/her department representative of the GSU. It may be necessary that an activity be placed on hold pending an assessment.
82. A General Member shall not participate in an activity or decision that involves a real, perceived or potential conflict of interest unless such activity or decision has been disclosed to, and approved by, the BOD and if such approval has been given, any terms or conditions made by the BOD are fulfilled.
83. Any General Member who is aware of, or has reasonable grounds to believe, that an undisclosed conflict of interest exists for another General Member shall pursue the matter by one or more of the following ways:
a. Raise the matter with the General Member involved in the alleged conflict of interest and refer him/her to this Policy;
b. Raise the matter with the department representative of the General Member involved in the alleged conflict of interest if it appears that the Policy has not been followed by the General Member, or where raising the issue with the General Member is inappropriate in the circumstances; and/or
c. Report the matter under the provisions of the MUN Protected Disclosure Policy.
84. A conflict of interest may, in certain cases, be permitted when it can be managed in a way that protects and serves the integrity and interests of the GSU, including its ethical, legal and contractual obligations, and will stand the test of reasonable and independent scrutiny.
85. Assessing real, perceived or potential conflict of interest requires the collection, use, possible disclosure and retention of personal information as defined in the Access to Information and Protection of Privacy Act of Newfoundland and Labrador and the Privacy Act of Newfoundland and Labrador. The GSU will conduct all conflict of interest activities pursuant to this Policy in compliance with these Acts and with the University's Privacy Policy.
86. Records created as a result of actions under this Policy will be managed in accordance with the GSU’s Records Management Policy, and will be under the management of the VPCR.
87. While holding office, no Executive Director shall serve as an employee of the GSU or Facility Management Board.
88. Penalties for contravening the conflict of interest guidelines follow Article XIII.
ARTICLE XIII
CENSURE, REPRIMAND and VOTE of NON-CONFIDENCE
83. The BOD may Censure or Reprimand any:
a. Director,
b. Members(s) on GSU committees, or
c. employee(s) of the GSU Academic Division.
84. Notice of Censure or Reprimand shall be presented in the form of a motion to be submitted one (1) week (Edit: “9 days”) prior to a meeting of the BOD.
a. A motion to Reprimand must be accompanied with a motion concerning a proposed course of action which may include, but is not limited to:
i. suspension from duty, and/or
ii. suspension of honoraria or pay.
b. This (these) course(s) of action must be voted upon separately.
c. No debate or verbatim is allowed until:
i. the individual charged has been notified in writing,
ii. the motion has been received in committee (Strike and replace: “served with due notice”), and
iii. the individual charged has been given the opportunity for defense.
d. The individual charged is considered censured upon a majority (2/3+1) vote of ALL Directors (Strike and replace: “censured upon a 2/3rds vote of BOD members present at the BOD meeting at which the motion is being voted on.”), not including the censured individual, who respond to the call for censure within one (1) week following notification of censure.
e. Upon a passed motion to censure, the censured individual is required to resign (Edit: add: “immediately”).
f. The individual charged is considered reprimanded upon:
i. a majority vote of (2/3 + 1) of all attending Directors not including the reprimanded individual. (Strike and replace: "a 2/3rds vote of BOD members present at the BOD meeting at which the motion is being voted on, excluding the individual to which the motion
of reprimand will apply.")
g. Upon a passed motion to reprimand, the reprimanded individual shall not be required to resign.
85. Notice of intent to call for a Vote of Non-Confidence must be in the form of a written motion and be submitted to the GSU office one week (Edit: “2 weeks”) prior to the date of the upcoming General Meeting.
a. Any member holding office in, or under, the GSU shall resign if he/she receives a Vote of Non-Confidence supported by a two-thirds (2/3) majority of those members attending a General Meeting.
i. He/she shall hold office until his/her successor is elected or appointed. (Strike and replace: “He/She must resign immediately.”)
ii. Any resigned officer shall be eligible for re-election (Edit: Add: “…but not for the same position from which they resigned”).
b. The BOD shall resign if it receives a Vote of Non-Confidence supported by two-thirds (2/3) majority of those members attending a General Meeting.
i. The present Board shall hold office until their successors are elected or appointed.
ii. The BOD shall be responsible for organizing elections for a new Board.
iii. Members of the out-going Board shall be eligible for re-election.
ARTICLE XIV
STANDING RESOLUTIONS
86. A book of Standing Resolutions shall be kept by the BOD and distributed attached to the GSU Constitution.
87. Standing Resolutions shall be:
a. adopted or rescinded upon a 2/3 majority vote of those Board or Committee members present, and
b. suspended upon a 50% + 1 vote majority of those Board or Committee members present.
ARTICLE XV
CONFERENCE REPRESENTATION
88. Only GSU members (Strike and replace: “General members”) shall be allowed to be Conference Representatives at sanctioned conferences.
89. Representatives for non-student issue conferences such as charity drives, special interest group rallies, and similar shall not be funded.
90. No more than two (2) GSU members per conference shall be funded for conferences located off of MUN university (strike: redundant) grounds.
91. Whenever possible, the Conference Representatives must vote according to the direction of the BOD on all motions. If direction from the BOD is not possible, the representative must vote with the general interest of the GSU in mind.
92. GSU members who are currently employed, executives (paid or unpaid), or hold other controlling (paid or unpaid), office (paid or unpaid) or other positions (paid or unpaid) in the conference’s host group shall not be GSU Conference Representatives.
93. Conference Representatives must report, either separately or jointly, to the BOD on issues discussed at student issue conferences in both a detailed written report and oral presentation.
a. Written reports must be submitted to the BOD listserv at least one (1) week prior to the BOD meeting immediately after a representatives return date, provided that the BOD meeting is not within 12 days of the return date. If this is the case, the report must be submitted to the BOD listserv no later than three (3) weeks after the return date.
b. Written reports must include how representatives voted on motions and the final results of these motions.
c. Oral presentations to the BOD shall be no longer than 20 minutes, with a question period following, and shall occur at the BOD meeting immediately following the submission of the written report.
d. Representatives failing to comply with section (a), (b) or (c) will not be considered for Conference Representative positions at future conferences.
e. Requests for submission extensions for the written report and/or the oral presentation to the BOD, and reconsideration for attendance at future conferences will be considered by the BOD in extenuating circumstances only and must be submitted to the Steering Committee in writing.
f. Written reports shall be available to any member, kept on file for a minimum of five (5) years, and posted to both the GSU-L listserv and the GSU website.
94. Conference Representative positions shall be advertised at least two (2) weeks prior to any conference, or immediately
after notice is received of a conference if within the two (2) week period.
a. Members interested in positions shall send applications to the GSU by the deadline outlined in (91). (Strike and replace: "...by the deadline outlined in the position advertisement.")
b. The External Relations Committee shall select Conference Representatives from the applications where priority will be given to applicants who:
i. Demonstrate prior interest/involvement in student government and related issues.
ii. Demonstrate strength in leadership abilities, public speaking and report writing.
iii. Have not been a Conference Representative within the last fiscal year.
c. Applications may be taken after the deadline or a re-advertisement completed at the discretion of the External Relations Committee where applicants fail to meet the criteria in (b).
ARTICLE XVI
BY-LAWS
95. All decisions of the BOD or of a General Meeting, intended to stand as having the force of law within the Academic Division of the GSU, rather than merely having the force of a resolution expressing the opinion of the Academic Division of the GSU, shall be enacted and recorded as By-Laws.
96. By-Laws may be enacted, amended or repealed (Edit: “enacted, amended, suspended, or repealed”) at any meeting of the BOD, if the proposed By-Laws, amendments or motions for repeal are included in the agenda, or by leave of the Chair.
97. The enactment, amendment or repeal (Edit: “enactment, amendment, suspension, or repeal”) of any By-Law shall require a two-thirds (2/3) majority vote of all Directors present at a meeting of the BOD.
BY-LAWS of the CONSTITUTION
(Includes all recent BOD approved edits with the exception of:
- Amount for “Additional GSU Club Funding”
By-Law on By-Laws
1. By-Laws are to be read with line priority within titled sections, and within the numbered By-Laws and their sub-sections contained thereafter.
2. A copy of the By-Laws will be available in electronic format, via the GSU website, to all members of
the GSU at all times.
a. This information will be told to the General Members at each Semi-AGM.
Operations and Manuals
3. The GSU shall operate in accordance with, but not limited to:
a. the GSU Constitution and By-Laws
b. applicable sections of the University Policies and Procedures Manual
c. the BOD Manual
d. the GSU Policies and Procedures Manual
e. the Executive Assistants Manual
f. additional employment manuals.
4. These manuals shall be updated every 2 years, as necessary (except for the University's Policies and
Procedures Manual) according to the articles and By-Laws, or by direction of the Executive Council.
Membership
5. Post-Doctoral and other Research and Training Fellows may become voting members, with all other applicable rights due a General Member, of the GSU on payment of the membership fees and subject to the approval of the Board.
6. Faculty members may become non-voting members of the GSU on payment of the membership fees and with the approval of the Board.
7. Any member of the GSU may propose the nomination of an Honourary member. A list of nominees shall be prepared by the Executive Council. Honourary membership shall be conferred upon any person elected by a majority vote of the General Membership.
8. Alumni Life Membership shall be bestowed on any Member in good standing in the GSU on graduation and payment of the Life Membership fee.
9. Faculty members, Honorary Members, and Alumni Life Members shall:
a. not have voting rights at any GSU assembly,
b. not be able to move or second motions or resolutions,
c. be permitted to participate in General Member electronic fora (such as the GSU Listserv),
d. be permitted to sit on and participate in Ad Hoc committees of the Academic and Facility Divisions only,
e. be permitted to attend General Meetings,
f. be permitted to participate in social events.
10. Students enrolled in the Masters of Theology Program at Queen's College shall be considered to be Graduate Students for the purpose of residence in Feild Hall only.
Duties of Executive Council
10. In addition to duties contained in these By-Laws, all Executive Directors shall perform other duties at the direction of the
Board.
11. All Executive Directors shall adhere to the legislation of the Board on all matters pertaining to their individual duties and
on all matters engaged as a group.
12. Any Executive Director may delegate authority with the approval of the Executive Council.
13. Each member of the Executive Council shall:
a. address any issue pertaining to graduate students, under their respective areas, that
i. can be negotiated with University bodies with a view to improvement of services or structure,
ii. surface from time to time in the University community that directly affect graduate students,
iii. are incorporated in University policy and/or procedures that are inefficient or otherwise to the completion of a graduate degree ,or that are not acceptable by the graduate student body (General Membership);
b. be responsible for training all incoming Executive Directors, including but not limited to:
i. the preparation of a handover package for their specific office, which includes their written duties and responsibilities, explanation of these duties and responsibilities, contact information, committee involvement, and current and past projects of the specific office,
ii. the handover package must be submitted to the Chief Returning Officer at the BOD meeting immediately before the Spring Annual General Meeting,
iii. failure to comply with 13,c,ii will result in the final salary installment not being received by that Executive Director until the handover package is received by the incoming Executive Director.
c. be available to graduate students via open communication channels that may include, but are not limited to, email, office hours and telephones;
d. search out potential Academic Representatives and Committee members for the GSU;
e. provide a written report to the BOD seven (7) days prior to each BOD or General Meeting, which shall include:
i. summaries of all meetings attended,
ii. summaries of current events and issues,
iii. a statement and dates of any absences from campus during the period between BOD meetings;
f. consult with the General Manager on any issue that is under the Manager's jurisdiction or may be under the Manager's jurisdiction.
14. The President shall:
a. be ultimately responsible for the guidance of the affairs of the GSU;
b. assume the responsibilities of any absent Executive Director or vacant Executive Council position, or to ensure that these responsibilities are fulfilled by some other means;
c. coordinate all activities of the Executive Council as the Chair of the Executive Council in an organized and efficient manner;
d. be one (1) of the GSU representatives on the Senate;
e. be the ex-officio GSU representaive on the Academic Council of the School of Graduate Studies;
f. be an ex-officio member of all standing and ad-hoc committees of the GSU, but is not required to attend;
g. report on the general progress of the GSU at the Spring and Fall General Meetings;
h. shall chair the Legal Committee.
i. Have the responsibility to ensure a Staff Relations officer is selected in May for the academic year. The Staff Relations Officer will preferably be an executive member who has relevant experience. The executive shall recommend one executive member to be ratified by the Board of Directors. In the event that no executive member feels capable or impartial, or in the event that no consensus can be reached amongst executive members, the board shall select, by majority vote, either an executive or Board member to serve in this role. In the case in which no executive or Board of Directors member can fill this role, the position will be advertised to the general membership. The Staff Relations Officer shall:
i. Act as the liaison on behalf of GSU employees and mediate disputes of GSU employees,
ii. Not be a former employee of the Facilities Management Board (to ensure impartial relations),
iii. Schedule Sexual Harassment training for the Staff of the Facilities management Board and the Board of Directors in the fall of each academic year,
iv. Have the right and responsibility to report to the Facilities Management Board.
15. The Vice-President Academic shall:
a. be responsible for the guidance and affairs of the GSU in the absence of the President;
b. ensure adequate graduate student representation on the boards, committees, and faculties of the University;
c. ensure academic and non-academic unit director postions on the BOD are filled;
d. encourage the collection of input from graduate student representatives on the boards, committees, and faculties of the University;
e. be the GSU representative on the:
i. Senate,
ii. Academic Council of the School of Graduate Studies, and
iii. Appeals Committee of the School of Graduate Studies;
iv. Academic Council Executive of SGS
v. Senate Executive
f. be aware of the academic needs of the graduate students of each department through active communication with the Academic Unit representatives;
g. provide a support network or access to same for graduate students in academic disputes, needs, or otherwise;
h. chair the Academic Committee of the GSU.
i. The VPA will organize a workshop during Gradfest and Winterfest which will highlight the various academic-related services offered by the GSU and the University. This workshop will be advertized with a special budget of $100.
16. The Vice-President Finance shall:
a. be responsible for the guidance and affairs of the GSU in the absence of the President and the Vice-President Academic;
b. work in conjunction with, but not usurp the authority of the General Manager;
c. act as an agent for the Board in overseeing any properties, as defined in Article III, owned totally or in part, leased, or similar, by the GSU in accordance with the policies of the BOD;
d. supervise all GSU Administrative accounts held through the Financial and Administrative Services of the University;
e. oversee all matters pertaining to security of files, equipment, and similar in accordance with, but not limited to, any relevant sections of the GSU Policies and Procedures Manual;
f. in consultation with the University Financial and Administrative Services and/or any GSU managers, supervisors, and/or the Finance Committee, make recommendations concerning financial policy to the Board;
g. review the accounting procedures from time to time with a view towards improving them, in consultation with the General Manager and/or appropriate individuals;
h. cooperate directly with the General Manager of the GSU to:
i. keep clear and accurate records of all financial transactions of the GSU,
ii. prepare and present statements of the accounts at the request of the Board,
iii. lead in the preparation of the estimates of the budgets for the various units of the GSU,
iv. review the collection of GSU Academic Fees in cooperation with the Financial and Administrative Services of the University,
v. review and authorize all Travel Claim applications as they are received and ensure accurate records of all successful applicants are retained on file,
vi. be responsible for the collection of all GSU Life Membership Fees;
i. upon receipt of an official notice from an organization that the GSU holds a membership in, ensure the timely payment of those membership dues
j. upon receipt of an invoice for registration fees for official GSU Conference Representatives, ensure the timely payment of those fees
k. chair the Finance Committee of the GSU
l. be the GSU representative on the Senate Planning and Budget Committee.
m. The VPF will organize a workshop during Gradfest and Winterfest which will highlight the various academic-related services offered by the GSU and the University. This workshop will be advertized with a special budget of $100.
17. The Vice-President Communications and Research shall:
a. be responsible for all typewritten and electronic records of the GSU;
b. overee all minutes, reports, and similar including, but not limited to, all meetings of the Executive Council, the Board, Committees, and General Membership, and to make sure such minutes, reports, etc. are presented to said bodies for approval at subsequent meetings;
c. immediately incorporate any enactments, amendments or repeals of the Articles or enactments, amendments, repeals, or suspensions of the By-Laws of this Constitution approved by the BOD or General Membership, and
i. make the updated document available upon request,
ii. strive to eliminate any outdated editions of the Constitution;
d. notify all applicable members of the time and place of all BOD meetings and General Meetings of the GSU and to provide them with an agenda approved by the respective body.
i. notification of meetings of any Standing or Ad-Hoc Committees are the responsibility of the Chair of that committee.
e. prepare and maintain all filing systems of all minutes, reports, correspondence, or other records as outlined in the GSU Policies and Procedures Manual that pertain to any body of the GSU;
f. be responsible for all dealings with external agencies for the Academic Division of the GSU;
g. make recommendations to the Board on all aspects of publicity;
h. keep informed of external affairs which relate to graduate students and to report such to the Board;
i. foster communication among graduate students by utilizing campus media in order to keep graduate students informed;
j. organize and maintain the GSU notice boards;
k. chair the Steering Committee of the BOD;
l. shall chair the Constitutional Committee;
m. Chair the External Relations Committee;
n. plan, organize and coordinate the Aldrich Interdisciplinary Conference and in conjunction with, but not usurping the authority of, the School of Graduate Studies the Aldrich Interdisciplinary Lecture
o. be the CFS Local 100 representative on the Newfoundland and Labrador Canadian Federation of Students Board of Directors
p. The VPCR will organize a workshop during Gradfest and Winterfest which will highlight the various academic-related services offered by the GSU and the University. This workshop will be advertized with a special budget of $100.
18. The Vice-President Internal shall:
a. prepare in consultation with the Vice-President Finance and the Finance Committee an estimate of expenditures for all planned social events funded by the Academic Division of the GSU;
b. cooperate with the General Manager for events sponsored by the GSU Academic Division, concerning:
i. booking and operating any event,
ii. ordering, purchasing, and/or delivery of all foods, beverages, or other materials not normally available through the Facility that are required for the execution of any event;
c. negotiate with the General Manager and/or the Facility Management Board any remuneration, contracts, sponsorships, or agreements that may occur from said events with a view towards reasonable compensations for both divisions of the GSU;
d. ensure at least one member of the Social Events Committee is present at each social event sponsored by the Academic Division of the GSU, and for that person to be responsible for the organization and running of the event;
e. plan, organize and coordinate Fall and Winter Gradfest;
f. chair the Graduate Student Awards Committee;
g. be the GSU representative on the Celebrate Memorial Committee;
h. foster interactions between graduate students and faculty across disciplines, both socially and recreationally;
i. serve as a liaison between the GSU and the Office of Student Affairs and Services to ensure that all graduate students are cognizant of the programs and services available to them;
j. annually prepare a list of all clubs, societies, and resource centres recognized by the GSU
i. this list shall be submitted to the BOD and publicized to the General Membership.
k. coordinate the ratification of new clubs, societies and centres by the GSU;
i. act as an advisor for these organizations to optimize their service to graduate students;
ii. act as the liaison for Intramural Athletics;
l. chair the Social Events Committee.
m. considering the suggestions of the VPA, VPF, and VPCR, the VPI will set aside blocks of time during Gradfest and Winterfest for the workshops organized by the VP Academic, the VP Finance, and the VP Communications. The VPI will also help advertize these various sessions.
Duties of Directors
19. Directors shall:
a. conform to the duties of Directors presented in Article IV;
b. where applicable, conform to the duties of Representatives on External Committees as outlined in By-Law 20;
c. present the wishes of graduate students in their respective academic units during Board Meetings;
d. be responsible for informing graduate students in their respective academic units of the proceedings of the GSU;
e. act as a contact person for the GSU for their respective academic units;
f. be familiar with the pertinent documents on file and available from the GSU office including:
i. GSU Constitution and By-Laws,
ii. BOD Manual,
iii. GSU Policies and Procedures Manual,
iv. Robert's Rules of Order, and
v. any document referred to in the GSU Constitution and By-Laws.
g. duly report back to the Board from governing bodies to which they are elected.
Duties of Representatives on External Committees
20. Representatives on External committees shall:
a. attend all meetings of the committee on which they sit;
b. in the event that they are unable to attend a meeting of the committee, ensure that a delegate attends on their behalf (if permitted by said committee);
i. should a representative fail to attend, or send a proxy to (when permitted by said committee), three (3) meetings then that representative will be removed from the committee.
c. be responsible for forwarding a copy of the agenda and minutes of each committee meeting to the Executive Assistants;
d. complete and submit the required External Committee Forms provided by the VP Academic;
e. when appropriate, communicate matters of particular importance to the BOD.
Duties of Executive Assistants
21. Executive Assistants shall:
a. be responsible for the day-to-day operation of the GSU office(s) as outlined in the Executive Assistants Manual.
Elections
22. An Electoral Committee shall be struck by the Board of Directors. The chair of the committee will be the Vice-President Communications and Research, or in the event of the same being a candidate for office, by some other individual not running for office, who shall be appointed by the Board of Directors
a. The Electoral Committee shall be struck at the BOD Meeting in the month preceding the Spring General Meeting.
b. The Committee shall be responsible for working with the Chief Returning Officer to coordinate the election, which shall include seeking candidates for election, coordinating logistics, and adjudicating appeals.
c. The Board of Directors shall appoint a Returning Officer (CRO), at the September BOD meeting. The CRO will
be remunerated two hundred and fifty dollars ($250) in each of the Fall and Winter semesters.
d. Nominations shall be opened at the BOD Meeting immediately prior to the General Election.
e. Nominations shall be received by the Electoral Committee no later than 4:00PM ten days prior to the General
Meeting. At this time, nominations shall close, and nominations for elected positions shall not be accepted after
this time. In the event the University is closed for part or all of the last day open for nominations, the close of the
nominations period shall be 4pm on the following business day.
f. Any position which remains without a candidate after the close of nominations can have nominations submitted
on the floor at the General Meeting.
g. Nominations for executive positions shall include the name of the candidate, nominator, seconder, and be
accompanied by at least 10 signatures of members of the GSU. All of these principals shall be members of the
GSU. All signatures shall be accompanied by a valid student number. BOD positions will not require ten (10)
signatures for nomination.
h. In the case of an election or by-election, none of the members of the Electoral Committee shall be eligible to run
for a position to be elected in the election.
23. The responsibilities of the Chief Returning Officer (CRO) shall be as follows:
a. The Chief Returning Officer shall receive nomination forms, announce candidates, publicize the election,
announce the results and undertake any other duties required to carry out the election, by-election and/or
referenda in accordance with the GSU Constitution, Bylaws and Electoral Policy.
b. The CRO shall have the authority to determine campaign and election rules which are not established in the GSU
Constitution, Bylaws or Electoral Policy. These rules are subject to the approval of the Electoral Committee and
shall be made available to all candidates.
c. The CRO is responsible for informing members of the GSU of electoral results, through e-mail to the general list
serve and by other means as deemed suitable by the Electoral Committee.
d. The CRO and the Electoral Committee shall be responsible for interpreting the rules as established by the GSU
Constitution, Bylaws and Electoral Policy.
e. The CRO shall be responsible for insuring that candidates receive a copy of the GSU Constitution, Bylaws and
Electoral Policy prior to the start of campaigning.
f. It shall be the responsibility of the CRO to arrange for the election of departmental representative(s) to the BOD
at the same time as the general elections. The nomination and campaigns period shall be identical to that for the
election of Executive members.
24. Elections shall commence when the Spring General Meeting is called to order, and shall continue for a period of two days
following the General Meeting to be closed on the second day by 4:00 PM or at the discretion of the Returning Officer.
a. Voting shall be conducted in accordance with Article X, Section 63. The voting process shall be overseen by the
Chief Returning Officer in conjunction with the Electoral Committee.
b. Voting shall be conducted with the ranking system, as described for referenda (Article X, Section 62).
c. In the event of only one candidate being nominated for a position, he or she shall be declared elected by
acclamation.
d. Voting shall commence when the general meeting is called to order and shall continue for two days.
e. The newly elected (or acclaimed) Executive Council members shall take office on May 1 following the official
announcement of results.
f. A record of all graduate students who have voted, and a paper copy of the ballots shall be kept for a period of one
calendar year.
g. The Chief Returning Officer shall count the ballots in the presence of the Electoral Committee.
h. All other representatives serving on university committees, or councils may be filled by volunteers from those
attending the assembly.
25. Candidates for the Executive Council, Senate, Board of Regents and Board of Directors may conduct campaigns in
accordance with the GSU Electoral Policy.
a. In an election, each candidate shall be limited to a total expenditure of no more than $75.00 for positions on the
executive, Board of Regents and Senate, or $25.00 for BOD positions, on any and all campaign materials
including, but not limited to, posters, pamphlets, media advertisements, buttons, and clothing.
b. Candidates must submit receipts for all campaign materials to the Chief Returning Officer no later than one week
following the close of voting. Failing to submit receipts will result in disqualification.
c. The GSU Electoral Policy will be maintained by the Vice-President Communications and Research.
d. The GSU’s membership listserve may be used for campaigning purposes. Each candidate will be limited to two
postings throughout the course of the campaign, except where a listserve member has asked a direct question and
requires a response.
e. The GSU’s Board listserve may not be used for campaigning purposes.
f. GSU establishments/services shall not endorse any candidates in GSU elections.
g. Candidates may speak on their own behalf during the General Meeting, or have a prepared statement read. The
length of speeches shall be determined by the CRO in advance of the meeting. A brief question period shall
follow each speech.
h. Candidates who violate the campaigning regulations shall be disqualified from the election. The CRO shall be
responsible for determining whether regulations have been contravened.
26. By-elections
a. By-elections will be held in accordance with the procedures established for general elections as outlined in
Sections 22-25 of the GSU bylaws. Timing for bylaws shall be similar to that of general elections and be set by
the Electoral Committee.
b. By-elections may not be held between May 1 and September 1, nor two months prior to the Annual General
Meeting.
Standing Committees of the Board
27. The Standing Committees of the Board shall be formed at the first Board Meeting after the Spring General Meeting.
28. In the event that any of these positions cannot be filled from the elected Board, the Board may search for and appoint any member of the GSU as Chairperson or member of any Standing Committee.
29. The Chairperson of the Standing Committee shall be empowered to search for and appoint members of the Standing Committee from the General Membership.
30. The names and addresses of all members of the Standing Committee must be presented to the Board for ratification and must be given to the Vice-President Communications for archiving.
31. The GSU President shall be an ex-officio member of the Standing Committees of the Board.
Ad Hoc Committees of the Board
32. The BOD, Executive Council, or any Standing Committee may form Ad Hoc Committees at any time as deemed necessary.
a. The Ad Hoc Committee shall report to that body under which it was formed.
33. Ad Hoc Committees shall be subject to the pertinent By-Law(s) concerning Standing Committees.
34. The final report of any Ad Hoc committee shall be submitted in writing to the Board or Committee under which it was formed at least two (2) days before it is officially presented.
35. After the final report of an Ad Hoc Committee has been accepted, the committee shall be deemed to have been dissolved.
36. The VPA shall keep records of all Ad Hoc Committees, and the Chairs of said committees, and will ensure that these Committees meet at least one (1) time per month or are disbanded as needed.
Attendance at Meetings
36. Any Executive Director or Elected Director who fails to attend three (3) BOD Meeting, Semi-AGM, or EGM, within a one (1) year period from the start of their position, or any representative of the BOD on another committee who fails to attend three (3) meetings of that committee, within a one (1) year period from the start of their position, shall, unless the BOD be informed of a satisfactory reason for such failure to attend, be assumed to have resigned his/her position on the BOD and/or the committee which he/she is representing the Union.
a. for each absence after three (3) the extenuating circumstances for such a failure to attend must be reported to the BOD at which time a 2/3 majority vote of BOD members present for such a vote is necessary in order for the individual to maintain their position.
37. Any Executive Director or Elected Director who fails to attend two (2) BOD Meeting, Semi-AGM, or EGM, or any representative of the BOD on another committee who fails to attend two (2) meetings of that committee, shall be notified in writing of the contents of By-Law 36 above and be asked to notify the Board in writing of their reasons for their failure to attend.
38. Department representatives that cannot attend a BOD meeting may send a proxy to serve in their stead.
a. Such proxies will have all rights and privileges of the regular representative that they are replacing for that particular BOD meeting including the right to make and second motions as well as the right to vote.
b. the use of proxies does not negate the need of the representative to explain their absence as detailed in By-Laws 36 and 37 above
Clubs, Societies and Resource Centres
38. Clubs, societies and resource centres shall be recognized by the GSU upon:
a. submission of the names of at least ten (10) members that are General Members, or
b. in cases of a sensitive nature, submission of responsibility by the head of that organization; and
c. upon approval from the BOD.
39. At least annually a list of recognized clubs, societies and resource centres shall be prepared by the VPI and:
a. submitted to the BOD, and
b. publicized for the General Membership.
40. Recognition of any club, society, or resource centre may be revoked by a 2/3 majority vote of BOD members present at any regular meeting.
Finances
41. The Executive Council shall, in all matters financial and constituted function under a fiscal year, and shall continue to administer the funds voted for that fiscal year in accordance with that year's budget.
42. All disbursements from the GSU to individuals shall be made by cheque.
43. GSU membership fees shall be set by the GSU BOD.
a. Changes to the GSU membership fees must be approved by the GSU General Membership by way of referendum to be held no later than the last day of regular classes of any semester.
b. Upon receipt of a favorable mandate from the General Membership the GSU BOD, through the Executive Council, shall inform the Board of Regents of Memorial University, requesting ratification of said changes.
c. Changes to the GSU membership fees shall not come into effect until the semester following the one in which the referendum was held.
44. The annual membership fee shall be used by the Board for the promotion of the aims of the GSU as outlined in the Articles.
45. Signing Authorities, on all accounts, shall normally be the President, the VPF, and the GM.
a. if the GSU President, VPF, or GM positions are unfilled then the BOD may elect alternate signatories to act in that position's stead for as long as said position remains unfilled.
b. Alternate signatories may act in a temporary or full term capacity.
Loan repayments
46. Loan repayments to the University shall be under the authority of the GSU BOD as per Article XI.
a. The GSU shall earmark two dollars ($2) from each member’s fees, each semester, to be used as a balloon payment to the University at the end of each semester, to offset the GSU debt.
i. This earmark shall remain in effect until the entire debt to the University is paid.
b. The GSU shall use at least 50% of any surplus funds at the end of the fiscal year as an end-of-year balloon payment to the University to offset the GSU debt.
i. This surplus payment shall remain in effect until the entire debt to the University is paid.
Executive Wages
47. Salary for the members of the Executive Council shall be dispersed bi-weekly through MUN Financial and Administrative Services as follows:
a. the President shall be paid $15/hour per 15 hours/week per bi-weekly pay period;
b. each Vice-President shall be paid $11/hour per 13 hours/week per bi-weekly pay period;
c. no salary shall be paid for work performed after an Executive member has:
i. been removed from office under provisions of Article XIII, or
ii. resigned his/her position.
Honoraria
48. Elected Directors who are active members on any committees, sub-committees or ad-hoc committees of the GSU, or the university at large as a representative of Memorial's graduate students, are eligible for a personal incentive totaling fifty Canadian dollars ($50 CAD) per semester (noncumulative) provided they:
a. attend all BOD Meetings and General Meetings held in a given semester, exclusive of Special Board Meetings or Extraordinary General Meetings, or
b. attend all but one of the BOD Meetings and General Meetings held in a given semester, exclusive of Special Board Meetings or Extraordinary General Meetings; send an appointed delegate to the meeting they do not attend; and present a written letter explaining their absence to the BOD.
c. attend all meetings of the governing body to which they are elected.
49. By-Laws 47 and 48 notwithstanding, an honorarium in the amount of no more than $300 may, upon approval of the BOD, be awarded to such Executive Council members, board members, or other members of the GSU who have made an outstanding contribution to the GSU. Such an honorarium may be considered above and beyond the remuneration already received, and each individual award shall be considered on its own merits.
a. These honoraria shall be processed for payment immediately following approval or as stipulated by the BOD.
b. No more than one such honorarium per month may be granted to any single individual.
Conference Aid
50. The GSU shall provide an amount not less than 16% and not more than 20% of the total GSU academic budget for that fiscal year, for the award of grants to cover expenses incurred by GSU members while attending conferences.
a. All GSU Members are eligible to receive up to $250 per Masters Degree program or up to $500 per PhD program to aid in conference-related costs.
i. Students may choose to split this amount over several conferences, rather than applying for the entire sum at once. Thus, conference funding may be available more than once during a graduate program.
b. Students are eligible for up to $150 of the above amounts for research trips, field trips, conferences at which they are not presenting, workshops, societal meetings or seminar series that are related to their academic program.
c. Students who are participating in an out-of-province conference are eligible to apply for funding.
d. Such aid is not guaranteed and is contingent upon the availability of funds and the submission of a complete application package.
e. Such aid is available only after the conference is completed.
f. Additional criteria, policies, and procedures governing Conference Aid shall follow those outlined in the GSU Policies and Procedures Manual.
g. The availability of conference aid shall be advertised at the beginning of each semester.
GSU Grant Applications
51. The GSU shall provide an amount not less than 8% and not more than 13% of the total GSU academic budget for that fiscal year for the expressed purpose of providing funding for graduate students within academic units, graduate student societies or groups, or any other GSU recognized club, society or resource centre. A maximum of one third of the funds shall be allocated for each semester of the fiscal year.
a. Requests for funding shall be reviewed at the discretion of the Finance Committee, upon completion of the GSU Grant Application Form.
i. The review process shall follow the guidelines for Grant Applications as presented in the GSU Policies and Procedures Manual.
ii. Grants shall not typically exceed five hundred dollars ($500) per year.
b. The BOD shall approve any Finance Committee recommendation of any grant, or total combination of grants, from a single applicant as soon as their total grants for that fiscal year exceed, or may exceed, five hundred dollars ($500).
c. grant application submissions shall be presented by the applicant to the Finance Committee in an appropriate, professional, and formal manner a reasonable amount of time prior to the event date. The applicant shall give a further presentation outlining the expenditure of the grant within two (2) months after the event date, when requested by the Finance Committee. This post-event presentation shall be given to the BOD.
d. All policies, procedures and regulations, explicit or implicit, contained within the Grant Application Form must be followed. Any breach of these policies, procedures or regulations shall constitute a breach of contract.
e. The Finance Committee may postpone funding decisions pending committee research into whether items or projects can be purchased or accomplished in a more cost effective way.
f. The Finance Committee shall purchase items whenever possible in order to take advantage of the GSU's purchasing power and HST refunds.
g. Applications must be signed by the Applicant, who shall accept all responsibility, legal or otherwise, for any grant that may be awarded.
h. New funding criteria must be approved by the BOD and incorporated into the Policies and Procedures Manual.
i. The Finance Committee shall provide the BOD with a list including, but not limited to, the grant amount(s) awarded and project title(s), of all successful applicants.
Additional GSU Club Funding
52. Requests for additional funding by recognized clubs, societies or resource centres shall be reviewed upon completion of the GSU Grant Application Form as outlined in By-Law 51 with the following exceptions:
a. grants for such clubs and societies typically shall not exceed X Canadian dollars ($X CAD) per fiscal year;
b. These funds to be drawn from the amount set aside in By-Law 51
Charitable Contributions
53. Each year fifteen hundred Canadian dollars ($1500 CAD) shall be donated to the Campus Food Bank. The Graduate Student Development Fund shall be used to subsidize this donation up to $1500 should fund-raising efforts prove insufficient.
Health and Dental Plan Administrator
55. As per the GSU General Manager job description, the general manager shall also act as the Health and Dental Plan Administrator. For this work the academic division of the GSU shall remunerate his or her services as per the contractual agreement.
Standing Resolutions
of the Board of Directors
Meetings
1. Two members from The MUSE are permitted to attend Board meetings.
Labour Union Support
3. The Graduate Students’ Union of Memorial University of Newfoundland shall formally support the Teaching Assistants’ Union of the Memorial University of Newfoundland (TAUMUN).
4. The Graduate Students' Union support and participate in the campaign to unionize lecturers and per-course-instructors (the Lecturers’ Union of Memorial University of Newfoundland – LUMUN).
GSU Staffing Policy
7. Drinking among workers can threaten public safety, impair job performance, and result in costly medical, social, and other problems affecting employees and employers alike. Besides these issues, employees of the Graduate Students’ Union represent the GSU to its members and the general public on a daily basis. For these reasons drinking alcohol or consuming any alcoholic beverages whatsoever or being impaired will not be permitted during official work hours of employees of the Graduate Students’ Union of Memorial University of Newfoundland.
(For review and consideration of incorporating into this Con.)
MUNSU CON:
Section 7
Referenda
1. Referenda may be initiated at any time by the Board of the Memorial University of Newfoundland Students’ Union, or a petition of the union members. A referendum of issue to all students may only take place in the Fall or Winter semesters.
2. In the case of the Board calling the referendum, the meeting must have a quorum of 2/3 of elected members of the Board, and the question must be passed by 2/3 of those present. The Board shall be responsible for determining the exact question and voting dates.
3. Union members may initiate a referendum by filing a petition containing the signatures of 5% of the Union members. The petition must contain the question and the purpose of calling the referendum. It must also contain the date of the commencement and shall be invalid if not presented within three weeks to the Executive, Chairperson of the Board, or Resource Coordinator.
4. Within one week, the Board must meet and set the dates for the referendum. The referendum must not be held more than four and not less than two class weeks from the meeting calling the referendum.
5. The question of referendum shall be published by appropriate student media at least two weeks before the referendum is to be held.
6. One week’s notice of a public meeting, chaired by the Chief Returning Officer, will be given from the call of a referendum. The purpose of this meeting shall be to provide the opportunity for the formation of ‘yes’ and ‘no’ committees. In the event that one or both of these committees is formed, each committee shall elect a chairperson at that meeting who will be held responsible for rule infractions and be responsible for the management of committee funds. In the event that either or both committees is not formed, the referendum shall proceed regardless.
7. The council shall make funds available to each committee equally and without prejudice. The Union shall not otherwise lend material assistance to referenda committees.
POWERS AND AUTHORIZATION
The Union is authorized and empowered to:
(1) take and hold by purchase, grant, lease, gift, donation, devise, legacy or bequest or otherwise howsoever, real and personal property of every kind, nature and description, and sell, lease, mortgage, alienate or otherwise howsoever dispose of any such real personal property as may be deemed necessary for carrying out the objects and purposes of the Union;
(2) invest or otherwise use for the objects of the Union any moneys received;
(3) enter into arrangements with any authorities, governmental, municipal, local or otherwise that may seem conducive to the attainment of the Union’s objects, or any of them, and obtain from any such authority any rights, privileges and concessions which the Union may have capacity to receive and may think desirable to obtain, and carry out, exercise or comply with any such arrangements, rights, privileges and concessions;
(4) erect, maintain, improve, repair and otherwise deal with any building or buildings in order to further the objects of the Union;
(5) borrow money for any of the purposes of the Union, and secure the repayment of any money so borrowed by any form of debenture, bond, pledge, charge, mortgage, promissory note or other security howsoever, and, without restricting the generality of the foregoing, make and issue debentures or bonds and secure the repayment of any debentures or bonds so made and issued by deeds of trust or mortgage;
(6) draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes and such other instruments as may be necessary or convenient;
(7) raise money for the objects of the Union by all suitable means; and
(8) do such other things and exercise such other powers as are incidental or conducive to the attainment of its objects or to the carrying out of any of the purposes of this Act.
CONSTITUTION
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