BOALT HALL STUDENT ASSOCIATION

BY-LAWS

ARTICLE I. THE DUTY OF OFFICERS.

A. President: The President of the Association shall be considered its chief executive officer and acts as a liaison between the student body and the Boalt faculty and administration. The President shall regularly chair meetings of the Council, or he or she may designate an alternate. The President may also grant requests by other Council members to chair meetings. The President shall ensure that public notice of meetings is provided and agendas are posted. Finally, the President shall have any additional powers and authority specified in other articles of these by-laws.

B. Vice-President: The Vice-President shall assist the President in the performance of the duties of that office and shall assume the duties of President in the event of a vacancy. The Vice-President shall also supervise the election of all committee members and delegates to the Graduate Assembly and shall serve as Student Rules Advisor.

C. Secretary: The secretary shall administer all elections and referenda according to the published election rules in Article V of these by-laws. The Secretary shall inform the Association of any changes in the Constitution or by-laws, by publication, within two weeks of their adoption. The Secretary shall also be responsible for recording and maintaining a file of the minutes of all Council meetings.

D. Treasurer: The Treasurer shall have the authority to spend money with Council approval. The Treasurer shall maintain the accounts of the Association. The Treasurer shall provide a budget report at the beginning of the Fall and the end of the Spring semesters, detailing the financial condition of the Association. The Treasurer shall also provide such periodic reports as are requested by the Council. With Council approval, the Treasurer shall have the authority to audit the financial records of any student organization receiving Association funding. Finally, the Treasurer shall supervise the process of distributing the funds of the Association.

E. Representatives: Two members of each class and one JSP and one LLM/JSD student shall serve as representatives to the Council. Each shall serve as a liaison between the Council and his or her respective class. The second-year class representatives shall have responsibility for the annual “Am Jur outlines” show and related activities. The third-year class representatives shall assist the third-year class president in the graduation ceremony and related activities.

F. Ex-Officio Representatives

Any member of the Boalt Hall Student Association, faculty, or staff may attend BHSA Council meetings subject to the exceptions for executive sessions, which are described in Article II. Reasonable efforts should be made to publicize the times and locations of Council meetings in order to facilitate attendance by these members of the Boalt community.

The Dean of Boalt Hall may appoint two representatives to the BHSA Council for the purpose of serving as liaisons between students and administrators. The Dean’s representatives should be given a reasonable opportunity to participate in discussions but may not vote or attend executive sessions (unless the Council votes otherwise). In determining a quorum, these representatives will not be counted.

ARTICLE II. THE COUNCIL.

A. Duties and Powers: The duties and powers of the Council shall include but not be limited to:

1) the allocation of Association funds;

2) the formation and appointment of ad hoc committees;

3) the selection of student representatives to serve on student-faculty committees;

4) the issuance of endorsement and policy statements on behalf of the entire Association.

The Council may also engage in any other activity it deems necessary or beneficial to the interests of the Association.

B. Meetings: The Council shall conduct weekly meetings at a previously determined time and location. All meetings, except those held in executive session, shall be public and open to the entire Association, Boalt faculty, and staff.

1. Quorum: A quorum shall be constituted by the presence of fifty percent plus one of the Council.

2. The Chair: Unless he or she otherwise designates, the President shall chair Council meetings. The chair may vote for the appointment of representatives for student-faculty committees and on the allocation of Association funds and may vote on any question in the event of a tie. The chair shall be required to pass the chair in order to be recognized.

3. Procedure: All meetings shall be conducted according to a modified form of parliamentary procedure. This shall include the need for recognition by the chair before speaking, the need to make a motion and have one seconded before discussion, and the need for a vote to approve any motion. These and any other procedural rules should be simple and designed to facilitate the flow of business. It shall be the responsibility of the chair to ensure compliance.

4. Duration: Regular meetings shall last no longer than two hours but may be extended by a vote. Any business which requires a vote shall have priority.

5. Cancellation: The President has authority to cancel meetings if in his or her discretion, no business exists and no objection is raised by another Council member. Council members must be notified no less than twenty-four hours in advance of a scheduled meeting.

6. Executive Session: Meetings held in executive session shall be closed to other than voting Council members. The President or Vice-President may call an executive session of the Council. If it is appropriate to do so in light of the subject, reasonable efforts should be made to inform the Boalt community in advance.

BHSA should hold executive sessions only when necessary. Examples of appropriate reasons to hold executive sessions include but are not limited to: to conduct interviews as part of committee appointments or funding decisions, and to discuss any relevant matter which affects individuals’ privacy or reputation, or any other sensitive matter.

Subject to such considerations as privacy or reputation, the Council should attempt to inform the members of the Association about the subjects of executive sessions and any decisions made in such sessions. A Council member may disclose his or her own vote, but shall not disclose the votes cast by other members.

7. Agendas and Minutes: Agendas and minutes shall be made available to the Council twenty-four hours in advance of each regular meeting. They shall also be posted outside the BHSA office and on the BHSA bulletin board, except that minutes of executive sessions may be kept confidential. The preceding minutes shall be ratified, subject to correction, at the beginning of every meeting. In addition, any Council member may request that an item be placed on the agenda. If time permits, the chair may recognize speakers not occupying a place on the agenda.

ARTICLE III. REMOVAL OF COUNCIL MEMBERS.

The definition of “good cause” for purposes of removal under Article VII of the Constitution shall include but not be limited to chronic absence from scheduled Council meetings. Chronic absence includes failure of a Council member to attend three consecutive scheduled meetings.

ARTICLE IV. STUDENT RULES ADVISOR.

The Vice-President of the BHSA shall serve as a Student Rules Advisor. The Advisor shall be thoroughly familiar with the Honor Code, Academic Rules, and other applicable guidelines for student conduct. Upon request by any student, the Advisor shall provide information about the rules and procedures along with peer support to any student who has been or believes he or she will be formally or informally charged with violations of those rules of conduct or to any person acting on that student’s behalf.

The Advisor shall also facilitate communication between individual students and members of the law school faculty or administration, if requested by either party. This role shall include but not be limited to the communication of concerns that arise in the course of official relations between individual members of the faculty or administrators and individual students.

The Student Rules Advisor will maintain strict confidentiality at all times. The Advisor shall not disclose the content of communications, nature of concerns, identity of parties, or any other related information without the explicit permission of the person providing the information.

The BHSA shall identify the Student Rules Advisor and describe his or her role to the faculty, administration, and student body at the beginning of each semester. Instructions for contacting the Student Rules Advisor shall be posted outside the BHSA office.

ARTICLE V. BHSA ELECTIONS.

A. Election Dates: Elections for executive officers and the second and third-year class representatives shall be held in April of each year over a two-day period designated by the Council. Elections for First-year class representatives shall be held in September of each year over a two-day period to be designated by the Council. JSP and LLM/JSD representatives shall be elected no later than September of the year in which they serve.

B. Eligibility for Offices and Voting:

1. Executive Offices: All students who will be regularly enrolled in the law school during the next academic year are eligible for the positions of Boalt Hall Student Association (a) President; (b) Vice-President; (c) Secretary; (d) Treasurer. These officers shall be elected by the current members of the Association. Members of the Association shall be allowed no more than one vote per position. A majority of the vote is required to win the election. In the event that no candidate receives a majority of the votes cast, a run-off election shall be held as set in Article V, Section H, Subparagraph 1.

2. The first-, second-, and third-year representatives shall be elected by the members of the Association in their respective classes according to the procedures outlined in the by-laws. A third-year class president shall be elected at the same time as the third-year representatives. Members of the Association in their respective class shall be allowed no more than two votes to elect their class representatives. The top two candidates with the greatest and second-greatest number of votes are elected. In the event of a tie for the greatest or second-greatest number of votes, but only as necessary to determine the two people to be elected, a run-off election shall be held as set in Article V, Section H, Subparagraph 2.

3. The JSP and LLM/JSD representatives shall be elected by the members of the Association in their respective constituencies. Procedures outlined in the by-laws for the nomination and election of other Council officers shall not apply.

C. Nomination Procedure: All candidates for office shall be required to submit a statement of candidacy (as described in the next section) to the BHSA office by the date designated by the Council. Any candidate who, for whatever reason, fails to submit a statement of candidacy in the manner described shall not appear on the ballot but may still run as a write-in candidate.

D. Campaigning: In the interests of preserving the educational and academic environment, promoting environmental concerns (such as paper conservation and recycling), keeping BHSA elections accessible to potential candidates regardless of financial status, and allowing lively discourse regarding political candidacies, the following guidelines and rules govern the methods, times, places, manner, and forms of campaigning for and in BHSA elections:

1. BHSA provides the following forums for campaigning:

a. a mandatory 8.5 x 11” statement of candidacy (at a minimum to include the name and class and office sought by the candidate) to be placed near the voting place during the elections and to be included in the BHSA news prior to the elections;

b. optional speeches and debates, where participants and audience members are willing;

c. an optional “extended” statement of candidacy (with no maximum length) to be given to the BHSA Council, which is to place such statements in a location centrally accessible by the entire constituency, preferably on reserve at the law library or outside the BHSA office.

2. The following restrictions apply to other campaigning:

a. No public announcements or campaigning during class or in quiet study areas.

b. No campaigning within 50 feet of the election booth during voting hours.

c. No writing on chalkboards or whiteboards within classrooms.

d. Notices, posters and flyers may only be posted in compliance with the Boalt Hall bulletin board rules, which provide in part: “Notices may be posted only on bulletin boards…Notices may not be posted on walls, windows, doors, moldings, partitions, lockers, mailboxes or other structural features of the Law Building or in the bathrooms.”

3. Candidates should make efforts to prevent and clean up littering of their election materials.

4. A material violation of these rules shall be grounds for disqualification from the election.

5. Any and all further guidelines pertaining to campaigning shall be established and amended by the Secretary subject to the approval of the four Association-wide Officers of the Council prior to each scheduled election. Such guidelines shall be consistent with the by-laws except that they may provide for exceptions for special circumstances, such as certain disabilities.

E. Write-in Candidates: Votes for “write-in” candidates shall be counted. All “write-in” candidates shall equally be bound by the campaigning guidelines promulgated under Section D of this Article.

F. Ballot-count Observer: The Dean may appoint a faculty member or administrator who may be present when the votes are counted for any office.

G. Installation: All newly elected Council members shall be installed in office no later than the second Monday following the elections and shall continue in office until the next annual BHSA election.

H. Runoff Elections: Run-off elections shall be held only under the following circumstances and pursuant to the following procedures.

1. Lack of Majority: Candidates for the offices of BHSA President, Vice-President, Secretary, and Treasurer, or the Third-Year Class President need a majority of the votes cast to win the election. In the event that no candidates receives a majority of the votes cast, a run-off election shall be held between the top two (or more in the event of a tie) candidates ranked by number of votes received.

2. Class Representatives: For the offices of Class Representative, a run-off election shall be held between or among candidates tied for the greatest or second-greatest number of votes only as necessary to determine the two people elected to a position. That is, a run-off shall be held to break a tie vote count (1) among more than two people tying for the greatest number of votes, or (2) between two or more people tying for the second-greatest number of votes provided that there is no tie vote count for the greatest number of votes.

3. Procedure: Candidates involved in a run-off election shall be so notified by phone, if possible, and by student mailbox, within three days of the BHSA Council’s determining that a run-off election is necessary. All rules on campaigning continue to apply. In holding a run-off election, the BHSA Council should keep the voting open for a minimum of two class days. The BHSA Council should publicize the run-off election via flyers posted in prominent areas of the school, including but not limited to near the student mailboxes and student locker room, and via the BHSA News, as possible. In the event that publicizing via the BHSA News would delay holding the run-off elections to later than the third full week of September, such publicizing may be foregone; in such an event, however, the BHSA Council should endeavor to take additional steps to ensure fairness in the run-off election.

I. Disqualification: Any candidate materially failing to comply with the above regulations shall be subject to disqualification by the Council. The name of any candidate so disqualified shall not be permitted to appear on the ballot. Any complaint concerning conduct of a candidate during the election shall be registered with the Council member operating the polling booth.

J. Interpretation of the Rules: The Secretary shall interpret the above election procedures. In the event of disqualification under Section I of these rules, a candidate may appeal the decision to the Council. The candidate must submit the grounds for the appeal and it must be supported by the signatures of twenty-five (25) currently enrolled students.

ARTICLE VI. FUNDING.

A. By funding student organizations, BHSA seeks to fulfill a mission of service. Those organizations which seek to serve segments of the Boalt community, the Boalt community at large, and the broader community shall receive the highest funding priority. The Council shall attempt to preserve a diversity of viewpoints in its allocation of funds.

B. The allocation of funds to student organizations shall have the highest priority of business conducted by the Council.

C. The Treasurer in all cases shall be in charge of the funding process, including the interpretation of rules and procedures. Rulings by the Treasurer may only be overruled by a majority of the remaining members of the Council.

D. Procedure

1. As a first step in the funding process, the Council shall establish guidelines and standards that will be used to evaluate applications and allocate funds to student organizations. These standards shall be used to explain the detail required in the funding applications, the types of budgetary items the funding of which by BHSA is discouraged, and the substantive criteria the Council will use to evaluate funding applications. These guidelines will be assembled by the Treasurer and distributed to all student organizations that wish to apply for funds.

2. Seminar: The Treasurer of BHSA shall schedule a seminar to explain the funding process and answer any questions from members of student organizations. This meeting shall be open to any interested parties and shall be publicized widely, including in the BBB.

3. Application

a. Generally: Any student organization requesting funding from BHSA must complete a form distributed by the Treasurer. Such funding application will be due at a previously determined date displayed on the first page of the application. Extensions are to be granted on a very limited basis and only for serious extenuating circumstances and with the prior agreement of the Treasurer.

The following statement will appear on all funding applications: “Circumstances that do not constitute ‘serious extenuating circumstances’ include but are not limited to the failure of a student organization to pick up a funding application, its failure to designate a delegate to complete and submit such application, or its failure to sign up for and attend a funding interview as required by Section 4 of this Article and Clause.” The preceding statement does not bind BHSA in determination of extensions for funding applications.

Funding applications are to be made available to student organizations by the Treasurer no later than one (1) week before their due dates.

b. Required Information: Funding applications shall require at least (but not limited to) the following information:

i. Name of the organization,

ii. Location of the organization,

iii. Statement of purpose,

iv. Number of members,

v. Amount of dues and number of dues-paying members,

vi. Approximate number of Boalt Hall community served by the organization,

vii. Other community/communities (and their numbers) served where applicable,

viii. Brief statement explaining why the organization has applied for funding,

ix. The BHSA funding received by the organization in the previous two (2) academic years,

x. ALL other funding applied for by the organization in the current year and received by it in the previous two (2) academic years,

xi. A substantially detailed accounting of all expenditures of the previous year specifying how BHSA funds were used,

xii. A substantially detailed budget specifying the use of all funding including sources from BHSA, other university funding, and membership dues,

xiii. At least two (2) contact persons—name, title, mailing address, telephone number, email address, and Boalt Hall mailbox number—who are to be responsible for the application and to whom BHSA may direct questions,

xiv. Any other information that may assist the Council in evaluating how well and in what ways the mission of service in Article VI, Clause A above will be promoted by funding the organization,

xv. A signed statement by the organization’s treasurer or other responsible officer, stating that he or she agrees to give as complete and detailed documentation as possible, including receipts, of the previous or current year’s expenses, where requested by BHSA.

c. Funding Limits: The application shall clearly state the limit to which organizations must adhere when applying for BHSA funding. Until altered by a valid amendment to these Bylaws, this limit is 20% (or $500, whichever is greater) over and above the amount received by an organization from BHSA in the immediately prior year, up to a total of $2000. Organizations receiving no funding in the prior year may apply for a maximum of the full amount of their demonstrated need, up to the $2000 limit. Organizations ignoring this limit in their application will be deemed to have applied for only those funds for which they have stated a need on their application, subject to the limits of this paragraph.

d. Bank Accounts: ALL student organizations seeking BHSA funding are required to have verifiable bank accounts in the name of the organization. BHSA funding checks will not, except in emergency situations and with two-thirds approval of the Council, be written out to individual persons representing the organization. This requirement may be waived in the case of organizations receiving less than $500 from BHSA in any annual funding cycle; such organizations have the option of submitting receipts to BHSA for reimbursement up to an aggregate of their total funding award.

4. Interview: Once the deadline for all completed applications has passed, the Treasurer shall set up a limited period of time during which all student organizations requesting funding shall undergo an interview with a member of BHSA. The Treasurer shall set up no less than two (2) school days during which funding interviews may be scheduled. Interview slots shall be posted without naming the BHSA officer giving the interview. It is the responsibility of each organization to sign up and fulfill the interview requirement in person by the deadline established. A form will be supplied by the Treasurer for the interviewing BHSA officer to complete detailing general questions to ask. The BHSA interviewer may also ask questions that arise after reading the funding application. Where more convenient for BHSA and agreed to by the Treasurer and the Council, the Treasurer may conduct all or most of the funding interviews.

5. BHSA Funding Meeting:

a. Generally: All organizations meeting each of the above requirements are presumptively eligible to receive funding from BHSA. Organizations not fulfilling each of the above requirements might not be considered for funding. BHSA will convene in executive session a specific funding meeting to review the applications and interview notes for each organization. A quorum of the Council, in all cases including each of the Executive Officers, must be present at this meeting. The Treasurer will provide adequate copies of all of the funding applications to the assembled Council members, along with a document reflecting the total amount requested by the student organizations and an estimate of the total BHSA funds available to meet the request at least two days ahead of time. The meeting will be called to order by the Treasurer, who (except where otherwise provided in this section) shall be in charge of the meeting’s procedure, discussion, and duration.

b. Discussion and Voting: Each organization’s application and request will be discussed for no longer than five (5) minutes, except where the Treasurer, or a majority vote of those Council members present, finds it necessary to extend the time allotted for consideration of a particular organization. At the conclusion of the discussion of each organization’s request, Council members may suggest an amount by which that organization is to be funded. Such amounts may be above or below the organization’s request and the Council member suggesting any amount must be ready to briefly explain his or her suggestion if asked by the Treasurer or other member. Suggestions need not conform to the application Funding Limits specified in Paragraph (c) of Section 3 of this Clause and Article, although they must bear a reasonable relationship to the organization’s request and demonstrated need and should conform to Paragraph (c) of this Section, below. Voting on the funding to be allotted each organization will be done by a show of hands once all legitimate funding amount suggestions have been heard. To avoid possible conflicts of interest, BHSA Council members who are executive board members of student organizations requesting funding must abstain from voting on funding for those organizations. After voting has concluded on all the organizations applying for funding, the total amount thus suggested shall be compared to the estimate of available BHSA funds. After considering this information in light of the amounts that must be reserved for Funding Appeals and Special and Emergency Funding pursuant to Section 6 of this Article and Clause, the assembled Council may vote again to alter the funding allotted to any or all organizations.

c. Funding Criteria: Funding is to be suggested and allocated to student organizations primarily on the basis of need, scope and type of service, and amount of BHSA and other funding previously (and in the case of non-BHSA funds currently) available to each organization.

d. Publication: The Treasurer will publicize the final allocations in a manner reasonably calculated to reach each member of the Boalt Community.

6. Appeals: Any organization may appeal its original allocation through completion of a form supplied by the Treasurer before a specified deadline. The process for appeals shall be substantially the same as that used for the initial funding process, and will include an interview with the Council. In addition to funds reserved for appeals, BHSA may also reserve a small portion of the total funds to be allocated for funding special and emergency requests outside of the funding process. To request such funds, a proposal must be submitted to the Council in an open meeting.

7. Mid Year Reports:

a. By the second week of the spring semester, each organization receiving funds will submit a report detailing the use of the allocation from the previous semester. The report should be as detailed as the initial budget application, justify any changes in the use of BHSA funds from the previous semester, explain any expected changes for the current semester, and include a statement of how much remains from the previous semester’s disbursement. The report may include receipts, if requested by BHSA.

b. The Council will read the reports and discuss concerns in an executive session meeting no later than the fourth week of spring semester classes. The Treasurer, or another designated Council member, shall communicate concerns to the treasurer or other responsible officer of each organization.

c. Minutes from the mid-year Council meeting, comments on specific mid-year reports, any concerns communicated to organizations, as well as the mid-year report may be used in the next year’s funding decision-making process to make sure all concerns, if any, were addressed by the organization.

8. Distribution: It shall be the responsibility of the Treasurer to ensure the proper disbursement of all funds, and to maintain all available records from current and previous years. The Treasurer shall also ensure that no organization donates its total funding to another organization.

9. At the end of the year BHSA shall file and make public a statement of its activities, receipts, and expenditures.

ARTICLE VII. ENDORSEMENTS AND SPONSORSHIP.

A. Student groups seeking BHSA support of events, speakers, policy statements or positions on particular issues may petition the Council for such support. The Council shall then promptly consider whether to lend such support.

B. BHSA support may be in the form either of sponsorship or of an endorsement. “Sponsorship” shall mean that the Council supports the event, speaker, or statement in the spirit of free and open public debate of issues but that the views expressed are not necessarily those of the Council. “Endorsement” shall mean that the Council advocates the views expressed by or through the particular event, speaker, or statement.

C. Student groups may request either or both forms of support. If both are sought, the Council shall vote on each successively, sponsorship first and then endorsement. However, the Council shall grant only one form of support. If there is a majority vote for both forms the group shall receive an endorsement.

D. In the event of an emergency, as determined by the President, and where a meeting of the Council is impractical, the President shall, after a good faith effort to consult with two Association-wide Officers, have discretion to make a provisional endorsement. Any such endorsement must be voted upon at the next BHSA meeting and may be withdrawn by the Council as a whole.

ARTICLE VIII. COMMITTEE APPOINTMENTS.

A. The BHSA shall appoint students to committees upon request of the Dean of the Law School.

1. In addition to committee positions requested by the Dean of the Law School, the BHSA shall also appoint one student to the position of Web Master of boalt.org, and other positions as needed, in accordance to the procedures set out in this article.

B. The BHSA shall publicize a full list of available committee appointments at the earliest practical date. At a minimum, this list shall be published in the BBB and posted outside the BHSA office. The BHSA shall attempt to complete the committee selection process at the earliest practical date.

C. Candidates for committee positions shall be required to submit a standard application form to the Council, at a minimum to include the candidate’s name, class, and the appointment sought. If a candidate chooses to apply for more than one committee position, the candidate must rank all positions sought in order of preference. Candidates may submit additional materials in support of their applications. In order to determine the qualifications and interest of candidates further, the Council will request candidates to attend a short interview.

D. The primary considerations in the selection of students for committee positions shall be their responsiveness, interest and competence, ability to work with faculty, and availability to serve on the committee. After satisfying these considerations, the selection process shall be organized so as to match qualified individuals with their committee(s) of choice as much as possible.

E. Committee appointment decisions shall be made by a full meeting of the BHSA Council. Each member of the Council shall vote for as many candidates as there are committee positions available. Voting shall be preceded by a consideration of the candidate’s application materials and related discussion. If two or more candidates are tied for a position, the Council shall vote to break the tie.

F. Officers and representatives of the BHSA shall not be eligible to hold committee positions unless vacancies remain after the application and interview period. Similarly, individual students shall not be eligible to serve on two committees unless vacancies remain after the application and interview period.

G. Vacancies created by the creation of new committees or the withdrawal of a previously appointed committee member shall be filled as promptly as possible. The method of selection used shall be similar to the one described in Sections D and E.