Constitution
Preamble
This book of law has been created to establish a set of rules that govern the SANMIMT Government under the SANMIMT Constitution. All referenda and bylaws of the SANMIMT and its Government are recorded herein.
-
Foreword and Definitions
Foreword
Definitions
Quota: The minimum number of votes required to win a ballot. Quota for a ballot shall be set at one (1) more than the integer floor of the number of valid ballots cast divided by one (1) more than the number of available seats for that ballot. If more seats exist on a ballot than candidates for that ballot, quota shall be set to two (2).
Eligible Candidate: Any candidate who has neither met quota nor been eliminated.
New Club: A club receives new club status if the SA has not recognized it during the previous three sessions of the SA Senate. A club loses its new club status after spending, in good faith (as judged by the finance committee), funds granted to it under Article VII, Section 3, Subsection D of the Book of Law.
Probationary Club Status: A club that has misused funds granted to it by the SA Government (as judged by the SA Finance Committee), or has been declared a probationary club by the SA disciplinary committee. With a majority vote of the SA Senate, a club can be removed from probationary club status.
-
Student Rights
Legislative Branch
Senate
Legislative Function
Composition of the Senate
Qualifications of Senators
Powers of Subpoena
Legislation
Legislation vetoed by the President may be overridden by the Senate by a two thirds majority vote.
Senate Administrative Officers
The Vice President shall be responsible for taking attendance of the Senators at all Senate meetings, relaying attendance information to the Secretary to be placed in the meeting minutes. The Vice President shall announce at each Senate meeting all Senators who qualify for consideration for removal due to lack of attendance as outlined by SANMIMT law. The Vice President shall send all correspondence to specific Senators concerning disciplinary action upon that specific Senator; if the Vice President is not able to carry out this duty due to a serious conflict of interest, he or she may solicit the aid of the President Pro-Tempore of the Senate.
The Vice President shall have the power to require any committee of the Senate to submit a written report to the Senate as often as once every four (4) weeks and shall have the power to require any committee to meet as often as once every four (4) weeks. All required meetings shall be announced to the public at least three (3) days in advance.
The Vice President shall draft a letter to the GSANMIMT and Dean of Graduate Studies whenever a Graduate Student Representative position becomes vacant, requesting the name of the replacement Representative.
The Vice President shall publish and update a manual outlining the process for drafting bills each session. This manual shall include a document template and example bill.
The Secretary shall be responsible for the duties of managing the SA web page, managing the SA email account, and making available to the SA Government and public a contact list including all elected and appointed officials. The Secretary shall post meeting agendas and notice of meeting time and place at least five (5) days prior to each regularly scheduled meeting and the first two (2) meetings of each session.
Senate Committees
The Finance Committee shall present to the Vice President for drafting into legislation a list of procedures the Committee deems necessary to be passed into law. The Vice President shall present this legislation to the Senate to be voted upon at the next possible Senate meeting.
The Finance Committee shall be allowed $500.00 USD each session which the Committee may allocate as they see fit without Senate approval. The balance of these funds remaining at the end of each session shall not roll over to the next session.
The Appointments Committee shall be required to report to the Senate when any specified SA Government position becomes vacant and shall announce all vacancies at every Senate meeting until each position is filled or the Senate resolves not to fill the position. These positions shall include all Presidential appointments, the Secretary, all persons on the Finance, Legislative Standards, and Appointments Committees, and any other positions deemed necessary by the Senate. The Appointments Committee shall also report as above for any Senate committee which which becomes entirely vacant.
If a committee chair neglects their duties, the Vice President must first write an official memo to the chair detailing any issues, and then call a meeting to discuss the problems with the chair. If the issues are not resolved, the Vice President must take issues to the Senate. With a majority vote of the Senate, the Chair can be removed from their position as chair.
If a committee member misses two meetings without documented notification to the chair, the committee member can be removed from the committee by a majority vote of the Senate.
If a committee member resigns or is removed from the Finance, Legislative Standards, or Appointments Committee, the Vice President shall appoint a new committee member with concurrence of the Senate, no later than the next regularly scheduled Senate meeting following the meeting at which the committee member resignation is announced.
Sessions of the Senate
At the last regularly scheduled meeting of a session the Senate shall set the time and place of the first meeting of the next session. During the first meeting of a session the Senate shall set the time and place of the second meeting. At the second meeting of the session the Senate shall set the place and time of the regularly scheduled meetings for the remainder of the session. The Senate may change the current session's schedule of meetings at any meeting that reaches quorum.
Salaries
Salaries of the regular employees shall be paid in biweekly increments distributed over the employee's period of employment. If the Vice President or President's seat becomes vacant, the pay for the outgoing and incoming persons shall be prorated according to the number of days in which each person performed the duties of the respective office.
Senate Disciplinary Action
If a Senator is unable to attend meetings, due either to absence for the summer session or serious illness, a leave of absence can be granted with a majority vote in place of removal. Senators granted this leave would loose their vote and be removed from quorum requirements for the duration of their absence, yet still retain their seat. Once a Senator returns from their absence, the leave may be terminated, and their vote returned to quorum. Under no circumstances is a Senator on leave accountable for attendance during their period of leave. Senators who wish to request a leave of absence for the summer session should request this of the Senate at or before the last meeting of the Spring Semester.
Chartering Authority
Executive Branch
The President
Powers and Responsibilities of the President
The President shall be allowed $250.00 USD each session which he or she may allocate as they see fit without Finance Committee or Senate approval. The balance of these funds remaining at the end of each session shall not roll over to the next session. This shall be known as the Presidential Discretionary Fund and is intended to be used primarily for covering unforeseen costs within the operation of the Government.
The Executive Office of the President
The Chief Financial Officer, in conjunction with the Finance Committee, shall be responsible for publishing a financial procedures manual for the purpose of informing all interested persons of the procedures necessary to obtain and legally spend SANMIMT Government funds. It shall be the responsibility of the Chief Financial Officer to assure that all transactions and procedures within his or her control follow all federal, New Mexico, and University laws and procedures.
The Student Activities Director shall coordinate a schedule of events for Dance, Activities, Movie, Spring Fling, 49ers committees, and other entertainment events of interest in conjunction with PAS, Macey Center, and other non-SA entertainment organizations on campus. The Student Activities Director shall publish said schedule at least two (2) times per semester and at least once during the Summer Session. Committees shall make final selections of all performances and production (sound, lighting) companies. An individual shall be appointed by committees who shall retain artistic control of each event while technical and artistic advisement shall be provided by the SA Technical Director and Student Activities Director to artistic directors as needed. The Student Activities Director shall be responsible for administration; including contracts, routing sheets, permissions, venues, and security needs for all SA approved activities or coordinated with committees or artistic directors. The Student Activities Director shall provide and administrate a policy concerning administrative procedure for entertainment activities subject to approval by the Senate. The Student Activities Director shall be provided a separate telephone line and answering machine to be in the committee office.
The Executive Cabinet
Executive Agencies
There shall be an executive agency for the purpose of managing SANMIMT property and facilities and their usage. There shall be an SA Technical Director appointed by the President to be the director of this agency. The Technical Director's duties shall include the maintenance and purchasing (under the authority of the Chief Financial Officer) of non-permanent (not integral to the building in which it resides) student owned equipment other than equipment intended primarily for use by a chartered organization or purchased by a chartered organization intended primarily for chartered organization use. The Technical Director's duties shall also include the managing of the usage of said maintained equipment and the training of its users. The Technical Director shall also manage the usage of all facilities owned and/or operated by the SANMIMT to the utmost authority of the SANMIMT Government (under the authority of the President). The Technical Director shall submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election. If the Technical Director position is not filled, the President shall submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election.
There shall be an executive agency for the purpose of producing a regularly scheduled publication concerned with student interests. There shall be an Editor-in-Chief appointed by the President to be the director of this agency. The Editor-in-Chief shall be responsible for the entire operation of the publication, maintaining its equipment, planning for the publication's future, and managing all of the publication's employees. The Editor-in-Chief may appoint additional employees to aid in the Editor-in-Chief's duties. The Editor-in-Chief will work with the SA Technical Director on equipment maintenance and in future planning where equipment is involved. The Editor-in-Chief shall submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election. If the Editor-in-Chief position is not filled, the President shall submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election.
There shall be an executive agency for the purpose of managing the campus radio station. There shall be a General Manager appointed by the President to be the administrator of the radio station. The Manager's duties shall include updating station documentation, acting as station treasurer, serving as liaison to the SANMIMT, DJ management, acting as liaison to the SATD about equipment upkeep and problems, general upkeep, and station development. The General Manager may appoint additional employees to aid in the General Manager's duties. There shall also be a Music Director for the radio station who shall be appointed by the President. The duties of the Music Director shall include reviewing all music received, making music available to DJs, maintaining industry contacts, and communicating with the General Manager and making the General Manager aware of problems or misuse of the equipment or property. The Music Director may appoint additional employees to aid in the Music Director's duties. The General Manager and Music Director shall together submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election. If either the General Manager or the Music Director position is not filled, the President shall aid the employee in the filled position to create and submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election. If neither the General Manager nor the Music Director positions are filled the President shall submit a budgetary proposal for the next fiscal year for this agency to the Senate Finance Committee prior to the Spring General Election.
-
Rules for the SAC
No one may remove equipment from the SAC without prior approval from the SATD. One week notice is required.
Technicians must be trained each semester.
The list of approved Tech Ones and Twos is only good for one semester.
The length of time for the list may be extended by the SATD if more time is needed to train and approve the new Tech Ones and Twos.
Rooms in the SAC may only be reserved by contacting the SATD.
The person who is going to be using the equipment or the room must check out the keys to the room.
Rooms may only be used for the event that is scheduled in that room at that time.
The person who checks out the room is responsible for making sure that everything is put back in its proper place, for making sure that doors are locked and for any damage done. Should any damage occur, the campus police and SATD should be notified at once.
Rules for Tech Ones
Only those that are on the list of approved Tech Ones and Tech Twos may run the sound and lighting equipment.
The Tech who checked out the room is responsible for all of the equipment in the room.
It is the duty of the Tech who checked out the room to make sure that all the doors are locked and that all the equipment is properly put back.
Rules for Tech Twos
All Tech Twos are required to follow the rules for Tech Ones.
A Tech Two may remove equipment from the SAC, with the permission of the SATD.
A Tech Two may change the lighting in the SAC, with the permission of the the SATD.
Judicial Branch
Judicial Function
Jurisdiction
Justices
The Chief Justice may not be a member of the GSANMIMT. If the Chief Justice becomes a member of the GSANMIMT, his or her term is ended effective immediately. Furthermore, no more than two justices may be a member of the GSANMIMT.
In the event of the Office of Chief Justice being vacated, and there being seated Justices, the President shall appoint any qualified individual, as stipulated in Article V, Section 3, to the position of Chief Justice. In the event of the seat of an Associate Justice being vacant, the President shall appoint a new Associate Justice. In the event of the entire court being vacated, the President shall appoint two Associate Justices, and the President Pro-Tempore shall appoint two Associate Justices. All appointments shall be subject to ratification by the Senate. The newly appointed Justice shall be given a term as defined by Article V, Section 3. If the Justice is seated during a session already in progress, his or her term is counted as having started at the beginning of the session.
All Justices will be given an SANMIMT owned copy of Robert's Rules of Order, to be used throughout their term. At the beginning of the Justice's term, a $15.00 USD deposit is required to receive the book. If at the end of the Justice's term, the book is not returned or is returned in unsatisfactory condition, the Justice will not have his or her deposit returned. The deposit will then be used to purchase a replacement copy of the book.
Procedures
Records
Subpoenas
Contempt of Court
Disciplinary Action
Disciplinary Actions
Grounds
A Senator who neglects to attend two (2) consecutive or three (3) non-consecutive non-emergency Senate meetings in one (1) session of the Senate may be considered for removal from office by the Senate. If a Senator meets the above criteria at the last meeting of the session, the Senator is eligible for removal during the next session. If a Senator meets the above criteria at the end of his or her term, the Senator is not eligible during his or her next term.
Procedures
The Vice President shall send a Senator who meets the criteria in ARTICLE VI, Section 2, subsection A of the Book of Law two (2) notices via campus mail. The first notice shall be sent not less than ten (10) days before the meeting following the meeting at which the Senator met the above criteria. The second notice shall be sent not less than four (4) days before the meeting following the meeting at which the Senator met the above criteria. If the meeting at which the Senator met the above criteria and the meeting directly following are less than ten (10) days apart, the Senator shall be sent at least one (1) notice in the mail as soon as possible. Under either circumstance the Vice President shall attempt to contact the Senator via telephone and electronic mail. In total, the Vice President shall attempt to contact the Senator at least four (4) times including all notices, telephone calls, and electronic mail messages before ceasing in his or her efforts to contact the Senator.
Vice President
Appeals
Finance
Student Funds
Authorization of SANMIMT Fees
Distribution of the SANMIMT Fee
All chairpersons of events funded by the SA Government shall be required to keep a record of how much money was spent on each event and the number of students and non-students that attended each event. This information is to be used for future budgeting and for evaluating each event's success.
SA recognized clubs that submit their club budget to the SA CFO by the fourth (4th) Monday of the current semester, have more than twenty (20) members for the current semester, and have neither new or probationary club status may receive a up to $500.00 USD during the current semester from the SA Government to use towards budgeted items. This allocation of funds requires the approval of the SA Finance Committee, but does not require the approval of the SA Senate. Allocations in addition to the default maximum require the approval of the SA Senate.
Clubs that do not meet the requirements in Article VII, Section 3, Subsection B of the SANMIMT Book of Law, but would like funding from the SA Government must submit their required budgeting documentation to the SA Senate as the senate bill. This allocation of funds requires the approval of the SA Senate.
SA recognized clubs that have new club status shall be allocated a maximum of $500.00 USD during the current semester from the SA Government to use towards budgeted items. The Finance Committee shall consider the amount of support a club receives, in the form of student endorsements, when allocating funds to a new club. The maximum amount a new club can receive may be overridden by a two-thirds (2/3) vote of the Senate.
-
Any club recognized by the SA may request a minumum of $100.00 USD for the purpose of funding materials for fundraisers. This amount may be increased at the discretion of the finance committee for the duration of a semester, and does not limit the amount a club may receive in the form of a loan. All fundraisers using SA-funded materials and the expenditure of the profits thereof must be in accordance with school rules and local law. This money shall be considered a loan until the SA CFO receives an account of the income from said fundraisers as well as proof that said income was deposited in the appropriate account. This allocation of funds requires the approval of the SA Senate.
Authority of Financial Control
Education in Financial Matters
Accounting Requirements
Ownership
Election Procedures
Election of Senators
Election of the President and Vice President
Senate Vacancies
Election Process
All General Elections shall be held on or between the first week of classes after mid semester and the second-to-last week of the semester (as defined by the most recently published New Mexico Tech Catalog).
The date and purpose of a General Election shall be advertised for thirty (30) days before the date of the election. Declaration of candidacy forms shall be made available and submissions of candidacy shall be accepted twenty-five (25) days before the election date. All candidacy forms must be submitted at least five (5) days before the election date.
The date and purpose of a special election shall be advertised starting no later than two (2) days after the Senate meeting at which the special election becomes necessary. The special election shall be held between ten (10) and fifteen (15) days after the date of the Senate meeting at which the special election became necessary. Declaration of candidacy forms shall be made available and submissions of candidacy accepted the day that the special election becomes advertised. All candidacy forms must be submitted at least two (2) days before the election date. If a special election becomes necessary within the last twenty (20) days of the academic session, the special election shall be held the next academic session. In such a case the above guidelines shall be followed and the election shall be considered necessary as of the first day of classes of the new academic session.
The Supreme Court shall insure that all candidacy forms for all elections contain a list of eligibility requirements.
An election shall start on the day advertised to the student body and must run from a minimum of 8 A.M. to 6 P.M. on that day. Once the election has begun it can not be paused, postponed, interrupted, or relocated. The ballot box shall remain open until the closing of the election by the Supreme Court. The election shall be held in a single location regularly accessed by the voters. At least one Supreme Court Justice shall be present at the ballot box at all times during the election. The Supreme Court shall insure that there is neither campaigning nor any visible or audible campaign materials within one-hundred (100) feet of the ballot box during the election.
The method used to conduct SA government elections shall be a variant of the singular transferable vote method, described as follows:
Eligible voters shall rank any number of candidates for each ballot in integer order of preference. One (1) shall indicate highest preference, higher numbers shall indicate lower preference, and each number may e used no more than once for each ballot.
Prior to counting, ballots shall be randomized and numbered sequentially. Ballots shall be counted in the order they are numbered.
A candidate wins a ballot when he/she receives a number of votes equal to quota for that ballot. Votes for a candidate who has already met quota shall count towards the next eligible candidate on that ballot in order of preference. After all votes have been counted for a ballot, and not all seats have been filled, the candidate with the fewest votes shall be eliminated and his/her votes are distributed to eligible candidates in order of preference. An eliminated candidate shall be considered to have more votes than candidates eliminated before him/her and fewer votes than candidates that have not been eliminated. If any seats remain unfilled on a ballot and no eligible candidates remain, the most recently eliminated candidate shall win that ballot.
In the event of a tie while eliminating candidates, votes for each tied candidate shall be compared at successive levels of preference, beginning at one (1). A tied candidate that has more votes than other tied candidates at the compared level of preference shall not be the candidate eliminated due to that particular tie, and his/her votes shall not be compared to the votes of the other tied candidates at further levels of preference. Candidates that can still be eliminated after comparing at all levels of preference shall be eliminated.
The posting within one hundred (100) feet of the SANMIMT election ballot box of any and all information relating to any candidates in any SANMIMT election must be approved by all candidates on the relevant ballot in the election prior to the election.
Referenda
Amendments
Implementation
General Legislation
The following shall be example of entry format for the Book of Law. Bylaws shall be entered in the following manner:
A. This is the content of the bylaw.Referenda shall be entered in the following manner:
A. (REFERENDA) This is the content of the referenda.The hierarchy of the Book of Law shall follow the hierarchy of the Constitution (capital roman numeral, number, capital letter) as near as is reasonable. Newly approved laws and referenda in the Book of Law shall be placed in the appropriate context within this document, including specific numerical references (ARTICLE, Section, and subsection).
The following shall be example of entry format for the Historical Record:
Enacted DD Month YYYY by Method
Document, ARTICLE RN, Section N
Commentary: Explanation of and reason for change.
Formerly read:
This is the old text of the changed material (if relevant).Method refers to either Amendment, Bylaw, or Referenda. Document refers to either Constitution or Book of Law.
Each year the SA shall award the NMT Service Award and a plaque to the graduating Senior who, in the estimation of the SA Senate, has done the most for the students of Tech. Service is the sole consideration and current SA officers and Senators shall be eligible for the award. Nominations for this award may come from faculty, staff, or students. The Senate shall determine the recipient of the award.
Any person resigning from any SA Government position must inform their immediate supervisor and the Appointments Committee at or before the time of their resignation.
All Presidential appointees, the President, Vice President, and Secretary must write or update a manual of duties concerning their position at least once a year. Each manual is intended to be used as a training aid for persons newly elected or hired and as a duty and procedures reference (with references to the Constitution and Book of Law as appropriate) for those persons. Updated copies shall be supplied to the Secretary to keep on record.
The President, Vice President, and Chief Justice shall update each session and provide to the Secretary to keep on file job descriptions of elected and appointed positions in their branch of the Government. These positions shall include all positions within the Executive Office of the President, all executive agency directors, and any other positions in the Executive Branch deemed necessary by the President. These positions shall include the Finance, Legislative Standards, and Appointments Committees' chairs and the Secretary and any other Legislative Branch position deemed necessary by the Vice President. These positions shall include Chief Justice and Associate Justice and any other position in the Judicial Branch deemed necessary by the Chief Justice. Updated copies of all job descriptions shall be supplied to the Secretary to keep on file and make available to anyone who requests a copy.
The President, Vice President, and Chief Justice shall keep on file with the Secretary all applications (including resumes) for all positions outlined in ARTICLE XII, Section 6 of the Book of Law. All applications are to be reviewed at the beginning of each semester.