For Immediate Release:

March 27, 2014

UW-MILWAUKEE STUDENTS TO ORGANIZE AFTER CHANCELLOR LOVELL DENIES RECOGNITION

STUDENTS AT UWM HAVE BEEN WITHOUT A LEGITIMATE VOICE IN THEIR INSTITUTION FOR ALMOST A YEAR

MILWAUKEE, WI: Today, University of Wisconsin Milwaukee (UWM) students sent a letter of intent
to organize, under Wisconsin State Statute 36.09(5), to the soon departing UWM Chancellor Michael Lovell (letter attached hereto). In said letter of intent, the students also addressed ongoing issues in shared governance at UWM. This organizing of students has come after Chancellor Lovells decision to not recognize the Student Associations spring 2013 elections; a decision which initiated the dissolution of the legitimate UWM student government and its replacement by the appointment of a hand-picked group of students referred to as the Board of Trustees. Wisconsin State Statute 36.09(5) states: The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for the formulation and review of policies concerning student life, services and interests. Students in consultation with the chancellor and subject to the final confirmation of the board shall have the responsibility for the disposition of those student fees which constitute substantial support for campus student activities. The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance. [emphasis added]
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A summary of the concept of shared governance can be found at: http://asap-4-uwm.tumblr.com/sharedgovernance

Previous press releases regarding the ongoing issues at UWM can be found at: http://asap-4-uwm.tumblr.com/pressreleases An explanation of recent concerning events regarding shared governance at UWM can be found at: http://asap-4-uwm.tumblr.com/yourvoice
For any further information please contact ASAP at asap4uwm@gmail.com or visit: http://asap-4-uwm.tumblr.com/contactus

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The ALLIANCE OF STUDENTS ACHIEVING PROGRESS (ASAP) is a movement, currently active in the UW-Milwaukee campus community. ASAP has had a long history as a party in UW-Milwaukee Student Association Elections and in student advocacy for 20+ years. Previously known as Achieving Student Action through Progress, the name may change but our values and integrity in student and shared governance advocacy will not. We remain a united movement of like-minded individuals standing up to ensure everyone has a voice. We believe in a truly shared system where all governance groups under WI Stat. 36.09 work together to advance the goals of their respective Institution, the UW-System, higher education, and the Wisconsin Idea.

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March 27, 2014 Chancellor Michael R. Lovell University of Wisconsin Milwaukee Chapman Hall 202 2310 E. Hartford Ave. Milwaukee, WI 53201 Cc: UWM Faculty Senate, UWM University Committee, UWM Academic Staff Senate, UWM Classified Staff Advisory Council

Dear Chancellor Lovell: The purpose of this correspondence is to express formal student concern regarding the lack of legitimate student shared governance at UWM and numerous issues surrounding the 2014 Student Association Constitution Referendum conducted by Student Association Professional Staff (SAPS) Director David Stockton and the Board of Trustees in the aftermath of your decision to not recognize the results of the Student Association 2013 -14 General Elections. On May 3, 2013, you asserted that while the UWM administration fully respects the students right to self govern under 36.09(5), we must also be certain that the Student Association, as the sole recognized representative for governance purposes of all UWM students, is, in fact, open and accessible to all UWM students such that official UWM recognition of it as the students sole representative is warranted. [Emphasis added] You have implemented this benchmark and rule for students to obtain what you call official UWM recognition by administration, irregardless of whether this is necessary regarding the rights of students prescribed in statute. Moreover, you have determined that this criterion must be met with certainty in order for results to be considered valid and for recognition to be achieved. We reject this premise that the Chancellor of a UW Institution can decide whether or not to bestow University recognition to the elected officials of shared governance groups who have the statutory right to organize and select their representatives as they see fit. We request a thorough and credible investigation of the Board of Trustees January 2014 Student Association Constitution Referendum to determine whether this referendum was conducted in a fair, open, and accessible manner consistent with the principles and standards you set forth to establish whether results should be considered "valid, for reasons discussed below. We also call for an immediate investigation into allegations of UWM administrations involvement in minimizing and excluding certain students or groups of students from participating in student shared governance at UWM; in particular, those comments made by, and the conduct of, Vice Chancellor for Student Affairs Michael Laliberte more-than-suggesting extralegal undue administrative influence in shared governance, specifically student shared governance. This suggestive interference, among the other issues stated here, is exactly what was discussed in the Wisconsin State Supreme Court Case Student Association of U.W.-Milwaukee v. Baum, 74 Wis. 2d 283, 246 N.W.2d 622 (1976). It states, in relevant part: If the right to organize and to select representatives is seen as two distinct rights without an integral relationship to each other, the possible effect could be the negation of one of these rights. For example, if a chancellor retains the right to dictate students shall be selected by election with two from this organization and one or two from other organizations, or persons with special interests, as was done here, the right to organize becomes meaningless. While students retain their right to organize, the administration can thwart the authority of the organization and deal with other students more to its liking. It can deal with two

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students from the dorms, two from publications, and others. This may be much easier. While those motives are not present in this case, an interpretation which does not recognize the right to organize and select representatives as integrally related could result in such a situation in the future. In addition, if the chancellor retains the power to direct, students shall be elected from some organization or another, does he not also have the power to say a particular committee requires that students be in the upper ten percent of their academic class. And if this power is present, the students right to select their representatives could be only an illusion. If the students right to organize themselves and select their representatives is viewed as two different rights, the purpose of the statute may not be carried out. In order to give effect to the legislative intent of this section, the right to organize and select representatives must be seen as one right, which must be free of administrative interference if it is, in reality, to be a right. Furthermore, we call for an immediate investigation into the allegations that Administration, upon information and belief, extralegally changed, without notice or ability to appeal, Student Association final allocations of allocable segregated university fees (SUF) before transmitting them to the UW-System Board of Regents. Such 2013-14 fiscal year allocations being for the Student Association Professional Staff Office, which the Student Association decided not to fund, and full-time UWM students are now paying $5.30 a semester for regardless of that determination. Further, we request that this investigation look into Student Association Professional Staff (SAPS) Director David Stockton and his role in extralegal undue administrative influence in shared governance, and in particular allegations that Mr. Stockton seemingly modified Student Association Election Party Registration Forms prior to the Spring 2013 election that you chose to not recognize. In your abovementioned letter, you expressed concern for the "fundamental fairness" of student processes as it relates to adhering to what is outlined in governing documents. The University Student Court is and remains bound by its bylaws and more importantly the constitution, a legal contract as prescribed by the students of UWM. We are troubled to hear that there has been an unprecedented disregard for the rules as this goes against the very standard you set forth for achieving administrative recognition. The University Student Court, in collusion with UWM Administration, has gone as far as creating a fictitious court case and "indefinitely suspending" the Student Association Constitution without authority to do so. These actions weaken the very foundation of student organization at UWM and call into question the legitimacy of the "new structure". We are troubled to hear of issues regarding the ability of all students to participate in the formulation, review and approval of the "new constitution". The ability of outside students to participate was marginalized due to a lack of transparency, openness, accessibility, fundamental fairness and integrity in the process. The "new constitution" was created over the past 7 months and brought forth by the Board of Trustees under the guidance and significant involvement of Student Affairs/SAPS staff without any real consideration for, or meaningful input from, the students of UWM. The UWM student body first learned of a new constitution and structure on January 13, 2014 and was given more or less a week to review and become familiarized with a completely new structure. In fact, the content of the constitution draft changed shortly before the referendum without general notice to students. This "new constitution" was advertised with deceptive messaging, such as SA is now "more open and accessible to all students," yet many students will not qualify to participate under the new structure. The eligibility requirements present in this "new constitution" will undoubtedly prevent a very large amount of students from having the ability to hold an official position or even serve on a university committee. Moreover, the Board of Trustees/SAPS disenfranchised students by releasing this information over winter break and during the Spring student enrollment and registration period. There were issues with the Board of Trustees/SAPS not following their own referendum timeline and ballots being issued late. This created a situation where the ability of students to participate in the referendum was lessened under false pretenses further marginalizing voter turnout.

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During the referendum, many UWM students got an email urging them to Vote Yes! Onwards and Upwards! on a new Student Association Constitution that many had heard of for the first time. This Constitution, seemingly written largely by Administration, appears to cede or lessen many of their statutory rights as students under Wisconsin State Statute 36.09(5). For the constitutional referendum, 24,298 ballots were sent out by the Board of Trustees/Administration, only 301 students voted, and only 242 voted yes less than 1% of the UWM student population. Only 242 students voted for the new constitution, and yet you still signed it last month. And it will putatively go into effect May 1st. Also, due to the curious timing of the constitutional referendum before the end of enrollment on February nd 3rd, with the discrepancy in enrollment between 24,298 on January 22 , when the referendum started rd and ballots were sent out and enrollment being 25,781 on February 3 , 1483 students were apparently disenfranchised of their right to vote that would have been able to vote had the referendum been held less than two weeks later. Two of us writing this letter to you declare that we believe that we were unlawfully disenfranchised. Taylor Scott was disenfranchised and unable to vote against the referendum, even though Taylor was an admitted student that had not yet registered for classes because the referendum was held before the end of enrollment. Emma Borkowski was an intending and registered student that enrolled in classes during the referendum and was not able to vote. So we ask that you investigate why almost 1500 students were disenfranchised and how you can officially stand behind a new system and structure that less than 1% of students support? These results speak volumes to the many issues surrounding the referendum specifically regarding the ability of all students to participate. This calls into question whether these results are reflective of true UWM student consensus or if anyone could be certain, much less confident, of the legitimacy of the result. It is apparent that these results are in stark contrast to the voter turnout of the last several matters brought forth to UWM students for their consideration in referendum (i.e., last years Union referendum with 4002 votes and 14.6% turnout and the 2013-14 SA elections that you decided to not-recognize that had a turnout of 12.91%) which suggests that the UWM student body actually rejected this referendum. In light of all of this, we strongly urge, in addition to investigations, that all UWM Student Affairs staff and administrators receive remedial training so they can fully grasp state law as it pertains to shared governance in Wisconsin so that student shared governance can be legitimately re-established and respected by staff and administrators at UWM. Among other issues, we have concerns about the long-term effects of students being shut-out of the decision-making process. UWM has retention rate issues and has issues engaging its Alumni already, so what are the long-term effects of not giving students a stake, a sense of ownership, in the future of their University? What are the long-term effects to the concept of shared governance and the productive partnership the students should have with administration and other shared governance groups? This climate that eschews a diversity of ideas and that ensures most students dont have a stake in their own campus community is a dangerous one and a slippery slope in the long-term. Its a danger noted by Chad Alan Goldberg, University of Wisconsin - Madison Professor of Sociology, as he examines similar circumstances when, students in this instance, dont feel as if they have a stake or voice in their campus community: Alexis de Tocqueville called individualism: the tendency that disposes each member of the community to sever himself from the mass of his fellows and to draw apart with his family and his friends, so that after he has thus formed a little circle of his own, he willingly leaves society at large to itself. Why is individualism a problem? Because the alternative [to shared governance in this instance], as Tocqueville pointed out, is guardianship and tutelage [by Institutional Administration]. Bad guardians use their power to make decisions with which citizens may not agree and which may even be detrimental to their

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interests. But even in the best case, when benevolent guardians have our best interests at heart, guardianship gradually degrades our capacities to think, feel, and act for ourselves in matters that affect us and for which we have a legal responsibility. Administration needs to respect students statutory rights. Students don't want to work against Administration, students want to work together collaboratively with them and the other shared governance groups to further the collective goals of the institution. But unfortunately, it feels as if yourself and others in Administration don't believe that students should have a true, legitimate, and meaningful stake in the future of UWM. This is evidenced by the words and actions of yourself and your colleagues over the past year.

Finally, we would like to formally announce our intent to organize the students of UWM legitimately under Wis. Stat. 36.09(5) as strong partners in the shared governance concept at UWM. The approval threshold of over 242 students seems to be what is necessary to propose a more legitimate constitution than the Board of Trustees constitution, and one that more students will have organized under; although our goal is to petition for at least the historical custom of 5% of UWM students in support of a new Student Association Constitution over the next week. In order to give you more than adequate time to prepare, we are formally requesting the use of electronic resources at the University of Wisconsin-Milwaukee to conduct an online all-student petition referendum over UWMs Web-based Survey Instrument (Qualtrics) and via Pantherlink. The purpose of our petition and subsequent referendum is to organize legitimate student representation at UWM as is the right of the students pursuant to Wisconsin State Statue 36.09(5). We have attached the electronic ballot we are requesting to be sent to the student body on April 6, 2014/12:00am and to be resent to each student daily who has not participated until the end duration of the petition period on April 12, 2014/11:59pm. This duration mirrors the duration of the previous referendum. We are requesting as students and organizers that we be allowed to serve as observers and have access to the live-results of the poll at all times to ensure the integrity of the results. Historically, this function has been achieved in conjunction with either the Dean of Students Office (Tom McGinnity) or more recently SAPS Director David Stockton. However due to a conflict of interest with the Division of Student Affairs and concerns about the SAPS office, we request that a special interim election commission consisting of UWM Academic Staff member and Senior Lecturer of Computer Science Paul McNally is appointed to oversee and administer the constitutional referendum and initial elections for all generally elected Student Association officers. Mr. McNally has previously impartially overseen Student Association elections and we, as students, feel he will independently and impartially uphold the tenants of a legitimate and fair election. Lastly, we expect to be given the opportunity to use and access electronic and online resources like other groups and associations of students on campus, in particular the resources the Board of Trustees were given to hold their referendum. In fairness we expect to be afforded these same rights and without any undue interference. We look forward to a prompt response from you and look forward to polling the student body in the interest of legitimate shared governance at the University of Wisconsin Milwaukee. Sincerely,

_______________________________ Taylor Q. Scott tqscott@uwm.edu

_______________________________ Leyton E. Schiebel leyton@uwm.edu _______________________________ Emma J. Borkowski borkow26@uwm.edu

_______________________________ M. Samir Siddique siddique@uwm.edu

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UWM Student Association Constitutional Referendum Language To: UWM Student Body Duration: April 6, 2014/12:00am to April 12, 2014/11:59pm. Language: "I, as an enrolled student at the University of Wisconsin-Milwaukee, hereby vote for the UWM Student Association to adopt the new constitution and transitional bylaws, as presented here, and choose to be organized solely as such under Wis. Stat. 36.09(5): " [YES]/[NO]

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UW-Milwaukee Student Association Constitution1

Article IV. Officers, Meetings, Bylaws

Section 4.01 Officers Article I. Name The name of this organization shall be the UWM Student (1) The SA shall have for its officers a President, Vice President, Association. It is hereinafter referred to as the SA. 2 Secretary, Treasurer, three Election Commissioners, a number of Senators, and a number of Student Court Justices. No individual may Article II. Purpose The purpose of the SA is to exercise all rights and simultaneously serve in more than one office. Officers may not delegate powers granted collectively to University of Wisconsin-Milwaukee the duties of their respective office except as provided herein. students under Wisconsin state statute 36.09(5), to exercise accountability to and on behalf of its members, to defend their rights, (2) A student enrolled in any class that is offered for academic credit is advocate for their interests and demands, and perform or direct other qualified to serve as an officer or vote in the election of officers until the activities in service of such interests and demands.3 end of the registration period for the next spring or fall academic term or until terminated pursuant to action under the SA constitution or state Article III. Membership statute 36.05(11). The SA may limit by ordinary legislation the Section 3.01. All students at the University of Wisconsin-Milwaukee shall applicability of this subsection to any new category of student created by be members of the SA.4 the university administration after its adoption.6 Section 3.02. As used herein, students shall be liberally construed to (3) It is the supreme duty of all officers to fight for students rights, their include all persons enrolled in any type of class, admitted to any interests, and their expressed intent to benefit others. The powers of academic program, participating in a student exchange program or office exerted in the name of students must serve such public ends over continuing in any relationship implying intent to receive further instruction private ones. Officers must particularly fight for the recognition and under the auspices of UWM, to the extent consistent with Wisconsin preservation of collective student rights when then they are not observed. state statute 36.05(11).5 Section 4.02 Meetings Meetings of all SA bodies shall abide by orderly rules. In the absence of a contrary rule having been adopted, the 1 General Comments: Some general features of this constitution as compared to that put to provisions of the most recent edition of Roberts Rules of Order Newly referendum in January 2014 and receiving less than one percent of the vote: Revised for conduct of meetings shall apply.7 1) The provisions are intended to be very durable, i.e., difficult to change and intended to
become venerated over long use. To enhance their venerability, they are based on historical SA constitutions where possible. Because they are to be relatively stable over time, they do not enact any sweeping untested changes, but instead grant flexibility to experiment with changes and reject them if they do not succeed without need of a constitutional amendment. This flexibility is designed to keep intact important principles while allowing response for change. For example, instead of specifying the representation of each school or college in the senate, this document provides for apportionment sensitive to changes in relevant enrollment among the schools, or the creation of new schools. 2) All provisions have a meaningful effect, and all important effects are provided for. The January 2014 document created dozens of units and new positions with a constitutionally mandated name but no other distinct duties or distinguishing features, thus leaving the entire meaning of such provisions dependent on future bylaws. Here, bylaws to be initially applied are included, so students know what they are voting for, and the most important decisions are not simply deferred. 3) Careful attention is paid to answering all basic questions, especially about who bears responsibility for what. Where matters are intrinsically difficult to state with precision, development by bylaw and judicial interpretation is necessarily invited, but the effort is made to avoid ambiguity and confusion in the first instance, minimizing this role. 4) This constitution is intended to reflect and protect student power, while the January 2014 document was a constitution of weakness. UWM administration had no role in forming this constitution, it says nothing that would institutionalize or accede to administration claims of power over student affairs, and it actively promotes and supports student rights in every instance.
2

Section 4.03 Bylaws (1) The SA may adopt bylaws more durable than ordinary legislation but less durable than this constitution. (2) The SA shall have only one set of bylaws, which may codify interpretations of this constitution, provide for different operating procedures for different units of the SA, for a code of conduct, or a bill of rights, or commit the SA to durable positions, objectives or programs.8 (3) Any adoption or change in the bylaws may be made only by the following process: (a) Any SA official may bring the proposal to the senate. (b) If the senate approves by a simple majority, the measure will be transmitted to any affected unit of SA and published by the SA with a solicitation for public comment. The president or any affected unit may report on the proposal. (c) Thirty days after publication, the senate may do any of the following: by 2/3 majority vote, adopt or reject the rule unchanged; or by simple majority amend the proposal and resubmit it for comment. (d) This process may repeat as many times as the senate so elects, except that a rule that has had at least two comment periods dies at the end of the annual senate session.

Comment on Article I: The name format that the administration seeks to impose, Student Association at UWM, is expressly designed to distance groups bearing that name from the impression that they are a formal part of the university or bear any university authority. Rejection of that name reflects rejection of the premise. Comment on Article II: The formula interests and demands is intended as a compromise between interests determined paternalistically by representatives, and demands arising directly from represented students. Perform or direct other activities means that the SA is fully authorized to serve any student goals itself or by agreement for services and is not limited to advocating for others to serve student needs. Wisconsin state statute 36.09(5) reads: The students of each institution or campus subject to the responsibilities and powers of the board, the president, the chancellor and the faculty shall be active participants in the immediate governance of and policy development for such institutions. As such, students shall have primary responsibility for the formulation and review of policies concerning student life, services and interests. Students in consultation with the chancellor and subject to the final confirmation of the board shall have the responsibility for the disposition of those student fees which constitute substantial support for campus student activities. The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to partic ipate in institutional governance.
3 4

Comment on Section 4.01(2): The primary reason for this rule is the college of continuing education, whose 20,000 participants take mostly special non-credit classes, do not pay full segregated fees, and are thus hold a smaller stake in student interests. In the past they appear to not have been considered SA members, but this is not easily reconciled with the statute.
7

Comment on Section 3.01: The language reflects both the goal of extending student rights to all persons over whom the university claims any jurisdiction based on student status and Wisconsin case law assigning greater legitimacy to student government organizations with all students as members. SA v. Baum, 74 Wis. 2d 283, 246 N.W.2d 622 (1976). Comment on Section 3.02: Wisconsin state statute 36.05(11) reads: Student means any person who is registered for study in any institution for the current academic period. For the purpose of administering particular programs or functions involving students, the board shall promulgate rules defining continuation or termination of student status during periods between academic periods.
5

Comment on Section 4.02: See also Section 6.03 particularly regarding meetings of the SA Senate. Please also note that Roberts Rules of Order contains distinct rules for small boards, ordinary assemblies, and mass assemblies.
8

Comment on Paragraph 4.03(2): The SA presently purports to have an ethics code, representative contract, and separate sets of bylaws for the student court, election commission, and various standing committees and auxiliary units. Some of these resemble constitutions, with effectively redundant provisions for bodys name, enactment and amendment of the bylaws and so on. They were created in various ways with different degree of authority. This paragraph reflects an intent that the more durable rules for SA governance be gathered into one code all of equal standing and the redundant matter discarded.

Article V. Declaration of Rights9

(c) Notwithstanding the preceding paragraph, the SA or its legislation may take into regard such special traits of members in order to Section 5.01 Nondelegation. All members have the right to have their improve diversity of input and participation in any of its programs, status within the SA determined entirely by the SA itself. The SA may not provided that such consideration does not violate state or federal law. delegate through ordinary legislation any decision over the status or rights of its members, or make membership rights contingent upon a (6) The SA recognizes that legal equality defies succinct description and determination of faculty or administrators. The SA may rely on reports of invites elaboration by precedent and further codification. the registrar reflecting student enrollment status provided that a member may appeal the accuracy of such report to the senate.10 Section 5.03 Due Process. Section 5.02 Equality. (1) Members of the SA shall be presumed equal in all rights set forth in this constitution, except as otherwise provided or permitted herein. (1) The rights of members, once granted, to vote in an SA election, hold an SA officer position, or participate in any SA program or activity, may not be taken away without due process.

(2) The passage of valid legislation negating a legislatively granted right, the passage of a bylaw negating a right granted by bylaw, or the passage of a constitutional amendment negating a constitutional right, constitutes due process except as applied retroactively to a member or where the (3) The SA may not enact any legislation or bylaw directed at the rights of member has already relied upon a granted right to their detriment. a particular individual.12 (3) Except as provided in subsection (2) above, due process entails at (2) The SA or its legislation may not make arbitrary distinctions among members, but may consider a members ordinary traits rationally related to a neutral legislative goal.11 (4) No SA officer or agent shall grant preferential or dispreferential treatment to any member on the basis of a family, business or private relationship between them or other non-public interest. 13 minimum: (a) reasonable notice of the proposed action affecting the right, its basis in fact, its basis in law, and the means by which the member may contest the action. (b) the right to be heard on the matter, present (5) (a) The SA recognizes traits of race, color, ethnicity, national origin, evidence, (c) These rights must be provided reasonably in advance of religion, creed, sex, gender identity, sexual orientation, ability status, age, the action, or if an urgent public interest requires taking of the right beforehand, as soon thereafter as practicable. (d) If the action seeks to genetic information, family status, military or veteran status, arrest or affect the rights of an individual member in response to wrongdoing by conviction record, political ideology, private voting history, dietary that member against a public interest, that member has the right to practice, physical appearance, and history of having opposed remain silent, argue through an intermediary, and be presumed innocent discrimination based on these traits as subject to varying degrees of until demonstrated responsible by clear and convincing evidence. 14 special protection. (b) The SA or its legislation may implicate these special traits only where an especially compelling need exists to take such characteristic into account. Eligibility for employment or holding of any right or position with the SA or access to any of its services may not be conditioned on such traits except where required by law or where the trait is a bona fide qualification for the holding of a position. (4) The SA recognizes that legal due process defies succinct description and invites elaboration by precedent and further codification.

Comment on Article V: Historically, SA Constitutions have contained a bill of rights, but the effect of such provisions has been more negative than positive. When stated vaguely, such provisions have the given the student court extraordinary power through their interpretation and led to more than one judicial coup. If fixed to the meaning of the state and federal constitutions, they become mostly redundant, because virtually all students are under the jurisdiction of those constitutions already. If rights are set forth in detail, they become too inflexible and verbose. The goal of this article is to identify and protect meaningful student interests that might not be covered by existing state or federal law.
10

Section 5.04 Speech, Association, and Assembly. SA members have the right to speak, associate, or assemble, which the University Student Court may interpret to go beyond the parallel rights granted by the state and federal constitutions. The SA will not subject its officers to restrictions on their right to speak, associate, or assemble except as consistent with state and federal law and necessary to serve a compelling public purpose. Article VI. The SA Senate Section 6.01 Composition The Legislative branch of the SA shall be called the SA Senate and its members Senators. Unless a higher or lower number is established by bylaw, the maximum number of senators shall be 35. Section 6.02 Term and Election (1) Senators shall be elected at large by all members eligible to vote for officers, except that the by-laws may provide for apportionment of seats in a manner that provides equal power to each elector.16 (2) A regular election shall be conducted annually in April for each senate seat. Senators terms begin on June 1 of each year and run naturally for one year, except that the by-laws may provide for a minority of senators to be elected in October to serve yearlong natural terms beginning December 1. Irrespective of their natural term, senators may continue in

Comment on Section 5.01: This rule reflects the power of the SA to define the status of its own members. It means that the SA cannot limit rights based by automatic reference to grade point average, or automatically on a finding of misconduct by the dean of students. It would not prevent the SA from making its own parallel determinations considering such information, so long as the affected student was given the right for the SA to make the final call. There should be no conflict with the Family Educational Rights and Privacy Act (FERPA) because even if FERPA distinguished university officials in the central administration from those in the student government in terms of necessary access to student data, the SA could still rely on administrators review of student enrollment data, so long as students could appeal to the SA claim the status assigned them in the administrations review was in error.
11

Comment on Paragraph 5.02(2): This sets forth for clarity a basic principle of equal protection. Ordinary traits are distinguished from the special traits of paragraph (5). Comment on Paragraph 5.02(3): Some commenters have called this the bill of attainder principle.
12 13

Comment on Paragraph 5.02(4): This provision singles out a specific application of paragraph (2) deemed of special importance. Though a video promoting the January 2014 constitution suggests it was designed to prevent nepotism, it has no direct anti-nepotism provision. This provision reflects concern that nepotism, more than other forms of arbitrariness, invokes ethical disabilities and serves as a vector for more serious forms of discrimination as set forth in paragraph (5).
14

Comment on Subparagraph 5.02(5)(a): Some of the special traits herein are granted the highest degree of federal legal protection (such as race), while others have achieved far more limited recognition.

16

Comment on Paragraph 6.02(1): This is extremely flexible to allow experimental forms of voting. For the particular mechanism that will be used in the first election, see Transitional Bylaw 6.02.

office until relieved by their elected successor, or may be removed pursuant to section 6.02(3).17 (3) A senator may be removed from office either: (a) upon his or her request, confirmed by a 1/3 vote of the senate; (b) as an automatic function of repeated absences as set forth in a by-law or ordinary legislation; or (c) by a 2/3 vote of the senate raised on a report by the University Student Court that the senator has ceased to be eligible for office or has seriously breached the standards of the office. (4) The senate by 2/3 vote may fill a vacancy in its own ranks with an eligible member to serve until ratified or relieved pursuant to the next general or special election. No more than five senators shall serve by internal appointment at any time without having been subject to general election.18 Section 6.03 Sessions and Meetings (1) Each annual senate session shall begin on June 1, with the Vice President calling the first meeting as soon as practicable in June. The senate shall adopt a regular meeting schedule consisting of at least one meeting in each of the months of June, July, August, December, January, and May and at least two meetings in each of the remaining months. (2) Special meetings may be called in the following manner: (a) the President may call a special meeting; (b) one third of the senators may call for a special meeting by petition the secretary.

(2) In support of its legislative power, the Senate and its committees may hold appropriate hearings and inquiries. (3) Legislation subject to the presidents veto authority shall not come into effect until signed, or until the time for veto has expired without a veto, or the senate receives the veto and votes by a 2/3 majority to override such veto. (4) The SA Senate shall have only the powers specified in this constitution to: (a) Internally elect its own members or remove officers (in accordance with sections 6.02, 7.06, and 8.05); (b) Transmit and publish, and ratify, amend, or reject proposed bylaws (in accordance with section 4.03(3)); and (c) approve or reject the appointments of other officers and positionholders (in accordance with sections 7.03, 7.04, 8.02 and 10.03). These powers stand in addition to ordinary legislative powers and are not subject to veto. Article VII. Executive Branch Section 7.01 President (1) The Executive branch of the SA shall be led by a President elected annually in April by all members eligible to vote for officers, to a term beginning on June 1 and running naturally for one year. Irrespective of the natural term, a president may continue in office until relieved by his or her elected successor, or may be removed pursuant to section 7.06.

(2) The SA President shall have the power and the duty to: (a) serve as the personal representative of the SA in private meetings, public (3) Senate meetings shall be announced as soon as possible in advance appearances, and any delegations to external organizations in which he and comply strictly with Wisconsin open meetings law. At least one hour or she participates, articulating the positions of the SA consistent with of public comment time must be reserved each month at which members what the Senate has set forth; (b) serve as the signatory of the SA in will be entitled to make comments to the body on issues of public correspondence, public declarations, and legal documents; (c) direct and concern. oversee the fulfillment of SA legislation as charged by the Senate; (d) report to the senate on the progress of SA goals and propose legislation (4) As further set forth in Article VII, the Vice President of the SA shall to aid in their advancement; (e) promptly challenge any attempted serve as chair of the Senate and have the power to vote in the case of a rejection by the chancellor of official SA actions, especially including tie; and the Secretary of the SA shall be responsible for SA Senate student fee decisions, and preserve all rights to appeal to the chancellor, minutes and agendas. regents, and the courts; (f) make or delegate the making of all day to day decisions as required by legislation or, subject to subsequent ratification Section 6.04 Powers and Duties or rejection by the senate, by bona fide emergency jeopardizing student interests; (g) issue such executive orders as necessary and proper to (1) The SA Senate shall have the power and the duty to consider and enact appropriate legislation to: (a) serve as the voice of the members by further the goals of the Student Association; subject to any restrictions in bylaw; (h) appoint other officers and positionholders in accordance with taking stances on issues of concern to them; (b) direct the executive sections 7.03, 7.04, 8.02 and 10.03; (i) transmit all final segregated branch to pursue particular policy goals and limit the means by which such goals are to be sought; (c) govern its own internal organization and university fee decisions to the Chancellor and the UW-System Board of Regents; and (j) perform the duties assigned to the president pursuant to parliamentary procedures and elect internal officers such as speakers and sergeant at arms such as deemed warranted; (d) create and provide section 7.05. for the administration of other SA programs and activities; (e) set the SA (3) The SA President shall have the power to sign or veto legislation budget; (f) exercise the power granted to students by law for the approved by the senate under section 6.04(1) except for that undertaken allocation of segregated university fees; (h) ratify or reject contracts pursuant to subparagraphs (c) or (g). To be valid, the veto must be between the SA and any other person or entity, or delegate to the exercised and transmitted back to the senate within seven calendar days president the power to enter the SA into a specifically described contract after the bill is first transmitted from the senate. without need of ratification; or (h) prescribe the dates of special elections for vacancies in elected positions. Section 7.02 Vice President (1) The Executive branch of the SA shall include a Vice President elected annually in April by all members eligible to vote for officers, to a term beginning on June 1 and running naturally for one year. Irrespective of the natural term, a vice president may continue in office until relieved by his or her elected successor, or may be removed pursuant to section 7.06. (2) The Vice President shall: (a) preside over meetings of the SA senate, voting only in cases of a tie; (b) perform such duties of the president as

17

Comment on Paragraph 6.02(2): The January 2014 constitution designates five seats to be elected in October but all seats take office in May. See also Transitional Bylaw 6.02.
18

Comment on Paragraph 6.02(4): The internal election mechanism has been historically used to ensure maximum possible representation. Limiting the number of senators so elected is intended to increase student input by encouraging general elections, and to mitigate the potential problem of a senate majority party using internal elections to solidify control.

the president may delegate; (c) succeed to the position of president upon absence thereof, the president shall be succeeded in order by the vice the presidents removal; and (d) perform the duties assigned to the vice president, secretary, and members of the senate in order of seniority and president pursuant to section 7.05. vote count in the last election; and the chief justice shall be succeeded by other justices in order of seniority. Section 7.03 Secretary Article VIII. University Student Court20 (1) The SA shall have a secretary, appointed by the president within 60 days of a vacancy to a term running naturally through the following June 1. Irrespective of the natural term, a secretary may continue in office until Section 8.01 Composition The Student Court shall consist of five relieved by his or her successor, or may be removed pursuant to section Justices: a Chief Justice and Four Associate Justices. 7.06. Appointments take effect after confirmation by a 2/3 vote of the Section 8.02 Term and Appointment Justices shall be appointed by the senate. The senate may make and confirm its own appointment if the president within 60 days of a vacancy and serve a term of two years, up president fails to timely make an appointment. to a maximum of two consecutive terms. Appointments take effect after (2) The secretary shall: (a) attend and record audiovisually all meetings of the SA senate as its principal note-taker and parliamentary advisor; (b) receive proposed agenda items and develop, publish and distribute the agendas, proposed bills and supporting materials for all SA senate meetings; (c) prepare, publish and maintain the minutes of all SA senate meetings; (d) provide public notice of all meetings of the SA senate and any other units of the SA requesting such service; (e) transmit all legislation or other formal actions, vetoes, and reports, among the units of the SA, within 24 hours of their taking place, and publish same as soon as practical after redaction of any confidential matter, with solicitation of public comment, (f) maintain the nonfinancial records of the SA and respond to all requests for inspection or copying of all SA records; and (g) perform the duties assigned to the secretary pursuant to section 7.05. Section 7.04 Treasurer (1) The SA shall have a treasurer, appointed by the president within 60 days of a vacancy to a term running naturally through the following June 1. Irrespective of the natural term, a treasurer may continue in office until relieved by his or her successor, or may be removed pursuant to section 7.06. Appointments take effect after confirmation by a 2/3 vote of the senate. The senate may make and confirm its own appointment if the president fails to timely make an appointment. confirmation by a 2/3 vote of the senate. The senate may make and confirm its own appointment if the president fails to timely forward a nomination. Notwithstanding the foregoing, whenever three justices have been appointed with more than 18 months remaining on their terms, subsequent appointments shall be for terms of one year.

Section 8.03 Chief Justice The Chief Justice, except where it is necessary for him or her to delegate to another justice for reasons of unavailability, shall preside over all business meetings of the court and all sessions of the parking tribunal, issue any subpoenas for the court, and appoint all staff and subsidiary positions of the court. Section 8.04 Duties (1) The court shall: (a) provide for its internal organization within the bounds set by the SA constitution, bylaws, and legislation; (b) maintain copies of its past decisions for public reference; (c) report to the senate its recommendations for improvement in the clarity, consistency, and effectiveness of its laws.

(2) The court shall hear cases over which it has jurisdiction by the whole court or a panel of three, and reject all cases over which it has no jurisdiction. Jurisdiction extends only to (a) advisory interpretations of SA law made upon request of an officer; (b) oversight of on-campus parking appeals; (c) decision on questions referred to it by third parties, binding (2) The treasurer shall: (a) maintain the financial records of the SA, which only against those parties, if the court agrees to the jurisdiction; (d) trial or voluntary mediation of civil disputes among SA members, SA units duty the treasurer may delegate in whole or part but must carefully other than the student court, student organizations where the parties oversee; (b) report to the president and the senate on the state of SA have a genuine interest in the controversy, and-or other entities finances, research financial options, and make recommendations on supported by student segregated university fees; (e) report on the financial questions; (c) serve as signatory for authorized disbursements 19 of student monies; and (d) perform the duties assigned to the treasurer eligibility and fitness of SA officers and positionholders as directed by law after providing due process to any SA member suspected or accused of pursuant to section 7.05. ineligibility or unfitness. Section 7.05 Other Duties The members of the executive branch may (3) (a) The civil jurisdiction of the court includes the power to rule on the be assigned additional duties through the bylaws, including the outcomes of election disputes, or suspend the implementation of, limit requirement to serve specified quantities of weekly office hours. the application off, or ultimately overturn, the putative official acts of other Section 7.06 Removal of Executive Officers An executive officer may be removed from office either: (a) upon his or her request, confirmed by a 1/3 vote of the senate; (b) as an automatic function of repeated absences as set forth in a by-law or ordinary legislation; or (c) by a 2/3 vote of the senate raised on a report by the University Student Court that the officer has ceased to be eligible for office or has seriously breached the standards of the office. Section 7.07 Succession The SA may enact legislation determining succession rules in the event of multiple simultaneous vacancies. In SA units where those units have exceeded their authority. (b) Such power is not plenary and must be exercised reasonably and in accordance with the constitution, bylaws, and standards of statutory interpretation and stare decisis used in Wisconsin courts. (c) In the event of a crisis where the affected unit refuses to abide by a court order on the basis of its exceeding the courts authority of this section, or a candidate supported by at least two percent of the members rejects a finding by the court denying the candidate office for such reason, or where the senate finds that a court decision affects the public interest and has no reasonable basis in law, the status quo ante shall be preserved while the matter is submitted to binding arbitration by an external arbiter unassociated with any UW campus administration. The arbiter may be

19

Comment on Paragraph 7.04(2): The language is intentionally general to avoid either endorsement of or conflict with any state or institutional policies that might require another person serve as the ultimate signatory for certain accounts after the SA directs a release of funds. By not asserting that the treasurer must be the exclusive signer, the option of multiple signatories is also left open.

20

See Transitional Law 8.01.

designated by legislation, but such selection shall not be effective for a dispute already commenced at the time of such legislations passage.21 (4) The justices may be assigned additional duties through the bylaws, including the requirement to serve specified quantities of weekly office hours. Section 8.05 Removal of Judicial Officers A justice may be removed from office either: (a) upon his or her request, confirmed by a 1/3 vote of the senate; (b) as an automatic function of repeated absences as set forth in a by-law or ordinary legislation; (c) by a 2/3 vote of the senate raised on a report by the University Student Court that the justice has ceased to be eligible for office or has seriously breached the standards of the office; or (d) automatically when the justice is found in arbitration under section 8.04(3) to have exceeded the powers of office.22 Article IX. Associated and Subsidiary Units Section 9.01 Shared Governance Committees (1) The SA shall oversee the appointment of all students to university shared governance committees. All students who are eligible electors in SA elections are eligible for service on any committee, except as determined pursuant to paragraph (3)(d) below. (2) The SA shall initiate the development of new University shared governance committees as needed to make decisions regarding student life, services and interests; such committees shall have a preponderance of students. (3) Students may be appointed by any of the processes described in this section: (a) The SA shall designate an executive officer to make all initial appointments. The appointee shall enter service immediately but the SA senate may by majority vote within 30 days reject the appointment. Actions of a proper appointee are not affected by subsequent rejection. (b) If the executive officer is designated to make appointments under (a) and fails to make a timely appointment, either that officer or the senate by majority vote may then make such appointment. If both authorities so act, earlier appointments shall have priority over later ones. (c) The SA may, using any process described in this section, designate more members of a shared governance committee than there are seats available. Members designated in excess of the allowed student membership of a committee shall serve as alternates upon the unavailability of one or more higher-priority student members of a committee. (d) An appointed student member of a committee, in the event of an emergency and subject to the consent of that committee, may appoint their own proxy. A proxy is inferior in priority to all designated members and alternates and is bound to any written instructions from the appointing student.
21

(e) The SA, in pursuit of maximum student representation, may agree to specific qualifications and means of selection decided within the shared governance process for some or all of the student members of particular committees (such as that an SA official be seated by virtue of office, or be chosen from among a particular group of stakeholders). Under this paragraph, responsibility for appointment may be delegated to a student entity as described in section 9.02. Once so agreed, the SA may withdraw its agreement by ordinary legislation. (4) Designated student members of shared governance committees are expected to report to the SA Senate the actions of their respective committees and vote in those committees in a manner consistent with SA policy. Members may be reduced to alternate status, removed, or barred from further service on a committee upon a 2/3 vote of the senate. Section 9.02 Student Organizations The SA shall oversee the recognition and support of student organizations. The SA may recognize or not recognize other organizations that aspire to a role in institutional governance. In the event of a conflict in positions between such organization and the SA, the SAs position shall be paramount. No such organization shall elect its members from among the whole of eligible SA electors. Section 9.03 Staff and Advisors (1) Because it is in the interests of students to preserve continuity and institutional memory, the SA may appoint one or more persons to serve as counselors or advisors who need not be students. No legislation or order may devolve power or authority to such persons other than to advise or assist upon request of an officer, and no such person may serve who owes any duty of loyalty to the UWM administration. (2) To assist the work of the SA, it may recruit and retain volunteers or paid staff. Each such person shall report exclusively to an SA officer designated as his or her supervisor. The process for attracting and selecting such persons shall be student-controlled, public, transparent, and provide equal opportunity for all applicants, along with any such affirmative action as legally permitted. The SA may by legislation identify a standing committee or commission to review applicants or volunteers. The use of such process is encouraged but not required for the vetting of all potential political appointments. Article X. Elections Section 10.1 Scope. Those elections of officers called for by this constitution, or conducted pursuant to its provisions for amendment, referendum or recall, shall be governed by this article. These provisions do not apply to internal elections by SA governing units, such as the election by the senate of its own officers. Section 10.2 Ideals. (1) Elections under this article shall be performed by secure, secret ballot, by a process providing for reasonable notice and access to all electors, reasonable conditions of fairness and equality among voters, wide freedom to campaign, and overall transparency. (2) Freedom to campaign means the right of advocates for or against any party, candidate or referendum option to address voters by any means and effectively communicate their positions, subject only to restrictions narrowly drawn to serve a compelling interest; generally this should permit all campaigning that does not: (a) harass persons that ask to be left alone, (b) include bribery or threats, (c) rely on partisan access to public funding or resources; (d) operate by censoring or blocking other campaigners messages rather than by counterspeech; or (e) rely upon violations of laws of general application such as those against trespassing or endangering safety.

Comment on Paragraph 8.04(3): This might seem like a response to recent events but it is also in response to repeated constitutional crises which the SA has encountered for decades. This section does not create a super-appeal of USC decisions except under rare circumstances where the court appears to act beyond its powers and thus generate a crisis between different branches of government. In ordinary cases, where the interest affected is private or the court simply makes a reasonable error, its decision is final.
22

Comment on Section 8.05: The removal of justices has been a thorny issue in the case of serious constitutional crises: justices have historically acted as one, so that trusting the court to self-police tends to be ineffective. Impeachment by the senate has resulted in the past in the court declaring the impeachment unlawful. The January 2014 constitution attempts to rely on joint executive-legislative action, but this would allow the court to corruptly perpetuate an incumbent party. The solution here is to trust the court in the ordinary case. Two provisions back this up in event of failure: first, if judicial corruption reaches the point of crisis, an external arbitrator may effectively remove them; second, justices are made subject to popular recall under section 10.04(3).

(3) An election shall be deemed to comply with this section if it substantially adheres to a published process that reasonably meets these standards. Section 10.3 Election Commission; Election Complaints (1) Elections shall be administered by an Independent Election Commission consisting of three students designated as a chief commissioner and two deputy commissioners appointed and confirmed by 2/3 vote of the senate. No election commissioner or University Student Court Justice can run as a candidate in any election they oversee or administer. The most senior commissioner shall be the chief. Commissioners natural terms shall be for three years and shall be staggered. Primary power to appoint commissioners shall rest with the president, but no president shall appoint more than one sitting commissioner. If additional vacancies occur, remaining appointments shall be made in alternation between the senior senators representing the top two political parties in order of total senate representation.23 (2) The duties of the commission shall be: (a) to organize the election according to any rules established by constitution, bylaws, or legislation; (b) to recommend rules and standards to the senate and president that may be beneficial in future elections; (c) to oversee all audits of nomination signatures, (d) confirm and publish lists of all registered parties and candidates; (e) oversee policing of all rules against improper campaigning; and (f) to announce election results. (3) The commission shall act promptly on complaints of violations of campaigning or other election rules. Its primary goals in so doing will be to prevent further violations and to offset any illicitly acquired advantages so that the election will remain as fair as possible. All parties are entitled to a fair hearing. No party shall be sanctioned to an extent greater than necessary to offset an illicitly acquired advantage unless there is clear and convincing proof that the party or candidate advantaged by a violation was directly responsible for the violation through its own intentional or reckless violation of the rules. (4) Sanctions may include cancellation of votes garnered by fraud or threat, or in the extreme case, disqualification of a candidate. Any case that might change the election outcome shall be resolved within 7 calendar days of the end of voting. Such decision is automatically appealed to the University Student Court, which has 30 days to uphold, modify, or reject the IEC ruling. The Court must liberally accept offers of new evidence prior to a decision. Nondecision after 30 days is deemed a rejection of the appeal. Section 10.4 Initiative, Referendum, and Recall (1) The signatures of five percent of SA members shall be sufficient to introduce a measure to the senate. (a) If proposed as non-referendum ordinary legislation, the measure will become effective unless legislation to reject it is approved through the ordinary legislative process, or unless it is returned to the student body as a referendum. (b) If proposed as a non-referendum bylaw, a completed petition shall have the same effect as initial passage by the senate under section 4.03(3)(b). (c) If proposed for referendum, whether for nonbinding input or as ordinary legislation, bylaw, or constitutional amendment, a completed petition will shall have the same effect as the senates placing the measure before the members in paragraph (2) of this section.
23

(2) The senate may place a measure before the members of the SA in a referendum. If the referendum seeks nonbinding input on a proposed measure, the required vote shall be a simple majority. In all other cases, a 2/3 majority is required. Before a bylaw or constitutional amendment is submitted for referendum, it must go through either the bylaw notice process of section 4.03(3) or the initiative process of section 10.04(1). (3) Any officer, having served at least four months in office, is subject to recall upon the petition of as many constituent electors as had voted to put the officer in office, or in the case of an appointed officer, five percent of SA members eligible to vote. After a sufficient petition, a special election must be held within 30 days for the position. In the case of nonelected officer, the election shall be between retaining the officer, or removing them for a period of one year, opening the position for reappointment. Article XI. Ratification, Amendment, and Initial Application Section 11.01 Ratification This Constitution shall become the supreme law of the SA, replacing all other constitutions, immediately upon petition for its adoption by one percent of the student body, unless subsequently rejected in a fair up or down referendum of the whole student body.24 Section 11.02 Amendment This Constitution may be amended or replaced only by the process stated in section 10.4. Section 11.03 Severability If any provision of this constitution should be found in violation of state or federal law, the remainder shall stand, except where the operation of one section without the operation of another would produce an absurd result, or where the SA has specified the nonseverability of provisions by legislation. Section 11.04 Initial Legislation and Bylaws Upon passage of this constitution, all actions taken in the name of the student body from May 1, 2013 onward, other than distributions of program funds to registered student organizations and continuation of annually approved programs, are declared null and void. Legislation made prior to that date is restored or continued in force. All prior bylaws are indefinitely suspended. Segregated fee allocations for the pending fiscal year are provisionally set to last years levels. A special interim election commission consisting of UWM Academic Staff member and Senior Lecturer of Computer Science*25 Paul McNally is appointed to oversee initial elections for all generally elected Student Association officers. Mr. McNally has previously impartially overseen Student Association elections and we, as students, feel he will independently and impartially uphold the tenants of a legitimate and fair election. For the purposes of the spring 2014 Student Association election all rules/campaign sheets/announcements shall be posted publicly in the UWM Student Union and request-able by email at: macatck@uwm.edu. The following Transitional Laws and Bylaws provisions will also come into or remain in force with the status of bylaws or ordinary legislation as so designated herein:

Comment on Section 10.3(1): Appointment authority is intentionally diffused to mitigate the influence of the sitting government over the process for determining its successor. The January 2014 constitution seeks the same goal by placing non-students on the commission. This Constitution views that as an extreme solution that undermines self-determination of the students and places the administration in the position to influence or even halt student elections. Past student officials have usually demonstrated honesty and public spiritedness. That, combined with the Madisonian division of power and recourse to arbitration in the most extreme cases, should be sufficient.

24

Comment on Section 11.01: The adoption threshold is unusually low because the constitution which this document would replace has the legitimacy of less than 250 students having voted for it. It is however anticipated that its adoption will garner much broader support.
25

*For informative purposes only.

then it shall be held for the same duration of days, except conforming to the business hours of the UWM Student Union (unless the IEC has a compelling reason to schedule otherwise). The Commission shall Transitional Bylaw 4.03 (1) Officers and other holders of SA-elected or announce election results within 24 hours of polls closing. and amending appointed positions should seek to exemplify the highest standards of IV:2.B. to read Signature sheets will be made available publicly in the service and must at minimum: (a) serve office hours as required by UWM Student Union on the bulletin board outside EG79 and directly by bylaw, and attend and observe proper decorum at all meetings of any email from the IEC Paul McNally (macatck@uwm.edu) within 24 hours of body to which they have been elected or appointed by the SA, except the passage of this constitutional referendum. And amending IV:2.F. to where sound reasons justify an absence or indecorum; (b) preserve read: After this one-week period, the Commission shall post a list of all confidences concerning information to which they are exposed by virtue candidates that obtained the requisite number of valid signatures. And of office; (c) use the powers and resources of office only for the public amending V:2.A-D. to only require 20 signatures to be included on the interest and disclose any potential conflict of interest before voting or ballot; are thus adopted with the status of ordinary legislation.27 acting on an issue of real or apparent conflict; and (d) adhere to SA rules (2) V:1.A. of the bylaws of the independent election commission shall and refrain from prohibited or scandalous conduct suggesting an have the same interpretation as Article III in the new constitution. unfitness for service. (3) Exact scanned electronic facsimile of the signatures for the 2014 spring regular election shall be due directly by email to the IEC Paul (2) Serious breach of the above standards may be subject to a warning McNally (macatck@uwm.edu) two weeks before the election date. or appropriate penalty up through and including removal from office (4) The IEC may amend or change any of the rules in this section and pursuant to subparagraphs 6.04(4)(a) and 8.04(2)(e) of the SA their applicability, if a compelling need exists for the purposes of the 2014 constitution and its legislation elaborating these functions. spring regular election. Such amendments or changes shall always be Transitional Bylaw 6.02: (a) Elections for the positions of Student construed in a way that maximizes student participation and upholds the Association President and Vice President, and the Student Association fairness of the election. Senate seats shall be held before the end of the spring 2014 semester in accordance with this document and the new constitution. (b) In the 2014 spring regular election, senate seats will be apportioned, based on spring 2014 enrollment, as follows: 8 from the College of Letters and Sciences (Including AOC and Global Studies), 3 from the School of Business; 2 from Health Sciences; 1 each from Education, Arts, Engineering and Applied Science, Social Welfare, Nursing, Information Studies, and Architecture and Urban Planning; 4 from the Graduate School and 7 atlarge. (c) Four seats of the SA senate shall be set aside for the October election of senators representing and elected by those eligible members who have not yet attained sophomore standing; for 2014 only, a special election for these seats will be held coinciding with the regular election, but for half-terms ending November 30.

Transitional Laws and Bylaws

Transitional Law 8.01: (1) Chapters five through eleven of the bylaws of the university student court as revised through October 2011, in SA document SB1112-022 are adopted with the status of ordinary legislation. Stray cross references are to be resolved as follows: the reference in 7.11.1 to per section 13.2 is struck; the reference in 7.12.3 to 9.5a through 9.9b is corrected to read 7.5.1 to 7.9.2; the reference in 10.1 to 11.4 is corrected to read 10.4; and all references to 2.0 shall refer instead to paragraph 8.04(2) of this constitution.26 Transitional Law 10.03: (1) Articles four through seven of the bylaws of the independent election commission as revised through July 2012, in SA document SB1112-011, except for the references in paragraph IV:1.A-B. to as described in Article II, Section 3, D, of these bylaws and online, paragraphs IV:1.C. and IV:2.C, all of paragraphs IV:3; and VII:1.D, the last two sentences of IV:2.D, paragraph V:4, amending IV:2.A to read: Student Association Elections will be held a consecutive Tuesday, Wednesday, and Thursday of April and/or May. If polling is online, polling will open at 12:01am on Tuesday, and will conclude on 11:59pm on Thursday. If polling is paper,
26

27

Comment on Initial Law 8.01: The longer sections of the USC Bylaws, principally reflecting civil and parking tribunal procedures are preserved but with reduced status, because they are not very good and should be improved before becoming too hard to fix. Nevertheless, they have been in place for decades, relatively unchanged, and have proven to work adequately most of the time. The remaining sections are either redundant to the provisions of the Constitution, or really bad. Additionally, the old bylaws lack similarly developed rules for mediation or reporting on the fitness of officers.

Comment on Initial Law 10.01: The longer sections of the IEC Bylaws, principally reflecting election procedures are preserved but with reduced status, because they are not very good and should be improved before becoming too hard to fix. Nevertheless, they have been in place for decades, relatively unchanged, and have proven to work adequately most of the time. The remaining sections are either redundant to the provisions of the Constitution, or really bad. The choice was made to adapt old IEC bylaws rather than those putatively adopted by the interim SA in December 2013 because those provisions are both untested and nearly all in conflict with the principles of this constitution, especially as they largely cede student control of elections to administrators and other non-students.

UWM STUDENT ASSOCIATION CONSTITUTIONAL REFERENDUM PETITION

I, as an enrolled University of Wisconsin Milwaukee (UWM) Student, per Wis. Stat. 36.09(5); (1) Have no confidence in, declare that I am not represented by, and do not recognize: the Board of Trustees, the University Student Court that created it, any subsidiary bodies under them, and any officials therein; (2) Do not approve of my segregated university fees (SUF) being used by or paid to: the Board of Trustees, the University S tudent Court that created it, any subsidiary bodies under them, the Student Association Professional Staff [SAPS] Office, and any officials therein said bodies/entities; (3) Have no confidence in the legitimacy of, declare that I am not represented by, and do not recognize: the Boa rd of Trustees Student Association Constitution found at: [ http://www.scribd.com/doc/214780201 ]; (4) Do not recognize any actions of the Board of Trustees and the University Student Court d/b/a St udent Association (starting on May 23, 2013), including the segregated university fees (SUF) allocations done by them (other than distributions of program funds to registered student organizations and continuation of annually approved programs), I recognize the status quo ante allocations approved by the Student Association in Spring 2013 (including the $0 allocation of the Student Association Professional Staff [SAPS] Office) and approve of those status quo ante allocations applying for the 2014-2015 academic year; (5) Assert my statutory right under Wis. Stat. 36.09(5) to be organized, solely, under the UWM Student Association Constitution found at [ http://www.scribd.com/doc/214779923 ] and to select my representatives under said Constitution and the attached Transitional Bylaws; (6) I recognize said Constitution as the sole UWM Student Association Constitution, I recognize said Transitional Bylaws as the interim guidelines governing the 2014-2015 Student Association Elections, and chose to organize and select my representatives as such; (7) Hereby call for a UWM student-body referendum on the approval and enactment of said UWM Student Association Constitution, found at this link [ http://www.scribd.com/doc/214779923 ], to be held April 6-12th, 2014. First Name: Last Name: UWM Student ID Number: UWM Pantherlink Email: Signature: Date:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Printed Name of Student Organizer: ______________________________________ Student ID of Student Organizer: _________________________________________ Email/Date of Student Organizer/Date: ________________________________ Signature of Student Organizer: _____________________________________