Halifax College Students' Association Constitution This constitution is dedicated to Edward Frederick Lindley Wood, 1st Earl of Halifax (1881-1959). I: Definitions 1 In this constitution: a HCSA = Halifax College Students’ Association 2 Week numbers and term dates used in this constitution will be those used by the University. II: The Constitution 1 This is the constitution of the Halifax College Students' Association. 2 HCSA is an unincorporated association which has exempt charitable status due to its association with Halifax College at the University of York. 3 HCSA will work in accordance with: a the law 4 HCSA will guard its independence, in accordance with the best interests of its Members. No part of this constitution may be interpreted as delegating or giving powers to any other organisation, except the College Council. 5 This constitution may only be changed by a two-thirds majority at a quorate Members’ Meeting. 6 Disputes regarding the interpretation of this constitution should be dealt with by the Complaints Procedure set out in Article VI. III: Vision Statement 1 Halifax College Students’ Association exists to provide outstanding services and representation which improve the University experience for all Halifax College students. 2 We will do this by: a being honest and open 3 When making decisions, HCSA will always take the option it believes to be closest to its Vision Statement. IV: Membership 1 Full Members of HCSA are: a any graduate member of Halifax College 2 Associate Members of HCSA are: a anyone granted honorary membership by the Executive Meeting 3 Full and Associate Members have the right to use all services provided by HCSA, except where the Executive Meeting votes to exclude a Member from using a service. 4 Associate Members may not normally receive financial payments from HCSA. They may not participate in the governance of HCSA in any way, including standing for or voting in elections. V: Right to Opt-Out 1 Members have the right to leave by informing a Major Officer of their decision. They will no longer be a Member of HCSA. 2 Members who have left, but who qualify for membership, may rejoin by informing a Major Officer of their decision. They will become a Member of HCSA again from the start of the next term. 3 Non-Members who would qualify for membership have the same rights as Associate Members. VI: Complaints Procedure 1 If you are unhappy with the conduct of an Officer, the decision of an Executive Meeting or the interpretation of this constitution, then you may make a complaint to any Major Officer. If the complaint refers to a Major Officer then it should be given to any Officer. 2 This Officer will inform the next Executive Meeting of the complaint and will try to find a solution which can be agreed by both groups. 3 If no solution can be found, then the Executive Meeting will decide what action should be taken. 4 If you are not satisfied with this decision you have the right to take your complaint to the College Council, whose decision will be final. VII: Equal Opportunities 1 HCSA recognises the diverse needs of its membership. We will treat all our members with respect and aim to serve them in an appropriate way. 2 We will not discriminate on the grounds of: a age 3 We may establish procedures to redress any discrimination in the College. These must be proportionate and applied fairly. VIII: Officers 1 The following positions may be held by one Full Member: a President 2 The following positions may be held by up to two Full Members: a Website officer 3 The following positions may be held by up to four Full Members: a Male Sports officer 4 People jointly holding a position will between them have one vote and count as one Officer in the quoracy count for an Executive Meeting. They can only be censured, no-confidenced or resign as a group. 5 If people jointly holding a position do not agree on how they should vote in an Executive Meeting, then they must abstain, or their vote will not be counted. 6 The Officers are the trustees of HCSA. They are jointly and severally responsible for its good financial and general management. 7 For the Education Act 1994, the Major Officers are the: a President 8 An Officer may resign by submitting a letter of resignation to any Major Officer. a If a motion of no confidence is successful against a Major Officer then there must be an election to appoint their successor. 9 If an Officer is unable to do their job then the President, or an Officer appointed by them, will temporarily take over their position. The next Executive Meeting may delegate their work to another Officer. IX: Members’ Meetings 1 The President will call a Members’ Meeting if: a fifty Full Members have signed a petition calling for one 2 The sovereign body of HCSA is the Members’ Meeting, except where overruled by the College Council, which is given supremacy by this constitution. 3 All Officers must attend each Members’ Meeting or send their apologies. 4 The agenda of the Members’ Meeting will be: a Apologies 5 At least six days notice of a Members’ Meeting will be given. 6 The President, or an Officer appointed by them, will chair Members’ Meetings in accordance with the rules for an Executive Meeting, except that all Full Members may speak and vote, as long as they respect HCSA’s Equality policy. Only Full Members may submit or second a motion to a Members' Meeting. 7 The quorum for a Members’ Meeting is fifty Full Members of HCSA. The Members’ Meeting may not vote on any matter unless quorate. The chair will make a quoracy count at the start of each Members’ Meeting. Only Full Members may vote at a Members' Meeting. 8 A quorate Members’ Meeting may overrule the decision of an Executive Meeting if passed by a two-thirds majority. 9 Constitutional amendments will be treated as motions, except that they must be passed by a two-thirds majority at a quorate Members’ Meeting. At least six days notice of a constitutional amendment must be given to Members. 10 At any stage of the meeting, any Full Member may propose a change of Chair. For this proposal, another officer must take the chair for the debate and vote. X: Executive Meetings 1 The Executive Meeting will carry out the day to day management of HCSA. 2 All Officers must attend each Executive Meeting or send their apologies. 3 If an Officer does not attend two consecutive Executive Meetings without giving their apologies, the President will notify them that if they fail to attend the next Executive Meeting they will be subject to an automatic vote of no confidence, which will be proposed by the meeting chair. 4 The Executive Meeting: a sets HCSA policy 5 There will be at least five Executive Meetings during each term. At least two days notice of an Executive Meeting will normally be given to all Officers. 6 The President, or an Officer appointed by them, chairs Executive Meetings. The decision of the chair in Executive Meetings will be final. 7 The chair: a chairs and sets the agenda of Executive Meetings 8 Members may attend and speak at Executive Meetings, at the chair’s discretion. a Court Officers of St Lawrence, Younger will have one vote between them. This also applies to Ingram, Irwin, Lindley and Wood whose Court officers will also have one vote between them. And so again to the Court officers of Ainsty, Hickleton and McHugh shall have one vote between them. 10 The quorum for Executive Meetings is half the number of filled positions, rounded down to the nearest whole number. The Executive Meeting may not vote on any matter unless quorate. The chair will make a quoracy count at the start of each Executive Meeting. 11 The Executive Meeting may vote to sit in private. Non-Officers must leave at this point, unless invited by the chair to remain. They may return when the Executive Meeting votes that it should sit in public again. 12 The minutes of all Executive Meetings held in public, when approved by the next Executive Meeting, will be published on the HCSA website and notice boards. 13 The Executive Meeting may set up and appoint committees, which must be chaired by an Officer. They must report back to the Executive Meeting, which may overrule their decisions. XI: Motions 1 A motion is passed if a simple majority of Officers present at a quorate Executive Meeting vote for it. Voting is by a show of hands and is counted by the chair. 2 Motions must be proposed by and seconded by an Officer. They must be submitted to the President at least three days before the Executive Meeting. Motions submitted late may proceed at the President’s discretion. The President has the right to delay any motion until the next Executive Meeting. 3 All motions will, wherever possible, be available on the HCSA website and notice boards before the Executive Meeting. 4 If amendments are proposed to a motion, then the proposer is asked if they accept them. If the proposer accepts them, then they become part of the motion. 5 Motions which are passed come into effect at the end of the Executive Meeting. All motions will continue to be in effect for five years, unless overturned or superseded. 6 The Executive Meeting may pass a motion of censure against an Officer. The motion must explain how the Officer has displeased other Officers. A motion of censure has no formal consequences. 7 The Executive Meeting may pass a motion of no-confidence against any Officer. A motion of no-confidence requires a simple majority to succeed. If the motion is passed, the Officer concerned will be suspended from office. 8 A motion of no-confidence must be confirmed at an Executive Meeting at least six days later. If the vote of no-confidence is upheld by a two-thirds majority, the Officer will immediately be removed from office. If it is not upheld, then the motion fails and the Officer is no longer suspended. 9 If you are unhappy with a motion of censure or no-confidence, then you have the right to take your complaint to the College Council, whose decision will be final. 10 If a motion of no confidence is successful against a Major Officer then there must be an election to appoint their successor. XII: Presidential Policy 1 The President may make Presidential policy, which has the same effect as a motion of the Executive Meeting. 2 Presidential policy may only be made if it: a is not a constitutional amendment XIII: Affiliations 1 The Executive Meeting may vote to affiliate HCSA to external organisations. This will be done through a motion. 2 A report on all affiliations to external organisations will be published by the Treasurer each year and will be made available on request to any Member. 3 A referendum will be held on any affiliation to an external organisation if the College Council requests it. It will be conducted as a by-election, with ‘Yes’ and ‘No’ treated as the only candidates. The question will be ‘Should HCSA continue to affiliate to aaaa?’, with aaaa being the name of the affiliate. XIV: Finance 1 HCSA is responsible for conducting its financial affairs in accordance with its vision statement and to maintain solvency. 2 HCSA may spend money on political debate, but may not give money to political parties or causes not related to its Members’ education or welfare as students. 3 HCSA will hold an account for its own funds, in addition to any account for any direct or indirect grants from the University. Funds may only be taken from these accounts with the approval of two Major Officers and subject to conditions agreed by an Executive Meeting. 4 HCSA may open further accounts to which the same conditions will apply. 5 The HCSA financial year will run from 1 January until 31 December each year. 6 The Executive Meeting will prepare and agree budget each January for the purpose of any direct or indirect grants from the University. The full budget for the year must then be presented to the College Council. 7 The College Provost is requested to monitor the expenditure of University funds. They will make sure that our accounts are accurate and properly audited. They will inform the Executive Meeting of any concerns. 8 A copy of the HCSA accounts will be made available to any Full Member and the College Provost on request. 9 All expenditure and income must be approved by an Executive Meeting. 10 All funds from commercial activities must be paid in to the HCSA accounts within 7 days of the activity taking place. 11 In the event of impending financial difficulties the President will inform the College Provost and the YUSU president immediately. 12 HCSA will aim to make a significant profit on all commercial activities it undertakes. 13 No contract with a financial consideration or which commits HCSA to a financial liability will be entered into without the express approval of an Executive Meeting. 14 HCSA will prepare and keep up to date an assets register with the assistance of the College and YUSU. 15 Assets fully owned by HCSA may be sold or rented out to other organisations at a price and subject to the conditions agreed by the Executive Meeting. 16 Officers will not be liable for any losses, liabilities, damage or misfortune sustained during the proper execution of their office. They will however be liable for the effects of any negligent, criminal or fraudulent act committed by them. 17 In the event of HCSA being dissolved, any assets will be held in trust by the College to be used for the benefit of their students. If the College no longer exists, then any assets will be given to an educational charity chosen by the final Executive Meeting. XV: Elections 1 The Officers of HCSA will be elected on a weekday during week 7 or 8 of the autumn term. 2 At least six days notice of the elections will be given. At least five days for campaigning will be given. 3 The Vice-President will act as Returning Officer, unless the Executive Meeting appoints another Officer to do the job. 4 If the Returning Officer is no-confidenced within seven days of the elections, then all results will become void and elections will be reheld at an appropriate time. A new Returning Officer will be appointed. 5 The Returning Officer: a presides over the elections 6 Full Members may stand for election, nominate candidates and vote, except that: a Officers may not nominate candidates 7 Candidates must submit an official nomination form by the deadline. This will include their photo, their signature and the signatures of four nominators. The deadline and availability of 8 The Returning Officer will organise a hustings. Candidates do not have to take part, but hustings must be informed if a candidate fails to attend. There are no hustings for by-elections. 9 Candidates must not: a campaign before 8 am or after 10 pm 10 The elections are held using the single transferable vote system, using the most recent rules issued by the Electoral Reform Society. During the main elections, voters will be given the chance to vote to re-open nominations (RON). At by-elections, if there is only one candidate for a position at the deadline, they will be considered to have been elected. The elections will be conducted by online voting. The system used must be impartial, accurate and explain to voters how they can vote. 11 Successful candidates take office at midnight on the 1st January, or from the following midnight in the event of a by-election. 12 If a place remains unfilled after the elections, then a by-election will be held, in accordance with the rules for the main elections. By-elections will be held commencing week 2 of the spring term. If the by-election is uncontested then the next Executive Meeting will appoint the candidate to the position. If no candidate is found, then the next Executive Meeting may make an appointment to the position. 13 The Returning Officer will set further election regulations. All candidates must comply with these regulations. 14 By standing for election, each candidate agrees that they may be sanctioned by the Returning Officer as follows if they fail to observe the election regulations: a Written Warning 15 Any Full Member may make a complaint to the Returning Officer about the conduct of any candidate. 16 The main polling station must be open for at least eight hours over two days during the main elections. The main polling station should be located within Halifax College. Another polling station should be located at another venue at the University. During by-elections, one polling station should be open for at least five hours over one day. If the elections are being conducted by online voting, then the system must be open for voting for at least forty-eight hours. XVI: Officers’ Responsibilities 1 Every Officer: a works to uphold this constitution 2 The President: a performs the duties applicable to every Officer 3 The Vice-Presidents (Welfare & Services): a performs the duties applicable to every Officer 4 The Treasurer: a performs the duties applicable to every Officer 5 The Secretary: a performs the duties applicable to every Officer 6 The LGBT officer (2 positions): a performs the duties applicable to every Officer a performs the duties applicable to every Officer 8 The Female Welfare officer: a performs the duties applicable to every Officer 9 The Disability officer: a performs the duties applicable to every Officer 10 The Student Families’ officer: a performs the duties applicable to every Officer 11 The Mature Students’ officer: a performs the duties applicable to every Officer 12 The International officer: a performs the duties applicable to every Officer 13 The Graduate College Council officer: a performs the duties applicable to every Officer 14 The Undergraduate College Council officer (2 positions): a performs the duties applicable to every Officer 15 The Male Sports officer: a performs the duties applicable to every Officer 16 The Female Sports officer: a performs the duties applicable to every Officer 17 The Website officer: a performs the duties applicable to every Officer 18 The Sponsorship officer: a performs the duties applicable to every Officer 19 The Merchandise officer: a performs the duties applicable to every Officer 20 The Press and Publicity officer: a performs the duties applicable to every Officer 21 The Environment officer: a performs the duties applicable to every Officer 22 The Student Action officer: a performs the duties applicable to every Officer 23 The Raising and Giving officer: a performs the duties applicable to every Officer 24 The Graduate Ordinary officer: a performs the duties applicable to every Officer 25 The Undergraduate Ordinary officer: a performs the duties applicable to every Officer 26 The Graduate Students' officer: a performs the duties applicable to every Officer 27 The Common Room officer: a performs the duties applicable to every Officer 28 The Equipment officer: a performs the duties applicable to every Officer 29 The Live Music officer: a performs the duties applicable to every Officer 30 The Court Entertainment officer (9 positions, 1 per court): a performs the duties applicable to every Officer 31 The Alumni officer: a performs the duties applicable to every Officer End. |
|||
