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October 13, 2008

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The Constitution for the Lesbian, Gay, Bisexual, Transgender Alliance At the State University of New York at Buffalo

Preamble:

We the Lesbian, Gay, Bisexual, and Transgender members of the University Community at the State University of New York at Buffalo, in order to establish a safe space on campus, to facilitate understanding among all students, and to provide Lesbian, Gay, Bisexual, and Transgender students with an organization which is sympathetic to their concerns (and shall act upon said concerns) do hereby create the Lesbian, Gay, Bisexual, Transgender Alliance at the State University of New York at Buffalo.

Articles:

Article I: The name of the organization

The name of this organization shall be the Lesbian, Gay, Bisexual, Transgender Alliance. It shall hereafter be referred to as the LGBTA in this constitution.

Article II: Membership

Section I:

Any person registered as a student under the Division of Undergraduate Education at the State University of New York at Buffalo is eligible for membership in LGBTA. Any person eligible for membership in LGBTA shall be considered a member of LGBTA after attending either three (3) meetings or having done at least one (1) office hour per week for three (3) weeks (or a combination of the two criteria aforementioned). In the event that less than three (3) weeks have passed in any given semester, then a person shall be considered a member if s/he was a member during the previous semester; however, that person must meet the aforementioned criteria by the fourth (4) week of the semester to remain a member.

Section II:

Persons not eligible for membership in LGBTA (i.e. non-students) may join LGBTA as affiliates through the same process as described for members in Article II, Section I. Affiliates have the same rights as members except that they may not determine budgetary matters, are not eligible to vote in the election or impeachment of officers, and may not hold officer positions.

Section III:

Any member shall be considered an active voting member if s/he has attended at least two of the five meetings directly before the election or vote. The meeting in which the vote takes place cannot be counted toward the two meetings necessary to vote. Only active voting members can vote in elections and impeachment of officers, on the ratification of the constitution, or on amendments to the constitution.

Article III: The Constitution and By-laws

Section I:

In the event that at least one-quarter (1/4) of LGBTA's membership find fault with the existing constitution, a committee shall be formed to study the problem. The committee's members shall be chosen by the Executive Committee (subject to a one-half majority (1/2 + 1) approval of the members and affiliates of LGBTA). If this committee chooses to do so, it shall write a new, proposed constitution for LGBTA.

Section II:

The document, the proposed constitution for LGBTA, shall be ratified by a three-fourths (3/4) majority of all active voting members of LGBTA present at a referendum scheduled by the LGBTA, which is to be announced no less than two (2) weeks in advance, and is scheduled at a time and in a place both accessible and convenient to at least two-thirds (2/3) of LGBTA's active voting members. The proposed constitution must be posted in a place, manner, and format both accessible to and understandable by all members and affiliates. A two-thirds (2/3) quorum of LGBTA's active voting members (as well as a representative from the Elections & Credentials board) is necessary for the vote to be valid. In addition, any additional rules set down by the Election & Credentials board must be followed.

Section III:

LGBTA shall establish a set of by-laws to govern day-to-day operations and define day-to-day policies. Anyone may propose a by-law. By-laws are subject to review and approval, by a one-half majority (1/2 + 1) vote, of all LGBTA members and affiliates. All by-laws shall be written down and a copy of the by-laws must be kept on file (with the constitution) by the Student Association. No by-law may conflict (either as a whole or in part) with LGBTA's constitution or any of its amendments.

Article IV:

LGBTA's goals are as follows:

Section I:

LGBTA shall work to advocate the civil rights of all people and to promote equality between all people, regardless of sexual orientation or gender identity, first in the University community, and then in society as a whole.

Section II:

LGBTA shall work to create a safe space on campus for all students, regardless of sexual orientation or gender identity.

Section III:

LGBTA shall address the needs and interests of students at the University at Buffalo, State University of New York that are discriminated against because of their sexual orientation or gender identity.

Section IV:

LGBTA shall work to promote unity, cooperation, and understanding among people, first in the University community, and then in society as a whole.

Section V:

LGBTA shall work to accomplish and foster the goals outlined in Article IV, Sections I, II, III, and IV through organizing, funding, and participating in educational, political, and social events that are consistent with and beneficial toward reaching said goals.

Article V: Meetings

Section I:

All meetings shall be open to anyone who chooses to attend. If a person behaves in a disruptive manner, s/he will be warned to discontinue. If that person continues to behave in a disruptive manner, that person may be dismissed from that meeting by a two-thirds (2/3) vote of those members and affiliates that are present at that meeting.

Section II:

Meetings shall be scheduled at least once (1) every two (2) weeks. All meetings must be announced at least one (1) week in advance. Notice of the meetings shall be in accordance with LGBTA's by-laws.

Section III:

Meetings shall be run in whatever format specified by the by-laws of LGBTA (except where otherwise stated in the constitution).

Article VI: Officers

Section I:

Any active voting member can become an officer. The officer positions are as follows: President, Vice President, Treasurer, and Secretary. The terms for all officer positions shall be from May 1 of the year that they are elected to May 1 of the following year. Except where otherwise indicated in this constitution, no person may serve in more than one (1) officer position at the same time. No person may, under any circumstances, serve as an officer and either Office Manager or Special Projects Coordinator at the same time.

Section II:

The offices of President and Treasurer must be filled at all times. In the event of the resignation or impeachment of one of these officers, the remaining members of the Executive Committee may appoint a temporary officer, by a majority vote, until elections are held. If temporary officers are not appointed, then the position shall default to the Vice President (in the case of vacant Presidency) or to the Secretary (in the case of vacant Treasurership). Elections to permanently fill these positions must take place within a month after the positions are vacated. If, however, five (5) or fewer weeks remain before yearly officer elections, then whoever fills the vacant position may serve the remainder of that officer's term in that position.

Section III:

If the office of either the Vice President or Secretary becomes vacant, it may remain unfilled until an active voting member willing to fill that position is found. Elections must be held for the vacant position no more than one month after a willing and eligible candidate is found.

Section IV: The President

The President's duties are as follows:

  1. The President shall preside over LGBTA meetings.
  2. The President may appoint or dismiss ad-hock positions and committees as outlined in Article VII.
  3. The President may organize projects and may head (or appoint someone to head) any project that s/he has organized.
  4. The President is responsible for:

    1. preventing the misuse of all LGBTA resources.
    2. enforcing the constitution and by-laws of LGBTA.
    3. implementing all non-financial policy.
  5. The President shall be the official liaison for LGBTA to all people and groups not affiliated with LGBTA.

  6. In the case that the Treasurer is unable or unavailable to perform her/his duties, the President ay function as the Treasurer until the Treasurer is able to resume her/his duties. While the President acts as Treasurer, the President must comply with all of the guidelines set for the Treasurer by the Constitution and by-laws of LGBTA.

  7. The President is responsible for keeping the Executive Committee, all relevant staff members, and LGBTA members as a whole informed of the status of all projects and activities under her/his authority.

  8. The President is responsible for any special duties assigned to her/him by the Executive Committee.

Section V: The Vice President

The Vice President's duties are as follows:

  1. The Vice President shall act in the President's place when the President is either unavailable or is unable to perform her/his duties.
  2. The Vice President is responsible for organizing and supervising the non-financial portion of all projects and shall act as an advisor to all project heads.
  3. The Vice President may appoint or dismiss a Special Projects Coordinator as outlines in Article VII, Sections I and IV.
  4. The Vice President is responsible for keeping the President, the Executive Committee, all relevant staff members, and LGBTA as a whole, informed of the status of all projects and activities under her/his authority.
  5. The Vice President is responsible for any special duties assigned to her/him by the Executive Committee.

Section VI: The Treasurer

The duties of the Treasurer are as follows:

  1. The Treasurer is responsible for drafting budget requests for each year.
  2. The Treasurer is responsible for keeping track of the budget as well as all income and expenditures incurred for or by LGBTA.
  3. The Treasurer is responsible for all financial operations of LGBTA except where otherwise stated in the constitution of by-laws of LGBTA.
  4. The Treasurer is responsible for organizing and supervising the financial aspects of all fund raising activities, grants, sponsorships, and co-sponsorships.
  5. The Treasurer is responsible for insuring that LGBTA monies are not mishandled in any way.
  6. The Treasurer is responsible for the disbursement of LGBTA funds and has the power to withhold disbursement of LGBTA funds until the matter can be brought up and voted upon (in a one-half majority vote) at the next LGBTA meeting. If there is no meeting within fourteen (14) days of the Treasurer's decision to withhold funds, then the matter may be decided by a three-fourths majority vote of the Executive Committee.
  7. The Treasurer is responsible for making sure that all expenditures by LGBTA are approved by at least one-half majority (1/2 + 1) of LGBTA's members (whether the expenditure be a new expenditure or an increase in a previously approved expenditure).
  8. The Treasurer is responsible for keeping the President, the Executive Committee, all relevant staff members, and LGBTA as a whole, informed of the status of all projects and activities under her/his authority.
  9. The Treasurer is responsible for any special duties assigned to her/him by the Executive Committee.

Section VII: The Secretary

The duties of the Secretary are as follows:

  1. The Secretary shall take clear, concise, informative minutes at all meetings. The Secretary shall post these minutes in a place accessible to all members and affiliates of LGBTA no later than three (3) days after a meeting.
  2. The Secretary shall answer all phone and mail inquiries directed towards LGBTA whenever possible.
  3. The Secretary shall handle all incoming and outgoing mail.
  4. The Secretary shall handle all paperwork necessary for the normal operation of LGBTA.
  5. The Secretary is responsible for the publicizing of all LGBTA projects.
  6. The Secretary may appoint or dismiss an Office Manager as outlined in Article VII, Sections I and V.
  7. The Secretary is responsible for:
    1. maintaining the LGBTA office key list.

    2. distributing, collecting, and keeping track of office keys.

  8. The Secretary is responsible for keeping the President, the Executive Committee, all relevant staff members, and LGBTA as a whole, informed of the status of all the projects and activities under her/his authority.
  9. The Secretary is responsible for any special duties assigned to her/him by the Executive Committee.

Article VII: Staff positions and Committees

Section I:

Any member or affiliate may hold a staff position. All staff positions and committees, except Special Projects Coordinator, Office Manager, and the Executive Committee, shall be appointed or dismissed by the President as s/he deems necessary. All staff and committee appointments (except Executive Committee) are subject to review and approval (by a one-half majority (1/2 + 1)) by LGBTA. No person, under any circumstances, may hold the positions of Office Manager and Special Projects Coordinator at the same time.

Section II:

All staff positions and committees (except Special Projects Coordinator, Office Manager, and the Executive Committee) are the responsibility of the President unless they have been previously assigned to another officer. If a staff position or committee is assigned to another officer or staff member, that officer or staff member may dismiss that committee or staff position as s/he deems necessary. All staff positions and committees are answerable first to the officer or staff member that is responsible for them, and then to LGBTA as a whole.

Section III:

All staff members and committees (except the Executive Committee) must ultimately be under the supervision of an Executive Committee member. In addition to being responsible for a staff position or committee, that member is also responsible for all staff positions and committees under the supervision of her/his staff or committees.

Section IV: The Special Projects Coordinator

Sub-Section 1:

The Special Projects Coordinator may be appointed by the Vice President, if s/he deems it necessary, to assist the Vice President in her/his duties. The Vice President may also dismiss the Special Projects Coordinator at her/his discretion. The Vice President is responsible for the actions of the Special Projects Coordinator.

Sub-Section 2:

The duties of the Special Projects Coordinator are as follows:

  1. The Special Projects Coordinator must ensure that any projects designated as being under her/his authority receive proper attention and resources.
  2. The Special Projects Coordinator may take active, on the Vice President's behalf, in any project in the event that a problem arises that hinders the progress of that project.
  3. The Special Projects Coordinator is responsible for keeping the Vice President and all other relevant staff members up to date on the progress of projects under her/his authority.
  4. The Special Projects Coordinator is answerable to the Vice President and then to the LGBTA as a whole. In addition, the Special Projects Coordinator may be removed from her/his position by a two-thirds majority (2/3) vote of LGBTA members and affiliates.

Section V: The Office Manager

Sub-Section 1:

The Office Manager may be appointed by the Secretary, if s/he deems it necessary, to assist the Secretary in her/his duties. The Secretary may also dismiss the Office Manager at her/his discretion. The Secretary is responsible for the actions of the Office Manager.

Sub-Section 2:

The duties of the Office Manager are as follows:

  1. The Office Manager must ensure that any and all duties designated as being under her/his authority receive all necessary attention and resources.
  2. The Office Manager may take active involvement, on the Secretary's behalf, in an office project in the event that a problem arises that hinders the progress of that project.
  3. The Office Manager is responsible for keeping the Secretary and all other relevant staff members up to date on the progress of projects under her/his authority.
  4. The Office Manager is answerable to the Secretary and then to LGBTA as a whole. In addition, the Office Manager may be removed from her/his position by a two-thirds majority (2/3) vote of LGBTA members and affiliates.

Section VI: The Executive Committee

Sub-Section 1:

The Executive Committee shall be made up of all LGBTA officers. The Executive Committee's purpose is to enforce by-laws, facilitate communication between officers, discuss budgetary matters, address any shortcomings of LGBTA, and to set the format of the meetings.

Sub-Section 2:

The Executive Committee shall meet no less than once a month.

Sub-Section 3:

The Executive Committee is answerable to LGBTA as a whole. The Executive Committee's decisions are binding and may override the decisions of any officer or staff member, however, any Executive Committee decision may be overturned with a one-half majority (1/2 + 1) vote by LGBTA's members and affiliates (minus the Executive Committee).

Article VIII: Elections

Section I:

Elections shall be held for all positions no later than the second week of April of each year, or when otherwise necessary.

Section II:

A two-thirds (2/3) quorum of all active voting members is necessary for an election to be valid. The Elections & Credentials representative shall preside over all elections and votes involving either the constitution or a constitutional amendment.

Section III:

Nominations for all offices that are being voted on must be held during at least two (2) of the three (3) meetings directly previous to the elections. The election itself must also be announced during these meetings. The names of all the people nominated along with the position they are running for must be posted in a place, manner, and format both accessible and understandable by all members and affiliates at least seven (7) days before the election. A candidate will be considered elected into office if s/he receives more votes for that office than any other candidate.

Section IV:

Even if only one person is running for a position, that person must receive at least a simple majority (1/2 + 1) in order to be elected to her/his position.

Section V:

In addition to the procedures outlined in Article VIII, Sections I, II, and III, all the specifications of the Elections & Credentials board of the Student Association of the State University of New York at Buffalo must be met for the election to be valid.

Article IX: Impeachment

Section I: Calling for an Impeachment

Sub-Section 1:

If any officer commits an illegal (the crime must be related in some way to the position the person holds, to the Student Associations, or to LGBTA) or an unconstitutional act, then an LGBTA member may call for that officer's impeachment.

Sub-Section 2:

If two-thirds (2/3) of the members of LGBTA sign a petition stating that they feel that an officer should be impeached (it must include the reasons why that officer should be impeached, with specific details), then either the President or the Vice President is obligated to call for that officer's impeachment.

Section II: The Process of Impeachment

Sub-Section 1:

The call for impeachment must be mailed or otherwise delivered to the officer in question and must be posted in a place, manner, and format both accessible to and understandable by all members and affiliates. The Elections & Credentials board of the Student Association at the State University of New York at Buffalo must also be notified.

Sub-Section 2:

The Elections & Credentials representative shall appoint a non-biased LGBTA member to preside over the impeachment process. If an unbiased LGBTA member cannot be found, then the Elections & Credentials representative shall preside over the impeachment.

Sub-Section 3:

The person who is presiding over the impeachment shall schedule an open hearing for the sole purpose of discussing any and all conflicts between the officer and LGBTA. At the conclusion of this hearing, a vote shall be taken to determine the success or failure of the impeachment. A member of the Elections & Credentials board of the Student Association at the State University of New York at Buffalo must be present during this hearing. The hearing is to be scheduled no later than fourteen (14) class days after the call for impeachment is posted. The name of this hearing shall be ³Impeachment Hearing.² A two-thirds (2/3) quorum of all active voting members is necessary for this hearing to be held.

Sub-Section 4:

The format of the meeting shall be as follows:

  1. The officer in question must be present unless s/he has waived this right in writing.
  2. The presiding person shall call of the accuser(s) of the officer in question to state all reasons for the impeachment of the officer in question, giving relevant details.
  3. The presiding person shall then call on the officer in question to present her/his case. At this time the officer in question may give any and all explanations, justifications, and excuses for the actions or lack of actions that have called her/him into question.
  4. Only accusations with evidence that is present at the hearing (and can be inspected by all in attendance) may be presented.
  5. Insults directed towards, assaults on the character of, or fighting with any of the people present at the impeachment hearing is strictly forbidden. Violators may be barred from the remainder of the hearing or asked to leave the room until s/he/they have calmed down.
  6. Rebuttals are to last no more than ten (10) minutes for both the accuser(s) and the officer in question. There may be as many rebuttals as necessary to answer all questions/allegations proposed.
  7. If anyone present has a question, allegation, or comment to propose, then s/he should inform the presiding officer and then wait for the presiding officer to recognize her/him. Violators may be asked to leave the room.
  8. When both parties have fully stated their cases, a vote shall be called by the Elections and Credentials representative. A two-thirds (2/3) majority vote by the active voting members present is necessary for the impeachment to succeed. If the impeachment fails, alternative actions may be proposed and voted on at this time.
  9. The results of this hearing shall be binding.

Article X: Amendments

Section I:

Amendments may be added to or repealed from the constitution with a two-thirds majority (2/3) vote of all active voting members present at the vote. A two-thirds (2/3) quorum of all active voting members is necessary for an amendment vote to be valid. A member of the Elections & Credentials board must be present at the vote.

Section II:

Any member or affiliate may propose an amendment to the constitution.

Section III:

Amendments must be submitted in writing and must be posted in a place, manner, and format both accessible to and understandable by all members and affiliates. An amendment must be voted upon no more than three (3) weeks after it is submitted.

Article XI: Rights of Members

LGBTA shall guarantee the following inalienable rights to all of its members and affiliates.

  1. The right of any person, so long as s/he meets the qualifications for voting privileges in the constitution, to vote.
  2. The right of any person to speak freely at any meeting of LGBTA.
  3. The right of the members of LGBTA to call for impeachment of LGBTA's officers.
  4. The right of all members and affiliates to be free from undue punishment or harassment by LGBTA.
  5. The right of all people to enjoy an LGBTA that shall not endorse or adopt an attitude favoring any sexual orientation, gender identity, religion, creed, race, or nationality.
  6. The right of every member to not be punished or persecuted retroactively by any legislation passed by LGBTA.

Article XII: Scope of this Constitution

Upon ratification, this constitution shall supercede all others before it. A certification of the ratification shall be kept on file with SA (with the constitution).