Friday, March 13, 2009

Bylaws of the
William Mitchell College of Law
Asian Pacific American Law Student Association


1.1 Purposes

The purposes of the Asian Pacific American Law Student Association (“APALSA”) of William Mitchell College of Law (“WMCL”) shall reflect the interest of the membership stated in the Constitution and the Bylaws shall assist in supporting these interests. The purposes stated in the Constitution may be amended as needed over time.

2.1 Elections

Subd. 1. Timing of Elections for officers. APALSA shall hold an election at around the last regular meeting in each Spring semester for the officers of the Executive Committee for the following academic school year.

Subd. 2. Election Procedures.

The highest-ranking Executive Officer not running for re-election, designated the “Elections Officer,” shall preside over the election. If there is no such officer, then the Executive Committee shall designate two members of the general membership to serve as Election Commissioners to preside over the election. Members seeking to run for election will submit their candidacy and desired office by the time, date and manner designated by the Elections Officer. The Elections Officer or the Elections Commissioners shall send out a candidate list to the Membership prior to the time voting is to commence. At the start of the voting period, candidates running for office may communicate in person or through acceptable electronic means, their desire to run for office.

Subd. 3. Voting Procedures:

The Election Committee shall prepare a panel of candidates for the elections. Elections shall be held either by written, electronic, hardcopy ballot, or oral nomination and vote. All Members shall receive proper notice and will be allowed to vote for a candidate. A candidate shall be elected to office if that candidate receives a greater number of eligible votes than any other candidate for that office. In the event that a candidate runs unopposed, a minimum of five of the ballots cast shall be required to confirm that candidate to office. In the event of a tie, there shall be a run-off election between the candidates for that office. The Elections Officer or the Elections Commissioners shall preserve the election results for 30 days following an election in case the election results are contested. The results shall be generally published to the membership and on The Docket.

Subd. 4. Special Elections:

If there is a vacancy in any office other than the President or the Treasurer, the Executive Committee shall either authorize a special election to fill the vacancy, according to the election and voting procedures outlined in this section, or the Executive Officers shall divide up the duties of the vacant office until the next general election. A vacancy of the President shall automatically be filled by the Vice-President. A vacancy of the Treasurer requires the Executive Committee to have a special election.

Subd. 5. Qualified Candidates.

Candidates must be a member in good standing in the organization. “Good standing” exclusively includes payment of any required membership dues, participation or attendance in at least one official APALSA event, adherence to the policies and procedures of WMCL, and the exercise of good faith in pursuit of the organization’s purposes.
Subd. 6. Official Designation.Each newly-elected Executive Officer will be designated as an “officer-elect” until officially entering their post during the term specified at the election. The time between the election date and the official designation date, each current Executive Officer may advise and instruct their respective officer-elect in the fulfillment of the duties of that office.

2.2 Removal or Resignation from Office

Subd. 1. Resignation.

An Executive Officer may voluntarily resign at any time by submitting a notice of resignation to the Executive Committee. The resignation shall take effect at the time of notice, unless a different date or time is provided in the notice.

Subd. 2. Grounds For Removal From Office. An Executive Officer may involuntarily be removed only for mis-, mal- or non-feasance in office.

Subd. 3. Enforcement. A member may be censured only for violation of the Constitution of this Organization, the laws of the United States or Minnesota, the policies, procedures or honor code of WMCL.

Subd. 4. Removal Procedure. Any involuntary removal or censure action requires a unanimous vote by the remaining or disinterested Executive Officers. Effective removal is predicated on two (2) weeks notice by the Executive Committee of a special meeting called by the highest ranking disinterested Executive Officer for the purpose of determining removal or censure.


3.1 Voting

Subd. 1. Qualified to Vote and Proxy. All members are qualified to vote and shall have one (1) vote. Members may vote by written proxy given to any member who is present at any regular or special meeting, except that members may not vote by written proxy if voting is facilitated through e-mail or other electronic means.

Subd. 2. General Action by Membership. Any member may submit a proposed action for the organization to be voted on at the next regular meeting provided that: they give written notice of such proposal to the Executive Committee two (2) days prior to the meeting; the action proposed involves the legitimate purposes of the organization or business transacted by the organization in furtherance of its purposes; the proposal is made in good faith. The Executive Committee will include proper proposals in notice of the next regular meeting and in the agenda for such meeting. The affirmative vote of a simple majority of member votes cast constitutes adoption of such a proposal. All members regardless of their attendance at a meeting shall be allowed to vote.

Subd. 3. General Action by Executive Committee. The Executive Committee shall, for the purposes of furthering the organization’s purposes, proceed upon the affirmative vote of a simple majority of the officers, to transact the administrative business of the organization at an Executive Committee Meeting or Special meeting called by the President. Notice of the business transacted by the Executive Committee after such a meeting to the general membership is required. Administrative business shall include (but not be limited to) budgetary decisions and event planning. If a proposed action lacks required majority support of the officers at such a meeting, the President-Elect may be called to advocate for one position or another. If no resolution is reached, then the Executive Committee shall consult with its Faculty Advisors.

Subd. 4. Quorum.
Executive Committee Meetings: A quorum shall be recognized only if 100% of the Executive Committee members are present or are otherwise provided an opportunity to vote on a particular matter affecting the organization. Electronic participation, whether in real-time or delayed, in any Executive Committee meeting will be acceptable for the purposes of establishing a quorum.

General Member Meetings: There is no quorum requirement during general member meetings.

Subd. 5. General Principle.
In all other matters, common fairness shall govern.

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