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Organization of the Month

American Bar Assoication

Ohio Northern University

 

   Constitution

Of the Student Bar Association of Ohio Northern University College of Law


 

ARTICLE I – NAME

 

 The name of this organization shall be the Student Bar Association (S.B.A.) of the Claude W. Pettit College of Law of Ohio Northern University .

 

ARTICLE II – OBJECTIVES

  Section I:

 

The objectives of this organization shall be: 

1.

To advocate zealously on behalf of the student body of the Claude W. Pettit College of Law.

2.

To provide an organization within the College of Law for the inauguration and conduct of projects for professional training and advancement.

3.

To serve as a forum for discussion of existing issues.

4.

To promote harmony and understanding among the administration, faculty, students, and alumni.

5.

To develop and further scholastic attainment.

Section II:

The following are defined terms for this Constitution:

•  S.B.A. – shall refer to all full and part-time students enrolled in the Pettit College of Law at Ohio Northern University (O.N.U.).
•  Senate – shall refer to the 10 elected officers and 9 class representatives of the S.B.A.
•  Executive Board – shall refer to the 10 elected officers of the S.B.A., namely the President, Vice-President, Treasurer, Secretary, Parliamentarian, Sergeant-at-Arms, ABA/LSD Representative, Alumni Representative, and the two Law School Senators who sit on the O.N.U. Student Senate.”

 

  ARTICLE III – MEMBERSHIP

Section I:   

All regularly enrolled students in the Pettit College of Law of Ohio Northern University , whether full or part-time, shall be members of the  Student Bar Association.

Section II:   

The business of the S.B.A. shall be transacted by a Senate composed of:

 

A.  

 Ten (10) elected officers: President, Vice-President, Treasurer, Secretary, Parliamentarian, Sergeant-at-Arms, ABA/LSD Representative, Alumni Representative and two (2) Law School Senators, and 

 

B.

Nine (9) students, three (3) from each law school class, who shall serve as Class Representatives.

 

ARTICLE IV – MEETINGS

Section I:   

The Senate shall meet at least every two weeks during the academic semester. 

 

A.  

  The time and place for the meetings of the Senate shall be determined by the President. 

 

B.

A quorum of no less than two-thirds ( 2 / 3 ) of the Senate must be present to conduct business.

 

C.

The Senate meetings shall be open to all Student Bar Association members as defined by Article III, Section I herein. All Senate meetings shall be conducted in compliance with Robert's Rules of Order. All S.B.A. members shall be afforded a reasonable opportunity to address the Senate.

 

D.

A student or student organization who wishes to petition the Senate for funds shall do so in accordance with Article IX, Section III. 

 

E.

All members of the Senate, except as otherwise provided herein, shall have voting rights on all matters that come before the Senate.

 

F.

Three (3) unexcused absences are permitted each semester. If a fourth (4 th ) unexcused absence occurs within any semester, then proceedings under Article VII of the Student Bar Association Constitution, relating to Impeachment, Removal, and Vacancies will be initiated. Excused absences will not be taken into account in the above mentioned attendance procedure. The President shall have the authority to decide whether an absence is excused. 

Section II:   

The time and place of the Executive Board meetings shall be fixed by the President or any two members of the Executive Board. 

ARTICLE V – SENATE AND EXECUTIVE BOARD POWERS   

Section I:   

  The following officers will be elected and will comprise the Executive Board: President, Vice-President, Treasurer, Secretary, Parliamentarian, Sergeant-at-Arms, ABA/LSD Representative, Alumni Representative and two (2) Law School Senators. 

Section II:   

  Duties and Powers of Executive Board

 

A.  

  President

 

 

1.  

Shall preside at all meetings of the S.B.A., Senate, and Executive Board. 

 

 

2.

  Shall have the power to make all student appointments to faculty-student committees, to S.B.A. committees, and of S.B.A. committee chairpersons. The Senate shall have power to override and remove appointees by a ¾ majority vote. 

 

 

3.

Shall serve as a voting member of the Senate only in the event of a tie. 

 

 

4.

Shall have the power to act as official spokesperson of the S.B.A. 

 

 

5.

Shall have the power to perform any other necessary duties of the office of the President.

 

 

6.

Shall have the authority to co-sign S.B.A. checks. 

 

 

7.

Shall exercise discretion and notify the Secretary of any Senate member's excused absences. 

 

 

8.

Shall be responsible for overseeing upkeep of an S.B.A. website or appointing a webmaster to do the same.

 

B.

Vice President

 

 

1.

Shall perform the duties of the President in case of graduation, absence, impeachment, resignation or disability. 

 

 

2.

Shall serve as ex-officio member of all committees, both permanent and temporary. Shall call initial meetings of newly formed committees until a chairperson is selected. 

 

 

3.

Shall perform any other duties prescribed by the Student Bar Association President or Senate. 

 

 

4.

Shall have the authority to co-sign the S.B.A. checks

 

C.

Treasurer 

 

 

1.

Shall be responsible for recording and reporting the financial transactions of the S.B.A. 

 

 

2.

Shall submit a financial report to the Senate once a month.

 

 

3.

Shall, in conjunction with the Budget Committee submit a proposed budget for the current semester to the Senate for approval by the end of the fifth week of each semester, unless extended by ¾ vote of the Senate.

 

 

4.

Shall prepare a final, written financial statement at the end of each semester. 

 

 

5.

Shall have the authority to co-sign S.B.A. checks. 

 

D.  

  Secretary 

 

 

1.

Shall maintain the roll, records, correspondence, and files of the S.B.A. 

 

 

2.

Shall record the minutes of all Executive Board, Senate, and S.B.A. meetings.

 

 

3.

Shall post the minutes in a prominent place in the law school in a timely fashion. 

 

 

4.

Shall act at the discretion of the President. 

 

E.  

Parliamentarian 

 

 

1.

  Shall be present at meetings for the purpose of maintaining parliamentary law in order that the meetings may be conducted in a swift, orderly manner in accordance with Robert's Rules of Order. 

 

 

2.

Shall perform such other duties as may be asked by the President or Senate. 

 

 

3.

Shall keep a copy of Robert's Rules of Order on his/her person during all meetings.

 

 

4.

Shall decide procedural matters in accordance with Robert's Rules of Order, which may only be overridden by a 2/3 vote of the Senate.

 

F.   

Sergeant-at-Arms 

 

 

1.

Shall be responsible for preparing the meeting place and shall ascertain a quorum for purposes of conducting business.

 

 

2.

Shall advertise the date, time, and place of all meetings

 

 

3.

Shall chair the Election Committee and shall conduct all elections in accord with Article VI, but may not be a candidate in said election. If the Sergeant-at-Arms is a candidate for office, then the President shall appoint an elections chair with the advice and consent of the Senate.

 

 

4.

Shall provide for the maintenance of order and security at all S.B.A. meetings.

 

 

5.

Shall perform such other duties as may be asked by the President or Senate.

 

G.  

ABA/LSD Representative

 

 

1.

  Shall attend the ABA/LSD Annual Convention and all Sixth Circuit meetings throughout the year. 

 

 

2.

Shall promote membership and participation in the American Bar Association/Law Student Division. 

 

 

3.

Shall be Chairperson of the Ohio Northern Chapter of the ABA/LSD and shall preside at all Chapter meetings. 

 

 

4.

Shall advise the Senate of all relevant matters concerning the American Bar Association/Law Student Division. 

 

 

5.

Shall abide by all guidelines and regulations as provided by the American Bar Association/Law Student Division and the Student Bar Association. 

 

 H.

Alumni Representative 

 

 

1.

Shall act as S.B.A. Representative to all alumni association meetings.

 

 

2.

Shall advise the President and Senate of all relevant matters concerning the alumni association.

 

 

3.

Shall promote membership and participation in alumni association by students.

 

 

4.

Shall promote alumni participation in S.B.A. functions such as Barrister's Ball in order to encourage alumni/student interaction.

 

I.

Law School Senators 

 

 

1.

Shall act as liaisons between the law school and the undergraduate Student Senate.

 

 

2.

Shall attend all meetings as required by the undergraduate Student Senate.

 

 

3.

Shall be an active participant in the activities of the Student Senate.

Section III:   

  Executive Board

 

A.

Shall consist of the President, Vice President, Treasurer, Secretary, Parliamentarian, Sergeant-at-Arms, ABA/LSD Representative, Alumni Representative and two (2) Law School Senators

 

B.

Shall advise the President and assist in the management of day-to-day affairs of the S.B.A

 

C.

Shall identify, formulate, and prepare relevant issues and concerns for Senate action.

 

D.

May allocate funds in compliance with Article IX.

Section IV:   

Senate 

 

A.

Shall consist of the Executive Board and the nine (9) class representatives.

 

B.

Shall address matters concerning the members of S.B.A. and promote the interests of the College of Law and Ohio Northern University .

 

C.

All members of the Senate, except as otherwise herein provided, shall have voting rights on all matters that come before the Senate.

ARTICLE VI – ELECTIONS  

Section I:   

  Elections 

 

A.  

  This section shall apply to all elections whether regular or special.

 

B.

In electing Senate members, all members of the S.B.A. as defined by Article III, Section I, shall be entitled to cast one vote per office. 

Section II:   

The Election Committee

 

A.  

The Election Committee shall be composed of the Sergeant-at-Arms and two students from each law school class. 

 

B.   

The Election Committee shall meet three weeks prior to petition submission deadlines as described in Section III to ascertain the day and manner at which time the Election Committee shall post notice of:

 

 

1.

  Date campaigning will commence and method of campaigning permitted; 

 

 

2.

Date and method for petitions in compliance with Article VI, Section III;

 

 

3.

Date and method for election in compliance with Article VI, Section V, and; 

 

 

4.

Date and method for Candidates' Night (applicable for Executive Board election only).

 

C.

In the event that a member of the Election Committee shall seek election to an office of the Student Bar Association, that member shall forfeit his/her position on the Election Committee. If any other member of the Election Committee seeks an office of the S.B.A., the Sergeant-at-Arms shall appoint an appropriate replacement. 

 

D.

Shall create and maintain a detailed list of campaign regulations.

 

E.

Shall make all decisions regarding campaign rules, violations, etc., so long as they do not contradict this Constitution or any legislation of the S.B.A. Senate.

Section III:   

Senate Candidate Petitions

 

A.

Executive Board Candidate Petitions

 

 

1.  

  The deadline for submission of petitions will be the Wednesday of the eleventh (11 th ) week of the Spring semester. Candidates' Night will be held on the Monday of the twelfth (12 th ) week of the Spring semester. Elections will be held on the Tuesday of the twelfth (12 th ) week of the Spring semester. If extenuating circumstances arise, then the S.B.A. Senate may extend or otherwise alter these deadlines by a ¾ vote.

 

 

2.  

Any student wishing to run for an Executive Board position must submit a petition to the Sergeant-at-Arms by 5:00 P.M. on the Wednesday of the eleventh week.

 

 

3.  

Petitions must include the signatures of fifty (50) members of the law student body, not limited to the candidates' class.

 

 

4.

Petitions may be informal in form, but must identify the candidate, the candidate's phone number, and the position for which the candidate is running. 

 

 

5.

The newly elected Executive Board members shall take office on the Monday of the thirteenth (13 th ) week of the Spring semester. This date may only be altered if the deadlines in Article VI, Section III (A)(1) are changed by the Senate.

 

B.

Class Representative Candidate Petitions 

 

 

1.  

The deadline for submission of petitions will be the Wednesday of the fourth (4 th ) week of the Fall semester.

 

 

2.

Elections for Class Representatives shall be held on the Tuesday of the fifth (5 th ) week of the Fall semester. Newly elected Class Representatives shall take office immediately following announcement of the election results.

 

 

3.

Petitions for Class Representatives must include twenty-five (25) signatures of members of the candidate's class. The petition must include the candidate's name and phone number.

 

 

4.

All dates in Article VI, Section III (B) are subject to alteration by the Senate if extenuating circumstances arise. Any date change shall require a ¾ vote of the S.B.A. Senate.

Section IV:   

Any S.B.A. member may run for any appropriate office as a write-on candidate, but may not speak at candidates' night. A write-on candidate shall campaign in compliance with Article VI, Section VIII. The write-on candidate's name shall not be listed on the ballot sheet and must be written on each individual student's ballot by the student voter.

Section V:   

Election Procedure

 

A.

Printing of Ballots: Prior to election, the Election Committee shall print ballots for the elected offices, which shall list the names of all candidates who qualify, in alphabetical order, according to the elected office being sought. A space shall be provided for write-on candidates.

 

B.

Time and Place of the Election: The election will take place on the days specified in compliance with Article VI, Section III, between the hours of 8:00 A.M. and 6:00 P.M. at a place within the law school building specified by the Election Committee.

 

C.  

Method of Balloting: The Election Committee shall oversee the voting so as to ensure the integrity of the election results.

 

D.

Tie: In the event that two or more candidates receive the highest number of votes cast, a run-off election shall be held among the tied candidates within two (2) days of the prior election. 

 

E.

Students from all classes are allowed to vote for candidates for Executive Board offices, but students may only cast votes for Class Representative candidates that are from their same class.

 

F.

Post Election Procedure:

 

 

1.   

The vote necessary to determine the holder of any office shall be the highest number of votes received for that office.

 

 

2.   

Immediately after the polls close, the Election Committee shall count the ballots to determine the winners. The Election Committee shall ascertain that the total number of ballots cast, equals the number of ballots distributed equals the number of persons registered. Any irregularity between these three numbers may at the discretion of the Election Committee require a new vote for the effected office(s). If the committee chooses not to order a new vote, then the Election Committee shall submit a written report explaining its decision to the S.B.A. President and the Associate Dean. The posting of election results shall be postponed at such time as the President of the S.B.A. and the Associate Dean approve the decision of the Election Committee.

 

 

3.   

The names of those elected to office shall be posted by the Election Committee at a time and place selected by the committee within twenty-four (24) hours of the closing of the polls except as otherwise provided within Number 2. Furthermore, the chair of the Election Committee shall attempt to personally notify the winning candidate of their victory.

 

 

4.

The Election Committee Chair shall publish the election results via e-mail to the entire law school student body as soon as they are made official.

 

G.

Retention of ballots have been counted and verified: they shall be sealed in an envelope and placed in the possession of the S.B.A. All such records shall be destroyed after four (4) years.

 

H

Any member of the S.B.A. may, as a right, demand a recount, which shall be conducted by the Election Committee in public within seven (7) days of the election. Thereafter, a recount may be demanded for good cause shown.

Section VI:   

Absentee Ballots

 

A.

One week prior to each election, the Election Committee Chairperson shall inform all members of the law school student body of the availability of Absentee Ballots and the procedure for absentee voting. 

 

B

Any member of the law student body who wishes to cast an Absentee Ballot must notify the Election Committee Chairperson prior to election day. 

 

C.

Absentee ballots shall be cast prior to election day, and shall remain with the Election Committee Chairperson prior to election day.

Section VII:   

No person holding an elected office in the S.B.A. shall hold another elected office within the S.B.A. 

 

A.  

Posters 

 

 

1.

Each Candidate may display two (2) separate posters, not to exceed 22” X 26 ½ “ in size (standard poster board size).

 

 

2.   

Posters, for any election, may be displayed beginning on the Thursday prior to each election. 

 

 

3.  

Posters must be removed by 12:00 Midnight on Election Day.

 

 

4.  

Posters may not be displayed within twenty-five (25) feet of the polling place. 

 

B.

Placing campaign flyers in student mailboxes or soliciting by e-mail is prohibited.

 

C.  

Candidates or their representatives may not campaign within twenty-five (25) feet of the polling place.

 

D.

The Election Committee shall have the authority to hear any complaints of abusive or inappropriate campaign practices and may take action to prohibit abusive practices up to and including disqualification of candidates. Such decisions shall be appealable to a hearing of the full S.B.A. Senate. 

ARTICLE VII – IMPEACHMENT. REMOVAL. VACANCIES  

Section I:   

Any S.B.A. Executive Board Member or Class Representative may be subject to impeachment proceedings by a petition containing the signatures of one-fourth ( 1 / 4 ) of the member's constituency.   

 

A.  

Upon receipt and verification of the petition by the Election Committee, a general meeting of the Student Bar Association or the impeached Representative's class, will be held at which time the charges will be discussed. The meeting shall be within one (1) week of the petition's verification.

 

B.   

Within one week after the meeting is held, a vote of the Student Bar Association, or the appropriate class, will be held.

 

C.

Removal of an Executive Board member will require a two-thirds ( 2 / 3 ) majority of S.B.A. members voting. Removal of a Class Representative will require a two-thirds ( 2 / 3 ) majority of those in the Representative's class voting. 

 

D.   

Impeachment and/or removal under this or any other Section of this Constitution shall not preclude an individual from seeking future office in the S.B.A.

Section II:   

  Vacancies

 

A.  

  If the office of President shall become vacant, then the Vice-President shall perform the duties of the President pursuant to Article V, Section II. The order of succession to the office of President shall be Vice-President, Treasurer, and Secretary. 

 

B.

If the office of Vice-President, Treasurer, Secretary, Parliamentarian, Sergeant-At-Arms, ABA/LSD Representative, Alumni Association Representative or two (2) Law School Senators shall become vacant, then the vacancy shall be filled by a special election of all S.B.A. members to be supervised by the Election Committee.

 

C.

If there is a vacancy among the Class Representatives, then an election shall be held in the particular class affected. Such election will be under the supervision of the Election Committee.

 

ARTICLE VIII – STUDENT BAR ASSOCIATION COMMITTEES 

Section I:   

The S.B.A. President shall have the power to create and disband committees as necessary. The President shall notify the Senate whenever a committee is created or disbanded. 

Section II:   

The S.B.A. President shall appoint a chairperson to each committee and may also appoint individual members as necessary. 

Section III:   

Committee chairpersons and members may be removed by the President, which removal may be overturned by a three-fourths ( 3 / 4 ) majority vote of the Senate. 

Section IV:   

Committees shall, under the guidance of the committee chairperson, adopt rules and procedures in accordance with the committee's purpose.

ARTICLE IX – ALLOCATION OF FUNDS   

Section I:   

 All expenditures and allocations must be approved by a majority of the Senate except for incidental expenditures under $50.00 that may be made by executive privilege, but must be reported by the Treasurer at the next regular meeting of the Senate. 

Section II:   

Budget Meeting 

 

A.

A budget meeting shall be held by the Senate by the fifth (5 th ) Wednesday of each semester, unless extenuating circumstances call for an extension of the deadline, at which time only a ¾ vote of the S.B.A. Senate may alter the deadline.

 

B.

The S.B.A. Treasurer shall present a budget for the semester outlining projected S.B.A. expenses for approval by the Senate. Voting on the proposed budget shall occur by line item.

 

C.  

After the S.B.A. budget items have been voted on, the Senate shall consider any student organization funding requests. See Article IX, Section III.

 

D.

  The budget meeting shall be open to all Student Bar Association members.

Section III:   

Student Organization Funding Requests

 

A.

The Senate shall recognize student organizations that have an executive body and Constitution or by-laws, which govern the organizations' actions. 

 

B.   

Recognized student organizations may petition the Senate for funding upon one (1) week prior written notice. This notice provision is waiveable at the discretion of the President.

 

C.   

Funding petitions submitted by student organizations may be subject to further inquiry prior to a Senate vote on the request.

 

D.  

S.B.A. funds shall not be disbursed to student organizations, unless the organization has a bank account.

ARTICLE X – AMENDING THE CONSTITUTION  

Section I:   

  This Constitution may be amended only upon joint action by the Senate and the Student Bar Association. 

Section II:   

Proposal of Amendment 

 

A.  

Amendments to the Constitution may be proposed by any member of the Student Bar Association.

 

B.

Any member wishing to propose an amendment shall so notify the President. The President shall be provided with a copy of the proposed amendment at this time. 

 

C.    

Upon receipt of a proposed amendment, the President shall place the amendment on the agenda of the next regularly scheduled Senate meeting. 

Section III:   

Senate Action on the Proposed Amendment

 

A.

At the meeting during which the proposed amendment is to be considered:

 

 

1.   

  The proposed amendment shall be read aloud, and 

 

 

2.   

A copy of the proposed amendment shall be distributed.

 

B.

Following the reading of the proposed amendment, the amendment's proponent will be given the opportunity to address the Senate.

 

C.

After all Senate members have been afforded the opportunity to question the amendment's proponent, the Senate shall vote on the proposed amendment by written ballot. The Senate, may, in its discretion, postpone the vote on the proposed amendment until not later than the next regularly scheduled Senate meeting.

 

D.

An affirmative vote of two-thirds ( 2 / 3 ) of the elected Senate members currently holding office is necessary to forward the proposed amendment to the Student Bar Association. 

Section IV:   

Ratification By Student Bar Association

 

A

Following approval of the proposed amendment by the Senate, the President shall forward the proposed amendment to the Election Committee. 

 

B.   

Upon receipt of the proposed amendment, the Election Committee shall, within one week, distribute copies to all members of the Student Bar Association. A notice shall accompany the proposed amendment informing the members of the Student Bar Association of the time, date, and place of the ratification election. 

 

C.   

The ratification election shall be held within one week following distribution of the proposed amendment to the members of the Student Bar Association. The ratification election shall be conducted by the Election Committee pursuant to the general requirements of Article VI, Section V. 

 

D.  

The affirmative vote of three-fourths ( 3 / 4 ) of those Student Bar Association members voting in the ratification election shall be required for the ratification.

Section V:   

  Post Ratification Procedure

 

A.

  Following tabulation of the ballots from the special election, the Chairperson of the Election Committee shall notify the President of the results of the election

 

B.

The Election Committee shall post the results of the ratification election in a conspicuous place within the Law School . 

 

C.

Newly ratified amendments shall become effective immediately, unless the amendment specifies a later effective date. 

 

D.   

Newly ratified amendments shall be sequentially numbered, dated, and attached to the official copy of the Constitution 

 

E.

In the event of any inconsistencies with this Constitution or any other amendment, the most recently adopted amendment shall be controlling.

ARTICLE XI – OFFICIAL CONSTITUTION 

Section I:   

The official Constitution, with notarized amendments, shall at all times be kept in the office of the Associate Dean of the Law School . 

Section II:   

A copy of the official Constitution, with all amendments, shall be available in the Library. Copies of the official Constitution shall also be available to all law students upon request. 

Section III:   

All incoming law students shall be given a copy of the Constitution, with all current amendments, during orientation Week. This shall be the responsibility of the Executive Board.

ARTICLE XII – EFFECTIVE DATE  

This official Constitution of the Student Bar Association of the Pettit College of Law, Ohio Northern University, shall be effective January 1, 1976 .

 Revised on:

  April 5, 1990

  April 20, 1991

  February 21, 1996

  March 31, 1999

  February 10, 2004

 

 

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