The Constitution

Of

 The Associated Students

Of

  Mesa Community College

Amended January 2006

** Note: This is the newest copy that Maricopa Legal District Office has on File**

PREAMBLE

            We, the Students of Mesa Community College, in order to form a democratic    student union; to serve Student interests; to provide for the advancement of the             College Community; to build a progressive institution, a proactive student body,    and innovative educational environment; hereby establish this constitution.

MISSION

            The Students of Mesa Community College unite to serve student interests through          building a proactive student body.

ARTICLE I     NAME

            This organization shall be known as the Associated Students of Mesa Community          College (hereafter referred to as “ASMCC”) of the Maricopa County Community College District.

ARTICLE II    PURPOSE

            The primary purposes of this organization shall be:

            SECTION 1

                  Work to advance the needs and interests of Mesa Community College                                      (hereafter referred to as “MCC”) students by promoting and maintaining a                               democratic form of student government. ASMCC shall strive to work with                           students, staff, faculty, and administration to accomplish this goal.

            SECTION 2

                  Develop, facilitate, and support programs that will further the intellectual,                        social, physical, personal and leadership development of MCC Students.

            SECTION 3

                  Develop communication with all enrolled students in order to provide them                     with pertinent information and services.

            SECTION 4

                  Encourage and support high standards of student achievement.

ARTICLE III   MEMBERSHIP

            SECTION 1

                  Membership shall not be limited by age, race, color, religion, sex, sexual                        orientation, national origin, physical or mental disability, medical condition,                      ancestry, marital status, or citizenship.

                                                                                                            ASMCC Constitution 2

            SECTION 2

                  Any student enrolled at any MCC campus shall be considered a member of                               ASMCC.

            SECTION 3

                  All AMCC members shall be eligible to vote in all regular and special                                         ASMCC elections.

ARTICLE IV   EXECUTIVE BRANCH

            The management and administration of ASMCC shall be vested in the Executive            Branch, which shall appoint any necessary staff and shall maintain student     administration as hereinafter provided.

            SECTION 1   EXECUTIVE BOARD

                 The Executive Board shall maintain the necessary standards by using initiative                             and effective management of available resources, such that the Executive                         Board fulfills its obligations to the membership of ASMCC.

                 A. MEMBERSHIP

                        1. The Executive Board shall consist of the President, Executive Vice                                 President, Vice President of Communications, and Vice President of                                  Fiscal Affairs as voting members.

        2. One non-voting faculty/staff advisor appointed by the College President             and approved by the Executive Board.

        3. Executive Board members shall not serve as an officer of any MCC                   sponsored club, organization, or special interest group.

 B. POWERS AND DUTIES

        1. Management of the Executive Branch shall be vested in the Executive

            Board, who shall utilize staff and resources, and maintain student                        administration.

                        2. The Executive Board shall have the power to make decisions on behalf                                      of ASMCC, except where such a decision is specifically given to                               another ASMCC officer or assembly.

                        3. The Executive Board shall convene whenever called upon by an                                                Executive Board Officer of ASMCC, the Director of Student Life and                                  Leadership, the Dean of Student Services, the Vice President of Student                             Services, or the College President.

                        4. Stewardship over the Associated Students Executive Board account                              shall rest with the Executive Board, in cooperation with the Office of                                     Student Life and Leadership.

                        5. The members of the Executive Board shall maintain office hours on a                                         weekly basis.

                                                                                                            ASMCC Constitution 3

                      C. EXECUTIVE OFFICERS’ POWERS AND DUTIES

              PRESIDENT

                 1.   Shall be the official representative and spokesperson for ASMCC.

            2.   Shall preside at and conduct al Executive Board meetings.

            3.   Shall serve as an ex-officio member of all ASMCC committees.

            4.   Shall preside at and conduct all cabinet meetings.

            5.   Shall have the power to create and appoint any committee deemed

                  necessary by the Executive board.

            6.   Shall supervise all business activities of ASMCC.

            7.   Shall establish and maintain good communication with the                                              Administration and faculty.

            8.   Shall develop agendas for the Executive Board and Cabinet.

            9.   May delegate powers except where such delegation is expressly                       prohibited by this Constitution, the Statutory Law, or the current                                 Bylaws.

          10.   Shall have other powers as stated or described elsewhere in this

                  Constitution, the Statutory Law, or the Bylaws.

          11.   Shall appoint Executive Officers in the event of their vacancy,                            subject to the approval of the Executive Board and the Student                             Senate.

          12.   Shall appoint Commissioners as stipulated in this Constitution, the

                  Statutory Law, and in the Bylaws, with recommendations of that                        Commission’s Chair.

                        EXECUTIVE VICE PRESIDENT

             1.   Shall assist the President in the performance of the duties of that                         office.

             2.   Shall serve as a member of the Executive Board, and the Student                                   Senate.

             3.   Shall serve as an ex-officio member of the Cabinet.

             4.   Shall preside as Chair and conduct all Senate meetings unless the                                   duty is delegated to a Chair Pro Tem.

             5.   Shall develop agendas for Student Senate meetings.

             6.   Shall assume the duties of the President during his/her absence and                                shall succeed to that office should it become vacant.

             7.   Shall serve on campus committees as appointed by the President.

             8.   Shall perform other duties as assigned.

                        VICE PRESIDENT OF COMMUNICATIONS

             1.   Shall record the minutes of the Executive Board and Student Senate                              meetings.

             2.   Shall ensure that office files for the minutes of the Executive Board,                    Cabinet, and Student Senate meetings are maintained.

                                                                                             ASMCC Constitution 4

             3.   Shall ensure that copies of all minutes are sent to the following:                           College President, Dean of Student and Community Service,                             Director of Student Leadership, Cabinet members, Executive Board                              members.

             4.   Shall distribute copies of all Executive Board and Senate Meeting                                  minutes to the following: College President, Vice President of                                 Student Services, Dean of Student Services, the Director if Student                                  Life and Leadership, Cabinet Members, and Executive Board                        Members.

             5.   Shall ensure that all ASMCC files and materials are organized and                                 maintained in a professional and useful manner.

             6.   Shall be responsible for matters deemed necessary by the President.

             7.   Shall serve as a member of the Executive Board and the Student                        Senate.

             8.   Shall serve as an ex-officio member of Cabinet.

             9.   Shall perform other duties as assigned.

                        VICE PRESIDENT OF FISCAL AFFAIRS

                 1.   Shall manage all budgets related to ASMCC.

                 2.   Shall notify, within 5 business days, all organizations that are                                          allocated ASMCC funds.

                 3.   Shall present regular ASMCC fiscal reports to the Senate and to any                             Senator upon request.

                 4.   Shall serve as a member of the Executive Board and the Student                                    Senate.

                 5.   Shall serve on campus committees as appointed by the President.

                 6.   Shall serve as an ex-officio member of the Cabinet.

                 7.   Shall assist in drafting ASMCC budget proposals in cooperation                                    with the Executive Board.

                 8.   Shall perform other duties as assigned.

                    A. Elected or appointed officers shall hold office starting from the day                                 after Commencement to the day of Commencement of the following                                       year.

        SECTION 2 CABINET

                 The Cabinet shall assist the Executive Board in fulfilling its duties in the                           management and running of ASMCC.

           A. MEMBERSHIP

       1.   The Cabinet shall consist of all Commission Chairs.

       2.   Cabinet members shall not serve as officers of an ASMCC sponsored                           Club or Organization.

                                                                                                       ASMCC Constitution 5

          B. POWERS AND DUTIES

                   The Cabinet shall:

                   1. Assist the Executive Board in fulfilling its obligations to                                                   ASMCC members.

                   2. Develop goals and objectives set forth by the Student Senate and                      Executive Board.

                   3. Form committees, as necessary, to expedite the accomplishment                                    of goals and objectives.

                   4. Present findings and make proposals to the Executive Board and                       Student Senate, or any other body deemed necessary.

          C. MEETINGS

       1. The Cabinet shall meet when necessary to resolve business, with the                 minimum of one meeting every two weeks.

       2. Meetings shall be conducted in an informal manner, with the Chair                     invoking Robert’s Rule of Order if necessary to maintain order.

          D. PRESIDING OFFICER

       1. The President of ASMCC shall preside over and conduct all Cabinet                             meetings.

       2. The Chair shall be responsible for coordinating the efforts of the                         Cabinet.

       3. A Chair Pro Tem shall be appointed by the ASMCC President in her/his           absence.

            SECTION 3 COMMISSIONS

        A. MEMBERSHIP

         Commissions shall consist of Commissioners appointed by the ASMCC

         President, subject to the approval of the Executive Board upon

         recommendation from the Commission Chairs.

               B. POWERS AND DUTIES

         Commissioners, under the direction of the Executive Board, shall assist in           the management and running of ASMCC in the capacity of that                               Commission.

        C. PRESIDING OFFICER

         The ASMCC President shall appoint a Chair of each commission, subject                     to the approval of the Student Senate, and the Executive Board.

                                                                                                            ASMCC Constitution 6

ARTICLE V   JUDICIAL BRANCH

                Judicial powers of ASMCC shall be delegated to the Student Court.  The Judicial

            Branch shall have original jurisdiction over grievances of ASMCC members

            arising under this Constitution, the Statutory Law, and Bylaws.  In addition, the Judicial Branch shall have appellate jurisdiction to review decisions of the     Election Committee.

            SECTION 1 STUDENT COURT

              A.   MEMBERSHIP

                     1.  The Student Court shall consist of five ASMCC students to act as  

                     Justices, appointed each year by the President of ASMCC with the approval

                    of the Senate.

    2.   No member of the Executive Board, Cabinet, or the Student Senate

    shall be a member of the Student Court, unless there is an unavailability or

    vacancy of Justices and the Senate (by 2/3 majority vote in the affirmative)

    declares an emergency that warrants an immediate attention of the Student

    Court.

    3.  The five Justices shall elect, by a majority vote, a member of the Student

    Court to act as Chief Justice to represent the Court for the duration of the

    academic year.

ARTICLE VI    LEGISLATIVE BRANCH

            The Student Senate shall represent the voice of the ASMCC student membership,

            and shall ensure that the wishes of the ASMCC membership are propagated.

            SECTION 1 STUDENT SENATE

                The legislative and specified fiscal power of ASMCC shall be vested in the

                student senate.

                A. MEMBERSHIP

                   1. The voting membership of the Student Senate shall consist of:

                         a. The President, Executive Vice President, Vice President of

                             Communications and the Vice President of Fiscal Affairs.                                   

                        b. Commission Chair of each Commission.

                         c. One Club designated Senator from each ASMCC recognized                                                    clubs or campus organizations.

                   i. One alternate Senator per club may be designated and                                       recognized as a voting member in the absence of the                                        designated Senator.

                         d. Independent Senators

                              Seats shall be available for Independent Senators:

                                    i. Students may not be members of MCC student clubs,                                                   campus organizations, or special interests groups.

                                                                                                 ASMCC Constitution 7                

                  ii. The number of Independent Senate seats available shall be one-  

                      quarter (25%) of the total Senate membership at the beginning of the   

                      semester.

                 iii. Independent Senators shall be confirmed by the Senate.

             e. One faculty/staff advisor appointed by the College President and                                    approved by the Senate as a Senator of ASMCC.

               B. POWERS AND DUTIES

                        1.  The legislative power of ASMCC shall be vested with the ASMCC                               Student Senate subject to the ASMCC President’s line item veto, which                             may be overridden by a two-thirds (2/3) majority vote in the                                                  affirmative of the Senate.

            2.  The Student Senate shall hold fiscal responsibility over the Associate                              Student Activities account and may conduct hearings for budget                              requests.

                        3.  The Student Senate shall have the ability to create, revise and amend

                             bylaws that govern Senate Procedure and ASMCC activities.

                        4.  The Student Senate shall assume whatever additional responsibilities

                              it deems necessary to fulfill its obligation to students provided that

                              those responsibilities are not specifically assigned to another                                                       organization, and are not in violation of the ASMCC Constitution,                                        Bylaws and MCCD Statutory Law.

                        5.  The Student Senate shall pass no legislation that is inconsistent with                                this Constitution, as interpreted by the Student Court.

               C. MEETINGS

                        1.  The Senate shall meet at least once every two weeks during the                                                 academic year, not to coincide with Executive Board or Cabinet                                         meetings at a publicly announced time and place.

                        2.  A quorum of fifty percent plus one (50% + 1) of the total Senate                                   membership shall be in attendance before official business may be                                         conducted.

               D. PRESIDING OFFICER

                        1. The Executive Vice President shall chair the senate.

                        2. The Executive Vice President shall designate a Chair Pro Tem to                                   preside in the absence of the Chair.

               E. PROCEDURE

                        1. The Presiding Officer of the Senate may consult with the Faculty/Staff                                        Advisor or the Student Life and Leadership representative to the                                                    Student Senate as necessary on parliamentary questions.

                        2. Robert’s Rule of Order simplified will be the parliamentary resource of                                      the Senate.

                                                                                                            ASMCC Constitution 8

                        3. All senate meetings shall be open to all students, faculty, staff and

                            administration.

                        4. The Senate shall not approve official business pertaining to the                                                   Associated Students Activities account without the presence of the                                    voting faculty/staff advisor or the Student Life and Leadership                                              representative to the Senate.

ARTICLE VII PRESIDENTS’ COUNCIL

      The Presidents’ Council shall promote unity and communication between

       individually recognized ASMCC clubs, and to provide feedback to the

       Executive Board on collective and individual needs of these clubs.

            SECTION 1 MEMBERSHIP

               A.  The Presidents’ Council shall be compromised of the ASMCC President

                     and the Presidents or appointed representative, of each ASMCC recognized

                     club or each meeting. A minimum of two meetings per semester is required,

                     which will not coincide with the Executive Board, Cabinet or Student                             Senate meetings.

            SECTION 2 POWER AND DUTIES

               A.  The President’s council shall act as a roundtable advisory forum on campus

                     club and organization affairs.

               B.   The Presidents’ Council shall pass no legislation or hold any control over                        any other body.

ARTICLE VIII MCC CAMPUS CLUB, ORGANIZATIONS AND SPECIAL INTEREST GROUPS

       The students of Mesa Community College shall have the option of formulating

       campus-sponsored clubs, organizations and special interest groups. Ultimate

       sanction shall rest with the College President. All campus clubs, organizations and

       special interest groups are subject to the operational requirements as established

       by MCC and Maricopa Community College District policies. All Student clubs and

       organizations and special interest groups shall be established and maintained through         

       the Office of Student Life and Leadership, with the approval of the Dean of Student  

       Services, the Vice President of Student Services, and the President of MCC. Student

       clubs, organizations and special interest groups that desire affiliation with ASMCC   

       shall adhere to the requirements stipulated in the ASMCC Bylaws.

                                                                                                            ASMCC Constitution 9

ARTICLE IX IMPEACHMENT AND DISMISSAL

       Articles of impeachment must be drafted and may only be brought forth by

       members of the Senate against any Executive Officer, Commissioner, Justice,

       Senator, or any appointed or elected official of ASMCC. Impeachment is defined as

       bringing accusation of misconduct in office. Dismissal is defined as the removal of

       an impeached official.

        SECTION 1 IMPEACHMENT

            A.  Impeachment proceedings shall supersede all other Senate business.

            B.  Impeachment proceedings shall not exceed 16 school days.

            C.  The Senate may form a committee to investigate all charges of impeachment.

                  The findings of the committee shall be presented to the Senate.

            D.  A 2/3 majority vote in the affirmative of the full Senate membership

                  shall approve impeachment.

            E.  Impeached Justices may not serve in their own dismissal trials.                    

       SECTION 2 DISMISSAL FROM OFFICE

            The dismissal of an impeached official shall be determined by a trial in the           Student Court.


            A. The Student Court, upon review of the Senate findings, shall determine if there               are sufficient grounds to dismiss the impeached official.

            B. Within two weeks of the Senate’s vote to impeach, the Student Court shall                     issue a judgment for or against dismissal.

            C. Should the Senate decide against the Student Court’s rulings for dismissal of                             an impeached official, the Senate on a two-thirds (2/3) majority vote in the                      affirmative, can overrule the Student Court’s decision.

     D. Should the Senate decide in favor of the Student Court’s ruling for dismissal,                              then the Senate on a majority (50%+1) vote in the affirmative shall accept the                           Student Court’s decision.

            E. The Senate vote is final.

ARTICLE X REFERENDUM AND INITIATIVE

            SECTION 1 REFERENDUM

                  The Student Senate may refer any proposed legislation to the ASMCC                                      membership. A majority (50%+1) vote in the affirmative of ASMCC                                   members voting is required for passage.    

                                                                                                            ASMCC Constitution 10

            SECTION 2 INITIATIVE

                 A. Any member of ASMCC may petition for initiative measures. Such a                             petition must be signed by no less then one-quarter (1/4) of the number of                               ASMCC members that voted in the prior General Election.

                 B. The petition shall be presented to the Judicial Commission who will                                           validate the initiative signatures, and will authorize a Special Election within            30 days of receiving such a petition. An extension on Special Elections may                        be granted by a 2/3 majority vote of the Senate. A majority (50%+1) vote in                             the affirmative of those ASMCC members voting shall be required for                           passage.

                 C. ASMCC budgetary matters shall not be subject to referendum or initiative.

ARTICLE XI BYLAWS

            The Student Senate may enact, amend, or repeal bylaws. Bylaws shall be          established to include additional rules, provisions, and regulations of ASMCC.   Unless otherwise stated, Bylaws passed by the Senate shall not expire.

ARTICLE XII AMENDMENTS

            SECTION 1

                  Amendments to this Constitution shall be initiated by a two-thirds (2/3)                          majority vote in the affirmative of the total membership of the Senate.

            SECTION 2

                  Upon affirmative vote of an amendment by the Senate, the Executive Board                               shall schedule a special election within 30 days of the vote but in no case less                       than two weeks after the vote.

                  A. The Executive Board shall send a copy of the proposed Amendment to the                                appropriate Dean or designee of the college who will be responsible for                              submitting any constitutional change to the President of the college for                               transmittal to the Governing Board General Counsel.

                  B. The Executive Board shall publish a notice of Special Election in the                               college newspaper at least two weeks prior to the election.

            SECTION 3

                  Unless otherwise stated in the amendment, amendments shall become                                        effective upon approval. Acceptance by a majority (50%+1) vote in the                             affirmative of those ASMCC members voting, in the Special Election, shall                            constitute approval.

                                                                                                                            ASMCC Constitution 11

ARFTICLE XIII RATIFICATION

            This Constitution shall have full force and effect following passage by the            majority of those students voting in a campus-wide election. This Constitution            shall supersede and repeal all previous ASMCC Constitutions and Bylaws.

                                                                                                            ASMCC Constitution 12