PREAMBLE

In order to establish a firmer bond between the several classes of the Law Center, and between the students, faculty, administration, and alumni; and to broaden the relationship between the law student and the legal profession; and to assist the faculty and administration in establishing a proper academic atmosphere within the law center; and to serve as a voice for the student body in all areas of concern; and to provide basic services, we adopt this constitution and its by-laws:

ARTICLE I: ORGANIZATION

Section 1. Name

The name of this organization shall be the "Student Bar Association of the University of Houston Law Center" (hereinafter referred to as the SBA).

Section 2. Membership

A. Non-Active Members. Every student enrolled at the Law Center is automatically a non-active member of the SBA. Non-active members may vote in elections and may join in ratification of any constitution, Constitutional Amendment or revision. They are entitled to only those other privileges which the SBA Executive Board shall grant them.

B. Active Members. Active members are dues-paying members. They may vote in elections and join in ratification of any Constitution, Constitutional Amendment or Revision. They are entitled to all of the benefits and services of the SBA on such terms and under such conditions as the SBA Executive Board shall deem necessary and proper.

C. Membership shall not be denied on the basis of race, religion, sex, creed, or national origin.

Section 3. Executive Board

The Executive Board shall be the governing body of the SBA and shall consist of the following:

A. The Executive Committee.

1. President
2. First Vice-President
3. Second Vice-President
4. Secretary
5. Treasurer

B. Class Representatives.

1. Four (4) First Year Representatives per first year full time section
2. Two (2) First Year Part-time Representatives
3. Two (2) Second Year Representatives
4. Three (3) Third Year Representatives
5. Two (2) Second, Third, and Fourth Year Part-Time Representatives

C. Ex-Officio Members.

1. One (1) elected, voting American Bar Association Representative
2. One (1) elected, voting State Bar of Texas Representative
3. One (1) elected, voting Law Senator to the University of Houston Student's Association
4. One (1) Houston Young Lawyer Association Representative

ARTICLE II. POWERS AND DUTIES OF THE MEMBERS AND THE EXECUTIVE BOARD

SECTION 1. MEMBERSHIP

A. ELECTORAL POWERS. Members shall have the power to elect the Executive Committee members, their respective class Representatives, and all Ex-Officio Members.

B. RATIFICATION POWERS. To the members shall be reserved the right to ratify any Constitution, Constitutional Amendment or Revision proposed by the Executive Board.

C. INITIATIVE, RECALL, AND REFERENDUM POWERS. The members shall have the powers of initiative, recall, and referendum. The effect of any legislation passed pursuant to this provision shall have the same weight as similar legislation passed by the Executive Board.

1. INITIATIVE. The power of the membership to directly propose and initiate legislation in the nature of by-laws, rules and amendments.
   
   a. A written initiative petition containing the full text of the proposal and the signatures of not less than ten percent (10%) of the student members shall be submitted to the Secretary of the SBA who shall call for a special election to occur within ten (10) days for consideration by the entire membership.
   
   b.A two-thirds (2/3) majority of those voting is required to effectuate the proposal.
   
   
2. RECALL. The power of the membership to directly remove any Executive Committee Member, Class Representative, or Ex-officio Member at any time upon a showing of good cause.
   
   a. A written recall petition containing the name of the Executive Committee Member, Representative, or Ex-Officio Member sought to be removed, the reason for the removal and the signatures of not less than 10 percent (10%) of the student members must be submitted to the Secretary of the SBA who shall call for a special election to occur within ten (10) days for consideration by the entire membership.
   
   b. A two-thirds (2/3) majority of those voting is required to effectuate the removal.
   
   
3. REFERENDUM. The power of the membership to directly eliminate, nullify, or revoke an existing by-law, rule or amendment.
   
   a. A written petition containing the full text of the by-law, rule, or amendment to be stricken and the signatures of not less than 10 percent (10%) of the student members must be submitted to the Secretary of the SBA who shall call for a special election to occur within ten (10) days for consideration by the entire membership.
   
   b. A two-thirds (2/3) majority of those voting is required to effectuate the revocation, elimination, or nullification.

SECTION 2. EXECUTIVE BOARD

A. MEETINGS

1. The Board shall meet on a regular basis, excluding periods of final examinations and periods during which classes have been released.
   
   
2. Special meetings may be called by the President of the SBA or upon petition of a majority of the Board upon twenty-four (24) hours notice.
   
   
3. A quorum for all meetings shall be a simple majority of the voting members of the Board.
   
   
4. In all instances, when it is not in conflict with this Constitution or its by-laws, meetings shall be conducted in accordance with Roberts' Rules of Order (revised).

B. DUTIES. The duties of the Board shall be to legislate for, establish policy and procedures for, and make rules and regulations governing its activities on and off campus. These duties shall include, but not be limited to, the following:

1. To maintain open and adequate communications with the faculty, administration and alumni association in matters affecting the welfare of the Law Center and the students; and to keep the student body informed of such matters.
   
   
2. To inform their respective constituents of all actions taken by the Board subsequent to each meeting.
   
   
3. To attend all meetings.
   
   
4. To maintain communication with, agree or disagree with, the recognized college, regional, national and international student organizations.
   
   
5. To propose legislation, rules, regulations and policies to the Board for adoption thereby.
   
   
6. To regulate membership elections as set forth in Article III.
   
   
7. To encourage student organizations and individuals to participate in legal, educational, and social activities.
   
   
8. To summon to a hearing at a designated Board meeting any student organization or individual wishing to address the Board for its information or action.
   
   
9. To supervise its activities, functions, programs and services and to individually accept and faithfully carry out all responsibilities assumed or appointed.
   
   
10. To publish a calendar of events.
    
    
11. To control all student organizations bulletin boards and mailboxes and to make random assignments thereof as may be necessary.
    
    
12. To call a general student meeting whenever necessary and proper.
    
    
13. To assess and collect annual and semi-annual dues.
    
    
14. To make any and all by-laws not inconsistent with this Constitution; provided such by-laws be published and attached to this constitution within two (2) weeks of their passage.
    
    
15. To create committees considered necessary and proper to carry out the functions of the SBA.
    
    
16. All powers not specifically granted or denied which are necessary to student government are reserved to the Board subject to ratification as set forth in Article IV.
    
    
17. To regulate and control all public areas within the Law Center to prevent misuse and/or overuse by organizations which are recognized and registered within the University of Houston.

SECTION 3. EXECUTIVE COMMITTEE

A. PRESIDENT

1. To serve as the official spokesperson for the SBA in accordance with the policy officially adopted by the board.
   
   
2. To attend and preside over all meetings of the Board.
   
   
3. To attend all University Executive Committee meetings, Faculty Executive Committee meetings and Faculty meetings and to make reports to the Board about the activities of each.
   
   
4. To maintain continuous communication with the Dean and other administrators of the Law Center.
   
   
5. To vote, only in the case of a tie vote, at any Board meeting.
   
   
6. To excuse any member of the board from attending a meeting for good cause shown.
   
   
7. To establish such positions, agencies, and committees as are necessary only with the advice and consent of a majority of the Board.
   
   
8. To make all appointments to said SBA positions, agencies, and committees as are necessary only with the advice and consent of a majority of the Board, in accordance with the rules, procedures, and by-laws promulgated and accepted by the Board for such purpose.
   
   
9. Be an ex-officio member of all committees.
   
   
10. To set an agenda for each Board meeting.
    
    
11. Appoint a parliamentarian, if such is deemed necessary by a majority of the board.
    
    
12. To coordinate and oversee the annual SBA Softball Tournament.

B. FIRST VICE-PRESIDENT

1. To act in the absence of the President and in case of a permanent absence of the President, to assume full responsibility of the office of President.
   
   
2. To attend all Board meetings.
   
   
3. To be a voting member of the Board.
   
   
4. To coordinate and oversee the SBA annual Spring Banquet known as "Fiesta".
   
   
5. To assume full responsibility for compilation of the annual student directory.
   
   
6. To assist the Law Center faculty with the First Year Law Student Orientation.
   
   
7. To faithfully serve in any and all other assigned or appointed capacities.

C. SECOND VICE-PRESIDENT IN CHARGE OF THE BOOKSWAP

1. To act in the absence of the First Vice-President and to take full responsibility for the office of First Vice-President in case of a permanent absence of the President.
   
   
2. To attend all Board Meetings.
   
   
3. To be a voting member of the Board.
   
   
4. To organize, be in charge of, and take full responsibility for the daily operation of the SBA Bookswap including scheduling workers, recording daily sales, ordering supplies, ordering copies, and other such matters relating to the daily operation of the Bookswap.
   
   
5. To be responsible for the financial accounting of the Bookswap including sales, check disbursement, and other such related matters.
   
   
6. To faithfully serve in any and all other assigned or appointed capacities.

D. SECRETARY

1. To attend all Board meetings.
   
   
2. To be a voting member of the Board.
   
   
3. To post notice of all meetings, elections, committee appointments, office/Bookswap hours, calendar of events, and other items as may require posting.
   
   
4. To maintain a written record of all official business conducted by the SBA, including minutes of all meetings.
   
   
5. To publish the minutes of the Board meetings within two (2) days of each meeting. Copies of the minutes shall be made available to all students by posting a copy of the same.
   
   
6. To manage the Board office, supplies, and equipment.
   
   
7. To maintain files and records of:
   
   a. The Constitution, By-Laws, policies, procedures, rules and regulations adopted by the Board.
   
   b. Policies and reports adopted by or produced by committees and agencies established by the board.
   
   c. Activities, functions, programs, and services of the SBA.
   
   d. All current and past membership rolls of the SBA, its committees, agenices, etc.
   
   
8. To assign the student study carrels.
   
   
9. To faithfully serve in any and all other assigned or appointed capacities.

E. TREASURER

1. To attend all Board meetings.
   
   
2. To be a voting member of the Board.
   
   
3. To spend no SBA monies without the approval and signature of either the SBA President or Second Vice-President.
   
   
4. To be primarily responsible for the collection, maintenance, and distribution of SBA funds. a. To collect all membership dues.
   
   b. To coordinate all ticket sales and profit making activities.
   
   c. To pay all bills.
   
   d. To submit all qualifying expenditures to the Student's Association for reimbursement.
   
   e. To invoice for all monies due and owing.
   
   f. To keep accurate, up-to-date records of all financial transactions. Such records shall be available for inspection by any SBA member at any time upon reasonable notice.
   
   
5. To create and account for a "Petty Cash" fund, the amount of which should be determined by the Executive Committee. The fund will be used for such expenditures as are deemed necessary by the members of the Executive Committee.
   
   
6. To make a monthly financial report to the full Board at one of its regularly scheduled meetings.
7. To coordinate and oversee Law Center Arbitrations.
   
   
8. To coordinate creation and maintenance of student message file center.
   
   
9. To faithfully sere in any and all other assigned or appointed capacities.

SECTION 4. CLASS REPRESENTATIVES

A. Duties

1. To attend all Board meetings.
   
   
2. To be voting members of the Board.
   
   
3. To maintain open and adequate communication with their respective constituents.
   
   
4. To faithfully serve in any and all assigned and appointed capacities.

SECTION 5. EX-OFFICIO MEMBERS

A. Duties

1. To attend all Board Meetings.
   
   
2. To be a voting member of the Board.
   
   
3. To maintain open and adequate communication with the regional, national and international organization they represent.
   
   
4. To make periodic reports to the Board concerning the local, regional, national, and international activities of the organization they represent.
   
   
5. To be responsible for local membership.
   
   
6. To be responsible for local activities, functions, programs, and services and for carrying out regional, national, and international activities, functions, programs, and services on the local level.
   
   
7. To represent the local interests on the local, regional, national, and international level.
   
   
8. The Law Center shall, in addition, attend all Students' Association meetings and be responsible for keeping the Law Center student organizations advised of SA activities, budgeting procedures, deadlines, and hearing dates.

ARTICLE III. ELECTIONS

SECTION 1. ELIGIBILITY OF VOTERS. Any registered student is eligible to vote for Executive Committee Members, Ex-Officio Members, and Representatives of his/her respective class.

SECTION 2. ELIGIBILITY OF CANDIDATES. Any Paid member of the SBA is eligible to run for Representative of his/her class or for any one (1) of the Executive Committee or Ex-Officio positions.

SECTION 3. ELECTION COMMISSION

A. The President of the SBA shall appoint an Election Commission each year, not later than September 30, to serve throughout the academic year, with the advice and consent of a majority of the Board.

B. The Election Commission shall consist of three (3) commissioners who shall administer all general and special SBA elections in a fair and orderly manner.

C. The Duties and responsibilities of the Election Commission shall be set forth more fully in the By-Laws.

Section 4. Fall Election

A. Election of four (4) First Year Representatives per each Full Time section.

1. ELIGIBILITY OF VOTERS. Any member enrolled in the First Year Full Time Program shall be eligible to vote in this election.
   
   
2. ELIGIBILITY OF CANDIDATES. Any member enrolled in the First Year Full Time Program shall be eligible to run for First Year Representative.

B. Election of two (2) First Year Representative per each Part Time section.

1. ELIGIBILITY OF VOTERS. Any member enrolled in the First Year Part Time Program shall be eligible to vote in this election.
   
   
2. ELIGIBILITY OF CANDIDATES. Any member enrolled in the First Year Part Time Program shall be eligible to run for First Year Representative.

C. DATES AND TIMES

1. The First Year Full Time and Part Time Representatives shall be elected each Fall on a date determined and announced by the SBA Executive Board at least two (2) weeks in advance, but in no event later than the second full week in October.
   
   
2. The times for said election shall be more specifically provided for in the Election By-Laws.

SECTION 5. SPRING ELECTION

A. The general spring election shall be for the purpose of electing the following:

1. SBA President
   
   
2. SBA First Vice-President
   
   
3. SBA Second Vice-President
   
   
4. SBA Secretary
   
   
5. SBA Treasurer
   
   
6. Three (3) Third-Year Representatives
   
   
7. Two (2) Second-Year Representatives
   
   
8. Three (3) Second, Third, and Fourth-Year Part-time Representatives
   
   
9. One (1) American Bar Association Representative
   
   
10. One (1) State Bar of Texas Representative
    
    
11. One (1) Law Senator
    
    
12. One (1) Houston Young Lawyer Association Representative

B. The general spring election shall also be for the purpose of approving the Honor Court Justices appointed by the SBA President pursuant to the Honor Code.

C. ELIGIBILITY OF VOTERS. Any registered student is eligible to vote in every race, except that he/she may vote for the representative of his/her class only.

D. ELIGIBILITY OF CANDIDATES. Any member of the SBA is eligible to run for any position, except, that he/she may run for representative of his/her respective class only.

E. DATES AND TIMES

1. The Spring Election shall be held each Spring on dates within the month of March or the first two (2) weeks of April as determined and announced by the SBA Executive Board at least three (3) weeks in advance.
   
   
2. Times for said election shall be more specifically provided for in the Election By-Laws.

SECTION 6. Election Procedures, Determination of Election Results, Filling of Vacancies, Complaints, Contests, and Appeal Procedures shall be provided for and handled in accordance with the Election By-Laws.

SECTION 7. INSTALLATION

A. Installation of the First Year Representatives shall take place at the first regularly scheduled meeting of the Board following election.

B. New Executive Board members shall assume their duties at the final scheduled meeting for the school year. Incoming Board Members should familiarize themselves with their prospective offices prior to this time.

SECTION 8. TERM OF OFFICE. All Executive Board Members shall hold office from the date of installation until installation of his/her successor.

SECTION 9. In the event of a vacant position on the executive board, the president shall nominate an eligible student to fill the vacancy, and the executive board must confirm the nominee by a majority vote.

ARTICLE IV. AMENDMENTS

SECTION 1. PROCEDURE

A. The Board shall have the power to propose to the entire membership amendments or revisions to this constitution by affirmative vote of two-thirds (2/3) of the voting members who are present and voting at a meeting where a quorum is present.

B. The proposed amendment or revision must be published by the SBA secretary not less than three (3) regular class days prior to the special election called by the president.

C. The special election shall be for the purpose of presenting the amendment or revision to the entire student membership for ratification by a simple majority vote of those voting.

SECTION 2. The membership shall have the power to propose amendments or revisions to this Constitution pursuant to Article II, Section 1(C)(1).

ARTICLE V. REMOVAL FROM OFFICE

SECTION 1. UNEXCUSED ABSENCES

A. Any Executive Board member unexcused and missing three (3) Board meetings shall be subject to having his/her position declared vacant by a two-thirds (2/3) vote of those members present. A quorum must be present for this vote to be valid.

B. NOTICE. Prior to any vote to declare a vacancy, as provided for in Article V, Section 1 (A), the SBA President shall notify, in writing, the member with the three (3) unexcused absences that such action is pending.

C. EXCUSED ABSENCES. Valid excuses for absences shall be limited to:

1. Serious illness or illness reported to the President prior to the meeting time (this extends to family members; i.e., children).
   
   
2. The death of a family member or loved one, or a reasonable period of bereavement following such a death.
   
   
3. Observance of a recognized religious feast or holy day.
   
   
4. Attendance, with prior notice, at meetings in representation of the interests of the Law Center, the SBA, the ABA, the State Bar of Texas, or any organization affiliated with, or operating at the Law Center.

D. MINOR EVENTS

1. Upon the decision of the Executive Board to participate in any minor Law Center event, any Executive Board Member unexcused and missing two (2) events shall be subject to having his/her position declared vacant by a two-third (2/3) vote of those members present and voting at the meeting immediately following the second absence. A quorum must be present for this vote to be valid.
   
   
2. This will be governed by the rules in Art 5 §1 (B) - (C).
   
   
3. Minor events shall include but not be limited to Arbitrations.

E. MAJOR EVENTS

1. Upon the decision of the Executive Board to participate in any Law Center event, any Executive Board Member unexcused and missing one (1) event shall be subject to having his/her position declared vacant by a two-third (2/3) vote of those members present and voting at the meeting immediately following the absence. A quorum must be present for this vote to be valid.
   
   
2. This will be governed by the rules in Art 5 §1 (B) - (C).
   
   
3. Major events shall include but not be limited to Friends and Family Day, Halloween Party, Fun Run, Softball Tournament, Lawlapalooza, and Follies.

F. The Executive Committee shall have the authority to grant an excused absence for any minor event, major event, and/or meeting. The president may grant an excused absence if a meeting of the executive committee cannot be held. Excused absences shall be granted according to, but not limited to the provisions in Art 5 §1 (C).

SECTION 2. IMPEACHMENT

A. Grounds for impeachment shall be violation of this constitution, violation of the Honor Code as adopted, fraud, embezzlement, or tampering with election procedures.

B. Charges of impeachment may be brought against any member of the Executive Board by a written petition containing the name of the member sought to be impeached, the charges against him/her, and the signature of at least three (3) other members of the Executive Board.

C. A copy of the petition shall be delivered to the member charged within forty-eight (48) hours of receipt of same.

D. Once a charge is brought, the President, or First Vice-President in the event the President is the one charged, shall make a finding of probable cause that the charge is true.

E. The President, or First Vice-President in the even the President is the one charged, shall call a special meeting for the impeachment vote within one (1) week of determining probable cause.

F. A two-thirds (2/3) vote of the Board is required to effectuate the removal. A quorum must me present for the vote to be valid.

SECTION 3. RECALL. The membership may remove a member of the Executive Board pursuant to Article II, §1(C)(2)

ARTICLE VII. RATIFICATION. This Constitution shall become effective by an affirmative vote of a majority of the SBA members voting on March 12, 1981.