PREAMBLE

This body was formed in the spring of 1969 under the following precepts: we, the students of Seton Hall University School of Law, in order to protect and promote the highest standards of ethics, scholarship, and camaraderie, in preparation for the legal profession; and to guarantee the rightful position students have in the policymaking forums of this school, do hereby adopt this Constitution. In addition, this body recognizes and embraces its obligation to the community at large. In recognition of this obligation, the Student Bar Association pledges to work diligently toward the achievement of goals for those groups, organizations, clubs, or individuals that shall seek its assistance.

            ARticle One: Name

This organization shall be called the Student Bar Association of Seton Hall University School of Law (referred to herein as the SBA).

            Article Two: Object

Subject only to the statutory regulations of the University, the faculty, and the will of the Student Body, the SBA represents the Student Body of Seton Hall University School of Law (referred to herein as the Law School) in promoting student interests and advocating for student life and academic concerns.

            Article Three: Members

            Section 1: Composition

A.   The SBA shall consist of the following members:

1. Forty student senators (the Senate), specifically: 8 first year senators (2 senators per day division section and 4 evening division senators); 8 second year day division senators; 8 third year day division senators; 4 second year evening division senators; 4 third-year evening division senators; and, 4 fourth-year evening division senators. 

2. The 7 officers of the SBA (President, Vice-President, Evening Vice-President, Secretary, Treasurer, Parliamentarian, and Social Chair).

B.   Officers and Senators of the SBA shall serve a term of one year or until his/her successor is elected.         There is no limit to the number of terms an individual may serve as an SBA Officer or Senator of the SBA. 

C.   No person shall serve as both a Senator and a SBA Officer concurrently. 

            Article Four: Officers of the SBA

            Section 1: Officers and Duties

A.   The Officers of the SBA, in order of succession, shall be: President, Vice-President, Evening Vice-President, Secretary and Treasurer.  The Parliamentarian and Social Chair, while officers of the SBA, do not follow in the order of succession. 

B.   An officer of the SBA shall a term of one year or until his/her successor is elected, whichever occurs first. An officer’s term of office begins on May 1.

C.   No member may occupy more than one office of the SBA concurrently.

D.   A vacancy in any office (except for Social Chair or Parliamentarian) shall be filled by an election scheduled within thirty (30) days of said vacancy, excluding periods when school is not in session. 

E.   A vacancy in the office of Parliamentarian or Social Chair shall be filled by appointment by the SBA President within thirty (30) days of said vacancy, excluding periods when school is not in session. 

F.   With the exception of the President (whose ability to vote shall be governed by the most recent edition of Robert’s Rules of Order Newly Revised), Officers of the SBA will have no vote at regular and special meetings of the SBA. 

G.   The President shall:

1. Chair all regular and special meetings of the SBA;

2. Chair all regular and special meetings of the Executive Board;

3. Serve as the student representative to all college committees where permissible or appoint a representative (to be approved by the Senate) to serve in his/her place;

4. Attend all faculty meetings or appoint a representative to attend in his/her place;

5. Execute all resolutions as directed by the Senate;

6. Serve as an ex-officio non-voting member to all SBA committees;

7. Serve as the official representative of the Student Body in and throughout the Law School community and general public;

8. Whenever possible, ensure attendance at University Senate meetings by a member of the SBA Executive Board.

9. Appoint the Social Chair and Parliamentarian at the first regular meeting of the newly elected Executive Board.  Said appointments shall be confirmed by a majority vote of the Senate at the next SBA meeting following their appointment.  Subsequent to their appointment, but prior to confirmation, the Social Chair and Parliamentarian will serve on an interim-basis. 

10. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

H.  The Vice-President shall:

1. Assume the duties of the President of the SBA in his/her absence;

2. Act as coordinator and liaison between the Senate and all students who are applying for, and are later accepted as, members of Student/Faculty and SBA committees.

3.  Assist the Law School with Orientation.

4. Serve as sergeant-at-arms in all meetings, assisting the chairperson of the meeting in establishing and maintaining order at her/his request;

5.  Notify Officers, committee members, and delegates of their election or appointment, furnish committees with whatever documents are required for the performance of their duties, and to have on hand at each meeting a list of all existing committees and their members;

6. Keep on file all committee reports;

7.  Serve as a non-voting member of the SBA , with the right to propose legislation as well as participate in debate;

8. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

I.  The Evening Vice-President shall:

1. Act as a coordinator and liaison between the Senate and Evening Division, ensuring a proper voice.

2. Oversee the creation and distribution of the student directory.

3. Assist the Law School with Orientation.

4. Serve as a non-voting member of the SBA, with the right to propose legislation as well as participate in debate;

5. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA.

J.  The Secretary shall:

1. Keep a record of all the proceedings of the SBA;

2. Prepare, prior to each meeting, an order of business for the use of the presiding officer, showing the exact order, under the correct headings, all matters known in advance that are due to come up and, if applicable, the times for which they are set;

3. Keep the SBA’s official membership roll and call the roll where it is required;

4. Document all absences and report them to the SBA for action;

5.       Maintain record book(s) in which this Constitution, special rules of order, standing rules, and minutes are entered, with any amendments to these documents properly recorded, and to have the current year’s record book(s) on hand at every meeting;

6. Make the minutes and records available to members upon request;

7. Serve as a non-voting member of the SBA, with the right to propose legislation as well as participate in debate;

8. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

K.  The Treasurer shall:

1. Keep track of all funds of the SBA and shall act as keeper of the books;

2. Oversee the distribution of SBA funds and shall make financial reports at each regular meeting of the SBA;

3. Chair the Finance Committee;

4. Serve as a non-voting member of the SBA, with the right to propose legislation as well as participate in debate;

5. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

L.  The Parliamentarian shall:

1. Serve as an adviser to the SBA (attending both SBA and Executive Board Meetings) on matters of parliamentary procedure.

2. The Parliamentarian’s role during any meeting is purely an advisory and consultative one.  He/She should give advice to the chair of the meeting and, when requested, to any other member on matters of procedure. 

3. It is the duty of the Parliamentarian to, as inconspicuously as possible, call to the attention of the chair to any error in the proceedings that may affect the substantive rights of any member or may otherwise do harm. 

4. After the Parliamentarian has expressed an opinion on a point, the chair has the duty to make the final ruling and, in doing so, has the right to follow the advice of the Parliamentarian or to disregard it.

5. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

M.  The Social Chair shall:

1. Serve at the direction of the President and SBA in coordinating all SBA sponsored social functions.

2. Perform all other duties prescribed in this Constitution and by the parliamentary authority adopted by the SBA. 

            Article 5: Powers

Responsibilities of the SBA shall include the following:

A.   Participating in the formulation and ratification of rules, codes and regulations affecting the students of the Law School;

B.   Appointing all student representatives to Faculty committees as the Faculty or Administration shall request in writing;

C.   Officially recognizing student organizations and allocating available funds to those recognized organizations that are eligible. 

D.   Representing the interests and needs of students of the Law School in all other instances where student representation is requested or required and is not specifically delegated to other campus groups.

            Article 6: Rules of Conduct

A.   At least eight (8) regular meetings of the SBA will be held per academic year.

B.   All business of the SBA shall be conducted pursuant to the will of the SBA’s Student Senators.  Such business shall be conducted in accordance with the SBA’s parliamentary authority (see article twelve). 

C.   Special meetings of the SBA may be called by the President of the SBA or upon the written request of five (5) members of the Senate (which may include organization representatives acting in their official capacity). The purpose of the meeting shall be stated in the call. Except in cases of emergency as identified by the President of the SBA or the Dean of Students Office, at least five (5) days’ notice shall be given to all members by telephone, in writing, or electronic means.

D.   In all regular and special meetings of the SBA, the quorum shall be defined as the presence of a majority of the Senators of the SBA.

            Article 7: Requirements, Removal and Resignation

A.   Attendance Requirement. Officers and Senators of the SBA are expected to attend all regular and special meetings of the SBA. 

1. If any member misses more than one-half of a regular meeting, s/he will incur an absence.

2. If a member misses more than 15 minutes of a meeting, but less than half of the meeting, s/he will incur a half absence.

3.  The Secretary will be responsible for documenting all absences and reporting them to the SBA for action.

B.   Removal. Any Officer or Senator of the SBA may be removed from office for any of the following reasons:

1.  Acting in a manner that tends to injure the good name of the SBA, disturb its well-being or hamper in its work.

 a.  A violation of this provision is a serious offense properly subject to disciplinary action.  Any and all  actions to remove a member under this section must strictly adhere to the procedural guarantees of Robert’s Rules of Order Newly Revised. 

    2.    Attendance

a.   The SBA may remove any Officer or Senator of the SBA with three (3) recorded absences during his/her term of office from office by a two-thirds majority vote of the Senate at any regular or special meeting of the SBA.

b.   Any Officer or Senator of the SBA with five (5) recorded absences shall automatically be removed from the SBA roll and his/her position declared “vacant”.

C.   Resignation. Officers and Senators may resign by submitting the request in writing to the Secretary. A resignation is effected upon majority acceptance by the SBA at a regular meeting subsequent to the receipt of the resignation.

D.   Vacancies

1. Vacancies in Officers or Senators of the SBA shall be filled by a special election within thirty (30) days of said vacancy excluding school holidays.  If only one student qualifies for a vacant position that student shall automatically assume that position.

ARTICLE EIGHT: EXECUTIVE BOARD

            Section 1: Officers and Duties

A.   The Officers of the SBA will also serve as the members of its Executive Board. 

B.   The President, Vice-President, Evening Vice-President, Secretary and Treasurer will serve as voting members of the Executive Board. 

C.   The Parliamentarian and Social Chair will serve as non-voting members of the Executive Board. 

            Section 2: Powers

A.   The Executive Board shall manage the affairs of the SBA during those times when it is impossible or unrealistic to convene the entire SBA, or in an emergency situation as identified by the President of the SBA or the Dean of Students Office.

B.   Any action taken by the Executive Board may be overruled by a majority vote of the Senate at any regular or special meeting of the SBA.

            Section 3: Rules of Conduct

A.   Regular meetings of the Executive Board shall occur at an interval to be determined by the Officers of the SBA prior to each semester. 

B.   Special meetings of the Executive Board may be called by the President or upon the written request of two (2) members of the Executive Board. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least two (2) days notice shall be given to all members by telephone, in writing, or through electronic means.

C.   In all meetings of the Executive Board, the quorum shall be defined as the presence of a majority of the members, one being the acting President of the SBA.

D.   The Secretary shall take accurate attendance and minutes at all meetings of the Executive Board.  Those records (with the exception of minutes taken while in the Executive Board is in executive session) shall be made available to any member of the Student Body upon request within three (3) days of said request.  

E.   No Officer of the SBA shall simultaneously serve as an executive board member for any recognized student organization.

            Article NINE: Nominations and Elections

            Section One: Eligibility

A.   Candidates for Officers and Senators of the SBA must be current members of the Student Body of the Law School.

B.   Student Senators must be current members of that academic class or anticipating membership in that class at the first general meeting of the newly elected SBA.  In the event that a member transfers divisions during their term in office or fails to transfer divisions as anticipated prior to the first regular SBA meeting of the new term, they shall automatically resign their office.  Any vacancy created by such a transfer in division shall be filled pursuant to article three, section five of this Constitution.  

C.   Candidates for all SBA appointments must be current members of the Student Body of the Law School.

            Section Two: Election Process

A.   Elected officers of the SBA shall be elected by a plurality of the popular vote of the Student Body of the Law School in accordance with this Constitution, as well as any other rules adopted by the SBA or proscribed by the parliamentary authority adopted by the SBA. 

B.   1L Day Division Senators of the SBA shall be elected by receiving a total number of votes from their respective section that ranks them among the top two (2) vote receivers, with each 1L Day Division Section electing two (2) total senators. In the event that two (2) individuals do not run or do not accept their election to 1L Day Division Senator, those receiving votes and accepting their election shall assume office and the vacant positions shall be declared vacant pursuant to Article 7, Section D of this Constitution. 

C.   1L Evening Division Senators of the SBA shall be elected by receiving a total number of votes from their respective section that ranks them among the top four (4) vote receivers, with the evening section electing four (4) total senators.  In the event that four (4) individuals do not run or do not accept their election to 1L Evening Division Senator, those receiving votes and accepting their election shall assume office and the vacant positions shall be declared vacant pursuant to Article 7, Section D of this Constitution. 

D.   2L and 3L Day Division Senators of the SBA shall be elected by being receiving a total number of votes from their respective division that ranks them among the top eight (8) vote receivers.  In the event that four (4) individuals do not run or do not accept their election to 2L or 3L Day Division Senator, those receiving votes and accepting their election shall assume office and the vacant positions shall be declared vacant pursuant to Article 7, Section D of this Constitution. 

E.   2L, 3L and 4L Evening Division Senators of the SBA shall be elected by being receiving a total number of votes from their respective division that ranks them among the top four (4) vote receivers.  In the event that eight (8) individuals do not run or do not accept their election to 2L, 3L or 4L Evening Division Senator, those receiving votes and accepting their election shall assume office and the vacant positions shall be declared vacant pursuant to Article 7, Section D of this Constitution. 

F.   Elections:

a.   Elections of all Officers and non-first year Senators shall take place in the spring semester on such a date as selected by the Honor Council. 

b.   Elections of all First Year Senators shall be held not later then the second week in October in the fall semester on such a date as selected by the Honor Council. 

G.  Nominations:

a.   All candidates for Officers and Senators of the SBA must be nominated in accordance with this Constitution.  Write in candidates are not permitted.

b.   Students may not seek election to more then one SBA Officer position in any given election.

c.   Students seeking to be elected to an Officer or Senator division of the SBA shall submit a written letter of intent to the SBA at a time and in a manner to be announced by the honor council.  A final list of all nominees shall be provided to the Student Body by whatever means practicable. 

d.   Unopposed candidates who qualify for the ballot for Officer or Senator of the SBA will automatically fill the vacant office.  No election is necessary. 

            Article TEN: STUDENT ORGANIZATIONS AND Committees

            Section 1: Student Organizations

A.   An Organization seeking official recognition from the SBA must first become a Provisional Organization, then a Recognized Organization by following the provisions contained in this section.

B.   Recognized and Provisional Organizations must be run by members of the Student Body for the benefit of the Student Body.

C.   Membership in any Recognized or Provisional Organization shall be open to all members of the Student Body.

D.   Every Recognized and Provisional Organization must have a member of its Executive Board serve as a representative to the SBA.  The privileges and duties of those organization representatives include:

a.   That representative (or an alternate) shall by required to attend meetings of the SBA in which business is conducted that relates to the organization and / or upon the request of the SBA President

b.   Organization representative shall have the right to propose business before the SBA and / or have the same rights as all other SBA members to engage in debate regarding any SBA business.

c.   Organization representatives may also serve on, and act as SBA representatives on, SBA Committees. 

E.   To become a Provisional Organization, an Organization must submit a written proposal to the Executive Board of the SBA no later than one week prior to the next regularly scheduled SBA meeting. The proposal must indicate the Organization’s purpose, goals, and needs.  Additionally the Organization must submit a set of Bylaws under which the organization will operate.

F.   Upon a majority vote of the Senate, the Organization shall become a Provisional Organization.

G.   If the Organization fails to get the requisite majority vote, that Organization may reapply at the next regular meeting of the SBA in accordance with this Constitution. 

H.  During the interim period after becoming a Provisional Organization but before seeking to become a Recognized Organization, a Provisional Organization must demonstrate that:

a.   Law School students have shown a significant interest in the Provisional Organization and its purpose;

b.   Members have undertaken creative activities that promote educational, social, or philanthropic endeavors that contribute to the law school community; and,

c.   Members and non-members attended or participated in Organization-sponsored events.

I.    Provisional Organizations shall be permitted to request money from the SBA Discretionary Account to achieve the above requirements. The amount shall be determined in accordance with the provisions of this Constitution.

J.   All Provisional Organizations must create a report detailing how the requirements of section H were satisfied. This report is to be submitted to the Executive Board no sooner than three months after (but no later than nine months after) the Organization became a Provisional Organization.  The Executive Board will be responsible for submitting this report to each SBA Senator no later than one week prior to the next regularly scheduled meeting.

K.   At the next regularly scheduled meeting, upon a two-thirds majority vote by the Senators present and voting, the Provisional Organization shall become a Recognized Organization.

L.   Recognized and Provisional Organizations seeking funding shall submit to the Executive Board a copy of their current constitution. Organizations are required to submit an updated copy of their constitution promptly following any changes.  Failure to comply with this section may result in sanctions.

M.  Failure to comply with an SBA rule, regulation, or policy may result in sanctions by the SBA.

              Section 2: Finance Committee

A.   The SBA Treasurer shall serve as the ex-officio chairman of the Finance Committee.

B.   A minimum of three (3) and a maximum of five (5) people in addition to the SBA Treasurer shall be appointed as members of the Finance committee by the President of the SBA and approved by Senate at the first general meeting of the newly elected SBA.  

1.       Prior to the first meeting of the SBA, the SBA President may appoint and the Executive Board may approve interim members of the Finance Committees, said members may act with the full capacity of official members, but shall be subject to re-appointment and ratification at the first meeting of the newly elected SBA. 

C.   Committee members shall serve at the will of the SBA. 

D.   The Finance Committee shall determine all rules and procedures for allocation of SBA funding not inconsistent with this Constitution and subject to the approval of the Officers and Senator’s of the SBA.   Additionally, the Finance Committee shall act in any other capacity proscribed by this Constitution or the standing rules of the SBA. 

              Section 3: Honor Council:

A.   In accordance with the Honor Code as made effective in the Fall of 1992, the following procedures are established to determine the student members of the Honor Council:

1.       No later than two weeks after Senate elections, signs advertising the vacancies and responsibilities of the Honor Council shall be prominently displayed. Applications shall be available to all current students at Seton Hall University School of Law.

2.       The Executive Board, by majority vote, with the advice and consent of the Chair of the Honor Council, shall select those students they believe will best serve as representatives on the Honor Council. Selection will be based on the criteria of the Executive Board’s choosing with great deference given to the goals of both the SBA and Code.

3.       If a vacancy occurs with the Honor Council, signs advertising the vacancies and responsibilities of the Honor Council shall be prominently displayed. Applications shall be available to all current students in good standing at Seton Hall University School of Law. The Executive Board, by majority vote, with the advice and consent of the Chair of the Honor Council, shall select those students to fill the vacancies they believe will best serve as representatives of the Honor Council. Selection will be based on the criteria of the Executive Board’s choosing with great deference given to the goals of both the SBA and the Code.

B.   In addition to other duties assigned to the Honor Council by the SBA and the Law School administration and faculty, the Honor Council shall also oversee and coordinate all SBA elections.

             Section 4: Other Committees

A.   Pursuant to Article Five, the President shall appoint students to Student/Faculty Committees.  Said appointments must be approved by a majority vote of Officers and Senators of the SBA at the next regular meeting of the SBA.

B.   Such other committees, standing or special (ad hoc), shall be created by the President of the SBA or the Senate, as they deem appropriate to carry on the work of the SBA.  Ad hoc committees shall consist of a chairman (an SBA senator) and at least one other member of the SBA, appointed by the President of the SBA and approved by majority vote of the Senate.  Membership in Ad hoc committees is open to all students of the Law School.

C.   Prior to the first meeting of the SBA, the SBA President may create and appoint interim members to interim ad-hoc committees, subject to a majority vote of the Executive Board.  Said committees and their members may act with their full official capacity (with the exception of use/allocation of SBA funds), but shall be subject to re-appointment and ratification at the first meeting of the newly elected SBA. 

            Article ELEVen: SBA Finances

A.   The SBA funds shall be kept in a manner provided for by the University, the Law School, and the SBA Treasurer.

B.   The SBA Treasurer shall keep an accurate record of all SBA finances, a copy of which shall be provided to any member of the Student Body upon his or her request. 

C.   Prior to the first meeting of the newly elected SBA, the SBA Treasurer shall create a working budget of all SBA Funds for the upcoming year.  Said budget shall at minimum include speculative budgetary allotments for Student Organization Budget Allocations, Student Organization Special Requests, SBA Events, SBA Operating Costs, and Other Expenses. 

D.   The working budget shall be approved by a majority vote of the Executive Board.

E.   Prior to the first meeting of the SBA, the Executive Board may approve actual monetary allocations that cumulatively do not exceed 10% of the total SBA budget, provided that they do not exceed any budgeted allotments. 

F.   Prior to the first meeting of the SBA, the finance committee may assist the SBA Treasurer in preparing the SBA Budget and individual budgetary allotments, but may not allocate any funds of the SBA. 

G.   At the first SBA meeting of the new term, in addition to confirming the members of the SBA finance committee, the SBA shall also approve, by majority vote, the working budget of the SBA (which once approved shall be referred to as the “SBA budget”).  Once approved, the budgetary allotments may not be exceeded by any allocation without the SBA first voting to amend the SBA budget.

H.   At no time may the SBA operate an unbalanced budget. 

I.    The SBA may allocate the authority to distribute funds pursuant to the budgetary allotments ratified by the SBA to the finance committee.  The finance committee will then retain the power to act in that capacity until, and unless, the SBA removes the Finance Committee’s authority.  By majority vote of either the Senate or the Executive Board any allotment of the Finance Committee may be overruled.  

            Article Twelve: Parliamentary Authority

The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the SBA in all cases to which they are applicable and in which they are not inconsistent with this Constitution and any special rules of order the SBA may adopt

            Article Thirteen: Amendments

This Constitution may be amended at any regular or special meeting of the SBA by a two-thirds vote of the Senate, provided that the amendment has been submitted in writing to the SBA membership within fourteen (14) days of said meeting.  Any member of the Student Body may submit a written amendment of the Constitution to the SBA for review, however, absent the sponsorship by a member of the SBA or student organization, the signatures of 5% of the Student Body are required to put the amendment to a vote.