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THis is the PROPOSED AMENDMENT TO THE UNC SCHOOL OF LAW CONSTITUTION. 

_______________________________________________________________________

SPRING 2021: DRAFT AMENDMENT TO ARTICLE IV AND ARTICLE VI OF THE UNC SCHOOL OF LAW CONSTITUTION

Constitution Amendment Summary:

A Statement from the Student Bar Association

               2020 has been a momentous year for progress in racial equity in our world, our state, and our UNC Law community. The horrific killings of Asian Americans in recent weeks call for renewed considerations of our culture and our institutions. The brutalization of black people at the hands of American law enforcement have inspired protests and change across the country. It is undeniable that this change cannot happen at higher levels alone if we are to make significant strides toward racial equity, and the UNC School of Law is no different. 

               To that end, the UNC Student Bar Association is announcing a constitutional amendment for the creation of permanent, voting seats elected by student organizations representing historically underrepresented student populations. This amendment will initially include seats for AALSA, BLSA, HLSA, and Lambda Law, but our work towards a more equitable community at UNC Law can’t stop there. There will be another mechanism to add another seat for other qualifying student groups. These seats are aimed at creating representation on the Board of Governors for students of color and student members of the LGBTQ+ community who have previously gone unheard, and any student group believing it meets the criteria for such seats may apply for a permanent, voting seat. 

               The Student Bar Association began working on the amendment at the beginning of this semester, and the members are happy with the progress we’ve made and the potential it has to advance equity in our law school. However, we also understand that we still have work to do as individuals and institutions. This is only a first step toward achieving a more equitable community for law students at UNC. 

UNC Student Bar Association


Constitutional Amendment Edits
Add the following language:
  • Article IV Section 2(a)(v)(ii)

    • Historically Underrepresented Student Organization listed under Article XVIII Section 1.1 of the SBA code of By-Laws shall  hold a seat on the SBA Board of Governors. 

  • Article VI Section 3(a)

    • Section 3(a) Historically Underrepresented Student Organization Nomination     
    • Each Historically Underrepresented Student Organization listed under Article XVIII Section 1.1 of the SBA code of By-Laws shall nominate one person to hold their respective seat in SBA as described under Article IV Section 2(a)iii. The Historically Underrepresented Student Organization may only nominate one person and that nomination shall occur in the Fall concurrent with 1L class elections. 

  

Current Constitution Language


Article IV: Board of Governors

 

Section 1. The governing body of the SBA shall be the Board of Governors, which shall possess all powers that may be exercised by this association; provided that, during the months of May, June, July and August, the Executive Committee may jointly, or severally, exercise such administrative powers as are proper to carry out their duties and the affairs of the SBA.

 

Section 2.

(a)  The Board of Governors shall be composed of:

     (i)   The President, Vice President, Treasurer and Secretary of the SBA, such officers to constitute the Executive Committee of the Board of Governors.

(ii)  Two elected representatives from each class.

(iii)  The President of each class, as elected by each respective class.

(iv)  A representative from the LLM class.

                          (v) A Deputy Treasurer.

                          (vi)  A Parliamentarian.

(b)  The quorum of this body shall be made up of two-thirds of the members of the Board of Governors. Decisions of the Board are to be by majority vote of the members present, unless otherwise noted by the SBA Constitution or SBA Bylaws.


(c)    The Deputy Treasurer and Parliamentarian are appointed, and shall not have voting powers.

(d) Meetings of the Board shall be held at least two times a month

(e)   All meetings of the Board of Governors shall be open to attendance by members of the SBA and adequate notice of all meetings shall be given by the Secretary.

Section 3. The Board of Governors may establish ad hoc committees and subsidiary bodies not specifically provided for in this instrument which it deems to be necessary for the property operation of the SBA.

Section 4. By-Laws may be appended to this constitution by the Board of Governors to provide a reasonable framework within which the powers granted by this instrument may be exercised.   Such by-laws may supplement any provision of this instrument to the extent that they are not inconsistent with the plain intent and language thereof.

Article VI: Elections

 

Section 1. General Provisions. Elections to fill all offices provided herein shall be held annually in accordance with the by-laws. All voting shall be by secret ballot.

Section 2. First Year Class Elections. Elections for officers of the first year class shall be held in the fall.

Section 3. General Elections. Elections for all other offices shall be held in the spring.

Section 4. Where any member (or members) of the SBA Board of Governors, not including the SBA President, shall fail to serve, or for any reason ceases to serve in the office for which such officer shall have been elected prior to the completion of the term of office and before the end of the second week of the fall semester, a special election shall be held in conjunction with the First Year Elections as governed by the By-Laws, in order to fill the office (or offices). Where a Special Election shall be deemed impracticable, such election may be postponed by a two-thirds (2/3) vote by the SBA Board of Governors. Where a Special Election shall occur within 5 weeks of the General Election, such election may be dissolved by a two-thirds (2/3) vote by the SBA Board of Governors.

Section 5. Recall Elections

 

(a)  A recall election for removal for any member of the Board of Governors Executive Committee may be ordered by a petition signed by twenty percent of the SBA members; removal from office shall be affirmed by two-thirds majority of those members voting in an ensuing election

(b) A recall election for removal of any class officer may be ordered by a petition signed by twenty percent of the members of such officer’s class; removal from office shall be affirmed by a two-thirds majority of those members voting as an ensuing election.

(c)  Notice of an upcoming recall election shall be posted no more than three school days following the submission of a petition meeting all of the above requirements. The recall election shall occur on a Tuesday, no less than five school days following posted notice of the election and no more than ten school days following posted notice of the election.


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