ARTICLE I

Section I.

The name of this organization shall be the "Associated Students of Western New Mexico University." Hereafter termed the "Associated Students."

Section II.

All persons who are enrolled part or full-time shall be members and will have full rights and responsibilities as the constitution outlines.

Section III.

All powers, duties, and responsibilities of the Associated Students shall be delegated among three branches: executive, legislative and judicial.

Section IV.

In the event a question arises concerning parliamentary procedure that is not defined in this Constitution the following documents will prevail:

A. The ASWNMU Senate Guideline Manual

B. Robert's Rules of Order

ARTICLE II

Section I.

Executive Council

A. Executive Council shall be comprised of the following:

1. President

2. Vice President

3. Secretary

4. Treasurer

5. Attorney General

6. Governmental Affairs Director

Section II.

The duties of the various officers of the executive council shall be as follows:

A. The President shall:

1. Serve as the head of Executive Branch

2. Call special meetings of the Associated Students and preside over them.

3. Appoint students to certain committees of the university with the approval of the Senate.

4. Recommend various legislation to the Senate for their approval.

5. Have the right to veto overall Senate rulings within one (1) academic week of passage.

(a) In the event of a veto, the Senate may override the veto with a two-thirds (2/3) vote within one academic week.

6. Submit an oral and/or written report to the Board of Regents at every meeting during the Fall and Spring semester. This report is to include all transactions; past, present and future plans; bills; activities; and other information which will provide good, clear communication links between the Associated Students and the Board of Regents.

7. Appropriate action to Student Government items of information based on decisions reached at regular meetings at Board of Regents.

B. The Vice President shall:

1. Serve as head of Legislative Branch.

2. Serve as President of and preside over all Senate meetings

3. Have the duty to vote in the event of a tie vote within the Senate.

4. Assume the duties of the President in his absence.

5. Act as coordinator between Executive Council and the Senate.

6. Maintain an operations guideline for the Legislative Branch.

C. The Secretary shall:

1. Keep and maintain minutes of the Executive Council meetings and make such minutes available for publication.

2. Serve as official correspondent for Associated Students and the Executive Council.

3. Post all minutes on the Official Council Board and in such places as recommended by the Executive Council and deposit one copy at the Office of Student Affairs following each meeting.

4. Be responsible for the maintenance of all files of the various committees.

D. The Treasurer Shall:

1. Present a financial report at Student Senate meetings.

2. Require that each source requesting monies for allocation present an itemized budget in accordance with a standardized accounting form approved by the Executive Council.

3. Perform other duties for Associated Students at the direction of the President.

E. A Student Attorney General
shall be appointed by the President and approved by two-thirds vote (2/3) of the Student Senate.

1. The Student Attorney General deciding interpreter of the constitution and shall give advice or written opinion to any member of Associated Students of Western New Mexico University on Associated Students of Western New Mexico University policy.

2. All passed legislation must have been reviewed by the Attorney General to determine that it complies with Associated Students of Western New Mexico University law and the Associated Students of Western New Mexico University Constitution.

3. The Student Attorney General shall represent the Associated Students of Western New Mexico University Government in any case in which it is involved.

4. In any case in which Associated Students of Western New Mexico University Government is the plaintiff, the Student Attorney General shall prepare the case for presentation to the Supreme Court.

5. In the event a question arises concerning parliamentary procedure that is not defined in this constitution, Robert's Rules of Order or the decision of the Attorney General shall prevail.

F. Governmental Affairs Director

1. Be appointed by the President and approved with a two-thirds majority vote of the Student Senate.

2. Serve as the official correspondent of any and all governmental affairs for the Associated Students.

3. Arrange and plan all trips and meetings with representatives of the state and other governing bodies for the associated students.

4. Represent student interests at all official settings of deemed importance for the Associated Students.

5. Be available for advice, current political updates, presentations, and activity planning for the Associated Students at all times.

6. Be responsible for the lobbying budget and submit all transactions to the Senate and President for approval.

7. Submit written and oral reports to the Senate regarding transactions, plans, bills, and activities of governmental importance to the Associated Students.

Section III.

Student Regent

A. The Student Regent cannot be an elected or appointed official of the Associated Students. If the Student Regent is an elected or appointed official at the time he/she is appointed to the position of Student Regent then he/she must resign from the position that is held within the Associated Students.

B. The Student Regent will hold an ex-officio position within the Executive Council of the Associated Students, but is not deemed to be an officer or other official of the Associated Students for any purpose under the Constitution.

1. Is requested to submit an oral and/or written report to the Student Senate once a month.

ARTICLE III

Section I.

All Legislative Powers of the Associated Students shall be vested in the "Associated Student Senate", hereafter termed the "Senate."

Section II.

The Senate shall be comprised of:

A. The Senate shall be comprised of fourteen (14) student members with no regards to their class in the University.

Section III.

The Senate shall:

A. Have Legislative prerogative.

B. Establish its own procedures for conducting Senate business.

C. Approve by two-thirds (2/3) vote any appointment by the President.

D. Prepare and act upon legislation.

E. Allocate the minutes of the Associated Students.

F. Meet at least twice monthly during the academic year.

G. In the Associated Student Senate, any abstaining vote will not count in the tally concerning said vote.

H. Elect its own President Pro Tempore of the Senate and Floor Leader of the Senate.

ARTICLE IV

THE JUDICIARY

Section I.

The Judicial Power of the Associated Students shall be vested in one Student Supreme Court of 5 Students hereafter termed "Supreme Court" and in such inferior courts as the Student Senate may from time to time establish. The Judicial Power shall extend to all cases in law and equity, arising under this constitution, statutory enactments, legislative resolutions or executive orders of the Associated Students of Western New Mexico University.

A. Members of the Supreme Court and any inferior courts are appointed by the President and approved by two-thirds vote (2/3) of the Student Senate.

B. The term for office members of the Supreme Court will be for one full academic year, from the date of appointment. Members of the Supreme Court who graduate will surrender their office to allow for a new appointment.

Section II.

The Supreme Court shall have original jurisdiction in all cases and controversies concerning the interpretation of this constitution.

A. The Supreme Court shall have the power to review all decisions made by such inferior courts as the Student Senate may from time to time establish.

B. The Supreme Court shall have the power to establish its own procedures and establish an official reference source. Such procedures and source shall be made known to the Executive and Legislative Branches, and to other departments of the Judicial branch for reference.

C. The actions and decisions of the Supreme Court shall be subject to the channels of appeal of Western New Mexico University.

Section III.

A Supreme Court Clerk shall be appointed by the Supreme Court at its first regular meeting. The court Clerk shall keep Court records and attend all court meetings.

Section IV.

A Supreme Court Chief Justice shall be appointed by the President of the Associated Students and approved by a two-thirds majority vote of the Senate. The Supreme Court Chief Justice shall:

A. Maintain the operations reference manual of the Supreme Court to be stored in Student Government Offices.

B. Ensure that the Supreme Court meets at least twice a year in the Fall and Spring semesters with the first meeting occurring within two weeks of all Fall positions being filled and report to the President on their progress.

C. Aide the Attorney General in ensuring all club constitutions are in accordance with University policy, and ASWNMU policy.

D. Maintain and be responsible for all legal references including national, state, county, and city laws.

E. Ensure the Supreme Court Clerk attends all meetings and that the documented minutes are readily available in the offices of Student Government.

F. Work with the Attorney General and the Governmental Affairs Director in obtaining any and all reference manuals such as the Blue Book of the state of New Mexico, Open Meetings Act volumes from the State Attorney General's Office, Legislative Description guides from the State Capitol and others of deemed importance for the reference library of the Associated Students.

ARTICLE V.

ELECTION, QUALIFICATIONS, TERMS OF OFFICE, AND SCHOLARSHIPS

Section I.

The Election Authority shall supervise all Campus Associated Student Elections. The Election authority will consist of five (5) student members who are not seeking an elected position within the Associated Students. A member of the Executive Council, Senate, Supreme Court, and a minimum of two (2) at large students are required to sit as members of the Election Authority.

A. The Associated student's President, Vice President, Secretary, and Treasurer shall be elected annually by an all-campus election of the Associated Students no later than the third week of April.

B.  The Associated student’s Senate shall be elected annually based upon what academic department they represent according to their major or minor. Every academic department needs to have at least one student Senator elected by the students of that department.

C. The Associated Student President, Vice President, and other executive officers and Senators will be sworn in at the last meeting of the Senate of the Spring semester.

Section II.

All Executive appointments shall be presented to the Senate for two-thirds (2/3) vote of approval.

Section III.

The terms of office for the Associated Student officers shall be:

A. One full academic year for President, Vice President and other executive officers.

B. From their oath of office until the conclusion of the Spring semester for Senators.

Section IV.

All elected or appointed officers must maintain a cumulative G.P.A of 2.25 with the Western New Mexico University and shall hold no more than one office within the Associated Students concurrently.

Section V.

A. All Executive Council members shall receive scholarships. The scholarships shall be fixed at $1600.00. The scholarships shall be conditional upon each member of the Executive Council (additional requirements for the President, see Article V, Section V, Parts D, E, and F) working (10) ten recorded hours per week in the Student Government office, in the performance of their duties. No other obligations shall interfere with these duties.

B. The Student Senate shall have the power to review the recorded Hours, and may pro-rate any scholarship, salary, or stipend.

C. The Attorney General shall have the power to review the recorded hours, and may recommend to the Senate to pro-rate any scholarship, salary, or stipend.

D. The President shall work a minimum of fifteen (15) hours a week in the Student Government office and a minimum of five (5) additional hours in the performance of his/her presidential duties.

E. The President will be required to work a minimum of 10 hours a week in the Student Government office during Summer Sessions I & II.

F. The salary of the President shall be approved by two-thirds (2/3) of the Senate and shall not exceed the established minimum wage for the state of New Mexico.

ARTICLE VI

VACANCIES

Section I.

If the Office of President should become vacant, the Vice President shall serve as President for the remainder of the unexpired term.

Section II.

If the Office of Vice President should become vacant, the President Pro Tempore of the Senate shall serve as Vice President for the remainder of the unexpired term. The Floor Leader of the Senate shall then serve as the Pro-Tempore of the Senate.

Section III.

If the Offices of President and Vice President should become vacant at the same time, the President Pro-Tempore shall become President and the Floor Leader of the Senate shall become Vice President for the remainder of the unexpired term.

Section IV.

In the event that all the offices should become vacant at the same time, the Senate shall, from among its members, elect persons to fill these offices for the remainder of the unexpired term.

Section V.

Vacancies in the Senate shall be filled by appointment from the President with two-thirds approval from the Senate. These appointments must occur two (2) academic weeks after vacancy, unless vacancies occur within two (2) academic weeks of the forthcoming, regular elections.

ARTICLE VII

RECALL

Section I.

Recall shall herein be defined as the legal removal of an officer upon the vote of the Associated Students.

Section II.

Recall of the Associated Student President, Vice President, and/or other executive officers may be requested by any member of the Associated Students by letter presented to the Attorney General.

A. The Judiciary Board shall evaluate recall requests and determine the validity of such.

B. If deemed valid, a public hearing of the recall requests will be held within two (2) academic weeks of the Judiciary Board’s validation of the recall request.

C. Within two academic weeks of the public hearing a two-thirds (2/3) vote by the Senate in favor of recall shall constitute recall.

Section III.

Recall of Senators may be requested by any member of the Associated Students. A letter must be presented to the Attorney General.

A. The Judiciary Board shall evaluate recall requests and determine the validity of such.

B. If deemed valid, a public hearing of the recall requests will be held within two (2) academic weeks of the Judiciary Board’s validation of the recall request.

 C. Within two academic weeks of the public hearing a two-thirds (2/3) vote by the Senate in favor of recall shall constitute recall.

Section IV.

The Judiciary Board shall:

A. Be composed of the President, Attorney General, Chief Justice of the Supreme Court, and a Senate representative.

B. Excuse any member of the Board involved in a recall request from participation in recall determinations, and replace with a Supreme Court Justice selected at random by the remaining Judiciary Board members.

C. Meet in a public hearing within two (2) academic weeks after determination of recall request validity.

D. Make public recommendations following a public hearing on its opinion of recall requests.

Section V.

The name and signature of the person or persons requesting recall shall be stated in the recall request letter.

ARTICLE VIII

 IMPEACHMENT

Section I.

The public hearing must be a meeting that is separate and exclusive for the presentation of the impeachment case, in order for the impeachment process to take place. In the means of the public hearing the case must be presented from both parties before the voting takes place.

Section II.

Within three academic weeks post hearing the Senate may, on a vote of two thirds (2/3) of total membership, expel from office any official of the Associated Students, elected or appointed, by means of public hearing.

 Section III.

Any expelled official of the associated Students may petition the Supreme Court for re-reinstatement or any other action deemed necessary.

ARTICLE IX

AMENDMENTS

Section I.

Amendment shall herein be defined as a legal revision, change or addition to this Constitution. Any member of the Associated Students may propose an amendment.

Section II.

Amendments to this Constitution shall be presented to the Senate in the form of a resolution. Approval shall require:

A. Two-thirds (2/3) approval by vote of the Senate

B. Two-thirds (2/3) approval by vote of the Associated Students.

C. Processing through regular channels of the University beginning with the Office of Student Affairs; recommendation by President of the University; and final approval by the Board of Regents.

Section III.

All proposed amendments shall be published in the student newspapers and posted in all appropriate areas of the University prior to vote by the Associated Students.

Section IV.

Any proposal to amend this Constitution shall be reviewed by the Attorney General for legal sufficiency upon introduction to the Senate.

ARTICLE X

RATIFICATION

Section I.

This Constitution shall become effective on July 1, 1982, upon final approval of the University by the Board of Regents of Western New Mexico University.

Section II.

The existent Student government shall remain in effect until such time as the new Constitution is enacted.

A. This Constitution was ratified and approved by the Board of Regents on May 4, 2007

B. This Constitution was ratified and approved by the Board of Regents on May 15, 2008