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Section 1. The Right to Appeal

Section 1. The power to remove an Elected/Appointed Official

The Executive, Judicial, and Legislative Branches each have the right to remove a member from service in the Texas A&M University-Victoria Student Government Association if they are not meeting the duties and responsibilities of their offices or have committed a nonfeasance or malfeasance act. Each Branch shall follow the removal procedures outlined in this article. In order for a call to dismissal to be passed the elected or appointed official must have three written documentation of where they have failed in their responsibilities of office or they must have committed a nonfeasance or malfeasance act that calls for immediate start of removal procedures.

Section 2. Removal Procedure if started by the Executive Branch

  1. If the Executive Branch of SGA wishes to remove a member from service they must first vote among the Executive Branch Members. The vote to remove any member should be called when a majority of the Executive Branch Members vote to either remove the member from office or allow the member to stay in office.
  2. If there is a majority rule to remove the member from office it is the responsibility of the Speaker of the Senate to notify all active Senators in the next Senate meeting. The Speaker of the Senate may call a special meeting to notify all active senators.
  3. Once the Senate is notified of the decision made by the Executive Branch it is the responsibility of the Senate to confirm the Executive Branch’s decision or veto it by a two thirds (⅔) vote.
  4. If the Senate confirms the Executive Branch’s decision it’s the Speaker of the Senate responsibility to immediately notify the Chief Justice and President. If the decision is vetoed by the Senate the Speaker of the Senate must immediately notify the President.
  5. Once the Chief Justice is notified of the Senate’s decision they have forty-eight (48) hours to inform the removee of the decision made by the Executive and Legislative Branch. The Chief Justice must also inform the removee on their Right to Appeal.
  6. If the Senate comes to a tie in three rounds of voting or cannot meet the two-thirds (⅔) vote come to a decision the Speaker of the Senate must notify the Chief Justice immediately. The Chief Justice is responsible for communicating the tie and the reasoning for it by the Senate to the Judicial Branch who must then take a vote to break the tie. The Chief Justice must notify the President immediately after the vote regardless of whether the Judicial Branch decides to confirm the Executive Branch’s decision or veto it.
  7. Any Officer who wishes to resign must signify such in writing to the President and Chief Justice, specifying the date the resignation will become effective.
  8. The sitting President or Chief Justice will have the responsibility for issuing a warning in a report form of listed undesired actions or behaviors from the elected member. In the event that the member continues such actions, they will be put on a probationary period lasting 30 days. If the undesired conditions continue it is the responsibility of the executive board to call for a vote of dismissal in which the executive branch must follow the removal procedures outlined in Article V of the constitution. In the absence of a Chief Justice, the President shall assume these responsibilities. In the instance of the removal of the Chief Justice, the President shall assume all removal responsibilities and procedures outlined in Article V of the Constitution.
  9. Should the President of the Student Government Association be removed from or resign from their position, the Vice President shall automatically assume the presidency. Should the Vice President resign from their position the Executive Board can vote another Executive board member to fill vacated position with a two-thirds majority vote. Should any other Officer be removed or resign from their position prior to the fulfillment of their term, all Student Government Association branches will be notified that the position has been vacated immediately, and the Student Government Association shall open applications to fill the vacated position.
  10. If an Executive Board member is removed, they cannot apply for any Executive Board position during the same administration.

Section 3. Removal Procedure if started by the Legislative Branch

  1. If the Legislative Branch of SGA wishes to remove a member from service they must first vote among the Legislative Branch Members. The vote to remove any member should be called when a two thirds (⅔) majority of the Legislative Branch Members vote to either remove the member from office or allow the member to stay in office.
  2. If there is a majority rule to remove the member from office it is the responsibility of the Speaker of the Senate to notify the SGA Executive Branch at the next Executive Branch Meeting.
  3. Once the Executive Branch is notified of the decision made by the Senate it is the responsibility of the Executive Branch to confirm the Senate’s decision or veto it by a two thirds vote.
  4. If the Executive Branch confirms the Senate’s decision it’s the Speaker of the Senate responsibility to immediately notify the Senate. If the decision is vetoed by the Executive Branch the Speaker of the Senate must immediately notify the Senate and offer the Executive Branch’s reasoning.
  5. Once the Senate is notified of the Executive Branch’s decision it is the responsibility of the Chief Justice to inform the removee of the decision made by the Executive and Legislative Branch within the following forty-eight (48) hours. The Chief Justice must also inform the removee on their Right to Appeal.
  6. If the Executive Branch comes to a tie in three rounds of voting or cannot meet the two-thirds (⅔) vote and cannot come to a decision the Chief Justice is responsible for communicating the tie and the reasoning for it to the Judicial Branch who must then take
    a vote to break the tie. The Chief Justice must notify the President immediately after the vote regardless of whether the Judicial Branch decides to confirm the Legislative Branch’s decision or veto it.
  7. Any Senator who wishes to resign must signify such in a formal letter of resignation to the Chief Justice, specifying the date the resignation will become effective.
  8. The Legislative Branch shall adhere to the Removal Procedures outlined in the SGA Constitution located in article V.
  9. Any Senator who resigned from their position prior to the fulfillment of their term shall be replaced by means of appointment through the process of an application, opened specifically for the purpose of appointing a replacement(s) for vacant position(s) for the duration of the term.
  10. If any Student Government Association Senator fails to attend two (2) consecutive meetings or three (3) total meetings for the elected year, that Senator may be removed by following the Removal Procedures outlined in the SGA Constitution located in article V.

Section 4. Removal Procedure if started by the Judicial Branch

  1. If the Judicial Branch of SGA wishes to remove a member from service they must first vote among the Judicial Branch Members. The vote to remove any member should be called when a majority of the Judicial Branch Members vote to either remove the member from office or allow the member to stay in office.
  2. If there is a majority rule to remove the member from office it is the responsibility of the Chief Justice to notify all Executive Board members in the next Executive Board meeting.
  3. Once the Executive Board is notified of the decision made by the Judicial Branch it is the responsibility of the Executive Board to confirm the Judicial Branch’s decision or veto it by a two thirds (⅔) vote.
  4. If the Executive Board confirms the Judicial Branch’s decision it’s the Chief Justice responsibility to immediately notify the Judicial Branch. If the decision is vetoed by the Executive Board the Chief Justice must immediately notify the Judicial Branch the Executive Board’s reasonings for vetoing.
  5. Once the Chief Justice is notified of the Executive Board’s decision they have forty-eight (48) hours to inform the removee of the decision made by the Executive and Judicial Branch. The Chief Justice must also inform the removee on their Right to Appeal.
  6. If the Executive Board comes to a tie in three rounds of voting or cannot meet the two-thirds (⅔) vote the Speaker of the Senate must immediately notify the Senate. The Speaker of the Senate is responsible for communicating the tie and the reasoning for it to
    the Senate who must then take a vote to break the tie. The Speaker of the Senate must notify the President immediately after the vote regardless of whether the Legislative Branch decides to confirm the Judicial Branch's decision or veto it.
  7. Any Justice who wishes to resign must signify such in writing to the Chief Justice, specifying the date the resignation will become effective.
  8. The sitting Chief Justice will have the responsibility for issuing a warning or initiating a removal from position in a report form of listed undesired actions or behaviors from the elected or appointed member.
  9. Any Justice may be removed from their position for nonfeasance or malfeasance by a two-thirds (2/3) vote by the entire Student Government Association.
  10. Any Justice who is removed from or resigns from their position prior to the fulfillment of their term shall be replaced by means of appointment through the process of an application, opened specifically for the purpose of appointing a replacement(s) for vacant position(s) for the duration of the term.

Section 5. Removal Procedure Documentation

It is in the best interest of the Texas A&M University - Victoria Student Government Association that accurate, detailed, and formal documentation occur when performing the Removal Procedures regardless of which branch of SGA started the removal. It is the responsibility of the SGA branch that started the removal to create a folder of the details involved in every vote, confirmation, and in certain cases ties, and vetoes. This folder shall be kept in the Student Government Associations’ office in the case the Removee would like to exercise their right to appeal.