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 Bylaws


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POWERS OF A.S. COUNCIL (Revised 05/13/98, 11/18/98)

Section Content
41 The A.S. Council shall be empowered to determine goals, policies and governing practices of the Association.
42

Governance Authority

The A.S. Council shall be composed of the following:
  1. The A.S. Council shall be empowered to employ and discharge the A.S. Executive Director consistent with University and A.S. employment policies and procedures. The Executive Committee shall prepare the annual evaluation of the Executive Director in accordance with established policies and recommend the final evaluation to A.S. Council for approval.
  2. The presiding officer of the A.S. Council shall be provided with a written list of all proposed nominees and appointees of student at large members to positions, boards or committees by the Executive Vice President for ratification by Council.
  3. At the end of the spring semester, A.S. Council shall elect a President Pro Tempore from among its members to serve a term of one year. The President Pro Tempore shall serve as one of the eight (8) voting Council representatives of the Executive Committee, and shall succeed to the office of A.S. President only in the event of the vacancy of all Executive Officer positions. (Revised 05/13/98)
43

Executive Orders

The A.S. Council shall have the power to pass Executive Orders upon a majority vote of its membership. Executive Orders are legislative measures, which are binding for no longer than the academic year during which they are established. Unless otherwise stipulated, they shall go into effect immediately. At the end of the academic year, the Council shall recommend to the newly elected Council such Executive Orders, as it may deem important for renewal.
44

Policy Codes

The A.S. Council may adopt codes that carry out the intent of these Bylaws with specific rules, policies, procedures and position descriptions.
45

Executive Director Reports

The A.S. Executive Director shall report to the A.S. Council or Executive Committee on the status of any or all of the activities of the Association at the beginning of each semester, and at any other time deemed necessary by action of the A.S. Council.
46

Surety Bonding

All individuals having custody of Association funds as a function of their position shall be bonded, the cost for which shall be paid for by the Association.
47

Fee Refunds

The A.S. Council shall, for due cause, authorize refunds on all A.S. students fees, in conformance with University Policy.
48

Fiduciary Accounts

The A.S. Council shall be empowered to establish appropriate student fiduciary accounts on the recommendation of the Finance Board or the President of San Diego State University. Such funds shall be used only for those purposes stipulated in the respective acts establishing them. Upon termination of the trust or reserve fund, the monies shall revert to the A.S. General Reserve.
49

Removal of Voting Members (Revised 4/26/00)

The A.S. Council shall have the authority to remove a voting member for cause provided that:
  1. the cause is specified in these Bylaws and was in effect at the beginning of the voting member's term of office.
  2. the cause is related to qualifications of the voting member to continue in office such as the breach of duties and responsibilities provided for in these Bylaws, the breach of any fiduciary duty, eligibility requirement, or failure to comply with the "Director Agreement and Policy Concerning Confidentiality, Access to Proprietary Information, Liability of Directors, Eligibility to Serve and Required Duties and Responsibilities, and Conflict of Interest."
  3. the action is done in good faith and in a fair and reasonable manner and conducted in accordance with the following procedures:
    1. All allegations against a voting member of A.S. Council of complaints or violations of ethics, misconduct or failure to comply with the requirements of the bylaws shall be presented via written declaration to the President Pro Tempore, or the Executive Vice President if the President Pro Tempore is the Council member in question, and reviewed by the Rules Committee at a special hearing duly called for that purpose.
    2. The accused voting member shall receive written notice of the special hearing at least seven (7) days prior to the date set for the hearing. The notice of the hearing shall include a copy of the written declaration outlining the allegations against the voting member.
    3. The special hearing of the Rules Committee shall be conducted in open session.
    4. The findings and any recommendations of the Rules Committee shall be presented in writing to the A.S. Council, via the Executive Committee, for approval, with a copy to the accused member.
    5. The A.S. Council may remove a member as provided for in these bylaws only upon the approval of two-thirds of the members present and voting for the action at a regular or special meeting, and provided that the accused member has been provided a minimum of fifteen (15) days prior written notice of the removal and the reasons for the removal.
    6. The accused member shall have the opportunity to be heard before a regular or special meeting of the A.S. Council, orally or in writing, not less than five (5) days before the effective date of the removal, as to why the removal should not take place.

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