OPINION: SGA Wrongly Restricts Access to Open Secretary Seat

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This week, the Student Government Association’s (SGA’s) Executive Board announced that only senators who are at least six weeks into their term are eligible to fill the vacant Secretary officer seat which SGA Officer Braelynn Seely vacated after she replaced Katie Hicken this week as Vice President.

But I believe the Executive Board is incorrect. After a review of SGA’s governing documents, rather than limiting officer roles to some senators, I believe every sitting senator is eligible to run for the vacant Secretary seat under the SGA Constitution.

In the following, I will attempt to show from the SGA Constitution how I arrive at my conclusion that vacant officer positions are open to all senators and how there is no limitation to senators with six weeks’ tenure. If my interpretation is the correct one, then SGA is out of order and postpone its election until it can execute them within constitutional bounds.

So let’s look at the text.

THE TEXT

SGA’s Constitution has six articles. Since Article I deals with “Membership and Eligibility” requirements in SGA, it holds the relevant information for our inquiry into senate requirements for officer roles and this article, Article I, will hold the majority of our focus. Here is Article I for reference:

ARTICLE I MEMBERSHIP AND ELIGIBILITY  

1.1 All students enrolled at The University of Texas at Tyler (UT Tyler) as so defined by the Office of the Registrar shall be eligible to participate in the SGA except as noted herein.  

1.2 All members of the student body not on scholastic or disciplinary probation, as so recorded by the Offices of the Registrar and Judicial Affairs, shall be eligible to campaign for and hold elective office within the SGA, with the exception of Executive Officers and Executive Officer candidates, who must also have and maintain a cumulative Grade Point Average of 2.75 or above.  

1.3 In order to file and campaign for an Officer Position, a student must have previously served at least six (6) academic weeks from their swear in date as either a Senator or Officer for the SGA.  

1.4 In order to file and campaign for elected office, a student must be registered as a full-time student, as so defined by the Office of the Registrar.  

1.5 In order to hold an elective office, each student must maintain his or her full-time status unless the office holder is within eleven (11) hours of graduation during the last semester of their current term. Graduate students must maintain their full-time status unless they are within eight (8) hours of graduation during the last semester of their current term. This is a direct exception to Article 1, Section 4 of this Constitution.  

1.6 No member shall be denied full and equal opportunities in the SGA on the basis of race, religion, sex, color, creed, disability, age, sexual orientation, national and/or ethnic origin. 

1.7 The rights and privileges of members of the SGA shall be: a. The right to vote in all SGA elections for which they are eligible; b. The opportunity to participate in all organizations, committees, activities and programs for which they are eligible; and, c. The opportunity to run for and to hold elected positions in the SGA, providing all requirements for that position are met.

It seems to me that Sections 3, 4 and 5 exist to expand on the subjects introduced in Section 2. I say this because the same language in Section 2 shows up in Sections 3, 4 and 5 and because Sections 3, 4 and 5 give more detail about those activities already mentioned previously in Section 2. Consider: (bolded)

1.2 All members of the student body not on scholastic or disciplinary probation, as so recorded by the Offices of the Registrar and Judicial Affairs, shall be eligible to campaign for and hold elective office within the SGA, with the exception of Executive Officers and Executive Officer candidates, who must also have and maintain a cumulative Grade Point Average of 2.75 or above.

1.3 In order to file and campaign for an Officer Position, a student must have previously served at least six (6) academic weeks from their swear in date as either a Senator or Officer for the SGA.

1.4 In order to file and campaign for elected office, a student must be registered as a full-time student, as so defined by the Office of the Registrar.

1.5 In order to hold an elective office, each student must maintain his or her full-time status unless the office holder is within eleven (11) hours of graduation during the last semester of their current term. Graduate students must maintain their full-time status unless they are within eight (8) hours of graduation during the last semester of their current term. This is a direct exception to Article 1, Section 4 of this Constitution.

1.6 No member shall be denied full and equal opportunities in the SGA on the basis of race, religion, sex, color, creed, disability, age, sexual orientation, national and/or ethnic origin.

Moreover, the phrases “to campaign for [elected office]” and to “hold elective office” repeat in Sections 3 through 4 and in Section 5, respectively.

It appears that Sections 3 through 5 are expansions or developments of the subjects previously introduced in Section 2 and that they continue the thought that the authors introduced in Section 2.

I take it that Sections 2 through 5 are one, complete thought that is developed over four constitutional sections.

TWO SEPARATE SUBJECTS

Now Section 2 reads "All members of the student body...shall be eligible to campaign for and hold elective office." (bolded)

1.2 All members of the student body not on scholastic or disciplinary probation, as so recorded by the Offices of the Registrar and Judicial Affairs, shall be eligible to campaign for and hold elective office within the SGA, with the exception of Executive Officers and Executive Officer candidates, who must also have and maintain a cumulative Grade Point Average of 2.75 or above.

Section 2 introduces two subjects: “to campaign for elective office” and “to hold elective office.” There are two, separate subject in Section 2.

SUBJECT ONE: TO CAMPAIGN

The first subject, to campaign for elective office, is addressed in two parts in Sections 3 and 4. Notice both sections begin with the subject "In order to...campaign."

1.3 In order to file and campaign for an Officer Position, a student must have previously served at least six (6) academic weeks from their swear in date as either a Senator or Officer for the SGA. 

1.4 In order to file and campaign for elected office, a student must be registered as a full-time student, as so defined by the Office of the Registrar. 

1.5 In order to hold an elective office, each student must maintain his or her full-time status unless the office holder is within eleven (11) hours of graduation during the last semester of their current term. Graduate students must maintain their full-time status unless they are within eight (8) hours of graduation during the last semester of their current term. This is a direct exception to Article 1, Section 4 of this Constitution. 

Read in Article I’s context, these two sections address a member of the student body who is not on probation (Section 1) and who pursues participation in SGA (Section 1). Campaigning is the first subject the Constitution addresses of the two activities introduced Section 2.

SUBJECT TWO: TO HOLD OFFICE 

The second issue in Section 2, "to hold elective office", is addressed again in Section 4. The reader can tell by the introductory phrase, "in order to hold elective office."

1.3 In order to file and campaign for an Officer Position, a student must have previously served at least six (6) academic weeks from their swear in date as either a Senator or Officer for the SGA. 

1.4 In order to file and campaign for elected office, a student must be registered as a full-time student, as so defined by the Office of the Registrar. 

1.5 In order to hold an elective office, each student must maintain his or her full-time status unless the office holder is within eleven (11) hours of graduation during the last semester of their current term. Graduate students must maintain their full-time status unless they are within eight (8) hours of graduation during the last semester of their current term. This is a direct exception to Article 1, Section 4 of this Constitution.

This is a separate subject than the subject of campaigning because it has a separate section and separate set of instructions that are just its own. These instructions apply to holding office. They do not apply to campaigning. Campaigning is a separate subject than holding office, for certainly one can hold office without having campaigned, and so on.

As the reader may see, there are no restrictions in Section 5 about being eligible for office unless a senator is without six weeks of time in SGA. This is a rule for campaigning.

Therefore, Article I should be read as this: general rules for a regular, normal election in the Fall or the Spring during which students who seek to participation in student government campaign to hold elected office in SGA. The rules in Article I are not for all elections at all times, as the SGA bylaws even state that there are Special Elections for which some normal rules are suspended. (Article XIV, Section B.1)

The rule for six weeks’ experience is germane “in order to campaign”, not “in order to hold elected office” as the text says.

EXECUTIVE BOARD IN ERROR 

The Executive Board's mistaken interpretation wrongly blends prohibitions against campaigning with standards about holding office and unconstitutionally bans rightful members, even elected student representatives, from holding office in students’ official forum of opinion. The question for the Executive Board, and for all servants of the Constitution, is not "What do we think the standard should be?" but "What does the text say?"

Any senator should be able to be nominated to fill an officer seat in an internal election. SGA’s Executive Board should halt its current election, re-open nominations and start over under constitutional rules.

Twitter: @jhescock