Additional Comment Sought on Further Notice and Proposed Changes

Public comment for these two changes (the first is a modification from what was originally proposed here, the second is a new proposal following public comment submitted by our ABA Representative.

In regards to Article 8, the SBA Board has what I consider a good problem.  Namely, a majority of the SBA Board is actively involved in student club leadership positions and other student organizations.  However, that has also caused confusion with the team on when Article 8 of our Bylaws applies to them, and when it does not.  Some of the Board believes that being a dues paying member is sufficient to be conflicted.  Personally my experience with some clubs is that it is a very low threshold to become a member (some clubs do not even collect dues to become a member).  I think if someone is on the board of a student club, that would be sufficient for Article 8 to apply.

Therefore, we are seeking comment on the revisions below to address these questions as a team when it arises.  Namely, we’ve proposed a process (bolded below) where any one SBA Board member can ask for a ruling of the Board, on the record, to clarify their status (conflicted or not conflicted).

As for the ABA Vice Chair position, our ABA Representative and myself have found that the American Bar Association (ABA) Law Student Division schedule for applications for leadership positions no longer aligns with our current ABA Representative process.  When we went to the Boston conference in August, we found that various decision making positions were secured by other law schools before I was elected SBA President.  When inquiring with other schools on how they essentially got a head start on us, we’ve learned that a number of schools have switched to two year terms for ABA Representation in a type of junior/senior approach.  Namely that means someone begins integrating with the ABA Law Student Division process close to a year before the ABA Conference and then passes the torch onto a follow on successor.

The approach outlined below is geared towards making McGeorge more competitive in the ABA Law Student Division process and will take about a year to phase in.  If we approve the changes outlined below in January, the SBA Board will work to quickly nominate a Vice Chair from the 2D, 2E, or 3E class who will be the upcoming summer ABA Representative.  This will follow the vacancy process in our Election Code and Bylaws.  That person will then serve out a full year term ending in Spring 2016.  The next Vice Chair will be elected during the 2015 Fall elections (again only from the 2D, 2E, and 3E class) at the same time the 1L class vote in their SBA Representative.  This will begin the staggered two year approach and place McGeorge in a position to gather more decision making authority within the Law Student Division.

If you have questions on either of these, please do not hesitate to shoot me or anyone on my team an email and inquire.  Again I stress that these are proposals and no final enactment decisions will happen until we return in January.

-SBA President, Ernesto Falcon

Proposals

ARTICLE 8 – CONFLICTS OF INTEREST

Section 8.01 Disqualifying Financial Interest. A Board Member must disqualify herself or himself from making, participating in the making of, or attempting to influence any decisions of SBA or an SBA committee if it is reasonably foreseeable that the decision is one in which the Board Member has a material financial interest.

Section 8.02 Disqualifying Non-Financial Interest. Any Board Member must disqualify herself or himself when a personal non-financial interest exists which will prevent the Board Member from applying disinterested skill and undivided loyalty to SBA in making or participating in the making of decisions.

Section 8.03 Procedure of Disqualification. A Board Member required to disqualify himself or herself shall (i) immediately disclose the interest, (ii) withdraw from any participation in the matter, (iii) refrain from attempting to influence any other Board Member, and (ivii) refrain from voting or making motions. The Board Member may be counted in determining whether a quorum is present.

Section 8.04 Application of Article 8.  Any Board Member who is uncertain as to whether Article 8 of these Bylaws applies to them must request a review and vote by the SBA Board.  The SBA Board will determine whether Article 8 applies to the Board member in question by a simple majority vote.  Board members seeking review may not vote on their own requests for clarification.

 

ABA Vice Chair

Section 5.07 American Bar Association Representative Vice Chair. The ABA Vice Chair shall seek out opportunities to represent McGeorge at a national level within the American Bar Association Law Student Division and serve as the McGeorge ABA Representative during the second academic year of their term.  The Vice Chair and ABA Representative shall be considered Representative positions but are not voting members of the SBA Board.  The Vice Chair’s duties consist of:

a) Actively seeking out and applying for vacant positions within the Law Student Division circuit that has jurisdiction over McGeorge School of Law.

b) Currently registered as a Second Year Day, Second Year Evening, or Third Year Evening student at McGeorge School of Law.

c) Eligible to serve for two academic years with the first academic year supporting the current ABA Representative and the second year as the ABA Representative.

d) Meet the eligibility requirements of ABA Representation which includes:

i. Good standing at their ABA‐approved law school and not on academic probation or suspension.

ii.  Must be a law student during the academic year in which they serve as ABA Representative.

iii.  Must be an ABA Law Student Division member in good standing with dues paid in full.

The following would also need to be amended in Article 3 of the bylaws

Section 3.06 Annual Elections. There will be two (2) annual elections each academic year. An election shall be held during the spring semester at such time and place as the Elections Committee may determine. EOs and Representatives shall be elected at this election, with the exception of First Year Day,and Evening Representatives, and American Bar Association Representative Vice Chair.  An election shall be held during the fall semester at such time and place, as the Elections Committee may determine. First Year Day,and First Year Evening Representatives, and American Bar Association Representative Vice Chair shall be elected at this election.