Bye Law 12 Elected Member Accountability

Passed UBC – 17/10/19

Bangor University Students’ Union Constitution: Part 2 – By-Laws By-Law 12 – Elected Member Accountability

This Bye-Law is the property of the Trustee Board and can be amended by the Trustee Board, Student Council and the Undeb Bangor Student Members Meetings, in line with their procedures.

1. Purpose 1.1. The purpose of this by law is to ensure that all elected members of Undeb Bangor are treated fairly and provides a fair method of dealing with concerns of and votes of no confidence.

2. Concerns of no confidence in Student Councillors 2.1. A Concern of no confidence gives the opportunity for students to raise concerns to a Student Councillor about a failure to adequately fulfil their duties.

2.2. Any Concerns of no confidence (CONC) must be raised in writing, to the President.

2.2.1.The CONC must give details of the name of the person involved, together with details of the alleged poor performance or misconduct. Dates and times of any incidents (where possible), should also be detailed.

2.3. The President will elect a member of staff to investigate the CONC on their behalf.

2.4. Any Student Councillor who is being investigated will be advised in writing of the concern of no confidence and will be given the opportunity to have their views fully and fairly considered. An attempt to reach a resolution through informal discussions will be made. This may include recommendations for additional training and support.

2.5. The elected member has the right to attend any meetings, accompanied by another student or affiliate member of Undeb Bangor 2.5.1.Any meeting held by Undeb Bangor, in relation to accountability will be chaired by the President.

2.5.2.All meetings will be minuted and circulated to all present in a timely manner.

3. Votes of no confidence in Student Councillors.

3.1. Student Councillors who fail to fulfil their duties may be removed from their position by a vote of no confidence (VONC), by either: 3.2. A two thirds majority vote of no confidence of a quorate Student Council meeting, following the procedure outlined below: 3.2.1.The VONC proposal is raised in writing to the President at least 14 working days in advance of the Student Council meeting in which the VONC is to take place. The VONC proposal should relate to the fulfilment of the role only (e.g. not fulfilling core responsibilities, not attending meetings, abusing conflicts of interest).

3.2.2.The VONC proposal must include a Proposer and a Seconder. Where the VONC proposal relates to an Student Councillor who represents a defined group, either the Proposer or Seconder must self-define into that group.

3.2.3.The President gives the Student Councillor in question advance notice in writing as soon as possible (this must be within 5 working days), that the VONC is to be proposed at Student Council.

3.2.4. Any mitigating circumstances have been considered.

3.2.5. The Councillor in question has been offered a meeting to discuss the VONC with the Student Voice Team.

Passed UBC – 17/10/19 3.2.6.The VONC is discussed and voted upon at Student Council. The proposer of the VONC (or their nominee) will have the opportunity to speak, followed by the Student Councillor (or their nominee), whom the VONC relates to. There will also be an opportunity for questions and discussion prior to the vote.

3.3. A simple majority of a secret ballot, open to all students eligible for that Student Council positon, following the procedure outlined below: 3.3.1.The VONC secret ballot proposal is raised in writing to the president at least 14 Working days in advance of the secret ballot. The VONC secret ballot proposal should relate to the fulfilment of the role only (e.g. not fulfilling core responsibilities, not attending meetings, abusing conflicts of interest).

3.3.2.The proposal for the secret ballot must include a Proposer and a Seconder. Where the VONC proposal relates to an Student Councillor who represents a defined group, either the Proposer or Seconder must self-define into that group.

3.3.3.The president gives the Student Councillor in question at least 10 working days’ notice in writing of the secret ballot.

3.3.4.Any mitigating circumstances have been considered.

3.3.5. The Councillor in question has been offered a meeting to discuss the VONC with the Student Voice Team.

3.3.6.The secret ballot is administered through the Students’ Union Student Voice team.

3.3.7.The secret ballot will only be valid if turnout is at least 75% of the number of voters in the original election of that position.

4. Failure of Student Councillors to attend Student Council 4.1. Student Councillors are expected to attend all meetings of Student Council or submit an apology for absence, which is reasonable and acceptable, at the discretion of the Democratic Procedures Committee.

4.2. In the event Student Councillors fail to submit a reasonable and acceptable apology for absence at Student Council and any mitigating circumstance have been taken into consideration, the following shall take place: 4.2.1. First Student Council absence – The President will send an email asking why the Student Councillor has been unable to attend, and check that they are ok.

4.2.2. Second Student Council absence – The President will invite the councillor for an informal meeting to enquire why they haven’t been able to attend, and check that they can still fulfil their role as an Student Councillor.

4.2.3.

Third Student Council Absence – The President will invite the councillor for a further meeting where the following will be discussed: 4.2.3.1. Encouragement to start attending meetings.

4.2.3.2. Exploration of whether the role is right for them.

4.2.3.3. Raise the possibility of a CONC or VONC proposal by the sabbatical officer team.

4.2.4.

Meeting absences without a reasonable and acceptable apology do not need to be consecutive for the above to take place.

5. Concerns of no confidence relating to elected members of Students’ Union Groups 5.1.

A Concern of no confidence (CONC), relating to elected members of Students’ Union Groups (Clubs, Societies and volunteering projects), gives the opportunity for students to raise concerns about a failure of elected members to adequately fulfil their duties.

5.2.

In the first instance this should be dealt with through the procedure outlined in the relevant constitution. If no procedure exists then a CONC can be raised through the following procedure:

Passed UBC – 17/10/19 5.3.

Any Concerns of no confidence (CONC) must be raised in writing, to the relevant Sabbatical Officer.

5.3.1.

The CONC must give details of the name of the person involved, together with details of the alleged poor performance or misconduct. Dates and times of any incidents (where possible), should also be detailed.

5.4.

The Sabbatical Officer will elect a member of staff to investigate the CONC on their behalf.

5.5.

Any Elected Member who is being investigated will be advised in writing of the concern of no confidence and will be given the opportunity to have their views fully and fairly considered. An attempt to reach a resolution through informal discussions will be made.

This may include recommendations for additional training and support.

5.6.

The elected member has the right to attend any meetings, accompanied by another student or affiliate member of Undeb Bangor 5.6.1. Any meeting held by Undeb Bangor, in relation to accountability will be chaired by the relevant Sabbatical Officer.

5.6.2. All meetings will be minuted and circulated to all present in a timely manner.

6. Votes of no confidence relating to elected members of Students’ Union Groups 6.1. A vote of no confidence (VONC), relating to elected members of Students’ Union Groups (Clubs, Societies and volunteering projects), gives the opportunity for students to raise concerns about a failure of elected members to adequately fulfil their duties and start procedures for the removal of them from their position.

6.2. In the first instance this should be dealt with through the procedure outlined in the relevant constitution. If no procedure exists then a VONC can be raised through the following procedure: 6.3. Elected Members who fail to fulfil their duties may be removed from their position by a vote of no confidence (VONC), by: 6.3.1. A simple majority vote of no confidence at an Extraordinary General Meeting (EGM) after attempting to reach a resolution through informal discussions with the relevant Sabbatical Officer and Staff Coordinator, with any mitigating circumstances taken into consideration. To propose a vote of no confidence, a written petition outlining the reasons for such a vote must be submitted to the relevant sabbatical Officer and Staff Coordinator, from at least 20% of members of the group. The VONC proposal should relate to the fulfilment of the role only.

6.3.2. Following receipt of the petition, the Students’ Union will then inform the committee of the group that they have a minimum of 3 working days to give notice to the members of the group that an EGM will be talking place to hear this petition.

6.3.3. The relevant Sabbatical Officer and/or Staff Coordinator must also be invited to the EGM to return the result of the VONC.