INTIMA Constitution & Bylaws (Revised Aug 2012)

INTIMA Constitution & Bylaws
INTIMA Secretariat INTIMA (INTI International College Subang) 3, Jalan SS15/8 47500, Subang Jaya, Selangor Darul Ehsan, Malaysia. Tel: (+603) 5634 4711 Ext: 237 Fax: (+603) 5634 4718
CONTENTS
Item CONSTITUTION (Revised Aug 2012) Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Preamble Identity Statement Of Purpose General Provisions Fundamental Rights Membership Legislature Executive Judiciary Election External Affairs Supremacy Amendment to the Constitution 2 2 2 3 3 3 4 5 5 6 6 6 6 Description Page No.
BYLAWS (Established Aug 2012) Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Membership Legislature Executive Judiciary The Affiliates Relations with the Management Election Finance Rules of Order Alteration to the Bylaws 8 8 14 22 28 29 30 32 33 35
INTIMA CONSTITUTION
(Revised August 2012)
PREAMBLE We, the students of INTI International College Subang, being driven by the need of a student governing body to actively engage in deciding policies and priorities of the student community as well as managing student affairs, hereby reconstitute INTIMA in accordance to the statement of purpose as follow, and hence ordain this constitution for INTIMA.
ARTICLE I Section 1 Name
IDENTITY
Intima in Latin means innermost; hereby INTIMA denotes the inner component of the institution which is the Student Government of INTI International College Subang (hereafter known as IICS). Section 2 Venue of business
The principal office of INTIMA shall be located at INTI International College Subang, 3, Jalan SS15/8, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia. Section 3 Logo
The logo of INTIMA shall be that as posted on the cover of this constitution, with an eagle holding a scroll affront of an open book under the name of INTIMA, which is incorporated in a ring of wheat covered with a statement of United in All Our Endeavours.
ARTICLE II 1. 2. 3. 4. 5. 6.
STATEMENT OF PURPOSE
To promote and protect the welfare and privileges of the students. To uphold the passion and spirit of service, unity, dignity, justice, discipline, integrity and order within the student community. To bridge the communication between the IICS Management and students. To represent students voices in terms of academics, administration, services, amenities, co-curricular activities, ideas, interests and concerns. To encourage the interaction among students of all diversities. To supervise, support and coordinate the activities of all the Affiliates to ensure the effectiveness of the activities and resolve any conflict of interests among the Affiliates.
ARTICLE III Section 1 1.
GENERAL PROVISIONS Non-Profit Status
No part of the net earnings or properties of INTIMA can be transferred or apportioned to the benefit of any party, within or beyond INTIMA, unless INTIMA is authorized and empowered to compensate services rendered or to make payments or allocations in furtherance of the objectives laid out in the Statement of Purpose hereof. No part of the properties of INTIMA can be transferred or apportioned to the benefit of any party, within or beyond INTIMA. Dissolution
2.
Section 2 1.
In the event of dissolution of INTIMA, all assets of INTIMA shall be reverted to IICS.
ARTICLE IV Section 1
FUNDAMENTAL RIGHTS Nondiscrimination Statement
There shall be no discrimination against any individuals or groups in terms of but not limited to ability status, age, ancestry, citizenship, country origin, creed, cultural background, economic background or status, gender, philosophy, political affiliation or ideology, race, religion and skin color. Section 2 1. 2. 3. Freedom of Expression
The privilege to the freedom of speech and expression shall be preserved, except being practiced for crime incitement, libel, obscenity and slander. The one who exercises this privilege shall hold responsibility for his or her expression. During an INTIMA meeting, this privilege is subject to the protocols of the meeting. Free Access
Section 3 1.
All students, alumni as well as officials and staffs from the Management of IICS shall have the privilege to attend any open session of the General Assembly, but unnecessarily the right to vote.
ARTICLE V 1.
MEMBERSHIP
All members must be current full-time enrolled students of IICS and are allowed to hold the membership through the semester break until the subsequent semester resumes; the membership shall be terminated upon the end of their term of service in INTIMA. With exception to clause 1, immediate termination of membership shall take effect in the event that: (a) members are not enrolled as full-time students for the current academic period upon the commencement of the day of overdue enrollment deadline. (b) members withdraw or are under academic/non-academic suspension in IICS.
2.
(c) members are holding bad behavioral or criminal records. 3. 4. Affiliates comprise of all boards, clubs, societies and school councils constituted by students under IICS. All Affiliate Chairpersons and INTIMA Senior Officials shall have at least a CGPA (Cumulative Grade Point Average) of 3.00 or at least an overall B standing; they shall also have at least studied in IICS for an academic year and have participated in the organizing committees of at least two (2) events under INTIMA. Chairperson of an Affiliate cannot hold the chair of another INTIMA Affiliate; Officials in any one of the following parties, for instance Cabinet, Judiciary, Independent Authority(-ies) and Chair of an INTIMA Affiliate, are ineligible to hold more than one position across the parties. All members shall abide by the INTIMA Constitution and Bylaws.
5.
6.
ARTICLE VI Section 1 1. 2. 3.
LEGISLATURE Legislation
All legislative powers shall be vested in the General Assembly. The legislation hereby refers to alteration of the INTIMA Constitution and Bylaws. All bills passed by the General Assembly, prior to enactment, shall be presented to the President; if the President approves it, he or she shall sign it; Otherwise, the President shall return it to the General Assembly along with his or her Objection(s), within ten (10) days, and be carried forward for reconsideration; if the General Assembly passes the Bill after reconsideration, the Bill shall be enacted; in the event that the Bill is not returned by the President within ten (10) days, after he or she have been presented, the Bill shall also be enacted, unless the General Assembly in its Adjournment prevent its Return, whereby the Bill shall be void. Power of Impeachment
Section 2 1.
The General Assembly has the sole authority on all Impeachments and their trials; an Impeachment shall be passed with at least a two-third (2/3) confirmation of the voting members. The Impeachment may only be applicable to violation of INTIMA Constitution and Bylaws or heavy disciplinary problem(s) on INTIMA Cabinet Executives and Judiciary Justices. In the event of Impeachment against the President, the Chief Justice shall sit as the Chair of the forum. The extent of the Judgment on Impeachments shall not be more than removal from Office and debar from holding or enjoying any Office of honor, Trust or Benefit under INTIMA; but the conviction of any Party shall be liable and subject to Indictment, Trial, Judgment and Punishment according to INTIMA Statutes.
2.
3. 4.
Section 3 1.
Disciplinary Action
The General Assembly may expel its member for his/her disorderly behavior at a two-third (2/3) concurrence of its voting members, excluding the one whom disciplinary action is taken against.
ARTICLE VII 1. 2.
EXECUTIVE
The executive power of INTIMA shall be vested in the President, who works along with a Vice President and is supported by other Cabinet Executives. The Cabinet shall consist of the following fundamental Executives, with their roles defined respectively: (a) President i. Serve as the head of INTIMA and leads the executive branch. (b) Vice President i. Serve as the deputy to the President and assist the President in carrying out his or her duties. (c) General Secretary i. Third in the presidential line of succession. ii. Serve as the head of Department of Secretariat; general administrative and external affairs officer of INTIMA; chief administrative and external affairs adviser to the President. (d) Secretary of the Treasury i. Fourth in the presidential line of succession. ii. Serve as the head of Department of the Treasury; chief financial officer of INTIMA; principal financial adviser to the President.
3. 4.
All Cabinet Executive(s) other than the President and Vice President shall be nominated by the President and then be presented to the General Assembly for confirmation or rejection. The term of service for the Executive branch shall be that of one (1) year the most and be terminated following the Inauguration of the incoming INTIMA Cabinet.
ARTICLE VIII 1. 2. 3.
JUDICIARY
The judicial power of INTIMA shall be vested in the INTIMA Judiciary. The INTIMA Judiciary shall function to interpret and uphold the INTIMA Constitution and Bylaws as well as to uphold justice among the students at large. It shall be the dispute resolution arm of INTIMA or its Affiliates, carry out investigation over cases of violation against or controversy under INTIMA Constitution and Bylaws as well as representing students for personal disciplinary hearing conducted by the Management. There shall be a Chief Justice as the Head and Chief Administrative Officer of the Judiciary branch.
4.
5. 6.
The Chief Justice shall preside over the trial of Impeachment on the President. The term of service for the Chief and Vice Chief Justice shall be that of one (1) year the most and be terminated following the Inauguration of the incoming Chief and Vice Chief Justice not later than the thirtieth Day in the month of September.
ARTICLE IX ELECTION 1. 2. 3. Presidential Election shall be held not later than the thirty first Day in the month of October. All IICS students are entitled only one (1) vote as per position, for any combination among the candidates, which is equivalent to cumulative voting used for multiple seats. All candidates must first be an INTIMA member for at least one (1) year.
ARTICLE X 1. 2.
EXTERNAL AFFAIRS
External affairs hereby refer to all official relations with any entity beyond IICS, including other INTI Campuses. All external affairs initiated by INTIMA and its Affiliates are subject to the authority of IICS Management.
ARTICLE XI 1.
SUPREMACY
This constitution shall be the supreme Law of Governance; the Constitution and Bylaws and Statutes and Resolutions in every Affiliate shall be bound thereby and anything in them to the contrary notwithstanding.
ARTICLE XII 1.
AMENDMENT TO THE CONSTITUTION
Except the supremacy in Article XI, the revocation of part or whole of this constitution can be amended in adherence to the following criterion: (a) The amended contents and regulations in this constitution cannot contradict each other.
2.
The procedures of amendment or repeal shall be: (a) In need of amendment, the General Assembly shall pass a motion of nominating and authorizing a Legal Review Commission in amending this Constitution at a three-forth (3/4) agreement of the voting members in the General Assembly. The commission shall have the following positions within 60 days after the authorization: i. Chairperson ii. Secretary
(b)
iii. Executive Members This commission shall include 2 Cabinet members and 5 non-Cabinet INTIMA members with voting privilege. (c) The commissioners shall collect the required information and suggestions, convene meetings, discuss, vote on and prepare the draft of the amended details within 60 days since authorization. (d) The commission shall then distribute a copy of the proposal to all INTIMA members with voting privilege and SSD one week in advance before the matter is to be discussed and explain the nature and the reasons for the proposal. The General Assembly may discuss and further amend the proposal submitted by the commission at a three-forth (3/4) agreement of its voting members to be the latest INTIMA Constitution.
(e)
3.
The commission shall be declared dissolved upon the adopting of the amended Constitution by the General Assembly.
END OF CONSTITUTION
INTIMA BYLAWS
(Established August 2012)
ARTICLE I 1.
MEMBERSHIP
Membership includes all Executive Committees (hereafter known as EXCO) of the Affiliates and INTIMA Officials. INTIMA Senior Officials comprise of General Assembly Chairperson, Vice Chairperson and Secretary, Cabinet Executives, Deputy Head of Executive Departments, Head of Executive Departmental Divisions, Audit Board Inspector Generals and Judiciary Justices. Class representatives are the general auditors as per course per semester, who provide feedbacks on IICS and INTIMAs management. All class representatives within IICS shall fall under the membership of their respective school council.
2.
3.
ARTICLE II Section 1 1.
LEGISLATURE Committee on the Judiciary
The General Assembly shall nominate and authorize a Committee on Justice with 5 voting members from the General Assembly who are the most senior in IICS, which constitute a Chair and a Secretary, to take charge of the Impeachment proceedings. The committee shall initiate the Impeachment process upon receipt of a: (a) Complaint filed by at least half of the General Assembly. (b) Complaint submitted by the Cabinet or Judiciary. (c) Complaint submitted by any voting member of the General Assembly. (d) Complaint filed by any IICS student and verified by a voting member of the General Assembly.
2.
3. 3.1
Verification of Complaint The committee shall verify the sufficiency of required documents and substance within three (3) school days; the substance hereby refers to the facts of the allegation and determinative of the committees jurisdiction. If the requirements of the complaint are not attained, the committee shall publish a report on the rejection to the General Assembly and the complainant. Service Upon verification on the sufficiency of documents and substance, the committee shall forward a copy of the complaint to the respondent.
3.2 4. 4.1
4.2
The respondent shall file an answer to the committee and serve a copy to the complainant within three (3) school days upon receipt of the allegation; if the respondent fails or refuses to file an answer, the respondent is deemed to have denied the complaint. After the due date of the answer from the respondent, the committee shall determine whether to proceed with the Impeachment within three (3) school days. If the committee determines that the Impeachment has no sufficient grounds, it shall publish a report on the rejection to the General Assembly and the complainant. Discovery Upon confirmation on the Impeachment proceedings, the committee shall permit a period of seven (7) days for the sharing of information pertained to the suit via the committee, for instance documentary evidence, interrogatories and depositions; the interrogatory hereby refer to a set of written queries delivered by one party to the other, where as deposition is an oral examination conducted by one party on the other on a record. The Chair shall distribute all the material evidences shared among the parties, to the committee members prior to the hearing. A party may submit an objection to the committee as a pre-hearing motion at least 48 hours prior to the hearing, which must be supported by a majority of the committee. The committee may ordain with a subpoena that the opposite party to justify the evidence in question by bringing forth further evidence(s) and/or witness(-es); if the opposite party is unable to provide such clarification, the party shall reply in writing to the committee on the impossibility. The committee shall conduct a hearing in closed session not later than seven (7) days from the due date of information sharing. After the hearing, the committee shall submit its findings and recommendations, agreed upon by a majority vote of its members, to the General Assembly for passing of Impeachment. Trial of Impeachment
4.3 4.4 5. 5.1
5.2 5.3 5.4
6. 7.
Section 2 1. 2.
The General Assembly shall conduct a tribunal in closed session not later than seven (7) days upon passing of the Impeachment. The Chair of the General Assembly may sit as the presiding judge of the trial, unless the General Assembly votes upon another of its voting member to preside over the trial; if the President is being tried, the Chief Justice shall be the presiding judge. The General Assembly may conduct the trial in but not limited to a question-and-answer manner and summoning witness(-es) to testify. After the hearing, the General Assembly shall vote upon the verdict privately and be passed at a twothird (2/3) confirmation of its voting members. The presiding judge shall then pass the verdict on the respondent.
3. 4. 5.
Section 3 1.
General Assembly
The General Assembly includes Annual General Meeting (hereafter known as AGM), General Meeting and Emergency Meeting. AGM shall be conducted upon the inauguration of the new Cabinet. The agendas of AGM shall be: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Address by Outgoing INTMA President Address by IICS President and/or Associate Vice President Adopting of Previous Minutes Review of Previous Minutes Adopting of AGM Reports Passing of Presidential Appointees of Incoming INTIMA President Address by Incoming INTIMA President Discussions Others Adjournment
2. 3.
4.
Convention 4.1 A meeting can be called for, under any one of the following situations: (a) Chair requested so. (b) Assembly Secretary sees the need to do so. 4.2 4.3 The notification of convening an AGM shall be made at least 14 days in advance. The notification of convening a General Meeting shall be made at least seven (7) days in advance. The notifications with preliminary agendas shall be made via one of the following approaches: (a) Email to the e-address last registered on INTIMA Registry by the member concerned and/or via online social network. (b) Mail to the physical address last registered on INTIMA Registry by the member concerned. 4.5 General Meeting can be convened via a memorandum with joint signatures by two-third (2/3) of voting members and to be submitted to the Assembly Secretary at least 14 days prior to the petitioned date; the memorandum shall state clearly the reason(s) for petitioning a General Meeting or submitting the motion(s). The Assembly Secretary shall confirm on the effectiveness of the memorandum before convening for a General Meeting within 14 days
4.4
10
according to the procedures in Clause 4.3 and 4.4 or include the motion(s) concerned into the agendas of the upcoming General Assembly. 4.6 5. Emergency Meeting shall be convened with a notification of not less than 48 hours before the commencement time of the meeting.
Quorum 5.1 5.2 Non-Voting session can only be held with at least two-third (2/3) attendance of voting members. For voting session, at least a three-forth (3/4) attendance of voting members is required; in the event that disciplinary action being taken against a voting member, that member may not constitute a seat in the quorum. In the event that the General Assembly is not convened according to the procedures in Clause 4.2, 4.3 and 4.5, an attendance of at least ninety five percent (95%) of voting members is required for the meeting to be legal.
5.3
6.
If the quorum is not fulfilled at the time when 15 minutes from the commencement time have passed, the Chair shall declare that the meeting is called off and the Assembly shall be reconvened according to the procedures in Clause 4. During the conduct of the meeting, if the members present do not match the quorum in Clause 5, the Chair shall declare that the meeting session shall resume on the same day and same convention time in the following week. Assembly Officials. 8.1 With exception to the following situations, the INTIMA President shall be the Chair of the General Assembly who presides over the meeting: (a) The Chair has not show up or refuses to chair the meeting when 15 minutes have passed the commencement time. (b) The position of the Chair is declared absent in effect of the disciplinary action and/or impeachment. 8.2 8.3 Due to the absence of the Chair, the Vice President shall chair the meeting and ensure that the meeting is run in a proper manner and in accordance to the Rules of Orders in Article IX. With exception to the following situations, the INTIMA General Secretary shall be the Secretary of the General Assembly who records the proceedings: (a) The Secretary has not show up or refuses to record the meeting when 15 minutes have passed the commencement time. (b) The position of the Secretary is declared absent in effect of the disciplinary action and/or impeachment. 8.4 Due to the absence of the Assembly Secretary, the Deputy General Secretary shall record the meeting.
7.
8.
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9.
Voting 9.1 9.2 9.3 9.4 9.5 Voting members consist of only all Chairpersons of INTIMA Affiliates, unless in the absence of the Chairpersons their proxies shall constitute. All voting members are entitled to one (1) vote each person. The Chair cannot vote unless there is a deadlock whereby he/she is then entitled to a vote. Abides by the Rules of Orders. For major decisions concerning INTIMA as follow, an agreement of at least three-forth (3/4) of voting members by secret ballot is needed to pass the following motion: (a) Dissolution of INTIMA (b) Dismissal of the Cabinet (c) Dismissal of the Judiciary (d) Dismissal of the Audit Board 9.6 Internal Election or Impeachment (a) Nomination or motion to impeach by voting members. (b) Voting shall be conducted via secret ballot. (c) 1st round voting shall be casted for at least two-third (2/3) majority of the voting members present; if the 1st round voting has no two-third (2/3) majority at least, a 2nd round voting shall be again casted for at least two-third (2/3) majority of the voting members present; if the 2nd round voting has no decision yet, a 3rd round voting shall be casted for majority of the voting members present on the two (2) options with the highest votes in the 2nd round. 9.7 The General Assembly may be held in closed session, where the details of the meeting shall not be disclosed by any means until the proceedings are published as public records, for the following subjects: (a) Dismissal of any body within INTIMA (b) Internal Election (c) Impeachment and/or Disciplinary Action 9.8 Other Motions (a) An agreement by majority of voting members present is needed to pass the resolution. (b) The voting shall be by show of hands, unless a motion to vote via secret ballot is passed by majority of the voting members present; the Chair shall declare that the voting will be reconducted in accordance to that motion passed.
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9.9
Vote Counter (a) Voting members present shall nominate and elect two (2) vote counters from among themselves by show of hands and passed by majority. (b) The two (2) vote counters shall ensure that all voting processes in the meeting are fair.
9.10 The declaration of the voting result by the Chair as recorded in the minutes shall be the conclusive evidence of the result. 10. Adjournment 10.1 All meetings shall have a fixed period. 10.2 The meeting shall be closed at the end of the fixed period, unless a motion to extend the period is passed by majority of the voting members present via show of hands. 10.3 If there is unfinished business at the end of the fixed period, a motion shall be passed to adjourn the meeting to a specified upcoming day and time. 10.4 As and whichever the Chair deems fit, he/she can propose to the assembly of recessing the meeting for a definite time not more than an hour or adjourning the meeting for a definite time not more than seven (7) days and to be reconvened according to Clause 4; the proceedings of the issue standing under debate during when the meeting is adjourned shall be rendered invalid. 11. Student Services Department (SSD) 11.1 SSD Officer shall be required to attend the General Assembly subject to a notice to SSD of at least 3 working days before the meeting. 11.2 The SSD Representative may give his/her opinion at the meeting but the General Assembly makes the final decision. 12. Terms of Absence 12.1 If any Affiliate Chairperson is not available, a Representative must attend the meeting on behalf of the Affiliate. Otherwise, the unavailable Affiliate must notify the Assembly Secretary at least an hour prior to the General Assembly with a memorandum or submit an apology letter within a week after the General Assembly to the Assembly Secretary for review. 12.2 The following reasons at the time of meeting shall be permitted as excused absence: (a) Class commitments (b) Work conflicts (c) Previous commitments to other organizations (d) Other assignments under INTIMA which must be carried out (e) To take care of one or more family members or domestic partner in the event of illness or death
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(f) Religious observances (g) Other emergencies deemed acceptable by the Assembly Chair 12.3 Any Representative may be granted Leave of Absence, for either the rest of the session or a portion of the meeting, at a majority agreement of the General Assembly; the Representative concerned shall submit the request to the Assembly Secretary and may assign his/her proxy in replacement. 12.4 Warning letter shall be issued by the Assembly Secretary to any Affiliate Chairperson for violation of Clause 12.1 and 12.2. 12.5 Chairperson of an Affiliate who committed unexcused absence for 3 consecutive General Assemblies shall be required to explain himself/herself to the Assembly Chair/Vice Chair/Secretary; for more than 3 times, he/she shall be required to step down without a certificate for his/her service as the chair of his/her Affiliate.
ARTICLE III Section 1 1. 2.
EXECUTIVE Cabinet
Head of a Department shall chair his/her departments meeting and report to the President. The Executive branch shall consist of the following fundamental Senior Executives and/or their departments, with their primary duties, responsibilities and power set out respectively: (a) President i. To be the spokesperson of INTIMA and Executive branch. ii. Plan, direct, coordinate and supervise the execution of administrative plans for INTIMA. iii. Chair Cabinet meeting. iv. Can appoint a commission to run a research or investigation in furtherance of the goals of INTIMA. v. Countersign all monetary bills for INTIMA payments. (b) Vice President i. ii. Succeed the President, in his/her permanent absence, for the remainder of the Presidents term of service. Act for the President in the event that the President is unable to carry out his/her duties temporarily.
(c) General Secretary i. Responsible for the receipt, publication, distribution and preservation of INTIMA Constitution and Bylaws.
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ii.
Responsible for the preparation, sealing and recording of INTIMA and presidential commissions. Custody of the seal of INTIMA. Custody of records of all official documents and policies of the Cabinet and INTIMA. Responsible for the preparation and authentication of copies of records. Maintain a current registry of all INTIMA members. Must ensure that minutes be taken for all Cabinet meetings and passed as correct by the following meeting; All minutes have to be vetted by the President. Responsible for the preparation of preliminary agendas of Cabinet meetings and their announcements in advance. Assist the Chair of meeting in interpreting and enforcing Rules of Orders where applicable; receive and present to the Chair written motions and their amendments concerned. Sign/seal and issue warning letter with President verification to the Affiliate which transgresses INTIMA Constitution and Bylaws. Responsible for preparing or updating the official templates and forms pertaining to the activities and operations of INTIMA. Draft, sign/seal and issue all INTIMA circular notes and internal official letters. Draft all external letters and documents. Provide information and services to the Affiliates on INTIMA documentation matters and external affairs policy. Prepare and submit on behalf of INTIMA the Annual Report of INTIMA at the Annual General Meeting. Prepare and submit a Report of INTIMA on behalf of INTIMA which includes its period of office to the Incoming General Secretary within a month after INTIMA goes out of office before its completion of term. In-charge of INTIMA logistics. Manage INTIMA assets but not authorized to purchase, sell, transfer possession or reconstruct INTIMA properties.
iii. iv. v. vi. vii.
viii.
ix.
x.
xi.
xii. xiii. xiv.
xv.
xvi.
xvii. xviii.
(d) Secretary of the Treasury i. ii. Manage INTIMA funds, budgets and financial policies. Strategize for INTIMA revenue.
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iii. iv.
Custody of all INTIMA financial records. Responsible for the preparation or updating of INTIMA financial documents and guidelines. Report to the Cabinet on the financial status of INTIMA on a monthly basis. Provide advice on the budgets for INTIMA and its Affiliates. Responsible for the routine check on all Affiliates accounts on a monthly basis. Investigate and prosecute on any fraud and abuse in the Affiliates to the INTIMA Judiciary. Regulate and enforce the accounting standards on the Affiliates. Provide information and services on financial management to the Affiliates. Prepare and present on behalf of INTIMA the Financial Report of the previous financial year of INTIMA at the Annual General Meeting. Receive on behalf of INTIMA all funds paid to INTIMA except those released by IICS Treasury Department and such funds must be remitted to the IICS Treasury Department for credit into INTIMAs account; for funds released by the IICS Treasury Department to INTIMA, he/she shall approve/reject but not receive such release of fund to the recipient. Sign and submit all payment bills of INTIMA which have been countersigned by the President. Review and approve/reject the claims, budgetary applications and appeals from the Affiliates for funding from INTIMA. Issue written notice to the Affiliates on the result of their claim and budgetary applications and appeals.
v. vi. vii. viii.
ix. x. xi.
xii.
xiii.
xiv.
xv.
3.
Other Senior Executives and/or their departments are listed respectively with their primary duties as follow: (a) Secretary of Internal Affiliation i. ii. iii. iv. v. Oversee the administration and activities of all Affiliates. In-charge of the registration and deregistration of the Affiliates. Provide information and services on establishment and dissolution of an Affiliate. Manage the issues and interests brought up by the Divisions. Mobilize the Divisions in the furtherance of the goals of INTIMA.
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vi. vii. viii.
Promote performance improvement on management among the Affiliates. Audit the management and policies of the Affiliates. Ensure that the Constitution and Bylaws and Statutes of the Affiliates are in harmony with the INTIMA Constitution and Bylaws. Review and approve/reject the Affiliates proposals and reports on the activities which are funded by INTIMA. Issue written notice to the Affiliates on the review result of their proposals and reports on the activities which are INTIMA-funded.
ix.
x.
(b) Secretary of Publicity i. ii. iii. In-charge of all publicity of INTIMA. Oversee the publication of the Affiliates. Ensure that the content of the Affiliates publication does not violate the Freedom of Expression in Article IV.
(c) Secretary of Student Welfare i. ii. Serve as a general Referral for student services and welfare. Provide information and services on Alternative Dispute Resolutions, for instance mediation and conciliation, apart from litigation. Provide information on judicial procedures for the plaintiff and defendant. Promote research initiatives to improve the student services and welfare. Independent Authority
iii. iv. Section 2 1.
An audit board shall be established to act independently from the Executive branch to provide transparency on the management of the Executive branch and to detect fraud, waste, abuse or mismanagement in INTIMA. The Inspector General shall be nominated by the President and then be presented to the General Assembly for confirmation or rejection; if the General Assembly rejects the presidential nomination, it can opt to appoint the Inspector General itself or appoint a few Auditors while the Inspector General is selected among themselves. In the event that the Inspector General is not selected among a few Auditors, the authorized Inspector General shall appoint other Auditors to serve in the Audit Board under the Presidents consent. The power and duties of the Audit Board are as follow: (a) To audit the management and policies of the Executive branch.
2.
3.
4.
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(b) To audit all financial transactions of INTIMA once a month. (c) Investigate and prosecute on any fraud and abuse in INTIMA to the INTIMA Judiciary. 5. Should there be lack of auditors or any of the board positions falls vacant, the Inspector General shall appoint a new Auditor to serve in the board under the Presidents consent. Removal Any Auditor shall be subject to removal from the Audit Board due to transgression against the INTIMA Constitution and Bylaws or heavy disciplinary problem(s), under majority vote in favor by all Auditors, except the Auditor in question. A petition for removal signed by at least half of the Board shall be sufficient to convene a meeting for motion of no confidence against the Auditor(s) concerned. The Auditor(s) in question shall be given a notice of at least 48 hours prior to the meeting where motion of no confidence is being held. The Inspector General shall request the resignation of the Auditor(s) removed by the Board; in the event of removal of the Inspector General, the Board shall take charge of the removal. If the Auditor(s) voted of no confidence refuse(s) to resign, the Board shall then forward the case to the Judiciary for hearing. Executive Boards/Commissions/Committees
6. 6.1
6.2
6.3
6.4
6.5
Section 3 1.
The President or the Cabinet may form a board/commission/committee to take charge of an eventbased project under the Executive branchs authority and supervision. Appointment
Section 4 1. 2. 3.
The Cabinet can appoint suitable candidates as divisional officials into its branching departments respectively. Appointment shall be conducted via voting in terms of secret ballot. 1st round voting shall be casted for at least two-third (2/3) majority of the voting members present; if the 1st round voting has no two-third (2/3) majority at least, a 2nd round voting shall be again casted for at least two-third (2/3) majority of the voting members present; if the 2nd round voting has no decision yet, a 3rd round voting shall be casted for majority of the voting members present on the two(2) options with the highest votes in the 2nd round. Disciplinary Action
Section 5 1.
Any Cabinet Executive shall be suspended due to transgression against the INTIMA Constitution and Bylaws or heavy disciplinary problem(s) with an agreement of majority of the Cabinet Executives, except the Executive in question.
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2.
Non-Cabinet Executive shall be subject to removal due to transgression against the INTIMA Constitution and Bylaws or heavy disciplinary problem(s) with an agreement of majority of the Cabinet Executives. A petition for disciplinary action signed by at least half of the Cabinet shall be sufficient to convene a meeting for motion of no confidence against the Executive(s) concerned. The Executive(s) in question shall be given a notice of at least 48 hours prior to the meeting where motion of no confidence is being held. Within 14 days, the suspension on Cabinet Executive(s) shall be brought forward by the Cabinet to the General Assembly for Impeachment and its Proceedings. Vacancy
3.
4.
5.
Section 6 1.
Any position in the Executive branch shall be declared permanently vacant due to the following situations: (a) (b) (c) (d) As a result of disciplinary action and impeachment. Death or failure to comply with the basic requirements of INTIMA membership. The Official concerned delivers a signed resignation letter to the General Assembly or the Board or Cabinet he/she is serving in. Dismissal of the Cabinet/Audit Board passed by the General Assembly with an agreement of at least a three-forth (3/4) of its voting members at the General Assembly, excluding the ones whom motion of no confidence is taken against.
2. 3. 4.
The principal deputy to the main position, who is still in service, shall succeed the permanently vacant position. The dismissed Cabinet/Audit Board shall be replaced in the same meeting session via internal election in the General Assembly following the motion of dismissal. The Interim Cabinet/Audit Board for the dissolved Cabinet/Audit Board shall serve the remainder of the INTIMA Term. Cabinet Meeting
Section 7 1.
Executives shall be required to meet at least once a month to discuss issues concerning the operations of INTIMA and matters arising. Convention 2.1 A meeting can be called for, under any one of the following situations: (a) President or any Executive requested so. (b) General Secretary sees the need to do so.
2.
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2.2 2.3 2.4 3.
The convention can be done verbally or via email or social network notification or written notice. There is no prefixed period of advance notice but at least a day notice in advance is strongly encouraged. The General Secretary shall decide on the date, time and venue in consideration on the persons request for the convention and related suitability.
The General Secretary shall prepare the preliminary agendas while the President and other Executives can submit any resolution proposal to the General Secretary prior to the meeting for discussion; the General Secretary shall send the preliminary agendas upon completion to all other Executives. Quorum 4.1 4.2 The quorum shall be at least three-forth (3/4) of the Executives; in the event that disciplinary action being taken against an Executive, that Executive may not constitute a seat in the quorum. If the quorum in is not fulfilled at the time when 15 minutes from the commencement time have passed, the Chair shall declare that the meeting is called off and the meeting shall be reconvened according to the procedures in Clause 2. During the conduct of the meeting, if the members present do not match the quorum in Clause 4.1, the Chair shall declare that the meeting shall be reconvened according to the procedures in Clause 2.
4.
4.3
5.
Chair. 5.1 With exception to the following situations, the President shall be the Chair of Cabinet Meetings: (a) The President has not show up or refuses to chair the meeting when 15 minutes have passed the commencement time. (b) The position of the President is declared absent in effect of disciplinary action and/or impeachment. 5.2 Due to the absence of the President, the Vice President shall chair the meeting and ensure that the meeting is run in a proper manner and in accordance to normal protocols.
6.
Voting 6.1 The 1st round is casted for at least two-third (2/3) majority of the Executives present; if the 1st round has no agreement achieved, a 2nd round shall be again casted for at least two-third (2/3) majority of the Executives present; if there is no decision yet, a 3rd round shall be casted for majority of the Executives present on the two (2) options with the highest votes in the 2nd round. The President has the same right as other EXCO members to be entitled to a vote, but the President cannot vote in other than the 1st round unless there is a deadlock, he/she is then entitled to a vote. Voting shall be conducted by roll call, unless a motion for secret ballot voting is passed to vote so.
6.2
6.3
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6.4 7.
All resolution passed in the Cabinet Meeting shall be the common view and decision of all Executives and hence, no personal disregarding beyond the Cabinet is allowed.
Adjournment 7.1 7.2 7.3 7.4 All meetings shall have a fixed period. The meeting shall be closed at the end of the fixed period, unless a motion to extend the period is passed by majority of the voting members present via show of hands. If there is unfinished business at the end of the fixed period, a motion shall be passed to adjourn the meeting to a specified upcoming day and time. As and whichever the Chair deems fit, he/she can propose to members present of recessing the meeting for a definite time not more than an hour or adjourning the meeting for a definite time not more than 3 days and to be reconvened according to Clause 2; the proceedings of the subject standing under discussion during when the meeting is adjourned shall be rendered invalid.
8.
Terms of Absence 8.1 8.2 Any Executive absent for a meeting without prior approval from the Chair shall have to submit an official letter to the Chair to explain on his/her absence. The following reasons at the time of meeting shall be permitted as excused absence: (a) Class commitments (b) Work conflicts (c) Previous commitments to other organizations (d) Other assignments under INTIMA which must be carried out (e) To take care of one or more family members or domestic partner in the event of illness or death (f) Religious observances (g) Other emergencies deemed acceptable by the Chair 8.3 Any Executive may be granted Leave of Absence, for either the rest of the session or a portion of the meeting, at a majority agreement of the Cabinet; the Executive concerned shall submit the request to the Secretary. In the event that the Executive is absent for a total of 3 meetings, the Cabinet shall discuss about the action to be taken.
8.4
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ARTICLE IV Section 1 1.
JUDICIARY Jurisdiction
The Judiciary may only have jurisdiction over the following litigations: (a) A student or one or more student groups file a complaint against another student or another one or more student groups. (b) A student or one or more student groups file a complaint against one or more official(s) in the Executive branch. (c) A member of the Cabinet or an Independent Authority, or the whole Cabinet or Independent Authority sues a student or one or more student groups. (d) A member of an Independent Authority or the whole Independent Authority sues one or more official(s) in the Executive branch. (e) One or more officials of IICS file a complaint against a student or one or more student groups. (f) One or more officials of IICS file a complaint against one or more officials in the Executive branch. A student group is defined as an assemblage of students or an assemblage of members of an Affiliate or solely an Affiliate.
2.
The litigations can only be filed for the following violations: (a) One or more Affiliates Constitution and/or Bylaws and/or Statutes and/or Resolutions. (b) INTIMA Constitution and Bylaws and Resolutions. (c) IICS Rules and Regulations.
3.
The Judiciary may not hear unfiled cases which have taken place for more than a year ago. Bench
Section 2 1.
The Judiciary branch shall have the following Justices on the Bench with their primary duties, responsibilities and power listed respectively: (a) Chief Justice i. ii. iii. iv. To be the spokesperson of the Judiciary branch. Assign and preside over panels. Supervise Judiciary officials. Chair business meetings.
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v. vi. vii. viii.
Set and publish agendas for business meetings. Ensure that all decisions of the Judiciary are published in the proper form. Direct a Justice to draft opinions for cases; he/she may dictate him- or herself to draft the opinion which will then be passed by a majority of the justices. Delegate one or more Justices as per case to take charge of and represent one or more students for a personal disciplinary hearing conducted by the Management.
(b) Vice Chief Justice i. ii. iii. 2. Succeed the Chief Justice, in his/her permanent absence, for the remainder of the Chief Justices term of service. Act for the Chief Justice in the event that the Chief Justice is unable to carry out his/her duties temporarily. Preside over panels as assigned by the Chief Justice.
The Chief and Vice Chief Justices shall be nominated by the President and then be presented to the General Assembly for confirmation or rejection at a two-third (2/3) majority of the voting members; if the General Assembly rejects the presidential nomination, it can by internal election procedures of the General Assembly, opt to appoint the Chief and Vice Chief Justices itself or appoint a few Justices while the Chief and Vice Chief Justices are selected among themselves. The Chief Justice cannot overrule the verdicts and interpretations of the other justices and his/her vote has equal legal weight as the other justices. Disciplinary Action
3.
Section 3 1.
Any Justice shall be suspended due to transgression against the INTIMA Constitution and Bylaws or heavy disciplinary problem(s), under unanimous vote of all Justices, except the Justice in question. A petition for disciplinary action signed by at least half of the Bench shall be sufficient to convene a meeting for motion of no confidence against the Justice(s) concerned. The Justice(s) in question shall be given a notice of at least 48 hours prior to the meeting where motion of no confidence is being held. Within 14 days, the suspension on Justice(s) shall be brought forward by the Bench to the General Assembly for Impeachment and its Proceedings. Vacancy
2.
3.
4.
Section 4 1.
Any position in the Judiciary branch shall be declared permanently vacant due to the following situations: (a) (b) Completion of term of service As a result of disciplinary action and impeachment.
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(c) (d) (e)
Death or failure to comply with the basic requirements of INTIMA membership. The Justice concerned delivers a signed resignation letter to the General Assembly or the Bench. Dismissal of the Bench passed by the General Assembly with an agreement of at least a threeforth (3/4) of its voting members at the General Assembly, excluding the ones whom motion of no confidence is taken against.
2.
If any position of the Chief and Vice Chief Justices falls vacant due to the conditions stated in Clause 1(a), (b), (c) and (d), the replacement procedures shall be that as stated in Section 2 Clause 2 and the successors shall be among the Associate Justices if they are still in service; the replacement procedures in Section 2 Clause 2 also apply to any vacancy of position of an Associate Justice whereas in this case, the terms of Chief and Vice Chief Justices shall be understood as Associate Justice. The dismissed Bench shall be replaced in the same meeting session via internal election in the General Assembly following the motion of dismissal. The Interim Judiciary for the dissolved Bench shall serve the remainder of the INTIMA Term. Case Procedures
3. 4.
Section 5 1. 1.1 1.2 Recusal
Any Justice may recuse him- or herself from a case. A majority decision of the bench may recuse any Justice from a case, reasoned that the Justice cannot be impartial given the circumstances of a case. Confidentiality All hearings shall be conducted in closed session. Temporary Injunction For any imminent loss or damage to any body within INTIMA, such party may request upon the Chief Justice a temporary order for an action of the Judiciary, which remains effective until the issue is settled. Within three (3) days upon the issuance of the injunction, the Chief Justice shall convene a special meeting to sustain/dismiss the injunction by a majority vote of the Judiciary. The parties may be offered Arbitration conducted by any Justice or retired Justice, as an Alternative Dispute Resolution since litigation is the last resort. Panel Trial Composition
2. 2.1 3. 3.1
3.2
4.
5. 5.1
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(a) The Chief Justice shall assign a three-justice panel for the complaint(s) not later than 48 hours upon receipt of the complaint. (b) The Chief Justice or Vice Chief Justice shall preside over the panel; if they are unable to preside, the Chief Justice shall assign one of the Associate Justices to be the presiding justice. 5.2 The panel shall meet in a business meeting to decide whether to accept the complaint for hearing pursuant to the following procedures: (a) The panel shall verify the sufficiency of required documents and substance within three (3) school days; the substance hereby refers to the facts of the allegation and determinative of the Judiciarys jurisdiction. (b) If the requirements of the complaint are not attained, the panel shall issue a notice on the rejection to the plaintiff. 5.3 The following cases shall be summarily dismissed as: (a) The charged conduct is not a violation against INTIMA Constitution and Bylaws; (b) The charged conduct is not a violation against the Constitution and/or Bylaws and/or Statutes of the Affiliate concerned; (c) The charged conduct is not a violation against the INTIMA electoral rules; (d) The party does not fall under the jurisdiction of the Judiciary; (e) The complaint has no sufficient ground; (f) No resolution is available to the plaintiff; consequently, the panel shall publish a notice of dismissal attached with an opinion before the trial commences. 5.4 Service (a) Upon verification on the sufficiency of documents and substance, the panel shall forward a copy of the perused complaint to the defendant. (b) The defendant shall file an answer to the panel and serve a copy to the plaintiff within three (3) school days upon receipt of the allegation; if the defendant fails or refuses to file an answer, the defendant is deemed to have denied the complaint. (c) After the due date of the answer from the defendant, the panel shall determine whether to proceed with the hearing within three (3) school days. (d) If the panel determines that the litigation has no sufficient grounds, it shall issue a notice on the rejection attached with an opinion to the plaintiff.
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5.5
Discovery (a) Upon confirmation on the hearing, the panel shall permit a period of seven (7) days for the sharing of information pertained to the suit via the panel, for instance documentary evidence, interrogatories and depositions; the interrogatory hereby refer to a set of written queries delivered by one party to the other, where as deposition is an oral examination conducted by one party on the other on a record. (b) The presiding justice shall distribute all the material evidences shared among the parties, to the panel justices prior to the hearing. (c) A party may submit an objection to the panel as a pre-hearing motion at least 48 hours prior to the hearing, which must be supported by a majority of the panel. (d) The panel may ordain with a subpoena that the opposite party to justify the evidence in question by bringing forth further evidence(s) and/or witness(-es); if the opposite party is unable to provide such clarification, the party shall reply in writing to the panel on the impossibility.
5.6
A hearing shall be conducted not later than five (5) school days after the due date of information sharing and the verdict shall be published not later than five (5) school days after the hearing. Appeal The following conditions shall be eligible for a party to appeal within five (5) school days after the due date of the publication of verdict by the panel: (a) The panel fails to publish the verdict within five (5) school days after the hearing. (b) The panel fails to comply with the timelines stated in Clause 5. (c) The panel fails to consider materially relevant statutes or fact which can change the outcome of the hearing. (d) The panel misinterpreted the INTIMA Constitution and Bylaws or Affiliates Constitution and/or Bylaws and/or Statutes. (e) The panel passed a decision which is inappropriate in view of the offense, such that it is impossible to be fulfilled in the period allotted or is too general in nature. (f) The case presents a novel point of law which requires a decision from the Judiciary en banc. (g) New evidence which is potent to change the outcome of the hearing is discovered. (h) The Justices are interested so.
6. 6.1
6.2
The appellant shall submit the documents and evidences required to the Chief Justice and the Judiciary may decide by a majority vote whether to grant the request for an appeal whether in portion or whole of the case after receiving the documents required for the appeal.
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6.3
The Judiciary shall notify the parties to the appeal in writing within five (5) school days upon the decision on the consideration; Should the Judiciary accept the appeal, it shall forward the perused appellant memorandum to the opposite party; if the Judiciary dismisses the appeal whether in part or whole as there is insufficient ground for the case appealed, it shall issue a notice attached with an opinion. An appellate hearing shall be conducted not later than five (5) school days after the notice of appellant grant is issued. No new evidence or witness is allowed unless as provided under Clause 6.1(c) and (g). The verdict can be passed by a majority of the bench without an actual forum; if a forum is held, the verdict shall be published not later than five (5) school days after the forum. The verdict passed is final. Outstanding Complaints Contract complaint is pertained to violation against the agreement which is agreed upon by both the sponsor and user. Impartiality complaint is related to appealing for activity or funding reconsideration by INTIMA such that the previous decision was not made on the basis of neutrality. Electoral complaint concerns the violation of INTIMA electoral rules by but not limited to candidates, individuals campaigning on behalf of the candidates and IEC; the case must be filed not later than five (5) school days after the release of the electoral result. Personal Disciplinary Hearing by the Management Within three (3) school days upon receipt of a written allegation from the Hearing Body, the Chief Justice shall delegate one or more Justices to take charge of and represent the student(s) for the hearing. Sanctions
6.4
6.5
6.6 6.7
6.8 7. 7.1
7.2
7.3
8. 8.1
Section 6
1. The Judiciary may impose but not limited to the following actions: (a) Warning (b) Monetary compensation to the plaintiff (c) Suspension of account for a period (d) Fine (e) Suspension from INTIMA subsidy for a period (f) Suspension from reserving a space in IICS for a period
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(g) Suspension from INTIMA recruitment fair for a period (h) Mandatory change(s) to the Affiliates Constitution and/or Bylaws and/or Statutes (i) Deregistration from INTIMA acknowledged by the General Assembly (j) Barring an individual from serving in a leadership capacity in INTIMA (k) Suspension of an individuals academic transcript under the approval of SSD, until the monetary debt or bribed amount due to INTIMA or its Affiliate is cleared.
ARTICLE V 1. 2.
THE AFFILIATES
The Chairperson of an Affiliate cannot be a Chairperson for another Affiliate. All Affiliates are required to form a new executive committee two (2) months prior to the INTIMA Presidential Election, according to their constitutional protocols, under the duty of the Outgoing Chairperson, and INTIMA shall ensure that this takes place. The Outgoing Chairperson is not allowed to deregister the Affiliate. Establishment/Revival Recognition of an Affiliate by INTIMA shall not hold INTIMA responsible to all its activities and liabilities. A minimum of 4 students are needed to form or an interim committee among themselves. This committee must consist of a Chairperson, Vice Chairperson, Secretary and Treasurer. A number of 10 members including the interim committee is required for the establishment/revival. The interim committee must fulfill the registration procedures with the INTIMA Executive branch; the approval must be in the affirmative to enable the official establishment of the Affiliate. The formation or revival may be rejected at the discretion of the INTIMA Executive branch. Upon receiving the approval of establishment, the Affiliate must form a proper committee for the Affiliate within 2 weeks. The registration of a new Affiliate shall be reported to the General Assembly at the following assembly. Deregistration An Affiliate shall be considered inactive if it fails to conduct at least a campus wide event and 3 members meetings within three (3) months.
3. 4. 4.1
4.2
4.3 4.4
4.5 4.6
4.7
5. 5.1
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5.2
An Affiliate shall be deregistered by the Executive branch under the condition stated in Clause 5.1 or dissolved by at least a three-forth (3/4) vote by all its members or being incompetently managed; the deregistration shall be reported to the General Assembly at the following assembly. Assets All assets of the Affiliate belong to the Affiliate. No disposal of both tangible and intangible assets through but not limited to resale, donation can be made without the approval of INTIMA. The Affiliate Chairperson must surrender all assets (belongings and remaining funds) of the deregistered Affiliate to INTIMA. Any damage or loss of asset shall be borne by the Affiliate Chairperson and also his/her committee. In the event of deregistration of an Affiliate, non-monetary debts contracted and engagements entered into shall stay with the Affiliate until its revival; monetary debts contracted and engagements entered into shall be borne by the Affiliate Chairperson and also his/her committee. The Affiliates executive committee shall submit a Fiscal Year Report at the end of its term to the INTIMA Executive branch for review.
6. 6.1 6.2
6.3
6.4 6.5
6.6
ARTICLE VI 1. 2.
RELATIONS WITH THE MANAGEMENT
Student Services Department (SSD) shall be the party concerned on student affairs management of IICS. SSD must review and approve the INTIMA budget at least 2 weeks prior to the commencement of the budgetary period; failure to do so constitutes a right by INTIMA to seek approval from the superiors of SSD. Duties and responsibilities of Student Services Department: (a) Inform INTMA on all College Policies affecting the welfare of the students. (b) Advise INTIMA on financial matters. (c) In the case that SSD disagrees with any proposals that have been approved by INTIMA, the Officer-In-Charge of SSD shall convene with the INTIMA Senior Official concerned to resolve any issues that may arise. (d) Assist INTIMA Affiliates in identifying advisers once by the end of the Affiliates term; the Affiliates can reject the recommended choice of adviser(s).
3.
4. 4.1
Affiliate Adviser The adviser(s) must have accepted the appointment voluntarily.
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4.2
Preferably, each Affiliate should have at least an adviser among the staffs of IICS; IICS Directors and their Superiors shall not hold the office of adviser for any Affiliate. In general, the term for an Adviser shall be one (1) year. Advisers shall be officially invited by Student Services Department every term with the recommendation and approval from the executive committee of the Affiliates.
4.3 4.4
ARTICLE VII Section 1 1.
ELECTION Rules and Regulations
The presidential candidates shall form their running parties of two, which consist of a President and Vice President respectively. The presidential campaign shall be allotted a period of 2 weeks. When voting, students must produce their student identity cards. Voting is by secret ballot. The votes shall be counted in public. The duties of the incoming Officials shall officially commence upon their inauguration. Independent Election Commission
2. 3. 4. 5. 6.
Section 2 1.
An Independent Election Commission (hereafter known as IEC) is an authorized body with no more than 10 members for supervising the implementation of electoral protocols. An IEC shall be nominated by the General Assembly and passed at a majority vote of its voting members. Each school shall have a member sitting in the IEC. Once the IEC has been authorized, it must act impartially for the whole duration of the election. The IEC will plan, organize, execute and evaluate the election. The IEC can reject a candidate; the rejected candidate can appeal to the Judiciary. The IEC shall: (a) Set the application dates. (b) Interview the candidates to ensure that the goals of the candidates are consistent with the objectives of INTIMA. (c) Set the campaigning dates.
2.
3. 4. 5. 6. 7.
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(d) Set the voting and ballot counting dates. (e) Be fully in charge of all publicity efforts of the election which include the announcements of the commencement of application and result of election to all students. (f) Submit an electoral report which includes a summary of activities performed by the commission, appraisal, accounts statement (if cost is incurred), etc. after the election to the General Assembly to be adopted. 8. The composition of the IEC as follows shall be elected via nomination and voting among themselves by a majority vote: (a) Chairperson (b) Vice Chairperson (c) Secretary (d) Members 9. Duties and responsibilities of IEC members: (a) Chairperson i. ii. iii. iv. v. vi. vii. Serve as the Chief Operations Officer and an executive of the commission. Ensure that the commission is operating in accordance to INTIMA Constitution and Bylaws. Delegate task and responsibilities to the commission members. Carry out strategic planning, required delegation and supervision of the commission. Chair commission meetings according to normal protocols. Ensure the accuracy of the overall election result. Announce the election result.
(b) Vice Chairperson i. ii. iii. iv. Serve as the deputy to the chairperson and an executive of the commission. Assist the chairperson in discharging his/her duties. Act for the chairperson during his/her temporary absence. Ensure that all commission meetings are chaired according to normal protocols.
(c) Secretary i. ii. iii. Serve as the administrative officer and an executive of the commission. Custody of records of all official documents of the commission. Custody of the seal of the commission.
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iv. v. vi. vii.
Ensure that the minutes be taken for all commission meetings and passed as correct by the following meeting. Responsible for preparing the agendas of commission meetings. Responsible for the preparation of official operational documents. Draft, sign and issue all commission circular notes and internal letters.
(d) Members i. ii. iii. iv. Section 3 1. 2. Serve as the operations officers and part of the executives of the commission. To execute promotional efforts of the election. To support the operations of the commission. To assist the secretary in administrative work. Reelection
A reelection may be conducted under the decision of the Judiciary on an electoral complaint. The General Assembly shall nominate and authorize a Reelection Committee with no more than 10 members to take charge of the reelection; the IEC members for the previous election shall not sit in the Reelection Committee.
ARTICLE VIII 1. 2.
FINANCE
The INTIMA fund is held by the IICS Treasury Department. The INTIMAs accounts shall be closed by the end of the Executive branchs fiscal year and to be audited by the Audit Board before the accounts are submitted to SSD for external audit. The INTIMA fund balance must be always consistent with that of the figures of the fund balance held by the IICS Treasury Department. The transferring of cash from the IICS Treasury Department to the INTIMA Department of the Treasury (hereafter known as DOT) or the Affiliates must always be signed by the appointed recipient on the cash acceptance voucher and the person signing the cash acceptance voucher will be held accountable for the cash accepted. INTIMA Budget Within five (5) school days upon inauguration of the Executive branch, the DOT shall collect all budgets from the Affiliates. The DOT shall then prepare a budget within two (2) weeks and be submitted to the SSD for acknowledgement.
3. 4.
5. 5.1 5.2
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5.3 5.4 6. 6.1
SSD shall revert the budget to the DOT within two (2) weeks, after being acknowledged by the Management. A SSD Officer may advise an Affiliate in preparing their budget which shall be submitted to the DOT for approval. The Affiliates If a particular project generates revenue, there must be a prior agreement between DOT and the Affiliate(s) involved as to how the net profit should be distributed while SSD shall be informed of this agreement before the project commences. In the event the project costs exceed the budgeted amount, the DOT with the supervision of SSD shall decide what financial decision to be taken. Affiliates shall submit an audited Statement of Receipts and Payment along with monthly accounts to DOT and SSD at the end of every month. Make-up Receipts per recipient exceeding the amount of RM30.00 each shall not be considered for refund unless it has been approved by the DOT and SSD prior to the purchase. Make-up Receipts per recipient NOT exceeding the amount of RM30.00 may be considered for refund, subject to the approval of the DOT, President and SSD.
6.2
6.3
6.4
6.5
ARTICLE IX Section 1 1. Section 2 1.
RULES OF ORDER Application Voting Rights
The statutes as follow are drawn up to govern protocols at all General Assemblies.
Voting Privileges shall include the rights to propose or second motions or nominations. Speaking Privileges
Section 3 1. 2.
Speaking Privileges may be granted to any attendee upon majority passing by the members present with voting privileges. Speaking Privileges include the right to address the meeting, raise parliamentary points, but not to move or second motions/nominations. Parliamentary Procedures
Section 4 1. 2. 3.
All motions (including amendments) shall be proposed and seconded; no discussion shall be allowed on a motion before it is seconded. After the seconding of a proposed motion, the proposer shall proceed to speak on his/her motion. After the proposer introduces the motion, it is then open to discussion and amendments.
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4. 5. 6.
Debate shall be restrained to immediate pending question, which is stated by the Chair. The Chair shall rule out of order any speaker who fails to adhere to the subject of discussion. One amendment to the original motion is allowed to be discussed at a time, provided that amendment has been proposed and seconded; further amendments to the original amendments can be laid on table but no discussion of future amendments is allowed before the original amendment is put to vote. The proposer of an original motion is entitled to reply at the end of the debate upon his/her motion; for motion of amendment moved upon the original motion, the mover of the original motion is allowed to speak thereon while the proposer of the amendment is permitted to reply at the end of the debate upon his/her amendment. No further discussion of the question is allowed when the question is set out by the Chair. The Chair or the floor (assembly) may curtail a discussion on a motion (including amendments) via a passed procedural motion; the Chair shall state the remaining time before the debate is forced to an end. Once the Chair has stated the motion of amendment, it cannot be withdrawn unless the assembly passes it via unanimous consent. During discussion on motion/amendment, the motions as follow are in order and to be accepted in the order of precedence below: (a) Vote of no confidence in the Chair (b) Withdrawal of a motion (c) Adjournment (d) Recess (e) Reserve a decision by the Chair (f) Suspension of Rules of Orders [two-third (2/3) majority of voting members present] (g) End a debate (h) Vote upon current motion immediately (i) Reject a motion (j) Limit or extend the time for debate (k) Postpone consideration of a motion to a fixed time (l) Refer to committee The above procedural motions require proposal and seconding; the Chair is allowed to limit the debate on any of them, provided that the proposer and speaker of the opposition howsoever have the right to speak if they desired so.
7.
8. 9.
10. 11.
12.
The Chair shall identify the request from the floor according to the following order of precedence:
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(a) Point of order (b) Point of personal privilege (c) Point of information (d) Other intervention 13. A point of order which shall be heard at all times except during the conduct of voting, shall concern the conduct of meeting procedure, indecorum, violation of Rules of Orders/Constitution/Bylaws and calling attention to the introduction of issue unrelated to the question under consideration. In the event that information is required from or offered to the one having the floor, the floor holder may choose either to be interrupted or not. If procedural motion is defeated, 20 minutes shall elapse before it can be received by the Chair, provided the Chair perceives that none of the situations in between has materially changed. Resolution (a) A reconsideration of an adopted or rejected motion is permitted as long as it is in order and passed by the assembly with a two-third (2/3) majority of the voting members present. (b) The reconsideration of a resolution passed in a General Assembly shall only be conducted at another meeting of which it is tabled on the agendas.
14. 15. 16.
ARTICLE X 1.
ALTERATION TO THE BYLAWS
The revocation of part or whole of this bylaws can be amended in adherence to the following criterion: (a) The amended contents and regulations in these bylaws cannot contradict each other.
2.
The procedures of amendment or repeal shall be: (a) In need of amendment, the General Assembly shall pass a motion of nominating and authorizing a Legal Review Commission in amending these Bylaws at a two-third (2/3) agreement of the voting members in the General Assembly. (b) The commission shall have the following positions within 60 days after the authorization: i. ii. iii. Chairperson Secretary Executive Members
This commission shall include 2 Cabinet members and 5 non-Cabinet INTIMA members with voting privilege. (c) The commissioners shall collect the required information and suggestions, convene meetings, discuss, vote on and prepare the draft of the amended details within 60 days since authorization.
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(d) The commission shall then distribute a copy of the proposal to all INTIMA members with voting privilege and SSD one week in advance before the matter is to be discussed and explain the nature and the reasons for the proposal. (e) The General Assembly may discuss and further amend the proposal submitted by the commission at a two-third (2/3) agreement of its voting members to be the latest INTIMA Bylaws. 3. The commission shall be declared dissolved upon the adopting of the amended Bylaws by the General Assembly. END OF BYLAWS Notes Note 1: Original hardcopy version was prepared by the 24th INTIMA. Note 2: Revision was performed by the 35th INTIMA. Softcopy was created by the 35th INTIMA on 9th March 2011. Note 3: Both soft- and hardcopy of INTIMA Constitution and Bylaws were further revised and drafted by the 36th INTIMA. Date of adopting of proposed amendment: 29 August 2012; Publication date: 29 August 2012; Date of coming into operation: 30 August 2012.
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INTIMA Constitution &amp; Bylaws (Revised Aug 2012)

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INTIMA Constitution &amp; Bylaws (Revised Aug 2012)

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INTIMA Constitution & Bylaws

ARTICLE I Section 1 Name

ARTICLE III Section 1 1.

GENERAL PROVISIONS Non-Profit Status

FUNDAMENTAL RIGHTS Nondiscrimination Statement

AMENDMENT TO THE CONSTITUTION

LEGISLATURE Committee on the Judiciary

4.3 4.4 5. 5.1

5.2 5.3 5.4

ARTICLE III Section 1 1. 2.

iii. iv. v. vi. vii.

xii. xiii. xiv.

v. vi. vii. viii.

vi. vii. viii.

iii. iv. Section 2 1.

2.2 2.3 2.4 3.

v. vi. vii. viii.

(c) (d) (e)

Section 5 1. 1.1 1.2 Recusal

RELATIONS WITH THE MANAGEMENT

ARTICLE VII Section 1 1.

ELECTION Rules and Regulations

iv. v. vi. vii.

5.3 5.4 6. 6.1

ARTICLE IX Section 1 1. Section 2 1.

RULES OF ORDER Application Voting Rights

14. 15. 16.

ALTERATION TO THE BYLAWS

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INTIMA Constitution & Bylaws (Revised Aug 2012)

INTIMA Constitution & Bylaws (Revised Aug 2012)