Programs Finance Committee

ASUO Programs Finance Committee By-Laws

1. Membership

1. Members shall be elected in accordance with sections 7 and 12 of the ASUO Constitution.

2. Vacant seats shall be filled in accordance with Article 5 section 4 of the ASUO Constitution

3. The terms of all members shall run in accordance with Article 7 section 1 of the ASUO Constitution.

4. No member who, during his or her term is guilty of non-fulfillment of duties by the ASUO Constitution Court, pursuant to Article 10, section 13 of the ASUO Constitution, may serve on the committee.

5. At the beginning of each term, members shall prepare a statement listing all ASUO organizations that they are in any way involved with or with which they may have a conflict of interest. That list shall be made available to the public by the Vice-Chair by the second week of the term.

(a). or within two weeks of confirmation to the PFC position.

2. Meetings

1. The committee shall meet at least once during any three week period, and as necessary to complete the budget hearings, exclusive of dead week, finals week, and any period the University is not in regular session. Notice of all meetings shall be submitted to the Oregon Daily Emerald at least 24 hours before the meeting.

2. Meetings must be called by the Chair or 4 members of the committee.

3. Unless otherwise set forth in these rules, the committee shall use as a guideline "Robert's Rules of Order" during all meetings with the following exception:

(a). The chair of the Programs Finance Committee may depart from the normal procedure of meetings rules for circumstances of order, so long as it does not violate the current Oregon Public Meeting Laws.

4. A quorum shall be 2/3 of the filled seats but not less than 4 sitting members.

5. A quorum of 4 is necessary to elect officers. A temporary Chair may be selected until a permanent Chair is elected.

6. All meetings shall be subject to the Oregon Public Meetings Law.

3. Officers

1. The Chair shall:

(a). Be selected by the committee.

(b). Preside over meetings.

(c). Be responsible for the payment of stipends.

(d). Be responsible for the orientation of new members.

(e). Maintain at least 5 office hours where 3 are spent in the Programs Finance Committee office or ASUO Executive.

(f). These shall be in addition to any Committee office hours one may hold.

(g). Assume all responsibilities that are necessary for the operation of the committee.

(h). Be responsible for updating or delegating the responsibility for updating the Programs Finance Committee web page with the current years members, contact information, minutes, programs budgets, and hearings schedules.

2. The Vice-Chair shall:

(a). Preside over the committee in the event that the Chair is absent.

(b). Be responsible for the minutes.

(c). Be responsible for the compilation of the minutes at the end of the year.

(d). Be required to keep track of all computer, e-mail, and other passwords used by the Programs Finance Committee.

(e). Check and respond to the Programs Finance Committee e-mail unless this duty is assigned by the chair to another member.

(f). Assume responsibilities delegated by the Chair.

4. Duties

1. Members shall:

(a). Hold 3 office hours per week. Office hours shall be between 8am and 6pm Monday through Friday in the Programs Finance Committee office or ASUO Executive.

(b). Attend regularly scheduled meetings on time.

(c). Check mailbox and phone for messages during each office hour.

(d). Assume responsibilities delegated by Chair.

(e). Be responsible for reading the PFC by-laws, and other documents substantially related to the fee funded budgetary process.

(A). These documents are, but not limited to: ASUO Constitution, ASUO Executive Rules printed in the Green Tape notebook, The University of Oregon Clark Document, Rules of the University of Oregon Student Senate (Sections 8.2, 9.2, 9.3, 9.4, 9.7, 9.10, 9.11, 9.17, 9.20), and the most current budget book available.

(f). Accept their Tag assignments and reasonably attempt to contact and assist the student group with the budget process.

(A). Contacting is defined as sending e-mail, calling, leaving messages, or physically interacting with the student group representative.

(B). Reasonable is defined as using the contact information supplied by the ASUO about the group and making at least 3 attempts to contact.

(C). Assisting is defined as but not limited to answering questions, directing the group to the appropriate resources for budgetary information, helping them understand the process of funding, and process of budget submission.

(D). These activities should occur during the members regularly scheduled office hours and members are not required but strongly encouraged to allow time outside of office hours to conduct these activities.

2. Non-fulfillment of duties may occur if a Member:

(a). Misses three consecutive meetings.

(b). Misses 1/2 of all regularly scheduled meetings during a 3 week period.

(c). Fails to maintain 1/3 of weekly office hours for two consecutive weeks.

(d). Fails to perform duties as described above (Section 4.1).

(e). Exceptions in cases of extreme hardship may be allowed by 2/3 vote of current sitting members.

5. Discipline

1. Any Member of the ASUO may bring a complaint before the Constitution Court against any Member for non-fulfillment of duties pursuant to Article 10, section 13 of the ASUO Constitution.

2. Any Member may move to censure any other Member for non-fulfillment of duties.

(a). Such motion must be made in writing, copies of which shall be delivered to all members at least 72 hours prior to the meeting at which the motion will be made.

(b). The motion shall include:

(A). The name of the motion’s maker.

(B). The name of the member against whom censure is sought.

(C). A detailed account of the allegations, including all relevant facts and sections of the ASUO Constitution and/or Committee Rules that were violated.

(D). The punishment being sought, in accordance with Rule 6.2(g) of the ASUO Senate rules.

(c). On being seconded, the motion shall be postponed, without discussion, until the second regularly scheduled meeting following the meeting at which the motion was made.

(A). If the term of the member against whom censure is sought expires before the second meeting, the motion shall be withdrawn.

(d). The Chair shall, within 24 hours of the motion being made, notify in writing the ASUO Executive, the presidents of the University Committee and Assembly, the chairs of any committee upon which that member server, and the Oregon Daily Emerald.

(A). The notice shall indicate:

(i). Against whom the complaint is being made.

(ii). By whom the complaint is being made.

(iii). The opportunity for the recipient of the notice (except for the Oregon Daily Emerald) to submit a written response to the motion.

(1). Such response may be either in favor of or opposed to the motion, but shall carry no decisive authority.

(2). Such response must be received by the Chair not later than the next regularly scheduled meeting.

(3). Oral statements may be given upon a majority vote of the filled seats, following a motion by any member.

(a). Such a vote is required for each speaker.

(iv). The time and place for the censure hearing.

(B). The notice shall include a copy of the written motion including a notation of who seconded.

(e). The Chair shall, within 24 hours of the motion being made, cause to be delivered, to the member against whom censure is sought formal notice of the pending action. Such notice shall be delivered via personal service (for which a signed receipt must be obtained) or certified mail (with restricted delivery).

(A). The notice shall describe the nature of the pending action, including the authority under which the action is being taken, the times and places for all events that are to occur pursuant to the action, a copy of the motion including a notation of who seconded, and a notice of the member’s rights, including:

(i). The right to counsel.

(ii). The right to present and rebut evidence.

(iii). The right to take testimony under oath.

(iv). The right to depose and/or subpoena witnesses.

(v). The right to cross-examine witnesses.

(vi). Any other rights required by these rules, the ASUO Constitution, University Rules, and the laws of the State of Oregon and the United States.

(f). Hearing format

(A). The committee shall conduct the hearing in executive session pursuant to ORS 192.660(1)(a)(D)(b), unless the member being censured requests an open hearing.

(B). The member seeking censure and the member against whom censure is sought, in that order, shall each have 30 minutes to present their case and 15 minutes of rebuttal time.

(C). The Chair shall cause to be entered into the record (which shall be written and recorded on either audio or video tape) any written responses received pursuant to Rule 6.2(d)(A)(iii). Copies of these responses shall be given to all members 48 hours prior to the hearing. Copies shall also be made available to all members of the media who request copies.

(D). Additional oral statements may be made in accordance with Rule 6.2(d)(A)(iii)(3).

(E). Both sides shall then have five minutes to deliver closing arguments, in the same order as before.

(F). The committee shall then deliberate on whether there is sufficient evidence to censure the member.

(i). Neither party to the action may partake in the deliberations or voting.

(G). The final vote shall be held in open session, and that vote shall be by roll-call or, upon majority vote of the Committee, by hand count.

(i). Votes shall be recorded and placed in the official record of the hearing.

(H). If the committee votes not to censure the member, the motion is killed and may not be reconsidered.

(I). If the motion is passed, the Chair shall cause to be entered into the record the exact wording of the motion as passed and the punishment, if any, imposed.

(i). Such punishment shall become effective immediately.

(g). Available forms of discipline are limited to:

(A). Suspension from the Committee for up to three weeks, with or without pay; and/or

(B). Loss of stipends for up to one month; and/or

(C). Removal from position as Committee officer; and/or

(D). In severe cases, the Committee may forward to the Constitution Court articles of impeachment against the member.

(h). The decision of the Committee to censure a member may be appealed to the Constitution Court.

6. Fee Allocations

1. The committee shall recommend a budgeting benchmark to the Senate by November 21 (ASUO Constitution Article 7, section 7).

2. The committee shall publish the deadlines for program budgets by October 21.

3. The committee in conjunction with the ASUO Finance Department shall publish the budget book by March 30.

4. The committee shall publish the budget process schedule by January 15.

5. The committee shall present a completed budget to the Senate by February 22.

(a). The committee shall submit 20 copies of their budget to the Senate.

6. Budget Hearings and Process:

(a). All programs must submit with their budget a goal statement that contains a nondiscrimination clause (Title 9), the Attorney Generals opinion [44 Op. Attorney General 448 (1985)] and have it approved by the Programs Finance Committee by a 2/3 vote before having their budget approved pursuant to University of Oregon Clark Document, Part D: Hearing Format.

(A). University of Oregon Clark Document, Part D: Hearing format, defines acceptable goal statements as those that meet the statutory standard of ORS 351.070(3)(d) which authorizes the OSBHE to collect fees to fund programs for the cultural and physical development of students.

(B). The Programs Finance Committee will only consider funding programs or projects that meet the statutory standard.

(C). Any Program containing subgroups must submit a goal statement for each subgroup if they wish to enter the budgeting process.

(b). All line item requests must be in compliance with ASUO Programs Finance Committee by-laws 6.7 to be considered in the budget process.

(A). Any line item request that does not adhere to these restrictions may be defunded or excluded by a vote of the PFC.

(i). This decision may be appealed to the Student Senate pursuant to ASUO Constitution Section 6.10 and Student Senate Rules 9.10.

(c). Any budget request that does not meet Programs Finance Committee by-laws 6.7 may be tabled or rejected until such time that the budget request and/or goals are in full compliance.

(A). This decision may be appealed to the Student Senate pursuant to ASUO Constitution Section 6.10 and Student Senate Rules 9.10.

(d). Past and current years fiscal accountability, ASUO Executive budget recommendation, adherence to all rules of the ASUO, State of Oregon, and Federal guidelines, regardless of leadership or member turnover, will be considered as a basis for continued funding levels.

(A). Fiscal accountability is defined as how well the group has used the money allocated to them in past and current years. This information is provided by the ASUO Controllers in the Post Close book, prior year ledgers, current year ledgers, and the Budget Book.

(e). The committee shall not allocate budget requests to any Program that does not demonstrate full financial disclosure.

(A). Programs shall disclose all financial resources, including donations from any source, and any other information which is reasonably required to give an accurate description of the program's resources.

(B). Such disclosure shall include, but is not limited to: Off campus bank accounts, EMU Trust Funds, UO Department Accounts, UO Foundation Accounts, Fundraising accounts, charges for services and related income, donations and gifts.

(f). All incidental fee funded organizations shall submit a line-item budget and be able to produce records upon request showing appropriate use of funds to the PFC.

(g). If any Program fails to submit an acceptable budget on time, without formally writing a letter to the committee at least two business days before the due date describing in detail why they need an extension, their budget shall not be heard and they will not receive funding for the following year. Extensions will be granted at the discretion of the Committee and Chair.

(h). Each Program will be guaranteed ten minutes of presentation time before budget deliberations, unless the Chair and Program director agree to another period of time. Extensions will be granted at the discretion of the Committee and Chair.

(A). Any Program may file an appeal of any Programs Finance Committee decision on any line-item amount within their budget. Appellants must follow the published appeals process.

(i)

(A) Programs will be allowed to make amendments to their submitted budget proposal at their respective budget hearing, up to five line items.

(i) None of the five amendments may be related to payroll.

(B) A program may amend more than five line items and payroll related line items as follows:

(i) Submit the amendments in writing to the ASUO Controller’s office.

(ii) An original plus nine copies must be submitted.

(iii) Amendments must be submitted no later than 48 hours prior to the hearing.

7. Spending and Allocation Restrictions:

(a). No incidental fees shall be spent on alcohol, tobacco, food, drink, or the appurtenances thereof.

(A). Specific Programs that have food holding accounts may use these accounts to purchase food for a pre-approved event.

(B) Food and drink may be purchased if for the cultural and physical development of the University, and open to all fee paying students.

(b). All budget requests and expenditures must meet ASUO Senate Rule 9.13(b), ASUO Exec R 82.1, 82.4, 84.3 (revised 1987), 88.1, ASUO 2.3, 2.4, statutory standard ORS 351.070(3)(d), which authorizes the OSBHE to collect fees to fund programs for the cultural and physical development of students, the University of Oregon Clark Document, as well as all State and Federal entitlements.

(c). Major Programs as defined in the University of Oregon Clark Document Section D, and ASUO 6.15, may not be reduced in whole by more that 10% in one year unless the Major Program agrees to the change.

(A). The Major Programs are: ASUO Programs, the Athletic Department, and the incidental fee portion of the EMU budget.

(d). A Major Program may not be increased by more than 7% over the previous years incidental fee assessment, unless individually approved by an initiative or referendum.

(e). Traditionally Funded Programs as defined in the University of Oregon Clark Document Section D: Recommendation Format and Criteria, may not be reduced by more than 25% of their total budget without a unanimous vote of the Programs Finance Committee.

8. Appeals:

(a). Policy decisions may not be appealed.

(b). Appeals must be submitted by the 5th working day (the day after the decision is day 1) at 5:00pm from the decision of the PFC.

(c). Appeals must be in the following format:

(A). Submitted on the PFC approved budget appeal form.

(B). A full description of the reason of appeal and line items appealed must be written on or attached to the appeal form.

(C). It must be signed or stamped, and dated before the 5 day deadline by either the ASUO controllers office, or a current member of the Programs Finance Committee to be valid.

(d). Any appeal not filed in the above manner may be rejected without further consideration. Exceptions can be made by a 2/3 vote of sitting PFC members.

(e). Filing an appeal does not guarantee being heard on said appeal.

(f). All Programs who are granted appeals will be given the same consideration of time and meeting format pursuant to PFC by-laws 6.6(h) as in the original budget hearing.

(g). A group may file up to 3 appeals on the same budget.

(h). After these appeals are exhausted the group may appeal to the Student Senate pursuant to the ASUO Constitution Section 6.10 and Student Senate Rules 9.11-9.13.

(i). Exceptions to appeal filing guidelines may only be made by a 2/3 vote of the sitting PFC members in attendance when the appeal is being considered.

(j). In the event that a Program cannot be given 5 days to appeal due to budget deadline considerations, the Program must file before the last scheduled appeal meeting, or ask the PFC to convene a special session (see section 2.2) for hearing the appeal.

7. Miscellaneous

1. These rules shall become effective upon approval by 2/3 of the committee, unless invalidated by the Constitution Court.

2. These rules may be changed or suspended by a 2/3 vote of the committee.

Ratified February 25, 2002

Ratified February 25, 2002

Send mail to nhasan@gladstone.uoregon.edu with questions or comments about this web site. Last modified: March 16, 2002

Send mail to nhasan@gladstone.uoregon.edu with questions or comments about this web site.
Last modified: March 16, 2002