BYLAWS TO THE CONSTITUTION OF THE WISCONSIN HOOFERS

Approved by Hoofer Council April 27, 2009, November 16, 2009

Article I

The emblem of the Wisconsin Hoofers of the Wisconsin Union herein referred to as Hoofers, shall be a black horseshoe superimposed upon a red W.

Section 1.        All voting members of Hoofer Council shall by virtue of their office be entitled to join all of the affiliated clubs each for the price of the general activity fee.

Section 2.        The Hoofer advisor(s) shall be ex-officio non-voting member(s) of Hoofer Council and its affiliated clubs.

Section 3.        By a vote of the majority of the voting members of the entire Council, any person may be granted an honorary life membership in Hoofers.  Persons so honored will be so informed in writing by the Hoofer Council President.

Section 4.        Yearly honorary memberships in Hoofers may be granted by a majority of Hoofer Council.

Article II – Composition and Governance of Hoofer Council

Section 1.        A quorum of Hoofer Council shall consist of a majority of the voting members of the entire Hoofer Council.

Section 2.        Hoofer Council shall consist of Hoofer Council Executives, Hoofer Council Chairpersons, Club Representatives, and non-voting members.

Section 3.        Hoofer Council Executives, consisting of the President, the Vice-President of Programs, the Vice-President of Administration, the Vice-President of Finance, and the Secretary, shall meet on a weekly basis during the academic year and as needed during breaks to discuss current issues coordinate the current projects of Hoofer Council, and set the next Hoofer Council agenda.

Section 4.        Hoofer Council Chairpersons shall be the chairs of Hoofer Council subcommittees responsible for various areas of Hoofers. These subcommittees shall not be of predetermined size. They will be formed at the Chairpersons’, Executives’ or Council’s discretion and will meet as needed. The current subcommittees of Hoofer Council will be listed on the official Hoofer website and on file in the Outdoor Programs Office.

Section 5.        Each affiliated club shall appoint a permanent representative to Hoofer Council.  The president of each affiliated club shall submit to the Hoofer Council President a list of alternate representatives, or she/he may authorize a substitute with voting power by notifying the Hoofer Council President prior to the meeting at which the substitute will sit on Hoofer Council.

Section 6.        Non-voting members of Hoofer Council are selected by Presidential appointment and approved by a Hoofer Council simple majority. Non-voting members are required to attend at least two Hoofer Council meetings per semester.  Current non-voting members of Hoofer Council and position descriptions shall be listed on the official Hoofer website and on file in the Hoofer Office.

Section 7.        Duties of Hoofer Council members shall be listed and described in the current position description of each position. Current position descriptions for all Hoofer Council positions shall be filed with the Outdoor Programs Office at the Wisconsin Union and shall be available on the Hoofer website.  Position descriptions may only be adopted or changed by a majority vote of the voting members of the entire Hoofer Council.

Section 8.        Hoofers shall be governed by common etiquette and respect as well as any rules adopted by Hoofer Council.  If the need arises, the rules contained in the current edition of Robert’s Rules of Order may be used to govern Hoofers for any one meeting or any portion of one meeting if agreed upon by a majority of the voting members present.  Robert’s Rules of Order shall only be used in cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules Hoofers may adopt.

Section 9.        Proxy voting is prohibited, but Hoofer Council members are permitted to vote on specific issues by an emailed or written absentee ballot submitted to the Hoofer Council President prior to the vote.

Article III – Selection and Turnover of Hoofer Council

Section 1.        No later than the last week of February, the Hoofer Council Vice President of Administration, who shall act as the Hoofer Council Elections Commissioner, shall make known to the general membership of Hoofers the availability of Hoofer Council positions for the coming year and the selection procedure for obtaining those positions.

Section 2.        Selection procedure for new Hoofer Council Executives

a.         No later than the first Hoofer Council meeting of March, current Hoofer Council Executives shall set up a timetable for election procedures that shall provide for the following:

1)         The new Hoofer Council Executives shall be named no later than the end of the 1st week of April.

2)         Nominations shall open at least one week after the notification of the general membership of Hoofers of the availability of Hoofer Council positions for the coming year.

3)         Nominations shall remain open for at least one full week.

4)         The elections shall run for at least one full business week.

b.         All nominations must be accepted by the nominee by submitting a written platform to the commissioner of elections.  No nomination that has not been accepted shall be considered.

c.         All valid nominations that accept their nomination shall appear on the election ballots.

Section 3.        Election procedures for Hoofer Council Executives

• Election shall be by secret ballot.  To prevent duplicate voting, voters may be required to write their name on the ballot, but this information shall remain secret.  If a voter wishes to have an anonymous ballot, they may do so by registering their name with the Hoofer office.  Each member will be permitted one anonymous ballot per election.  As soon as that member has received his/her anonymous ballot, he/she shall be marked as having voted regardless of whether or not they turn in that ballot.
• The ballot box shall at all times be under the supervision of individuals approved by Hoofer Council.  Election security shall be the responsibility of the Hoofer Council elections commissioner.
• The ballot box shall be open no later than 9 a.m. and close no sooner than 4:30 p.m. Monday through Thursday of the week of elections.  Additionally, the ballot box shall be open no later than 9 a.m. and close no sooner than noon on Friday of the week of elections.  The ballot box shall also be available for an appropriate amount of time during that week at any scheduled meeting of Hoofers or an affiliated club.
• Write-in votes are permitted.
• Votes may be submitted via email to a person designated by Hoofer Council.  The designee shall print the email and place it in the ballot box.  By voting via email, the voter forfeits his/her right to an anonymous ballot.
• Each current member of Hoofers shall be allowed one vote regardless of how many affiliated clubs of which he/she is a member.
• A ranking system shall be used for voting.  Each voter shall rank the candidates in the order of preference (a ranking of 1 indicating the greatest preference).  Upon counting the votes, if no one candidate has a majority of the votes, an instant run-off system shall be used:  The candidate with the fewest votes shall be dropped and all votes that had been given to that candidate shall be given to the voter’s next choice.  This shall be repeated until one candidate has a majority of the vote.
• At least three (3) designees of Hoofer Council shall count the ballots in the presence of at least one of the Hoofer advisors.  The person receiving the most votes for each office shall succeed to that office.  The names of the winners shall be posted within three days after the ballot box closes.  However, in case of a tie Hoofer Council shall decide how the winner will be chosen and post his/her name within three days after the meeting of Hoofer Council.

Section 4.        Selection procedures for Hoofer Council Chairpersons

a.         The Hoofer Council Chairpersons (as defined in Article II Section 4 of these bylaws) shall be selected by the newly elected Hoofer Council Executives.

b.         Applications for Hoofer Council Chairperson positions shall be due no later than one week after the announcement of the new Hoofer Council Executives.

c.         The newly elected Hoofer Council Executives shall select the Hoofer Council Chairpersons with the following criteria included in their considerations:

1)         Qualifications to perform the duties of the position

2)         Status as a UW-Madison student (Hoofer Council must maintain a two-thirds majority membership of students)

3)         Balance of representation of affiliated clubs

d.         Selections shall be decided upon no later than the  third Hoofer Council meeting in April; vacancies may be left open at the discretion of Hoofer Council Executives until a suitable candidate for a position is found.

e.         Each of the selections for Hoofer Council Chairpersons shall be approved by a majority vote of the voting members of the entire sitting council.

Section 5.        Implementation procedures

• Changeover shall take place on the date of the last Union Council meeting of the academic year.
• A position guide shall be maintained for each position on Hoofer Council to help facilitate the transition process.
• The new Hoofer Council shall convene no later than the last week of classes in the spring term.

Section 6.        Vacancies

• If the Presidency is vacant, Hoofer Council shall select one (1) of the three (3) Vice Presidents to become President by a majority vote of the voting members of the entire Hoofer Council excluding any vacant positions.
• If the President and all three (3) Vice President positions are vacant, a new President shall be appointed by a two-thirds vote of the voting members of the entire Hoofer Council excluding any vacant positions.
• All other administrative vacancies shall be filled by a Presidential appointment subject to approval by a majority vote of the voting members of the entire Hoofer Council excluding any vacant positions.
• A vacancy of the representative of an affiliated club shall be filled in accordance with the constitution and/or bylaws of that club.

Section 7.        Recall

• The representative of an affiliated club may be removed only in accordance with the provisions set forth in the constitution of that club or for revoked memberships.
• Any other voting member of Hoofer Council may be removed by a three-fourths vote of the voting members of the entire Hoofer Council, exclusive of the member whose removal is being voted on and any vacancies.
• Non-voting members of Hoofer Council may be removed by a two-thirds vote of the voting members present.
• No recall vote of a member of Hoofer Council is valid unless the member has been notified and a recall notice has been posted via all commonly used channels of announcing Hoofer meetings for at least the six days prior to the meeting at which the recall vote is being taken.  The recall notice shall specify the Hoofer Council member sought to be recalled, and the time, date, and place of the hearing and recall.
• Any member of a committee appointed by Hoofer Council may be removed by a majority vote of Hoofer Council.

Article IV – Tasks and Powers of Hoofer Council

Section 1.        Hoofer Council shall have the authority to make any decision regarding Hoofers that is not expressly denied by the Hoofer Constitution, these bylaws, the policies of Hoofers, or any superseding organization.

Section 2.        The Hoofer Council Executives shall, in the absence of Hoofer Council, have the authority to take actions, by majority vote, they deem necessary to protect Hoofers, any of the affiliated clubs, or any individual members.  Any such action can be subject to review by Hoofer Council.

Section 3.        Hoofer Council shall maintain a record of its rules in the Hoofer Standing Rules maintained by the Hoofer Council Secretary on the official website of Hoofer Council and filed in the Outdoor Programs Office.

Article V – Affiliated Clubs

Section 1.        An affiliated club shall come into existence upon presentation of a constitution and/or bylaws to Hoofer Council, a public hearing on the proposal by Hoofer Council, and acceptance by a two-thirds vote of Hoofer Council and approval by Union Council.

Section 2.        The affiliated clubs shall consist of Mountaineering, Outing, Riding, Sailing, SCUBA, Ski & Snowboard clubs and any other club officially accepted by Hoofer Council and Union Council.

Article VI – Finance Committee and Financial Procedures

Section 1.        There shall be a subcommittee of Hoofer Council to be referred to as the Finance Committee.  This subcommittee shall be responsible for helping with financial oversight of Hoofers and its affiliated clubs.

Section 2.        The membership of the Finance Committee shall consist of the financial officer of each of the affiliated clubs, and those appointed by the Chair or Hoofer Council President, and shall be chaired by the Hoofer Council Vice President of Finance.

Section 3.        Each February, the Hoofer Council Finance Committee shall review the Hoofer Council budget and the budgets of the affiliated clubs before submitting them to Hoofer Council as directed by Hoofer Council.

Section 4.        No club may make a commitment whose potential liability exceeds the retained earnings, and income, of that club at that time without the approval of a majority of the voting members of the entire Hoofer Council.

Article VII – Hoofer Leadership Position Requirements

Section 1:     When considering eligibility for leadership positions, Hoofers shall define a student as any person pursuing a degree whom also meets one of the following criteria during the Fall and Spring Scholastic Semesters (except in his/her final semester before degree completion):

-  Enrolled in six of more undergraduate credits, or

• Enrolled in three or more graduate credits, or
• Enrolled in two or more credits and dissertating

Section 2:     All presidents and vice-presidents (or their equivalents) shall be students during their term, as defined in Bylaw Article VII, Section 1.

Section 3:     At least two-thirds of each clubs’ governing board voting positions shall be held by students, as defined in Bylaw Article VII, Section 1.

Section 4:     In the event that an adequate number of students cannot be recruited for governing board positions, the duties of certain positions may be delegated to a non-student volunteer until a qualified student is recruited to fill the open voting position, per each club’s constitution or bylaws. The non-student volunteer will not have a vote, and will be encouraged to act as a mentor/trainer once a student is recruited.

Article VIII – Hoofer Open Meeting Requirements

Hoofers is encouraged to loosely follow Wisconsin open meetings law; however, in accordance with the Wisconsin Attorney General Office, Hoofers is not required to follow Wisconsin open meetings law.

Article IX – Paid Hoofer Leaders

In recognition of the fact that many Hoofer leaders also hold paid positions within their club, it is expressly allowed that paid Hoofer Leaders may serve on club governing boards and committees and enjoy full voting privileges, except if their specific paid position comes up for vote, in which case they must abstain. It is to be made known at the beginning of each new governing board term which Hoofer leaders hold paid positions in that club and as their position(s) change. Upon request of voting members, paid positions will be declared.

Article X - Electronic Votes

At the discretion of the chair, Hoofer voting bodies can vote electronically for all matters, excluding all Hoofer position matters, and votes requiring 2/3rds, as long as:

• Equal effort is made to contact all voting members.
• The vote ends either after a time designated by the chair in the call to vote, with a minimum of 24 hours, or once the vote has reached a clear majority of voting members (whichever comes first).
• Quorum is the same as at a regular meeting.
• Official minutes are kept, either as an addendum to subsequent meeting minutes or as separate minutes.

Article XI – Making an Official Appeal to Hoofer Council

This is the policy for making an official appeal to Hoofer Council related to a decision made by any Hoofer Club governing board.

An official request for appeal to Hoofer Council will be designated so when the following occurs:

• An appeal requests is written and delivered preferably by email to president@hoofers.org or a hardcopy, addressed to the Hoofer Council President.
• The request must clearly describe the specific appeal requested, as well as the grounds by which Hoofer Council should hear said appeal.
• Arguments for a final resolution need not be made; instead, only address why Hoofer Council should hear the matter.

After the Hoofer Council President receives an official request as defined above, the following will take place:

• The Hoofer Council President will notify appropriate respondent(s) and provide a copy of the request for appeal.
• The Hoofer Council President will set a response deadline for the respondent.
• By the deadline the respondent(s) will submit electronically to the Hoofer Council President their response to the request for appeal.
• Once an official request and response is submitted a decision will be rendered by the Hoofer Council Executives that may include:

1) Hearing the appeal

2) Decline hearing the appeal

3) Send the matter to the relevant governing board

4) Other actions deemed prudent.

Article XII – Appeals at Hoofer Council

Section 1. The Hoofer Council President will serve as chair and facilitator as they see fit within the bounds of the following requirements:

• Both sides are given equal time to present.
• Parties are allowed to defer their speaking privilege equally (both can, or both cannot) within their allotted time.
• Parties cannot ask the other party questions. Presenters can petition the President to ask questions of the other side. The President has sole discretion to grant or deny questions in part  or in full.
• After presentation only voting members will be allowed to ask questions for a predetermined amount of time, if time allows non-voting members of Hoofer Council can ask questions. The time is set by President.
• After questions, discussion is limited only to voting members of Hoofer Council, and as requested for the Hoofer Council Advisor, who serves ex-officio.
• Hoofer Council votes.

Section 2. Appeals in Hoofer Council automatically reserve the right of either the Hoofer Council President or any voting member’s request (confirmation by simple majority of Hoofer Council) to enter into a closed session for any or all of an appeal.

Section 3. Regardless of closed or open session decisions are to be given to presenters orally (if present) and in writing, as well as made public as requested by any Hoofer member. 

Article XIII – Suspension/Expulsion at the Hoofer Council Level

Section 1: Normal Suspension or Expulsion

A.        A formal complaint must be given to the Hoofer Council President.  Any Hoofer member(s) or governing board(s) (including Hoofer Council) can submit a complaint but the source cannot be anonymous.  The complaint should include a list of tenets and/or policies broken, a description of every event where those tenets or policies were broken, and a suggested suspension length or expulsion.  Testimony is not necessary but is beneficial to the merit of the complaint.

B.        The Hoofer Council President will review the complaint.  From there, he/she will do one of three things:

•    Bring the complaint to Hoofer Council

•    Refer it back to the appropriate governing board

•    Deny the complaint for lack of evidence a tenet or policy  had been broken

C.        If Hoofer Council hears the case, the defendant and the author(s) of the complaint will both come in to make their case.  The Hoofer Council President will act as the mediator.  Each side will be given equal time.  After each side has made their case, the floor will be open for discussion.  After discussion, council will vote. 

D.        A 2/3rds vote of those present with quorum is required for suspension or expulsion.  If no punishment is handed out, the complaint will be filed for reference.

E.         If a decision is made to suspend the member, the Hoofer Council President will determine effective time period of that suspension.