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Article I. Name and Objectives

Section 1. Name

This Association shall be formally known as the Native American Law Students Association of the University of South Dakota. This Association may also be referred to in short form as USD NALSA.

Section 2. Purpose

The purpose and objectives of this Association shall be to provide for the professional advancement of its members; to provide a forum for interaction between members of the Association and members of the practicing bar, the bench, law professors and administration of the Law School; to promote legal education of Native Americans and other minorities; to create an understanding and interest in issues affecting Native Americans and other minorities.

Article II. Membership

Section 1. Indian Membership

The Indian Membership of this Association shall be comprised of those individuals who are enrolled or are eligible to be enrolled in a Native American tribe and who are in actual attendance at this Law School.

Section 2. Non-Indian Membership

Those persons not enrolled or eligible to be enrolled in a Native American tribe but who are otherwise qualified per Section 1 to be members of this organization shall be Non-Indian Members.

Section 3. Inclusion Implied

Unless explicitly expressed otherwise, any reference in this or any other USD NALSA document or statement to any form of the word “member” shall be construed to include both Indian and Non-Indian Members.

Section 4. Counting Membership

After September 30, an individual counts as a member when (s)he has paid his/her chapter dues. Prior to that date, a person counts as a member if the Secretary, in his/her discretion, recognizes that person as such. Officers are automatically considered members, but are not excused from paying dues.

Section 5. Good Standing

A member is in good standing if (s)he is not under any sort of punitive measure, either by the Association or the Law School administration.

Article III. Organization

Section 1. Legislative Body

  1. The legislative power is vested in the members of the Association
  2. A quorum of the legislative body shall consist of twenty-five percent (25%) of the total membership of the Association. This metric shall apply in the case of either a regular or special meeting.
  3. All business, resolutions, decision, and matters pertaining to expenditures shall become final upon an affirmative vote of the majority of members present and voting. A quorum shall be required to transact any business.
  4. Members may not vote by proxy.

Section 2. Executive Officers

  1. The Executive Officers of the Association shall be a President, Vice-President, Secretary, Treasurer, and a 1L Representative.
  2. Election of officers. Election of Executive Officers shall occur during the month of April of each year. The President shall set the exact date, time, and place for such election. The Secretary shall notify all active members of the Association of the date, time, and place of such election at least one week prior to such date. Election of officers shall be by a majority vote of the members in good standing, present, and voting. Election of officers may not take place during a special meeting absent extraordinary and emergency circumstances, requiring at least one advisor to find such circumstances sufficient to warrant elections so occurring.
  3. Requirements of Office. Any member of the Association in good standing is eligible to run for office.
  4. Terms of Office. The terms of office of Association Officers shall be for a one-year period or until successive officers have been duly elected and qualified. The elected officers shall assume duties of their individual offices immediately upon election.
  5. Appointments. Upon a vacancy of any executive office other than the President, the President shall nominate a member to fill the position. Upon a majority vote of the membership affirming the nomination, the nominee shall assume office.
  6. Vacancies. Any vacancies occurring in the above-mentioned offices, other than the Presidency, before expiration of the regular term shall be filled by Presidential appointment for the remainder of the unexpired term. In the event of the vacancy of the Presidency, the Vice-President shall succeed to the Presidency and make all necessary appointments in the above manner.
  7. Duties of Officers. The elected officers of the Association shall have the following duties:
  8. President— The President shall be the Chief Executive and Administrative Officer of the Association. (S)he shall preside over all meetings of the Association and decide all questions of law and order in the Association. (S)he shall ensure that all other Association Officers perform the duties of their respective offices and shall be responsible for the goals and objectives of the association during her/his term in office.
  9. Vice-President— The Vice-President shall assist the President in the performance of such duties as may be requested of her/him by the President. The Vice-President shall be the public relations and historical officer of the Association and shall submit written articles of Association interest to the President for publication and shall perform such other duties relative to public relations as requested.
  10. Secretary— The Secretary shall be the primary recorder and correspondent of the Association. (S)he shall keep a true and complete record of all matters pertaining to the Association and shall certify thereto when necessary. The Secretary shall be custodian of minutes, administrative records, and reports of the Association. (S)he shall maintain a record of all Association members, together with their current physical and e-mail addresses and shall dispatch notices of meeting to members as appropriate.
  11. Treasurer— The Treasurer shall be the Chief Financial Officer of the Association. (S)he shall have charge of all Association funds and of the collection and disbursement thereof.
  12. 1L Representative— The 1L Representative shall serve to represent the interests of first-year students within the organization.

Section 3. Association Committees

  1. Standing Committees.

The following standing committees, and chairpersons thereof, shall be appointed by the Association President immediately upon assuming office. Such appointments must be put forth at a meeting with a quorum present. An appointment takes effect automatically, barring an objection by any member or advisor, upon which the membership present will immediately vote. A majority vote concurring with the objection shall defeat the appointment.

        • Recruitment
        • Indian Law Day/Symposium
        • Membership
        • Public Relations
        • Orientation/Support
        • Social
        • Professional Development
        • Fiscal Development
        • Dean’s Advisory Council

2. Other Committees.

The Association may establish other committees for special purposes as it deems appropriate. The President shall appoint the membership of such a committee according to the procedure described above.

The President may also opt to open nominations for committee chairs to the membership, which shall then require a second and a subsequent majority vote to affirm.

Article IV. Fiscal or Financial Matters

Section 1. Dues

The amount of annual dues shall be fifteen dollars ($15.00), and any additional amount of dues shall be determined each year at the last regular meeting of the Association.

Section 2. Assessments

The Association may levy special assessments as may be determined by the membership.

Section 3. Use of Dues

All membership dues will be placed in the Scholarship Fund/Savings account until the scholarship is endowed.

Section 4. Scholarship Fund

The Scholarship Fund/Savings account is to be used solely for the Scholarship.

Article V. Meetings

Section 1. Regular Meetings

The regular meetings of the Association shall be held no less frequently than monthly from September through May, on the day determined by the Association members as may be convenient and conducive to class schedules.

Section 2. Special Meetings

Special meetings shall be held at the call of the Association President or at the call of any two of the other officers of the Association or upon request of one-third of the membership of the Association

Section 3. Procedure

Robert’s Rules of Order shall control the Parliamentary Procedure of the Association where such rules are not inconsistent with the Association Constitution.

Article VI. Advisors

Section 1. Faculty Advisors

The President shall, with the advice and majority consent of the Association, appoint up to two (2) faculty advisors. The Associate Dean for American Indian Programs shall also be considered an advisor.

Section 2. Relationship

It shall be the responsibility of the Association President to develop a close working relationship with the faculty advisors and to seek their aid and advice to ensure that the goals and objectives of the Association be achieved and to continue maintain lines of communication with the Administration of the Law School. The Association shall keep the advisors fully informed of all Association meetings, programs, projects, and other activities and shall seek their advice thereon when appropriate

Article VII. By-Laws and Amendments

Amendments to the Constitution of this Association shall be accomplished in the following manner:

  1. Proposals for Amendments shall be submitted to the President.
  2. The President or his/her designee shall propose, along with any recommendations, all proposed Amendments shall submit to the membership at its next regular meeting. Delivery of Amendments to the membership must take place at least three (3) days prior to the meeting at which the membership shall consider such Amendments.
  3. Any proposed Amendment will become effective upon approval of a two-thirds (2/3) vote of members present at a regular meeting of the Association.

Should this Association adopt By-Laws, their creation and subsequent amendment shall follow the same procedure as amending this Constitution.

Article VIII. Prohibition Against Procedure by Custom

This Association shall not adopt any formal procedure by custom. If a mechanism for taking any action is not described in this document but required without sufficient time for formal establishment, this Association may adopt such a procedure on a temporary basis sufficient to resolve the matter immediately at hand through a majority vote at a meeting. If sufficient time does not exist for a meeting, the Executive officers may decide upon the procedure by an informal majority vote.

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