Constitution
Foundings
Longing for their homeland, a group of immigrant Vietnamese students at UC Berkeley joined forces and created the Vietnamese Student Association in 1979.
Their goal was to create a space in which they could connect through their similar backgrounds and share their culture with each other. To further their purpose, they looked to educate others about Vietnamese culture, history, and heritage.
Through their efforts they built a family away from home for Vietnamese and Vietnamese American students, a community that continues to grow.
Today, Cal VSA is still a student organization that embraces our Vietnamese and Vietnamese American roots and culture. Though our members are a part of a new generation, we recognize and commemorate the experiences that our parents and relatives have had while also striving to identify and to understand the emerging narratives and current issues in our community.
Cal VSA, alongside our goals, has evolved as an organization but we are still driven by the same principles that our founders embraced. These principles can be summed up by our three pillars:
Academics | We recognize and embrace the opportunities that we have been given and we endeavor to extend the same opportunities to others in our community.
Community | We recognize the diverse contemporary issues facing our community and we attempt to understand them, to promote awareness about them, and to address them.
Culture | We recognize that we have a unique Vietnamese heritage and tradition and we aim to preserve and to learn more about our culture.
Though we are an organization that focuses on the Vietnamese American experience, we are honored to be able to count many members of non-Vietnamese heritage as part of our family. We welcome any and all students to come see what Cal VSA has to offer!
Mission Statement
The Vietnamese Student Association (VSA) at the University of California, Berkeley recognizes the importance of understanding emerging narratives about the Vietnamese American experience and offers a means for the Berkeley community to explore this culture. By promoting cooperation and bonding, this organization fosters a greater understanding of issues facing the Vietnamese and Vietnamese American community. Ultimately, Cal VSA strives to empower its members to become leaders of their communities and preserve the history and heritage of the Vietnamese culture for future generations.
We, the students of the University of California, Berkeley, and members of the Vietnamese Student Association present the following Constitution consisting of nine articles, which will be the foundation for our organization.
Section 1: Name
- The official name of the Vietnamese Student Association at the University of California – Berkeley is the Cal Vietnamese Student Association (Cal VSA).
Section 1: Purpose
- Academic: to encourage and assist members of VSA and the Vietnamese community in intellectual and professional development
- Community: to enhance and promote the welfare of the Vietnamese population
- Cultural: to preserve and cultivate the Vietnamese heritage and associated traditions
Section 1: Membership
- Only currently registered students, faculty, and staff may be active members in a registered student organization. Only active members may vote or hold office.
- Off campus participants are considered “non-active" or "associate" members in VSA and will not have the ability to vote or hold office; this includes alumni.
Section 2: Membership Requirements
- Official members:
- Must be a UC Berkeley registered student, faculty, or staff
- Can engage in voluntary participation and required payment of any membership fee
- Must follow all the rules and regulations set forth by VSA
- Will have specific membership requirements be up to the discretion of the cabinet and must be decided upon at the beginning of each semester
- VSA does not require any of the following for members to be officiated:
- Certain grade point average
- Certain number of hours per week of commitment
Section 3: Rights of Members
- Official Members
- The official members shall have the right to participate in all VSA activities, nominate and elect Cabinet Officers, run for a Cabinet position, and attend Cabinet meetings.
- All activities of the official members concerning the principles and properties of VSA require the approval of the Cabinet.
- We will not haze according to California State Law.
- We will not restrict membership based upon race, color, national origin, religion, sex, gender identity, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (including membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services).
Section 1: The Cabinet Officer Positions
Each VSA official member can only hold one Cabinet Office position per term. The Cabinet shall be composed of the following officer positions:
- The President
- The Internal Affairs Vice President
- The External Affairs Vice President
- The Academic Chairperson(s)
- The Culture Chairperson(s)
- The Finance Chairperson(s)
- The Historian(s)
- The Intercollegiate Council Representative(s)
- The Outreach Chairperson(s)
- The Publicity Chairperson(s)
- The Retention Chairperson(s)
- The Secretary
Section 2: Powers and Duties
The executive committee consists of the President, the Internal Affairs Vice president, and the External Affairs Vice President. The President will act as the primary contact. Positions that can serve as the organization’s signatories are the President, Internal Affairs Vice President, Secretary, Finance Chair(s), and Culture Chair(s).
The President
- Acts as the official spokesperson of VSA
- Acts as the chairperson at all meetings of the cabinet
- Supervises all VSA activities
- Oversees the spending of VSA money
- Oversees the organization of the election at the end of his/her term
- Shall have the power to appoint a cabinet member to participate in the activities of other organizations and associations as a representative of VSA
- Shall have the power to veto any resolutions of the cabinet. However, this veto can be overridden by three-fourths vote of the officers of the cabinet excluding the president
- Organizes and oversees relations with VSA alumni
- Fosters leadership development within cabinet
- Communicates to members concerning VSA related activities
The Internal Affairs Vice President
- Represents the president in deciding matters within VSA in the case the president is absent or unable to fulfill his/her duties
- Assists the president in supervising all VSA activities for members
- Supervises all activities within VSA cabinet
- Implements the evaluation process of cabinet performance
- Mediates conflict between cabinet members
- Oversees the internship program of VSA
- Procedures for Becoming an Intern
- Official members must submit an application to the Internal Affairs Vice President
- Applicants must be interviewed by the Internal Affairs Vice President or any other appointed individual of cabinet
- The Internal Affairs Vice President shall determine the process to become an intern
- The term of an intern shall be until the end of the current semester.
- Responsibilities for Interns
- Attend events as cabinet assistants
- Responsibilities of Interns are as defined by respective intern officers
- Publicize VSA as deemed appropriate by the Publicity Chairperson
- Assist in planning of events
- Collectively coordinate one event per semester under the advisory of the cabinet
- Procedures for Becoming an Intern
The External Affairs Vice President
- Acts as a liaison between VSA and other organizations, associations, and the community
- Represents VSA within the ASUC
- Records all approved amendments to the constitution and submits to the ASUC
- Seeks to connect VSA to the greater Southeast Asian community at Berkeley
- Assists the president in supervising all VSA activities
- Promotes awareness about issues revolving around the Vietnamese community
- Assists the president in maintaining alumni affairs
The Academic Chairperson(s)
- Organizes activities relating to the professional, academic, and cultural development of Cal VSA and its members
- Strives to develop more community-oriented and informed leaders in our membership base
- Reinforces academic development as a goal within VSAThe Culture Chairperson(s)
- Organizes the annual Culture Fest in the Fall semester and Culture Show in the Spring semester
- Cultivates a sense of Vietnamese and Vietnamese American culture within the community
- Reinforces cultural development and awareness as a goal within VSA, specifically for general events
The Finance Chairperson(s)
- In charge of bookkeeping and fundraising for VSA
- The president and the finance chairperson must approve all expenditures. Both the finance chairperson and the president must approve any expenditures exceeding $100 or 10% of theavailable funds of VSA
- Must be an ASUC agent and be responsible for the mid-semester report, and spring budgeting
- Presents financial statements to cabinet members who request them under approval of the president and finance chairperson; the decision of the president and the finance chairperson canbe overruled by a two-thirds majority vote
- Inventories financial properties that include membership fees and event dues
The Historian(s)
- Documents the activities of VSA
- Keeps the records of VSA, which includes documents, photographs, computer files, etc.
- Maintains photo archive on SmugMug
Intercollegiate Council (ICC) Representative(s)
- Archives, maintains, and distributes publications of VSA Intercollegiate Council (ICC) Representative(s)
- Acts as a liaison between VSA and NorCal UVSA
- Pursues active relations between VSA and United Vietnamese Student Association of Northern California (UVSA), Union of North American Vietnamese Student Associations (UNAVSA), and other collegiate-level VSAs
The Publicity Chairperson(s)
- Designs, prints, and oversees the distribution of announcements concerning VSA and/or its activities
- Organizes the marketing of all VSA activities
- Maintains and updates the official website of VSA
- Maintains VSA website subdomains in conjunction with designated special committee web administrators
- Maintains and updates online accounts pertaining to VSA
- Facilitates the social network & social media presence of VSA online
The Retention Chairperson(s)
- Supervises activities relating to the social system, including, if any, the family system, for VSA official members
- Oversees the retention of VSA official members
- Reinforces recruitment and retention strategies within the cabinet
Outreach Chairperson(s)
- Organizes the VISION program
- Contact VSA alumni to find donations for VISION
- Create curriculum for VISION and train committee members to outreach for VISION
- Create theme and goals for the year for VISION
- Maintain contacts with high school and community college counselors
- Provide continual support and resources to former mentees through e-mails or a Facebook group
- Lead the VISION committee as the Director and organize meetings
- Speak as the representative for VISION
- Attend other organizations’ meetings and network with other API organizations on and off campus to promote VISION
The Secretary
- Records, prepares, and maintains the minutes for every VSA cabinet meeting
- Maintains and updates records of organizations’ membership
- Communicates with event coordinators in creating event evaluations
- Incorporates past event logs to current event proposals
- Acts as the primary signatory for VSA
- Responsible for the space allocation application process
Section 3: Term of Office
The term of office for the following positions shall be one academic year:
- President
- Culture
- Finance
- Intercollegiate Council Representative
- Outreach
The term of office for the following positions shall be one semester:
- Internal Affairs Vice President
- External Affairs Vice President
- Academics
- Historian
- Publicity
- Retention
- Secretary
Section 4: Unique Procedures for Select Offices
- The President and two Vice Presidents
- The candidates for President and the two Vice Presidents are required to be official members of VSA for at least one semester prior to Election Day. In addition, the candidate for President and the two Vice Presidents are required to be previous Cabinet Officers for at least one term. However, it is not mandatory that the candidates be members of the current cabinet in order to run for the next executive term.
-
- The candidates for President and the two Vice Presidents are to run on separate tickets from each other. In the case that a candidate for Vice President is unavailable, the candidate for President, once elected, shall have the power to appoint his/her Vice President(s) at a later time.
- In the case that a candidate for President or Vice Presidents has never been a Cabinet Officer, a two-thirds majority vote of approval of all VSA official members present is needed before he/she can run for office.
- Multiple candidacy
- If individuals are running for more than one position, the order by which the election is conducted is up to the discretion of the currently active Cabinet.
- In the event that an individual attains one position before their other position is introduced, they will be removed from the running for their other position.
- If two candidates so choose to run as co-Chairpersons they are to run under a single slate.
- In the event that one of the co-Chairperson candidates attains another position on cabinet prior to the introduction of their co-slate, the remaining candidate of the co-slate is allowed to run as a single slate or withdraw their candidacy.
- In any other case, only one Chairperson shall be elected.
- If individuals are running for more than one position, the order by which the election is conducted is up to the discretion of the currently active Cabinet.
Section 5: Procedures for In-Person Election
- Election for new Cabinet Officers shall be held no later than the fourteenth week of the semester.
- The number of official VSA official members present at the election must be 1.5 times, rounded up, of the number of Cabinet Offices up for election. If this number is not met, then another election shall be held within one week. If, again, this number is not met, then the President Pro Tempore has the authority to temporarily suspend VSA indefinitely until a general meeting can be held to resolve the issue.
- The election for all offices shall be done openly and properly. The election for all Cabinet offices shall be done by secret ballot.
- The candidate for an office shall win the office if he/she receives the plurality of the votes of VSA official members present at the election.
- In the case that not all of the Cabinet Offices are filled after the election, the President Elect has the power to appoint Cabinet Officers for these positions with the two-thirds majority approval of the Cabinet.
- In the case that more than half of the Cabinet is filled but the Presidency is not, the newly elected Cabinet Officers have the power to appoint a President. This appointment will be decided by a two-thirds majority vote of approval of the incoming semester Cabinet Officers.
- In the case that fewer than or equal to half the Cabinet Offices are filled but the Presidency is not, the election is deemed void and the President Pro Tempore has the responsibility to call a new election.
- There is a mandatory cabinet application requirement for candidates that desire to run for an executive office. In the case that there are no candidates that previously desired to run for an executive office, then proceed to standard election procedures.
- The election committee will determine specific details of the election process.
- For the 2019 - 2020 Academic Year, we are allowing official members to vote through the CalLink platform.
Section 6: Procedures for CalLink Elections
- Election for the new cabinet officers shall be held no later than the fourteenth week of the semester.
- The number of official VSA official members voting during the online election must be 1.5 times, rounded up, of the number of Cabinet Offices up for election. If this number is not met, then another election shall be held within one week. If, again, this number is not met, then the President Pro Tempore has the authority to temporarily suspend VSA indefinitely until a general meeting can be held to resolve the issue.
- The rule of fourteen weeks still applies. In the event that new cabinet officers cannot be elected before this deadline, VSA becomes defunct until the next semester.
- The election for all offices shall be done online via the CalLink platform.
- Candidates must be reviewed by the election committee.
- The election committee and candidates must organize a “Speech Day” in which candidates will speak in person to the community about their goals, be subject to questions by the audience, and undergo a brief deliberation of their character. These notes are to be provided online to all members as election materials to assist in the online voting process. These notes must be linked in the voting platform itself.
- The candidate for an office shall win the office if he/she receives the plurality of the votes of VSA official members that have voted for this election via the online platform.
- In the case that not all of the Cabinet Offices are filled after the election, the President Elect has the power to appoint Cabinet Officers for these positions with the two-thirds majority approval of the Cabinet.
- In the case that more than half of the Cabinet is filled but the Presidency is not, the newly elected Cabinet Officers have the power to appoint a President. This appointment will be decided by a two-thirds majority vote of approval of the incoming semester Cabinet Officers.
- In the case that fewer than or equal to half the Cabinet Offices are filled but the Presidency is not, the election is deemed void and the President Pro Tempore has the responsibility to call a new election.
- There is a mandatory cabinet application requirement for candidates that desire to run for an executive office. In the case that there are no candidates that previously desired to run for an executive office, then proceed to standard election procedures.
- The election committee will determine specific details of the election process.
Section 7: Procedures for Resignation
- The resigning officer must meet with the executive officers before submitting a resignation letter.
- The resigning officer must submit to Cabinet a resignation letter, reviewed by the executive officers, two weeks prior to the official resignation date. This letter must be submitted during a cabinet meeting.
- After turning in said document, the resigning officer must continue performing their duties until the official resignation date.
- The resigning officer must follow all procedures for transitioning.
Section 8: Procedures for Succession
- If the President cannot complete the full term of office, then the Internal Affairs Vice President shall assume the office of Presidency.
- If the President and the Internal Affairs Vice President cannot complete their full terms of office, then the External Affairs Vice President shall assume the office of Presidency.
- If the President and the two Vice Presidents cannot complete their full terms of office, then the Secretary must call a general meeting to elect the new President and two Vice Presidents with two-thirds majority of VSA official members present.
- If the President, the two Vice Presidents, and the Secretary cannot complete their full terms of office, then the remaining Cabinet may call a general meeting to elect the new President and two Vice Presidents with two-thirds majority of VSA official members present.
- If one of the two Vice Presidents or one of the chairpersons cannot complete his/her term of office, then the President shall appoint a VSA official member to fill the vacancy with the two-thirds majority approval of the Cabinet.
Section 9: Procedures for Transitioning
- Each cabinet officer must submit an officer kit for his/her position.
- Each cabinet officer must have a thorough, one-on-one meeting to discuss the duties of his/her respective position and duties of being a Cabinet Officer.
Section 1: Procedures for Governing
- The cabinet shall convene at least five times per semester
- At least two general meetings of all members of VSA shall be called per semester
- The quorum for meetings shall be 10 members as long as there is a Cabinet member present or otherwise stated.
- All resolutions concerning VSA shall be passed by majority votes of cabinet officers, unless otherwise stated
- Every cabinet officer shall be eligible to vote except the president. In the case of a tie, the president shall vote to break the tie
- All chairpersons of the committees shall be responsible for the activities of their committees, except when the cabinet intervenes
- There shall be a transitional session for the outgoing cabinet and the incoming cabinet. Outgoing cabinet officers are responsible for helping their successors transition.
- The cabinet shall convene at least one time per semester to re-evaluate and organize all VSA physical properties
- The Constitution shall be reviewed at least once each school year.
Section 1: Amendments
- The Amendment shall be passed if it receives a two-thirds majority vote by the VSA Cabinet Officers and official members present at the constitution meeting if it is in compliance with UCB and ASUC regulations and policies.
- All amendments, additions or deletions to this document must be filed with the LEAD Center at lead@berkeley.edu, or LEAD Center at 432 Eshleman Hall.
- All amendments, additions, or deletions shall be taken into effect the semester following adoption.
- The required period of time between the proposed amendment and a final vote will be two weeks
- Active members will be notified of a vote on an amendment through any of the platforms of our choosing: Facebook, email, etc.
Section 2: Temporary Resolutions
- A temporary resolution shall be passed by a majority vote in the Cabinet except when this resolution is in conflict with items in ARTICLE I. Section 3: Procedures for Impeachment Trial
- A two-thirds majority vote of approval by Cabinet Officers is required to call an impeachment trial, which will take place within a week of the approval for having a trial.
- The Internal and External Affairs Vice Presidents together shall have the power to call such a trial.
- VSA official members have the power to call such a trials when:
- The Vice Presidents have refused
- The number of members of official members calling such a trial equals or exceeds the number of cabinet officers
- The Cabinet has been given five business days of prior notice.
- A two-thirds majority vote of approval by all VSA official members present at the trial are required to remove a Cabinet Officer.
Section 1: Dissolution
VSA shall be dissolved at the agreement of one hundred percent of VSA official members present at a general meeting. If the organization is ASUC or GA Sponsored, all unspent ASUC funds shall return to the ASUC; all Graduate Assembly funds shall return to the Graduate Assembly. If the organization is defunct for five (5) or more years, any privately obtained funds (including any funds left in miscellaneous accounts) shall be donated to the following nonprofit organization: Oakland Vietnamese Chamber of Commerce. In the event that the designated nonprofit organization no longer exists or has ceased to be a nonprofit, then the unspent funds shall be donated to the ASUC.
Section 1: Procedures for Establishment
- VSA official members wishing to form a special committee must first seek a cabinet officer for sponsorship
- A charter outlining the purposes and powers of the special committee must be drafted by the sponsoring cabinet officer
- The formation of a special committee requires a two-thirds majority vote of approval by the cabinet
- Emergency establishment
- The number of member(s) who wish to form an emergency special committee must begreater than the number of cabinet officers
- The member wishing to form the special committee must contact the current president
- If the above condition is met, then the president and/or vice presidents must call a cabinet meeting within twenty-four hours to vote on the establishment of the special committee, which requires a two-thirds majority vote of approval by cabinet
Section 2: Procedures for Governing
- The special committee, acting within its approved charter, has the power to use the name of VSA
- The special committee shall be composed of VSA official members
- The sponsoring cabinet officer acts as the official liaison between the special committee and thecabinet
- The cabinet has the power to dissolve a special committee by a two-thirds majority vote
- The cabinet will reconvene every semester to reevaluate the continuation of said specialcommittee
- The special committee form shall be sent to the current VSA executives three days prior to theweekly cabinet meeting
Section 3: Responsibilities for Committee Members
- Attend events as cabinet assistants
- Responsibilities for committee members are as defined by respective committee chairpersons
- Publicize VSA as deemed appropriate by the Publicity Chairperson
- Assist in the documentation and advertisement of events
- Collectively coordinate one event per semester under the advisory of the cabinet
Section 1: The Properties of VSA shall be composed of
- Any membership fees
- ASUC funding
- All donations, either cash or goods, from other organizations or individuals
- Money from fundraising events
- All assets and documents (electronic or otherwise)
Section 1: ASUC Sponsorship
This organization hereby wishes to seek ASUC sponsorship. This organization adopts and incorporates by reference Schedule A of ASUC Bylaw 2201, and the same as may be amended from time by time, completely and fully as part of this [constitution, charter, articles, etc]. This organization cannot amend this clause unless and until the ASUC has certified that this organization has ceased to be ASUC-sponsored, all ASUC property has been returned to the ASUC, access to all ASUC resources and facilities has been relinquished, and any debts, liabilities, or other responsibilities to the ASUC have been resolved. This organization will continue to be bound by any provisions specified in Schedule A for actions it took while this clause was in effect, even if this clause is amended.