Constitutional Amendments May 2005        

A. Substantive Amendments:

AMENDMENTS
TO THE CONSTITUTION (NOV-2003)
of the
PARRY SOUND-MUSKOKA
PROVINCIAL LIBERAL ASSOCIATION

SECTION 2.7 to be deleted

SECTION 4.1.4 to be deleted

SECTION 4.1 to be replaced with

4.1 The Executive Committee of the Association shall consist of up to seventeen elected members and five ex-officio members.

The purpose of the above amendments is to remove the position or title of “Honorary Director” from the constitution

 

 

       

B. "Housekeeping" Amendments:

Some additional minor amendments were made with the intent of correcting inadvertent errors in language usage and spelling or to eliminate inconsistencies with the OLP model constitution.

       


Constitution
of the
Parry Sound-Muskoka Provincial Liberal Association
(as presented and ratified at AGM November 2003)

1. THE OBJECTS OF THE ASSOCIATION SHALL BE:

1.1. to promote and make more widely known and understood the principles and policies in the electoral district;

1.2. to provide a means of forwarding to the leader of the Ontario Liberal Party, the Liberal members of the legislative assembly of Ontario and other committees of the Ontario Liberal Party, the opinions of the members of the Association;

1.3. to elect, promote, and assist a Liberal member to the legislative assembly of Ontario for the electoral district;

1.4. to adhere to the provisions of the Constitution of the Ontario Liberal Party;

1.5. to organize the electoral district for the Ontario Liberal Party;

1.6. to promote the election of Liberals to municipal and local elected offices.


2. MEMBERSHIP

2.1. At least ninety (90) percent of the Association membership must be resident of the electoral district.

2.2. Members of the Association who have attained the age of fourteen years may vote at all meetings of the Association, subject to the provisions of Section 3.1.

2.3. Any person who subscribes to the objects of the Ontario Liberal Party and to the objects of this Constitution and who, upon application for membership is refused membership, shall have the right to have such matter decided by a board of arbitrators as provided in Section 10.1 herein and shall have the right of an appeal provided in such section.

2.4 A member is in good standing when he/she has paid annual dues and otherwise complies in all respects with the Ontario Liberal Party and this Constitution. No dues or fees are payable by members except the annual membership which, from time to time, are fixed by resolution of the Executive Committee. The member shall be issued a membership card provided by the Ontario Liberal Party and must complete the appropriate application form for membership. Application form for membership shall show:
a) full name
b) resident address
c) telephone number (optional)
d) usual signature
- and must be accompanied by the prescribed membership dues.

Such application shall be forwarded to the Ontario Liberal Party at
10 St. Mary Street, Suite 210, Toronto, ON M4Y 1P9

2.5. Membership dues are as follows:

Individual: $10.00
Family Rate: $25.00 (maximum of 6 people)
Youth Rate: $5.00
Seniors: $5.00
(Family to be immediate family with the same address and residing under the same roof as per Ontario Liberal Party rules.)

Annual memberships are valid from January 1 to December 31, however
memberships sold after October 1st of any given year will be valid until December 31st of the following calendar year.

2.6. A list of the Executive Committee of the association and all members of the association in good standing shall be kept by the Association and a copy forwarded to the Secretary of the Ontario Liberal Party within four (4) weeks after holding of an annual meeting. The list of all members in good standing shall be open for inspection upon request by any member in good standing with the Association.

2.7 A position of honorary director will be created to permit senior members who have served their lifetime for the Party, to be granted this status especially considering that these people have difficulty travelling but wish to keep as active as possible and this will exempt them from attendance requirements found in Section 4.11.

3. VOTING PRIVILEGES AND ASSOCIATION DELEGATES

3.1. Except as set out below, all members of the Association in good standing, who have attained the age of fourteen years, are entitled to vote at any meeting of the Association, and to move or second resolutions and to nominate or second a nomination for any Association office, delegate position or candidacy.


3.2. Those persons entitled to vote at an Annual Meeting of the Association or a meeting to elect Association delegates to an Annual Meeting of the Ontario Liberal Party or policy rally shall, in the case of members who are resident in the electoral district, be members in good standing of the constituency's association seven (7) days prior to the constituency association's meeting or convention and shall, in the case of members who are not resident in the electoral district, be members in good standing of the constituency association three (3) months prior to the Associations meeting or convention. Except as aforesaid, all members of the constituency association are entitled to vote at any meeting of the constituency association.

3.3 Nomination Convention

3.3.1 Those persons entitled to vote at a Nomination Convention shall be the same persons described in section 3.2 except that the advance time period for persons resident in the electoral district and in good standing of the Association shall be 5:00 p.m. (local time) on the fourteenth day prior to the Date of the Nomination Convention, and shall, in the case of members who are not resident in the electoral district and are members in good standing of the Association be ninety (90) days prior to the Date of the Nomination Convention.


3.3.2 However, in the case of a Nomination Convention called during an electoral urgency, the advance time period for persons resident in the electoral district shall be 5:00 p.m. (local time) on the day prior to the Date of the Nomination Convention, and, shall, in the case of members who are not resident in the electoral district, be members in good standing of the Association ninety (90) days prior to the date of the Nomination Convention.

3.4 Leadership Election Meeting and Delegate Selection Meeting

3.4.1 Those persons entitled to vote at the election of delegates and substitute delegates to a Leadership Convention shall be those persons described in the Ontario Liberal Party Constitution and the Rules of Procedure.

3.5 The Association shall hold a general meeting to elect delegates and alternate delegates to the events referred to in section 3.2 and delegates and delegate substitutes to the events referred to in section 3.4.

3.6 To be eligible to be a delegate, alternate delegate or delegate substitute to such events, a person must be a member of the association in good standing and have attained the age of fourteen years.

3.7 Each Association is entitled to elect fifteen (15) delegates to the Ontario Liberal Party Annual General Meeting or Policy Rally, provided that:

3.7.1 at least three (3) shall not have attained the age of twenty-six (26) years and, in the event that there is an Ontario Young Liberal Club affiliated with the Association, such persons shall be elected by such Ontario young Liberal Club; and

3.7.2 at least three (3) shall be women and, in the event that there is a Women's Liberal Club affiliated with the Association, such persons shall be elected by such Women's Liberal Club; and

3.7.3 at least three (3) shall be men.

3.8 Association members may vote in only one constituency association.

3.9 Delegates and alternatives to an Annual General Meeting or a Policy Rally shall be elected by way of one ballot being cast for all positions. The persons receiving the highest number of valid votes shall be delegates up to the required number and the persons receiving the next highest number of valid votes shall be alternates up to the required number. If the required youth's women's or men's positions are not thus filled, the youth, women or men respectively receiving the highest number of valid votes shall be elected to those respective positions as delegates and alternates. In the event that delegates fail to register at the meeting or convention of the Ontario Liberal Party to which they have been elected, alternates present shall fill the vacancies in the order of valid votes received, provided that the youth's women's and men's positions shall be filled by youth, women and men respectively if present.


4. EXECUTIVE COMMITTEE

An Executive Committee for the Association shall be elected at the Annual Meeting.

4.1 The Executive Committee of the Association shall consist of fourteen (14) elected members, thirteen (13) if the position of Treasurer and Chief Financial Officer are combined into one office, and twelve (12) elected directors and five (5) ex-officio members.

4.1.1 Elected Members

Elected members of the Executive shall be: President, Executive Vice President, Treasurer, Chief Financial Officer, Secretary, Youth representative.

4.1.2 Elected Directors

The number of elected Directors on the Executive Committee shall not exceed twelve (12) in number.

4.1.3 Ex-officio voting members will be:

The immediate past president of the Association
The Liberal member of the legislature or where there is no Liberal Member, the Liberal candidate of the electoral district
Where there is no Liberal Candidate the immediate past Liberal candidate, which ever applies for the electoral district

4.1.3.1 Ex-officio nonvoting members will be:
The president of the corresponding Federal Liberal Riding Association
The Liberal member of the House of Commons or where there is no Liberal Member, the Liberal candidate
Where there is no Liberal Candidate, the immediate past Liberal candidate
The President of the Ontario Liberal Party.

4.1.4 Appointed Members

From time to time, at the discretion of the sitting Executive Committee, a number of honorary members may be appointed to sit on the Executive Committee; the total number not to exceed seven (7) members during any executive term of office.

4.1.5 The Constituency association shall appoint a Chief Financial Officer and an Auditor of the association.

4.2 The Association and its Chief Financial Officer shall comply with the provisions of the elections Finance Reform Act and the Election’s Act.

4.3 The Executive Committee, in the event of a vacancy occurring in any elected position or failure fill an elected position at the annual meeting may appoint a person to hold office until the next annual meeting. The Executive Committee at its discretion may allow an Executive position to stand vacant as it sees fit. Committee Chairs may be appointed by the Executive Committee throughout its term as it sees fit.

4.4 The youth representative elected to the Executive Committee at the annual meeting shall be an individual who has not reached the age of twenty-six (26) years and will not attain this age during his/her term of office.

4.5 Subject to Section 6.1 of this Constitution the President shall preside at all meetings of the Association and of the Executive Committee, in the absence of the President the Vice President shall serve and preside at meetings or in his/her subsequent absence then those members present of the Executive Committee assuming a quorum fifty (50) percent shall appoint a chair for the meeting. The President shall be an ex-officio member of all committees. The President or his/her designate shall represent the Association at the Presidents Councils of the Ontario Liberal Party. The President shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.6 The Vice President shall be vested with all the powers and shall perform all duties of the President in the absence, inability, or refusal to act of the President. The Vice President shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.7 The Treasurer shall keep or cause to be kept the books of record and bank account of the Association and shall present a financial report at the annual meeting and meetings of the Executive Committee. The Treasurer shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee. If the Treasurer acts as the Chief Financial Officer of the Association, he/she will perform those duties set out by the Commission on Election Finances and advise the Association and its Executive in the matters of finance, fundraising and legal and legitimate receipting practices. If there is a Chief Financial Officer of the Association who is not also the Treasurer then that portion of clause 4.7 which relates to the description of duties of the Chief Financial Officer, shall apply directly to said Chief Financial Officer.

4.8 The Secretary shall when present, act as Secretary of all meetings of the Executive Committee and of the Association and shall have charge of the Minute Book of the Association. The Secretary shall be responsible for preparing and circulating all notices of meetings of the Executive Committee and the minutes of its meetings. The Secretary shall be responsible for recording minutes of meetings of other such meetings as directed by the President or Executive Committee. The Secretary shall be responsible for ensuring that the limitations on membership noted in clause 2.1 of this Constitution are adhered to. The Secretary shall be responsible for complying with the provisions of Section 4.12 and 5.3 of this Constitution. The Secretary shall possess and may exercise such other powers and duties as may from time to time, be assigned to him/her by the Executive Committee.

4.9 The Chairperson of the Membership Committee shall be responsible for the preparation and maintenance of the list of Executive and all members in good standing of the Association and forward a copy of such list to the Secretary of the Ontario Liberal Party subject to Section 2.5 of this Constitution.

4.10 The Executive Committee shall have charge of the administration of the affairs of the Association subject to the direction of the annual meeting.
4.11 If any elected or appointed member of the Executive Committee is absent for three consecutive meetings without valid reason, the Executive Committee shall have the authority and may declare the position vacant.

4.12 The Executive Committee shall meet at the call of the President or at the written request of three (3) elected members of the Executive Committee. Notice of the time and place of a meeting shall be given by the Secretary to each member of the Executive Committee at least five (5) days prior to the meeting. A majority of the members of the Executive Committee shall form a quorum for the transaction of business. Except as otherwise specified herein, questions arising at any meeting of the Executive shall be decided by a majority vote.

5 ANNUAL MEETING

5.1 An annual meeting shall be held each year at a time and place in the electoral district fixed by the Executive Committee to elect members to the Executive Committee to conduct business of the Association for the coming year.

5.2 If no annual meeting is held within eighteen (18) months of the last one, either the Executive Committee of the Ontario Liberal Party or the Executive Committee of the area Association concerned, whichever shall do so first, shall have the authority to call and conduct such meeting at such time and place in the electoral district as it sees fit.

5.3 Notice must be given fourteen days (14) or during an electoral urgency seven (7) days in advance of the annual meeting and other meetings or conventions to all members and immediate past members of the Association and to the Secretary of the Ontario Liberal Party. As part of the notice, a copy of the Association Constitution that shall comply with the Ontario Liberal Party Constitution, failure to give such notice to the Secretary of the Ontario Liberal Party may render the meeting null and void if the Executive Committee of the Ontario Liberal Party so declares.

5.4 There shall be reports from the President, Treasurer Secretary and the Standing Committee Chairs at the annual meeting.

5.5 All members in good standing of the Association who have attained the age of fourteen (14) years shall be entitled to hold office in the Association or in the Ontario Liberal Party or represent the Association to a delegate meeting of the Ontario Liberal Party:

5.6 Election of members of the Executive Committee shall be conducted by secret ballot if there is any contest:

5.7 The presence of three (3) members entitled to vote at the meeting shall constitute a quorum.


6. PRESIDING OFFICER – MEETINGS AND NOMINATION CONVENTIONS

6.1 The President of the Ontario Liberal Party or his/her delegate or the President of the area Association concerned or his/her delegate, whomever shall so do first, may attend any annual, general or special meeting, or nomination convention or meeting to elect delegates and shall conduct the election of officers, delegates and alternates or the nomination of the candidate.

6.2 Impartial membership and steering committees for the Association may be set up by the President of the Ontario Liberal Party at the request in writing of ten (10) members of the Association. The cost of such committee to be borne by the Association and the powers of such committees shall be as specified in the appointment.


7. COMMITTEES

7.1 The Executive Committee shall appoint a chair and direct activities of the Nominating Committee, the Constitution Committee, the Candidate Search Committee and the Finance Committee at the earliest opportunity following the annual meeting of the members.

7.2 The Executive should appoint a Chair if membership permits, and direct the activities of such other committee as organization, policy, research, membership and social as the Executive Committee shall from time to time deem necessary.

7.3 Each committee shall have at least two (2) members in addition to the Chair.

8. GENERAL MEETING

8.1 Written notice must be given fourteen (14) days in advance of all meetings and conventions, to all members and immediate past members of the Association and to the Secretary of the Ontario Liberal Party. The notice must be given as required by the Ontario Liberal Party’s rules and procedures. There must be delivered to the Ontario Liberal Party Secretary, as part of the notice, a copy of the Association’s Constitution, which shall comply with the Constitution of the Ontario Liberal Party.

8.2 A general meeting must be called by the President or the Executive Committee on being petitioned by at least five (5) members in good standing of the Association.

8.2.1 The reason for the general meeting must be stated in the petition. If the general meeting is not called by the President or the Executive Committee of the Association within forty-eight (48) hours of the presentation of the petition, the President of the Ontario Liberal Party or the area Association whomever shall do so first, will call the general meeting.

8.3 The Executive Council of the Ontario Liberal Party or a board of arbitration may declare null and void, any general meeting for which proper procedures were not followed.

9. NOMINATION CONVENTION

9.1 “Date of call of the nomination convention” means the date on which the panel for the electoral district determines, by majority vote, to fix the date for the nomination convention

9.1.1 “Panel” means the panel of persons, which shall exist for each constituency Association consisting of the President of the Ontario Liberal Party (or designate) the Ontario campaign chair (or designate) and the constituency Association President (or designate). Where the position of campaign chair is held jointly by more than one person, any one of them may act as Ontario campaign chair on a particular panel.

9.1.2 “Date of nomination convention” means the date, on which the nomination convention for a particular constituency shall be conducted, being no sooner than forty-nine (49) days and no later than first-six (56) days after the date of the call of the nomination convention.

9.2 Nomination conventions to elect a candidate for the Ontario Liberal Party in an electoral district shall be conducted in accordance with the Constitution of the Ontario Liberal Party and the procedures set forth in the Rules of Procedure.

9.3 Notice of the nomination convention shall be given by the constituency Association in writing on the form prescribed in the Rules of Procedure, to all members and immediate past members of the constituency Association and to the Secretary of the Ontario Liberal Party within seven (7) days of the date of the all of the nomination convention. If the constituency Association fails to send notice within seven (7) days of the date of the call of nomination convention, it shall be sent by the Ontario Liberal party within fourteen (14) days of the call of the nomination convention.

9.4 Any person intending to seek as a candidate shall, in order to be eligible to stand for election, unless there is an electoral urgency, submit nomination papers to the Secretary of the Ontario Liberal Party no later than five (5) p.m. (Eastern Time) on the 21st day following the nomination convention. The panel may waive or postpone the time requirements for filing of nomination papers if it is expedient and in the best interest of the Ontario Liberal Party.


9.5 A member shall not stand as a candidate for election in the electoral district as a Liberal unless duly nominated at a nomination convention of the constituency Association held under the supervision of the Ontario Liberal Party, and a Liberal member of the electoral district shall cease to be a member of the Association and it’s candidate upon leaving the Liberal Party.

9.6 Each candidate for nomination at the nomination convention shall, as of such nomination convention, be eligible to sit as a member of the Legislative Assembly of Ontario and shall be a member in good standing of the Ontario Liberal Party at the cut-off for such nomination convention.

9.7 Balloting for candidates at a nomination convention shall be by secret ballot, and in the event that there are more than two (2) nominees, balloting at the meeting shall be conducted by one (1) ballot only, which shall be secret preferential ballot similar to Form ‘D’ in the Rules of Procedure.

9.8 The procedure to be followed at a Nomination Convention shall be as provided in the Rules of Procedure adopted by the Executive Council of the Ontario Liberal Party from time to time for the conduct of meetings of constituency associations.

9.9 The Executive Council of the Ontario Liberal Party or a Board of Arbitration may declare null and void, any nomination convention for which or at which, proper procedures have not been followed.

9.10 The Association’s candidate and that candidate’s Chief Financial Officer must comply with the provisions of the Election’s Finance Act 1984 as amended with the provision of the Election’s Finance Act 1986 as amended.

9.11 A nomination convention may be held at more than one location within the electoral district if the Executive Committee so determines (prior approval with Ontario Liberal Party is required).

9.12.1 No pre writ expenses are to be incurred without the approval of the riding Association executive.

9.12.2 The riding Association will, after issuance of an election writ, and confirmation of candidate’s campaign Chief Financial Officer and establishment of a campaign bank account, turn over to the candidate’s campaign Chief Financial Officer, all funds other than a nominal sum for ongoing Association requires.

9.12.3 The candidate and the candidate’s Chief Financial Officer shall agree that within six (6) months after the election, to report all outstanding accounts to the Liberal riding Association Chief Financial Officer. Accounts rendered after this time may not necessarily be considered for payment by the Association.


10 BOARD OF ARBITRATION

10.1 Disputes arising with respect to meetings or any other matter relating to the Association, an Ontario Young Liberal Club, a Women’s Club, an area Association or a FOLSat association shall be decided by a Board of Arbitration, as set out in the Constitution of the Ontario Liberal Party


11. CONSITUTIONAL AMENDMENTS

11.1 This Constitution may be amended by a two-thirds (2/3) majority of the Association members in good standing and entitled to vote, and present and voting at any duty called meeting of the members of the Association provided that notice has been given of intention to amend such constitution.

11.2 Other than amendments proposed by the Constitution chair, amendments may be proposed by any two (2) members by submitting the amendment in writing to the Secretary of the Association at least seven (7) days prior to the meeting at which the proposed amendments are to be moved. The Secretary shall refer any such proposed amendment to the Constitution Chair.

11.3 A copy of the Constitution and any amendments thereto, shall be forwarded in writing to the Secretary of the Ontario Liberal Party within ten (10) days of the enactment of such constitutional amendment, within ninety (90) days in writing by the Secretary of the Ontario Liberal Party of any such Constitution or amendment comes to the attention of the Executive Council it may declare some or all of such Constitution as amended null and void.


11.4 In all cases where the provisions of this Constitution are inconsistent with the provisions of the Constitution of the Ontario Liberal Party, or where the provisions of this Constitution do not provide for some matter, the provisions of the Ontario Liberal Party shall govern the Association.

11.5 The rules contained in the current edition of Robert’s Rules of Order newly revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with either the Constitution of the Ontario Liberal Party or any rules of procedure which the Executive Council of the Ontario Liberal Party may adopt.

12. DISCIPLINE

12.1 The Executive Committee of the Association may, after written notice to the person affected, and after providing him/her with an opportunity for a hearing with the right to counsel, by a two-thirds vote of the members of the Executive Committee present at the meeting suspend any officer or expel any member subject to an appeal, in each case to the Executive Council of the Ontario Liberal Party, or if so delegated to the area Association Executive Council from such decision.

12.2 The Executive Council of the Ontario Liberal Party is empowered to take direct action to bring the Association into compliance with the Elections Finance Act, 1986, as amended whenever the Association contravenes that Act. The cost, if any, of such action shall be borne by the Association should the Executive Council of the Ontario Liberal Party so decide.

12.3 The Association will adhere to all rules of procedure from time to time passed by resolution of the Executive Council of the Ontario Liberal Party.

13. YEAR-END

13.1 The year-end of the Constituency Association shall be December 31st of any given calendar year.

Prepared by Committee appointed May 14, 2002.
Amended at 2003 AGM, Nov 22, 2003

 

       
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