Legion Bylaws

legion-yukon-command

THE ROYAL CANADIAN LEGION BRITISH COLUMBIA AND YUKON COMMAND CITY OF COQUITLAM
BRANCH NUMBER 263
BY-LAWS

As Approved by BC/Yukon Command
October 20th, 2011 and Amendments

The footnotes shall be retained with the By-Laws f or the purpose of future clarification. However, where there is a difference between the footnotes and these By-Laws, the By-Laws take precedence.

 

TABLE OF CONTENTS

Please Note: You may click on any section of the Table Of Contents to view that content…

1. AIMS AND OBJECTIVES

2. INTERPRETATION

3. MEMBERSHIP

4. DUES

5. NOMINATIONS

6. ELECTIONS

7. VACANCIES

8. EXECUTIVE COMMITTEE DUTIES

9. OFFICERS DUTIES

10. COMMITTEES

11. EXECUTIVE COMMITTEE MEETINGS

12. BRANCH MEETINGS

13. BRANCH PROPERTY

14. ZONE REPRESENTATION

15. AUXILIARIES

16. RULES OF PROCEDURE

17. BY-LAWS

 

1. AIMS AND OBJECTIVES

1.1  The purposes and objects of the Branch shall be those as set forth in the “Act” and in the introduction to “The General By-Laws of the Royal Canadian Legion”.

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2. INTERPRETATION

2.1  In these By-Laws, unless the contexts otherwise require, the word “Act” means “An Act to Incorporate, The Royal Canadian Legion”, and amendments.

2.2  In these By-Laws, unless the contexts otherwise require, the term “General Bylaws” means “The General By-Laws of the Royal Canadian Legion and amendments.

2.3  “Legion” or “Dominion Command” means `The Royal Canadian Legion” or “The Dominion Command of the Royal Canadian Legion”, respectively.

2.4  “Branch”, means “City of Coquitlam”,(British Columbia/Yukon Number 263) of the Royal Canadian Legion.

2.5  In these By-Laws, all reference to “General Meeting” or “approval of the General Membership” is to be considered, “duly constituted General Meetings”.

2.6  In these By-Laws, words indicating the masculine import the feminine.

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3. MEMBERSHIP

3.1  All applicants for membership in the Branch shall be subject to the restrictions and fall within the classes as set forth in Article II of the General By-Laws.

3.2  Applications for original membership or reinstatement shall be dealt with as set forth in Article II of the General By-Laws.

3.3  All expulsions or suspensions of members for cause shall be carried out by the Branch, according to the provisions of Article III of the General By-Laws.

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4. DUES

4.1  The annual dues payable by the members shall be determined from time to time by a vote of the eligible members present at a General Meeting, in accordance with Article V1 of the General By-Laws. (See Footnote 4.1)

4.2  A Notice of Motion is to be posted one (1) month prior to the meeting at which it is to be considered. (See Footnote 4.2)

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5. NOMINATIONS

5.1  At least two (2) months before the election meeting, the Branch Executive Committee will appoint a Nominating Committee, of three (3) members,  or a Chairman, who will then appoint two (2) other members, which will form the Nominating Committee. The members of this committee should have signified they do not intend to stand for office. However, after the committee is stood down, any member of the nominating committee can be nominated from the floor.  (See Footnote 5.1)

5.2  As soon as practicable after appointment the Chair of the Nominating Committee shall receive from the Membership Chair, or from the Sergeant- at-Arms, the lists of members attending General Meetings during the previous year. Suitable candidates will be selected from these lists.

5.3  One (1) month prior to the election meeting, the Committee shall present a list of suitable candidates for office. These candidates must be voting members in good standing and not employed by the Branch. This shall not prevent nomination of similar candidates from the floor at that meeting or the election meeting. (See Footnote 5.3)

5.4  If a nominee is unable to be present at the election meeting, he must have signified in writing, his willingness to stand for the office for which he has been, or is being nominated.

5.5  Nomination eligibility for candidacy:

5.5.1  To be eligible for election as an Officer of the Executive Committee, the candidate must have been a member of the Branch for at least the previous 12 months ,and must have attended a minimum of three (3) General Meetings held in the current year, and be a member in good standing. (See Footnote 5.5)

5.5.2  To be eligible for election as an Executive Committee member candidate must have been a voting member for the previous 12 months and a member in good standing and have attended a minimum of three (3) general meetings in that year. (See Footnote 5.5)

5.5.3  To be eligible for election as President the candidate must have served as a member of the Branch Executive Committee for one (1) year of the previous three (3) years and be a member in good standing.

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6. ELECTIONS

6.1  All Branch elections shall be conducted under the plurality vote procedure. (See Footnote 6.1)

6.2  The following Officers and Executive members shall be elected each year at the General Meeting in the Month of November,  or a day soon after as determined by the Executive in the following consecutive order:

6.2.1   President

First Vice-President Second Vice-President Secretary/Treasurer Recording Secretary A total of ten (10) Executive members may be elected alternately to two (2) year terms. The Term of office for Executive Committee members shall be the calendar year. (See Footnote 6.2.1)

6.3   The above elected members of the Executive along with the Immediate Past President and the appointed Finance Chair (if applicable), all of whom must be voting members in good standing and who are not employed by the Legion shall form the Executive Committee of the Branch (See Footnote 6.3)

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7. VACANCIES

7.1  All vacancies are to be filled by voting members of the Branch who are in good standing and are not employed by the Branch.

7.2  If a vacancy occurs in the office of the Immediate past President, the Position shall be filled in accordance with Article I (114.C) and and Article VI (614.C) of the General By-Laws.

7.3  Any vacancy on the Executive Committee, except in the offices of President, Vice-President, and Secretary/Treasurer,  and if applicable Finance Committee Chair, shall be filled by nomination and election at successful nominee will hold office until the end of the elective term; provided however, that if the vacancy occurs during the last six (6) months of any elective term, the Executive Committee may fill the vacancy by appointment at the next General Meeting.

7.4  If a vacancy occurs in the office of President, or a Vice-President, the Vice-Presidents will move up in accordance with their seniority of office so that nomination and election will occur in the lowest ranking Vice-presidency. Nomination and election shall take place at the next General meeting following the occurrence of the vacancy.

7.5  If a vacancy occurs in the appointed position of Chairman of Finance, the Executive shall appoint a replacement at the meeting following the occurrence of the vacancy. (See Footnote 7.5)

7.6  Should any member of the Executive Committee be absent from three(3) consecutive meetings of either the Executive Committee or the Branch, or a combination of both, without a reason satisfactory to the Committee, he shall cease to hold office and his place will be filled as laid down in Article 7 subsections 1,2,3,4,or 5. (See Footnote 7.6)

7.7  A member removed from the Executive Committee under the terms of Section 7 subsection 6 or a member, who resigns from the Executive Committee, shall not be eligible to be elected to Branch for the remainder of the term the member was elected.

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8. EXECUTIVE COMMITTEE DUTIES

8.1  The Executive of the Branch shall have the power to administer the affairs of the Branch and shall be subject to direction given at General Meetings. (See Footnote 8.1)

8.1.1  Pursuant to subsection 8.1 of this Article, the Executive Committee or any individual member thereof, and any standing or special committee or sub-committee of the Branch shall not make any expenditures, changes in policy, nor borrow any money, nor pledge any assets of the Branch without prior approval of the General Membership, save only for;

8.1.2  The normal operating expenses of the Branch such as payments for taxes, utilities, staff salaries and wages, and for those items previously approved by the Branch General Meeting as part of the early budget, or

8.1.3  Emergency repairs to, or replacement of, equipment required for the continuance of operation of the administration, amenities, or programs of the Branch and in respect of which such repair or replacement could not be held over to the next General Meeting. In all such cases the general membership will be advised of such expenditure at the next General Meeting.

8.1.4  Whenever the cost of any repair, or replacement exceeds $1,000.00, bids should be solicited from at least two (2) suppliers of the service and or product.

8.2  The Executive Committee shall have the power to appoint a salaried Secretary/Manager and or such other employees as are necessary to the operation of the Branch, provided these positions have been authorized at a General Meeting of the Branch. He may be dismissed for cause, by the Executive Committee; however, the Executive Committee may delegate to the Secretary/Manager, authority to dismiss for cause, any person(s) employed in the licensed premises operation. (See Footnote 8.2)

8.3  Such appointments must at all times conform to, and not be in conflict with, the Branch Officers named /identified in Article 6 of these By-Laws and any change in job description of any salaried employee must also conform to Article 6 of these By-Laws and be authorized by the General Membership.

8.4  The Executive Committee shall ensure they have Dishonesty Insurance Coverage for paid staff and volunteers or agents responsible for Branch funds. It shall also ensure that the Chairman of all fund-raising campaigns submit at all times, immediately upon completion of a project a complete report which shall include a detailed breakdown of all receipts and expenditures.

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9. OFFICERS DUTIES

9.1  PRESIDENTS AND VICE-PRESIDENTS

9.1.1  The President shall within fourteen (14) days after assuming office, in consultation with the Vice-Presidents, appoint a Finance Chairman, Service Officer, Sergeant-At-Arms, Padre and (if desired),a Branch Chairman, subject to Executive Committee approval. (See Footnote 9.1.1)

9.1.2  The President (unless there is an appointed Chairman) shall preside at all meetings of the Branch and the Executive Committee and shall conduct these meetings in accordance with the Procedure laid down in the current edition of “Rules of Procedure for Legion Meetings” (Provisions of this section shall not, however, prevent a Vice-President from chairing a meeting on an occasional basis with the support and guidance of the President).

9.1.3  Public statements in connection with Legion affairs shall be restricted in accordance with the provisions of Article I of the General By-Laws.

9.1.4  In the absence or disability of the President, all rights and powers vested in him, shall, for the time being, be vested in the Vice-Presidents in accordance with their seniority in office.

9.1.5  The President shall exercise general supervision and control over the affairs of the Branch and with the Secretary/Treasurer, shall sign all papers and documents requiring their signatures on behalf of the Branch. (See Footnote 9.1.5)

9.1.6  The Branch President shall at all times keep the Vice-Presidents informed on all the affairs of the Branch, including any agenda he might wish to implement.

9.2  RECORDING SECRETARY

9.2.1  The Recording Secretary shall keep a Record of all proceedings of all meetings. He shall conduct all necessary correspondence and perform such duties as pertain to his position and shall act at all times at the will and direction of the Executive Committee. (See Footnotes 9.2.1, 6.2.1, and 8.2)

9.3  SECRETARY/TREASURER

9.3.1  Subject to Article I of the General By-Laws, the Seal of the Branch shall be in the custody of the Secretary/Treasurer. The Seal shall not be affixed to any instrument except as authorized by the Executive Committee, and when so authorized shall be affixed to any instrument by the President in the presence of the Secretary/Treasurer.

9.3.2   The Secretary/Treasurer shall ensure that a true account is kept of all financial transactions.  He shall cause to be deposited all funds of the Branch in a recognized financial institution approved by the Executive Committee. Bookkeeping procedures shall be in accordance with Article I of the General By-Laws.

9.3.3  All monies in excess of $1,000.00 including petty cash payable by the Branch,(with the exception of gaming and lottery payouts and in accordance with any lottery contracts) shall be paid by electronic, or telephone banking or by cheque signed by the President together with the Secretary/Treasurer provided however, that in the absence or disability of either of these regular signatories, the First Vice-President shall sign in place of either,   and in the absence or disability of both regular signatories, the First Vice-President ,shall sign together with the Second Vice- President. The duly authorized signatories will sign in connection with all Branch accounts including the Poppy Trust Account.

(See Footnote 9.3.3)

9.3.4  Electronic banking and telephone banking is permitted. To be consistent with the approval process of invoices paid by cheques, the following should be noted: The duly authorized signatories must affix their signatures and date on the invoices paid electronically (Internet or telephone). Only after the invoices have been authorized, can payments be made. Copies of the invoices paid electronically MUST have the confirmation of payment number recorded on the invoices to verify payment. (See Footnote 9.3.4)

9.3.5   The Secretary/Treasurer shall be responsible for the appointment of an audit committee, pursuant to article V1 (section 617) of the General By-laws. The appointees shall not be members of the executive committee, or employees of the Legion or organization thereof. The audit shall be conducted as an internal audit at the end of each calendar year. (See Footnote 9.3.5)

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10. COMMITTEES

10.1  STANDING COMMITTEES

10.1.1  The following Standing Committees shall be appointed each year:

-Finance                         -Management

-Poppy Campaign           -Entertainment& Special Events

-Membership                  -Ways & Means & Fund Raising

-Building and Grounds   -Service Bureau

and further:

The following standing committees may be appointed each year:

-Public Relations             -Sick and Visiting

-Honours and Awards   -Sports and Youth

-Member Benefits           -Constitution and Laws

(See Footnote 10.1)

10.1.2  Subject to Executive Committee meeting approval, the Chairman of each of these standing committees shall be appointed by the President. The appointment of the Finance Chairman will be done with prior consultation with the Vice-Presidents.

10.1.3     The Chairman of each of these committees shall appoint their committee members, who when viable and or possible shall be non-executive members subject to the approval of the President.

10.2  FINANCE COMMITTEE

10.2.1   The Finance Committee shall compile, or cause to be compiled by other persons responsible for Branch funds, a monthly written operating and financial statement for distribution to the General Membership.

10.2.2   The Finance Committee shall compile, or cause to be compiled by other persons responsible for Branch funds, in cooperation with individual standing committee Chairmen, a yearly budget for adoption at the annual General Meeting. In the event it is not available for the annual meeting, it shall be presented for adoption no later than the March General Meeting. (See Footnote 10.2.2)

10.3  SPECIAL COMMITTEES

10.3.1  The President may cause to be convened special committees as may be deemed necessary for the proper conduct of the Branch subject to Executive Committee approval. All such committees shall automatically be discharged immediately upon the completion of their functions.

10.3.2  The Chairman of each of these committees shall appoint their Committee members, who shall be non-executive members subject to the approval of the President.

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11. EXECUTIVE COMMITTEE MEETINGS

11.1  The Executive Committee shall meet at least once every month.

11.2  A quorum shall be a majority of the Executive Committee

11.3  Any three (3) members of the Executive may, by writing, require the President to call a meeting of the Executive, provided that the reason for a special” meeting is conveyed to all Executive Committee members at the time the meeting is called. Such a meeting shall be held within seven (7) days of the request.

11.4  The minutes of all Executive Committee meetings shall be presented for information at the next General Meeting of the Branch. (See Footnote 11.4)

11.5  Except for any material pertaining to Article 8 subsection 2 of these By-Laws, any member shall have the right to question any item covered by these minutes for clarification. (See Footnote 11.5)

 

12. BRANCH MEETINGS

12.1  The usual place for Branch Meetings shall be at Coquitlam, B. C., Canada.

12.2  The Annual Meeting of the Branch shall be held in January of each calendar year ,at which written annual reports and an audited statement covering the previous calendar years operation shall be presented for adoption. Auditing procedures shall be in accordance with Article VI of the General By-Laws. An audited statement MUST be presented not later than March 31st of the current year.

12.3  Regular General Meetings shall be held each month, with the exception of July, August and December, on a date set by the General Membership.

12.4  Special General Meetings of the Branch may be called at any time by the President, but shall be called by him if requested by a majority of the members of the Executive

Committee or by any ten(10) voting members of the Branch who are in good standing. Any notice calling such a meeting, shall briefly set out the general purpose for which the meeting is being called, and seven (7) days notice shall be given of any such meeting by way of notice through electronic means (i.e. phone, fax, email) as well as posting in the Branch and running and ad in a local paper and/or cable TV. However, when dealing with distribution the disposition of property, Section 121 of the General Bylaws requires distribution of written notice and Branch By-Laws cannot supersede the General By-Laws. (See Footnote 12.4)

12.5  At any meeting of the Branch, either special or general, a quorum shall be the total number of the Executive Committee plus three(3) voting members of the Branch who are in good standing. All questions shall be decided by a vote, the classification of which shall be stipulated in the “Rules of Procedure for Legion Meetings” publication. (See Footnote 12.5)

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13. BRANCH PROPERTY

13.1  The real and personal property held or acquired by the Branch shall be held in the name of the Branch. This is in accordance with Chapter 53 of the Statutes of British Columbia, 1956, as amended and covering the holding of property by Legion Branches.

13.2  If any member willfully or negligently damages any property of the Branch or by his actions is responsible for same, the Executive Committee shall assess the damage and he shall be required to pay for the damage caused or replace anything damaged. If not satisfied with the assessment, appeal may be made to the next General Meeting.

13.3  If any guest of the Branch willfully or negligently damages any property of the Branch or by his actions is responsible for same, the Executive Committee shall assess the damage and the guest or his sponsor shall be required to pay for the damage or replace anything damaged. If not satisfied with the assessment, an appeal may be made in person to the Executive Committee at their next meeting.

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14. ZONE REPRESENTATION

14.1  Branch delegates to Zone, who must be members in good standing, shall be elected at a General Meeting of the Branch. (See Footnote 14)

14.2   The Branch shall have two (2)Zone Delegates and two (2) alternate Zone Delegates who will be elected for a two (2) year term. One (1) Zone Delegate and one (1) Alternate is to be elected each year so that their Term of office overlap. There is nothing to prevent an Executive member From being a Zone Delegate. (See Footnote 14.2)

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15. AUXILIARIES

15.1  The Branch may cause to be set up, a Ladies Auxiliary, in accordance with Article VIII of the General By-Laws.

15.2  The Branch may cause to be set up, a Youth Auxiliary, in accordance with Article VIII of the General By-Laws.

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16. RULES OF PROCEDURE

16.1  In all matters of procedure not provided for in these bylaws, the provision of the Legion’s “Rules of Procedure for Legion Meetings” shall apply. In all cases where these rules do not make adequate provision, then and only then, the “Robert’s Rules of Order” publication as amended shall apply.

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17. BY-LAWS

17.1  These By-Laws shall not be repealed, altered, or amended, except upon a motion, due notice of which shall be given at the General Meeting of the Branch held previously to the meeting at which it is to be considered, setting forth the alteration or amendment signed by the member presenting it. The question shall be decided by a majority vote. (See Footnote 17.1)

17.2 These By-Laws and such amendments as may be made from time to time shall come into force and be acted upon only when approved by BC/Yukon Command. These By-Laws are approved as amended (underlined wording) by the Command Constitution and By-Laws Committee on behalf of the Command Executive Council on 20th October 2011.

Laura Rallis, Assistant Executive Director & Operations Manager

FOOTNOTES TO CITY OF COQUITLAM BRANCH # 263 BY-LAWS

These footnotes shall be retained with the By-Laws for the purpose of future clarification. However, where there is a difference between these footnotes and the By-Laws, the By-Laws take precedence.

4.1 Note the “dollar” amounts are not shown in the By-Laws. This is so that dues can be set by the membership from time to time without the Branch having to obtain consent to a change in its By-Laws from Command.

4.2 The Notice of Motion serves to inform all members of the pending change in dues.

5.1 The Branch Executive Committee has the option to either appoint a Nominating Committee of three (3) members or appoint a Chairman who will then appoint two (2) members to his committee. This is a new addition. Most Branch By-Laws will say it is the “general” meeting that must appoint the Nominating Committee/Chairman. However, with giving the Executive Committee the power to make these appointments it is incumbent upon the Executive to ensure they do not end up in a “conflict of interest” position. An example of a perceived conflict of interest would be the spouse of the current Branch President being appointed the Nominating Chairman; paid employees cannot serve on the Nominating Committee; current members of the Branch Executive cannot serve.

5.3 The Nominating Committee may not include any of its member’s names on the list.

5.4 For the purpose of the Pro Forma we have only inserted the minimum requirement that the member be of good standing. Over the years Branches have inserted all kinds of restrictions for nominees and the Branches have then experienced serious difficulties because of the inability to find a candidate who met the restrictions. Branches are free to insert authorized restrictions but keep in mind you don’t want the restrictions so confining that you have trouble finding eligible candidates.

6.1 A plurality vote means the candidate receiving the highest number of votes is declared elected. For multiple office such as the Executive Members, the number of officers required that receive the most ballots in one vote are declared elected.

A majority vote means that any candidate or candidates must receive 50%+1 of the total votes cast in order to be declared elected.

6.2 The annual elections may take place “November” or “December”, or in “May” or “June” if the elective year is from July 1st to June 30th. Most Branches have opted for November/December elections so that the Financial year coincides with the elective year.

6.2.1 There are various options here:

“Second Vice-President”- is an optional position — Branches must have a 1st Vice President.

“Secretary”- If an employee, such as a Secretary-Manager or a paid Secretary is performing the duties of this office, the Branch may elect a “Recording-Secretary” here instead. However, the By-Laws must allow for a Secretary of some sort because the only two positions that can sign legal documents are the President and the Secretary. If the Branch doesn’t have an elected Secretary but they approve a position of Secretary Manager then the Secretary Manager can sign. If the Branch elects only a Recording Secretary then that is the position that signs along with the President. However the position of “Secretary” as defined in Section 136 of the General By-Laws states that the Seal of the Branch shall be in the custody of the “Secretary.”

Further the BC Legion Act states “All deeds, bonds, mortgages, transfers, assurances, conveyances, contracts, and other instruments with respect to real and personal property owned by the Command or a Branch shall be executed under the seal of the Command or Branch, attested by the signatures of the President of the Command or Branch and its Secretary for the time being. (Refer also to Footnote 9.2.1)

This Pro Forma does not include the position of an elected Treasurer but allows for the appointment by the Executive Committee of a “Finance Chairman.” Some Branches have their books done externally by a bookkeeping service and some Branches have a paid employee who manages the books. In these examples the Finance Chairman has the responsibilities in Sub-section 9.3.1. Keeping in mind a Branch is free to continue with the process of electing a Treasurer — you now have options.

The number of “at large” Executive Members a Branch chooses must be based on the number of members needed to supplement the Executive to fill the number of Standing Committee Chairmen required to operate the Branch smoothly. The Branch may provide some continuity for the Executive by initially electing half of the “at large” Executive Committee Members to a one-year term and the other half to a two-year term.

To facilitate this option half of the number of “at large” Executive Committee Members in the blank space in Sub-section 6.2.1 and add a new Sub-section 6.2.2 to read, “A total of Executive Members shall be elected alternately to two-year terms.

6.3 The appointed Finance Chairman must sit on the Executive Committee because his job of managing the finances of the Branch requires the cooperation and support of the Executive Committee.

7.5 Note the different treatment of a vacancy arising in the position of a Vice- President and the Finance Chairman. The Vice President must be elected but the Finance Chairman is appointed by the Executive Committee.

7.6 When counting meetings, Special General and Special Executive Meetings are included in the count along with the regular meetings. Executive Committee Members include the Immediate Past President and any appointed positions to the Executive Committee as shown in section 6.3.

8.1 The responsibilities and authorities of the Executive Committee to the General Membership must be spelled out in the By-Laws.

8.2 Note that it is the entire Executive Committee that has the responsibility for hiring and firing staff. The General membership does not have any say in these matters.

8.3 This provision is an option that does not restrict the action authorized under Sub-section 8.2.2. The dollar figure and number of suppliers to be solicited may be amended here to suit the Branch’s needs. If bids are solicited by advertisement, be sure to use the words “the lowest bids may not necessarily be accepted” in the advertisement.

9.1.1 These are important appointments. The appointment of a good Finance Chairman is critical to the financial operation of the Branch and the appointed Finance Chairman becomes a member of the Branch Executive. The President doesn’t make this appointment in isolation but must consult with the Vice Presidents and the appointment needs the approval of the Executive Committee. The Executive Committee needs to appoint a person with the skills and knowledge to fill the responsible position of Finance Chairman. It may be the best person for the job is already on the Executive as an elected member or it may be a member who is not on the Executive but who is willing to assume the responsibilities that go with the duty of being the Finance Chairman. This is a key appointment and one of the most important positions the Executive will fill. The appointed Finance Chairman becomes a member of the Executive Committee.

The position of a Service Officer is NOT OPTIONAL. One of our primary objectives is to serve our veterans and their dependents and you can’t do that without a Service Officer.

Appoint the best person for the job!

Additional positions are appointed in this section as well i.e. Sgt. at Arms, Padre and may include the position of Chairman and although these are important jobs within the

Branch these positions don’t normally become part of the Executive Committee. Depending on the terms of reference you develop for your Secretary you may want to include the appointment of a Recording Secretary whose job will be limited to recording and preparing minutes of Executive and General Meetings. If a Branch wants to have these positions

(Service Officer; Chairman; Recording Secretary; Sgt. at Arms; Padre) on the Executive you must have the By-Laws read that way but remember when you increase the size of your Executive you could affect your quorum size.

9.1.2 Does away with the lengthy “Rules of Procedure’ being spelled out in the By-Laws. Provisions of this section shall not, however, prevent a Vice-President from chairing a meeting on an occasional basis with the support and guidance of the President.

9.1.5 Refers to the manner in which official papers and documents must be signed on behalf of the Branch, and complies with the “general By-Laws and legislation (Federal,

Provincial and municipal legislation). It is the responsibility of the President to assure himself that all taxes and source deductions are paid as required.

9.3.3 No more than four (4) signatories are allowed.

9.3.5 This is to continue the operational integrity of the branch and maintain the highest business standards. (See rationale page).

10.1 The Standing Committees a Branch has are at the discretion of the Branch the size of the Executive will dictate how many Standing Committees the Branch can reasonably

support. We have combined some committees but it’s up to the Branch to determine the number of standing committees that shall exist. The Branch has to set the terms of reference for each of their Standing Committees. There are a variety of sample Terms of Reference included in the Command’s Branch Manual for reference.

10.2.2 This is not optional. This Sub-section is in keeping with the requirement of a budget as referred to in Sub-section 8.2.1.

11.4 The Executive must use some discretion in how discussions regarding employee issues are recorded within Executive Committee meetings. The Executive Committee must be ever mindful of their obligations under the Privacy Legislation within the Province of BC. If there is any doubt about what should be included contact the Command Office for guidance.

11.5 There can be no discussion or evaluation of an employee’s performance or wages at a general meeting. The Executive Committee is the employer and they have to deal with these issues. The authority of the membership with respect to employees is exercised when they approve salaried positions before they are filled and when they approve the yearly budget which contains the projected payroll.

12.1 Do not include the actual street address of the place of meeting, as any change in the location would involve an amendment to the By-Laws.

12.4  The seven (7) days notice begins from the date the notice is posted. The requirement to mail the notice of the meeting to ALL members has been eliminated because of the increasing cost of postage.

12.5 The quorum number should be reasonable in that it reflects the average number of members that attend General Meetings. In no case can a quorum in any Branch’s

By-Laws be set at less than (3) three more than the total number of members who comprise the Executive Committee, including the Immediate Past President and any other Officers appointed to the Executive Committee under Section 6.3 of these By- Laws. If no quorum is present, an information only meeting may be held, and no business may be transacted. *Note – a quorum must be in place throughout the duration of the meeting.

14.1 The requirement for Executive Committee appointment or election is stated in the BC/Yukon Command by-laws.

14.2 Conforms to the General By-Laws and Branch Manual with a discrepancy in whether the delegates are to be elected at a General Meeting or nominated by the Executive Committee.

Branch Manual states General Meeting elects, BC/YUKON By- Laws state Executive elects or appoints.

17.1  NOTE that for the purposes of this section the question must be decided by a majority vote (50%+1) rather than a plurality vote.

RATIONALE

Section Amended

3.2    Corrected typo error:  Article II not III

4.1    Corrected error: quoting, to Article VI (613) Improperly quoted as Article IV

5.1    Retained Draft 1:  inserting” or a Chairman, who will then appoint two (2) other members, which will form the Nominating Committee.

5.5.1 Corrected to Executive Meeting of Feb. 16, 2010 to comply with  their recommendation of 3 General Meetings, replacing the requirement for 5 General Meetings.

5.5.2 Changed back to: voting member for the previous 12 months and a member in good standing from the requirement to attend a minimum of three (3) General Meetings as no records or minutes on file to confirm the 3 meeting requirement.

6.2    Revised to allow the General Elections to be held at the General Meeting in November or a day soon after as determined by the Executive as per the request of the Executive Committee and has been done in the past.

6.3    Retained the Pro-Forma 2010 keeping this option open: and the appointed Finance Chair (if applicable) and  to maintain uniformity as in Section 9 and 10 of these By-Laws.

7.3    Retained the Pro-Forma 2010 keeping this option open: and if applicable Finance Committee Chair, to maintain uniformity as in Section 9 and 10 of these By-Laws.

7.5    Retained the Pro-Forma 2010 keeping this option open: If a vacancy occurs in the appointed position of Chairman of Finance, the Executive shall appoint a replacement at the meeting following the occurrence of the vacancy to maintain uniformity as in Section 9 and 10 of these By-Laws.

7.7   Added: for the remainder of the term the member was elected for clarification purposes and removes the ambiguity of no stated length of time.

9.3.3 Corrected to Executive Meeting of Feb. 16, 2010 to comply with their recommendation of:  All monies in excess of $1,000.00 from $500.00.

9.4   The Secretary/Treasurer shall be responsible for the appointment of an audit committee, pursuant to article V1 (section 617) of the General By- Laws. The appointees shall not be members of the executive committee, or employees of the Legion or organization thereof. The audit shall be conducted as an internal audit at the end of each calendar year, and an external audit shall be conducted every third (3rd) year.  (See Footnote 9.4)

This insertion is an addition that was left out of the conversion of the 2006 By- Laws to the current and now conforms to the General By-Laws.  This shows the Branch operation as being above reproach and conforming to the highest accepted business standards.

14.2  The Branch shall have two (2) Zone Delegates and two (2) alternate Zone Delegates who will be elected for a two (2) year term.  One (1) Zone Delegate and one (1) Alternate are to be elected each year so that their Term of office overlap.  There is nothing to prevent an Executive member from being a Zone Delegate.  (See Footnote 14.2)

Conforms to the General By-Laws and Branch Manual with a discrepancy in whether the delegates are to be elected at a General Meeting or nominated by the Executive Committee.

Branch Manual states General Meeting elects, BC/YUKON By-Laws state Executive elects or appoints.

CURRENT BY-LAW COMMITTEE, ADDRESSING THE ABOVE COMPILATION AS OF May 5, 2011. JEROME ACKERMAN, CHAIR, BILL WARWICK, BRIAN BRISTER –COMMITTEE

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