Constitution and Bylaws
Know all men by these presents:
We the undersigned citizens, residents, and/workers of Canterbury-NZ representing a majority of the members of CAR-NZ, an organization which do hereby adopt the following code and by-laws.
OBJECTIVE AND PURPOSE
- Aid members in times of trouble
- Support new arrivals and members in need (work)
- Extend financial assistance among members in times of emergency
- Members to actively participate towards community services, development and others.
SECTION 1. MEMBERSHIP
|1.1||That membership of this organization shall be opened exclusively to all Cordillerans residing within South Island, NZ.|
This organization shall have regular and associate membership.
|2.1||Regular Members – are those who are entitled to all the rights and privileges of
membership. Those persons, 18 years old and above who are capable of paying
membership and monthly dues, and who are working, and those who possess the
qualification for membership.
|2.2||Associate Members – are members who lack the qualifications of a regular member
and those minors who are children of regular members or other minors and adults
who are interested to join the organization.
|3.1||Qualification for Regular Membership
|3.2||Qualification for associate membership
|4.1||The application for membership shall be in filling up or signing up of application
form and must be approved by the body.
|4.2||All applicants must pay 50$(NZ) as membership fee and 10$(NZ) per family as
|5.1||An applicant whose application was denied by the Board of Directors may appeal
to the body by giving notice to the President of the organization with in 30 days
before the next general meeting, whose decision in the matter is final.
|6.1||The subscribed membership fee and monthly dues must be paid in full cash.|
|7.1||Every member shall have the following duties:
|7.2||Every member shall have the following responsibilities
|7.3||Every member shall have the following obligations:
A member is entitled to vote when it meets the following conditions:
Shall be liable for any violation he/she committed.
Termination of membership, which maybe automatic, voluntary, and involuntary.
|11.a.||Automatic termination of membership-the death, insanity, permanent incapacity of
a member shall be considered an automatic termination of his/her membership to
|11.b||Voluntary termination-a member may withdraw his/her membership of the
organization by submitting a written application for withdrawal to the Board of
Directors of which it shall presented to the general body. However, no member shall
be allowed to withdraw or terminate his/her membership during any period in which
he/she has any pending obligations with the organization.
|11.c||Involuntary termination- a member maybe terminated by a vote of the majority of all
the members for any of the following reasons;
No refund until it is amended during the annual general meeting.
SECTION 1. MEMBERSHIP CONTROL
Final authority in the management and administration of the affairs of the organization is vested in the general body.
SECTION 2. THE GENERAL ASSEMBLY
The general assembly is composed of all the members entitled to vote and is highest governing body of the organization.
SECTION 3. POWERS OF THE GENERAL ASSEMBLY
The general assembly duly assembled shall have the following powers:
- Determine, approved, and adopt amendments in the articles organization & by-laws.
- To elect, appoint, and remove of a cause any member, officer, & Board of Directors of the organization.
-To review, modify, reject, and approve plans, and programs of the Organization.
-To review, and pass upon the reports of the officers.
-To adopt an organization seal and exercise final authority in all matters vitally affecting the organization.
-To take the final decisions regarding drastic change in any policies subject to legal restrictions.
-To act as the final arbiter in any dispute or disagreement which shall arise between or among members, officers, and coordinators.
SECTION 4. MEETINGS
Meetings of the general body, board of directors, and officers maybe Quarterly(every 3rd Saturday of the 3rd month), special and annually.
If within the power of authority of the organization, there being a quorum shall be valid even if the meeting be improperly called or held; otherwise, the same shall be void.
SECTION 5. ANNUAL GENERAL MEETING
The general assembly shall holds its annual regular meeting every December 29 of the year at Fereday Island but succeeding venues shall be determine by the body.
SECTION 6. SPECIAL GENERAL ASSEMBLY
The President may call a special general assembly at anytime to consider urgent matters requiring immediately membership decision.
SECTION 7. NOTICE OF GENERAL ASSEMBLY
All notice of meetings shall be served by the secretary tru internet posting or texting and the date, time, and place thereof stated herein.
Notice of any special general assembly shall state the purpose for which it is to be held and no other proceedings/topics other than the stated purpose or those listed there to, shall be considered in the meeting.
SECTION 8. AGENDA
As for as practicable, the order of regular general assembly shall be:
- Call to order
- Roll call
- Declaration of presence of quorum
- Consideration of minutes of the last regular general meeting.
- Matters arising from the minutes.
- Unfinished business
- Election of officers and board of directors (if needed)
- Other matters
SECTION 9. QUORUM FOR GENERAL MEETING
During annual or special general assembly, atleast fifty percent (50%) down to twenty five percent (25%) of the total number of members entitled to vote shall constitute a quorum.
SECTION 10. VOTING SYSTEM
Members entitled to vote shall be qualified to vote and participate in the general assembly of the organization shall be entitled to only one vote.No proxy voting shall be allowed and likewise that no candidates shall be elected in the absentee.
SET OF OFFICERS
SECTION 1. COMPOSITION/ELECTION OF OFFICERS
Officers shall be composed 8 positions, elected by votation by members
entitled to vote by the general body, 3 area coordinators, and 2 head advisers
by appointment. It shall hold office for 3 years unless earlier removed for
a cause, or have resigned or become incapacitated due to illness or death
and until there successors have been elected, qualified and have discharge
the duties on the office.
SECTION 2. QUALIFICATON AND DISQUALIFICATION OF AN OFFICER/BOD
A member may qualified to be voted as an officer/board of director if he or she possesses the following qualifications and more of the disqualifications as listed here under;
- Know to read and write
- Member in good standing and entitled to vote
- Have not been deliquent in his/her account
- Have not been convicted in administrative and criminal case.
- Have time and willingness to serve the organization and its members.
- Must be a cordilleran.
- Having conflicting interest with the business of the organization.
- Having been convicted of any crime involving in the performance of his/her duties or found culpable in any administrative case involving such offense.
- Having been disqualified by pursuant to disqualification prescribe by the law.
SECTION 3. POWERS OF BOARD OF DIRECTORS:
- The BOD as a body shall have general supervision and control of the affairs of the organization.
- It shall legislate policies consist with law, by-laws, article of the organization passed by the general assembly for the management of the affairs/business of the organization with the help of it’s members and officials.
- To propose changes in the by-laws.
- To act in the application for membership.
- To create other committees as it is deemed necessary.
SECTION 4. FUNCTIONS OF THE BOARD OF DIRECTORS/OFFICERS:
- Representative of general assembly.
- Oversee the general operation of the organization.
- Report to the general assembly during annual general assembly.
- Prescribe policies to govern the overall operation of the organization.
- Assesses/reviews proposed annual plans and budget for
- Improvement and recommends these for the general assembly for approval.
- Recommends or acts on recommendations for expansion of services or operations of the organization.
- Decides on acquisition and deposition of fixed assets (properties/equipments).
- Performs all other functions as maybe agreed during general or special meetings.
SECTION 5. ELECTION OF OFFICERS
Is done every after 3 years.
SECTION 6. MEETING OF OFFICERS
As need arises, called by the president.
SECTION 7. QUORUM OF BOD/OFFICERS MEETINGS
At least 5+1.
SECTION 8. OFFICERS AND THEIR RESPECTIVE DUTIES AND RESPONSIBILITIES.
In the absence or disability of the president,the vice president shall perform the duties of the president;provided,however,that in case of death,resignation or removal of the president,the board may decide to elect his/her successor.
The treasurer shall have the following responsibilities:
Keepers of all properties, equipments, and others under the possession of the organization.
|8.7||Board members/area coordinators-to be discussed next meeting|
SECTION 9. VACANCIES ON POSITION OF OFFICERS
Any vacancy occurring in the board by reason of death,incapacity,removal
or resignation maybe filled by a majority vote of the remaining officers, if
still constituting a quorum, otherwise such vacancy shall be filled by the
general body in a regular or special meeting for the purpose. The elected
officer /s shall serve only the remaining unexpired term of his predecessor
In the event that the general assembly failed to muster a quorum to fill the
position vacated by an officer whose term has been expired and said
officer refuse to continue its functions on a hold over capacity, the
remaining members of the board shall designate from the qualified
regular member of the general assembly their replacement who shall
serve as such untill their successor shall have elected and qualified in a
regular or special general meeting called for the purpose.
SECTION 10. REMOVAL OF BOARD OF DIRECTORS/OFFICERS
Any director or officer elected by the general body maybe removed from
office for cause by vote of atleast two third (2/3) of the members entitled
to vote present and constituting a called for the purpose after having
been given the opportunity to be heard.
SECTION 1. TREASURER AND AUDITOR FUNCTION
Please refer to Article IV Section 8.
Additional functions of the secretary.
SECTION 1. Primary considerations
Adhering to the principle of helping each other over and above profit ;the organization shall endeavor to:
- The organization is organized to aid members full support in times of trouble and extend services to the members and/or community.
SETTLEMENTS OF DISPUTES
SECTION 1. Conciliation Procedures
As for as practicable all disputes shall settled with in the organization. If amicable settlement is not feasible, unless modified or amended by the general body, the following rules and procedures
shall govern all conciliation processes within the organization.
- Parties to a complaint-the party who files a complaint shall be called the complainant the party being charge shall be called the respondent.
- Who may file a complaint-any member who has cause of action against any member, and officer shall file written complaint in any form and in such numbers as there are respondent to the secretary stating the following :
- Name, address, position in the organization and status of membership of the complainant and the respondent if known.
- Brief statement of facts and circumstances which cause the commission
- Violations, evidences, or testimony by witnesses, and prayer which shall state the relief of sought and such other relief as maybe deemed just and equitable.
- Baseless complaints-within 7 days from receipt of the complaint, the board shall determine the merit of the complaint. If upon it sounds discretion, the complaint is found to be baseless or without merit, it may out rightly dismiss the same and inform in writing the complaint, expressly stating the legal and fuctual basis of its decision.
- Valid cause of action-If the complaint states a valid cause of action, the board shall forthwith inform in writing the respondent/s providing him or her a copy of the complaint, and directing him/her to submit his/her answer within ten (10) days from receipt thereof, the board chairman may upon written request by the respondent, extended the period within which to file his/her answer provided that it shall not exceed ten (10) days.
- Withdrawal of complaint-At anytime before judgement, the complaint may in writing may withdraw his/her complaint or enter into a compromise agreement and the case shall be considered, dismissed, or settled as the case maybe.
- Answer- In his/her answer, the respondent shall specifically admit or deny only a part of any advertment. He/she shall set forth the substance of the matter upon which be relies to support his/her denial. If he or she denies only a part of the advertment he/she shall specify much of it as true and deny the remainder. He/she may also state that he had no sufficient knowledge as to the truth of a certain alleged in the complaint and this shall have the effect of denial. Any advertment in the complaint no specifically denied shall be deemed admitted.
- Preliminary Conference- Within seven (7) days from receipt of the answer, the board shall set a preliminary conference whereby only the parties are invited for possible amicable settlement is made, the chairman may at his discretion or upon request of either party,set another conference which shall not be later than ten (10) days.Any party may waive hi/her right to a preliminary conference and instead more in writing for a formal hearing.In which case the chairman shall set a date,time, and place of hearing and the secretary shall notify in writing the parties atleast three (3) days before the date fixed.
- Manners of hearing- the board may adopt any manner of hearing that best serve the purpose of resolving dispute fairly and amicably.The board shall always exert all possible efforts to settle the dispute or encourage the parties to enter into a compromise agreement. The chairman may schedule a series of hearings untill the parties shall have completed the presentation of their respective evidence. After which it shall decide the case within fifteen (15) days from the date of the last hearing,categorically stating the legal and factual basis of its decision.
- Appeal to the Board-Any party to a controversy may appeal to the board fifteen (15) days from receipt of a copy of the decision.After the period to appeal,the decision of the board shall become final and executory and can no longer be re-open except when the eppealing party can show proof that the decision is patiently erroneous or obtained thru fraud, accident mistake and exusable negligence or the committee has committed grave abuse of discretion.
- Decision to the Board-Within ten (10) days from receipt of records of the case the board constituting a quorum shall review and decide the case specifically stating the reasons and basis of the decision. The parties maybe summoned to appear before the board to clarify certain matters or to submit additional evidence/s.
- Appeal to the General Body-The decision of the Board of Directors maybe appealed to the general assembly whose decision shall be final.