Constitution and By-Laws
We, the people of the Centennial Community, located in the community of Highland Creek in the City of Scarborough in the Province of Ontario, do hereby establish this Constitution of the Centennial Community and Recreation Association.
There are four categories of Association Membership.
(a) All residents of the area outlined in Article 2.0 of the Constitution, all those who conduct business or own property in that area, are eligible to be voting Members of the Association, provided that:
- they have attained the age of sixteen years
- they have paid the prescribed Membership Fee.
(b) Persons who are not qualified to be voting members of the Association, but who are sponsored by two or more voting members, may be deemed as associate members by the Executive. These Members do not have a vote at the General Meetings of the Membership.
(c) Those persons whose Membership dates from October, 1950, or earlier shall be known as "Charter Members". These Members have the same rights as voting members.
(d) Honourary or Life Membership, may be bestowed upon worthy individuals by the Executive.
2. Membership Fees
(a) The fee for voting members shall be set at an annual rate per family.
(b) The fee for associate and charter members is the same as for voting members, but may be waived by the Executive.
(c) Honourary Membership is free.
3. Executive Membership
(a) Any voting member of the Association, with the exception of those who have been nominated for, or hold some public office, shall be eligible to be elected to the Executive. Any Member of the Executive who is nominated or elected to Public Office shall immediately resign from the Executive.
(b) Members of the Executive serve in a delegate rather than a representative capacity, fulfilling to the best of their ability the functions outlined in Article 4.0 of the Constitution. The actions of the Executive are to be ratified by the Membership at the Annual General Meeting by formal Resolution.
(c) Any person who, subsequent to their election to the Executive, is convicted of a criminal act, as defined by the Criminal Code of Canada, shall resign from the Executive immediately.
(d) Any elected or appointed member of the Executive may be recalled from their position and replaced for failure to fulfill their duties, discrediting or defaming the association in public, or acting in a manner which is contrary to the stated purpose of the Association. This action may be carried out at a regular or special meeting of the Executive, provided all Members of the Executive have been notified of the meeting and of the issue under discussion. The vote on such a matter is to be by majority vote of those present and by secret ballot.
(e) Any Member of the Executive who fails to declare an actual or potential conflict of interest, as described in By-Law 4, may be liable to similar recall.
(f) The Executive shall from time to time, review and update the list of Designated Executive Positions. These shall consist of the Executive Offices, and the office of Chairperson and Vice Chairperson of all duly constituted Committees. This list shall be maintained by the Secretary, and shall be available at all Executive Meetings.
(g) The Executive shall from time to time, review and update the list which identifies the name of the person, if any, who is filling each of the Designated Executive Positions. This list shall be maintained by the Secretary, and shall be available at all Executive meetings.
(h) Each Executive member must serve on one or more Designated Executive Positions. Any person who, whilst otherwise eligible for service on the Executive, refuses any position, shall be deemed to have failed to fulfill his or her duties, as described in Section (3)(d) of the By-Laws.
(i) The President shall have voting rights ex officio, at committees that have been set up and designated as per Section (3) Article (f) and Section 10 of the By-Laws.
4. Conflict of Interest
Since all voting members of the Association are affected by the activities of the Association, most persons may be deemed from time to time to have a direct or indirect conflict of interest. For the purposes of Executive Membership, it is necessary to define "Conflict of Interest".
Conflict of interest relates to direct or indirect or perceived financial benefit on the part of an Executive Member and includes being a principle, employee or holding shares in a company that may benefit from decisions of the Executive. This includes items such as; hiring an Executive Member to carry out a paid job, i.e., printing; a decision of the Executive in relation to promotion or advertising which may provide financial benefit to a Member of the Executive; or matters of planning where the decision of the Executive may provide a financial advantage to a Member. If an Executive Member believes that they have an actual or possible conflict of interest relating to an item, they must declare it before that item is dealt with. The declaration will be recorded in the Minutes and the person who made the declaration will leave the room until the item has been discussed and voted upon. The Minutes of the Meeting shall indicate that a Member of the Executive had declared a conflict of interest and withdrawn. The item under discussion may be discussed in camera. See By-Law 5.
5. Executive Meetings
(a) The dates of the Executive Meetings shall be determined prior to the first meeting of the new Executive. Executive Meetings are usually held once a month, with the exception of July and August, and at the call of the Chair.
(b) Executive meetings shall be conducted in accordance with Robert's Rules of Order.
(c) Any voting member of the Association may attend, but may not vote at the meetings of the Executive. Members who wish to attend an Executive meeting should notify the President in advance of the meeting of their intent to attend.
(d) Any item referred to the Executive by five or more Members of the Association shall be placed upon the Agenda for discussion. The Members who requested this item will be notified prior to the Meeting.
(e) The quorum for the Executive will be a simple majority.
(f) Any contentious item brought before the Executive may be referred to the Membership, whether it has been resolved by the Executive or not. Such a request for a referendum will be in writing and will be signed by a minimum of five Members of the Association.
(g) From time to time it may be necessary for the Executive to discuss an item in camera. A record of these items shall not appear in the Minutes of the Meeting, and shall be held by the President or Vice-President.
6. General Membership Meetings
(a) There shall be at least one Annual General Meeting of the Association convened in the October of each year at a time and place to be determined by the Executive.
(b) The Membership shall be notified at least one clear calendar month prior to the meeting of the time, place and major items for discussion and decision at the Annual Meeting.
(c) The quorum at a General Membership Meeting shall be 25 voting Members being present.
(d) General Membership meetings shall be run in accordance with Robert's Rules of Order.
(e) The President will arrange to hold a General Membership Meeting upon the written request of at least ten voting Members of the Association.
(f) The Executive is to be elected by secret ballot at the Annual General Meeting.
(g) There are no proxy votes allowed.
(h) The term of office for each election is one year. All Executive Members are eligible for re-election.
(i) The new Executive is to take office as of the first day of January of each year. It is recommended that during the months of November and December the new and previous Executives will meet and determine Committee assignments.
(a) All monies shall be deposited in an accredited bank in the name of the Association with the exception of a petty cash account which shall not exceed $50.00.
(b) Any two of the four officers shall have authority to negotiate, deposit, to make, sign and draw, all or any cheques against the bank account of the Association.
(c) All expenditures exceeding budget shall be covered by a written request of the Committee Chairperson and approval for that Committee by the Executive. However, from October 1st, to the setting of the new fiscal year budget, all normal expenditures may be made.
(d) A statement of financial position shall be presented for approval by the Treasurer at each Executive meeting, and that a statement of revenues and expenditures be presented at the February and June meetings showing the actuals, year-to-date in respect to budget categories.
(e) The Treasurer shall prepare a full annual statement of revenues and expenditures for approval at the Annual Meeting.
(f) At least two persons shall be appointed by the Treasurer and approved by the Executive, to audit the books for each fiscal year.
(g) The fiscal year shall be October 1st to September 30th of the subsequent year.
(h) Any request for financial assistance shall be submitted to the Executive in writing.
(i) The Executive reserves the right to review the annual Financial Statements and Budget of any organization which has requested financial assistance.
(j) Any large, unusual, expenditure of funds shall be submitted to the Executive for information, even if the sum is within the budget of any Committee of the Association.