The Constitution of the SJC OBA Canada

January 10th, 2017

1. NAME

1.1       The name of the organization shall be "THE ASSOCIATION OF OLD JOSEPHIANS IN CANADA".

2.  OBJECTIVES

2.1       To offer opportunities to all Old Josephians in the Canada & USA to maintain close ties with each other and promote fellowship amongst Old Josephians and their friends, families and well wishes.

2.2       To promote social contact with other past pupil associations of Sri Lankan schools in the Canada and to take part in sporting, social and other inter school activities of Sri Lankan Associations in Canada.

2.3       To maintain close contact with St Joseph’s College and the Old Josephians Association located at St Joseph’s College, Darley Road, Colombo 10, Sri Lanka.

2.4       To work for the support and progress of St Joseph’s College, Colombo 10, Sri Lanka by whatever means that is effective and possible by the Association, and at the Committee’s discretion to assist any Old Josephian in need of assistance.

2.5       Invite and receive financial and material contributions and donations from member and well wishes and organize such fund-raising activity pursuant all of the above named objectives.

3.  MEMBERSHIP

3.1       The membership is open to all former pupils of St Joseph’s College residing in Canada, USA and their children.

3.2       Application for the membership shall be in writing to the Secretary of the Association.

3.3       All members who have been accepted for membership and whose subscription for membership is paid up shall have voting rights.

3.4       An Old Josephian is defined as a person who has at any time attended St Joseph’s College Colombo 10, Sri Lanka. Members of staff are included in the above definition.

3.5       The annual membership fee shall be $20 and is renewable at the commencement of every calendar year. Life membership shall be $200. Changes to membership fees must be  passed  at  a  meeting  of  the  general  membership,  either  at  the  Annual  General Meeting or at an Extraordinary General Meeting.

4.  THE COMMITTEE

4.1       The  Committee  shall  be  elected  at  an  Annual  General  Meeting  or  under  special circumstances  at  an  Extraordinary  General  Meeting. The  Committee  members  so elected shall serve for a period of two years and will be eligible for re- election. President and Vice President will be a 2year term. All positions on the executive can  stand  for  re-election  every  2  years,  unless  notified  otherwise  by  executive member. The President will appoint the executive to each position on the elected board. The President may shuffle positions and responsibilities as and when required. Sub- committee members will also be appointed by the President or subject to the President’s approval.

4.2       There shall be a President,  Vice-President,  Honorary Secretary Assistant Secretary, Honorary Treasurer, Assistant Treasurer, and a further six elected Committee members making the total a minimum of ten and a maximum of twenty members of the Committee.

4.3       The   Committee   may   co-opt   into   the   Committee,   members   from   the   general membership, if the requisite number of positions in the Committee have not been filled.

4.4       The  Committee  may  appoint  from  time  to  time  sub-committees  from  amongst themselves and/or from the general membership as it sees fit, to further any of the aims of the stated objectives of the Association.

4.5       In the event of an office falling vacant the Committee shall call in a member to fill the vacancy until the next General or Extraordinary General Meeting.

4.6       No member shall be appointed to the Committee in his absence.

4.7       Any Committee member absenting himself from two consecutive meetings without the expressed consent of the Committee is deemed to have vacated his position. The Committee shall rule on such a member’s position in the Committee by a simple majority vote of the remaining Committee members.

4.8       A quorum for Committee meetings shall be not less than half the number of current year’s total committee members.

4.9       Eligibility for Presidency, Secretary or the Treasurer positions would only be possible after serving as a member of the Committee for the full duration of the preceding year.

5.  MEETINGS

5.1       The Association’s Annual General Meeting shall take place at the end of each calendar year, on a date before the end of the month of March at a time and place to be decided by the Committee. Fourteen days prior notice shall be given in writing to all members.

5.2       An Extraordinary General Meeting may be convened by the Committee giving fourteen days prior notice to the members, or by a body of not less than fifteen current members or one in ten of the general membership whichever is greater, upon written application to the Committee.

5.3       Voting at meeting shall be simple majority. The chairperson shall have a casting vote.

5.4       A quorum of an AGM or EGM shall not be less than Twenty

5.5      There shall be no proxy voting.

6.  FINANCE

6.1       The Honorary Treasurer shall be responsible for the safe keep of the Association’s finances and shall be responsible to maintain proper books of account for all monies of the Association and present them to the Association.

6.2       The bank account of the Association will require its mandate to reflect the following cheque signing powers:

Either the President and Secretary or the President and Treasurer of the Association. In the absence the President, then the signatures of the Secretary and the Treasurer will suffice; all subject to clause 6.3 below.

6.3       Any money paid out on behalf of the Association shall have the prior approval of the Committee. Any monies paid outside the usual activities of the Association up-to a limit of $3000.00  will  require  approval  by  two  third  majority  in  the  committee.  The President can approve up to a limit of $1000.00 Any amount beyond $3000.01 will require a simple majority vote from the general membership.

6.4       Association’s financial year to be in line with the calendar year and membership year ending on 31st December.

7.  AMENDMENTS

7.1       Amendments to the constitution may be made by two thirds of the members of the Association present and voting at an Annual General Meeting or an Extraordinary General Meeting convened a prescribed above subject to the meeting being convened with three clear weeks' notice being given in writing to the full membership.

8. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS

8.1    Subject to these rules, if the Committee is of the opinion that a Member:

(i)      has refused or neglected to comply with these rules; or

(ii)     has been guilty of conduct unbecoming a Member or prejudicial to the interests of the Club, the Committee may by resolution:

(a)       expel a Member from the Club,

(b)       suspend a Member from membership of the Club for a specified period; or

(c)       fine a Member in accordance with the Act.

8.2    A resolution of the Committee under sub-Clause 8.1:

(i)      does not take effect unless the Committee, at a meeting held not earlier than 14 and not later than 28 days after the service on the Member of a Notice under sub-clause

8.3   confirms the resolution in accordance with this clause; and

(ii)     where the Member exercises a right of appeal to the Club under this clause, does not take effect unless the Club confirms the resolution in accordance with this clause.

8.3    Where the Committee passes a resolution under sub-clause 8.1, the Secretary shall, as soon as practicable, cause to be served on the Member a Notice in writing:

(i)      setting out the resolution of the Committee and the grounds on which it is based;

(ii)     stating that the Member may address the Committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the Notice;

(iii)    stating the date, place and time of that meeting;

(iv)     informing the Member that he/she may do one or more of the following:

(a)      attend the meeting;

(b)      give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution;

(c)      Not later than 48 hours before the date of the meeting, lodge with the Secretary a Notice to the effect that he/she wishes to appeal to the Club in General Meeting against the resolution.

8.4    At a meeting of the Committee held in accordance with sub-clause 8.2, the Committee:

(i)            shall give to the Member an opportunity to be heard, and

(ii)     shall give due consideration to any written statement submitted by the Member; and

(iii)    shall by resolution determine whether to confirm or to revoke the resolution.

8.5     Where the Secretary receives a notice under sub-clause 8.3 he shall notify the Committee and the Committee shall convene a General Meeting of the Club to be held 21 days after that date on which the Secretary received the Notice.

8.6     At a General Meeting of the Club convened under sub-clause 8.5:

(i)      no other business other than the question of the appeal shall be transacted;

(ii)     the Committee may place before the meeting details of the grounds for the resolution and the reasons for passing of the resolution;

(iii)    the Member shall be given the opportunity to be heard; and

(iv)    the Members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.

8.7    If at the General Meeting:

(i)      two thirds of the members present vote in favour of the confirmation of the resolution, the resolution is confirmed; and

(ii)     in any other case, the resolution is revoked.

9.    DISPUTES AND MEDIATION

9.1    The grievance procedure set out in this rule applies to disputes under these Rules between:

(i)      a member and another member of the club; or

(ii)     a member and the Club;

(iii)    but not in respect of matters dealt under Clause 8.

9.2     The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all the parties.

9.3     If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

9.4     The mediator must be:

(i)      a person chosen by agreement between the parties; or

(ii)     in the absence of agreement:

(a)     in the case of a dispute between a member and another member, a person appointed by the Committee of Management of the Club; or

(b)     in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).

9.5    All expenses connected with mediation will be borne exclusively by the member/s involved in the process of mediation without any contribution whatsoever, from the finances of the Club.

9.6    A member of the Club can be a mediator.

9.7    The mediator cannot be a member who is party to the dispute nor have a conflict of interest.

9.8    The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

9.9    The mediator, in conducting the mediation must:

(i)       give the parties to the mediation process every opportunity to be heard;

(ii)     allow due consideration by all parties of any written statement submitted by any party; and

(iii)    ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

9.10    The mediator must not determine the dispute.

9.11    If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

10. DISSOLUTION

10.1     The Association may be dissolved by two thirds majority of the paid members voting in favour at an Extraordinary General Meetings convened with four clear week’s notice given in writing to the full membership.

10.2     Any assets remaining after the satisfaction of proper debts shall be transferred to the Bursar at St Joseph’s College, Colombo 10, Sri Lanka.