We Move Forward By Pulling Together
 

WINNIPEG ASSOCIATION OF PUBLIC SERVICE OFFICERS
BY-LAWS

  1. DUTIES AND POWERS OF EXECUTIVE COMMITTEE:

    1. The powers of the Executive may be exercised by By-Laws or by resolution except where, by a general By-Law of the Association regulating proceedings in the Executive, a power is specifically required to be exercised by By-Law.
    2. Where the Association has power to make appointments to any board, commission or other body, the Executive shall have the power to make such appointments, by resolution or By-Law.
    3. The enactment of any By-Law or resolution under the powers vested in the Executive shall be held to be reasonable and lawful exercise of the power vested in the Executive.
    4. Upon and after the annual or other election of the members thereof and their having organized and held their first meeting as an Executive, every Executive may take up and carry on to completion all By-Laws, reports and proceedings which had been under consideration by the Executive, either in the next proceeding year or subsequent thereto, and it shall not be necessary to begin "denovo" with any By-Law, resolution, proceeding, report, matter or thing entertained by the Executive in such preceding year, or subsequent or prior thereto.
    5. Where a vacancy occurs on the Executive caused by resignation, death or otherwise, the Executive shall have the authority to appoint any member of the Association to serve the unexpired term of the vacant position. This rule shall not apply to the office of President, to which, when a vacancy occurs, the First Vice-President shall immediately succeed. The resignation of any member of the Executive shall be made in writing to the Secretary and shall be deemed to be effective at the date of receipt thereof by the Secretary, unless a later effective date is specified in the resignation.

    6. The Executive may make regulations with regard to the time and place of holding its meetings, the calling of special meetings, and generally for governing its organization and proceedings.

      Without affecting the generality of the foregoing, the Executive may, subject to such conditions as it shall impose, delegate to any Committee of its members any of its powers respecting the examination of any question, the management of any business or the execution of any specific duties.

    7. The Executive may make such regulations for the welfare of the members of the Association in matters not specifically provided for herein as may be deemed expedient.
    8. The Executive shall meet at least every sixty (60) days at such time and place as the President, or a majority of the Executive may determine from time to time. A majority of the Executive shall constitute a quorum, provided at least two (2) Officers are present at such meetings.
    9. Any member in good standing of the Association may attend any Executive meeting as an observer upon approval of the Executive Committee.

  2. QUALIFICATIONS OF MEMBERS OF EXECUTIVE COMMITTEE:

    1. Only those persons whose names appear on the list of membership of the Association, and who have such other qualifications as the Executive may fix by By-Law shall be eligible for election as executive officers.
    2. Notwithstanding anything else contained in this By-Law, none of the following shall be qualified to be a member of Executive:
      1. a person who, either himself/herself or by or through another has any personal claim, action or proceeding against any member of the Association.
      2. a person having been convicted of any criminal offence upon conviction of which offence a person is liable for imprisonment.

  3. MEMBERSHIP IN GOOD STANDING:

    Subject to Clause Three (3) of the Constitution:

    1. The Executive Committee of the Association shall notify each applicant whether or not he/she has been accepted as a member of the Association, based on a decision made by the Executive Committee.

  4. PAYMENT OF ASSOCIATION DUES:

    1. Subject to Clause Eight (8) of the Association Constitution, all dues shall be paid to the Association directly from the employer as a result of the Collective Agreement, or as may be determined by the Executive.
    2. Each member shall be notified in writing of any proposed change to the dues, and such notice shall be mailed, emailed or delivered to each member not less than one week prior to the holding of a General Meeting.
    3. A special assessment may be levied following a decision to that effect by a majority of votes cast at a General Meeting of the Association. Such special assessment shall be paid to the Association directly from the employer, or as may be determined by the Executive.

  5. GENERAL MEETINGS:

    1. The Annual General Meeting of the Membership for the purpose of election of Officers and presentation of reports shall be held within ninety (90) days of the fiscal year end of the Association.

    2. Special General Meetings may be called by the President, the Executive or any ten (10) members of the Association, such request for the calling of a Special General Meeting shall be signed by not less than ten (10) members in good standing and forwarded to the Secretary/Treasurer of the Association who shall then call for a Special General Meeting, provided that such request states specifically the purpose for which such meeting is to be called.

      When a Special General Meeting is convened as a result of the request of ten (10) or more members of the Association, it shall deal only with the purpose for which it was called.

    3. Notices of General Meetings shall be written notices and shall be forwarded to each member at his/her last known address or email address through the City of Winnipeg's internal email system, or his/her place of employment, stating the purpose of the meeting and such notices shall be mailed, emailed or delivered to each member not less than one (1) week prior to the holding of a General Meeting except in the case of an emergency as must be determined by the Executive.
    4. WAPSO'S Rules of Order shall govern the proceedings of all meetings. On any point where the specific rules laid down by the Association are silent, Robert's Rules of Order shall apply; where they conflict with Robert's Rules of Order, WAPSO'S Rules of Order shall apply.

  6. ORDER OF BUSINESS AT ANNUAL GENERAL MEETING:

    The President shall occupy the Chair and shall conduct the business in the following order:

    1. Call to order
    2. Roll Call (necessity to be determined by the President)
    3. Reading of the Minutes
    4. Matters Arising
    5. Reports
      1. President
      2. Special Report
      3. Administrative Report
      4. Audit Report
      5. Secretary/Treasurer's Report
      6. Proposed Budget
    6. Unfinished Business
    7. New Business
      1. Nominations and Elections
      2. Correspondence
      3. Other New Business
    8. Adjournment

  7. QUORUM:

    Twenty (20) members shall constitute a quorum at General Meetings.

  8. VOTING:

    1. Elections:
      1. Every elector shall have only one vote, when voting for each member of the Executive to be elected, and a majority of votes cast by members present at a General Meeting shall decide each election, subject to Clause Five (5) of the Constitution.
      2. Counting of votes shall be decided by a show of hands or by members standing or by ballot, and the method employed shall be the decision of the Chairperson, unless by a majority of votes cast by members present at a General Meeting, who may elect the method of voting.
    2. Business:
      1. All matters of business shall be decided by a majority of votes cast by members present at a General Meeting, in a mail-in ballot or in a walk-in ballot.
      2. Any member who will be working or on vacation at an out-of-town location at the time of a meeting will be provided an alternative voting option through prior arrangements made with the Executive Director or designate.
      3. The Chairperson shall have the same rights as other members to vote on any question. In case of a tie vote, he/she shall cast the deciding vote.

  9. ELECTION PROCEDURE:

    1. Qualification of Voters at Elections:
      1. Except as otherwise hereinafter provided, those persons whose names appear on the list of membership of the Association shall be entitled to vote at a general membership election of officers.
      2. No person shall be entitled to vote at any election unless he/she is one of the persons named, or purported to be named in the proper list of electors, or is entitled to vote by virtue of certification pursuant to Clause Three (3) hereof.
      3. Notwithstanding that the list has been revised and corrected by the Secretary/Treasurer, any person,
        1. who at the time of election is qualified to vote but whose name has been omitted from the list; or,
        2. who has registered with the Secretary/Treasurer but whose name has been omitted from the list; or,
        3. whose name has been misspelled on the list and who is otherwise entitled to vote; may make application to the Secretary/Treasurer, or in his/her absence, any other authorized signing officer, for certification of membership, and upon being satisfied that such name was so omitted or misspelled and that the applicant is otherwise qualified to vote, the Secretary/Treasurer or other authorized signing officer may certify that that person is entitled to vote.
    2. List of Electors
      1. The proper list of electors to be used at an election shall be the last revised list of members in good standing.
      2. The Secretary/Treasurer shall every year, immediately prior to the date of elections, make up a correct alphabetical list of all persons entitled to vote, and shall certify the same as to its accuracy and completeness.
    3. Nominations
      1. Prior to the Annual General Meeting each year, the Executive shall ensure the selections of a slate of candidates from eligible members. The selection should be made on the basis of having as wide a representation a reasonably possible. The list of candidates shall be submitted to the Secretary/Treasurer for distribution to the membership prior to the Annual General Meeting.
      2. Nominations will be received from the floor under the rules of parliamentary procedure (do not require to be seconded) provided the nominee will allow his/her name to stand for election.

  10. COLLECTIVE AGREEMENTS:

    1. Proposals of the Collective Agreement:

      1. The Executive Director, or designate, shall request written proposals from the members no sooner than three (3) months and no later than one (1) month prior to the expiry date of the Collective Agreement.
      2. The Executive will then cause to be prepared proposed changes to the Collective Agreement.

    2. Negotiating Committee:

      1. The Executive shall appoint a Negotiating Committee to meet with the employer, and such committee shall have the authority to reach a settlement with the employer, subject to ratification in accordance with subsection X c. below.
      2. The members of the Negotiating Committee dealing with the City of Winnipeg shall be as appointed by the Executive, but such committee shall include at least two (2) persons from the Executive, and any other persons deemed necessary by the Executive.
      3. The members of the Negotiating Committee dealing with any other employer shall be as appointed by the Executive and shall include at least two (2) members from the employee group.

    3. Ratification and Signing of the Agreement:

      Prior to the signing of the Collective Agreement, the Executive shall call a Special General Meeting to present the negotiated settlement to the employees in the applicable bargaining unit for ratification.

  11. FISCAL YEAR:

    The fiscal year shall be from September 1st to August 31st.

  12. ACCOUNTING:

    1. The Secretary/Treasurer shall be responsible for the accounting of all monies belonging to the Association received by an Officer thereof, either from collection or otherwise, and for the depositing of all monies into the Association's accounts. He/she shall present the Association's books for audit as required, and specifically at the end of the fiscal year. He/she shall present a financial report at the Annual General Meeting.
    2. The Executive is authorized to approve and make payment of all accounts and bills of the Association.
    3. Signing Officers: The President and the Secretary/Treasurer shall be the designated Signing Officers of the Association in any financial transaction. In the event of the absence of either the President or the Secretary/Treasurer, the First Vice-President and the Second Vice-President are designated as alternate Signing Officers.

  13. BY-LAWS GENERAL:

    1. Every By-Law shall be under the seal of the Association, and shall be signed by the President or Acting President, and by the Secretary/Treasurer.
    2. If a member of the Association objects to the passing of a By-Law in accordance with Clause Nine (9) of the Constitution, he/she shall, on written application to the Executive, be at liberty to attend in person before the Executive, and if the Executive cannot satisfy the member's objections, he/she is at liberty to request a meeting under the provisions of Clause V b. of the By-Laws. The proposed change to the By-Laws shall be placed before a Special General meeting for approval or otherwise, and the proposed change shall be null and void until such approval is given by two-thirds (2/3) of those votes cast by members present at the said meeting.
    3. The By-Laws of the Association shall govern all matters and for those points not covered herein general parliamentary law, shall be used for guidance.

  14. SPECIAL COMMITTEES:

    1. The Executive Committee may appoint Special Committees at any time by resolution specifying the business to be dealt with by said Committee. Committees shall be comprised of members in good standing and shall total the number of members required to conduct the business of the Special Committee.
    2. Subject to approval of the Executive Committee, the Chairperson of each Special Committee shall be appointed by the President.
    3. Each Special Committee shall elect its own Vice-Chairperson and Secretary.
    4. Fifty (50) percent of the members of a Special Committee shall constitute a quorum.
    5. Any member in good standing of the Association may attend any Special Committee meeting as an observer upon approval of the Chairperson.
    6. The Special Committees established in accordance with this Clause shall be deemed to be committees of the Association and shall have all power and exercise authority as given to them by the Executive on behalf of the Association.

    General Duties of Special Committees:

    To report to the Executive from time to time whenever directed by the Executive, and as often as the interests of the Association may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Executive in relation thereto as may be deemed necessary. From time to time, at the request of the Executive, the Committee Chairperson shall attend regularly scheduled Executive meetings to present Committee reports. Minutes of all Committee meetings shall be kept.

  15. LIABILITY OF MEMBERS OF COMMITTEES:

    1. Limitation of Liability:

      No Officer, Executive Committee Member or Special Committee Member of the Association shall be liable for the acts, receipts, neglects, or defaults of any other Officer, Executive Committee or Special Committee Member or employee of the Association, or for any loss occasioned by error of judgment or oversight on his/her part, or for any other loss, damage or misfortune whatever which shall happen in the execution of the duties of his/her office or in relation thereto, unless the same are occasioned by his/her willful neglect or default.

    2. Indemnity:

      The Association shall indemnify and save harmless an Officer, Executive Committee or Special Committee Member of the Association, a former Officer, Executive Committee or Special Committee Member of the Association, and his/her heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy judgment, reasonably incurred by him/her in respect of any civil, criminal or administrative action or proceeding to which he/she is made a party by reason of being or having been an Officer or Committee Member of such Association, i

      1. He/she acted honestly and in good faith with a view to the best interests of the Association, and
      2. In the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he/she had reasonable grounds for believing that his conduct was lawful.