INDEX
SCHEDULE A - CONSTITUENCY ASSOCIATION CONSTITUTION
This version of the Constitution is provided only for
convenience and does not replace the official Constitution of the Separation Party of Alberta.
There are many Articles within the SPA Constitution which relate to Constituency Associations and should be reviewed.
Also refer to THE CONSTITUTION OF THE SEPARATION PARTY OF ALBERTA
1. NAME
2. DEFINITIONS
3. OBJECTIVES
4. MEMBERSHIP
5. DONATIONS
6. VOTING
7. MEETINGS
8. BOARD OF DIRECTORS
9. OFFICERS AND EXECUTIVE COMMITTEE
10. CANDIDATE SELECTION
11. NOTICES
12. REPORTING
13. AMENDMENTS
14. FISCAL YEAR
15. BOUNDARY ADJUSTMENT
16. DUTY TO UPHOLD
17. REGULATIONS AND BYLAWS
18. LIABILITY
1. NAME AND PRINCIPLES
The name of the Association is the SEPARATION PARTY OF ALBERTA (insert name of Constituency) CONSTITUENCY ASSOCIATION.
2. DEFINITIONS
In this Constitution:
a) “Annual Term” means the period of time between two consecutive Annual General Meetings;
(b) “Annual General Meeting” means a specific meeting of a Constituency Association at which the Directors and Officers of the Association are elected by the Members in attendance, to manage the affairs of the Constituency Association until the next Annual General Meeting;
(c) “Association” means the Separation Party of Alberta (insert name of Constituency) Constituency Association;
(d) “Board of Directors” or the “Board” means the collective of the Directors selected by a Constituency Association to manage the affairs of the said Association, subject always to the provisions of this Constitution and to direction from the Constituency Association;
(e) “Candidate” means the person selected by the Members of the Association as the SPA candidate for election to the provincial legislature;
(f) “Director” means any Member of the Board of Directors of the Association;
(g) “Executive Committee” means the committee by that name established under Article 9 hereof;
(h) “Filing Requirements” means those documents that the SPA deem necessary to have been filed prior to becoming a declared nominee;
(i) “Majority” means fifty (50%) percent plus one;
(j) “Member” means a Member of the SPA who ordinarily resides in the provincial electoral district in which the Association has been formed;
(k) “Nominee” means a person standing for selection in the Constituency to become the SPA candidate for election to the Alberta Legislative Assembly;
(l) “Officer” means a Member holding the position of President, Vice President, Secretary or Treasurer of a Constituency Association;
(m) “SPA” or the “Party” means the SEPARATION PARTY OF ALBERTA;
(n) “Returning Officer” means a Member approved by the Party to supervise the election of a candidate at a meeting of the Constituency Association called for that purpose and in accordance with Article 10 hereof.
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3. OBJECTIVES
The objectives of the Constituency Association are:
(a) to support the Principles, Policies and Objectives of the SPA, and to maintain an effective constituency organization for that purpose;
(b) to select a candidate to represent the SPA in the constituency for each provincial election and by-election;
(c) to assist and promote the election of the candidate of the SPA in the constituency for each provincial election and by-election;
(d) to raise money and maintain a fund to support the Association and to assist candidates in provincial elections and by-elections;
(e) to recruit membership to carry out the Objectives, Principles and Policies of the SPA and the Constituency Association;
(f) to assist the SPA in developing policies and election platforms.
4. MEMBERSHIP
(a) Membership in the Association is all Members of the SPA pursuant to Article 3 of the SPA Constitution, who are ordinarily resident in the Constituency Association.
(b) Membership in the Association shall cease if a Member ceases to be ordinarily resident in the provincial electoral district or is terminated pursuant to Article 3 of the SPA Constitution.
(c) Eligible persons who apply for membership in the SPA shall become Members (herein called “Members”) upon payment of the applicable fee to the Party and entry on the Membership list at Provincial Office.
(d) Constituencies shall be responsible for forwarding Membership forms and remittances to Provincial Office on a timely basis.
(e) A Member whose dues are in arrears by not more than sixty (60) days shall, upon payment of the applicable fee, be considered reinstated as a Member in good standing retroactive to the expiry date of the Membership, with the exception of Membership requirements leading up to a Provincial Convention.
5. DONATIONS
Any person who does not wish to be a Member of the Party may make a donation to the Party and be entitled to receive an official receipt for such donation.
6. VOTING
(a) Only Members may vote on matters coming before a General Meeting of the Association. To pass, Motions require a majority vote of persons present and voting. In the event of a tie vote, the President shall cast the deciding vote.
(b) Only those who have been Members for at least thirty (30) days immediately prior to the date of voting shall be entitled to vote on the election of Directors and Delegates to any Provincial Convention. Only Members of the Association in good standing shall be qualified to stand for election for Directors or Delegates.
(c) Only those who have been Members for at least thirty (30) days immediately prior to the effective date of voting shall be eligible to vote for the selection of a candidate for election to the Alberta Legislature.
(d) Voting on matters set out in Article 6(b) and (c) of this article shall be by secret vote.
(e) The Board of Directors may appoint a Nomination Committee in relation to the elections referred to in Article 6(b). The Nomination Committee should strive to identify and recruit qualified persons for each position and may recommend certain persons to the voters. Nominations for the positions in Article 6(b) shall not close until nominations from the floor have been called.
(f) A meeting for the election of delegates and alternates pursuant to Article 6(b) should be held at least sixty (60) days prior to the commencement date of a Provincial Convention.
(g) Proxy voting with the SPA is NOT permitted.
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7. MEETINGS
(a) Meetings of the Association shall be convened by the Executive Committee as required.
(b) In each twelve (12) month period, the Association shall hold at least four (4) meetings of its Board of Directors, not less than one (1) meeting per quarter, and at least one (1) General Meeting of its Members per year.
(c) The Secretary shall, within forty five (45) days of receipt by the Secretary of a written request signed by not fewer than twenty five percent (25%) of the Membership, convene a meeting of the Association.
(d) The Provincial Board of Directors may call a meeting of the Association if it believes that it is necessary to do so, with notice consistent with this Constitution.
(e) Notice of all meetings shall state the matters to be dealt with at the meetings. No matters shall be dealt with at a Membership or Provincial Directors initiated meeting until those stated in such request have been dealt with.
(f) A quorum at meetings of the Association shall be either twenty (20) Members or one half (½) of the Membership, whichever is the lesser. Should a quorum not be present within one half (½) hour of the time called for the meeting, that meeting, other than a meeting called by the Secretary pursuant to a request under Article 7(c), shall be set over to the same time and place one (1) week later, if possible.
(g) Meetings of the Association should be held within the boundaries of the provincial electoral district unless a majority of the Board of Directors vote to hold the meeting elsewhere.
(h) The Association shall, in each calendar year and no later than fourteen (14) months from the last Annual General Meeting, hold an Annual General Meeting at which the following business shall be conducted:
(i) report by the Board of Directors;
(ii) presentation of financial statements;
(iii) election of Directors and, where applicable, Officers;
(iv) other business as required.
(i) In the event of a provincial election or by-election falling within the allotted period, an Annual General Meeting may be postponed for up to ninety (90) days. The Provincial Board of Directors will decide and advise all Constituency Associations whenever they are authorized to implement the compressed time lines dealing with Candidate Recruitment and Selection.
(j) The Executive Committee shall formulate all rules, regulations and procedures to be followed at all meetings of the Association which are consistent with this Constitution.
8. BOARD OF DIRECTORS
(a) The affairs of the Association shall, subject to the provisions of the SPA Constitution and direction from the Members, be managed and directed by a Board of Directors.
(b) The Membership at a Meeting of the Association may pass a by-law, pursuant to Article 17, to establish districts within the Association which may stipulate that a certain number of Directors come from each established district.
(c) Directors shall be elected at the Annual General Meeting from the Members.
(d) The Board of Directors shall consist of:
(i) the Directors; and
(ii) the SPAs Member of the Legislative Assembly of Alberta from the provincial electoral district. If there is no elected SPA MLA from the provincial electoral district, the Board shall include the constituency candidate for election to the Provincial Legislature and his inclusion shall terminate if he or she is not elected to the Alberta Legislature.
(e) Only Members who ordinarily reside in the provincial electoral district for at least thirty (30) days immediately prior to the election of the Board of Directors shall be qualified to stand for election as a Director.
(f) The total number of Directors shall not exceed seven (7).
(g) Notwithstanding sub-paragraph (f), the Board of Directors may appoint up to three (3) additional Members to the Board as circumstances may warrant.
(h) The term of office of the Directors is one (1) annual term.
(i) If a Director ceases to hold office, the Board may appoint a replacement Director from its Membership.
(j) A Director appointed by the Board of Directors may be removed from office at a meeting called for that purpose on approval by not less than two thirds (2/3) of the Directors present and voting.
(k) A Director elected by the Members at a Meeting of the Association may be removed from office at a meeting of the Board of Directors called for that purpose on approval by not less than three quarters (3/4) of the full Membership of the Board of Directors.
(l) The Board of Directors may remove a Director who has missed three (3) consecutive regularly scheduled Board meetings unless a reasonable explanation is given which is acceptable by the Board.
(m) In the event that there are the same number or fewer persons standing for election than vacant Director positions, each Member present and voting shall mark “Yes” or “No” opposite the name of each person on the ballot. Every person receiving more affirmative than negative votes, and only those persons, shall be declared a Director. Any Candidate receiving more negative than affirmative votes may not be appointed to any vacancy on the Board of Directors.
(n) Meetings of the Board shall be promptly called by the Secretary at the direction of the President or at the written request for a meeting signed by at least three (3) Directors.
(o) The Board of Directors shall appoint such committees as are required for the efficient operation of the Association.
(p) A quorum of the Board of Directors shall be three (3) Members.
(q) Board Members shall vote either in favour or against any motion or matter coming before the Board.
(r) No person shall be considered for selection as a candidate for the Constituency Board of Directors until that person has signed the following affirmation: “I have read, understand and do hereby affirm my personal commitment to the Official Principles and Policies of the Separation Party of Alberta and to its Constitution."
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9. OFFICERS AND EXECUTIVE COMMITTEE
(a) The daily affairs of the Association shall, subject to the provisions of the SPA Constitution and the direction from the Board of Directors, be managed and directed by an Executive Committee, which shall be comprised of the President, Vice President(s), Secretary and Treasurer or Chief Financial Officer.
(b) The Officers of the Association shall be elected each year either by the membership of the Association at the Annual General Meeting or by the Board of Directors from within their numbers. If the Officers are to be elected by the Board of Directors, the election shall take place within fourteen (14) days of the Annual General Meeting.
(c) The Officers of the Association shall be:
(i) a President who shall prepare the agenda and preside at all meetings of the Association, the Board of Directors and the Executive Committee, who shall be an ex-officio member of all committees except the Nomination Committee and Candidate Selection Committee, and who shall ensure that all communications sent to them by Provincial Office that pertain to specific matters shall be distributed in a timely manner;
(ii) one (1) or more Vice Presidents, who shall have such duties as the Board shall assign, one of whom shall assume and perform the duties of the President in the absence of the President;
(iii) a Secretary who shall have custody of all official Association records, documents and all regulations of the Association, other than financial, and who shall prepare and maintain minutes of meetings of the Association, the Board of Directors, the Executive Committee, call meetings upon the direction of the President or request of Members as laid out in this Constitution, and perform other secretarial duties as the Board may direct;
(iv) a Treasurer or Chief Financial Officer who shall administer the financial affairs of the Association and keep or cause to be kept all such books of account and financial records as may be required to properly reflect the financial affairs of the Association.
(d) If the Officers of the Association are elected by the Board of Directors, an Officer of the Association may be removed from that position at a meeting of the Board of Directors called for that purpose on approval of two thirds (2/3) of the full membership of the Board of Directors.
(e) If the Officers of the Association are elected by the Membership, an Officer of the Association may be removed from that position at a meeting of the Association called for that purpose on approval of three quarters (3/4) of the Membership present and voting.
(f) Upon ceasing to hold office, all Directors and Officers shall, within five (5) days of any request, deliver to their successors or to the President or Vice President(s) of the Association, all records, books, financial statements, materials and property in their possession which belong to the Association, failing which such Director or Officer shall be subject to a penalty of $100.00 per day payable to the Association for each day the documents are not delivered.
(g) If an Officer ceases to hold office, the Board of Directors may appoint a Director to fill the position for the unexpired term.
(h) The Executive Committee shall meet at the call of the President or upon written request to the Secretary of at least three (3) other Executive Committee members.
(i) A quorum of the Executive Committee is a majority of its members.
(j) Meetings of the Executive Committee shall be held either in person or simultaneous telephone attendance or by a combination thereof.
(k) All actions of the Executive Committee shall be recorded and the actions taken since the previous meeting of the Board of Directors shall be presented for ratification to the next meeting of the Board of Directors.
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10. CANDIDATE SELECTION
(a) No fewer than three (3) months prior to a prospective Candidate Selection Meeting, a Candidate Selection Committee shall be appointed by the Board of Directors, and shall be comprised of two (2) Directors plus up to three (3) other Members and shall appoint a Chairman from its number. Individual Committee members must sign a pledge not to become a Nominee and not to promote or oppose any Nominee.
(b) The Candidate Selection Committee shall:
(i) organize and administer a candidate recruitment, nomination and selection program;
(ii) conduct a thorough search to find the best available Nominees to seek selection as the candidate to represent the constituency in the Alberta Legislature in accordance with SPA guidelines;
(iii) require the calling of a General Meeting of the Association for the purpose of selecting the Candidate (the “Candidate Selection Meeting”); and
(iv) provide opportunities for the dissemination or publication of the platform and priorities of the Nominees.
(c) A Meeting Committee may be appointed by the Board of Directors whose function shall be to organize the Candidate Selection Meeting(s) as directed and approved by the Board of Directors, but will work closely with the Candidate Selection Committee to ensure that all their needs are met. Individual Committee members must sign a pledge not to become a Nominee and not to promote or oppose any Nominee(s).
(d) Any member of the Board of Directors after filing nomination papers to seek the nomination as a Candidate in an upcoming Provincial election or by-election, shall take a leave of absence as a Director and can only resume Board duties when the Director is no longer a contender for the Candidate Selection or the election or by-election, as the case may be.
(e) All Nominees shall be notified of and invited to attend meetings of the Board as a guest until the Candidate has been selected.
(f) Except in the case of a by-election, the Candidate Selection Committee shall, no more than one (1) year but not less than two (2) months prior to the prospective Candidate Selection Meeting:
(i) declare the start of the official campaigning period for the Nominees;
(ii) release a copy of the Association’s Membership list to each Nominee who has met the Filing Requirements and has been interviewed and accepted by the Candidate Selection Committee as a potential nomination candidate; and
(iii) provide opportunities for all Nominees to state their platforms and promote their candidacy.
(g) At a Candidate Selection Meeting, no business other than the selection of a Candidate shall be conducted until after the vote for the Candidate has been held.
(h) A person seeking nomination as a Candidate shall present to a member of the Candidate Selection Committee, before nominations are closed, a nomination paper signed by not fewer than ten (10) Members who are entitled to vote on the selection of a Candidate. The nomination paper shall also be signed by the Nominee indicating acceptance of the nomination and support of the Principles and Policies of the SPA. Every Nominee must have been a Member for at least thirty (30) days immediately prior to the date of the Candidate Selection Meeting, have a paid up membership extending to at least the latest possible date of the forthcoming election and be eligible to sit as a member of the Alberta Legislative Assembly.
(i) Nominations shall close at 5:00 P.M. fourteen (14) days prior to the date of the Candidate Selection Meeting or, when multiple Candidate Selection Meetings are to be held, at 5:00 P.M. fourteen (14) days prior to the date of the first such meeting.
(j) At Candidate Selection Meetings, a Returning Officer approved by the SPA, shall:
(i) supervise the voting and vote counting;
(ii) declare and announce the winner; and
(iii) destroy the ballots on the fourteenth (14th) day following the meeting.
(k) Before the vote is taken, each Nominee shall be given equal time to address the meeting. The time allotment shall be determined by the Candidate Selection Committee and communicated to all Nominees in advance, and may be used by the Nominee or the Nominee and their introducer as the Nominee may choose.
(l) On the ballot, the Nominees shall be named in alphabetical order.
(m) In order to receive a ballot, a Member must establish current membership in the SPA, as well as further identification as proof of ordinary residence in the provincial electoral district where the Member votes.
(n) Ballots shall be marked in secret by eligible voters. With the approval of the Returning Officer, any SPA approved voting method(s) may be used.
(o) The Board of Directors, after consultation with the Candidate Selection Committee, shall pass a resolution determining whether the Candidate will be selected by either:
(i) a sequential ballot, where, if after the first vote no Nominee receives more than fifty (50%) per cent of the valid votes cast, then the Nominee receiving the least number of votes shall withdraw and another vote shall be taken. This process shall be repeated until one (1) Nominee receives more than fifty (50%) per cent of the valid votes cast. A Nominee receiving over fifty (50%) per cent of the valid votes cast shall be the Candidate; or
(ii) a single preferential transferable ballot wherein the voters numerically rank the Nominees in the sequence of their choice.
(p) The Board of Directors may determine that more than one Candidate Selection Meeting should be held for a particular provincial election or by-election (the “Multiple Candidate Selection Meetings”) whereupon the following rules and procedures shall apply:
(i) The Board of Directors, after consultation with the Candidate Selection Committee, shall decide the number of meetings to be held and the location, date and time of each such meeting;
(ii) The same general rules and procedures as relate to a single Candidate Selection Meeting shall apply to each Multiple Candidate Selection Meeting;
(iii) Ballots at all Multiple Candidate Selection Meetings held shall be identical;
(iv) At these meetings, voting shall be by way of a single preferential transferable ballot;
(v) No person shall vote at more than one (1) Candidate Selection Meeting in any election or by-election;
(vi) All ballots cast shall be deposited by voters into sealed ballot boxes, and following the voting at each meeting the integrity of those ballot boxes shall be maintained unopened by the Returning Officer;
(vii) Votes for all Nominees are cumulative, and if no Nominee receives more than fifty (50%) per cent of the vote on counting the “first” choices marked on the ballots then the Nominee receiving the lowest number of “first” choice votes shall be dropped from the contest and their ballots shall be added to those of the remaining contestants according to their “second” choice and this process shall be repeated until a Nominee receives more than fifty (50%) per cent of the total number of valid votes cast in the election.
(q) In the event that there is only one Nominee, that person shall be the SPA Candidate, provided that each Member present (at the Candidate Selection Meeting) and voting marks “Yes” or “No” opposite the name on the ballot and that no more than fifty (50%) per cent of the eligible voters cast negative votes.
(r) In the event of an unanticipated provincial election or by-election, the time periods in Article 7(a), (f) and (i) and Article 10((b) may be abrogated by a resolution passed by the Board of Directors. The Provincial Board of Directors will decide and advise all Constituency Associations whenever they are authorized to implement the compressed time lines dealing with Candidate Recruitment and Selection.
(s) Memberships sold during the Candidate Selection process must be turned in to the President or the Candidate Selection Committee or their designate within the time parameters established in Article 6(b) and such Membership application forms must be signed by the applicant.
(t) For the purposes of this Article, a mail-in ballot may be used in those provincial electoral districts identified in the Alberta ELECTION ACT, and by other Associations if circumstances warrant with the approval by the Provincial Board of Directors, provided that the procedure for any proposed mail-in ballot is approved by the Provincial Directors.
(u) The Candidate Selection Committee shall interview each person seeking nomination as a candidate within seven (7) days of the filing requirements being met. In conducting such interview(s), the Committee shall satisfy itself as to the character and support of SPA Principles, Policies and Objectives of each person seeking nomination. The Candidate Selection Committee shall have the right to disallow the candidacy of any person, subject to the appeal of such decision to the Provincial Directors.
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NOTICES
(a) Notice of any meetings of the Association, together with notice of dates, times and locations of meetings, and items to be dealt with thereat shall be given by, or under the direction of the Secretary to each Member of record by one (1) or more of the following methods:
(i) mailing a copy of such notice to the Member’s address of record;
(ii) personally delivering a copy of such notice;
(iii) mailing to the Member’s address of record a copy of a Constituency Newsletter which prominently displays such notice;
(iv) causing such notice to be published in a newspaper or newspapers having general circulation coverage throughout the entire Constituency Association;
(v) oral communication to each Member; or
(vi) appropriate telephonic and computer technology.
(b) Notice of Meetings of the Association shall be given to all Members not fewer than seven (7) days and not more than thirty (30) days prior to the day on which any such meeting is to be held.
(c) Notice of Board of Directors meetings shall be given to all Directors by either the President or the Secretary not fewer than seven (7) days prior to the date of the meeting. Notice of any meeting of the Board of Directors may be waived with the approval of three quarters (3/4) of the Directors.
(d) Notice of District meetings, where applicable, shall be given by the Secretary of the Association or by the Director elected by the District to all Members of record ordinarily residing in the District not fewer than fourteen (14) days prior to the date of the meeting.
12. REPORTING
(a) Copies of the following shall be provided to Provincial Office by each Association within thirty (30) days of the holding of an Annual General Meeting:
(i) the names of the Directors and Officers with their mailing addresses, telephone and facsimile numbers and email addresses (if any), any change in the Officers makeup or personal information to be forwarded in a timely fashion on an ongoing basis;
(ii) the minutes of the Annual General Meeting; and
(iii) the annual financial report of the Association.
13. AMENDMENTS
(a) This Constituency Association Constitution may be amended only in accordance with Article 17 of the SPA Constitution.
14. FISCAL YEAR
(a) The fiscal year of the Association shall be a maximum of a twelve (12) month period recommended by the Board of Directors and approved by the Members at a meeting of the Association.
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15. BOUNDARY ADJUSTMENT
(a) In the event of a legal change to the boundaries of a provincial electoral district, one person from each Constituency Association so affected and one person appointed by the Provincial Board of Directors shall meet to decide the fair division of assets of the affected Constituency Associations and the transfer and co-ordination of Membership lists.
16. DUTY TO UPHOLD
(a) It shall be the duty of the Board of Directors to uphold and enforce the provisions of this Constitution.
17. REGULATIONS AND BYLAWS
(a) The Constituency Association may pass regulations and bylaws with respect to the operation of the Association so as not to conflict with this Constitution or the SPA Constitution. Copies of such regulations and bylaws must be kept by the Secretary in the Constituency Association files and copies thereof shall be sent to Provincial Office in a timely manner.
18. LIABILITY
(a) When acting within the scope of their authority, no Director of a Constituency Association shall be liable for any debts, actions, claims, demands, liabilities or commitments of any kind made by the Constituency Association. The Constituency Association shall indemnify and hold harmless each such Director against any such debt, action, claim, demand, liability or commitment.
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