Constitution

CONSTITUTION OF THE
Don Valley West Provincial Liberal Association

Revised June 13, 2012

1. OBJECTS

1.1.      The objects of the Association shall be:

(a)       to promote and to make more widely known and understood Liberal principles and policies;

(b)       to provide a means of forwarding  to the Leader,  the  Members of the Legislative Assembly of Ontario, and the Executive Council and the Committees of the Ontario Liberal Party the opinions of the members of the Party;

(c)        to elect, promote and assist, with a focus on Don Valley West, but also in other constituencies, Liberal Members to the Legislative Assembly of Ontario;

(d)       to adhere to the provisions of the Constitution of the Ontario Liberal Party;

(e)       to organize the electoral district for the Ontario Liberal Party;

(f)         to promote the election of Liberals to municipal and local elected offices;

(g)       to increase support for and attachment to the Liberal party, and the MPP or candidate, in order to continue to keep Don Valley West a strong Liberal riding.

2. MEMBERSHIP

2.1       Any person resident in Ontario who subscribes to and supports Liberal political principles, the objects of the Ontario Liberal Party Constitution,  the objects of this Constitution, and who pays the annual dues prescribed by the issuing body may apply for membership in the Ontario Liberal Party and this Association.

2.2       At least ninety per cent of the members of the Association must be resident of the electoral district of Don Valley West.

Notwithstanding the foregoing, any non-resident member (or member who becomes a non-resident member) shall be entitled to renew his or her membership in each year for as long as that person continuously maintains his or her status as a member or immediate past member.

2.3       Any person who subscribes to the objects of the Ontario Liberal Party and to the objects of this Constitution and who, upon application for membership in the Association or for transfer of his/her membership, is refused membership shall have the right to have such matter decided by a Board of Arbitration as provided in section 10 hereof and shall have the right of appeal provided in such section.

2.4       A member is in good standing when he/she has paid his/her annual membership dues and otherwise complies in all respects with the constitution of the Ontario Liberal Party and this Constitution.  No dues or fees are payable by members except the annual membership dues which are from time to time fixed by resolution of the Executive Committee.  The member shall be issued a membership card provided by the Ontario Liberal Party.  Application forms for membership in the Association shall show name, residence address, telephone number and usual signature of the applicant and shall be accompanied by the prescribed annual membership dues.

2.5       A list of the Executive Committee of the association and all members of the association in good standing shall be kept by the Association and a copy of such list shall be forwarded to the Secretary of the Ontario Liberal Party within four (4) weeks after the holding of every Annual Meeting.

2.6       The list of all members in good standing shall be open for inspection, upon request, to any member in good standing of the Association.

3. VOTING PRIVILEGES AND ASSOCIATION DELEGATES

3.1       Except as set out below, all members of the Association in good standing, who have attained the age of fourteen years, are entitled to vote at any meeting of the Association, and to move or second resolutions, and to nominate or second a nomination for any Association office, delegate position or candidacy.

3.2       Those persons entitled to vote at an Annual Meeting of the Association or a meeting to elect Association delegates to an Annual Meeting of the Ontario Liberal Party or policy rally shall, in the case of members who are resident in the electoral district, be members in good standing of the constituency’s association seven (7) days prior to the constituency association’s meeting or convention and shall, in the case of members who are not resident in the electoral district, be members in good standing of the constituency association three (3) months prior to the Association’s meeting or convention, provided that an immediate past member of the constituency association may renew his or her membership at such meeting or convention but immediate past members who are not resident in the electoral district shall only be entitled to vote if they have been members in good standing for three (3) months prior to the commencement of the meeting or convention.   Except as aforesaid, all members of the constituency association are entitled to vote at any meeting of the constituency association.

3.3    Nomination Convention

3.3.1   Those persons entitled to vote at a Nomination Convention shall be the same persons described in section 3.2 except that the advance time period for persons resident in the electoral district shall be members in good standing of the Association at 5:00 p.m. (local time) on the fourteenth day prior to the Date of the Call of the Nomination Convention, and shall, in the case of members who are not resident in the electoral district, be members in good standing of the Association ninety (90) days prior to the Date of the Call of the Nomination Convention.

3.3.2   Immediate past members of the Association may renew their membership up to the end of voting at the Nomination Convention, but immediate past members of the Association who are not resident in the electoral district, shall only be entitled to vote if they had been members in good standing for at least ninety (90) days prior to the Date of the Call of the Nomination Convention.

3.3.3   However, in the case of a Nomination Convention called during an electoral urgency, the advance time period for persons resident in the electoral district shall be 5:00 p.m. (local time) on the day prior to the Date of the Call of the Nomination Convention, and shall, in the case of members who are not resident in the electoral district, be members in good standing of the Association ninety (90) days prior to the Date of the Call of the Nomination Convention.

3.4    Leadership Election Meeting

3.4.1   Those persons entitled to vote at the election of delegates and substitute delegates to a Leadership Convention shall be those persons described in the Ontario Liberal Party Constitution and the Rules of Procedure.

3.5       The Association shall hold a general meeting to elect delegates and alternate delegates to the events referred to in section 3.2 and delegates and delegate substitutes to the events referred to in section 3.4.

3.6       To be eligible to be a delegate, alternate delegate or delegate substitute to such events, a person must be a member of the association in good standing and have attained the age of fourteen years.

3.7       Each Association is entitled to elect fifteen (15) delegates to the Ontario Liberal Party Annual General Meeting or Policy Rally,  provided that:

(a)       at least three (3) shall not have attained the age of twenty-six (26) years and, in the event that there is an Ontario Young Liberal Club affiliated with Association, such persons shall be elected by such Ontario Young Liberal Club; and

(b)       at least three (3) shall be women and, in the event that there is a Women’s Liberal club affiliated with the Association, such persons shall be elected by such Women’s Liberal Club; and

(c)        at least three (3) shall be men.

3.8       Association members may vote in only one constituency association.

3.9       Delegates and alternates to an Annual General Meeting or a Policy Rally shall be elected by way of one ballot being cast for all positions.  The persons receiving the highest number of valid votes shall be delegates up to the required number and the persons receiving the next highest number of valid votes shall be alternates up to the required number.  If the required youth’s, women’s or men’s positions are not thus filled, the youth, women or men respectively receiving the highest number of valid votes shall be elected to those respective positions as delegates and alternates.  In the event that delegates fail to register at the meeting or convention of the Ontario Liberal Party to which they have been elected,  alternates present shall fill the vacancies in the order of valid votes received, provided that the youth’s, women’s, and men’s positions shall be filled by youth, women and men respectively if present.

4. EXECUTIVE COMMITTEE

4.1       An Executive Committee for the Association shall be elected at the Annual Meeting, consisting of:

(a)       a President;

(b)       an Executive Vice-President;

(c)        a Treasurer;

(d)       a Secretary;

(e)       an ABC Chair;

(f)         a Communications Chair;

(g)       a Community Council Riding Chair;

(h)       additional Community Council Chairs (6);

(i)       a Constitution Chair;

(j)         an Election Readiness Chair;

(k)        an Events and Social Chair;

(l)         an External Relations Chair;

(m)      a Forum/Policy Chair

(m)      a Fundraising Chair;

(o)       a Membership Chair;

(p)       an Outreach Chair;

(q)       a Women’s Chair; and

(r)        up to ten (10) Community Council Representatives.

4.2       The Executive Committee of the Association shall appoint the following, to be voting members of the Executive Committee:

(a)       a Chief Financial Officer, who shall be appointed at the earliest possible opportunity following the Annual Meeting; and

(b)       the Chairs of the Committees provided for in section 5 hereof, if such Chairs are not already elected members of the Executive Committee.

4.3       The following shall be ex-officio voting members of the Executive Committee of the Association:

(a)       the immediate Past President for the first year of office only of a newly elected President. In all other years the office of Past President shall be vacant.

(b)       the Liberal Member of the Legislative Assembly of Ontario for the electoral district and, where there is no Liberal Member, the Liberal candidate of the electoral district and where there is no Liberal candidate, the past Liberal candidate, and

(c)        the President of any Ontario Young Liberal Club affiliated with the Association.

4.4       The following shall be ex-officio nonvoting members of the Executive Committee:

(a)       the Area Coordinator whose responsibilities include the electoral district;

(b)       in instances of overlapping federal and provincial electoral district boundaries, the President of any federal Liberal Riding Association representing such federal electoral district;

(c)        in instances of overlapping federalb and provincial electoral district boundaries, the Liberal Member of the House of Commons of Canada for each such overlapping federal electoral district and, where there is no Liberal Member, the Liberal candidate for such federal electoral district and, where there is no Liberal candidate, the past Liberal candidate.

4.5       At least (1) person who has not attained the age of twenty-six (26) years shall be elected to be a voting member of the Executive Committee elected by members  of the Association present and voting at the Annual Meeting of the Association, in addition to the President of the Ontario Young Liberal club referred to in section 4.3(c).

4.6       Subject to section 6.1, the President shall, when present, preside at all meetings of the Association and of the Executive Committee, and shall not ordinarily vote on any matter at such meetings, but may exercise a vote in the event of any tie.  He/she shall be an ex-officio member of all committees.  The President or his/her designate shall represent the Association at the Presidents’ Council of the Ontario Liberal Party.  The President shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.7       The Executive Vice-President shall be vested with all the powers and shall perform all the duties of the President in the absence or inability or refusal to act of the President, such inability or refusal to be determined by a two-thirds vote of the Executive Committee.  The Executive Vice-President shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.8       The Treasurer shall keep or cause to be kept the books of record and bank account of the Association and shall present a financial report at the Annual Meeting and meetings of the Executive Committee.  The Treasurer shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.9       The Secretary shall, when present, act as Secretary of all meetings of the Executive committee and of the Association and shall have charge of the minute book of the Association.  The Secretary shall be responsible for preparing and circulating all notices of meetings and minutes of meetings of the Executive Committee and of the Association.  The Secretary shall be responsible for the preparation and maintenance of the lists of Executive Committee members with addresses. The Secretary shall possess and may exercise such other powers and duties as may from time to time be assigned to him/her by the Executive Committee.

4.10    The Membership Chair shall keep a list of the members in good standing of the association, with addresses, and forward a copy of such list and the list of Executive Members to the Secretary of the Ontario Liberal Party within four (4) weeks after the holding of every Annual Meeting as required by section 2.5.  The Membership Chair shall be responsible for ensuring that at least ninety (90) per cent of the members of the Association are residents of the electoral district.

4.11    The Chief Financial Officer shall comply with the provisions of the Elections Finances Act, 1986, as amended and with the provisions of the Elections Act, 1984, as amended.

4.12    The Executive Committee shall have charge of the administration of the affairs of the Association, subject to the direction of the Annual Meeting.

4.13    The Executive Committee shall appoint a Chair for, and direct the activities of, any committee the Executive Committee shall from time to time deem necessary.

4.14    In the event of a vacancy occurring in any elected position, the Executive Committee shall appoint a person to hold the office until the next Annual Meeting.

4.15    The presence of ten (10) of the members entitled to vote at the Executive Committee meeting shall constitute a quorum.

4.16    If any elected member of the Executive Committee is absent without cause for three (3) consecutive meetings, the Executive Committee shall have the authority to declare that member’s position vacant.

4.17    The Executive Committee shall meet at the call of the President or at the written request of any three (3) elected members of the Executive Committee.  Notice of the time and place of a meeting of the Executive Committee shall be given by the Secretary to each member of the Executive Committee at least five (5) days prior to the meeting.   A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business.  Except as otherwise specified herein, questions arising at any meeting of the Executive Committee shall be decided by a majority of votes.

4.18    The Executive Management Committee (EMC) shall be comprised of the following members: the President, the Executive Vice President, the Chief Financial Officer, the Secretary, the Communications Chair, the Community Council Riding Chair, the Events and Social Chair, the Fundraising Chair, the Membership Chair, the Outreach Chair, the ABC Chair, the Forum/Policy Chair, the Constitution Chair, the External Relations Chair, the Women’s Chair, the Election Readiness Chair, the Treasurer, the immediate Past President, the Liberal Member of the Legislative Assembly of Ontario for Don Valley West, or the Liberal candidate for Don Valley West or where there is no Liberal Candidate for Don Valley West the past Liberal Candidate for Don Valley West, and the President of the Don Valley West Ontario Young Liberals Club. Notwithstanding, the EMC may invite other Executive Members or Association Members to attend as appropriate.

4.19    The Executive Management Committee (EMC) shall meet at the call of the President or at the written request of any three (3) elected members of the EMC.  Notice of the time and place of a meeting of the EMC shall be given by the Secretary to each member of the EMC at least five (5) days prior to the meeting.  The presence of 50% of the members of the EMC shall constitute a quorum for the transaction of business.  Except at Executive Committee Meetings, the EMC shall be charged with carrying out the responsibilities of the Executive for the administration of the affairs of the association as set out in 4.11 and will report its decisions to the full executive.  Except as otherwise specified herein, questions arising at any meeting of the EMC shall be decided by majority vote.

5. COMMITTEES

5.1       The Executive Committee shall appoint a Chair and direct the activities of the Nominating Committees, the Constitution Committee and the Finance Committee at the earliest opportunity following the Annual Meeting of members.

5.2       The Executive Committee shall appoint a Chair and direct the activities of such other committees as the Executive Committee shall from time to time deem necessary.

5.3       Each committee shall have at least two (2) members in addition to the Chair.

6. PRESIDING OFFICER AT MEETINGS AND NOMINATION CONVENTIONS

6.1       The President of the Ontario Liberal Party or his/her delegate or the President of the Area Association concerned or his/her delegate, whoever shall do so first, may attend any Annual, General or Special meeting or Nomination Convention or meeting to elect delegates and shall conduct the election of officers, delegates and alternates, or the nomination of a candidate.

6.2       Impartial membership and steering committees for the Association may be set up by the President of the Ontario Liberal Party at the request in writing of ten (10) members of the Association.  The cost of such committees to be borne by the Association and the powers of such committees shall be as specified in the appointment.

7. ANNUAL MEETING

7.1       An Annual Meeting shall be held each year at a time and place within the electoral district fixed by the Executive Committee to elect the elected members of the Executive Committee, to receive the Treasurer’s Financial Report and to conduct the business of the Association.

7.2       If no Annual Meeting is held within one (1) year of the last one either the Executive Committee of the Ontario Liberal Party or the Executive Committee of the Area Association concerned, whichever shall do so first, shall have the authority to call and conduct such meeting at such time and place in the electoral district as it sees fit.

7.3       Written notice must be given fourteen (14) days in advance of the Annual Meeting to all members and immediately past members of the Association and to the Secretary of the Ontario Liberal Party.  The notice must be given as required by the Ontario Liberal Party’s Rules of Procedure.  There must be delivered to the Secretary of the Ontario Liberal Party as part of the notice a copy of the Association’s constitution which shall comply with the Constitution of the Ontario Liberal Party.  Failure to give such notice to the Secretary of the Ontario Liberal Party may render the meeting a nullity if the Executive Council of the Ontario Liberal Party so declares.

7.4       There shall be reports from the President and the Treasurer, and there may be reports from any other members of the Executive Committees.

7.5       All members in good standing of the Association who have attained the age of fourteen (14) years shall be entitled to hold office in the Association or in the Ontario Liberal Party or represent the Association to any delegated meeting of the Ontario Liberal Party.

7.6       If there is a contest for any of the elected Executive Committee positions, the elections for these positions shall be conducted by secret ballot.

7.7       The presence of twenty (20) or more members entitled to vote at the meeting shall constitute a quorum.

7.8       An auditor shall be appointed by motion made at the Annual Meeting.  If the auditor becomes unable or unwilling to perform his or her responsibilities, the Executive Committee shall appoint an auditor until the next Annual Meeting.

7.9       The Executive Council of the Ontario Liberal Party or a Board of Arbitration may declare null and void any Annual Meeting for which or at which proper procedures have not been followed.

8. GENERAL MEETINGS

8.1       Written notice must be given fourteen (14) days in advance of all association meetings and conventions to all members and immediately past members of the Association and to the Secretary of the Ontario Liberal Party.  The notice must be given as required by the Ontario Liberal Party’s Rules of Procedure.  There must be delivered to the Secretary of the Ontario Liberal Party as part of the notice, a copy of the Association’s constitution which shall comply with the Constitution of the Ontario Liberal Party. Failure to give such notice to the Secretary of the Ontario Liberal Party may render the meeting a nullity if the Executive Council of the Ontario Liberal Party so declares.

8.2       A General meeting must be called by the President or the Executive Committee on being petitioned in writing by at least fifteen (15) members in good standing of the Association.  The reason for the General Meeting must be stated in the petition.  If the General Meeting is not called by the President or the Executive Committee of the Association within forty-eight (48) hours of the presentation of the petition the President of the Ontario Liberal Party or of the Area Association, whoever shall do so first, may call the General Meeting.

8.3       The Executive Council of the Ontario Liberal Party or a Board of Arbitration may declare null and void any General Meeting for which or at which proper procedures have not been followed.

9. NOMINATION CONVENTION

9.1       “Date of Call of the Nomination Convention” means the date on which the Panel for the electoral district determines, by majority vote, to fix a         date for the Nomination Convention.

“Panel” means the Panel of persons which shall exist for each Constituency Association, consisting of the President of the Liberal Party (or his/her designate), the Ontario Campaign Chair (or his/her designate), and the Constituency Association President (or his/her Alternate).  Where the position of Ontario Campaign Chair is held jointly by more than one person, any of them may act as Ontario Campaign Chair on a particular Panel.

“Date of the Nomination Convention” means the date on which the Nomination Convention for a particular Constituency shall be conducted, being no sooner than forty-nine (49) and no later than fifty-six (56) days after the Date of the Call of the Nomination Convention.

9.2       Nomination Conventions to elect the candidate for the Ontario Liberal Party in any electoral district shall be conducted in accordance with the Constitution of the Ontario Liberal Party and the procedures set forth in the Rules of Procedure.

9.3       Notice of a Nomination Convention shall be given by the Constituency Association in writing in the form prescribed in the Rules of Procedure to all members and immediate past members of the Constituency Association and to the Secretary of the Ontario Liberal Party within seven (7) days of the Date of Call of the Nomination Convention.  If the Constituency Association fails to send the notice within seven (7) days of the Date of the Call of the Nomination Convention, it shall be sent by the Ontario Liberal Party within fourteen (14) days of the Date of the Call of the Nomination Convention.

9.4       Any person intending to seek nomination as a candidate shall, in order to be eligible to stand for election, unless there is an electoral urgency, submit nomination papers to the Secretary of the Ontario Liberal Party no later than 5:00 pm (Eastern time) on the twenty-first (21st) day following the Date of the Call of the Nomination Convention.  The Panel may waive or postpone the time requirements for the filing of nomination papers if it is expedient and in the best interests of the Ontario Liberal Party.

9.5       A member shall not stand as a candidate for election in the electoral district as a Liberal unless duly nominated at a Nomination Convention of the constituency association held under the supervision of the Ontario Liberal Party, and a Liberal Member for the electoral district shall cease to be a member of the Association and its candidate upon leaving the Liberal Party.

9.6       Each candidate for nomination at a Nomination Convention shall, as of such Nomination Convention, be eligible to sit as a Member of the Legislative Assembly of Ontario and shall be a member in good standing of the Ontario Liberal Party at the cut-off for such Nomination Convention.

9.7       Balloting for candidates at a Nomination Convention shall be by secret ballot, and in the event that there are more than two (2) nominees, balloting at the meeting shall be conducted by one ballot only, which shall be a secret preferential ballot, using a form of ballot similar to Form ‘D’ in the Rules of Procedure.

9.8       Notwithstanding section 9.6, the Officers of the Ontario Liberal Party may direct that balloting for candidates at Nomination Convention held for any by-election shall be by secret preferential ballot conducted in accordance with the Ontario Liberal Party’s Rules of Procedure.

9.9       The procedure to be followed at a Nomination Convention shall be as provided in the Rules of Procedure adopted by the Executive Council of the Ontario Liberal Party from time to time for the conduct of meetings of constituency associations.

9.10    The Executive Council of the Ontario Liberal Party or a Board of Arbitration may declare null and void any Nomination Convention for which or at which proper procedures have not been followed.

9.11    The Association’s candidate and that candidate’s Chief Financial Officer must comply with the provisions of the Election Act, 1984, as amended and with the provisions of the Election Finances Act, 1986, as amended.

9.12    A Nomination Convention may be held at more than one location within the electoral district, if the Executive Committee so determines.  (Note:  this provision is only available with the prior consent of the Ontario Liberal Party Executive Council, if it determines that geographic circumstances make such a provision advisable).

10. BOARD OF ARBITRATION

10.1    Disputes arising with respect to meetings or any other matter relating to the Association, an Ontario Young Liberal Club, a Women’s Club, an Area Association or a FOLSat association shall be decided by a Board of Arbitration as set out in the Constitution of the Ontario Liberal Party.

11. CONSTITUTIONAL AMENDMENTS

11.1    This Constitution may be amended by a two-thirds majority of the Association members in good standing and entitled to vote, and present and voting at any duly called general meeting of the members of the Association provided that notice has been given of intention to amend the Constitution.

11.2    Other than amendments proposed by the Constitution Chair, amendments may be proposed by any two (2) members by submitting the amendments in writing to the Secretary of the Association at least seven (7) days prior to the meeting at which the proposed amendments are to be moved.  The Secretary shall refer any such proposed amendments to the Constitution Chair.

11.3    A copy of the Constitution and any amendment thereto shall be forwarded in writing to the Secretary of the Ontario Liberal Party within ten (10) days of the enactment of such Constitution or amendment.  Within ninety (90) days of receipt in writing by the Secretary of the Ontario Liberal Party of any such Constitution or amendment or at any time such Constitution or amendment comes to the attention of the Executive Council of the Ontario Liberal Party, the Executive Council may declare some or all of such Constitution or amendment to be null and void.

11.4    In all cases where the provisions of this Constitution are inconsistent with the provisions of the Constitution of the Ontario Liberal Party or where the provisions of this Constitution do not provide for some matter, the provisions of the Constitution of the Ontario Liberal Party shall govern the Association.

11.5    The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with either this constitution or the Constitution of the Ontario Liberal Party or any Rules of Procedure which the Executive Council of the Ontario Liberal Party may adopt.

Note: The current edition of Robert’s Rules of Order Newly Revised is the 11th edition published in 2011.

12. DISCIPLINE

12.1    The Executive Committee of the Association may, after written notice to the person affected, and after providing him/her with an opportunity for a hearing with the right of counsel, by a two-thirds vote of the members of the Executive Committee present at a meeting suspend any officer or expel any member, subject to an appeal, in each case to the Executive Council of the Ontario Liberal Party, or if so delegated, to the Area Association Executive Council from such a decision.

12.2    The Executive Council of the Ontario Liberal Party is empowered to take direct action to bring the Association into compliance with the Election Finances Act, 1986, as amended whenever the Association contravenes that Act.  The cost, if any, of such action shall be borne by the Association should the Executive Council of the Ontario Liberal Party so decide.

12.3    The Association will adhere to all Rules of Procedure from time to time passed by resolution of the Executive Council of the Ontario Liberal Party.

13. YEAR END

13.1                The year end of the Association shall be DECEMBER 31.