African Association of Niagara Constitution.
By - Laws
OF
AFRICAN ASSOCIATION OF NIAGARA
PREAMBLE
The African Association of Niagara (a non-profit, non-partisan, cultural, fraternal organization) is hereby established by the following By-Laws for its government is outlined in the following articles.
ARTICLE I - NAME AND REGISTRATION
1. The Association shall be called and known as the African Association of Niagara and bear the acronym of AAN (here and after called the "Association.") All instruments concerning and pertaining to the Association shall be duly executed in the above name.
2. The Association shall have a registered office in St. Catharines , the Province of Ontario, Canada, and shall be officially registered as a non-profit and voluntary organization.
ARTICLE II - OBJECTIVES
The objectives of the Association shall be:
1. To promote a spirit of unity and cordial relationship among all Africans and people of African descent and their families' resident in the Niagara region.
2. To offer support to all members who might get involved in unexpected problems and tragic situations beyond their control.
3. To promote and keep alive the African culture and to participate in cultural events.
4. To provide a framework for Africans and African-Canadians to share their cultural heritage with all Canadians.
5. To act as a liaison between members of the Association and both Governments and Non-government agencies on matters of interest to members.
6. Where indicated, to assist all African in Niagara in the matter of gaining a better understanding and fuller appreciation of the Canadian society.
7. To assist the children of African origin in gaining a better understanding and appreciation of African culture and values.
8. To associate with any group or groups whose objectives are in agreement with the objectives 1. through 7. above.
ARTICLE III - MEMBERSHIP
1. Membership in the Association shall consist of all willing persons, whose place of domicile for the current membership year or part thereof is in Niagara, and of any of the following categories:
a) Citizens of any African state, whether by birth, marriage or naturalization.
b) Person or persons formerly satisfying condition (a)of this section and who by naturalization or otherwise have become citizens of Canada or any other country.
c) Any other person or persons whose primary and discernible interests coincide with the objectives stated in Article 11 of this By - Law.
d) Spouses and children of persons satisfying conditions (a) or (b) or (c) of this section.
e) There shall be no regard for religion, country, education, colour, creed, profession or political affiliation.
2. A member shall be considered "in good standing" only upon full payment of all dues and contributions obligatory upon him/her as a member of the Association and attended at least two general meetings a year.
3. Each member (16 and over) in good standing shall be entitled to one vote on each question arising at any general or special meeting of the Association.
ARTICLE IV - FINANCIAL MATTERS
1.The accounting year of the Association shall last from the date of the October meeting of the association in one year till the October meeting of the succeeding year.
2. Each member shall pay a yearly due of $30.00 for family, $20.00 for single working person and $10.00 for students, for each year of membership, and a registration fee of $5.00 in respect of new registration. However, members may make voluntary donations to the Association at any time to support general and specific activities of the Association.
3 A member who does not pay his/her dues for a period of three months shall lose his/her "Good Standing" status and shall be given a further period of three months to redeem him/herself. Thereafter, such a member will lose his/her membership in the Association.
4. It has been agreed upon and understood by members that registration fees and quarterly dues are non-refundable upon termination of membership.
5. If a member terminates his/her membership as a result of unpaid dues, for that member to rejoin the Association in future, the balance will have to be paid up to date.
6. Any member who leaves the Province or the Country and returns within a period of five years to rejoin the Association shall not pay any registration fee.
7. For specific special events members may, at a meeting called to discuss ways and means of funding such events (among other business) and subject to the approval of members at the meeting, be required to contribute a sum or other resources toward defraying the expenses that may be incurred in respect of such special events.
8. The Association shall maintain a bank account in its name. Any two of the President, the Treasurer and the Secretary shall be the recognized signatories and must sign any cheque or other financial instrument of the Association for such a cheque to be valid.
9. Any monies received on behalf of the Association including dues, fees, fines, donations, subventions, grants, etc. must be receipted for. Such moneys must be deposited into the Associations account on the day of receipt or on the next banking day.
ARTICLE V - AUDITING
1. From time to time, an Auditor shall be appointed by the general membership to perform specific auditing functions, the nature and terms of such functions to be stated at the same time.
2. The Auditor shall be appointed to and removed from office by a simple majority of members present at a meeting. The Auditor shall hold office until he/she submits a report on the assigned function(s) or until removed from office.
3. For all intents and purposes the Auditor shall be independent of the Executive and shall be accountable to the general membership of the Association.
ARTICLE VI - THE EXECUTIVE COMMITTEE
1. The affairs of the association shall be managed by the Executive committee. The Executive shall comprise the President, the Vice President, the Secretary, the Treasure and the Public Relations Officer.
2. Members of the Executive shall all be elected at one time, and at a meeting duly called for the election of the Executive in October of each alternate year. Officers of the Association will be specifically elected to each position and will be members of the Executive committee.
3. At a meeting for the election of the members of the Executive, a returning officer shall be appointed by the members at the meeting to oversee the elections. Nominations for any office shall be limited to three, each nomination being made by a member in good standing and seconded by another member in good standing. Voting shall be by secret ballot and of those physically present at the meeting. A candidate shall be deemed duly elected if he/she secures a simple majority of the voted cast.
4. The Executive committee shall hold office for a period not exceeding two calendar years beginning in October of the year of election. A member of the Executive may be re-elected to the same or other position in Executive provided that no member shall continuously hold the same position for more than forty-eight consecutive months.
5. Bye-elections may be held to fill vacancies that many arise in the Executive during the tenure of the Executive. Where the office in question is not that of the President, the President assumes the position of the returning officer in accordance with the provisions of Section 3 of this Article.
6. The executive shall be Africans or spouses thereof or descendants thereof and shall be reflected in the culture of Africa.
7. The President Shall Perform the Following Functions:
a) Summon a general meeting, at least four times a year in October, January, April and July on the first Sunday of the month from 4:00 p.m.
b) Direct the Secretary to summon the Executive, general and other meeting of the association.
c) Preside at all Executive and General meeting of the Association. In performing this function, the President shall ensure that all standing protocols and rules prearranging to meetings are observed.
d) Represent and act, and in a responsible manner, on behalf of the Association on matters affecting the Association.
e) Execute or cause to be executed all instruments concerning or pertaining to the affairs of the Association.
f) At all times keep him/herself informed and up-to-date on the financial position of the Association.
g) Perform any other duties as may arise from time to time, in accordance with Article 2. of this By - Law.
h) Direct the Treasurer to present a financial statement before the end of the year to the Executives for ratification in the October General meeting by the general membership.
8. The Vice President Shall:
a) Become the substantive President of the Association on the removal or resignation of the president, and the position of vice President shall become vacant as a result.
b) Perform all the duties of the President in the absence or disability of the President.
c) Assist the P.R.O. to oversee and report on cultural and social activities and any other such duties as may be assigned to her/him by the President or the Executive.
9. The Secretary Shall Perform the Following Functions:
a) Convene Executive, General and Emergency meetings as directed by the President.
b) Record all the minutes of the Executive and General meetings and present them at the subsequent meetings.
c) Have in charge of all the correspondence between the Association and external persons and/or organizations. The Secretary may however delegate some of this responsibility to the P.R.O.
d) Sign and countersign such instruments as requiring his /her signature.
e) Forward any correspondence received through his/her office to appropriate members of the Executive responsible for the matters discussed in such correspondence.
f) Keep members posted on news of general interest received through his/her office.
g) Maintain a register of the Executive and members of the Association and issue registration kits to new members.
10. The Treasurer Shall Perform the Following Functions:
a) Have the care and custody of all funds and securities of the Association and keep a clear record of the same in accordance with Article 4. Section 9. of this By - Law.
b) Make efforts to collect the dues, fines and other financial obligations of members, and generally oversee the fund-raising activities of the Association.
c) Account for all the incomes received and expenditures incurred by the Association in the normal pursuit of the Association's objectives.
d) Be prepared to present a financial report to any general or the Executive meeting of the Association, or to an Auditor of the Association at the request of the President, the Executive or any two or more members present at a meeting.
e) Keep the President informed of the financial position of the Association at periodic intervals not exceeding three months at a time.
11. The Public Relations Officer Shall:
a) Oversee and report on all the publicity and liaison with other groups of the Association, and ensure that all members are informed and fully aware of such activities.
b) Take the necessary step to ensure that the Niagara community is fully aware of all such activities of the Association as may require public knowledge.
c) Represent the Association in a responsible manner, on matters pertaining to the cultural, publicity and social activities of the Association and involving other persons of organizations with whom the Association may need to interact.
d) Forward any information received through his/her contact with other organizations to appropriate members of the Executive responsible for acting on such information.
e) Perform other such functions as may be assigned to him/her by the President or the Executive.
f) Perform the functions of the Secretary in the absence or disability of the Secretary.
ARTICLE VII - COMMITTEES
1. When considered necessary, special purpose committees may be appointed by a meeting of members. Membership on such committees shall be voluntary. A Committee shall be appointed or dissolved on a simple majority of member present at a meeting.
2. The treasurer shall be a member of any committee charged with financial function. The Vice-President shall be a member of any committee charged with cultural and /or social functions.
3. A committee shall render a report on is activities to normally convened meeting of the members at appropriate intervals, and within a month of the conclusion of its assignment. The special committee may be dissolved after the submission of its final report.
4. No committee shall incur any liabilities without authorization from the Executive.
ARTICLE VIII - MEETINGS
1. The president shall summon a general meetings, at least four times a year in October, January, April and July, on the first Sunday of these months from 4:00 p.m. (or as deemed necessary by the President), one of which shall be an Annual General Meeting.
2. An Annual General Meeting shall be held once every year. At the AGM, the executives shall present a written report of the year's activities to the membership. This shall include the statement of accounts for the year under review. This can be rendered separately by the Treasurer if it is found to be convenient.
3. An election of officers shall be held at the second Annual General Meeting before the ensuing year. The outgoing officers shall execute the entire business before handing over to the new elected officers.
4. Whenever, in the opinion of the Executives, there is a crucial issue requiring the attention to the membership, an Emergency Meeting shall be summoned for the purpose.
5. A member in good standing may request a meeting by notifying the President and the Secretary. Such notification shall state the reason for the meeting.
6. At every meeting of the Executive, three members of the Executive shall constitute a quorum; and unless otherwise provided, all questions arising such meetings shall be decided by a simple majority of votes.
7. At every annual and other meetings of members, one-third of the registered members and in good standing (at the time of meeting ) shall be necessary to constitute a quorum for the transaction of business; unless otherwise provided, all questions arising at a meeting of the members shall be decided by a simple majority votes.
8. If after thirty minutes of the time for which any Executive or other meeting is called, a quorum is not present, the President (or in the absence of the President, any member of the Executive), may cancel such a meeting. A substitute meeting may then be called within a period of time not less than seven days and not more than 15 days thereafter.
ARTICLE IX - REMOVAL OF MEMBERS OF THE EXECUTIVE
1. A member of the Executive shall be removed from office only if his/her actions are deemed inconsistent with the objectives of the Association as stated in Article II, such determination to be made in the form of a vote of no confidence by the general membership.
2. A resolution calling for a vote of no confidence may be tendered to the president by any member in good standing, in writing, and supported by at least two other members in good standing
3. The President shall, within a period of not less than seven days, and not exceeding 15 days, convene or cause to be convened a meeting of the general membership for consideration of such a resolution.
4. The resolution shall be considered passed and binding if it is supported by a simple majority of the members in good standing present at the meeting and after the erring Executive member has been given ample opportunity at the meeting to defend him/herself.
5. The removal of any member of the executive shall in no way constitute expulsion or removal from the general membership of the Association.
6. In the event of removal or resignation, a member of the Executive shall surrender to the President all official documents of the Association in his/her position prior to removal or resignation.
ARTICLE X - GENERAL DISCIPLINE
1. The provision of this article shall apply to all members of the Association whether in the general membership or the Executive Committee.
2. Members shall conduct themselves in a manner not detrimental to the objectives of the Association as stated in Article II at all meetings, activities or special activities of the Association.
3. If the behaviour of a member is deemed contrary to the objectives of the Association a representation shall be made to the Executive Committee and the Executive Committee shall subsequently bring a disciplinary motion against such a member at a meeting properly convened for the transaction of the business of the Association.
4. Such an erring member must be informed in advance of the nature of the motion to be brought against him/her, and must be given an opportunity to defend him/herself at the meeting.
5. An erring member of the Association, if found guilty by a simple majority of votes members present at the meeting, (such votes being cast in secret), may be fined up to $10.00 (in respect of each and every subsequent infraction), or suspended from the general membership for a period not exceeding 90 days, or expelled from the Association. The form of discipline to be determined by a simple majority of votes of the General Members.
6. It is hereby understood and agreed that a fine shall be paid within 15 days of on pain of loss of "Good Standing"status. A suspension shall include exclusion from all meeting, activities and special activities of the Association for the period of the suspension.
7. In the event of suspension or resignation, a member shall remain liable for the return of all properties of the Association in his/her possession prior to suspension or resignation from the general membership
ARTICLE XI - DISSOLUTION OF THE ASSOCIATION
1. The association shall be dissolved upon two - thirds vote of the members present at a meeting called for that purpose.
2. Upon dissolution of the association the remaining assets and properties after the payment of debts and liabilities shall be used to set up scholarship fund in one of Niagara's institutions of higher learning for youth of African - Canadian descent.
ARTICLE XII - AMENDMENTS TO THE BY - LAW
1. This instrument of the Association may be amended subject to the following provisions:
a) All amendments shall be submitted in writing to the Executive through the President, and must be supported by at least two other members in good standing.
b) The president shall at a general meeting present the said submission for the consideration of the general membership.
c) An amendment shall be considered passed and binding if it is supported by the votes of not less than two-third of the members present at such a meeting
ARTICLE XIII - REVIEW
The By - Law shall be reviewed at every second annual general meeting.
Certified to be true copy of the By - Law and General By-Laws of the African Association of Niagara, and enacted by a vote of two-thirds of the members present at the meeting held on the day of 29th of January 1995
President: Date:
Secretary: Date:
