Dogs Victoria

[wayrod]

The latest VicDog (October 2010) gazette section page 7 has this item under heading

AGM-Notices of business from members:

ANNUAL GENERAL MEETING AGENDA ITEMS

3.

A notice of business that directs or seeks to direct the management committee in any matter that is a power of the management committee [Clause 1.5 of the constitution] would not be a proper matter for an AGM, and therefore would be an invalid notice of business.

I read into this that Management Committee will not be held accountable to the members nor will they take any advice or direction from the members.

We have to change clause 1.5 of the constitution so that management committee will ultimately be responsible or accountable to members. If this item is allowed to remain, members as I see it will have no rights to question actions of management committee nor tell them in what direction they see that the organisation should be heading.

The AGM earlier this year had submitted agenda items refused to be placed on the agenda, now it seems members have no option than to change the powers of section 1.5 and other sections of the Constitution to ensure that members can bring up items at AGMs and SGMs and to have detailed explanations of actions taken by management committee given to members.

Lets have your comments, so that a detailed response can be made via agenda item/s at the AGM next year to let management committee know that they are appointed by the members, to serve the members, for the betterment of the organisation and in the interests of the members.

A democratic organisation that now dictates what items can be placed as agenda items is not a democratic organisation.

[Erny]

Hey Wayrod. I read this the same way as you, it seems. IE Anything that is under the control of the Management Committee can't be raised as an item at an AGM.

But does that also mean that Members won't be able to raise the matter of changing that rule because of the fact that the rule relates to the control of the Management Committee?

Wow!!

It kind of reminds me of the rule the Victorian Labor Government brought in that enables them to regulate (as opposed to legislate) without having to pass through parliament and without having to follow the usual rules (eg observation of Natural Justice and Procedural Fairness) and no one can object to it - or they can, but it doesn't have to make any difference if the Government decide they don't want it to.

[whippets]

wow they must have scored a copy of The City of Greater Geelong bylaws

[wayrod]

Hey Wayrod. I read this the same way as you, it seems. IE Anything that is under the control of the Management Committee can't be raised as an item at an AGM.

But does that also mean that Members won't be able to raise the matter of changing that rule because of the fact that the rule relates to the control of the Management Committee?

Wow!!

It kind of reminds me of the rule the Victorian Labor Government brought in that enables them to regulate (as opposed to legislate) without having to pass through parliament and without having to follow the usual rules (eg observation of Natural Justice and Procedural Fairness) and no one can object to it - or they can, but it doesn't have to make any difference if the Government decide they don't want it to.

I believe if we alter the consitution as allowed for under 1.7 then Management Committee would have no option than to follow those instructions/intent, afterall it is the Consititution that gives the Management Committee their powers now. We just have to arrange our wording to be very specific as to what we want of members of Management Committee in order to ensure that the right intent is obtained, ie instructions from the members, is followed.

1.7 ALTERATION OF CONSTITUTION

(As amended 14.1.93) No alteration to this Constitution shall be made except by a Special Resolution passed by a

majority of not less than seventy five per cent of the number of members of the VCA who, being entitled to do so,

attend and vote personally on the resolution at an Annual General Meeting of the VCA or at a Special General

Meeting of the VCA convened for the purpose of such resolution and notice of which meeting, specifying the terms of

the resolution and the intention to propose and move the resolution as a Special Resolution, was given to all members

of the VCA at least twenty one days prior to the holding of such meeting.

Any alteration to, or recision of, a Rule or implementation of a new Rule shall be of no effect until notice of such

alteration to, or recision of, the Rule or implementation of the new Rule has been:

1.7.1 (Approved 13.4.99) approved by the Registrar of Incorporated Associations pursuant the Act; and

1.7.2 served on members by publication of the text of such alteration or recision, or of the new Rule in the next

available issue of the VCA Gazette when the provisions of Rule 2.127, as to service of notice, shall apply.

1.8 In this Constitution no heading to a Clause or series of Sub-Clauses, nor any marginal notes or footnotes in this

Alterations/Changes would also have to be made to Rule 2.97.3, 2.103 which relate to AGM as well as 2.107.5 and 2.112 which relates to SGMs to ensure that the Chief Executive as well as the Management Committee follow the outcome of the meeting, as long as the outcome is lawful.

2.97.3 At all Annual General Meetings of the VCA no business shall be considered or discussed other than that of

which notice has been given on the notice convening the Meeting or any business which, in the opinion of the

Chairperson, shall arise out of such business.

2.103 Special Resolution

A resolution of members is a Special Resolution if it is passed by a majority which comprises not less than seventy five

per cent in number of such members of the VCA present in person and entitled to vote and voting on the resolution at a

meeting of which not less than 21 days written notice specifying the intentions to propose and move the resolution as a

Special Resolution was given in accordance with these Rules.

2.107.5 (As amended 1.6.98) A member desiring to bring any business before a Special General Meeting shall give

notice in writing of that business to the Chief Executive who shall include the business in the next notice

calling a Special General Meeting given after receipt of the notice from the member.

2.112 Special Resolution

A resolution of members is a Special Resolution if it is passed by a majority which comprises not less than seventy five

per cent in number of such members of the VCA present in person entitled to vote and voting on the resolution at a

meeting of which not less than 21 days written notice specifying the intentions to propose and move the resolution as a

Special Resolution was given in accordance with these Rules.

I believe Management Committee have a duty to follow the instructions/intent of the membership. We the membership give the Management Committee the direction where we see the organisation should be heading, the Management Committee have the responsibility to ensure that this occurs within the means of the Constitution, Rules and Regulations. The membership have the right to ask of Management Committee as to why actions have been undertaken and objectives have been met or not met.

Edited October 1, 2010 by wayrod

[Julie R]

Hey Wayrod. I read this the same way as you, it seems. IE Anything that is under the control of the Management Committee can't be raised as an item at an AGM.

But does that also mean that Members won't be able to raise the matter of changing that rule because of the fact that the rule relates to the control of the Management Committee?

Wow!!

It kind of reminds me of the rule the Victorian Labor Government brought in that enables them to regulate (as opposed to legislate) without having to pass through parliament and without having to follow the usual rules (eg observation of Natural Justice and Procedural Fairness) and no one can object to it - or they can, but it doesn't have to make any difference if the Government decide they don't want it to.

I believe if we alter the consitution as allowed for under 1.7 then Management Committee would have no option than to follow those instructions/intent, afterall it is the Consititution that gives the Management Committee their powers now. We just have to arrange our wording to be very specific as to what we want of members of Management Committee in order to ensure that the right intent is obtained, ie instructions from the members, is followed.

1.7 ALTERATION OF CONSTITUTION

(As amended 14.1.93) No alteration to this Constitution shall be made except by a Special Resolution passed by a

majority of not less than seventy five per cent of the number of members of the VCA who, being entitled to do so,

attend and vote personally on the resolution at an Annual General Meeting of the VCA or at a Special General

Meeting of the VCA convened for the purpose of such resolution and notice of which meeting, specifying the terms of

the resolution and the intention to propose and move the resolution as a Special Resolution, was given to all members

of the VCA at least twenty one days prior to the holding of such meeting.

Any alteration to, or recision of, a Rule or implementation of a new Rule shall be of no effect until notice of such

alteration to, or recision of, the Rule or implementation of the new Rule has been:

1.7.1 (Approved 13.4.99) approved by the Registrar of Incorporated Associations pursuant the Act; and

1.7.2 served on members by publication of the text of such alteration or recision, or of the new Rule in the next

available issue of the VCA Gazette when the provisions of Rule 2.127, as to service of notice, shall apply.

1.8 In this Constitution no heading to a Clause or series of Sub-Clauses, nor any marginal notes or footnotes in this

Alterations/Changes would also have to be made to Rule 2.97.3, 2.103 which relate to AGM as well as 2.107.5 and 2.112 which relates to SGMs to ensure that the Chief Executive as well as the Management Committee follow the outcome of the meeting, as long as the outcome is lawful.

2.97.3 At all Annual General Meetings of the VCA no business shall be considered or discussed other than that of

which notice has been given on the notice convening the Meeting or any business which, in the opinion of the

Chairperson, shall arise out of such business.

2.103 Special Resolution

A resolution of members is a Special Resolution if it is passed by a majority which comprises not less than seventy five

per cent in number of such members of the VCA present in person and entitled to vote and voting on the resolution at a

meeting of which not less than 21 days written notice specifying the intentions to propose and move the resolution as a

Special Resolution was given in accordance with these Rules.

2.107.5 (As amended 1.6.98) A member desiring to bring any business before a Special General Meeting shall give

notice in writing of that business to the Chief Executive who shall include the business in the next notice

calling a Special General Meeting given after receipt of the notice from the member.

2.112 Special Resolution

A resolution of members is a Special Resolution if it is passed by a majority which comprises not less than seventy five

per cent in number of such members of the VCA present in person entitled to vote and voting on the resolution at a

meeting of which not less than 21 days written notice specifying the intentions to propose and move the resolution as a

Special Resolution was given in accordance with these Rules.

I believe Management Committee have a duty to follow the instructions/intent of the membership. We the membership give the Management Committee the direction where we see the organisation should be heading, the Management Committee have the responsibility to ensure that this occurs within the means of the Constitution, Rules and Regulations. The membership have the right to ask of Management Committee as to why actions have been undertaken and objectives have been met or not met.

Edited October 2, 2010 by Julie R

[InspectorRex]

Wayrod, you know I support you on this.

I cannot make it to the meetings etc but pleaselet me know if there is one and I will apply for a Postal Vote.

[Julie R]

Wayrod, you know I support you on this.

I cannot make it to the meetings etc but pleaselet me know if there is one and I will apply for a Postal Vote.

Edited October 2, 2010 by Julie R