MSC’s Constitution (continues) By-Laws - Mississauga Seniors' Council

BY-LAWS
1 – ELECTION PROCEDURES
1.1 NOMINATION PROCEDURES
No less than sixty (60) days prior to the AGM, notice shall be made available (website or email) to the voting membership of MSC along with nominating forms of positions to be filled by way of election.
This process shall constitute the MSC to call for nominations.
Formal nominations are to be received by the Chair, no less than 30 days prior to the AGM.
An executive candidate must be a voting member of MSC in order to be considered.
Nominations will be taken from the floor.
1.2 ELECTION PROCEDURES
Each voting club shall receive a proposed slate of individuals and ballots or voters card to ensure that each club has a single vote.
The Executive Committee shall determine prior to the start of the meeting whether ballots or voting cards shall be used.
The chair shall read aloud the proposed slate of the confirmed names of members willing to stand as a director.
1.3 PROXIES
• Proxy votes are allowed if the Chair is notified in advance and in writing.
1.4 SWEARING IN THE NEW OFFICERS
At the conclusion of the nominations, the Chair shall read out the names of the new slate of the newly-elected directors shall be sworn in by the Chair or past Chair, using this oath;
“I do sincerely pledge to honour the duties of my Office to the best of my ability and in accordance with the principles of the Mississauga Seniors’ Council”
Following the swearing-in, the newly elected Officers shall begin their term. .
1.5 FIRST MEETING AFTER THE AGM
A motion to confirm the election shall be the first order of business at the subsequent MSC executive meeting.
A motion to destroy the election ballots (if any) shall be the second order of business at the same meeting.
2 – CONFLICT OF INTEREST
A conflict of interest is defined as a situation which an officer, who is in a position of trust, has a professional or personal interest that competes with the best interest of MSC and its membership. Such competing interests can make it difficult for an officer to perform his/her duties and responsibilities objectively.
A conflict of interest exists even if no unethical or improper act results.
A conflict of interest can create an appearance of impropriety that can undermine confidence in MSC and its efforts.
2.1 DISCLOSING CONFLICT OF INTEREST AT A MEETING
If an Officer has or suspects he/she has a conflict of interest, direct or indirect, in any matter and is present at an Executive meeting, the Officer shall:
• Disclose the conflict of interest.
• Not take part in the discussion or the vote.
• Not influence the vote of others.
• Leave the meeting when the matter is under consideration.
2.2 DISCLOSING CONFLICT OF INTEREST AFTER A MEETING
If an Officer is not at the meeting where a conflict of interest arises, he/she shall disclose the conflict of interest at the first meeting attended by the said Officer.
2.3 CONFLICT OF INTEREST STATEMENT
All Officers must sign and abide by a Conflict of Interest Statement as approved by the Executive Committee of MSC.
3 – CODE OF CONDUCT
The Code of Conduct reflects a commitment to MSC values and provides a framework to guide ethical conduct in a way that upholds integrity. Executive Committee and Committee members are expected to behave in a way that aligns with the code.
3.1 CORE VALUES
All Executive Committee and general members shall act with impartiality and integrity
Members shall demonstrate respect, transparency and accountability.
3.2 GUIDING PRINCIPLES
Have a responsibility to act in good faith and to place the interest of MSC above own private interests.
Know that when there may be a real or potential conflict of interest, it must be disclosed at the first opportunity.
Behave in a way that demonstrates that behaviour and actions are respectful, fair and reasonable.
Encourage all executive committee members to act fairly and ethically.
Encourage feedback from the membership creating a welcoming environment.
All questions regarding the Code and how to apply the principles should be directed to the Chair.
Understand that breaches of this code may result in disciplinary action, up to and including suspension or termination from their position and membership of MSC.
Executive Committee members shall confirm (on an annual basis) their understanding of, and commitment to, the expectations of the Code of Conduct.
3.3 BEHAVIOUR STANDARDS
Must not engage in criminal activity and must comply with all relevant laws, regulations, policies and procedures.
Must not use the status or position with MSC to influence, benefit or advantage them.
Contributes and commits to a safe and healthy environment that is free from discrimination, harassment and violence.
Must not use drugs or alcohol in a way that affects performance and safety of themselves or others or negatively impacts the reputation of MSC.
Must act in a way that is consistent with MSC protocols on public content.
Must take reasonable steps to avoid situations where they may be placed in a real or apparent conflict between private interests and the interests of the club.
Possible examples;Use of confidential information.
Gifts and gratuities
Political activity
Outside activities that conflict with goals of the club.
Relationships that might question impartiality.
Signed Code of Conduct is maintained after the person is no longer a board or committee member of MSC.
3.4 REPORTING PROCESS
The Chair is designated as the Code administrator or his/designate on the Executive Committee
The Code administrator receives and ensures the confidentiality of all disclosures, is responsible for providing advice, managing the concerns, and ensuring procedural fairness.
Disclosure of all real or apparent conflicts of interest must be declared in writing to the Code Administrator; about oneself or another.
The Code Administrator promptly reviews the circumstance and details of the potential breach.
The identity of the reporter shall not be disclosed unless required by law.
The alleged member has the right to complete information and the right to respond.
The Code Administrator makes a decision and completes a report of the review in a timely manner.
The decision may range from no potential breach to one that reveals suspected criminal conduct.
If an officer or committee member does not comply with the standards of behaviour identified in the Code of Conduct, they may be subject to disciplinary action up to and including removal from their office or MSC.
A request in writing can be made to the Chair or his/her designate.
4 – LEGAL RESPONSIBILITIES
4.1 INDEMNIFICATION
MSC shall indemnify and save harmless the Executive Committee from all costs, charges and expenses that he/she sustains or incurs in or about any action, suit or proceedings that is brought against him/her in respect to any act done or permitted by him/her in the execution of the duties of his/her office.
An Executive Committee that is proven to be in neglect shall incur all costs that are associated with the legal proceedings.
4.2 MEMBER INFORMATION AND PRIVACY
All information collected from the membership including but not limited to name, address, phone numbers e-mail addresses shall be protected in accordance with applicable laws and only shall be used for the purposes of communication on MSC matters.
Personal information shall be kept secured.
If membership information is to be shared, each member must sign a release of information form.
Membership information shall not be distributed to any external group.
4.3 INSURANCE
MSC Executive Committee shall identify, decide and purchase any insurance for the organization members (i.e. Liability/errors and omissions insurance for the protection of the Executive Committees of MSC.
This updated and amended Constitution and By-Laws is ratified by the Executive on 2018-11-08 and approved by the members at the AGM or special meeting on 2018-11-15.
Name of Chair or President: Robert Harrick
Signature: Date: 2018-11-15
Name of Secretary: Andrew Lee
Signature: Date: 2018-11-15
Approved:
Adopted: Mississauga Seniors’ Council 20