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Constitution & Bylaws

CONSTITUTION (July 2000)

  1. The name of the association is the Hornby Island Residents’ and Ratepayers’ Association.
  2. The purposes of the association are:
    1. To protect and advance the interests of the residents and ratepayers of Hornby Island as expressed in the official community plan.
    2. To prevent pollution and abuse of land and natural resources.
    3. To encourage voluntary community or individual enterprise.
    4. To cooperate with other community organizations on and off the island.
    5. To assist government agencies, at all levels in the management of HornbyIsland affairs by:
      1. Being cognizant of government functions, procedures and services at all levels.
      2. Entering into contractual arrangements and/or agreements with appropriate agencies for the financial and administrative management of Hornby Island affairs and services.
      3. Representing Hornby Island residents and ratepayers to appropriate government agencies.
    6. To represent and to assist residents and ratepayers to obtain, maintain and improve recreational facilities, both public and private, on and off the island.
  3. The operation of the association shall be carried on without purpose of gain for its members and profits or other accretions to the association shall be used in the promotion of its objects. THIS PROVISION SHALL BE UNALTERABLE.
  4. In the event of dissolution or of the winding up of the association, any money or assets of the association remaining after the satisfaction of its debts and liabilities shall be given or transferred to such organizations concerned with social problems or organizations promoting the same objectives as this society as may be determined by the members of the association at the time of winding up or dissolution. Failing such determination then such money and assets shall be given or transferred to some other organization provided that such organization referred to in this chapter be a charitable organization or a trust recognized by the department of National Revenue of Canada as being qualified as such under the provisions of the INCOME TAX ACT OF CANADA from time to time in effect. THIS PROVISION SHALL BE UNALTERABLE.

BYLAWS
(revised March 2002) (revised Dec 14, 2005)

General

These bylaws represent those items of a regulatory nature peculiar to the Hornby Island Residents’ & Ratepayers’ Association. Separate publications may be required to supplement and expand these bylaws and should contain routine and procedural information regarding the day to day operation of the association. Procedural documents may be changed, as required, by the executive. No supplementary publications shall contravene the legality or the intent of the constitution and by-laws.

1. Membership

All persons of voting age according to the laws of B.C. assessed for municipal taxes upon land on Hornby Island are eligible for membership. All residents of voting age according to the laws of B.C. not being owners of land nor being named on the tax assessment notices on land owned on Hornby Island are eligible for membership in the association after six months residency on the island.

2. Membership Rights and Obligations

  1. There shall be a membership roll in the custody of the secretary stating the names and addresses of the members. Persons eligible for membership shall become members on submission of their names to the secretary and entry into the membership roll.
  2. Members shall obey the regulations of the association and submit to its rulings or those of the presiding Officer.
  3. A member may vote on any resolution providing he or she has been a member for at
    least forty – two (42) days before the date of the meeting at which the vote is taken.
  4. Any non-member may attend meetings of the association and may participate to the extent approved by the
    presiding chairperson, but eligibility to vote shall be in accordance with existing by-laws.

3. Meetings, Quorum and Voting Rights

  1. Whenever possible, a circular seating arrangement for general meetings shall be adopted.
  2. HIRRA’s GUIDE TO THE ETIQUETTE OF MEETINGS shall be a referent to guide the spirit of general and committee meetings and to encourage respectful speaking and listening, as a complement to ROBERT’S RULES OF ORDER for the conduct of procedure.
  3. The President, or in his or her absence, the Vice-President or, in their absence, a member chosen by the meeting, shall preside over the meeting.
  4. When questions arise as to the proper parliamentary procedures and rules of debate, the chairperson shall apply ROBERTS RULES OF ORDER.
  5. In general, procedures and a flow of business shall be followed which encourage thoughtful consideration and adequate discussion of issues, and which reduce the likelihood of very close votes. Consideration shall be given to the need of all to be heard, and to the need for discussion to build toward consensus, as well as to the need to make decisions.
  6. On those votes which serve to advise other levels of governance, a count of yeas and nays shall be recorded, along with summary arguments.
  7. There shall be a minimum of ten (10) meetings per year, at such a time as shall be determined by the membership.
  8. The Annual General Meeting shall be held within four (4) months of the end of the fiscal year.
  9. Special meetings shall be called at the discretion of the president or, in his or her absence, the vice president or on written requisition to the Executive by at least ten (10) members in good standing.
  10. Each member shall have, at most, one vote on any resolution. No proxies are admissible at any time.
  11. At all general meetings twenty-five (25) members, or twenty per cent (20%), whichever is less, shall constitute a quorum.
  12. The chairperson shall have the tie-breaking vote in the event of a tie but shall exercise this discretion with due consideration for section 3e, above.
  13. Voting for the executive and management committees shall be by secret ballot; so shall the voting on any resolution where, in the opinion of the chairperson, such procedure is warranted; so also where, by show of hands, the majority of those present and eligible to vote so require a secret ballot.
  14. Notice of all regular meetings shall be broadly advertised at least seven days before the date of the meeting. Special meetings may be called with the unanimous approval of the executive with advertising not less than fourteen days before the meeting. Emergency meetings may be called with the unanimous approval of the executive. In such cases, as many islanders as possible will be notified by telephone and email so as to assure a quorum for decision making.
    For the purposes of this clause, an emergency is defined as a serious situation needing prompt action.

4. Executive Committee and Management Committees

  1. The executive and management committees shall be drawn from the voting membership of the association.
  2. No person shall hold more than one office on the executive at a given time and no executive member shall concurrently hold term on a management committee.
  3. The executive shall be the President, Vice-President, Secretary and Treasurer. The term of office for executive members shall be two (2) years, to be staggered so that half (50%) of the executive members are due for election each year. The President and Vice-President will be elected in alternate years and the secretary and treasurer will be elected in alternate years. The first two-year term of Vice President will commence in 2006. The first two-year term of president will commence in 2007. The first two-year term of secretary will commence in 2006. The first two-year term of treasurer will commence in 2007.
  4. There shall be a management committee for each of the service functions for which HIRRA has a contract with the Regional District of Comox Strathcona and for other functions as may be decided from time to time. The term of office for management committees shall be one year. Each of the management committees shall consist of between three (3) and seven (7) members. Any change in the number of committee members shall be recommended by the committee and decided by vote at the general meeting before the Annual General Meeting.
  5. The election of executive officers and management committees shall be the last order of business at the Annual General Meeting. The retiring officers and committee members shall complete the records of the association and hand them over to their successors.
  6. In the event of a vacancy occurring in the presidency, the vice-president shall assume the office of president, and other vacancies in the executive shall be filled by executive appointment pending an election.
  7. Committee members absent from three (3) consecutive meetings may be replaced by executive appointment on recommendation of their committee.

5. Duties of Executive Officers and Committee Chairpersons

  1. President: to preside at all general and executive meetings, to attend if he or she wishes, all committee meetings as an ex-officio member, and to sign all necessary correspondence, announcements and cheques.
  2. Vice-President: to assist the president and to perform the duties of president during his/her absence.
  3. Secretary: to assure that minutes of all meetings are recorded, to assure that all papers, documents and correspondence are read as required by the association. To assure the notification of all sub-committees of their appointment and of the business referred to them, the posting of notices of all meetings, to assure the proper handling and filing of all correspondence, all records not specifically assigned to the keeping of others, including minutes books, registry of members, copy of the Constitution and Bylaws of the association, files, correspondence, and reports.
  4. Treasurer: To sign with the President or other signing authority, when required, all orders for expenses, to assure all funds are received and held safe, to assure money from the association’s funds is paid out for all authorized expenses. To assure that a record is kept of all money received and expended, to assure that a record is kept of all receipts and vouchers, to make regular reports to the association of its financial condition, to arrange a year end audit by an auditor appointed by the membership at the annual general meeting.
  5. Committee Members: Duties are in accordance with the function performed and are detailed in separate documents as appropriate. In general, each committee oversees the operational aspects of its function.

6. Borrowing Powers

Borrowing on behalf of the association shall be exercised by the executive only after the approval by a
two-thirds (2/3) majority of the members voting at a general meeting.

7. Altering of the Constitution and Bylaws

Requirements are:

  1. seventy-five (75) percent majority of members in good standing at a meeting or portion of a meeting advertised for the specific purpose of altering the constitution and/or by-law.
  2. Notice of the meeting must be posted at a minimum of two designated public places on Hornby Island.
  3. Notice of the meeting must be given a minimum of forty-two (42) days prior to the meeting.
  4. Notice of the meeting must contain an actual wording of the altering resolution being submitted to the meeting.

8. Interpretation of Constitution and Bylaws

Where there is considered by the chairperson to be an ambiguity or omission in the constitution or by-laws, a unanimous ruling by the executive shall determine the issue. Such determination shall be considered precedent until such time as the constitution and/or by-laws are altered, as laid out in paragraph seven, to deal with the issue.

9. Inspection of Books and Records

The books and records of the association shall be open to inspection by members at any reasonable time at
the place where such books and records are normally kept.

10. Discontinuance of Membership

A member ceases to be a member if he or she:

  1. Ceases to be a resident or ratepayer, or
  2. Has been expelled from the association by proper process of Roberts Rules of Order, in a meeting duly advertised for that purpose, and in accordance with the British Columbia Society Act.

11. Establishment of Policies, Grievance Procedure, and Conflict Resolution

  1. Those directives, of a sufficiently general nature to be deemed not discretionary, shall be established by the Executive as Policy, subject to approval by motion carried at a general meeting; or shall be established by motion carried from the floor, and subject to Executive approval (three of four, one of which must be the President). Policies approved by both the Executive and the general body shall then be signed by the President (or in his or her absence, the Vice-President) and one other Executive member, witnessed by the Administrator, and stamped with HIRRA’s seal. The date of the general meeting in which the policy was approved shall be marked on the document that is signed, dated, and witnessed. Notice of enactment of policies shall be made available to the public within thirty (30) days of signing into effect, with original documents and paper copies kept on file. In addition, the Executive shall from time to time make known to the general body, and to the committees, policies and other guidelines for the conduct of meetings and of business and other information as needed.
  2. The Executive shall establish grievance procedures for HIRRA employees and contractors, shall establish procedures for the resolution of conflicts with and within HIRRA, and shall encourage general peace and good relations within the community.

In the event of a conflict between the wording of the Constitution and By-laws on this page and the wording of the paper copy kept in the central HIRRA file, the wording of the paper copy shall prevail.