2005 AGM: Proposals for Constitutional Changes
Introduction
Each AGM gives InternetNZ members the opportunity to suggest changes to the society's Constitution. Any suggested changes should be in the hands of the Secretary by email no later than 12:00 (midday) on Friday 15 July 2005.
Proposals Received
The following proposals for changes to the Constitution have been received to date. These are listed in order received, and this list will be updated as amendments are received by the Secretary.
1. Council procedure - non-Officer representation on Executive Committee (clause 6.9)
Proposed by: Governance & Constitutional Committee (22 June 2005)
Proposed new wording: amendments to clause 6.9 as follows
6.9 Council shall establish an Executive Committee of Council to manage the Society between meetings of the Council and have delegated powers as Council shall see fit. The composition of the Executive Committee shall be the Officers of the Society and one other Councillor [[DELETE: "nominated by the chair."] ] [[ADD:"; the method of selection of the Councillor will be as specified in the Council Bylaws."] ] The Executive Committee shall be chaired by the President. The Executive Director shall attend all meetings of the Executive Committee but shall not be a member.
Explanation:
This proposal has come at the request of Council to have the right to elect the non-officer member of the Executive Committee rather than, as present, being a nomination by the President. It will be recalled that the present position was implemented following a Member vote at the 2003 AGM on the addition of the Executive Committee structure being included in the Constitution. The Members approved a five person Committee consisting of the Officers and one non-officer, to be nominated to Council for approval by the President as Chair of the Committee, in line with how other Committees are structured.
At the first meeting of Council following the 2004 AGM the Council requested that the fifth person should be elected from Council by Council. The amendment to the Constitution notes there will also be a clause added to the Council Bylaws laying out the procedures by which this election will be conducted.
2. Annual General Meeting procedure - requiring notice of general business (clause 10.2.3)
Proposed by: Governance & Constitutional Committee (22 June 2005)
Proposed new wording: to add words to clause 10.2.3 part h) as below
10.2.3 The business to be conducted at the Annual General Meeting will be:
...
h) To consider such other business as any Member properly brings before the meeting. [[ADD:"Matters of substance requiring a Member vote to be brought before the meeting must be notified to the Secretary not less than 30 days prior to the meeting and must include properly formed resolutions to be put to the meeting. A properly formed resolution is one that names the mover of the motion and names the seconder, both of whom must be financial Members of the Society, and contains the precise wording making up the substance of the motion. No amendments to such motions can be raised from the floor of the AGM. Matters cannot be raised from the floor of the meeting that require resolutions being put to Member vote."] ]
Explanation:
It has been the practice in InternetNZ over the years to accept motions from the floor of the AGM requiring a vote of attendees. The practice raises issues of disenfranchisement of Members of the Society unable to physically attend the meeting. This is of course important if such motions have an impact on the running of the Society or on Member rights.
One of the most important Member rights in the Society is to have a full equal say in matters concerning the Society. This right is exercised by Member vote, principally at the AGM. Having motions raised from the floor and voted on by only those Members physically present opens up the majority of the Membership to having matters implemented that could easily impact on those rights.
It is being proposed that this practice be modified such that all motions requiring a vote will be notified to the Secretary of the Society in adequate time to permit the circulation of the motions to all Members prior to the AGM. This will allow all Members to determine if they wish to have a vote on the motion and if so, to ensure that they either attend the meeting or that their proxy is handed to an attendee.
If the Members approve the change no matters being put to the AGM requiring a vote will be permitted from the floor. It will not prevent any other matters being raised or discussed by those present, only the putting of motions will not be allowed.
