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HSAS Constitution & Bylaws

ARTICLE 20 -­ CONSTITUTION AND BYLAW AMENDMENTS

 

20.01   Majority Required

Subject to compliance with sections 20.02, 20.03, and 20.04, any provision of the Constitution or the Bylaws may be enacted, amended, repealed, or replaced by a vote of at least two-thirds (2/3) of the votes cast by the Delegates present and voting at an Association Meeting.

20.02   Presenting Resolutions Affecting the Constitution and Bylaws

A resolution affecting the Constitution or the Bylaws may be presented to an Association Meeting only if:

(a)   it has been put forward by:

(i)   the Executive Council; or

(ii)   a group of at least ten (10) Active Members who have given written notice of their resolution to the Secretary at least sixty-five (65) days before the Association Meeting  at which those Members intend for their resolution to be considered;

and

(b)   there has been full compliance with the rules set out in section 20.03.

20.03   Rules for Resolutions Affecting the Constitution or Bylaws

(a)   If a resolution affecting the Constitution or the Bylaws comes to the Secretary from the Executive Council, the following rules apply:

(i)   Before the Executive Council sends the resolution to the Secretary, the resolution must have received the support of at least two-thirds (2/3) of the members of the Executive Council present and voting at a meeting of the Executive Council, and in this subsection 20.03(a), when a such a resolution has been so approved, it shall be called an “Executive Council approved resolution.”

(ii)   If a resolution has not received the support of at least two-thirds (2/3) of the members of the Executive Council present and voting at a meeting of the Executive Council, the resolution shall die.

(iii) The Executive Council shall forward its Executive Council approved resolution to the Board of Governors for its consideration.

(iv)   If the Board of Governors ratifies the Executive Council approved resolution by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Board of Governors, the Board of Governors shall notify the Executive Council of its approval and the Executive Council will ensure that the resolution goes to the Members with the notice of the Association Meeting.

(v)   If the Board of Governors does not ratify the Executive Council approved resolution by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Board of Governors, the Board of Governors shall notify the Executive Council of its decision and the Executive Council and the Board of Governors shall meet to attempt to reach agreement on the resolution.

(vi)   If the Executive Council and the Board of Governors cannot reach agreement on the Executive Council approved resolution, the Secretary shall forward the full text of the resolution to the Members with the notice of the Association Meeting along with the details of the disagreement between the Executive Council and the Board of Governors.

(b)   If a resolution affecting the Constitution or the Bylaws comes to the Secretary from a group of at least ten (10) Active Members, the following rules apply:

(i)   The Secretary shall forward the resolution to the Executive Council for its consideration.

(ii)   If the Executive Council does not approve the resolution by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Executive Council, the resolution shall die.

(iii)   If the Executive Council approves the intent of the resolution by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Executive Council:

(A)   the Executive Council may make amendments to the resolution if, in the view of the members of the Executive Council, the amendments are in keeping with the spirit of the resolution, and may do so by at least a Simple Majority of the members of the Executive Council present and voting at a meeting of the Executive Council; and

(B)   it shall forward the resolution, as amended, if applicable, to the Board of Governors for its consideration.

(iv)   If the Board of Governors ratifies, by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Board of Governors, the resolution it receives from the Executive Council, the Board of Governors shall notify the Executive Council of its approval and the Executive Council will ensure that the resolution goes to the Members with the notice of the Association Meeting.

(v)   If the Board of Governors does not ratify, by at least a two-thirds (2/3) majority of those present and voting at a meeting of the Board of Governors, the resolution it receives from the Executive Council, the Board of Governors shall notify the Executive Council of its decision and the Executive Council and the Board of Governors shall meet to attempt to reach agreement on the resolution.

(vi)   If the Executive Council and the Board of Governors cannot reach agreement on the resolution, the Secretary shall forward the full text of the resolution, as amended by the Executive Council, if applicable, to the Members with the notice of the Association Meeting along with the details of the disagreement between the Executive Council and the Board of Governors.

20.04   Amendments from the Floor

(a)   Delegates voting at an Association Meeting on a resolution affecting the Constitution or Bylaws may amend, on the floor of the Association Meeting, the resolution of which they received written notice, but no amendment may propose a change greater in scope than that for which notice was given.

(b)   If Delegates at an Annual Meeting wish to amend a resolution affecting the Constitution or Bylaws in a manner that effects a change greater in scope than that for which notice was given, they may bring their proposed amendment before the next Association Meeting by complying with the provisions of section 20.02 and following the rules set out in subsection 20.03(b).


 

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