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IrishDefenceForcesVeteransAssociation ÓglaighnahÉireannÁrsaíChumainn

Consti tuti on

www. i df v a . or g

Re s p e c t


Consttitution of the Irissh Deffence Forces  Veteerans Assocciation n 

 

   


TABLE OF CONTENTS                                                                                                           PAGE    1.Interpretation.                                                                              2       2.Powers of Interpretation.                                                           2    3.Constitution                                                                                   2  4.Objectives                                                                                      3    5.Membership                                                                                  4  6.Disipline                                                                                          5  7.Right to Appeal  

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8.Organisation‐General                                                                   6  9.Organisation‐National Executive                                                6  10.Powers of Appointment‐NEC                                                    7  11.Other Functions‐NEC                                                                  7  12.Administrative Council                                                               8  13.The Duties & Functions of Appointments                               8,9,10        To the National Executive  14.Committee System‐Provinces                                                   10,11,12,13  15.Committee System‐Branches                                                    14,15,16,17  16.Electoral Rules‐General                                                             17,18,19 


17.Co‐opting‐NEC,Regional & Branch Committees                    19,20  18.Annual General Meetings                                                         20,21,22  19.Special General Meetings                                                         22,23,24  20.Special General Meetings‐Branches                                       25  21.General Meetings‐Voting                                                         25  22.Trustees                                                                                       25,26  23.Financial Policy‐General                                                           26,27  24.Audits                                                                                           27  25.Approval & Entry into Force of Constitution                        28  26.Amendment                                                                               28  27.Removal of Officers & Committee members                       28,29  28.The Constitution                                                                        29 

29.Dissolution of the Association                                                 29                                   


November2012

IRISH DEFENCE FORCES VETERANS ASSOCIATION,CONSTITUTION,OBJECTS AND RULES.

RULE 1.INTERPRETATION. In this constitution and rules, the following applies unless the context otherwise requires. a. The “Association” means the Irish Defence Forces Veterans Association. b. A “member” means a member of the Irish Defence Forces Veterans Association. c. Words importing the singular number indicate also the plural number include also the singular. d. Words importing the masculine gender also include the feminine gender. e. The association registered address shall be IDFVA, c/o T.S.S.A,IMPACT Trade union, Nerney’s Court, Dublin 1.

RULE 2.POWERS OF INTERPRETATION. A resolution of the National Executive Committee(hereafter called NEC) or Annual General Meetings,(AGM’s) shall be the authority of the interpretation of this constitution and rules is vested in the NEC of the association, when the Annual General meeting is NOT in session.

RULE 3.CONSTITUTION. The Association shall be constituted as follows: a. Annual and Special General meetings of the Association. b. Branch Meetings and Special Meetings. c. The National Executive, Regional Committee’s and Branch Committee’s. d. Members of the Association. e. The Association is an Association for retired and ex-members of the Permanent and Reserve Defence Forces. f. The Association shall be a non-political organisation.

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RULE 4.OBJECTIVES. Our objectives. 1. To make representation to improve the economic status of members. 2. To affiliate with kindred retired and national organisations for the purpose of lobbying government and it’s agencies in order to advance the causes of the retired community in general. 3. To voice the views of the members in all matters affecting pensions and superannuation schemes. 4. To disseminate information concerning the operation of the IDFVA amongst its members at all times thereby providing an equitable and transparent means of consultation and representation. 5. To disseminate the view’s of members, to lobby on their behalf and to promote their aims. 6. To liaise with other military staff associations. 7. To persue changes in legislation for the benefit of its members in or towards achieving any or all of these objectives. 8. To liaise with other associations and other representative bodies both serving and retired in a spirit of fraternal co-operation. 9. To liaise with any other association and societies as the IDFVA central committee deem desirable in order to advance the interests of the membership. 10. To represent members on the boards , bodies or groups in which its members may have an interest. 11. To promote welfare of the members and to represent them on the committee’s established for that purpose. 12. To promote and develop good relations between the IDFVA and the media. 13. To negotiate group schemes to meet the requirements of the members. 14. To develop a spirit of friendship and camaraderie at branch, regional and national level. 15. To promote the members work prospects by way of vocational training and a job liaison service. 16. To enhance the organisational strength and national image of the association by means of a magazine, handouts ,recruitment drives, establishment of branches and a veterans society dimension. 17. To establish a benevolent fund for the advancement of IDFVA members and their families.

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RULE 5.MEMBERSHIP. a. Membership of the association shall be open to all retired and ex-members of the Defence Forces who hold an Honourable Discharge and are of Good Character or at the discretion of the National Executive provided that on becoming a member they agree to be bound by the Constitution, Rules, Regulations and Standing Orders of the Association currently in force, and any rules and regulations which may be adopted from time to time by the association. b. IDFVA will commit itself to embrace individuals from all backgrounds. The Association will not discriminate in accordance with the Discrimination Act. c. IDFVA will counterbalance any prejudice against a wide range of differences, such as Religious views.

Marital status.

Political views.

Spent or irrelevant convictions.

Age.

Mental illness.

Gender.

Physical and Mental abilities.

IDFVA are fully committed to make this policy fully effective.

d. HONARARY MEMBERSHIP. All ex-Presidents of Ireland are Honorary members. Honarary membership may be awarded at the discretion of the NEC or branch committee to persons whom they consider suitable. e. ASSOCIATE MEMBERSHIP. Associate membership is open to all immediate family members of Association members. They will be entitled to attend and participate at meetings ,except the Annual General Meeting of a branch and shall not be entitled to vote,or attend committee meetings of a branch.

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RULE 6.DICIPLINE. a. For the purpose of regulating discipline within the organisation, the National Executive shall have authority to sanction and issue organisation disciplinary procedures. b. The National Executive shall appoint a Standing Committee for a three year term of office to carry out the disciplinary procedures in accordance with the procedures as issued by the National Executive under Rules 6 and 7 of this Constitution. c. The Standing Committee shall consist of: (i) Three persons who shall constitute the Rules Committee. (ii) An external legal advisor(the Chairperson) who in conjunction with the two other persons shall constitute the Rules Appeals Committee. d. Jurisdiction to initiate disciplinary action(including suspension) against any member or officer of the organisation shall vest in the Rules Committee who shall exercise such jurisdiction in the first instance to take disciplinary action against any member or officer of the organisation for any of the following disciplinary offences: (f) Misappropriation of funds or property of the organisation.

RULE 7.RIGHT TO APPEAL. (a) Any member may appeal against any decision to the Rules Appeals Committee by giving notice in writing to the National Executive within 28 working days of being informed of the decision. The appeal shall be by way of a full hearing and conducted in accordance with organisational procedures. (b) A third independent party will adjudicate and any findings mad by the third party will be approved and endorsed by the General Secretary.

RULE 7.1.RE-INSTATEMENT TO MEMBERSHIP. (a) The re-instatement of any member who has been expelled under rule 6 or 7 of the Constitution will be on the recommendation of the National Executive which must be ratified by an Annual General Meeting prior to the member being re-instated into membership. ((b) Through the chair to the NEC.

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RULE 8.ORGANISATION GENERAL. (a) The Association shall be divided into four geographical Provinces as follows: LEINSTER: Dublin,Carlow,Kildare,Kilkenny,Laois,Longford,Louth,Meath,Westmeath,Offaly,Wexford,Wicklow. CONNAUGHT: Galway ,Leitrim, Mayo, Roscommon, Sligo. MUNSTER: Clare, Cork, Kerry ,Limerick, Tippery, Waterford. ULSTER: Monaghan, Cavan, Donegal, Antrim, Armagh, Down, Fermanagh, Derry. Tyrone (b )Each province may be sub-divided within its own geographical region to allow local County branches to be formed.

RULE 9.ASSOCIATION NATIONAL EXECUTIVE. (a) The National Executive shall be known as “Irish Defence Forces Veterans Association National Executive”. (b) The National executive shall consist of eight members. (c) A candidate may only be nominated for election to the National Executive by Provinces and County Branch Committee’s. (d) The National Executive shall elect from among its members the following: i. Chairman, Secretary, Treasurer, Information Officer and four working members. ii. A member shall be entitled to be re-elected but can serve only two consecutive terms at any one time. iii. A candidate must be proposed by a minimum of two County Branches. iv. Voting shall be by secret ballot of members attending and entitled to vote. A simple majority shall suffice for election to the National Executive. (e) The duties of the National Executive shall be to implement resolutions of the General Meetings of the Association subject to financial considerations. (f) To manage ,supervise and direct the affairs of the organisation. To carry out and enforce the observance of the association’s Rules. (g) To direct it’s officials to be responsible for the proper administration of the funds under it’s custody and control. (h) The National Executive shall have powers, and shall be obliged, to instigate legal proceedings against any employee or member of the Association(including any of it’s committee’s)who misappropriate funds or properties. (i) The National executive shall meet as often as is deemed necessary but not more than on ten occasions per annum. (j) The National Executive shall nominate members of the association to perform the function of spokesperson.

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(k) The National Executive members other than members of the first executive must have sat o county board and province board for one full term prior to being appointed to National Executive Committee.

Rule 10.POWERS OF APPOINTMENT-NATIONAL EXECUTIVE.

(a) The National Executive shall appoint sub-committees, Standing Committees or Special Committees for particular purposes and may adopt the reports of such committees. (b) The National Executive shall be at liberty to appoint to such committees ,members, other than members of the National Executive .It shall have the power to remove any member from, or to dissolve any such committee at any time. (c) The National Executive shall have the authority to engage consultants and advisers to assist in any way it deems necessary, so long as this assistance is consistent with the furtherance of the objects of the association and is not in contravention of any Rule of the Association.

RULE 11.OTHER FUNCTIONS-NATIONAL EXECUTIVE.

(a) The National executive shall be required to summon a special meeting of the National Executive on receiving a signed request from not less than 51% of the National Executive and shall state in writing the object of such a meeting. (b) The National Executive shall at any time, or on written request from one or more Provinces, consult the members of the Association by referendum or otherwise, before deciding on a course of action on a matter of particular importance to the Association as an entity. (c) In addition to the duties imposed on it by these Rules, The National Executive shall perform all other such duties as may be necessary for the management of the Association. (d) No decision made by the National Executive shall be a valid decision unless voted on by a quorum of members of the National Executive. (e) A quorum shall consist of 50% plus one member.

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RULE 12.THE DUTIES AND FUNCTIONS OF APPOINTMENTS TO THE NATIONAL EXECUTIVE.

The Chair. (a) The Chair shall be elected by secret ballot to the appointment by the majority of the National Executive present and entitled to vote. (b) The Chair of the organisation must be a member of the organisation. (c) A candidate shall not be appointed without his or her consent. (d) Nominee’s must be proposed and seconded prior to voting. (e) His or her term of office shall be four years. (f) The Chair shall preside at National Executive meetings. (g) The Chair shall preside at General Meetings and retains the casting vote in the event of a tie. (h) The Chair shall hold no other appointment on the national Executive of the organisation. (i) The Chair shall hold office for no more than two consecutive terms. (j) The Chair shall not hold any other appointment.

RULE 12.1 NATIONAL SECRETARY.

The Secretary shall be elected by secret ballot to the appointment by the majority of the National Executive present and entitled to vote. (a) Keep a permanent record of all National Committee Meetings. (b) He shall be custodian of all records pertaining to the appointment of Secretary of the Committee. (c) He shall in conjunction with the Chairperson prepare motions for inclusion. (e) He shall keep his minute book in good order and present it as a record at National Executive meetings as required.

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RULE 12.2.NATIONAL TREASURER.

(A) The National Treasurer shall be elected by secret ballot to the appointment by the majority of the members of the National Executive present and entitled to vote. (b) All members of the National Executive are eligible to be elected to the appointment of National Treasurer. (c) A nominee for the appointment of National Treasurer shall be proposed and seconded by members of the National Executive prior to a vote being taken in accordance with Standing Orders. (d) No member of the National Executive shall be appointed to the position of National Treasurer without that members permission. (e) The National Treasurer shall hold no appointment other than that of National Treasurer. (f) Persons elected to the appointment of National Treasurer shall resign from other committees of the Association other than the National Executive. (g) The National Treasurer shall have full rights as a member of the National Executive including voting rights. (i) He shall maintain proper financial records. (j) He shall produce a financial statement of the Associations finances and submit same to the Annual General Meetings. (k) He shall produce cheques for signature to those authorised to sign cheques in accordance with the provisions to Rule 24 of these Rules. (l) He shall present for audit all his record when required to do so in accordance with Rule 26. (m) The keeping of separate accounts of all monies received or paid on account to each fund or benefit assured for which a separate table of contributions payable shall have been adopted, and the keeping of separate accounts of the expenses of management and of all contributions, shall be the responsibility of the National Treasurer.

RULE 12.3.WORKING MEMBERS.

(a) Working members shall be required to perform any such tasks as may be determined by the National Executive. (b) Working members shall hold office for four years following the date of their election. (c) Working Members of the National Executive shall resign from other committees of the organisation other than the National Executive. (d) Working members shall have full rights on the National Executive including voting rights. Page | 8


RULE 12.4 NATIONAL EXECUTIVE-RELINQUISHMENT OF OFFICE. Any member of the National Executive shall relinquish his office for the following reasons: (a) An elected representative may resign from the National Executive at any time,at his absolute discression. (b )He is not duly re-elected. (c) He is elected/appointed to the houses of the Oireachtas. (d) He ceases to be a member of the association. (e) Non-attendance of six months duration due to ill health. Non-attendance attendance at any three from five consecutive meetings other than for reasons under the provisions of Rule (f) hereof the Rule 6.

RULE 13.COMMITTEE SYSTEM-PROVINCES.

(a) The Association shall be supported at National and Branch level by Provincial Committees. These committees shall be known as the Irish Defence Forces Veterans Association Provincial Committees..Herein after called the Provincial Committees. (b) The Provincial Committee shall consist of one delegate from each branch,. They will then elect the following: Chairperson Secretary Treasurer Information Officer Working Members (c) To establish a full information system within the Province and to keep all members informed on the activities and progress of the Association. (d) The primary function of the Province Committee shall be to seek the resolution of problems raised by members or that otherwise exist in that Province. (e) The Provincial Committee shall bring to the attention of the National Executive all matters relating to and concerning the association within the Province and refer all unresolved matters to the National Executive for resolution. (f) Each Province shall keep an up to date nominal roll of all it’s members.

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(g) The Provincial Committee shall not employ civilian agents or agencies until written permission is give by the National Council. (h) The Provincial Committee shall not employ members with pay from within the Association or it’s committees without the written permission of the National Executive. (i) Provincial Committees may appoint sub- committees or special committees for specific purposes within the Province. (j) A Provincial Committee seeking a special meeting of the National Executive shall make a written application to the National Executive outlining the reasons for such a meeting. This application must be supported by the twothirds majority of the Province Committee present and entitled to vote at a properly convened meeting. (i) Such special meetings shall take place within twenty days of receipt of application from a Provincial Committee to the National Executive.

(ii) Where such special meetings do not take place within the period laid down, a written reply outlining the reasons for the delay should reach the Province Secretary within fourteen days of the application. (iii) Such special meetings shall take place within twenty days of receipt of the original application from a Provincial Committee. (iv) A Provincial Committee requiring such a meeting shall post the application within seven days of the proposal having been carried at a properly convened meeting of a Province Committee and the minutes of such meeting to reflect same. (k) In addition to the duties imposed on it by these Rules,the Provincial Committee shall perform all other duties as may be necessary from time to time provided that such duties do not contravene these Rules. (l) The conduct of all Provincial Committee meetings shall be in accordance with Standing Orders as authorised by the National Executive.

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RULE 14.1.PROVINCIAL COMMITTEE-RELINQUISHMENT OF OFFICE.

Any member of the Provincial Committee shall relinquish his or her office for the following reasons: (a) An elected Representative may resign from the Provincial Committee at any time at his or her absolute discression. (b) He or she are not re-elected. (c) He or she ceases to be a member of the Association. (d) Non attendance of six months duration due to ill health. Non attendance at three of five consecutive meetings other than for reasons under the provisions of Rule (f) hereof and Rule 6.1

RULE 14.2.DUTIES AND FUNCTIONS OF APPOINTMENTS TO PROVINCIAL COMMITTEES. CHAIRPERSON. (a) The member elected Chairperson shall preside over and control all meetings of the Provincial Committee in accordance with the Rules and Standing Orders for Province Committees. (b) He shall in conjunction with the Secretary prepare the agenda for Provincial Committee meetings. (c) He shall in conjunction with the Secretary prepare motions for debate at Provincial Committee meetings. (d) He shall ensure that the Association policy is implemented within the Province.

RULE14.3.PROVINCIAL SECRETARY. The member appointed to the position of Provincial secretary shall: (a) Keep a permanent record of all Provincial Committee meetings. (b) He shall be custodian of all records pertaining to the appointment of Secretary of the Committee. (c) He shall in conjunction with the Chairperson prepare the agenda for Provincial Committee meetings. Page | 11


(d) He shall in conjunction with the Chairperson prepare motions for inclusion. (e) He shall keep his minute book in good order and present it as a record of Province Committee meetings to the National Executive or the Associations Ombudsman, as required.

RULE 14.4.PROVINCIAL TREASURER.

(a)T he Treasurer shall maintain proper financial records. (b) He shall record/control all payments made to and by the Provincial Committee. (c) He shall prepare a financial statement and submit same to the Province Committee annually, a copy of the statement being forwarded to the National Executive and Branches within the Province. (d) He shall sign all cheques jointly with one other member of the Provincial Committee. (e) Two other members of the committee shall be authorised to sign cheques in addition to the Treasurer. (f) He shall maintain a book keeping system in accordance with directives of the National Executive and shall also provide full and satisfactory explanation and information in respect of any issue concerning the accounts when required to do so by the National Executive. (g) He shall present all his records for audit when required to do so by the National Executive,

RULE 14.5.WORKING MEMBERS.

Working members shall be required to perform such tasks that are allotted to them from time to time.

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RULE 15.COMITTEE SYSTEM-BRANCHES.

(a) The Association shall be supported at Province level by Branch Committees. These Committees shall be known as the Irish Defence Forces Veterans Association Personnel Branch Committees(hereinafter called Branch Committees) (b) Branch Committees are Committees of first contact with the membership of the Association. (c) Branch Committees shall be elected by the general membership of the Branch at Branch AGM’S for a four year period following the date of election. (d) Each Branch Committee shall be represented at AGM and Special Meetings. (e) The Branch shall elect from it’s membership the following: Chairperson Secretary Treasurer Working Members. (f) The conduct of all Branch Committee meetings shall be in accordance with Standing Orders as authorised by the National Executive.

RULE 15.1.THE PRIMARY FUNCTIONS OF BRANCH COMMITTEES.

(a) The primary function of the Branch Committee shall be to seek the resolution to problems raised by members or that otherwise exist in the Branch. (b) The Branch Committee shall sit in Committee and ensure that any matter raised by a member is perused vigorously until it is resolved if possible to the satisfaction of that member. (c) To keep members informed on the activities and progress of the Association. (d) The Branch Committee shall bring to the attention of the Province Committee and/or the National Executive all matters relating to and concerning the Association. (e) The Branch Committee shall heighten the awareness of members in relation to issues concerning their welfare. (f) The Branch Committee shall without delay refer any unresolved issues to the NEC once an impasse has been reached at Branch Level. Page | 13


(g) The Branch Committee shall record all issues raised by members after resolution. (h) The Branch Committee shall bring to the attention of the NEC any deliberate manipulation by individuals or groups of individuals ,or committees, and/or highlight any inherent failings of the Committee System at it’s own level or higher having first tried to gain redress through the Committee System. (i) The Branch Committee shall bring to the attention of the NEC any deliberate manipulation by individuals or groups of individuals, or committees, and/or highlight any inherent failings of the Committee System at it’s own level or higher having first tried to gain redress through the Committee System. (k) The Branch Committee shall consult with the membership in it’s constituency through general meetings or with individual members as required. (l) The Branch Committee shall advertise arrangements for such meetings and any other relevant information. (m) The Branch Committee shall advise members on the procedure in pursuing issues and shall keep members informed of the progress or lack of progress on issues pending final resolution or non-resolution. (n) When a potential member applies to join the association, it shall be the responsibility of the Branch Committee concerned to ensure that member is provided with all relevant information pertaining to the Association, the Constitution and Rules. (o) The Branch Committees may appoint sub committees or special committees for a specific purpose within a branch.

RULE 15.2.BRANCH COMMITTEE-RELINQUISMENT OF OFFICE

Any member of the Branch Committee shall relinquish his office for the following reasons: (a) The resignation from office, in writing, at any time with absolute discression. (b) He is not duly re-elected. (c) He ceases to be a member of the Association. (d) Non-attendance of six months duration due to ill health. (e) Non- attendance at any three of five consecutive meetings other than for reasons under the provisions of Rule (f) hereof the Rule 6.

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RULE 15.3.THE DUTIES AND FUNCTIONS OF APPOINTMENTSTO BRANCH COMMITTEES. CHAIRPERSON. (a) The member elected Chairperson shall preside over and control all meetings of the Branch Committee according to the Rules and Standing Orders of the Association as prepared by the NEC from time to time. (b) He shall supervise and co-ordinate all activities of the Association within the Branch. (c) He shall in conjunction with the Secretary prepare the agenda for Branch Committee meetings and General meetings. (d) He shall in conjunction with the Secretary prepare motions,including composite motions to be submitted to General Meetings of the Branch and General Meetings in the Branch.

RULE 15.4.BRANCH SECRETARY

The member elected to the appointment of Branch Secretary shall: (a) Keep a permanent record of all Branch Committee Meetings. (b) He shall be custodian of all records pertaining to the appointment of Secretary of the Branch Committee. (c) He shall in conjunction with the Chairperson prepare the agenda for Branch Meetings. (d) He shall in conjunction with the Chairperson prepare motions including composite motions for inclusion on the agenda of General Meetings of the Association and General Meetings of the Branch. (e) He shall in conjunction with the Chairperson organise General Meetings of the Branch. (f) He shall keep his minute book in good order and present it as a record of Branch Committee meetings or to the NEC.

Rule15.5.BRANCH TREASURER.

The Branch Treasurer shall maintain financial records in accordance with the Rules of good book-keeping as directed by the National Executive and shall also provide full and satisfactory explanation and information in respect of any issue concerning the accounts when required to do so by the NEC. Page | 15


Rule15.6.WORKING MEMBERS.

Working members shall be required to perform such tasks that are allotted to them from time to time.

RULE16.ELECTORAL RULES-GENERAL.

(a) A member who wishes to go forward for election to a Committee must be proposed and seconded at a properly convened meeting of such committee or meeting. A member shall not be elected to a Committee without his or her consent. Every member of the Committee shall be entitled to vote in any election provided he/her is present at the relevant meeting. (b) All elections, referenda or other occasions where a ballot of members is required shall be by written secret ballot.

RULE 16.1.ELECTORAL RULES-NATIONAL EXECUTIVE.

(a) The NEC shall be elected at a properly convened General Meeting. Candidates must be proposed by Branch and Province Committees in accordance with electoral rules of the Association. (b) The NEC shall at the end of the relevant AGM ,hold a meeting to elect the following Officers to the Committee. Chairman. Secretary Treasurer

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(c) The NEC shall call an Executive Meeting within one week of a relevant General Meeting, to elect from among it’s members, the other appointments as outlined in Rule 9(d) of these Rules and Standing Orders of the Association, as amended by the NEC from time to time. (d Members of the NEC shall resign from Province and Branch Committees and be replaced in accordance with these Rules and Standing Orders for Province and Branch Committees. A member shall be entitled to be re-elected but can serve only two consecutive terms in any appointment at any one time.

RULE 16.2.ELECTORAL RULES-PROVINCIAL COMMITTEES.

(a) Province Committees of the Association shall consist of one delegate from each Branch Committee within that Province. (b) The delegates to Province Committees are elected in accordance with these Rules and Standing Orders for Branch Committees. (c) Province Committees shall form within one week of the formation of new Branch Committees. At the inaugural meeting of Province Committees,each Province shall elect from among it’s members to the appointment in accordance with the RULES AND Standing Orders for Province Committees.

RULE 16.3.ELECTORAL RULES-BRANCH COMMITTEES.

Inaugural elections to Branch Committees shall be decided in the first place by the interim NEC. (b) Each Branch Committee shall be elected by members of that in accordance with Rule 16. (c) Notice of inaugural Branch elections shall rest with the interim NEC and thereafter every four years. (I) The interim NEC shall inform every member of the Association of the impending election. (d)For the purpose of Association elections, a candidate must be : (i)A member of the Association, who with his approval, nominated by a member of the Association and seconded by another member. (e)The NEC shall appoint an independent Tellers branch in which the election is to take place. (f)Counting by Tellers shall commence at the conclusion of the election and results made known as soon as possible. Page | 17


(g)The branch committee shall consist of four members who receive the highest number of votes in the result of the first ballot. (i) In the event of a tie for a place, a second ballot will be held between the candidates concerned until a candidate is elected. (j) In the event of any dispute the matter shall be referred to the NEC whose decision shall be final and binding. (k )On the occasion of it’s first meeting, and in any event within seven days of the result of an election within a constituency, each Branch shall elect from among it’s members to the appointments in Rules 15(c) and 15 (d) of these Rules. (l) Where a vacancy occurs on a Branch Committee, the Branch Committee shall have the power to co-opt another member to fill the vacancy in accordance with Rule 17 of these Rules. (m) Each Branch Committee elected in accordance with these Rules shall take instructions from the NEC and relevant Province Committee and shall be entirely subject to it’s control and said NEC,may suspend any member of such a Committee should he fail to discharge his duties in a satisfactory manner. (n) Members of Branch Committees shall resign from Branch Committees on being elected to the NEC and shall be replaced according to the Rules and Standing Orders for Branch Committees. (o) The outgoing Committee after an election shall remain in office in an advisory capacity for twenty one days from the date of an election in order to carry out a proper handover of Association affairs to the incoming Committee.

RULE 17.CO-OPTING NATIONAL EXECUTIVE,PROVINCIAL AND BRANCH COMMITTEES.

(a) Where a member leaves a Branch for any reason, that Committee may at their discretion co-opt replacement members to that Committee from the membership. Members of a Province Committee shall be replaced by the Branch concerned. (b) Co-opted members shall be accredited with identical status with that of their predecessors as committee members, but shall not be co-opted directly to an appointment.

RULE 18 - GENERAL MEETINGS OF THE ORGANISATION (a) (b) Page | 18

A General Meeting of the Association shall be held each year on dates determined by the previous General Meeting, or with the approval of the previous General Meeting by the NEC. Each Branch of the Organisation shall be represented at General Meeting of the Organisation.


(c)

The Chairman of the National Executive shall also be the Chairman of the Organisation and shall preside over the deliberation of General Meeting If the Chairman is not present within fifteen minutes after the appointed time for holding the Meeting or are not willing to act, the members present shall choose from the National Executive a member to be Chairperson of the Meeting. Any General Meeting shall transact no business unless a quorum of members is present at the time when the Conference proceeds to business. A quorum shall consist of 60% of all delegates. The Venue and date of the first General Meeting shall be decided upon by the National Executive A General Meeting of the Organisation shall be held each year on dates determined by the previous General Meeting, or with the approval of the previous and thereafter by the previous General Meeting.. (i) The National Executive shall appoint Standing Orders Committee consisting of four members (one at National and three from Within the Organisation).

(d)

(e) (f)

(g)

The functions of this Committee shall be; (a)

To meet twelve weeks prior to General Meeting to prepare the preliminary agenda for such conference.

To draft composite motions, amendments and agenda for submission to Conference taking account of motions (a) (b) (c) (d)

prioritised by Branches and Regions. To arrange an order in which motions may be taken and to make such arrangements as they deem necessary. To decide what urgent motions (if any) shall be brought before Conference. To adhere to the Standing Orders as adopted by the National Executive Committee and as may further adopt the rules and procedures of the Standing Order Committee from time to time thereafter.

The National Executive shall appoint a Conference Arrangements Committee consisting of four members (one from National and three from Within the Organisation). The duties of this committee shall be; (a) (b) (c)

(d) (e)

(f)

(g) Page | 19

To meet within two months of close of GM to commence planning for Conference. To arrange suitable premises for the holding of the General Meeting. To nominate six tellers, for approval, on the opening of General Meeting. Their duty shall be to ascertain and report to the Chairman the number voting for and against a motion on which a poll is taken. All other duties as may be deemed necessary for the efficient conclusion of General Meeting. The National Executive shall be responsible for the preparation and distribution to all Branch and Province Committees of General Meeting and Special General Meeting Agenda and Standing Orders, the Report and Financial Report to Branches and Regions and to the members in accordance Organisation Rules not later than 21 days prior to Conference. Branch Committees wishing to have motions included in the General Meeting Agenda shall forward such motions to the National Executive not later than twelve weeks prior to the commencement of the General Meeting. The Agenda for the General Meeting shall be in two parts, the first part containing:


I. II. III. IV.

h)

Report of the Organisation The Chairman's Address. Financial Reports in accordance with Associate Rules. Motions received from Branch and Regional Committees dealing with the internal affairs of the Organisation, so long as these motions have been received by the National Executive in accordance with the Rules.

The Agenda for an General Meeting shall be in two parts, the second part I. II.

containing:

Other motions submitted by the National Executive. Motions on "Urgent Matters". An urgent matter shall be deemed to be a matter of vital importance affecting the Organisation arising in the interval between the date mentioned in Rule 18(k) hereof - and the conclusion of the Delegate Conference. The Standing Orders Committee shall have the right to decide whether a matter is urgent or otherwise.

(i) On each day of a Delegate Conference there shall be a recess from 13.00 hours to 14.00 hours and business shall terminate at 18.00 hours, provided there is no motion under discussion at that time. (j)

A General Meeting shall open on the day decided and shall continue, if necessary on the following day.

(k)

Limitation of Speeches.

The proposer of a motion shall be allowed not more than five minutes speaking time, the seconder three minutes and each subsequent speaker three minutes. No delegate shall speak more than once on the same motion/amendment except the mover of the original motion, who shall be allowed three minutes to reply. The expiry of these periods shall be clearly indicated to the speaker and the delegates independent of the Chairperson. Discussion on anyone motion and the amendments shall be limited to thirty minutes (i) The proposer of a motion shall be allowed not more than five minutes speaking time, the seconder three minutes and each subsequent speaker three minutes. (ii) No delegate shall speak more than once on the same motion/amendment except the mover of the original motion, who shall be allowed three minutes to reply. The expiry of these periods shall be clearly indicated to the speaker and the delegates independent of the Chairperson. Discussion on anyone motion and the amendments shall be limited to thirty minutes. (P) No delegate shall address a General Meeting until called upon to do so by the Chairman. When a person has been called upon by the Chairman to speak, all other delegates shall be seated. (q) Agenda and Standing Orders shall be adopted at the commencement of General Meeting by a resolution of the General Meeting.

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(r) That the National Executive make available to each Branch a report on General Meeting within thirty working days of close of General Meeting.

RULE 19 - SPECIAL GENERAL MEETINGS (a) A Special General Meeting may be called at any time by the National Executive, due notice of same to be given to all provincial and Branch Committees. (b) The National Executive shall be required to call a Special General Meeting on receiving a signed request from not less than one Provincial Committees who shall state in writing the object of such a meeting. (c) No business other than that specified in the signed requests from Provincial Committees shall be brought before a Special General Meeting. (d) A Special General Meeting shall, in regard to the special matters to which it is summoned, be vested with the same power and authority as an Annual General Meeting and shall have the same procedures.

RULE20-DELEGATE CONFERENCES-VOTING (a) Each Branches vote at General Meeting shall be one vote per delegate (b) There shall be no casting vote. ( c) A motion is deemed to have failed when the majority of delegates present and voting have not voted for the motion. (d) When a motion is tied, it is deemed to have failed. (e) National Executive members shall not retain a vote at General Meetings. (f) Every motion shall be decided by the ballot of Branch Delegates on the authority vested by the members, and the decision of the Chairman on the advice of the tellers shall be final. (g) A recount shall be called by the Chairman at the request of the proposer, where the Chairman considers there is justification.

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RULE 21. - GENERAL MEETINGS - BRANCHES (a) An General Meeting of members at Branch Level shall be held not later than 90 days prior to GM on a date decided by the Branch Committee. (b) Members of the Branch may attend the General Meeting. (c) The Chairperson of the Branch shall preside over the deliberations of an General Meeting. (d) In the absence of the Chairperson, a member of the Executive member shall be appointed to preside over deliberations of the Special General Meetings. (e) If the Chairperson is not present within 15 minutes after the appointed time for holding the Meeting or are not willing to act, the members present shall choose one of their number to be Chairperson of the Meeting. (f) No business shall be transacted at any GM unless a quorum of members is present at the time when the meeting proceeds to business. A quorum shall consist of 20% of the members. (g) The place of the first GM shall be decided upon by the Branch Committee and thereafter by the previous Branch GM, or with the consent of the previous Branch GM, by the Branch Committee. (h) The Branch Committee shall appoint a GM arrangements Committee. (i) The duties of the Branch GM Arrangements Committee shall be: (i) To arrange suitable premises for the holding of the Branch GM. (ii) To nominate TWO tellers, for approval, on the opening of a Branch GM. Their duty shall be to ascertain and report to the Chairperson the number voting for and against a motion on which a poll is being taken. (iii) All other duties as may be deemed necessary for the efficient conclusion of an GM. (j) The Branch Committee shall be responsible for the preparation and distribution of all GM Agenda and Standing Orders. (k) Branch Committees or members of the Branch wishing to have motions included on the Agenda shall forward such motions not later than three weeks prior to the commencement of the GM. (I) The Agenda for Branch GM's shall contain: (i) Chairperson's Report (ii) Secretary's Report Page | 22


(iii) Treasurer's Report (iv) Motions from the Branch Committee and the membership of the Branch dealing with the internal affairs of the Association as long as these motions have been received in accordance with Rule 23(a) hereof. (v) Communications from Provincial or National Office or other sources. (vi) Motions on "Urgent Matters" - An urgent matter shall be deemed to be a matter of vital importance affecting the Association arising in the interval between the date mentioned in Rule 23(a) hereof and the conclusion of the GM. The Branch Committee shall have the right to decide whether a matter is urgent or otherwise. (m) The Branch Committee, in the interest of good order, shall have the right to draft composite motions on matters common to motions submitted by two or more members. (n) A Branch GM shall open on the day decided and shall commence at the time decided by the Arrangements Committee and terminate at a time decided by the Arrangements Committee provided there is no Motion under discussion at the time". (0) Limitation of Speeches (i) The proposer of a motion shall be allowed not more than five minutes speaking time, the seconder three minutes and each subsequent speaker three minutes. (ii) No Delegate shall speak more than once on the same motion/amendment except the mover of the original motion, who shall be allowed three minutes to reply. The expiry of these periods shall be clearly indicated to the speaker and the delegates independent of the Chairperson. Discussion on anyone motion and the amendments shall be limited to thirty minutes. (p) No member shall address the GM until called upon to do so by the Chairperson. When a person has been called upon by the Chairperson to speak, all other members shall be seated. (q) Agenda and Standing Orders shall be adopted at the commencement of General Meetings by a resolution of the members.

RULE 22 - SPECIAL GENERAL MEETINGS - BRANCHES (a) A Special General Meeting of members of Branch Level may be called at any time by the Branch Committee, due notice being given to all members in the constituency. (b) No business other than specified by the Branch Committee shall be brought before a Special General Meeting in the Branch. Page | 23


(c) A Special General Meeting, in regard to the Special matters to which it is summoned, be vested with the same power and authority as a Branch AGM and shall have the same procedures.

RULE 23 - GENERAL MEETINGS - VOTING (a) Each member of the Branch Constituency shall have one vote at Branch GM's and Special General Meetings. (b) There shall be no casting vote. (c) A motion is deemed to have failed when the majority of members present and entitled to vote have not voted for the motion. (d) When a motion is tied it is deemed to have failed. (e) Every motion shall be decided by a show of hands and the decision of the Chairperson on the advice of the tellers shall be final.

RULE 24 - TRUSTEES (a) The Chairman, Secretary, and Treasurer shall be the Trustees of the Organisation. (b) Save where any deeds, documents of title and/or securities belonging to the Organisation are lodged with a financial institution as security for any money owing by the Organisation, all deeds, documents of title and securities belonging to the Organisation shall be held by the trustees and they may take such measures for the safe custody and preservation thereof at the expense of the Organisation as they think fit. They shall be responsible for the safe custody of all deeds, documents or securities as are placed in their hands or under their control and shall produce them when required by a resolution of the General Meeting or a Special General Meeting or by the National Executive or by the Auditors. (c) When a Trustee vacates the office by virtue of which he becomes a Trustee he shall automatically cease to be a Trustee and his responsibilities for any Organisation property, monies, investment, stocks or shares or securities shall revert to his successor. (d) The Trustees may on the direction of the National Executive have any securities or monies, investments, stocks or shares registered in the name of any recognised and reputable Bank, Society or Company. (e) So much of the funds of the Organisation as may be required for the immediate use or to meet the usual accruing liabilities may with the consent of the National Executive be invested in such securities as the Trustees direct. Page | 24


(f) A Trustee of the Organisation shall continue to be paid such emoluments and allowances (including payments for vouched expenses reasonably incurred) as he would have been were he not a Trustee. (g) The Trustees shall, on the direction of the National Executive, execute any deed or other instrument on behalf of the Organisation by all of the five Trustees duly signing their names and affixing their seals thereon.

RULE 25 FINANCIAL POLICY - GENERAL (a) The National Executive shall be responsible for the general management, direction and control of the financial affairs of the Organisation, subject only to the financial functions of the Trustees and General Meeting. (b) The assets of the Organisation shall be applied only to the promotion and achievement of the objects of the Organisation. (c) Members' subscriptions shall be recommended by the National Executive and shall be ratified or adjusted by simple majority vote of General Meeting. (d) Subscriptions paid to the Organisation are not refundable. (e) On admission to the Organisation, members shall agree to pay the current annual subscription. Annual Subscriptions will be collected by the Branch Treasurer and forwarded to the National Treasurer. Funds for the running of Branches will be allocated by the National Treasurer. (f) All accounts operated by Committees of the Organisation shall have at least three members who may sign cheques, any two signatures to suffice. Where Electronic Bank Transfers (EBB) are operated at least two signatories is required authorising the transfer. (g) The Financial year of the Organisation shall begin on the 1st January and end on the 31st December of each year. (h) All financial consideration will be on the recommendation of ANSAC. (i) The final decision of financial policy shall be the decision of the NEC and Chair. (j) All accounts,Branch,Provincial and National may be inspected by every person having an interest in the funds of the Association. (k) The Association shall establish a benevolent fund for the benefit of the Association and it’s members.

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RULE 26.AUDITS.

(a) All accounts held under the name of the Organisation by the National Executive shall be audited annually by independent auditors, on a date so determined by the National Executive. (b) The National Executive shall have the power to initiate an audit, examination, or to take any such action it deems necessary, at any time, with regard to the accounts of any Committee. (c) The National Executive shall have the power to require full and satisfactory explanation and information in relation to any matter concerning or touching upon the accounts of any regional or Branch committee from the relevant Provincial or Branch Treasurer and further to direct that any such Treasurer be relieved of his responsibility as Treasurer for such period and on such terms as the National Executive may consider appropriate pending and/or in default of receipt of adequate and satisfactory explanation or information. (d) Any member of the Organisation or other person has the right to examine the accounts of his Branch, Region and the National Executive. (e) Each account holder shall be responsible for the distribution and publication of the results of the audits. (f) The appointment of auditors shall be recommended annually by the National Executive and such appointment shall be ratified or rejected by General Meeting. In the event of rejection, the NEC shall have an alternative firm of Auditors available. (g) Audit to take place before June 1st each year. (h)The National Treasurer shall be responsible for the safe keeping of all financial records, including annual balance sheets and auditors reports for a period of at least ten years; thereafter they will be archived in a safe place.

RULE 26.1 - ACCOUNTING PROCEDURES AND APPEALS (a) Accounting procedures shall be directed by the National Executive and shall be common to all committees. (b) Appeals in the event of dispute arising in the payment of any expense claimed by any member of the Organisation shall be as directed by the National Executive.

RULE 26.2 - SUPPLEMENTARY FUNDING (a) Any Committee may apply for Supplementary Funding to the National Executive. (b) All applications for Supplementary Funding must contain all relevant information including a current Balance Sheet and Bank Statement. Page | 26


(c) Within 14 days of the National Executive receiving such application, it must relay in writing to the applying committee, its decision, giving its reasons in full if such decision is negative.

RULE 27 - APPROVAL AND ENTRY INTO FORCE OF THE CONSTITUTION This Constitution shall duly enter into force once it has been approved by the two thirds majority of the delegates present and voting at the said General Meeting.

RULE 28 - AMENDMENT (a) Any provision of this Constitution may be amended, whether by way of variation, addition or repeal, in the manner provided by this Rule. (b) The amendment to the Constitution shall duly enter into force once it has been approved by the twothirds majority vote of the Delegates present and voting at the said General Meeting. (c) Any proposed amendment which has failed shall not be re-introduced for a period of three years.

RULE 29 - REMOVAL OF OFFICERS AND COMMITTEE MEMBERS.

NATIONAL EXECUTIVE (a) A member of the National Executive shall forthwith resign if a motion calling for his resignation is passed by a two thirds majority of the members present and voting at a properly convened meeting of either the National Executive.

(b) In either case, the motion calling for the resignation must be proposed and seconded by members. At least five days' notice of the motion must be given and the motion shall not be passed unless the member in question is given an adequate opportunity to be present and speak at the said meeting. RULE 29.1 - PROVINCIAL COMMITTEES

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(a) A member of a Provincial Committee shall forthwith resign if a motion calling for his resignation is passed by a two thirds majority of the members present and voting at a properly convened meeting of either the relevant Provincial Committee or Branch Committee which first elected the member in question. (b) In either case, the motion calling for the resignation must be proposed and seconded by members of either the Provincial Committee or the relevant Branch Committee (as the case may be). At least five days' notice of the motion must be given and the motion shall not be passed unless the member in question is given an adequate opportunity to be present and speak at the said meeting. RULE 29.2 - COUNTY COMMITTEES (a) A member of a County Committee shall forthwith resign if a motion calling for his resignation is passed by a two thirds majority of the members present and voting at a properly convened meeting of the said Branch. (b) The motion calling for the resignation must be proposed and seconded by members of the relevant Branch. At least five working days' notice of the motion must be given and the motion shall not be passed unless the member in question is given an adequate opportunity to be present and speak at the said meeting. (c) Rules 6.1, 7 and 7.1 shall apply mutatis mutandis.

RULE 30-THE CONSTITUTION. Amendments to the Constitution can only be put forward to the Standing Orders Committee as an emergency motion.

RULE 31-DISSOLUTION OF THE ASSOCIATION.

The Association may be dissolved with the consent of five-sixths of the members in good financial standing. Any surplus funds shall be divided equally amongst the financial members.

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INDEX TABLE OF CONTENTS PAGE

1.Interpretation.

2

2.Powers of Interpretation.

2

3.Constitution

2

4.Objectives

3

5.Membership

4

6.Disipline

5

7.Right to Appeal

5

8.Organisation-General

6

9.Organisation-National Executive

6

10.Powers of Appointment-NEC

7

11.Other Functions-NEC

7

12.Administrative Council

8

13.The Duties & Functions of Appointments

8,9,10

To the National Executive 14.Committee System-Provinces

10,11,12,13

15.Committee System-Branches

14,15,16,17

16.Electoral Rules-General

17,18,19

17.Co-opting-NEC,Regional & Branch Committees

19,20

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18.Annual General Meetings

20,21,22

19.Special General Meetings

22,23,24

20.Special General Meetings-Branches

25

21.General Meetings-Voting

25

22.Trustees

25,26

23.Financial Policy-General

26,27

24.Audits

27

25.Approval & Entry into Force of Constitution

28

26.Amendment

28

27.Removal of Officers & Committee members

28,29

28.The Constitution

29

29.Dissolution of the Association

29

.

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Consttitution of the Irissh Deffence Forces  Veteerans Assocciation n 

 

   

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Constitution Draft Dec 2012  

irish defence forces veterans association constitution

Constitution Draft Dec 2012  

irish defence forces veterans association constitution

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