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Constitution & By-Laws

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RETURNED & SERVICES LEAGUE OF AUSTRALIA

ANGELES CITY SUB BRANCH

 

CONSTITUTION AND BY LAWS

 

(AS AMENDED AND ADOPTED AT AN EXTRAORDINARY MEETING OF MEMBERS HELD ON 19TH FEBRUARY 2008)

 

 

(INCORPORATES AMENDMENT BY ADDITION OF CLAUSE 11 AT AN EXTRAORDINARY MEETING OF MEMBERS HELD ON 17TH MAY 2011)

 

 

CONSTITUTION

 

Adoption of National Constitution, ACT Branch Constitution

 

  1. The Constitution of the Returned and Services League of Australia (National) and the Returned and Services League of Australia (ACT Branch), the By-Laws and Standing Policies are adopted and form part of the Constitution, By-Laws and Standing Policies of the Angeles City Philippines Sub Branch (the Sub Branch).

 

  1. Where there is any conflict between the Constitution By-Laws and Standing Policies of the Sub Branch with the same of the National body and or the ACT Branch then the Constitution, By-Laws and Standing Policies of the National body and the ACT Branch shall prevail and in that order of precedence.

 

Motto

 

  1. The motto of the Sub-Branch is “THE PRICE OF LIBERTY IS ETERNAL VIGILANCE”.

 

Objects

 

  1. The objects of the Sub Branch are

 

    1.  to perpetuate the close and kindly ties of friendship created by mutual service in the Australian Defence Forces and with other forces of Nations traditionally allied with Australia,

 

    1. to maintain a proper standard of dignity and honour among all past and present members of the Defence forces and of those Nations,

 

 

    1. and to set an example of public spirit and noble endeavour.

 

BY-LAWS

 

Sub Branch Management

 

1.1       The Angeles City Sub Branch will appoint its Officers and conduct its business subject to the National Constitution and to any direction of the Federal Council;

 

1.2       Management of the Sub Branch will be vested in a Committee thereof consisting of a President, 2 Vice Presidents, a Secretary , a Treasurer and Committee Members and any such other officers that the Committee or a General Meeting should decide.

 

1.3       The Executive of the Angeles City Sub Branch will consist of the President, the Vice Presidents, the Secretary and the Treasurer who are empowered to act on behalf of the Sub Branch subject to ratification of their actions by the next General Meeting

 

 

Sub-Branch Election Of Officers And The Committee

 

2.1       The Officers and the Committee will be elected annually at an Annual General Meeting (AGM) of the Sub Branch.  The election will not become effective until duly audited Balance Sheets and Income and Expenditure Accounts for the Sub Branch for the preceding year have been adopted or otherwise dealt with to the satisfaction of the Federal Council.

 

2.2       The Sub Branch will, at least one month before the AGM, determine whether:

 

2.2.1  Nominations will be made verbally or in writing; and that

 

2.2.2  Elections shall be by:

 

2.2.2.1secret ballot from the floor at the AGM on the basis of first past the post; or

 

2.2.2.2     on a show of hands.

 

2.3       Proxy votes may be lodged with the Secretary not less than 24 hours before AGM by those members unable to attend the AGM.

 

2.4       Written nominations, under two members signatures along with the nominees acceptance, shall be lodged with the secretary at least 14 days before the AGM. The secretary shall record the date and time the nomination is received on the covering envelope which he is to retain.

 

2.5       Verbal nominations may be proposed and seconded from the floor at the AGM.

 

2.6       A General Meeting will appoint a Returning Officer and Scrutineers to conduct the elections of the Sub Branch as determined by that meeting.

 

2.7       Where two or more candidates secure an equal number of votes either by secret ballot or on a show of hands, the Returning Officer shall have a casting vote which will be determined by placing the names of such candidates in a hat and drawing one name out of the hat.  That candidate shall be declared elected.

 

 

2.8       The Chairman at each AGM will declare elected to each office for which a ballot was held, the Candidate who, according to the Returning Officer’s Report, received the highest number of votes.

 

2.9       Any member of the Committee or an officer may retire from office by giving notice in writing to the President, or to the Secretary, of that person’s intent to do so.  Such resignation will take effect immediately unless otherwise agreed by all parties concerned.

 

2.10    The remaining Members of the Committee may act despite any casual vacancy in the Committee.  Such casual vacancy will be filled at the next General Meeting by verbal nomination and a show of hands of the members present.

 

2.11    AGM’s of the Sub Branch will be held each year in February at such time, day and place as determined by the Committee.

 

2.12    The financial year of the Angeles City Sub-Branch will end 31st December in each year and the Committee will, at the AGM, submit a report of the affairs of the Sub Branch for the preceding year, together with duly audited Balance Sheets, and Income and Expenditure accounts.

 

2.13    The Committee may convene an Extraordinary General Meeting of the Sub Branch whenever:

 

2.13.1  Any matter arises affecting the orderly functioning of the Sub-Branch or any of its members; and/or

 

2.13.2  Upon receipt of a requisition in writing by ten (10) financial service members, or any such other number as the Sub Branch shall determine by ordinary resolution.  Any such requisition will, specify the object of the Extraordinary General Meeting and be signed by the requisitioning members, and be deposited with the Secretary who will

 

convene such a meeting within 21 days of the receipt of  such requisition; and

 

2.14    Only financial Members of the Sub Branch are eligible to vote at an AGM or Extraordinary General Meeting.

 

Sub-Branch Executive Officers’ Duties.

 

3.1       The President is the Senior Officer of the Sub Branch and shall chair all meetings.  He shall represent the Sub Branch at all functions, parades, ceremonies and the like as required and subject to his availability.  The President may delegate his powers in this regard to either of the Vice Presidents or other member of the Executive Committee who shall act as his deputy as may be required from time to time;

 

3.2       The Secretary shall convene all meetings of the Sub Branch and committees, and record the minutes of the Sub Branch Meetings, maintain correspondence and keep and maintain a register of all members in a book to be provided.

 

    1. The Treasurer shall, with the approval of the Committee, open bank accounts in the name of the Sub Branch.

The Treasurer shall in addition;

 

3.3.1   raise accounts for subscriptions to each member from the 30th November each year,

 

      1. will receipt all monies received which will be paid directly into the bank appointed by the Sub Branch Committee after entry into books of account as having been received.

 

      1. pay all accounts as authorised by the Committee and ratified by General Meeting,

 

      1. prepare Income and Expenditure reports for presentation at each monthly meeting of the Sub Branch.

 

      1. in each year have the books of account of the Sub Branch audited and prepare and sign an Annual Balance Sheet and Statement of Income and Expenditure.

 

      1. forward to National Headquarters copies of the Annual Accounts of the Sub Branch together with such other documents and monies as properly required by National Headquarters.

 

      1. All cheques drawn for cash or accounts payable are to be signed by two any (2) Officers of the Sub-Branch from a number

 

 

 

      1. of signatories registered with the Bank of the Sub Branch as determined by the Committee from time to time

 

 

Sub-Branch Standing Orders.

 

4.1       The following order of business will be employed at Sub Branch General Meetings, subject to any variation resolved as a consequence of those meetings:

4.1       Reciting of the ode and silence in memory of departed comrades;

4.2       Signing of the attendance book;

4.3       Receiving apologies and introduction of new members and guests;

4.4       Reading and confirmation of the minutes of the last meeting;

4.5       Receiving inward correspondence and approval of outward correspondence;

4.6       Receiving and approval of Treasurer’s Report;

4.7       Reports from various officers as required;

4.8       General Business;

4.9       Closure of meeting.

 

4.2       At any General meeting a quorum of ten(10) financial Members is required. If a quorum is not present within 30 minutes of the time set for the meeting, the meeting shall stand adjourned and a further meeting called with at least 7 days notice to be given to members of such meeting.  In the event of a quorum not being present at the adjourned meeting, the members present will constitute a quorum and the meeting will proceed as stipulated in the National By-Laws.

 

Sub-Branch Accounts

 

5.1       Accounts will be kept of all monies received and expended by the Sub Branch and of all assets and liabilities.  The books of account shall be kept by the Treasurer and will be open for inspection by members, subject to approval first having been obtained from the Executive Committee;

 

5.2       The Treasurer shall maintain and keep accounts in accordance with his duties as set out in Clause 3.3 aforegoing.

 

 

Sub-Branch Auditors And Audit

 

6.1       The Sub-Branch will, at the AGM, elect an Honorary Auditor, or appoint a qualified Auditor who will inspect the books, vouchers and securities

 

 

of the Sub Branch and certify as to their correctness as reported in the Annual Balance Sheet,

 

6.2       The Auditor will have access at all times to the books, accounts, receipts and vouchers of the Sub Branch;

 

6.3       No Officer of the Sub Branch is eligible to act as Auditor;

 

6.4       Any casual vacancy in the office of Auditor will be filled at the next General Meeting of the Sub-Branch.

 

Membership

 

Membership will consist of two (2) classes;

 

7.1       Service Members are those members who qualify for membership to the satisfaction of the Sub-Branch Committee and according to the Constitution of RSL(National); and

 

7.2       Affiliate Members are those who do not have service eligibility according to the By-Laws of the National Headquarters but who comply with the definition of Affiliate members according to the Constitution and By-Laws and Standing Orders of the RSL ACT Branch.

 

Membership Subscriptions

 

8.1       Subscriptions fall due on the 31st December each year and will be accepted up until 30th April of that year. After that date, a member may be struck off the membership Register or dealt with as the Committee so decides.

 

8.2       Annual subscriptions shall be set, and may be altered from time to time, by the Sub-Branch Committee, subject to ratification at a General Meeting.

 

Charter Members

 

9.         A Charter Member will be a financial Service Member who has paid his Subscription to the Sub-Branch and completed an application form to the satisfaction of the Committee on or before the 21st June,1994.

 

General

 

10.       All Monthly General Meetings will be held within Angeles City, however the Committee may decide that such meetings may be held outside the boundaries of Angeles City, but may not exceed two meetings in any one year.

 

 

11.       Emergency Loans to Members

(inserted by Special Resolution - 17 May 2011)

 

            The Executive shall have power to make an emergency loan to a member on the following conditions:-

 

            11.1    “emergency” for the purposes of this clause means an immediate need by a financial member for cash for immediate medical services and treatment of a life threatening illness or accident of that member, and where due to the then present circumstances the member cannot access his own funds or entitlement to funds, for that purpose.

 

            11.2    Where the member at the time of applying for such loan can positively demonstrate a proven capacity to repay the loan within a reasonable time from the making of the loan then the amount of the loan shall at the discretion of the Executive, be unlimited. The terms of the loan and the repayment of the loan shall be fixed at the time of approval of the making of the loan.

 

            11.3    Where the member at the time of applying for such loan cannot positively demonstrate a proven capacity to repay the loan within a reasonable time from the making of the loan then the amount of the loan shall be limited to a sum not exceeding SIXTY THOUSAND PHILIPPINE PESOS (Php60,000.00) and then only at the discretion of the Executive. The terms of the loan and the repayment of the loan shall be fixed at the time of approval of the making of the loan.

 

            11.4    Decisions of the Executive in relation to this clause shall be the unanimous decision of all members of the Executive.

 

            11.5    Where a loan is made to a member the member at the time of receipt of the loan (or so soon thereafter as the member is able to do so) shall sign an Acknowledgement of Receipt and setting out the terms of the loan in the form set out as Annexure “A” to these By Laws.