WHEREAS pursuant to the terms ofThe Manitoba Municipal Administrators Association Inc. Act, The Manitoba Municipal Secretary-Treasurers Association was continued as a body corporate under the name "The Manitoba Municipal Administrators Association Inc." (The "Association")
AND WHEREAS section 10(2) (j) of the Act provides:
The Executive Council may by bylaw
(j) Provide for the establishment of a constitution...
NOW THEREFORE the Executive Council of the Manitoba Municipal Administrators Association Inc, enacts the following as a bylaw:
ARTICLE 1 - PURPOSE
1.1 The purpose of this bylaw is to establish a constitutional bylaw for the Association and to regulate and govern the organization, membership, and proceedings of the Association.
1.2 The provisions of this bylaw are in addition to those contained in the Act.
ARTICLE 2 - GENERAL OBJECTS
In addition to the General Objects found in the Act,The Manitoba Municipal Administrators? Association goals and objectives are as follows:
a) To promote the recognition of the importance and responsibility of the work performed by M.M.A.A. members.
b) To encourage members to carry out their work with diligence, professionalism, ethics, and integrity.
c) To endeavor to maintain an effective working relationship with the Department of Intergovernmental Affairs and the elected officials organizations.
ARTICLE 3 - INTERPRETATION
3.1 This bylaw may be referred to as the "Bylaw #1 - The Constitution of the Manitoba Municipal Administrators' Association".
3.2 This bylaw incorporates in full the provisions of the Act, which is attached as Schedule "A".
3.3 "Quasi municipal body" is any organization that is governed by elected officials and whose responsibility is to serve the local government electorate
ARTICLE 4 - MEMBERSHIP CLASSIFICATIONS
4.1 Membership in the Association shall be open to any person, eighteen years of age or older, who is employed in an administrative or clerical capacity by any Municipality, Local Government District, quasi municipal body or the Department of Intergovernmental Affairs of the Province of Manitoba and shall consist of the following classes:
1) Registered Member - A person who has paid the requisite membership fee and is:
a) A Clerk, Treasurer, Secretary-Treasurer, Chief Administrative Officer, Administrator, Resident Administrator or any like position, regardless of title, employed by a Municipality, Local Government District, or a quasi municipal body; or
b) Any person otherwise qualified as an Associate member who has obtained their certificate in the course for Certified Municipal Administrators? and is employed by a Municipality, Local Government District or quasi municipal body.
2) Associate Member ? A person who has paid the requisite fee and who does not qualify for a registered membership under Article 4.1 but who:
a) Is an employee of a Municipality, Local Government District or a quasi municipal body and performs functions of an administrative or clerical nature;
b) Was a member of the Association and who has retired but has not taken employment in other occupations (retired member) or who has retired and has returned to work in anadministrative role on a contract basis for a Municipality, Local Government District or Quasi ? Municipal Body, or?
c) Is enrolled in the Certificate Course in Municipal Administration recognized by the Association or an accredited equivalent course (student member); or
d)Is a member of the staff of the Government of Manitoba who is engaged in duties related directly to the Chief Administrative Officer, Treasurer, or Administrative functions.
3) Member in Transition ? is a person who immediately prior to being unemployed was a member in good standing of the Association. Upon receipt of a written request for such status and the approval of the Board, such members shall be granted the privilege of continued membership in the Association at the same status held immediately prior to the individual becoming unemployed. Said status shall remain for a maximum of two years and shall end upon the individual becoming re-employed in the municipal administration field.
4) Honorary Life Member ? is a person
a) Who has made such contribution to Municipal Administration as would warrant such outstanding honor;
b) Who was a member in good standing of, and who has so served the Association such that their services would warrant such outstanding honor; and
c) On whom the Executive Council confers such membership.
An Honorary Life Member shall
a) Not pay annual membership fees;
b) Be entitled to all privileges of the Association except that of holding office on the Executive Council and voting; and
c) Be issued a Certificate.
d) Not be required to keep up Professional Development Points.
5) Affiliate Member - A person who has paid the requisite fee for membership and
a) Is an employee of a provincial government department that oversees municipal government.
b) Or is an employee of associations (including, but not limited to the AMM) that are connected with municipal government.
An Affiliate Members shall be entitled to all the privileges of the Association except that of holding office on the Executive Council and voting.
4.2 Membership fees payable shall be as established from time to time by resolution of the Executive Council.
4.3 Membership fees shall be payable by March 15th in each year and only those members who have paid membership fees shall be entitled to vote at any meetings of the Association membership.
ARTICLE 5 - DISTRICTS
5.1 The Province of Manitoba shall be divided into seven districts, more particularly described in Schedule ?B?, for the purpose of:
1) Holding meetings of the members located in the district
2) Electing a representative Director to the Executive Council and an alternate who shall act in the absence of the Director
5.2 The District to which a member belongs shall be determined by the location of their office
ARTICLE 6 - EXECUTIVE COUNCIL
6.1 The business and affairs of the Association shall be controlled, managed, and regulated by the Executive Council consisting of those Officers of the Association set forth in section 7(1) of the Act and:
1. One Director from each District as described in Schedule "A"
2. The Immediate Past President
3. The Executive Director who shall act as Secretary-Treasurer
6.2 The objects or powers of the Association shall be carried out and exercised by bylaws and resolutions passed by the Board; but every bylaw, unless confirmed at a general meeting of the Association for the purpose of confirming it, shall have force only until the next annual general meeting; and in default of confirmation shall cease to have force.
6.3 In addition to the powers set forth in the Act, the Executive Council may by bylaw:
a) Establish the qualification for and the conditions of registration for members,
b) Regulate and govern the conduct of members of the Association in the practices of their business or profession, by prescribing a code of ethics, rules of professional conduct and standards of practice, and for providing for the suspension, expulsion or other penalty for professional misconduct, incapacity or incompetence,
c) Prescribe fees payable to the Association, other than annual membership fees,
d) Govern the calling, conducting and holding of meetings of the Executive Council and members of the Association,
e) Authorize the spending of funds for any purposes that advance the knowledge and education of members, to improve the standards of the practice in municipal administration, and to support and encourage public information and interest in the past and present role of Chief Administrative Officers, treasurers and administrators in society,
f) Establish the qualifications for membership in the various membership categories,
g) Provide for the manner in which records and the making of reports are maintained and kept for and by the Association.
h) Provide for the custody and use of the Seal of the Association.
6.4 The Executive Council may, by resolution, establish policies and procedures related to any Association bylaw and which shall be kept together in a policy manual.
6.5 The Executive Council may appoint such committees as it deems expedient, and it may delegate to them its powers respecting the examination of any question or the execution of specified duties.
6.6 The Executive Council may, by resolution, appoint ex-officio members from other local government organizations to the Executive Council as they see fit. These ex-officio members have no voting privileges.
ARTICLE 7 - DUTIES OF OFFICERS
The Officers of the Association and their duties shall be as follows:
7.1 The President shall:
a) Be the Head and Chief Executive Officer of the Association
b) Be an ex-officio member of all Committees
c) Preside at all meetings of the Association, the Executive Council and the Executive Committee;
d) Maintain order and decorum and decide questions of order, subject to appeal to the Executive Council, or at the President's discretion, to the general membership;
e) Keep informed on the performance of all duties by the other Officers of the Association; and
f) Attend to such measures as will promote the objects and welfare of the Association.
7.2 The Vice-President shall, in the absence of the President at any meeting:
a) Preside at any such meetings, and
b) Be vested with all the duties and authority of the President while so presiding.
7.3 The Executive Director shall:
a) Record in a minute book all resolutions, decisions and other proceedings of the Executive Committee and the Executive Council and all proceedings of the Annual General Meeting and Special General Meetings;
b) Conduct all correspondence of the Association, the Executive Committee and the Executive Council
c) Send all notices to all members of the Association, the Executive Committee and the Executive Council
d) Keep all records, minutes, bylaws, and other necessary documents in a place of safekeeping
e) Receive and deposit all money belonging to the Association, in a Chartered Bank, Credit Union, or Caisse Populaire in the name of the Association
f) Ensure the proper fees are levied and collected and keep a record of all monies received;
g) Prepare an annual statement of receipts and disbursements and provide this statement to the auditor when directed to do so by the Board; and
h) Perform such other duties as are directed by the Executive Council or the Executive Committee.
7.4 A Director shall:
a) Call an annual meeting of the District Members
b) Preside at meetings of the District Membership, and
c) Perform such duties as may be assigned by the Executive Committee or the Executive Council.
ARTICLE 8 - EXECUTIVE COMMITTEE
Subject to any regulations the Executive Council may prescribe, the Executive Committee shall, during intervals between Executive Council meetings, possess and may exercise such powers of the Executive Council as defined by the Executive Council in the administration of the business and affairs of the Association. The Executive Committee may make regulations as it sees fit to govern the calling and holding of its meetings. All minutes of the Executive Committee shall be presented at the next Executive Council meeting.
The Executive Committee shall be composed of the President, the Vice-President, and one District Director elected by the other District Directors at the first Executive Council meeting following the annual meeting.
ARTICLE 9 - QUALIFICATIONS AND TERMS OF OFFICE
9.1 Any registered member of the Association shall be eligible for election to the Executive Council. In order to remain as Immediate Past President on the Executive Council, one must be a registered member.
9.2 The term of office of the President shall be two years, with no eligibility for re-election.
9.3 The President shall be elected at the annual meeting and shall hold office until the close of the annual meeting following the next annual meeting, at which time the successor shall take office.
9.4 The term of office of the Vice-President shall be one year, with the right for eligibility for re-election, but in no case shall the term of office be for more than two consecutive years.
9.5 The Vice-President shall be elected at the annual meeting and shall hold office until the close of the next annual meeting, at which time the successor shall take office.
9.6 The term of office for Directors shall be for one year, with the right of eligibility for re-election, provided that no Director shall represent any District for more than three consecutive years.
9.7 Alternate Directors shall be elected at the District meetings of the Association and shall hold office from the adjournment of the annual meeting until their successors assume office.
9.8 The term of office for Alternate Directors shall be one year, with the right of eligibility for re-election. There shall be no limit on the number of re-elections for which an Alternate Director is eligible.
9.9 Directors shall be elected at the District meetings of the Association and shall hold office from the adjournment of the annual meeting until their successors assume office.
9.10 Where an appointment has taken place in accordance with Article 12, the portion of the term shall not be included in the term stipulated in this Article.
9.11 Where a member has served on the Executive Council for the term specified in this Article and is therefore ineligible to be re-elected, the person shall regain their eligibility after the expiration of one year out of office.
ARTICLE 10 - ELECTIONS
10.1 Only members who have paid the required membership fee shall be entitled to vote during any election of officers or on any matter requiring a vote.
10.2 All matters except elections shall be decided by majority vote of the members in attendance.
10.3 All voting during any election shall be by ballot and the candidate receiving fifty percent (50%) or more of the vote shall be declared elected. If there are three or more candidates on the ballot and none of the candidates receive fifty percent (50%) or more of the vote on the first vote, the candidate with the least number of votes shall be dropped from the ballot and a second vote taken. This procedure shall continue until a vote has determined that a candidate has received fifty (50%) or more of the vote.
10.5 In the case of a tie vote between two candidates, a second vote shall be taken. If after the second vote a tie still exists, the deciding vote shall be cast by lot, with the Presiding Officer making the draw.
10.6 Scrutineers shall report the result of each vote to the Presiding Officer who shall announce the result to the Meeting.
10.7 The Presiding Officer shall not announce the number of votes for each candidate unless a majority of the members in attendance shall otherwise direct.
10.8 No objection to validity of any vote will be allowed, except at the meeting and at the time of the taking of the vote.
10.9 The Presiding Officer shall be the sole judge of the validity of every vote taken at any meeting.
10.10 The Immediate Past President shall be the Presiding Officer at the Election of Officers at the annual meeting.
ARTICLE 11 - APPOINTMENT OF EXECUTIVE DIRECTOR
11.1 An Executive Director shall be appointed by resolution of the Executive Council to serve for such term and upon such conditions, as the Executive Council shall determine.
11.2 The Executive Council may by resolution split the duties of the Executive Director into the offices of Treasurer and Secretary.
ARTICLE 12 - VACANCIES
12.1 A vacancy shall occur in the Executive Council when
1) A member resigns;
2) A member dies;
3) A member ceases to be a registered member of the Association;
4) A member is absent from three consecutive Executive Council meetings without the written consent of the Board;
5) A member is convicted of an indictable offence, or
6) A District fails to elect a Director at the Director meeting.
12.2 When a vacancy occurs in the Executive Council for any cause, the Executive Council shall fill the vacancy by designating Executive Council members as follows:
1. Vice-President to replace the President
2. Director to replace the Vice-President.
3. Alternate Director to replace Director
12.3 A vote of the Executive Council shall determine the Director to replace the Vice-President if more than one indicates they are prepared to complete the vacant term.
12.4 The foregoing designations shall be deemed "Acting" and in effect until the close of the next annual meeting, except in the case of Acting Directors. This designation shall remain in effect until the close of the next District Meeting for the applicable District.
ARTICLE 13 - MEETINGS
13.1 The annual meeting of the Association shall be held at such time and place in each year as shall be determined by the Executive Council.
13.2 Special meetings of the Association shall be held at the call of the President or the Board, or upon receipt of a request in writing signed by at least fifteen members of the Association specifying the reasons for calling such special meeting.
13.3 Meetings of the Executive Council shall be held at the call of the President or upon receipt of a request in writing from three members of the Executive Council specifying reasons for calling such meeting.
13.4 An annual District meeting shall be held in each District at such time and place as may be determined by the District Director.
13.5 Notices of meetings shall be given as follows:
1. Notice of the Annual Meeting and all Special Meetings shall be mailed to each member at least three weeks before the date of the meetings and shall state the time and place of the meeting.
2. In the notices of Special Meetings, the nature of the special business to be brought before the meeting shall be clearly specified and no other matter may be dealt with at that meeting.
3. At least seventy-two hours notice of all Executive Council and District meetings shall be given to the members thereof and notices may be given in person, by telephone by mail or by facsimile transmission sent to the members last known address or telephone number.
13.6 The necessary quorum for the transaction of business at any meeting shall be as follows:
1. 25 members at the annual meeting;
2. 15 members at a special meeting;
3. A majority of members at a Executive Council meeting;
4. A majority of any Committee or Executive Committee;
5. 5 members at any District meeting.
13.7 Committees may be appointed by the members at either an annual meeting or special meeting for the purpose of considering any matter and the Committee shall report of the matter as the body or reference may direct.
13.8 Rules of procedure to be followed at the Annual Meeting, Special Meetings, District Meetings and all meetings of the Executive Council shall be that as set down in Bournot's "Rules of Order".
13.9 The Executive Council or Committee, as the case may be, may, if all members of the Executive Council or Committee consent, participate in a meeting by means of telephone or other communication facility if all persons participating in the meeting can hear each other. A member participating in the meeting by that means is deemed for the purposes of this bylaw to be present at that meeting.
ARTICLE 14 - FINANCE PROVISIONS
14.1 The Executive Council may expend money from Association funds:
1. To implement any of the objects or powers conferred by the Act of Incorporation;
2. To meet expenses of all Annual, Board, or Executive Committee Meetings;
3. To pay expenses of Executive Council Members;
4. To meet the expenses incurred in the entertainment and reception of guests of the Association, or;
5. To meet such other expenses as may be necessary or advisable for the operation of the Association.
Table of Contents
(Assented to March 15, 1990)
WHEREAS The Manitoba Municipal Secretary-Treasurers Association has, by its petition, prayed that a statute be enacted, and it is expedient to grant the prayer of the petition;
AND WHEREAS by chapter 51 of the Statutes of Manitoba 1986-1987 the title of The Manitoba Municipal Secretary-Treasurers Association Act was changed to The Manitoba Municipal Administrators Association Inc. Act;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legistlative Assembly of Manitoba, enacts as follows:
1 The Manitoba Municipal Secretary-Treasurers Association is continued as a body corporate under the name "The Manitoba Municipal Administrators Association Inc.".
2 The general objects of the association are:
(a) to promote and increase the knowledge, skill and proficiency of its members relating to municipal administration and public finance; and
(b) to promote the welfare of its members.
3(1) Membership in the association is open to any person who is 18 years of age or older, and
(a) who is employed in a clerical capacity by a municipal corporation or local government district in the province; or
(b) who is granted or bestowed membership under the by-laws of the association.
3(2) The association may by by-law create classes of membership, which shall include registered, associate and honorary members.
4(1) A register shall be kept by the secretary of the association, and all names of all members of the association in good standing shall be recorded in it.
Privileges of membership
4(2) Only those members whose names appear in the register shall be entitled to the privileges of membership in the association.
Register open for inspection
4(3) The register shall be open for inspection by the public at all reasonable times.
5 The association may enter into contracts with any private, public, municipal or Crown corporation, to provide for members of the association and their dependants,
(a) a group retirement annuity pension plan;
(b) a group accident and sickness insurance plan;
(c) a group life insurance plan;
(d) a group hospitalization and medical payment plan;
(e) any other group plan whereby the members of the association or their
dependants may derive a benefit.
6(1) The association may acquire and hold such real or personal property as is required for its purposes, and may sell, mortgage, lease or otherwise dispose of it.
6(2) The association may borrow from any person or firm such sums of money as may be found necessary for the purposes of the association, and may secure any loan by bonds, debentures, bills of exchange, promissory notes, mortgages or any other instruments that may be considered necessary or advisable by the lender.
6(3) The association may invest all or any of its money in any property or security whatsoever for the use and purpose of the association.
7(1) The affairs of the association shall be managed and regulated by the executive council, which shall consist of the president, vice-president, secretary-treasurer and such other officers as the by-laws may prescribe.
7(2) The president and the vice-president shall be elected by the members of the association at the annual meeting of the association.
7(3) A majority of the executive council constitutes a quorum.
7(4) The executive council shall be constituted in a manner, and shall hold office for such a term, as is fixed by by-law.
8(1) A general meeting of the association shall be held annually for the purpose of electing the president and vice-president, and for such other business as may be brought before the meeting.
8(2) Regular general meetings shall be held as the by-laws of the association may provide, but at least one general meeting shall be held in each calendar year.
9 The executive council shall appoint a secretary-treasurer or a secretary and a treasurer, and any other office as is created by by-law.
Confirmation of by-laws
10(1) Every by-law passed by the executive council shall, unless in the meantime confirmed at a general meeting of the association called for the purpose of considering it, have force only until the next annual general meeting and, in default of confirmation there, shall cease to have force.
Powers of executive council
10(2) The executive council may by by-law
(a) prescribe a curriculum and a course of studies in municipal administration and public finance;
(b) provide for the establishment of a board of certification which may prescribe the subjects on which students shall be examined and the conditions upon which certificates may be granted to students;
(c) provide for the establishment of a course in municipal administration and public finance, to be known as the "Certified Manitoba Municipal Administrators Course";
(d) provide for a certificate, to be awarded to any person who successfully completes the course established under clause (c), certifying that the person is entitled to be known as and to use the title of a "Certified Manitoba Municipal Administrator";
(e) authorize the making of an agreement between the association and The University of Manitoba or any college or school for such lectures and classes or correspondence courses as may come within the course of studies prescribed;
(f) provide for the regulation of its members, including the suspension or expulsion of any member for misconduct or violation of the by-laws or regulations of the association;
(g) provide for the payment of a salary or reimbursement for expenses incurred by any authorized person undertaking projects on behalf of the association;
(h) prescribe from time to time membership fees payable by registered and associate members;
(i) provide the method of the election of members to the executive council;
(j) provide for the establishment of a constitution and for the regulation of general, special or annual meetings;
(k) provide generally for all such matters as may be deemed necessary or convenient for the administration of the association and the promotion of its objects and the welfare of its members.