RAAus - Constitutional Change - Proposal Lend your support

[Guest pembs]

Well said Docjell - I know Steve is fighting the corner on behalf of us all but I believe and dont quote me that, there seems to be a lack of leadership within the board......as anyone seen the President as he cannot be found and does not answer any emails.... come on its the 21st Century for petes sake everybody should have some modicum of access to email. I got the same response from the RAaus last year when I requested a copy of the financial statement and mins from the AGM. Coincidently I asked for them again just recently and was told that they may be in the Jan mag.........more delaying tactics I think... I will rewrite the letter to the board (which will be despatched on Wed evening) quoting the changes etc from the advice that members have given, But I need as much support to add more weight so if you do in principle support this email me your name and memebr number to [email protected]

 

 

[JohnMcK]

Hi Pembs,

 

A couple of points.

 

Have a good read of the Constitution first. Some of what you require is already there. Perhaps not complied with though.

 

Sect 15(iii) of our constitution states that the Treasurer must submit a financial statement and a P&L (that is what you want) 14 days prior to the AGM. Your bit about 30 days after seems silly.

 

A mid year financial report is also required by the Board at the February meeting. concerned members should request a copy, and scream if you don't get one.

 

Sec 36 allows any member to see any documents of the Association at the office in Canberra. Perhaps a motion by your local member to the board to allow distant members to receive simple electronic copies of relevant documentation. My personal view is, make it easier for members to receive the current published reports.

 

As stated above we have Sec 25(vi) Perhaps a change to "As soon as practicable" might provide you some of what you seek. As it stands this could be 6 or 12 months.

 

The other stuff is good in principle but member apathy is the killer. Nearly half the board have never faced an election, as there were no other nominations. (In particular the 4 small states - numerically)

 

Have a look at section 13 (i). (One member one vote) this is not being complied with. If the members want a State based Board (as it is now) a change to the constitution must be voted on.

 

The biggest issue as I see it is Transparency and Accountability. There are some Board Members who want to keep everything secret from the members. To me secrecy in administration matters breeds laziness, incompetence and corruption and must be resisted.

 

If you want a change to get up, make it simple and make relevant.

 

Good to see you doing something and getting involved.

 

Cheers,

 

John McK

 

 

[Guest pembs]

Well here it is as sent today to the RAAus Secretery

 

Introduction<o:p></o:p>

 

The proposal contained in this document is not entered into lightly, and has been brought about by the dissatisfaction of many of the RA-Aus membership. The proposed changes are considered to bring both the constitution up-to-date with technology as well as bring some fresh ideas and ideals into the organisation, by refreshing the board at timely intervals. By no means are any of these proposals personal. All the proposed changes are for the good and benefit of both the membership and the association. Should any clarity be required please contact the author.<o:p></o:p>

 

Proposer:Graham A Pemberton 018001<o:p></o:p>

 

Seconder: Peter F Holmes 017136

 

<o:p></o:p>

 

Supporters: names of supporters supplied<o:p></o:p>

 

<o:p></o:p>

 

The above individuals support this document, and its submission

 

<o:p></o:p>

 

<o:p></o:p>1. Part of Constitution to Change – Election of Board Members

 

<o:p></o:p>

 

13. Election of Board Members.<o:p></o:p>

 

--- Start Constitutional Change Request ---

 

Add<o:p></o:p>

 

The maximum number of consecutive terms that a member can occupy on the RAAus Board is set at 2 (two) a term being defined as a 2 year period - at which time that member should stand down, except for the following circumstances:

 

When no other member is nominated for election to the board in the same State/Territory or Category

 

The exception to this rule being that for continuity the current President can be nominated for a following half term taking the Presidents maximum term to (2.5) or 5 years.<o:p></o:p>

 

--- End Constitutional Change Request ---<o:p></o:p>

 

<o:p></o:p>

 

2. Part of Constitution to Change – General Meetings

 

<o:p></o:p>

 

Part IV - General Meetings<o:p></o:p>

 

22. Annual general meetings - calling of and business at.<o:p></o:p>

 

(i) The order of the business at each Annual General Meeting under the chair of the President shall<o:p></o:p>

 

be:<o:p></o:p>

 

a. Opening of the meeting, receipt of apologies and proxies, confirmation of quorum.<o:p></o:p>

 

b. .Declaration of the result of the elections.<o:p></o:p>

 

c. Minutes of last Annual General Meeting<o:p></o:p>

 

d. Business arising out of the minutes of the last Annual General Meeting.<o:p></o:p>

 

e. Presentation of Annual Reports by the President, Secretary and Treasurer.<o:p></o:p>

 

f. Business arising from Annual Reports.<o:p></o:p>

 

g. Any motions on Notice including Special Resolutions.<o:p></o:p>

 

h. Questions from the floor<o:p></o:p>

 

i. Close of Annual General Meeting<o:p></o:p>

 

--- Start Constitutional Change Request ---<o:p></o:p>

 

Add<o:p></o:p>

 

j.That the minutes of Annual General Meeting be ratified, and published to the membership not more than 30 days after the meeting (s) have finished. This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine<o:p></o:p>

 

k. That the financial statement of accounts be ratified and published twice yearly to the membership, the first occasion being not more than 30 days after the AGM, thereafter 6 months later.

 

This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine

 

--- End Constitutional Change Request ---

 

3. Part of Constitution to Change - General Meetings

 

<o:p></o:p>

 

Part IV - General Meetings.<o:p></o:p>

 

25. General meetings - procedure and quorum.<o:p></o:p>

 

As soon as practicable after each general meeting, the Secretary shall cause a copy of the minutes of that meeting to be sent to each Board Member and the Editor (for inclusion in the next RA-Aus journal), The minutes shall include the names of the Members represented, the names of their representatives and assistants, the names of any other persons present and their role, and the proxies received.<o:p></o:p>

 

<o:p></o:p>

 

--- Start Constitutional Change Request ---

 

That the minutes of any General Meeting(s) be ratified, and published to the membership not more than 30 days after the meeting (s) have finished. This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine<o:p></o:p>

 

--- End Constitutional Change Request ---

 

<o:p></o:p>

 

4. Part of Constitution to Change – Inspection of Books

 

<o:p></o:p>

 

36. Inspection of books.<o:p></o:p>

 

The records, books and other documents of the Association shall be open to inspection at a place in the ACT, free of charge, by a Member of the Association on request at any reasonable hour.<o:p></o:p>

 

<o:p></o:p>

 

--- Start Constitutional Change Request ---<o:p></o:p>

 

Any Financial member of the RA-Aus may request a copy of the records, books and other documents of the association to be sent by normal post or electronic means, under the current Freedom of Information Act, A.C.T guidelines. The standard government charges contained in that act will apply.<o:p></o:p>

 

Charges:<o:p></o:p>

 

Application Fees<o:p></o:p>

 

· Application fee - $23.90 (non- refundable unless fee is waived) <o:p></o:p>

 

Access Charges<o:p></o:p>

 

· Search charges - $20 per hour or part of an hour <o:p></o:p>

 

· Supervision charges - $5 per quarter hour <o:p></o:p>

 

· Photocopying charges - 20c per black and white A4 page <o:p></o:p>

 

· Providing access in a form other than photocopying - The reasonable costs incurred by the agency in providing the copy. <o:p></o:p>

 

· Charge for listening to or viewing a tape - The reasonable costs incurred by the agency in making arrangements to listen to or view. (Supervision charges also apply) <o:p></o:p>

 

· Charge for making a written transcript out of a tape - The reasonable costs incurred by the agency in providing the written transcript.<o:p></o:p>

 

--- End Constitutional Change Request ---<o:p></o:p>

 

All applications are made under the guidelines contained in the current Freedom of Information Act – ACT<o:p></o:p>

 

<o:p></o:p>

 

<o:p></o:p>

 

 

[docjell]

Thanks for you hard work Pembs - I very much hope other members will see the importance of these proposed changes. I would be happy to pay a fee for a 'personal' copy of the information I am entitled to - provided that the information is available on the website - as it should be - for all members. Earlier reference has been made by another member on the forum to the fact that he/she is prepared to send copies of the latest financial report but quotes "this must not enter the public domain". Why not? What has the board got to hide! This is the RAAus not some secret society! If there is information regarding the dissemination or distribution of OUR money then surely we should be privy to that information.

 

I do not want our current board to think this is some sort of witch hunt - it is not. I simply feel that their dealings should be open and available to our members scrutiny at all levels - the 'public domain' is irrelevant - if everything is above board (pardon the pun) what is there to hide?

 

Regards

 

Docjell

 

 

[Admin]

Well done Pembs

 

I know it is a bit late now but if I may say that including costs in the constitution locks them in and means the only way they can be changed is through a constitutional change process. Just wondering whether it could have been "as defined by a Schedule of Fees" - This allows the board to change the fees with cpi or other reasons - problem with that is that the board could set outrageous fees - there are pros and cons.

 

Just my 2c but again Mate...well done for not just talking about something but actually doing it for our entire Association and ALL members

 

 

[Guest burbles1]

Yep. A Constitution needs to be worded generally. Any fees can be stipulated in Regulations or a Schedule.

 

 

[Guest pembs]

Hi Ian thanks I see your point but its a start...my inferance was that is should be inline with the fees contained in the act - "The standard government charges contained in that act will apply" and simply quoted the costs from the act in the constitution. But I see your point.

 

 

[Guest pembs]

ok so here is the reply last Wed

 

From: Lynn Jarvis "][mailto:[email protected]]

 

Sent: Wednesday, 10 November 2010 12:24 PM

 

To: Graham Pemberton

 

Cc: '[email protected]'

 

Subject: Re: Proposed Change to the Constitution<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

 

<o:p> </o:p>

 

Thankyou Graham,

 

 

 

I have distributed your email and the proposal document to the board as correspondence received from members.

 

 

 

As I am sure you are aware, these changes need to be passed by a Special Resolution at a General Meeting and notice of that resolution and intention to propose it must be provided to members. As requested I will provide notification to you of when these proposed changes are distributed to members for voting purposes.

 

 

 

Yours sincerely,

 

 

 

Lynn Jarvis

 

Secretary

 

Recreational Aviation Australia

 

 

 

 

 

[JohnMcK]

Hi Pembs,

 

I support the principle of your changes but I would be most surprised if they got up in their current form. Even though I agree with your aims, I will personally vote against them and advise my constituents to do likewise. What you propose is just far too complicated.

 

Two terms is a good idea, but an incumbent can't stay on if no one else nominates because nominations will have closed before this is known. Extending the President's term by half a term will throw the whole voting system into disarray as we have an alternate year voting system. If it must be extended it must be by one full term. Then what happens if the President gets voted out straight after the election???? Do we then have to have a bi election? Perhaps a three consecutive term maximum, with no exceptions may be better option.

 

Putting the costs into the Constitution was a very bad move. That locks those charges in until there is another change to the Constitution. It would have been much better to leave costs out totally, and leave it up to the Board with your input through your local member. If you must put something in perhaps something like "At a minimum cost, or token cost", or something similar.

 

As I mentioned before if you want this to get up it must be relevant, and it must be simple.

 

My suggestion is to talk to the seconder and your group and make this whole thing much simpler before it goes to the members for a vote.

 

My 2 cents worth,

 

Cheers,

 

John McK

 

PS, Your presentation to the Secretary was quite professional.

 

 

[Guest pembs]

JohnMcK - Thanks for the advice I will mull it over, a few others have mentioned the charges so I think you all have a point. Again thanks.

 

Regards

 

Pembs

 

 

[Guest pembs]

Amended Change to the Proposed Constitution

 

1. Introduction
    
    
   
   The proposal contained in this document is not entered into lightly, and has been brought about by the dissatisfaction of many of the RA-Aus membership. The proposed changes are considered to bring both the constitution up-to-date with technology as well as bring some fresh ideas and ideals into the organisation, by refreshing the board at timely intervals. By no means are any of these proposals personal. All the proposed changes are for the good and benefit of both the membership and the association. Should any clarity be required please contact the author.
    
    
   
   Proposer: Graham A Pemberton 018001
    
   
   Seconder: Peter F Holmes 017136
    
    
   
   Supporters: names of supporters supplied
    
    
   
   The above individuals support this document, and its submission
    
    
   
   1. Part of Constitution to Change – Election of Board Members
    
    
   
   (amended section –delete exception presidents term)
    
   
   13. Election of Board Members.
    
   
   --- Start Constitutional Change Request ---
    
   
   Add
    
   
   The maximum number of consecutive terms that a member can occupy on the RAAus Board is set at 2 (two) a term being defined as a 2 year period - at which time that member should stand down, except for the following circumstances:
    
    
   
   When no other member is nominated for election to the board in the same State/Territory or Category
    
    
   
   There are no other exceptions<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
    
    
   

 

 

--- End Constitutional Change Request ---

 

 

 

 

 

2. Part of Constitution to Change – General Meetings

 

 

 

 

 

Part IV - General Meetings

 

22. Annual general meetings - calling of and business at.

 

(i) The order of the business at each Annual General Meeting under the chair of the President shall

 

be:

 

a. Opening of the meeting, receipt of apologies and proxies, confirmation of quorum.

 

b. .Declaration of the result of the elections.

 

c. Minutes of last Annual General Meeting

 

d. Business arising out of the minutes of the last Annual General Meeting.

 

e. Presentation of Annual Reports by the President, Secretary and Treasurer.

 

f. Business arising from Annual Reports.

 

g. Any motions on Notice including Special Resolutions.

 

h. Questions from the floor

 

i. Close of Annual General Meeting

 

--- Start Constitutional Change Request ---

 

Add

 

j. That the minutes of Annual General Meeting be ratified, and published to the membership not more than 30 days after the meeting (s) have finished. This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine

 

 

 

k. That the financial statement of accounts be ratified and published twice yearly to the membership, the first occasion being not more than 30 days after the AGM, thereafter 6 months later.

 

This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine

 

 

 

--- End Constitutional Change Request ---

 

 

 

3. Part of Constitution to Change - General Meetings

 

 

 

 

 

Part IV - General Meetings.

 

25. General meetings - procedure and quorum.

 

As soon as practicable after each general meeting, the Secretary shall cause a copy of the minutes of that meeting to be sent to each Board Member and the Editor (for inclusion in the next RA-Aus journal), The minutes shall include the names of the Members represented, the names of their representatives and assistants, the names of any other persons present and their role, and the proxies received.

 

 

 

--- Start Constitutional Change Request ---

 

 

 

That the minutes of any General Meeting(s) be ratified, and published to the membership not more than 30 days after the meeting (s) have finished. This should be published in one or more of the suggested mediums:

 

Member Magazine

 

On the Official RAAus web site

 

As an inclusion into the magazine

 

 

 

--- End Constitutional Change Request ---

 

 

 

4. Part of Constitution to Change – Inspection of Books

 

 

 

(Amended Section – Deleted fees)

 

36. Inspection of books.

 

The records, books and other documents of the Association shall be open to inspection at a place in the ACT, free of charge, by a Member of the Association on request at any reasonable hour.

 

 

 

--- Start Constitutional Change Request ---

 

Any Financial member of the RA-Aus may request a copy of the records, books and other documents of the association to be sent by normal post or electronic means, under the current Freedom of Information Act, A.C.T guidelines. The standard government charges contained in that act will apply..

 

--- End Constitutional Change Request ---

 

 

 

 

 

[Guest airsick]

Pembs,

 

Anything that increases the level of transparency is a good thing in my mind but I can't support your proposed changes for a number of reasons.

 

Your first change related to the elections is unworkable for the reasons outlined by John. A sitting member must stand down except where there are no other nominations yet they won't know of the nominations (or lack thereof) until it is too late.

 

That technicality aside, I don't like the idea of forcing someone out. If the member is serving us well this policy may preclude them from continuing in favour of a potentially bad replacement. And if the membership is unhappy with their current representative they should stop being apathetic and vote them out. Trying to construct the constitution in such a way that it does our dirty work for us is asking for trouble in my opinion.

 

The changes to sections 22 and 25 seem irrelevant. 25 already states:

 

(v) Unless the minutes of any general meeting are signed by the Chairman of the meeting at which the proceedings took place, they shall be signed by the Chairman of the next succeeding general meeting. If so signed they shall be receivable as prima facie evidence of the matters stated in such minutes.

 

 

 

(vi) As soon as practicable after each general meeting, the Secretary shall cause a copy of the minutes of that meeting to be sent to each Board Member and the Editor (for inclusion in the next RA-Aus journal), The minutes shall include the names of the Members represented, the names of their representatives and assistants, the names of any other persons present and their role, and the proxies received.

 

So according to (v) the minutes of the AGM (a general meeting) must be signed at the next "succeeding general meeting" which is held straight after. Moreover (vi) already states that these minutes must be sent to the editor for "inclusion in the next RA-Aus journal". In other words, no more than one month later (at worst two if the timing isn't right for publication deadlines).

 

It seems to me that if the current board is not following the current constitution then no amount of changes will be meaningful, especially when they simply say what is already there anyway.

 

Lastly, the Freedom of Information Act only applies to government bodies, not private bodies such as the RAA. This seems pointless to reference an Act which cannot be enforced legally. Furthermore, being subject to government charges can be risky in the sense that some of these can be quite high. And why should I have to pay for something that should be available free of charge anyway?

 

If they aren't providing me with the information and I have to pay then I may as well go straight to the AG and do an FOI request there. The accounts have to be lodged with them and are on public record anyway along with a raft of other documents. I can already do this so the constitution changes makes no effective difference.

 

I appreciate what you're trying to do with these changes but I think it won't work...