Progressive Conservative Association of Alberta Constitution

Amended November 7, 2009
Amended Nov 7, 2009
Table of Contents
Objects Membership Delegates General Meetings Officers Officers Executive Committee Meetings of the Executive Committee Duties of Officers Annual Financial Report Rules of Procedure Provincial Leadership Elections Leadership Review Constituency Associations Amendments
3 3 4 5 6 7 8 9 10 12 12 12 15 16 22
Coming Into Effect as of This Constitution 22 Schedule A Explanatory Notes Contact Information 23 42 47
PROGRESSIVE CONSERVATIVE ASSOCIATION OF ALBERTA
CONSTITUTION OF THE PROGRESSIVE CONSERVATIVE ASSOCIATION OF ALBERTA
1.
OBJECTS
The objects of the Association shall be: To promote and assist the interests and principles of the Progressive Conservative Association of Alberta. To promote and assist in nominating and supporting in any Provincial Election, official Progressive Conservative candidates, consistent always with the autonomy of the Constituency Associations.
2.
MEMBERSHIP
The membership of the Association shall consist of all members in good standing of Provincial Progressive Conservative Constituency Associations situated within the Province of Alberta and members in good standing of the Progressive Conservative Youth of Alberta, all of whom must hold an official membership card in the Progressive Conservative Association of Alberta.
3.
DELEGATES
The delegates entitled to vote at General Meetings and Annual General Meetings of the Association shall be members in good standing and shall consist of the following: (a) (b) The Executive Committee of the Association Fifteen (15) delegates from each Alberta Provincial Constituency Association and fifteen (15) delegates from each Federal Conservative Party of Canada Constituency Association situated within the Province of Alberta; the said delegates must include a minimum of three (3) youth delegates from each constituency. The age for youth delegates shall be defined according to the constitution of the Progressive Conservative Youth of Alberta. All delegates are to be chosen in such a manner as the Constituency Association may decide. Each delegate shall be a resident of the Constituency. If the Secretary of the Association has not received the names of the delegates from the Constituency one (1) week before any meeting of this Association, then the first fifteen (15) members who are residents of the Constituency and who have registered from each Provincial Constituency and the first fifteen (15) members who are residents of the Constituency and who have registered from each Federal Conservative Party of Canada Constituency Association shall be delegates.
(c)
Twenty (20) youth delegates appointed by the Progressive Conservative Youth of Alberta, and two (2) youth delegates from every Alberta provincial government accredited post-secondary education institution on which a Provincial Progressive Conservative campus association exists provided there shall be no more than twenty (20) post-secondary campus Associations for this purpose unless otherwise approved by the Executive Committee of the Progressive Conservative Association of Alberta. In the event of a dispute, the Executive Committee shall determine what is a
recognized association for this purpose and the decision shall be final. (d) All Conservative Party of Canada Members of Parliament representing Alberta Constituencies, and all Progressive Conservative Members of the Legislative Assembly of Alberta, and Progressive Conservative candidates nominated subsequent to the most recent Provincial General Election. Former Progressive Conservative Members of the Legislative Assembly of Alberta. Past Presidents of the Progressive Conservative Association of Alberta. Members of the Alberta P.C. Fund Committee not to exceed fifteen (15) from Northern Alberta, and fifteen (15) from Southern Alberta and all regional fund-raising chairmen not to exceed five (5). These delegates will be chosen by the Officers in consultation with the Vice President of Finance. Fifteen (15) members of the Provincial Campaign Committee as determined by the Officers.
(e)
(f)
(g)
(h)
Only delegates shall be entitled to vote at meetings of the Association, and each delegate shall vote once, irrespective of the number of offices held by such delegate.
4.
GENERAL MEETINGS OF THE ASSOCIATION
Annual General Meetings shall be held not more than eighteen (18) months apart. Additional General Meetings shall be held whenever deemed advisable by the Executive Committee. In the event that a Provincial or Federal Election shall make the holding of an Annual General Meeting inconvenient, the Executive Committee may extend the time between meetings up to a maximum of twenty-four (24) months. Failure to do so will not invalidate a meeting otherwise properly constituted.
5.
OFFICERS
The Officers of the Association shall be: (a) (b) President Five Vice Presidents; one from Calgary, one from Edmonton, one from Southern Alberta outside of Calgary, one from Northern Alberta outside of Edmonton, and one from Central Alberta. Six other Vice Presidents, each of whom shall be Chairmen of the following standing committees: (i) (ii) Finance South Finance North
(c)
(iii) Policy and Resolutions (iv) Organization (v) Communications
(vi) Outreach (d) (e) (f) Budget Director Treasurer Secretary
6.
OFFICERS
(a)
The President, Calgary Vice President, Edmonton Vice President, Southern Vice President, Northern Vice President, Central Vice President, Vice President Policy and Resolutions, Vice President Communications, Vice President Outreach, Treasurer and Secretary shall be elected for two year terms at the Annual General Meeting of the Association. The first five of these positions would be filled at one AGM with the remaining six filled at the next AGM. Vacancies between Annual Meetings shall be filled by appointment by the Executive Committee. The Vice President Finance South and Vice President Finance North, and Vice President Organization, and Budget Director, shall be appointed by the Executive Committee in consultation with the Leader. In the event of more than one person being nominated for an office, voting for that office shall be by secret ballot. Selection of each candidate shall be made on a successive basis until one candidate has received a majority of the votes present. The function of the Officers shall be to carry on the day to day business of the Association according to the direction given by the Executive Committee from time to time. A quorum of a meeting of the Officers shall be eight (8).
(b)
(c)
(d)
7.
EXECUTIVE COMMITTEE
There shall be an Executive Committee which shall have the power to conduct the affairs of the Association between meetings of the Association and to appoint such honorary officers of the Association as the Executive Committee considers advisable. The Executive Committee shall consist of the following members: (a) The Officers of the Association, the Leader or Acting Leader, and the immediate Past President of the Association. Regional Directors are to represent each Provincial Constituency within the Regional Area. The Regional Area for each Regional Director will be established, and may be varied from time to time, by the Executive Committee. Each Regional Director shall be elected for a two year term at an Annual General Meeting of the Association by the delegates from the Regional Area which are to be represented. Northern Regional Directors shall be elected at every second Annual General Meeting of the Association. Southern Regional Directors shall be elected at every second Annual General Meeting of the Association in years alternating with the election of Northern Regional Directors. Vacancies between Annual General Meetings shall be filled by the Executive Committee, with the appointee residing in the Regional Area to be represented. In the event of any dispute as to the election, appointment or qualification of any Regional Director the dispute shall be resolved by the Executive Committee whose decision shall be final. Six (6) members of the Progressive Conservative Youth of Alberta designated by the Executive of the said Progressive Conservative Youth of Alberta. Two (2) persons (not including the Leader) to represent the Alberta Progressive Conservative MLAs to be elected by the Caucus. All Past Presidents of the Association shall be invited
(b)
(c)
(d)
(e) 8
as ex officio members, but shall not be entitled to vote, except that the immediate Past President of the Association shall be entitled to vote. (f) The Executive Committee shall have power to conduct and direct the affairs and functions of the Association between Annual General Meetings and may do so directly or through delegation or both. Such powers shall (without limitation) include the power to provide for, establish, maintain, and determine officers and directors for, a non-profit corporation or society and delegation to it of such powers and functions as are required by law to be, or ought to be, performed by or through such a corporate body.
8.
MEETINGS OF THE EXECUTIVE COMMITTEE
The Executive Committee shall meet at the call of the President. Notice of such meeting shall be given by written notice mailed or electronically transmitted at least seven (7) days before the date set for the meeting. In the event of the neglect or refusal of the President to call a meeting of the Executive Committee, then such meeting may be called by any of Calgary, Edmonton, Southern, Central, or Northern Vice Presidents or in the event of the neglect or refusal of the President and any of the Vice Presidents to call a meeting of the Executive Committee, then such a meeting may be called by three or more members of the Executive Committee. Notice of such meeting shall be given by registered letter at least fourteen (14) days before the date set for the meeting. A quorum shall be twelve (12) Executive Committee members. The President or, in the Presidents absence, any of the elected Vice Presidents, shall be the Chairman of the Executive Committee. The Chairman of any meeting shall not have a vote except in the case of a tie vote when the Chairman shall cast one vote to break the tie.
9. (a)
DUTIES OF OFFICERS The President shall preside over all Annual General Meetings, and General Meetings, and meetings of the Executive Committee, and meetings of Officers, and shall have general responsibility as the Executive Head of the Association. Any of the Calgary, Edmonton, Southern, Central or Northern Vice Presidents shall act for the President in all cases of absence or inability or unwillingness to act. The five regional Vice Presidents, shall, together with the President and the Vice President Organization, be responsible for establishing active Constituency Associations in every Provincial Constituency. The Treasurer shall keep an accurate record and accounting of all funds related to the general operations of the Association. The Secretary shall be responsible for recording the minutes of all Executive Committee meetings, Annual General and General Meetings, sending notices as required and maintaining an up-to-date mailing list of all members and volunteer workers. The Vice Presidents Finance, North and South, shall provide funds for the operations of the Association (as distinguished from Constituency requirements). The Vice President Policy and Resolutions shall be responsible for: (i) organizing the receipt and review of resolutions at the Annual General Meeting of the Association; organizing Policy Conferences, research and library facilities, and
(b)
(c)
(d)
(e)
(f)
(ii)
(iii) that the Vice President Policy and Resolutions shall form a committee, consisting of the Policy Vice Presidents 10
of not less than 10% of the provincial constituencies, for the purpose of establishing the agenda for the Annual Policy Conference. (g) The Vice President Organization shall assist the Leader between election campaigns in establishing Provincial Constituency organizations through the President, the Calgary, Edmonton, Southern, Central, Northern Vice Presidents, and the Regional Directors. The Vice President Communications shall be responsible for: (i) internal communications within the Party through the utilization of a newsletter or such other communications as may be deemed advisable to assure the members of the Association are adequately informed as to the various activities of the Association and its affiliate organizations. communications through the various news media and to the voters of Alberta so as to publicize and promote the activities of the Association, and its elected representatives.
(h)
(ii)
(iii) to coordinate the activities of any public relations and advertising programs which may be carried on from time to time. (i) The Vice President Outreach shall be responsible for outreach programs of the Progressive Conservative Association of Alberta. The Executive Director shall be appointed by the Leader in consultation with the Executive Committee. The Executive Director may also serve as Vice-President Organization. The Executive Director
(j)
11
shall have general responsibility for maintenance, supervision and operation of offices, staff and facilities for the conduct of the Associations affairs and functions.
10.
ANNUAL FINANCIAL REPORT
30 days prior to any Annual General Meeting, the Association shall prepare and submit to the President of each Constituency Association, a financial report consisting of: (a) a general summary of its transactions and affairs during that year, including all trust or foundation funds, its revenues and the application of its expenditures during the previous year, and an audited balance sheet of its accounts and financial transactions, including any trust or foundation funds during that year.
(b)
11.
RULES OF PROCEDURE
Roberts Rules of Order shall govern the proceedings of the Association, the Executive Committee and Committees, as far as they may be applicable without coming into conflict with the constitution.
12. (a)
PROVINCIAL LEADERSHIP ELECTIONS A leadership election shall be called when: (i) The Leader delivers to the President of the Association his notice of intent to resign as leader; The position of leader otherwise becomes vacant;
(ii)
12
(iii) Pursuant to section 13 herein a leadership election is required as a result of a ballot taken at an Annual General Meeting. (b) In the event the Leader is unable to continue as Leader, the caucus shall select an interim Leader until the leadership election process is completed. Eligible voters shall be: (i) (ii) (iii) Canadian citizens; Of the full age of 16 years; Ordinarily resident in Alberta for at least six (6) months immediately prior to the voting date; Members in good standing of a Provincial Progressive Conservative Constituency Association.
(c)
(iv)
(d)
In the event of a leadership election the Association shall hold the election by a direct vote of eligible voters according to terms and conditions contained herein and any other terms and conditions not in conflict therewith adopted by the Executive Committee. A candidate for leadership election shall be a member in good standing of the Progressive Conservative Association of Alberta at the date of filing nomination papers. Voting Procedures (i) Voting shall occur on a day determined by the Executive Committee for a period of ten (10) consecutive hours. A second ballot, if necessary, shall occur fourteen (14) days later for ten (10) consecutive hours. Each eligible voter shall have the opportunity to cast their vote from 13
(e)
(f)
(ii)
within the boundaries of their Provincial Constituency. (iii) A candidate who receives more than half the total valid ballots cast shall be declared the elected leader of the Association. (g) Second Ballot Rules (i) If there are three candidates and no candidate receives more than half of the valid ballots cast on the first ballot, a second ballot shall be held between the two candidates who receive the most votes. If there are more than three (3) candidates, and no one (1) candidate receives more than half the total valid ballots cast on the first ballot a second ballot shall be held. Only the three (3) candidates who receive the most votes shall be included in the second ballot. The second ballot shall be decided by a preferential ballot in which eligible voters shall indicate both a first and second choice. The ballot paper will be valid if only one choice is selected. The candidate who receives more than half the total valid ballots cast as the first choice, shall be declared the elected leader of the Association. If no candidate obtains more than half the total valid ballots as first choice, the candidate who receives the lowest number of first choice votes shall be eliminated. The second choices of those who voted for the eliminated candidate shall be transferred to the other two candidates and counted in order to determine the winner.
(ii)
(iii)
(iv)
(v)
14
13.
LEADERSHIP REVIEW
At the second Annual General Meeting of the Association following a Provincial General Election where the Party forms the Government or at the first Annual General Meeting of the Association following a Provincial General Election where the Party does not form the Government, a secret ballot on leadership review shall be held with the following Delegates entitled to vote: (a) (b) The Executive Committee of the Association. Fifteen (15) Delegates from each Provincial Constituency Association. Twenty (20) Delegates appointed by the Progressive Conservative Youth of Alberta, and two (2) Delegates from every Alberta provincial government accredited post-secondary education institution on which a Provincial Conservative campus association exists, provided there shall be no more than twenty (20) post-secondary campus Associations for this purpose, unless otherwise approved by the Executive Committee of the Progressive Conservative Association of Alberta. In the event of a dispute, the Executive Committee shall determine what is a recognized association for this purpose and the decision shall be final. All Conservative Party of Canada Members of Parliament representing Alberta Constituencies. All Progressive Conservative Members of the Legislative Assembly of Alberta. The most recently nominated Progressive Conservative candidates for Alberta Provincial elections. Former Progressive Conservative Members of the Legislative Assembly of Alberta. Past Presidents of the Progressive Conservative Association of Alberta.
(c)
(d)
(e)
(f)
(g)
(h)
15
(i)
Members of the Alberta P.C. Fund Committee not to exceed fifteen (15) from Northern Alberta, and fifteen (15) from Southern Alberta and all regional fund-raising chairmen not to exceed five (5). These delegates will be chosen by the Officers in consultation with the Vice President of Finance. Fifteen (15) members of the Provincial Campaign Committee as determined by the Officers.
(j)
Each delegate shall vote only once, irrespective of the number of offices held by such delegate. The Ballot shall contain the question: Do you wish a Provincial Leadership Election to be called? If a majority of ballots are answered in the affirmative, the Executive Committee shall forthwith proceed to call such Provincial Leadership Election.
14. (a)
CONSTITUENCY ASSOCIATIONS For the purpose of this Constitution, a Constituency Association shall be defined as the association which existed on the date of the most recent general election preceding the scheduled date of the General Meeting, Annual General Meeting or Provincial Leadership Election, as the case may be. Nomination of Candidates (i) A nomination meeting shall be held by each Provincial Constituency Association to select its candidate for the next provincial election. The period of time when nomination meetings shall be held will be determined by the Leader and the Executive Committee.
(b)
(ii)
(iii) To be eligible to vote at a nomination meeting of a Provincial Constituency Association, a person must be a 16
Canadian citizen; of the full age of 16 years; ordinarily resident in the Provincial Constituency and a member of a Provincial Progressive Conservative Association. (iv) Reasonable public notice of the time, date and location of each nomination meeting shall be given by each Provincial Constituency Association, and the nomination process must be fair, open and democratic. (v) A person seeking to contest a nomination is not required to reside in the Provincial Constituency.
(vi) A candidate who has been duly nominated shall be approved by the Leader and the Executive Committee and officially endorsed as a candidate of the Association if such approval is in the best interests of the Association. (c) Dispute Resolution Any dispute or other matter in question between candidates for nomination for a Provincial Constituency, or in respect of the nomination process arising under, out of, in connection with, or in relation to the nomination of a candidate or a candidates qualification or disqualification before or after nomination, shall be resolved pursuant to the following process: (i) The dispute or matter shall be submitted to the chairperson of the Provincial Constituency Associations Nomination Committee (the Nomination Committee) for a ruling, who immediately shall call a meeting of the Nomination Committee to rule on the dispute or matter. Such ruling shall be
17
rendered by the Nomination Committee within seventy-two (72) hours of submission to the chairperson of the Nomination Committee. (ii) If the Nomination Committee is unable or fails to make a ruling within seventy-two (72) hours, or if either party to the dispute disagrees with the ruling of the Nomination Committee, the dispute may be immediately submitted to arbitration for determination pursuant to the provisions of the Arbitration Act of Alberta, R.S.A. 2000, c.A-43, pursuant to the following procedures: a. The Nomination Committee or one of the disputing parties shall immediately after ruling by the Nomination Committee or expiry of the 72-hour period without a ruling having occurred notify the President of the Progressive Conservative Association of Alberta of the dispute or disagreement. b. If a ruling by the Nomination Committee has issued but none of the disputing parties notify the President within 48 hours of the Nomination Committee ruling being provided to the disputing parties, the Nomination Committee ruling shall be final and binding on the disputing parties and the Nomination Committee. c. The President of the Progressive Conservative Association of Alberta and in his or her absence the Vice President Organization shall, as soon as possible after being notified of the dispute,
18
appoint a single arbitrator to decide the dispute. d. The arbitrator shall not be a member of the Nomination Committee or the Provincial Constituency Association from which the dispute originates; but shall be a member in good standing of the Progressive Conservative Association of Alberta. e. Upon his or her selection, the arbitrator shall contact the disputing parties and shall advise them of his or her appointment and request submissions in writing from the parties within seventy-two (72) hours. f. The submissions in writing shall be in a form satisfactory to the arbitrator and shall include summaries of the relevant facts and argument.
g. The arbitrator shall not be bound by formal rules of evidence or procedure and may accept submissions of fact and arguments in a manner deemed by the arbitrator to be reasonable and appropriate in the circumstances. The arbitrator will have power to determine the dispute, whatever its nature, including determining questions of meaning, intent and reasonableness of nomination rules themselves and their compliance with the constitution of the Progressive Conservative Association of Alberta, and the power to direct changes to the nomination rules.
19
h. Upon receipt of facts and argument, the arbitrator may request further submissions if deemed appropriate. i. When the arbitrator has received submissions of fact and argument deemed sufficient by him or her, the arbitrator shall so advise the parties and shall deliver a decision in writing determining the dispute within one (1) week of so advising the parties, which decision shall be final and binding on the disputing parties, the Nomination Committee and the Provincial Constituency Association. All fees and costs of the arbitration shall be in the discretion of the arbitrator. The arbitrator may in his or her discretion direct that a portion of such fees and costs be paid by the Progressive Conservative Association of Alberta in circumstances in which the Progressive Conservative Association of Alberta has elected to make submissions to the arbitrator.
j.
k. The arbitrator may at his or her option require that security be posted in respect of payment for fees and disbursements. l. The candidates for nomination upon filing nomination papers will be deemed to have agreed, and the Nomination Committee and the Provincial Constituency Association, on appointment of the Nomination Committee, will
20
be deemed to have agreed, that all disputes and matters will be determined by the foregoing process; and that such process is accepted in lieu of, and no recourse shall be available to, the Courts for or in respect of any such dispute or matter. m. The arbitration proceeding, including submissions to the arbitrator and the decision of the arbitrator, shall remain confidential to the participants and shall not be disclosed to anyone other than the participants, the Nomination Committee, the Provincial Constituency Association and the Progressive Conservative Association of Alberta, except as required by law. (d) Notwithstanding the provisions of this section, where an Electoral Boundary Commission has been established and has submitted a report to the Speaker of the Legislature, the Executive Committee may authorize nomination meetings to be conducted on the basis of electoral boundaries other than the electoral boundaries which existed on the date of the most recent general election. The Constitution of a Constituency Association and any Rules and By-Laws enacted pursuant thereto shall be consistent with this Constitution. In the case of any inconsistency, this Constitution shall prevail. Without limiting other provisions of this Section 14, nomination rules for Constituency Association nominations must be substantially in the form of the model nomination rules attached to this Constitution as Schedule A.
(e)
(f)
21
(g)
The Constituency Association is responsible for its own operations, costs and expenses including without limitation costs and expenses incurred in respect of nominations of candidates for the constituency; and nothing herein shall impose (nor shall there be) any liability or obligation upon the Progressive Conservative Association of Alberta to pay or contribute to costs or expenses of the Constituency Association. The Constituency Association has no right or authority to bind the Progressive Conservative Association of Alberta to any contract or other obligation. The Constituency Association must complete all filings and reports required to be made by constituency associations with the Chief Electoral Office under the Elections Act and the Election Finances and Contributions Disclosure Act. AMENDMENTS
15.
This Constitution may be amended at a General Meeting by a simple majority vote at a General Meeting if Notice of Motion in writing of the proposed amendments has been forwarded to the Secretary of the Association at least sixty (60) days before the said meeting is held. Upon receipt of any such Notice of Motion, the Secretary shall be responsible for forthwith notifying the membership of the Association of the proposed amendment. 16. (a) COMING INTO EFFECT OF THIS CONSTITUTION This Constitution shall come into effect upon being adopted by an Annual Meeting of the Association. Amendments to this Constitution shall come into effect at the close of the Annual Meeting of the Association at which the amendments are adopted.
(b)
Certified as a true copy of the Constitution of the Progressive Conservative Association of Alberta as amended November 7, 2009. This document UPDATES AND REPLACES the constitution revised and adopted October 4, 2008. *SIGNED
ORIGINAL ON FILE
*SIGNED
ORIGINAL ON FILE
William E. Smith (PRESIDENT) 22
Courtney Day (SECRETARY)

SCHEDULE A LOCAL CONSTITUENCY PROGRESSIVE CONSERVATIVE ASSOCIATION NOMINATION RULES ROLE: The LOCAL CONSTITUENCY Progressive Conservative Association, as founded on________________________, is responsible to its membership to provide the rules and procedures by which the Association's Candidate will be selected to run for the office of member of the Legislative Assembly from LOCAL CONSTITUENCY. The Constituency Association has authorized its Executive Committee to establish a Nomination Committee to give effect to such responsibility. NOMINATION COMMITTEE ROLE: The Nomination Committee is responsible to the Executive Committee and through it to the members to provide the policies, rules and procedures whereby a member of the Progressive Conservative Association of Alberta (PCAA) is nominated as a candidate for election as the Member of the Legislative Assembly for LOCAL CONSTITUENCY. The Nomination Committee shall: 1. Create a process that is open, fair and democratic as required by the Constitution of the PCAA. Provide a method to monitor and assess all aspects of the process and to authorize those to whom functions have been assigned to take such action as may be required.
2.
RULES OF PROCEDURE NOMINATION COMMITTEE As part of its role and responsibility the Nomination Committee will approve the following procedures: 1. Provide for reasonable public notice to members and the general public of the nomination process in accordance with the Constitution, including the boundaries of the Constituency, which shall at a minimum include the following:
23
(i)
The public notice shall be placed in local newspaper and shall be of at least 4 1/2 X 3 1/2 in size and of a display type of advertisement so as to provide reasonable notice to the general public; The public notice shall provide for a period of not less than seven (7) days or more than fourteen (14) days between the date of the appearance of the public notice and the close of nominations;
(ii)
(iii) The public notice shall provide for a period of not less than seven (7) days or more than fourteen (14) days from the close of nominations to the date of the nomination election. 2. Appoint a Returning Officer and such other persons to perform such functions as appear to the Committee to be required and necessary. Provide terms and conditions and establish democratic standards by which candidates are to conduct their campaigns. Establish rules under which membership cards and membership lists are made available to the candidates. Be reasonably available to those people who are interested in becoming candidates and to provide to them the information that is required to become a candidate. Be reasonably available to candidates and their agents for the purpose of providing memberships and explaining rules and procedures. Provide nominated candidates with the names of members of the Nomination Committee and their contact information, name of Constituency Association President and contact information, and name of Returning Officer and contact information and details of the North, East, South and West boundaries, including
3.
4.
5.
6.
7.
24
names of communities, where applicable, within the Constituency boundaries and a current membership list when nomination papers are filed. 8. Establish the procedure for the conduct of the voting process, and ballot counting and accountability of those participating in the process. Promote consensus with all candidates and provide them with such rules and guidelines as are approved.
9.
10. Design and approve the form of the ballot with approval of the Returning Officer (see #12 Returning Officer) taking into consideration the following: i) nominated candidates shall be listed on the ballots by surname, followed by first name in the order drawn by lot; and, ballots to carry unique security features to reduce the opportunity for duplication.
ii)
11. Prepare ballots and have them available for voting day. 12. Establish rules and procedures so as to ensure the security of ballots before, during and after the vote in consultation with the Returning Officer, taking into consideration that: i) ballots be under control of Nomination Committee or Returning Officer at all times; and all ballots shall at a minimum be initialled by a member of the Nomination Committee or Returning Officer.
ii)
13. Arrange for ballot boxes. 14. Make available opportunities for candidates to meet with the membership as may be reasonable and appropriate.
25
15. Communication Protocol shall be as follows: i) communications with the Nomination Committee shall be through the Chair or his/her designate as identified by the Chair; communications with the nominated candidates shall be through the candidate or his/her appointed agent; communications relating to voting and election procedure at the Nomination Meeting shall be through the Returning Officer; final results of the Nomination Meeting shall be communicated by the President of LOCAL CONSTITUENCY Progressive Conservative Association; communication with media relating to nomination process or relating to Nomination Meeting shall be the responsibility of the chair of the Nomination Committee; communications with the media relating to specific campaign of nominated candidate shall be the responsibility of nominated candidate or appointment agent;
ii)
iii)
iv)
v)
vi)
vii) no signs, brochures or other advertisement promoting a nominated candidate shall be permitted in the venue for Nomination Meeting or within 50 metres of the entrance to the venue. At no time shall any promotion of a nominated candidate impede or intimidate the access of participants to the Nomination Meeting. 16. Make further rules and directives, as required, to deal 26
with situations and circumstances that have not been foreseen and occur during the process. CANDIDATES SHALL: 1. Conduct themselves and their campaign and shall direct their campaign team in a manner that will bring credit to themselves, to the Progressive Conservative Association of LOCAL CONSTITUENCY, and the Progressive Conservative Association of Alberta. Abide by the terms and conditions of the prescribed Nomination Rules for the conduct of the candidate nomination process. Assume responsibility for the actions and conduct of their campaign team. Assume responsibility to insure their agents have filed all documents including the Candidates Nomination Form and the non-refundable deposit to the chair of the Nomination Committee prior to the close of nominations. Late filing or non-sufficient funds at time of redemption of non-refundable deposit shall disqualify a person from being a candidate. Agree that with respect to the conduct of the voting and counting, the decision of the Returning Officer on any disputed matter is final. Sign a pledge of support for the successful candidate. Sign Form G hereto the Nomination Process Support or File for Arbitration Form relating to the conduct of the nomination process prior to the announcement of the final voting results.
2.
3.
4.
5.
6. 7.
CANDIDATE ELIGIBILITY: 1. A candidate must be a current member of the Progressive Conservative Association of Alberta. A candidate must be eligible under the Election Act. The candidate must:
2.
27
Be a Canadian citizen; Be at least eighteen (18) years of age; Have been continuously resident in Alberta for six (6) months; and Provide evidence of eligibility satisfactory to the Nominating Committee.
3.
A candidate shall be nominated by submitting nomination papers (Form B Nominations Form) signed by a minimum of 25 current members of the Progressive Conservative Association of LOCAL CONSTITUENCY who are eligible to vote in the nomination, to the Nomination Committee Chair or designate before the filing deadline of ______________________ together with a non-refundable deposit in an amount set by the Association. The non-refundable deposit shall be an amount not exceeding $500.00 so as not to deter candidates wishing to become a nominated candidate. To be eligible as a candidate, the candidate must sign his or her acceptance of these Nomination Rules (Form C Candidates Acceptance of all Nomination Rules) when filing his or her nomination papers. When filing nomination papers, each candidate shall, in writing, appoint one person to act as that candidate's agent, who must be a member of the PCAA, (Form D Candidate Appointment of Agent). Such agent shall, on behalf of the candidate, obtain memberships for sale as is hereinafter provided for and shall also represent the candidate at any meetings of the Nomination Committee to which the candidate is invited. Documents delivered to the Agent shall be taken as delivered to the candidate. Notices and documents may be delivered personally or by facsimile transmission to the Nomination Committee Chair or designate. Upon submission of Form B and following the confirmation that persons signing this form are
4.
5.
6.
7.
28
members of the Progressive Conservative Association of the LOCAL CONSTITUENCY and the submission of Forms C and D and payment of non-refundable deposit, the candidate shall be issued a current list of members of the Association. 8. Any candidate wishing to withdraw prior to the beginning of balloting may do so by written submission to the Nomination Committee Chair or to the Returning Officer. A candidate cannot withdraw with the request that the candidate's votes be assigned to another candidate (Form E Candidate Withdrawal). Where the Nomination Committee deems that a candidate is in substantial breach of any of these Nomination Rules, the Nomination Committee has the authority to disqualify that candidate from continuing to seek the nomination.
9.
10. To be eligible as a candidate, a candidate must agree to the submission of any dispute or other matter in question between candidates for nomination or in respect of the nomination process arising under, or in connection with, or in relation to the nomination of a candidate or a candidates qualifications, or disqualification before or after the nomination to arbitration pursuant to the Constitution of the PCAA by signing Form F - Submission to Arbitration. 11. The Nomination Committee shall submit any dispute or matter relating to the nomination process to arbitration pursuant to the process set out in the Constitution of the PCAA and that such process is accepted in lieu of, and no recourse shall be available to, the Courts for or in respect of any such dispute or matter. RETURNING OFFICER: The Returning Officer will: 1. ensure that there is supervision of all activities at and around the polling place on nomination vote day(s);
29
2.
attend to registration and determine the eligibility of all voters and resolve any other dispute that may arise; ensure the balloting is carried on in accordance with the rules; maintain the integrity of the ballots and voter registration and eligibility procedures; provide security for the ballot boxes; ensure supervision of the ballot counting and ensure counting procedures are in accordance with these rules; establish an appeals desk for unresolved challenges; ensure that all voters, volunteers and officials fulfil the requirements of these Nomination Rules; make any required decisions with respect to the conduct of the voting and counting; and
3.
4.
5. 6.
7. 8.
9.
10. appoint deputy returning officers as required and assign their responsibilities. 11. direct and approve the number and location of scrutineers and supervise the actions of scrutineers as required. 12. approve the form of the ballot. 13. supervise the security of ballots before, during and after the vote. VOTER ELIGIBILITY: As defined in the Constitution of the Progressive Conservative Association of Alberta an eligible voter shall be: 30 a Canadian citizen; of the full age of 16 years; ordinarily resident in the LOCAL CONSTITUENCY; and
a member of the Progressive Conservative Association of Alberta.
Voters must produce: 1. A current membership card in the Progressive Conservative Association of Alberta: membership card shall not bear any candidate identification.
2.
Must produce two pieces of identification, one of which should be a photo I.D., indicating residency within the constituency satisfactory to the Returning Officer such as: drivers licence passport utility or phone bill automobile or insurance pink card Alberta health card social insurance card union card student card
3.
Voters whose eligibility as Canadian citizens is challenged will be required to show evidence of Canadian citizenship such as: citizenship card birth certificate passport
4.
If challenged, proof of age.
31
BALLOTS: 1. Only persons who are eligible to vote and have current valid PCAA memberships and have had their credentials verified shall be entitled to obtain a ballot. Candidates names shall be listed on the ballots by surname, followed by first name, the order to be drawn by lot, or written in on a blank ballot in order of preference. The voter's membership card shall be marked to indicate receipt of a ballot at the time the ballot is delivered to the voter. The voter shall deposit his or her own ballot in the ballot box. No voter shall deposit more than one ballot. If there are three (3) or more candidates the ballots shall be marked in a preferential manner, numbering the candidates in order of preference, 1 being the first choice. A ballot shall not be invalid by reason only of its showing one choice or clearly designated preference for less than the full slate of candidates. Ballot counting will be under the direction of the Returning Officer in a room designated for this purpose. The Returning Officer will determine the persons who shall count the ballots. Each candidate shall be entitled to have scrutineer(s) in the counting room as determined by the Returning Officer. Scrutineers shall not communicate results. Communication devices will not be permitted in the counting area. When counting the ballots for three (3) or more candidates, the first count is a simple separation into piles of first (1st) choice; the candidate receiving the fewest first choice votes will be dropped and the second (2nd) choice votes of dropped candidate's ballots will be counted and allocated to the remaining candidates. If
2.
3.
4.
5. 6.
7.
8.
9.
32
no candidate has a 50% +1 vote following this allocation the candidate with the fewest votes will be dropped and that candidate's ballots will be allocated among the remaining candidates according to the highest preference indicated. This process is repeated until a winner is declared with 50% +1 of the votes of the ballots remaining. The President of the Association shall vote if necessary to break the tie. 10. Upon the Returning Officer being satisfied with the count, the results will be announced by the President of the Association. 11. The Decision of the Returning Officer in administering the rules relating to the balloting is final. SCRUTINEERS: Each candidate is allowed to have scrutineers (number to be determined by the Returning Officer) at the credentials tables and in the counting room but they must not interfere. If a scrutineer determines a need to challenge they must do it through the Returning Officer. Any interference or non-compliance will be cause for the Returning Officer to eject the scrutineer. MEMBERSHIP SALES AND MEMBERSHIP LISTS: 1. Since the nominators must be members of the Progressive Conservative Association of LOCAL CONSTITUENCY, a prospective candidate may purchase from the Nomination Chairman up to 100 membership books provided that, when doing so, a signed declaration of intention to seek nomination is filed with the Nomination Chairman and the Memberships are paid for. (Form A) Distribution of membership cards to candidates shall be through the Nomination Committee. Once a candidate has filed nomination papers and has otherwise complied with these Nomination Rules as set forth herein, the candidate shall be entitled to obtain membership cards for sale in the following manner.
2.
33
3.
The candidate or his/her agent may purchase blank memberships, in books of 5, from the Nomination Committee. The purchase price will be calculated at the current membership fee per blank membership to be paid in advance by cash or certified cheque. The membership stubs must be fully completed, name, address, phone number, email address and status (youth or regular) for the person to whom the membership card was issued. The candidate or agent should turn over to the Nomination Committee, all sold memberships and all unsold memberships at a date set by the nomination committee Any unsold or voided membership cards will be refunded at the current membership fee per card. Memberships will continue to be sold up until the time of the closing of the ballot boxes by the LOCAL CONSTITUENCY at the Nomination meeting.
4.
5.
6.
7.
34
FORM A DECLARATION OF INTENTION TO BECOME A CANDIDATE I, _____________________________________________, hereby declare my intention to seek the nomination for the Progressive Conservative Association of LOCAL CONSTITUENCY. DATED this _____ day of ________________, 20_____.
______________________________________________ Signature
______________________________________________ (Print name)
______________________________________________ Address
______________________________________________ Business phone
______________________________________________ Residence phone
______________________________________________ Fax
______________________________________________ E-mail:
35
FORM B NOMINATION FORM We, the undersigned, each of whom declare that he/she is a current member in good standing of the Progressive Conservative Association of Alberta, is a citizen of Canada and resides within the boundaries of the LOCAL CONSTITUENCY Constituency, hereby nominate (candidate), who is seeking the Association nomination as its candidate in the next Provincial Election. Name, Address & Postal Code Membership# Signature
(Please Print)
1._______________________________
______________
__________
2._______________________________
______________
__________
3._______________________________
______________
__________
4._______________________________
______________
__________
5._______________________________
______________
__________
[Sufficient pages should be attached for 25 signatures]
36
FORM C CANDIDATES ACCEPTANCE OF ALL NOMINATION RULES I, the undersigned, agree to let my name stand as candidate for the Progressive Conservative Association of LOCAL CONSTITUENCY. I acknowledge receipt of the foregoing Nomination Rules, I have read them and understand them, including the counting procedures described under the heading Ballots. I agree that I will: - Abide by the said Nomination Rules; - Abide by the results of the nomination process; - Abide by the rulings and decisions of the Returning Officer; - Support without reservation the successful nominee; - Appear on stage with all other Nominees at the time the winner is announced and support the motion that the decision of the vote be made unanimous and the ballots including all voting and membership lists as it pertains to the nomination, be destroyed. __________________________ Witness __________________________ Nominee __________________________ Address __________________________ Date __________________________ Business Phone __________________________ Residence Phone __________________________ Fax __________________________ E-mail
37
FORM D CANDIDATE APPOINTMENT OF AGENT I,_____________________________________________,, a candidate for nomination to represent the Progressive Conservative Association of LOCAL CONSTITUENCY in the next Provincial election, hereby appoint ___________________________________ of ___________________________________(address) ___________________________________(business phone) ___________________________________(residence phone) ___________________________________(fax) ___________________________________(e-mail) to act as my Agent in accordance with the Nomination Rules issued by the Nomination Committee of the Progressive Conservative Association of LOCAL CONSTITUENCY. DATED this ____ day of ___________________, 20_____. I, ___________________________________, accept my appointment by ________________________________________to act as his/her Agent.
38
FORM E CANDIDATE WITHDRAWAL I, ________________________________________, a candidate for nomination for the Progressive Conservative Association of LOCAL CONSTITUENCY, hereby voluntarily withdraw my name from consideration for nomination in the said constituency. DATED at _________o'clock this _____ day of ________, 20_____.
____________________________ Witness
__________________________ Signature
____________________________ Returning Officer
39
FORM F SUBMISSION TO ARBITRATION I, ________________________________________, a candidate for nomination for the Progressive Conservative Association of LOCAL CONSTITUENCY, hereby agree that any dispute or other matter in question between candidates for nomination for the Progressive Conservative Association of LOCAL CONSTITUENCY or in respect of the nomination process arising under, out of, in connection with, or in relation to the nomination of a candidate or a candidates qualification or disqualification before or after nomination shall be resolved pursuant to the Arbitration process provided under the Constitution of the Progressive Conservative Association of Alberta, and that such process is accepted in lieu of, and no recourse shall be available to the Courts, for or in respect of any such dispute or matter.
DATED at _________o'clock this _____ day of ________, 20_____.
____________________________ Witness
__________________________ Signature
40
FORM G NOMINATION PROCESS SUPPORT or FILE FOR ARBITRATION FORM I, ________________________________________, the candidate seeking the nomination of the Progressive Conservative Association of LOCAL CONSTITUENCY am satisfied the nomination held on (DATE) was conducted in accordance with the Constitution of the PCAA and the Constitution of the Progressive Conservative Association of LOCAL CONSTITUENCY was a fair and democratic process. ____________________________ Candidate __________________________ Signature
____________________________ Agent
__________________________ Signature
FILE FOR ARBITRATION I, ________________________________________, the candidate seeking the nomination of the Progressive Conservative Association of LOCAL CONSTITUENCY am not satisfied the nomination held on (DATE) was conducted in accordance with the Constitution of the PCAA or the Constitution of the Progressive Conservative Association of LOCAL CONSTITUENCY for the following reason(s): _____________________________________________________________ _____________________________________________________________ and am requesting this matter to be submitted to arbitration. ____________________________ Candidate __________________________ Signature
____________________________ Agent
__________________________ Signature 41
EXPLANATORY NOTES: The following explanatory notes were adopted by the Executive Committee of the Association at its meeting held on May 25, 2002. Clause (p) was added by a general meeting resolution passed November 7, 2009. The 2002 Explanatory Notes were intended to assist members in interpreting certain terms, which appear in the Constitution, by setting out how the Executive Committee interprets them. These notes do not form part of the Constitution. The Executive Committee interprets the following terms as having the following meanings: (a) Association means the Progressive Conservative Association of Alberta (also known as PCAA andPC Alberta). The Association is a registered political party under Alberta election laws. Caucus means the Progressive Conservative Members of the Legislative Assembly of Alberta. Chairman means the person who chairs a meeting or committee. Constituency Association means a provincial Progressive Conservative Constituency Association that is registered with the Chief Electoral Officer, and operates within an electoral district. Constituency generally refers to provincial constituencies except where the context plainly intends reference to federal constituencies. "Constitution" means the constitution of the Association as amended from time to time, which contains fundamental governing principles. Delegate means a member entitled to vote at meetings of the Association. Executive Committee means the Leader or Acting Leader, the immediate Past President, the Officers, and the Regional Directors of the Association. The primary role of the Executive
(b)
(c)
(d)
(e)
(f)
(g)
42
Committee is to support the members of the Association in their efforts to achieve the objects of the Constitution. (h) Leader means the person chosen by the members of the Association to be responsible for the overall direction of the Association. Nothing in the Constitution purports to bind the Leader in the capacity of Parliamentary Leader of the Caucus. Legislature means the Legislative Assembly of Alberta. President means the President of the Association. The President will establish the agendas and preside at all meetings of the Association to include the Annual General Meeting, General Meetings, and Executive Committee Meetings. The President will decide all questions of order, announce the results of all votes and give the casting vote in the case of a tie at all meetings of the Association. The President must be a member of the Annual General Meeting Committee, the Policy Conference Committee, and the Provincial Election Campaign Committee. The President, along with the Provincial Executive Committee, approves the appointment of a standing committee, sub-committee, or an adhoc committee. The President works with the Executive Committee and the Executive Director to achieve the objects of the Association. The Vice President Finance South, Vice President Finance North, Budget Director and Treasurer comprise the Finance Group which is a standing committee of the Association. Members of the Association elect the Treasurer. The Executive Committee in consultation with the Leader appoints the Vice Presidents and the Budget Director. The Finance Group is
(i)
(j)
(k)
43
accountable to the Leader. The Finance Group receives funds and manages the assets of the Association in accordance with the Election Finances and Contributions Disclosure Act. (l) The five Vice Presidents, one from Calgary, one from Edmonton, one from Southern Alberta, one from Northern Alberta, and one from Central Alberta, serve as the liaison between the Executive Committee and Regional Directors and Constituency Association Presidents within their geographic region.
(m) Vice President Organization is usually the Executive Director of the Association, whose duty it is to achieve the objects of the Association and to oversee its operation in accordance with the Constitution, the Election Finances and Contributions Disclosure Act, the Election Act, and the policies of the Executive Committee which is chaired by the President. The Executive Director is appointed by and accountable to the Leader. The Vice President Organization is appointed by the Executive Committee. The two offices may be held by the same person. (n) Regional Directors serve as the liaison between the Vice Presidents, the Executive Committee, and the Constituency Association Presidents within their Region. Youth means any member of the Association as defined according to the Constitution of the Progressive Conservative Youth of Alberta (also known as PCYA). Policy Steering Committee
(o)
(p)
1. Responsibilities of the Province-wide Policy Steering Committee a) Facilitate the promotion and maintenance of an ongoing policy development process for the Association 44
insuring that the policy process shall, at all times, be accountable to the Associations members; b) Facilitating, nurturing and supporting Policy discussions within the Association that will serve as a resource to the Association, the Leader and the Provincial Caucus; c) Serving as a means of ongoing communication among Association members, constituency associations, the Executive Committee, the Leader and provincial caucus on Policy issues and matters through use of modern communication and consultation methods, programs or technologies; and d) Encouraging the Party leader and Provincial Caucus to give due consideration to approved Association policy when developing the party election platform and in the ongoing discussion, communication and management of Policy issues. 2. Membership of Policy Steering Committee The membership of the Policy Steering Committee shall include at least 2 (two) representatives from each of: provincial caucus, PC Alberta executive or campaign committee, constituency association presidents, constituency association VPs policy, 2 PC youth, and issue experts on specific policy matters as deemed appropriate by the VP Policy and Resolutions. 3. Creation and reporting of Ad Hoc or Sub-committees The Policy Steering Committee may create various ad-hoc or sub-committees to focus on specific issue areas (example: party principles, rural issues, infrastructure, education, health, etc.). Each committee struck would report to the VP Policy and operate under specific terms of reference. These committees would also report back to the Policy Steering Committee consistent with their terms of reference. These committees, if so directed, may hold meetings
45
(and/or using other means including Intranet, email, etc.) across the province to discuss and seek input from Association members. The Policy Steering Committee may also appoint issue experts on an as-needed basis to the ad-hoc or sub-committees. 4. Reporting by the Policy Steering Committee The VP Policy shall continue to report to and present monthly reports to the Executive Committee on policy actions, committee activities, agenda and initiatives. The Policy Steering Committee shall also present reports to the membership at least twice per year and to each Annual General Meeting and/or Policy Conference. More frequent communication and reporting to constituencies via constituencies VPs Policy or the constituencies VP Policies intranet may occur as determined necessary. Ad-hoc reports may also be presented by the VP Policy or the Policy Steering Committee as necessary. 5. Policy Communication The Policy Steering Committee will have input into the Associations website disclosure and communications on policy and will co-ordinate overlapping matters with PC Alberta Vice President Policy and Resolutions relating to resolutions at the Annual General Meeting and the Annual Policy Conference. 6.Chair of Policy Steering Committee The Chair of the Policy Steering Committee will be the Associations VP Policy and Resolutions. The Chair shall be responsible for ensuring the Policy Steering Committee and any ad-hoc or sub-committees carry out their responsibilities on an ongoing basis.
46
CONTACT INFORMATION: PROGRESSIVE CONSERVATIVE ASSOCIATION OF ALBERTA Edmonton (Head) Office Main Floor, 9825-103 Street NW Edmonton, Alberta T5K 2M3 Phone: (780) 423-1624 Fax: (780) 423-1634 Toll Free 1-800-461-4443 email: altapc@albertapc.ab.ca website: www.albertapc.ab.ca
Calgary (South) Office 340 999 - 8 Street SW Calgary, Alberta T2R 1J5 Phone: (403) 244-8528 Fax: (403) 228-1915 Toll Free 1-800-263-3408
47
48

Progressive Conservative Association of Alberta Constitution

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Progressive Conservative Association of Alberta Constitution

Diunggah oleh

Hak Cipta:

Format Tersedia

Amended November 7, 2009

Amended Nov 7, 2009