Bylaw XVI of the Manitoba Teachers’ Society requires that all resolutions proposing to amend the bylaws be published along with the Notice of Call for the Annual General Meeting. Following are the bylaw resolutions to be taken to the 2010 Annual General Meeting:
The following Constitution and Bylaw Resolutions have been received from Local Associations and Provincial Executive:
Constitution Amendment
RESOLUTION B1 – RIVER EAST TRANSCONA
BE IT RESOLVED that the Society request the Minister of Education to introduce legislation to amend Section 13(7) (page 6) of The Manitoba Teachers’ Society Constitution to read as follows:
13(7) Each division association shall, elect from its membership two (2) representatives for the first 50 members and one representative for each additional 50 members of the division association,to be its representatives on the provincial council; but if the number of members of the division association when divided by fifty leaves a remainder of twenty six or more the…
Rationale: This will allow all members of the Manitoba Teachers’ Society to have more equal representation on the provincial council, and hence equal voting rights. Given the negative trends in student enrollment throughout the province and the fact associations continue to lose representatives on provincial council, a strong representation must be maintained at provincial council given the gravity and importance of the decisions made at AGM. Example: At present an association with 25 members and an association with 125 members both have two voting delegates at the AGM – this is not equitable.
Bylaw Resolutions
RESOLUTION B2 – BRANDON
BE IT RESOLVED that Bylaw III. B. (pages 11 – 14) be deleted with subsequent renumbering.
BE IT FURTHER RESOLVED that Bylaw III. C. 1. be amended as follows:
C. Nomination and Election of President, Vice-President, and Members-at-Large of Provincial Executive
1. Voting Constituency and Terms of Office
(a) Elections for president, vice-president, and members-at-large shall be held at the Annual General Meeting of Provincial Council.
(b) Only those representatives to the Provincial Council actually present at the time the vote is called shall cast a ballot for president, vice-president and members-at-large.
(c) The vice-president and members-at-large shall be elected for two-year renewable terms.
(d) The president shall be elected for a two-year term and shall be eligible for re-election for one additional term. Where a President does not seek re-election or is not re-elected, the president shall serve one additional year as past president.
BE IT FURTHER RESOLVED that Bylaw III. C. 2 (a) and (b) (page 14) be amended to read:
2. Nominations
(a) Nominations for president,vice-president, and members at large will be accepted … etc.
(b) Nominations for president, vice-president and members-at-large will also be accepted … etc.
Rationale: Candidates wishing to pursue the office of President will have an equal opportunity to make an impression on the same delegates over the same time period. The AGM delegates have an opportunity to become informed about the qualities of the candidates, and are selected by their locals to make important decisions. Choosing our President is an important decision and AGM delegates can do so after having direct contact with them, rather than the indirect contact that is common in a province-wide election.
RESOLUTION B3 – PROVINCIAL EXECUTIVE
BE IT RESOLVED that Bylaw III. B. 2., 3., and 4. (page 11) be amended to read:
III. NOMINATIONS AND ELECTIONS
B. Nomination and Election of the President
2. Nominations
(a) The Chief Returning Officer shall cause a notice to be sent to all local associations and schools not later than one hundred and forty (140) calendar days prior to the day fixed for the election, which notice shall set out the date of the election, call for nominations and establish the date and time nominations must be received in writing by the Chief Returning Officer.
(b) Subject to section 1(a) and (b), an active or associate member in good standing may be nominated for president as long as that member’s nomination is supported by the signatures of at least twenty-five (25) active or associate members in good standing. Each member nominated who wishes to accept the nomination must do so in writing.
(c) All nominations and acceptances must be received by the Chief Returning Officer no later than eighty (80) calendar days prior to the date of election. Upon receipt of the proper documentation the Chief Returning Officer shall send an acknowledgement of receipt to the member nominated.
3. Chief Returning Officer
The Chief Returning Officer shall:
(a) conduct the election in accordance with the Bylaws and policies of the Society;
(b) appoint deputy returning officers and other officials as required;
(c) notify association presidents of a candidate’s nomination as soon as the nomination is received and accepted;
(d) provide candidates with the election schedule as soon as the nomination is received and accepted;
(e) provide ballots to members in good standing in accordance with Bylaw III. 4;
(f) subject to the appeal process, interpret and apply this Bylaw;
(g) recount ballots if a tie occurs and if votes are still tied following the recount, immediately call a run-off election pursuant to Article B.6;
(h) declare elected the candidate receiving the largest number of votes;
(i) report the election results to the Annual General Meeting of Provincial Council in the year in which an election is held. The report of the Chief Returning Officer may also include matters relating to the application and operation of this Bylaw and related policies of the Society.
[DELETE 4. Specific Election Procedures]
Rationale: This resolution is intended to change the Presidential election from a mail-in ballot system per the presidential election in 2009 to allow for voting at schools and other teacher worksites to enable all members easier accessibility to ballots per the presidential election in 2007.
RESOLUTION B4 – RIVER EAST TRANSCONA - BRANDON
BE IT RESOLVED that Bylaw III. C. 1. (page 14) be amended to read:
III. Nominations and Elections
C. Nominations and Election of Vice-President and Members-at-Large of Provincial Executive.
1. Voting Constituency and Terms of Office
(c) The vice-president shall be elected for a maximum of two (2) consecutive two-year terms.
(d) Members-at-large of provincial executive shall be elected for a maximum of three (3) consecutive two-year terms.
Rationale: The change to the vice president being elected for two consecutive two-year terms would provide uniformity with the president’s position. The change to limit terms for Provincial Executive is consistent with term limits already in use for other MTS committees and elected positions.
RESOLUTION B5 – LOUIS RIEL
BE IT RESOLVED that Bylaw 111.C. 3. (d) (page 15) be amended to read:
III. Nominations and Elections
C. Nominations and Election of Vice-President and Members-at-Large of Provincial Executive.
3. Election Procedures
d) Each representative voting may vote for the number of candidates s/he chooses to support. Any ballot cast for more than the number of positions to be filled shall be considered spoiled.
Rationale: This represents a more democratic method of electing members to the Provincial Executive because it allows delegates to vote for candidates they feel are capable and qualified for the positions. This process provides transparency and more accurately reflects the will of the voters.
RESOLUTION B6 – BRANDON
BE IT RESOLVED that Bylaw IV (4) (f) (page 15) be amended to read:
IV. OFFICERS AND THEIR DUTIES
(4) The General Secretary shall:
(f) be responsible for the general supervision of the operations of the Society and the delivery of service to members, including coordinating the work of all staff; and the hiring and evaluation of all staff of the Society.
Rationale: This resolution puts hiring of staff fully into the hands of the General Secretary where it should be.
RESOLUTION B7 – PROVINCIAL EXECUTIVE
BE IT RESOLVED that Bylaw IV (4) (f) (page 15) be amended to read:
IV. OFFICERS AND THEIR DUTIES
(4) The General Secretary shall:
(f) be responsible for the general supervision of the operations of the Society and the delivery of services to members, including coordinating the work of all staff; and the hiring, evaluation and dismissal of all staff of the Society exclusive of the senior administrative staff covered by personal services agreements; and
Rationale: This clarifies that the General Secretary is responsible for dismissal of staff as well as the other duties related to coordinating the work of, hiring and evaluation of staff.
RESOLUTION B8 – RIVER EAST TRANSCONA
BE IT RESOLVED that Bylaw V. (7) (page 16) be amended by adding a new (i):
V. Duties of Provincial Executive
(7) The following standing committees, responsible to the Provincial Executive, are hereby established:
(i) Aboriginal Voice and Action Committee
Rationale: That Society is the only provincial teacher organization west of Quebec that does not currently have a standing committee that deals exclusively with Aboriginal educational issues. The Society has struck an Aboriginal Voice and Action ad hoc committee for eight consecutive years, thereby demonstrating the need and the demand for its work and existence. By changing the bylaw, this new standing committee could then plot intermediate and long-term goals and objectives without having to be reconstituted each year and could better implement initiatives and strategies that could better serve both Aboriginal and non-Aboriginal Society members.
RESOLUTION B9 – LOUIS RIEL
BE IT RESOLVED that Bylaw V. (9) (page 16) be amended by adding a new (e) with subsequent renumbering:
V. Duties of Provincial Executive
(9) The Provincial Executive shall:
(e) appoint to any committee and/or task force formed as a result of an AGM resolution brought forth by an Association, a member of that Association, selected from a list of not less than three names provided by that Association;
Current (e) – (r) will become (f) – (s).
Rationale: By appointing a member from the originating Association to a committee and/or task force resulting from a resolution passed at Provincial Council, Provincial Executive ensures that the genesis of the motion will be clearly articulated. The justification or need for a committee and/or task force to investigate a concern began at the local level. Therefore, the discussions from the local represent important contributions and understandings to the conversation at the committee and/or task force level.
RESOLUTION B10 – BRANDON
BE IT RESOLVED that Bylaw XVII (1) (page 26) be amended to read:
(1) Interpretation
“Member” means a Member-at-Large of the Provincial Executive or a registered delegate representing a local association.
Rationale: There was confusion at the last AGM regarding whether alternate delegates could vote during a session or participate in nominations for office, and so on. This will help to clarify that.
