Constitution of the National Careers and Transition Education Association (Aotearoa) Inc

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Constitution of the National Careers and Transition Education Association (Aotearoa) Inc

November2011

1. Name

The name of the Society shall be the Careers and Transition Education Association (Aotearoa) Inc.

1. Purpose

The purpose of the Association shall be to:

 

1. Membership

Membership of the association shall be those who fulfil the following:

Affiliate Membership may be available to any formalised body of persons who has, to the satisfaction of the National Executive Committee, an interest in Careers and Transition Education.

1. Termination of Membership

A person shall cease to be a member:

The member must be given at least twenty-eight days notice in writing of the nature of the charges against her/him and shall be given the opportunity to reply to the charges.

 

1. Life Membership

1. National Executive Committee
2. 1. The Association shall be governed by a committee consisting of:
   2. • President, Secretary, Treasurer (from here known as the Executive Officers) who are elected at the Annual General Meeting, and
      • one elected representative from each region, to be elected at that region's Annual General Meeting.
   3. The Executive Officers where practicable should come from the same region.
   4. Members of this Committee must be full financial members of the association.
   5. The National Executive Committee will:
   6. • Conduct all business of the association and undertake any other functions as may be necessary to further the purposes of the association in accordance with this Constitution.
      • Prepare and file all legal and financial documents and accounts as may be required
      • Facilitate the organisation of the annual conference.
      • Determine any disputes arising out of the interpretation of the Constitution.
   7. The National Executive Committee shall have the power to:

• Appoint agents to manage and control the funds and property of the Association.
• Communicate regularly with members.
• Represent the members in matters related to careers and
• transition education providing they fall within the Constitution and Code of Ethics/Teachers' Ethics

1. Subscription Levies and the Financial Year
2. 1. The financial year shall begin July 1 each year and close on June 30 in each year.
   2. There shall be an annual levy, set at the Annual General Meeting, to be paid by each Regional Association, based on their membership to the National Association. This money will be used for Ordinary Operation Costs and expenses related to meetings of the National Executive Committee and/or the Executive Officers.
   3. The Regional Associations will set an Annual Subscription at their AGM, this money will be held in the region to meet the costs of regional activities.
   4. The Executive Officers may, with the consent of 60% of Respondents, obtained by special ballot, levy a special purpose subscription from all its members.

Includes costs of printing & stationery, postage, office equipment, auditor's fees and secretarial and treasurer's costs.

 

1. General Meetings
2. 1. An Annual General Meeting of the Association shall be held on a date and in a place determined by the National Executive Committee.
   2. A Special General Meeting may be called by the National Executive Committee or on receipt of a requisition signed by no less than fifty members. A special meeting should be held within forty-two days of receipt of the requisition, which must state the purpose of the meeting.
   3. Notice of every Annual or Special General Meeting shall be posted on the Association Web-site, together with the proposed agenda, not less than twenty-one days before the date of the meeting.
   4. Twentyfinancial members shall be a quorum at general meetings.
   5. The business of the Annual General Meeting shall be to:

1. • receive the annual report of the president
   • receive the statement of accounts for the financial year ending the preceding June 30, and the auditor?s report.
   • pass any resolution about such reports or accounts to elected Executive Officers and an auditor.
   • elect the National Executive Officers
   • conduct any general business.Meeting procedures shall be those contained in the Association Procedure Handbook
     
2. National Executive Committee Meetings
3. 1. Meetings shall be held at regular intervals as appropriate. Meetings shall be face to face or teleconference.
   2. The date for each committee meeting shall be set at the previous meeting, with an agenda posted at least fourteen days before the meeting.
   3. As much of the Association's business as is consistent with efficiency shall be conducted by correspondence or by conference call of at least seven members.
   4. A quorum for the meeting, by conference call or face to face, shall be seven members.
   5. Formal resolutions from meetings shall be conveyed to absent committee members within seven days of the meeting.
   6. Meeting procedures shall be those contained in the Association Procedure Handbook/Standing Orders.
      
4. Powers of the National Executive Committee

In all its actions the National Executive Committee is expected to act in the best interests of the Association and its members, and in accordance with the Constitution and Code of Ethics.

The National Executive Committee may:

 

1. Creation Of Vacancies On The National Executive Committee
2. 1. The position held by a National Executive Office bearer and regional representative shall become vacant:
   2. • if such member ceases to be a member of the Association.
      • if such member gives the National Executive Officers notice in writing of his/her resignation.
      • if a regional representative or his/her proxy fails to attend two consecutive meetings of the National Executive Committee to which he/she has been duly summoned and does not notify the National Executive Officers on either occasion of his/her inability to attend.
      • if, at any general meeting of the Association, a resolution is passed to the effect that the member does not possess the confidence of the Association, provided that no such motion shall be moved unless the member has been given twenty-one days notice in writing.
   3. In the event of a National Executive Officer having ceased to be a member, the National Executive Committee shall appoint a replacement.
   4. In the event of a regional representative having ceased to be a member, the Regional Association shall appoint a replacement.
   5. In the event of a National Executive Committee member being unable to attend a National Executive Committee meeting, they may be replaced by a person named by their region (Clause 6.3 must apply). This person will have speaking and voting rights.
3. Election of the National Executive Committee (See also Clause 6.1)
4. 1. All members of the Association shall be eligible for election to all offices.
   2. All members may vote in elections for the National Executive Office bearer positions. All Association members within each region may vote for their regional representatives.
   3. All National Executive Officers of the National Executive Committee shall retire at the end of each Annual General Meeting but shall all be eligible for re-election for a minimum of two, and maximum of 3, consecutive years of office.
   4. The National Executive Office bearers will be regionally based and no region shall provide office bearers for more than three consecutive years.

 

1. Constitution
2. 1. The Association shall keep a copy of the Constitution.
   2. The Constitution shall be available to all members on the Association Web-site.
   3. A copy of the Constitution shall be available for all members for perusal at all meetings of the Association.
   4. This Constitution shall become effective and operate from the Annual General Meeting, November 2011.
   5. The Constitution should be reviewed and updated every five years.

 

1. Amendments to the Constitution
2. 1. The Constitution of the Association shall not be altered, added to or rescinded except at a General Meeting of the Association.
   2. Notice of Motion to alter, add to or rescind the Constitution of the Association shall be given in writing to National Executive Officers not less than forty-two days before the General Meeting to which such motion is to be submitted.
   3. No addition to or alteration of the not profit aims, personal benefit clause or the winding up clause shall be approved without the Inland Revenue Department's consideration.
   4. The provision and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.

 

 

1. Control of Funds
2. 1. The control of the property and funds of the Association shall be in the hands of the National Executive Officers on behalf of the National Executive committee.
   2. The control of the Association Bank Account is to be transferred from the retiring Executive Officers to the new National Executive Officers within four weeks of the appointment of the latter.
   3. Where the financial audit of the Conference exceeds this time, the retiring and newly appointed Executive Officers will ensure an operating budget is available for the new National Executive.
   4. Withdrawals from the Association Account shall be made by any two National Executive Officers of the Association.
   5. Funds paid out of the Association Account by the National Executive Officers for any purpose other than:
   6. • travel to National Executive Hui,
      • expenses related to Executive Hui and
      • Ordinary Operation Costs are to be approved by members of the full National Executive Committee.
   7. The Treasurer shall:
   8. • record income and expenditure.
      • record all monies received stating the source/purpose of funds.
      • separately record the deposit of each of those sums in the Association Account.
      • promptly bank all monies received.
      • retain receipts for all items of expenditure and shall be available for inspection by the Auditor.
      • maintain a separate register to record the receipt of Regional Associations' subscriptions.
   9. The Treasurer shall present to the Annual General Meeting of the Association a properly drawn up statement of income and expenditure for the preceding financial year and a balance sheet at the end of each financial year.
   10. Such statement of accounts and balance sheet shall be audited by the auditor elected by the Association who shall be a qualified accountant who identifies himself/herself in the accepted manner of the profession.
   11. The Association shall have the power to borrow money and give security in any form determined by the National Executive Committee provided that where the amount exceeds $5,000.00 the National Executive Committee shall act only with the consent of the Association obtained by postal/email ballots. Any such borrowing or giving of security shall require a 75% majority of votes and such approving votes must total not less than two thirds of the membership of the Association

Regional Associations going into Recess

• any monies held in the account.

1. This money will be deposited in an expense account on behalf of the Region, for two years. This money is able to be accessed at any time within the two years upon reactivation of the Regional Association. If after two years the Regional Association has not reactivated it will be deemed to have dissolved and the money will revert to the working account of the National Executive.

 

1. Personal Benefit Clause
2. 1. Any income, benefit or advantage shall be applied to the objectives of the CATE organisation.
   2. No member of CATE or any person associated with a member shall participate in or materially influence any decision made by CATE in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever.  Any such income shall be reasonable and relative to that which would be paid in an arm's length transaction (being open market value).
   3. The provision and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.

 

1. Winding Up Clause
2. 1. If upon winding up or dissolution of CATE, there remains after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid or distributed among the members of the organisation, but shall be given or transferred to some other organisation or body with similar objects to CATE, that also has an income tax exemption or for some other charitable purpose within New Zealand.
   2. The provision and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.

 

1. Seal

The National Executive Officers shall provide and be responsible for the custody of a Common Seal of the Association. The Common Seal shall not be affixed to any deed, instrument, document, or paper except pursuant to a resolution of the National Executive Committee and in the presence of any two members of the National Executive Committee