Association of Higher Civil and Public Servants

                                   

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Rules and Constitution

 (revised May 2010)

 

1. Name 7. Associate Membership 13. Elected Officers 19. General Ballot
2. Office 8. Management 14. Honorary President & Vice Presidents

20.Finance

3. Objects 9. Delegate Conference 15. Trustees 21. Membership Subscriptions
4. Powers 10. Consultative Council 16. General Secretary & Other Employees 22. Branch Organisation
5. Membership 11. Executive Committee 17. Indemnity 23. Revision

6. Cessation of Membership

12. Standing Orders Committee 18. Strikes and Industrial Action 24. Dissolution

 

1. NAMEThe Association shall be known as The Association of Higher Civil and Public Servants (Comhlachas na Sheirbhíseach Uachtarach Stáit agus Poiblí), hereinafter referred to as the Association.

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2. OFFICE
The Association’s office shall be at Fleming’s Hall, 12 Fleming’s Place, Dublin 4 or such other place as may from time to time be determined by the Executive Committee. Any change shall be notified to the Registrar of Friendly Societies.

3. OBJECTS
The Objects of the Association are:

(a) to protect and promote the interests of its members,

(b) to maintain and improve the remuneration and other terms and conditions of employment of members,

(c) to regulate the relations between members and their employers and between members and fellow members and other workers,

(d) to provide and maintain services, including legal assistance, for the benefit of members,
(e) to provide relief to members involved in, or affected by, disputes,

(f) to promote excellence and effectiveness in the public sector having regard to the interests of members,

(g) to promote equality of opportunity and the development of work-life balance in the workplace,

(h) to promote the development of partnership in the workplace.

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4. POWERS

(a) The Association, in furtherance of its objects, may:

 

(i) acquire, hold and dispose of property;

(ii) affiliate, amalgamate, assist, cooperate or enter agreement with any association, union, or other organisation; and

(iii) do all things necessary or incidental or conducive to the attainment of the objects of the Association.

(b) The funds of the Association shall be applied in carrying out the objects of the Association and in defraying the expenses of management and administration.

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5. MEMBERSHIP


(a)   

 

(i) Membership of the Association comprises those accepted into membership by the Executive Committee and entered on the Register of Members.

(ii) Membership shall be open to employees in managerial and professional positions in the civil service, public sector and such other employment as deemed appropriate by the Executive Committee. Membership shall besubject to acceptance by the intending member of the Rules and Constitution and approval by the Executive Committee and shall commence on the date of this approval whereupon the member’s name shall be entered on the Register of Members.

(b) An application for membership shall be made to the intending member’s local branch in writing in a form approved by the Executive Committee and shall be transmitted by the local branch to the General Secretary. The application shall be accompanied by a completed form of authorisation for deduction from salary of the appropriate subscription.

(c) Every new member shall be issued with a copy of the Rules and Constitution on acceptance into membership.

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6. CESSATION OF MEMBERSHIP
(a) A person shall cease to be a member of the Association (and the member’s name shall accordingly be removed from the Register of Members) in the following instances:

(i) written resignation to the Executive Committee;

(ii) retirement or resignation from the Civil Service or other employment where the Association represents members;

(iii) expulsion under paragraph (b) below;

(iv) cancellation of authorisation for deduction of subscription from salary;

(v) on leaving the grades catered for by the Association.

(b) Notwithstanding anything elsewhere in these Rules and Constitution the Executive Committee shall have power to expel from membership of the Association (and to remove from the register of members) or suspend from membership for a specified period or fine or censure any member whose actions or conduct the Executive Committee, after consultation with the Branch Committee of the member concerned, believes to be prejudicial to the interests of the Association or its members. The member concerned shall be informed in writing of the intention of the Executive Committee to consider his or her position and the reasons therefor, and the member concerned shall have the right to appear before the Executive Committee and give an oral or written statement or call others to give evidence on his or her behalf.

(c) A member expelled, suspended, fined or censured under the provisions of this rule shall have the right of appeal to the next Annual Delegate Conference of the Association following the decision of the Executive Committee. Notice of intention to appeal shall be given to the General Secretary not later than one month after notification of the decision of the Executive Committee.

(d) A person who has ceased to be a member may be re-admitted to membership on such terms and conditions as the Executive Committee, following consultation with the relevant Branch Committee, may determine.

(e) Notwithstanding any other provisions of these Rules, the Executive Committee may exclude from membership of the Association any person whose continued membership conflicts with a finding of the Irish Congress of Trade Unions concerning disputes between Unions on the organisation of members.

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7. ASSOCIATE MEMBERSHIP

(a)   

(i) A person who ceased to be a member in accordance with rule 6(a)(ii) or 6(a)(v) and such other as the Executive Committee may decide from time to time, may apply to become an associate member, such application to be dealt with in a form and a manner approved by the Executive Committee.

(ii) An associate member shall be entitled to participate in membership services, as appropriate, organised for members of the Association and shall be entitled to receive Newsletters and the Annual Report.

(iii) Associate members shall not be entitled to attend branch meetings or Delegate Conferences of the Association other than by invitation and shall not be entitled to participate in ballots of members held in accordance with these Rules.

(b) Members of the Veterinary Officers Association may be admitted en bloc to associate membership on such financial terms as may be determined by the Executive Committee following consultation with the Executive Committee of the Veterinary Officers Association. The Association may in this context provide a negotiation service to the Veterinary Officers Association.

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8. MANAGEMENT

The management of the Association is vested in

(i) Delegate Conferences and
 

(ii) The Executive Committee

in accordance with the provisions of the Rules and Constitution.

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9. DELEGATE CONFERENCE
 

(a)

(i) The delegate conference shall be the supreme policy making instrument of the Association. The policy of the Association shall be determined by the delegate conference, which shall have the power to rescind or vary any decision taken previously by the Association.

(ii) For the purpose of these Rules the term “delegate conference” includes both annual and special delegate conferences.
 

(b)

(i) The delegate conference shall consist of the Executive Committee, the Standing Orders Committee and accredited delegates elected by and from Branches in the numbers indicated below, and notified to the General Secretary:

(a) Branches with 30  members or less – Two delegate;
(b) Branches with more than 30 members –one delegate for the first 30 members and,  thereafter, one delegate for 30 members or part thereof.

(ii) For the purpose of this rule, branch membership shall be the number of members at the end of the last complete financial year. In exceptional circumstances the Executive Committee may specify some other date for the purpose of assessing branch membership.
 

(iii) Delegates to a delegate conference shall be elected at a branch meeting to be held in accordance with Rule 22(f) or (h). In the case of an Annual Delegate Conference the names and addresses of delegates shall be notified in writing by branch secretaries to the General Secretary not less than 21 days before the date of the Conference. The General Secretary shall then issue each delegate with a credentials card, stating the name and branch. It shall however, be in order for a Branch to nominate a replacement for any delegate originally nominated by that Branch, in the event of such delegate being unable to attend conference for any reason.
 

(iv) Any member of the Association not being a delegate shall be entitled to attend a delegate conference but shall not speak or vote thereat.
 

(v) Such other persons as the Executive Committee invite may attend conference but may not vote thereat.

(c) The Annual Delegate Conference shall be held not later than 31 May in each calendar year on a date and at a venue to be determined by the Executive Committee.
 

(d)

(i) The General Secretary, not later than fifteen weeks prior to the date of the Annual Delegate Conference, shall advise Branch secretaries of the date, time and venue of the Annual Delegate Conference and invite Branches to submit nominations and motions to form part of the agenda for the delegate conference. A Branch may make nominations for the offices of Chairperson, Vice-Chairperson and Treasurer and for membership of the Executive Committee and Standing Orders Committee to be filled at the conference and every nomination shall be accompanied by the written agreement of the person nominated. Subject to (iii) below, nominations and motions shall be submitted to and received by the General Secretary not later than nine weeks prior to conference. Motions sent to the Association Headquarters by electronic mail will be deemed to be received by the General Secretary on the same day as the mail was sent provided that evidence of sending is provided by the sender.

(ii) The Executive Committee shall not have power to make nominations but shall have power to put down motions.

(iii) The General Secretary shall issue, not later than six weeks prior to the Annual Delegate Conference, a draft agenda of business including motions to be discussed at conference and shall invite Branches and the Executive Committee to submit amendments to the motions. At the same time the General Secretary shall set out the nominations received for the offices and places on the Executive Committee and Standing Orders committee to be filled. If on the due date there are insufficient nominations for any or all of the offices or places, then notwithstanding anything contained in subparagraph (i) it shall be open to a Branch to submit a nomination for such offices or places in respect of which no nomination has been made. Such nominations and amendments to motions must be submitted to and received by the General Secretary not later than four weeks prior to the conference.

(iv) A final agenda, together with the recommendations of the Standing Orders Committee and a copy of the annual report, shall be issued by the General Secretary to all Branch secretaries and to all delegates not
later than two weeks prior to conference.

(e) Additions to the final agenda may be accepted by the Standing Orders Committee only when it receives a motion deemed by it to be of such extreme urgency and importance to the interest of the members that the matter warrants inclusion on the agenda for conference. Any such motion of urgency shall be submitted to the Standing Orders Committee who shall decide on its acceptability and its place on the agenda.

(f) The business of the annual delegate conference shall include:

(i) Adoption of Standing Orders and Standing Orders Committee Report;

(ii) Consideration of the annual report and accounts of the Association;

(iii) Election of officers, namely Chairperson, Vice-Chairperson and Treasurer;

(iv) Election of twelve ordinary members of the Executive Committee;

(v) Election of Standing Orders Committee;

(vi) Consideration of motions and amendments thereto;

(vii) The appointment on the nomination of the Executive Committee of an Honorary President and Honorary Vice Presidents on such terms as may be recommended by the Executive Committee;
 

(viii) Consideration of any other business as may be submitted by the Executive Committee and allowed by the Standing Orders Committee.

(g)

(i) Ballot papers for elections shall be issued to each delegate on presentation of his or her credentials card, and to each of the members of the Executive Committee.

(ii) A candidate for any elective office at a delegate conference may not be appointed a teller at that conference.

(h)

(i) Accredited delegates and members of the Executive Committee shall have the right to vote.

(ii) Save as may otherwise be provided for in these rules voting at conference shall be decided by a simple majority of accredited delegates showing credentials cards and the members of the Executive Committee.
 

(iii) The quorum for a delegate conference shall be one third of the total number of accredited delegates nominated by Branches and notified to the General Secretary in accordance with Rule 9(b)(i).

(i) The order of business at the Annual Delegate Conference shall be determined by the Standing Orders Committee.

(j) A Special Delegate Conference shall be held:

(i) on the direction of the Executive Committee.

(ii) on the direction of a previous Delegate Conference, or

(iii) within 28 days of the receipt by the General Secretary of a requisition for, and stating the purpose of, such a conference from at least 5 branches representing at least 15% of the total membership of the Association. Each such Branch requisition must have been approved by general meetings of the members in the Branches concerned.
 

(k) The business of the Special Delegate Conference shall be stated in the notice convening the conference which shall be sent to all Branches not later than 7 clear days before the conference. No other business shall be transacted by the Conference.
 

(l) Names of delegates nominated by Branches for the purpose of the Special Delegate Conference shall be notified to the General Secretary not later than one day before the conference.
 

(m) If a quorum is not present after one hour of the stated time for a delegate conference, the conference shall stand adjourned for not less than 7 days and not more than 28 days. Rule 9(h)(iii) shall not apply to an adjourned conference. At least 5 days notice shall be given to Branches of the time date and venue for the resumption of the adjourned conference.

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10. CONSULTATIVE COUNCIL
(a) There shall be a Consultative Council which shall consist of the Chairperson and Secretary of each Branch or their deputies together with the Executive Committee. The Chairperson of the Association shall act as Chairperson of the Consultative Council.

(b) The Consultative Council shall meet not less than twice yearly on dates to be determined by the Executive Committee.

(c) The functions of the Consultative Council shall be:

(i) To act as a forum where the members may, through their council representative, make their views known to the Executive Committee and where the Executive Committee may obtain the membership opinion;

(ii) To promote understanding between Branch Secretaries and between Branch Secretaries and the Executive Committee.

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11. THE EXECUTIVE COMMITTEE
 

(a) The Executive Committee shall comprise:

 

(i) The Chairperson, Vice-Chairperson and Treasurer;

(ii) Twelve other members elected by simple majority by the Annual Delegate Conference from nominations made by branches; and

(iii) not more than two members co-opted by the Executive Committee. The Executive Committee, in making the co-options, shall have regard to candidates nominated for but not elected to the Executive Committee, to the desirability of representations being accorded to smaller branches of the Association and as between the various employments where the Association has representation and of a balanced representation as between men and women on the Executive Committee.
 

(b) The Executive Committee shall hold office until the end of the delegate conference at which their successors are elected. Any vacancy shall be filled by co-option by the Executive Committee.
 

(c) A Special Delegate Conference convened for the purpose may remove any one or more of the Executive Committee by resolution. Such resolution shall be adopted by a vote of not less than two-thirds of those present at the conference and voting. Upon any Executive member or members being removed under this rule, the conference at which the removal takes place shall elect another person or persons to fill the vacancy or vacancies, who shall hold office for the unexpired term of the Executive Committee member or members so removed.

(d) The Executive Committee shall exercise the powers of the Association in furtherance of the objects of the Association.

(e) The functions of the Executive Committee shall include:

(i) management, direction and control of the affairs of the Association in accordance with and subject to the direction of delegate conference;

(ii) The development of policies and strategies for the achievement of Association objectives within the guidelines and directives laid down by delegate conference;

(iii) Determining strategy for, and participating in, negotiations;

(iv) Controlling the pace and direction of the Association’s development between Delegate Conferences;

(v) Considering and accepting of applications for membership;

(vi) Appointing trustees as provided for in these rules;

(vii) nominating the Honorary President and Vice Presidents for appointment by annual delegate conference.

(f) The Executive Committee shall interpret the Rules and Constitution and the Standing Orders of the Association where doubt or dispute may arise and shall decide on any matter not covered by the Rules and Constitution. Such interpretation will stand unless the annual delegate conference or special delegate conference following the decision decides otherwise.
 

(g) The Executive Committee shall have power to appoint sub-committees and other committees as necessary and to define their terms of reference.

(h) The Executive Committee shall have power to appoint and dismiss the General Secretary and to appoint and dismiss any other staff as may be required for the efficient conduct of the Association’s business. It shall also settle the terms of employment of the General Secretary and other staff.

(i) The Executive Committee shall ensure that the affairs of the Association are being properly conducted by the General Secretary and other staff of the Association.

(j) The Executive Committee shall have power to negotiate and to spend money in giving effect to Association policy.

(k) A quorum for meetings of the Executive Committee shall be seven members.

(l) The Executive Committee shall meet not less than ten times in a year and, so far as practicable, at least once a month.

(m) The agenda for ordinary meetings of the Executive Committee shall be circulated at least 3 days in advance. Special meetings may be called at shorter notice by the General Secretary in consultation with the Chairperson or, in the latter’s absence, with the other elected officers.

(n) The Executive Committee shall prepare and circulate to all members an Annual Report and Statement of Accounts of the Association.

(o) The Executive Committee may invite other members to participate in an advisory capacity and without voting powers in any of its deliberations.

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12. STANDING ORDERS COMMITTEE
(a) A Standing Orders Committee which shall consist of not more than six members shall be elected at the Annual Delegate Conference.

(b) Members of the Standing Orders Committee shall hold office until the end of the delegate conference at which their successors are elected. Any vacancy arising between conferences shall be filled by a member of the Association appointed by the Executive Committee.

(c) A member of the Executive Committee may not at the same time be a member of the Standing Orders Committee.

(d) The Standing Orders Committee shall elect a Chairperson from among its members and shall regulate its own procedures. Three shall constitute a quorum at meetings of the Standing Orders Committee.

(e) The Standing Orders Committee shall meet with the General Secretary prior to each delegate conference on a day to be decided by its Chairperson and the General Secretary to consider the business proposed for the delegate conference.

(f) The Standing Orders Committee shall make recommendations as it deems necessary in accordance with the Rules and Constitution and Standing Orders of the Association as to the order in which the business of each conference should be taken for the purpose of the efficient conduct of the conference.

(g) The Standing Orders Committee may also meet during each delegate conference and make such recommendations as it deems necessary from time to time to facilitate the business of the conference.

(h) The Standing Orders Committee may also recommend procedures for the better conduct of delegate conferences generally. Its recommendation shall be considered by the Executive Committee and decided on by a simple majority of the delegates voting at conference. If adopted they shall become part of the Standing Orders of the Association.

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13. ELECTED OFFICERS
(a) The Chairperson, Vice-Chairperson and Treasurer shall be elected by simple majority at the Annual Delegate Conference.

(b) If a vacancy in the office of Chairperson arises between Annual Delegate Conferences it shall be filled by the Vice-Chairperson. All other vacancies in these officerships arising between annual conferences shall be filled by the Executive Committee.

(c) The respective functions and duties of the elected officers shall be as follows:

(i) The Chairperson shall uphold the objects, aims, policy and constitution of the Association. The Chairperson’s principal functions shall be:

(A) to preside at meetings of the Consultative Council and Executive Committee;

(B) to preside at delegate Conferences;

(C) to preside at such other Association meetings as are appropriate;

(D) to deliver an address at the Annual Delegate Conference;

(E) such other duties as delegate conferences or the Executive Committee may assign to the Chairperson.
 

(ii) The Chairperson shall have a second or casting vote in the event of a tie in voting on any matter other than a motion to change the Rules and Constitution of the Association.

(iii) The Vice-Chairperson shall carry out the duties of the Chairperson in the absence of the latter and shall be regarded as the Chairperson for this purpose. The Vice-Chairperson shall discharge such additional duties as are assigned to the Vice-Chairperson by delegate conference or the Executive Committee.

(iv) The Treasurer shall report to the Executive Committee and to the Annual Delegate Conference on the financial affairs of the Association and shall ensure that proper accounts and receipts of payment of the Association are kept. The Treasurer may inspect all financial books and records of the Association.

(d) The Officers of the Association shall ensure that the decisions of the Executive Committee are carried out.

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14. HONORARY PRESIDENT AND HONORARY VICE PRESIDENTS
The Executive Committee may nominate an Honorary President and a number of Honorary Vice-Presidents for appointment by annual delegate conference. These offices shall be purely honorary and shall be for such term as the annual delegate conference on the recommendation of the Executive Committee may decide.

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15. TRUSTEES
(a) The Executive Committee shall appoint three trustees to carry out the functions assigned to them under these rules.

(b) The trustees shall be members of the Association in good standing and shall not be members of the Executive Committee.

(c) The trustees shall be appointed for a term of five years, but may be individually or otherwise suspended or removed by the Executive Committee before the end of such term. Any vacancies arising shall be filled on the nomination of the Executive Committee.

(d) Any real or leasehold property acquired by the Association in accordance with Rule 4(a)(i) shall be vested in the trustees.

(e) The trustees shall appoint the Association’s Auditor.

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16. GENERAL SECRETARY AND OTHER EMPLOYEES
(a) The Association shall have a full time General Secretary and such number of other staff as may be determined by the Executive Committee to be necessary for carrying out the business of the Association.

(b) The General Secretary shall be the Chief Executive Officer of the Association and shall be responsible to the Executive Committee for negotiation and representation of members’ and Association interests, for recruitment of new members and for the proper management and development of the Association, including the maintenance of minutes, records and accounts and the management and operation of systems and procedures in accordance with the Rules and Constitution, decisions of delegate conferences and directions of the Executive Committee. The General Secretary may, with the consent of the Executive Committee, delegate any of these functions.

(c) The General Secretary shall report to meetings of the Executive Committee and the Consultative Council on the business and affairs of the Association and has the right to speak at Annual or Special Delegate Conferences.

(d) Except where otherwise decided by the Executive Committee, the General Secretary shall not be entitled in any negotiations conducted by him or her to enter into any final or binding agreement on behalf of the Association. The General Secretary shall otherwise be free to speak and shall have the same authority and status as would any accredited deputation or negotiating team.

(e) The General Secretary and any Deputy General Secretary or Assistant General Secretaries or other staff shall be appointed by the Executive Committee. The remuneration and other conditions of appointment of the General Secretary, Deputy General Secretary, Assistant General Secretaries and other staff shall be determined by the Executive Committee.

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17. INDEMNITY
The Executive Committee shall make suitable provision to indemnify members of the Executive Committee, the General Secretary and other staff of the Association against any damages or financial loss suffered by them arising from the due execution of their duties on behalf of the Association.

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18. STRIKES AND INDUSTRIAL ACTION
(a) The provision of this Rule shall apply notwithstanding any other provision contained in these Rules.

(b) In this Rule the terms “strike” and “industrial action” shall have the same meaning as in the Industrial Relations Act 1990.

(c) In this Rule the term “member” shall have the same meaning as in Rule 5.

(d) The provisions of this Rule shall apply to the Republic of Ireland only.

(e) The Association shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable at the time of the ballot to believe will be called upon to engage in the strike or other industrial action.

(f) The Association shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the Association or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting.

(g) The Executive Committee shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in Paragraph(h) of this Rule, favours such strike or other industrial action.

(h) The Executive Committee shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of the Association’s members voting in a secret ballot, except where, in the case of a ballot by more than one trade union, an aggregate majority of all the votes cast favours such strike or other industrial action.

(i) Where the outcome of a secret ballot conducted by the Association or in the case of ballots conducted by the Association and any number of other trade unions which are affiliated to the Irish Congress of Trade Unions an aggregate majority of all the votes cast is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented by the union without the sanction of the Irish Congress of Trade Unions.

(j) As soon as practicable after the conduct of a secret ballot the Association shall take reasonable steps to make known to the members of the Association entitled to vote in the ballot—

(i) the number of ballot papers issued,

(ii) the number of votes cast,

(iii) the number of votes in favour of the proposal,

(iv) the number of votes against the proposal, and

(v) the number of spoiled votes.

(k) Nothing in this Rule shall constitute an obstacle to negotiations for the settlement of a trade dispute nor the return to work by members of the Association party to the trade dispute, and any decision taken in accordance with this rule to organise, participate in, sanction or support a strike or industrial action may be rescinded or amended without the necessity of a further ballot of the members concerned.

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19. GENERAL BALLOT
(a) A General Ballot of the members may be held to determine the policy of the Association on any matter. Such ballot shall be held:

(i) On the direction of a delegate conference or the Executive Committee;

(ii) Within 28 days of the receipt by the General Secretary of a requisition for such a ballot from at least 5 Branches, representing at least 15% of the total membership of the Association, provided each such requisition has been approved by a general meeting of the members in the Branches concerned; or

(iii) Within 28 days of the receipt by the General Secretary of a requisition from one fifth of the entire membership.

(b) The Executive Committee may decide to hold a Special Delegate Conference instead of a general ballot within 28 days of receiving a request under Rule 19 (a)(ii) or (iii).

(c) When it is determined that a general ballot of members is to be held, the ballot paper, together with a brief memorandum setting out the principal considerations for and against the proposals to be balloted on, shall be sent to each member at the members’ normal official location. The ballot paper shall be accompanied by a stamped addressed envelope for the return of the completed paper. Ballot papers shall be returned within 21 days of the date of issue, or such shorter time as may be determined by the Executive Committee and advised to each member with the ballot paper. The Association’s Auditor shall be responsible for the opening, counting and certification of the result of any general ballot of members.

(d) Policy determined by a ballot on a simplemajority of votes cast will be binding on the Association as if it were a motion passed at an Annual Delegate Conference.

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20. FINANCE
(a) The Executive Committee shall have overall responsibility for the financial affairs of the Association.

(b) The Executive Committee shall have the power to raise funds by borrowing money on any real or personal property of the Association.

(c) (i) The Executive Committee shall have power to levy members to augment the funds of the Association in order to provide assistance to members in dispute or for such other purposes in accordance with these rules as the Executive Committee may decide.

(ii) Members of the Association shall be entitled to claim financial assistance from the Association, at a rate to be determined by the Executive Committee, where disputes result in members withdrawing their services on the instructions of the Executive Committee or where the Executive Committee deems members to be locked-out or victimised by their employer as a direct consequence of action taken by members of the Association where such action has the approval of the Executive Committee.

(iii) Legal advice for members may be financed from Association funds at the discretion of the Executive Committee where the matter on which advice is sought arises from or is related to the member’s employment.

(d) The financial year of the Association shall end on 31st December of each year.

(e) The accounts of the Association shall be audited annually by the auditor appointed by the trustees.

(f) All monies received as subscriptions or otherwise by the Association shall be lodged to a Banking Account or to Banking Accounts opened in the name of the Association as approved by the Executive Committee.

(g) All disbursements on account of the Association shall be drawn on such bank or banks and authorised by any three of the following, i.e. Chairperson, Vice Chairperson, Treasurer, General Secretary or Executive Assistant. 

(h) The surplus funds of the Association shall be invested in the joint names of the Trustees in such trusts or securities including real property as the Executive Committee may from time to time decide.

(i) Every person having an interest in the funds of the Association may at any reasonable time, and on giving notice, inspect the books of the Association and the register of members of the Association.

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21. MEMBERSHIP SUBSCRIPTIONS
(a) The membership subscriptions of ordinary and associate members shall be determined from time to time by delegate conference.

(b) The subscription of an ordinary member shall be deducted from salary by authorisation of the member or in a manner determined by the Executive Committee.

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22. BRANCH ORGANISATION
(a) The members of the Association shall be organised into branches as determined from time to time by the Executive Committee.

(b) Each Branch shall be responsible for representing and safeguarding the interests of its members at local level in accordance with Association policy, for the recruitment of members within its Department or Office or grade, body, company or corporation, for the representation of its members’ views concerning their Department or Office or grade, body, company or corporation and transmitting its members’ views on these and other matters to the Executive Committee and/or Delegate Conference.

(c) The administration of each Branch shall be vested in a Branch Committee. The Branch Committee shall consist of a chairperson, secretary and not less than one and not more than fifteen other members.

(d) The duties of the Branch Chairperson shall be to assist in the conduct of the business of the Branch generally, to sign all minutes and through the Branch Secretary to call any meeting of the Branch or Branch Committee as required, to represent the Branch at meetings of the Consultative Council and to ensure that in the event of him or her being unable to attend that a deputy is appointed in his or her place.

(e) The duties of the Branch Secretary shall include:

(i) Keeping branch members informed of the business and affairs of the Association.

(ii) Transmitting communications between the Branch and the Executive Committee.

(iii) Advising members of the dates of Annual Delegate Conference and arranging meetings as required for the purpose of nominations for elections, motions for discussion at conference and election of delegates;

(iv) Keeping a record of all Branch meetings and Branch Committee meetings;

(v) Notifying the General Secretary in proper time of nominations, motions and amendments and names of delegates;

(vi) Representing the Branch at meetings of the Consultative Council and ensuring that in the event of his or her being unable to attend that a deputy is appointed in his or her place;

(vii) Providing the Executive Committee with such information as it may require from time to time.

(f) An annual general meeting of the members of each Branch shall be held not later than nine weeks prior to the date of the Annual Delegate Conference. In the case of a Branch authorised under Rule 22 (J) to substitute a Branch Delegate Meeting for an Annual General Meeting, having regard to the geographic spread of members, the Branch Delegate Meeting will take place no later than four weeks prior to the Annual Delegate Conference or the closing date for amendments to Motions on the final agenda of the Annual Delegate Conference, whichever is the earlier provided that 

(i) A previous Delegate Meeting of the Branch has mandated the Branch Executive to propose motions and make nominations on behalf of the Branch for the Annual Delegate Conference.

(ii) And that the Branch Executive puts all such motions and nominations on the Agenda of the Branch Delegate Meeting, taking place in accordance with the provisions of rule 22(f), for approval by the delegation.

(g) Each member shall be given due notice of the holding of this meeting and the meeting shall deal with the following matters:

(i) receive a report of the Branch Committee on the activities of the Branch for the year;

(ii) Elect Branch Officers, Branch Committee and delegates for the Annual Delegate Conference;

(iii) Make nominations for the Officerships, Standing Orders Committee and Executive Committee;

(iv) Consider motions for the Annual Delegate Conference;

(v) Arrange further meetings as required to consider the draft agenda of the delegate conference and amendments to motions in the Agenda;

(vi) Transact such other business as required.

(h) Special general meetings of a Branch shall be held whenever the Branch Committee deems it necessary, or in accordance with the directions embodied in a resolution passed by a majority of the members present at a previous Branch general meeting, or on a request signed by not less than one fifth of the members of the Branch or on the instruction of the Executive Committee.

(i) Expenditure reasonably incurred by a Branch in the exercise of its functions including the expenses of delegates at the Annual or Special General Meeting of the Branch or Delegate Conference shall be paid out of the funds of the Association. The Executive Committee shall have discretion to decide what is reasonable for this purpose.

(j) Where the Committee of a Branch considers that Branch general meetings should be replaced by Branch delegate meetings for that Branch, it shall so notify the Executive Committee in writing. A group of members in a branch who constitute not less than one-fifth of the entire membership of the Branch may also notify the Executive Committee in writing that they consider that it would be desirable to replace Branch General Meetings by Branch Delegate Meetings On receipt of such notification the Executive Committee shall, if it is satisfied that delegate meetings are preferable to general meetings in that Branch, having regard to the geographical spread of the members of the Branch, conduct a ballot of the members of the Branch to determine the views of the members of the Branch. The Executive Committee may agree to the substitution of delegate meeting for general meetings only if a majority of those members voting in the ballot vote in favour of the substitution of delegate meetings for general meetings. Where General Meetings have been replaced by delegate meetings, the delegate meetings shall consist of the Branch Committee together with delegates appointed by sub-branches of the Branch. The composition of sub-branches and the number of delegates to be appointed by each sub-branch to the branch delegate meetings and any other procedural matters involved in the holding of delegate meetings shall be a matter for the Branch Committee of the Branch subject to the approval of the Executive Committee.

Branch delegate meetings, shall, where they are substituted for Branch general meetings, have the same powers and responsibilities of Annual and Special General Meetings of branches as are specified under these Rules and the general provisions of Rule 22 shall apply as if references to annual or special branch meetings constitute reference to annual or special delegate meetings of branches. Where Branch delegate meetings have been substituted for Branch General Meetings, a proposal to return to Branch General Meetings must be initiated and processed in the same way as a proposal to change from Branch General Meetings to Branch delegate meetings as set out in this Rule.

23. REVISION
The Rules and Constitution may be amended only by a motion tabled in accordance with the rules for motions at delegate conferences, and passed by not less than a two-thirds vote of the accredited delegates nominated by branches and of members of the Executive Committee present and voting at a delegate conference. Any such amendments shall be notified to the Registrar of Friendly Societies.

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24. DISSOLUTION
The Association may be dissolved at any time by means of a general ballot of the members provided that such dissolution is approved by five-sixths of the membership. In the event of dissolution any net assets remaining after discharging all debts and liabilities shall be divided equally between those who were members at the time of dissolution. Any such dissolution shall be notified to the Registrar of Friendly Societies. 

 

 

 

 

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Association of Higher Civil and Public Servants