Skinner’s Law   ANZI Pacific Forum Ballarat 3rd September 2017

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Presentation transcript:

Skinner’s Law   ANZI Pacific Forum Ballarat 3rd September 2017 PCC David Skinner OAM Legal Officer

OFFICE OF DISTRICT GOVERNOR INTERNATIONAL BY-LAWS – ARTICLE IX   INTERNATIONAL BY-LAWS – ARTICLE IX QUALIFICATION: Be an active member in good standing of a Chartered Lions Club in good standing in the District. Be endorsed by the Club or by a majority of Clubs in the District. Be currently serving as the First Vice District Governor within the District. Only in the event that the current First Vice District Governor does not stand for election as District Governor or if a vacancy in the position of First Vice District Governor exists at the time of the District Convention, a member who fulfills the qualifications for the office of Second Vice District Governor and who is currently serving or who has served one additional year as a member of the District Cabinet.

OFFICE OF FIRST VICE DISTRICT GOVERNOR   INTERNATIONAL BY-LAWS – ARTICLE IX QUALIFICATION: Be an active member in good standing of a Chartered Lions Club in good standing in the District. Be endorsed by the Club or by a majority of Clubs in the District. Be currently serving as the Second Vice District Governor within the District. Only in the event that the current Second Vice District Governor does not stand for election as First District Governor or if a vacancy in the position of Second Vice District Governor exists at the time of the District Convention, a member who fulfills the qualifications for the office of Second Vice District Governor.

OFFICE OF SECOND VICE DISTRICT GOVERNOR   INTERNATIONAL BY-LAWS – ARTICLE IX QUALIFICATION: Be an active member in good standing of a Chartered Lions Club in good standing in the District. Be endorsed by the Club or by a majority of Clubs in the District. Have served or will have served at the time of taking office:  As President of a Lions Club for a full term or major portion thereof and as a member of the Board of Directors of a Lions Club for no less than two additional years; and As Zone Chairman or Region Chairman or Cabinet Secretary or Cabinet Treasurer for a full term or major portion thereof With none of the above being accomplished concurrently.

VACANCY IN THE OFFICE OF DISTRICT GOVERNOR   INTERNATIONAL BY-LAWS – ARTICLE IX    In the event of a vacancy in the office of District Governor, the First Vice District Governor shall act as District Governor until the vacancy is filled by the International Board of Directors. In making an appointment to fill the vacancy the International Board shall consider, but not be bound by, any recommendation resolved at a Meeting convened by the Immediate Past District Governor or, if not available, by the most recent Past District Governor who is available. Invitations to attend the Meeting shall be extended to the District Governor, Immediate Past District Governor, First and Vice District Governors, Region Chairmen, Zone Chairman, Cabinet Secretary and Treasurer and all Past International Presidents, Past International Directors and Past District Governors within the District.

VACANCY IN THE OFFICE OF FIRST OR SECOND VICE DISTRICT GOVERNOR   INTERNATIONAL BY-LAWS – ARTICLE IX The International By-Laws provide that in the event of a vacancy in the office of First or Second Vice District Governor the vacancy shall be filled in accordance with the District Constitution and By-Laws. The Standard District Constitution provides: The District Governor shall convene a Meeting of the members of the existing Cabinet as provided in the International Constitution and By-Laws and all Past International Officers who are members of a Lions Club within the District. If the District Governor is not available the most recent Past District Governor who is available shall act and preside at the Meeting. In order for a Lion to be eligible and qualified to fill a vacancy that Lions must: Be an active member in good standing of a Chartered Lions Club in good standing. Have serviced or will have served at the time of taking office: As an Officer of a Lions Club; As a member of District Cabinet in each case for a full term or major portion thereof and With none of the above being accomplished concurrently.

DISTRICT GOVERNOR/VICE DISTRICT GOVERNOR ELECTION PROCEDURES   NOMINATION COMMITTEE: The District Governor appoints the Nomination Committee at least sixty (60) days prior to the District Convention. The Nomination Committee should consist of not more than five (5) members, each of whom shall be a member in good standing of a different Lions Club in good standing in the District, and shall not at the time of their appointment hold any District or International Office INTENT TO RUN FOR ELECTION: Any qualified individual seeking the office of District Governor/Vice District Governor must file his/her intention to run in writing with the Nominating Committee on the date set by the Nominating Committee along with evidence of qualifications as set forth in the International Constitution and By-Laws. QUALIFICATIONS/NOMINATIONS: It shall be the Nomination Committee’s responsibility to review the qualifications of each nominated candidate and rule on the eligibility of the same Good standing must be demonstrated at the time the District Nominating Committee reviews the qualifications of the candidates. If no nominations are received from qualified candidates, nominations for the office may be made from the floor of the Convention. A candidate may withdraw from the contest at any time prior to the issuance of the final report of the Nominations Committee.

DISTRICT GOVERNOR/VICE DISTRICT GOVERNOR ELECTION PROCEDURES continued… CREDENTIALS COMMITTEE: This Committee comprises the District Governor, Cabinet Secretary or Cabinet Treasurer and two other non-officers of the District.   The Committee is responsible for verifying the Club Delegate Credentials. Each Club at a District Convention is entitled to one Delegate and one alternate Delegate for each ten members who have been enrolled for at least one year and a day in the Club, or a major fraction thereof, as shown on the records of the International Office on the first day of the month last preceding the month during which the Convention is held. The major fraction is five or more members. All eligible Delegates must be members in good standing of a Club in good standing. Delinquent dues may be paid up to fifteen days at any time prior to the close of credential certification.

DISTRICT GOVERNOR/VICE DISTRICT GOVERNOR ELECTION PROCEDURES continued… ELECTION COMMITTEE: The Election Committee shall prepare a comprehensive report of the election results containing the following components: Date, time and place of election and the specific voting results of each candidate. The report shall be signed by each Committee Member and by each Scrutineer. A copy of the report shall be furnished to the District Governor, Council Chairman and all candidates. A majority vote shall be necessary to elect the District Governor, First Vice District Governor and Second Vice District Governor. A majority is defined as a number more than one half of the total valid votes cast excluding blanks and abstentions. If a majority vote is not received in the election, a vacancy shall occur. Prior to the Convention, the District Governor shall appoint, the designate the chairperson of, an Elections Committee consisting of three (3) members. The Election Committee shall be responsible for preparation of materials, vote tabulation, and resolving questions concerning the validity of the individual ballots. The Committee’s decision shall be final and binding.  

QUORUM AT A CLUB MEETING   The Standard Club Constitution provides that the presence in person of a majority of the members in good standing shall be necessary for a Quorum at any Meeting of the Club. Except as otherwise specifically provided, the act of a majority of the members present at any Meeting shall be the act and decision of the Club. There is nothing in the International Constitution and By-Laws or in the Board Policy Manual prohibiting a Club from a Quorum acceptable to it, provided that there is no such prohibition in the relevant Constitutions of the applicable Multiple District and District. It follows that a Club may, by special resolution, amend its Constitution to allow a Quorum for Meetings at a number less than the majority. Any such amendment should be adopted with much caution. Regard should also be given to the business to be conducted. The International Constitution sets out the voting privilege attaching to each membership category.

RIGHTS AND PRIVILEGES CHART MEMBERSHIP CATEGORY CHART – OBLIGATIONS RIGHTS AND PRIVILEGES CHART    CATEGORY  REGULAR ATTENDANCE PROMPT PAYMENT OF DUES (CLUB, DISTRICT AND INTERNATIONAL)  PARTICIPATION IN CLUB ACTIVITIES  CONDUCT REFLECTING FAVOURABLE IMAGE Active Yes Affiliate No Yes, when able Associate Yes, Primary Club No, Secondary Club Yes, Club only Honorary No, Club Pay applicable Int’l and District Dues Life Yes, District & Club only No Int’l Dues Obligations Member at Large Privileged

ABSENTEE VOTING   Lions Club International does not have a provision prohibiting a Club to allow for absentee voting. A Club is at liberty to amend its Constitution and By-Laws to permit absentee voting should it so wish. The adoption of that practice would mean that any matter in respect of which a vote is intended to be conducted – and the wording of the motion being considered – must be brought to the attention of all members and a reasonable period of time allows within which the absentee vote may be delivered to the Secretary. Proxy voting is prohibited.

CRIMINAL OFFENCES   If a Lion pleads guilty or is found guilty of a crime or moral turpitude, by a Court of Law, he/she does not satisfy the criteria of good moral character and good reputation and shall be removed as a member of the Club. If a member has been formally charged or indicted by a Court of Law of a crime of moral turpitude, he does not satisfy the criteria of good moral character and good reputation until such time as a final binding decision has been made on the matter and the member has been cleared of all such charges. In such circumstances, the member shall be removed as a member of the Club until the member has been cleared of all charges of a crime of moral turpitude. If an individual has served the sentence imposed, is no longer under any further restrictions as a result of the conviction of a crime of moral turpitude, he/she may be eligible to be invited to become a member of the Club, if the Club has determined that the individual has sufficiently demonstrated that he/she is of good moral character and good reputation.

PRAYER   Why do Lions Meetings include a prayer? If everyone has the right to their own religious ideology or the right not to practice a religion, why do Meetings include a prayer? Do members have the right to not indulge in this practice? If members find the Purposes at odds with the Invocation and taking part in the Invocation makes the Club a hypocrite, what is the procedure to opt out or is resignation the only option?

A STORY…   Lions were selling door to door in my area. I have a sign near my front gate which clearly states “No Door to Door Anything” in easy to read capital letters which reasonably equates to a do not knock notice and at the very least tells anyone with half a brain that I am not interested in talking to them or buying from them. One of your people read the sign, ignored it and then knocked on my door and I told him I seen him read the sign and to get out! He seemed to think it was some kind of a joke. It is neither funny or amusing in any way when people harass you in your own home. The sign was a reasonable request/directive ignored by a pig. What kind of half whit trouble maker thinks that I would buy something from him after he has just disrespected me and my home? Is this the kind of trouble making arrogant idiot that Lions Australia chooses to represent it? Bad behavior by your representatives only serves to discourage people from helping Lions or other charities.