Manitouwadge Golden Age Center By-Laws
Article 1 - Name
The NAME of the organization shall be Manitouwadge Golden Age Center
Article ll - Objectives
Section 1 The aims and objectives of the Manitouwadge Golden Age Center shall be: To establish, maintain and operate a senior citizens’ centre by providing recreational, social, cultural, and educational programs and activities.
Section 2 The usual place of meeting shall be in the Township of Manitouwadge at the MGAC meeting centre.
Section 3 The Golden Age Center shall Show no discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, sex, sexual orientation, disability, age, marital status, family status and record of offences. It is unlawful for anyone to harass an individual on the basis of these factors. Harassment includes inappropriate comments, jokes or suggestions. Sexual harassment includes unwanted touching.
Article lll - Interpretation
Section 1 Wherever the “Center” occurs in the by-laws, it shall be understood to mean the Mani- touwadge Golden Age Center as a body.
Section 2 Wherever the “Board” occurs in these by-laws, they shall be understood to mean the elected board members of the Manitouwadge Golden Age Center.
Article lV - Membership
Section 1 Any person 50 years of age or older who maintains a residence in Manitouwadge and makes and application of the MGAC may become a member of the MGAC.
Section 2 Membership fees shall be fixed annually and approved by the general membership.
Section 3 The board may remove from the roll of members the name of any member who fails to pay annual dues within three(3) months of the date the fall due. Upon such action boy the board, all privileges of membership shall be forfeited.
Section 4 An honorary membership, for an individual, may be recommended to the membership at a General Meeting by the MGAC board. The general membership will vote on this recommendation. An honorary member shall have all of the privileges and responsibilities of a regular MGAC member. An honorary membership shall be recommended by the board for an individual who has distinguished him/herself as had made a special contributions the community of Manitouwadge and/or to the MGAC.
Section 5 A member of the MGAC may be expelled, with cause, by a vote of two-thirds of the membership of the Center present at a regular or special general meeting.
Upon the receipt of a complaint of violence, in writing, by one member toward another member the Executive shall ask for a written statement from the accused in reply. The executive shall then examine the situation to determine if membership expulsion is in order. If it is determined that expulsion of membership is in order then the executive will suspend the offending party until such time as a general meeting is called and expulsion is then confirmed by vote.
Definitions of Violence
· Assault: any intent to inflict injury on another, coupled with an apparent ability to do so; any intentional display of force that causes the victim to fear immediate bodily harm.
· Harassment: engaging in any vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, and causes the person to believe their health and safety are at risk.
· Near miss: an act of striking out, but missing the target.
· Physical attack: an act of aggression resulting in a physical assault or abuse with or without the use of a weapon. Examples include hitting, shoving, pushing, punching, biting, spitting, groping, pinching or kicking the victim, unwelcome displays of affection or inciting a dog to attack.
· Psychological abuse: an act that provokes fear or diminishes an individual’s dignity or self-worth or that intentionally inflicts psycho- logical trauma on another.
· Sexual abuse: any unwelcome verbal or physical advance or sexually explicit statement, displays of pornographic material, pinching, brushing against, touching, patting or leering that causes the person to believe their health and safety is at risk.
· Sexual assault: the use of threat or violence to force one in- dividual to touch, kiss, fondle or have sexual intercourse with another.
· Threat: a communicated intent (verbal or written) to inflict physical or other harm on any person or to property by some unlawful act. A direct threat is a clear and explicit communication distinctly indi- cating that the potential offender intends to do harm, for example, “I am going to make you pay for what you did to me.” A conditional threat in- volves a condition, for example, “If you don’t leave me alone you will re- gret it.” Veiled threats usually involve body language or behaviours that leave little doubt in the mind of the victim that the perpetrator intends to harm.
· Verbal abuse: the use of vexatious comments that are known, or that ought to be known, to be unwelcome, embarrassing, offensive, threatening or degrading to another person (including swearing, insults or condescending language) which causes the person to believe their health and safety are at risk.
(Paraphrasing Ontario Occupational Health and Safety Act 2012)
Article V - Officers
Section 1 The Board of the MGAC shall consist of a President, Vice-president, Secretary and Treasurer and, at least, six(6) other Directors as elected by the membership at a Gen- eral Meeting. The Board may appoint the chairperson of a commitee as a member of the Board.
Section 2 Any member, having agreed to stand for nomination to serve on the Board, may be elected by proxy if he/she is unable to attend the general meeting and elections.
Section 3 Board members shall remain in office for two(2) years or until a successor is appointed.
Section 4 A vacancy, which may occur of the Board during the year, shall be filled by the Board be temporary appointment.
Section 5 Fifty percent(50%) or more of the Board members, which must include one of either the president or vice-president, lawfully met, shall be a quorum and a majority of such quo- rum may do all things with the powers of the Board.
Section 6 The Board shall frame such by-laws, rules and regulations as appear best adapted to promote the Goals and Objectives of the Center and shall submit them for approval and adoption of a general meeting for the Center.
Section 7 The Board, or, at its request, the President may name committees or designate members of the Board to consider and report upon matters or take such actions as the Board requests Section 8, 9, 10 removed and placed under Duties of the Executive
Section 8 Duties of the Executive
a) President The President shall be the chief Board Officer and give the manage- ment and direction and shall preside at all meetings of the Center and the Board. The President shall vote only in the case of a tie. It shall be the duty of the President to present a general report of the activities of the year at the annual meeting.
b) Vice-President The Vice-President shall act in the absence or the disability of the President, and in the absence of both these officers the meeting shall appoint a Chairperson, from those present, to act temporarily.
c) Secretary The Secretary shall be responsible for keeping minutes, conducting correspondence and shall perform all such duties as properly appertain to that office.
d) Treasurer The Treasurer shall have charge of all funds of the Center and shall de- posit the same in a chartered bank as selected by the Center and of such funds the Treasurer shall pay accounts approved by the Center and shall keep a regular account of the income and expenditures of the Center and submit a statement thereof for presentation to the annual general meeting and at any other time required by the Executive
Article Vl - Disbursement of Funds
Section 1 All cheques written on the current account of the Center shall be signed by two of: President, Vice-President, Secretary or Treasurer.
Article Vll - Meetings
The annual meeting of the GMAC shall be held in the fall of each year at the time and place to be determined by the Board.
Section 2 Regular general meetings of the Center shall be held at least quarterly at the time and place designated by the board.
Section 3 Special general meetings of the Center may be held at any time when summoned by the President, or requested by any three members of the Board, or at any ten members of the Center.
Section 4 The Board shall meet once a month or more often if necessary to carry on the business of the Center.
Section 5 At any annual or general meeting 25 members in good standing or 10% of the membership in good standing, whichever is the higher number, shall be a quorum and, unless otherwise specifically provided, a majority of members present shall be competent to do and perform all acts which are or shall be directed to be done at any such meeting.
Section 7 Minutes of all proceedings of general and Board meetings shall be recorded and en- tered in books to be kept for that purpose by the secretary.
Section 8 The elected directors of the organization have an obligation to be present at monthly meetings. Three consecutive meetings missed without a legitimate reason shall be reason for dismissal, after notification, of the director in question.
Article Vlll - By Laws
Section 1 By-laws to be made, repealed or amended must be approved by a majority of the members of the Center present at any general meeting, notice of such proposal having been given in writing by one member and seconded by another at a previous general meeting and duly entered as a minute of the Center.
Article lX - Fiscal Year
Section 1 The fiscal year of the Center shall commence on the 1st day of April of each year end on the 31st day of March of the following year.
Article S - Special Provisions a) The Corporation shall be carried on without the purpose of gain for its members and any profits or other accretions to the Corporation shall be used in promoting its objects.
b) The Directors shall serve as such without remuneration as no Director shall directly or indirectly receive any profits from his or her position as such; provided that a director may be paid reasonable expenses incurred by him or her in the performance of his or duties.
c) The Corporation will be subject to the Charities Accounting Act and the Charitable Gifts Act.
d) Upon the dissolution of the corporation and after payment of all debts and liabilities, the Board members or if there are no more than five Board members remaining, the Council of the Township of Manitouwadge at an open public meeting; its remaining property shall be distributed, or disposed of first, to charitable organizations which carry on their work within the Township of Manitouwadge, second, within the Riding of Algoma /Manitoulin and third, within the Province of Ontario.
e) The borrowing power of the Corporation pursuant to and by-law passed and con- firmed in accordance with Section 59 of the Corporations Act shall be limited to borrow- ing money for current operating expenses, provided that the borrowing power of the Corporation shall not be limited if it borrows not the security of real or personal property.
f) If it is mode to appear to the satisfaction of the Minister, upon report of the Public Guardian and Trustee, the Corporation has failed to comply with any of the provisions of the Charities Accounting Act of the Charitable Gifts Act, the Minister may au- thorize and inquiry for the purpose of determining whether or not there is sufficient cause for the Lieutenant Governor to make an Order under the subsection 317(1) of the Corporations Act to cancel the letters Patent of the Corporation and to declare it dissolved.
POWER TO SOLICIT DONATION AND GRANTS
For the attainment of the organization’s charitable purpose declared in section 6 of these letters patent, but only as incidental and ancillary thereto:
i) To solicit and receiver donations, bequests, legacies and grants and to en- ter into agreements, contracts and undertakings incidental thereto.
POWER TO RECEIVE PERSONAL PROPERTY
ii) To acquire by purchase, contract, conation, legacy, gift, grant, bequest or otherwise, any personal property and to enter into and carry out any agreements, contracts or undertakings incidental thereto, and to sell, dispose of and convey the same, or any part thereof, as may eye considered advisable.
THE POWER TO HOLD REAL PROPERTY
iii) To acquire by purchase, lease, gift or otherwise, real property and to hold such property or interest therein necessary for the actual use and occupation of the Corporation or for carrying on its charitable undertaking, and when no longer so necessary to sell dispose and convey at the some or any port thereof.
THE POWER TO HIRE
For the attainment of the organization’s charitable purposes declared in section 6 of these letters patent, but only as incidental and ancillary thereto;
vi) To employ and pay such assistants, representatives and employees, and to procure, equip, and maintain such offices and other facilities and incur such reasonable expenses, as may be necessary, provided that the Corporation shall not pay any remuneration to a Director in and capacity whatsoever.