Audit, Commerce & Purchasing (AV)

AUDIT, COMMERCE, AND PURCHASING (AV) GROUP

CONSTITUTION AND BYLAWS

PREAMBLE

These By-Laws, in general, pertain to matters of Group organization not covered by the Bylaws and Regulations of The Professional Institute of the Public Service of Canada and are made pursuant to those Bylaws and Regulations.

DEFINITIONS

AV Group means the Audit, Commerce and Purchasing Group.

Group Executive means the Executive of the Audit, Commerce and Purchasing Group.

Institute and/or PIPSC means the Professional Institute of the Public Service of Canada.

President means President of the Group unless otherwise specified.

Regular Member means those who meet the requirements of Bylaw 3.1.

Retired Member means those who meet the requirements of Bylaw 3.2.

Vice-President means Vice-President of the Group unless otherwise specified.

BYLAW 1 NAME

The name of this Group shall be "PIPSC Audit,
Commerce and Purchasing Group", hereinafter referred to as the Group.

BYLAW 2 GROUP AIM

2.1 The aim of the Group shall be to further the interests of its members by representing them in collective bargaining and in consultation with the employer; to protect the status and standard of their profession; to maintain and promote the effective functioning of the Audit, Commerce and Purchasing members; and to formulate and express the views of the members on matters affecting them. This in no way infringes on the right of an individual to approach the Institute on his own behalf.

BYLAW 3 MEMBERSHIP

3.1 Every member who belongs to the Group and who is a Regular member of the Institute shall also be a Regular member of the Group.

3.2 Every Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group.

BYLAW 4 RIGHTS OF MEMBERS

4.1 All Regular and Retired members (unless specified elsewhere in these Bylaws) shall be eligible to hold office, nominate members for positions on the Group Executive, propose amendments to the Constitution and Bylaws of the Group, and vote in Group affairs.

4.2 All Regular and Retired members shall be eligible to attend and speak at General Meetings of the Group.

4.3 Only Regular members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.

BYLAW 5 GROUP FINANCES

5.1 Fiscal Year The fiscal year of the Group shall be the calendar year.

5.2 Expenditures The Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.

5.3 Group Funds Group Funds will be maintained in an account assigned by the Institute.

5.4 Signing Officers Financial transactions shall require the signatures of any two (2) of the President, Vice-President, Secretary and Treasurer of the AV Group. A written account shall be kept of all expenditures.

5.5 Auditing As required, auditing and verification procedures shall be carried out by members of the Group who are not responsible for the administration of Group funds.

BYLAW 6 GROUP EXECUTIVE

6.1 Role: The Group Executive shall exercise the authority of and act on behalf of the Group on all matters subject to this constitution between general meetings of the Group.

6.2 Composition: The number of Group Executive shall be up to the maximum permitted by the Institute Bylaws, elected by and from the Group members, and will be composed of the following:

6.2.1 A President, a Vice-President, a Secretary, and a Treasurer.

6.2.2 Departmental or Agency Representative
One (1) Departmental or Agency Representative from each of the three (3) largest departments or agencies with the largest member population which will be determined as of December 31st of the year preceding the election and who shall be elected by the members of the respective Department or Agency.

6.2.3 Regional Representative One (1) Regional Representative from each Region of the Institute shall be elected by the members of the respective Regions.

6.2.4 Member-at-Large Should no nominations be received, or should a vacancy occur for a regional or departmental representative, the Executive may appoint a member to the Executive who will be called member-at-large.

6.3 Term of Office The term of office shall be three (3) years.

6.4 Meetings

6.4.1 Regular Meetings: The Group Executive shall meet at least twice a year to the maximum allowed by the Institute. Notice of executive meetings specifying time and place, shall normally be provided three (3) weeks in advance.

6.4.2 Special Meetings: The Group Executive shall meet on the written request of at least seven (7) members of the Group Executive and such meeting shall be held as soon as possible after the request, in a cost effective manner. The agenda shall consist of those items identified in the request.

6.4.3 Observers The President may invite other persons to attend meetings of the Group Executive in a non-voting capacity.

6.5 Quorum A quorum shall consist of a majority of the members of the Group Executive.

6.6 Voting Decisions shall be by majority vote.

6.7 Vacancies

6.7.1 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the next election.

6.7.2 If a position, other than that of the President, becomes vacant for any reason, the remaining members of the Executive may select an eligible member of the Group to fill that vacancy until the next election.

6.7.3 Any member who is absent from two (2) consecutive meetings of the Executive without valid reason shall be considered to have resigned from the Executive.

6.8 Duties

6.8.1 President The President shall represent the AV members across all Departments and Agencies at the national level. The duties and responsibilities shall include, but not be limited to, the following: be the political voice for the AV group within PIPSC; convene Group Executive meetings and preside at all Group Executive and General Meetings; act as Chair of the Bargaining Team; attend meetings of the various committees of the Group or the Bargaining Agent as necessary; ensure the participation/representation of the Bargaining Unit in all non-Executive represented Departments or Agencies in all dealings involving a Deputy Minister, Assistant Deputy Minister, or more than one Director or their equivalent; perform any related duties that may be necessary as the chief elected Officer of the Group.

6.8.2 Vice-President The Vice-President shall assist in the duties of the President; perform the duties of the President in the absence of the President or upon delegation of the President; advise the President, as required, on parliamentary procedure; perform any related duties that may be necessary as an elected Officer of the Group.

6.8.3 Secretary The Secretary shall record and distribute to the Executive and the Institute minutes of all general meetings and Group Executive meetings; keep records of all relevant correspondence; be responsible for notification of meetings; perform other duties as may be assigned by the Group Executive.

6.8.4 Treasurer The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each meeting of the Group Executive and each General Meeting of the Group, submit a detailed financial statement to the Institute as required, and prepare the request for the annual allowance of the Group. Copies of the financial report shall be available to all Group members.

6.8.5 Departmental or Agency Representative
Departmental or Agency Representatives shall act as liaison between the Group Executive and their Departmental or Agency members, represent the interests of all the members, assist in organizing and maintaining Sub-group representation, and perform such duties as may be assigned by the Executive.

6.8.6 Regional Representative To act as liaison between the Group Executive and their Regional members, represent the interests of the members, assist in organizing and maintaining Sub-group representation, and perform such duties as may be assigned by the Executive.
6.8.7 Members-at-Large Members-at-Large shall perform such duties as may be assigned by the Executive.

BYLAW 7 ELECTIONS

7.1 Elections Committee The Executive shall appoint an Elections Committee normally comprised of three members, to receive nominations for positions on the Group Executive, and to conduct the elections. Any member of the Elections Committee who becomes a candidate for office in the same election, shall resign from the Elections Committee.

7.2 Procedure for Nominations

7.2.1 The Elections Committee shall distribute a request for nominations to all members of the Group at least four (4) weeks prior to the closing date for nominations.

7.2.2 Nomination forms must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee. In the event that insufficient nominations are received to fill the vacancies, the Elections Committee shall attempt to obtain the names of additional persons willing and able to serve sufficient to fill the remaining vacancies. If none are forthcoming, the Executive may appoint an eligible member to that position (notwithstanding clause 6.7).

7.2.3 Nominations must be supported by at least two (2) members of the Group and the nominee must indicate a willingness to serve if elected.

7.2.4 The Elections Committee shall scrutinize the nominations for eligibility and, if necessary, arrange for ballots to be distributed to all members eligible to vote in the election.

7.2.5 Ballot Envelopes Ballot envelopes not conforming to the procedures established by the Elections Committee will automatically be rejected, together with the ballot.

7.3 Election Procedure

7.3.1 The Elections Committee shall serve as Returning Officers and shall establish procedures for the efficient conduct of an election, the counting and tabulating of ballots and all matters directly related thereto not otherwise specified in these By-Laws.

7.3.2 Ballots must be distributed at least four (4) weeks prior to the date set as the deadline for the return of ballots.

7.3.3 Ballots must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee.

7.3.4 The candidate receiving the highest number of votes for a position shall be declared elected.

7.3.5 The Elections Committee shall ensure the membership is informed of the results of the election as soon as possible.

7.3.6 The newly elected Executive shall take office as of June 1st of the year of the election.

7.4 Candidates

7.4.1 Candidate Eligibility Only Regular members shall be eligible for election to the Group Executive. To be a candidate for the office of Departmental/Agency Representative or Regional Representative, a Regular member must be employed in the particular Region or Department/Agency. A member cannot be a candidate for more than one (1) office in the same election.

7.5 Election Years

7.5.1 The year after the year divisible by three (3), elections will be held for the President, Secretary, Regional Representative of Atlantic, NCR, B.C./Yukon and two largest Departmental/Agency Representatives.

7.5.2 The year before the year divisible by three (3), elections will be held for the Vice-President, Treasurer, Regional Representatives of Ontario, Quebec, Prairies/N.W.T., and third largest Departmental/Agency Representative.

7.5.3 The year divisible by three (3), there will be no elections.

BYLAW 8 GENERAL MEETINGS

8.1 Annual General Meeting

8.1.1 The Annual General Meeting of the
Group is its governing body, except that it has no jurisdiction in the following areas:

i) the ratification or rejection of contracts;
ii) the selection of collective bargaining method;
iii) the selection of members of the Group Executive.

All members are eligible to attend and speak at meetings.

8.1.2 The Group Executive shall call an Annual General Meeting of the Group once each calendar year. The interval between such meetings shall not exceed fifteen (15) months. Members shall be notified of the meeting and of any proposed changes to this constitution at least four (4) weeks prior to the date of the meeting.

8.1.3 Delegates

8.1.3.1 All members of the Group are eligible to attend and speak at Annual General Meetings. Only delegates shall be entitled to move or second motions or resolutions and to vote at Annual General Meetings. The Institute Policies determine the number of Delegates.

8.1.3.2 Each member of the Group Executive shall be a delegate.

8.1.3.3 The Group Executive shall appoint and/or approve delegates to the AGM

8.1.3.4 The total number of members in each Region and the total number of members shall be based on the Group membership as of the last Group Executive meeting prior to the one (1) month notice of the Annual General Meeting. The membership count shall be that obtained from the Membership Section of the Institute.

8.1.3.5 The delegates in each Region shall be nominated by the Group Executive Officer of the respective area in consultation with the Sub-Groups of the respective areas, giving consideration to Sub-Group populations and degree of member involvement in workplace and Group activities

8.1.3.6 Alternates Any delegate may be represented by an alternate who shall be authorized by the Group Executive Officer from the area represented by the delegate, and, upon filing such authorization with the Group Executive, the alternate shall be entitled to vote and take part as though he/she were a delegate. No person shall carry more than one (1) vote

8.1.4 Quorum Fifty percent (50%) of the delegates in attendance at the beginning of the meeting shall constitute a quorum.

8.1.5 Agenda

The agenda shall include the following items:
Roll Call (members of the Group Executive)
Approval of the Agenda
Adoption of the Minutes of the previous Annual General Meeting
Business Arising from the Minutes
Report of the President
Annual Financial Report
Report of the Elections Committee
New Business, including proposed By-Law amendments.

8.1.6 Voting All delegates present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Decisions shall be by a simple majority vote.

8.1.7 Resolutions
The Annual General Meeting shall consider and vote on resolutions presented to it. Resolutions shall be referred to the Group Executive for action or to the Institute for consideration.

8.1.8 Filing of Documents Each year, following the Annual General Meeting, the Group Executive shall submit a copy of the draft AGM minutes, the annual financial report and the elections report to the Office of the Executive Secretary of the Institute prior to the end of the calendar year.
8.2 Special General Meetings

8.2.1 A Special General Meeting of the Group shall be called by the Group Executive or at the written request of at least 10% of the Group members. The meeting shall be held within six (6) weeks of such call or request.

8.2.2 Discussions at Special General Meetings are confined to the reason(s) for which the meeting was called.

8.2.3 The same requirements shall apply to the notice, quorum, governance, attendance and voting at Special General Meetings as are prescribed for the Annual General Meeting.

8.3 Sub-Group Meetings The Group Executive shall cause a meeting of the Presidents of the Sub-Groups at least once every calendar year, in coordination with an Executive Meeting.

8.4 The duties of the Sub-Group Presidents may include assisting in the selection of delegates from the respective area to the Group Annual and Special General Meetings.

8.5 PIPSC AGM Group Delegates The Group Executive shall have responsibility for the selection of the AV Group delegates for the PIPSC AGM.

BYLAW 9 RULES OF PROCEDURE

At any meeting of the Group or Group Executive, or Committees thereof, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest edition of Sturgis' Standard Code of Parliamentary Procedure available at the meeting.

BYLAW 10 COMMITTEES

10.1 Committees The Group Executive may strike committees as it sees fit to carry out its duties, with the exception of the Bargaining Team, Finance Committee and Elections Committee. All Committees must take direction from and report to the AV Executive and each Committee Chair must be a member of the Group Executive.

10.2 Bargaining Team

10.2.1 The Group Executive shall appoint a Bargaining Team to act on behalf of the Group in bargaining. The Team will normally consist of three (3) CO representatives, three (3) PG representatives, and one (1) AU. The team members will normally remain the same until the signing of the Collective Agreement. The Team shall keep the Group Executive informed of the progress of negotiations and shall receive instructions from the Group Executive.

10.2.2 Only Regular members may serve on the Bargaining Team.

10.3 Finance Committee The Group Executive shall appoint a Finance Committee composed of at least three members of the Group Executive to manage the financial affairs of the Group in accordance with these By-Laws. The Chair of the Finance Committee shall be the Group Treasurer. The Finance Committee shall be responsible f or preparing and presenting budgets to the Group Executive; reviewing income, expenditures and accounts; and supervising and making recommendations to the Group Executive concerning the audit, control and investment of Group funds.

10.4 Auditing Committee The Group Executive may appoint an Auditing Committee, comprising members of the Group who are not responsible f or the administration of the Group funds, to carry out auditing, review, and verification procedures, as required.

10.5 Professionalism Committee The Group Executive may appoint a Professionalism Committee to represent members of the AV Group in all forums, addressing professional accreditation and representation.

10.6 Bylaws Committee The Group Executive shall appoint a Bylaws Committee who will be responsible for reviewing the Bylaws and bringing any of that committee’s suggestions to the Executive for review, and bringing any amendments requested between AV AGMs to the floor of that meeting for approval.

10.7 AGM Committee The Group Executive shall appoint an AGM Committee to act as liaison between the Executive and the Institute, to plan the location of the AGM, review and choose meals, hospitality and any activities outside of the meeting, to assist at the AGM with registration and other duties.

10.8 Communications Committee
The Group Executive shall appoint a Communications Committee to research and write a semi-annual newsletter, which shall be distributed to all members and posted on the web site, as well as working with committees such as the Bargaining Committee to share information with members and other duties as assigned by the Group Executive. Additional newsletters may be released if necessary.

10.9 Elections Committee
See Bylaw 7.1

10.10 Bargaining Committee
See Bylaw 10.2

BYLAW 11 SUB-GROUPS

11.1 The Group Executive may appoint a Sub-group Coordinator. Their duties shall be to report to the Group Executive concerning the activities of the Sub-groups, liaise with the Sub-group Presidents, plan Sub-group Presidents’ Meetings and invite Sub-group Presidents; promote the role of the Sub-group; and perform other related duties in the maintenance of the Sub-groups.

BYLAW 12 CONTRACT NEGOTIATIONS

12.1 Consultation The Group Executive shall consult the members of the Group before the negotiations begin.

12.2 Ratification The Bargaining Team shall submit the Tentative Agreement to the Group Executive for consideration. If a majority vote of the Group Executive is in support of any Tentative Agreement, the Tentative Collective Agreement will then be submitted to the general membership for approval or rejection. Ratification is subject to a majority vote of the Regular members voting.

12.3 Joint Bargaining When the Group participates in joint bargaining, the Institute By-Laws and Regulations regarding ratification in joint bargaining will take precedence
over Group By-Law 12. When the Group participates in joint bargaining, representation on the Bargaining Team shall be in accordance with the rules and procedures adopted for joint bargaining by the Institute.

BYLAW 13 SUPPLEMENTAL FEE / LEVY

13.1 Where, in the judgement of the Group Executive, extra services are required for the conduct of the business of the Group above and beyond those being provided by the Institute, a supplemental fee/levy for the provision of such extra services may be proposed by the Group Executive. This shall be subject to ratification by postal ballot by Regular and Retired members, and subject to approval as provided for in the Bylaws of the Institute.

13.2 A request for a supplementary levy shall require a majority vote of a mail-in vote of the members.

13.3 The results of the vote, whether passed or defeated, shall be disclosed to the members in a Group newsletter.

BYLAW 14 CONSTITUTION AND BYLAWS

14.1 These Bylaws may be amended at a General Meeting of the Group. Approval of proposed amendments requires a simple majority of those voting.

14.2 All proposals for amendments to these ByLaws shall be submitted, in writing, to the Group Executive. Proposed amendments may be submitted by any member of the Group. The notice of the Group meeting at which the amendments will be considered, shall include:

a) the article to be amended; and

b) the new wording.(See Bylaw 8.1.2)

14.3 New Constitutions and Bylaws, as well as any amendments, shall be submitted to the Institute Bylaws and Policies Committee for review.

14.4 This Constitution and Bylaws and any amendments thereto shall take effect upon ratification by the Group membership and approval by the Institute.

BYLAW 15 DISCIPLINARY MEASURE

15.1 Disciplinary measures may be taken in accordance with the By-Laws and Regulations of the Institute.

BYLAW 16 REGULATIONS

16.1 The Group Executive may make such Regulations and any amendments thereto, not inconsistent with these By-Laws, as it deems necessary or convenient for the operating of the Group.

16.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval. They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.

16.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting. These constitute changes to the Regulations and shall be subject to Article 16.2.

BYLAW 17 REFERENDA

17.1 A resolution shall be put to the members for a vote if five percent (5%) of the members so request, or at the discretion of the Group Executive.

17.2 A resolution is binding on the Group Executive if passed by a majority of the members voting.

BYLAW 18 LANGUAGE

English and French shall be the official languages of the Group. The English and French texts of this Constitution and Bylaws shall be valid in either language provided that, in the event of a difference in interpretation between the English and French texts, the language of the text of origin shall govern. The original language of these By-Laws is English.

BYLAW 19 CONTEXT AND GENDER

In this Constitution and Bylaws, expressions in the masculine or feminine, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and Bylaws.

Approved by the Board of Directors
June 23, 2010

Approved by the Board of Directors
June 23-24, 2011