BRANCH BY-LAWS    

TRAFALGAR/PRO PATRIA BRANCH  

(BRITISH COLUMBIA/YUKON BRANCH NO. 292)

1. AIMS AND OBJECTS

1.1 The purposes and objects of the Branch shall be those as set forth in the “Act” and in the introduction to “The General By-Laws of The Royal Canadian Legion”.

2. INTERPRETATION

2.1 In these By-Laws, unless the contexts otherwise require, the word "Act" means "An Act to Incorporate The Royal Canadian Legion” and amendments.

2.2 In these By-Laws unless the contexts otherwise require, the term “General By-Laws means “The General By-Laws Of The Royal Canadian Legion” and amendments.

2.3 "Legion" or "Dominion Command" means "The Royal Canadian Legion" or "The Dominion Command of The Royal Canadian Legion," respectively.

2.4 "Branch" means "Trafalgar/Pro Patria, British Columbia/Yukon No. 292 Branch of The Royal Canadian Legion".

2.5 In these By-Laws, all references to "General Meetings" or "approval of the General Membership" are to be considered "duly constituted General Meetings".

2.6 In these By-Laws words indicating the masculine import the feminine.

3. MEMBERSHIP

3.1 All applicants for membership in the Branch shall be subject to the restrictions and fall within the classes set forth in Article II of the General By-Laws.

3.2 Applications for original membership or reinstatement shall be dealt with as set forth in Article II of the General By-Laws.

3.3 Expulsion or suspension of members for cause shall be carried out by the Branch, according to the provisions of Article III of the General By-Laws.

4. DUES

4.1 The annual dues payable by the members shall be determined from time to time by a vote of the eligible members present at a General Meeting in accordance with Article VI of the General By-Laws.

4.2 Notice of Motion to be posted one(1) month prior to the meeting at which it is to be considered.

5.   NOMINATIONS

5.1 At least two months before the election meeting, the Branch will "elect" a Nominating Committee of three members, or a Chairman, who will then appoint two other members, which will form the nominating committee upon approval of the General Membership. As members are nominated by the Nominating Committee, the name and position shall be posted on the notice Board. The members of this committee should have signified they do not intend to stand for office. However after being been stood down any member of the nominating committee can be nominated from the floor.

5.2 At the Regular General Meeting prior to the election meeting, the committee shall present a list with a maximum of one candidate for each office. The candidates must be voting members in good standing and are not employed by the Legion. This shall not prevent any nomination of similar candidates from the floor at that meeting or the election meeting.                                                  

5.3 If a nominee is unable to be present at the election meeting, he must have signified in writing, his willingness to stand for the office for which he has been or is being nominated.

5.4 No member shall be eligible to be elected President or a Vice President unless he has served one full term on the Branch Executive within the three terms immediately preceding the elective term.

5.5 No member shall be eligible to be elected to the Branch Executive unless he has been a member of The Royal Canadian Legion in good standing for a period of one year immediately preceding the elective term.

6. ELECTIONS

6.1 All Branch elections shall be conducted under the plurality vote procedure.

6.2 The following Officers and Executive Members shall be elected each year at the General Meeting in the month of December in the following consecutive order:

6.2.1
A President
A First Vice President
A Second Vice President
A Recording Secretary
A Treasurer (who will by virtue of his office be chairman of the Finance Committee
A Sergeant At Arms
Seven (7) Executive Members

6.3 All the elected members of the Executive along with the Immediate Past President, all of who must be voting members in good standing of the Branch and who are

not employed by the Legion, shall form the Executive Committee of the Branch.

7. VACANCIES

7.1 All vacancies are to be filled with voting members of the Branch who are in good standing and are not employed by the Legion.

7.2 If a vacancy occurs in the office of the Immediate Past President, the position shall be filled in accordance with Article I (114(c)) and Article VI (614(c)) of the General By-Laws.

7.3 Any vacancy on the Executive Committee, except in the offices of President, a Vice-President or Treasurer, shall be filled by nomination and election at the next General Meeting, following the occurrence of the vacancy. The successful nominee will hold office until the end of the elective term, provided however, that if the vacancy occurs during the last six months of any elective term, the Executive Committee may fill the vacancy by appointment subject of General Meeting Approval.

7.4 If a vacancy occurs in the office of President or a Vice-President, the Vice-Presidents will move up in accordance with their seniority of office so that nomination and election will occur in the lowest ranking Vice-Presidency.

7.5 If a vacancy occurs in the office of Treasurer, the position shall be filled by nomination and election at the next General Meeting, following the occurrence of the vacancy and the successful nominee will hold office until the end of the elective term.      

7.6 Should any member of the Executive Committee, be absent from three consecutive meetings of either the Executive Committee or the Branch, or a combination of both, without an excuse satisfactory to the Committee, he shall cease to hold office and his place shall be filled as laid down in Section 7.1, 7.2, 7.3, 7.4 or 7.5.                                                        

7.7 A member removed from the Executive Committee under the terms of Section 7.6 or a member who resigns from the Executive Committee, shall not be eligible to be elected to Branch office for the remainder of that elective term.

8. EXECUTIVE COMMITTEE DUTIES

8.1 The Executive Committee of the Branch shall have the power to administer the affairs of the Branch, subject to direction by and approval of the General Membership.

8.2 Pursuant to Section 8.1 of this Article, the Executive Committee, or any individual member thereof, and any standing or special committee or sub-committee of the Branch shall not make any expenditures, changes in policy, nor borrow any money, nor pledge any assets of the Branch without prior approval of a meeting of the General Membership, save only for:

8.2.1 The normal operating expenses of the Branch such as payment for taxes, utilities, staff salaries and wages, and for those items previously approved by the Branch General Meeting as part of the yearly budget: or                                  

8.2.2 Emergency repairs to, or replacement of, equipment required for continuance of the operation of the administration, amenities or programs of the Branch and in respect of which such repair or replacement could not be held over to the next General Meeting provided the General Meeting is so informed at the next General Meeting immediately following such item of emergency expenditure: and

8.2.3 Wherever the cost of any repair or replacement exceeds $ 2,000.00 bids should be solicited from at least two (2) suppliers of the service and/or product.

8.3 The Executive Committee shall have the power to appoint a salaried Secretary/Manager and/or such other employees as are necessary to the operation of the Branch, provided the positions have been authorized at a General Meeting of the Branch. They may be dismissed for cause by the Executive Committee, however, the Executive Committee may delegate to the Secretary/Manager, authority to dismiss, for cause, any persons(s) employed in the licensed premises operation.

8.4 No written agreement for hiring shall be for more than one year.

8.5 Such appointments must at all times conform to, and not to be in conflict with, the Branch officers named/identified in Article VI and, any change in the job description of any salaried employee must also conform to Article VI and be authorized by the General Membership.                                                                                                              

8.6 The Executive Committee shall ensure that all officers, employees or agents responsible for Branch funds are adequately bonded. It shall also ensure that the Chairmen of all fund-raising campaigns submit at all times, immediately upon completion of the project and interim if required, complete reports which shall include a detailed breakdown of all receipts and expenditures.          

9. OFFICER’S DUTIES

9.1 PRESIDENT

9.1.1 The President shall, within fourteen (14) days after assuming office, appoint a Padre(s) and Honorary President subject to Executive Meeting approval.

9.1.2 The President (unless there is an appointed Chairman) shall preside at all meetings of the Branch and Executive Committee and shall conduct these meetings in accordance with the procedure laid down in the current edition of "Rules of Procedure for Legion Meetings." (Provisions of this section shall not, however, prevent the First Vice-President from chairing a meeting on an occasional basis with the support and guidance of the President).

9.1.3 Public statements in connection with Legion affairs shall be restricted in accordance with the provisions of Article I of the General By-Laws.

9.1.4 In the absence or disability of the President, all rights and powers vested in him shall, for the time being, be vested in the Vice-Presidents in accordance with their seniority of office.

9.1.5 The President shall exercise general supervision and control over the affairs of the Branch and with the Secretary/Manager, shall sign all papers and documents requiring signatures on behalf of the Branch.    

9.2 RECORDING SECRETARY

9.2.1 The Recording Secretary shall keep a record of the proceedings of all meetings, and shall present all necessary correspondence at meetings.

9.3 SECRETARY/MANAGER

9.3.1 The Secretary/Manager shall conduct all necessary correspondence and perform such other duties as pertain to his position and shall act at all times at the will and direction of the Executive Committee.

9.3.2 Subject to Article I of the General By-Laws, the Seal of the Branch shall be in the custody of the Secretary/Manager and the seal shall not be affixed to any instrument except as authorized by the Executive Committee and when so authorized, shall be affixed to any instrument by the President in the presence of the Secretary/Manager

9.4 TREASURER

9.4.1 The Treasurer shall ensure that a true account is kept of all monies received and paid out by the Branch and of all financial transactions. He shall cause to be deposited all funds of the Branch in a recognized financial institution approved by the Executive Committee. Bookkeeping procedures shall be in accordance with Article I of the General By-Laws.

9.4.2 All monies in excess of $300.00 payable by the Branch, (with the exception of gaming and lottery payouts and in accordance with lottery contracts) shall be paid by cheque signed by the President together with the Treasurer. Provided however, that in the absence or disability of either of these regular signatories, the Secretary/Manager or the Assistant Secretary/Manager shall sign in place of either, and in the absence or disability of both regular signatories, the Secretary/Manager or the Assistant Secretary/Manager shall sign together with the First Vice President. The duly authorized signatories will sign in connection with all Branch accounts. Under no circumstances will cheques be signed only by the Secretary/Manager and the Assistant Secretary/Manager.

9.4.3 Electronic banking and telephone banking is permitted. To be consistent with the approval process of invoices paid by cheques the following should be noted. The duly authorized signatories must affix their signatures and date on the invoices paid electronically (internet or telephone). Only after the invoices have been authorized can payments be made. Copies of the invoices paid electronically must have the confirmation of payment number recorded on the invoices to verify payment.

10. COMMITTEES

10.1 STANDING COMMITTEES

The following Standing Committees may be appointed each year.

1. Finance
2. Membership
3. Pension & Welfare
4. Ways & Means
5. Sick Visiting
6. House
7. Sports
8. Entertainment
9. Poppy Fund
10. Legion Seniors
11. Public Relations
12. Youth
13. Honours & Awards
14. By-Laws
15. Special Events
16. Building

10.1.1 The Chairman of each of these standing committees may be appointed by the President subject to Executive Meeting approval.

10.1.2 The Chairman of each of these committees shall appoint their committee members subject to the approval of the President.

10.2 FINANCE COMMITTEE

10.2.1 The Finance Committee shall compile or cause to be compiled by the Treasurer in co-operation with other person(s) responsible for Branch funds, a monthly written operating and financial statement for presentation to the General Membership.

10.2.2 The Finance Committee shall compile or cause to be compiled by the Treasurer in co-operation with other Chairmen or person(s) responsible for Branch funds, a yearly budget for adoption at the annual meeting. In the event it is not available at this time, it should be presented for adoption no later than the March General Meeting.

10.3 SPECIAL COMMITTEES

10.3.1 Special Committees may be set up by the President or Executive Committee as may be deemed necessary for the proper conduct of the Branch subject to Executive Meeting approval. All such special committees shall automatically be discharged immediately upon the completion of their functions.

10.3.2 The chairman of each of these committees shall appoint their committee members subject to the approval of the President.

11. EXECUTIVE COMMITTEE MEETINGS

11.1 The Executive Committee shall meet at least once a month.

11.2 A quorum shall be a majority of the Executive Committee.

11.3 A special executive meeting shall convene at the call of the President on 48 hours notice.

11.4 Any three (3) members of the Executive may, by writing, require the President to call a meeting of the Executive, providing the reason for a “special" meeting is conveyed to all Executive Committee members at the time the meeting is called. Such meeting to be held within seven days of the request.

11.5 The minutes of all Executive Committee meetings shall be presented for information at the next General Meeting of the Branch. Except for any material pertaining to Section 8.3, any member shall have the right to question any item covered by these minutes for clarification.

12. BRANCH MEETINGS

12.1 The usual place of meetings shall be at Trafalgar/Pro Patria, British Columbia/Yukon Branch No. 292 of The Royal Canadian Legion.

12.2 The annual general meeting of the Branch shall be held within the first three months of each calendar year, at which written annual reports and an audited statement covering the previous calendar year's operation shall be presented for adoption. Auditing procedures shall be in accordance with Article VI of the General By-Laws.

12.3 Regular General Meetings shall be held each month, with the exception of July and August, on a date set by the General Membership.

12.4 Special General Meetings of the Branch may be called at any time by the President, but shall be called by him if requested by a majority of the members of the Executive Committee or by any 25 voting members of the Branch who are in good standing. Any notice calling such meeting shall briefly set out the general purpose for which the meeting is being called and seven days notice shall be given of any such meeting in accordance with the “Rules of Procedure for Legion Meetings” publication.                                                                                        

12.5 At any meeting of the Branch, either special or general, a quorum shall be 25 voting members of the Branch who are in good standing.   All questions shall be decided by a vote, the classification of which shall be as stipulated in the "Rules of Procedure for Legion Meetings" publication.

13. BRANCH PROPERTY

13.1 The real and personal property held or acquired by the Branch shall be held in the name of the Branch. This is in accordance with Chapter 53 of the Statutes of British Columbia 1956, as amended and covering the holding of property by Legion Branches.

13.2 If any member willfully or negligently damages any property of the Branch or by his actions is responsible for same, the Executive Committee shall assess the damage and he shall be required to pay for the damage or replacement. If not satisfied with the assessment, appeal may be made to the next General Meeting.

13.3 If any guest of the Branch, willfully or negligently damages any property of the Branch or by his actions is responsible for same, the Executive Committee shall assess the damage and the guest or his sponsor shall be required to pay for the damage or replacement. If not satisfied with the assessment, an appeal may be made in person to the Executive Committee at their next meeting.

14. AUXILIARIES

14.1 The Branch may cause to be set-up, a Ladies Auxiliary, in accordance with Article VIII of the General By-Laws.

14.2 The Branch may cause to be set up, a Junior Auxiliary, in accordance with Article VIII of the General By-Laws.

15. RULES OF PROCEDURE

15.1 In all matters of procedure not provided for in these By-Laws, the provisions of the "Rules of Procedure for Legion Meetings" publication shall apply. In all cases where these rules do not make adequate provision, then and then only, "Robert's Rules of Order" publication as amended shall apply.

16. BY-LAWS

16.1 These By-Laws shall not be repealed, altered or amended except upon a motion, due notice of which shall be given at the General Meeting of the Branch held previously to the meeting at which same is to be considered, setting forth the alteration or amendment signed by the member presenting same. The question shall be decided by a majority vote.

16.2 These By-Laws and such amendments as may be made from time to time shall come into force and be acted upon only when approved by British Columbia/Yukon Command.