Lake Hill PAC Constitution

Lake Hill School Parent Advisory Council
Constitution and Bylaws
Last Revised: Wednesday, 10 February 2003
Constitution

Name of Organization

The name of the organization shall be the Lake Hill School Parent Advisory Council (LHPAC), as per the School Act – Bill 67 – Division 2.

Philosophy

All parents have the right and responsibility to be involved in their children’s education to ensure an excellent learning environment. Further, the education of students at Lake Hill Elementary School is a shared partnership between the students, the school, the parents, the trustees, and the community.

The council may not discuss School Personnel, individual students, or individual parents.

Mission Statement

We, the staff and parents of Lake Hill Elementary School, are committed to providing a supportive, caring environment, nurturing students’ self-worth, challenging students to individual achievement, fostering respect for all people and inspiring a love of learning.

“At Lake Hill we C.A.R.E.”

Objectives

The objectives of the society shall be:

1) A primary objective for LHPAC will be to enhance communication between: The Parents, School Staff, Community, Administration, and Students

2) To enhance the educational excellence of Lake Hill School through a partnership with administrative staff, teachers, parents and students;

3) To provide a forum to review, discuss, consult, advise, and recommend to the school staff and administration on:

· School policy and procedures

· Programs and services

· Facilities and equipment

· Parent/community education

· Learning resources;

4) To represent the interests of the parents/guardians in an effective and positive manner and participate in the consultation process within the school, school district, provincial level and the community;

5) To contribute to the effectiveness of the school by promoting the involvement of parents and other community members.

6) To contribute to and/or advise on the resources of the school; and

7) To establish policies, where appropriate.

Dissolution

Upon winding up or dissolution of the Society, the assets which remain after payment of all cost, charges, and expenses which are properly incurred in the winding up shall be distributed to such charitable organization or organizations having a similar charitable purpose. This provision shall be unalterable.
Bylaws

Membership and activities of Lake Hill PAC shall be free of commercial, partisan, sectarian, racial, and gender bias.

The Lake Hill PAC is a non-profit organisation, and shall not endorse or recommend any candidate for public office. Small partisan politics or sectarian religion shall not be debated by its members.

The name of the society shall not be used in endorsement of any Publication or Product without authorization of membership.

The name of the society or of any officer, or member, thereof in an official capacity shall not be used to endorse any candidate or partisan cause. Active support, however, may be given to legislative measures for child welfare.
(A) Membership

1) All parents and guardians of students registered at Lake Hill Elementary School shall be automatically voting members of LHPAC.

2) Administration and staff of the school shall be non-voting members.

3) Every member shall uphold the constitution and comply with these by-laws.

4) There are no membership fees.

5) Any member who has failed to pay any debt due and owning by him to the Association is not in good standing, as the debt remains unpaid.

6) A person shall cease to be a member of the society:

a) when his child ceases permanently to be a student at Lake Hill Elementary School;

b) by delivering his resignation in writing to the secretary of the society or by mailing or delivering it to the address of the society;

c) on his death or in the case of a corporation on dissolution;

d) on being expelled; or

e) on having been a member in not good standing for 6 consecutive months.

7) A member may be expelled by a special resolution of the members passed at a general meeting. The notice of special resolution for expulsion shall be accompanied by a brief statement of the reason or reasons for the proposed expulsion. The person who is the subject of the proposed expulsion shall be given an opportunity to be heard at the general meeting before the special resolution is put to a vote.

8) Each family of the society shall be entitled to one vote, regardless to the number of children in the school. Voting shall be by show of hands at meetings or by such other means, as the membership shall from time to time determine.
(B) Meetings

1) General meetings of the society should be held at the time and place that the Board of Directors decide. There must be at least two (2) general meetings per year.

2) Every general meeting, other than an annual general meeting, is an extraordinary general meeting.

3) A general meeting may be called at the request of its members; provided a written notice is provided to the Board of Directors fourteen (14) days in advance of the meeting with an agenda and at least five (5) members’ signature and shall deal only with the business stipulated in the request.

4) Representation from the school administration and school board shall be encouraged at meetings.

5) Notice of a general meeting shall specify the place, day and hour, of meeting, and, in case of special business, the general nature of that business.

6) The first annual general meeting of the society shall be held not more than 15 months after the date of incorporation and after that an annual general meeting shall be held at least once every fiscal year, usually in October, and not more than 15 months after the holding of the last preceding annual general meeting.
(C) Proceedings at General Meetings

1) No business other than the election of a chairperson and the adjournment or termination of the meeting, shall be conducted at a general meeting at a time when a quorum is not present.

2) If at any time during a general meeting there ceases to be a quorum present, business then in progress shall be suspended, until there is a quorum present or until the meeting is adjourned or terminated.

3) A quorum at a general meeting shall constitute 6 voting members of the society or 1/3 of the membership, whichever number is smaller. The number that shall constitute a quorum can be reviewed and revised annually at the Annual General Meeting.

4) For purposes of determining policy, amending the Bylaws or the Constitution, adopting a budget, and electing the Board of Directors, a quorum shall be not less than a majority of the Board.

5) If within 30 minutes from the time appointed for a general meeting a quorum is not present, the meeting, if concerned on the requisition of members, shall be terminated; but in any other case, it shall stand adjourned to the same day in the next week, at the same time and place, and if, at the adjourned meeting, a quorum is not present within 30 minutes from the time appointed for the meeting, the members present constitute a quorum.

6) Subject to the next item of this article the President of the society, the Vice-President or in the absence of both, one of the other directors present, shall preside as chairperson of a general meeting.

7) If at a general meeting:

a) there is no President, Vice-President or other directors present within 15 minutes after the time appointed for holding the meeting; or

b) the President and all the other directors present are unwilling to act as chairperson, the members present shall choose one of their number to act as chairperson.

8) A general meeting may be adjourned from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

9) When a meeting is adjourned for 10 days or more, notice of the adjourned meeting shall be given as in the case of the original meeting.

10) Except as provided in this by-law, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned general meeting.

11) Resolutions proposed at a meeting need to be seconded, and the chairperson of the meeting may move or propose a resolution.

12) A member in good standing present at a meeting of members is entitled to one (1) vote. Any conflict of interest shall be declared by each voting member prior to discussion. Any member so declaring shall not participate in any discussion or any vote, pertaining to the noted conflict.

13) Voting shall be by show of hands at meetings or by such other means, as the membership shall from time to time determine. Voting by proxy is not permitted.

14) In case of an equality of votes, the chairperson shall not have a casting or second vote in addition to the vote to which he may be entitled as a member and the proposed resolution shall not pass.
(D) Directors and Officers

1) The Board of Directors, (or the Board) shall consist of a President, Vice-President, Secretary and Treasurer.

2) The Immediate Past President will act as an ex-officio, entitled to notice of, attend and speak at, but not vote at, Board meetings.

3) The Board of Directors, where necessary, may appoint the following:

a) Class representatives in consultation with school staff and administration;

b) Special advisor(s) who may attend and speak at, but not vote at, Board meetings.

4) No director shall be remunerated for being or acting as a director while engaged in the affairs of the society, unless prior approval is given by its members at a general meeting.

5) No director may use any office for personal profit or gain.

6) The directors may exercise all the powers and do all the acts and things that the society may exercise and do, and which are not by these bylaws or by statue or otherwise lawfully directed or required to be done by the society in general meeting, but subject, nevertheless, to:

a) all laws affecting the society;

b) these by-laws; and

c) rules, not being inconsistent with these by-laws, which are made from time to time by the society in general meeting.

7) No rule made by the society in general meeting, invalidated a prior act of the directors that would have been valid if that rule had not been made.

8) Any director of the society may be removed from office before expiration of his term for good cause by special resolution.

9) The following are grounds for termination of the office of any director:

a) is a member of LHPAC who ceases permanently to be a parent of a student registered at the school;

b) is absent from two consecutive meetings of the Board without prior consent of the Chair;

c) is found to be incapable of managing his or her own affairs by reason of mental infirmity;

d) is convicted of a criminal or other serious offences, and

e) for failure to observe the constitution and bylaws, purposes, or policies of the LHPAC.

10) The Board of Directors may at any time and from time to time appoint a member as a director to fill a vacancy in the Board of Directors. However if the office of the President shall become vacant, the Vice-President shall advance into the position. Directors that are appointed holds office only until the conclusion of the next following annual general meeting, but is eligible for re-election at the meeting.
(E) Proceedings of Board of Directors

1) The Board of Directors shall meet during the year, at such time and place as the Board determine. Special meetings of the Board of Directors can be held when called by the President, or when requested by a majority of the Directors.

2) Any member of the community has the right to attend the Board meetings.

3) The presence in person of a majority of the voting Directors shall constitute a quorum.

4) The President shall be the chairperson of all Board meetings, but if the President is not present within 30 minutes after the time appointed for holding the meeting, the Vice-President shall act as chairperson; but if neither is present the Directors present may choose one of them to be chairperson of that meeting.

5) In the absence of a Secretary from the meeting, the directors shall appoint another person to act as secretary at the meeting.

6) Resolution proposed at a Board meeting need not be seconded, and the chairperson of the meeting may move or propose a resolution.

7) There shall be one vote per position, to facilitate possibly sharing of position. Any conflict of interest shall be declared by each voting member prior to discussion. Any member so declaring shall not participate in any discussion or any vote, pertaining to the noted conflict.

8) Voting shall be by show of hands at meetings or by such other means, as the membership shall from time to time determine. Voting by proxy is not permitted.

9) In case of an equality of votes, the chairperson shall not have a casting or second vote in addition to the vote to which he may be entitled as a member and the proposed resolution shall not pass.

10) The directors may delegate any, but not all, of their powers to committees consisting of director or directors, as they think fit. A committee so formed in the exercise of the powers delegated shall conform to any rules imposed on it by the directors, and shall report every act or thing done in exercise of those powers to the earliest meeting of the directors to be held next before it has been done. Adequate terms of reference including stated purpose, reporting structure and time lines must be approved by the Board.

11) A committee shall elect a chairperson of its meetings, but if no chairperson is elected, or if at a meeting is not present within 30 minutes after the time appointed for holding the meeting, the members of the committee present shall choose one of their number to be chairperson of that meeting.

12) The members of a committee may consist of the directors, members and non-members. They shall meet and adjourn, as they think proper.
(F) Duties of Directors

1) President

a) Chief executive officer of the society and shall supervise the other directors in the execution of their duties;

b) preside at all meeting of the society and of the Board;

c) a member ex-officio of all committees except the nominations committee;

d) in consultation with school staff, administration and other directors ensure an agenda is prepared and presented at all meetings;

e) liaison between parents and staff, and act as official spokesperson for LHPAC;

f) with the Board, set achievable and measurable objectives for the year;

g) attend the principal liaison meeting and monthly staff meeting, when required

h) assess the financial undertakings to ensure they are within the annual budget

i) ensure that the Treasurer submits all required financial reports to the appropriate government agencies

j) ensure that the Secretary submits all annual reports to the appropriate government agencies

k) prepare written annual report for present at annual general meeting

2) Vice-President

a) Support the President and preside at meetings in the absence of the President

b) carry out such duties as may be assigned by the Board or the President.

3) Secretary

a) keep full and accurate minutes of all meetings of the society and of the Board;

b) acts as guardian and repository for all tangible assets of the society

c) maintains official membership list, constitution and bylaws;

d) present a report to the annual meeting of the society;

e) in charge of and conduct all the official correspondence of the society and of the Board.

f) have custody of the minutes of meetings of the society and of the Board and filed at Lake Hill School or pass on to the incoming Secretary.

g) submits all required annual reports to the appropriate government agencies;

4) Treasurer

a) Responsible for all financial and accounting matters of the society;

b) Ensures value-for-money in expenditures and timely revenue collections

c) Prepare and present annual financial statements at annual general meeting, together with the auditor’s report thereon, if any;

d) Provide financial updates at Board meetings, and general meetings, where required;

e) receive, collect and deposit in a bank approved by the society, all funds of the society;

f) submit a proposed annual budget to the Board for approval at general meeting;

g) disburse funds as approved by the annual budget, the Board, or by decision of a general meeting;

h) keep accurate record of all receipts and expenditures;

i) submits all required financial reports to the appropriate government agencies

j) pay by cheque or from petty cash account all bills and accounts which have been approved by the society or the Board.

k) assess all financial undertakings to ensure they are within the annual budget;

l) prepares for audits by external agencies, when required;
(g) Committee and other non-Executive Positions

a) Committees and those holding other non-executive positions are responsible to the LHPAC Executive. Examples of committees are the School Planning Council, Classroom Coordinators, etc.

b) Committee chairs and other non-executive positions can be appointed annually by the President at general meetings, or voted on through election at the discretion of the LHPAC membership as determined at the AGM.

c) Committees and those holding other non-executive positions shall report to the LHPAC meetings as required.
(h) Vacancy on Executive

If any officer resigns during a term in office or if any office is not filled at the time of elections, the Executive may appoint a voting member of the LHPAC to fill the vacancy until election.

(I) Elections

1) The Board of Directors shall be elected at an annual general meeting (AGM).

2) No directors shall be permitted to be in the same office for more than two (2) consecutive terms, except if it is deemed necessary by the general membership.

3) No employee of the Greater Victoria School District shall be eligible to hold the office of President or Vice-president.

4) A Nominations Committee chaired by the immediate past president shall be appointed by the Board at least two (2) months prior to the annual general meeting. Notice of nominations should be distributed to members at least fourteen (14) days prior to the meeting. Nominations may be made from the floor at the annual general meeting.

5) Only members in good standing shall be eligible to be nominated for election.

6) Separate elections shall be held for, each office to be filled.

7) Scrutineers shall be appointed as required by the Nominations Committee chairperson at the time of the elections and a vote shall be taken to destroy the ballots.

8) An election may be by acclimation, otherwise it shall be by show of hands or secret ballot. Voting by proxy is not permitted.

9) In case of an equality of votes, a re-vote of that portion of the election would be undertaken. If the same results, the outgoing President shall cast the deciding vote.

10) The directors shall retire from office at each AGM when their successors shall be elected. If no successor is elected the person previously elected or appointed continues to hold office.
(J) Seal

1) The directors may provide a common seal for the society and may destroy a seal and substitute a new seal in its place.

2) The common seal shall be affixed only when authorized by a resolution of the directors and then only in the presence of the persons prescribed in the resolution, or if no persons are prescribed, in the presence of the President and Secretary or President and Treasurer.
(K) Financial Controls

1) Signing authority is vested in the Treasurer and 2 directors. Any two of these signatures are required for all banking and legal documents.

2) The fiscal year of the Society shall end July 31st.

3) An annual budget, including estimates of revenue and expenditures, shall be prepared by the Board and presented for approval at a general meeting.

4) Any proposed expenditures which is not identified in the annual budget or which exceeds the amount in the annual budget, requires the prior approval of both the Board and a majority of the voting members present at a general meeting.

5) The Board shall have authority to pay variance up to the amount of $300.00 (two hundred dollars) of previously approved budget without the consent of the general meeting.

6) The Board shall have the authority to pay accounts and/or authorize expenditures up to the amount of $300.00 without the consent of the general meeting. Reporting of this expenditure must be made at the next general meeting following the expense being incurred.

7) All funds of the Society will be on deposit in a chartered bank, credit union or trust company that are registered under the Bank Act.

8) The Board shall have power to initiate specific fundraising projects; or seek grants that may be available from governments, charitable foundations and similar sources; provided that neither constitutes nor implies partisan support of any political party or endorsement of a commercial product without the prior approval of the general membership.

9) Except for such costs, charges or expenses as are occasioned by his own willful neglect or default, each Board member of the LHPAC shall be indemnified and saved harmless out of the funds of the LHPAC from and against all expenses incurred or lawsuits brought against him in his capacity as a Board member of the LHPAC.

10) All books of accounts, records and minutes of the LHPAC, other than minutes of in- camera proceedings of the LHPAC, shall be open for inspection by any member at any reasonable time and upon reasonable notice to the Secretary.

11) In order to carry out the purposes of the society the Board may, on behalf of and in the name of the society, raise or secure the payment or re-payment of money or the manner they decide, and, in particular but without limiting the forgoing, by the issue of debentures.

12) No debenture shall be issued without the sanction of a special resolution.

13) The members may be by special resolution restrict the borrowing powers of the Board, but a restriction imposed expires at the next annual general meeting.
(L) Auditor

1) The need for an audit of the financial position shall be discussed at the AGM and an audit may be approved by a majority of the voting members present. Where an audit is approved, an independent auditor shall be appointed without delay, and the auditor’s report presented with the annual budget at the AGM.
(M) Notice to Members

1) A notice may be given to a member

a) either personally or by mail to him at his registered address or

b) by electronic mail or facsimile with the member’s written approval or

c) notice posted at school or sent home through the children attending Lake Hill Elementary School.

2) No other person is entitled to a notice of general meeting.
(N) Bylaws

1) A copy of the Constitution and Bylaws shall remain with the Secretary, filed with School District #61, and be made available on request to any member.

2) The Constitution and these Bylaws may not be rescinded, altered or added to except by special resolution at a general meeting. Such action to amend the Constitution or Bylaws shall require fourteen (14) days written notice of the proposed amendment to all members in good standing, and with a two-thirds (2/3) majority vote of those voting members present at the meeting.

3) The rules contained in the latest edition of Robert’s Rules of Order shall govern all matters of procedure not covered in these Bylaws.
(O) Ethics

1) The LHPAC is not a forum for discussion of individual school personnel, students, parents or any other individual member of the school community.

2) A director who is approached by a parent with a concern relating to an individual is in a privileged position and must treat such discussion with discretion, protecting the confidentiality of the people involved.

3) A parent who accepts a position as a director or sits on a District committee:

a) Upholds the constitution and bylaws, policies and procedures of the VCPAC.

b) Performs her/his duties with honesty and integrity

c) Works to ensure that the well being of students is the primary focus of all decisions.

d) Respect the rights of all individuals.

e) Encourages and supports parents and students with individual concerns to act on their own behalf and provides information of the process for taking forward concerns.

f) Works to ensure those issues are resolved through due process.

g) Discussion of school concerns shall be based on accurate and first-hand information.

h) Respect all confidential information.

4) LHPAC shall strive to attain its objectives in a non-prejudicial manner.

5) Only members of LHPAC who are authorized to do so by the Board or the general membership shall make representation on behalf of LHPAC.