WESTSHORE COMMUNITY CONCERT BAND CONSTITUTION

Name

      1  The name of the band is the Westshore Community Concert Band.

Purposes

      2  The purposes of the band are

                  (a)  to provide an area where musicians can gather to enjoy playing music, and to endeavour to better the musical capabilities of the members, and

                  (b)  to provide a band representative of the Westshore area, available for civic and charitable functions.

West Coast Community Development Association

      3  The band operates under the auspices of the West Coast Community Development Association.

BYLAWS

Definitions

      1  In these bylaws:

          “annual general meeting” means the last general meeting of the band members in each fiscal year, to be held in June;

          “band” means the Westshore Community Concert Band;

          “executive” means the directors of the band as described in section 14 (1);

          “fiscal year” means the period June 1 to May 31 each year;

          “general meeting” means practices of the band, and includes special general meetings called under sec­tion 10 (3);

Membership

      2  Except as set out in section 3, applicants for membership must support the purposes of the band, and

                  (a)  have a minimum of 3 years playing experience and

                         (i)  be enrolled in grade 11 or higher, or

                        (ii)  have left school, or

                  (b)  be admitted by the executive on the recommendation of the conductor.

Member in good standing

      3    (1)  A member must

                  (a)  abide by the constitution and bylaws of the band,

                  (b)  conduct himself or herself at band functions in a manner which will not be prejudicial to the inter­ests of the band,

                  (c)  put forth his or her best musical effort, and

                  (d)  be punctual at all practices and concerts and attend them regularly.

            (2)  A member ceases to be in good standing

                  (a)  on failing to pay his or her membership dues within the time limit set in section 8 (2), or

                  (b)  on expulsion under section 6.

Application for membership

      4    (1)  Initial applications for membership in the band must be presented in writing, on a form provided by the band, to the secretary.

            (2)  The executive, by a majority vote, may refuse membership to any individual whose membership the executive feels would                          be prejudicial to the interests of the band, and should the executive so refuse the application the secretary must advise

                         the applicant in writing of the refusal.

            (3)  A refusal of membership under subsection (2) may be overruled if 75% of the members present at a general meeting vote to

                        accept the applicant.

Non-members

      5  A person who is not a member of the band may participate in band functions until membership dues become payable, and a person who begins participation after the normal start of the band season may participate for 4 weeks on a trial basis after which  dues become payable.

Termination of membership

      6    (1)  If a member’s conduct is deemed prejudicial to the interests of the band, the executive, by a unanimous vote, and after consultation with the member, may expel the member, it being understood that rein­statement, on appeal of the member, is possible either

                  (a)  by a 75% majority vote of members present at a general meeting, or

                  (b)  by a majority vote of the executive.

            (2)  A member may be expelled for such misdemeanors as theft, abuse of band property, non-payment of dues, or chronic absence from practices or concerts without reasonable cause.

            (3)  In subsection (3), “chronic absence” means 3 unexcused absences from practices in a 5-month period or one unexcused absence from a concert.

            (4)  A person ceases to be a member of the band

                  (a)  by delivering his or her resignation verbally or in writing to the secretary or by mailing or delivering it to the address of the band,

                  (b)  on being expelled,

                  (c)  after being not in good standing for 9 consecutive months, or

                  (d)  on the member’s death.

Register of members

      7  The secretary must keep a register of all members containing the following information:

                  (a)  full name;

                  (b)  full resident address;

                  (c)  telephone number and e-mail if available;

                  (d)  instruments played;

                  (e)  date of admission as a member;

                  (f)   date of cessation of membership.

Dues

      8    (1)  The amount of annual dues will be proposed by the executive, bearing in mind the best interests of the band and the achievement of its objects, and any increase in dues must be voted on by the members in a general meeting.

            (2)  The band’s season commences on September 1 in each year and dues are payable within 4 weeks after the first practice.

            (3)  If a member has not paid dues within 3 months membership automatically lapses, and the member will not be eligible for any band  functions.

            (4)  The executive may reduce or waive membership dues if a member demonstrates significant financial need.

Inspection by members

      9   (1)  The executive must keep a copy of the constitution and bylaws available for the perusal of any member on request.

            (2)  The executive must make the books and records of the band available for inspection

                  (a)  by any member within one week of a request, and

                  (b)  at the annual general meeting.

Meetings

    10    (1)  The annual general meeting must be held in June of each year.

            (2)  The executive must decide the time and place of the annual general meeting and give 14 days notice to each member, either in person or by e-mail or at the member’s most recent address on file with the sec­retary.

            (3)  Special general meetings may be called by the president with the consent of the executive, or on request of at least 35% of the members, and notice of such meetings must be given to all members as set out in subsection (2).

            (4)  Meetings of the executive must be held monthly.

Quorum

    11  A quorum at any meeting is 25% of the members.

Voting

    12    (1)  Voting may be by show of hands or, at the request of any member, by secret ballot, and the secretary must record the numbers of votes for or against a question and the number of members abstaining.

            (2)  Except as specified in sections 4 (3), 6 (2) (a), 16 (3) (b), 20 (1) and 22 (1), all questions may be settled by a simple majority vote.

            (3)  Proxy voting is not permitted.

            (4)  Absentee voting is permitted under the following conditions:

                  (a)  the member must be a member in good standing;

                  (b)  the absentee ballot may only be used on questions for which the member had previous notice, and the specific question must be specified on the ballot;

                  (c)  the absentee ballot must be in writing and be given to the executive at least 24 hours before the general meeting at which the resolution is to be taken;

                  (d)  the absentee ballot must be opened at the general meeting and included in the final tally and, except in the case of a secret ballot, its contents made known to the members present.

Executive – election of

    13    (1)  All directors are elected for one year terms, or until the next annual general meeting.

            (2)  Nominations will be accepted for 2 weeks prior to and including the date of the annual general meeting at which elections will take place.

            (3)  If a nominee is not present at the annual general meeting his or her acceptance, in writing, must have been obtained beforehand by the executive.

            (4)  A member of the executive must not hold office in the same position for more than 3 consecutive years.

            (5)  Any vacancy occurring on the executive may be filled for the remainder of the term by election at a special general meeting called for the purpose.

Executive – duties of

    14    (1)  The band is administered by an executive composed of president, vice-president, secretary, treasurer and 2 other directors.

            (2)  The conductor may attend executive meetings at the request the president, but has no voting privileges.

            (3)  Members and directors will not be paid any remuneration for services rendered to, or on behalf of, the band, but the executive or membership may authorize the payment of a member’s out-of-pocket expenses if such payment appears to be in the band’s best interest.

            (4)  The executive may appoint committees for specific purposes, and the chair of any such committee, if not a member of the executive, may attend executive meetings at the request the president.

            (5)  The directors are responsible for the following duties:

                  (a)  the president must preside at general meetings and executive meetings and may have a deliberative vote;

                  (b)  the vice-president must assist the president, and in the absence of the president must assume the president’s duties;

                  (c)  the secretary must

                         (i)  ensure that regular meetings are held and keep minutes of all meetings,

                        (ii)  attend to any correspondence and bring it to the attention of the executive as soon as possible, and

                       (iii)  have charge of the minutes and records of the band;

                  (d)  the treasurer must

                         (i)  receive and bank moneys collected from the members of the band or from other sources,

                        (ii)  keep accurate accounts of assets, revenues and expenditures,

                       (iii)  present complete financial statements at the annual general meeting, and

                       (iv)  perform any filings required.

                  (e)  the other directors are responsible for whatever duties the president may delegate to them.

            (6)  If a question arises for a vote in which a director might be seen to have a conflict of interest, the direc­tor must abstain from voting on the question.

            (7)  It is the responsibility of the retiring executive to account for all music and other property at the end of each fiscal year.

Conductor – duties of

    15    (1)  The conductor

                  (a)  is responsible for conducting the band at rehearsals and other events such as concerts and must arrange for a substitute to conduct in his or her absence, and

                  (b)  must endeavour to better the musical ability of the band.

            (2)  In consultation with the executive, the conductor is responsible to the band for

                  (a)  the philosophical and musical direction and growth of the band,

                  (b)  arranging concerts, and

                  (c)  programming of concerts.

            (3)  In matters of policy the conductor is subject to the decisions of the executive.

            (4)  The honorarium of the conductor is to be decided by the members with guidance from the executive.

Conductor – term of

    16    (1)  The conductor is appointed for a term of 3 years (each year running from September 1 to August 31).

            (2)  The conductor must give 60 days notice if he or she wishes to resign the position.

            (3)  The executive may,

                  (a)  after 60 days notice, and

                  (b)  with the approval of at least 51% of the members,

dismiss the conductor for just cause or unusual circumstances relating to the conductor’s competence.

            (4)  If the conductor resigns before the end of the term the executive may appoint an interim conductor until the selection process described in section 17 can be carried out.

Conductor – selection process

    17    (1)  In January of the third year of the conductor’s term of appointment, the executive must conduct a vote of the members to determine whether to initiate the selection process for a new conductor.

            (2)  To initiate the process, the required majority is 51% of the members at the meeting.

            (3)  If the required majority of members under subsection (2) vote to initiate the selection process, the executive must seek out qualified conductors, including the incumbent conductor, who wish to be con­sidered for the position, and members may then vote for a conductor from the resulting list of candi­dates.

            (4)  If there are more than 2 candidates for a position, and if no one candidate receives more than 50% of the vote, the candidate with the fewest votes must drop out and a new vote must be taken until one can­didate receives more than 50% of the total votes.

Conductor – probationary period

    18  A new conductor selected under section 17 is subject to a one year probationary period, at the end of which the members must vote to commence the term of appointment set out in section 16 (1).

Borrowing power

    19  The band has no borrowing power with respect to funds but must operate on a cash basis.

Constitution and bylaws – alteration of

    20    (1)  Any alteration of the bylaws of the band must be effected only by resolution passed by the band at a general meeting and requires a majority vote of 75% of the members present.

            (2)  Notice of motion to alter the constitution or bylaws must be given to the members at least 14 days before the general meeting at which it is proposed to alter them, and any proposals for alteration must be presented to the secretary at least 4 weeks prior to the general meeting.

Rules of Order

    21  If any situation arises which is not covered by the constitution and bylaws the determining authority will be Roberts’ Rules of Order, and the secretary must keep a copy available for consultation at all meetings.

Dissolution

    22    (1)  A vote to dissolve the band must be passed by 75% of the members.

            (2)  In the event of the winding up and dissolution of the band, the executive in office at the time of disso­lution are responsible to the membership for preparing a complete and accurate accounting of the band’s assets and liabilities.

            (3)  The executive must, as soon as practicable, pay any outstanding debts from band funds.

            (4)  Assets are to be held no less than 3 months and no longer than 3 years, pending possible revival of the band.

            (5)  If the band is not revived during the period described in subsection (4) the executive must transfer the remaining assets to an existing musical organization with purposes similar to those of the band.

New Members are always welcome. For more information contact us at westshoreband@hotmail.com.