ALGIM Constitution

 

1.    NAME, OFFICE AND STATUS

 

1.1     The name of the Society shall be the “Association of Local Government Information Management Incorporated”.

 

1.2     The registered office of the Society shall be the office of the Executive Director of the Society.

 

1.3.    The Society shall have perpetual succession and a common seal, and in its corporate name and title shall be able to do and suffer all that corporate bodies may do and suffer.

 

 

2.    OBJECTIVES

 

2.1     To encourage better Information and Technology management within local government by:

 

2.1.1     providing services furthering the development of Information & Technology Management;

 

2.1.2     providing a coordinated approach to the use of Information Technology in all areas of Local Government with the purpose of insuring that maximum benefits are gained in a cost effective manner;

 

2.1.3     encouraging the exchange of information relating to the principles and practice of good local government Information and Technology management;

 

2.1.4     initiating and facilitating Information and Technology research and the publication and distribution of information, products and services;  and

 

2.1.5     providing informed comment, advice and advocacy on the development of best practice standards affecting local government Information and Technology management.

 

2.2     To maintain and improve the standard of professional conduct by its members.

 

2.3     Generally to promote, foster, encourage and develop Information and Technology management.

 

2.4     To acquire, maintain, develop, dispose of, let, lease, hire or rent real or personal property.

 

2.5     So far as it may be necessary to do so, for or incidental to the purposes of the Society:

 

2.5.1     to make, draw, accept, endorse, or negotiate cheques, promissory notes, bills of exchange, or other negotiable instruments;

 

2.5.2     to borrow or raise money in any such manner as the Society may think fit, and in particular by mortgage or debentures or other securities, with power if need be to charge such mortgages, debentures, or other securities upon all or any of the property of the Society present or future;

 

2.5.3     to invest money of the Society and to deal with investments so made in such manner as the Society thinks fit.

 

2.6     To do all such other things as may appear necessary or desirable within the provisions of the Incorporated Societies Act 1908 and its amendments.

 

3.    MEMBERSHIP

 

3.1     Definition

 

3.1.1     In these rules, the expression “Local Authority” shall mean a "territorial authority" or "regional authority" as set out in the Local Government Act 1974 or Local Government Amendment Act 1992, and shall include a LATE (Local Authority Trading Enterprise).

 

3.2     Classes of Membership

 

3.2.1     Ordinary

 

3.2.1.1  A Local Authority may become an Ordinary Member upon payment of the annual subscription under 4.1.1.

 

3.2.2     Associate

 

3.2.2.1       Any other vendor, supplier or associated organization that is approved by the Society at an Annual General Meeting may become an Associate Member.

 

3.2.2.2       The Society may from time to time at an Annual General Meeting by resolution create amend or delete any categories of associate membership and determine the extent of their rights and privileges.

3.2.3     Life

 

3.2.3.1       On the recommendation of the Executive, and circulated to all members at least 14 days before any Annual General Meeting, any person may at that meeting be elected a Life Member of the Society in recognition of distinguished service to the Society or any organisation that may have preceded it.

 

3.2.3.2       Life Members shall be entitled to attend all General Meetings and conferences with the right to take part in proceedings and vote on matters under consideration, but shall not be liable for payment of annual subscriptions or levies.

 

3.2.4     Honorary

 

The Executive may, at its discretion, confer honorary membership upon:

 

 

3.2.4.1       Any person who, in the opinion of the Executive, has given or is giving exceptional service to the advancement of Local Government, or the Society. Membership under this subclause shall be free of liability for the payment of annual subscriptions or levies.

 

3.2.4.2       Honorary Members shall neither vote nor hold office in the Society, but shall enjoy all other rights of membership.

 

3.3     Transitional

 

3.31      People who were individual members prior to 30 June 2004 shall cease to be members on that date.

 

 

4.    SUBSCRIPTIONS AND LEVIES

 

4.1     Payment of Subscriptions and Levies

 

4.1.1     All members, other than Life Members and Honorary Members elected under rules 3.2.3 and 3.2.4 shall pay such annual subscriptions, and such levies imposed for a specific purpose, as shall be fixed by the Executive from time to time.

 

4.2     Special Levies

 

4.2.1     In exceptional circumstances, the Executive may, with the agreement of a majority of members ascertained by way of postal ballot, impose a levy for a specific purpose.

 

4.3     Suspension for Non-payment

 

4.3.1     Any member whose subscription and levies remain unpaid after three months of any due date as shall be fixed by the Executive, shall thereupon be deemed to be suspended from membership of the Society.

 

4.4     Liability to Continue During Suspension

 

4.4.1     Suspension of membership under this rule shall not free any member from liability for payment of all money due to the Society.

 

4.5     Reinstatement Once Outstanding Fees Paid

 

Reinstatement of any member suspended under rule 4.3 hereof shall be complete when:

 

4.5.1     Any fees outstanding have been paid, including any reinstatement fees as may be from time to time fixed by the Executive; and,

 

4.5.2     The member has been advised accordingly by the Executive Director, Secretary or Treasurer of the Society.

 

 

5.    CODE OF ETHICS AND CONDUCT

 

5.1     Issue of Code of Ethics and Conduct Generally

 

5.1.1     The codes governing the professional conduct of members shall be those contained in the Code of Ethics set out in the first schedule hereto.  Any breach of the Code of Ethics shall render the member concerned liable to disciplinary action as set out in rule 7.3.

 

 

6.    RESIGNATION OF MEMBERSHIP

 

6.1     Resigning

 

6.1.1     Any member of the Society shall be entitled to resign, and such resignation shall take effect upon receipt of written advice to that effect received at the office of the Secretary of the Society.

 

6.2     Remaining Liable

 

6.2.1     Such resignation shall not relieve the member from any responsibility for the payment of outstanding subscriptions, levies or other liabilities.

 

 

7.    MEMBERSHIP SUSPENSION OR FORFEITURE

 

7.1     Powers of Executive

 

7.1.1     The Executive may in respect of any of its members:

 

7.1.1.1       suspend a member from the privilege of membership,

 

7.1.1.2       declare that members membership forfeited,

 

7.1.1.3       reprimand or censure a member.

 

7.2     Grounds for Suspension, etc.

 

7.2.1     Such action as specified in rule 7.2 hereof may be taken if, in the opinion of the Executive, it is established after enquiry that the member is guilty of:

 

7.2.1.1       any breach of the codes in the Code of Ethics;

 

7.2.1.2       dishonourable practices or conduct or practices derogatory to the profession;

 

7.2.1.3       any act of default discreditable as a member of the Society;

 

7.2.1.4       obtaining admission to membership by improper means;

 

7.2.1.5       failure to pay any subscription, levy or fine or other sum of money owing- to the Society;

 

7.2.1.6       conduct such as to render the exercise of the powers of the Executive set out in Clause 7.1 hereto expedient in the interests of the public or the Society.

 

7.3     Hearing Procedure

 

7.3.1     The powers conferred on the Executive by rule 7.1 hereof shall not be exercised until a meeting of the Executive has been held for the purpose of considering such matters and of which meeting the member concerned has been given not less than 14 days previous notice in writing specifying the matter or matters to be considered, and at which such member shall be given opportunity of being heard either by the member’s representative or together with the member's solicitor or counsel or by some other person on the member's behalf and of presenting such evidence as the member may desire.

 

7.3.2     The proceedings at every such meeting shall be conducted in such manner as the Executive may from time to time decide.

 

7.3.3     The Executive may itself engage a solicitor or other counsel to assist it at such meeting.

 

7.4     Executive Decision Final

 

7.4.1     Any decision made by the Executive in exercise of its power contained in rule 7.2 hereof shall be final and not subject to appeal.

 

7.5     Notice of Decision

 

7.5.1     The decision of the Executive shall be communicated to the member in writing under the hand of the President.

 

 

7.6     Reinstatement of Membership

 

7.6.1     Upon Suspension

 

7.6.1.1       Any member who has been suspended by the Executive shall be deemed for all intents and purposes not to be a member of the Society, provided however, all rights and privileges as a member of the Society shall revive forthwith on the day subsequent to the date of  expiry of suspension.

 

7.6.2     Upon Forfeiture

 

7.6.2.1       Any member whose membership of the Society has been forfeited may apply to the Executive after a reasonable time has elapsed for reinstatement which may be granted either with or without such conditions as the Executive may impose, or be refused by the Executive.  Such decision shall be final and not subject to appeal.

 

8.    OFFICERS AND EXECUTIVE

 

8.1     Officers

 

8.1.1     The Officers of the Society shall consist of a President, Vice President as elected by the Executive and the Secretary and the Treasurer where the Executive has not previously decided to fill either or both of the last two named positions in accordance with rule 13 and rule 14 hereof.

 

8.1.2     All officers together with such other officers as the Society may see fit to elect, shall be elected in terms of rule 9 hereof.

 

8.1.3     The executive has the powers to co-opt or invite other advisory members as it sees fit.

 

8.2     Executive

 

8.2.1     The Executive shall comprise:

 

8.2.1.1       a maximum of 10 members elected in accordance with rule 9 hereof,

 

8.2.1.2       the Officers named in rule 8.1 hereof; and

 

8.2.1.3       one member nominated by Audit NZ.

 

 

9.    ELECTION PROCEDURES FOR OFFICERS AND EXECUTIVE

 

9.1     The Executive Director shall, by 30 June each year, give notice of intention to conduct an election for the Officers and elected members of the Executive, such notice to include the date on which nominations shall close.

 

9.2     Nominations

 

9.2.1     Nominations for all Officers and elected members of the Executive, and excluding the positions of Secretary or Treasurer or both where the Executive has previously decided not to fill either or both of these positions pursuant to rule 13 or 14 hereof, must be in writing, signed by the proposer, seconder, and the candidate.  A nomination paper in respect of every candidate for election, shall be delivered to or other-wise placed in the hands of the Executive Director  by 31 July.

 

9.3     Voting Papers for Officers

 

9.3.1     The names of persons nominated for the election of President, the Vice President and the position of Secretary or Treasurer or both where the Executive has previously decided not to fill either or both of those positions pursuant to rule 13 or rule 14 hereof, and the positions of other officers created under rule 8.1.2 (if there is to be an election) shall be printed on a voting paper and one voting paper, shall be sent to each member entitled to vote no later than 10 August.  Such voting paper must be completed and returned to the Executive Director by hand or post no later than 31 August.

 

9.4     Official Count - Officers

 

9.4.1     The official count for these issues shall be undertaken by a person to be appointed by the Executive, in the presence of scrutineers to be likewise appointed by the Executive, provided that no candidate may participate in any aspect of the official count.

 

9.4.2     The Executive Director shall advise the election results, to both the successful and unsuccessful candidates for Officer positions.

 

9.5     Insufficient Nominations

 

9.5.1     In the event of insufficient nominations being received by the Executive Director within the prescribed time limit, those nominated will be declared elected and nominations called at the Annual General Meeting for the then vacancies and a vote taken as between those present at the Annual General Meeting.

 

9.6     Taking Office

 

9.6.1     Officers and the Executive shall take office at the completion of the Annual General Meeting each year.

 

 

10.   RESIGNATION AND VACANCIES FOR EXECUTIVE

 

10.1   Notice of Resignation

 

10.1.1   A member of the Executive may resign an office by sending his/her resignation to the Executive Director in writing and on receipt of that resignation by the Executive Director, it shall become effective.

 

10.2   Filling of Vacancy - Elected Members of Executive

 

10.2.1   In the event of any vacancy occurring in the membership of the Executive between elections that vacancy may be filled by resolution of the Executive.

 

 

11.   MANAGEMENT OF SOCIETY AFFAIRS

 

11.1   Executive to Manage

 

11.1.1   The affairs and business of the Society shall be controlled and conducted by the Executive established in accordance with rule 8 hereof, and to the extent that they are not otherwise provided for in these rules.

 

11.2   Notice of Meetings

 

11.2.1   The Executive shall meet at the time and place to be decided upon by the Executive.  Notice of every meeting of the Executive shall be sent to every member of the Executive at least 14 days prior to the meeting, but non-receipt of any such notice shall not invalidate or prejudice any act, resolution or proceedings of the Executive.

 

11.3   Special and Emergency

 

11.3.1   The Executive Director, on request from the President or by three members of the Executive made in writing, shall give notice of a special or emergency meeting.

 

11.3.2   At least 10 days notice shall be given of any special meeting provided that where this cannot be given, the meeting shall be styled an "Emergency Meeting" in which case not less than 72 hours notice must be given.

 

11.3.3   The business to be conducted at any such meeting shall be restricted to that stated in the notice unless all members are present and unanimously agree to consider any other business.  Provided however, that at any meeting of the Executive immediately following the Annual General Meeting, the provisions of rule 11.3.2 and 11.3.3 hereof shall be dispensed with.

 

11.3.4   A resolution in writing, signed or assented to by all members of the Executive then entitled to receive notice of a meeting of the Executive, shall be as valid and effective as if it had been passed at a meeting of the Executive duly convened and held.

 

11.4   Quorum

 

11.4.1   No less than half the number of positions on the Executive as defined in Clause 8.2 hereof shall comprise a quorum.

11.5   Meeting Procedure

 

11.5.1   The Chairperson of all meetings of the Society and its Executive shall be the President, or in that person's absence the Vice President.  If neither of these officers are present, the meeting shall elect a Chairperson.

 

11.5.2   Procedure at general meetings shall be as described by NZS Standing Orders for Municipalities and Counties with appropriate modifications unless express provision is made in these rules.

 

11.5.3   A meeting of the Executive may be held either:

 

11.5.3.1     by a number of the Executive who constitute a quorum, being assembled together at the place, date, and time appointed for the meeting; or at the option of any member of the Executive.

 

11.5.3.2     by means of audio, or audio and visual communication by which all members of the Executive participating and constituting a quorum, can simultaneously hear each other throughout the meeting.

 

11.6   Committees

 

11.6.1   Subject to the provisions of these rules, the Executive may appoint committees comprising representatives of two or more members of the Society.  It may delegate any of its power to such committees excepting those contained in rule 7.2 hereof and may lay down rules for regulating the proceedings of the committees.  The President shall ex officio be a member

 

11.7   Common Seal

 

11.7.1   The Common Seal of the Society shall be held by the Executive Director who shall be responsible for its safe custody.  The Seal shall not be affixed to any document except by resolution of the Executive, but the Executive Director may with the consent of the President, or in the case of the President being unavailable, the Vice President, affix the Seal in an urgent case, in which case such action shall be reported to the Executive at its next meeting for endorsement.  Every sealing shall be signed by the President and the Executive Director, or such other persons as may be designated by the Executive.

 

 

12.   MEETINGS

 

12.1   Annual General Meetings

 

12.1.1   Annual General Meetings shall be held at such places and times as may be decided at the Annual General Meeting or by the Executive.

 

12.1.2   The business to be conducted at the Annual General Meetings shall include ordinary annual business, annual accounts, report of the President and report of the Executive Director to the end of the preceding financial year, remits as may be submitted by the members, together with the Auditor's Report.

 

12.2   Special General Meetings

 

12.2.1   Special General Meetings of members may be convened by the Executive at its discretion or shall be called within 28 days of receipt by it of a requisition in writing forwarded to the Executive Director signed by not less than 15% of financial members (including life members) and stating the business to be transacted thereof.

 

12.3   Notice of Motion

 

12.3.1   A member wishing to bring before the Annual General Meeting any motion not relating to the ordinary annual business of the Society as aforesaid shall give notice thereof in writing to the Secretary at least 42 days before the meeting.

12.4   Notice of Meetings

 

12.4.1   The Executive Director shall, not less than 14 clear days before such Annual General or Special General Meeting of the Society, send to each member, a notice stating the day, place and hours of meeting, and the business to be transacted thereat.  In the case of the Annual General Meeting any motion of which notice has been given as aforesaid shall be forwarded by the Executive Director to each member, together with a copy of the President's Annual Report and accounts of the Society, with the Auditor’s report thereon.  The non-receipt of such notice by any member shall not invalidate the proceedings of any meeting.

 

12.5   Quorum

 

12.5.1   At any General Meeting twenty financial Ordinary Members shall constitute a quorum.  No business shall be transacted at any meeting of the Society unless a quorum of members is present throughout.

 

12.5.2   If after business of a meeting of the Society has commenced, a want of quorum shall occur, the business shall be suspended and if no quorum is present within 10 minutes thereafter the Chairperson shall vacate the Chair and the meeting shall lapse.

 

12.5.3   The business remaining to be disposed of will stand adjourned to a time fixed by the President or the Executive Director.

 

12.6   Voting Rights

 

12.6.1   All Ordinary Members who have paid all current subscriptions and levies and all Life Members who are present at a general meeting of the Society in person or by proxy shall be eligible for one vote on any issue to be decided.  Associate Members, and Honorary Members shall have no voting rights.

 

12.6.2   Voting on all questions, other than as provided for in rule 9 thereof, shall be by voices or show of hands, but a ballot may be demanded provided that such a demand is supported by at least one-third of the Ordinary Members and Life Members present.

 

12.6.3   The Chairperson of any meeting shall have a casting vote as well as a deliberative vote.

 

 

13.   EXECUTIVE DIRECTOR

 

13.1   Appointment of Executive Director

 

13.1.1   The Executive may from time to time, appoint a person to be the Executive Director to the Society, either in a full time or part time capacity as it thinks fit, and fix remuneration and conditions of appointment accordingly.

 

13.2   Responsibilities

 

13.2.1   The Executive Director shall be responsible to the Executive for the efficient management of the Society's affairs, and shall keep minutes of all General and Executive meetings, and generally perform all the duties appertaining to the office.

 

13.2.2   Subject to the direction from time to time of the Executive, the Executive Director shall have custody of all deeds, papers, documents and correspondence of the Society.

 

13.2.3   The Executive Director shall also carry out the functions of the Secretary of the Society for the purposes of the Incorporated Societies Act 1908 and Amendments.

 

13.2.4   The Executive Director may also carry out the functions of the Treasurer of the Society.

 

13.3   Position May Be Combined

13.3.1   The Executive may if it thinks fit combine the position of Secretary with any other position.

 

 

14.   TREASURER

 

14.1   Appointment of Treasurer

 

14.1.1   The Executive may from time to time, appoint a person to be the Treasurer to the Society, either as a sole position, or in conjunction with any other person, and shall fix remuneration and conditions of appointment accordingly.

 

14.2   Responsibilities

 

14.2.1   The Treasurer shall submit audited accounts to the Executive Director, or to the President in the case that the Executive Director also fills the position of Treasurer, 28 days before the Annual Meeting.

 

 

15.   FINANCIAL MATTERS

 

15.1   Control of Funds

 

15.1.1   All funds of the Society shall be paid into such bank as may from time to time be determined by the Executive to the credit of the Society.

 

15.1.2   The President and Executive Director jointly (or such other officers and/or members of the Executive as the Executive shall from time to time determine) shall operate on the account of the Society and jointly sign withdrawal orders or cheques.

 

15.1.3   All accounts shall be passed for payment by the Executive provided that in a case of urgency the President may authorise payment, but a schedule of amounts so authorised shall be submitted to the next ensuing meeting of the Executive for approval.

 

15.2   Financial Year

 

15.2.1   The financial year of the Society shall commence on 1 July.

 

15.3   Investment

 

15.3.1   All funds of the Society not needed immediately for the ordinary purposes of the Society may be invested in the name of the Society in trust in any securities in which trustees are for the time being authorised to invest trust monies, or by leaving the same upon deposit with any bank or by lending the same to any local authority.

 

15.4   Lecturers, Prizes and Grants

 

15.4.1   The Executive may employ any part of the funds of the Society in the payment of lecturers, or the foundation of prizes, scholarships, or exhibitions conducted or held by the Society, or in partnership with any kindred organisation, as well as for any other purposes of the Society including traveling allowances or study tours.

 

15.5   Traveling Expenses

 

15.5.1   The Executive may pay out of the funds of the Society the reasonable traveling and accommodation expenses of any member, officer or employee thereof on each occasion of such person attending a meeting of the Executive, or of any Committee thereof or attending any conference or convention or being otherwise authoritatively engaged in the business of the Society or for any other purpose approved of by the Executive.

 

15.6   Auditor

 

15.6.1   The Society shall at the Annual General Meeting appoint an auditor at such remuneration as may be fixed.

 

15.6.2   The Executive Director shall deliver to the auditor the accounts of the then last financial year, and the auditor shall examine such accounts and the books of the Society.

 

15.7   Honoraria

 

15.7.1   The President and/or such other officer as the Annual General Meeting may decide, shall receive such remuneration or allowance by way of honorarium as the Society may decide by resolution passed at any Annual General Meeting.

 

 

16.   GENERAL

 

16.1.  Members Bound by Rules

 

16.1.1   Every member shall receive a copy of the rules in force at the time of admission or election and shall be bound by those rules and any amendment which may be made thereafter.

 

16.2   Alteration of Rules

 

16.2.1   The rules of the Society shall not be added to or altered or rescinded except by means of a postal ballot of members and will be carried by a simple majority of those votes returned.

 

16.2.2   The postal ballot shall take place, where possible, at the same time as the Executive elections.  A ballot may be conducted at any other time with the support of the Executive.

 

16.2.3   Where any amendment is proposed, such amendment shall be forwarded to the Executive Director for consideration by the Executive.

 

16.2.4   Proposed amendments may be put forward by:

 

16.2.4.1     the Executive; or

 

16.2.4.2     any Ordinary or Life Member if supported by a written request from 15% of all members of the Society entitled to vote under rule 12.6.1.

 

16.2.5   Notice of any proposed alteration or addition to the rules must be forwarded by the Executive Director to each member along with a voting paper and details of when the voting paper should be returned.

 

16.2.6   The official count shall be undertaken by scrutineers previously appointed by the Executive and the results announced at the Annual General Meeting or notified to each member by the Executive Director.

 

16.3   Winding Up

 

16.3.1   The Society may be wound up voluntarily if, at a general meeting of members a resolution is passed requiring the Society so to be wound up, and the resolution is confirmed at a subsequent general meeting of members qualified to vote and held not earlier than 30 days after the date on which the resolution so to be confirmed was passed.

 

16.4   Distribution on Winding Up

 

16.4.1   In the event of the voluntary winding up of the Society or its dissolution by the Registrar of Incorporated Societies, the property of the Society shall be realised and, after payment of all debts and liabilities of the Society the surplus, if any, shall be disposed of in such a manner as the persons who comprise the Executive at the date of such winding up shall by resolution determine provided that any surplus or assets shall not be distributed in such a manner as will provide a pecuniary gain to any person who has been a member of the Society or Executive.

FIRST SCHEDULE

 

CODE OF ETHICS

 

1.    It is the duty of all members of the Society to make themselves familiar with the contents of the Code of Ethics and to observe the codes not only in the letter but also in the spirit.

 

2.    Members shall act in the best interest the public and, fellow members of the Society.

 

3.    Members shall be loyal to the Society and active in its work.

 

4.    Members shall not conduct themselves in such a manner as to prejudice the professional status or the reputation of the Society.

 

5.    Members shall not publicly criticise their fellow members or publicly express any opinion of a fellow member's professional performance unless done with professional courtesy and integrity.

 

6.    Members shall involve themselves in continuing education and training and encourage staff to do likewise.

 

7.    Members shall resist any outside encroachment on professional responsibilities.

 

8.    Members shall submit reports, proposals and policy matters for consideration by their elected representatives in a factual and impartial manner, ensuring that the context will assist in giving full consideration to the matter at hand.