[H-GEN] Constitutional amendments

David Starkoff dbs at humbug.org.au
Thu Jun 25 06:25:10 EDT 1998


I think it's probably a prudent time for a summary of the drafter's
position on several issues:


   Proxies
  ---------

Proxies will be in the new Constitution.  Formally.  Unlike the current
constitution which contains no express provisions for it.

My current thought is to allow two forms of proxies.  One is dependent on
getting agendas for meetings, and candidates for elections, out a week or
so before a meeting.  This would allow a person to vote for a specific
person in absentia.

A proxy of this form would be presented to the Chairman (or Madam Chair) 
of the meeting, and be counted just like an ordinary vote.  It would
involve a suitably authenticated message being presented to the Secretary
before the meeting in a form not unlike this:

    I [name of member], an eligible voting member of HUMBUG hereby wish
    to vote [`in favour of'/`against'] the resolution [identification]
    at the general meeting on [date].

    Signed, [...]

I'd also like to provide an option for a form of attorney, ie. delegating
your voting power to another person, either member or non-member.

But these arrangements will be subject to some discussion amongst club
members and some research.


   Incorporation
  ---------------

In principle, I support HUMBUG incorporating.  In principle.  At the
moment.  Before we start getting all excited about this though, there are
some things which need to be discussed.

Sure, incorporation would be great.  Executive members would have limited
liability.  The club would have limited liability.  The club would have
its own legal identity.  The club could contract and hold property in its
own name.  We get a cool name: `HUMBUG Inc'.

However, incorporation actually means we become a real, legal, bona fide,
corporation.  With a real constitution.  Which, in more circumstances than
currently, will be held legally binding.  No more free-wheeling meeting
procedure.  No more `let's follow the spirit of the constitution, if not
the letter'.  No more Executive fun.

Being an unincorporated association is not all that bad.  We've got
flexibility.  We can pull constitutional stunts like we did this year with
relative impunity.  And we can do most of the things that a corporate
entity can, albeit not as cleanly.

The new, improved, all-singing, all-dancing Constitution --- should it be
accepted by HUMBUG at general meeting --- will be based on the Model Rules
for an incorporated association as contained in Schedule 3 of the
Associations Incorporation Regulation 1982 (Qld).  If HUMBUG ever decides
to go down that path, the transition should be relatively smooth.



As always, I know nothing.  I am open to correction.  Caveat reader.

I should be at HUMBUG this Saturday, and I'll be available for your
flaming pleasure.  If you don't know what I look like, I'll be the really
morose and stressed person.  (I would have just finished an exam.) 

David.
--
dbs at humbug.org.au | http://student.uq.edu.au/~s343905/

``For my part, I find the proposition an affront to commonsense.''
        -- Justice Callinan





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