MANITOBA LIBERAL PARTY CONSTITUTION (REVISED AGM, APRIL 2015)

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1 MANITOBA LIBERAL PARTY CONSTITUTION (REVISED AGM, APRIL 2015) CONTENTS 1. STATEMENT OF PURPOSE 2. MEMBERSHIP 3. CODE OF CONDUCT 4. CONSTITUENCY ASSOCIATIONS 5. PARTY STRUCTURE 6. MEETINGS OF THE MLP 7. LEADER OF THE MANITOBA LIBERAL PARTY 8. NOMINATION MEETINGS 9. PROVINCIAL LEADERSHIP CONVENTION 10. ACCOUNTING, FINANCIAL, AND OPERATIONS MANAGEMENT 11. CONSTITUTIONAL CONFLICTS AND AMENDMENTS 1. STATEMENT OF PURPOSE 1.1. Name (i). The name of this association of Manitoba Liberals shall be known as the Manitoba Liberal Party, hereinafter also referred to as MLP Preamble (i). The Manitoba Liberal Party is committed to the dignity of each individual as the cardinal principle of democratic society and the primary purpose of all political organization and activity in such a society. (ii). In accordance with this philosophy the Manitoba Liberal Party subscribes to the fundamental rights and freedoms of all persons and commits itself to the protection of these fundamental values. (iii). The Manitoba Liberal Party recognizes that human dignity in a democratic system requires that all citizens have access to full information concerning the policies and leadership of the state, the opportunity to participate in open and public assessment of such policies and leadership, and the means to alter such policies and leadership, as they deem desirable, in order to promote the political, economic, cultural and general well-being of Manitobans. (iv). To realize this objective, the Manitoba Liberal Party strives to provide a flexible and democratic structure whereby all Manitobans can obtain such information, participate in such assessment, and work for reform through open communications, free dialogue and participatory action. This Constitution sets forth the institutions, systems and procedures by which the Manitoba Liberal Party will work to achieve these goals. (v). The Manitoba Liberal Party and its members adhere to the Code of Conduct as referenced in this Constitution. 1

2 (vi). Affairs of the Manitoba Liberal Party, and any actions taken by its organizations, associations and members on its behalf, shall be undertaken at all times in accordance with this Constitution and with the laws of Manitoba and of Canada Objectives (i). The objectives of the MLP shall be to: (a) Coordinate the efforts of Liberals to ensure a strong provincial Manitoba Liberal Party. (b) advocate and support Liberal philosophies, principles, and policies; (c) provide assistance and leadership to provincial Liberal Constituency Associations in Manitoba: (d) promote the election of Liberal candidates to the Legislature of Manitoba; (e) promote better governance in the Province of Manitoba and in Canada; (f) Improve the well-being of all Manitobans. 2. MEMBERSHIP 2.1. Eligibility (i). The Manitoba Liberal Party shall be open to all persons who desire to support its objectives. (ii). All individuals aged 14 and over shall be eligible to apply for membership in the MLP without discrimination based on any irrelevant personal characteristic if: (a) they are ordinarily resident in Manitoba; (b) they are not members of any other provincial political party within Manitoba; and (c) They are Canadian citizens or permanent residents. (d) The term ordinarily resident used here and in any other party documents shall be defined as set out in sections 7-11 inclusive of the Election Act, Province of Manitoba. (iii). A person may apply for full membership by completing the approved application form, submitting the annual fee to MLP headquarters. (iv). A person cannot be a member of more than one Constituency Association Rights of Membership (i). Membership in the MLP shall entitle a member to: (a) Full voting and speaking privileges at Constituency meetings where they are residents and at general meetings of MLP. (b) seek and hold elected office in the MLP; (c) seek appointment or election as a delegate to general meetings and Leadership Conventions of the MLP; (d) Seek nomination as a Liberal candidate in any provincial election if the member has satisfied the election laws of Manitoba and all nomination requirements of the MLP. (ii). Members remain in good standing and can exercise all rights as long as their membership is current and they have paid all the membership fees that they owe to the MLP. 2

3 2.3. Obligations of Membership (i). Membership in the MLP obligates the member to support the activities of the MLP and to abide by its Constitution and any actions taken hereunder. 2.4 Life membership (i). This class of membership includes: (a) all former Leaders of the MLP; and (b) any person who has been awarded by the Board of Directors, and has accepted, life membership in the MLP; (c) Existing life members recognized by the MLP and its predecessor, the Liberal Party in Manitoba. (ii). Life members are not obliged to pay membership fees. 2.5 Loss of membership (i). A member's membership expires when: (a) the member resigns from the MLP; or (b) the member no longer meets all the requirements of clause 2.1(ii); or (c) the member dies; or (d) The Board of Directors has removed the member for just cause in accordance with clause 2.5 (ii). (ii). A member of the MLP may be expelled for just cause from the MLP and its name stricken from MLP records by a two-thirds vote of the Board of Directors, said vote to be taken by secret ballot. (iii). The process for expelling a person, and the appeal rights of a person so expelled for just cause under clause 2.5(ii), shall be determined by a by-law approved by members at an Annual General Meeting. 3. CODE OF CONDUCT 3.1. The MLP has adopted a Code of Conduct to guide the conduct of members respecting activities of members of the MLP The Code of Conduct and the manner of its enforcement has been adopted as a by-law to this Constitution and was approved by members at an annual general meeting The Code of Conduct of the MLP is Appendix 1 to the MLP Constitution and shall be considered an integral part of this constitution. 4. CONSTITUENCY ASSOCIATIONS 4.1. Establishment (i). the MLP shall establish a Constituency Association in each provincial electoral division; (ii). each Constituency Association shall support the objectives of the MLP; 3

4 (iii). each Constituency Association must govern itself in accordance with the MLP Constitution and any regulations or by-laws made hereunder; (iv). subject to the relevant provisions of the MLP Constitution and its by-laws, each Constituency Association has the right to: (a) elect officers and other Directors to an Executive Committee of the Constituency Association; (b) send delegates to any convention or general meeting of the MLP; (c) nominate a candidate of the MLP for election to the Legislative Assembly of Manitoba; (d) propose amendments to this Constitution; (e) Raise funds for its own purposes and for any candidate nominated to run in its constituency. (v). Each Constituency Association shall furnish information concerning its membership, finances, and other activities in accordance with guidelines and formats specified by the Board of Directors Each Constituency Association may adopt a Constitution which (i). has been passed at a general meeting of the Constituency Association (ii). is not contrary to the Constitution of the MLP (iii). Has been filed with and approved by the Board of Directors of the MLP Until such time as a Constituency Association has received approval of a Constituency Constitution in accordance with section 4.2, a generic Constitution for the Constituency association, as approved by by-law by the Board of Directors, shall be used to conduct the affairs of the Constituency association A Constituency Association shall provide for the establishment and maintenance of financial records in accordance with the laws of Manitoba, with this constitution, and with any guidelines provided by the Board of Directors of MLP A Constituency Association shall provide for the establishment and maintenance of minutes of meetings, correspondence and other administrative matters, as it deems to be appropriate Each Constituency Association shall hold its Annual General Meeting within 5 months, but not within the last week, preceding the Annual General Meeting of the MLP If no Constituency meeting is called in accordance with section 4.6, the President of the MLP shall call such a meeting The Board of Directors has the power to appoint members from within the Constituency membership to the Executive Committee of any Constituency which is unable to elect all its table officers at an Annual General Meeting called under sections 4.6 or In the event that, in the opinion of the Board of Directors, a Constituency becomes inactive or incapable of carrying out its responsibilities effectively under this Constitution or under the laws of Manitoba, the Board of Directors may direct that all responsibilities and full powers over all the affairs of the Constituency Association shall be assumed by the Chief Financial 4

5 Officer until such time as a functioning Executive Committee for the Constituency Association can be re-established. 5. PARTY STRUCTURE 5.1. Board of Directors (i). The Board of Directors shall: (a) oversee the affairs and finances of the MLP; (b) promote the objectives of the MLP by supporting the growth and development of Constituency Associations, by supporting the Leader of the MLP, by ensuring election readiness, and by supporting the conduct of any provincial or byelection campaign; (c) make administrative decisions in accordance with this constitution, its by-laws and the policies of the MLP, and to oversee their implementation; (d) develop plans and administrative policies for the MLP and present them to the Constituency Associations, to the Manitoba Provincial Council or to the general membership for approval or review, as may be required; (e) organize any general or special meetings of the MLP, including setting the date and location of such meetings; (f) appoint the Chief Financial Officer of MLP for any purposes of the Manitoba Election Finances Act and related provincial legislation; (g) appoint an auditor; (h) set the membership fees of the MLP; (i) authorize all honourary appointments of MLP members; and (j) where deemed to be necessary, establish rules of procedure governing meetings and financial management of any MLP Constituency Association or Association ; (k) pass by-laws, where necessary, to clarify and communicate the exercise of its authorities under this constitution; and (l) Exercise such other powers as may be conferred upon it elsewhere under this constitution. (m) Appoint the Chair of the Nominations Committee which is to consist of at least one additional member from the membership. (ii). The Board of Directors shall consist of the following voting members: (a) President of the MLP (b) Vice-President of the MLP (c) Treasurer of the MLP (d) Secretary of the MLP (e) Eight Regional Directors of the MLP, consisting of four Regional Directors from Regions outside the City of Winnipeg and four Regional Directors from Regions within the City of Winnipeg. (f) Immediate Past President of the MLP (g) The Leader of the MLP or its representative (h) The President, or its representative, of each Association recognized under section 5.7. (i) The Director of Communications 5

6 (j) The Director of Fundraising (k) The Director of Membership (l) The Director of Organization (m) The Director of Policy (iii). The Board of Directors shall also include the following non - voting ex officio members: (a) The Chief Financial Officer, if the Chief Financial Officer is not also the Treasurer Election of Board of Directors (i). All full voting members of the Board of Directors, excepting the Immediate Past- President and the Leader, shall be elected, as follows: (a) President, Vice President, the Director of Communications, and the Director of Fundraising elected in odd numbered years for terms of two years; (b) Treasurer, Secretary, Director of Membership, Director of Organization, and Director of Policy elected in even numbered years for terms of two years; (c) Regional Directors for terms of one year at the Annual General Meeting of their respective regions; (d) Association presidents for terms defined within their respective Constitutions. (ii). The President, Vice-President, Treasurer, and Secretary shall be elected at the Annual General Meeting of the MLP. (iii). The naming of MLP Regions represented by Regional Directors, and the apportionment of Constituency Associations among the MLP Regions, shall be determined by by-law approved by the Board of Directors, following consultation with the Manitoba Provincial Council. (iv). Notwithstanding clause 5.2(iii) above, where special circumstances warrant an earlier apportionment of Constituency Associations and naming of Regions by by-law for purposes of the election of Regional Directors, such a by-law may be created and approved by the Board of Directors at any time, and any by-law so approved must be submitted with explanation to the Manitoba Provincial Council at its next meeting. (v). Members of MLP Constituency Associations within a MLP Region are eligible for office as a Regional Director only in that Region, and only members of the Constituency Associations within that Region can vote for any candidates for Regional Director within that Region. In order to be eligible to vote at a Constituency meeting or a Regional meeting, a member must be in good standing with the MLP and have been a member of the MLP for seven (7) days previous to the meeting date, unless that member was a member in good standing the immediate previous year and renews his or her membership prior to the start of that meeting. (vi). Election of Regional Directors shall be undertaken within each Region during the five months preceding an Annual General Meeting with their term of office being effective only on the date of the upcoming Annual General Meeting of the MLP. (vii). Election of Regional Directors shall proceed in accordance with procedural rules approved by the Board of Directors, and such rules may allow for mail in votes. Mail in votes must be received by the time the meeting is called to order in order to be considered valid. (a) Elections for Regional Board Representatives shall be conducted by secret ballot at the Annual General Meeting of the MLP as described in the by-law. 6

7 (viii). Upon the resignation, death, protracted illness or protracted absence of the President, or any other similar occurrence requiring succession to the Presidency, that office and title shall devolve upon the Vice-President for the remainder of the term. (ix). Upon a vacancy occurring in any office other than that of the President, the Board of Directors may appoint any person it deems suitable to hold such vacant office for the remainder of the term. (x). Any person elected or appointed to serve on the Board of Directors or the Management Board, who misses two consecutive meetings or four in total, without notifying the Secretary shall be deemed to have resigned, and the vacated office may be filled as herein provided. No member of MLP can seek election to, nor hold, two voting positions on the Board of Directors at the same time. In the case of members of the Board of Directors seeking office for a different position on the Board of Directors concurrently, that member must resign from their Board of Director position Operations of the Board of Directors (i). The Board of Directors shall act as the administrative arm of the MLP. (ii). The President shall chair the Board of Directors. (iii). (iv). (v). (vi). (vii). (viii). (ix). (x). (xi). (xii). Only voting members of the Board of Directors may vote on or move a motion. The Board of Directors shall meet at the call of the President, or at the written request of any six of its members delivered in person or sent by registered mail to the President or Secretary, and any meetings so requested shall take place within ten days of the receipt of the request by the President or Secretary. The Board of Directors shall meet a minimum of seven times per calendar year, at such place(s) as it shall deem desirable and expedient. All members of the MLP shall be entitled to attend meetings of the Board of Directors but the Board of Directors shall have the right to meet and discuss in camera such matters as it may deem to be necessary. Members or delegations may make presentations on approval of the Board of Directors. Written notice of all meetings of the Board of Directors shall be sent to all members of the Board of Directors not less than 6 days prior to the meeting. The Secretary shall send a copy of the minutes of each meeting of the Board of Directors to all members of the Board of Directors and, upon request, to any other member of the MLP. Copies of these minutes shall be available for viewing at MLP headquarters during normal business hours. The quorum for meetings of the Board of Directors shall be the lesser of: (a) 8 voting members of the Board (b) 50% of all voting positions on the Board of Directors that are occupied at the time. The Board of Directors shall report on its activities at each meeting of the Manitoba Provincial Council. The Board of Directors may appoint standing or ad hoc committees to perform such tasks as the Board of Directors may assign to them and shall give any such committee specific written instructions as to the nature of the committee, its terms of reference and the expectations of its work; The Board of Directors shall designate at least one member of the Board of Directors to serve on each committee created under clause 5.3(xi). 7

8 5.4. Officers of MLP (i). Officers of the MLP shall be: (a) President of the MLP (b) Vice-President of the MLP (c) Treasurer of the MLP (d) Secretary of the MLP (e) Immediate Past President of the MLP (ii). Excepting the Immediate Past President of the MLP, any Officer may be required to stand for re-election at the half-term of its position if the following requirements are met: (a) A petition stating the reasons for demanding such action has been filed with the President or Secretary of the MLP at least sixty days prior to an annual general meeting. (b) A minimum of sixty signatories is included in the petition from at least ten different provincial Constituency Associations. (iii). The President, Vice-President, Secretary and Treasurer shall be signing officers of the MLP, and the signatures of any two of them shall be binding on the MLP. (iv). The President shall: (a) serve as the chief executive officer of the MLP; (b) call and chair all meetings of the Board of Directors and of the Management Board; (c) serve as an ex-officio member of all committees of MLP; (d) Carry out any related duties on behalf and at the request of the Leader. (v). The Vice-President shall: (a) assume the duties of the President in the absence of the President; (b) assist the President in all matters and, at the request of the President, represent the President in its official capacity; (c) on an ongoing basis review and recommend constitutional amendments; (vi). The Treasurer shall: (a) have the care and custody of all funds of the MLP and shall record all cash receipts and disbursements thereof; (b) present to each Annual General Meeting of the MLP an audited statement of the financial affairs of the MLP; (c) assume the care and custody of all funds of any Constituency Association or other Association under this Constitution where directed by the Board of Directors in accordance with provisions of this constitution; (d) Carry out other duties relating to the finances of the MLP as directed by the Board of Directors. (vii). The Secretary shall: (a) cause minutes and written records to be kept of all meetings and proceedings of the Board of Directors, the Management Board, the Manitoba Provincial Council, and any general and special meetings of the membership; (b) Maintain all current and historical records of the MLP, including an updated Constitution and its by-laws, and a current membership list. 8

9 (viii) (ix) (x) (xi) (xii) (c) assume responsibility for any correspondence required by the Board of Directors and the Management Committee; (d) Report on the attendance record of all elected and ex officio members of the Board of Directors and Management Board to delegates at any Annual General Meeting. (e) Distribute a copy of the minutes of all meetings of the Board of Directors to the president of each Constituency Association on a timely basis, said minutes to exclude minutes of the Management Committee and any confidential or prejudicial matters relating to personnel, to legal proceedings, or to other persons, as may be determined solely by the Board of Directors. The Director of Communications shall: (a) Work to ensure that their activities and the results of deliberations of the Management Committee, the Board of Directors, the Provincial Council and General Meetings are relayed to members of the party. (b) Encourage the production and distribution of a regular newsletter be sent to members of the party. The Director of Fundraising shall: (a) Be responsible for ensuring that fundraising activities are carried out as required by the party on a continuing basis. The Director of Membership shall: (a) Be responsible for coordinating renewal and recruitment of membership to the party. The Director of Organization shall: (a) Work to ensure that all the Party Constituency Associations are active. (b) Facilitate the organization and further development of the party Constituency Associations. (c) Provide for the distribution of materials and resources to aid the Constituency Associations in developing their associations. The Director of Policy shall: (a) Be responsible for coordinating the development of party policy Management Committee (i). The Management Committee of the MLP shall: (a) prepare the agenda for and organize meetings of the Board of Directors; (b) carry out the decisions of the Board of Directors; (c) prepare an annual budget on a timely basis for approval by the Board of Directors; (d) manage the staff and the operation of MLP headquarters, including all staffing decisions; and (e) circulate minutes of Management Committee meetings to the members of the Board of Directors on a timely basis; (f) Provide logistical support in organizing meetings of the Manitoba Provincial Council. (ii). The Management Committee shall be accountable to and report to the Board of Directors. 9

10 (iii). (iv). (v). (vi). (vii). (viii). (ix). (x). The Leader or a representative of the Leader, the President, Vice-President, Secretary, Treasurer, immediate Past-President, the President of the MYL, and two other persons, appointed by the Board of Directors from among its members at its first meeting following an annual general meeting, shall constitute the voting members of the Management Committee of MLP; The Leader may appoint a representative to serve as an ex-officio member of the Management Committee. The Management Committee shall meet a minimum of eight times per calendar year, independent of the Board of Directors. Meetings of the Management Committee shall be at the call of the President or at the written request of any three of its members, delivered in person or sent by registered mail to the President or the Secretary, and any meeting so requested shall take place within ten days of the receipt of such notice by the President or the Secretary. The President shall chair the Management Committee. The required quorum for meetings of the Management Committee shall be any four voting members of the Management Committee mentioned in clause 5.5 (iii). Meetings of the Management Committee are open only to members of the Management Committee unless the Management Committee or the Board of Directors determines otherwise. The Management Committee shall have the right to discuss in camera such matters, as it may deem necessary Manitoba Provincial Council (i). The Manitoba Provincial Council shall: (a) promote the objectives of the MLP; (b) serve in an advisory capacity to the Board of Directors of the MLP; (c) encourage Regional activities under the auspices of Regional Directors to meet and consider issues that affect a particular area and to strengthen the Regional influence of the MLP; (d) review and advise upon administrative decisions and policy of the Board of Directors to ensure that those decisions accord with this Constitution and its bylaws, with the policies of the Party and with the best interests the MLP and its Constituency Associations; (e) deliver a written report to the members at the Annual General Meeting of the MLP; (f) Implement any directives assigned to it at an annual general meeting. (g) Exercise such other powers as may be conferred upon it elsewhere in this constitution. (ii). The Manitoba Provincial Council of the Party shall consist of: (a) the Board of Directors; (b) the President (or its representative) of each Constituency Association; (c) each member of the Provincial Liberal Caucus; (d) the President (or its representative) and Vice-President of each Association established under section 5.7; 10

11 (e) the President (or its representative) of each Manitoba Young Liberal Club as certified by the MYL and recognized by the Board of Directors; (f) the President (or its representative) of each Manitoba Aboriginal Liberal Club and recognized by the Board of Directors; (g) the President (or its representative) of each Manitoba Women s Liberal Club and recognized by the Board of Directors; (h) all provincial Liberal candidates from the last preceding general provincial election or provincial by-election, whichever is more recent; (i) all members holding current status as nominated candidates for the ensuing provincial general election or by-election at the date notice of the Manitoba Provincial Council meeting is mailed; (j) All past Liberal Members of the Manitoba Legislature Assembly. (iii). (iv). (v). (vi). (vii). (viii). (ix). (x). (xi). (xii). The Chair and Vice-Chair of the Manitoba Provincial Council shall be elected annually at the Annual General Meeting of the MLP from among members of the Manitoba Provincial Council and shall serve until the next Annual General Meeting regardless of their status as council members in accordance with election procedures approved by the Manitoba Provincial Council. The Manitoba Provincial Council shall meet a minimum of two times per calendar year at such place as it shall deem desirable and expedient, provided that at least one meeting per year shall be held outside the city of Winnipeg. The Manitoba Provincial Council shall meet at the call of its Chair or at the written request of any twenty of its members delivered in person or sent by registered mail to the MLP President or MLP Secretary, and any meetings so requested shall take place within 21 days of the receipt of the request by the MLP President or MLP Secretary. Written notice of all meetings of the Manitoba Provincial Council shall be sent to all members of the Council, not less than fourteen days prior to the meeting. The MLP Secretary shall prepare minutes of each meeting and shall make copies available on request by any member of the MLP. All members of the MLP shall be entitled to attend meetings of the Manitoba Provincial Council. The Manitoba Provincial Council shall have the right to meet and discuss in camera such matters, as it may deem to be necessary. Only members of the Manitoba Provincial Council may move or vote on a motion. Members or delegations may make presentations with the approval of the Manitoba Provincial Council. The quorum for meetings of the Manitoba Provincial Council shall be the Chair or, in its absence, the Vice-Chair, or in the absence of the Chair and the Vice-Chair, a representative designated by the Chair, and twenty other members of the Manitoba Provincial Council. The Manitoba Provincial Council may establish other rules of procedure for the conduct of its meetings that are consistent with this constitution Associations and Clubs 11

12 (i). (ii). (iii). (iv). (v). (vi). (vii). The MLP recognizes any organization that represents or promotes the interests of a segment of the Manitoba population and serves to advance those interests within the framework of the MLP, and specifically any organization that has: (a) purposes that are consistent with the objectives of the Party; and (b) adopted a Constitution and by-laws governing its organization and procedures that are consistent with the Constitution and by-laws of the MLP; and (c) Received approval of its Constitution from the Board of Directors. Manitoba Young Liberals (MYL) (a) There shall be established within the structure of the MLP an Association, known as the Manitoba Young Liberals (MYL), to represent and promote the interests of Manitoba youth in the MLP and to encourage and co-ordinate the activities of the youth organizations of the MLP; (b) Every member of the MLP who has not celebrated its twenty-sixth birthday is a member of the MYL. (c) In order to stimulate further activity within the youth wing of the MLP, the MYL should hold general meetings of youth delegates attending conventions of the MLP in accordance with the Constitution of the MYL. Manitoba Women s Liberal Association (MWLA) (a) There may be established within the structure of the MLP an association, known as the Manitoba Women s Liberal Association (MWLA), to represent and promote the interests of women in the MLP and to encourage the active participation of women at all levels of MLP activities. (b) All female members of the LPM shall be members of the MWLA. Manitoba Liberal Aboriginal Association (MLAA) (a) There shall be established within the structure of the MLP an association, known as the Manitoba Liberal Aboriginal Association (MLAA), to represent and promote the interests of Aboriginal peoples in the MLP and to encourage the active participation of Aboriginal peoples in all MLP activities. (b) All Aboriginal members of the MLP, who shall so choose, shall be members of the MLAC. Manitoba Senior s Liberal Association (MSLA) (a) There shall be established within the structure of the MLP an association, known as the Manitoba Senior s Liberal Association (MSLA), to represent and promote the interests of senior citizens in the MLP and to encourage the active participation of senior citizens in all MLP activities. (b) All members of the MLP who are 55 years of age or greater shall be members of the MSLA. Manitoba Liberals Multiculturalism Association (MLMA) (a) There shall be established within the structure of the MLP an association, known as the Manitoba Liberals Multiculturalism Association (MLMA), to represent and promote the interests of multiculturalism in the MLP and to encourage the active participation of all Manitoba cultures in MLP activities. (b) All members of the MLP who declare a personal interest and desire to participate actively in multiculturalism shall be members of the MLMA. The Board of Directors may, by motion, recognize the following as MLP clubs: 12

13 (viii). (ix). (x). (xi). (a) university or college Young Liberal clubs in any university or college recognized as such under the laws of the Province of Manitoba; (b) high school Young Liberal MLP clubs established in any high school recognized as such under the laws of the Province of Manitoba; (c) Young Liberal MLP clubs established in a constituency; (d) Women s MLP clubs; (e) Aboriginal MLP Clubs; (f) Other MLP clubs recommended by any Association established in section 5.7. To be recognized as a MLP club under clause 5.7(vii), the following criteria must be met: (a) the club must have a Constitution passed at either a regular or annual meeting by a minimum of ten appropriate members of the MLP who qualify for membership in the relevant club; (b) the Constitution of the club must not be contrary to the Constitution and principles of the MLP; (c) The club must be certified by the Association under whose auspices it falls. Presidents and other elected persons for each Association shall be elected at the Annual General Meeting of the Association, which shall occur each year and for which advance written notice of at least 14 days must be provided. All procedural rules for elections of MLP Associations shall be reviewed and approved by Board of Directors. Election procedural rules for MLP Associations may permit mail-in balloting Provincial Election Campaign Committee (i). The MLP shall maintain and support a Provincial Election Campaign Committee to prepare election and by-election plans in consultation with the Leader and the Board of Directors and in a manner that provides a planning timeline related to the Provincial Fixed Election Dates and any by-elections as they may occur. (ii). The Provincial Election Campaign Committee consists of: (a) Chair or Co-Chairs appointed by the Leader of the MLP in consultation with the President; (b) other members of the MLP who shall be appointed by Leader; (c) Two other persons appointed by the Board of Directors from among its members. (iii). The Provincial Election Campaign Committee may establish any number of subcommittees for any purpose and otherwise carry out its duties, as it deems appropriate. (iv). The Provincial Election Campaign Committee must report to the Board of Directors and to the Leader upon request. (v). The Board of Directors and the Provincial Election Campaign Committee shall jointly create a financial and operations framework relating to the use of MLP finances and other resources for purposes of advancing the electoral objectives of the Provincial Election Campaign Committee and of the MLP Appeals Board 13

14 (i). The MLP has approved a by-law establishing an Appeals Committee, as well as its duties and powers.. 6. MEETINGS of the MLP 6.1. Annual General Meeting (i). Each year the Board of Directors shall call and arrange for an Annual General Meeting of the MLP to be held in the spring of each calendar year. The Secretary of the MLP shall, at least forty-five days prior to the annual general meeting, send written notice setting out the date, time, place and purpose of such meeting to the President and Secretary of each Constituency Association and to other organizations entitled to representation and to each of the persons mentioned in clauses 6.1(ii)(f), (g), and (h); (ii). Persons entitled to attend any Annual General Meeting of the MLP shall be members of the MLP and shall comprise the following: (a) twenty (20) representatives from each Constituency Association, at least two of whom shall be youth members, and five alternates, who shall be selected by a general meeting of such Constituency Association called for this purpose; (b) twenty (20) representatives from each university or college MLP Liberal club duly recognized by motion of the Board of Directors, each representative having to be enrolled as a student at the university or college club that it represents; (c) eight (8) representatives from each high school MLP Liberal club duly recognized by motion of the Board of Directors, each representative having to be enrolled as a student in the high school of the club that it represents; (d) past and present members of the Liberal Caucus from Manitoba in the Provincial Legislature who are resident in Manitoba, all Liberal candidates of the last preceding election for the Provincial Legislature, the duly nominated Liberal candidate for any Constituency Associations, and all honourary members of the MLP; (e) all Past Presidents of the MLP, and all former Leaders of the MLP; (f) all members of the Board of Directors; (g) the President of each Constituency Association; (h) the President and five representatives selected by and from the Executive Board of any Association established under section 5.7; (i) Five representatives from any other MLP club duly recognized by motion of the Board of Directors of the MLP. (iii). Delegates are those persons in clause 6.1(ii) herein who pay the registration fee for the Annual General Meeting at or prior to the annual general meeting. (iv). No delegate is entitled to appoint a proxy to vote in its stead. (v). Only residents of a Constituency who are members of the MLP shall be entitled to vote for and be selected as delegates in any Constituency Association delegate selection meeting. (vi). The President and Executive of each Constituency Association, university, college, high school, or women s or Aboriginal club, shall have the responsibility for calling and holding such Constituency Association or club meetings. (vii). Notwithstanding clause 6.1(i), in the event of the call of a general provincial election to be held in the second half of the year, the Board of Directors, by a two-thirds vote, 14

15 may cancel an Annual General Meeting that has been called or may defer calling an Annual General Meeting for up to four months Under special circumstances the Board of Directors, by a two-thirds vote, may re-schedule an Annual General Meeting required under section 6.1 and the change in the date of the Annual General Meeting cannot exceed twelve months Special General Meeting (i). The Board of Directors may call and arrange for special general meetings of the MLP, the delegates to which shall be the delegates from the immediately preceding Annual General Meeting. The Secretary of the MLP shall notify delegates to the immediately preceding Annual General Meeting at least fourteen days prior to the meeting. (ii). Where in the opinion of the Board of Directors, as expressed by a two-thirds vote, extraordinary circumstances warrant a wider participation of members of the MLP, all members of the MLP may be invited to a special general meeting, in which case all registered members in good standing shall be entitled to participate fully in the meeting and to vote equally with all other registered delegates, on all matters that may arise The Board of Directors shall establish rules of procedure governing all Annual General Meetings and all special general meetings of members of the MLP under this section. 7. LEADER OF THE MANITOBA LIBERAL PARTY 7.1. The Leader is the chief political officer of the MLP, and is elected by the members of the MLP The Leader shall: (i). speak for the MLP concerning any political issue; (ii). be guided by the position of the MLP on matters of political policy; (iii). Support the activities of the MLP and abide by its Constitution and any actions taken hereunder; (iv). be the public representative of the MLP; and (v). Provide advice and direction to the MLP on political matters. 8. NOMINATION MEETINGS 8.1. In respect to candidate selection for provincial elections and by-elections, the Board of Directors shall establish, by by-law, rules of procedure governing the length of notice to be given by Constituency Associations to their members, for membership requirements, for notice requirements to nominees standing for election, for the conduct of meetings, and for any other matters relating to the selection of candidates to represent the MLP The, Leader, in consultation with the Board of Directors, may establish other requirements of potential candidates and nominated candidates concerning disclosures, conflict of interest, and such other matters as may affect the ability of a person to represent the MLP effectively as a Member of the Legislative Assembly of Manitoba. 15

16 8.3. Every person who is a member in good standing of the MLP on the date of the nomination meeting for its electoral division, and who has been so continuously for fourteen days prior to the date of the nomination meeting, shall be entitled to vote at the nomination meeting The Leader shall have the final responsibility for approving all candidates for nomination in a Constituency Association prior to the conduct of a nomination meeting by that Constituency association After consultation with the MLP President and the President of the Constituency Association, the Leader shall determine the appropriate time for the call of a nomination meeting of each Constituency Association In recognition of the special needs or circumstances in assembling an effective political team, the Leader shall have the privilege of appointing a candidate in up to three electoral divisions if the Constituency Association for that electoral division has not already held its nomination meeting Should there be no candidate elected at a duly called nomination meeting following the issuance of an electoral writ under a fixed election date, the Leader has the authority to immediately appoint the MLP candidate for that electoral division and under any other election or by-election where there is no fixed election period the Leader has the authority to appoint candidates within two days Where a candidate has been elected at a duly called nomination meeting or appointed by the Leader, as the case may be, and the ensuing provincial election has not been called within twelve months of the nominated candidate being chosen, the Leader has the power to extend for 12 months the right of that candidate to serve as a MLP candidate in the next provincial election for that electoral division The power granted under section 8.8 may be exercised a second time by the Leader should circumstances warrant. 9. PROVINCIAL LEADERSHIP CONVENTION 9.1. The Manitoba Provincial Council shall call for a Leadership Convention following the happening of any one of the following events; (i). the death, resignation or protracted illness of the Leader of the MLP; (ii). the change of primary residence of the Leader of the MLP to a place outside of Manitoba; (iii). The adoption of a Resolution calling for a Leadership Convention in accordance with clause A Resolution calling for a Leadership Convention shall be placed automatically on the agenda of the Annual General Meeting next following a provincial general election. 16

17 9.3. Upon the call for a convention being issued in accordance with section 9, the Board of Directors shall: (i). set a date on a Saturday for the Leadership Convention, said date to be not more than 18 (eighteen) months from the date of the call of a Leadership Convention; (ii). appoint Leadership Convention Organizing Chairs; and (iii). appoint a Returning Officer who may appoint such other persons, as it may see fit, to act as Deputy Returning Officers; (iv). Ensure Leadership Convention Organizing Co-Chairs and the Returning Officer remain impartial during the Leadership Contest At least 45 days before the date set for the Leadership Convention, the Board of Directors shall give written notice to all members of the MLP in good standing, which notice shall include: (i). the date of the Leadership Convention; (ii). the address of the Leadership Convention location or locations; (iii). the addresses of all other convention locations, and the names of the constituencies that will vote at each other location; (iv). the deadline for nominations for leader of the party and the procedure for nomination; (v). the rules respecting voter eligibility for the Leadership Convention; (vi). Application for a mail-in ballot for those constituencies identified in clause 9.7(vi) Every person who is a member in good standing of the MLP on the date of the Leadership Convention, and who has been so continuously for thirty days prior to the date of the Leadership Convention shall be entitled to vote at the Leadership Convention and, if eligible for election to the Manitoba Legislature, to stand for election as Leader of the MLP The Leadership Convention shall take place at a central location in the City of Winnipeg or any other locations designated by the Board of Directors Voting at a Leadership Convention shall be conducted as follows (i). A person eligible to vote may vote: (a) at the convention location or locations; (b) by mail-in ballot for those members residing in those constituencies subject to clause 9.7(vi); (c) the mail-in ballot referred to in clause 9.7(i)(b) shall be a single transferable ballot, (d) At advance polls as designated by the Board of Directors, by single transferable ballot; but in no circumstances may this person vote in more than one fashion; (ii). voting shall be by secret ballot; (iii). collection and counting of ballots shall proceed as follows: (a) voting shall be by constituency, and all ballots cast by persons eligible to vote from one Constituency shall be collected and counted separately from ballots cast by persons eligible to vote from other constituencies; (b) subject to clause 9.7(iii)(c) hereof, once all of the ballots from a Constituency are counted, the total number of votes received by each candidate in that Constituency shall be deemed to be the number, X, which equals the percentage 17

18 of votes received by that candidate out of the total number of votes cast in that constituency, according to the following expression: X = number of votes received by candidate 100 total number of votes cast in constituency (c) Where 100 ballots or fewer are counted in a constituency, the number of votes from that Constituency received by a candidate shall be the actual number of votes received by that candidate. (iv). In order to be declared elected, a candidate for Leader of the Party must receive 50% plus one, or more, of the total number of votes cast at the Leadership Convention calculated in accordance with clause 9.7(iii) hereof. Where, after a vote is conducted, no candidate receives sufficient votes to be declared elected, and the returning officer shall cause the name of the candidate receiving the fewest number of votes to be deleted form the ballot and another vote taken, and so on until a candidate is declared elected. (v). In the event that only one person is nominated to stand for election as Leader of the MLP in accordance with section 9 and any rules made hereunder, or if more than one person shall have been nominated and all but one of the people so nominated shall have withdrawn or been disqualified as candidates, then after the expiry of the time for the filing of nomination papers or the withdrawal or disqualification of a candidate or candidates, as the case may be, the Returning Officer shall declare such person acclaimed as Leader of the MLP. (vi). The Board of Directors shall designate those constituencies entitled to a mail-in ballot, which shall depend on the location or locations for the Leadership Convention The Board of Directors may, by two-thirds majority, make rules not inconsistent with section 9, as recommended by the Leadership Convention Organizing Committee, respecting: (i). nomination, accreditation, withdrawal and disqualification of leadership candidates, including the form of nomination paper to be filed; (ii). accreditation of persons eligible to vote; (iii). selection of convention location, or locations; (iv). the schedule of Leadership Convention events, including, but not limited to, candidates speeches and voting; (v). conduct of voting, including the form of ballot and the method of counting and reporting the vote; (vi). provision for mail-in balloting; (vii). provision for advance polling; (viii). provision for resolving a tie vote; (ix). the amount, if any, to be paid by a candidate for Leader of the MLP upon the filing of nomination papers, and the disposition of all amounts so paid; (x). the fee to be charged each person who votes at, or participates in a Leadership Convention; (xi). Any other matter reasonably necessary for the conduct of a Leadership Convention under section 9. 18

19 (xii). Designation and substitution of the constituencies that shall be listed as mail-in ballot constituencies under clause 9.7(vi) In the event that any part of a provincial general election campaign takes place concurrent with any part of a campaign for leadership of the MLP, the Board of Directors may abridge any time period established under section 9, or any rule made hereunder. 10. ACCOUNTING, FINANCIAL AND OPERATIONS MANAGEMENT (i). (ii). (iii). (iv). (v). The fiscal year end of the MLP shall be December 31 of each year. Copies of the audited financial statements for a fiscal year shall be available for viewing by members in MLP headquarters on or before by March 31 of the following year. Members, Constituency Associations, and MLP Associations and the Manitoba Provincial Council may waive or vary their rights respecting the manner of notice or other communication, including written notice, of any action or communication relating to the MLP in order that the MLP may utilize more efficient and effective communications technology, and any such waiver or variation of rights may be withdrawn by the member, Constituency Association, MLP Association or the Manitoba Provincial Council at any time. The MLP and all of its organizational entities may make by-laws, guidelines or directives to carry out the responsibilities conferred upon them under this constitution. All general meetings of the MLP and Constituency Association meetings shall be conducted in accordance with Robert s Rules of Order. 11. CONSTITUTIONAL CONFLICTS AND AMENDMENTS This Constitution and the laws of Manitoba shall govern the affairs of the MLP; In the event of any conflict between this Constitution and any Constitution of any of the MLP s constituent bodies or Associations, this Constitution shall prevail This Constitution may be amended at an Annual General Meeting of the MLP or other general meeting of the MLP provided that; (i). a written Notice to amend the Constitution together with the proposed amendment(s) is submitted to the Secretary of the MLP at least fifty days prior to the Annual General Meeting or special general meeting to amend the Constitution, which notice and amendments shall be made available to all members at the time of such Notice sent under clause 6.1(i); and (ii). the proposed amendment, subject only to amendments from the floor of the convention which do not substantially alter the intention of the original amendment, is carried by a vote of no less than two-thirds of the votes cast. (iii). All amendments shall take effect immediately after the Annual General Meeting unless, on motion from the floor, a 2/3 majority of votes cast decides otherwise. 19

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