WHEREAS the Francophone Association of Municipalities of Ontario / Association française des municipalités de l’Ontario has been created by letters patent dated November 19, 1990;
BE IT RESOLVED that the following shall constitute the By-laws of the Francophone Association of Municipalities of Ontario / Association française des municipalités de l’Ontario:
1.0 - NAME
1.1 The Association shall be officially known as the ASSOCIATION FRANÇAISE DES MUNICIPALITÉS DE L'ONTARIO.
2.0 - INTERPRETATION
2.4 2.1 Elected municipal officers: means persons elected as members of a municipal council under the Act or under the Municipal Elections Act, 1996;
2.2 Municipal managers: means non-unionized employees of a corporate member;
2.3 Board of directors: means the Board elected under section 13;
2.5 2.4 Association: means the Francophone Association of Municipalities of Ontario / Association française des municipalités de l’Ontario;
2.6 2.5 Letters patent: means the letters patent of the Association dated November 19, 1990;
2.6 Director: means a person elected by the members under section 13;
3.0 - GOALS AND OBJECTIVES
3.1 GOALS: The Association shall provide French-speaking elected municipal officers and directors a public forum and relevant services in French and shall act, as required, as representative and advisor to departments and organizations of the Province of Ontario involved in municipal affairs.
3.2 OBJECTIVES: In addition to the objectives outlined in the letters patent, the Association shall strive to achieve the following objectives:
a) Act as representative for members in matters of common interest;
b) Foster professional development and ongoing training of its members;
c) Serve as a forum for sharing information and opinions for its members;
d) Liaise with other municipal stakeholders in Ontario and Canada;
e) Encourage legislative and governmental action to promote the well-being of communities;
f) Facilitate the full participation of members in activities of the Francophone Association of Municipalities of Ontario / l’Association française des municipalités de l’Ontario;
g) Cooperate with AMO as needed to provide assistance in dealing with issues affecting member communities;
h) Promote and encourage the use of French in municipal affairs;
i) Foster economic progress in Ontario by cooperating with various organizations concerned;
j) Promote the immigration of Francophones to Ontario and support the integration of racial and ethno-cultural minorities within various Francophone communities in Ontario.
4.0 - HEAD OFFICE
The head office of AFMO shall be located at a place designated by the Board of Directors.
5.0 - WORKING LANGUAGE
The communication language of AFMO shall be French.
6.0 - CATEGORIES OF MEMBERSHIP
6.1 AFMO shall be comprised of four (4) categories of membership: member municipalities, individual members, honorary members and associate members.
6.2 Member municipalities: This category of membership is comprised of municipalities and executive committees of social services of the northern region district who have paid in full the annual membership fee set by the Board of Directors.
6.3 Individual members: Unless otherwise approved by the Board of Directors, the individual member’s category is comprised of elected municipal officers, municipal managers and French-speaking members of advisory committees who have fully paid the annual membership fee set by the Board of Directors.
6.4 Honorary Members: This category of membership is comprised of members who have contributed significantly to AFMO, and are so designated by the Board of Directors.
6.5 Associate Members: This category of membership is comprised of Francophone and Anglophone associations and institutions, stakeholders involved in municipal matters in terms of management and provision of French language services and of ratepayers who have paid in full their annual membership fee set by the Board of Directors.
7.0 - MEMBERS’ RIGHTS
7.1 Municipality Member: Pursuant to section 6.2 and through the services of its representatives, each member municipality of AFMO shall be entitled to exercise the following rights:
a) The right to speak and to vote at annual general meetings of members of the Association;
b) The right to be elected or to elect a representative with respect to the various positions on the Board of Directors of the Association;
c) The right to examine the financial statements of the Association provided that notice to do so is given no less than 30 days in advance;
d) The right to be represented by voting delegates at annual meetings of the members of the Association;
e) The right to take part in activities of the Association.
7.2 Individual member: Pursuant to section 6.3, any individual member of AFMO shall be entitled to exercise the following rights:
a) The right to speak and to vote at annual general meetings of the members of the Association;
b) The right to be elected to various positions on the Board of Directors of the Association;
c) The right to examine the financial statements of the Association, provided that notice to do so is given at least 30 days in advance;
d) The right to take part in activities of the Association.
7.3 Honorary member: Pursuant to section 6.4, honorary members of AFMO shall be entitled to speak but not to vote at annual general meetings of the members of the Association.
7.4 Associate member: Pursuant to section 6.5, any organization, association or person who is an associate member shall be entitled to exercise the following rights:
a) The right to speak but not the right to vote at annual general meeting of the members of the Association;
b) The right to be elected or to elect a representative among the associate members to positions on the Board of Directors, excluding the positions of President and Vice President;
c) The right to vote at meetings of the Board of Directors provided that the person has been elected to the Board of Directors as a representative of the associate members;
(d) The right to examine financial statements of the Association provided that notice to do so is given no less than 30 days in advance;
e) The right to take part in activities of the Association.
8.0 - ANNUAL FEE
8.1 Every member municipality shall pay an annual fee set by the Board of Directors.
8.2 Every individual member shall pay an annual fee set by the Board of Directors.
8.3 Every honorary member is exempt from paying the annual fee and the registration fee of the annual convention.
8.4 Every individual member shall pay an annual fee set by the Board of Directors.
8.5 The amount of the annual fee shall be set based on the annual operational budget established by the Board of Directors for the central services and activities of the Association.
8.6 Members shall be notified in January of the amount of the annual fee applicable to the next fiscal year.
8.7 The annual fee shall become due and payable on the 30th of April of each year and is non-refundable.
8.8 Any member who has failed to pay his or her annual fee by the prescribed deadline shall not be entitled to exercise the rights described in these By-laws.
9.0 - DEMOGRAPHIC STRUCTURE
9.1 For the purposes of the representation of the municipal elected officers appointed to the Board of Directors, AFMO is divided into three (3) areas according to the economic regions defined by the Province of Ontario. The statistics referring to the Francophone population have been provided by the Office of Francophone Affairs of Ontario and Statistics Canada from the latest census available:
a. Eastern 4
b. Northern 3
c. Southwest-Centre 2
9.2 The Eastern area covers the counties of Stormont, Dundas, Glengarry, Prescott, Russell, Renfrew and the City of Ottawa. Two of the four seats shall be assigned to the City of Ottawa. Should the City of Ottawa fail to fill those two seats within the period of time allotted by the Board of Directors, the committee reserves the right to appoint two extra members from the Eastern area.
9.3 The Northern area covers the districts of Algoma, Cochrane, Nipissing, Sudbury, Timiskaming, Thunder Bay and Kenora.
9.4 The Southwest-Centre area covers the city of Toronto, the regional municipality of Hamilton-Wentworth, the regional municipality of Peel, Simcoe County and the Niagara Peninsula as far as Windsor. One of the two seats shall be assigned to the City of Toronto. Should the City of Toronto fail to fill this seat within the period of time allotted by the Board of Directors, the committee reserves the right to appoint one extra member from the Southwest-Centre area.
9.5 The Board of Directors may at any time include in certain areas, counties, districts or municipalities not mentioned above.
10.0 - GENERAL MEETING
10.1 The General Meeting shall be the supreme authority of AFMO. All members gather at this meeting. Except as otherwise provided in these By-laws, decisions made at the General Meeting shall be taken by a simple majority vote.
10.2 Representatives of member municipalities and the individual members of AFMO shall be entitled to vote and be elected pursuant to section 6.0.
10.3 The General Meeting shall be held annually.
10.4 The General Meeting shall hold a non-scheduled meeting whenever one is convened by the Board of Directors.
10.5 The notice of meeting for General Meetings shall be sent to every member of the Association no less than thirty (30) days before the date of the meeting.
10.6 Any resolution to be tabled at the General Meeting shall be provided in writing to the Secretariat no less than thirty (30) days before the date of the General Meeting.
10.7 Any resolution that has not been provided to the Secretariat within the prescribed period may be considered by the General Meeting provided that two thirds (2/3) of the attending delegates with voting rights agree to consider such resolution.
10.8 The applicable Rules of Order as used by deliberative assemblies shall be the Morin Code.
11.0 - POWERS OF THE GENERAL MEETING
The General Meeting may exercise the following powers:
11.1 Determining the major policies of AFMO;
11.2 Establishing the work priorities of AFMO;
11.3 Obtaining reports on the management of AFMO;
11.4 Approving the financial statements of the completed fiscal year;
11.5 Appointing the financial auditor;
11.6 Electing the members of the Board of Directors. The directors from each area, as provided for in section 9, shall be elected by the members (or their delegates) from the relevant areas;
11.7 Electing a President who shall be an elected municipal officer.
12.0 - GENERAL ELECTIONS
12.1 The results of any elections shall be decided by a simple majority vote of the voting members, using a secret ballot procedure.
12.2 During the 45 day period preceding the date of the General Meeting, the directorate shall receive the nominations with respect to vacant positions on the Board of Directors. Despite the preceding rule, nominations with respect to positions for which the directorate has not received any nomination may be received during the General Meeting.
13.0 - THE BOARD OF DIRECTORS
13.1 The Board of Directors shall be comprised of 14 directors, namely:
a) A President elected by the General Meeting;
b) Two Vice Presidents selected from among the elected directors (one Vice President representing the Northern area and the other one representing the other areas of the province);
c) Nine (9) directors elected in accordance with section 9;
d) The outgoing President who shall remain President until the transfer of power to the newly elected President occurs;
e) Two directors, namely one representing the associate members of the Northern area covering the districts of Algoma, Sudbury, Cochrane, Timiskaming, Nipissing, Kenora and Thunder Bay, and the other one representing the other areas of Ontario, both of whom shall be elected by the associate members (or their delegates);
f) A treasurer appointed by the Board of Directors, who shall be a municipal manager.
13.2 No member shall be allowed to fill more than one position.
13.3 Any vacant position shall be filled in accordance with the procedure set out in these By-laws.
13.4 The outgoing President shall remain in office even if that person is no longer an elected member of a municipal council or a municipal manager, provided that this person meets the requirements applicable to individual members. The outgoing President shall have a voting right.
13.5 In the event that an area has no representative on the Board of Directors, the Board may ask one of its members to represent that area. The Board should endeavour to make the request to a person from the unrepresented area; however if the position cannot be filled by such a person, the Board may ask a member from another area to fill the position.
13.6 A President elected at the General Meeting for the first time during a year in which municipal elections are scheduled for the fall shall not have the privilege of sitting as outgoing President unless that person is re-elected as a municipal councillor.
13.7 Should the President become non-eligible during his or her term, the President shall automatically be replaced by one of the Vice Presidents.
13.8 The Vice President position shall then be filled by one of the elected directors.
13.9 The Board of Directors shall appoint a director to fill the position previously occupied by the one who has become Vice President.
13.10 The outgoing President shall hold office until the Annual General Meeting.
13.11 Pursuant to sections 13.1(d) and 13.4, where the President is removed from his or her position as a result of becoming non-eligible during his or her term, he or she shall become the outgoing President during the elections held at the Annual General Meeting
13.12 Quorum is reached when half of the director positions on the Board of directors are filled.
13.13 The Board of Directors shall meet on the day preceding the Annual General Meeting or on the day of the Annual General Meeting, and whenever a meeting of the Board is convened by the President.
13.14 Directors’ term of office: The term of office of the directors shall not exceed two (2) years and shall begin at the time of the transfer of power at the General Meeting. The term of office may be renewed any number of times with the exception of the President’s term of office which shall not exceed two consecutive years.
14.0 - STANDING COMMITTEES
14.1 Executive Committee
The Executive Committee shall consist of five (5) members:
a) The President of AFMO ex officio;
b) The Vice Presidents of AFMO ex officio;
c) A director selected from the Board of Directors;
d) A secretary selected by the Board of Directors.
14.2 Annual Convention Committee
The Annual Convention Committee shall consist of (4) members:
a) The President of AFMO ex officio;
b) Three (3) members appointed by the Board of Directors;
c) The Chair and the Secretary of the Annual Convention Committee shall be elected by the members of the said committee;
d) The Annual Convention Committee shall meet whenever convened by the Chair of the Annual Convention Committee.
15.0 - EXECUTIVE COMMITTEE
15.1 The Executive Committee shall be responsible for the ongoing administration and for the coordination of the activities of AFMO. The Committee shall implement decisions of the Board of Directors, manage the Secretariat and perform any tasks assigned by the Board of Directors.
15.2 Three (3) members with voting rights shall constitute quorum for the Executive Committee.
15.4 The Executive Committee shall meet whenever convened by the President of AFMO.
16.0 - ANNUAL CONVENTION COMMITTEE
16.1 The Annual Convention Committee shall be responsible for:
a) Developing the program for the annual convention;
b) Collaborating with the staff of the Secretariat in order to organize the annual convention;
c) Presenting a report of its activities to the Board of Directors;
d) Two (2) members shall constitute a quorum for the Annual Convention Committee
17.0 - PRESIDENT
17.1 The President shall represent AFMO in all matters of civic life. The President shall be the official spokesperson for AFMO and shall preside at the meetings of the Board of Directors and of the Executive Committee. He or she shall be ex officio member of any committee or working group.
17.2 Any representative of a member municipality and any individual member who is an elected municipal officer shall be eligible for the presidency of the Association.
17.3 Any candidate for presidency shall be nominated by two persons with voting rights during the General Meeting.
18.0 - VICE PRESIDENTS
18.1 The Vice Presidents shall act for the President in his or her absence. They shall be vested with the same powers as the President and shall support him or her in the performance of all duties and functions.
18.2 Any representative of a member municipality and any individual member who is an elected municipal officer may be elected to one of the Vice President positions of the Association, provided that they have been elected as Director.
19.0 - PAST PRESIDENT
19.1 The Past President shall be responsible for follow-up action after the transfer of power, shall advise the President on the affairs of AFMO and take part in the proceedings of the Board of Directors.
20.0 - SPECIAL COMMITTEES
20.1 The Board of Directors may set up, as required, a committee tasked to examine a specific matter within a prescribed time frame.
20.2 Each special committee shall present its report to the Board of Directors.
21.0 - MISCELLANEOUS
21.1 Fiscal Year: The fiscal year shall run from the 1st of April of each year to the 31st of March of the following calendar year.
21.2 Affiliations: The Association may, if the Board of Directors so decides, become a member of any national or provincial association with similar objectives.
21.3 By-law Amendments: This By-law shall only be amended by way of a resolution filed with the Secretariat of AFMO no less than 45 days in advance of a General Meeting.
a) The proposed amendments shall be submitted to the members no less than 20 days before the General Meeting for consideration during the Meeting.
b) An amendment supported by two-thirds of the votes shall be considered as passed.
c) This By-law is established by the Board of Directors and submitted to the membership for ratification at the General Meeting. This By-law provides for the proper operation of the Association.
22.0 - COMING INTO FORCE
22.1 This By-law shall come into force on the day it is passed by the Annual General Meeting, i.e.: on the 21st day of June, 2007.