INTRODUCTION:

The HCO, as it exists today, lacks a "Balance of Power" between its individual members and its leadership. This is manifested by the fact that the constitution has no safeguard clause or mechanism to prevent the abuse of power. The constitution grants the Board a broad mandate to maintain and exercise total control of the office and allows the Board to dictate its agenda.

Even though individual members of HCO enjoy limited power in the constitution, yet, they lack the crucial element of holding Board members accountable in case of any violation to the constitution. To alleviate the concerns of individual members of the HCO and to promote respect and protect the integrity of the organization's leadership office, we, at Khairiwer attempted to draft a Constitutional Amendment Proposal to be tabled on the upcoming Annual General Assembly for discussion.

 

A - AIM AND OBJECTIVE:

• TO STRENGTHEN THE MANDATE AND THE POWER OF THE COUNCIL OF ELDERS WHOSE MAIN PURPOSE IS TO PROTECT THE CONSTITUTION OF THE HARARI COMMUNITY OF ONTARIO FROM ABUSE BY THE BOARD IN THE COURSE OF EXCERCISING ITS DUTY.

• TO MAINTAIN BALANCE OF POWER BETWEEN INDIVIDUAL MEMBERS OF THE COMMUNITY AND THE BOARD.

• TO HAVE MEMBERS BUILD STRONG CONFIDENCE TOWARDS THEIR ORGANIZATION AND THEIR ELECTED BOARD OF DIRECTORS.

B - COUNCIL STRUCTURE:

• THE COUNCIL COMPRISES OF 3 MEMBERS (PREFERABLY FROM BOTH GENDERS FOR FAIR REPRESENTATION).

• THE COUNCIL MEMBERS SHALL BE ELECTED BY THE COMMUNITY MEMBERS AT THE ANNUAL GENERAL ASSEMBLY.

• THE COUNCIL MEMBERS SHALL SERVE FOR TWO CONSECUTIVE YEARS.

• IF MEMBER/S RESIGNED OR LEAVES OFFICE BEFORE THE END OF THEIR TERM, THE BOARD BY A MAJORITY VOTE SHALL APPOINT OTHER MEMBERS FROM THE COMMUNITY.

C - PURPOSE:

• TO OVERSEE VIOLATION/S OF THE CONSTITUTION OF THE HARARI COMMUNITY OF ONTARIO BY THE BOARD OF DIRECTORS IN THE COURSE OF EXRECISING ITS DUTY AND REPORT THE BOARD’S NON-COMPLIANCE ON QUARTERLY BASIS, AND A FINAL SUMMARY REPORT ANNUALY TO THE GENERAL ASSEMBLY.

D - DUTIES:

•THE COUNCIL SHALL RECEIVE A COPY OF THE MINUTES OF EACH EXECUTIVE COMMITTEE AND/OR BOARD MEETING WITHIN TWO WEEKS.

•THE COUNCIL WILL REVIEW THE DECISIONS MADE BY THE BOARD AND EVALUATE ITS CONSTITUTIONALITY.

•A VIOLATION OF ANY SECTION OF THE CONSTITUTION WILL BE INTIALLY PRESENTED TO THE BOARD FOR REVIEW AND RECONSIDERATION.

• THE BOARD SHALL REPORT BACK ITS FINAL DECISION REGARDING THE VIOLATION TO THE COUNCIL WITHIN TWO WEEKS.

•IN CASE OF DISAGREEMENT BETWEEN THE COUNCIL AND THE BOARD ON THE CONSTITUTIONALITY OF THE DECISION; THE BOARD WILL HAVE THE RIGHT TO EXERCISE ITS DUTY WHILE THE COUNCIL RESERVES THE RIGHT TO REPORT ITS FINDINGS THROUGH BULLETIN BOARD AND OTHER AVAILABLE COMMUNICATION MEDIA ON A QUARTERLY BASIS AND A SUMMARY REPORT ONCE ANNUALY TO THE COMMUNITY MEMBERS AT THE ANNUAL GENERAL ASSEMBLY.

•COMPLAINTS BY COMMUNITY MEMBERS SHALL BE INITIALLY PRESENTED IN WRITING AND DEALT WITH DIRECTLY WITH THE BOARD.

•THE BOARD WILL RESPOND IN WRITING TO THE COMPLAINANT NO LATER THAN FOUR WEEKS FROM RECEVING THE COMPLAINT. A COPY OF THE CORRESPONDENCE SHALL BE SENT TO THE COUNCIL.

•IF THE MEMBER IS NOT SATISFIED WITH THE RESPONSE OF THE BOARD HE THEN SHALL ASK THE COUNCIL IN WRITING FOR FURTHER INVESTIGATION.

•THE COUNCIL WILL THEN INVESTIGATE THE MATTER SEPARETELY OR WITH THE BOARD IF WARRANTED. BASED ON COUNCIL'S FINDINGS IF INDEED THE CONSTITUTION IS VIOLATED, THE COUNCIL SHALL RESPOND TO THE COMPLAINANT, THE BOARD AND REPORT TO THE COMMUNITY ON ITS QUARTELY REPORT AND A SUMMARY REPORT ONCE ANNUALY TO THE COMMUNITY MEMBERS AT THE ANNUAL GENERAL ASSEMBLY.

•THE COUNCIL SHALL REPORT ITS ANNUAL WORK AT THE GENERAL ASSEMBLY REGARDING THE COMPLIENCE OF THE BOARD OF DIRECTORS TO THE CONSTITUTION WHILE PERFORMING THEIR DUTY.

•THE COUNCIL WILL ALSO MAKE RECOMMENDATIONS REGARDING CONSTITUTIONAL AMENDMENTS

Khairiwer

Sept 2004.