01-16-2005, 12:23 PM
Rule 26A - MOTION OF NO CONFIDENCE
(1) A motion of no confidence may be carried against an Executive Council member, a Regional Official, Brigade Official, the Chair or Secretary of each of the six National Committees of this Union, as per Rule 6(2), the National Treasurer, the Vice President or the President in accordance with this Rule ("the Official" for the purposes of this Rule).
(2) (a) A motion of no confidence (or preliminary motion) in the National Treasurer or Vice President (in the capacity of National Treasurer or Vice President) or in the President shall be considered by the Executive Council ("the Committee" for the purposes of this Rule).
(b) A motion of no confidence (or preliminary motion) in an Executive Council member (except the Executive Council members referred to in © – (h) of this Rule) or Regional Official shall be considered by the Regional Committee for the Region represented by the Executive Council member or Regional Official concerned (“the Committee†for the purpose of this Rule). For the avoidance of doubt this paragraph applies to the National Treasurer and Vice President in the capacity of Executive Council member.
© A motion of no confidence (or preliminary motion) in the Executive Council Black and Ethnic Minority Members representative, Black and Ethnic Minority Members National Committee Chair or Secretary shall be considered by the Black and Ethnic Minority Members National Committee (“the Committee†for the purposes of this Rule).
(d) A motion of no confidence (or preliminary motion) in the Executive Council Control Staff representative, the Control Staff National Committee Chair or Secretary shall be considered by the Control Staff National Committee ("the Committee" for the purposes of this Rule).
(e) A motion of no confidence (or preliminary motion) in the Executive Council Gay & Lesbian members representative, the National Gay and Lesbian Committee Chair or Secretary shall be considered by the National Gay and Lesbian Committee (“the Committee†for the purposes of this Rule).
(f) A motion of no confidence (or preliminary motion) in the Executive Council Officers' representative, the Officers' National Committee Chair or Secretary shall be considered by the Officers' National Committee ("the Committee" for the purposes of this Rule).
(g) A motion of no confidence (or preliminary motion) in the Executive Council Retained Members representative, National Retained Committee Chair or Secretary shall be considered by the National Retained Committee (“the Committee†for the purpose of this Rule).
(h) A motion of no confidence (or preliminary motion) in the Executive Council Women Members representative, National Women’s Committee Chair or Secretary shall be considered by the National Women’s Committee (“the Committee†for the purpose of this Rule).
(i) A motion of no confidence (or preliminary motion) in a Brigade Official shall be considered by the Brigade Committee for the Brigade represented by the Brigade Official concerned ("the Committee" for the purposes of this Rule). For the avoidance of doubt this paragraph applies to a Regional Official in the capacity of a Brigade Official.
(3) Before a motion of no confidence may be moved a preliminary motion of no confidence shall have been passed by the Committee not less than three months and not more than six months previously.
(4) A motion or preliminary motion of no confidence shall be taken only at an ordinary meeting of the Committee. Notice of the meeting stating the motion to be moved shall be sent by ordinary first class post by the Secretary to the Committee to all those entitled to attend (including the Official who is the subject of the motion) and if the motion or preliminary motion is to be considered by a Regional Committee, Brigade Committee, or National Committee as per Rule 6 (2) to the General Secretary not less than 21 days before the date of the meeting at which the motion is to be moved. If the Secretary to the Committee is the subject of the motion then the notice shall be sent by the Chair of the Committee.
(5) Should the Official not attend, the meeting may proceed in his/her absence.
(6) A motion or preliminary motion of no confidence shall not be voted upon until the Official (if present) has spoken (or declined to speak) in reply.
(7) If the motion or preliminary motion of no confidence alleges specific acts or omissions on the part of the Official and the Official in his/her reply under Paragraph (6) above states that in his/her opinion he/she was acting in accordance with Union policy in relation to the alleged acts or omissions the Committee shall pay due regard to such a submission before any vote upon the motion or preliminary motion of no confidence is taken.
(8) To be carried, a motion or preliminary motion of no confidence shall require a majority of two-thirds of those entitled to vote and present at the meeting. The Officials shall be entitled to vote if he/she would normally have a vote at the meeting.
(9) A motion or preliminary motion of no confidence may not be moved in the same Official less than twelve months after an unsuccessful motion or preliminary motion has been moved.
(10) An Official in whom a motion of no confidence has been successfully moved shall be deemed to have resigned forthwith and an election for the post thus vacated shall be held in accordance with the Rules of the Union. For the avoidance of doubt, the Official in whom the motion was carried may offer himself/herself for election to the vacant position.
Rule 26B - PROCEDURE FOR MOTION OF NO CONFIDENCE IN THE WHOLE OF THE EXECUTIVE COUNCIL
(1) The Executive Council shall be removed from office upon two-thirds of the members of the Union voting in favour of a motion for such removal in a national ballot of the membership.
(2) The General Secretary shall initiate the ballot at (1) above upon receipt of a written request signed on behalf of such number of Brigade Committees as represent a minimum of one-third of the total membership of the Union.
(3) The ballot shall be scrutinised by the firm of Chartered Accountants referred to in Rule 19(1)(b) who shall act as returning officers.
(4) Upon the removal from office of the Executive Council in accordance with this Rule the General Secretary shall give notice of an election for all the Executive Council seats vacated by the effect of this Rule. Any Executive Council member removed from office as a result of the ballot at (1) above may offer himself/herself for re-election.
(1) A motion of no confidence may be carried against an Executive Council member, a Regional Official, Brigade Official, the Chair or Secretary of each of the six National Committees of this Union, as per Rule 6(2), the National Treasurer, the Vice President or the President in accordance with this Rule ("the Official" for the purposes of this Rule).
(2) (a) A motion of no confidence (or preliminary motion) in the National Treasurer or Vice President (in the capacity of National Treasurer or Vice President) or in the President shall be considered by the Executive Council ("the Committee" for the purposes of this Rule).
(b) A motion of no confidence (or preliminary motion) in an Executive Council member (except the Executive Council members referred to in © – (h) of this Rule) or Regional Official shall be considered by the Regional Committee for the Region represented by the Executive Council member or Regional Official concerned (“the Committee†for the purpose of this Rule). For the avoidance of doubt this paragraph applies to the National Treasurer and Vice President in the capacity of Executive Council member.
© A motion of no confidence (or preliminary motion) in the Executive Council Black and Ethnic Minority Members representative, Black and Ethnic Minority Members National Committee Chair or Secretary shall be considered by the Black and Ethnic Minority Members National Committee (“the Committee†for the purposes of this Rule).
(d) A motion of no confidence (or preliminary motion) in the Executive Council Control Staff representative, the Control Staff National Committee Chair or Secretary shall be considered by the Control Staff National Committee ("the Committee" for the purposes of this Rule).
(e) A motion of no confidence (or preliminary motion) in the Executive Council Gay & Lesbian members representative, the National Gay and Lesbian Committee Chair or Secretary shall be considered by the National Gay and Lesbian Committee (“the Committee†for the purposes of this Rule).
(f) A motion of no confidence (or preliminary motion) in the Executive Council Officers' representative, the Officers' National Committee Chair or Secretary shall be considered by the Officers' National Committee ("the Committee" for the purposes of this Rule).
(g) A motion of no confidence (or preliminary motion) in the Executive Council Retained Members representative, National Retained Committee Chair or Secretary shall be considered by the National Retained Committee (“the Committee†for the purpose of this Rule).
(h) A motion of no confidence (or preliminary motion) in the Executive Council Women Members representative, National Women’s Committee Chair or Secretary shall be considered by the National Women’s Committee (“the Committee†for the purpose of this Rule).
(i) A motion of no confidence (or preliminary motion) in a Brigade Official shall be considered by the Brigade Committee for the Brigade represented by the Brigade Official concerned ("the Committee" for the purposes of this Rule). For the avoidance of doubt this paragraph applies to a Regional Official in the capacity of a Brigade Official.
(3) Before a motion of no confidence may be moved a preliminary motion of no confidence shall have been passed by the Committee not less than three months and not more than six months previously.
(4) A motion or preliminary motion of no confidence shall be taken only at an ordinary meeting of the Committee. Notice of the meeting stating the motion to be moved shall be sent by ordinary first class post by the Secretary to the Committee to all those entitled to attend (including the Official who is the subject of the motion) and if the motion or preliminary motion is to be considered by a Regional Committee, Brigade Committee, or National Committee as per Rule 6 (2) to the General Secretary not less than 21 days before the date of the meeting at which the motion is to be moved. If the Secretary to the Committee is the subject of the motion then the notice shall be sent by the Chair of the Committee.
(5) Should the Official not attend, the meeting may proceed in his/her absence.
(6) A motion or preliminary motion of no confidence shall not be voted upon until the Official (if present) has spoken (or declined to speak) in reply.
(7) If the motion or preliminary motion of no confidence alleges specific acts or omissions on the part of the Official and the Official in his/her reply under Paragraph (6) above states that in his/her opinion he/she was acting in accordance with Union policy in relation to the alleged acts or omissions the Committee shall pay due regard to such a submission before any vote upon the motion or preliminary motion of no confidence is taken.
(8) To be carried, a motion or preliminary motion of no confidence shall require a majority of two-thirds of those entitled to vote and present at the meeting. The Officials shall be entitled to vote if he/she would normally have a vote at the meeting.
(9) A motion or preliminary motion of no confidence may not be moved in the same Official less than twelve months after an unsuccessful motion or preliminary motion has been moved.
(10) An Official in whom a motion of no confidence has been successfully moved shall be deemed to have resigned forthwith and an election for the post thus vacated shall be held in accordance with the Rules of the Union. For the avoidance of doubt, the Official in whom the motion was carried may offer himself/herself for election to the vacant position.
Rule 26B - PROCEDURE FOR MOTION OF NO CONFIDENCE IN THE WHOLE OF THE EXECUTIVE COUNCIL
(1) The Executive Council shall be removed from office upon two-thirds of the members of the Union voting in favour of a motion for such removal in a national ballot of the membership.
(2) The General Secretary shall initiate the ballot at (1) above upon receipt of a written request signed on behalf of such number of Brigade Committees as represent a minimum of one-third of the total membership of the Union.
(3) The ballot shall be scrutinised by the firm of Chartered Accountants referred to in Rule 19(1)(b) who shall act as returning officers.
(4) Upon the removal from office of the Executive Council in accordance with this Rule the General Secretary shall give notice of an election for all the Executive Council seats vacated by the effect of this Rule. Any Executive Council member removed from office as a result of the ballot at (1) above may offer himself/herself for re-election.