OPSA Constitution

OTAGO POLYTECHNIC STUDENTS’ ASSOCIATION INC.

CONSTITUTION

Revision - March 2010

NAME

1. The name of the Association is the Otago Polytechnic Students' Association Incorporated (more commonly referred to as “OPSA”)

INTERPRETATION

2.         In this Constitution, unless a contrary intention appears:

            "Academic Year" means the period commencing on the day in any one year on which classes commence for full or part-time students, and ends on the day upon which lectures and classes finish in that same year.

"Financial Year" means the calendar year commencing on the 1st day of January and terminating on the 31st day of December in that same year.

"Association" or “OPSA” means the Otago Polytechnic Students' Association Incorporated

"Executive" means the Executive Committee, elected or appointed in accordance with this constitution.

"Member" means any person who is for the time being a member of the Association in accordance with this constitution.

REGISTERED OFFICE

3. The Registered Office of the Association shall be situated at the offices of the Association, or at such other place or places, as the Association shall from time to time determine.

OBJECTIVES

4. The activities of the Association are limited to within New Zealand and the objectives for which the Association is established are:

(a) To promote and be concerned with provision of services, facilities and amenities which will foster the educational, social, cultural, recreational, emotional, physical and welfare needs of all members, present and future.

The Association exists to work towards removing barriers to education at Otago Polytechnic and to assist ALL enrolled students, where necessary, to obtain an education and be given every opportunity to ensure their studies are successful. OPSA will work with all student services on campus and encourage such student clubs, societies and activities as it deems fit.
The Association shall provide student representation to the Council of

the Otago Polytechnic and also the Ministry of Education and to other official bodies as necessary.

The Association shall promote the advancement of education and ensure that the activities of the Association are beneficial and accessible to the Community at large.

The Association shall assist student and community groups with health, counselling, budget and legal advice, and other welfare activities beneficial to its members and the community.

(f) To manage and control such buildings or parts of buildings, or other premises and areas as are allotted to the Association.

(g) To purchase, take, lease, exchange, hire, or otherwise acquire, hold, mortgage and dispose of any real or personal property and any rights and privileges which the Association shall think necessary or expedient for the purposes of attaining the objects of the Association, or any of them, or promoting the interests of the Association or its members.

For the purposes of this sub-clause, at least 10% of the annual OPSA membership levy (less GST) shall be set aside and shall be invested by the Association and shall be shown as a separate fund on the annual balance sheet of the Association. This fund shall be known as the "Capital Expenditure Account".

To print, publish and disseminate books, bulletins, papers, magazines or other printed matter, dealing with topics which are, or may be, of concern or interest to it's members or the community at large.

To keep and preserve all relevant records likely to be of value or interest to members.

To aid or otherwise subscribe to any charity, cause or organisation which it may in the opinion of the Association, be desirable.

To raise funds for any of the objects contained in sub-clause (h) of this Constitution, the Assn may appeal for donations or raise money by lawful means.

To assist affiliated bodies (as defined in Rule 9) in such a manner and to

such an extent as it deems fit, whether by gift, loan, or otherwise.

(m) To join with any persons, Association, or Corporation for the accomplishment of any of the objectives of the Association and to affiliate with any national association of any kind whatsoever having similar objects.

To employ servants and agents upon such terms and conditions as it thinks fit, to do things incidental or conducive, to the attainment of the Association's objectives.

To do all such things as are incidental or conducive to the attainment of the above objectives.

OPSA recognises, and shall act consistently with Te Tiriti O Waitangi / The Treaty of Waitangi.

To acknowledge the Declaration of Independence which was signed in 1835.

ALTERATIONS TO RULES OF THE CONSTITUTION

5. These Rules or any of them, may from time to time be added to, altered, rescinded or otherwise amended by a resolution passed by a three-quarters majority of members present and entitled to vote at a General Meeting of the Association of which due notice has been given. No addition or alteration to or revision of the Rules shall be valid until registered and with the provision that no amendment shall be permitted which in any way alters the Charitable nature of the Association. The Association, subject to the consent of the Registrar of Incorporated Societies, shall have the power in General Meeting to alter the name of the Association.

SUBSCRIPTIONS

6. The annual subscription for all members of the Association shall be fixed and paid or remitted in accordance with this constitution and in accordance with current legislation.

MEMBERSHIP

7. (a) The signatories to this Constitution shall be elected office holders of the
Association.

            (b)       All persons from time to time enrolled as students at Otago Polytechnic,
                        who pay the Students' Association fee (or shall have had that fee
                        remitted in whole or in part) as prescribed by the by-laws of the Otago
                        Polytechnic Council regarding the payment of Students' Association fees
                        shall in accordance with Section 229 of the Education Act, 1989 and
                        amendments (subject to such exemption from membership on the
                        grounds of conscientious objection, or exemption from payment on the
                        grounds of hardship) be thereupon enrolled as and shall thereupon
                        become members of the Association.

RESIGNATION OF MEMBERS AND TERMINATION OF MEMBERSHIP

8. (a) Any member (other than an affiliated individual or member, life-members, or ex-officio members) not re-enrolling as a student at the Otago Polytechnic upon commencement of any new academic year, shall cease to be a member of the Association.

(b) Any member or affiliated member, may resign their membership by notice in writing to the Assn Manager/Secretary of the Association. No membership subscriptions shall be refunded upon termination of membership whether by resignation or otherwise.

(c) If the Executive of the Association determines that a member has wilfully disobeyed any of the Rules of the Constitution of the Association, or has been guilty of any conduct which is in its opinion prejudicial to the interests of the Association, it may terminate that member's membership of the Association, provided that the decision of the Executive (consistent with the theories of natural justice) shall be ratified by a vote of two-thirds of the Executive. This decision can be over-ruled by way of a Special General Meeting.

(d) No affiliated body may expel any of its members without first obtaining the consent of the Executive of the Association.

AFFILIATED MEMBERS

9. Affiliations to this Association will be open to any individuals or national association of any kind whatsoever having similar objects, which has paid the annual affiliation fee and has been accepted by the Executive of the Association.

GENERAL MEETINGS

10. (a) The Annual General Meeting of the Association shall be held on a weekday in the month of March.

(b) Not less than 14 days notice of the Annual General Meeting and of all business to be conducted, shall be posted by the Association’s usual means of publicity, including: all Association and campus notice boards, be advertised in the student magazine, notified to all Class Representatives and to all students through the Otago Polytechnic student e-mail system.

At this meeting the Assn Manager/Secretary shall submit the last Annual General Meeting's Minutes for confirmation and present a balance sheet and statement of accounts, duly audited. The President shall submit a report on the activities of the Association and the Executive Committee Members shall be elected and appointed.

(d) The Annual General Meeting ratifies the Annual Budget approved by the Immediate Past Executive.

SPECIAL GENERAL MEETING

11. (a) Special General Meetings shall be held:

i) Whenever called by a minimum of three Executive members

ii) Whenever called by the President or Secretary of the Association

iii) Whenever not less than 30 members of the Association shall make written request to the Assn Manager/Secretary of the Association for a meeting.

(b) Any request for a Special General Meeting must be made to the Assn Manager/Secretary and be accompanied by a copy of the notice of motion to be brought before the meeting.

            (c)        The Assn Manager/Secretary shall within 5 days of the receipt by him/her of such notice of motion, post on the Association's and campus notice boards, notified to all Class Representatives and to all students through the Otago Polytechnic e-mail system. a notice of the meeting and of all business to be conducted which shall include notice of the date on which the meeting is to be held.   At least 7 days notice of all Special General Meetings shall be given to all members.

VOTING AND PROCEDURE AT GENERAL MEETINGS

12. (a) At all General Meetings of the Association, all members present and each affiliated member, through its appointed representative, shall be entitled to give one vote and not more upon every question provided that in the case of equality of votes the Chairperson of the Meeting shall have a second or casting vote.

(b) Election of Executive Members
The election of members of the Executive shall be by secret ballot or by show of hands. A separate election by secret ballot shall be conducted to elect the President and Vice President of the Association.

(c) All non-election business shall be determined on the voices or on a show of hands, unless any member before or immediately after the taking of the vote requests a poll to be taken.

(d) Quorum: Thirty (30) members of the Association shall form a quorum at a General Meeting. If within half an hour of the time appointed for the holding of a General or Special General Meeting a quorum is not present, the consideration of business to be transacted shall be adjourned.
After three adjournments, the Executive has the power to approve such business with 2/3 vote, with the exception of constitutional changes, which shall require unanimity.

(e) When a ballot is held for the election of the President and Vice President, any student, who cannot be present because of their course requiring them to be out of the Dunedin area, or studying at another campus location, shall be given the opportunity of a "special” vote. "Special" voting papers may be obtained from the Association Office (during normal office hours), on presentation of an official OPSA ID Card. Members casting a “special” vote will be marked off the official register and voting forms will be placed in the ballot box and counted after voting by ballot has ceased.

(f) “Email” votes will also be accepted from any member, from any campus location. Email voting forms shall be sent out to students, along with candidate information, on the Otago Polytechnic student email system. All votes are to be returned by email to the Returning Officer for marking off the official membership register and placed in the ballot box to be counted after voting by ballot has ceased.

OFFICERS

13. There shall be the following officers of the Association:

            President

            Vice-President

Student Representative on the Otago Polytechnic Council (where applicable)

The election of President and Vice President is to be held not earlier than the first day in September and not later than the last day of October in the same year. The Student Representative on Council shall be appointed by the outgoing Executive Committee and would normally be the elected President but could be taken up by any Officer or Executive Member of the Association or their appointee.

The Presidential position may be part-time, full-time or Co-Presidents and remuneration will be at the discretion of the Executive Committee after receiving a written outline of responsibilities to be undertaken and expected hours of work.

The Vice-Presidential position is a part-time position. The Vice-President will be an enrolled student at Otago Polytechnic in the year of taking up office at a minimum of .20 EFTS for 1 semester or .40 over the full year. Remuneration will be at the discretion of the Executive Committee after receiving a written outline of responsibilities to be undertaken and expected hours of work.

These Officers shall hold office for the next Financial Year and be considered Executive Members of the Association, until death, retirement or removal from office. They shall be eligible for re-appointment if they are considered to be members of the Association. No person can hold the position of President and/or Co-President for more than 3 consecutive years.

EXECUTIVE

14. There shall be an Executive Committee consisting of a maximum number of twelve (12) elected members including:

President (Co-Presidents are a single voting member)

Vice-President

and a minimum of six (6) and maximum of ten (10) member selected by the Association at the Annual General Meeting, or appointed by the Executive Committee as allowed

and up to two (2) representatives nominated by each of the following student groups: Maori, Pacific and International. All nominated representatives will be ratified at the Annual General Meeting.

Elected Executive members shall be required to sign and abide by all the Association’s standing policies and codes and must be eligible to sign a Charities Commission Officer certification form (or other current legislative documents). All standing policies and codes shall be available from the Assn Manager/Secretary.

The Executive shall be responsible for dealing with matters of urgency and day to day management of the Association between Annual General Meetings.

Executive meetings shall be held fortnightly, and at such times and places as the Executive shall from time to time determine. For business of the Executive, five (5) members shall constitute a quorum. All members of the Executive shall be notified five (5) days in advance of all meetings of the Executive.

(e) Should there be no or insufficient nominations for the Executive, then the outgoing Executive shall have the power and be under the duty at the first opportunity to appoint persons otherwise eligible to fill the vacancies to bring representation on the Executive up to the required number. If there are insufficient nominations to provide such number then those nominated together with the outgoing President and Vice-President shall have the same power and the same duty to fill the vacancies.

POWERS OF THE EXECUTIVE

15. (a) Except as otherwise provided by these Rules, the Executive, being the supreme governing body, shall have full power to direct and manage all the affairs and business of the Association.

(b) Without restricting the generality of clause (a) of this Rule, the Executive shall have power to appoint Committees; to make, amend and rescind such by-laws as made by the Executive deemed necessary for the good governence of the Association provided that no by-laws shall be inconsistent with any of these Rules or with the Incorporated Societies Act, 1908, or any re-enactment thereof and also provided that any by-law shall be subject to confirmation by the Association in a General Meeting.

The Executive, on a vote of two-thirds of its members, may for any cause or reason, which it may deem sufficient, request any Executive member to tender his/her resignation and if such member shall not within seven clear days comply with such request, the Executive shall have the power to expel him/her from the Executive Committee. Any Executive Member who misses three (3) consecutive, duly notified Executive Meetings, without apology to the Secretary, will be removed from their Executive position. Any member so expelled, or removed, shall no longer hold office nor be eligible for re-election for that or the following academic year, and shall forfeit all claims upon the Association's funds and property and shall be deprived of and excluded from, all rights and privileges of Executive Committee membership during such period of expulsion.

Any member may be refused membership by the Assn Manager/ Secretary on a 2/3 majority vote by the Executive Committee. Thereupon such member shall be considered not financial and be accordingly deprived of all privileges and rights of membership.

(e) If any case occurs in which, in the opinion of the Executive is not provided for in these Rules, it shall be determined by the Executive in such a manner as it shall think fit and such decision shall be final and binding, subject to the confirmation of a General Meeting.

(f) In the event of a vacancy occurring among the officers of the Association, the Executive shall have power to appoint a person to fill such a vacancy until the next General Meeting.

(g) Emergency meetings of the Executive require due notice through the Assn Manager/Secretary, to all members of the Executive.

ASSOCIATION (ASSN) MANAGER/SECRETARY

16. The Executive shall have the power, to employ any person, whether a member of the Association or not, as the Assn Manager/Secretary to the Association for such period, and upon such terms and conditions of employment, and at such remuneration, as it shall think fit

EMPLOYEES

17. The Executive shall have the power, to appoint or employ or to approve the
appointment or employment of any person, whether a member of the Association or not, and on such terms and conditions as it shall think fit. The Association complies with the Employment Relations Act 2000.

The Executive shall have the power to permit Employees to attend meetings of the Executive at such times and on such occasions as it shall think fit and may grant speaking rights, but no voting rights.

CONDUCT OF ELECTIONS FOR THE POSITIONS OF:

PRESIDENT, VICE PRESIDENT AND EXECUTIVE

18. (a) The Assn Manager/Secretary of the Association shall Act as the Returning Officer, but the Executive have the power to appoint a “professional promoter”.

(b) The Returning Officer shall appoint such assistants as he/she thinks fit.

(d) The Returning Officer determines dates for “special” and “email” voting and shall appoint the dates and places where the polling booths should be set up.

(e) The Returning Officer shall conduct the whole election as hereinafter outlined.

(f) If any dispute shall arise as to the qualifications of a member to vote or stand for election, the decision of the Returning Officer shall be final.

(g) Nominations must open and close for the positions of President and Vice-President over a 5 week period during August and September of each year.

Nominations for the positions of Executive Members shall open on the 1st February each year (election to be held at the Annual General Meeting)

Notices calling for applications for any position to be filled shall be posted on the Association's and campus notice boards, printed in the student magazine and e-mailed to all Class Representatives and to all students - such notices, including a nomination form, shall specify the time and date for the closing of applications.

Applications shall be received on the official nomination form provided by the association and shall be handed to the Returning Officer by the closing time for applications. Applications must include one nominator and one seconder who must be enrolled students at Otago Polytechnic

Applicants must provide a completed “Officer Certification Form” for registration purposes with the Charities Commission.

This form shall be destroyed if the Applicant’s nomination is unsuccessful
If an elected Officer or Executive member’s registration is not accepted by the Charities Commission, their continued membership will be at the discretion of the Executive Committee.

(h) Each applicant shall be enrolled at Otago Polytechnic for a minimum of .20 EFTS for one (1) semester or .40 EFTS over the full year. Applicants must have completed their enrolment process including the payment or provision for payment of all fees charged.

Presidential and Vice Presidential applicants must have attended a minimum of three Executive Meetings and have a working knowledge of OPSA
Vice Presidential applicants must also be enrolled as in 18 (h) above in the year taking up this position

(i) The Returning Officer shall post on the Association's and campus notice boards, in the student magazine and through the e-mail, details of all applicants, to be listed in alphabetical order, as soon as possible after the application closing date

(j) An applicant may be withdrawn by written request to the Returning Officer up until one office day after the applications close.

The Ballot paper will include a provision for a vote of no confidence

All elections shall be conducted according to the current Association Election Policy, including layout of ballot pers

MINUTES

19. The Association and the Executive shall keep minutes of their respective acts and proceedings.

COMMON SEAL

20. (a) The Association shall have a Common Seal, having the words "The Otago Polytechnic Students' Association Incorporated" on the face thereof and the Executive shall be responsible for the safe custody and control thereof.

The Common Seal shall not be affixed to any deed or document, except in the pursuance of a resolution of the Executive of the Association and in that case such Seal shall be affixed and in the presence of the President, Assn Manager/Secretary, or by and in the presence of one of them (the President, Assn Manager/Secretary) and any other two members of the Executive, all of whom shall attest such affixing by their signatures on the deed or document to which the Seal be so affixed.

CONTROL OF FUNDS

21. All moneys received by, and on behalf of the Association, shall forthwith be paid to the credit of the Association with such bank or savings bank as is from time to time fixed by the Association. All debit transactions, transfers or internet transactions made on any of the Association’s accounts shall be signed by two of the three signatories.

The 00 General Cheque account MUST be used for the payment of ALL financial transactions and the current Association Financial Management Policy shall be strictly adhered to.

INVESTMENT OF FUNDS

22. The Executive may from time to time invest and reinvest in such securities and upon such terms as it shall think fit, the whole of any part of the funds of the Association which shall not be required for the immediate business of the Association.

BORROWING POWERS

23. The Association shall in addition to the other powers vested in it, have power to borrow or raise moneys from time to time, by the issue of debentures, bonds, mortgages, or any other security founded or based on all or any of the property and/or rights of the Association or without any such security and upon such terms as to priority and otherwise as shall seem fit to the Executive who shall also be entitled to exercise such power to borrow or raise money.

FINANCES

24. Without restriction by its objects, this Association shall carry on it's affairs for purposes other than the making of a profit or gain to its members and shall be a non-profit making organisation.

No benefit or advantage, whether or not convertible into money or any income of any kind shall be afforded to, or received, gained, achieved or derived by any of the persons specified in paragraphs (a) to (d) of the second proviso to section 61(27) of the Income Tax Act 1976, or any enactment in amendment thereof or in substitution therefor, where that person is able, by virtue of that capacity as such person specified therein, in any way (whether directly or indirectly) to determine, or to materially influence in any way the determination of, the nature or the amount of that benefit or advantage or that income or the circumstances in which it is or is to be so received, gained, achieved, afforded or derived, except as specifically exempted by that section.

DISSOLUTION

The Association may be dissolved by resolution passed by a simple majority (half the votes plus one) of members present and entitled to vote at two General Meetings of the Association for which due notice has been given of the proposed resolution. The second General Meeting must be held at least 30 days after the first meeting. At these meetings the Association shall decide in what manner property of the Association shall be disposed of after payment of all costs, debts and other liabilities and distribute any surplus property or assets for charitable purposes within New Zealand.

SERVICE OF NOTICE

26. A notice may be served by the Executive on any member, either personally or by sending it through the post in a pre-paid envelope or wrapper addressed to such member at the address as listed on the Otago Polytechnic student record system. A notice sent by post shall be deemed to have been served on the date following the day on which the envelope or wrapper containing the same shall have been posted.

INDEMNITY

27. Every member of the Executive or other officer or servant of the Association shall be indemnified by the Association, at the discretion of the Executive, against all costs, loss and expenses which any such officer or servant may incur or become liable for by reason of any contract entered into or act or thing done by him/her as such officer or servant or in any way in the discharge of his/her duties including travelling expenses provided that such actions are done in pursuance of the objects or the interests of the Association and come within the express or implied authority of the person so acting. Opinions expressed and actions by individual members of the Association, shall not be taken to represent the views of the Association unless express prior authorisation has been given by the Executive.

PROPERTY

28. All property, whether real or personal, belonging to or acquired by or for the Association, shall be vested in the name of the Association. Such property shall be controlled by the Executive. A direction in writing of the Executive duly issued at a regularly constituted meeting of the Executive and being signed by the President at such meeting and attested by the Assn Manager/Secretary relating to the Property of the Association shall be binding upon the Executive and shall validate anything done by them in pursuance of such direction. Except when otherwise expressly provided by these Rules membership of the Association shall not be deemed to confer upon any member any right, title or interest, either legal or equitable in the property of the Association.

COMPLIANCE

29. A substantial compliance with these Rules, whether as to form, time, number, or as to any other matter, shall in all cases be good and sufficient and no regulation, resolution, decision, election, appointment, notice or other matter, shall be invalidated by reason only of the failure to comply exactly with these Rules.

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Please note the Constutition can change from time to time at SGMs.

The Secretary always holds the latest copy.