Election Bylaw

 

Election Procedures

 

1.   Election of National President, National Vice President & Governance Board Members

 

1.1 Nomination and Voting Procedure.

[a]  The Governance Board shall appoint an Election Committee (a returning officer and two  scrutineers) to carry out the election process.

[b]   A call for such nominations will be made through the official organs and nominations must reach the election officer by 30 days prior to the election commencing.

[e]   A Candidate (for National President, National Vice President, Governance Board), needs to sign one form only, being an ‘Election Acceptance Form’ for the relevant position. These are made available on the TSNZ website

[f]   The Election Acceptance Form (which does not carry nomination signatures) is sent to National Section so the candidate’s signature can be ‘held on file’ and this is announced on the TSNZ website. The form used can be an original or scanned or online form with signature electronically verified.

[g]   ‘Nominators’ can tick a box on the ‘Election Nomination Form’ that says, ‘candidate signature held on file’ (note:  a nominator will need to check with the Candidate, the TSNZ website or National Section that a signature is actually held, otherwise the candidate’s nomination is invalid without an accepting signature).

[h]   Multiple Election Nomination Forms will be accepted with Nominator names and signatures on them for a Candidate

[i]    All Nominator names (to the required number), are to appear on the ‘Member Advice Nomination Form’ that is sent out to eligible voting members

[j]    Candidates are recommended to collect more than the required number of signed names necessary in case any people are deemed ineligible to nominate someone.

[k]   After the nomination closing date, the Returning Officer sends the Candidate a list of names of people putting them forward for the position and the candidate selects the names and order they wish these to appear on (being the Member Advice Nomination Form) that goes out to eligible members. If the Candidate does not get back to the Returning Officer in a timely manner as requested, the Returning Officer will select the names up to the required number at random.

[m] Nominator’s names will not appear on the election ballot paper

[n]   Candidates are to provide with their nomination, using the Election Acceptance Form and any associated forms, on one A4 page, a short statement of their background which includes a summary of what they bring to the Position sought, a brief visionary statement, previous experience and any relevant experience in leadership, finance, governance, strategy and policy development or similar leadership and business skills. They may also indicate who their preferred preference is as president/vice president which would be prearranged between individuals. These details will be included in the ballot paper

[o] Procedure: Office Manager’s mail-out. This mail-out will include voting papers, a short curriculum vitae and a photograph of each candidate, the names of nominators as per Member Advice Nomination Form, a candidate statement (no longer than one A4 page) and a stamped return envelope.

[p] No eligible person shall put their name forward for more than one Officer position in the same year.

[q] Summary of process:

i.   Nominations will be called for in the TheoSophia magazine and on the official website at the same time.

ii.  Nominations will close 30 days before the date of the election.

iii. Voting papers will be sent out to eligible members the before or on the date of the election start.

iv. Voting papers have to be returned by the end date of the election. Any voting papers received after 4.00 pm on end date of the election will be disregarded.

v. Voting results will be announced in the following edition of TheoSophia and on the official website.

vi. The newly elected Officer(s) or Board member(s) shall take over office on the first Monday in February of the following year.

 

1.2    Checking the TSNZ National Database

1.     Nominators must be validated by the appointed scrutineers;

                         i.     That they are eligible to be a nominator as per the Constitution and By-laws

                        ii.     That they have been a member in good standing for at least three consecutive years

2.     The Candidate must be validated by scrutineers -

                         i.     That the candidate is eligible for the role according to the Constitution and By-laws.

                        ii.     Scrutineers must check all requirements have been met.

                       iii.     Candidates must provide sufficient proof of eligibility if there is doubt about eligibility.

                      iv.     Candidate must fill out the Election Acceptance Form which describes the eligibility criteria, and indicate which criteria they are using to be eligible for the position they are standing for.

3.     Scrutineers will do all necessary checks as necessary.

                         i.     If the Candidate is ineligible themselves, or does not reach the number required of eligible nominators, then their application for the position will be rejected and their candidacy will not proceed to the voting stage.

                        ii.     If a Candidate is deemed ineligible, the National Section will advise them what criteria they failed to meet. 

4.     National Section shall complete Police Vetting (Police Check) on all Candidates

                         i.      The Candidate shall acknowledge via the Election Acceptance Form that they consent to a Police Check and must sign and date the form agreeing to this procedure, unless a Police Form or Vetting Agency Form is used instead. 

                        ii.     The Police Check occurs after the nomination is received

                       iii.     TSNZ will pay for any fees, if any, for the Police Check

                      iv.     If a Police Check raises any issue, then the National President consults the Candidate to give them the opportunity to withdraw their name from the process. Ensure TS Privacy is adhered to.

                       v.     If a Candidate wishes to continue, then the National President raises the matter to the Board Chair who in consultation with the National President, may decide to call a board meeting on the matter if deemed appropriate. 

 

1.3. Vacation of Office of National President or National Vice President

1.3.1 Resignation Process for Officers:

Definition:  An Executive Officer in this process is defined as either the National President or National Vice President.

[a]    An Executive Officer’s resignation should occur as specified in their employment agreement.

[b]    The National President will inform the Chair of the Governance Board immediately of the resignation of either role.

[c]    The National President shall advise the Branch Presidents after advising the Board in the case of the National Vice President and the Board Chair shall advise the Branch Presidents in the case of the National President’s resignation.

[d]    The National Vice President will assume the responsibilities and powers of the National President immediately if the National President is placed on ‘Gardening Leave’ otherwise will occur once the Presidents resignation period is complete.

1.3.2    If the Executive-Office is vacated by death or by the Officer no longer being able to perform his or her duties, then new election process begins immediately as per clause 1.3.3 below.

1.3.3     Election process on vacation of office

[a]    The Governance Board will appoint an Election Committee (a Returning Officer and two scrutineers) to oversee an emergency election process.  The appointment process may be conducted using electronic voting.

[b]    Immediately on its appointment, the Election Committee will instruct the Returning Officer to send out by mail to all members eligible members a written call for nominations for the office of National President or National Vice President as the case may be.

[c]    Nominations will require a short Curriculum Vitae as per 1.1[n] above.

[d]    Nominations will close four calendar weeks after the call for nominations has gone out.

[e]    The Election Committee will, after performing police checks on candidates, immediately communicate in writing to all eligible members the voting papers together with the names of nominators of the respective nominees, including their biographical data as outlined in bylaw 1.1 [o].

[f]     The vote results must reach the Returning Officer within four calendar weeks of the date of issue of the voting papers.

[g]     Within three days of the closing date of voting, the successful candidate will be declared elected President or Vice President and will assume Office no later than thirty days thereafter.

[h]     In the event of a tie, or of the rejection of a single candidate in a ‘For’ or ‘Against’ ballot, or of a candidate on the voting list dying or being so seriously incapacitated as to be unable to carry out the duties if elected, the nomination and election procedure shall be repeated, by the Election Committee.

 

1.3.4     Term of Office of the newly elected Executive Officer to replace vacating position

[a]  Should a vacancy occur within the first 2 years of an Executive-Officer’s term, then the newly elected Executive-Officer will serve out the remainder of the previous incumbent’s term.

[b]  Should a vacancy occur in year 3 (the final year) of the Executive-Officer’s term then the newly elected Executive-Officer will serve out the remainder of the previous incumbent’s term and then serve their own 3-year term in Office.

1.3.5 Vacation of non Executive Officer of the Governance Board

[a]  Should a Board position of the Governance Board be vacated, then the position shall remain vacant until the next nomination/election process.  In this case three Governance Board position will be available in the election with the person who is voted in third place, taking the vacant position.

[b]  If more than two members of the Governance Board resign or vacate the Governance Board, then a new election shall be held immediately with nominations being requested by a mail-out (or electronic voting) to all members entitled to nominate the new Governance Board members. The nomination and voting period will both be for three calendar weeks.

[c]  Any member(s) elected to replace a Officer will hold the position for the remaining period (term) of the vacated position(s). 

 

1.3.6   Transition of Executive Officers

 

To allow for the smooth transition of Executive Officers, the outgoing National President and National Vice President to be available for up to 4 weeks (paid) to the incoming National President and National Vice President, to provide handover assistance as required.  Some of this handover can occur prior to the Officer transition date.

1.4. Conflict of Interest

1.4.1  Nepotism

Nepotism is “the practice among those with power or influence of favouring relatives or friends, especially by giving them jobs. To avoid this the following rules apply to specific roles within the National Section.

[a]    Any members of the same immediate family cannot be appointed for the role of National President and National Vice President for the same term.

[b]    The Governance Board chairperson cannot be of the same immediate family as the National President.

Note:  Immediate family is defined as - mother, father, children living at home, partner, husband, wife, spouse, partner’s children living at home.