ADC Constitutional Review Committee - Terms of Reference

Purpose

To outline the terms of reference for the Annual Delegates’ Conference Constitutional Review Committee as well as the roles of the Committee, the Board of Directors, and the Annual Delegates’ Conference during and between reviews.

Policy

Committee Purpose

Pursuant to Article 25.2 c) of the Constitution, a special Committee of the ADC shall be struck once every five years to review the Constitution and By-laws of the Union. These terms of reference shall direct the Committee on the completion of its work.

Committee Membership

• One Delegate (total) from the Regional Districts (East, West, and North)
• Three Delegates (total) from the GTA/Toronto Districts
• One Delegate (total) from the HARLO Bargaining Units
• Two Board Directors
• President/CEO (ex-officio)
• Senior Management Team (Chief Operating Officer and Unit Directors)
• Other staff as required

Members of the Committee shall be selected or appointed as outlined in By-law #12.

Specific Roles

Role of the Committee – Review

• The Committee will be responsible for formally reviewing the Union’s Constitution and its By-laws on a quinquennial basis.
• The Committee will be responsible for making recommendations to the Annual Delegates’ Conference that may include proposed amendments, or the identification of emerging issues for the ADC and/or Board of Directors’ knowledge.
• The Committee will consult with, and seek the input of, the Union’s general membership and its Board of Directors.
• The Committee will track input received inclusive of the origin of suggestions and the degree of interest demonstrated.
• The Committee, in accordance with the Constitution, will share any amendments it proposes with the Board of Directors for its consideration and comment, as well as afford the Delegates a minimum 2 weeks’ notice of any changes.

Board of Directors Role – Review

• The Committee, in accordance with the Constitution, will share any amendments it proposes with the Board of Directors for its consideration and comments.
• As noted in the Constitution, the Board of Directors and the President/CEO shall be responsible for implementation of the ADC’s decisions.

ADC Role – Review

• Committee, in accordance with the Constitution, will afford the Delegates a minimum 2 weeks’ notice of any changes.
• Amendments to the Constitution will require a 2/3 super majority vote, while amendments to the By-laws will require a simple 50% plus majority vote.

Board of Directors Role – Between Reviews

• The Board of Directors and President/CEO shall be responsible for ongoing implementation and interpretation of the Constitution between reviews.
• The Board of Directors shall maintain the ability to draft or amend By-laws in-year as it deems warranted. With all such amendments subject to ADC ratification thereafter.
• The Board of Directors shall specifically reserve the authority noted in the Constitution to conduct District Boundary reviews and changes as it deems necessary.
• The Board of Directors shall maintain the ability to bring forward Constitutional amendments it deems warranted in years between reviews.
• The Board of Directors, by majority vote, shall have the authority to defer a future review by up to one year, in order to avoid operational conflicts with significant competing interests like bargaining, serious threats to the livelihood of the union, and instance of unusual upheaval such as a pandemic.

Annual Delegates’ Conference Role – Between Reviews

• Delegates shall have the right to bring forward constitutional or by-law amendments in non-review years.
• The ADC shall have the right to consider, approve, or defeat amendments made in non-review years, and may also opt to refer amendments to upcoming reviews.
• The Annual Delegates’ Conference, by majority vote, shall have the authority to defer a future review by up to five years – as it did after substantial changes were made at the 2016 Special Delegates’ Conference – to permit implementation and evaluation of amendments.