Clan Lachlan Association of Canada& Clan MacLachlan Society |
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The revisions to the Constitution presented to the Council were made to reflect this reality; a number of valuable suggestions were made by Council members suggesting additions or clarification to the Constitution. The fundamentals have not changed and the process was more one of clarification and making explicit the structure of the Society. Wherever possible we have attempted to take out of the Constitution any references to detailed procedures and concentrate on objectives and principles which your Council in their wisdom will interpret in the future to fit changing circumstances.
CONSTITUTION
OF THE CLAN MACLACHLAN SOCIETY adopted 2007
Name
1.0
The Society shall be called the Clan Maclachlan Society (hereinafter referred to
as CMS)
Objects
2.0
The objects of the Society shall be:
2.1
To further the spirit of kinship among Maclachlans and the septs of
Clan Lachlan throughout the world.
2.2
To foster the Celtic and Highland Heritage of the Clan and to promote the
interests of the Clan throughout the world,
2.3
To collect and preserve records and traditions and material bearing on the Clan
and Septs and their collective experience in different areas
of the world,
2.4
To render assistance to deserving Clan Members,
2.5
To encourage the publication of documents and articles connected with the Clan;
to compile and update a history of the Clan and Septs and their collective
experiences in different areas of the world,
2.6
To ensure proper representation of the Clan,
2.7
To raise funds for Lachlan Trust projects which are directly related to the
heritage of the Clan.
2.8 Such additional objects as may be determined and approved by the Society in General Meeting.
Code
of Conduct
3.0
The Society is non-political and non-sectarian; the policies and practices of
the Society shall not discriminate on the basis of race, sex, politics or sect;
no member shall use its name in trade or for any purpose which may be
detrimental to the Society.
Membership
4.0
Qualification for Membership:
To
be eligible for membership of the Society applicants must:
---bear
by birth or marriage as surname the name of the Clan or one of its Septs in the
forms and spellings recognised by the Council;
--or
be a descendant in the female line, whether male or female, of a person
described above;
--or
be the spouse of a member.
4.1
Admission to Membership:
admission shall be on acceptance by the Membership Secretary of any Branch of
the Society or the Membership Registrar of the Society. The Council of the
Society shall have power to adjudicate upon the claim of any applicant for
membership and its decision shall be final.
4.2
Categories:
Membership
may be in any one of the following two categories,
Ordinary,
and Honorary; Ordinary and surviving Life Members are those who
have
met the membership criteria and are paid-up members; they are entitled to one
vote each at the Annual General Meetings of the Society;family groups with one
subscription have one vote.
A non -member who has a special relationship to the Clan may be elected as an Honorary Member by vote of the Council. A non-member with a special relationship to a branch may be elected by the branch as an Associate Member. Non-members shall not be entitled to vote or take part in the management of the Society.
4.3
Level of Subscription:
The
Council shall determine from time to time a fair subscription payable by
Ordinary members not belonging to a Branch and determine the amount of the
annual levy for Society membership to be paid by each Branch for each branch
member on the Society Roll. Branches
will determine when their members are to be removed from the Society Roll.
4.4
Conditions of Subscriptions:
The
Ordinary subscription covers all members of the same family including children
under the age of 18, living at the same address. Subscriptions of Ordinary
members are due to be paid on an annual date fixed by Council. For members who
have joined through a Branch, the levy for the Society membership of these
branch members is due to be paid by the branches on an annual date fixed by Council.
Council
5.0
The President of the Society shall be the Chief of Clan Lachlan and the Chief
entrusts the management of the Society affairs to a Council. The Council shall
respect the Chief s position in all matters.
5.1
Council Composition:
The governing body of the Society shall be the Council. The members of the Council shall be the Honorary Vice-Presidents, the elected Office bearers of the Society, the Presidents of the Branches and Other Council Members.
5.2
Elected Office Bearers:
The
elected Office-bearers of the Society shall be the Chairman of the Council, the
Vice Chairman, the Secretary and the Treasurer, who shall serve for no more than
three years from the date of election at the Annual General Meeting. The
Secretary and Treasurer shall not carry a vote on Council.
The
office of Chairman-designate may be actuated by Council one year prior to the
end of the Chairman’s term of office in the event that the Vice Chairman is
not expected to become the next Chairman. Council shall ensure that either the
Chairman or Vice Chairman be a resident of Britain or Ireland, and if possible,
of Scotland. The office of Chairman-designate shall not carry a vote in Council.
All Ordinary Members and surviving Life members present at the Annual General Meeting are entitled to vote for the Office Bearers of the Council; all retiring office-bearers of the Council shall be eligible for re-election.
5.3
Branch Representatives:
Presidents are elected by their Branches and are automatically members of the Council for the duration of their elected term. At its AGM a branch may appoint a representative for their president.
5.4
Honorary Vice-Presidents: on
recommendation by the Council the Chief may appoint for life one or more
Honorary Vice Presidents. They shall normally have served the Society for a
considerable number of years, have retired from executive office by reason of
age and whose wisdom and experience would be of continuing value to the Chief
and to the Council.
5
.5 Other Council Members:These
may be appointed by the Council; they include the following positions, Clan
Genealogist or Sennachie, Editor or Bard, Membership Registrar, and up to four
Councillors at large.
5.6
Meetings of Council:
The
Council acts as a Clan Council in a consultative capacity to the Chief .The Council shall determine its own procedures and the duties of
its members subject to the following:
---the
Council shall meet at least once a year in Strathlachlan
shortly before the Society’ s AGM,
--the
duty of the Chair is to obtain as far as possible an unanimous consensus of the
Council .
--Chair
cannot normally present motions to the Council.
-----If
the Chair is a Branch President,
the Branch should appoint a Branch Representative to vote the membership if
requested by the Secretary and to submit any motion desired by the Branch to
Council.
---
if a vote is essential each President or representative with
proxy votes would vote their Branch membership.
Branches
6.0
Branches are regarded as the branches of a tree which have grown from the
ancestral centre of the Clan in Strathlachlan, Scotland. The Chief and Council
constitute the centre of the Clan Society with the
responsibility
of fostering the Ethos of the Clan. The Council with Councillors located round
the globe is considered as being situated in Strathlachlan, Scotland and
responsible for the management of a Federation of Branches.
6.1
The formation of Branches of the Society furth of Scotland shall be encouraged.
The organisation of each Branch shall be left to the constituent members
thereof; it may take if desired the form of a limited company or appropriate
corporation subject always to conforming to the letter and spirit of the
constitution of CMS. No resolution or decision of the Council or any action of
an officer of CMS should in any way prejudice the legal status of a Branch
within its own country.
6.2
The Council of the Society may remove the right of any Branch to act as a Branch
of the CMS in the event that the executive of the Branch concerned has taken
actions which are in serious violation of the Constitution of the Society and
has continued with these actions despite a reasonable notice of these
violations. The members of the Branch concerned would have the right to remain
as members of the Society and join other Branches.
6.3
Branch membership shall be open only to members of the Society. The Society
expects its members to join a Branch in their country. However a member has the
right to join any Branch or directly to the Membership Registrar of the Society.
6.4
The fee structure of a Branch shall be left to its constituent members.
Funds
and Property
7.0 Any property or funds of the Society requiring to be invested shall be held in the name of three Trustees to be appointed by the Council. The property and funds of Branches are invested and accounted for by its own officials; a copy of the approved annual Branch accounts may be requested by the Secretary.
7.1 The funds of the Society should be lodged in the name of the Clan MacLachlan Society and the said account shall be operated upon by cheques drawn by the Treasurer and countersigned by the Secretary or the Chairman.
Auditor
8.0 An Auditor shall be appointed by the Members at the Annual General Meeting.
General
Meeting
9.0 There shall be an Annual General Meeting of the Society to be held between April and September at Strathlachlan; in any particular year the Chief and Council may decide to hold the AGM in another country.
9.1 At the General Meeting the Treasurer’s statement, duly audited, together with a Report by the Council on its administration during the year shall be submitted for approval of the Meeting.
9.2 At the AGM if a resolution is not approved by acclamation and a vote is required, the Secretary will take a recorded vote whereby the Branch Presidents or their proxies will vote the Branch membership minus any branch members present at the AGM.
9.3 Special General Meetings may be called at any time by the Council or on a requisition signed by five members in which the business shall be specified; adequate time must be given for Branches to review the business concerned and to consult their membership. Ten members shall constitute a quorum for both a Special General Meeting and the AGM. At a Special General Meeting the Secretary will take a recorded vote whereby the Branch Presidents or their proxies will vote the Branch membership minus any Branch members present. Special General Meetings would be held at Strathlachlan; the Chief can authorize that any specific Special General Meeting be held at a different location in Scotland.
10.0 No addition to or
alteration of the Constitution shall be made except by prior approval of the
Chief and by publication to all the paid up members of CMS with an an
agreement of two-thirds of the paid up members of CMS submitted by block vote by
their representatives at an AGM.
10.1 Each Branch Representative and the Vice Chairman representing all members who do not belong to a Branch, will submit to the Secretary proxy votes (yea and nay) of all the paid-up members in their respective Branches minus the votes of any Branch members who are present to vote directly at the AGM.
10.2
Each Branch will have the responsibility of informing its members when
any proposed additions and alterations to the Constitution have been
decided by the Council and would be submitted to the membership for approval. To
ensure the rights of all members, each Branch Representative would inform their
Branch Members as to how they plan to vote the Branch membership.
If members do not inform their Branch Secretary that they oppose the
Branch vote, their votes would be considered to be in favour.
10.3
Notice of any proposed addition or alteration shall be given in the notice or
advertisement calling the Annual General Meeting at which it falls to be
considered.
10.4
The Council may from time to time make regulations and by-laws which shall be
effective until the next Annual General Meeting when they shall be submitted for
confirmation.
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