L.M.K Constitution

THE CONSTITUTION   OF    LA MANSAAMO KPEE (LA TOWN DEVELOPMENT ASSOCIATION)  2012
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Preamble
Whereas the organization was formed in 1980.
Whereas with the evolution of time the need has come to restructure the organization and modify the Constitution of the said organization to reflect modern administration and to its efficiency and financial independence.
Whereas it has become necessary to maintain and sustain the social relevance and the traditional support of the people of La.
Whereas it has become imperative to enhance its international linkage and profile:-
We the present members of the Executive Council hereby adopt unto ourselves the following new provisions of the Constitution.
THE CONSTITUTION
ARTICLE ONE (1)
(a) NAME: The name of the Association shall be known and called LA MANSAAMO KPEE (hereinafter called the “ASSOCATION”).
(b) GREETING: Greeting of the Association shall be, LA MAN and the response shall be WONSAA.
(c) STATUS: The Association is a voluntary, non-governmental, non-partisan and non-sectarian.
ARTICLE TWO (2) OBJECTIVES  
The objectives for which the Association was formed are:-
(a) To provide a forum for free discussion of all matters that will promote an orderly yet a vigorous development of the La Traditional Area.
(b) To help raise the standard of living and quality of life of the inhabitants of La by improving public health, sanitation, education and recreation through self-help and voluntary service.
(c) To undertake and sponsor development projects in La Traditional Area.
(d) To forge a strong co-operation with various organization both governmental and non-governmental, traditional and non-traditional to ensure a smooth administration and implementation of development projects devoid of any duplicity and incoherence.
ARTICLE THREE (3) MEMBERSHIP  
(a) Membership is open to all La mei and any other citizen of any tribe who resides in La and accepts the objectives of the Association and is able and willing to promote the same objectives.
(b) All persons admitted shall upon their admission, sign a declaration form to observe the rules, regulations and bye-laws or orders of the Association.
(c) The Executive Council shall have the power to refuse membership to an applicant, where it is considered such membership would be detrimental to the aims, purposes or activities of the group.
(d) Registration and termination of membership.
* Any member of the association may resign his/her membership by giving to the secretary of the association written notice to that effect.
* The Executive Council may, by resolution passed at a meeting thereof, terminate or suspend the membership of any member, if in its opinion his/her conduct is prejudicial to the interests and objects of the association, PROVIDED THAT the individual member shall have the right to be heard by the Executive Council before the final decision is made.  There shall be a right of appeal to an independent arbitrator appointed by mutual agreement.
(e) Honorary membership shall be conferred on other person at the discretion of the Executive Council.
(f) Observer status may be granted to any person, group or organization who may have the same aims and objectives of LMK at the discretion of the Executive Council.
(g) Termination
ARTICLE FOUR (4) ELECTION & APPOINTMENT OF OFFICERS  
(a) The Association shall be governed by an Executive Council (hereinafter called the “Council”).
(b) The existing Council as of the date of ratifying this constitution shall be retained by an affirmative vote of two thirds (2/3) of members present and voting at a meeting to be convened for that purpose.
(c) Membership of the Council (hereinafter called “Officers of the Association”), shall consist of the following:-
(i) Chairman (ii) Vice chairman (iii) Secretary (iv) Asst. Secretary (v) Treasurer (vi) Eight (8) other members…
(d) Vacancies due to resignation, death or removal of a Council member shall be filled by the Council pending a re-election at general meeting to fill that position.
(e) The Council shall constitute sub-committees and Boards as they may deem fit to do.
(f) Such sub-committees and Boards will answer directly to the Council.
(g) These Sub-Committees and Boards shall have their bye-laws to regulate their activities.
ARTICLE FIVE (5) MEETINGS
(a) The Association shall meet every other Saturday at 9.00 a.m. or at any other interval or period to be determined by Council.  Thirteen (13) members shall be sufficient to form a quorum.
(b) The Executive Council shall also meet once a month or as may be determined by it.  Seven (7) members shall be sufficient to form a quorum for transacting business.
ARTICLE SIX (6) VOTING  
(a) All officers shall be elected at General Meeting and shall hold office for three [3] years provided that any person so elected shall be legible for reelection.
(b) Voting shall be by secret ballot and the winner be declared by simple majority.
(c) Every member shall have 1 (one) vote.
ARTICLE SEVEN (7) FUNCTIONS OF THE EXECUTIVE COUNCIL  
The Executive Council shall carry out the following functions of the Association:-
(a) To steer the affairs at General Meetings. (b) To formulate policies to guide the Association. (c) To carry out any other functions assigned to it by the General Assembly. (d) To implement the policies, programmes and decisions of the Association. (e) To initiate any viable ventures for the Association.
ARTICLE EIGHT (8) DUTIES OF OFFICERS  
CHAIRMAN (a) The Chairman shall preside at all General and Executive Council meetings.
(b) He or She shall be the spokesman and representative of the Council and the Association in general.
VICE CHAIRMAN
(a) The Vice chairman shall assist the Chairman in the performance of his duties. (b) He or She shall act in the absence of the chairman. (c) He or She shall perform any other duties assigned to him by the Chairman and the Council.
SECRETARY (a) The Secretary shall keep all correspondence and other records of the Association.
(b) He or She shall be responsible for taking down all minutes of both General Assembly and Council meeting.   (c) The Secretary shall sign all correspondence assigned to him/her by the Chairman on behalf of the Association and the Council.
ASSISTANT SECRETARY (a) The Assistant Secretary shall assist the Secretary in the performance of his/her duties. (b) He/She shall act in carrying out the duties of the Secretary in his/her absence.
TREASURER
(a) The Treasurer shall ensure that all funds received in the name of the Association shall be deposited in an Account of the Association.
(b) He/She shall co-ordinate disbursement of all funds necessary to carry out activities of organs of the Association.
(c) The Treasurer shall control financial spending of the Association and its organs and shall see to it that financial statement of the Association and its organs are readily available at the end of every year.
(d) He/She shall be the Principal; signatory to all LMK Accounts.
ARTICLE NINE (9)    DISQUALIFIACTION / VOTE OF NO CONFIDENCE
The Council shall be empowered to sanction an officer for any of the reasons stated below:-
(a) Any officer who absents himself or herself for three consecutive months without reasons acceptable to the General Assembly.
(b) Any officer who shall be guilty of gross misconduct or whose behavior in the opinion of a majority of members disqualifies  him/her from holding office.
(c)  A new officer may be elected at the same meting to replace the removed officer who has been disqualified.
(d) An officer removed in this wise shall not be eligible to stand for election within six (6) years.
ARTICLE TEN (10) OBLIGATION OF MEMBERS
All members are required to attend General meetings of the Association  as specified in Article 4 (a).
(a) It is utmost important that every member of the Association comports him/her self at all meetings and other social function in which the Association will find itself both outside and inside the La township.
(b) All members shall respect and obey the positions of all office holders in the Association.
(c) Every member shall be obliged to participate in the activities of the Association.(d) Every member shall promote the aims, objectives and programmes of the Association.(e) Every member shall be required to avoid or prevent acts of indiscipline that undermine or tend to undermine the ideas and reputation of the Association.
(f) Every member shall be required to exhibit a sense of loyalty, honesty, integrity and service to the Association and the La Community as a whole.        
(g) Any member who contravenes any of these (a-h) shall be liable to a sanction by the Executive Council.
ARTICLE ELEVEN (11) SECRETARIAT  
The Association shall have a main office from where its operational  activities shall be carried out and shall be known as the Secretariat.
(a) The Secretariat shall comprise of:-  (i) Administrative Officer  (ii) Accountant  (iii) Accounts Officers  (iv) Typist/Secretary (v) Any other staff member.
[b] The Secretariat shall be headed by the Administrative Officer.
ARTICLE TWELVE (12)  FINANCE AND PROPERTY
(1)      All properties of the Association shall be vested in the Executive Council.
(2) The Council shall have the mandate to acquire and/or dispose of any of the Association’s properties or assets and can give validity and full discipline for any debt or obligation acceptable to the Association.
(3) Their authority and mandate shall cover such other functions as the operation of the Association’s banking, Accounts endorsement or discharge of bills of exchange, bonds and guarantees.
(4) In all such cases as listed above, the consent of the Council is required.
(5) The Income and property of the Association where-so-ever derived shall be applied solely towards the promotion of the objectives of the Association as set forth in Article 2 of the Constitution.  (d) Dissolution
(1) If upon the winding up or dissolution of the Association, there remains after the discharge of its debts and other liabilities any property of the Association, these shall not be distributed among the members but shall be transferred to some other company limited by guarantee or applied to some charitable organization with similar objectives.
(2) The transfer shall be determined by ordinary resolution of members in General meeting prior to the dissolution of the Association.
ARTICLE THIRTEEN (13) AUDITORS  
The Council shall appoint both Internal and External Auditors to audit  all accounts of the Association and its organs annually and when the  need arises.
ARTICLE FOURTEEN (14) RESIGNATION & ABSENTEEISM    (a) Any office holder of the Association who decides to resign or vacate his/her post shall notify the Chairman or the Council in writing of his/her intention, at least, one month prior to the effective date.
(b) Any officer/members who shall go on transfer or travel inside or outside the country or shall be absent for any reason shall notify the Council in writing of his/her intention for members to known his/her where-about.
ARTICLE FIFTEEN (15)  AMENDMENTS
Any article or clause in this Constitution shall be subjected to  amendments upon the consent of two-thirds (2/3) majority of members  at a General meeting.
ARTICLE SIXTEEN (16)    MATTERS NOT PROVIDED FOR  
All questions or matters not provided for in this Constitution, shall be  decided by the Executive Council.
EFFECTIVE DATE:
The amended Constitution takes effect from this day 24th Day of October, 2012.
Signed:………………………….   Signed:……………………………
……………………………………….……  …………………………………..………… CHAIRMAN (For: Executive Council)  SECRETARY (For: Executive Council)
Signed:……………………..…………….
……………………………………… (ON BEHALF OF GENERAL ASSEMBLY)