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Rules of Procedure for the Assembly

 I. Ordinary Assembly

Rule 1

CONVENING THE ORDINARY ASSEMBLY

The date and venue of the Ordinary Assembly shall be fixed by the Council.

The Council shall convene the Ordinary Assembly in the manner it deems fit at least five months before the date of the meeting. All members shall be notified and shall, at the same time, receive a proxy form.

In conformity with Rules 2, 3 and 4, the notification shall include a preliminary draft agenda and shall specify the deadline for the submission of:

  1. nominations for elected offices
  2. proposals for amendments to the Statutes, the Code of Professional Ethics and the other rules and regulations
  3. proposals for modifying the preliminary draft agenda.

Rule 2

AGENDA

Members' proposals to modify the preliminary draft agenda (accompanying the notification) must reach the secretariat not later than one hundred days before the Assembly.

The Council shall communicate the definitive draft agenda and the documentation associated with it to members in the manner it deems fit at least forty-five days before the Assembly.

At the commencement of its deliberations the Assembly shall adopt its agenda. Only active members may propose a change, provided it is supported by four other active members present at the Assembly.

Notwithstanding the provisions above, any appeal against a decision to expel that is filed in accordance with the provisions of the Statutes and these Rules of Procedure shall be put onto the agenda for the next Assembly, providing that the deadlines for publication and informing members can be reasonably met.

Rule 3

AMENDMENT OF THE RULES AND REGULATIONS THAT FALL WITHIN THE PURVIEW OF THE ASSEMBLY

Proposals to amend the Statutes, the Code of Professional Ethics and any rules and regulations that fall within the purview of the Assembly must be signed by at least five active members and must reach the secretariat not later than one hundred days before the Assembly, failing which they shall be deemed inadmissible.

Rule 4

NOMINATIONS

Nominations for the offices of President, Treasurer, member of the Council, the Budget Committee, the Committee on Admissions and Language Classification and the Disciplinary and Disputes Committee must be signed by at least five active members and reach the secretariat one hundred days before the Assembly, failing which they will not be included in the first ballot. They must be expressly accepted by the candidates concerned.

Only those nominations to Council submitted by regions will be considered during the first round of voting; these must by signed by one member of the Regional Bureau.

For the Disciplinary and Disputes Committee, only nominations of former members of Council or an Assembly committee shall be considered during the first and second rounds of voting. If there are vacancies after the second round of voting, nominations from of any AIIC member who has been in the Association for at least ten years shall be considered.

II. Extraordinary Assembly

Rule 5

CONVENING THE EXTRAORDINARY ASSEMBLY

When the Extraordinary Assembly is convened at the request of one-third of the active members, it shall meet within forty-five days of notification being given to the secretariat. Any request for the holding of an Extraordinary Assembly that is not accompanied by a proposed agenda shall be null and void.

When the Extraordinary Assembly is convened by the Council or the Assembly it shall meet on the date specified.

Any Extraordinary Assembly shall be convened by written communication sent by the secretariat to each member at least twenty-one days before the meeting. This letter shall also stipulate the agenda.

Rule 6

AGENDA

The Extraordinary Assembly shall only discuss and take decisions on such items as shall have been included on the agenda accompanying the letter convening it. It shall, nonetheless, be able to convene a further extraordinary Assembly.

III. Votes and Elections - General Provisions

Rule 7

REPRESENTATION

It shall be possible for members to be represented at the Assembly. Proxies shall be in writing and bear the name of the active member to whom they are granted. They shall be submitted to the Assembly secretariat for verification. Proxies may be passed on to a member present, in accordance with the following rules:

Representation may be exercised with regard to any proposal put forward during the Assembly.

  1. Any active member may give a proxy to any other active member.
  2. Any associate member may authorise any other associate member or any active member to speak on her or his behalf.
  3. Candidates shall not have the right to be represented.
  4. Apart from the exception provided for in the following paragraph, no member may hold more than nine proxies that carry the right to vote. On the final day of the session, however, this number shall be increased to fifteen.
  5. Members whose professional address is in a continent other than that of the Assembly venue may not hold more than twenty-four proxies that carry the right to vote, provided they have been granted by other members whose professional address is in a continent other than that where the Assembly is being held. On the final day of the session, however, this number shall be increased to forty.

Rule 8

VALIDITY OF DELIBERATIONS

The Assembly shall start its deliberations at the time specified in the notification. On the last day of the session, it shall adjourn not later than 19.00 hours.

Regardless of the number of members present and represented, the Assembly shall always be able to debate, to adopt its agenda and to approve the minutes of a preceding Assembly.

It shall not be able to take any decisions apart from those provided for in the preceding paragraph unless more than half the active members are present or represented.

Apart from the cases provided for in the second paragraph of this Rule, any vote other than a vote by secret ballot or a vote on a modification of the Statutes or any of the rules and regulations falling within the purview of the Assembly shall be valid unless, prior to the opening of the vote, at least five active members have requested the President to establish whether a quorum is present.

If no quorum is present, the vote shall be postponed to the next sitting or, upon proposal from the President, to a subsequent sitting.

If there is no quorum for a vote already postponed once for a lack of quorum, the Council shall convene another Assembly within ninety days. This Assembly's decisions shall be valid regardless of the number of active members either present or represented.

If, on account of the lack of a quorum, the Assembly is unable to vote on one of the procedural motions provided for in Rule 11, the President shall declare it null and void.

Rule 9

CONDUCT OF DEBATES

At the opening of its session, the Assembly, after adopting its agenda, shall elect a credentials committee and tellers. This system shall not apply if an electronic voting system is used, unless the Assembly decides otherwise.

The ordinary Assembly shall then adopt the minutes of the previous ordinary session as well as the minutes of any extraordinary sessions that may have been held during the intervening period. Any proposals to modify the draft minutes shall be voted on immediately without debate.

The President shall be responsible for opening, suspending and adjourning sittings. The President shall direct the work of the Assembly, ensure that the Rules of Procedure are respected, maintain order, grant permission to speak, declare debates closed, establish the existence of the quorum, put questions to the vote and announce the results of votes. The President's ruling shall be final.

In the absence of the President or at her or his request, one of the Vice-Presidents shall preside over the Assembly. In case of dispute, they shall take turns, priority being given to the Vice-President who is senior in membership. Any Vice-President chairing the Assembly shall enjoy all the powers provided for in the preceding paragraph.

Rule 10

RIGHT TO SPEAK

  1. No member may address the Assembly unless given the floor by the President. Any member whose speech departs from the item of the agenda under debate may be called to order by the President.
  2. Any speech by a member on any item of the agenda shall not exceed five minutes. The President may decide otherwise in the interests of a fair and balanced debate. An exception to this general rule may be granted in particular in the following cases:


    1. the rapporteur on a given item of the agenda
    2. any member speaking officially on behalf of the Council, a committee, a region or a sector
    3. any member who at the latest by the opening of the session has submitted a request to speak for longer to the Assembly secretariat, giving reasons.

  3. During a debate, the President may read out to the Assembly the list of speakers who have asked for the floor and propose its immediate closure.
  4. Any decision taken by the President under this Rule shall be final.

Rule 11

MOTIONS ON PROCEDURE AND POINTS OF ORDER

Priority shall be given to any member who requests the floor to make one of the following procedural proposals:

  1. suspension of the sitting
  2. closure of the debate (which shall lead to the immediate vote on the proposals under discussion)
  3. closure of the list of speakers.

Each of these procedural proposals must be put forward by an active member and supported by four other active members present at the Assembly and may only be moved once in the course of any individual debate.

They shall have priority over the substantial question, suspending discussion thereof. Any member moving a procedural proposal may not speak about the substance of the question under debate.

The only speakers to be called shall be one in favour, one against and the rapporteur on the agenda item concerned.

In addition, priority shall also be granted to members who request the floor on a point of order. A point of order may only deal with a procedural matter and shall only give rise to a ruling from the President.

IV. Votes

Rule 12

AMENDMENTS

Subject to the provisions of Rule 3, amendments bearing the signature of at least five active members shall be submitted in time for them to be printed and distributed before they are discussed. They shall have a direct bearing on the text they are intended to modify. They should be voted on before the text itself and in the order in which they apply to it.

The President shall rule on the admissibility of amendments and may, as an exception, rule that an amendment submitted orally is admissible, if in her or his view, it is such as to correct an error, to take new facts into consideration or to reconcile divergent points of view, provided there is no objection to such amendment being considered.

Subamendments must have a direct bearing on an amendment previously tabled and shall only be admissible if they do not contradict the sense of the amendment. No amendments may be tabled to subamendments.

If two or more mutually exclusive amendments apply to the same paragraph, then the one which is furthest removed from the original text shall be voted on before the others. Its adoption shall mean the rejection of the other amendments. If it is rejected then that amendment which, according to the same principle, is to be taken next shall be voted on. This process shall then be repeated for each of the subsequent amendments.

The same process shall be applied if two or several mutually exclusive subamendments apply to the same amendment.

When an amendment or subamendment is called, its author shall be entitled to speak in its support. If she or he waives this right, any other active member may do so instead. The only other speakers permitted shall be one against and the rapporteur on the question under debate. No speech may exceed three minutes. The Assembly shall not consider any amendment or subamendment that has not been supported in this way.

If so requested by five active members, the President may put an amendment to a split vote.

OTHER PROPOSALS

Apart from the cases provided for in article 11 of these Rules of Procedure, all other proposals, motions and resolutions must be signed by at least five active members and must reach the Secretariat not later than one hundred days before the Assembly.

The Chair may however rule that a proposal, a motion or a resolution submitted during the session is admissible provided it concerns the debated question and that it is submitted by an active member and is supported by at least four other active members present at the Assembly.

Rule 13

VOTING PROCEDURES

  1. Voting shall be by show of hands (except when an electronic voting system is used) or by secret ballot if so requested by five members. Any vote to dismiss the holder of an elected office or to expel a member shall always be by secret ballot.
  2. Any vote shall be preceded by an audible warning.
  3. Once voting procedure has been commenced, no member may interrupt it.
  4. Once the debate and final vote on a proposal have been completed and the results declared, any active member may present an explanation of vote, which shall not exceed two minutes.

Rule 14

MAJORITIES REQUIRED

Definitions:

  • Majority, simple majority, relative majority: the greatest number of votes cast;
  • Absolute majority: half the votes cast plus one (rounded up to the next higher whole number);
  • Two-thirds majority: 2/3 of the votes cast (rounded up to the next higher whole number).

Except where stipulated otherwise in the Statutes or these Rules of Procedure, the Assembly shall take its decisions by a majority of the votes cast. Abstentions and, in the case of secret ballots, blank or spoilt papers, shall not be counted as votes cast.

In the event of an equal number of votes being cast in favour and against, the question put to the vote shall not be adopted.

The expulsion of a member, the dismissal of an elected officer, together with amendments to texts that fall within the purview of the Assembly shall be decided by a majority of 2/3 of the votes cast.

V. Elections

Rule 15

CONDUCT OF ELECTIONS

The Assembly shall conduct the elections referred to below by secret ballot.

If no candidate nominated in accordance with Rule 4 secures the necessary majority in the first ballot, subsequent ballots shall also include nomi­nations supported by at least five active members at the Assembly itself.

Notwithstanding, for the election of the members of Council as laid down in Rule 17 below, candidates must belong to the region for which the seat is reserved and their nomination must be supported by at least one third of the active members of that region either present or represented at the Assembly.

If no candidate secures an absolute majority of votes cast after two rounds, election on the third round shall be by relative majority.

If two or more candidates obtain the same number of votes, further rounds are conducted until the tie is broken.

Rule 16

ELECTION OF PRESIDENT AND TREASURER

The Assembly shall elect the President and Treasurer in separate ballots.

Rule 17

ELECTION OF REGIONAL REPRESENTATIVES TO COUNCIL

Within the limits provided for in Article 22 of the Statutes, the candidates who obtain the largest number of votes in the first or second ballot shall be elected, provided each of them obtains the absolute majority of votes cast.

In the third ballot, candidates shall be elected by relative majority.

Rule 18

ELECTION OF THE BUDGET COMMITTEE, THE COMMITTEE ON ADMISSIONS AND LANGUAGE CLASSIFICATION AND THE DISCIPLINARY AND DISPUTES COMMITTEE

The Assembly shall proceed to separate elections for each committee.

In the first or second ballot, the candidates who obtain the largest number of votes, within the number of posts to be filled, shall be elected, provided each of them obtains the absolute majority of votes cast.

In the third ballot, candidates shall be elected by a relative majority.

Rule 19

PROCEDURE FOR APPEALING AGAINST EXPULSION

1. In line with the provisions and related texts of the Statutes, any member who has been expelled by decision of the Disciplinary and Disputes Committee may file an appeal with the Assembly within 90 days of receiving written notification of the decision. The appeal has a suspensive effect. However its beneficiary is considered to have been suspended until such time as the Assembly reaches its decision. The appeal shall only challenge the sanction of expulsion and not the finding that the Association's rules have been breached.

To file an appeal the appellant shall send the Secretariat by registered letter, a statement and grounds of appeal as well as a written submission setting out the reasons for the appeal and supporting arguments.

The appeal files file shall be forwarded without delay to the Disciplinary and Disputes Committee that shall prepare a response containing recommendations to the Assembly and appointing appoint from amongst its members the spokesman or spokesmen to who will speak on its behalf at the Assembly.

The response shall be forwarded to the appellant without delay.

2. A summary of the complaint, the response of the members implicated and the full text of the Committee's original decision shall be published in the Assembly Bulletin by the Secretariat. The appellant and the Disciplinary and Disputes Committee shall also be invited to publish a summary of the grounds of appeal and the response in the Bulletin; said summary shall not exceed five printed pages.

The description statement of the appeal, the response of the members implicated, the full text of the Committee's original decision, as well as the grounds for appeal written submission and the response shall be published on the members-only website at the latest thirty days before the hearing is scheduled. Furthermore a full paper copy of the appeal file shall be available for consultation at the Assembly venue, at the latest the day before the Assembly. The AIIC Bureau shall establish the procedures for said consultation.

After publication on the AIIC website, the parties shall not be permitted to supplement or change their conclusions or arguments, or to bring forward new supporting documents or offer new evidence.

3. As a general rule the appeal shall be heard by the ordinary Assembly. The appellant shall defray his own costs for attending the Assembly. No lawyers counsels may be present.

If one of the parties, although duly invited to appear, does not attend, the Assembly may nevertheless hear the appeal.

The appellant and then the Committee shall each have one hour to set out their arguments. Each shall then be given the right of reply for an additional 30 minutes.

The presentations shall be followed by a 30 minute question and answer session during which the members present may seek clarification from the appellant and the Committee's spokesman.

It is within the discretion of the Chairperson Chairman of the sitting to extend the session if deemed advisable, affording each party equal speaking time.

4. At the end of the debate the Assembly shall decide on the appeal. It shall consider the matter in camera; the appellant shall not be present.

If the appeal is rejected by a two thirds majority, expulsion shall become final. If that majority is not reached, the appellant shall be suspended for a period of three years. The period of suspension already elapsed shall be taken into account in this decision.

Committee members shall not have the right to vote. No appeal may be filed against the Assembly decision; it shall take immediate effect.

The decision shall be announced by the Chairperson Chairman of the sitting.

The parties shall be notified of the Assembly's decision in writing within thirty days. Members of the Association shall be informed using appropriate means.

Rule 20

RECORD OF PROCEEDINGS

A record shall be kept of the Assembly's decisions and elections. It shall be signed by the President and sent to members.

A tape recording shall be made of the entire deliberations of the Assembly. This recording and the minutes shall be deposited at the secretariat.

The Council shall establish the conditions under which these records may be consulted.

Rule 21

AMENDMENT PROCEDURE

These Rules of Procedure may be amended by a decision of the Assembly taken with a two-thirds majority of the votes cast and, if appropriate, after having sought a legal opinion on the proposals.








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