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BRANCH OFFICERS: DUTIES, ELECTION, VACANCY
32. The Executive Officers of the Branch are:
(1) The Branch President;
(2) The Branch Vice President;
(3) The Branch Secretary/Treasurer;
(4) The Branch Director of Advocacy and Public Relations;
(5) The Branch Director of Membership;
(6) The Branch Equity Member-at-Large; and,
(7) The Branch Executive Director, who is a non-voting member.
The Manitoba member of the board of directors of the Association shall be an ex officio non-voting member of the Executive.
33. Except where a vacancy has been created by resignation or otherwise, no individual may hold more than one Executive office at the same time. In the case of a vacancy, the individual may assume the duties of a second Executive office on an interim basis until the vacancy can be filled.
34. The Branch President has the following duties, responsibilities and authority:
(1) With respect to the Association, the Branch President will:
(a) assist the President of the Association in carrying on the administration of the Association within the Branch;
(b) devote particular attention to the advancement of the Association within the Province; and,
(c) submit written reports to the Association, as requested, in respect of the work of the Branch.
(2) With respect to the Branch, the duties of the Branch President include but are not limited to:
(a) being an advocate for the interests of the members within and outside the Province;
(b) providing leadership for all affairs and activities of the Branch;
(c) chairing all meetings of the Executive Committee, Branch Council and the Branch;
(d) coordinating the agenda, material and reporting responsibilities for each meeting, in consultation with the Executive Director;
(e) reporting to Branch Council on behalf of the Executive Committee;
(f) reporting to members of the Branch on behalf of the Executive Committee regarding Council meetings and Annual meetings of the Branch;
(g) liaising between the Branch and the Association and for the coordination of Branch and Association activities;
(h) participating in or assisting in the presentation of Branch briefs, commentaries and position papers to government or regulatory or other bodies;
(i) being the spokesperson for the Branch in dealings with the media;
(j) being responsible to and reporting to the Executive Committee, and through it, to the Branch members: and,
(k) participate in the Leadership Forums convened by the Association President.
35. The Branch President must advise and consult with the Executive Committee and the Executive Director on all matters pertaining to Branch policies, programs and finances and, where necessary, may act for and in the name of the Branch with the approval of two other members of the Executive Committee. The President may, during the term of his/her/their office, delegate to Executive Officers, Branch members, or Branch staff such those functions, duties, responsibilities, and authorities of the Branch President as may be necessary or appropriate in the circumstances.
36. The Branch Vice President is responsible for the supervision and co-ordination of activities of the Branch Sections and Branch Committees, the election matters referred to in Paragraphs 20 and 42 and other matters as may be delegated by the Branch President.
37. The Branch Secretary/Treasurer will carry out or supervise the secretarial duties of the Branch and monitor the finances of the Branch as set out in these Bylaws.
38. The Branch Director of Advocacy and Public Relations is responsible for activities and initiatives of the Branch relating to advocacy, access to justice, legislation and law reform and public relations, including promoting communication of these efforts within the Province;
39. The Branch Director of Membership is responsible for maintenance of an optimum level of membership in the Association of the lawyers, judiciary, academics, law students and PREP students in the Province and for communication of the membership services of the Association, as well as mentorship of law students, PREP students, young lawyers or as required
40. The Branch Equity Member-at-Large is responsible for activities and initiatives of the Branch to ensure that it fulfils its commitment to equity, equality, diversity, and inclusion, including providing advice and analysis to the Branch on relevant and related issues.
41. Succession of Executive Officer Positions
(1) The Branch Director of Advocacy and Public Relations and the Branch Director of Membership are elected from among the elected members of Branch Council in alternating years for terms of two years each. Each Director must be an elected member of Branch Council at the time of assuming office. At the end of his/her/their two-year term as Director, he/she/they then becomes the Branch Vice-President for a one-year term, then President for a one-year term, and then Past President for a one-year term.
(2) If the individual designated to become Branch Vice-President is unwilling or unable to assume the position of Branch Vice-President, then the other Branch Director becomes the Branch Vice-President. An election will then be held to fill the vacancy.
42. The Branch Secretary-Treasurer is elected from among the members of the Branch for a term of two years and may serve for a maximum of three terms. An incumbent Branch Secretary/Treasurer must stand for re-election after each two-year term pursuant to the election procedure in paragraph 44.
43. The Branch Equity Member-at-Large will be appointed as per the process at
paragraph 45, for a term of two years and may serve for a maximum of three terms. An incumbent Branch Equity Member-at-Large must stand for re-appointment after each two-year term pursuant to the appointment process in paragraph 45.
44. The procedure for the election for an Executive office position is:
(1) The Branch Vice-President will publish a call for nominations in a publication of the Branch that is sent to all members at least 45 days prior to the date of the Annual Meeting of the Branch;
(2) Nominations, containing the consent of the nominee and signed by at least five members of the Branch, must be filed with the Branch Executive Director at least 20 days prior to the date of the Annual Meeting;
(3) If 30 days prior to the date of the Annual Meeting there are no nominations, the Branch Executive Director will notify the Branch Nominating Committee. The Branch Nominating Committee will then, at least 20 days prior to the date of the Annual Meeting, bring forward at least one nomination for the position;
(4) At least 15 days prior to the date of the Annual Meeting, the Branch Vice-President will send a notice of all nominations to Branch Council and Branch Council-elect (being those members of Branch Council who have been elected to serve effective September 1 of the calendar year in which the election is held), as the case may be;
(5) The election will be held during the Branch Council meeting held concurrently with the Annual Meeting. The individuals entitled to vote in the election are the elected members of Branch Council and Branch Council-elect;
(6) If an election of a Branch Executive officer or officers is required, the election will be held by ballot. The Branch Vice President will declare the rules of the vote, appoint scrutineers and decide all matters relating to the conduct of the vote. A declaration by the Branch Vice President of the results of the vote will be determinative.
45. The Equity Member-at-Large position shall be an appointed position. The procedure for the appointment shall be:
(1) The Branch Vice-President will publish a call for applications in a publication of the Branch that is sent to all members at least 45 days prior to the date of the Annual Meeting of the Branch;
(2) Applications must be filed with the Branch Executive Director at least 20 days prior to the date of the Annual Meeting;
(3) If 30 days prior to the date of the Annual Meeting there are no applications, the Branch Executive Director will notify the Branch Nominating Committee. The Branch Nominating Committee will then, at least 20 days prior to the date of the Annual Meeting, bring forward at least one nomination for the position;
(4) At least 15 days prior to the date of the Annual Meeting, the Branch Vice-President will send a notice of all applications to the Executive Committee and to the Chairs or Co-Chairs of the following Sections:
(a) Aboriginal Law Section;
(b) Equality Issues Section;
(c) SOGIC;
(d) Women Lawyers’ Forum; and the
(e) Young Lawyers’ Section.
(5) The Chairs or Co-Chairs of the above-named Sections shall create an Appointment Committee of up to seven (7) members with one vote each, with the responsibility to appoint the position. The Appointment Committee shall be composed of nominees by the Sections as follows:
(a) Aboriginal Law Section:
(i) an Indigenous member;
(b) Equality Issues Section:
(i) a racialized member;
(ii) a disabled member;
(c) SOGIC:
(i) a gender diverse member;
(ii) a member representative of minority sexual orientations;
(d) Women Lawyers’ Forum:
(i) a woman member;
(e) Young Lawyers Section:
(i) a member from an equity-deserving group identified above.
(6) The appointment shall be made by secret ballot, using a system of
instant runoff voting without a separate runoff election. The Vice President shall arrange for the implementation of an instant runoff voting
protocol according to these guidelines:
(a) The ballot shall give voters the option of ranking candidates in
order of preference.
(b) If a candidate receives a majority (over 50 percent) of first
preferences, that candidate is appointed.
(c) If no candidate receives a majority of first preferences, an instant
runoff retabulation shall be performed by the Vice President. The instant runoff retabulation shall be conducted in rounds. In each round, each voter's ballot shall count as a single vote for whichever continuing candidate the voter has ranked highest. The candidate with the fewest votes after each round shall be eliminated until only two candidates remain, with the candidate then receiving the greatest number of votes being elected.
(6) The Branch Vice President will declare other rules of the vote as necessary, appoint scrutineers, and decide all matters relating to the conduct of the vote. A declaration by the Branch Vice President of the results of the vote will be determinative. The appointment will be announced during the Branch Council meeting held concurrently with the Annual Meeting.
46. Branch Council may fill a vacancy occurring in the office of a Branch Executive Officer during his/her/their term of office by:
(1) advancing the ladder progression among the Executive Officers of the Branch;
(2) appointing an elected member of the Branch Council to the position;
(3) calling an election for the position; or
(4) in the case of the Equity Member-at-Large position, appointing a member of the Branch to the position.
47. Any Executive Officer of the Branch may be removed from office for breach of duty by vote of the elected members of Branch Council provided that:
(1) notice of intention to propose removal of the Executive Officer is given to the voting members of Branch Council at least 30 days before the meeting;
(2) the motion to remove the Executive Officer is carried by a two-thirds majority of the votes cast; and,
(3) the Executive Officer proposed to be removed has been given the opportunity to address Branch Council in person or by advocate, as the Executive Officer may choose, after the motion to remove has been made but prior to the vote. A vote on the motion will be taken by ballot.