(This version was superseded on 18 March 2013)
THE
CONSTITUTION AND RULES
OF
KAPITI
CHORALE INCORPORATED
NAME
The name of the
Society is the Kapiti Chorale Incorporated
DEFINITIONS
In this Constitution,
unless contrary to the context, the words below shall have the
meanings defined:
Annual
General Meeting
means the Annual
General Meeting of members of the Chorale which is to be held within
the first three calendar months of the new financial year
Appendix
means the attachment
to this Constitution which records the Rules determined by the
Committee from time to time.
Chorale
means the Kapiti
Chorale Incorporated.
Committee
means the Committee of
the Chorale elected in terms of the Constitution.
Constitution
means the Constitution
of the Chorale as approved and set out herein or as may be amended
from time to time.
Financial
Year
means the financial
year of the Chorale which shall be from 1 January to 31 December each
year.
Member
means any person who
has been admitted as a Member by the Committee in terms of the
Constitution.
Rules
means any Rules made
(or as the same may be amended or rescinded) by the Committee and set
out in the Appendix to this Constitution.
Words in the singular
include the plural and words in the masculine include the feminine
and vice versa.
OBJECTIVES
The objectives of the
Chorale shall be to encourage choral singing by public performances
of choral works and other related activities.
MEMBERS
The Committee, at its
absolute discretion and on such terms and conditions as it decides
(which may include the payment of an annual subscription as
determined by the Committee), may admit a person as a Member of the
Chorale or cancel a Member’s membership. The Committee may
establish differing classes of membership of the Chorale.
MEETINGS OF
MEMBERS
An Annual General
Meeting of members, at which audited financial accounts shall be
presented, will be held each Financial Year. Fourteen days prior
notice of the meeting shall be given in writing (which may include
email).
The Annual General
Meeting shall be conducted under Westminster rules.
The Annual General
Meeting shall elect a Committee comprising a President, Secretary and
Treasurer and sufficient additional members up to a maximum Committee
membership of ten.
The Annual General
Meeting shall appoint an Honorary Auditor.
The Committee may call
a Special General Meeting of members for any purpose. Notice of the
meeting shall be given in such a manner as the Committee may direct.
The Secretary shall
call a Special General Meeting of the Chorale on receiving a
requisition, signed by at least 25 per cent of the membership,
stating the object of the meeting. Not less than fourteen days prior
notice of such a meeting shall be given in writing to the members by
the Secretary.
THE COMMITTEE
The
Committee, of whom six shall form a quorum. [ We need to correct the grammar here!]
At the first meeting
of the newly elected Committee, its members shall elect a
Chairperson.
The Committee may
appoint another member to fill any vacancy on the Committee.
The Committee, at its
absolute discretion, shall manage the affairs, hold and/or dispose of
the assets, maintain the records of, open or close bank accounts,
authorise Committee members to operate on bank accounts (any two sign
jointly) and take any such actions as it may decide are appropriate
or necessary in the interests of the Chorale or in the furtherance or
achievement of its Objectives.
The Committee may lay
down Rules governing the operations of the Committee and the Chorale
and the obligations, responsibilities and liabilities of Members,
provided such Rules are not inconsistent with, or contrary to or in
conflict with the Constitution. Any such rules shall be recorded in
the Appendix attached to this Constitution. The Committee may, from
time to time, and at its sole discretion, amend, add to or rescind
the Rules recorded. No rule shall be valid until accepted by the
registrar of Incorporated Societies.
MUSIC DIRECTOR
The Committee shall
appoint a Music Director on such terms and conditions as may be
agreed between the parties.
The Music Director
shall, ex officio, be a member of the Committee and have the same
rights and liabilities as other members of the Committee. However, in
the case of any matter of remuneration, benefit or pecuniary
advantage for the Music Director, he/she shall have no right to vote.
The Committee may
appoint an assistant to the Music Director and a Pianist, as
required.
PECUNIARY
ADVANTAGES
No Member may receive
any pecuniary advantage from being a Member of the Chorale except,
with the approval of the Committee, a Committee member may receive,
by way of reimbursement, any reasonable or necessary cost incurred
through being a member of the Committee.
WINDING UP
The Committee, or a
Special General Meeting of Members of the Chorale called for that
purpose, may decide that the Chorale should be wound up.
Upon the winding up of
the Chorale:
a. The Committee, at its absolute discretion,
may decide the disposal of any surplus assets after settlement of
all liabilities of the Chorale.
b. Any surplus assets may be transferred to any
other organisation which, in the opinion of the Committee, has
objectives either compatible with those of the Chorale or for the
promotion of music.
c. In no circumstances may the Committee
dispose of any assets in such a manner as results in a direct
pecuniary advantage to any Member.
ALTERATIONS TO
THE CONSTITUTION
On the recommendation
of the Committee, and with the approval of the Members, the
Constitution of the Chorale may be changed by way of alteration,
addition or rescission.
A recommended change
to the Constitution must be approved at a Special General Meeting of
Members with the approval being carried by a two-thirds majority of
those Members present and voting.
No addition or
alteration or rescission of the Pecuniary Advantages or Winding Up
Clauses- shall be approved without the approval of the Inland Revenue
Department.
APPENDIX
RULES
(Revised March 2009)
CONDITIONS OF
MEMBERSHIP
(a) Application for membership shall require the
completion of the prescribed form, detailing name, address, phone
number(s), email address (if applicable), voice part and musical
experience.
(b) Applicants for membership must be able to
demonstrate musical and vocal competence with choral experience
preferred.
(c) Members must be financial as laid down under
Rule 3.
(d) Any member not attending at least 75% of
practices, or two of the last three practices held before a concert
or performance and the final dress rehearsal, shall not be allowed
to participate in the concert or performance unless the Music
Director can be satisfied (in such manner - including an audition -
as he/she may require), that the Member is competent to participate
in the concert or performance. The decision of the Music Director
will be final.
(e) A Roll of Attendance shall be kept by the
Membership Secretary. It is the responsibility of members to ensure
that their presence at practices is recorded on the Roll of
Attendance.
(f) Members who have resigned or left the choir
for a full year or more have no automatic right of re-entry but may
be accepted as Guest Singers.
(g) Members are expected to attend all three
Sessions per year unless permission has been granted by the Music
Director.
(h) Members are expected to adhere to the Music
Director’s discipline.
(i) Life Membership of the Kapiti Chorale may be
granted by the Committee for exceptional services to the choir.
Notes:
i In considering
applications for membership, the Membership Sub-Committee may:
1 offer the
applicant immediate membership;
2 invite the
applicant to participate as a guest singer, which will be reviewed
following the completion of the current session;
3 advise applicants in writing whether their
application is accepted or declined.
ii The committee may maintain a waiting list of
prospective members.
CANCELLATION OF
MEMBERSHIP
A
Member’s membership shall be cancelled:
(a) on the expiry of fourteen days after a
written resignation from the member is received by the Secretary.
(b) subject to the discretion of the Committee,
upon failure to pay the subscription for the current year within
the time prescribed by the Committee.
(c) in the event that vocal and musical
standards are not maintained to the standards required by the Music
Director.
(d) For failure to adhere to the Music
Director’s discipline.
Notes:
(a) Failure to accept or adhere to the
Conditions of Membership will result in a review by the Committee.
The member shall be contacted by the President, reasons given and a
verbal warning issued. If corrective action is not taken the
Committee may recommend cancellation of Membership. The decision of
the Committee will be final and will be determined by a majority
vote at a meeting at which not less than three quarters of the
Committee is present. The committee’s decision will then be
confirmed in writing by the Secretary.
(b) Should the Members’ musical competence
fall below the standard required the Music Director shall, in the
first instance, speak to the person involved. If this does
not resolve the issue the Music Director shall inform the committee
who shall inform the person concerned, in writing, that their
membership has been cancelled.
SUBSCRIPTIONS
(a) The amount of the annual subscription and
the method of payment shall be determined each year by the
Committee.
(b) The Committee may set a subscription rate
and method of payment for Guest Members.
(c) Subscriptions shall be paid within the time
prescribed by the Committee.
- PROPERTY OF THE CHORALE
(a) All property of the Chorale (e.g. music,
manuscripts and literature etc.) issued by the Chorale to its
Members, will remain at all times the property of the Chorale and
shall be returned upon request or when membership is cancelled.
(b) Any property issued shall, unless prior
permission is obtained from the Librarian, be used by a Member only
for the Chorale activity for which it was issued.
- COMMON SEAL
The Common Seal of the
Kapiti Chorale Incorporated shall be held by the Secretary and used
only with the authorisation of the Committee.