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ByLaws

The following District Bylaws for Rotary District 9790 are also downloadable as an Acrobat PDF file - Please click here to download

ARTICLE 1 - PREFACE


1.1 These Bylaws are adopted for the orderly conduct of the functioning of District 9790 and they replace any former District resolutions regulations and procedures.

1.2 Nothing in these Bylaws shall be deemed to over-rule any procedures Bylaws or announced policy of Rotary International or to restrict the District Governor in the performance of duties as required by Rotary International.

1.3 A copy of the District Bylaws shall be included in the District Directory.

1.4 The District shall be administered by a District Committee of Management comprising the District Governor, the District Governor Elect, the District Governor Nominee, the District Governor Nominee Designate and any other person appointed by the District Governor of the day.

1.5 The District Leadership Plan provides the incoming District Governor with guidelines for the Administrative Structure and operations of the District.  The District Leadership Plan can be amended at any time by the District Governor.
                     
ARTICLE 2 - DISTRICT APPOINTMENTS

2.1 The District Governor may make such appointments as provided for in the Manual of Procedure and such other appointments as may be considered necessary for the proper administration of the District during the Governor’s term of office.

2.2 In making committee appointments it is recommended that the District Governor encourages members of the District committees to serve a maximum of three consecutive years on a particular District Committee.

ARTICLE 3 - DISTRICT FINANCE

3.1 (a) There shall be a District Fund titled "Rotary International District 9790 Account." The District Governor shall be the custodian of such fund and of all other District and District Committee funds, which shall be administered in accordance with the provisions of the Bylaws of Rotary International.
(b) That by the 1st July of each Rotary year the District Governor shall be provided with full details of all District and District Committee bank accounts and information concerning these bank accounts.
(c) That by the 14th July the Bank is advised of changes to authorised signatures.

3.2 The District Fund shall comprise:-
(a) Annual contributions made to it by the Clubs on a per capita basis payable in equal instalments not later than the 1st day of August and 1st day of February in each Rotary year in terms of the approved District Budget. Newly admitted Clubs shall contribute on a pro-rata basis from the date of admission to Rotary International.
(b) Any other monies received for District purposes.
The membership of any Club which fails to pay its dues or other financial obligations to Rotary International or approved contributions to the District Fund may be terminated by the Board of Rotary International.
 
 3.3 The District Fund shall, subject to budgetary limits, be expended for the cost of -
(a)The District Conference administrative expenses but not including the cost of food, accommodation and entertainment of registrants other than those detailed in Article 4.3 hereof.   
(b) The District Assembly and the Presidents' Elect Training Seminar, except for The cost of catering at these events as decided by the District Governor Elect in consultation with the District Governor.
(c) Expenditure by District Committees approved in accordance with Article 7 hereof.
(d) Airfare, Equalisation fund contribution and travelling expenses, including the cost of food, entertainment and accommodation of the District Governor, District Governor Elect and the District Governor Nominee in attending the Regional Rotary Institute.  Any amount, if any, contributed by the Regional Rotary Institute towards travel cost to be paid into the District Fund.
(e) Maintenance of District property and acquisition of new equipment as approved in the District Budget.
(f) Travel and registration expenses for Rotarians appointed by the District Governor to attend national seminars.
(g) Expenditure by the District Governor, excluding allowance for loss of time and income, for directly related costs of administration of the District, not compensated by Rotary International.
(h) Any other expenditure connected with the operations of the District deemed necessary by the District Governor.
(i) An annual presentation to the outgoing District Governor of Past District Governor’s jewel and lapel pin.
(j) An annual presentation to the Incoming District Governor of a new jewel and lapel pin.

3.4 The District Finance Committee shall consist of the District Governor, the District Governor Elect, the District Governor Nominee, the District Governor Nominee Designate (when appointed), the District Treasurer and one member appointed by the District Governor.

3.5 The District Finance Committee should meet a minimum of four times per year and regularly review income and expenditure and make recommendations to the District Governor as to any necessary action to preserve financial stability of the District Funds.

3.6 Early in the Rotary year the District Finance Committee shall review the District Insurance Policy, check on its adequacy and cost and make recommendations to the District Governor.

3.7 The District Finance Committee, in consultation with the District Governor and the District Governor Elect, shall prepare a budget of expenditure and receipts together with a proposed annual contribution from District Clubs on a per capital basis for the following Rotary year, with the Committee bearing in mind that Rotary International stresses the need to keep the cost of membership in Rotary to a minimum.

3.8 The District Governor shall submit the proposed budget and proposed per capita contribution to all District Rotary Clubs at least four weeks prior to the District Assembly.  The amount of the levy shall be decided by the District Assembly only after the approval of 3/4 of the incoming Presidents present or their approved designated representatives.

3.9 The District Governor shall have the authority to arrange accounts in Banks, building societies and other financial institutions which are of an authorized trustee investment status approved as such pursuant to the law of any state or territory in the Commonwealth of Australia, such accounts to be styled "Rotary International District 9790....... Account," and to authorise operations thereon.

3.10 The District Governor and the District Finance Committee shall select and recommend to the District Conference a qualified auditor to audit the District Funds for the following Rotary year.  The District Governor must supply an audited annual statement of the District finances to each Club and past officer of Rotary International in the District, within three months of the completion of the year of service as Governor.  This audited annual statement shall also be presented, discussed (if need be) and formally adopted by the following District Conference.

3.11 The District Treasurer, appointed by the District Governor, shall maintain complete books and records of all District financial matters in such manner as to readily show funds held and the budget position of any particular account and those records shall be handed to the incoming District Governor as soon as practicable, or by no later than the 30th September, after the end of the Rotary year.  Annual audited statements must be received from all District Committees by the 31st August for presentation to the Clubs by the end of September.

3.12(a) The District Governor and the District Finance Committee will maintain a fund to be known as the “District 9790 Operating Costs Emergency Fund”.  This fund will be maintained to at least 50% of the previous year’s District operating expenses to cover any occurring emergency and will be maintained at that level annually.  The fund will be maintained in a separate interest bearing account, which is an authorised trustee investment, and the interest earned is to be added to and form part of the fund.  District operating expenses will include all operating expenses according to usual accounting concepts and will exclude capital expenditure and will also exclude goods and services tax.

3.12(b)(i) Any expenditure from the “District 9790 Operating Costs Emergency Fund” must be approved by three quarters of a Committee consisting of the District Governor, the District Governor Elect, the District Governor Nominee, the District Governor Nominee Designate (when appointed) and the five most recent past District Governors who are available.  All clubs in the District should be informed by email when the Committee approves expenditure from the District 9790 Operating Costs Emergency Fund.

3.12(b)(ii)  For the purposes of the meeting envisaged by Article 3.12 (b) (ii) a quorum shall be eight (8) members of this Committee.

3.13(a) The District Governor shall establish a fund to be entitled the “District Insurance Excess Fund” (herein referred to as “the Excess Fund”), and shall open a bank account for depositing moneys paid to the Excess Fund.  Such account shall be referred to as “EPA” in these Bylaws.
(b) The amount (if any) to be paid to the Excess Fund by each Club (based on a per capita figure) in any Rotary year shall be set by the District Governor in that year, but for the purpose of establishing the Fund a sum of $30,000 will be raised and this will be obtained by fixing a per capita figure by dividing the total number of Rotarians in the District into the sum of $30,000, this giving the per capita figure.
(c) Unless otherwise determined by the District Governor at the time, the annual amount or each instalment of it is due for payment within 60 days after the account is sent to the Club.
(d) Any Club having a claim against it or against any of its members in public liability shall be entitled to have the EPA meet 90% of the excess to be borne under the District Insurance Policy in respect to that claim.
(e) The District Governor shall cause the funds to be invested to earn interest.  Any interest shall be reinvested.
(f) In the event of the Fund being discontinued by the District Governor or if a Club is no longer a member of Rotary International, then its pro-rata share of the Excess Fund shall be paid out to it.
(g) The Excess Fund and EFA shall be controlled and audited annually as a District Fund.

ARTICLE 4 - DISTRICT CONFERENCE

4.1 Suitability of Location - the annual District Conference shall preferably be held within Rotary International District 9790.  It shall be held in a location having -
(a) adequate suitable motel/hotel accommodation situated within 10 kilometres of the town/city boundaries, for all registrations.
(b) a suitable venue located within the town/city boundaries of sufficient capacity to seat all registrants at any one conference session.

4.2 Decision on time and place - In accordance with the Bylaws of Rotary International the time and place shall be agreed upon by the District Governor Nominee for the year in which the future Conference will be held and a majority of the incoming Presidents of the Clubs of the District, meeting preferably at the District Conference, at which the forthcoming conference venue and date are announced.

4.3 Conference expenses for designated persons - The registration fees and accommodation expenses of Rotary Foundation Awardees invited to attend the District Conference shall be borne by the District Fund.  Conference registration fees for all international exchange students -
(i) being hosted within the District, or
(ii) who have returned to the District within one year of the commencement of the District Conference shall be borne by the District Fund.

4.4 A tentative program for the District Conference is to be forwarded to each Rotary Club in the District with the Conference registrations forms, stating the date and time of the opening and closing segments of Conference.

ARTICLE 5 - DISTRICT BYLAWS

5.1 District Resolutions Committee - It is recommended to the District Governor that a District Resolutions Committee be appointed each year and given the responsibility of ensuring that -
(a) each year the Committee revises the existing Bylaws to ensure that they comply with the most recent amendments to the Bylaws and Constitution of Rotary International and the current pronouncements of the Board of Rotary International.
(b) necessary amendments to the District Bylaws are presented to the District Conference.
(c) proper records are kept of all alterations affecting District Bylaws.
(d) a copy of all such Bylaws complete with any additions or amendments adopted at the last District Conference are forwarded to the incoming District Governor.

5.2 The District Resolutions Committee should comprise the District Governor, the District Governor Elect, the District Governor Nominee, the District Governor Nominee Designate (when appointed) the immediate Past District Governor, the District Delegate to the Council on Legislation, and the substitute District Delegate to the Council on Legislation, together with the District Legal Advisor who shall act as an advisor only and be a non-voting member of this Committee.

5.3 Proposals for District Conference - Standard procedures relating to proposals and other items, including proposals to amend the Constitution and Bylaws of Rotary International or the Standard Club Constitution under Article 7, of the Bylaws of Rotary International, for consideration by the District Conference, shall be –

A. Submission of proposal - The Authority to submit a new Bylaw or an amendment to an existing Bylaw shall vest in -
(i) the District Governor.
(ii) the District Resolutions Committee under the hand of the Chairman.
(iii) any Club in good standing within the District under the hand of the Club President or Secretary.

B. Mode of submission of District Bylaws -
(a) Proposals shall be in the hands of the District Governor no later than three calendar months prior to the first day of the District Conference at which such proposals are to be submitted.
(b)The District Governor shall circulate to each Club a copy of such proposals at least two calendar months prior to the first day of the District Conference.
(c) Any amendment to an above mentioned proposal shall be in the hands of the District Governor not less than one calendar month prior to the first day of the District Conference.
(d) Conference procedure - the submission of a proposal or any proposed amendment to the District Conference shall be made by:
(i) the District Governor or his appointed representative.
(ii) a voting delegate of the Club that has submitted such proposal or proposed amendment or some other voting delegate.
(iii) the general rules of debate shall apply.  No amendments of a substantial nature of which notice has not been given as hereinbefore required shall be accepted by the chairman.
(e) Appointment of voting delegates and voting shall be as set out in the Bylaws of Rotary International for Conference voting.
(f) Each voting delegate must be a full registrant at District Conference.
                  
C. The following formal resolutions shall be proposed to each District Conference by a member of the District Resolutions Committee to express -
Loyalty to the Queen,
Loyalty to Rotary International,
Thanks and appreciation to the District Governor and his Partner,
Thanks and appreciation to Rotary International President's Personal Representative and Partner,
Thanks and appreciation to the Host Club President, Club Members and Partners,
Any other thanks and appreciation necessary for the particular occasion,
Congratulations and best wishes to the incoming District Governor and Partner,
Congratulations and best wishes to the District Governor Nominee and Partner,
and after adoption formal advices shall be sent.

ARTICLE 6 - DISTRICT NOMINATING COMMITTEE
Selection of District Governor Committee

6.1 A suitably qualified and experienced Rotarian should be nominated for the position of District Governor according to the procedure of the Bylaws of Rotary International relating to the selection by the Nominating Committee.

6.2  The Nominating Committee shall consist of:
(a)  District Governor
(b)  District Governor Elect
(c)  District Governor Nominee
(d)  The two most recent Past District Governors of District 9790 available on the day of the meeting, who are still members of one of the Clubs in District 9790.
(e) Four Past Presidents elected by the Clubs in accordance with the procedure described below, who must not have served previously as District Governor or as a Past President on the Nominating Committee.

6.3 The role of the Nominating Committee is to assist the District Governor in the following matters -
(a) Encouraging all Clubs in the District to submit the names of suitably qualified and experienced Rotarians for the selection of District Governor Nominee.
(b) Disseminating within the District details relating to duties, obligations and other details of responsibilities of the District Governor to ensure that all Rotarians are sufficiently informed on these matters.
(c) Seeking suitable candidates for the office of District Governor in case of insufficient response from the Clubs.

6.4 The Clubs of the District shall be divided into four Zones, as recommended in an annexure to these Bylaws, each electing a member and a reserve member to the Nominating Committee. The District Governor shall invite each Club to nominate one Past President as a candidate for the Nominating Committee.
Nominations shall close one calendar month after the call and shall be submitted one calendar month prior to the District Conference.
A ballot shall be held within each Zone to select the Committee Member and reserve member.
Each Club shall be entitled to one vote, the candidate receiving the highest number of votes will be the Committee Member and the candidate receiving the second highest number of votes will be the reserve member.
In the case of an equal vote the District Governor will have the casting vote.
Should insufficient nominations be received to hold a ballot for a Zone, the District Governor may make such appointments as deemed necessary to fill the position.               

6.5(a) The District Governor shall, not later than the 31st October, invite all Clubs and the Nominating Committee to submit names of suitable candidates for District Governor Nominee Designate. This task may be delegated to the District Governor Elect.
(b) To fulfil its role the District Nominating Committee may meet early in the Rotary Year, but not later than 30th November, to encourage nominations and establish operational procedures.

6.6 No member of the current Nominating Committee shall be a candidate for the position of District Governor Nominee Designate.

6.7 No Rotarians shall canvass nor campaign for such nomination nor allow any campaigning or electioneering on their behalf, except as expressly authorised by the Board. This prohibition includes distribution of any printed or written matter either personally or by any other means, as is provided in the Manual of Procedure.

6.8 The name of a suitable candidate shall be returned to the District Governor by the date specified which should not be later than the 1st February.

6.9 If the District Governor is of the opinion that nominations received are not sufficient in number or quality, the date for the receipt of nominations shall be extended for another two weeks.

6.10 After the closing date of nominations, the District Governor will request each candidate to submit on the standard Rotary International ‘Governor Nominee Data Form’ and a Resume containing details of each candidate's Rotary, community and professional achievements, a medical certificate as to health and other details as may be required by the District Governor.

6.11 Not earlier than the 1st January and not later than the 1st March the District Governor should call a meeting of the District Nominating Committee for the purpose of interviewing each candidate and the selection of the District Governor Nominee Designate.  Prior to this meeting the District Governor shall distribute copies of the completed forms received from the candidates to all members of the Committee.

6.12 The quorum of the meeting should be seven members and the selected candidate should be endorsed by at least five members present at the meeting.

6.13 In making its selection, the Nominating Committee for District Governor Nominee Designate shall not be limited in its selection to those names submitted by Clubs in the District but shall nominate the best qualified Rotarian willing and available to perform the functions of the office of Governor.

6.14 When a candidate is selected, the District Governor shall advise all Clubs of the candidate's name and the procedures as outlined in Article 13.020.5 of the Bylaws of Rotary International shall be strictly adhered to.

ARTICLE 7 - DISTRICT COMMITTEES

7.1 The District Governor, the District Governor Elect and District Governor Nominee shall be ex-officio members of all District Committees.

7.2 The Chairman or Secretary of each District Committee shall -
(a) before calling a meeting of the Committee advise the District Governor of the date, time and place of such meeting and nature of business to be transacted.
(b) forward a copy of the minutes of such meeting within 14 days of the meeting to the District Governor and the District Governor Elect.
(c) obtain consent of the District Governor before expending any funds for which reimbursement from the District Fund is required.

7.3 Each District Committee requiring an allocation of funds shall-
(a)  early in the Rotary year submit to the District Governor a proposed budget of receipts and expenditure for approval.
(b) consult with the District Treasurer as to proper accounting and banking procedures.
(c) if funds are allocated, submit to the District Treasurer a properly audited financial statement of income and expenditure and funds held by the 31st July in the following Rotary year.
            
7.4 District Youth Exchange -
(a) The District 9790 Youth Exchange Programme shall be conducted in accordance with the guidelines and procedures laid down by the Board of Rotary International except that age limits for students shall not be less than fifteen (15) years and be less than seventeen (17) years at the time of arrival, or on the first day of January of the year of departure.
(b) That in accordance with the guidelines and procedures laid down by the Board of Directors of Rotary International the duration of stay for students shall not exceed twelve (12) months and that the student shall attend an Educational facility during that period.
(c) That for the duration of the exchange the student will not be permitted to travel outside the Commonwealth of Australia.
(d) That the student throughout the period of exchange be not permitted to fly in aircraft other than recognised commercial flights on scheduled routes or fully chartered commercial flights.
(e)That the number of outgoing students be governed by the number of Clubs willing to host during that calendar year and that the number of students sent by a Club must not exceed the number of students hosted or to be hosted by the Club.
(f) The District Governor Elect or his/her representative shall attend the Annual Youth Exchange Chairman’s Conference, to be funded from the Youth Exchange funds to a limit of (AUD)$1,000.00

ARTICLE 8 - DISTRICT FURNITURE DECORATIONS AND EQUIPMENT

8.1 The use of District furniture, decorations and equipment shall be confined to Official Rotary Functions, and permission for such use must be obtained from the District Governor.  Liability for loss, damage and transport costs are the responsibility of the Club applying for the use.

8.2 The District Property Officer is responsible to the District Governor for the care and preservation of all District Property and for the maintenance of a property register which shall be handed to the successor holder of this office.

ARTICLE 9 - COUNCIL ON LEGISLATION

9.1 That following Council on Legislation action in amending the Constitution and Bylaws of Rotary International and the Standard Club Constitution, the District Governor, District Governor Elect, District Governor Nominee and the District Resolutions Committee be empowered to amend the District Bylaws, to conform with the action of the Council on Legislation.(I/94)

POLICY GUIDELINES

District has established policy guidelines concerning compliance with government legislation e.g. sexual harassment, fund raising, goods and services tax (GST) and Rotary activities. Others will be developed as required from time to time.

These guidelines will be developed by persons authorised by the District Governor and will be distributed to all Clubs in District 9790 after approval by the District Committee of Management.

 

Annexure 1

Zone I: Diamond Creek, Eltham, Greensborough, Heidelberg, Ivanhoe, Rosanna, Whittlesea, Bundoora, Coburg, Moreland, Pascoe Vale, Preston, Reservoir, Broadmeadows, Craigieburn, Riddells Creek, Romsey/Lancefield, Sunbury, Strathmore.

Zone 2: Alexandra, Euroa, Southern Mitchell, Mansfield, Seymour, Yea, Appin Park, Beechworth, Benalla, Bright, Mount Beauty, Myrtleford, Wangaratta.

Zone 3: East Shepparton, Kyabram, Mooroopna, Shepparton, Shepparton Central, Shepparton South, Tatura, Cobram, Deniliquin, Finley, Nathalia, Numurkah, Tocumwal, Yarrawonga Mulwala.

Zone 4: Bellbridge Lake Hume, Belvoir Wodonga, Corryong, Holbrook, Tallangatta, Wodonga, Wodonga West, Albury, Albury Hume, Albury North, Albury West, Corowa, Lavington, Rutherglen. 

Updated 24th May 2007- PDG Don Cox

 

   
 
 
 
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Last modified: 10 Jan 2008 11:23