Global
Obligations Establishment Association
Draft
Constitution INTRODUCTION
Version
1.0 February 2001
This section summarizes the structure
of the Association, in a form that is easier to read than the detailed clauses
of the constitution itself. If this summary contradicts the actual constitution
then the constitution will prevail. The reasons for the major aspects of the
proposed structure are explained in the FAQ page on the web site www.GlobalObligations.com..
Purpose of the Association
The Global Obligations Establishment
Association is proposed to become the New Trustee of the Global Obligations
Establishment Trust, as defined in the Trust Deed. It is proposed that the
Association will apply for incorporation in the State of Victoria, Australia,
the same jurisdiction in which the Trust was established. This draft
constitution is intended to conform to the requirements of the Associations
Incorporation Act 1981, Victoria, Australia, and the Australian Tax Office
requirements for a deductible gift recipient and income exempt charity.
The sole purpose of the Association is
to act as Trustee of the Global Obligations Establishment Trust and fulfil the
purposes of that Trust, namely to promote and establish "Global
Obligations" as defined in the Trust Deed. As Trustee, the Association
will be subject to the controls imposed by the Trust Deed.
Membership
Members of the Association will be
admitted on a non-discriminatory basis if they acknowledge support for the key
principles of Global Obligations, accept the rules of the Association and pay
the entrance fee, based on 3 times the prospective member's estimate of their
hourly rate of income, with discounts for dependants.
An annual fee must be paid to renew
membership of the Association. The fee will be a tithe, based on the member's
income, family and legal obligations, assets and liabilities, according to a
formula determined by the Board on the advice of the Fees Officer.
Elected Representatives
Members can choose an electoral group
to belong to. Each electoral group will have one elected representative for
each full Electoral Group quota of members. The Electoral Group quota is the
same across all electoral groups, starts at 1 and rises to 500, depending on
the number of members in the Association.
If the number of members in an
electoral group falls below the required Electoral Group quota, or the quota
rises as members join the Association but perhaps in other electoral groups,
then, after allowing for a period of grace during which the electoral group can
seek more members, the representative will lose office.
A member may choose to be in the
"Unrepresented Members Group", or placed therein if they are unable
or unwilling to choose an electoral group, and this group alone shall have no
elected representatives.
While the Association has less than
7,500 members, the elected representatives will form the Board of Management.
If the Association gets large - over 7,500 members - then the
"representatives" will elect "deputies" who will be the
Board of Management. If the Associations exceeds several million members then
the deputies will elect the Board.
The Board of Management
The Board of Management will run the
affairs of the Association and be responsible for administering the funds of
the Trust, and establishing Global Obligations as required under the Trust
Deed.
The elected members of the Board may
appoint up to 5 Board members in addition to those elected.
The Board will appoint Officers as
follows:
·
a President to preside over Board meetings
·
a Vice President to act in lieu of the President if they are
absent
·
a Secretary to manage the Board's own administration,
·
a Membership Officer to manage the admission of new members,
·
an Electoral Officer to manage the electoral groups and
election of representatives,
·
a Fees Officer to determine and collect annual fees,
·
a Finance Officer to manage the funds of the Association and
those held in Trust,
·
an Information Technology Officer to manage and maintain the
Global Obligations web site and associated computer systems,
·
a Publicity Officer to promote the purposes of the
Association,
·
an Arbitration Officer to resolve disputes between members
or members and the Board,
·
a Business Manager to take responsibility for other duties
as required,
all operating under the Association's rules and policies
set by the Board.
The independent Arbitration Officer is
appointed by the Board to resolve disputes between members or between members
and the Association. The Arbitration Officer may make recommendations to the
Board, and if not satisfied with the response either party may forward the
issue to the Guardian of the Trust. Under the Trust Deed the Guardian may
constrain the actions of the Association as the Trustee of the Trust.
Meetings
Board meetings may be conducted without
a physical meeting, using postal votes or email/internet voting, providing the
Secretary of the Board, complying with these rules and accepted policies of the
Board, is satisfied that issues for resolution are adequately considered and
the votes on the resolutions are genuine under these rules. Similarly, voting
by members for representatives may be conducted using postal votes or
email/internet voting provided the Electoral Officer is satisfied the process
is fair and reasonable.
Annual and special general meetings may
also be conducted via the Internet. If the Board wishes, a convention of
delegates may be held every 4 years as part of the annual general meeting.
Policy and Financial Statements
Draft policies for Global Obligations,
including services to be provided, risk management strategies, tithing and
member admissions will be published on the web site www.GlobalObligations.com, as, in due course, will financial summaries and
audit reports.
Donations
All donations will be applied for the
purposes of the Trust.
Major donors will be invited to join a
"Donors Forum" which provides an opportunity for the donors to
discuss the activities of the Association with the Board, and allows them to
oversight the audit functions.
When "Global Obligations" is
established, the Board will cooperate in handing over to the new institution
the assets and funds to which it is entitled and assist Association members
wishing to do so to transfer to the new organisation and begin the day to day
delivery and receipt of human rights services.
In order to obtain tax deductibility
under tax law for donations to the Global Obligations Establishment Trust, no
benefits will be provided to any member of the Association. Once "Global Obligations"
is established, donations used to provide benefits to other members may be tax
deductible, but regular subscriptions to cover the costs of services to the
members themselves are not expected to be tax deductible without a change in
legislation. On winding up the Association, any remaining funds will be
assigned to "Global Obligations" or a similar non-profit organisation
established for the relief of poverty etc, such as Red Cross and Amnesty.
Modifications to the Constitution
Modifications can be made to the
constitution only if the proposed change is passed by a two thirds majority by
the Board and the elected representatives.
To contact send email to: Info@GlobalObligations.com. Home Page:www.GlobalObligations.com
Address: Global Obligations
Establishment Trust, G.P.O. Box 2004, Melbourne, 3001 Australia