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FPEIM Constitution

 

 (Revised April 2014)
 
 1.        Name
This organization shall be known as the Federation of Prince Edward Island Municipalities.
 
 2.        Objectives
The Federation of Prince Edward Island Municipalities is a body formed for the purpose of representing in one organization the various cities, towns, resort municipalities, and incorporated communities within the Province of Prince Edward Island.
 
The objectives of FPEIM shall be:
 
a) To guide and improve provincial and federal legislation, programs, and policies, upon municipal questions and betterment of municipal interests generally.
 
b) To secure united action for the protection of individual municipalities and municipal interests as a whole.
 
c) To hold meetings for promoting the above objectives and for creating and fostering a fraternal spirit among all those engaged in municipal work.
 
 3.        Members
a)   All cities, towns, resort municipalities, and incorporated communities within the Province of Prince Edward Island shall be eligible for membership and each shall, upon required payment of the membership fee for the fiscal year, be and become a member for such year.
 
b) Each municipality by resolution shall designate its three elected representatives who will then be accredited for voting purposes.
 
 4.        Executive  
The Executive of FPEIM shall be the President, Past President, Vice-President Cities/Towns, Vice-President Communities, and Executive Director (ex-officio/non-voting).  
  
 5.        Board
a) There shall be a Board which shall be comprised of: a President; a Past President; and five representatives from each county. Each member of the Board that is an elected member of a city or town council shall be part of a committee called the Cities and Towns Caucus. Each member of the Board that is an elected member of a community council shall be part of a committee called the Communities Caucus.
 
b)  The term of office of all members of the Board, except the Past President, shall be three years, commencing upon the adjournment of the Annual Meeting at which the elections take place, and continuing until the adjournment of the Annual Meeting at which the next elections take place.
 
c) i) The seats designated for Prince county shall be comprised of one representative appointed by the City of Summerside and four elected representatives. The elected representatives shall consist of:
                            one seat for a town;
                            two seats for communities; and 
                            one seat which may be held by either a town or a community.
 
ii) The seats designated for Queens county shall be comprised of one representative appointed by the City of Charlottetown, one representative appointed by the Town of Cornwall, one representative appointed by the Town of Stratford, one elected representative from a community and one elected representative from either a community or town.
 
iii) The seats designated for Kings county shall be comprised of five elected representatives, which shall consist of:
                              two seats for towns;
                              two seats for communities; and
                              one seat which may be held by either a town or a community.
 
iv) Seats designated solely for towns or communities shall be filled prior to seats that may be filled by either a town or community.  If required, the Chief Electoral Officer shall hold a second ballot to fill any seat that may be held by either a town or community.
 
v) If a vacancy occurs in an elected seat from either caucus prior to the end of the term of office, the vacant seat shall be deemed a seat that may be filled by either a town or community if the number of elected seats allocated to each caucus can be respected.
 
d) i)  When a caucus seat for an elected representative, except the President, becomes vacant more than six months prior to the end of the term of office, the Board of Directors shall issue a call for nominations to member municipalities that are eligible to fill that seat. The Chair of the Nominating Committee shall accept nominations in writing from the said municipalities during the forty-five (45) day period following the date of the call for nominations. If, at the close of the nomination period, only one nomination is received for the seat, the Chief Electoral Officer shall declare the candidate elected. If two or more nominations are received for a seat, one of the candidates shall be elected by the Board of Directors at the next regular or special meeting of the Board. The said election shall be carried out in accordance with applicable provisions of this constitution, adapted as required.
 
ii)  When a caucus seat for an elected representative, except the President, becomes vacant with six months or less remaining in the term of office, the Board shall invite the municipality that held that seat to designate a member of their council to fill the vacancy, subject to section 5, paragraph k.
 
iii)  A vacancy occurring in a seat designated for a specific municipality shall be filled by the appointment of a new representative by that municipality. However, if a municipality that holds an appointed seat ceases to be a member of FPEIM, any vacant seat resulting from the departure shall be filled in accordance with this constitution by any member municipality situated within the same caucus and county in which the vacancy occurred. If the municipality that held the designated seat renews its membership after the vacancy has been filled an additional seat will be added to the Board for the remainder of the term of office. The returning member shall appoint a representative to the Board, and the Board Member that was elected to occupy the vacated seat shall continue to hold office for the remainder of the term.
 
iv) The person selected to fill the vacancy shall serve in office for the remainder of the term of the Board.
 
e) No member municipality may hold more than one county seat at any given time.
 
f) The representatives of each caucus shall elect a Vice-President annually, at the board meeting following the annual meeting.
 
g) The President shall be elected every three years at the annual meeting.
 
h) In the event of a vacancy in the President’s position, the Vice-President of the same caucus shall become President for the remainder of the term. However, if the Vice-President declines the position, then the Vice-President of the other caucus shall become President. If both Vice-Presidents decline the President’s position, a meeting of the Board will be called to appoint a new President from within for the remainder of the term.
 
i) In the event of a vacancy in the position of Past President, the position shall be filled by the immediate Past President who is currently a municipal elected representative. In the event that there is no remaining potential Past President that is currently a municipal elected representative, the vacancy shall be filled by the immediate Past President who is not a municipal elected representative. In the event that he/she is not currently a municipal elected representative, he/she shall be a non-voting, ex-officio member of the Board and shall not form part of the quorum.
 
j)  In the event of a vacancy occurring in the President’s position, the departing President shall become the Past President, subject to section 5.k).
 
k) Each Board member shall be a representative of a "member" incorporated municipality.
 
l) The office of any Board member of the Federation of Prince Edward Island Municipalities shall be declared vacant by the Board if the holder of that office has missed three consecutive meetings of the Board without just cause.
 
m) The Board shall meet at least quarterly in each year at such time and place determined by it, with normal practice being to meet monthly except for the months of July and August.
               
 n)The Federation of Canadian Municipalities member-at-large representing Prince Edward Island shall be granted observer status at regular FPEIM Board meetings.
 
o) A Board member may resign his/her office at any time by causing to be delivered to the Executive Director a declaration to that effect under his/her hand and witnessed by at least one person.
 
 6.        Executive Director
The Executive Director of FPEIM shall be appointed by the Board, shall hold office during the pleasure thereof and shall not be dismissed without just cause. He/she shall receive such remuneration as set by the Board from time to time.
 
 7.        Nominating Committee and Election Procedures
a) The Board shall appoint a nominating committee of three (3) members one of whom will be the Past President of FPEIM who will chair the Nominating Committee. In the event that there is no Past President, then the Executive shall select a chairperson for the Nominating Committee.
 
b) The call for nominations shall be made by the Nominating Committee at least 90 days prior to the Annual Meeting.
 
c) The deadline for receipt of nominations shall be set as a day not less than 45 days after the call for Nominations has been made.
 
d) Nominations may be made, in writing, by any member municipality for any serving elected member of the council of that municipality.
 
e)  The individual nominated must advise the Chair of the Nominating Committee, in writing, of his/her intention to accept the nomination and to serve if elected.
 
f) At the close of nominations, the returning officer shall declare all uncontested candidates elected by acclamation.
 
g)         If any seat remains vacant following the close of nominations, the returning officer shall issue a second call for nominations to those member municipalities that are eligible to fill the vacancy or vacancies
 
h)  Nominations will be accepted for fourteen (14) days, following the call for nominations issued in accordance with paragraph g of this section. During this time period, the Nominating Committee may solicit nominations to fill the said vacancies.
 
i)  The Executive Director of the Federation of Prince Edward Island Municipalities shall be deemed as the Chief Electoral Officer of the election. Within one week prior to the Annual Meeting, the Chief Electoral Officer shall select one appointed municipal official to act as Assistant Electoral Officer.
 
j) In the event of an election, nominees shall each be given a maximum of three (3) minutes at the Annual Meeting to express their reasons for desiring the position they have been nominated for.
 
k) Upon completion of the nominees' presentation, the Chief Electoral Officer and the Assistant Electoral Officer shall circulate prepared ballot papers to all voting delegates.
 
l) The election shall be conducted by secret ballot.
 
m) Upon completion of the voting, the Chief Electoral Officer and Assistant Electoral Officer shall collect, examine, and count the ballot papers, in the presence of the candidates or an agent of each candidate, and declare the person(s) having the greatest number of votes elected.
 
n) Ballot papers clearly indicating the choice of a candidate, as determined by the Chief Electoral Officer, shall be accepted.
 
o)The results of the vote shall be read by the Chief Electoral Officer by announcing the successful candidates, with the disclosure of the number of votes for each candidate not occurring.
 
p) In the event of a tied vote, a second vote shall be cast between the tied candidates.
 
q) In the event of a second tied vote, the Chief Electoral Officer shall decide the successful candidate by the toss of a coin.
 
r) A request for a recount may be made by a candidate, or his/her agent, immediately following the completion of the first count.
 
s) A recount shall be conducted by the Chief Electoral Officer in the presence of the Assistant Electoral Officer, the Chair of the Nominating Committee and the candidates or an agent of each of the candidates.
 
t)  The ballots shall be destroyed immediately after the results are announced; upon a motion of the elected accredited representatives.            
 
 8.        Resolutions
a) The Board shall appoint a resolutions committee of three (3) members.
 
b)  i) Member municipalities may submit resolutions at any time to the Resolutions Committee for consideration by the FPEIM Board of Directors.
 
ii) Member municipalities and the FPEIM Board of Directors may submit resolutions to the Resolutions Committee, for consideration at the annual or semi-annual meeting. The deadline for receiving resolutions shall be at 4 pm on the forty-fifth calendar day prior to the annual or semi-annual meeting.
 
c)If the Resolutions Committee deems it necessary or appropriate, they may amend resolutions submitted by the member municipalities, however any such amendment must not alter the intent of the resolution.
 
 d)At least thirty (30) days prior to the annual or the semi-annual meeting, the Resolutions Committee shall forward to all member municipalities, a copy of all resolutions which will be considered at that meeting, except emergency resolutions.
 
e)At the Annual Meeting or the Semi-Annual Meeting the resolutions so sent to the members may be brought to the floor of the said meeting for discussion.
 
f) Resolutions received prior to the annual or semi-annual meeting, but following the deadline established in subparagraph ii of paragraph b, shall be held for consideration at a meeting of the FPEIM Board of Directors, unless the sponsoring municipality requests that the resolution be brought forward at a subsequent general membership meeting.
 
g) Notwithstanding paragraph f, a resolution that has been received following the deadline may be forwarded to the annual or semi-annual meeting by the Board of Directors, if:
                        i)          the resolution is of an emergency nature;
                        ii)         sufficient research has been done to understand the implications of the resolution; and
                        iii)        the resolution concerns a matter that has clear implications for municipalities;
 
however, the resolution may only be brought to the floor of the said meeting on a two thirds (2/3) majority vote by the accredited voting delegates at the said meeting.
 
h) Proof of endorsement by the sponsoring council must accompany all resolutions submitted to FPEIM.
 
 9.        Constitution
a) The Board shall appoint a constitution committee of three (3) members.
 
b) The Constitution may be amended at the Annual Meeting or the Semi-Annual Meeting and an amendment must be approved by a two-thirds (2/3) majority of the voting elected accredited representatives present at the said meeting.
 
c) Proposed amendments shall be sent to member municipalities at least thirty (30) days prior to the Annual Meeting or the Semi-Annual Meeting.
 
d) Amendments to the constitution come into effect the day after the meeting at which the amendment(s) are adopted.
 
10.       Quorum
It shall take five members of the Board to form a quorum.
 
11.       Duties and Powers of Board
a)  The Board shall have the power, and it shall be its duty to put into effect the will of FPEIM as expressed by Resolution at any of its meetings. Between such meetings it shall manage the affairs of FPEIM and shall report all transactions of the year to the Annual Meeting and provide an update of transactions to the Semi-Annual Meeting.
 
b) The President, or in his/her absence the Vice-President of the same Caucus, shall preside at all meetings.
 
c) The Board may appoint committees from within the Board and may delegate to such committees such powers as may be necessary for the proper carrying out of the duties delegated to the Board by FPEIM.
 
d) The Board may appoint sub-committees from within the membership and may delegate to such sub-committees such powers as may be necessary for the proper carrying out of the duties delegated to the Board by FPEIM.
 
e)The Board shall be responsible for preparing the program for meetings of FPEIM.
 
f)The Board shall have the power to incur such ordinary expenditures as may become necessary for the carrying out of the business of FPEIM.
 
g) Each of the two Caucus' may meet independently on a regular or as needed basis to discuss issues of a conflictual nature to the other Caucus and/or issues pertaining directly to their own Caucus. If a Caucus decides to take a specific stand on an issue, the Vice-President of the Caucus shall be required to either address it at the next Board Meeting or ask the President to call an Executive Meeting.
 
h) The Board shall work to further the objectives of FPEIM.
 
i) The Board shall be responsible for the establishment of policies related to the operations of the organization.
 
12.       Duties and Powers of Executive
a) The Executive shall meet from time to time as deemed necessary.
 
b) The President, or his/her delegate, shall be the spokesperson for FPEIM.
 
 
13.       Reporting Procedures
 All sub-committees from within the membership, appointed by the Board, shall report to the Board.

 14.       Dues or Fees
a) Changes to FPEIM membership fees shall be determined by the Board, except for increases in excess of the increase in the Consumer Price Index for PEI for the previous year or changes to the rate structure, which require approval of the accredited voting delegates at a general membership meeting.
 
b)FPEIM shall pro-rate membership fees or dues of a municipality that joins FPEIM at a time other than at the Annual Meeting.
 
c)This discretion may be exercised for each municipality once.
 
d) Any member municipality may withdraw from membership in the FEDERATION OF PRINCE EDWARD ISLAND MUNICIPALITIES by submitting, in writing to the President, a notice of withdrawal, and upon discharging any lawful liability upon the books of the FEDERATION OF PRINCE EDWARD ISLAND MUNICIPALITIES against such member at the time of withdrawal. Such notice must be received by the President before January 31st of the year for the following membership year beginning April 1st.
 
e) Any member municipality that has withdrawn or who has forfeited membership in the FEDERATION OF PRINCE EDWARD ISLAND MUNICIPALITIES, will no longer be eligible for any group benefit programs, plans, or initiatives of the FEDERATION OF PRINCE EDWARD ISLAND MUNICIPALITIES. Any municipality that wishes to be reinstated as a member municipality and wishes to rejoin any such program, plan, or initiative, will be responsible for any and all reinstatement fees and expenses. 
 
f)  Any member municipality, as well as any non-member municipality, that has withdrawn or who has forfeited membership in the FEDERATION OF PRINCE EDWARD ISLAND MUNICIPALITIES and wishes to be reinstated as a member municipality, must pay current membership dues and receive membership reinstatement approval of the Board.
 
g) Any member municipality that has not paid membership fees by June 30th of the fiscal year and who has not provided written notification of withdrawal from membership by the January 31st deadline, shall be charged a monthly rate of interest of 1.5% for every month unpaid since the beginning of the fiscal year (April 1st).
 
 
15.       Meetings
a) General meetings of FPEIM shall be held semi-annually. The annual meeting shall be held on the date determined by the Board, not later than ninety (90) days following the end of the fiscal year. The semi-annual meeting shall be held approximately six (6) months following the Annual Meeting, on a date to be determined by the Board.
           
b) The location and date of the annual and semi-annual meetings shall be determined by the Board of Directors each year, subject to Section 15 a). Each member municipality shall be given at least thirty (30) days advance notice of the said meetings.
 
c) Other meetings shall be called by the Board upon request of any three member municipalities and shall meet at such time and place as determined by the Board with as much notice thereof as possible to the member municipalities.
 
d) At the meetings of FPEIM each paid-up member municipality shall have three votes, to be exercised by the elected accredited representatives from each member municipality as chosen by their municipalities.
 
16.       General
a) It shall be the duty of all member municipalities to notify the Executive Director in writing of any action they propose to take that may in any way affect member Legislation.
 
b)The fiscal year end for FPEIM shall be the 31st day of March in each year. The signing officers of FPEIM shall be the President, or in his/her absence from the Province or incapacity through illness to act - either the Vice-President Cities/Towns or the Vice-President Communities, together with the Executive Director or in his/her absence from the Province or incapacity through illness to act--the Administrative Assistant.
 
17.       Procedure
The rules of procedure, unless varied by resolution, shall be "Bourinot's Rules of Order".
 



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