Constitution
Oceania Sailing Federation
OSAF
CONSTITUTION
14 November 2009
OCEANIA SAILING FEDERATION CONSTITUTION
TABLE OF CONTENTS
SECTION 1: |
CONSTITUTION |
3 |
SECTION 2: |
PRIMARY RESPONSIBILITY |
3 |
SECTION 3: |
OBJECTIVES |
4 |
SECTION 4: |
AUTHORITY |
5 |
SECTION 5: |
MEMBERSHIP |
6 |
SECTION 6: |
ROLE, AUTHORITY OF MEMBERS |
7 |
SECTION 7: |
MEMBERS RIGHTS |
8 |
SECTION 8: |
LOSS OF MEMBERSHIP |
9 |
SECTION 9: |
NOT USED |
9 |
SECTION 10: |
ORGANIZATION |
9 |
SECTION 11: |
THE CONGRESS |
9 |
SECTION 12: |
EXECUTIVE BOARD |
12 |
SECTION 13: |
THE PRESIDENT |
14 |
SECTION 14: |
VICE-PRESIDENTS |
15 |
SECTION 15: |
SECRETARY-GENERAL |
15 |
SECTION 15A: EXECUTIVE MANAGEMENT 16
SECTION 16: STANDING COMMITTEES 17
SECTION 17: ELECTIONS 17
SECTION 18: FEES & FINANCE 20
SECTION 19: REGATTAS 20
SECTION 20: AMENDMENTS TO THE CONSTITUTION 21
SECTION 21: AMENDMENTS TO RULES AND REGULATIONS 21
SECTION 22: AWARDS 22
SECTION 23: OFFICIAL LANGUAGE 22
SECTION 24: DEFINITIONS 23
APPENDIX 1: RECORD OF ADOPTION & AMENDMENTS 24
SECTION 1: CONSTITUTION
Clause 1.1
This is the Constitution of the Oceania Sailing Federation (“OSAF”) first proposed at Suva July 2003 and confirmed by Congress meeting in Samoa September 2007.
Clause 1.2
OSAF is a federation of the national governing sailing organizations (NSO’s) of nations/territories responsible for the development and promotion of sailing in Oceania.
Clause 1.3
Clause 1.4
Clause 1.5
OSAF aims to focus on coordination and facilitation of sailing programs and development of Sailing rather than as a controlling body of the Oceania region member NSO’s
Clause 1.6
OSAF is a Not for Profit organization.
SECTION 2: PRIMARY RESPONSIBILITY
OSAF’s primary responsibility is the promotion and development of sailing in Oceania in its widest possible context. The Oceania Sailing Federation has been established with the understanding of member nations/territories that the body aims to focus on coordination and facilitation of sailing programs and development rather than as a controlling body of the Oceania region member NSO’s.
SECTION 3: OBJECTIVES
In order to achieve the primary responsibility (Section 2), OSAF has the following objectives.
Clause 3.1
Clause 3.2
Clause 3.3
To promote and encourage sportsmanship, fair play, goodwill and ethical behavior within sailing and among all its participants at all levels, in every respect.
Clause 3.4
To promote and encourage competition amongst its member countries/territories
Clause 3.5
To promote and conduct OSAF regional and continental regattas and championships, promulgate the rules and regulations of ISAF and if necessary establish rules and regulations for OSAF regional and continental regattas. In all cases the rules and regulations adopted for OSAF regattas shall not conflict with the rules and regulations of ISAF.
Clause 3.6
Clause 3.7
Clause 3.8
To develop and encourage cooperation between all sailing nations/territories and organizations in Oceania, and to foster good relations with other continental confederations and nations/regions outside Oceania
Clause 3.9
To take all such steps and actions as deemed appropriate to achieve the OSAF’s primary responsibility.
SECTION 4: AUTHORITY
OSAF has the following powers, responsibilities and authority.
Clause 4.1
To create rules and regulations in regard to its functions and affairs consistent with ISAFs rules and regulations
Clause 4.2
Clause 4.3
To mediate disputes amongst its members as and when requested by its members
Clause 4.4
Clause 4.5
To determine the conditions, locations and all matters pertaining to OSAF regional or continental championship(s) and/or regattas under direct OSAF control.
Clause 4.6
To establish all conditions relating to its own functions, objectives and responsibilities.
Clause 4.7
To take such actions as necessary to discipline or otherwise deal with breaches of this constitution and/or rules and regulations of OSAF by its members and/or participants and/or officials participating in any official OSAF activities, and/or responsible for events, championships, regattas, or clinics conducted under the auspices of the OSAF.
Clause 4.8
To take all such actions to ensure the integrity, goodwill and image of OSAF so as to ensure the authority and good reputation of OSAF
Clause 4.9
To appoint staff and consultants as necessary for its own purposes
Clause 4.10
To take all such actions, initiatives and other activities, either directly expressed or not, in order to achieve its objectives.
SECTION 5: MEMBERSHIP
Membership of OSAF is available to all NSOs that are Member National Authorities (MNAs) of ISAF within Oceania.
Clause 5.2
Clause 5.3
Subject to Clause 5.2, there shall be only one class of membership of OSAF with all the members being of equal standing and importance.
Clause 5.4
To become a member of the OSAF, an NSO it must submit to the OSAF Executive Board either:
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Evidence of current membership of ISAF as an MNA or
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In those countries/territories that are not MNAs of ISAF and where there is no NOC, or where the NOC is not recognized by the IOC, a letter is required from the appropriate Pacific Games Association (PGA), Government or Sports authority recognizing the NSO as the sole governing body for sailing in that country/territory
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And pay such affiliation fee as determined from time to time by the OSAF Executive Board in accordance with Section 18.
Clause 5.5
Clause 5.6
Clause 5.7
OSAF shall only recognize one NSO in each country/region in accordance with the IOC precedent.
SECTION 6: ROLE, AUTHORITY OF MEMBERS
Clause 6.1
Members are recognized by OSAF as being the autonomous NSO within their respective countries/regions.
Clause 6.2
Clause 6.3
Members are expected to actively participate and support all OSAF activities, including:
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The staging of OSAF regattas/championships.
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The staging of clinics for coaches and Race Officials.
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The participation in regattas and championships.
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The participation in clinics and other OSAF activities.
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The participation at OSAF Congress and other activities.
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Clause 6.4
Clause 6.5
Members are to pay affiliation fees to OSAF as they become due in accordance with Clause 18.
Clause 6.6
Members of OSAF can delegate their powers or rights to only one other NSO.
Clause 6.7
Associate members of OSAF (see Clause 5.2) have the role/authority of a full member of OSAF except where such role/authority is amended or altered in accordance with Clause 5.2 and 7.11.
SECTION 7: MEMBERS RIGHTS
Subject to Section 5 members of OSAF have the following rights:
Clause 7.1
To participate in all OSAF activities, programs and competitions
Clause 7.2
To attend all OSAF Congress
Clause 7.3
To be represented by two delegates at OSAF Congress as nominated by the member. However, a delegate can only represent one member.
Clause 7.4
To have one vote at Congress
Clause 7.5
To elect members of the OSAF Executive Board
Clause 7.6
To nominate members for election of the OSAF Executive Board
Clause 7.7
To place matters on the agenda of the OSAF Congress and/or Executive Board
Clause 7.8
To speak and debate at OSAF Congress
Clause 7.9
To propose amendments to OSAF Constitutions and regatta rules and regulations of the OSAF
Clause 7.10
To propose any actions, policies for discussion at OSAF Congress
Clause 7.11
Associate members of OSAF (Clause 5.2) have the following rights: Clauses 7.1 (subject to any conditions decided in accordance with Clause 5.2), 7.2, 7.3, 7.7, 7.8, 7.9, 7.10).
SECTION 8: LOSS OF MEMBERSHIP
A member may lose its membership or membership privileges on the following grounds.
Clause 8.1
By written resignation by the member addressed to the OSAF Executive Board.
Clause 8.2
Due to a delay of more than one year in the payment of fees due under clause 18 or other money due
Clause 8.3
Clause 8.4
SECTION 9: NOT USED
SECTION 10: ORGANIZATION
The organizational structure of OSAF shall consist of the following.
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The Congress
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The Executive Board
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Standing Committees
SECTION 11: THE CONGRESS
Congress (in ordinary or extraordinary session) composition, power and roles is as follows.
Clause 11.1
Congress shall consist of member NSOs as represented by two delegates (maximum) per member as well as the Executive Board.
Members and Executive Board represented at the Congress will have one vote at the Congress, regardless of whether the member is represented by two delegates.
11.2.1 Only members can vote at ordinary or extraordinary Congress.
Clause 11.3
Members shall appoint their delegates by formal written notification to the Secretary- General, prior to the commencement of any congress.
Clause 11.4
A delegate may only represent one member.
Clause 11.5
Congress shall meet every year normally at an Oceania Championships in the country/region hosting the championship and at the Pacific Games and Pacific Mini Games in the years that these Games are held in the country of the Host PGA. These congress meetings may be held by delegate physical attendance, conference call, internet, skype or telephone communication or any combination of these formats.
Clause 11.6
Notification of a meeting of Congress shall be advised by the Secretary-General to the members at least thirty days prior to the proposed dates of the Congress.
Notification of the Congress shall include:
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Date
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Location
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Agenda
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Conditions (e.g. accommodation, meals, etc.)
Clause 11.7
An extraordinary Congress shall be held for the following reasons.
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Changes to the OSAF Constitution
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When requested by at least one-third of the members of OSAF.
Clause 11.8
Clause 11.9
Upon receipt of a valid request (Clause 11.8) to hold an extraordinary congress, the Executive Board shall arrange to conduct an extraordinary congress within ninety days of receipt of the request at a place and time determined by the Executive Board.
The Executive Board may call for an ordinary congress to be held immediately following an extraordinary congress in accordance with Clause 11.6 above.
Clause 11.10
At an extraordinary congress, only those matters which form the basis of the holding of the extraordinary congress shall be discussed.
In the case of a matter of great importance, an ordinary congress may, with a two-thirds vote of approval of members present, convene an immediate extraordinary congress without reference to Clauses 11.7, 11.8, or 11.9.
Clause 11.12
The quorum for a congress shall be at least half of the OSAF membership. In the event that a quorum does not exist, a congress may continue to meet, however, any/all its decisions shall be subject to ratification by a subsequent congress.
Clause 11.13
The functions of an ordinary congress include the following:
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To elect the office bearers, namely
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The President (1)
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Secretary-General (1)
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Vice Presidents (4) members who shall all be from different countries
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To debate, examine, adopt, reject, defer or amend any proposals, reports or policies.
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To provide broad policy guidelines for the implementation by the Executive Board.
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To approve the affiliation of members or to set conditions for associate members.
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To consider and approve the financial reports, budgets and audited accounts.
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To amend the OSAF Rules and Regulations.
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To take such disciplinary decisions as are necessary.
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SECTION 12: EXECUTIVE BOARD
The Executive Board shall comprise a minimum of five (5) persons as follows.
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The President
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The Secretary-General
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Up to Four (4) Vice Presidents
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In addition, the Executive board may invite/appoint at its sole discretion advisors/consultants/honorary members to attend its meetings in an advisory capacity. In making such appointments the Executive shall take into consideration the fair representation of its members on the board. (Members appointed under 12.1.4 shall have no vote.)
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Clause 12.2
The members of the Executive Board (Clause 12.1.1/12.1.2 and 12.1.3) shall each have one vote on the Executive Board. In the case where the Executive Board is unable to determine a matter, the President shall have a second (casting) vote.
Clause 12.3
The Executive Board may for whatever reasons suspend a member of the Executive Board upon a two-third majority vote of its Membership. Such a suspension shall become effective immediately following the vote; however, the suspension will be subject to ratification by a subsequent congress with a two-thirds majority vote.
Clause 12.4
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Where an Executive Board has suspended a member (Clause 12.3 or Section 9).
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Where the Executive Board member has resigned.
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Where the Executive Board member fails to attend at least two (2) consecutive Executive Board meetings without a reason acceptable to the Executive Board.
Where an Executive Board member is replaced pursuant to this clause, the new Executive Board member must be ratified by the next OSAF Congress.
A vacancy filled under this process shall be for the duration of the term of the person replaced.
Clause 12.5
All members of the OSAF Executive Board shall be from different member federations, except in the case of Secretary-General or President, who may both be from the same member federation.
Clause 12.6
Executive Board members shall be honorary and must actively contribute to the work of OSAF and shall determine issues and make recommendations on the basis of what is “good for sailing” as distinct from any national, regional or other interests.
Clause 12.7
An Executive Board member may debate but cannot vote on any issue that affects the country/region of origin of that executive member.
Clause 12.8
Clause 12.9
A quorum for an Executive Board shall be at least half of the Executive Board membership.
Clause 12.10
The functions of the Executive Board are:
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To implement Congress decisions and policies.
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To govern OSAF between meetings of the Congress.
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To take all such actions to achieve the objectives of OSAF.
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To consider and decide any issues referred to it by Congress.
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To report to Congress on its activities and decisions, and to submit such activities and decisions for ratification, objection or amendment by the Congress.
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To determine the time/location of the next Executive board meeting.
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To oversee the financial affairs of OSAF, including the budgets.
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To consider and recommend applications for membership.
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To advise Congress on issues, policies and motions.
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To maintain close liaison with ISAF
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To determine the location of OSAF headquarters
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To appoint staff on such conditions as deemed appropriate
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To allocate responsibilities to the Vice-Presidents (Clause 14.2)
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To appoint standing committees from time to time
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Clause 12.11
All decisions of the Executive Board may be amended, overruled, or rejected by an OSAF Congress.
SECTION 13: THE PRESIDENT
The President shall be elected by Congress to a four year term. The term shall normally commence from the Congress held in the year of the Pacific Games to the next Pacific Games.
Clause 13.2
The President shall be responsible to Congress.
Clause 13.3
The President shall chair meetings of the OSAF Congress and Executive Board.
Clause 13.4
The President shall have full authority of Congress within policies determined by Congress, and subject to the Constitution and rules and regulations of OSAF.
Clause 13.5
Clause 13.6
The President shall be the official spokesperson for OSAF on all matters.
Clause 13.7
Clause 13.8
Clause 13.9
In the case where the President is unable to chair meetings of the Executive or Congress, the most senior Vice-President (as determined by the Vice-Presidents) shall act as President.
SECTION 14: VICE-PRESIDENTS
The Vice-Presidents shall be elected by Congress for a four year term. The term shall normally commence from the Congress held in the year of the Pacific Games to the next Pacific Games.
Clause 14.2
Each Vice-President shall be responsible for one of the standing committee functions: The allocation of responsibilities shall be determined by the Executive Board.
Clause 14.3
The Vice-Presidents shall chair the meetings of the committee for which they have specific responsibility.
Clause 14.4
Clause 14.5
In the case where the President is unable to chair meetings of the Executive or Congress, the most senior Vice-President (as determined by the Vice-Presidents) shall act as President.
SECTION 15: SECRETARY-GENERAL
Clause 15.1
The Secretary-General shall be elected by the OSAF Congress for a four year term, commencing in the year of the Pacific Games to the next Pacific Games.
Clause 15.2
The Secretary-General shall attend all meetings of the OSAF Congress and the Executive Board.
Clause 15.3
The Secretary-General shall be responsible for the preparation and maintenance of minutes, agenda reports and all financial and administrative records of OSAF.
Clause 15.4
The Secretary-General shall advise details of meetings of Congress and the Executive Board.
Clause 15.5
The Secretary-General shall receive, maintain, and send all correspondence on behalf of OSAF and shall report upon them to the Executive Board.
The Secretary-General shall implement and circulate Executive Board decisions, as appropriate.
Clause 15.7
Clause 15.8
The Secretary-General shall maintain all membership records of OSAF.
Clause 15.9
The Secretary-General shall collect fees and conduct other financial activities on behalf of OSAF.
SECTION 15A: EXECUTIVE MANAGEMENT
Clause 15A.1
Clause 15A.2
OSAF Executive may appoint a member/representative or one of its staff to be the Executive Director of the Oceania Federation, whose primary responsibility shall be as follows:
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To assist the President and the Secretary General in the fulfillment of their functions and to provide advice to the Executive Board on all matters relating to the operation of OSAF.
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To prepare the necessary correspondence and to conduct the day-to-day affairs and administration of OSAF.
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To handle all routine correspondence and to maintain records of OSAF.
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To organise the OSAF offices and to assist in the employment of staff and allocation of duties and the supervision of those staff.
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To manage and assist in all administrative functions to be performed in order to advance the interests of OSAF.
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To assist in the organisation of the Congress under the direction of the President and the Secretary General.
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To undertake such duties as may be required by the President, the Secretary-General and the Executive Board.
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The Executive Director shall have the right to attend meetings of the OSAF Executive Board and Congress and Commissions and shall have the right to speak at such meetings but he shall not have a vote at such meetings.
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The Executive Director shall be responsible for his functions and duties to the Executive Board through the President.
SECTION 16: STANDING COMMITTEES
In accordance with Section 10, there may be standing committees of OSAF which may include but are not limited to:
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Technical
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Race Officials
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Youth and Development
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Games and Events
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Classes
Section 17: Elections
The following procedures shall apply in regard to the election of the following officials.
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President (one position)
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Vice-Presidents (Four positions)
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Secretary-General (one position)
Clause 17.1
The Executive shall appoint a suitable independent person of stature as Election Chairman to conduct the election process during the Congress held during the Pacific Games. The appointment of the Election Chairman shall be made before/or on the date of the Congress.
Clause 17.2
The Secretary General shall call for nominations for each position by writing to all OSAF members at least 2 months prior to the Congress and seeking nominations and advising the exact date for the close of receipt of nominations (see 17.2.2).
Clause 17.2.1
Nominations shall be in writing and must indicate the consent of the nominee.
Clause 17.2.2
Clause 17.2.3
The Secretary General shall advise all OSAF members of all the nominations received prior to the Congress at least 5 days before Congress.
Clause 17.2.4
Members of the Executive Board, prior to the calling of nominations (17.2), shall automatically be deemed to have nominated for the position they held previously, unless they advise the Secretary General in writing of their decision to resign or not to be nominated.
Clause 17.2.5
Should no nominations be received, Clause 17.2.2 shall apply.
Clause 17.3
During the Congress, the election process shall be as follows.
Clause 17.3.1
Clause 17.3.2
The Election Chairman shall be in charge of the election process and shall be assisted by 2 other neutral persons appointed by the Executive Board prior to the commencement of the election process.
Clause 17.3.3
The Election Chairman shall,
(a)
(b)
(c) (d) |
Advise the Congress of the nominations received in accordance with 17.2 to 17.2.5. In the case where there is no nomination received in accordance with Clause 17.2 to 17.2.5 the Election Chairman shall call for nominations from the floor. Any delegate may nominate a person for a position. The Election Chairman shall accept any nomination provided the person nominated accepts the nomination. If only one nomination is received, that nominee shall be declared elected. If more than one nomination is received Clause 17.3.4 to 17.3.8 shall apply. |
Clause 17.3.4
Upon receipt of all nominations, the Election Chairman shall distribute to each member present a ballot paper.
Clause 17.3.5
Each member shall vote for one candidate only by writing the name of the preferred candidate on the ballot paper.
Clause 17.3.7
A candidate shall be elected when that candidate receives a majority exceeding 50% of the votes cast.
In the event where there are 3 or more candidates for a position and no candidate receives more than 50% of the votes a further ballot shall be conducted as follows,
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The candidate with the fewest votes shall be deleted from the field of candidates and a ballot shall be held of the remaining candidates.
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The process (17.3.7a) shall be repeated until a candidate receives the necessary majority.
This process shall continue until all positions are filled.
In the case where there are two candidates remaining and, if after three ballots a result is not obtained, the election shall be determined by the toss of a coin.
Clause 17.3.8
The Election Chairman shall announce each result as it is achieved.
SECTION 18: FEES & FINANCE
Membership Fees for each member NSO shall be as recommended by the Executive Board and endorsed by the Congress.
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The Executive Board may establish a membership fee for all member federations taking into account any matters deemed appropriate by the Executive Board.
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Membership fees shall not exceed 10% of the membership fees set and paid by NSO’s to ISAF from time to time.
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All membership fees are payable in the year that they are due.
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A once-only Affiliation Fee may be payable upon a NSO seeking membership of the OSAF. The fee shall be as recommended by the Executive Board and endorsed by the Congress.
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Clause 18.2: Finance
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The financial year of OSAF shall commence on January 1 and conclude on December 31 in any calendar year.
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The Secretary-General shall be responsible to the Executive Board for all financial records and accounts.
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The Executive Board will circulate a budget to member NSOs prior to the start of the financial year to which it is applicable.
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The Executive Board will circulate the annual accounts of OSAF to all member NSOs within 4 months of the end of each financial year. The annual accounts shall be formally approved at the next meeting of Congress.
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SECTION 19: REGATTAS
SECTION 20: AMENDMENTS TO THE CONSTITUTION
Amendments to the Constitution can only be made through the following process.
Clause 20.1
Clause 20.2
All amendments to the Constitution must be approved by at least two-thirds of members present to be carried.
Clause 20.3
Clause 20.4
SECTION 21: AMENDMENTS TO RULES AND REGULATIONS
Amendments to the Rules and Regulations shall be made through the following process.
Clause 21.1
Amendments can be made at an Ordinary or Extraordinary Congress provided the proposed amendments are listed on the Agenda of the Congress in accordance with Section 11.
Clause 21.2
For amendments to the Rules and Regulations to be adopted, there must be a simple majority vote of members present to be carried.
Clause 21.3
An amendment carried (Clause 21.2) comes into effect immediately or as otherwise determined by Congress.
Clause 21.4
In the case where there is an urgent amendment required to the Rules and Regulations, the Executive Board may approve the change. However, a subsequent OSAF Congress must approve such a change.
SECTION 22: AWARDS
OSAF may bestow upon an individual the following honors and honorary titles in recognition of that person’s outstanding contribution to the development of sailing.
The honors and their conditions are as follows:
Clause 22.1
Honorary Life Member
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The Executive Board may recommend life membership for any person for outstanding contribution to the development of sailing at an international level in Oceania or elsewhere for a minimum period of eight years.
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Any Executive Board recommendation must be endorsed by a majority decision of the Congress.
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No more than ten persons can hold life membership of OSAF at any one time in addition to life memberships automatically conferred upon previous Honorary Presidents.
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The award of Honorary Life Member shall take the form of a suitable plaque and lapel badge and in an Honors List in the OSAF Annual Report.
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Clause 22.2 Not Used Clause 22.3
President’s Award
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The President’s nomination must be endorsed by the Executive Board.
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A maximum of one President’s Award can be made each year.
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The award shall take the form of a suitable plaque and recognition in the OSAF Annual Report.
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Clause 23.1
SECTION 23: OFFICIAL LANGUAGE
OSAF recognizes all the languages of its Member Organisation.
Clause 23.2
The official governing language of the OSAF shall be English; however OSAF shall also acknowledge French language.
Clause 23.3
In all cases of a dispute, the English language shall prevail and take precedence.
Clause 23.4
Congress Minutes and Executive Board minutes shall be produced in English
SECTION 24: DEFINITIONS
OSAF |
Oceania Sailing Federation |
OSAF Rules and Regulations |
Such Rules and Regulations as established by the OSAF from time to time to assist in the orderly conduct of the OSAF affairs and events. |
Congress |
The Congress of OSAF as defined in Section 11. |
Continental |
Refers to the IOC region of Oceania |
Executive Board |
The Executive Board of OSAF as defined in Section 12. |
Executive Member |
A person being a member of the OSAF Executive Board as defined under Clause 12.1 |
ISAF |
International Sailing Federation as recognized by the International Olympic Committee. |
Member |
A Member organization as recognized by and affiliated with OSAF as the NSO in a particular country/territory. |
NSO |
National Governing Sailing Organization is the sole National/Territory body controlling the game of sailing in each country/territory as recognized by that country’s/territory’s National Olympic Committee or, where there is no National Olympic Committee, by that country’s/territory’s appropriate government authority. |
NOC |
National Olympic Committee of each individual country/territory, as recognized by the International Olympic Committee. |
Regional |
Refers to any sub-group of countries within Oceania and under the control of Oceania Sailing Federation e.g. South Pacific |
Office Bearer |
An individual person having an official role or function as defined in Section 13, 14, 15, and 16. |
APPENDIX 1: RECORD OF ADOPTION & AMENDMENTS
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Adoption
This Constitution was initially adopted by the NSO’s at an inaugural special meeting of OSAF held at Apia Samoa on 3rd September 2007 as subsequently amended with the assistance of David Lees of ISAF adopted by OSAF Congress held at Aitutaki on 30th September 2009 and then submitted to ISAF Constitution Committee & ISAF Council between 9th – 14th November 2009 for approval and final adoption by member NSO’s by circulatory resolution as below.
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ISAF Approval
This constitution was approved for adoption by ISAF in the following manner. Dated ISAF Approval
12th -14th November 2009 ISAF Council, Busan, Korea
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Circulatory Adoption & Signatories of Member NSO’s
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