ASSOCIATION OF LOCAL GOVERNMENT AUTHORITIES OF JAMAICA (INCORPORATED AND VESTING) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Incorporation

   4   Vesting of property

   5   Objects of the Association

   6   Powers of the Corporation

   7   Saving of prerogative

   8   Constitution of Association

      SCHEDULE

THE ASSOCIATION OF LOCAL GOVERNMENT AUTHORITIES OF JAMAICA (INCORPORATED AND VESTING) ACT

[Date of Commencement: 26th March 2004]

Act 8 of 2004.

1   Short title

   This Act may be cited as the Association of Local Government Authorities of Jamaica (Incorporated and Vesting) Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Corporation" means the body incorporated by this Act.

   "the Association" means the persons for the time being associated in Jamaica under the name of the Association of Local Government Authorities of Jamaica.

3   Incorporation

   (1) The following persons, that is to say:

   Councillor Ralph Anglin   - President

   Keith Osbourne         - General Secretary

   Councillor Hezekiah Molloy   - Treasurer

   Councillor Larel Thomas   - Vice President

   Councillor Lusson Bartley   - Vice President

   Councillor Lance Comrie   - Vice President

and their successors for the time being in the respective offices of the Association as aforesaid or as may from time to time be elected for the purpose by the Association at its Annual Conference shall be and are hereby declared constituted and appointed a Corporation or Body Corporate to which section 28 of the Interpretation Act applies, and shall have the continuance forever and perpetual succession by the name of the Association of Local Government Authorities of Jamaica.

   (2) No Act or proceedings of the Corporation shall be invalidated by reason of any vacancy in the body or in any of the offices mentioned in the preceding subsection or by any defect in the appointment of any person to any such office.

   (3) The seal of the Corporation shall be of such design and pattern as the Corporation may from time to time determine.

   (4) Upon the recording in the Island Record Office or the lodging at the Office of Titles of a certificate under the seal of the Corporation of the appointment of any person to any of the offices mentioned in subsection (1) the person named in such certificate shall be deemed to be the holder of the office named therein until the recording or lodging of a certificate of appointment of another person to such office.

   (5) No deed or document purporting to be executed by the Corporation shall be of any force or validity unless it be sealed with the seal of the Corporation and signed by not less than two members of the Corporation who have been so authorised in accordance with the approved rules and procedures of the Corporation.

4   Vesting of property

   (1) All lands and hereditaments and all goods, chattels and personal property in Jamaica which are now legally or equitably, the property of the Association or are now held in trust for the purpose of the Association or are now held or possessed on behalf of the Association by officials or members of the Association or any of them are hereby transferred to and vested in the Corporation, their successors and assigns subject to all trusts, mortgages, charges, rights reservations or encumbrances, (if any) affecting the same or any part thereof.

   (2) All property Real and Personal in the Island of Jamaica devised or bequeathed by Will or otherwise given to the Association or to any person for the benefit of the Association shall be held by and is hereby vested in, and shall be deemed to be, the property of the Corporation.

5   Objects of the Association

   The objects of the Association shall be-

   (a)   to advance, promote and represent the interests, rights and privileges of Local Government Authorities and the elected representatives thereof, and generally to advocate and promote the cause and interests of Local Government and the concepts of local self-management and community participation in governance; and to support and encourage research, scholarship and information gathering and dissemination in respect of the operations and practices of local government in Jamaica and abroad:

   (b)   to encourage, support and promote the concepts and principles of good local governance and the achievement and maintenance of high ethical and operational standards in the exercise of municipal management and in the pursuit of regional, local and community development by Local Government Authorities, and in the delivery of local services and maintenance of infrastructure:

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   (c)   to encourage and facilitate the development of sound and cooperative relations among and within Local Government Authorities, and between local government authorities and central government international and national agencies, the private sector, civil society and community organisations; and to serve as liaison, coordinator and agent, for and on behalf of local government authorities in dealing with such entities:

   (d)   to support and promote the interests, welfare capacity of Community-Based Organisations (CBOs), Non-Governmental Organisations (NGOs) and other Civil Society entities, and to develop and maintain strong linkages with such organisations, towards achieving good and effective local governance; and

   (e)   forge and maintain linkages and strong relationships with organisations having like or similar interests, including twinning and/ or membership in, or other forms of associations with, national, regional and international associations of municipal authorities, or other bodies which foster and promote cooperation between, or strengthening of, local government entities.

6   Powers of the Corporation

   (1) The Corporation shall have the following powers:

   (a)   to undertake or engage in, severally or jointly with any other group, organisation or entity with which it may be desirable to do so, such tasks, activities or undertakings which are deemed necessary or desirable in pursuit to its objectives. Offer services to, or undertake projects on behalf of Local Authorities, Community-based Organisations or other institutions, and engage in business endeavours and other activities which will advance the interests of the Association, or of local government and communities;

   (b)   acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever in fee simple or leasehold or for any other estate of interest therein, and all property, real, personal or missed;

   (c)   to give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account, or otherwise deal with all or any of the property both present and future, so held or any part thereof;

   (d)   to borrow, raise or secure the payment of money in such manner as may be thought fit and in particular by the issue of debenture or script charged upon all or any of the property (both present and future) held by or vested in the Corporation, and to redeem and pay off such securities;

   (e)   to appoint a person as the attorney of the Corporation either generally or for a limited period and for such purposes and with powers as may be stated in the Power of Attorney, and to revoke any such appointment;

   (f)   make such rules and by-laws as it may think fit in order to carry out the purposes of this Act.

   (2) Matters for which rules and by-laws mentioned in subsection (1) may be made may include, but are not limited to, the following-

   (a)   the convening and conduct of meetings of the Association, including annual and special general meetings; and to regulate the matters which may be dealt with at such meetings;

   (b)   designation of the offices to be established from time to time for conducting the affairs of the Association, and to establish the criteria for eligibility for holding such offices, the method of election or appointment to such offices, and the tenure of officers;

   (c)   establishment of an Executive Committee and other committees which might be deemed necessary or desirable for conducting the business of the Association, including the composition, method of selection, tenure and terms of reference of such committees;

   (d)   determination of criteria for membership of the Association, and establishing the rights, privileges and obligations of different categories of membership; and

   (e)   enabling the Association to devise various means for financing its operations, including the imposition of fees and subscriptions on individual and institutional members, receiving subventions or grants from local government authorities, international agencies, the private sector, non-governmental or non-profit organisations and foundations, earning fees for services or profits, income or interest in respect of business activities, investments, joint ventures et cetera, or from loans or sale of assets.

7   Saving of prerogative

   Nothing in this Act shall prejudice or affect the Rights of Her Majesty the Queen, Her Heirs and Successors, or of any body politic or corporate or any other person or persons, except such as are mentioned in this Act and those claiming by, from, through or under them.

8   Constitution of Association

   (1) The Constitution of the Association is set out in Schedule.

   (2) Any changes to the Constitution of the Association shall be subject to approval by the Minister, by Order, subject to negative resolution and published in the Gazette.

SCHEDULE
ASSOCIATION OF LOCAL GOVERNMENT AUTHORITIES

(Section 8)

APPENDIX II
CONSTITUTION AND GENERAL RULES

1

   The Association shall be called "The Association of Local Government Authorities of Jamaica".

2   Objects

   The Objects of the Association are:

   (i)   To protect the interests, rights and privileges of Local Government Authorities and Community Organisations.

   (ii)   To promote the development of Community Organisations.

   (iii)   To serve as liaison between the Authorities and the Ministry of Local Government, International Organisations, and/or Bodies, other Ministries and Agencies and Community Organisations.

   (iv)   To obtain and disseminate information on matters of importance to Local Government.

   (v)   To take action in relation to any matter with which the Authorities may be concerned.

   (vi)   To assist in maintaining a high standard of administration of the public services operated by the Authorities through the training and development of elected officials.

3   Membership

   Membership of the Association shall be all Councillors of the Parish Council and the Kingston and St. Andrew Corporation.

4   Meetings

   The Association shall meet annually in August, or at such times as the Executive may deem necessary. At least thirty days' notice shall be given to the Annual Meeting.

5   Quorum

   At the Annual General Meeting of the Association one-third of the members shall form a quorum for the transaction of business.

   If a quorum is not present within one hour after the time appointed for any meeting, the meeting shall stand adjourned to such date as the President may appoint.

6   Business at Annual Meeting

   At least twenty-one days prior to the date fixed for the Annual Meeting, each authority shall forward to the Secretary of the Association such Resolutions or letters which it desires to be placed on the Agenda of the said Meeting.

   A copy of the Agenda shall be sent to each Councillor and to each Authority, at least five days before the meeting.

7   Special Meetings

   A Special Meeting may be convened at the request of the President or by one-third of the members of the Association. The request for a special meeting from members shall be addressed to the President and the Secretary, stating the purpose for which such meeting is proposed.

   The Secretary shall convene such Special Meeting within twenty-one days of receipt of the requisition for such a meeting.

   At least fourteen days' notice shall be given to each member for Special Meetings.

   The lack of service to any member of the Association of the summons to attend a meeting, shall not affect the validity of the meeting.

   Except by a vote of two-thirds of the members present, no business shall be transacted at a Special Meeting, other than that specified in the summons convening such meeting.

   Minutes of Annual General Meetings and of Special Meetings of the Association shall be circulated to each member of the Association.

8   Officers

   The Officers of the Association shall be-

   President and three (3) Vice Presidents

   General Secretary

   Treasurer

   The President and Vice Presidents shall be elected at the Annual General Meeting of the Association. The Secretary and Treasurer and a Public Reasons Officer shall be appointed by the Executive Council.

9   Executive Council

   The Association shall immediately after its Annual General Meeting, establish an Executive Council, which shall consist of the President and Vice Presidents, the Mayor of each Authority and such other persons as may be co-opted to serve on the Council, provided that if the Mayor is an Officer of the Association, such Authority shall be represented on the Council by its Deputy Mayor.

   The Council may co-opt five persons (whether or not they are members of the Association) to serve as members of the said Council.

   The quorum of the Council shall be five.

10   Term of office

   All officers shall hold office for one year, or until the next Annual Meeting of the Association. Officers shall be eligible for re-election, not exceeding three (3) terms.

11   Subscription

   The Annual Subscription of each Parish Council and of the Kingston and St. Andrew Corporation shall be determined by the Annual General Meeting, and shall become due and payable in September of each year. If payment is not received within three months the members of the delinquent Authority, shall lose voting right, and members of that authority shall not be eligible for election to any office unless the Annual General Meeting otherwise determine.

12   Interpretation of terms

   In these rules, unless the context otherwise requires:

   "Association" shall mean the Association of Local Government Authorities of Jamaica.

   "Council" shall mean the Executive Council of the Association constituted as set at 9.

   "Local Government Authority" or "Authority" shall mean a Parish Council and the Council of the Kingston and St. Andrew Corporation.

   "Member or Representative" shall mean a Councillor of a Parish Council or KSAC.

   "Meeting" shall mean an Annual, Special or Executive Meeting of the Association.

   "Motion" includes Resolutions and Representations and shall include a motion to amend a motion.

In the case of election to office, voting may take place by secret ballot on decision of a majority vote of the Members present.

13   Debates at Meeting

   Every Member shall stand when speaking and shall address the Chairman, and a Member must confine his/her observation to the subject under discussion.

   If two or more Members shall rise to speak at the same time, the Chairman shall decide which one shall have priority.

   A Member who conceives that he/she has been misrepresented by any Speaker shall be entitled to offer an explanation, but his/her explanation shall be strictly confined to the point of his original speech, on which he/she claims to have been misrepresented.

   A Member shall not interrupt any speaker save for the purpose of raising a point of order, and the same point of order shall not after being ruled out by the Chairman be raised again at the same Meeting.

   On a point of order being raised, the Member then speaking shall resume his/her seat until the Chairman shall decide the point of order. Ruling of the Chairman on such point shall be final.

   A Member other than the Mover shall not speak more than once on any Motion or amendment unless in explanation. The Mover shall in all cases be entitled to speak once in making his motion and once by way of reply and in his/her reply shall confine himself/herself to matters raised in the opening speech or during the debate.

   The Mover of any original Motion shall however be entitled to ten minutes for his/her opening address and the Meeting may at that time, by a vote without debate, extend the time limit set by this Rule. No other Member shall be entitled to address the Meeting for more than five minutes on any one subject.

14   Discipline

   The Association by a resolution passed by a two-thirds majority of the Members present, may suspend or expel any Member. Suspension may be for a limited time or for the remainder of the term of office of such a Member. A Member may be suspended for persistent obstruction or other misconduct tending to prevent or to disrupt a meeting or to bring the Association to disrepute. A Member suspended for the remainder of his term of office, shall not be eligible to hold office on the Executive Council of the Association. A suspended Member who is a Member or officer of the Executive Council shall cease to be such Member or officer and a vacancy shall be deemed to have arisen. Any Member so suspended shall not be eligible for re-election as an officer of the Association during the residue of his term of office as a Councillor.

   A Member shall not use offensive or unbecoming words in reference to any other Member or make use of any unparliamentary remarks. Any Member who is adjudged by the Chairman to be out of order for having used objectionable words, shall retract such words to the satisfaction of the Chairman. If he/she refuses to retract such words, the Member shall be suspended from the meeting and the matter referred to the executive for any further action.

   All debates shall be conducted in an orderly manner and a Member shall not cause an unseemingly interruption or make any noise or disturbance. If on a call to order by the Chairman a Member shall persist in interrupting the proceedings, he shall be named and if he/she continue to interrupt the proceedings, the meeting may by Resolution duly passed, expel such Member from the meeting. In case of continued disorder, the Chairman may adjourn the Meeting.

   The Association by Resolution passed by a two-thirds majority of the Members present and voting may expel any Member for a given period of time.

   A Motion notice of which is on the Agenda, if not made at the meeting when it comes on shall, unless postponed by leave of such meeting, be considered as dropped and shall not be moved at any subsequent meeting without prior notice.

15   Amendments

   An Amendment may be moved at any stage of the debate on a Motion, and must be seconded before any member may speak thereon.

   No Member shall move more than one amendment to any Motion.

   A Member who has already spoken on an original motion may speak on an amendment.

   Up to five amendments can be moved and seconded to any Motion. All five amendments shall be discussed and disposed of, and the amendment that is carried shall become the Substantive Motion.

   Every amendment shall be in writing and be relevant to the Motion, and shall be so worded as to be capable of making an intelligible sentence either alone or in its proper context in the original Motion, as the case may be.

   For the purpose of putting a Motion to the vote, the Chairman may divide into two or more parts, any Motion which, in his opinion, may be more conveniently put to the meeting in parts. But when a Motion is divided by virtue of this Rule, it shall not be requisite for the second and following parts of the original Motion to be moved and seconded again.

   For the purpose of taking into consideration any subject which may require more full free discussion than adherence to these rules would allow, the Members may resolve themselves into a Committee of the Association and the rules prohibiting a member from speaking more than once on the same question shall be deemed suspended until the meeting shall resume.

   A debate on a motion shall terminate when the Mover makes his reply. The Chairman should then put the question to the Members for a vote by the show of hands.

   At the close of any Speech during a debate any Member may propose that "the Question is now put" and the proposal if seconded shall, unless the Chairman rules otherwise be put to the Meeting without further debate; should the proposal be carried, the Motion under discussion shall forthwith be put to the Meeting.

16   Voting

   All acts of the Association and all questions coming or arising before the Association or the Executive Council shall, unless otherwise prescribed by law or by these Rules, be done and be decided by Members as are present and vote at a Meeting.

   In any Meeting if there is equality of votes, the Chairman shall have a casting vote; if he shall refuse to exercise such casting vote, the Motion shall be deemed to have been negative.

   Except with unanimous consent of the Members present, no Motion passed within the preceding six months, and no Motion to the same effect as any Motion which was [deemed] negative by the Association within the preceding six months shall be considered as passed except upon the vote of a Majority of at least two-thirds of the members present and voting thereon.

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