LIBERIAN ASSOCIATION OF CANADA GENERAL PRINCIPLES AND CONSTITUTION
The general principles of the umbrella association shall provide the fundamentals and establish the framework for a democratic, collaborative, efficient and effective governance mechanism for local Liberian associations across Canada as well as always seek the general welfare of the general Liberian community. Thus, these established principles shall serve as the blueprint for the overall creation of specific policies, procedures, and processes for implementation of governance structure including legal, legislative, and administrative undertakings.
The association shall always promote, enhance and/or initiate endeavours for the integration, unification, and reconciliation of the Liberian community in Canada either directly or indirectly.
The association shall always promote, enhance, preserve, and protect authentic Liberian culture norms and practices including history and traditions, which are consistent with the development of the Liberian community in Canada.
The association shall always ensure the prevention of the abuse of power, misuse of public and community resources and various forms of corruption as a self – guiding principle as well as within the Liberian Community across Canada and elsewhere as appropriate.
The association shall always engage, mobilize, and facilitate financial, material, and human resources much needed at home and abroad for the benefit of all Liberians as appropriate.
The association shall always ensure the creation of a constructive platform for critical examination, dialogue and peaceful resolution of local, national, and international issues that have direct impact on the Liberian community primarily in Canada and elsewhere.
The association shall always uphold and defend the principles of freedom, liberty, justice, and all other forms of human rights.
The association shall develop, advocate, and engage in activities and processes demonstrative of good governance and democratic principles under the rule of law.
The association shall promote, cultivate, and harness the industry of Liberians in Canada, seek investments opportunities for Liberia from Canada, and actively engage in the reconstruction or sustainable development efforts to the full benefit of all Liberians.
The association shall ensure that equal opportunities are provided to all Liberians and all forms of discrimination and preferential consideration are denounced and/or eliminated.
The association shall always be the official spokesperson and representative of Liberians and their various communities and organizations in Canada at both the local and international levels.
PREAMBLE
We as citizens, descendants, and people of Liberian ancestry, now residing in Canada, conscious of the critical need for integration and unity as a community to provide for our common good, and empowerment for cultural, civic, social, and economic development of the Liberian community in Canada and our ancestral homeland, do hereby ordain and establish this constitution as the guiding principle for the Liberian Association of Canada (LAC), our umbrella organization.
CHAPTER 1 - NAME OF ORGANIZATION
The proposed name of this organization shall be The Liberian Association of Canada hereinafter also referred to as LAC.
CHAPTER 2 - TAGLINE/MOTTO/SLOGAN
The tagline/motto/slogan shall be ‘Together We Work for a Better Community’.
CHAPTER 3 - HEADQUARTERS
Article 1
The Association shall have its corporate headquarters in a Canadian city designated based on evidence of the most benefit to the effective governance structure and sustainability of community access where appropriate.
Article 2
The Administrative headquarters of the association shall be always maintained in the city or province of residence of the sitting President.
Article 3
The regional offices of the association shall also be always maintained in the cities or provinces of residences of the Regional Vice Presidents.
CHAPTER 4 - JURISDICTION OF THE FEDERATION
Article 1
The jurisdiction of the Association shall encompass and shall be divided into member cities across Canada.
Article 2
Each jurisdiction shall be comprised of member organizations within said cities.
CHAPTER 5 - POWERS OF THE CONSTITUTION
Article 1
This Constitution is the supreme law of the association, and its provisions shall be binding on all its member organizations.
Article 2
All laws, rules, regulations, procedures, and activities found to be inconsistent with this constitution shall be void and of no legal effect in matters directly under the jurisdiction of the association.
CHAPTER 6 - MEMBER ORGANIZATIONS
Article 1
The association shall be comprised of Liberian Community Associations (Chartered Members) that are unincorporated associations, Non-profit as define by Canada Non-profit Act or Registered Charity, other private Liberian organizations (Regular Members) and Non-Liberian organizations (Affiliate Members) with legal status in Canada.
Article 2
The association shall have a membership system representing local Liberian community associations (chartered members), private Liberian organizations (regular members) and Non-Liberian Organizations (Affiliate Members) with vested interest in Liberia and the wellbeing of Liberians in Canada. Political parties and affiliated entities shall not be member(s) of the Association.
Article 3
Local Liberian community associations (chartered members) shall constitute bodies duly established to organize Liberian communities within a city or region with bylaws/constitutions and democratic electoral processes open to members without regard to ethnicity, religion, creed, sex, or political affiliation. The association shall not permit multiple representations of local Liberian community associations within the same city.
Article 4
Private Liberian organizations (regular members) shall constitute bodies duly established to promote a specific interest relating to Liberians void of any discrimination and somewhat exclusive membership in that regard.
Article 5
Non-Liberian organizations (Affiliate members) shall be comprised of non-political institutions and organization that shall be interested in developing working partnerships with the association on various projects and programs in the interest of Liberia and Liberians in Canada.
Article 6
Member Organizations shall have the RIGHT to:
Determine their membership consistent with the provisions of this constitution.
Freedom of association, speech, thought, movement, and beliefs among others not in contravention of this constitution.
Access to information about the association, its leaders, and activities; and petition the association seeking redress to their grievances and concerns. A petition signed by a two third (2/3) majority of a member association shall constitute grounds for authorizing an intervention by LAC regarding the matter of concern. The petition shall clearly define the issue (s) for intervention and reasons for elevating the matter to the national leadership.
Article 7
The decision-making powers of the Association shall be vested in member associations in GOOD STANDING by and through their regional vice presidents or designated delegates during convention.
Article 8
Member associations shall reserve the right to revise and restructure the association and its laws in accordance with the provisions of this Constitution.
Article 9
No person (s) shall hold memberships in more than one member association at a time and only one registered member community association member shall be permitted in a city.
Article 10
Only chartered members shall have voting rights, all other forms of memberships shall be observers at voting proceedings even though they can participate in deliberations and other convention activities.
Article 11
Membership fees shall be as follow:
Chartered members shall be $200 CAD annually plus a convention fee of $500 annually
Regular members shall be $150 CAD annually plus a convention fee of $250 annually
Convention fee for affiliate organizations and other categories of official observer organizations shall be $100 annually
CHAPTER 7 - STRUCTURE OF THE FEDERATION
The governing bodies of the association shall be comprised of the National General Assembly hereinafter referred to as the Assembly/Convention; the National Board of Directors hereinafter referred to as the Board and the National Executive Leadership hereinafter referred to as the Executive Leadership.
CHAPTER 8 - NATIONAL GENERAL ASSEMBLY
Article 1
The assembly shall be the HIGHEST decision-making body and shall approve new policy decisions of the association and shall be presided over by the National President.
Article 2
The assembly shall be the forum for the mass participation of member associations. Liberians and friends of Liberia shall participate in the deliberations of the assembly, but the RIGHT TO VOTE shall be RESERVED for official delegates from chartered member associations accredited to the Assembly.
Article 3
Decisions of the assembly shall be BINDING on member associations, the board, executive leadership, and all other bodies of the association.
Article 4
Decisions of the assembly shall be FINAL and shall not be REVIEWED, ALTERED or CHANGED by any other body of the association EXCEPT by the assembly during session.
Article 5
The assembly shall receive and discuss the report on the State of the association presented by the National President.
Article 6
The Assembly shall meet each year in the month of August on a rotational basis hosted by a chartered member association in GOOD STANDING determined through a voting process by the assembly. Any member who has hosted shall not be allowed to bid until a full round is completed where all other members have been allowed to host.
Article 7
Net proceeds emanating from hosting the assembly shall be evenly split between the national association and the local host chapter on a 50/50 basis.
Article 8
If the Member Organization with the highest votes is determined to be unable to host the Assembly, the responsibility shall fall to the Member Organization with the second highest votes.
Article 9
Former National President(s) and Board Chairperson(s) shall be automatic delegates to the Assembly. They shall not be included as part of the accredited delegates from Member Organizations. However, they shall be delegates to the Assembly only if they:
Are in GOOD STANDING with their member association; AND
Not forced to resign or impeached/removed from office because of malpractice.
Article 10
The declaration of a State of Emergency, by the Federal and/or Provincial Governments, in the designated city/province of the host member organization may lead to postponement of the Assembly if the backup host Member organization indicates its unpreparedness to host the Assembly.
Article 11
When the Assembly is postponed, the National President shall within 15 days, convene an emergency Joint Session of the Board and the Executive Leadership to decide the new date and venue for the Assembly, which shall not exceed six (6) months as of the date of postponement. All issues during the Joint Special Session shall be decided by a simple majority vote.
CHAPTER 9 - NATIONAL BOARD OF DIRECTORS
Article 1
The Board shall be the governing authority of the association and shall comprise of maximum two representatives from each member association including former national presidents of the association.
Article 2
The Board shall approve new member associations based on the recommendation(s) from the National President \
Article 3
The Board shall confirm presidential appointments and review and act on matters of the association brought forward by the administration.
Article 4
The Board shall approve contracts, agreements, memoranda of understandings, and other legal instruments negotiated by the Executive Leadership before they are legally binding on the Association.
Article 5
The board shall approve a proposed budget annually as a working guide for the organization’s activities to be adjusted as necessary by the executive consistent with revenue actualization and operational realities.
Article 6
The Board shall approve the National Elections Law based on the recommendations of the National Elections Commission.
Article 7
The board shall approve revocation of membership status of member associations for non – compliance of membership requirements and other constitutional provisions provided that a motion of revocation is backed by a two third majority vote of the membership of LAC.
Article 8
The board shall suspend the membership of member associations for non – compliance and other violations of membership requirements and constitutional provisions by a two third majority vote including the following though not limited:
Lack of representation on the Board and a regional vice president for one calendar year.
Inactive participation on the board, regional vice president engagements, and activities of the association for one calendar year.
Non-payment of membership dues for more than one year; or
Gross violation of the provisions of this Constitution.
Article 9
When a member association membership is revoked, individuals from that member association serving elected offices shall remain in office until the next schedule elections. However, individuals occupying board positions shall be immediately removed from the board.
When a member association membership is suspended, voting powers on the board shall be considered automatically suspended until the association’s membership status is fully restored.
Article 10
Member Organization(s) whose membership is suspended or revoked shall be restored to full membership by the Board and accorded all rights and privileges when the:
Request for re-entry in the association is submitted to and approved by the Board; and
Issues that led to the suspension or revocation of their charter are resolved.
Article 11
The Board shall meet in regular sessions at least two times a year. A simple majority of the Board members in attendance shall constitute a quorum for the conduct of business.
Article 12
Decisions of the board shall be in the form of resolutions submitted to the president for onward transmission to appropriate stakeholders and the public as appropriate.
Article 13
The Board shall establish its rules and regulations and elect its officers for the conduct of business. No rule or regulation of the Board shall be in violation of this constitution.
Article 14
Upon removal/impeachment of a Member of the Board for proven misconduct, the Board shall duly inform the affected chapter and the said chapter shall provide a replacement within three (3) months of being notified.
CHAPTER 10 - NATIONAL EXECUTIVE
Article 1
The National Executives of the association shall be comprised of the President, Vice President, Secretary General, Chief Financial Officer and Regional Vice Presidents.
The President shall be the head of the National Executive.
Article 1a (Council of Regional Vice Presidents)
The Council of Regional Vice Presidents shall be comprised of all Regional Vice Presidents to facilitate active engagements in furtherance of the organization’s goals consistent with the annual year plan and aspirations.
Article 1b (Appointed Officials)
Appointed officials shall be those appointed by the President and approved by the board serving in various administrative capacities in consultation with the Regional Vice Presidents.
Article 2
The Executive Leadership shall be comprised of elected officials at the national level for a two-year term and shall be eligible to seek re – elections.
President
Vice President
Secretary General
Chief Financial Officer
CHAPTER 11 - NATIONAL PRESIDENT
Article 1
The President shall be the Chief Executive Officer, official spokesperson, and head of the association. He/she shall be a Liberia or of Liberian descent and shall have attained the age of 21 years, obtained a high school diploma and be a member of a member association in good standing with LAC.
Article 2
The president shall:
Manage the day to day running of the association consistent with the constitution and other provisions.
Appoint individuals to non-elected administrative positions subject to board approval.
Receive and review all applications for membership and shall submit recommendations for approval by the board.
Plan and preside over the annual convention of the association or designate a chair and shall have the power to convene emergency sessions of the convention in consultation with the board.
Request special sessions and emergency meetings of the board in consultation with the board chair.
Present quarterly progress reports at board meetings.
In case of resignation of any elected member (s) of the National Executive Leadership, the President shall nominate with the advice and consent of the Board an acting replacement until the next election.
Provide annual financial and progress reports to the board and regional vice presidents.
CHAPTER 12 - NATIONAL EXECUTIVE VICE PRESIDENT
Vice President
The vice president shall be the principal assistant to the president and shall act in his/her absence. He/she shall be a Liberian or of Liberian descent and shall have attained the age of twenty-one years, obtained a high school diploma and a member of a member association in GOOD STANDING with the association.
Shall be the head of the Council of Regional Vice Presidents reporting to the President.
CHAPTER 13 - NATIONAL GENERAL SECRETARY
Article 1
The General Secretary shall be the chief correspondence officer and custodian of the association’s records. He/she shall be a Liberian or of Liberian descent and shall have attained the Age of twenty-one years, obtained a high school diploma and a member of a member association in GOOD STANDING with the Association.
Article 2
The National General Secretary Shall:
Compile and maintain the records of treatise, communiqué, proclamation, responses to inquiries and press releases.
Document proceedings/minutes of meetings, conventions, and all other applicable administrative duties as appropriate.
Manage media and external relations including the running and upkeep of the association’s communication channels in consultation with the president.
Maintain updated official roster of member associations, the administration, and the Council of Regional Vice Presidents and other bodies of the Association; and
Receive and review reports from member associations and other stakeholders including external partners.
Ensure meetings are effectively organized and minuted.
Maintain and administer effective records.
Uphold the legal requirements of governing documents, charity law, etc. (where applicable).
Manage all communications and correspondences of the association.
CHAPTER 14 - CHIEF FINANCIAL OFFICER
Article 1
The Chief Financial Officer (CFO) shall be responsible for the planning, implementation, managing and running of all the finance activities of the association.
Article 2
The Chief Financial Officer shall:
Provide leadership, direction, and management of the finance affairs of the association.
Provide strategic recommendations to the president on financial matters, processes, and guidance consistent with compliance requirements under the Canadian Non-For-Profit Act.
Managing the processes for financial reconciliation and budgets and overseeing the preparation of all financial reporting.
Exercise responsibility for safeguarding the financial and other assets of the association.
Compile and keep records of all financial transactions and advise the president on the anticipated financial needs of the association; and prepare timely, meaningful, and accurate financial statements.
CHAPTER 15 - REGIONAL VICE PRESIDENTS
Sitting presidents of all member associations should automatically occupy the office of regional vice presidents and shall be required to undergo the process of elections if not already elected within the period of one year of occupying the office or as spelt out in the local association’s constitution/bylaws.
Regional Vice Presidents shall be required to submit semi – annual progress and financial reports to the national association unless otherwise exempted by the convention or other provisions of this constitution.
CHAPTER 16 - AUTONOMOUS & SEMI – AUTONOMOUS COMMISSIONS
Article 1
Autonomous and semi – autonomous commissions shall be created by the convention from time to time as deemed expedient by the convention.
The National Elections Commission shall be a standing autonomous commission of the association.
Article 2
There shall be an internal auditing committee to conduct annual audits.
Article 3
The Internal Auditing Commission shall be Semi-Autonomous and shall be FREE from the UNDUE INFLUENCES of the administration, the board, and other bodies of the association.
Article 4
The Internal Auditing Commission shall be responsible for reviewing, analyzing, and recommending changes in the fiscal and management practices of the association and its member organizations.
Article 5
The National Auditing Commission shall provide regular professional auditing services and conduct periodic audits of the bodies of the Association including the officers, offices, and institutions of the association and members.
CHAPTER 17 - NATIONAL ELECTIONS COMMISSION
Article 1
The National Elections Commission shall be headed by a National Chairman nominated by the National President and approve by the National board. All other members shall be nominated by a regional vice president of each member city association. The commissioners shall be appointed to a three-year term of service and shall be eligible for reappointment.
Article 2
The National Elections Commission of the association shall be responsible to organize and conduct the elections of the Executive Leadership. It shall establish laws, requirements, and eligibility criteria for the free, fair, and smooth conduct of elections consistent with this constitution.
Article 3
The National Elections Commission shall be autonomous and shall be FREE from the UNDUE INFLUENCES of the administration, the board, and other bodies of the association EXCEPT in ADJUDICATORY matters relative to the conduct of election.
Article 4
Elections shall only be NULLIFIED for gross violations of the Constitution that is, a candidate NOT attaining the age of 21 years, NOT an active member of a Member Organization that is in GOOD STANDING with the association, or a NOT Liberian or of Liberian descendant among others such as violation of electoral guidelines, fraud, and similar offences.
Article 5
Whenever the nullification of an election affects the presidential category, and the sitting President of the association is NOT a candidate, he/she shall REMAIN in office for no more than 90 days beyond the original election, the election commission shall propose a plan to the National General Assembly to determine a rerun within 90 days maximum for the sole purpose of conducting new elections for the presidential position.
Article 6
Whenever the nullification of an election affects the presidential category, and the sitting president of the association is a candidate, the board shall appoint an acting president for 90 days and the election commission shall propose a plan to the National General Assembly to determine a rerun within 90 days maximum for the sole purpose of conducting new elections for the presidential position.
Article 7
In the case of the nullification of elections for any other National Executive Office(s), the newly elected National President shall fill the vacancy temporarily consistent with the provisions of this constitution until the matter is resolved through a rerun or other means determined by the convention.
CHAPTER 18 - VOTING
Article 1
Registered member associations (chartered) in good standing shall select delegates who have obtained the age of eighteen (18) or older who shall be accorded full voting rights of said associations on all matters at the convention including elections.
Each chartered member association shall be accorded five delegates in addition to automatic delegates which include sitting regional vice presidents and board members.
Each member association shall have the right to determine the selection process of their delegates excluding automatic delegates.
CHAPTER 19 - IMPEACHMENT
Article 1
The board shall conduct impeachment hearings of elected officials based on a motion of complaint of gross violations and wanton disregard for this constitution backed by a two third majority vote of the organization’s membership.
Article 2
Misappropriation of the association’s funds and resources, abuse of power, failure to perform duties, misfeasance and malfeasance, felony, and other criminal convictions, and conduct detrimental to the vital interest of the association shall constitute grounds for impeachment.
Article 3
The board shall establish the rules and processes governing impeachment proceedings consistent with due process for the accused within thirty (30) days of the date of the successful motion submission to the board.
Article 4
A motion of compliant for impeachment shall only be brought forward by a regional vice president.
Article 5
A two third majority vote of the board shall be required to impeach and remove an individual from office.
Article 6
The outcome of an impeachment proceeding shall be final on the specific allegations raised and cannot be overturned, to initiate any impeachment proceeding, a new motion of complaint must be introduced.
Article 7
A two third (2/3) majority vote of the board shall be required to impeach and remove association officers from office.
CHAPTER 20 - SUCCESSION
Article 1
In the event of the resignation, impeachment, incapacity, relocation out of the association's jurisdiction or death of the national president, the national vice president shall become national president until the next election and shall nominate with the advice and consent of the board a new interim national vice president.
Article 2
The line of succession to the National President shall be in the order of the National Vice President, the Chairperson of the Board, National General Secretary and then Chief Financial Officer.
Article 3
In the event of the resignation, impeachment, incapacity, relocation or death of the National Vice President, National General Secretary or Chief Financial Officer, the National President shall nominate a successor with the advice, consent, and approval of the Board.
CHAPTER 21 - AMENDMENT AND RATIFICATION
Article 1
This Constitution shall be amended by two-thirds majority of qualified delegates voting affirmatively on the proposed amendment (s) present at the annual convention or at a special session of the convention called for that purpose.
Article 2
Proposed amendments to the association's constitution shall be accompanied by statements of reasons on why the amendments are necessary. The amendment(s) shall be published and distributed by the national general secretary to all member organizations at least 30 days before the convention is held to determine the fate of said amendment(s).
CHAPTER 22 - OATH OF OFFICE
National officers of the association shall take an oath of public trust:
"I, ____________ ______, do solemnly swear that I will support, uphold, protect and defend the constitution and by-laws of the Liberian Association of Canada and that I will faithfully discharge the duties and responsibilities of the office of ________ to the best of my ability, so help me God."
CHAPTER 23 - TRANSITION
Article 1
This revised constitution shall come into effect upon ratification by two-thirds majority of Member Organizations in GOOD STANDING with the Association at an Assembly.
Article 2
The association may be wound up at any time if agreed by two-thirds of those members present and voting at any National Assembly. In the event of winding up, any assets remaining after all debts have been paid shall be turn over to another group with similar aims.
Adopted and Approved at the 5th Annual Convention of the Liberian Association of Canada held virtually with all delegates within Canadian jurisdiction on December 11, 2021.
Original Constitution Committee
Francis J. Hinnah - CHAIRMAN
Leo N. Johnson - MEMBER
James Wright - MEMBER
Phyllis M. Gbadyu - MEMBER
Fewehlyn Caine - MEMBER