Re:  Interpretation of Regulation 9 (1) (e):

Union of Taxation Employees
REGULATION NO. 9

9.1 DUTIES OF THE ALTERNATE REGIONAL VICE-PRESIDENTS

(1) The Alternate Regional Vice-Presidents:

(a) assume the duties of the Regional Vice-Presidents in their temporary absence or incapacity;
(b) assist or replace Regional Vice-Presidents on request;
(c) serves on committees when appointed;
(d) performs such services within the region as the Executive Council may direct;
(e) may attend an Executive Council held at the same time as a President’s Conference once each year in the course of his or her mandate;
(f) submits to the National Office at least two (2) weeks prior to the Executive Council meeting a written report of their activities, expenses incurred and other pertinent information according to a standard format; and
(g) performs other related duties as required.

The wording of (e) is not as clear as to the intent of this Regulation and may be open to interpretation, thus I am making an interpretation that will be effective immediately and I have asked the Chair of the By-law committee to submit revised wording, for clarification to the next Executive Council meeting.

Problem:

The wording “once each year” usually denotes a calendar year but the words “in the course of his or her mandate” would run from Convention to Convention.  As an example:  in the past if an Alternate RVP was re-elected they were not allowed to attend the March Presidents Conference prior to the Convention AND the September Presidents Conference after the Convention as they were in the same calendar year.  If we used the calendar year then the possibility of attending four (4) meetings may have been expected, while the intent was clearly the possibility of three (3) times was the maximum.  Thus I am providing the following interpretation:

Interpretation:

The intent of this Regulation was to allow the Alternate RVPs the ability to attend an Executive Council meeting once during each year of their mandate.  As their mandate commences at the time of their election at the Convention, a year is to mean twelve (12) months from the date of their election.  For our purposes, that means from July 2008 to July 2009 and so on for the next two years, up to the end of their mandate, meaning the next convention.  This would allow an Alternate RVP who has been re-elected the possibility to attend an Executive Council meeting twice in the calendar year in the year of the Convention but a total maximum of three (3) meetings within their three (3) year mandate that spans Convention to Convention, July to July each year. No Alternate RVP will be allowed to attend both the September Executive Council meeting AND the March Executive Council meeting the following year since each year of their mandate runs from July to July.

Please retain this interpretation with your UTE By-Laws and Regulations until the Regulation has been amended.

In Solidarity,

Betty Bannon
National President