How are Committee Members Nominated and Elected?

How Are Committee Members Nominated and Elected?
With our AGM approaching, this seems a good time to look at how members of the CCMS Management Committee are nominated and elected.

This is also a useful example of how our own Constitution and the NSW rules for incorporated associations work together.
What Does the CCMS Constitution Say?
The current CCMS Constitution says that the Management Committee consists of:
– Shed Coordinator
– Shed Secretary
– Shed Treasurer
– Shed Safety Officer
– Community Liaison Officer
– up to two other officers as determined by the Management Committee.
It also says that each Management Committee member is elected at the Annual General Meeting for a period of one year.

Committee members may not serve more than three consecutive terms in the same position unless there are no other nominations for that position.
But How Are Candidates Nominated?
This is where things become interesting.

The current CCMS Constitution says that committee members are elected at the AGM, but it does not appear to set out the actual procedure by which candidates are nominated.

NSW incorporated-association rules require an association’s constitution to deal with the election or appointment of committee members, including the nomination procedure.

Where an association’s constitution fails to deal with one of the matters that NSW law requires it to address, the relevant provision of the NSW Model Constitution applies to fill that gap.
What Does the NSW Model Constitution Say?
The Model Constitution provides that:
1. Any member of the association may be nominated as a candidate for an office-bearer or ordinary committee position.
2. A nomination must be in writing.
3. It must be signed by at least two members of the association, not including the candidate.
4. It must be accompanied by the candidate’s written consent to being nominated.
5. It must be given to the Secretary at least seven days before the AGM at which the election will take place.
That seven-day requirement is consistent with the nomination deadline advised for our forthcoming AGM.
What Happens After Nominations Close?
The Model Constitution also explains what happens depending upon the number of nominations received.

If there are fewer candidates than positions available, those candidates are taken to be elected and further nominations are called for at the AGM.

If the number of candidates exactly equals the number of vacancies, those candidates are taken to be elected.

If there are more candidates than vacancies, a ballot is held at the AGM.

This means that an election is only required where there is actually competition for a position.
What About Withdrawing a Nomination?
This is another interesting question.

The Model Constitution clearly requires the candidate’s written consent before the nomination becomes valid.

However, I have not found a provision in either the current CCMS Constitution or the relevant Model Constitution clause explaining whether a member who originally nominated a candidate can subsequently withdraw that candidate’s nomination.

That does not necessarily tell us what the legal answer is, but it identifies an area where having a clear CCMS nomination procedure would remove uncertainty in future years.

It might be worth considering whether our Constitution should eventually spell out matters such as:
– who may nominate a candidate;
– whether a candidate can nominate themselves;
– how many nominators are required;
– the nomination closing date;
– whether and how a nomination may be withdrawn;
– who is entitled to withdraw it;
– what happens if a candidate withdraws;
– how ballots are conducted;
– how tied votes are handled;
– and when the final list of candidates must be provided to members.
Why Does This Matter?
Election rules should be clear before an election begins.

Candidates should know the rules.

Members should know the rules.

The Secretary and Committee should know exactly what procedure they are required to follow.

Clear rules protect everybody and reduce the possibility of disagreement later about whether a nomination or election was handled correctly.

This is not about any particular candidate or committee. It is about ensuring that our future elections are transparent, predictable and fair to everyone.

If anyone has additional information about the nomination procedure currently used by CCMS, or knows of another CCMS rule or policy dealing with nominations and elections, please add it to the discussion.

Questions and different interpretations are very welcome.

Should Members Be Told Who the Candidates Are Before the AGM?

Another question is whether members should be advised of the final list of candidates before the election.

The current CCMS Constitution does not appear to specify when candidate names must be circulated to members, and the NSW Model Constitution sets out the nomination process without expressly requiring the final candidate list to be distributed before the AGM.

That means there may not currently be a formal requirement to do so.

However, providing members with the candidate list shortly after nominations close would seem to be good governance practice.

It would give members time to:

1. see who is standing for each position;

2. understand whether a position is contested;

3. speak with candidates if they wish;

4. consider each candidate before voting; and

5. arrive at the AGM able to make an informed decision.

Our current AGM arrangements provide for each nominee to give a one-minute address at the meeting. That is useful, but advance notification of the candidates would give members considerably more opportunity to make an informed choice.

This may therefore be another area where CCMS could consider adopting a clear election procedure for future AGMs.

For example, the procedure could require the Secretary to circulate the final list of valid nominations to all members promptly after nominations close.

What do members think? Should candidates for committee positions be identified to the membership before the AGM, and if so, how far in advance?