The next OPSSU GMM takes place in November, which means all proposed amendments to our union’s constitution and policies must be submitted to the Constitution Committee by lat October.
With that in mind, the Constitution Committee has put together information as a starting point for members considering amendments to either the OPSSU constitution or policies.
Frequently Asked Questions
Do proposed amendments need whereases and be-it-resolveds?
These features are commonly referred to as “preambles”, and can help in explaining the reason for the proposed amendment. They are by no means mandatory.
An individual, “moving”, a proposed amendment has the first right to speak, often referred to as, “motivating”, where they can explain the reasons for, or elaborate on the necessity of the change.
While there is certainly no barrier to a lengthy preamble, it is often helpful to focus on the proposed amendment itself. The amendment will be what makes it into the Constitution and/or policies. It is the mechanics of the amendment that must be considered to ensure it can be read harmoniously with the Constitution, and avoid any potential conflict with other sections.
Does a proposed amendment need a mover and seconder? If so, are they required to speak publicly about the proposed amendment?
Yes, it is a mandatory requirement of both Constitutional Amendments and Amendments to Policies and Procedures to have a mover and seconder. One little known fact is a seconder does not even need to be necessarily in agreement with the proposed amendment, merely that they wish to ensure there is an opportunity to have the membership address the subject matter.
The mover of a motion has the first right to speak, but does not have to if they are of the view there is sufficient information on its face for the membership to debate the subject matter.
What is the bare minimum information needed to propose an amendment?
The necessary components of an amendment are: a mover, a seconder, and the exact text to be considered by the membership.
I know what I’d like to accomplish but don’t have experience crafting a proposed amendment – where can I get advice/guidance?
It can be daunting raising a proposed amendment for the first or fiftieth time. If you have a question about how to translate your ideas into a proposed amendment, feel free to reach out to constitution@opssu.ca and we can connect further.
Once proposals are received, the Constitution Committee can reach out to proponents to clarify the proposed amendments.
Making amendments seems complicated, how do I know that I have included enough information?
The OPSSU Constitution and Policies is a document that continues to evolve. There are moving parts in one section that impact on others, e.g. changing the duties of one group of officers might have implications for elections. When amending one section it’s worth seeing how it interacts with related concepts, to determine that the amendment can be read harmoniously with other sections. If you have a question in advance, you can reach out to the Constitution Committee at constitution@opssu.ca, or they can seek clarification of proposals that they have received.
Basic info on amending the SSU constitution and policies
The starting points for amending the constitution or policies are Articles 18 and 19 of the Constitution (both of which are reproduced below).
Amending the constitution
To amend the Constitution we start with Article 18.
The Constitution governs the role of OPSSU, the duties of its members, election processes for offices, the responsibilities of various offices and standing committees, and how OPSSU conducts itself in the course of bargaining a Collective Agreement (and plenty of other subjects too).
A “proposed amendment” must be sent to the Constitution Committee a minimum of thirty (30) days prior to the GMM (or special meeting) where it is to be considered.
A proposed amendment must be in writing and describe the exact language it is seeking to amend, delete, or New [add to the Constitution].
The Constitution Committee cannot draft or amend proposals based on suggestions from SSU members. Members must outline the precise language they want amended, and if an existing Article is being amended it is good practice to mark new additions or show deletions to ensure that readers can understand the proposed amendment and vote in an informed way. This ensures that the proposing member’s voice, ideas, and intentions for the amendment can be expressed directly by them.
Any language that only gives a general direction of how the Constitution is to be amended doesn’t comply with that mandatory requirement under 18.2(2).
A member advancing an amendment also has the first right to speak to the amendment, to “motivate” the floor, in order to advance their proposal.
For a constitutional amendment to take effect, a two-thirds majority of those in attendance and voting is necessary to adopt the amendment at the meeting where it is being considered.
Policy Amendments
The back half of what conventionally gets referred to as the Constitution is the “Policies and Procedures Manual”. Article 19 contains the following definitions:
Procedures are defined as those that are necessary for the conduct of negotiations and the handling of grievance matters. Policies are decisions approved or confirmed by the membership at a General Membership Meeting.
What is included in this section are:
- Grievance procedures;
- Terms of reference for standing committees; and
- General / Miscellaneous Policy Decisions
Policy amendments have similar rules. The same timeline of thirty (30) days applies, and proposals must contain the exact proposed language. However, policies can be amended on a lower voting threshold of a simple majority of those in attendance and voting.
Article 18 – Amendments to the Constitution
18.1 The Constitution may be amended at a special meeting held in accordance with Article 15.03 of the Constitution or at a regular General Membership Meeting of the Union.
18.2 The Constitution shall be amended in the following manner:
- Proposed amendments shall be referred to the Constitution Committee no later than thirty (30) days prior to the meeting at which they are to be considered. The Constitution Committee shall consider the proposals, discuss and / or clarify them with the proponents as necessary or advisable, and include in the Constitution Committee report those motions proceeding to a membership meeting. The report shall be forwarded to the OPSSU Secretary for distribution.
- The proposed amendments shall be in writing describing the exact language proposed with rationale and, where possible, substantiating documentation, and shall be signed by the mover and seconder.
- The Secretary shall publicize the Constitution Committee report to the membership no later than (10) days prior to the meeting at which the proposed amendments are to be considered.
- Members seeking to amend a motion from the floor shall fill out a form in writing clearly identifying their proposed change to the motion that is before the membership meeting and promptly deliver it to the Chair of the Constitution Committee. The Chair of the Constitution Committee shall keep the original form and provide a copy to the Secretary for the purposes of keeping minutes.
18.3 Adoption of amendments to the Constitution shall be at a regular General Membership Meeting at which a quorum shall be in attendance and shall require a two-thirds majority of those in attendance and voting to be adopted.
Article 19 – Amendments to the Policies and Procedures
19.1 Procedures are defined as those that are necessary for the conduct of negotiations and the handling of grievance matters. Policies are decisions approved or confirmed by the membership at a General Membership Meeting.
19. 2 The policies and procedures may be amended at a meeting held in accordance with Article 15.03 of the Constitution or at a regular General Membership Meeting of the Union.
19.3 The policies and procedures shall be amended in the following manner:
- Proposed amendments shall be presented as a notice of motion to the OPSSU Secretary no later than thirty (30) days prior to the meeting at which they are to be considered.
- They shall be in writing describing the exact language proposed with rationale and, where possible, substantiating documentation, and shall be signed by the mover and seconder.
- The Secretary shall publicize notices of motion to the membership no later than ten (10) days prior to the meeting at which they are to be considered.
- A proposed amendment or Notice of motion, which proves untimely for a specific meeting may be considered at that meeting if approved by a two-thirds (2/3) majority of those present.
19.4 Adoption of amendments to the policies and procedures shall be at a regular General Membership Meeting at which a quorum shall be in attendance and shall require a simple majority (50% plus 1) of those in attendance and voting to be adopted.