Muskoka & District Chefs Association

THE MUSKOKA & DISTRICT CHEFS’ ASSOCIATION

CONSTITUTION AND BY-LAWS

Table of Contents

1.0            CONSTITUTION

2.0            CODE OF ETHICS

3.0            MEMBERSHIP

4.0            CONDUCT

5.0            LOCAL & FEDERATION MEMBERSHIP

6.0            NATIONAL JUNIOR MEMBER

7.0            MEETINGS

8.0            BI-ANNUAL ELECTION MEETING

9.0            THE ELECTION OF OFFICERS AND DIRECTORS

10.0            THE BOARD OF DIRECTORS           

11.0            CHAIRPERSON OF THE BOARD

12.0            PRESIDENT

13.0            VICE PRESIDENT

14.0            SECRETARY

15.0            TREASURER

16.0            COMMITTEE CHAIRPERSON

17.0            AWARDS

18.0            ALTERATION OF BY-LAWS

19.0            OWNERSHIP – FUNDS AND BORROWING POWERS

20.0            DISBURSEMENT OF FUNDS

20.1            SPENDING LIMIT

21.0            PROXY VOTE

22.0            PARLIAMENTARY AUTHORITY

23.0            INTERPRETATIONS

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1.0            CONSTITUTION

The name of the society is:

The Muskoka & District Chefs’ Association (a chapter of The Canadian Culinary Federation)

The objectives of the association are:

The advancement of the general interest of culinarians.

To further interest in the professional preparation and service of food.

To stimulate and support young culinarians.

To fundraise for the local community and general membership.

2.0            CODE OF ETHICS

I hereby embrace this code of Ethics as laid down by the Canadian Culinary Federation and certify that I:

Shall abide by the constitution of this association and generally uphold the dignity of our profession before personal advantage.

Shall not use unfair means to gain professional advancement or to injure the chance of another colleague to secure or hold employment.

Shall at all times conduct myself so as not to bring discredit to or dishonour upon the Canadian Culinary Federation

3.0            MEMBERSHIP

Chef Membership

Military Chef Membership

Junior Chef Membership

Associate Membership

Cost ~ Please refer to the MDCA website for current costs

Application for Membership shall be made to the MDCA Board and shall require a two-thirds (2/3) majority vote of the directors to recommend an applicant for membership.

There shall be no discrimination against colour, creed or sex.

It shall require a two-thirds (2/3) majority of votes of the Board of Directors at any meeting to suspend temporarily or permanently any member.

Honorary Membership may be conferred by majority vote of the Membership at any General Meeting and such members shall pay no entrance fees, dues, and shall have no vote.

Life Membership may be conferred by majority vote at the CCFCC Annual General Meeting on any member of the Association and according to Federation by-laws. Such membership to carry voting privileges and shall pay no dues.

Associate Membership is not eligible to vote on matters pertaining to the running of the branch.

Junior Membership shall have a vote on all matters of the Association at a ratio of twenty to one (20:1).

4.0            CONDUCT

Any member whose conduct is deemed in any respect to be derogatory to the character prejudicial to the interest of the Association or who disobeyed the tenets of any code of ethics to which this Association has subscribed may be suspended from membership in the Association and may be removed from membership for a minimum of sixty (60) days on recommendation of the officers and the Board of Directors.

The membership at a general meeting may vary or rescind the decision by a three-fourths (3/4) majority vote after the minimum suspension is satisfied.

Dress code for all meetings unless otherwise stated is business casual.

5.0            LOCAL & FEDERATION MEMBERSHIP

The Muskoka & District Chefs Association is a Charter Member of the Canadian Culinary Federation Culinaire Canadienne, CCFCC.

The payment of dues is the responsibility of the individual member to the branch treasurer.

The invoicing of dues shall be the responsibility of the Treasurer.

All Federation dues must be forwarded by the MDCA treasurer to and received by the National Office by February 28th of the new membership year in order fro the branch to have any votes at the A.G.M. of the CCFCC

Applicants shall be deemed eligible for national Membership if they hold a valid Certificate of Qualification for the Trade of Cook (a TQ5 trained with the Canadian Armed Forces 1985) or similar Certification from any Province or Territory where applicable, or an equivalent Certificate from any member country of W.A.C.S.

Applicants shall also be considered for membership if they do not meet the above criteria. They must be currently working for a documented minimum period of eight (8) years in the Trade of Cook or as a Pastry Chef/Cook or as an Instructor at an accredited College, Foodservices or Hospitality Institution

There shall be an initiation fee to be paid by each National Active Member joining the Federation. There shall also be per capita dues per year per member payable in full one year in advance, by each Branch, on or before December 31st.

These amounts to be determined from time to time at an annual General Meeting of the Federation, with the approval of two-thirds of the registered eligible votes.

Any new application for CCF National Membership, signed and dated for approval by a Branch on or after July 1 of any fiscal year, shall be accompanied by a payment not less than half the annual regular fee, plus applicable initiation fees and Tax.

6.0            NATIONAL JUNIOR MEMBER

Any individual who is currently engaged in or having completed a Professional cook training program or any individual who is employed actively in the food preparation industry or is a student in: a cook training program.

Upon attaining Trade Qualification or TQ5, National Junior Membership shall be limited to the balance of the C.C.F. fiscal year in which certification was attained, plus two full C.C.F. fiscal years (January 1 - December 31).

National Junior Members have voting rights at a ratio of 20:1 and may hold office at the Junior Branch level.

From time to time, the per capita dues per year for National Junior Membership shall be reviewed at the Annual General Meeting. Initiation fees shall be waived until application is made to the National Active Membership category. Any change will require the approval of two-thirds of the registered eligible votes.

7.0            MEETINGS

General meetings will be held on the second Monday of each month excluding the months of July and August, or an alternate Monday of the month if the second Monday is a holiday.

A special meeting may be called by the Chairperson of the Board at his/her own discretion and shall be called by him/her when required for the purpose of the Association. No business except such as specified in the notice shall be transacted at any special meeting, seven (7) days notice shall be required for a special meeting.

All meetings except when stated will start the specified time

At a meeting of the Association, twelve (12) members shall constitute a quorum. This only applies to Chef Members, Junior Members, Life time Members

All members and guests shall sign the membership book. (Pay $10.00 Admission to register)

Members are required to sign in guests for the meeting.

8.0            BI-ANNUAL ELECTION MEETING

The Treasurer’s Report shall be placed before all members present. This report must be approved by the membership before the election of new officers.

The President shall bring forward any business pertaining to the Meeting.

The President will appoint an election committee.

The President may give a closing report.

The President will turn over the Chair of the meeting to the Chairman of the Election Committee.

Elections will be held every two years at the April meeting location.

9.0            THE ELECTION OF OFFICERS AND DIRECTORS

The Chairman of the election committee shall be given an up-to-date listing of all members eligible to vote. He/she shall read off the names to determine the number of votes to be accepted.

The Chairperson shall receive all written proxy votes and indicate to the Membership which member will be casting such vote.

The Chairman shall receive from the Chairperson of the Nominating Committee a written list of members so nominated for positions as officers and directors.

Each position of office shall be voted upon separately starting with President, Vice President, Secretary and Treasurer.

The Chairperson should ask for nominations from the floor for each position of office at the time of voting for each position.

Persons nominated from the floor must be qualified as to the requirement for office and must be present at the meeting.

All members shall have the right to refuse nominations to office

After a full slate of officers has been duly elected, the election committee shall place before the Membership, the Election Committee’s list of Directors. The Chairperson shall accept nominations from the floor

The Chairperson of the Election Committee shall give the newly elected Secretary a signed written list of all Officers and Directors to be entered into the minutes of the Meeting.

The Chairperson shall then hand the chair back to the newly elected President.

10.0            THE BOARD OF DIRECTORS

The Board of Directors shall consist of:

Chairman of the Board

President

Vice President

Secretary

Treasurer

Education Chair - appointed

Communications - appointed

Junior Board Liaison - appointed

No member shall take office unless able to take and fulfill all responsibilities, barring unforeseen circumstances.

No member shall be eligible for office that is in arrears of their dues or in any manner peculiarly indebted to the Association or Federation.

No Honourary Member, Junior Member or Associate Member may be elected to any position on the Board of Directors.

The position of Chairperson of the Board shall be the immediate Past President without vote by the membership. If this position is declined by the out-going President this position will then be voted upon at the Election Meeting. In the event that the President is unable to hold such position, it may be filled only by a past President, Vice President, so long as the aforementioned qualifications are met.

The President shall appoint an Election Committee sixty (60) days prior to the Election Meeting to canvass the membership with a view to securing a full slate to placed in nomination at the Annual General Meeting.

The Association will retain the power of vacating the office of any member of the Board of Directors. Good cause shown on an affirmative vote of not less for than six (6) of the Executive Board at a Special Meeting called for that purpose.

Vacancies in any of the elected offices occurring before the next General Election shall be elected at the next General Meeting and serve until the next General Election. The President shall call upon the Chairperson of the board to conduct such an election and he/she will follow the procedures aforementioned in Election Procedures.

The Board of Directors shall have full power to act in all matters pertaining to the management of the Association, in strict compliance with the Constitution and By-Laws and shall prescribe such rules and regulations consistent with the same, regulate the affairs of the Association and conduct of its members.

Any and all acts of the Board of Directors, with the exception of those concerning routine business of the Association, may be rescinded at the next Annual General Meeting following such action and it shall require a two-thirds (2/3) vote of the members present at such meeting to annul, alter or vary any action taken by the Board of Directors.

Any and all acts of the Board of Directors not rescinded at the next general meeting following such actions, shall stand approved permanently.

11.0            CHAIRPERSON OF THE BOARD

The past President shall be the Chairman of the Board. The Chairman of the Board shall:

Advise, assist, and direct the incoming slate of officers during meetings, as necessary.

Conduct all Board of Directors meetings.

Take the chair at any general meeting in order to elect a new member to the Board of Directors and run such an election as set out in the fore mentioned pages.

Call any special meetings as required.

In the absence of the President, Vice President presides at general meetings.

12.0            PRESIDENT

The President shall preside at all meetings of the Association. The President shall appoint all Committee Chairs of the Association, unless otherwise ordered by the Association.

The President shall be an ex-officio member of all Association committees, except the Nominations/Elections Committee.

The President shall have the casting vote in the event of a tie on any question before the Board of Directors or in meetings of the Association and shall sign all warrants upon the National Treasurer and in general have a supervising power over the affairs of the Association to see that its rules and regulations are enforced.

13.0            VICE PRESIDENT

In the absence of the President, the Vice President shall preside at all meetings of the Association and at such meetings shall have the same power as the President.

The Vice President is responsible for meeting locations, date & educational guest speakers.

Responsible for locating and booking venues as far in advance as possible. (minimum two months in advance) and will maintain contact with Host Chef to relay requirements for guest speakers & special requirements for that meeting.

Responsible for finding Venues for the Annual Fund raising Golf Tournament, collection of bids for this event and presenting these to the Board for final selection.

Responsible for finding Venues for the other Fund raising Venues, collection of bids for these events and presenting these to the Board for final selection.

Responsible for contacting Junior Board in regards to these Fund raising events and supporting the Junior Board in their Fund raising efforts.

Responsible for contact with Secretary, Webmaster and Newsletter Editor for the purpose of conveying as much information as possible.

14.0            SECRETARY

The Secretary shall keep accurate minutes of all the proceedings of the Association and of the Board of Directors in a fair and impartial manner.

Meeting minutes are to electronically recorded, dated and stored.

The secretary is responsible for receiving all incoming mail for the association and re directing it to the appropriate board member. The Secretary shall endorse and file all papers and documents pertaining to the transactions of the Association, issue, sign or attest when required by the Association or its By-laws, all drafts and other official documents.

In the absence of both the President and Vice-President from a meeting, the Secretary shall bring the meeting to order and a temporary Chair shall be appointed for the meeting.

If unable to attend a meeting, arrangements must be made for an alternate to take the required notes and recording of the proceedings. From these notes submit minutes as required.

The Secretary shall record all By-law amendments, approved by the Association and shall update the existing By-laws. The Secretary shall have the authority to renumber the By-laws as required.

Upon completion of service the out going secretary will hand over all association documents and files in good order to the newly elected secretary.

15.0            TREASURER

It shall be the duty of the Treasurer to receive all monies belonging to the Association and Federation and to disburse the same under the direction of the Board of Directors by cheque or order co-signed by the President.

The Treasurer shall hold in trust all securities, investments, and other property, as well as the funds belonging to the Association and shall transfer, exchange or deposit the same or any part thereof when required by the Association to do so.

The Treasurer shall keep a full and correct account of all monies received, expended and/or invested.

At each general meeting, the Treasurer shall produce the bank book, together with a full report in writing of all the receipts and disbursements, with a detailed statement of the funds, and the investments belonging to the Association.

Further, the Treasurer shall supply the same to the, Board of Directors whenever required by them to do so.

16.0            COMMITTEE CHAIRPERSON

All committees shall be subject to the exercise of the supervising power of the President.

The Committee Chairperson shall present reports at all general meetings.

17.0            AWARDS

Chef of the Year

The qualifications required to be nominated for the Chef of the Year Award:

The Chef must be actively involved in the Association.

Must have his/her Certificate of Qualification or equivalent as accepted by the Federation.

Must hold a position of Executive Chef, Instructor or any other documented kitchen management position.

Must have been an Association member in good standing for a minimum of two (2) years.

Must be a mentor in some capacity to a Culinarian.

The recipient will be decided by a “Chef” membership vote one month before the golf tournament.

Associate of the Year

Must be an actively involved member of the Association and will be a member in good standing for not less than two (2) years.

The recipient will be decided by a full membership vote held on the day of the golf tournament.

The Chef of the Year and the Associate of the Year Award nominees shall be selected by a committee which will be appointed by the President sixty (60) days prior to the Annual Golf Tournament.

No person shall be deemed qualified to be nominated if they are in arrears with the Association.

No person or associate may win the award consecutively.

All nominations must be in writing with the reasons and handed in to the committee no later than forty-five (45) days prior to the date of the tournament.

The Chef of the Year Award is to be purchased by the association.

The Associate of the Year Award is to be purchased by the Association.

The awards are to be presented at the Annual Golf Tournament.

Bernie Meier Bursary

The “Bernie Meier Bursary” which was set up in memory of Teacher, Master Baker and Pastry Chef Extraordinaire Bernie Meier, to honour top culinary students with exceptional skills and marks.

The recipient of the bursary is to be decided by the board of directors.

The qualifications required to be nominated:

Must be a junior member of the MDCA

Must submit a current resume and cover letter applying for the award.

Must be actively involved in the association

The Thomas Hay Award –

18.0            ALTERATION OF BY-LAWS

No alteration of these by-laws or additions shall be effected except at a General Meeting of the Association or a special meeting convened for that purpose and not until the proposed change has been posted for at least thirty (30) days previous to being acted upon by resolution and required majority for passing thereof shall be of members present at the said meeting.

19.0            OWNERSHIP – FUNDS AND BORROWING POWERS

The ownership and legal title of all assets of the Association both real and personal shall vest in the Association for the benefits and enjoyment of the members thereof.

The funds and property of the Association shall not be devoted to any purpose other that the uses of the Association as set forth in the Constitution and By-Laws.

The funds of the Association maybe invested from time to time by the Board of Directors at their discretion or as directed by the Association, but no part thereof shall be divided among the members, provided, however as follows:

In case of surrender of forfeiture of the Association’s Charter or of the winding up of the Association, all assets of the Association of whatever nature or kind shall be divided into equal shares among all members in good standing, at such time.

The borrowing powers of the Association shall be pursuant to the Societies Act, but subject to the by-laws.

20.0            DISBURSEMENT OF FUNDS

The Association will cover all costs associated with the presentation to the Regional and National Conventions of the Federation. A budget shall be proposed to the membership prior to the booking of the conference for approval

There shall be no vote needed to select such officers, rather it shall be in order of office as stated in The Board of Directors section.

The Association will reimburse all members for which costs were incurred while conducting Association business as directed and approved by the Board of Directors.

20.1            SPENDING LIMIT

No said board member may purchase anything over the amount of 500$ for any reason including business of the association without a vote of 2/3 at any general meeting

21.0            PROXY VOTE

On the election of the officers and amendments to the Constitution and or By-laws of the Association, members may vote by proxy. A proxy vote is not restrictive and can be cast on any matter to be voted on.

A proxy vote is valid only at the meeting in respect of which it is given or any adjournment thereof.

The proxy must be in writing and the proxy may only be used by a member entitled to vote.

All proxies must be registered with the Secretary and must be handed to the person in the chair prior to any election or amendments being put on the floor.

22.0            PARLIAMENTARY AUTHORITY

The rules contained in “21st Century Robert’s Rules of Order - © 1995" shall govern the Federation in all cases to which they are applicable and in which they are not inconsistent with the Association’s or the C.C.F.’s bylaws, standing rules or rules of order.

23.0            INTERPRETATIONS

 All questions arising as to the construction of these By-laws shall be in the final decision of the Board of Directors unless rescinded by the Association at a general meeting or a special meeting convened for that purpose.

Wherever the word “association” is used is in these by-laws, it shall mean the Muskoka and District Chefs Association.

Wherever the words “member” or “members” are used in these bylaws, it shall mean this Association

Wherever the word “federation” is used in these by-laws, shall mean the Canadian Culinary Federation Culinaire Canadienne.

All previous Association bylaws, prior to May 2011 are rescinded.

These Bylaws shall replace any and all previous documents