[committee] Interpretation of constitution items 20.3 and 21.2

[Tom Almeida]

Dear all,

I have been informed that the president of the club (Felix von Perger) has
informed some members that at a general meeting (such as the SGM that we
are having on Thursday), only 50% of the vote is required to:

   - Remove a member of Committee, member of any sub-committee, officer,
   delegate or representative of the club from their role.
   - Remove the membership of a club member.

I am able to say that that the committee has decided that this
interpretation of the constitution is incorrect.

Section 18.11(2) states: "Except where stated otherwise in the
constitution, a motion shall be passed if the majority of those present and
eligible to vote cast their vote in favour of the motion". This clearly
states that a 50% vote is required unless otherwise stated in the
constitution.
Section 20.3 states with regards to the removal from office: "Any such
request to resign shall require such a motion which will only be passed if
a two-thirds majority of those voting have cast in favour of the motion."
As such, it clearly falls under the requirement of having stated elsewhere
in the constitution that a two-thirds majority is required for the vote.

Section 21.2 states with regards to the removal of membership: "A
two-thirds majority of a committee meeting may cancel a membership by
passing a motion to that effect". The potential issue with this statement
with regards to a general meeting lies with the "of a committee meeting".
Section 18.5 states: "A general meeting may exercise the same powers as the
Committee except for powers exclusively reserved for the Committee under
this Constitution". As the wording of 21.2 does not reserve the right of
membership removal exclusively to committee (for an example of this, refer
to Section 26), it is safe to assume that a general meeting may cancel a
membership, but only by a two-thirds majority.

TL;DR
To remove a member of committee from their role or to remove the membership
of a club member, a two-third majority is required, even in a general
meeting.

I hope this clears everything up.

Kind regards,
Tom Almeida [THA]
UCC Treasurer
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