CONSTITUTION

 

Daily Publications Society

SociŽtŽ des Publications du Daily

 

Amendments passed by student referendum

March 11-13 1997

March 8, and 11-13 2002

 

Additional Amendments passed at

Annual General Meeting

December 6 1997 4-6 PM Shatner Bldg.  Room B09

April 9 2002 5-6:30 PM Shatner Bldg. Room B09

April 10, 2003 5-6:30 PM Shatner Bldg. Room B09

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DAILY PUBLICATIONS SOCIETY

 

                           SOCIƒTƒ DES PUBLICATIONS DU DAILY

 

CONSTITUTION

 

OCTOBER 5 1981

 

 

Updated                           November      8,      1985

Updated                           August         15,              1986

Updated                           December      17,     1987

 

  

Revised and amended March                    1997

Additional amendments        December               1997

Amendments                     April                     2002

Revised                           January                  2004

        

Bylaws Updated                 October                  1994

Bylaws Updated                 April                     1997

Bylaws Updated                 March                    2000

Bylaws Updated                 February                2002

Bylaws Updated                 January                  2004

 

       

3480 McTavish,

Montreal, Quebec H3A 1X9

 

1             NAME                                                                                                                      

 

               The Publisher shall be known as the "Daily Publications Society" (hereinafter called the DPS) or SociŽtŽ des Publications du Daily (SPD). The company is a not for profit corporation constituted by Letters Patent under the Canada Corporations Act.

 

2             OBJECTS

 

2.1           To publish two student newspapers at McGill University: The McGill Daily in English and Le DŽlit in French (both hereinafter called The Daily).

               To publish, upon approval by the Board of Directors, any other publications that require additional funding or that may benefit the members of the DPS, as described in the Statement of Principles (SOP).

 

2.2           To oversee and operate such services and departments as may be necessary for the operation of the DPSÕs publications.

 

2.3           To adhere to its own Statement of Principles and Code of Ethics described in the attached Bylaws.

 

3             MEMBERSHIP

 

3.1           All students registered at McGill University shall be members of the DPS except the following:

 

3.1.1        Students governed by the constitution of the Macdonald College Students' Society, unless and until they choose to join the DPS and take the appropriate measures to do so.

 

3.1.2        Graduate Students who are non-resident students or who are full-time members of the teaching staff, unless and until they choose to join and take the appropriate measures to do so.

 

3.1.3        Students registered only in the Center for Continuing Education, unless and until they choose to join the DPS and take the appropriate measures to do so.

 

3.2           Nobody can be a member of the DPS who is not a student of McGill University. Once an individual is no longer a student of McGill University her/his membership in the DPS is automatically withdrawn.

 

3.3           No student member may act as a Director, Chairperson, Vice-chairperson, Treasurer or Secretary while s/he is under suspension of University privileges.

 

3.4           A member of the DPS has the right:

               To become a Board member;

               To introduce potential modifications to the DPS Constitution at an Annual General Meeting (AGM, described below);

               To vote at an AGM;

               To become a contributor, subject to the criteria below;

               To become a staff member, subject to the criteria below;

               To become an editor, subject to the criteria below;

               To receive notice of and attend meetings; and

               To vote at duly constituted meetings on various company matters;

               To attend and vote on matters presented at a Special General Meeting (SGM, described below);

               To vote at a campus wide referendum.

 

4             STAFF OF THE McGILL DAILY

 

4.1           Anyone may become a contributor to The Daily.

 

4.2           To become a voting member of the staff of The Daily the applicant must be a member in good standing of the DPS and meet the requirements set out in The DailyÕs Policy and Procedure Manual.

 

4.3           The voting staff and/or Editorial board of The McGill Daily are the sole and final authorities over the written material, photography, and advertising content proposed by advertisers, for publication in The McGill Daily. The voting staff and/or Editorial board of Le DŽlit are the sole and final authorities over the written material, photography and advertising content proposed by advertisers for publication in Le DŽlit. The voting staff and/or Editorial board have final authority over the selection and dismissal of editorial personnel.

 

5             ETHICS

 

5.1           The contributors and voting staff should be fair and accurate in their reports, and must equip themselves with facts to support published statements. They must realize their personal responsibility for everything submitted for publication. They must not falsify information or documents, nor distort or misrepresent the facts.

 

5.2           The contributors and voting staff must respect all confidences regarding sources of information and private documents unless this interferes with the freedom of the press or the need to inform readers on vital matters.

 

5.3           The editors and voting staff must be familiar with the laws of libel and contempt of court in Canada and Quebec, and must observe the laws of international copyright.

 

5.4           The editors must rectify errors, in print, at the first available opportunity.

 

5.5           The editors and voting staff should fully realize their collective responsibility

                for everything published.                                                                                      

                                                                                                                                               

5.6           Racial, sexual, and socioeconomic bias or prejudice has no place in the editorial policy or content of the newspaper.

 

5.7           Members of The Daily voting staff, defined in Bylaw 1, who are given authority to edit submissions to the newspaper shall exercise that authority to ensure that submissions are in accordance with this code of ethics and Statement of Principles.

 

5.8           Wherever there is a lacuna in this code of ethics, the Canadian University Press (CUP) code of ethics will apply.

 

6             ANNUAL GENERAL MEETING (AGM)

 

6.1           Each year at a time and place to be determined by the Board of Directors hereinafter described; the membership of the DPS shall be convened to the AGM of the DPS. This meeting must be scheduled between September and April of each year. Every attempt will be made to schedule this meeting on the McGill Campus at a location that is accessible to the members of the DPS

 

6.1.2        Notice of the AGM will be published in The Daily.

 

6.2           Objectives of the AGM

 

6.2.1        To receive a report on the general state and significant policy directions of the DPS;

               To receive and approve the financial statements of the company;

               To appoint the auditors of the company;

               To elect a new Board of Directors from those candidates duly nominated and presented;

               To give members of the DPS a forum within which to discuss the company;

               To give members of the DPS an opportunity to direct questions and make suggestions.

 

7             SPECIAL GENERAL MEETING (SGM)

 

7.1           A SGM will be called by the Board of Directors when it decides to present a question to members of the DPS that cannot, for any reason, be accommodated at the AGM. SGMs must be scheduled during the school year (from September to April).

 

7.1.2        Notice of the SGM must be published in The Daily.

 

7.2           Objectives of the SGM

 

7.2.1        To poll the membership for their opinions on various matters concerning the company;

 

               To present questions to the membership, which require that a vote be taken.

                                                                                                                                               

8             BOARD OF DIRECTORS

 

8.1           The governing body of the DPS shall consist of the Board of Directors, which shall endeavour to meet one (1) time per month during the publishing year.

 

8.2           Composition of the Board of Directors:

 

8.2.1        Six (6) student representatives elected directly by the members of the DPS at the AGM;

 

8.2.2        Two (2) Daily representatives elected from the voting staff of The McGill Daily.

               One (1) Le DŽlit representative elected from the voting staff of Le DŽlit.

               These representatives are elected by the voting staff of The McGill Daily and Le DŽlit.

 

8.2.3        The General Manager (non-voting member)

 

8.2.4        The majority of the Directors must be Canadian citizens or permanent residents.

 

8.3           The Board is free to consult with and invite professionals to board meetings. Professionals would include, but not be limited to, those with print media experience, lawyers, accountants, finance or investment counselors.

              

8.4           Powers and Duties

 

8.4.1.       The six (6) elected student Directors of the Board shall be responsible for bringing matters of concern from the DPS membership to duly constituted meetings.

 

8.4.2        The Board of Directors shall have general jurisdiction and final authority over the legal and financial affairs of the DPS, and such other matters imposed by law. "Financial affairs" include but are not limited to: the budget, revenue, expenses and capital expenditures of the DPS and all of its publications, and the circulation, frequency and number of pages published annually by its publications.

 

8.4.3        The Board of Directors of the DPS may, for the purpose of securing bonds, debentures, or debentures stock, which it is by law entitled to issue, hypothecate, mortgage, or pledge any property, moveable or immovable, present or future, which it may own.

 

8.4.4        Only the Board of Directors, or its authorized delegate can bind the DPS to any legal obligation.

 

8.4.5        The Board of Directors shall have general jurisdiction and final authority over employee policy and over the hiring and firing of all salaried or paid personnel who are not elected under the provisions of the DPS Bylaw 1 governing editors of The McGill Daily and Le DŽlit.

 

8.4.6        The Board of Directors may appoint committees, provided that no committee shall have final authority over any matter properly within the jurisdiction of the Board. Members of such committees shall be appointed for such terms as the Board of Directors may determine.

 

8.4.7        The Board of Directors must appoint from among its members a Chairperson and a Secretary. A Vice-chairperson, Treasurer, and any other officers may also be appointed.

              

8.4.8        The Fiscal Manager or whomever the Board of Directors appoints, shall be custodian of the seal of the corporation.

 

8.4.9        Contracts, documents, cheques or any instructions in writing requiring the signature of the DPS shall be signed by signing officers designated by the Board of Directors from its members. The seal of the DPS, when required may be affixed to contracts, documents and instruments in writing. The Board of Directors may allow any registered dealer in securities to deal with any stocks, bonds, and other securities of the DPS.

 

8.4.10      Directors shall not receive any stated remuneration for their services, but by resolution of the Board of Directors, expenses for special meetings of the Board of Directors may be paid by the DPS. The Directors shall serve without remuneration and no Director shall receive any profit from their position. Directors may be paid reasonable expenses incurred in the performance of their duties. Upon approval of the Board of Directors, a Director whose professional services may be required may act and be paid the usual professional costs for professional services rendered in connection with the administration of the affairs of the corporation.

 

8.4.11      The Chairperson shall chair all meetings of the Board of Directors.

 

8.5           Indemnification of Directors

 

8.5.1        The society will indemnify members of the Board of Directors for all legal expenses incurred in the event that said members are sued for libel and defamation.

 

9             BOARD OF DIRECTORS MEETINGS

 

9.1           The Board of Directors may establish and amend rules and regulations governing its own meetings and procedures for the transaction of business properly before it.

 

9.2           Motions are adopted by a simple majority vote unless the law requires otherwise.

 

9.3           The approval of certain motions at a regular meeting of the Board of Directors shall require 2/3 of the entire Board. These shall include:

 

[a]            Matters pertaining to the Chief Returning Officer (CRO, described below), and Judicial Board;

 

[b]           Passage by the Board of Directors of proposed amendments to the Constitution and Bylaws of the DPS;

 

[c]            Matters pertaining to the employees of the DPS;

 

[d]            Questions regarding changes to the fee structure of the DPS.

              

9.4           Five (5)-voting members of the Board of Directors, including one (1) representative of the staff of The Daily or Le DŽlit shall constitute quorum for a regular meeting of the Board.

              

10            CHIEF RETURNING OFFICER (CRO)

 

10.1         The DPS shall have a CRO. He/she shall be chosen by the Board of Directors. The CRO is responsible for overseeing any election or vote at an AGM, and any poll or vote at a SGM. The CRO will also be responsible for running any fee increase referendum.

 

               The Board of Directors may request that the CRO of the StudentsÕ Society of McGill University (SSMU) act on its behalf.

 

10.2        The DPS shall also have Deputy Returning Officers (DROs) to assist the CRO, where necessary. The DROs will be chosen by the Board of Directors.

 

               The Board of Directors may request that the DROs of the SSMU act on its behalf.

 

10.3         The CRO for the following year will be chosen not later than at the last meeting of the Board of Directors for the publishing and financial year.

 

10.4         The CRO will be responsible for the running of elections of Board members and any other voting procedures for the DPS. This shall include, but not be limited to drawing up nomination forms, preparation of ballots and ballot boxes, counting of ballots and advertising elections, special votes and their procedures. This position will be remunerated.

 

11            ELECTION OF DIRECTORS TO THE BOARD

 

11.1         Members of the Board of Directors serve for a one year term. They may seek reelection at the AGM. A Director holds office until he/she resigns or until a new Director is elected.

 

11.2         Nominations will open fifteen (15) days before the AGM and will be announced in The Daily and another campus-wide publication, one (1) week before and during the nomination period. Nominations will close ten (10) days later.

 

11.3         Election of Student Representatives to the Board

 

11.3.1      The members of the DPS shall vote at the AGM  to elect six (6) student representatives to the Board of Directors, the whole pursuant to section six (6) of this constitution and the instructions below.

 

11.3.2      Student representatives take office the first day of May following their election.

 

11.3.3      Election of student representatives to the Board of Directors at the AGM shall be by a method that the CRO deems appropriate and approved by the Board of Directors with the following provisions:

 

11.3.4      Sufficient notice of the AGM and its procedure as well as the procedure for the election of the Board and amendments must be given to all those interested or eligible.

 

11.3.5      Editors and voting staff of The Daily cannot work on the election in any capacity.

 

11.3.6      Nomination forms shall be prepared by the CRO and shall be available at the offices of the DPS and/or other locations approved of by the CRO and the Board. Nominations must include name, faculty, student ID number, and a position statement of not more than one hundred (100) words, in French and/or English.

 

11.3.7      Only members of the DPS may run or place names for nomination.

 

11.3.8      Nomination forms must be accompanied by twenty (20) DPS membersÕ signatures who shall sign the form with name, student ID number and signature.

 

11.3.9      The closing date for receiving nominations shall be announced as part of the notice inviting nominations and shall be at 5:00 P.M., five (5) days prior to the date of the election at the AGM.

 

11.3.10     The CRO shall validate nominations and publicize them five (5) days prior to the election. The election will occur at the AGM. The CRO will publicize the AGM and instructions for voting. The notices will be published in The Daily and another campus-wide publication.                                           

                                                                                                                                                     

11.3.11     The information to be published by the CRO on each nominee shall contain the following: name, faculty, and a short position statement.

 

11.3.12     Persons nominated to be student representatives to the Board must be members of the DPS who are not voting members, voting staff or editors of The Daily, or holders of internal SSMU positions or members of SSMU committees.

 

11.3.13     Nominees must have agreed beforehand in writing to serve if elected.

 

11.3.14     After the closing date for nominations the names of the nominees shall be printed on ballots.

 

11.3.15     Ballot boxes will be placed at the AGM. Ballots will be given to all members before or at the AGM where the vote will occur.

 

11.3.16     The CRO may request that the Board of Directors appoint DROs to assist him/her

 

11.3.17     Candidates may provide two (2) scrutineers.

 

11.3.18     Ballots shall be counted in the presence of scrutineers from the candidates if available, under the supervision of the CRO. The results will be announced and published in the next edition of The Daily.

 

11.3.19     Ballots shall be considered spoiled if they are not marked in accordance the CROÕs instructions.

 

11.3.20     The six (6) nominees with the most votes shall be declared the winners. In case of a tie a recount shall be taken. If the recount upholds the tie, a new vote will be taken.

 

11.4         Any member of the DPS who is not satisfied with the result of the vote may submit a request for a recount to the Chairperson of the DPS. If the request is granted the recount shall take place in the presence of the unsatisfied person, the Chairperson of the DPS and the CRO.

 

12            DISMISSAL OF STUDENT REPRESENTATIVES

 

12.1         Board Member attendance at meetings is mandatory. A Board member elected from the DPS or from the staff who cannot attend a meeting is required to notify the Chairperson and give him/her or another Director a written proxy. No Director may hold more than one proxy. Should a member fail to attend two (2) meetings, without this notification, that member will be replaced at the next meeting. The remaining Board members, by majority vote, including the vote of the chairperson, will replace that Board member for failure to serve and replace that member by appointment.

                                                                                                                                                     

12.2         Any member of the DPS may ask to dismiss a student representative from the Board of Directors, for valid cause, by collecting the name, signature, student number and faculty of at least fifty (50) members of the DPS on a petition calling for the dismissal of the student representative. No more than fifteen (15) of the names may come from students in any one faculty.

 

12.3         The member shall deliver the petition to the CRO, who shall validate the petition.

 

12.4         If the petition is proper, the CRO shall notify the members of the Board of Directors. The petition to dismiss the student representative shall be inscribed on the agenda of the next meeting of the Board.

 

12.5         At a meeting to dismiss a student representative, all student representatives to the Board must be present, except the student representative concerned in the motion to dismiss.

 

12.6         The motion to dismiss a Board member must be proposed and seconded by a Board member following which a simple majority vote will dismiss the student representative from the Board of Directors.

 

12.7         The vacant position may be filled by election or by appointment by the Board.

 

13            VACANCY

 

13.1         In the event of a vacancy occurring in the Board of Directors, the Directors then in office may fill that vacancy from eligible DPS members or may choose to fill the position at the next AGM. Any director appointed or elected in this manner shall hold office for the unexpired term of the absent Director.

 

14            FEES

 

14.1         Upon yearly registration at the university, every member of the DPS shall pay a fee to the DPS in an amount to be determined by the Board of Directors. Requests for a fee increase must be proposed and seconded by a Board member and shall be subject to ratification by a simple majority of the DPS members voting in a campus-wide referendum on that question. Should the DPS change its corporate or legal status, the fees previously collected for the purposes of the DPS shall be transferred without change to the new body which has taken its place.

 

14.2         Regularly registered students, full and part time, are members of the DPS and pay the full fee. That fee is $5.00 per semester or $10.00 per year.

 

14.3         "Additional Session" Graduate Students are members of the DPS pay one half of the full fee.

 

14.4         Graduate Students who are non resident, or who are full time members of teaching staff, who elect to become members of the DPS will pay one half of the full fee.

 

14.5         Students registered at Macdonald College who elect to become members of the DPS will pay one-half of the full fee.

 

14.6         Students registered only in the Center for Continuing Education who elect to become members of the DPS will pay one-half of the full fee.

 

14.6         Upon adoption by the Board of Directors, changes to the fee structure will be submitted to referendum.

 

14.7         The CRO will be responsible for conducting the referendum vote among all members of the DPS. The vote will occur during the third (3rd) week of March. The CRO will put forward the ballot drawn up by the Board of Directors which the CRO will approve. The CRO shall follow procedures specified in the Constitution and Bylaws of the DPS.

 

15            AMENDMENTS  TO THE CONSTITUTION AND BYLAWS

 

15.1         A member of the DPS may request an amendment to the constitution at the AGM, or at any time to a Director of the Board for proposal at any duly constituted meeting of the Board of Directors. Only amendments moved and seconded by Directors of the Board will be submitted to members of the DPS for a vote at the next AGM or SGM called for that purpose.

 

15.2         The proposed amendment shall be passed by a simple majority of the DPS members voting at an AGM or SGM.