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THE GENERAL ASSEMBLY
OF THE CZECH

CHAMBER OF ARCHITECTS

 

 

In accordance with Section 23 subs. 6 of Act no. 360/1992 Coll., on the Professional Practice of Certified Architects and on the Professional Practice of Certified Engineers and Technicians Active in Construction, as amended by Acts nos. 264/1993 Coll., 275/1994 Coll. and 224/2003 Coll. (hereinafter referred to as the ”Act”) and implementing some provisions of said Act, which defines the competence of the Czech Chamber of Architects, and in accordance in particular with the provisions of Para. h) of said Subsection and in accordance with the authorizations granted by the provisions of Article 25 subs. 4 para. b) and Article 30 subs. 1,

 

 

declares

these

 

PROCEDURAL CODE

OF THE GENERAL ASSEMBLY OF THE CZECH CHAMBER OF ARCHITECTS

 

adopted on the 20th of April 2002

and amended on the 24th of April 2004

(unabridged version)

 

 

Section 1

Participants of the General Assembly

 

(1) A mandate as a participant of the General Assembly is established by the granting of certification and entry onto the list of certified persons kept by the Chamber, or by the registration of a resident person.

 

(2) Each regular member shall be invited to participate in a General Assembly by registered letter with a return receipt, no later than twenty-one days prior to the date of the General Assembly being convened.

 

(3) Each participant is obligated to duly register for participation in the General Assembly before entering the meeting room. At registration, the participant shall confirm by signature the receipt of an acclamation card and ballots.

 

 

§ 2

Bodies of General Assembly

 

(1) The General Assembly establishes its bodies for the period of General Assembly’s meeting.

 

(2) The bodies of the General Assembly are usually:

a) The chairperson of the General Assembly, entrusted with its chairing (hereinafter referred to as the ”chairing person”),

b) The election committee, entrusted with supervision of elections and preparation of the final election protocol,

c) The nomination committee, entrusted with ensuring that proposals submitted fall within the competence of the Chamber, with making necessary adjustments to more complex proposals for voting, and with the preparation of a draft resolution and its final editing,

d) The mandate committee, entrusted with supervision of the mandates of the participants in the General Assembly, pursuant to Section 1;

the bodies listed in paras. b) through d) inclusive shall always have an odd number of members, with a minimum of three and a maximum of seven, and shall each elect a chairperson from among themselves.

 

 

Section 3

The Agenda of the General Assembly

 

(1) The Board of Directors shall prepare a draft agenda of the General Assembly and propose a chairing person. The Office of the Chamber shall send the draft agenda together with other documents relating to the General Assembly to all persons certified by the Chamber, no later than ten days prior to the Assembly being convened. The program shall comprise

a) obligatory items,

b) optional items.

 

(2) The obligatory items on the agenda shall normally be in the following sequence:

a) The opening of the General Assembly by the Chamber Chairperson,

b) Examination of the attendance and verification of a General Assembly quorum,

c) Election of General Assembly bodies, in particular the nomination, election and mandate committees,

d) Discussion of and approval of the agenda of the General Assembly and the election of a chairing person, on the basis of the draft agenda sent to participants in advance by the Board of Directors, and the proposals for the modification and supplementation thereof submitted by participants in the General Assembly,

e) Discussion of reports on the activities of Chamber bodies and reports on the management of the Chamber during the preceding term,

f) Proposal, discussion and approval of a program of Chamber activities for the subsequent term,

g) Announcement of nominations to Chamber bodies and the specification of the election procedures (deadlines for ballots),

h) Discussion of and approval of proposed modifications and amendments, if any, to the internal codes of the Chamber,

i) Termination of elections to Chamber bodies and announcement of results,

j) Discussion of a draft resolution of the General Assembly, its approval and authentication of the report on its course,

k) Conclusion of the General Assembly;

the sequence of items on the agenda described above is binding, with the exception of the sequence of items f) through h) inclusive.

 

(3) Other optional items may be included into the agenda, the sequence of which shall be based on their significance, but these may neither precede Item e) nor follow Item j) of the sequence described above.

 

 

Section 4

Proceedings of the General Assembly

 

(1) The Chamber Chairperson or another person appointed thereby, shall open and, prior to the election of a chairing person, shall chair the proceedings of the General Assembly. After his/her election, the chairing person shall chair the General Assembly.

 

(2) The submission of proposals is governed by the following principles:

a) Proposals concerning modifications to or amendments of the internal codes, or those which shall become a part of the final resolution, shall be submitted to the chairperson at least 30 days in advance of the General Assembly being convened. They shall be in writing, in a form acceptable for voting, bearing the name of their proponent(s). The Office of the Chamber shall send out these proposals with the draft agenda of the General Assembly. Such proposals in a form acceptable for voting may be presented at the General Assembly only in exceptional circumstances, and with the specific consent of the General Assembly expressed by a three-fifths majority. Such a proposal shall be presented by the proponent alone or, by mutual agreement, by the chairing person. The proponent may, at his/her discretion or on request, briefly explain the essence of the proposal so submitted. The body to whose competence the proposal is, by its content, subject shall then pronounce on the proposal, usually through its chairperson,

b) Counterproposals or amendatory proposals to proposals pursuant to para. a) may be submitted to the chairing person in writing, in a form acceptable for voting, at the General Assembly, and shall be presented by their proponent(s) or by the chairing person during the debate,

c) Counterproposals or amendatory proposals to proposals pursuant to para. b) may be submitted orally at the General Assembly and formulated during the debate,

d) Proposals of a procedural nature effective only for the actual General Assembly may be presented only orally.

 

(3) Debate is governed by the following principles:

a) A debate is announced by the chairing person, particularly for all items which are subject to voting,

b) Participants in the General Assembly shall indicate their contribution to the debate in writing in advance or in writing during the debate, or by raising their hand during the debate. The chairing person shall yield the floor in the same sequence as such contribution was indicated,

c) A procedural ruling of the General Assembly may set time limits for contributions to a debate, but this may not be less than 3 minutes. Should a person involved in the debate exceed the set limit or deviate from the subject, the chairing person may cause him/her to yield the floor,

d) Factual comments may be asserted preferentially during a debate,

e) The chairing person shall terminate the debate when the list of contributing persons is exhausted. A debate may also be terminated at the proposal of any regular participant by a procedural ruling of the General Assembly.

 

 

Section 5

General Assembly voting and decision-making

 

(1) If a debate is terminated and the discussed item is to be decided by voting, the chairing person shall proceed to a vote. If there are counterproposals or amendatory proposals, then voting is held in the same sequence as these were submitted.

 

(2) If the discussed items are related, they may linked for voting. More complex proposals may be divided with the consent of the General Assembly and the proponent, and separate votes held on each resulting part. After separate votes on each part of the proposal, or after the acceptance or refusal of amendatory proposals, a final vote shall be held on the proposal as a whole.

 

(3) The General Assembly decides by a simple majority of votes among the regular members of the Chamber present in the meeting room. At registration each regular participant receives against signature an acclamation card used for voting. Such acclamation cards are non-transferable.

 

 

Section 6

Elections to Chamber bodies

 

(1) Elections to the Board of Directors, the Supervisory Board and the Professional Court are held each year, always electing one third of the membership of these bodies for a three-year term of office.

 

(2) Ballots for elections to the individual bodies are compiled in situ on the basis of oral or written proposals submitted to the election committee by any regular member of the Chamber. Such a proposal shall include the candidate’s name and where appropriate certification number, the body for membership of which they are standing, with candidature for two or more bodies being unacceptable, a declaration as to whether the candidate has had disciplinary measures imposed upon him/her, or disciplinary proceedings instigated against him/her, and the signature of the candidate confirming his/her candidature and undertaking to execute the entrusted office responsibly. Such proposals may be submitted only prior to the deadline set and declared in advance by the election committee. Such nominations shall be confirmed by the candidate’s signature on the ballot papers, unless the candidate has confirmed their nomination in a written proposal; in the latter case this fact shall be indicated by the election committee on the ballot papers. The facts concerning disciplinary measures imposed upon, or disciplinary proceedings instigated against, the candidate shall also be indicated on the ballot papers. Written proposals for nomination shall form annexes of the report of the election committee concerning the course of the election.

 

(3) After the entering of all the duly proposed candidates into separate ballots for the bodies of the Chamber and after verification of their nominations, the election committee shall declare the beginning of the election itself.

 

(4) Each eligible voter shall, for the elections to a particular body, have a number of votes equal to one-third of the number of members of the given body according to this Code, and may cast only one vote for any candidate. To establish proportionality of representation and for the purposes of elections, resident persons are stated in the region where they have their registered office.

 

(5) On the basis of total number of cast votes, the election committee shall rank the candidates to the separate bodies pursuant to number of obtained votes. On the basis of the ranking, the members elected to the committee shall be

a) for the Board of Directors, the first candidates from Prague, the first candidates from elsewhere in Bohemia and the first candidates from Moravia/Silesia. in proportion to the total number of certified and resident registered persons in these three regions,

b) for the Supervisory Board, the first candidates from Prague, the first candidates from elsewhere in Bohemia and the first candidates from Moravia/Silesia, in equal numbers;

c) for the Professional Court, the first three candidates irrespective of their region;

those candidates ranked below the elected members are considered as substitutes. The key used for substitutes is the same as for regular members of the relevant bodies. A substitute shall enter the vacated office of a regular member of a particular body elected for a specific region in the sequence resulting from the election held in the year when the regular member being substituted was elected; the term of office of a substitute shall terminate at the same time as the term of office of the member being substituted would have ended.

 

(6) The composition of the individual bodies decided in this way shall be approved as a whole by a vote of the General Assembly. Should the individual bodies not obtain the support of more than half of the eligible voters, a second round of elections shall be held, to which only those candidates in the first third of the ranking of the first round of elections shall proceed. In the event that the individual bodies comprising members elected in the second round also fail to obtain the support of a majority of eligible voters, then a third, similarly organized, round of elections shall be held. In the event of failure the election shall be repeated.

 

(7) The election committee shall write a protocol on the election results, confirming it with their signatures and documenting it by the ballots, the written nomination proposals and the candidature documents. The Office of the Chamber shall keep this protocol and all its annexes on file.

 

 

Section 7

Minutes of the General Assembly

 

(1) The Secretary of the Chamber or a person appointed thereby shall be the clerk of the minutes of the General Assembly. The content of the minutes shall be confirmed by the clerk’s signature and verified by the Chairperson of the Chamber.

 

(2) The minutes shall include the date and location of the General Assembly, an attendance list with the signatures of the members and guests present, the subjects of discussion, the content of decisions or resolutions, assigned tasks and their terms.

 

(3) The whole course of the General Assembly from its opening to its due conclusion shall be recorded for the purposes of later control and the verification of the course of meeting and the conclusions and decisions made. All records shall be filed for at least five years from the date of the General Assembly’s being convened.

 

 

Section 8

The final resolution of the General Assembly

 

(1) The General Assembly shall make a resolution of its conclusions. Resolutions concerning procedural matters and resolutions concerning meritory matters shall be recorded in the minutes.

 

(2) The final resolution shall be in writing and shall comprise the following parts and requisites:

a) Resolution indication,

b) Facts with which the General Assembly has been made acquainted,

c) Facts approved by the General Assembly,

d) Tasks assigned by the General Assembly,

e) The place and date of the General Assembly which approved the resolution,

f) Signatures of the members of the nomination committee, the chairing person and the clerk of the minutes. The protocol of the course of elections, signed by members of the election committee and the chairing person, shall form an annex to the resolution.

 

Section 9

Efficacy

 

This Code took effect upon its adoption at the General Assembly of the Czech Chamber of Architects held on the 20th of April 2002.

 

 

ARTICLE II/2004

 

TRANSITIONAL PROVISIONS

FOR ELECTIONS HELD IN 2004

 

(1) All members of all bodies of the Chamber will be elected in the election held in 2004, with the following key to be used for election to Chamber bodies:

a) The following allocation of mandates is established for the Board of Directors, with twelve members elected pursuant to the following regional key:

1. Prague 5 members,

2. Bohemia ex Prague 3 members,

3. Moravia/Silesia 4 members,

b) The following allocation of mandates is established for the Supervisory Board, with nine members elected pursuant to the following regional key:

1. Prague 3 members,

2. Bohemia ex Prague 3 members,

3. Moravia/Silesia 3 members,

c) The election of three members in one year is set for the Professional Court, which shall have nine members elected without application of a regional key.

 

(2) Candidates elected for the whole three-year term of office are those ranked by the number of votes obtained into the first third of the total number of members elected for

a) the Board of Directors, whereby in the first year 2 members for the Prague region, 1 member for Bohemia ex Prague and 1 member for Moravia/Silesia will be elected,

b) the Supervisory Board, whereby in the first year 1 member will be elected for each region,

c) the Professional Court.

(3) Candidates elected for a two-year term of office are those ranked by the number of votes obtained into the second third of the total number of members elected for

a) the Board of Directors, whereby in the second year 1 member for the Prague region, 1 member for Bohemia ex Prague and 2 members for Moravia/Silesia will be elected,

b) the Supervisory Board, whereby in the second year 1 member will be elected for each region,

c) the Professional Court.

(4) Candidates elected for a one-year term of office are those ranked by the number of votes obtained into the last third of the total number of members elected for

a) the Board of Directors, whereby in the third year 2 members for the Prague region, 1 member for Bohemia ex Prague and 2 members for Moravia/Silesia will be elected,

b) the Supervisory Board, whereby in the third year 1 member will be elected for each region,

c) the Professional Court.

 

(5) Beginning with the elections held in 2005, the provisions of Section 6 herein shall apply.

 

ARTICLE III/2004

 

This Code, as amended, took effect upon its adoption at the General Assembly of the Czech Chamber of Architects held on the 24th of April 2004.