CHAPTER
206
ROYAL BAHAMAS POLICE STAFF ASSOCIATION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
PART I
PRELIMINARY |
|
PART II
CONSTITUTION AND ADMINISTRATION |
Royal Bahamas Police Staff Association. |
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|
|
Disqualification of membership of a Branch Board. |
Meetings of Branch Boards. |
Joint Branch Board Meetings. |
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Proceedings or Executive Committee. |
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PART III
FINANCIAL PROVISIONS |
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Use of Association Funds. |
FIRST SCHEDULE - Election of Boards and Executive
Committee. |
SECOND SCHEDULE - Proceedings of Meetings. |
CHAPTER 206 |
ROYAL BAHAMAS
POLICE STAFF ASSOCIATION |
An Act to
establish the Royal Bahamas Police Staff Association, to make provision for the
formation, constitution and functions of such an association and provision in
respect of matters connected thereto. | 7 of 1997 |
[Commencement 6th
February, 1997] |
1. This Act may be cited as the Royal Bahamas Police
Staff Association Act, 1997. | Short title. |
PART I
PRELIMINARY |
2. In this Act- | Interpretation. |
"Association"
means the Royal Bahamas Police Staff Association established under section 3; |
"Branch
Board" means any Branch Board established under section 5; |
"Commissioner"
means the Commissioner of Police; |
"District
Constable" means any person appointed under section 85 of the
Police Act; |
"Executive
Committee" means the Executive Committee of the Association established
under section 10; |
"Force"
means the Royal Bahamas Police Force as constituted under section 3 of the
Police Act; |
"Inspector"
includes a sub-inspector or chief inspector; |
"matter of
importance" means any matter so deemed by a Branch Board or the Executive
Committee; |
"Minister"
means the Minister responsible for the Police Force; |
"Recruit"
means any person appointed under section 5(2) of the Police Act; |
"Reserve"
means the Royal Bahamas Police Reserve established under Part X of the
Police Act; |
"Special
Constable" means any person appointed under section 86 of the
Police Act; |
"Supernumerary
Police Officer" means any person appointed under Part VIII of the Police
Act. |
PART II
CONSTITUTION AND ADMINISTRATION |
3. (1) There is hereby established a body, to be known
as the Royal Bahamas Police Staff Association for members of the Royal Bahamas
Police Force other than officers of the Reserve, District Constables, Special
Constables, Supernumerary Police Officers and Recruits. | Royal Bahamas Police Staff Association. |
(2) The
Association shall be independent of, and unassociated with, any body or person
outside the Force. |
(3) Subject to
subsection (1), all members of the Force below the rank of Chief
Superintendent, Deputy Superintendent and Assistant Superintendent are eligible
to become members of the Association. |
4. The objects of the Association shall be to enable
members of the Association to consider and bring to the notice of the
Commissioner matters affecting their welfare and efficiency, including pay,
pensions and conditions of service, other than matters relating to discipline
and promotion affecting individual members of the Force. | Objects of Association. |
5. (1) There shall be established the following Branch
Boards- | Branch Boards. |
(a) the
Inspectors' Branch Board; |
(b) the
Sergeants' Branch Board; |
(c) the
Corporals' Branch Board; and |
(d) the
Constables' Branch Board; |
and such
boards shall be constituted in accordance with the provisions of this section. |
(2) The
Inspectors' Branch Board shall consist of three Inspectors. |
(3) The Sergeant's
Branch Board shall consist of six Sergeants. |
(4) The Corporals'
Branch Board shall consist of ten Corporals. |
(5) The
Constables' Branch Board shall consist of fourteen Constables. |
(6) The
First Schedule shall have effect in relation to the election of any member of a
Branch Board. |
6. (1) An election of a member of a Branch Board shall
be held each year in such month as the Commissioner may at the request of the
Executive Committee determine. | Elections. |
(2) Each member
elected to a Branch Board shall become a member of that Board on the first day
of the month following the month in which he is elected, and subject to section
7, shall remain a member of the Board until the end of the month in which
elections are held pursuant to this section, in the following year. |
7. A person shall cease to be a member of a Branch
Board if- | Disqualification of membership of a Branch Board. |
(a) he ceases
to hold the rank in the Force which he held at the time of his election; or |
(b) he ceases
to be a member of the Force. |
8. (1) Each Branch Board shall hold quarterly meetings,
each lasting not more than one day, and with the consent of the Commissioner,
additional meetings of the Branch Board may be held. | Meetings of Branch Boards. |
(2) Each Branch
Board shall hold a quarterly meeting in the month following that in which
elections are held, which meeting in this Act is referred to as "the
Annual Meeting", and where more than one meeting is held in that month the
first meeting so held shall be the Annual Meeting. |
9. (1) The four or any three of the Branch Boards may,
by agreement, sit together as a joint Branch Board, either generally or for a
special purpose. | Joint Branch Board Meetings. |
(2) Without
prejudice to any arrangements for informal consultation, a Branch Board or
joint Branch Board may make written representations to the Commissioner and if
it thinks fit submit a copy thereof to the Minister and in matters of
importance a deputation may be appointed by the Branch Board or joint Branch
Board or Executive Committee to make oral representations to the Commissioner. |
(3) The four
Branch Boards shall, at the request of the Commissioner, sit together as a
joint Branch Board for the purpose of considering any question referred to
them, by him, by way of the Executive Committee. |
(4) The
Second Schedule shall have effect in relation to the proceedings of any Branch
Board or joint Branch Board. |
10. (1) There shall be established in accordance with
this section, an Executive Committee of the Association. | Executive Committee. |
(2) The Executive
Committee shall be elected by the members of each Branch Board established
under section 5 in the number and manner following- |
(a) the
Inspectors' Branch Board shall elect one of their number; |
(b) the
Sergeants' Branch Board shall elect three of their number; |
(c) the
Corporals' Branch Board shall elect five of their number; and |
(d) the
Constables' Branch Board shall elect seven of their number. |
(3) Where any
Executive Committee member is unable to be present at an Executive Committee
meeting, the appropriate Branch Board shall nominate a deputy or as the case
may be, deputies who will have the same rights as a member of the Executive
Committee. |
(4) The
First Schedule shall have effect in relation to the election of the Executive
Committee. |
11. (1) The Executive Committee may hold- | Proceedings of Executive Committee. |
(a) an ordinary
monthly meeting, each meeting lasting not more than one day; |
(b) additional
meetings called with the consent of the Commissioner. |
(2) The Executive
Committee may make written representation to the Minister, Commissioner and any
other appropriate authority and in matters of importance make oral
representations to either the Commissioner, Minister or any other appropriate
authority. |
(3) A written
representation to, or request for an interview with, the Minister shall be made
through the Commissioner. |
(4) The
Second Schedule shall have effect in relation to the proceedings of the
Executive Committee. |
12. (1) The Association may make rules providing for- | Rules. |
(a) the fees
for membership and the management of its affairs; |
(b) the custody
of the property of the Association and the keeping and auditing of accounts; |
(c) generally,
the better carrying into effect of the purposes of this Act and the furtherance
of the objects of the Association. |
(2) Sections 31
and 32 of the
Interpretation and General Clauses Act shall not apply to the rules made under
this section, nor shall the rules require publication in the Gazette but
a copy of them shall be forwarded to the Minister and when received by the
Minister shall be conclusive evidence that such rules were made. |
PART III
FINANCIAL PROVISIONS |
13. (1) The Association may raise funds by the
collection of voluntary subscriptions, the acceptance of donations from the
members thereof and the sale of periodicals and other articles. | Raising of funds. |
(2) Voluntary
subscriptions may be deducted from the salary of a member each year by the
Treasurer with the consent in writing of the member and the normal amount of
such subscriptions (including additional subscriptions) shall be determined by
the Executive Committee subject to the approval of the four Branch Boards. |
(3) A consent of
the member for the purposes of subsection (2) may be withdrawn at any time by
the member giving to the Treasurer notice in writing of his withdrawal of such
consent. |
(4) Provision
shall be made to allow partial subscription by members who join the Association
during any one year. |
14. (1) Any Branch Board or the Executive Committee
shall, in relation to Association funds held by the Board or the Committee in
question, keep accounts showing all monies received or paid out and shall cause
the accounts for each year to be audited by an independent auditor. | Accounts. |
(2) At the end of
each year a summary of the accounts for that year together with a copy of the
independent auditor's report thereon shall be sent to the Commissioner and made
available to all members of the Association. |
15. (1) The Executive Committee shall have the
management and control of Association Funds but Association Funds shall not
without the consent of the Commissioner be used otherwise than for the purposes
mentioned in subsections (2) and (3) and shall not be used- | Use of Association Funds. |
(a) to promote
directly or indirectly a person's candidature in a parliamentary or local
government election; or |
(b) to
contribute to the funds of a trade union, political party or other body or
organisation not connected with the police service or its welfare. |
(2) Association
Funds may be used to defray expenses lawfully incurred for the objects
specified in subsection (3). |
(3) Without
prejudice to the generality of the preceding subsections, Association Funds may
be used to defray- |
(a) expenses
arising under this Act or arising out of anything done in accordance therewith; |
(b) the
administrative expenses of the Association, the remuneration of persons outside
the Force employed or consulted in an administrative, professional or advisory
capacity; |
(c) expenses in
connection with the publication and distribution of reports and other
documents, including a journal (whether or not a charge is made therefor) and
the purchase of publications for use by the Branch Boards and the Executive
Committee; |
(d) expenses
incurred for benevolent or charitable purposes connected with the Force or its
welfare; |
(e) expenses
lawfully incurred in connection with a claim made by a subscribing member or
former subscribing member of the Association, the surviving spouse or child of
such member (including legal proceedings arising therefrom) where the claim
refers to- |
(i) the
emoluments of a member of the Association or the pension or other award payable
to or in respect of a former member of the Association; |
(ii) an
injury or disease alleged to have been received or contracted by a member of
the Association; or |
(iii) the
compulsory retirement of a member of the Force otherwise than as an alternative
to dismissal; and |
(f) expenses
incurred in providing, at the discretion of the Executive Committee, financial
assistance to any member who becomes the subject of criminal proceedings
arising out of the execution of his duties as a police officer and where legal
aid is not granted by the Court, any other authority or the Government. |
FIRST SCHEDULE (Sections 5(6) and 10(4)) |
ELECTION OF BOARDS
AND EXECUTIVE COMMITTEE |
1. This Schedule
shall apply in relation to the following bodies (in this Schedule referred to
as "specified bodies") |
|
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(c) the
Executive Committee. |
2. An election to
a specified body shall be by secret ballot. |
3. At any such
election each person qualified to take part therein shall be entitled to give
the like number of votes as there are vacancies to be filled but shall not give
more than one vote for any one candidate. |
4. Where at any
such election an equality of votes is found to exist between any candidates and
the addition of a vote would entitle any of these candidates to be declared
elected, the decision between those candidates shall be reached by lot and the
candidate on whom the lot falls shall be declared elected. |
5. Where in any
election- |
(a) only one
person is qualified to take part, that person shall be deemed to be elected; or |
(b) only two
persons are qualified to take part, then subject to any agreement to the
contrary between them, the senior of those two shall be deemed to be elected. |
6. (1) Subject to
the provisions of this Act, rules may be made by the appropriate rule-making
body mentioned in subsection (2) as respects- |
(a) the conduct
of elections to a specified body; and |
(b) the
circumstances and manner in which casual vacancies thereon are to be filled
whether the vacancy occurs as the result of the death or resignation of a
person or in the consequence of any provisions of the rules. |
(2) The
appropriate rule-making body shall be- |
(a) in relation
to a Branch Board, that Board; |
(b) in relation
to the election of delegates to a joint Branch Board by a particular Branch
Board and to casual vacancies among these delegates, that Board |
(c) in relation
to the election of members of an Executive Committee, the four Branch Boards
when sitting together or, in relation to the election from amongst the members
of a Board, when sitting independently of each other. |
SECOND SCHEDULE (Sections 9(4) and 11(4)) |
PROCEEDINGS OF
MEETINGS |
1. This Schedule
shall have effect in relation to the proceedings of the following bodies (in
this Schedule referred to as "specified bodies")- |
(a) a Branch
Board or joint Branch Board; |
(b) the
Executive Committee. |
2. Each specified
body shall choose its Chairman and Secretary from among its members; |
3. The Executive
Committee shall elect a Treasurer from among its members. |
4. The Chairman at
any meeting of a specified body shall have a second or casting vote. |
5. Subject as
aforesaid, each specified body shall regulate its own procedure and may provide
for the appointment of committees and subcommittees and their procedure. |