A Member Resolution to be Presented at the IESL AGM 2017 to Improve the Decision Making Capability of the Council


Resolution to improve the decision making capability of the IESL Council

Background to the Resolution

The Institute of Engineers, Ceylon, Act, No. 17 of 1968 that incorporated IESL (and amended subsequently as Act, No. 3 of 1996), places exceptionally high importance on the Past Presidents of the IESL in respect of the roles they are required to perform.

In the Schedule of By-laws of the IESL, the By-law 31 requires the Council of the IESL to "set up a Disciplinary Committee comprising three Fellows at least one of whom shall be a Past President." This Disciplinary Committee may investigate and report to the Council on any member including the Members of the Council except the President or the President Elect.

Furthermore, in the event of a disciplinary inquiry "against the President or the President Elect, all of the three members of the Disciplinary Committee shall be Past Presidents." Also, "the Council may select these three Past Presidents from outside the Panel selected at the beginning of the session."

Therefore, in every Council session, it is required to have four Past Presidents who are not actively engaged in the governing activities of the IESL through its Council.

In the Schedule of By-laws of the IESL, the By-law 43 states that the Officers of the Institution shall be (i) the President, (ii) the Immediate Past President, (iii) the President–Elect, (iv) the three Vice Presidents, (v) the Honorary Secretary, (vi) the Honorary Treasurer, and (vii) the Executive Secretary.

In the Schedule of By-laws of the IESL, the By-law 44 states that the Council shall consist of (i) The President, (ii) Two Past-Presidents, (iii) President – Elect, (iv) Three Vice-Presidents, (v) Honorary Secretary, (vi) Honorary Treasurer, (vii) Chairmen of Sectional Committees as per By-law 98, (viii) Six Fellows, and (ix) Ten Members of whom five shall be under 40 years of age at the time of closing of nominations for the election.

In the Schedule of By-laws of the IESL, the By-law 49 states that "One Past-President resident in Sri Lanka and continuing as a member of the Institution will be elected by the Corporate Membership as a member of the Council." It is noteworthy, that while "the Council is empowered to fill" the vacancy of the Immediate Past President by nominating another Past-President in the event the out-going President is unable to perform in the role, the Council is not compelled to do so.

When read together, By-laws 43, 44 and 49, requires one of the Past Presidents (other than the Immediate Past President) to be a member of the Council.

In the Schedule of By-laws of the IESL, the By-law 54 states that "the Council shall appoint a Past-President or a Fellow as a Returning Officer for the conduct of any voting by ballot" and "will be known as the Chief Returning Officer." As per By-law 48.b, a Past-President is ineligible to hold the office of the President of the institution more than once. Therefore, while it is allowed to appoint a Fellow as the Chief Returning Officer, the prudent course of action would be to appoint a Past President to the position.

In the Schedule of By-laws of the IESL, the By-law 106 provide the composition of the By-laws Revision Committee, which shall consist of 12 members with the President as Chairman and consisting of two Past Presidents, one Vice President in Council and two Fellows all nominated by the Council and 6 other Corporate Members elected by the membership at the Annual General Meeting. As is the custom, when the Immediate Past President is appointed as a member, one more Past President shall fill the remaining vacancy.

Therefore, the engagement of the Past Presidents in IESL Council as per the By-laws can be summarized as follows:

Committee
No of Past Presidents (not including IPP)
Active Engagement in Council Decision Making
Disciplinary Committee
1
No
Disciplinary Committee (special)
3
No
Council
1
Yes
Chief Returning Officer
1
No
By-laws Revision Committee
1
No

Form the foregoing, it can be seen that except for the Past President appointed to the Council, other positions restrict the Past Presidents to roles that are advisory in nature including certain amount of control in the maintenance of discipline and safeguarding the rules of the Institution.

The additional Past President in the Council breaks the above cast of roles by allowing a Past President to engage in Council decision making and possibly undermine the authority of the incumbent President. As the Immediate Past President is a Council Member and is intended to provide continuity in leadership, this additional Past President appointment to the Council provides no material benefit. There are multitude of Council Standing Committees in which Past Presidents can participate and contribute.



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