CONSTITUTION

&
BYLAWS

MAC-PTD ADVISORY COUNCIL

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 TABLE OF CONTENTS
ARTICLE# TOPIC PAGE

ARTICLE 1 NAME 1

ARTICLE 2 PURPOSES 1

ARTICLE 3 MEMBERSHIP AND QUALIFICATIONS 1

ARTICLE 4 ELECTIONS OF OFFICERS/MEMBERS 2

ARTICLE 5 PLACE OF MEETINGS 2

ARTICLE 6 FUNCTIONS OF OFFICERS 3

ARTICLE 7 ROLES, DUTIES AND RESPONSIBILITIES

OF OFFICERS AND MEMBERS 3,4
- The Chairman 4
- The Vice Chairman 4
- The Recording Secretary 4,5

ARTICLE 8 RULES OF PROCEDURE 5

ARTICLE 1 NAME
Section 1: The name of this organization shall be the Municipal Advisory Council for Police
Transformation and Development (MAC-PTD)
Section 2: This organization shall be construed to act as the Advisory Council for the Philippine
National Police to support and carry out the responsibilities of said organization and enjoying
the prosperous peace and orderly community.

ARTICLE 2 PURPOSES
Section 1: The purposes of the organization shall be:
a. to help come to terms, assist and support the PNP in the implementation of its P.A.T.R.O.L
Plan 2030, to serve as the PNP’s strategy partner and to make PNP, Municipality of Sta. Barbara
and different sectors feel comfortable with each other and the whole community by providing
information to, and accepting advice from, an external group.

b. to represent the organizations concerned to come up with a single association binding to the
administration, Municipality of Sta. Barbara, and the PNP to build and strengthen the mission of
the organizations; and to advise the concerned organizations in the formation and
implementation of policies and procedures relating to public service and specifically to comply
the indispensable transformation instituted by PNP thru PNP P.A.T.R.O.L PLAN 2030;

c. to serve as the linkage between these organizations by providing a channel of

communication by dispensing information or providing solutions to the issues every regular
meeting or any time when necessary;

d. to study and make recommendations regarding the problems presented by every

organizations linked in this association, either at the request of the Municipality of Sta.
Barbara, PNP or by its (MAC) initiative just to realize or actualize the main purpose.

ARTICLE 3.MEMBERSHIP AND QUALIFICATIONS

Section 1: The Municipal Advisory Council shall consist of at least one member from each sector
(government, labor, religious, business, education, family and private sector) within the
community of Sta. Barbara.
Section 2: No more than fifteen (15) members shall serve at the same time.
Section 3: Members shall have an interest in furthering the mission of the organizations and
supporting the entire community.
Section 4: Each member shall serve a term of twelve (12) months at which time; the Council can
elect to ask the member to serve an additional twelve (12) months or one (1) year term.
Section 5: At the Council’s discretion, members may serve up to five (5) consecutive terms.
Section 6: They will normally meet at least four times a year, often more frequently; Municipal
Advisory Council meetings require additional time.
Automatically the Vice Chairman shall assume the duties of the Chairman in the event of the
President’s absence, inability, disability, disqualification, or resignation until his/her return or
the election of a replacement.

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Must understand what is being sought from each organization and its individual members.
Therefore, they will provide strategic direction, guide quality improvement, and assess program
effectiveness.
They need to be equipped and committed to discharge their duties for they are composed of
accomplished experts known for their integrity, probity and leadership offering innovative
advice and dynamic perspectives.
Assist organizations with anything from managing human resources to influencing their
direction towards the attainment of goals, objectives, transformation, transparency and
accountability in the PNP.

ARTICLE 4 ELECTIONS OF OFFICERS/MEMBERS

Section 1: The members shall determine the procedures of the Municipal Advisory Council
election. The actual Election Day activities shall be under the direction of the parting Chairman.
Members shall be asked to vote and the winner who got the number of votes shall be the next
sitting Chairman.
Section 2: Elections shall be held any time needed in case of vacancy in the said position.
Section 3: A representative shall be required to immediately vacate his/her position upon
discharge, resignation, termination, retirement, disability beyond 180 days, upon unexcused
absence from three regular meetings of the Council, or violation of the Council constitution.
Section 4: The Chairman of the Municipal Advisory Council, with the concurrence of two-thirds
of the members at a regular meeting of the Council, upon determining a violation of Section 3
of this article, shall be empowered to vacate the position and to fill such position as outlined in
Section 5 below.
Section 5: If the remaining term of the vacated position is less than two years, the first runner-
up (if any) in the election in the district represented by the vacated position shall be named to
fill the position, provided that said individual is still qualified and is willing to serve. In the event
that there was no runner-up or, if the runner-up is unwilling to serve, the Council President,
with the concurrence of two-thirds of the members at a regular meeting, may either elect to
allow the position to remain vacant or may appoint an individual from any organizations or
sectors to fill the post. If the remaining term of the vacated position is more than two years,
this same procedure shall be followed except that the replacement representative shall only be
named to serve the remaining term.
Section 6: A quorum shall be a simple majority of total Council members.

ARTICLE 5 PLACE OF MEETINGS

Section 1: The Municipal Advisory Council shall meet every quarter called upon by the
Chairman, Vice Chairman or any member of the organizations concerned at the Conference
Room of the Municipality of Sta. Barbara or Conference Room of the Sta. Barbara Municipal
Police Station.
Section 2: Each organization shall be entitled to at least one representative.

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ARTICLE 6 FUNCTIONS OF OFFICERS
Section 1: Officers of the Municipal Advisory Council will consist of a Chairman, Vice Chairman,
and Recording Secretary.
Section 2: The term of office of the officers of the Municipal Advisory Council shall be two (2)
years, beginning at the meeting immediately following their election and ending with the
meeting at which their successors are elected. No officer may serve more than two consecutive
terms.
Section 3: Council members shall submit names of officer nominees one (1) month prior to the
announced election to the Corresponding Secretary. The Corresponding Secretary shall
determine the willingness of each nominee to run for office. The slate of nominees shall be
presented to the Council at a regular or emergency meeting, during which nominations may be
made from the floor. Candidates will be afforded the opportunity to present their qualifications
during this meeting. Elections will be held by secret ballot at the regular or emergency meeting.
Section 4: Officers must receive a simple majority of votes of those attending the election
meeting. In the event no candidate receives a majority, the candidate receiving the fewest
number of votes shall be eliminated and the vote retaken until one candidate attains the
majority.
Section 5: During their term of office, Officers must meet all qualifications for membership on
the Council. In the event of disqualification, the position shall be vacated and the Council shall
elect a replacement from its own membership to complete the remaining term of office.
Section 6: Candidates for office must serve on the Municipal Advisory Council for one (1) year
as a member, unless waived by the Council.

ARTICLE 7 ROLES, DUTIES AND RESPONSIBILITES OF OFFICERS AND MEMBERS

Section 1: Officers and Members shall:
a. Help come to terms to assist and support the PNP in the implementation of its P.A.T.R.O.L
Plan 2030, to serve as the PNP’s strategy partner and to make PNP, Municipality of Sta. Barbara
and different sectors feel comfortable with each other and the whole community by providing
information to, and accepting advice from, an external group.

b. Address the realities happening in a different location or in all areas as a whole, with
different cultural and professional norms, without any loss of control.

c. Provide information and guide like a remarkable supporter in the quest for superior
communal governance.

d. Maintain strategic focus and direction of the organization through its active participation in
partaking distinctive knowledge to serve the paramount interest of the common good.

e. Offer professional and high-quality advice and soon make the organizations odds of success.

f. Help relieve organizations concerns by imparting unbiased new insights and innovative ideas
especially on future problems or any issue/s may arise for an uncertain period of time.

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g. Encourage and impose challenges to improve governance framework that enable sustainable
growth of the organizations and economy of the whole community.

h. Monitor organizations performance, initiate effectively and significantly direct group

activities.

i. Represent the Municipal Advisory Council for Police Transformation and Development (MAC-
PTD ) to the Municipality of Sta. Barbara and its Administration;

Section 2: The Chairman shall:

a. Must be the direct and most senior staff to provide leadership and represent the
organization; must also guarantee that the organization is managed effectively;

b. Ensure the MAC Members functions properly;

c. Responsible for making sure that each meeting is planned effectively, conducted according to
the constitution and that matters are dealt with in an orderly, efficient manner;

d. Must make the most of all his/her committee members, building and leading the team. This
also involves regularly reviewing the organizations performance.

e. Must fully co-ordinate to ensure that appropriate policies and procedures are in place for the
effective management of the organization.

f. Provide support and supervision to the chief officer and senior team.

g. May sometimes be called upon to represent the organization in functions or meetings.

Section 4: The Vice Chairman shall:

a. Assist the Chairman in all the tasks mentioned above;

b. Shall automatically assume the duties of the Chairman in the event of the Chairman’s
absence, inability, disability, disqualification, or resignation until his/her return or the election
of a replacement.

Section 3: The Recording Secretary shall:

a. Keep minutes of all transactions of the Council at regular and special meetings, and transmit
a copy to concerned organizations; bound for distribution with the agenda for the next regular
meetings;

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b. Maintain the attendance records of the Council;

c. Archive the minutes, attendance records, committee reports, financial records, and other
documents of the Council for transmission to succeeding administrations;

d. Receive nominations for candidates for the election of officers;

e. Certify the results of the election of officers and of the election of representatives to the
Council;

f. In consultation with the Chairman, draft the agendas of regular special meetings;

ARTICLE 8: RULES OF PROCEDURE

Section 1: This Constitution and its Bylaws may be amended at any meeting of the Council,
which occurs once every quarter after proposed amendment has been submitted to the
members of the Council in writing.

Section 2: A motion to amend requires one more than half the membership of the Council to
pass; regardless of the number of members actually present at the meeting at which that votes
is taken.

Section 3: The rules of procedure of order shall govern the Council in all applicable instances,
except where specifically at variance with the Bylaws, Constitution, or special rules of order of
the Council.

Section 4: The rules of procedure may be suspended during any meeting by a two-thirds vote of
all members present.

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Draft Memorandum of Understanding – Advisory Council
work with PNP, PNP P.A.T.R.O.L PLAN 2030 and The
Municipality of Sta. Barbara
Introduction
The most recent forms of decision-making, bolstering the roles of Advisory Councils, and
setting out new processes for sectors of the Municipality of Sta. Barbara to collaborate on
effective management for the entire municipality. Timely consultation, transparency, and
constructive engagement between Advisory Councils and Member States are all crucial to help
produce credible measures and effective management. This is particularly important for the
development of urgent and contentious proposals, as has been apparent during the discussion
of draft “discard plans” during 2014. This MoU aims to set out the principles of such
collaborative engagement for future work under the CFP.
CFP Requirements
Stakeholder involvement is enshrined as a principle of good governance under the CFP
framework generally, and is specifically built in to the regionalisation mechanisms and other
provisions (see Annex for a summary of those provisions).
The CFP specifically strengthens the role of Advisory Councils, making it an obligation for
Member States and the Commission to consult Advisory Councils under certain circumstances,
and elaborating on the process to be followed for this consultation – expressly requiring, in
Article 44 for example, that their advice must be taken into account.
The obligation of ‘taking advice into account’ does not entail the assumption that the
recommendations proposed by an Advisory Council must be followed and implemented, but
that they must be properly considered, in a timely manner, not ignored, and rejected only when
there are reasons for doing so, and with a clear justification to the Advisory Council (Article 44).
Proposed Advisory Council/Member States Memorandum of Understanding
Legal Basis
1. Having regard to:

Article 11 of the Treaty on European Union;

the general objectives of the Common Fisheries Policy set out in Recitals 24 and 65, and
Article 3 of Regulation (EU) No 1380/2013 (hereafter “the CFP Regulation”);
the specific requirements for consultation with Advisory Councils (ACs) set out in Articles 6,
12, 13, 18, 20 and 44 of the CFP Regulation;

the [xxx] Advisory Council considers it important to set out the practical steps necessary to
ensure effective collaboration with the Commission, Member States, and groups of Member
States working together pursuant to Article 18 of the CFP Regulation.
Scope
2. These practical arrangements cover the steps necessary to achieve the consultation required
under the Common Fisheries Policy, respecting the institutional roles set out in EU Treaties and

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other legislation, the advisory responsibilities of ACs, and the requirement for consultation in
the specific circumstances set out in the CFP Regulation.

3. The arrangements cover all fisheries in the geographical area covered by the [xxx] Advisory
Council.

4. The arrangements cover all Member States with a direct management interest in fisheries in
this geographical area as defined in the CFP Regulation.

5. The arrangements cover all groups of Member States pursuing joint recommendations on
management under article 18 of the CFP Regulation, or common Member State measures
under Article 19 of the CFP Regulation, for fisheries in this geographical area.

Consultation Process
6. Every effort should be made to allow the AC to work closely with Member State and/or
Commission experts to develop proposals/measures in collaboration, through a joint iterative
process rather than through two parallel but isolated processes. The proceedings of each party
should be open and transparent, with sharing of agendas ahead of meetings, and of notes
afterwards.

7. Where there is a requirement to consult the AC (see specific CFP Regulation provisions as
referred to in Annex), the Commission, Member State, or group of Member States will send a
request to the secretariat of the AC, setting out clearly the issue for which advice is sought, the
management instrument that is being proposed (if any), and the timeline for decision-making.

8. Every effort should be made to share data, other information and draft proposals at a
sufficiently early stage to help both parties work effectively together.

9. The request for advice should be sent in sufficient time to allow the AC to consult their
members, develop and submit advice before decisions are made.

10. All parties (the AC, Commission, Member States and groups of Member States) will
endeavor to clarify the highest priorities, particularly when advice is urgent or constrained by
rigid deadlines. For the avoidance of doubt, this means it is incumbent on all parties to actively
assist in identifying the most important/urgent issues on which advice is needed.

11. The AC encourages Member States and the Commission to attend AC meetings, to foster
greater mutual understanding of each other’s work, priorities and timelines.

12. Representatives of the AC will be invited to attend at least the most appropriate part of all
meetings of the Member State groups referred to in paragraph 5, including High Level Group
(HLG) meetings and technical or ad hoc meetings, to contribute directly to discussions on
matters on which the AC is being consulted. The presumption should be that AC
representatives from both the “60%/fishermen” and “40%/other interest groups”, [and

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including both the Chair and Vice-Chairs or their designees] are involved in those meetings as
much as is possible, even if not present for the whole meeting.

13. AC representatives should at least have the status as observers in HLG meetings. In
technical or other ad hoc meetings, AC representatives shall have the status of invited experts.

14. In all cases, including those where the AC submits a recommendation, suggestion or
information on its own initiative, the recipient will respond to the AC secretariat within the
deadlines in the CFP Regulation. This will be a substantive response, dealing with points raised,
setting out how they have been taken into account, and including the reasoning for any
divergence in views, as prescribed in Article 44.
15. In addition to specific proposals for consultation, the AC, Commission, Member States and
Member State groups will share information on work planning as early as possible, to help each
other prioritise and schedule workloads.

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Annex
Key CFP provisions - Regulation (EU) No 1380/2013
The role and importance of Advisory Councils is introduced in the CFP’s Recitals, number 65 of
which acknowledges that “Dialogue with stakeholders has proven to be essential for achieving
the objectives of the CFP. […] Advisory Councils should enable the CFP to benefit from the
knowledge and experience of all stakeholders.” Also to be noted is Recital 24, which is
concerned with multiannual plans, and states that these “should be adopted in consultation
with Advisory Councils”.
Article 3 of the CFP sets out a number of general principles of good governance by which the
policy shall be guided. Amongst these, is “the appropriate involvement of stakeholders, in
particular Advisory Councils, at all stages – from conception to implementation of the
measures.”
The consultation of Advisory Councils is then specifically dealt with in a number of Articles, in
particular Articles 6, 12, 13, 18, 20 and 44:
Article 6(2) sets out general provisions on conservation measures, establishing that as a general
rule, advice received from Advisory Councils shall be taken into account in the adoption of
these, as follows:
Articles 12 and 13 impose a consultation duty in connection with the adoption of urgent or
emergency measures in cases where serious threats are identified to either marine biological
resources or the marine ecosystem. Under these Articles, procedures are established for the
adoption of temporary measures by the Commission, or by the Member States themselves
(within their sovereign waters) in such cases.
Article 18 is where the new CFP’s regionalised governance procedures are introduced. Firstly,
Article 18(1) establishes that Member States may “agree to submit joint recommendations for
achieving the objectives of the relevant Union conservation measures, the multiannual plans or
the specific discard plans”. Under Article 18(2) Member States are obliged to consult Advisory
Councils as part of this process:
"For the purpose of paragraph 1, Member States having a direct management interest affected
by the measures referred to in paragraph 1 shall cooperate with one another in formulating
joint recommendations. They shall also consult the relevant Advisory Councils. […]"
In Article 20, Member States are permitted to take non-discriminatory measures within their 12
nautical mile zones for the purposes of conserving and managing fish stocks, and maintaining or
improving the conservation status of marine ecosystems. Once again, where such measures are
liable to affect the vessels of other Member States, they may be adopted:
“only after consulting […] the relevant Advisory Councils”
Article 44 sets out in more detail the process by which Advisory Councils are consulted, either
by the Commission or Member States.
Whenever Advisory Councils are consulted – be it on joint recommendations, or in respect of
other measures - their advice is legally required to be taken into account. This is clear from the
wording of Article 44(3). Article 44(4) sets out certain further requirements in respect of the
process that must be followed when conducting a consultation: a reply to the information
received must be given within 2 months, and, if the final measures adopted are not the same as
the Advisory Council has proposed, detailed reasons for the divergence must be provided.

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III. GUIDELINES FOR A MEMORANDUM OF UNDERSTANDING
A Memorandum of Understanding (MOU) is required of an agency when an application for
funds includes an explicit non-financial collaboration with partnering organizations. The MOU
provides documentation that demonstrates the organizations have consulted and coordinated
the responsibilities of their grant activities.

The following elements should be considered when constructing an MOU:

 Describe each partner agency;

 State the purpose of the MOU;
 Clearly describe the agreed upon roles and responsibilities each organization or agency
will be providing to ensure project success. The roles and responsibilities should align
with project goals, objectives and target outputs;
 Identify the staff responsible for completing the specific responsibilities, this should
include meeting CVSD reporting requirements;
 Describe how the collaboration/partnership benefits the project;
 Describe the resources each partner would contribute to the project. This can be
contributing staff time, making in-kind contributions, delivering services, offering
training or expertise, etc.;
 Provide a statement that the lead agency accepts full responsibility for the performance
of the collaborative organizations/agencies; and
 The MOU must be signed by all partners. Signatories must be officially authorized to
sign on behalf of the agency and include title and agency name.

WHEN DO I NEED A MEMORANDUM OF UNDERSTANDING?

A MEMORANDUM OF UNDERSTANDING should be used when you submit a

request for application involving a collaborative partner(s)

that agrees to provide a non-financial exchange that will enhance the project. Examples
include: a work station for an out-stationed advocate or training for staff/volunteers.

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 SAMPLE FORMAT AND CONTENT

MEMORANDUM OF UNDERSTANDING

All italicized sentences are considered instructions and should be deleted prior to the
submission of the final MOU.

This Memorandum of Understanding (MOU) is entered into by and between: Provide the
agency name and a brief description of each agency.

A. Purpose. State the purpose of the MOU. Include statements that explain how the
collaborative relationship enhances or benefits the Applicant’s program;

B. Roles and Responsibilities. Clearly describe and delineate the agreed upon roles and
responsibilities each organization or agency will be providing to ensure project success. The
roles and responsibilities should align with project goals, objectives and target outputs. This
may be contribution of staff time, in-kind contributions of space or materials, delivery of
program services, provision of training or staff expertise, etc.

Agency A agrees to:

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 Responsibility/Activity Responsibility/Activity

Agency B agrees to:

Responsibility/Activity Responsibility/Activity

C. Reporting Requirements. Describe who will be responsible for collecting, collating and
submitting data as per the project target outputs and outcomes.

D. Timeframe. Clearly state the time period that this MOU will be in effect.
This MOU will commence on and will dissolve at the end of the
grant funding period on .

F. Confidentiality.

In order to ensure the safety of clients, all parties to the Memorandum of Understanding agree
to adhere to the confidentiality expectations as outlined in the Grant Agreement.

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The designated lead agency accepts full responsibility for the performance of the collaborative
organizations/agencies.

This Memorandum of Understanding is the complete agreement between

and and may be amended only by written
agreement signed by each of the parties involved.

The MOU must be signed by all partners. Signatories must be officially authorized to sign on
behalf of the agency and include title and agency name.

AGENCY A

Authorized Official:

Signature Printed Name and Title

Address:

Telephone(s):

E-Mail Address:

AGENCY B
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Authorized Official:

Signature Printed Name and Title

Address:

Telephone(s):

E-Mail Address:

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