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BAC Membership

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BAC Membership

Post by rema1574 on Wed May 27, 2009 6:26 pm

situation: Our chairwoman went on leave and is still on leave (two month-leave). A replacement that would sit as member until the chairwoman's return was signed by the CEO since our BAC has only five (5) members. Do we need to remove the Chairwoman's name (marked "on leave") and add "Acting Chairwoman" (since the vice-chair is also a woman) under the Vice-chair's name on our resolutions and abstract? Our local COA commented that placing the name of the Chairwoman who is on leave and of the replacement member may tend to confuse them particularly on the quorum issue. Any thoughts regarding the matter? If the person on leave were only a member, we could no doubt erase his/her name as member and be replaced by the new one. However, it's the chairwoman herself we're talking about. Our COA is asking that we give them until Monday to clarify the concern but hopefully the forum can enlighten us sooner.
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Re: BAC Membership

Post by engrjhez® on Wed May 27, 2009 9:02 pm

rema1574 wrote:situation: Our chairwoman went on leave and is still on leave (two month-leave). A replacement that would sit as member until the chairwoman's return was signed by the CEO since our BAC has only five (5) members. Do we need to remove the Chairwoman's name (marked "on leave") and add "Acting Chairwoman" (since the vice-chair is also a woman) under the Vice-chair's name on our resolutions and abstract? Our local COA commented that placing the name of the Chairwoman who is on leave and of the replacement member may tend to confuse them particularly on the quorum issue. Any thoughts regarding the matter? If the person on leave were only a member, we could no doubt erase his/her name as member and be replaced by the new one. However, it's the chairwoman herself we're talking about. Our COA is asking that we give them until Monday to clarify the concern but hopefully the forum can enlighten us sooner.
For Local Government Units, Sec.11.2.2 applies:

  • "...The local chief executive shall designate the members of the BAC. The members shall elect among themselves who shall act as the Chairman and Vice-Chairman."

This means that only the Local Chief Executive could assign a BAC member (as mandated by Sec.11.1). In your case, (temporary) absence of the BAC Chairperson can be "business as usual" for the BAC (Sec.12.3):

  • "A majority of the total BAC composition as designated by the head of the procuring entity shall constitute a quorum for the transaction of business, provided that the presence of the Chairman or Vice-Chairman shall be required."


In case of meetings and votings, the absent/on-leave BAC member may be represented subject to the provisions of Sec.12.4:

  • "The Chairman or, in his absence, the Vice-Chairman, shall preside at all meetings of the BAC. The decision of at least a majority of those present at a meeting at which there is quorum shall be valid and binding as an act of the BAC: Provided, however, That the Chairman or, in his absence, the Vice-Chairman, shall vote only in case of a tie. Observers and representatives of BAC members shall have no right to vote during BAC meetings, nor shall the representatives of BAC members be authorized to sign in behalf of the members represented."

So, there is actually no need to replace or erase the name of the BAC Chairperson just because she is on leave. Moreover, the Vice Chairperson need not be assigned as a Chairman for the same reason. The Vice Chairman can freely exercise her presiding authority in the absence of the Chairperson. The last sentence should be self-explanatory. The representative (of the Chairperson, if any) shall have no right to sign for the name he/she represents. You may simply put ON-LEAVE over the name of the Chairperson in the Abstract and Resolutions. Very Happy
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Re: BAC Membership

Post by icecastle98 on Thu May 28, 2009 12:25 pm

I would like to ask if our Accountant II who also approves voucher in my absence for payment of goods and services procured can be designated as BAC Secretary without relieving her of her present duties as Accountant II. What if she is relieved of her present functions and concentrate as BAC Secretary, is it allowed?
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Re: BAC Membership

Post by rema1574 on Thu May 28, 2009 1:09 pm

The replacement member does not act as the chair's representative but as a separate member with voting power. The members see it this way: The chairwoman is still a member, though on leave, but because of an E.O. made by our Mayor that a replacement member be assigned ( not a representative) to take her place until her return affords him the same voting power as with the other members as well; The chairwoman's name be marked as "on leave", the E.O. as attachment/support, and the new member's name marked, "as replacement for Ms. X (chairwoman) while "on leave." I know it's such a very minor issue really but the COA considers it a dilemma that it has become our dilemma too (delayed payments). So from five (5) members, do we still have five (5) or six (6) 'coz the issue was the quorum? thank you very much! bom
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Re: BAC Membership

Post by RDV @ GP3i on Thu May 28, 2009 1:26 pm

rema1574 wrote:situation: Our chairwoman went on leave and is still on leave (two month-leave). A replacement that would sit as member until the chairwoman's return was signed by the CEO since our BAC has only five (5) members. Do we need to remove the Chairwoman's name (marked "on leave") and add "Acting Chairwoman" (since the vice-chair is also a woman) under the Vice-chair's name on our resolutions and abstract? Our local COA commented that placing the name of the Chairwoman who is on leave and of the replacement member may tend to confuse them particularly on the quorum issue. Any thoughts regarding the matter? If the person on leave were only a member, we could no doubt erase his/her name as member and be replaced by the new one. However, it's the chairwoman herself we're talking about. Our COA is asking that we give them until Monday to clarify the concern but hopefully the forum can enlighten us sooner.

Considering that you are an LGU, the members will have to elect from among themselves who will act as the acting Vice-Chairman, since the Vice-Chairman assumed as Acting Chair.

For purposes of the preparation of BAC Resolutions or the Abstract of Bids, i dont see any problem if over the name of the Chairperson, the note "ON LEAVE" is indicated and under the name of the replacement member the note "VICE MEMBER ON LEAVE" is also indicated.

Any member, not only the Chairperson, on leave will be restored to his membership on his/her return and therefore his/her name should not necessarily be deleted from the Resolution. For purposes of determining quorom, I dont think there will be confusion if there is proper indication that one is on leave or one is a replacement of one who is on leave.
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Re: BAC Membership

Post by rema1574 on Thu May 28, 2009 3:25 pm

But the COA said that the BAC doesn't need the election yet since there was no resignation, only a leave of absence...the Vice-Chairwoman will automatically sit as acting Chairwoman... in case the Vice would not be present, then, there would be postponement of meetings and biddings until the Vice Chair would be present...
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Re: BAC Membership

Post by RDV @ GP3i on Thu May 28, 2009 4:33 pm

rema1574 wrote:But the COA said that the BAC doesn't need the election yet since there was no resignation, only a leave of absence...the Vice-Chairwoman will automatically sit as acting Chairwoman... in case the Vice would not be present, then, there would be postponement of meetings and biddings until the Vice Chair would be present...

I am quite surprised why the COA auditor is interfering in the composition of the BAC. If you want to elect for a temporary Vice-Chair so that the meetings/bidding process will not be delayed if the Acting chair is absent, rather than postpone the meetings or delay the bidding process, I dont think COA could prevent that. But if you want to follow COA's advice, I dont see any problem, except that when the acting Chair is absent then you cannot proceed because there will be no presideng officer.
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Re: BAC Membership

Post by engrjhez® on Thu May 28, 2009 6:23 pm

RDV wrote:
rema1574 wrote:But the COA said that the BAC doesn't need the election yet since there was no resignation, only a leave of absence...the Vice-Chairwoman will automatically sit as acting Chairwoman... in case the Vice would not be present, then, there would be postponement of meetings and biddings until the Vice Chair would be present...

I am quite surprised why the COA auditor is interfering in the composition of the BAC. If you want to elect for a temporary Vice-Chair so that the meetings/bidding process will not be delayed if the Acting chair is absent, rather than postpone the meetings or delay the bidding process, I dont think COA could prevent that. But if you want to follow COA's advice, I dont see any problem, except that when the acting Chair is absent then you cannot proceed because there will be no presideng officer.
I agree with RDV. COA, which is supposed to be an independent constitutional body must not intercede with the process, and more, to the decisions of the BAC, in the same manner the HOPE is also barred. Only when discrepancies and violations were created when the COA should act or when there is a need to correct a misaligned procedure (but not to the point it affects the decisiveness of the BAC). The "acting" of an absent chair or vice-chair may be elected at any time as long as there is quorum.
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Re: BAC Membership

Post by engrjhez® on Thu May 28, 2009 6:35 pm

rema1574 wrote:The replacement member does not act as the chair's representative but as a separate member with voting power. The members see it this way: The chairwoman is still a member, though on leave, but because of an E.O. made by our Mayor that a replacement member be assigned ( not a representative) to take her place until her return affords him the same voting power as with the other members as well; The chairwoman's name be marked as "on leave", the E.O. as attachment/support, and the new member's name marked, "as replacement for Ms. X (chairwoman) while "on leave." I know it's such a very minor issue really but the COA considers it a dilemma that it has become our dilemma too (delayed payments). So from five (5) members, do we still have five (5) or six (6) 'coz the issue was the quorum? thank you very much! bom
The way I see you statement, the "replacement member" is actually another member. If you have originally five (5) BAC members, and then one (1) filed a leave of absence (say a month), the BAC can still proceed even when there is only "physically" four (4) members. The absence of the member that filed a LOA does not remove his/her membership but rather in "abstained" mode only. As long as not half of the number of BAC members were on leave, quorum may still be attained, and "business is as usual" for BAC. Very Happy
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Re: BAC Membership

Post by engrjhez® on Thu May 28, 2009 6:48 pm

icecastle98 wrote:I would like to ask if our Accountant II who also approves voucher in my absence for payment of goods and services procured can be designated as BAC Secretary without relieving her of her present duties as Accountant II. What if she is relieved of her present functions and concentrate as BAC Secretary, is it allowed?
Please see a similar discussion on this query here.

Regarding the qualifications and functions of the Secretariat, click here.

In the case when a permanent BAC Secretariat (sole function as BAC Secretary) is to be established, see a similar topic here.
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engrjhez®
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Re: BAC Membership

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