Constitution

 

 

The constitution was adopted on the                  day of                                 2007

 

1.                  NAME

 

The name of the Association shall be Baswich Community Group ('The Association')

 

2.                  OBJECTS

 

Our aim is to protect and improve the quality of life for all those living and working in the Baswich area.

 

 

 

 

 

3.                  POWERS

 

In furtherance of the objects but not otherwise the Executive Committee may exercise the following powers:

a)                  Power to raise funds and invite and receive contributions

b)                  Power to organise activities, events, lectures, discussions and to produce leaflets and other publicity material.

c)                  Power to consult the public by arranging meetings and surveys.

d)                  Power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects and to exchange information and advice with them.

e)                  Power to do all such other lawful things as are necessary for the achievement of the objects.

 

4.                  MEMBERSHIP

 

a)                  Full membership of the Association shall be open to all persons aged 18 years or over interested in furthering the objects.

b)                  Junior membership of the Association shall be open to all persons under the age of 18 years interested in furthering the objects.  Junior members will not be entitled to vote at meetings or to become members of the Executive Committee.

c)                  The Executive Committee may for good and sufficient reason terminate the membership of any individual, provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision has been made.

 

5.                  SUBSCRIPTION

 

All members shall pay such subscription, as the Annual General Meeting shall from time to determine.

 

 

 

 

 

 

 

6.                  EXECUTIVE COMMITTEE

 

a)                  The Association shall be managed by an Executive Committee to be elected annually at the Annual General Meeting.

b)                  The Executive Committee shall consist of a Chairperson, Secretary, Treasurer ('the Officers') and not more than 15 other members.

c)                  If vacancies occur among the Officers, the Committee shall have the power to fill them from among its members.

d)                  The Committee may co-opt up to three full members of the Association to serve on the Committee until the next Annual General Meeting.

e)                  All members of the Executive Committee shall retire from office at the annual general meeting following the date on which they came into office but they may be re-elected or re-appointed.

 

7.                  EXECUTIVE COMMITTEE MEETINGS

 

a)         The Executive Committee shall hold at least eight ordinary meetings each year.

b)                  There shall be a quorum when at least one third of the members of the Committee or four members of the Committee, whichever is the greater, are present at a meeting.

c)                  Every matter shall be determined by a majority of the members of the Executive Committee present and voting.  In case of equality of votes the Chairperson shall have a second or casting vote.

d)                  Minutes shall be kept as a record of the proceedings of the meeting of the Committee and any of its sub-committees.

e)                  The Executive Committee may appoint one or more sub-committees providing that all acts and proceedings of the sub-committees shall be fully and promptly reported to the Executive Committee and may in addition co-opt up to 2 further people who are full members of the Association.

 

8.                  ANNUAL GENERAL MEETING

 

a)         There shall be an annual general meeting, which shall be held as soon, as practicable after the end of the Association's financial year.  Members shall be given at least 14 days notice.

b)                  The Executive Committee shall present the report and accounts of the Association for the preceding year.

c)                  Nominations for election to the Executive Committee must be made by members of the Association in writing before the commencement of the meeting.

d)                  The quorum at the general meeting shall be 10 members, or one quarter of the members, whichever is the greater.

 

9.                  GENERAL AND SPECIAL GENERAL MEETING

 

The Executive Committee may at any time call a general or a special general meeting of the Association stating the business to be discussed.  A special meeting may also be called by the Secretary if a written request is received from at least 10 members.  At least 14 days notice shall be given for special general meetings.

 

 

 

 

 

10.              FINANCE

 

a)                  All monies raised by or on behalf of the Association shall be applied to further the objects of the Association and for no other purpose PROVIDED THAT nothing herein contained shall prevent the repayment to members of the Executive Committee of reasonable out of pocket expenses.

b)                  The funds of the Association including all donations, contributions and bequests shall be paid into an account operated by the Executive Committee as shall from time to time decide.

c)                  The Executive Committee  shall authorise the Treasurer, the Secretary and two members of the Executive Committee  to sign or authorise all cheques drawn on the account and must be signed by not less than two of the four authorised signatories and must be approved by the Executive Committee.

d)                  The Executive Committee shall comply with the obligations for trustees under the Charities Act 1993 (or any statutory re-enactment of modification of the Act) with regard to:

i.                     The keeping of accounting records

ii.                   The preparation of annual statements of account

iii.                  The auditing or independent examination of the statements of account.

 

11.              AMENDMENTS

 

Any amendment to the constitution shall require the approval of a two-thirds majority of those present and voting at the General Meeting at which it is discussed.  Any resolution for the amendment of the constitution must be received by the Secretary at least 21 days before the meeting at which the resolution is to be brought forward.

 

12.              DISSOLUTION

 

a)                  The Association may be dissolved at a Special General Meeting called for that purpose and must be advertised 14 days before the meeting.

b)                  Such proposals to dissolve the Association shall take effect only if agreed by a two-thirds majority of members present and voting at the meeting.

c)                  Surplus funds of the Association, if it is dissolved, shall be given or transferred to such other charitable institution or voluntary organisation having similar objects as the members of the Association may determine or failing that shall be applied for some other charitable purpose.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.              ARRANGEMENTS UNTIL THE FIRST ANNUAL MEETING

 

Until the first annual general meeting takes place this constitution shall take effect as if references in it to the Executive Committee were references to the persons whose signatures appear at the bottom of this document.

The constitution was adopted on the date mentioned above by the persons whose signatures appear below:

 

Name (Block capitals)	Signature	Position
		Chairman
		Secretary
		Treasurer
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member
		Committee Member

 

 

 

 

 

 

 

 

STANDING ORDERS

 

1          Decision making

 

a)                  Meetings start on time, provided they are quorate, and end after 2 hours, unless the meeting agrees by a simple majority to extend the time, by half an hour.

b)                  When controversial issues are under discussion, the Chair shall ask for motions to be proposed and seconded.

c)                  The Chair shall allow issues to be properly debated which are on the agenda, but should seek the agreement of the meeting for lengthy discussion on items that have not been allowed, for example, a matter arising from a minute or an item of any other business. The Chair has the right to cut short contributions which unnecessarily prolong debate or because the meeting will not have enough time for other items on the agenda.

d)                  When there is no clear consensus on a proposal, the Chair shall take a vote at the end of the discussion. Any voting member may call for a vote on a proposal if the Chair fails to do so.

e)                  Votes take place by a show of hands and the Chair gives the result. Any voting member may query the result, and if this happens, the Chair shall take the vote again and ask another member to recount.

f)                    Amendments to proposals shall be proposed and seconded before they can be discussed. Discussion of amendments then takes precedence over the original proposal. If consensus or show of hands then rejects the amendment, discussion of the original proposal resumes. Any member may call for a vote on an amendment if there is doubt about support for it.

 

2          Conduct During Meetings

 

a)                  Members shall, at all times, conduct themselves in a reasonable manner at the Association meetings, or in premises used by the Association.

b)                  Members may only speak through the Chair.

c)                  Members may only interrupt another speaker to raise a point of information through the Chair.

d)                  Members may only interrupt the passage of a motion by raising a "Point of Order", for example, to ask for information; to question the truth of a statement; to question the way the discussion is being conducted; or to propose an amendment to the proposal under discussion.

e)                  Any member may ask for the minutes to be read back to clarify the record of the meeting on a particular point. If the record is disputed, the Chair may direct the record to be amended by agreement with the meeting.

f)                    In the event of a "vote of no confidence" being proposed in the Chair, or any other Officer, this must be seconded and if carried by a simple majority of those present and voting, the Officer concerned shall cease to carry out his or her duties for the remainder of that meeting only.

 

3          Conduct of Committee Members

 

a)                  Committee Members shall, at all times, abide by decisions that have been properly made at meetings of the Association.

b)                  When dealing with any other groups, agencies or individuals the Committee Members of the Association shall ensure that any views they put forward are those which have been agreed at properly convened meetings of the Association. Committee Members expressing personal opinions outside of the Association meetings must ensure that they do so strictly in a personal capacity and not in situations where they are representing the Association.

c)                  Committee Members must not use official Association stationery to send out correspondences expressing personal viewpoints which have not been agreed on by the Association meetings.

d)                  Committee Members shall ensure that at all times when they are representing the Association their conduct (e.g. behaviour, language, etc) is reasonable, honest, and in accordance with the constitution, standing orders, and policy decisions of the Association.

 

4          Disciplinary Procedures

 

a)                  Any Member of the Association who has reason to believe that another Member has acted against the constitution, standing orders or policy decisions, of the Association may make a complaint to the Association Committee. The complaint may be put to any Member of the Association Committee. It is the responsibility of that Committee Member to ensure that the complaint is brought before a meeting of the Committee within 28 days of the complaint being made.

b)                  Within 14 days of receiving a complaint, the Committee should inform, in writing, the Member about whom a complaint has been made about, the nature of the complaint and the date of the meeting at which it will be considered.

c)                  In considering a complaint, the Committee may ask the Member who has complained, the Member who is the subject of the complaint, any other Association Member, or any other person who has relevant knowledge of the complaint, to attend the Committee Meeting to put their case and answer questions. The Committee may consider correspondence and any other relevant material pertaining to the complaint.

d)                  Any Member making a complaint, and any Member who is the subject of the complaint, shall have the right to attend the Committee meeting and shall be given a reasonable amount of time to put their case.

e)                  Anyone who has been asked to attend the meeting to give information and who is not a Committee Member, shall leave the meeting after putting forward information and answering any questions.

f)                    If the Member about whom a complaint has been made is a Committee Member, he or she shall leave the meeting after putting forward his or her case and answering questions. A Committee Member of the Association about whom a complaint has been made shall not take part in making the decision about whether or not the complaint is upheld.

g)                  Where the original complaint was made by a Member of the Committee, that person shall leave the Committee meeting after putting his or her case and answering questions, and shall not take part in making the decision about whether or not the complaint is upheld.

h)                  The Committee shall take a vote to decide, by a simple majority, whether or not the complaint is upheld.

i)                    The Committee shall decide on further action from the following options:

i.                     Written reprimand to the Member concerned.

ii.                   Member concerned to be suspended from membership of the Association for a period of time to be specified by the Committee; the suspension to take effect as soon as the member is informed in writing, and to run for not more than six months.

iii.                  Member concerned to be suspended from holding an Officer or Committee position until the AGM; at which time he or she will be entitled to stand for re-election provided that he or she is nominated and seconded. The Member must not carry out Officer or Committee duties whilst suspended, but retains ordinary membership of the Association.

iv.                 Member concerned to be expelled from membership of the Association. Membership to be terminated with effect from the day that the Member concerned is informed in writing of the expulsion. A Member who has been expelled from the Association may apply to the Committee for new membership after a one-year period has elapsed from the date of expulsion. The Committee shall take a vote and shall decide, by a simple majority, whether or not the expelled Member shall be allowed to rejoin.

j)                    A Member about whom a complaint has been made shall be informed in writing of the decision of the Committee, and the reasons for that decision, within 7 days of the meeting that made the decision taking place.

k)                  An Association Member who has been suspended or expelled under the above procedure has 14 days from the date that he or she received notification of the disciplinary decision in which to state, in writing to the committee, that he or she wishes to appeal.

l)                    If a Member who has been disciplined requests an appeal, the Committee shall organise, within 28 days, a Member's Appeal Meeting. All members of the Association shall be given 14 days notice of a Member's Appeal Meeting. All members of the Association shall be entitled to attend the meeting: voting rights shall be the same as those for an AGM.

m)               The quorum for a Member's Appeal Meeting shall be 25 members. If the meeting is inquorate, the Committee decision stands. A further Member's Appeal Meeting will not be called if the first meeting organised is inquorate. In those circumstances, the Committee's decision stands.

n)                  At a Member's Appeal Meeting a representative of the Committee shall explain to the meeting the disciplinary action taken and the reasons for it. The Member who has been disciplined shall explain his or her case. Both parties may ask any other person who has relevant knowledge of the circumstances, (whether a member of the Association or not), to speak to the meeting and answer questions. A vote shall be taken to decide, by a simple majority of those present at the meeting, whether or not the Committee's disciplinary decision is upheld.

o)                  If a Committee Member of the Association is suspended or expelled through these disciplinary procedures, the Committee may appoint a replacement to hold the position until the AGM.

p)                  A Member who disagrees with the disciplinary decision made by the Committee is entitled to request one Member's Appeal Meeting. The decision of the Member's Appeal Meeting is final.