Constitution

CONSTITUTION

1.0       NAME The name of the Committee shall be the Blantyre Community Committee (hereinafter called “The Committee”).

2.0    OBJECTS The Committee is established on Wednesday 18th April 2012 for the purposes:

2.1    To relieve poverty, improve community engagement, togetherness and participation and to promote the benefit of all inhabitants of the town of Blantyre, South Lanarkshire (hereinafter described as “the area of benefit”) without distinction of age, sex, race, political, religious or other opinion, by associating the statutory authorities, voluntary organizations and inhabitants in a common effort to advance education, improve aesthetic standards, and to provide communal facilities in the interests of social welfare, for recreation, fun, environmental or other leisure- time occupation with the object of improving the conditions of life for the said inhabitants;

2.1.2 To establish and promote a local campaign for the enhancement of current festive lighting and with a view of raising funds to provide a community switch on event (hereinafter called ‘the Christmas Wish Campaign’) and to maintain the campaign ensuring it co­ operates with any local statutory authority in the maintenance and management of such activities promoted by the Committee and its constituent bodies in furtherance of the above objects. To also identify and establish any other community cause that is fitting with the objectives noted above.

2.2    In furtherance of the above objects, but not further or otherwise, the Committee may:

2.2.1 Provide through local fundraising, donation or otherwise secure the provision of community campaigns to benefit the entire community ensuring this includes minority groups, elderly and disabled people who live within the area of benefit;

2.2.2 Promote the awareness to other individuals and businesses, the objectives and existence of the Committee;

2.2.3 Provide, maintain and equip, or assist in the provision, maintenance and equipment of the Committee by lease or hire of community resource premises and facilities suitable to carry out the objects of the Committee;

2.2.4 Promote and carry out, or assist in promoting and carrying out research, surveys and investigations, and publish the useful results thereof;

2.2.5 Organize or assist in organizing meetings, lectures, classes and exhibitions and publish or assist in publishing reports, periodicals,

3.1.1 Obtain collect and receive money by way of grants, fundraising, donations, bequests, legacies or other lawful method, provided that the Committee may not engage in any form of permanent trading;

Receive money on deposit or loan and borrow or raise money in such a manner as the Committee shall think fit subject to such consents as many be required by law; Invest the monies of the Committee not immediately required for the furtherance of the said objects in or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) as may for the time being be imposed or required by law;

Recruit and train volunteers with relevant skills to carry out the objects of the Committee;

Employ and pay any person or persons, not being a member of the Management Committee referred to below (“the Committee”), to supervise, organize and carry on the work of the Committee and make all reasonable and necessary provision for the payment of remuneration to employees;

Promote and organize co-operation in the achievement of the above objects and to that end to work in association with local authorities and voluntary organizations engaged in the furtherance of the above objects in the area of benefit;

Do all such other lawful things as may be necessary for the attainment of the above objects or any of them.

MEMBERSHIP 

Membership of the Committee shall be open to the following, irrespective of political party, nationality, religion or political opinion:

People aged sixteen years or over living within the area of benefit who subscribe to the objects of the Committee and whose applications for membership are accepted by the Committee; such members shall be called Individual Members and shall be entitled to vote at meetings of the Committee;

With the exception of Chairperson, Secretary and Treasurer positions, membership can be transient by means of attending public Committee meetings as and when it suits the individual.

Junior Members of the Committee aged 15 years and under shall be permitted to be part of the Committee and express any opinion, but will not be entitled to present votes.

3.1.2 Organizations within the area of benefit, whether voluntary or statutory, may upon application to and with the approval of the Committee be admitted as Affiliated Members and such approval shall not be unreasonably withheld;

3.1.3 Well-wishers anywhere or persons who, in the opinion of the Committee, have special knowledge or experience to offer to the Committee; such members shall be called Associate Members and shall have the right to vote at meetings of the Association. This excludes any member of South Lanarkshire Council or any political party, who relinquish all entitlement to vote within the Committee.

3.2    Affiliated members shall each be entitled to be represented at meetings of the Committee by a duly authorised representative with power to vote on behalf of the Affiliated Member.

3.3    The Committee shall ensure membership is kept free of charge and with sufficient reason to terminate the membership of any member provided that the member concerned shall have the right to be heard by the Committee before a decision is made.

4.0    MANAGEMENT COMMITTEE

4.1    Except as provided otherwise in this Constitution the policy and general management of the affairs of the Committee shall be directed by the Committee which shall meet not less than 4 times a year and shall consist of not less than 3 members of the Committee, elected and renewed annually at an Annual General Meeting. (hereafter called AGM)

4.2    Nominations may be self nominated from full members of the Committee, recorded in minutes of meeting by the Secretary and should be reviewed, assessed and then elected by the members attending the annual AGM.

4.3    Should the number of nominations exceed the number of vacancies, election shall be by secret ballot of the members of the Committee present and voting at an Annual General Meeting.

4.4    Should the number of nominations be less than the number of vacancies, further oral nominations may with the approval of the Annual General Meeting be invited from members present and voting at the said Annual General Meeting.

4.5    The Committee elected at an Annual General Meeting shall have the power to co-opt further members, who shall be individual Members, [Associate Members] or representatives of Affiliated Members and who shall serve until the conclusion of the next following Annual General Meeting PROVIDED THAT the number of co-opted members shall not exceed one third of the total membership of the Committee. Co-opted members shall have the right to vote.

4.6    The Chairperson, Secretary and Treasurer, who shall be the Honorary Officers of the Association, shall be full Individual Members of the Committee and shall be elected annually by and from the members of the Committee at their first meeting following the Annual General meeting. The office of Chairperson shall not be held by any one person for more than 3 consecutive years. For clarity, the elected positions of Chair, Secretary and Treasurer are annually reviewed, and may be terminated by given notice of 1 month. Should this occur, subsequent re-voting at the next available meeting will take place.

4.7    Any Honorary Officer of the Committee who fails to attend 3 consecutive Committee meetings without reasonable excuse shall lose her/his place on the Committee which may be filled by co-option in accordance with Clause 4.5 and 4.6 above.

4.8    Local Councillors, reporters or trustees/patrons (if appointed) shall be notified of and shall be entitled to attend all meetings of the Committee but shall not have the power to vote.

5.0    FUNCTIONS OF THE COMMITTEE

5.1    The Committee may make such regulations as its members consider appropriate for the efficient conduct of the business of the Committee.

5.2    The Committee may appoint secondary positions to assist as its members consider necessary on such terms and conditions as they may determine.

5.3    The Committee may appoint sub-committees, advisory groups or working parties of its own members and other persons as it may from time to time decide necessary for the carrying out of its work and may determine their terms of reference, duration and composition. All such sub-committees shall make regular reports on their work to the Committee.

5.4    The proceedings of the Committee shall not be invalidated by any failure to elect or any defect in the election, appointment, co-options or qualifications of any member.

6.0    CHAIRING MEETINGS

6.1    All meetings of the Committee or of any of its sub-committees shall be presided over by its Chairperson, or in his/her absence, its Secretary or Treasurer. If none are present, those present may elect one of their number to take the Chair. [The Chairperson of any meeting shall have a second or casting vote].

7.0    FINANCE

7.1    All monies raised by or on behalf of the Committee shall be applied to further the objects of the Committee and for no other purpose PROVIDED THAT nothing herein contained shall prevent the payment of legitimate out-of-pocket expenses to members of the Committee engaged upon the approved business of the Committee.

7.2    The Honorary Treasurer shall keep proper accounts of the finances of the Committee. This can simply be bringing along a Committee recent bank statement to the next meeting.

7.3    The financial year of the Committee shall run from 1 April to 31 March.

7.4    The accounts shall be audited at least once a year by an auditor, volunteer account or auditors who shall be appointed at the Annual General Meeting.

7.5    An audited statement of accounts for the last financial year shall be submitted by the Committee to the Annual General Meeting.

7.6    A bank account shall be opened in the name of the Committee with Royal Bank of Scotland or with such other bank as the Committee shall from time to time decide. The Committee shall authorise in writing the Honorary Treasurer and 2 members of the Committee to sign cheques on behalf of the Committee. All cheques for outgoing payments must be signed by not less than 2 of the 3 authorised signatories.

8.0    TRUST PROPERTY

8.1    The Committee may appoint and may terminate the appointment of not less than 3 people to act as Trustees for the purpose of holding any monies or property belonging to the Committee. The title to all or any such real and/or personal property which may be required by or for the purposes of the Committee shall be vested in the Trustees who shall hold such property in trust for the Committee. The Trustees shall act under the instructions of the Committee who shall, subject to the approval and consent of the Committee as determined by a General Meeting, have power to fill vacancies among the Trustees.

9.0    ANNUAL GENERAL MEETING

9.1    [The first Annual General Meeting of the Committee shall be held not later than mid April 2012 and in each year thereafter]. An Annual General Meeting of the Committee shall be held at such place and time (not being more than 15 months after the holding of the preceding Annual General Meeting) as the Committee shall determine.

9.2    At such an Annual General Meeting the business shall include the following:

9.2.1 The election of members to serve on the Committee;

9.2.2 The appointment of an auditor or auditors;

9.2.3 The consideration of an Annual Report of the work done by or under the auspices of the Committee;

9.2.4 The consideration of the audited accounts;

9.2.5 The transaction of such other matters as may from time to time be considered necessary.

10.0  SPECIAL GENERAL MEETING

10.1  The Committee may at any time at its discretion and shall upon a requisition signed by not less than 10 members, having the power to vote and giving reasons for the request, call a Special General Meeting of the Committee for the purpose of altering the Constitution in accordance with Clause 12 hereof or of considering any matter which may be referred to them by the Committee or for any other purpose.

11.0  RULES OF PROCEDURE AT ALL MEETINGS Voting

11.1  Subject to the provisions of Clause 12 hereof all questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote thereat. [In case of an equality of votes the Chairperson shall have a second or casting vote].

Minutes

11.2  Minute books shall be kept by the Committee and all sub committees and the appropriate Secretary shall enter therein a record of all proceedings and resolutions. These will be published no later than 14 days following the meeting to the Committee website http://www.facebook.com/BlantyreCommunityCommittee

Quorum

11.3  The quorum at General Meetings of the Association shall be 10 and at meetings of the Committee shall be 10 or such other numbers as the Committee may from time to time determine.

Standing Orders

11.4  The Committee shall have power to adopt and issue Standing Orders and/or Rules for the Committee. Such Standing Orders and/or Rules shall come into operation immediately PROVIDED ALWAYS THAT they shall be subject to review by the Committee in General Meeting and shall not be inconsistent with this Constitution.

12.0  ALTERATIONS TO THE CONSTITUTION

12.1  Any alterations to this Constitution shall receive the assent of not less than two thirds of the members of the Committee present and voting at the Annual General Meeting or a meeting specially called for the purpose PROVIDED THAT notice of any such alteration shall have been received by the Honorary Secretary in writing not less than 21 clear days before the meeting at which the alteration is to be brought forward.

12.2  At least 14 clear days notice in writing of the meeting setting forth the terms of the alteration to be proposed shall be sent by the Honorary Secretary to each member of the Committee PROVIDED FURTHER THAT no alteration shall be made which would cause the Committee to cease to be a charity at law.

13.0  DISSOLUTION

13.1  If the Committee by a simple majority decides at any time that on the grounds of expense or otherwise it is necessary or advisable to dissolve the Committee, they shall call a meeting of full members of the Committee which must be attended by Chairperson, Secretary and Treasurer.

13.2  If such decision shall be confirmed by a simple majority of those present and voting at such meeting the Committee shall have power to dispose of any assets held by or in the name of the Committee.

13.3  Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Committee as the Committee may decide. Before this is occurs, consideration must be given if an of these funds belong rightfully to other parties or councils.

14.0  INDEMNITY

14.1     Although not a requirement, the Committee may wish to indemnify and keep indemnified every officer, member, volunteer and employee of the Committee from and against all claims, demands, actions and proceedings (and all costs and expenses in connection therewith or arising therefrom) made or brought against the Committee in connection with its activities, the actions of its officers, members, volunteers or employees, or in connection with its property and equipment but this indemnity shall not extend to liabilities arising from willful and individual fraud, wrongdoing or wrongful omission on the part of the officer, member, volunteer or employee sought to be made liable. The Treasurer shall consider effect a policy of insurance in respect of this indemnity for any large public event where an appropriate level of risk prevails. The Committee may assess the importance of indemnity at each AGM.