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Wednesday 3 September 2014

BSACC Constitution as of 3rd September 2014

Broad Street Area Community Council Constitution


NAME: The Name of the Organisation shall be the Broad Street Area Community Council
(hereinafter called the ‘Community Council’)

OBJECTS


1) The community council is established for charitable objects and purposes only.

2) In particular The community council is established to promote the benefit of the inhabitants of the community council area and its immediate environs, without distinction of age, sex, race, political or religious or other opinions, by associating the statutory authorities, voluntary organisations, institutions, businesses and inhabitants in a common effort to advance education and develop facilities and opportunities in the interests of social well—being with the object of improving the environment and conditions of life of the inhabitants; and to promote all or any objects for the benefit of the community which now or hereafter may be deemed by law to be charitable.

FURTHERANCE OF OBJECTS


In furtherance of the above objects, but not further or otherwise, the Community Council may: obtain, collect and receive money and funds by way of contributions, donations, affiliation fees, subscriptions, legacies, grants and any other lawful method; acquire and hold property, or investments; affiliate to or accept affiliation from any body having objects similar to those of the Community Council; associate with and assist other charitable organisations having objects consistent with the objects of the Community Council; arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures and classes or other functions.

MEMBERSHIP


Full Membership of the Community Council


1) Open to all residents over the age of eighteen, irrespective of tenure, living within the area of benefit (Area as defined in the map attached to this document), subject to an initial attendance of a minimum of four Members meetings in a twelve month period (see clause 2).

2) After an initial attendance of four Members meetings in a twelve-month period, full membership may be applied for by submitting an application form. In order to verify residency, the completed application form must contain full details of the applicants name and address. The Community Council reserve the right to request proof of residency and proof of identity.

3) Full Membership entitles the person to full voting rights when attending Members meetings of the Community Council.

4) Membership shall cease immediately upon a person leaving the area of benefit, or upon their resignation of membership.

Associate Membership of the Community Council


1) The Community Council Executive Committee may offer Associate Membership to a representative of a group or organisation, which operate or work in the area.

2) The Committee shall decide upon the eligibility of any such representative. The decision will be based upon the representative being able to offer specialist skill or knowledge, which is deemed to be of assistance to the work of the Community Council.

3) The Committee shall decide upon the eligibility of the representative by a majority vote of the members present at a committee meeting.

4) Unless the Committee decides otherwise, any associate member will not be entitled to vote at any meetings of the Community Council and the Committee may withdraw the associate membership at any time.

Conditions of Membership


1) All membership shall be free of a financial charge, unless a charge is agreed by a majority vote of the committee at a future meeting.

2) It shall be a condition of membership that all members shall at all times, conduct themselves in a reasonable manner at meetings and in premises used by the Community Council.

3) In the event of continuous or serious breach of Conditions of Membership clause 2, or for any other conduct contravening the objects of the Community Council, membership may be suspended or ended by a majority vote of committee members present at any Committee Meeting.

4) A member whose membership has been suspended in accordance with Conditions of Membership clause 3, shall be entitled to have the suspension reviewed at the next Annual General Meeting.

EXECUTIVE COMMITTEE


1) An Executive Committee (here after called the Committee) shall be elected at the Annual General Meeting (AGM) of the community council by a show of hands or a secret ballot and shall retire annually, but shall be eligible for re-election.

2) The Committee (Including Officers) shall consist of a maximum of 15 full members of the community council, whose duty it shall be to carry out the general policy of, and be subject to, any conditions imposed from time to time by the Community Council, and to provide for the administration, management and control of the affairs and property of the Community Council.

3) Any vacancy on the Committee may, if agreed by a simple majority vote of the Committee by a show of hands or a secret ballot, be filled by a full member of the community council; any person appointed to fill such a vacancy shall hold office until the next Annual General Meeting of the Community Council and shall be eligible for re-election. No more than a total of one-third of the total vacant Committee membership shall be filled in this way during the Committees year of office.

4) Officers of the Community Council shall include, Chair, Vice Chair, Secretary and Treasurer.

5) Officers of the Community Council shall be members of the Committee, but shall serve for a period of three-years and shall be eligible for re-election at the conclusion of their term of office.

6) Any vacancies for Officer roles may be filled by a member of the Committee. This must be agreed by a simple majority vote of the Committee by a show of hands or a secret ballot. Any person appointed to fill such a vacancy shall hold office until the conclusion of the next Annual General Meeting of the Community Council and shall be eligible for re-election. No more than a total of one-half of the vacant officers positions shall be filled in this way during the Committees year of office.

7) Committee members can be voted off if they have not attended three consecutive meetings without good reason and have not submitted their apologies.

8) The Committee shall meet not less than four times a year.

9) Attendance at a committee meeting is by invitation only.

10) The Committee shall publish such standing orders as may from time to time be required for the administration of the Council in furtherance of its objects.

11) The quorum at meetings of the Committee shall be one third of the members, one of whom shall be the Chair, Vice-Chair or the Secretary.

Committee decision making procedures


1) Committee will normally reach decisions by consensus. Where agreement cannot be reached by consensus, a vote will be taken on recommendations to Committee, once all issues relating to them have been discussed.

2) Each Committee member is entitled to one vote.

3) If decisions are not reached by consensus, a majority vote is required for a decision to be agreed. If a majority vote is not reached and the issue must be decided at the meeting, the Chair has a second or ‘casting’ vote. If any members disagree with the final decision, they may have their views noted in the minutes. If a vote is not taken then the issue may be deferred so that additional information or options can be provided.

4) Once a vote has been taken and the outcome determined, the Chair will state the decision made and this will be recorded for the minutes.


Committee co-options


1) If there is a vacant position, the Committee shall have the power, when necessary or deemed appropriate, to co-opt persons who are not residents of the Community Council area to serve on the Committee.

2) The Committee shall decide upon the eligibility of any such co-opted person. The decision will be based upon the co-opted person being able to offer specialist skill or knowledge, which is deemed to be of assistance to the work of the Community Council.

3) The Committee shall decide upon the eligibility of the representative by a majority vote of the members present at a committee meeting.

4) The number of such co-opted persons shall not exceed one-fourth of the total number of members serving on the Committee.

5) Unless the Committee decides otherwise, any such co-opted member shall not be entitled to vote at any meetings of the Community Council.

6) The Committee may withdraw the co-opted persons membership of the Committee at any time.

OTHER COMMITTEES


The Community Council or failing the Community Council, the Executive Committee, may appoint such special or standing Committee as may be deemed necessary and may determine their terms of reference, power, duration and composition.

MEETINGS OF THE COMMUNITY COUNCIL


1) The Annual General Meeting of the Community Council shall be held annually at such time (not being more than fifteen months after the preceding Annual General Meeting) and place, as the Executive Committee shall determine. At least twenty-one clear days’ public notice shall be given by the Secretary, in such manner as shall be laid down by the Community Council. Other meetings shall be held at such times as the Community Council may determine.

2) Public notice shall be given in the form of posters located around the area, notifying residents about any Special General Meeting or the Annual General meeting being called. Notice should include information about the date and venue of the meeting, the meeting agenda and any proposed alterations to the Constitution.

3) Nomination forms for the election of members and Officers onto the Executive Committee shall be available from Officers and other Executive Committee members, and if practical to do so, should be available to download online and delivered to homes within the area.

4) Election of the Executive Committee shall take place by secret ballot of full Members at the Annual General Meeting. To help facilitate this process, if possible two neutral Scrutineers shall be appointed at the start of the meeting, failing that at least one neutral Scrutineer will be acceptable. An election shall only take place if the number of nominations exceeds the number of places available. Should the number of nominations received be less than the number required, then those nominated will be deemed elected.

5) A Special General Meeting of the Community Council may be called at the written request of SIX members or by the Chair of the Community Council or by the Executive Committee. At least 14 days’ clear notice must be given and must clearly state the reasons for calling the meeting in the written communication from those requesting the meeting.

6) At the Annual General Meeting the business shall include the appointment of Auditors and the consideration of an Annual Report of the Community Councils work and of the audited accounts.

7) The quorum at meetings of the Community Council, including the AGM shall be 10 members. In the absence of a quorum, the meeting may be delayed for up to 15 minutes to allow a full quorum to be achieved. Business may be dealt with should there still be a failure to achieve a quorum but any decisions taken will only become valid after ratification at the next meeting at which a quorum exists.

Substitute chair at member’s monthly meetings


In the absence of the Chair, the Vice-Chair will substitute for that particular meeting. In the event that the Vice-Chair is absent, the Secretary will substitute for that particular meeting. In the event that no Officers are able to participate, Members of the Committee present may appoint a Member of the Committee to preside for that meeting.

Attendance of non-members and non-residents at monthly meetings


1) Meetings shall be open to non-members and non-residents to attend (except for discussions of confidential items, as determined by the Chair).

2) Non-members and non-residents are welcome to attend monthly Members meetings as observers, but not to participate. (Unless prior permission has been given by the Chair).

3) Any non-member or non-resident that is unwilling to, or fails to comply with clause 2 will be asked to leave the meeting.

THE COMMUNITY COUNCIL’S YEAR AND AUDIT


The Community Councils year shall run from 01 April to 31 March. Once at least in every year the accounts shall be audited by one or more qualified Auditors.

FINANCE


The income and property of the Community Council, derived whensoever derived, shall be applied solely towards the promotion of the Community Council as set forth in this constitution and no portion thereof shall be paid or transferred directly or indirectly in any manner by way of profit to any member of the Community Council. Provided that nothing herein shall prevent the payment in good faith of reasonable and proper remuneration to any Officer or servant of the Community Council or the repayment of out-of-pocket expenses incurred on the Community Council’s business. The Community Council, or its Treasurer on its behalf, shall cause proper books of account to be kept with respect to all sums of money received and expended by the Community Council and the matters in respect of which such receipts and expenditure take place.

TRUSTEES


The Community Council may appoint and determine the appointment of a custodian trustee or a trust corporation of not less than three persons to act as trustees for the purpose of holding any monies or property belonging to the Community Council.

ALTERATIONS TO THE CONSTITUTION


Alterations to the constitution shall receive the assent of a simple majority of the members of the Community Council present and voting at a Special meeting of the Community Council or at the Annual General Meeting. A resolution for the alteration of the constitution shall be received by the Secretary at least twenty-one clear days before the Meeting at which the resolution is to be brought forward. The Secretary shall give at least fourteen days public notice in writing of such a Meeting and shall include notice of the alterations proposed. Provided that no alteration shall be made to Clause 2 without the prior approval of the Court or the Charity Commissioners or other authority having charitable jurisdiction.

DISSOLUTION


The Community Council may be dissolved at any time by a resolution passed by a two-thirds majority of those present and voting at a meeting of the Community Council of which at least twenty-one clear days public notice shall have been given. Such resolution may give instructions for the disposal of any assets held by or in the name of the Community Council, provided that if any property shall not be paid to or distributed among the members of the Community Council, but shall be given or transferred to such other institution or institutions (having objects similar to some or all of the objects of the Community Council) as the Community Council may, with the approval of the Charity Commissioners or other authority having charity jurisdiction, determine. Such distribution should not take place until three months after the dissolution of the Community Council.


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Constitution adopted 12th December 1972
Amendments made to the constitution 14th July 1994
Amendments made to the constitution 1st December 2010


Constitution amended at a special meeting of the Community Council held on the 3rd September 2014



CONSTITUTIONAL AREA






All roads within the red boundary are in the constitutional area.
Alexandra road
Alfred Street
Armstrong Street
Aylesbury Street
Bathurst Road
Broad Street
Carfax Street
Corporation Street
Colbourne Street
County Road
Elmina Road
Gambia Street
Gladstone Street
Gooch Street
Graham Street
Haydon Street
Lagos Street
Manchester Road
Medgbury Place
Medgbury Road
Merton Street
Ponting Street
Rosebery Street
Salisbury Street
Station Road
Turl Street
Wellington Street
Volta Road

Copse Avenue – no’s 1 to 46
Shrivenham Road
Wills Avenue