Gacapconstitution 2017 - Gacap
GACAPCONSTITUTION 2017 - GACAP
AName
The name of the Organisation is Great Aycliffe Community Aid Partnership (“the Partnership”).
BAims
[1]To help develop the collective ability of Welfare Charities and Agencies (Statutory Voluntary)
In Great Aycliffe to deliver into (but not limited to) their local communities
[2]A commitment for mutual support and sharing the best practice possible.
[3]A commitment to becoming a single point of contact for individuals or groups in need, referrers and our own and the Town’s various member organisations.
[4]That all Partners of GACAP retain their own identities, members, trustees and structures.
[5]Production and maintenance of a comprehensive support and service database.
[6]As and if required by developments the group to seek charitable status and look to becoming a “Statutory Referral Organisation”
CObjectives
The Members objectives are:
[1]Helping individuals and families living within the GACAP area, stricken by crisis disadvantage or ill fortune who can be directed to the best resources or partner within GACAP to satisfy their needs or be able to signpost people to the right source for information, advice and guidance.
[2]That knowledge and resources of GACAP be made available unconditionally to provide a co-ordinated service by the best and most cost effective method of delivery to those in need.
[3]GACAP members will act as a link and draw down support from their partners acting as a referring / first point of contact organisation within but not limited to the Great Aycliffe area.
[4]The membership of GACAP will not entail the questioning or judgement of any aims of other members and to ensure mutual respect for each partner’s agenda is maintained at all times.
[5]Shall be non-political and non-sectarian.
DPowers
In furtherance of the objects but not otherwise the Management Committee may exercise the following powers with the approval of the partners and duly minuted at the earliest time:
iPower to raise funds and to invite and receive contributions provided that in raising funds the Management Committee shall not undertake substantial permanent trading activities and shall conform to any requirements of the law;
iiPower to buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use;
iiiPower subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Partnership;
ivPower subject to any consents required by law to borrow money and to charge all or any part of the property of the Partnership with the repayment of the money so borrowed;
vPower to employ such staff (who shall not be members of the Management Committee) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependents;
viPower to co-operate with other charities, voluntary bodies and statutory authorities operating in the furtherance of the objects or of similar charitable purposes, and to exchange information and advice with them;
viiPower to establish or support any charitable trusts, associations or institutions formed for all or any of the objects;
viiiPower to appoint and constitute such advisory committees as the Management Committee may think fit;
ixPower to do all such other lawful things as are necessary for the achievement of the objects.
EPartners (Members)
[1]Partnership of the Partnership shall be open to:
Any and all organisations who support the object of providing and/or supporting the vision of help to those less fortunate and/or those who have fallen on hard times.
[2]Partners shall have one vote each.
[3]Every Partner shall appoint an individual to represent it and to vote on its behalf at meetings of the Partnership; and may appoint an alternative to replace its appointed representative at any meeting of the Partnership if the appointed representative is unable to attend.
[4]Each Partner shall notify the name of the representative appointed by it and of any alternative to the secretary. If the representative or the alternative resigns from or otherwise leaves the Partnership, he or she shall forthwith cease to be the representative of the member organisation. Each Partner shall receive a copy of the constitution.
[5]The Management Committee may unanimously and for good reason terminate the membership of any individual or Partner organisation: Provided that the individual concerned or the appointed representative of the Partner organisation concerned (as the case may be) shall have the right to be heard by the Partners meeting, accompanied by a friend, before a final decision is made.
FOfficers
At the annual general meeting of the Partnership the members shall elect from amongst themselves aChairperson – Vice Chairperson–Secretary – Assistant Secretaryand Treasurer as Executive Officers.
GManagement Committee
[1]Theday to day affairs of the Association shall be controlled by a Management Committee comprising the Executive Officers of the Association and between 1 and 4 other members elected from, and by the Partners of the Association.
[a]All Officers shall be elected at the Annual General Meeting of the Association,from and by, the Members of the Association.
[b] The honorary officers specified in the preceding clause;
[c] Not less than one and not more than four members elected at the annual general meeting who shall hold office from the conclusion of that meeting
[d]Co-opted members shall not be entitled to a vote on the Management Committee.
[2]The Management Committee may in addition appoint co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than 20% of the members of the Management Committee would be co-opted members. Each appointment of a co-opted member shall be made at a special meeting of the Management Committee called under clause J and shall take effect from the end of that meeting unless the appointment is to fill a place which has not been then vacated in which case the appointment shall run from the date when the post becomes vacant.
[3]At every Annual General Meeting, all of the elected members of the ManagementCommittee, shall retire from office but shall be entitled to stand for re-election
[4]The proceedings of the Committee shall not be invalidated by any vacancy amongst their number or by any failure to appoint or any defect in the appointment or qualification of a member.
[5]Nobody shall be appointed as a member of the Management Committee who is aged less than 18 or who would if appointed is disqualified under the provisions of the following clause.
[6]All persons shall be entitled to act as a member of the Management Committee whether on a first or on any subsequent entry into office until after signing in the minute book or declaration form of the Management Committee a declaration of acceptance and of willingness to act in the trusts of the Partnership.
HDetermination of Membership of Management Committee
A member of the Management Committee shall cease to hold office if he or she:
[1]Is disqualified from acting as a member of the Management Committee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of the provision);
[2]Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
[3]Is absent without the permission of the Management Committee from within a period of Three meetingsand the Management Committee resolve that his or her office/membership be vacated; or
[4]Notifies to the Management Committee a wish to resign (but only if at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).
IManagement Committee Members not to be personally interested
No member of the Management Committee shall acquire any interest in property belonging to the Partnership (otherwise than as a trustee for the Partnership) or receive remuneration or be interested (otherwise than as a member of the Management Committee) in any contract entered into by Management Committee.
JMeetings and procedures of the Management Committee & Partners
[1]The Management Committee shall hold at least three meetings and partners shall be at least eight meetings each year. A special meeting may be called at any time by the chairperson or by any two members of the Management Committee or six other partners for partners meeting, upon not less than fourteendays’ notice being given to the other members of the Management Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than twenty-one days’ notice must be given.
[2]The chairperson shall act as chairperson at meetings of the Management Committee and Partners meetings. If the chairperson and vice chairperson is absent from any meeting,the members of the Management Committee present shall choose one of their number to be chairperson of the meeting before any other business is transacted.
[3]There shall be a quorum when at least one third of the number of members of the Management Committee or the partners meeting, for the time being or five members of the Management Committee, whichever is the greater, are present at a meeting.
[4]Every matter shall be determined by a majority of votes of the members of the Management Committee or partners meeting, present and voting on the question but in the case of equality of votes the chairperson of the meeting shall have a second or casting vote.
[5]The Management Committee shall keep minutes, in books and/orcomputers, kept for the purpose, of the proceedings at meetings of the Management Committee, partners meeting and any sub-committee.
[6]The Management Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
[7]Partners meetings shall usually be held monthly at a place and time to be agreed by the Partners and run under the same rules as in 1 to 6 above
KReceipts and Expenditure
[1]The funds of the Partnership, including all donations, contributions and bequests, shall be paid into an account operated by the Management Committee in the name of the Partnership at such bank as the Management Committee shall from time to time decide.
[2]All cheques drawn on the account must be signed by at least two members of the Management Committee but must not be related or live at the same address
[3]The funds belonging to the Partnership shall be appointed only in furthering the objects.
LProperty
[1]Subject to the provisions of sub-clause (2) of this clause, the Management Committee shall cause the title to:
[a] All land held by or in trust for the Partnership which is not vested in the Official
Custodian for Charities; and
[b] All investments held by or on behalf of the Partnership,
to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Management Committee at their pleasure and shall act in accordance with the lawful directions of the Management Committee. Provided they act only in accordance with the lawful directions of the Management Committee, the holding trustees shall not be liable for the acts and defaults of its members.
[2] If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the Partnership, the Management Committee may permit any investments held by or in trust for the Partnership to be held in the name of a clearing bank, trust corporation or any stock broking company which is a member of the International Stock Exchange (or any subsidiary of any such stock broking company) as nominee for the Management Committee, and may pay such a nominee reasonable and proper remuneration for acting as such.
MAccounts
The Management Committee shall keep records with regard to:
[1]The keeping of accounting records for the Partnership;
[2]The preparation of annual statements of account for the Partnership;
[3]The accounts will be available for scrutiny by the Partners;
[4] The auditing or independent examination of the statements of account of the Partnership, should this be required.
NAnnual Report
The Management Committee shall prepare an annual report for presentation at the AGM.
OAnnual General Meeting
[1] There shall be an annual general meeting of the Partnership which shall be held in the month of Aprilin each year or as soon as practicable thereafter.
[2]Every annual general meeting shall be called by the Management Committee. The secretary shall give at least 21 days’ notice of the annual general meeting to the members of the Partnership by way of a notice placed in the local press and emailed to all Partners
All members/partnersshall be entitled to attend and vote at the meeting.
[3]Before any business is transacted at the first annual general meeting the persons present shall appoint a chairperson of the meeting. The chairperson shall be the chairperson of subsequent annual general meetings, but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairperson of the meeting.
[4]At every Annual General Meeting, all Officers and committee shall retire from office.
But all Officers and Committee members shall be entitled to stand for re-election
[5]The Management Committee shall present to each annual general meeting the report and accounts of the Partnership for the preceding year.
[6] Nominations for election to the Management Committee must be made by members of the Partnership in writing on FORMS supplied by the Management Committee and must be in the hands of the secretary of the Management Committee at least 10 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.
PSpecial General Meetings
The Management Committee may call a special general meeting of the Partnership at any time,or at least five Partners request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days’ notice must be given. The notice must state the business to be discussed.
QProcedure at General Meetings
[1] The secretary or other person specially appointed by the Management
Committee shall keep a full record of proceedings at every general meeting of the Partnership.
[2]There shall be a quorum when at least one third or 10 members/partners of the Partnership, whichever is greater, are present at any Annual General Meeting
RNotices
Any notice required to be served on any member/partner of the Partnership shall be in writing and shall be served by the secretary or the Management Committee on any member/partner either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any such letter so sent shall be deemed to have been received within 10 days of posting.
SAlterations to the constitution
[1]Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
TDissolution
If the Management Committee decides that it is necessary or advisable to dissolve the Partnership it shall call a meeting of all members of the Partnership, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Management Committee shall have the power to realise any assets held by or on behalf of the Partnership. 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 Partnership as the members of the Partnership may determine or failing that shall be applied for some other charitable purpose.
This constitution was adopted at Special meeting held onand signed by the executive officers whose signatures appear at the bottom of this document.
Signed on behalf of the association:
Joan MitchieSecretaryDate:
Ron MitchieChairmanDate:
Syd HowarthPresident Date
Liane TaylorTreasurer Date
Geoff Batchelor-Vice ChairmanDate
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