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Policies - Constitution
1) Name
of organisation
1.1) The name of the organisation is "The Fermanagh Shadow
Youth Council."
2) Area of Benefit/Community of Interest
2.1) The organisation aims to benefit young people aged 21 and
under principally in the county of Fermanagh but also on a regional
and global basis.
3) Objects
3.1) To provide a forum for young people to raise matters that
concern them with the relevant authorities and to be formally
consulted by Fermanagh District Council and others on issues
relevant to them.
3.2) To encourage and enable young people to participate in
democratic decision making processes and activities as electors
and elected representatives providing an education for the responsibilities
of citizenship.
3.3) To benefit people without distinction of sex, race or of
political, religious or other opinion, by associating with individuals,
statutory authorities, voluntary and other organisations in
a common effort to relieve poverty, sickness and distress, to
relieve the disabled, to advance education, to preserve and
protect health and to provide facilities in the interests of
social welfare for recreation and leisure-time occupation with
the object of improving the conditions of young people and the
population in general.
4) Powers
The Management Committee may
4.1) Provide or secure the provision of social services, educational,
environmental and recreational facilities withi the area of
benefit;
4.2) Promote and carry out, or assist in promoting and carrying
out research, surveys and investigations and publish the results
of any such research;
4.3) Organise or assist in organising meetings, lectures, classes
and exhibitions and publish or assist in publishing reports,
periodicals, recordings, books or other documents or information;
4.4) Recruit, train and employ volunteers with relevant skills,
to do the above;
4.5) Obtain, collect and receive money and funds by way of grants,
donations, legacies, subscriptions or other lawful methods;
give or donate or disburse grants and loans to such related
organisations or projects are as law deemed charitable PROVIDED
THAT no permanent trading is involved;
4.6) Buy, take on lease or in exchange, hire or get any property
and any rights and privileges necessary for the attainment of
the said objects and construct, maintain and alter any buildings
or edifices needed;
4.7) Sell, let, mortgage, or dispose of all or any of the property
or assets of the Association;
4.8) Employ and pay any person or persons to supervise, organise
or carry out the work of the Association and make all reasonable
and necessary provision for the payment of remuneration to employees;
4.9) Invest money not immediately required for the objectives
of the Shadow Council in or upon such investments, securities
or property as may be thought fit. Subject to conditions (if
any) as may for the time being be imposed or required by law;
4.10) Do all such other lawful things as may be necessary for
the attainment of the above objectives.
5) Membership
5.1) Management Committee membership
People living within the area or benefit who are aged eighteen
years or over, who subscribe to the aims, objectives and principles
of the Association and whose application for membership is accepted
by the Management Committee.
5.2) Past Councillor membership
Adults and young people who were formerly on the Shadow Council
providing a supportive role to current Shadow Councillors at
the discretion of the Management Committee.
5.3) Shadow Council membership
Members will be elected on a PR system from post primary schools
and colleges throughout Fermanagh. Individual institutions will
put forward one candidate for every one hundred students.
Schools will select candidates according to selection criteria
specified by head teachers.
Where an school/college is not represented a representative
shall be co-opted on to the council be the other Shadow Councillors.
5.4) Every application for admission to membership shall be
considered by the Management Committee at their first meeting
after it was made, or as soon as possible. There shall be no
discrimination between persons by reference to politics, religion,
race, gender, sexual orientation, physical or mental disability.
5.5) Every member shall either sign a written consent to become
a member or sign the Register of Members on becoming a member.
5.6) No member shall use the name of the Shadow Council for
any purpose other than for the benefit of the Association as
laid down in the constitution.
5.7) A member may at any time withdraw from the Shadow Council
by giving at least fourteen clear days' notice to the Association.
Membership shall not be transferable and shall cease on death.
5.8) Any member who acts against the aims, objectives and principles
of the Shadow Council shall have their membership terminated
by the Committee, subject to a right to be heard by the Management
Committee.
6) Meetings
6.1 Annual General Meetings of Management Committee
An Annual General Meeting will be held each year where and when
Management Committee shall decide. Notification in writing of
the date, venue and business of the AGM, including a request
for nominations for the committee, will be sent to all members
of the Management Committee seven days prior to the Annual General
Meeting. The business of the AGM shall include the following:
i. Minutes of the previous AGM;
ii. Consideration of the Annual Report;
iii. Annual statement of accounts;
iv. Appointment of independent financial assessors;
v. Election of full members to serve on the Management
Committee for the incoming year;
vi. Any other business the Committee or an individual member
may wish to raise.
Quorum
Three adults and two young people shall form a quorum for Management
Committee Annual General Meetings and Extraordinary general
Meetings.
6.2 Extraordinary General Meeting of Management Committee
The Chair person or two members of the management committee
may at any time at their discretion, call an Extraordinary General
Meeting (EGM) of the Management Committee, giving seven days
notice, for the purpose of altering the Constitution in accordance
with Clause 17 or considering any matter which may be referred
to it by the committee, or for any other purpose.
Quorum
The quorum for the meeting shall be three adults and two young
people.
Past Councillor Meetings
These may be held once per month to keep former Shadow Councillors
informed on the Shadow Council's actions, to provide feedback
on new initiatives and to work out how best to support current
Shadow Councillors.
Shadow Council Meetings
Frequency - Full Shadow Council meetings will be held once per
month. The Fermanagh District Council Chamber is available for
use for meetings but alternative locations may be used as appropriate.
Councillors will have at least three days notice of a full Shadow
Council meeting. Meetings of sub committees will be held as
needed
Standing orders/guidelines
The roles and responsibilities of Shadow Councillors are outlined
in the Shadow Council Guidelines and Standing Orders.
Quorum
A quorum of 12 will be needed for any meeting.
For a sub committee the quorum will be a quarter of the total
number of the committee.
For a suspension of the standing orders two thirds of the members
of the Shadow Council must be present at the meeting and one
half of those must support the proposal.
7) Management Committee
7.1) A management committee of at least five adults will be
formed to oversee the day to day running of the Shadow Council,
apply for grants and provide adult accountability where needed.
7.2) The honorary officers of the committee will consist of
a Chairman (from the Community Relations Department of Fermanagh
District Council), a Vice Chairman, a Secretary, a Treasurer
and not more than eight other committee members.
7.3) The Shadow Council will be informed of all the actions
of the Management Committee and their comments will be invited
on decisions that it makes.
7.4) The members of the Management Committee shall have the
power at any time and from time to time to appoint a person
to be a member of the Management Committee, either to fill a
casual vacancy or as an addition to the existing members. Any
member so appointed shall hold office only until the next following
Annual General Meeting and shall then be eligible for re-election.
7.4) The Management Committee may co-opt up to three persons
of particular expertise to support their work each year. Any
person so co-opted will be entitled to a vote.
7.5) All officers shall be elected by and from members of the
Management Committee at the first meeting of the Committee immediately
following the AGM. The Chairperson and Vice Chairperson shall
be above the age of eighteen.
7.6) The Management Committee shall meet as often as is possible,
but at least nine times per year.
7.7) Statutory and other voluntary organisations may be invited
by the Management Committee to attend Committee meetings.
7.8) Anyone failing to attend three consecutive Management Committee
meetings without reasonable cause will automatically cease to
be a Committee member.
7.9) All Management committee members shall retire annually
but shall be eligible for re-election or appointment again forthwith.
7.10) The Management committee shall make such regulations as
they consider appropriate for the efficient conduct of their
and the Association's business.
7.14) Up to three Shadow Councillors or Past Shadow Councillors
should be given the option to sit on the Management Committee.
8)Sub-committees
8.1) The Management Committee and the Shadow Council Committee
may constitute such sub-committees form time to time as shall
be considered necessary.
8.2) The Chairperson and Secretary of each sub-committee shall
be appointed by the Management Committee/Shadow Council and
all actions and proceedings of each sub-committee shall be reported
to and confirmed by the Management Committee/ Shadow Council
Committee as soon as possible.
8.3) Members of the Management Committee/Shadow Council may
be members of any sub-committee and membership of a sub-committee
shall be no bar to appointment to membership of the Management
Committee.
8.4) Sub-committees shall be subordinate to and may be regulated
or dissolved by the Management Committee.
9) Procedure at Meetings
9.1) All questions arising at any meeting shall be decided by
a simple majority of those present and entitled to vote, but
in case of an equality of votes the Chairperson shall have a
second or casting vote. Co-opted members shall be entitled to
vote.
9.2) The Management Committee, Shadow Council and all sub committees
shall strive to operate on the principle of consensus.
9.3) Notification for each meeting will be circulated by the
Project Worker/Chairperson.
9.4) The Project Worker will keep a record of attendance and
business dealt with at each meeting..
10) Secretarial Duties
10.1) The Project Worker shall be responsible for the maintenance
of minutes, register of members and their representatives; records
of loans, contracts, leases, Letters of Offer, Terms and Conditions
and all other legal documents relating to the Association.
11) Finance
11.1) The day to day keeping of the accounts will be the responsibility
of the Project Worker.
The Management committee may receive money in the form of subscriptions,
grants and donations and to raise money by other lawful means.
11.2) All money raised for the Shadow Council shall be used
to further the objectives of the Shadow Council and for no other
purpose.
11.3) The Project Worker will present a statement of accounts
at each AGM. The members of the Management Committee at the
AGM may appoint an independent financial assessor.
11.4) The Financial year of the Association shall run from 1
April to 31 March.
11.5) A bank account or bank accounts shall be opened in the
name of the association. The Management committee shall authorise
in writing the treasurer and two members of the committee to
sign cheques on behalf of the Association. The Project worker
and one of the other two authorised signatories must sign all
cheques.
12) Renumeration
12.1) Shadow Councillors, the Project worker and visiting tutors
and speakers will be remunerated for all reasonably incurred
stationery, travel, accommodation and food expenses on provision
of receipts/records.
13) Affiliations
13.1) The Management committee may seek affiliation with such
bodies and organisations whose aims and objectives are similar
to those of the Shadow Council. The Fermanagh District Shadow
Council will work in association with the Fermanagh District
Council.
14)Employee
14.1) The Management committee may appoint staff or consultants
from time to time to carry out specific pieces of work. They
shall be paid remunerations agreed by the Management Committee
at a meeting.
15) Shadow Council Property
15.1) The title to any real and/or leasehold property, which
may be acquired by the Association, should be vested in Trustees.
There should be no more than four trustees and no less than
two.
15.2) The appointment of new Trustees shall be vested in the
Management Committee.
15.3) Trustees shall hold office until:
i) Death; or
ii) Retirement with the consent of the remaining trustees; or
iii) Removal by resolution of the Management committee; or
iv) Removal by operation of the law;
v) But no removal or retirement shall be effective unless there
will be at least two remaining trustees.
15.4) Whenever a trustee is appointed under 15,2 or discharged
under 15.3, a memorandum of appointment or discharge shall be
prepared and signed and sealed.
15.5) In the absence of fraud or wilful default the Trustees
shall be indemnified out of the Shadow council's property against
risk and expense incurred in the exercise of their duty as Trustees.
15.6) Each of the Trustees shall have the right to receive notice
of meetings where real or leasehold property is to be discussed
but shall have no right to vote.
15.7) The Management committee shall call a meeting if requested
from a majority of the Trustees appointed as Trustees of any
property for the Shadow Council. Provided that such meetings
shall be limited to matters relating to any Shadow Council property
and its management.
16) Indemnity
16.1) The Association shall indemnify and keep indemnified every
Trustee, officer, member, volunteer and employee of the Association
from and against all claims, demands, actions and proceedings
(and all costs and expenses in connection with them) made or
brought about against trustees, officers, members, volunteers
and employees, or in connection with its property and equipment
EXCEPT WHEN liabilities arise from wilful and individual fraud,
wrongdoing or wrongful omission on the part of the person sought
to be made liable.
16.2) The Project Worker will effect a policy of insurance in
respect of this indemnity.
17) Amendments to the Constitution
17.1) Any alteration of this constitution shall receive the
assent of not less than three quarters of the members present
and entitled to vote at an Annual General Meeting, or Extraordinary
general meeting called for the purpose, provided that no alteration
is made which would make the Shadow Council ceases to be a charity
in law. At least seven days notice needs to be given to the
Management Committee of the resolution to be proposed.
18) Dissolution
18.1) The association may be dissolved at any time by resolution
passed by a three quarters majority of those members present
and voting at a General Meeting.
18.2) If, upon the winding-up or dissolution of the Shadow Youth
Council there remains, after the satisfaction of all its debts
and liabilities, any property, it shall not be paid to or distributed
among the members or Management Committee of the Association,
but shall be given or transferred to some other charitable institution
or institutions having objects similar to the objects of the
Shadow Council, whose activities are carried out within the
area of benefit, and which shall prohibit the distribution of
its or their income and property to an extent at least as great
as is imposed on the Association at or before the time of dissolution,
and in so far as effect cannot be given to such provision, then
to some other charitable object.
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