The ORA Committee met on Wednesday 9th February to cover a range of issues, one of which was to adopt and sign the Constitution of the Oakhurst Residents' Association. This has been reproduced below:
CONSTITUTION OF OAKHURST RESIDENTS ASSOCIATION
1 – NAME
The name of the organisation is the OAKHURST RESIDENTS ASSOCIATION (hereinafter called “the Association”).
2 – OBJECTIVES & MISSION STATEMENT
The organisation has been set up to represent the interests of the community and its residents, when dealing with planning proposals and any issues which are already affecting individuals or are likely to have an impact on the area in the future. We will represent the area referred to as Oakhurst. It is our intention to work with other representative organisations in North Swindon in order to achieve common goals.
Our objective will be ensure that suitable contacts are established with our local MP, Councillors, planning officials and where appropriate developers to ensure that an accurate and honest exchange of information is achieved and to negotiate satisfactory and acceptable outcomes when residents or the community have been unable to reach satisfactory solutions.
Develop strategies that will enable the organisation to convey to decision makers our thoughts, and reactions to plans that are likely to undermine local resources reduce the efficiency of local services and conflict with future aspirations for the community.
We will endeavour to create a close community in order to improve awareness on all matters whether they are social, recreational or leisure.
3 – POWERS
- In furtherance of the Associations objectives the Association shall have power to:
a) Bring together representatives of Government, local Council and statutory authorities and individuals.
b) Arrange and provide meetings with others to discuss, make presentations regarding personal or group issues.
c) Collect and distribute information on any matters relating to the Associations objectives.
d) Raise funds and invite donations and/or contributions whether by subscription or otherwise to cover the Associations costs.
e) Ensure that all activities are conducted in a lawful manner and comply with recognised rules;
4 – MEMBERSHIP
a) Membership shall be open, irrespective of sex, race, and nationality or political opinions.
b) Individuals aged 18 or over.
c) Who live in the area of benefit and shall be known as full members.
d) Members who live outside the area of benefit shall not have the right of vote at General Meetings of the Association.
5 – SECTIONS
- Sections shall be groups of individual members as may, with the permission of the Committee, be formed within the Association for the furtherance of common or special activities. The Committee will define terms of reference as necessary for each function.
6 – GENERAL MEETINGS OF THE ASSOCIATION
a) Annual General Meetings – will be held once per calendar year and being no more than 15 months after the adoption of this constitution. At least 21 days notice shall be posted in a conspicuous place, local press or electronic means.
b) The business of each Annual General Meeting shall be:
i) To receive the Annual Report of the General Committee, which shall incorporate the accounts of the Association referred to below, and provide an account of the work and activities of the Association during the preceding year.
ii) To receive the accounts of the Association for the preceding financial year.
iii) To elect the General Committee of the Association for the following year, and note the names of persons appointed.
c) Special General Meetings – The Chair and the Secretary of the General Committee may at any time at his/her discretion call a Special General Meeting to discuss specific issues. 21 days notice for such an event will be provided by posting a notice in a conspicuous place, by press or electronic means.
7 – THE GENERAL COMMITTEE
a) Shall consist of a maximum of eight (8) full voting members.
b) Committee members shall serve for twelve months from election and then maybe be re-elected or re-appointed for a further twelve month term.
c) The officers and members of the Committee should behave at all times in public with respect for other members of the community, so as not to bring the Association into disrepute or conflict. Should this happen the member/s may be asked to resign.
d) Officers or Committee members absent from more than 3 meetings without apology or permission of the Committee shall cease to hold office.
e) Officers or committee members wishing to resign, should submit notice in writing providing reasonable notice to enable a replacement to be appointed.
f) Each member of the General Committee shall upon appointment receive a copy of the Associations constitution. Each member shall also be requested to sign the minute book a declaration of acceptance of the terms of the constitution.
8 – SUB-COMMITTEE
a) The General Committee may appoint one or more sub-committees for supervising or performing special activities or services.
b) In this case the General Committee shall define terms of reference, its composition and duration of activities.
c) All acts and proceedings of the sub-committee shall be reported to the General Committee in a prompt manner.
9 – CONFLICT OF INTEREST
Members of the General Committee should declare as soon as practical any conflict of interest relating to the activities of the Association.
10 – RULES OF PROCEDURE AT MEETINGS
a) Voting – Any questions arising at a meeting of the Association or its committee shall be decided by a simple majority of those present and eligible to vote. No member shall exercise more than one vote. In the event of a tied vote the Chair shall have a casting vote.
b) Quorum
i) Committee Meetings – one third of the members with power to vote shall form a quorum at meetings of the General Committee.
ii) General Meetings – ten members with power to vote or one third of the members with power to vote, whichever is the less, shall form a quorum at General Meetings of the Association.
In the event that no quorum is present at an Annual General Meeting of the Association, or the meeting has to be abandoned the meeting shall stand adjourned and be reconvened 14 days later, and those members shall be deemed to for a quorum.
iii) Minutes – Minutes of all meetings shall be kept by the Association and the respective secretary shall enter all proceedings and resolutions.
11 – STANDING ORDERS AND RULES FOR THE USE OF THE ASSOCIATION
a) The General Committee shall have the power to adopt and issue Standing Orders for the conduct of Association business. Such Standing Orders shall come into operation immediately, provided always that they shall be subject to review by the Association in General Meeting and that they shall be consistent with the provisions of this constitution.
12 – FINANCE
a) All funds raised by or on behalf of the Association shall be applied to further the objectives of the Association and for no other purpose. Provided that nothing herein contained shall prevent the payment or repayment of reasonable out of pocket expenses incurred on behalf of the Associations business.
b) An account shall be opened in the name of the Association with a recognised bank. The General Committee shall authorise in writing the Treasurer, the Secretary, the Chair and Vice Chair, to sign cheques on behalf of the Association. All cheques must be signed by not less than two authorised signatories.
c) The Association shall take out Public Liability Insurance.
d) The Associations financial year shall be from 1st April to 31st March.
13 – ACCOUNTS AND ANNUAL REPORT
a) The General Committee shall keep accounting records for the Association.
b) Prepare an annual statement of the accounts of the Association.
c) Arrange the auditing of the accounts of the Association by someone other than the treasurer.
d) The General Committee shall comply with its obligations with respect to the preparation of an annual financial return.
14 – INDEMNITY
a) In the execution of the Associations business no member of the General Committee shall be liable:
b) For any loss to the property of the Association by reason of improper investment made in good faith (so long as he/she shall have sought professional advice before making such investment) or;
c) For the negligence or fraud of any agent employed by him/her or by any other member of the General Committee in good faith (provided reasonable supervision shall have been exercised)
d) No member of the General Committee shall be liable by reason of any mistake or omission made in good faith by any member of the General Committee other than wilful and individual fraud, wrongdoing or wrongful omission on the part of the member who is sought to be made liable.
15 – PRIVACY POLICY
The Association will only discuss the interests of members attending the meeting or members who have given express permission to a member of the committee for their interests to be discussed.
The Association will safeguard members’ details. We will not pass the addresses or email addresses of members to third parties without their express permission.
The Association will not pass third party information regarding individuals, households or businesses to its members unless asked to do so by a public body, for example the police or the council. In such a case we will make it clear where this information has been sourced.
16 – DISSOLUTION
If the General 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 Association it shall call a meeting of all members with the power to vote and of the residents of the area benefit of the age of 18 and upwards of which meeting not less than 21 notice (stating the terms of the resolution to be proposed thereat) shall be posted in a conspicuous place, local press or electronic means.
If such decision shall be confirmed by a simple majority of those present and voting at such meeting the General Committee shall have the power to dispose of any assets held by or in the name of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be applied towards such charitable purposes for the benefit of the residents of the area of benefit.
17 – ALTERATIONS TO THE CONSTITUTION
Any proposal to alter this constitution must be delivered in writing to the Secretary of the Association not less than 14 days before the date of the meeting at which it is first to be considered. Any alteration will require the approval of both:
a) A simple majority of the members of the General Committee present and voting at a General Committee meeting;
b) A two-thirds majority s of members with power to vote present at the said meeting.
c) At least 21 notice shall be posted in a conspicuous place, local press or electronic means stating the wording of the proposed alteration.
AREA OF BENEFIT
Oakhurst, Swindon
THIS CONSTITUTION WAS ADOPTED & APPROVED
At a Committee Meeting of the Association held on: 9th February 2011.
(Names of Signatories have been redacted for privacy reasons)
