Constitution - Alloa Community Council

01 Name
02 Objects
03 Area of Jurisdiction
04 Eligibility
05 Composition
06 Membership
07 Office Bearers
08 Casual Vacancies
09 Appointment of Sub-Committees
10 Meetings
11 Annual General Meetings
12 Special Meeting
13 Exceptional Circumstances
14 Finance
15 Property
16 Contracts
17 Employees
18 Liabilities
19 Dissolution
20 Alterations of the Constitution
21 Acceptance of the Constitution, Rules and Standing Orders

ONE Name
The name of the Community Council shall be Alloa Community Council (hereinafter referred to as the Community Council).

TWO Objects
The objects of the community council shall be

a)  To provide a link between the community and the elected members and officers of Clackmannanshire Council and all statutory bodies.
b) To ascertain, co-ordinate and reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people;
c)   To provide assistance, advice and help to all sections of the community as sought without favour, to promote community spirit and the well-being of the community, and to keep the community informed of matters of public concern.
d)  To safeguard and improve the amenities of the community council area by providing advice and assistance on environmental issues, promoting recycling initiatives, maintaining and improving public amenities and buildings of historical or religious importance.

and unless specifically authorised by the Constitution,  for no other purposes whatsoever.

THREE Area of Jurisdiction
 The boundaries of  the Community Council shall be as described in the Scheme for the Establishment of Community Councils approved by Clackmannanshire Council and are shown in the map attached.

FOUR Eligibility
 To qualify for nomination and election, a candidate must:
  • Be aged 16 or over and included in the role of 16-18 year olds held by the Returning Officer.
  • Reside in the Community Council Area for which membership is sought and, if aged 18 or over, be included on the current electoral register for the Community Council Area.
  • Not be subject to any legal incapacity (as defined in Section 31 of the Local Government (Scotland) Act 1973, as amended from time to time.
  • Not be a Clackmannanshire Council Elected Member, an MP. MEP or an MSP. 
  • If employed by Clackmannanshire Council, not to have been refused permission.

FIVE Composition
There shall be a maximum of [sixteen (16) Alloa, twelve (12) Muckhart, fourteen (14) rest] elected Community Councillors (hereinafter referred to as Councillors)].

The Community Council shall remove from membership any Councillor who has:
a)  moved out of the area covered by the Community Council (unless they have less than six months of their office
outstanding); or
b)  failed to attend 3 consecutive meetings for reasons unacceptable to members of the Community Council; or
c)  been certified insane; or
d)  been declared bankrupt; or
e)  been sentenced to a period of imprisonment (suspended or not) within the past 5 years (as defined by the Local Government Scotland Act 1973 31 (1)(c))

Where any of the above occur, the Community Council shall apply to the Returning Officer for that place to be declared vacant.  Such an application shall be taken by a simple majority of members present on an appropriate motion.

SIX Membership
a)  the term of office of a Councillor shall be four years 
b)  all Councillors are eligible for re-election at the end of their term of office, provided that they meet the eligibility criteria 

SEVEN Office Bearers
The Community Council will elect from among its members a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer at its Annual General Meeting.  Office bearers shall be eligible for re-election.  Other office bearers may be elected as required.  

EIGHT Casual Vacancies
In the event that a Community Councillor resigns, or the Community Council wish to fill a vacancy, the Community Council may co-opt further Community Councillors providing that they adhere to the procedure and regulations laid down in the Scheme of Establishment.

NINE Appointment of Sub-Committees
The Community Council may, if it deems it appropriate, appoint sub-committees to consider specific items of business.  The Community Council shall determine the powers and terms of reference of such sub-committees which must be chaired by an elected Community Councillor.  The Community Council may appoint individuals to a sub-committee who are not elected Councillors.  These individuals shall have no voting rights on the Community Council but may be granted voting rights on the sub-committee in question.

TEN Meetings
The Council shall hold a minimum of four (4) regular meetings per year.  Members of the public (including the press) shall be allowed to attend as observers and may be permitted to address the meeting at the discretion of the Chairperson. 

One half of the members (where there is an odd number the largest number less than half) in post or 4 whichever is greater  shall be the quorum.
 
The Community Council will conduct its business in accordance with the Standing Orders annexed to the Constitution.

ELEVEN Annual General Meeting
The Community Council shall hold an Annual General Meeting no later than six months after the end of the financial year each year at which it will account for its activities in the previous year, present its annual accounts and in regular election years elect its office bearers.  At least fourteen (14) days public notice shall be given in writing by the Secretary.  

TWELVE Special Meeting
A special meeting shall be called by one of the following methods 

(i) the Community Council Secretary, receives a written request containing details of the business to be discussed submitted by at least three (3) members of the Community Council; or
(ii) the Chairman of the Community Council submits a written request to the Secretary.   

At least fourteen (14) days written notice shall be given to every member of the Community Council, together with the names of those requesting the meeting and the business to be discussed.  The meeting shall be held within twenty one (21) days of notification having been received by the Secretary.  No other business shall be in order at that meeting.

THIRTEEN Exceptional Circumstances
In the event of exceptional circumstances which could not reasonably have been foreseen, where a decision must be taken urgently, procedures for meetings and decision-making will not apply provided that the decision to act is made unanimously by the Officer-bearers.  The Community Council shall be bound by the decision unless the Office-bearers act outwith the provisions of this clause.

FOURTEEN  Finance

a)  The Community Council may obtain, collect and receive money and funds and accept and receive gifts of property of any description provided that the acceptance of such gifts does not contravene any applicable rule of law.
b)  The income and property of the Community Council shall be applied solely towards the promotion of the objects of the Community Council and no part thereof shall be paid or transferred directly or indirectly to any member of the Community Council other than the reimbursement of out-of-pocket expenses incurred in connection with Community Council business
c)  The Treasurer shall keep appropriate accounts of the finance of the Community Council
d) The accounts shall be independently examined by a person approved by the Head of Finance of Clackmannanshire Counci
e)  The Community Council shall operate a bank account(s) through which all financial transactions shall be run.  There shall be three (3) authorised signatories, one of whom shall be the Treasurer.

FIFTEEN Property
The title of all and any heritable property which may be acquired by the Community Council shall be taken in the names of the Chairperson,  Vice-Chairperson and Secretary for the Council and their successors in office as Trustees for the Community Council.

SIXTEEN Contracts
The Community Council shall, in pursuit of its objects, have the power to contract as it may from time to time determine.

SEVENTEEN Employees
The Community Council shall, in pursuit of its objects, have the power to appoint and dismiss paid officials and such other employees as it may from time to time determine provided any such engagement complies with current employment laws.  

EIGHTEEN Liability
The Community Council will only be liable for those actions of members which they have authorised in accordance with the procedures set out in this constitution.

Provided that the Community Council act within the terms of its constitution, the Office Bearers shall be indemnified by the Community Council against any claims arising from the exercise of their powers under clauses 15, 16 and 17.

NINETEEN Dissolution

The Community Council shall be dissolved if:-

a)  the number of Community Councillors falls below 50% of the maximum number stated in Clause 5 after a regular election, or
b)  the Community Council does not meet for 6 months, or 
c)  the Community Council has been notified in writing by Clackmannanshire Council that it is acting in breach of the terms of its constitution or the Scheme for Establishment and has not ceased to do so 
d)  the Community Council decides by a majority that it is advisable to dissolve the Community Council

If the Community Council is to be dissolved a meeting shall be called of all the electors within the Community Council area.  Notice of such a meeting shall not be less than twenty-one (21) days and shall be posted in a conspicuous place or places within the area and shall be advertised in a local newspaper circulating in the area, stating the terms of the resolution to be proposed at the meeting.

If such a decision shall be confirmed by a majority of those present and voting at such a meeting the Community Council shall, subject to the consent of Clackmannanshire Council, have power to dispose of any assets held by or in the name of the Community Council.  Any assets remaining after the satisfaction of proper debts and liabilities shall be applied towards charitable purposes for the benefit of the residents of the area as the Community Council may decide, and as may be approved by Clackmannanshire Council.  Clackmannanshire Council shall hold any assets in trust for one calendar year in case a new Community Council is formed in the area.

TWENTY Alterations to the Constitution
Any proposal to alter this Constitution must be delivered in writing to the Secretary of the Community Council not later than twenty eight (28) days before the date of the meeting at which it is to be considered.  Any alternation shall require the approval of two thirds majority of the members of the Community Council present and voting.

Where an alteration is approved then the Constitution shall be amended and each member of the Community Council shall be issued a copy of the amended Constitution.  Such alternations must be consistent with the provisions of the Scheme for the Establishment of Community Councils and shall not come into force until approved in writing by Clackmannanshire Council.

TWENTY-ONE Acceptance of the Constitution, Rules and Standing Orders
 The Community Council accepts the Constitution and rules laid down subject to any subsequent alternations or additions as provided for by the Constitution.

Constitution accepted as the Constitution of Alloa Community Council.

Chairperson ______________________________

Secretary ______________________________

Date ______________________________

 And approved on behalf of Clackmannanshire Council  by

 .......................................................

....................................................... (signed)

.........................................................(date)








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