Constitution

NORTH KELVIN COMMUNITY COUNCIL CONSTITUTION

1.0 NAME
1.1 The name of the Council shall be North Kelvin Community Council (hereinafter called “the community council”).

2.0 AREA
2.1 The community council area shall be bound as shown in the attached map.

3.0 OBJECTIVES
3.1 The objectives of the community council shall be to promote the well-being of the community resident in North Kelvin (hereinafter called “the area”) by ascertaining, co-ordinating and expressing to the local authorities and to public authorities the views of the community and by taking such action in the interests of the community as appears to be expedient and practicable.

4.0 COMPOSITION
4.1 The community council shall consist:

15 elected members;

Members of Parliament and Glasgow City Councillors for any area wholly or partly in the community or ward which they represent.

5.0 ELECTION
5.1 Qualification of Electors and Candidates

(a) Qualification of Voters – Residents of the area/sub-area over the age of 16 years and over shall be entitled to a vote.
(b) Qualification of Candidates – Candidature shall be limited to residents of the area/sub-area over the area 16 years and over.
(c) Voters and candidates must be listed on either the City Council’s Electoral Register or any community council supplementary roll made for this purpose.

5.2 Frequency
Elections shall be held every two years in October.

5.3 Methods of Election
Voting shall be by ballot box and shall be in accordance with the Scheme for the Establishment of Community Councils. The location of elections shall be left to the discretion of the community council but should facilitate voting and administration.

5.4 Vacancies
In the event of a vacancy occurring it should be filled within 3 months by formal election procedure at a public meeting called for that purpose. Those members shall serve for the remainder of the term of office of the councillor they are replacing and shall have the same voting rights. If vacancies occur within three months from the date of the next ordinary election, they may remain unfilled until such election. However if one third of the full voting membership arises as vacancies Glasgow City Council shall be informed immediately to allow it to take such action as it deems appropriate.

5.6 Ex Officio Members
As indicated in paragraph 4.1 Members of Parliament and Glasgow City Councillors shall be members of the community council. They shall have no voting rights but their views on matters concerning the community council should be actively sought.

5.7 Period of Office
Community Councillors appointed at election shall hold office for two years. Where a Community Councillor resigns, he/she shall not be eligible to stand for re-election for a minimum of 1 year.

6.0 MANAGEMENT
6.1 Annual Meeting and Other General Meetings

(a) The Annual Meeting shall be held in October to (i) approve the annual report; (ii) approve the audited accounts; (iii) note the appointment of auditors; and if necessary, (iv) note the appointment of a returning officer; and (v) conduct or report on the election of elected and delegated members.

The community council shall call at least one public meeting other than the Annual Meeting, at which members of the public have the right to speak and should be given every reasonable opportunity to be heard. Only members of the public who are residents of the area and are qualified to vote may propose or second a motion and then participate in any vote.

Special Public Meetings
(b) A special public meeting will be held by the community council on receipt of a written request signed by 20 community council electors of the area once the requirements of this clause are held by the community council to have been satisfied. The petition shall specify the matter and reasons for such a meeting. Once the community council finally expresses itself to be satisfied that the petition is competent, relevant and accurate the meeting will take place within 3 months of validation. The public meeting will then only be held when the community council can be satisfied that all arrangements in connection with the holding of the public meeting are in place such as to satisfy the community councils duty of care and responsibility in the calling and holding of a public meeting.

Quorum
(c) 5 voting members shall constitute a quorum for meetings of the community council. If a quorum cannot be achieved then the meeting must reconvene at a later date.

Regular Meetings
(d) The community council shall meet at least six times throughout the year (a minimum of four ordinary meetings shall be held, in addition to the two public meetings). Members of the public have a right to attend all community council meetings, but only have a right to speak with the consent of the Chairperson. Items for inclusion on the agenda of a community council meeting must be intimated by any resident or elector in writing fourteen days prior to the commencement of said meeting.

Invitation to Officers
(e) The community council may invite to any or all of its meetings, committee meetings and sub-committee meetings officers of Glasgow City Council. These officers shall not be invited to vote at any meeting.

Emergency Meetings
(f) The community council may call an emergency meeting. The Chairperson and at least one other person must be satisfied that the business is urgent and must state these reasons at the meeting which should be recorded in the minute. All members of the community council shall be notified of such meetings and a quorum must be present.

Minutes
(g) Minutes of meetings shall be distributed to all elected, delegated and ex-officio members at least 7 days before the next meeting. Once approved the minute should then be forwarded to the Chief Executive of the City Council via the Community Councils’ Resource Centre within three months and be available for inspection by the public.

(h) Minutes shall record:

the date, time and place of the meeting;the names and status of those members and other persons attending the meeting;

the names and status of those members unable to attend but who have submitted apologies for non-attendance;

all decisions taken and actions approved;

the date, time and place of the next meeting.

6.2 Public Participation in the work of the community council

(a) The community council may invite a member of the public to address any meeting of the community council/committee/sub-committee.
(b) All meetings of the community council/committee/sub-committee shall be open to members of the public. Only in exceptional circumstances the community council/committees/sub-committees may by resolution agree to consider in private any items of business of a private or confidential nature where it would be in the community interest to do so.
(c) All advertisements intimating the time and place of community council meetings will be published at least 7 days prior to the meeting taking place. An agenda for every meeting shall be circulated to all members at least 3 days before the meeting. The meetings will be widely advertised so that all the electorate has the opportunity to be informed of the meeting. Three or more public places in the community council’s area must be identified at which notices will always be placed to advertise meetings. These advertising points will be intimated to the public and notified to the City Council via the Community Councils’ Resource Centre.

6.3 Election of Office Bearers
At the first meeting of the community council, the community council shall elect from its membership office bearers for the community council. The office bearers shall be unrelated, and shall include a Chairperson, Vice Chairperson, Secretary and Treasurer, and such other officers as it shall from time to time decide.

6.4 Sub-committee and Advisor
The community council shall have power to appoint such sub-committees of at least three members as it may from time to time decide, and shall determine their terms of reference, powers, duration and composition. The details of the remit and delegated powers shall be recorded in the community council minutes. Anyone claiming to represent the views of a community council must be able to demonstrate that they have this authority and that a sub-committee is acting within the limits of its delegation.

The community council may appoint an advisor to give advice on specialist, technical or other matters requiring particular expertise. This advisor may only speak on agenda items relating to these matters, they may not vote, and their attendance may not be counted towards the quorum of the meeting.

6.5 Standing Orders
The community council shall have powers to draw up Standing Orders for the proper conduct of its meetings and of all public meetings which it Calls (subject to the approval of the City Council).

6.6 Alterations to Constitution
Alterations to the constitution shall only be made at a public general meeting or at a special general meeting called for that purpose. Notice for any such proposed alterations shall be intimated in the notice of the meeting. Proposed alterations to the constitution must be submitted in writing at least three weeks before the meeting. The Secretary shall make them available for inspection, such alterations must be carried by two thirds of those present who are eligible to vote. Such alterations shall not take effect until approved by Glasgow City Council.

7.0 FINANCE AND PROPERTY
7.1 (a) Once approved at the Annual Public Meeting an extract of audited accounts should be forwarded to the Community Councils’ Resource Centre;
(b) in addition to any grants obtained from the City Council for administrative and operational purposes, the community council can raise money on its own to develop its activities;
(c) The community council shall nominate at least three unrelated office bearers to act as signatories to the community council bank account. For example, Chairperson, Secretary and/or Treasurer. All cheques and withdrawals should require two from three signatories. Any changes to the authorised signatories should be approved by the community council.

7.2 The financial records must also be made available to any officer appointed by the City Council as and when required.

The community council shall prepare and maintain an inventory of all property, equipment and materials owned by them and make it available to the auditor at the annual audit. The inventory must also be made available to any officer appointed by the City Council as and when required.

8.0 DISSOLUTION
8.1 Dissolution of the community council may occur either on a voluntary basis by resolution of the community council or by decision of the City Council. In normal circumstances, such a decision by the City Council will only occur after due consultation with, or suitable notice to, the community council. The City Council will advertise the dissolution of the community council by giving appropriate public notice.

8.2 Where the City Council has reasonable grounds to believe that the community council has been abandoned and is no longer operating, then it may immediately dissolve the community council and intimate this action by public notice.

8.3 Where the City Council has reasonable grounds to believe that the community council is significantly diverging from the Scheme, then it may immediately dissolve the community council and intimate this action by public notice.

8.4 In the event of the dissolution of the community council, there is an obligation on the City Council and the community council to arrange an orderly in gathering of funds and assets. The general principles and operations are identified in Operational Guidelines No. 4. In essence all funds and assets should be utilised for benefit of the community within its area.

8.5 If the Council, by a two-thirds majority, decide at any time, that, on whatever grounds, it is necessary or advisable to dissolve the Council, it shall publicise throughout the area, the terms of the proposed resolution, and carry out normal procedures for local opinion, before putting the proposed resolution to a vote at a general meeting called for that purpose. If such decision be confirmed by a two thirds majority, the committee shall have the power to transfer any assets remaining after the satisfaction of any proper debts or liabilities to the City Council in a caretaking capacity, until a new Community council has been re-elected.

8.6 In the event of the community council wishing to dissolve, the City Council shall be notified of its intention to do so via the Community Councils’ Resource Centre. The community council will then follow the process of voluntary dissolution of the community council by giving appropriate public notice.

9.0 SUSPENSION
9.1 The community council may be suspended by Glasgow City Council if it is not conforming to the Scheme for the Establishment of Community Councils

10.0 ACTIVITIES OF A POLITICAL NATURE
10.1 The community council shall be non-party political in all its activities. It shall therefore not be permissible for the community council to engage in activities such as the sponsoring, endorsing or supporting of candidates for parliamentary and local elections. Similarly, political organisations shall not be permitted to appoint a Delegated Member to the community council.

11.0 EQUAL OPPORTUNITIES
11.1 It shall be the duty of the community council to ensure that it operates an equal opportunities policy.

12.0 DISQUALIFICATION OF MEMBERS
12.1 A member may tender his/her resignation in writing to the secretary at any time.

Elected and delegated members shall become disqualified

by accepting an appointment to paid office in the disposal of the community council.

where, if absent from three consecutive meetings and he/she fails to give reasons satisfactory to the community council, the secretary shall notify the councillor after two absences that failure to attend or give reason will lead to disqualification without exception.

An elected member will become disqualified if in the course of the term of his/her office ceases to hold a residential qualification.

13.0 CONSTITUTIONAL DOCUMENTS
13.1 This constitution is subject to the provisions of the Scheme for the Establishment of Community Councils and any Operational Guidelines issued from time to time by the City Council and shall be construed with reference to these documents.

14.0 ADOPTION OF CONSTITUTION
This constitution, after being agreed by North Kelvin Community Council, was adopted at a public meeting held in St Charles Primary School on 11th September 2002 and has been updated to reflect the Scheme for the Establishment of Community Councils and Operational Guidelines approved by the Glasgow City Council.

Signed: For Glasgow City Council
Margaret Stirling
Designation Manager, Community Councils Resource Centre

Updated February 2006

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