Community Councils

South Ayrshire Community Council Scheme and Handbook

DRAFT CONSTITUTION

1	-	Name
2	-	Area
3	-	Objects
4	-	Membership
5	-	Elections
6	-	Co-option and nomination to the Community Council
7	-	Voting rights of members of the Council
8	-	Election of Office-Bearers
9	-	Sub Committees
10	-	Meetings of the Community Council
11	-	Public participation in the work of the Community Council
12	-	Exchange of information with South Ayrshire Council
13	-	Control of Finance
14	-	Alterations to the Constitution
15	-	Dissolution
16	-	Adoption and Ratification of the Constitution

SOUTH AYRSHIRE COUNCIL

SCHEME FOR COMMUNITY COUNCILS

MODEL CONSTITUTION FOR COMMUNITY COUNCILS

1. Name

The name of the Community Council shall be the ……………………….Community Council (hereinafter referred to as "the Community Council").

2. Area

The boundaries of the Community Council shall be as described in Appendix A of the Scheme for Community Councils (hereinafter referred to as "the Revised Scheme") as adopted by South Ayrshire Council on 25th March 20XX.

3. Objects

In addition to any other purpose which it shall pursue, the objects of the Community Council shall be:

3.1 to ascertain, co-ordinate and express to the local authority for the area, and to other public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible;

3.2 to take such action in the interests of the community as appears to it to be expedient and practicable;

3.3 to liaise with other community and voluntary organisations within the area, and to express fairly the diversity of opinions and outlooks of the people.

The Community Council will seek to represent and include all sections of their communities, regardless of age, gender, ability, ethnic origin, political or religious beliefs, or sexual orientation.

4. Membership

The Community Council will have a membership as defined in the Scheme and shall consist of ………. elected Members with, in addition, ex officio Members and such Members as may be co-opted in terms of the Scheme.

5. Elections

5.1 Method of Election – Elections shall be by the method of election defined in Section B of the Scheme. The Returning Officer for all Community Council elections shall be the Director of Development, Safety & Regulation of South Ayrshire Council.

5.2 Qualifications of Candidates and Electors – Candidates and Electors in all Community Council elections shall fulfil the requirements specified in Section B of the Scheme.

6. Co-option and Nomination to the Community Council

6.1 There will be two different categories of Co-optee –

6.1.1 those filling a casual vacancy till the next full or by-election will be temporary co-optee, and,

6.1.2 those co-opted for their specific expertise, for a specific length of time will be a specialist co-optee.

6.2 There will be different methods of recruitment and qualification which apply to each type of co-optee:

6.2.1 Temporary co-optees must be resident within the boundary of the Community Council, or Sub Area, and must be recruited by advertisement in specified locations, as detailed in Section F of the Scheme, and serve only up to the next election or by-election. In any event they may not serve as a temporary co-optee for longer than eleven months.

6.2.2 Specialist co-optees do not necessarily have to be resident in the area, but must be recruited for a specific project for a specified length of time. The Community Council will publicise the recruitment of specialist co-options to residents within its area, stating the reasons and duration of the co-option as detailed in Section F of the Scheme.

6.3 Co-optees will have voting rights, and be entitled to hold office as specified in Section F of the Scheme.

7. Voting Rights of Members of the Council

The right to vote at any meeting of the Community Council or any Sub-Committee shall be held by the Members of the Community Council, notwithstanding those who have made a Declaration of Interest, ex officio members and temporary Co-optees.

8. Election of Office-Bearers

8.1 At the first meeting of the Community Council after Elections in the year when Elections are held and at the Annual General Meeting in the year when Elections are not held, the Community Council shall appoint a Chair, Vice-Chair, Secretary and Treasurer.

8.2 All office-bearers shall be elected for one year, but shall be eligible for re-election, without limit of time.

8.3 Members of the Community Council appointed as Secretary and Treasurer, or as Secretary or as Treasurer individually, shall not be entitled to remuneration, but the Community Council may, within the Scheme, award honorariums to such Members.

9. Sub-Committees

The Community Council may appoint such Sub-Committees as it may from time to time decide and shall determine their composition, terms of reference, duration, duties and powers.

10. Meetings of the Community Council

10.1 In the month of May each year the Community Council shall convene an Annual General Meeting which may be attended by residents of the area for the purpose of receiving and considering the annual report of the Community Council and the annual audited Statement of Accounts.

10.2 The Community Council shall meet throughout the year a minimum of six times at intervals not exceeding three months for Ordinary Meetings.

10.3 Dates of regular meetings of the Community Council shall be fixed at the first meeting of the Council following ordinary elections.

10.4 The Community Council may from time to time convene Special General Meetings for the purpose of considering matters of interest or importance. These may, at the Community Council's discretion, take the form of Public Meetings. No more than four such meetings may be held between Annual General Meetings.

10.5 Copies of all Minutes of Meetings of the Community Council and of its Sub-Committees shall be approved at the next following meeting of the Community Council and shall be available for inspection by members of the public at a suitable place or places within fourteen days of the meeting of the Community Council at which such Minutes are approved. Minutes of all meetings shall be sent to South Ayrshire Council following approval.

10.6 Notwithstanding the above, draft minutes or a note of action points of meetings should be prepared and circulated to Community Councillors and those attending the meeting 7 days at least before the next meeting to ensure that any immediate action points are addressed.

11. Public Participation in the Work of the Community Council

11.1 The Community Council may invite a member of the public or the representative of an organisation to address any meeting of the Community Council or its Sub-Committees.

11.2 All meetings of the Community Council and of its Sub-Committees shall be open to members of the public except that the Community Council or Sub-Committee, as appropriate, may by resolution agree to consider in private any items of business of a confidential nature, as defined in the Local Government (Access to Information) Act 1985. Proper provision is to be made for the accommodation of members of the public.

11.3 Notices calling meetings of the Community Council and of its Sub-Committees shall be posted prominently within the Community Council area for a minimum period of seven days before the date of any such meeting, and by other suitable means.

12. Exchange of Information with South Ayrshire Council

12.1 South Ayrshire Council shall nominate an Officer or Officers to act as the principal point(s) of contact for matters relating to the Community Council.

12.2 South Ayrshire Council and the Community Council shall establish mutually satisfactory arrangements regarding exchange of ideas and information through the development of a Code of Conduct, which shall include:-

12.2.1 provision for the supply of information by South Ayrshire Council to the Community Council on proposals and decisions which may affect the area concerned in order that the views of the community may be ascertained, and

12.2.2 clarification on the roles and responsibilities, on matters concerning Community Council business, of South Ayrshire Elected Members, South Ayrshire Council Officers and Community Councillors as elected in terms of Section B of the Scheme.

12.3 Exchange of Minutes and Reports

12.3.1 South Ayrshire Council shall supply the Community Council with a copy of the Minutes of meetings of South Ayrshire Council and its Committees together with, where appropriate, copies of the agendas for such meetings and reports considered at such meetings.

12.3.2 The Community Council shall forward copies of Minutes of meetings and Sub-Committees, together with, where appropriate, copies of reports considered by them, to South Ayrshire Council once they have been formally approved.

12.3.3 South Ayrshire Council shall forward copies of its Annual Report to the Community Council.

12.3.4 The Community Council shall prepare an Annual Report for presentation to their Annual General Meetings, and thereafter for submission to South Ayrshire Council.

13. Control of Finance

13.1 All monies raised by or on behalf of the Community Council or provided by South Ayrshire Council and other sources shall be applied to further the objects of the Community Council and for no other purpose. The monies provided by South Ayrshire Council in the Administration Grant shall be used only for administrative and other purposes as indicated in Section E of the Scheme. Monies raised by the Community Council from other sources may be used in accordance with the terms of the provision, or, in the absence of such terms, for the furtherance of the objects of the Community Council.

13.2 The Treasurer shall keep proper accounts of the finances of the Community Council.

13.3 The financial year of the Community Council shall be from 1 April to 31 March of the succeeding year. The accounts shall be submitted to South Ayrshire Council at the end of each financial year and shall be audited by a professional auditor approved by South Ayrshire Council.

13.4 An audited Statement of Accounts for the last financial year shall be submitted to an Annual General Meeting of the Community Council and shall be available for inspection at a convenient location.

14. Alterations to the Constitution

Any proposal to alter this Constitution must be delivered in writing to the Secretary of the Community Council not less than 28 days prior to the date of the meeting at which it is first to be considered and the terms of the proposed resolution to alter the Constitution shall be stated on the notice calling the meeting which shall be issued not less than fourteen days prior to the meeting. All proposed or actual alterations will require to conform to the Scheme. If the resolution is supported by two-thirds of the elected membership of the Community Council and is approved, in writing, by South Ayrshire Council or its appointed officer, the alteration shall be deemed to have been duly authorised from the date of the letter or such other date as may be agreed.

15. Dissolution

The Community Council will be dissolved if it has

15.1 failed to hold any meetings, or such meetings have been inquorate, for a period of six months, or longer or

15.2 failed to submit to South Ayrshire Council, in terms of the Scheme minutes of its meetings for a period of at least twelve months

15.3 insufficient number of Members in terms of the Scheme.

The Council will co-operate with South Ayrshire Council in terms of Section E3 of the Scheme.

16. Adoption and Ratification of the Constitution

This Constitution was adopted by …………………………………………Community Council on ………………………………………….

Signed: Chairperson ……………………………………………………………………

Member ……………………………………………………………………

Date ……………………………………………………..…………….

and was ratified on behalf of South Ayrshire Council on

Signed: ……………………………………………………………………………………

Date: ……………………………………………………………………………………