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Constitution
APPROVED JUNE 26,
1995
AMENDED at AGM 8th June 2006
1 Name
The name of the
association shall be called the Kent Council for Voluntary Youth Services,
hereinafter called the Council.
2 Purpose
The Council is established
to help and educate young persons in Kent so as to develop their physical, mental and
spiritual capacities that they may grow to full maturity as individuals and
members of society.
3 Powers
In furtherance
of the above purpose, but not further or otherwise, the Council may:
(a) Support voluntary youth organisations in the provision of
appropriate and meaningful activities
(b) Encourage the partnership between the voluntary and statutory
youth agencies;
(c) Promote equal opportunities for all young people.
(d) Promote and organise co-operation in the achievement of the above
purpose both locally and, in co-operation with other local Councils for
Voluntary Youth Services, regionally, and to that end may bring together in
conference representatives and individuals engaged in the furtherance of the
same.
(e) Promote and carry out or assist in promoting and carrying out,
research surveys and investigations, including the review of existing
provisions for young people and the encouragement of any provisions which may
be reqired and publish the results thereof.
(f) Promote the empowering and participation of young people within
all voluntary youth organisations.
(g) Arrange and provide for, or join in arranging and providing for,
the holding of exhibitions, meetings, lectures, seminars and training
courses.
(h) Bring together in conference representatives of Voluntary
Organisations, Government Departments, Statutory Authorities and individuals.
(i) Collect and disseminate information on all matters affecting the
above purpose an exchange such information with other bodies having similar
purposes.
(j) Undertake, execute, manage or assist any charitable trusts which
subscribe to the purpose of the Council and may be lawfully undertaken,
executed, managed or assisted by the Council.
(k) Procure to be written, print, publish, issue and circulate
gratuitously or otherwise such papers, periodicals, pamphlets or other
documents, films, videos, tapes or computer software as shall further the
above purpose.
(l) Employ and pay any persons (not being members of the Executive
Committee) to supervise, organise and carry out the work of the Council and
make all reasonable and necessary provision for the payment of pensions and
superannuation to or on behalf of employees and their widows and other
dependants.
(m) Purchase, take on lease or in exchange, hire or otherwise acquire
any property and any rights and privileges necessary for the promotion of the
said purpose, and construct, maintain and alter any buildings or erections
necessary for the work of the Council.
(n) Subject to such consents that may be required by law, sell let,
mortgage, dispose of or turn to account all or any property or assets of the
Council.
(o) Subject to such consents that may be required by law, accept gifts
or borrow or raise money for the purpose of the Council on such terms and on
security as shall be thought fit.
(p) Procure contributions to the Council by personal or written
appeals, public meetings or otherwise.
(q) Invest the monies of the Council not immediately required for its
purpose in or upon such investments, securities or property as may be thought
fit, subject never the less to such conditions (if any) as may for the time
being be imposed or required by law.
(r) Enter into membership of the National Council for Voluntary Youth
Services.
(s) Do all such other lawful things as are necessary for the
attainment of the said purpose.
4 Membership
(a) Full membership of the Council shall be open to:
(i) Kent branches of the National Voluntary Youth Organisations.
(ii) Kent branches of the Youth Sections of National Voluntary
Organisations.
(iii) Kent Local Youth Associations (including Medway)
(b) Associate membership of the Council shall be open to local agencies
concerned with young people, not eligible for Full Membership.
(c) Applications for membership of the Council shall be considered by
the Executive Committee which shall refer them to the next General Meeting of
the Council, with or without recommendation. The Council shall have the power
to accept, defer or reject any application.
(d) Each Member shall appoint, and at its discretion revoke the
appointment of, up to three representatives to represent it and vote on its
behalf at the General Meetings of the Council.
(e) Each Associate Member organisation shall appoint, and at its
discretion, revoke the appointment of one Representative to represent it at
General meetings of the Council. Such representatives shall be entitled to
vote.
(f) Each member organisation shall pay to the Council such annual
subscription as the Council shall in general Meetings from time to time
determine. The Executive Committee shall at its discretion in cases of
hardship have the power to waive all or part of the subscription payable by
any member organisation, subject to ratification of any such waiver by the
Council in General Meeting.
(g) Membership shall automatically be deemed to have terminate at the
end of the next Annual General Meeting if a member has failed to pay for one
year, all or part of the subscription agreed by the Council, or if a member
no longer subscribes to the aims of the Council, or if a member organisation
ceases to exist.
(h) Membership shall not otherwise be deemed to have terminated
unless:
(i) Notice in writing to the affect that a member wishes membership to
cease shall have been received by the Honorary Secretary not less than 28
days before a General Meeting;
(ii) The Executive Committee shall have the right for good and
sufficient reason to terminate the membership of any organisation, provided
that the individual organisation in membership shall have the right to be
heard by said Committee before a decision is made. Such termination shall be
subject to ratification by the Council in General Meeting.
5 Honorary
Officers
(a) The Honorary Officer shall be a Chairman, a
Vice-Chairman, a Secretary, a Treasurer and such other Honorary Officers as
the Council shall from time to time decide.
(b) Honorary Officers shall be elected at the Annual General Meeting
and when elected shall hold office until the next Annual General Meeting.
(c) The Honorary Officers shall attend General Meetings of the
Council, and shall be entitled to vote.
(d) Honorary Officers shall be eligible for re-election
(e) The Council shall appoint one or more auditors /examiners and may
determine their remuneration (if any).
6 Executive
Committee
(a) The policy and general management of the affairs of
the Council shall be directed by the Executive Committee which shall meet not
less than four times a year
(b) The Executive Committee/Trustees shall consist of :-
(i) The Honorary Officers
(ii) Up to six persons elected from amongst the representatives of
full members
(c) In addition, the Executive Committee may co-opt further members
who shall serve until the conclusion of the next Annual General Meeting.
(i) Co-opted members shall be entitled to vote at meetings of the
Executive Committee.
(ii) The total number of co-opted members shall not exceed that of
elected members.
(d) Election of the Executive Committees shall be for one year.
(e) Any vacancy caused by the resignation of an elected member of the
Executive Committee or Honorary Officer may be filled by the Executive
Committee and any person appointed shall serve until the conclusion of the
next Annual General Meeting.
(f) The proceedings of the Executive Committee shall not be
invalidated by any failure to elect or any defect in the election,
appointment, co-option, or qualification of any member.
(g) The local Authorities Head of Youth Services or his representative
will be invited to attend as advisors.
7 Committees
The Council or
Executive Committee may appoint such special or standing committees as may be
deemed necessary and shall determine their terms of reference, powers,
duration and composition. All acts and proceedings of such special or
standing committees shall be reported back to the Executive Committee
regularly.
8 Standing Orders
The Executive
Committee shall have the power to adopt and issue Standing Orders and/or
rules which shall be subject to ratification by the Council at the next
General Meeting and shall not be inconsistent with the provisions of this
Constitution.
9 General
Meeting of Councils
(a) In each year an Annual General Meeting of the
Council shall be held at such time (not being more than 15 months after the
holding of the proceeding Annual General Meeting) and place as the Executive
Committee shall determine.
(b) In each year at least two General Meetings of the Council shall be
held. One shall be the Annual General Meeting an the other shall be an
Ordinary General Meeting.
(c) At least 14 days notice of a General Meeting shall be given in writing
to the member representatives and trustees.
(d) At the Annual General Meeting the business shall include:
(i) The presentation, consideration and adoption of the Annual Report
of the Council.
(iii) The Election of Honorary Officers;
(iv) Co options to the Council
(v) The election of members of the Executive Committee;
(vi) The appointment of representatives to other bodies; and
(vii) The appointment of an Auditor or Auditors (Examiner/s)
(e) At each General Meeting the business shall include the
consideration of a report of the work done by or under the auspices of the
Executive Committee and the transaction of such other matters as may from
time to time be necessary.
(f) A Special General Meeting may be called by either - the Chairman
at his or her discretion, or - the Honorary Secretary within 21 days of
receiving a written request so to do, signed by not less than nine members
and giving reasons for the request.
Not less than 14 days notice shall be given for the meeting, stating the
business.
(g) Minutes shall be kept of meetings of the Council Executive
Committee an of all other Committees by the Secretary, or by any other person
appointed to do so by the Executive Committee.
10 Staff
Staff may be
appointed by the Executive Committee, which shall fix their remuneration and
terms and conditions of employment.
11 Elections
(a) Nominations for Honorary Officers or membership of
the Executive Committee must be made by Representatives of Full Members of
the Council in accordance with directions given by the Executive Committee.
(b) Should nominations exceed vacancies, elections shall be by secret
ballot at the Annual General Meeting.
12 Rules of
Procedure at all Meetings
(a) Quorum
(i) The Quorum at meetings of the Council shall be one quarter of the
membership or such other numbers as the Council may in General Meetings from
time to time determine.
(ii) The Quorum at a meeting of the Executive Committee or any other
committee shall be one third of its membership and must include an Honorary
Officer.
(b) Voting
All issues arising at any meeting shall be decided by a simple majority of
those present and entitled to vote there at. No person shall exercise more
than one vote not with standing that he may have been appointed to represent
two or more interests, but in case of equality of votes the motion shall be
deemed to have been lost.
13 Finance
(a) All monies raised by or on behalf of the Council
shall be applied to further the purpose of the Council and not otherwise
provided that nothing here in contained shall prevent the payment in good
faith of reasonable and proper remuneration to any employee of the Council or
the repayment of reasonable out-of-pocket expenses.
(b) The Treasurer shall ensure that proper accounts are kept of the
finances of the Council.
(c) The accounts shall be audited at least once a year by the auditor
or auditors appointed at the Annual General Meeting.
(d) An audited statement of the accounts for the last financial year
shall be submitted to the Annual General Meeting.
(e) A bank account shall be opened in the name of the Council with a
bank or banks as shall be decided by the Executive Committee. The Executive
Committee shall authorise in writing the Chairman, Secretary, Treasurer and
any other Executive Committee member or any staff member as it shall decide
to sign cheques on behalf of the Council
All cheques must be signed by the Treasurer and one other of the authorised
signatories to be appointed by the Executive Committee
(f) The financial year shall run 1 April to 31 March.
14 Trust
Property
The title to
all real or personal property which may be acquired by, or on behalf of, the
Council shall be vested in a corporation lawfully entitled to act as
custodian trustee or in not less than three or more than five individual
persons (not being members of the Executive Committee).
15
Alterations to the Constitution
Any alterations
of this Constitution shall receive assent of not less than two thirds of the
Representatives of member organisations of the Council in accordance with
Clause 5 here of, present and voting at a general Meeting of the Council
provided that notice of any such alteration shall have been received by the
Honorary Secretary in writing not less than 21 days before the meeting at
which the alteration is to be brought forward. At least 14 days clear notice
in writing of such a meeting by the Honorary Secretary to each representative
and other Council members, provided that no alteration shall be made which
would have the effect of causing the Council to cease to be a charity at law.
16
Dissolution
If the
Executive Committee by a simple majority decide at anytime that, on the
grounds of expense or otherwise, it is necessary or advisable to dissolve the
Council, it shall call a General Meeting of the Council of which meeting not
less than 28 days clear notice (setting out the terms of the resolution to be
proposed there at) shall be given. If such decision shall be given. If such
decision shall be confirmed by a two thirds majority of Members of the
Council present and voting at such meeting the Executive Committee shall have
the power to dispose of any assets held by or on behalf of the Council. Any
assets remaining after satisfaction of any proper debts or liabilities shall
be given or transferred to such other charitable institutions having objects
similar to the objects of the Council as the Executive Committee determine.
17
Interpretation
(a) “Young People” as used in this constitution shall
mean persons of any race, nationality, creed or colour who have not attained
the age of 26 years.
(b) A “National Voluntary Youth Organisation” as used in this
Constitution shall mean a voluntary organisation with declared educational
objects, branches, affiliated associations, representatives, clubs or centres
of activity around the country and/or it provides its services to young
people throughout the country (or a substantial part of it) and is governed
by a legally constituted management body.
(c) “Kent Local Youth Association” as used in this Constitution shall
mean the voluntary associations of youth organisation as identified within
the curriculum - team areas of the county and affiliated to Kent Youth
Services.
(d) Kent shall be defined as the area administered by Kent Council and Kent postal districts covered by other local
authorities.
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