Constitution
Constitution
1. NAME
The name of the council shall be Maddiston Community Council (herein after referred to as “the Council”), as determined by its first meeting after elections.
2. AREA
The boundaries of the Council shall be shown on the map attached to the Falkirk Council’s Scheme for Establishment of Community Councils (attached as Appendix 1 and hereinafter referred to as “the Scheme”).
3. OBJECTS
The objects of the Council shall be:-
To ascertain, co-ordinate and express to Falkirk Council and to public authorities, the views of the community which it represents in relation to matters for which those authorities are responsible:
To take such action in the interest of the community as appears to it to be expedient and practicable;
To safeguard and promote the best interests of the community and to foster a community spirit; The Council shall be non-party in politics.
4. MEMBERSHIP
From December 2017 to December 2021 The Council shall consist of elected members, Convenor - Jacquelene McDevitt*, Deputy Convenor - Ian Gilchrist, Secretary - Nicola Stainthorpe*, Treasurer - Campbell Boyd, Evelyn Graham and Thomas Harris. It shall include appointed representatives of local organisations with, in addition, such members as may be co-opted in terms of Clause 5 hereof. *resigned
From September 2017 The Local Authority has determined that, in order to ensure that each Community Council is best suited to the size needs of the area which it represents, as from the first statutory meeting following September the 2017 elections, each community council shall by its constitution determine the composition of that Council with effect from 2021, but that in accordance with paragraph 4.2 of the Scheme.
5. QUALIFICATION FOR ELECTION, NOMINATION PROCESS AND METHOD OF ELECTION – ELECTED AND NOMINATED MEMBERS
The qualifications for election, the nomination process, the methods of election and the process for dealing with nominations from local organisations are detailed in paragraphs 5-9 of the Scheme.
6. CO-OPTION TO THE COUNCIL
Co-option – Where, following any election the number is less than 6 but not less than 4, the elected members may fill the shortfall by co-opting persons in accordance with Paragraphs 4(b) of the Scheme to fill all or any of the vacancies existing. Casual vacancies occurring between elections may be filled in like manner. Any decision of the Council to co-opt persons to the Council must be supported by at least two-thirds of the elected and nominated members but not the co-opted members of the council in respect to each co-option.
The total number of co-opted persons must at no time exceed one-third of the elected membership.
Co-opted members shall hold office until the next following election shall have the same status as elected members and for the purposes of this constitution shall be regarded as elected members.
7. PROVISION FOR INCLUSION OF YOUTHS BETWEEN 16 AND 18 YEARS OF AGE
The community council would will local students from Braes High School to attend the community council as representatives to ensure that the views of young people in the community are represented.
8. VOTING RIGHTS OF MEMBERS IN THE COUNCIL
The right to vote at any meeting of the Council of any committee of sub-committee thereof shall be held by the elected members and appointed representative of local organisations and co-opted members, only excepting the co-opted members shall not have right to vote on matters specified in Clauses 5, 15, 16 hereof.
9. MEETINGS OF THE COUNCIL
Meetings of the Community Council, including Annual General Meeting and Special Meetings, shall be held in accordance with paragraph 12 of the Scheme.
10. ELECTION OF OFFICE BEARERS
Election of office bearers and appointment of staff of the Community Council shall be in accordance with paragraph 11 of the Scheme.
11. REMOVAL OF OFFICE HOLDERS FROM OFFICE
In the even of any chairperson, Vice-Chairperson or Secretary or Treasurer being found unfit to hold such office, which shall be a matter for the Community Council and Falkirk Council to decide together, the holder of that office shall vacate such post immediately upon such a decision being made, whereupon the council shall elect a new holder of the vacated office as specified in Clause 10 hereof.
12. COMMITTEES AND SUB-COMMITTEES
The Council may appoint such committees of sub-committees or working parties as it may from time to time and shall determine their composition, terms of reference, duration, duties and powers, subject to the approval of Falkirk Council.
13. PUBLIC PARTICIPATION IN THE WORK OF THE COUNCIL
The Council may invite a member of the public or the representative of an organisation to address any meeting of the Council or a committee or sub-committee thereof. But such persons will not have the right to vote at any such meetings All meetings of the Council and of committees and sub-committees, shall be open to all members of the public Notices calling the meetings of the Council and of the committees and the sub-committees thereof shall be posted prominently within the council area Copies of all minutes of meeting of the Council and if committees and sub-committees thereof shall, pending approval, be available for inspection by members of the public at suitable place or places within the area as soon as practicable after the meeting to which they refer Once in each year, in the month of September, the Council shall convene an Annual General Meeting for the purposes of submitting the annual report of the Council and the annual audited statement of accounts The Council may from time to time call Special General Meeting for purpose of considering matters of interest and importance Members of the Community council shall constitute a quorum for Annual and Special General Meetings and Council The Council may appoint, for specific purposes or projects, committees or sub-committees or working parties composed of members of the Council and others with appropriate knowledge and skills.
14. INFORMATION TO THE COUNCIL
Falkirk Council shall be sent a copy of the notice of all meetings, the minutes of all meetings, the annual repost, and the annual financial statement and all other suitable information, as the Council may decide.
15. CONTROL OF FINANCE
All monies raised by or on behalf of the Council or provided by local authorities shall be applied to further objects of the Council and for no other purposes The Treasurer shall keep proper accounts of the finances of the council The financial year of the Council shall be from 1 April, until 31 March of the succeeding year. The accounts shall be submitted to Falkirk Council within two weeks of the end of each financial year and shall be require to be verified by an appropriately qualified external person. All estimates for financial assistance requested to be granted to the council shall be made to Falkirk Council by 31 October in each year for the financial year commencing 1 April following. A vetted statement of accounts for the last financial year shall be submitted to a meeting of the Council and thereafter to the Annual General Meeting and shall be available for inspection.
16. TITLE OF PROPERTY
Property or other assets belonging to the Council shall be vested in the Chairperson, Vice-Chairperson, Secretary and Treasurer of the Council and their successors in these respective offices.
17. ALTERATIONS TO THE CONSTITUTION
Any proposal to alter the Constitution must be delivered in writing to the Secretary of the Council not less than twenty eight days prior to the date of the meeting at which it is first to be considered and the terms 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. Of the resolution is supported by thw0thirds of the combined elected and nominated, but no the co-opted membership if the Council and is approved, in writing, by Falkirk Council, the alteration shall be deemed to have been duly authorised.
18. DISSOLUTION If the Council by a two-thirds majority of the total elected and nominated, but not the co-opted membership decides at any time that on the grounds of expense or otherwise it is necessary or advisory to dissolve, it shall agree at date for a public meeting to be held to discuss the proposed resolution to dissolve and not less than fourteen days prior to the date of such meeting shall cause public notice to be given (by means of notification in the local newspaper, attachment to and at public notice boards etc.) indicating the terms of the proposed resolution and that persons qualified in accordance with clause 4(b) will be permitted to vote at the meeting. If the resolution is supported by a two-thirds majority of those persons present and qualifies to vote and is approved by Falkirk Council, the Council shall be deemed to be dissolved and all assets remaining after the satisfaction of any proper debts or liabilities shall transfer to Falkirk Council who shall hold same in Trust for a future Community Council for the areas or such other local organisation, having objects similar to those of the Community Council which the Falkirk Council may recognise as an appropriate replacement for the Community Council in the area.
In the event that the Council is dissolved under the above procedure and twenty of more electors subsequently wish to re-establishment of a Council for the areas, these electors shall submit as requisition to Falkirk Council in accordance with section 52(7) of the Local Government etc. (Scotland) Act 1994 on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the scheme.
Where for any reason a number of elected members on the Council falls below 5 Falkirk Council may, by suspending the Constitution of the Council cause to the Council to be dissolved and the this event, the procedures for the establishment of a new Community Council, being those adopted for the purposes of the initial elections of Community Councils and as detailed in Paragraph 7 of the Scheme and the Community Council election Rules shall be initiated by the Returning Officer.
1. NAME
The name of the council shall be Maddiston Community Council (herein after referred to as “the Council”), as determined by its first meeting after elections.
2. AREA
The boundaries of the Council shall be shown on the map attached to the Falkirk Council’s Scheme for Establishment of Community Councils (attached as Appendix 1 and hereinafter referred to as “the Scheme”).
3. OBJECTS
The objects of the Council shall be:-
To ascertain, co-ordinate and express to Falkirk Council and to public authorities, the views of the community which it represents in relation to matters for which those authorities are responsible:
To take such action in the interest of the community as appears to it to be expedient and practicable;
To safeguard and promote the best interests of the community and to foster a community spirit; The Council shall be non-party in politics.
4. MEMBERSHIP
From December 2017 to December 2021 The Council shall consist of elected members, Convenor - Jacquelene McDevitt*, Deputy Convenor - Ian Gilchrist, Secretary - Nicola Stainthorpe*, Treasurer - Campbell Boyd, Evelyn Graham and Thomas Harris. It shall include appointed representatives of local organisations with, in addition, such members as may be co-opted in terms of Clause 5 hereof. *resigned
From September 2017 The Local Authority has determined that, in order to ensure that each Community Council is best suited to the size needs of the area which it represents, as from the first statutory meeting following September the 2017 elections, each community council shall by its constitution determine the composition of that Council with effect from 2021, but that in accordance with paragraph 4.2 of the Scheme.
5. QUALIFICATION FOR ELECTION, NOMINATION PROCESS AND METHOD OF ELECTION – ELECTED AND NOMINATED MEMBERS
The qualifications for election, the nomination process, the methods of election and the process for dealing with nominations from local organisations are detailed in paragraphs 5-9 of the Scheme.
6. CO-OPTION TO THE COUNCIL
Co-option – Where, following any election the number is less than 6 but not less than 4, the elected members may fill the shortfall by co-opting persons in accordance with Paragraphs 4(b) of the Scheme to fill all or any of the vacancies existing. Casual vacancies occurring between elections may be filled in like manner. Any decision of the Council to co-opt persons to the Council must be supported by at least two-thirds of the elected and nominated members but not the co-opted members of the council in respect to each co-option.
The total number of co-opted persons must at no time exceed one-third of the elected membership.
Co-opted members shall hold office until the next following election shall have the same status as elected members and for the purposes of this constitution shall be regarded as elected members.
7. PROVISION FOR INCLUSION OF YOUTHS BETWEEN 16 AND 18 YEARS OF AGE
The community council would will local students from Braes High School to attend the community council as representatives to ensure that the views of young people in the community are represented.
8. VOTING RIGHTS OF MEMBERS IN THE COUNCIL
The right to vote at any meeting of the Council of any committee of sub-committee thereof shall be held by the elected members and appointed representative of local organisations and co-opted members, only excepting the co-opted members shall not have right to vote on matters specified in Clauses 5, 15, 16 hereof.
9. MEETINGS OF THE COUNCIL
Meetings of the Community Council, including Annual General Meeting and Special Meetings, shall be held in accordance with paragraph 12 of the Scheme.
10. ELECTION OF OFFICE BEARERS
Election of office bearers and appointment of staff of the Community Council shall be in accordance with paragraph 11 of the Scheme.
11. REMOVAL OF OFFICE HOLDERS FROM OFFICE
In the even of any chairperson, Vice-Chairperson or Secretary or Treasurer being found unfit to hold such office, which shall be a matter for the Community Council and Falkirk Council to decide together, the holder of that office shall vacate such post immediately upon such a decision being made, whereupon the council shall elect a new holder of the vacated office as specified in Clause 10 hereof.
12. COMMITTEES AND SUB-COMMITTEES
The Council may appoint such committees of sub-committees or working parties as it may from time to time and shall determine their composition, terms of reference, duration, duties and powers, subject to the approval of Falkirk Council.
13. PUBLIC PARTICIPATION IN THE WORK OF THE COUNCIL
The Council may invite a member of the public or the representative of an organisation to address any meeting of the Council or a committee or sub-committee thereof. But such persons will not have the right to vote at any such meetings All meetings of the Council and of committees and sub-committees, shall be open to all members of the public Notices calling the meetings of the Council and of the committees and the sub-committees thereof shall be posted prominently within the council area Copies of all minutes of meeting of the Council and if committees and sub-committees thereof shall, pending approval, be available for inspection by members of the public at suitable place or places within the area as soon as practicable after the meeting to which they refer Once in each year, in the month of September, the Council shall convene an Annual General Meeting for the purposes of submitting the annual report of the Council and the annual audited statement of accounts The Council may from time to time call Special General Meeting for purpose of considering matters of interest and importance Members of the Community council shall constitute a quorum for Annual and Special General Meetings and Council The Council may appoint, for specific purposes or projects, committees or sub-committees or working parties composed of members of the Council and others with appropriate knowledge and skills.
14. INFORMATION TO THE COUNCIL
Falkirk Council shall be sent a copy of the notice of all meetings, the minutes of all meetings, the annual repost, and the annual financial statement and all other suitable information, as the Council may decide.
15. CONTROL OF FINANCE
All monies raised by or on behalf of the Council or provided by local authorities shall be applied to further objects of the Council and for no other purposes The Treasurer shall keep proper accounts of the finances of the council The financial year of the Council shall be from 1 April, until 31 March of the succeeding year. The accounts shall be submitted to Falkirk Council within two weeks of the end of each financial year and shall be require to be verified by an appropriately qualified external person. All estimates for financial assistance requested to be granted to the council shall be made to Falkirk Council by 31 October in each year for the financial year commencing 1 April following. A vetted statement of accounts for the last financial year shall be submitted to a meeting of the Council and thereafter to the Annual General Meeting and shall be available for inspection.
16. TITLE OF PROPERTY
Property or other assets belonging to the Council shall be vested in the Chairperson, Vice-Chairperson, Secretary and Treasurer of the Council and their successors in these respective offices.
17. ALTERATIONS TO THE CONSTITUTION
Any proposal to alter the Constitution must be delivered in writing to the Secretary of the Council not less than twenty eight days prior to the date of the meeting at which it is first to be considered and the terms 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. Of the resolution is supported by thw0thirds of the combined elected and nominated, but no the co-opted membership if the Council and is approved, in writing, by Falkirk Council, the alteration shall be deemed to have been duly authorised.
18. DISSOLUTION If the Council by a two-thirds majority of the total elected and nominated, but not the co-opted membership decides at any time that on the grounds of expense or otherwise it is necessary or advisory to dissolve, it shall agree at date for a public meeting to be held to discuss the proposed resolution to dissolve and not less than fourteen days prior to the date of such meeting shall cause public notice to be given (by means of notification in the local newspaper, attachment to and at public notice boards etc.) indicating the terms of the proposed resolution and that persons qualified in accordance with clause 4(b) will be permitted to vote at the meeting. If the resolution is supported by a two-thirds majority of those persons present and qualifies to vote and is approved by Falkirk Council, the Council shall be deemed to be dissolved and all assets remaining after the satisfaction of any proper debts or liabilities shall transfer to Falkirk Council who shall hold same in Trust for a future Community Council for the areas or such other local organisation, having objects similar to those of the Community Council which the Falkirk Council may recognise as an appropriate replacement for the Community Council in the area.
In the event that the Council is dissolved under the above procedure and twenty of more electors subsequently wish to re-establishment of a Council for the areas, these electors shall submit as requisition to Falkirk Council in accordance with section 52(7) of the Local Government etc. (Scotland) Act 1994 on receipt of which the Returning Officer shall arrange for elections to be held in accordance with the scheme.
Where for any reason a number of elected members on the Council falls below 5 Falkirk Council may, by suspending the Constitution of the Council cause to the Council to be dissolved and the this event, the procedures for the establishment of a new Community Council, being those adopted for the purposes of the initial elections of Community Councils and as detailed in Paragraph 7 of the Scheme and the Community Council election Rules shall be initiated by the Returning Officer.