CONSTITUTION

OF THE

BILLERICAY DISTRICT RESIDENTS’ ASSOCIATION

1. NAME – The Association shall be known as Billericay District Residents’ Association. (“The Association”).

2. AIMS AND OBJECTS

ai. The Association shall be non-party political and non-sectarian.

bii. To maintain and improve the amenities of the District, guard the interest of all members, promote the election of suitable persons to various local bodies and to act in conjunction with other organisations in matters of common interest.To represent and protect the interests of residents of Billericay, work to improve the quality of life in Billericay and work for the benefit of the people of Billericay.

3. MEMBERSHIP

ai. Households situated within the three Basildon District polling wards, i.e. Billericay West, Billericay East and Burstead.

bii. Exceptionally and at the discretion of the Executive Committee, households situated outside the said wards may be members of the Association. Such members may receive the newsletter only if they make appropriate arrangements to collect it or to pay postage.

ciii. At the discretion of the Executive Committee, members whose subscription is six months in arrears, shall cease to be members.

div. The Executive Committee shall have the power to terminate membership of any member whose membership will, in their opinion, be prejudicial to the interests of the Association.

ev. The Executive Committee have the right to reinstate any member whose membership has been terminated as in 3(div).

fvi. No resolution passed by the Executive Committee under the provisions of this rule shall have any validity or effect unless the member in question shall have been given reason- able opportunity of being heard in his own defence. No portion of the annual subscription shall be refunded to any person whose membership is forfeited.

gvii. A member has the right to appeal to an extraordinary general meeting against a decision of the Executive Committee as in 3(div).

4. VOTING POWERS OF MEMBERS – a voting member shall be any person over 18 years of age and a member of a fully paid up household as defined in 3 (ai and bii)

5. MEETINGS

ai. The Annual General Meeting of the Association shall be held in May of each year.

bii. All members shall receive at least 14 days notice of annual and general meetings.

ciii. The election of the officers of the Executive Committee and the auditors for the ensuing year will take place at the A.G.M. and at that meeting, the audited accounts will be presented.

div. A quorum shall consist of not less than 12 fully paid up members, five of whom shall be officers of the Executive and/or Area Committees.

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ev. Motions for the Annual General Meeting and nominations for the election of Officers and Auditors shall be received by the Secretary at least seven days before the meeting. If insufficient nominations are received, the Chairman may accept nominations at the meeting. If any position remains unfilled, the Executive Committee shall have the power to fill such vacancies. The Chairman may also, at his discretion, accept motions, properly proposed and seconded at the meeting.

fvi. The first meeting of the Executive Committee shall take place within 14 days of the Annual General Meeting

gvii. The Chairman shall call an extraordinary general meeting within 28 days from the date receipt of the request of a full Committee or not less than 25 of the registered voting members. In the latter case, requests for such a meeting shall be made in writing to the Secretary, and at such meetings, business only shall be transacted as is included in the motion calling the said meeting.

6. EXECUTIVE COMMITTEE

ai. The Executive Committee shall consist of:- Chairman – Vice‑Chairman – Secretary – Treasurer – Membership Secretary – Press Officer and Local Area Committee representative, together with up to 3 members from each Area Committee.
Each Area Chairman to have a seat on it by right. All Residents’ Councillors to sit on the Executive Committee.
No Executive Officer shall hold a similar position on an Area Committee.

bii. The Executive Committee shall have the power to co-opt such other members as they consider necessary and to fill any vacancies, including Officers of the Association, which may arise during the year.

ciii. No member of the Association deemed by the Executive Committee to hold office in, or to be actively engaged in the affairs of any Political Party organisation shall be eligible to serve on the Executive Committee.

div. Six Four members of the Executive Committee shall form a quorum at a meeting of the Executive Committee including one Officer.

ev. The Executive Committee may appoint sub-committees to deal with such matters as are deemed necessary. The Chairman of each sub-committee so formed must be a member of the Executive Committee.

fvi. The Executive Committee shall ordinarily meet monthly, but in any event, on not less than nine occasions each year.

gvii. Committee Members failing to attend three consecutive meetings of the Executive Committee shall be deemed to have resigned unless otherwise ruled by the aforementioned Committee.

hviii. The Executive Committee shall be responsible for publishing a news lettersheet to be distributed normally monthly to every member with a minimum of 10 publications in any one year. The Executive Vice‑Chairman shall be responsible for the co-ordination of the editing which shall be carried out by three persons nominated normally by each area committee.The Editor & Publisher of the newsletter shall hold the office of Vice-Chairman. The content of the newsletter shall include material relevant to each Area Committee.

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7. AREA COMMITTEES

ai. There shall be three Area Committees known as East, West and Burstead. The boundaries shall conform to the electoral ward boundaries.

bii. The Area Officers shall be:- Chairman – Vice‑Chairman – Secretary – Treasurer – Membership Secretary – Planning Officer. The recommended maximum number of Committee members to be 12 (three of whom must be members residing in the area). This will include the Residents’ Councillors representing the area. The Chairman will sit on the Executive Committee with not more than two nominees from the Committee. In effect no member in whatever capacity shall be entitled to voting power on more than one area committee.

ciii. No member of the Aassociation holding office in, or actively engaged in the affairs of any Political Party Organisation shall be eligible for election as an Officer or member of an Area Committee.

div. The Executive Committee Officers and Residents’ Association Councillors elected for the Wards of Billericay East, West and Burstead shall be ex-officio members of all the Area Committees of which they are not already members by virtue of 7(bii) and shall have the right to have their views recorded at such meetings. The will not be entitled to vote at an Area Committee meeting of which they are ex-officio members.

ev. Area Annual General Meetings of members resident in each area shall be held in each calendar year within two weeks prior to or after the Executive A.G.M. to receive the Annual Reports and to elect Officers and Committee members for the ensuing year. Not less than 14 days notice of the Annual General Meetings shall be given by the Area Secretaries. All members of the Association shall be entitled to attend every Area Annual General Meeting but the right to vote thereat shall be restricted to members resident within the respective area.

vi. Motions for the Area Annual General Meeting and nominations for the election of Officers and Auditors shall be received by the Secretary at least seven days before the meeting. If insufficient nominations are received, the Chairmen may accept nominations at the meeting. If any position remains unfilled, the Area Committee shall have the power to fill such vacancies. The Chairman may also, at his discretion, accept motions, properly proposed and seconded.Nominations for the election of Area officers shall be received by the Executive Secretary at least 14 days before the Association Annual General Meeting. Elections of Area officers will be held at the Association A.G.M.

fvii. Each Area Committee shall, at its first meeting held within 14 days offollowing the Annual General Meeting, elect not more than 3 of its members to serve as its representatives on the Executive Committee of the Association until the next Area Annual General Meetings.

gviii. The Area Committee shall have the power to fill any vacancies arising during the year.

hix. The Area Committee shall ordinarily meet monthly but in any event not less than nine occasions in each year.

ix. Five members of an Area Committee present, of whom one must be an Officer of the Area, shall form a quorum at any Area Committee meeting.

jxi. Committee members failing to attend three consecutive meetings of the Area Committee shall be deemed to have resigned their Membership of the Area Committee unless otherwise ruled by the aforementioned Committee.

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kxii. Each Area Committee shall be responsible for the recruitment of members and the collection of Annual Subscriptions in its own Area – also for the distribution of the Resident and the maintenance of membership records.

lXiii. Area Committees shall have the power to submit propositions to the Executive Committee on matters of general policy and common interest but shall not have the power to act in such matters in any other manner unless so directed by the Executive Committee. Each Area shall deal only with matters which concern that Area.

mxiv. Each Area Secretary will write letters on behalf of that Area but they must be signed per pro the Executive Secretary. Only matters relating exclusively to the Area will be dealt with and copies of all letters must be sent to the Executive Secretary.

nxv. Each Area Committee may appoint sub-committees to deal with such matters as may be deemed necessary and shall fix the quorum thereof.

8. CONDUCT OF MEETINGS

ai. The Executive Committee shall cause minutes to be kept of the proceedings of all Executive Committee, Area Committee, Special and Annual General Meetings. These minutes shall be submitted for approval at the next Executive Committee, Area Committee, Special or General Meeting respectively and, if approved, signed by the Chairman. Any member of the Association may make a request to see the minutes of meetings but such requests must be approved by not less than two Officers of the relevant committee.

bii. Each member of a Committee being present shall be entitled to one vote at any meeting of that Committee except where otherwise provided by the rules.

ciii. Each member of the Association being present at any General Meeting shall be entitled to one vote at that meeting subject to the restriction contained in rule 4.

div. In the case of an equal number of votes being given for and against any resolution at any Committee or General meeting, the Chairman of that meeting shall be entitled to a second or casting vote.

9. FINANCE – the financial year of the Association shall run from 1st February to 31st January.

10. ACCOUNTS

ai. The Executive Committee shall cause proper books of accounts and records to be keptwill be responsible for ensuring that proper accounting records are maintained. It will be the responsibility of the Treasurer to maintain these records on a day to day basis.

bii. The books of accounts and records shall give a true and fair view of the state of affairs of the Association.

iii. At the Annual General Meeting the Treasurer shall present to the Association the audited accounts for the period since the last accounts made up to the end of the financial year.

civ. There shall be appointed at each Annual General Meeting one or moreone professionally qualified Auditors who shall hold office till the next A.G.M. An Auditor need not be a member of the Association, but if members area appointed there shall then be at least two Auditors. The Executive Committee shall have the power to fill any vacancy in this office during the year.

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dv. The Association shall maintain at least a current and/or deposit account in the name of the Association with a nationally recognised banking institution. Other types of banking accounts may be opened or closed as necessary with the approval of the Executive Committee. Such accounts may be maintained, either with the Association’s main bankers, or with any reputable banking institution, which may be considered by the Executive Committee to be appropriate. All accounts will be held in the name of the Association, and all statements of banking accounts will be sent to the Treasurer., and may maintain a share or deposit account in a Building Society in the name of the Association.

vi. The sum of up to £15.00 in petty cash to be held by the Executive Treasurer and £10.00 each Area Treasurer.

evii. There shall be three signatories presented to the bank and the Building Society – Chairman, Secretary and Treasurer of the Executive Committee. All cheques and other withdrawals of funds must be signed by the Treasurer and one other, otherwise in a prolonged absence of the Treasurer, at the discretion of the Executive Committee.in respect of withdrawals from any type of banking account maintained by the Association. Withdrawals must be signed by any two of the Treasurer, Chairman and Secretary. The only exception is that transfers between any of the Association’s banking accounts will normally be made by the Treasurer. Instructions to make such transfers may be authorised in writing, by facsimile, or by telephone. The Vice-Chairman may not be a signatory.

viii.Withdrawal from the Building Society account must be by cheque in favour of the Associationf. Any monies collected on behalf of the Association in cash, for example in respect of annual subscriptions, must be paid into the appropriate banking account as soon as possible after collection. The Treasurer is to be advised of these in-payments as soon as they have been made.

gix. MostAll accounts shall due by the Association will be paid by cheque except payments from petty cash. All cheques drawn on the Association’s Bank Accounts shall be approved in advance by the Executive Committee, except that urgent accounts may be paid on the authority of the Chairman or his deputy subject to sub-mission for ratification at the next meeting of the Executive Committee.Where fund raising events are held, small debts may be paid in cash, using cash received. Full details of such receipts and payments must be provided, as soon as possible after the event, to the Treasurer.

hx. The proceeds of fund-raising activities organised by Area Committees on an Area basis are to be held by the Treasure of the Association in the Association’s account. Such money to be accounted for separately and the Area Committee will have complete jurisdiction over its use. The Treasurer shall release funds from the Area Committee Account only on written authority of two Officers of the Are Committee. Should the Area Committee, as defined in the rules, cease to exist and an attempt to reform that committee fail, the Executive Committee shall be empowered to appropriate and use Area funds and assets at its discretion.will form part of the Association’s General Fund. Area expenses will be met from the Association’s General Fund.

xi. The annual accounts of the Association in the form of an Iincome and eExpenditure aAccount together with a Balance Sheet, shall be made up to the last day ofwill be prepared by the Treasurer as at the 31^st January in each year. The auditor who were appointed at the previous Annual General Meeting will audit the Income and Expenditure Account, which will be presented by the Treasurer at the following A.G.M. for approval by members. for present- ation at the A.G.M. and be subject to audit by the auditor/s of the Association, appointed at the previous A.G.M.

jxii. The accounts and records will be audited by the Vice-Chairman of the Executive Committee at three monthly intervals.An internal audit will be carried out approximately six months after the close of the previous financial year by an appointed member of the Executive Committee, but excluding the Chairman, Secretary or Treasurer.

kxiii. Accounts will be presented in written form aAt each Executive Committee meeting the Treasurer will present written details of the Association’s up to date financial position.

lxiv. An annual subscription shall be paid which will be determined at each A.G.M. The subscription covers all voting members in one household. A register of paid up members will be maintained.

11. COUNCIL REPRESENTATION – Candidates nominated for election to the County or Local Authority must be members of the Association and no person, deemed by the Executive Committee to hold office in, or be actively engaged in the affairs of any Political Party Organisation, shall be eligible for nomination. Nominations for prospective ward councillors may be made by any area committee within the Association but selection of said nominations will by the Executive Committee based upon the recommendations of a selection committee made of one member from each Area Committee plus one Officer of the Association.

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12. ALTERATIONS TO THE CONSTITUTION – The Constitution may only be amended at a general meeting of the Association by a 75% majority of the voting members present. Proposals to amend the Constitution, duly seconded by members, must be delivered in writing to the secretary 14 days before a general meeting. Members shall receive a copy of such proposals at least seven days before the meeting.

13. LIQUIDATION OF THE ASSOCIATION – The Association shall remain in being until an extraordinary meeting shall resolve by majority “that it be dissolved”. After the liquidation of all debts and outstanding liabilities of the Association, any remaining assets shall be distributed as the meeting of the members shall decide, for the benefit of the people of Billericay.

14. If affairs of the Association lapse through lack of support, and the remaining members find it impossible to attain a quorum to manage affairs, they may take action to dissolve the Association.

MAY 1978

(with amendments as at January 1986, May 1989, and May 2001 and May 2003)