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1.0 The Community Council must call itself by the name which it is given in Appendix 1 of the Scheme for Establishment of Community Councils by West Dunbartonshire Council.
2.0 The general purposes of the Community Council is:
· to ascertain and co-ordinate the views of its community
· to express these views to the appropriate local and public authorities
· to act in the interests of its community
The Community Council should work to promote involvement and a sense of community spirit within its community.
2.1 The Community Council will be non party political and encourage involvement of people irrespective of gender, religion, race, age, disability, nationality or sexual orientation.
3.0 The Community Council will be made up of people elected under this scheme as detailed in Appendix 2 of the Scheme for the Establishment of Community Councils.
3.1 Additionally, up to one third of the maximum elected membership of the Community Council may be nominated from special interest groups and voluntary forums, provided they live in the community council area, they are on the electoral roll for the area, and they are the only person representing their group on the Community Council. They are not entitled to hold office but are entitled to vote at all ordinary meetings of the Community Council, except those affecting the constitution of the Community Council.
3.2 The Community Council can also appoint members for any special purpose by reason of their interest in or expertise in matters relating to the area of the Community Council. These people will be appointed for a fixed period, will not be entitled to vote and their membership will not extend beyond the annual general meeting next following their appointment, but they may be re-appointed. The number of people appointed in this way will not exceed one fourth of the number of elected members serving at that time.
3.3 The elected members of West Dunbartonshire Council whose ward includes any part of the area of the Community Council will be members of that Community Council ex officio. They will not be entitled to hold office and will not be entitled to vote on any item of business considered by the Community Council.
4.0 The period of office for members of the Community Council will be from the date of their election or co-option until the due date for the following election of members of the Community Council. Elections will, in principle, take place in October 2002 and at four yearly intervals thereafter.
5.0 A casual vacancy in the membership of the Community Council will be deemed to have arisen on the occurrence of any of the following events:
a) the death of a member;
b) resignation of a member intimated at a regular meeting or in writing to the secretary or chair of the Community Council;
c) non-attendance of a member at the meetings of the Community Council for a period of six months or three successive meetings without apology, whichever is the shorter;
d) an elected member ceasing to be qualified as a candidate for election as a member of a Community Council as specified in the Scheme for Establishment of Community Councils for West Dunbartonshire;
e) when an elected Community Councillor no longer lives in the area where he/she has been elected or is elected to the Local Authority, Scottish, British or European Parliament; and
f) when the number of elected members is enough to sustain the Community Council but less than the number of members to be appointed in terms of Appendix 2 of the Scheme.
5.2 When a casual vacancy occurs in the elected membership, the Community Council will be entitled to co-opt any person qualified as a candidate for election as a member of the Community Council and they shall serve as an elected member for the duration of time remaining of the person they are replacing. In co-opting a member to fill a casual vacancy the Community Council will advertise the vacancy, invite nominations and have regard to the list of unsuccessful candidates at the most recent elections for the Community Council.
5.3 Each member of the Community Council shall agree in writing to abide by the Constitution, any Standing Orders and Code of Practice.
6.0 The quorum for any meeting of the Community Council will be at least one third of its total elected members, one of whom must be an office bearer.
7.0 The Community Council will meet not less than 4 times per year, (from the date of the annual general meeting) in addition to the annual general meeting which will consider and approve the audited financial statement and the draft budget prior to its submission to West Dunbartonshire Council. The annual general meeting must be held no later than the last day of May each year.
(a) Apart from these mandatory meetings the Community Council will hold as many meetings as it thinks necessary during each year and in an election year will hold a meeting within 21 days after the date of the election.
(b) Meetings will be held at whatever times, dates and locations the Community Council may decide.
(c) Public notification will be given of the place, time and date of all Community Council meetings.
7.1 A Special Meeting can be called
(a) by the chairperson and the secretary
(b) when requested in writing by at least one fourth of the elected members; or
(c) when requested in writing by twenty electors for the area of the Community Council
7.2 The special meeting should only be called if the subject cannot be dealt with at the Community Council’s next ordinary meeting. This is a decision for the chairperson.
7.3 If a special meeting is called, it will be held within 21 days of the Community Council’s secretary receiving a written request stating the reason for the proposed meeting.
8.0 The agenda for every annual general meeting of the Community Council will include the appointments of chairperson, vice chairperson, secretary and treasurer and the consideration of the annual report of the community council and the audited annual statement of accounts. The annual statement of accounts will be audited by the Audit Section of West Dunbartonshire Council or, at the option of the Community Council, by auditors approved by the Head of Finance of West Dunbartonshire Council.
8.1 The chairperson, vice chairperson, secretary and treasurer will continue in office until the completion of business of the annual general meeting.
8.2 The period of office of the office-bearers of a Community Council will be for one year but they may be re-elected at the annual general meeting. The constitution of the Community Council may make provision for the removal of an office-bearer for good and sufficient reasons.
9.0 The Community Council will have the power to appoint committees and to determine the size, composition and functions of such committees.
10. The business of the Community Council and any committees formed by it will be conducted in terms of this Constitution.
11. The treasurer of the Community Council will keep full and proper books with full supporting vouchers of all income to, and expenditure by, the Community Council, and will ensure that the statement of accounts for each financial year is produced in terms of para 8 of this constitution. The financial year of the Community Council will run from the date of its inaugural meeting to 31 March 2000 and thereafter from 1 April to 31 March in the succeeding years.
12. The Community Council will be empowered to raise funds for projects and all other purposes within its stated purposes, and will be authorised to obtain loans to assist in carrying out its stated purposes from West Dunbartonshire Council in terms of the Scheme. All monies received by the community council, whether by way of grant, contribution or loan, will be applied by the Community Council to maintain its administrative structure and to further the objects of the Community Council.
13. The Community Council may, with the agreement of West Dunbartonshire Council, acquire and hold heritable property. If the Council does not agree, it must give a reason. The title to the property will be taken in the names of the office bearers as trustees for the Community Council, and their successors in office.
14. The Community Council should designate a member to liaise with the Planning Department of West Dunbartonshire Council.
15. The Community Council will not be wound up except
a) by resolution carried by a majority of two-thirds of those elected members present and voting at either an annual general meeting or special general meeting of the Community Council. The notice calling this annual general meeting or special general meeting will include an item on the agenda regarding the winding up of the Community Council.
(b) If the Community Council is wound up, all its funds will be disbursed according to any resolution passed at the meeting where it was resolved to wind up the Community Council. In the event of there being no such resolution, all the property and funds of the community council will be handed over to West Dunbartonshire Council who will keep the funds in a suspense account for one year for use by a successor Community Council should one be formed.
16. Any proposed alteration or amendment to the constitution must be made at an annual general meeting or special general meeting of the Community Council, where the proper notice has been given and two-thirds of the elected members present and voting, vote in favour of the alteration or amendment. No alteration or amendment will be effective until it has been submitted to and approved by West Dunbartonshire Council.
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