Muintir Bhaire Community Council
Constitution

MUINTIR BHAIRE COMMUNITY COUNCIL WAS REGISTERED AS A COMPANY, LIMITED BY GUARANTEE AND INCORPORATED ON 22TH JUNE 2000.

 REGISTERED NUMBER OF COMPANY IS 329207. ADDRESS OF COMPANY OFFICE IS KILCROHANE, BANTRY, CO. CORK.THE OFFICIAL NAME OF THE ORGANISATION IS NOW
MUINTIR BHAIRE COMMUNITY COUNCIL LIMITED. 

 

1.  Name
     The Council shall be known as the Muintir Bhaire Community Council, hereafter referred to as the Council and shall cover the area of Muintir Bhaire and its environs as defined by the Ordnance Survey maps held by the Council.

2.  Aims
     The main aim of the Council shall be:

  1. The involvement of all the people in Muintir Bhaire and its environs in the promotion of the educational, cultural and economic welfare of the whole community, regardless of class or political persuasion.
  2. In furtherance of the main objects, the power of the Council shall be:
    a) to represent each and every member of the community and the community as a whole, in dealings with local government statutory bodies and other agencies in seeking, when considered necessary, technical, financial or other assistance in the promotion of the common good, and to advise and assist, where possible, the local authority in the exercise of its office in the locality.
    b) to acquire and hold by rental, lease, purchase, donation or otherwise, such property and effects as shall be necessary or expedient to attain these ends.
    c) to affiliate with and function as a constituent council of the organisation known as "Muintir na Tire".

3.  Membership
     All persons in the locality are deemed to be members of the community and providing they have reached voting age, which shall be EIGHTEEN YEARS, are entitled to nominate candidates for, and to take part in the election of the Council.

4.  Organisation

  1. The Council shall be elected for a period of three years.  No particular office can be held for more than three consecutive years.  No member may seek the same office again for a period of one year.
  2. The Council shall consist of:
    1. Elected representatives or representatives from each district as defined by the Council and approved by a General Meeting of the community, such representatives to be elected by ballot by the members of the community as defined in rule 3 above.
    2. Elected representatives from voluntary organisations as defined by the Council.
    3. A maximum of four members may be co-opted by the Council as representing an aspect of the community not otherwise adequately represented as being of particular value to the Council by reason of personal achievements or expertise.  Two of the co-options may be from people under the voting age.
    4. A member being co-opted has to be proposed and seconded and accepted by two-thirds of the members present.
  3. A vacancy arising in the number of the elected representatives of the districts shall be filled by the candidate from the same district having polled the next largest number of votes in the last election.  In the event of their being no such candidate able and willing to act, the Council shall have the power to appoint a member of the community to fill the vacancy.  The filling of the vacancy shall be effective until the next election.
  4. The Council, by nomination and secret ballot, shall elect annually from amongst its members an executive committee, namely - Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, Treasurer, and Public Relations.  It shall be permissible for the position of Public Relations Officer to be held by one of the other officers.
  5. In the event of the Council embarking on a major project involving property, legal advise shall be sought regarding a system that would limit liability.
  6. The Council shall meet as often as may be necessary but at least once a month in each of ten months of the year.
  7. Unexplained absence from three successive meetings of the Council, may be understood and taken as implicit resignation from the Council by the members concerned.
  8. That one more than a third of the number of members of the Council shall constitute a quorum for the purposes of any meeting of the Council, properly convened.
  9. The Council may, from time to time, appoint such sub-committees as it may deem necessary or expedient for the purpose of carrying out specific projects and such sub-committees shall conduct their business in accordance with directions of the Council. It shall, where appropriate, appoint one of its members as chairperson of each sub-committee and s/he shall submit a progress report of the sub-committee at each meeting of the Council unless otherwise directed by the Council.
  10. Sub-committees shall be encouraged to co-opt members of the community considered suitable for the particular work on hand or because of their leadership and skills.
  11. The Executive Committee shall be responsible for all external negotiations on behalf of the Council and sub-committees.  It may, however, delegate this authority to members of the Council or of the sub-committees.
  12. The Executive Committee shall have the right to meet in private from time to time.
  13. The Executive Committee shall have the power to convene Council meetings.
  14. The Chairperson at any meeting shall, in the event of a tie, have a second or casting vote.
  15. The Council may, from time to time, make by-laws not inconsistent with its Constitution, as it may consider necessary or desirable for the management and well-being of any subsidiary activities.
  16. The Council may not rescind any decision already taken or repeal any by-laws without prior notice of motion and passed by two-thirds majority of members present.

5.  General Meetings

  1. The Annual General Meeting of the Council will be held in March each year.
  2. All members of the Council shall be notified of the date, time and place of the AGM.
  3. All members of the local community are entitled to attend and to take part in the general discussion, but only elected members of the Council have voting rights.
  4. The AGM shall include reports from officers of the Council and its sub-committees followed by a general discussion.
  5. One more than a third of elected members shall constitute a quorum for the purpose of the AGM.
  6. A Special General Meeting may be called by resolution of the Council for the purpose of discussion of an urgent matter which has serious implications for the Council and the local community as a whole.
  7. An Extraordinary General meeting may be called by resolution of the Council, or shall be called on written request of at least fifty members of the local community, stating in writing the reason for such a meeting.  This Extraordinary General Meeting must be held within fourteen days of the written request being handed to the Secretary of the Council.

6.  Finance

  1. All monies and funds of the Council shall be deposited as soon as:
    1. an account is opened in a Financial Institution as designated by a resolution of the Council in the name of the treasurer, Chairperson and Secretary on behalf of the Council.  All cheques and other withdrawals of funds, monies or cash on behalf of the Council shall be signed by the Treasurer and Chairperson or Secretary.
    2. Monies and funds in the Financial Institution belonging to the Council may be put on deposit in the same manner to gain interest if sufficient monies are available at any time.
  2. Insofar as the assets of the Council may be deficient, the Council shall be indemnified against liability or expense legitimately incurred by reason of position of members of the Council. Provided always that in the event of cash assets becoming deficient to the extent of £500 for a period of not more than two months, the Council shall call a Special General Meeting to consider the financial position.
  3. The Treasurer shall only be chargeable for such monies as s/he may actually receive.
  4. The financial year of the Council shall end on 31st December in each year, to which date the accounts shall be balanced and a statement shall be prepared for the next Annual General Meeting.
  5. Annual audited accounts shall be kept and made available to the Revenue Commissioners on request.

7.  Insurance
     The Council must indemnify themselves and/or Trustee(s) and/or any agent of the Council against all or any claims, damages, demands, actions, costs or proceedings arising from, or in any way connected with the employment of any person or persons or company or any person or persons who may at any time render voluntary assistance or help in any manner whatever to the Council.

8.  Communications
     The Council shall endeavour to maintain continuous contact with the community which it represents, and to keep people informed of all plans, activities and progress.

9.  Interpretation of Constitution
     The Council is the sole authority for the interpretation of this Constitution and any of its rules or by-laws made thereunder.

10. Amendments to Constitution
     Only a General meeting shall have the power to alter or amend this Constitution.  Written notice of any proposed alteration or amendment shall be submitted to the Secretary not later than thirty days before the date of such a meeting.  Any such amendment or alteration must be carried by two-thirds majority of all present and entitled to vote.  all members of the community must be notified of any proposed amendment not less than seven days before the meeting.
     No Additions, alterations or amendments shall be made to or in the provision of this Constitution for the time being in force unless the same shall have been previously approved by the Revenue Commissioners.

11. Trustees
      Elect Trustees and confirm them at each Annual General Meeting.

12. Income and Property
      The income and property of the Council, wherever derived, shall be applied solely towards the promotion of the main object of the Council as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Council.
      Provided that nothing herein shall prevent the payment, in good faith, of reasonable and proper remuneration to any officer or servant of the Council, or to any member of the Council, in return for any services rendered to the Council, nor prevent the payment of interest at the rate not exceeding five per cent per annum on money lent or reasonable and proper rent for premises demised or let by any member of the Council, but so that no member of the Council shall be appointed to any salaried office of the Council or any office of the Council paid by fees, and that no remuneration or other benefit in money or money's worth shall be given by the Council to any member of such committee, except repayment of out-of-pocket expenses and interest at the aforesaid on money lent or reasonable and proper rent for premises demised or shall not apply to any payment to any company of which a member of the Council may be a member and in which such member shall not hold more than one-hundredth part of the capital, and such member shall not be bound to account for any share of profit(s) s/he may receive in respect of any such payment.

13. Winding-Up
      If upon the winding-up or dissolution of the Muintir Bhaire Community Council there remains, after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Council but shall be given or transferred to some other charitable institution or institutions having main objects similar to the main objects of the Council and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Council under or by virtue of clause 12 hereof, such institution or institutions to be determined by the members of the Council at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then to some charitable object.

Approved unanimously by Muintir Bhaire Community Council on 19th April 1999.

This format is approved by the Charities Section of the Revenue Commission November 1996 for Councils seeking exemption from tax as being established for Charitable Purposes only.