Constitution
DONABATE PORTRANE COMMUNITY COUNCIL CONSTITUTION
Adopted May 7th, 2014.
- NAME:
The ‘Council’ shall be known as ‘Donabate Portrane Community Council’ hereinafter referred to as the
‘Council’ and shall represent the area of ‘the Donabate/Portrane Peninsula, east of the N 1 road, from
Lissenhall Bridge to Dew’s Bridge’ hereinafter referred to as ‘the Peninsula’. The Council was originally established in 1940 under the name of Donabate Parish Council and has a long history of working for the benefit of the community. - OBJECTIVES AND POWERS:
2.1. The objectives of the Council shall be:
a) The promotion through collaborative and inclusive processes of the education, cultural and economic welfare of the whole community of Donabate Portrane and its environs as defined on
the ordnance survey maps held by the Council, regardless of class or political or religious
persuasion.
b) The representation of 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.
c) The provision of advice and assistance, where possible, to the local authority and other statutory bodies in the exercise of their functions in the locality including but not restricted to the representation of the range of views of the community in respect of strategies, policies, projects or other proposals of such bodies likely to impact on the community as a whole.
2.2 The following are the powers of the Council which shall be used only in the pursuit of the purposes of the Council as set out in 2.1 above:
a) To seek the views of the community at large where considered necessary for the achievement of the objects of the Council.
b) To acquire by rental, lease, purchase, donation or otherwise, such property and effects as shall be necessary or expedient to attain those ends.
c) To exchange any land, buildings or real or personal property held by the Association for other land, buildings or real or personal property or to sell, lease, let, dispose of or otherwise deal with
any lands, buildings or other real or personal property of the Council.
d) To acquire by gift, purchase, Fee Farm Grant, lease or otherwise and to hold any real or personal property and any rights over or in such.
e) To construct, alter, restore, repair, maintain, take down or remove buildings, erections, walls,
fences, railings, gates, seats or other structures on lands and property held by or under the care or management (whether jointly with any other person or not) of the Council and generally to
maintain, uphold, manage, improve and develop the property of the Council.
f) To procure the Council to be registered or recognised in any country, state or place and to
comply with any conditions, necessary or expedient, to enable the Council to carry out its objects in any country, state or place, and to establish local agencies for the purpose of carrying out the
objects of the Council. Provided however that in all cases the administration thereof shall be
carried on in Ireland.
g) To acquire in any manner (including acquisition by purchase out of the funds of the Council) and hold any investments (being at the time of acquisition of a nature authorised by law for the
investment of trust funds, or of a nature authorised by the trust of the fund out of which the
same shall be acquired, or by the Donor of the same) and to apply the income thereof (subject to any trusts imposed by the Donor of, affecting the same) at the discretion of the Management Committee for the preservation and maintenance of the property of the Council or any parts thereof, or for any of the objects of the Council.
h) To accept, seek and collect grants, subscriptions and donations by any means whatsoever
(whether of real or personal estate) and devises and bequests for all or any of the objects aforesaid, and to sell or dispose of or (as far as permitted by law) to lease and accept surrenders or lease of and manage all real estate (including leaseholds) so received and not required to be, or capable of being occupied for the objects of the Council and generally to manage, invest and expend all moneys and property belonging to the Council.
- i) To borrow or raise or secure the payment of money on the security of its assets in such manner as the Council shall think fit.
j) To act in concert or make any arrangements with any Department of State, Corporation, County
Council, Conservancy Fishery or other Local Authority, Public or Private Body, now or hereafter constituted, or with any resident in the neighbourhood of property of the Council with reference
to any of the objects aforesaid and to accept payment of money from such bodies in furtherance
of the objects of the Council and apply the same to such objects.
k) To act as Trustees of any property, real or personal, for any of the above objects of the Council.
l) To provide, build, endow, furnish and fit out with all necessary furniture, instruments and other equipment and to maintain and manage communal facilities in furtherance of the objects of the Council.
m) To establish and support, and to aid in the establishment and support of any other association formed for all, or any of the objects of this Council 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.
n) To adopt all such means including the granting of prizes, awards and donations and the promotion and provision of conferences, public and private meetings, discussions, publication
and dissemination of books, writings, pamphlets, correspondence and the organisation and holding of exhibitions, musical and dramatic performances and cinematographic, radio and
television shows and productions, and the employment of all other types of visual and oral communication or publicising, making known, promoting and furthering the objects and
proceedings of the Council, or any of them, as may seem expedient.
o) To enter into a partnership or into any arrangement for sharing profits, union of interest, co- operation, joint venture, reciprocal concession or otherwise with any person, company, society,
trust or other partnership whose objects are solely charitable, carrying on or engaged in or are
about to carry on or engage in, any business or transaction capable of being conducted so as directly or indirectly to benefit the Council and which prohibits the distribution of its income and assets to at least as great a degree as the Council by virtue to lend money or to guarantee the contracts of, or otherwise assist any such person, company, society, trust or other partnership
and to take over or otherwise acquire shares, stock, debentures or debenture stock and securities of any such person, company, society, trust or other partnership and to sell, hold, re- issue with or without guarantee or otherwise deal with same.
p) To do all such other lawful things as are incidental or conducive to the preservation and maintenance of the property of the Council or the attainment of the objects hereinbefore described, provided that in case the Council shall take or hold any property subject to the jurisdiction of the Commissioners of Charitable Donations and Bequests, the Council shall, if required by the Commissioners, vest the same in special trustees thereof and provided that as regards any such property the Council shall not sell, mortgage, charge, lease, dispose of or otherwise deal with the same without such consent as may be required by law and or from the Commissioners; provided that the Council shall not support with its funds any object or regulation which if an object of the Council would make it a Trade Union. - INCOME AND PROPERTY:
3.1. The income and property of the Council, wherever derived, shall be applied solely towards the promotion of the main object(s) of the Council as set forth in this Constitution. No portion of the
Council’s income and property shall be paid or transferred directly or indirectly by way of dividend,
bonus or otherwise howsoever by way of profit to members of the Council. No Management
Committee member shall be appointed to any office of the Council paid by salary or fees, or receive any remuneration or other benefit in money or money’s worth from the Council. However, nothing shall prevent any payment in good faith by the Council of:
a) reasonable and proper remuneration to any member, officer or servant of the Council (not being a member of the Management Committee) for any services rendered to the Council
b) interest at a rate not exceeding the lowest available bank interest rate on personal loans, on
money lent by Members of the Management Committee or other members of the Council to the
Council
c) reasonable and proper rent for premises demised and let by any member of the Council
(including any Management Committee member) to the Council
d) reasonable and proper out of pocket expenses incurred by any Management Committee member in connection with attendance to any matter affecting the Council. - ADDITIONS, ALTERATIONS OR AMENDMENTS:
4.1 No addition, alteration or amendment shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the Revenue Commissioners.
4.2 Only an AG.M. or Special General Meeting shall have the power to alter or amend this Constitution subject to approval of Revenue Commissioners.
4.3 Notice of proposed changes or additions to the Constitution shall be made public not less than fourteen days before the meeting at which they are to be considered.
4.4 Any such amendment or alteration must be carried by two thirds of all present entitled to vote.
5. MEMBERSHIP:
5.1 All persons residing permanently in the Peninsula are deemed to be members of the community.
5.2 All members of the community provided they are eighteen years of age or older, are entitled:
a) To nominate candidates for the Council. b) To be a candidate for the Council.
c) To take part in the election of the Council. - ORGANISATION:
6.1 The Council shall be elected at the Annual General Meeting herein after referred to as the AGM for a term of one year.
6.2 The Council shall consist of:
a) Representatives from housing estates/townlands on the peninsula and rrepresentatives nominated by voluntary organisations in the area.
b) The number of elected members shall be not be less that than eight and no more than twenty. If
insufficient numbers are achieved at AGM the Council reserves the right to co-opt additional members to the Council at a later meeting, those co-opted for this purpose shall retain full voting rights.
6.3 Elected public representatives, or those nominated for public representatives, are not eligible to hold membership of the Council.
6.4 Nominations to fill elected positions shall be submitted in writing to the Secretary one week in
advance of the AGM. Nominees must be proposed and seconded from the floor on the night of the AGM. In the event of there being more nominees than places at all General Meetings, elections will be held by secret ballot.
6.5 Vacancies arising in the number of directly elected members of the Council shall be offered first to those nominated but not elected at the preceding AG.M, in the order of the votes cast for them,
provided they received at least 50% of the votes cast for the last person to be directly elected at the
AG.M. If the number of members of the Council who were directly elected at the AG.M falls to seven a
Special General Meeting shall be held to fill all vacancies in the number of directly elected members. The Executive Committee also retains the right to co-opt members to the Council in order to reach the maximum of twenty committee members. Those co-opted for this purpose retain full voting rights.
6.6 Additional members for sub-committees or projects may be co-opted by the Council. The co-options shall be valid until the Council decides otherwise. Those co-opted for this purpose shall not have voting rights at Council meetings.
In considering who to co-opt for special projects/sub-committees, the Executive Committee shall have regard to the following:
a) Specific skill needs of Council
b) The extent to which specific areas or sectors of the community are not already represented on the Council
c) The objective of achieving age and gender balance on the Council
6.7 Any member of the Council absent from two consecutive meetings without reasonable explanation shall be notified that absence from a third meeting without reasonable explanation, shall under this constitution merit disqualification from the Council.
6.8 The Council shall elect from amongst its members an ‘Executive Committee’. The term of office of the Executive Committee shall be one year.
6.9 The Executive Committee shall consist of the following Officer positions:
a) Chairperson
b) Vice-chairperson
c) Secretary
d) Minutes Secretary
e) Planning Officer
f) Treasurer
g) Public Relations Officer (PRO)
6.10 The term of office of each Executive Committee member should be one year.
6.11 An outgoing chairperson or vice-chairperson may present themselves for re-election provided that no person shall be elected to such office for more than three consecutive terms.
6.12 The Executive Committee shall be responsible for all external negotiations on behalf of the Council and shall conduct its business in accordance with the directions of the Council. It may, however,
delegate this authority to members of the Council or to sub-committees of the Council.
6.13 The Executive Committee has the right to convene its own Officer Board meetings.
6.14 The Council may, from time to time, appoint such sub-committees as it may consider necessary or expedient for the purpose of carrying out specific projects and such sub-committees shall conduct their business in accordance with the directions of the Council, and may include from time to time persons who are not members of the Council, as deemed necessary by the Council.
6.15 Any Officer or member of the Council or its sub-committees or any affiliated body who engages in any act or behavior which is contrary to the objectives or policies of the Council said person may be
removed from membership or office by half plus one vote of the full Council membership. This
decision may be subject to appeal at the next AGM.
- COUNCIL MEETINGS:
7.1 One third plus one member of the Council, which shall include two Officers, shall constitute a quorum for the purpose of any meeting of the Council.
7.2 The Council shall meet as often as may be necessary but at least once in each of any ten months
between AG.M.s. It may meet more frequently to transact urgent business upon request in writing to the Secretary by a number of members of the Council equal to or greater than, the quorum for a Council meeting.
7.3 The Chairperson at any meeting shall have the casting vote in the event of a tie.
7.4 The Council, from time to time, may make such bye-laws not in conflict with its constitution as it may consider necessary or desirable for the management and well being or the Council and any
subsidiary activities. (e.g. procedures for meetings).
7.5 The Council may not rescind any decision already taken or repeal any bye-laws except by vote of half plus one of the full Council membership.
7.6 Any member of the community may attend a Council meeting, or part thereof, with the prior approval or the Chairperson, at the invitation of a member of the Council.
7.7 If the minute secretary is not present at an executive meeting, it is permissible for any executive member to take notes. - GENERAL MEETINGS:
8.1 The AGM of the Council shall be held in the first four calendar months of the year and no later than end of April. Not less than 14 days’ public notice of such meeting shall be given to the community.
8.2 The quorum at any General Meeting shall be twenty. Where this figure is not attained a further
meeting shall be called within one month, and if the quorum is not attained the meeting shall proceed and shall be considered as a valid General Meeting.
8.3 A Special General Meeting may be convened by the Council at any time, to discuss specific items. Not less than 14 days’ public notice of such meeting shall be given to the community, unless the urgency
of the matters to be discussed dictates otherwise.
8.4 Notice of the AGM or Special General Meeting shall be displayed publicly in such a manner and in such places as to ensure the community will have appropriate notification of the date, time and
place of the meeting. All Council members shall be notified in writing of such General Meetings.
8.5 Items for inclusion on the Agenda should be submitted to the Secretary one week in advance of the
AGM.
8.6 The outgoing Council shall remain in office until the end of the AGM.
8.7 The AGM shall receive reports on the year’s work, Chairperson’s report, Treasurer’s report, elections as required, together with such business as may be necessary. - FINANCE:
9.1 All monies and funds of the Council shall be deposited as soon as possible after receipt in such bank or bunks as the Council may by resolution designate.
9.2 All monies and funds of the Council shall be held in the name of the Chairperson, Treasurer and
Secretary of the Council for and on behalf of the Council.
9.3 The name of the Council shall be designated for bank account purposes.
9.4 The Treasurer shall only be chargeable for such monies as he/she may actually receive.
9.5 The financial year of the Council shall end on the last day of December in each year to which date the accounts shall be balanced and a statement shall be presented to the next AGM by the Treasurer.
9.6 Proper books of accounts of the Council shall be kept written up to date at all times and made
available to the Revenue Commissioners on request.
9.7 No financial commitment may be entered into by members of the Council without the prior approval of the Chairperson, Treasurer and Secretary.
9.8 No commitment in excess of €100 may be entered into without the prior approval of the Council.
9.9 In the event of the Council embarking on a major project involving Contract, legal advice may be sought regarding a system which would limit liability. - INSURANCE:
10.1 The Council may indemnify themselves and/or any agents or the Council with Public Liability
Insurance against all or any claims, damages, demands, actions, costs or proceedings arising from or in any way connected with employment of any person(s) or company or of any person(s) who may from time to time render voluntary assistance or help in any manner whatever to the Council. - COMMUNICATIONS:
11.1 The Council shall endeavor to maintain continuous contact with the community which it represents and to keep people informed of all plans, activities and progress.
11.2 The Executive Committee shall, from time to time, prepare a communications strategy having
regard to the different communication needs of the different sectors of the community. - POLITICAL ACTIVITES:
12.1 The Council shall not promote or endorse any political party or its candidates or independent candidates for election to a statutory body. - INTERPRETATION OF THE CONSTITUTION:
13.1 This Constitution shall be interpreted where necessary by the Management Committee within the context of Irish law if applicable. - DISSOLUTION/ WINDING UP:
14.1 The Council may only be dissolved by resolution of two-thirds of those present entitled to vote at a Special General Meeting convened for the sole purpose of dissolving the Council.
14.2 If upon the winding up or dissolution of the Council there remains, after the 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 object(s) 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 3 hereof, such institution or institutions to be determined by the members of the Council at or before the time of dissolution, and if so far as effect cannot be given to such provision, then to some charitable object.