Constitution - Hastings Voluntary Action

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Constitution
for the
Hastings and Rother Health & Social
Care Forum
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Mission Statement
The Hastings and Rother Health & Social Care Forum was
created to welcome and embrace all voluntary and
community groups who are involved in Health and Social
Care activities in the Hastings and Rother area;
To bring together representatives and
organisations working within the sector
to become a unit that interacts with both
the statutory and the community it
represents.
To undertake the delivery of the voice
from our Forum to all agencies and sectors
within the vista of Health, Care and Well
Being themes.
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INDEX
Clause 1
Name
Page 4
Clause 2
Area of benefit
Page 4
Clause 3
Aims & Objectives
Page 4
Clause 4
Powers
Page 5
Clause 5
Membership
Page 5
Clause 6
Forum Management Committee
Page 5
Delegation: sub groups
Clause 7
Meetings
Page 6
Page 7
Attendance at meetings
Page 7
Committee and Forum meetings
Page 7
Annual General Meeting
Page 7
Special General Meeting
Page 8
Clause 8
Quorum
Page 8
Clause 9
Voting
Page 9
Clause 10
Elections
Page 9
Resignations
Page 10
Clause 11
Declarations of Interest
Page 10
Clause 12
Equal Opportunities Statement
Page 12
Clause 13
Administration and Finance
Page 13
Clause 13a
Finance
Page 13
Clause 14
Amendments to the Constitution
Page 11
Clause 15
Dissolution
Page 12
Clause 16
What can we do, if this constitution
is not clear?
Page 12
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Constitution of Hastings & Rother Health and Social Care Forum
Introduction
This constitution has been developed to set out the aims, objectives and
operating processes of the Hastings & Rother Health Social Care Forum.
Although it contains all the legal requirements of a Constitution it is
deliberately written in a clear and simple way so that our procedures can
be made as clear as possible to our members, partners and supporters.
Adopted on the 13th day of October 2009
1) Name
The name of our Association will be the Hastings & Rother Health and Social
Care Forum (H&RH&SCF), referred to in this document as the Forum.
2) Area of benefit
The area of benefit for the Forum will be the Hastings and Rother area as
defined on the map at appendix A.
3) Aims and objectives
Aims
1. To engage with all Health and Social Care voluntary and community
groups.
2. To be a conduit for information.
3. To encourage close working between groups.
4. To represent the views of the voluntary and community sector
whenever there is an opportunity to do so.
5. To seek to ensure representation on all bodies/committees dealing with
Health and Social Care which have a place for the voluntary and
community sector.
6. To enable the Forum to be recognised as the body that statutory
agencies consult with and contact for information concerning the
voluntary and community sector on health and social care issues.
7. To strive to ensure our voice is heard and listened to by statutory
agencies.
Objectives
a) All member groups to be encouraged to actively participate in the
Forum and have their voice heard to assist them in achieving their
aims.
b) To be reactive to legislation on Health and Social Care issues and how
it affects Hastings and Rother.
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c) To be proactive in proposed changes in Health and Social Care in
Hastings and Rother.
d) To strive for improvement in services and fight reductions and closures.
4) Powers
The Management Committee must manage the business of the Forum and
they have the following powers in order to further the Objects (but not for
any other purpose):
a) to raise funds. In doing so, the Forum must not undertake any
substantial permanent trading activity and must comply with any
relevant statutory regulations;
b) to buy, take on lease or in exchange, hire or otherwise acquire any
property and to maintain and equip it for use;
c) to sell, lease or otherwise dispose of all or any part of the property
belonging to the Forum
d) to co-operate with other charities, voluntary bodies and statutory
authorities and to exchange information and advice with them;
e) to set aside income as a reserve against future expenditure but only in
accordance with a written policy about reserves;
f) to obtain and pay for such goods and services as are necessary for
carrying out the work of the Forum;
g) to do all such other lawful things as are necessary for the achievement
of the Aims and Objectives;
5) Membership (Group)
There is no formal membership process for the Forum. Any voluntary and
community group working in the field of health and social care, in Hastings
and Rother, and wishing to attend meetings and networking events are
welcome.
All groups attending networking events will be added to the Forums
mailing database. This list will be reviewed every two years.
6) Forum management committee:
a) Day-to-day running of the Forum will be invested in the management
committee.
b) The management committee will be elected following the procedure
laid down in clause 10 of this constitution.
c) The management committee will consist of a minimum of 5 and a
maximum of 10 elected representatives, including officers and chairs of
sub groups. Officer positions will be decided at the first management
committee meeting after the AGM.
d) The management committee will ensure a regular programme of
meetings and/or events take place each year.
e) The Management Committee will formulate policies as appropriate to
the Forum, including, but not only, a financial policy, a swift response
policy for emergency items and a code of conduct.
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Delegation: Forum sub committees1:
The Management Committee may appoint one or more sub-committees
for supervising or performing any activity or service. In each such case:a) the Management Committee will define the terms and reference of the
sub-committee and may also determine its composition and the
duration of its activities;
b) the Management Committee may impose conditions when delegating,
including the conditions that;

The relevant powers are to be exercised exclusively by the
committee to whom they delegate;

No expenditure will be incurred on behalf of the Forum except in
accordance with a budget previously agreed with the Management
Committee.
c) The Management Committee may revoke or alter a delegation at any
time.
d)
All acts and proceedings of the sub-committees shall be reported to
the Management Committee in the agreed manner
e) All sub committees will be chaired by a member of the Management
Committee.
7) Meetings:
Attendance at Meetings
All groups working in the Health and Social Care sector are welcome to
any public/networking events and observe meetings organised by the
Forum. The only occasion where such attendance would be restricted is
where the Management Group – by a majority vote - consider that the
behaviour of a group representative is such that it would affect the smooth
and professional conduct of the Forums business or that the matter being
discussed should be considered confidential. This would be a rare event
but we think there might be circumstances where it would be necessary
because:The matter under discussion is of a sensitive nature and an open
discussion might hinder the Forums ability to conduct its business
The matter under discussion affects an individual and the Management
Committee think that holding that discussion in an open meeting would
cause them distress
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Sub committees as at 2009 – VOSOP, Counselling Forum, Children and Families Reference Group
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The Forum has a legal obligation to maintain confidentiality to fulfil its
objectives.
If it is thought necessary to conduct a meeting in “closed session” the
reasons for this shall be clearly explained by the Chair (or other
Management group member making the proposal) and a majority vote will
be taken before any observers or visitors are asked to leave the meeting.
Except for the rare cases where it might be necessary, the Forum commit
to keeping groups informed of its work through the publication of relevant
information such as newsletters, reports, minutes, e-mails, web-site
information.
Forum Management group meetings:
There will a minimum of 6 committee meetings and 6 networking events
per year, the purpose for which will be:
Committee meetings:
 to discuss and decide on the day-to-day administration and financial
affairs of the Forum
 to direct the work of the Forum administrator (when in post)
 to receive reports from Forum sub committees
 to plan and deliver networking events
 to recommend representatives to fill casual vacancies
Networking events will be planned to coincide the Healthier Hastings
Partnership Board:
Networking events:
 to provide opportunities for groups working in the Health and Social
Care sector to meet and discuss issues and topics;
 to deliver, or to arrange for speakers to deliver, presentations on
topical subjects;
 to provide briefing papers where appropriate
 to canvass opinion of front line groups to inform the strategic
planning of H&RSCF
 to elect representatives to sit on statutory/advisory
committees/panels
 to ratify representatives filling casual vacancies
AGM: see also clause 10
a) The minutes of the previous AGM will be presented and approved;
b) A review of the activities of the Group will be given;
c) The existing Committee will stand down;
d) The Officers and Committee for the next year will be elected and we
will aim to have an independent person available to take the election;
e) Any amendments to the Constitution will be voted on
f) We will appoint an external scrutineer to make sure that all expenditure
and income is recorded and that we have good systems for looking
after any funding we have.
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g) We will invite questions, comments and discussion from our members
to help steer our work and priorities for the next year
h) If there is no-one willing to stand, the Committee will decide whether to
start procedures to close the Group down. Alternatively, the Committee
can continue in office to try and redevelop the Group for up to 6
months. It is the responsibility of the Committee to recruit a new
Committee or formally dissolve the Group within that period.
Special General Meetings:
The Management Committee may call a special general meeting at any
time.
The Management Committee must call a special general meeting if
requested to do so in writing by at least 5 groups of Forum. (who are on
the Forum database). This could be in the form of a letter signed by 5
groups. The request must state the nature of the business that is to be
discussed. The Chair will ensure that the meeting is held within 21 days
and that all groups are given 14 days prior notice. If any motion or
proposal is being advanced this will be circulated to all groups on the
database in advance of the meeting so that as many people as possible
can participate in any discussion or vote.
If the Management Committee fails to hold the meeting within twenty-eight
days of the request, the members may proceed to call a special general
meeting but in doing so they must comply with the provisions of this
constitution
8) Quorum
To make a decision at a meeting the number of representatives needed
will be:
Management Committee meetings:

3 or 1/3rd of the elected management group, whichever is the
greater
If:
a quorum is not present within half an hour from the time appointed
for the meeting; or
during a meeting a quorum ceases to be present, the meeting shall
be adjourned to such time and place as the management group
shall determine.
a) The Management committee must reconvene the meeting and must
give at least seven clear days’ notice of the reconvened meeting
stating the date, time and place of the meeting.
b) If no quorum is present at the reconvened meeting within fifteen
minutes of the time specified for the start of the meeting the members
present at that time shall constitute the quorum for that meeting.
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General meetings/networking events:

No quorum is required for a general meeting to take place, however
for a decision requiring a vote a minimum of 7 groups need to be
present
9) Voting – Management committee and general meetings
a) The Forum will try to work by consensus (i.e. we will try to come to an
agreement) but where this is not possible, decisions will be made by
majority vote.
b) Each group has one vote.
c) In the event of a tied vote the Chairperson of the meeting shall decide
on whether the issue would benefit from further discussion. In the
event of an issue being dead-locked the Chairperson will have a
casting or deciding vote.
10) Elections:
a) All voluntary and community groups on the Forums mailing (database)
list will be eligible to put forward a representative to sit on the
Management Committee.
b) All groups on the database will be eligible to vote for representatives to
sit on the Management Committee
c) Elections will take place annually in February .
The February networking meeting will be the Forum Annual General
Meeting (AGM).


The AGM will elect a minimum of five people, maximum of 10, to
serve as Management Committee members. Officers and other
roles will be decided at the first Management Committee
meeting after the AGM.
Each member of the Management Committee will retire with
effect from the conclusion of the second annual general
meeting next after his or her appointment but shall be eligible for
re-election at that annual general meeting.

Each of the committee members will serve for two years, but, to
enable the rolling programme of elections to begin, some
members may, in the first year, be asked to stand down before
the end of their term of office is complete. The Management
Committee will determine, by a process agreed by them, which
committee members will be asked to stand down in the first
year.

Officer positions, namely Chair, Vice-chair, Treasurer and
Secretary are time limited positions. Each of these roles can be
held for no more than 6 sequential years, after which a period of
1 year must lapse, before they can be re-appointed to an officer
role.
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Timescale:
Groups wishing to send a representative to sit on the Management
Committee will be asked to provide the name of the person put
forward and a personal statement of no more than 300 words, from
that person, by the end of November.
Voting papers will be sent to each group, together with personal
statements of those wishing to be elected to the Forum Management
Committee, at the beginning of January, to be returned no later than
the end of January.
February Forum network event – elections held, following the format
laid down by the Management Committee.
Forum Management Committee – resignations
Should a Forum Management Committee member resign/leave their
position mid-way through their term, the Management Committee can fill
the position by making recommendations for these casual vacancies to
be filled, so long as this decision is ratified by those attending the next
networking event.
11) Declarations of Interest:
Committee members need to be aware of areas of discussion and
decision which could give rise to a conflict of interest. A representative in
such a position needs to declare an interest in the subject. The
Management group then need to decide whether the representative
should withdraw from the discussion/ decision, or whether they can
contribute but not have a vote on the subject.
12) Equal Opportunities Statement:
We want people from different backgrounds and with different
experiences to be part of the Forum. To make this happen we will;
a) strive to make the Forum a place where anyone can feel welcome
and safe;
b) challenge any remarks or behaviour that causes offence and makes
some people feel unwelcome;
c) do our best to overcome any obstacles to people in giving their view
or getting involved in the Forum;
d) review this statement regularly, and according to our policy review
schedule and to ensure that we are doing everything we can to
include as many people as possible;
e) communicate in a clear and simple way and try to avoid jargon or
language which may not be clearly understood;
f) monitor and review our policies and procedures to ensure that any
inequalities are identified and solutions sought.
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13) Administration & finance:
Hastings Voluntary Action (HVA), as the Lead Agency approved by the
Hastings & Rother NHS, will provide appropriate administrative, financial
and professional support to the Forum, including:
a) the regular provision of agendas, minutes, briefing papers, financial
reports and other material to facilitate the effective operation of the
Forum;
b) providing a member of staff to take minutes;
c) appropriate material to enable the Forum to obtain information in an
appropriate format;
d) administration of funding held on behalf of the Forum and as directed
by the Forums Management Committee, so long as such spending is
within the agreed budget, or to comply with any contract or funding
agreement which the Forum may have entered into. Claims for
payments out of funds held by HVA will be made in accordance with
the procedures laid down in the Forums financial policy;
e) Out of pocket expenses will be paid in accordance with the procedures
laid down in the Forums financial policy.
HVA can only be committed to its role for as long as it receives funding.
13a) Finance
The Forum will ensure that there is a written finance policy.
a) The Forum/Management Committee can raise funds on behalf of the
Forum as they see fit, as long as all funding is used in line with the
aims and objectives of the Forum.
b) We will open a bank account that provides a cheque book for the
Forum and we will nominate a minimum of 2 signatories for all cheques
c) The signatories must not be members of the same household
d) The Forum will keep receipts for all funds paid out.
e) Any expenses incurred must by approved by the Management
Committee prior to purchase
14) Amendments to the Constitution:
This constitution may only be amended at a Forum AGM. If anyone
wants to make any amendments to this document, they have to put them
in writing and send them to the Chair, stating the changes and the
reason for the amendment(s). The Chair will ensure that the
amendment(s), together with supporting explanation, are sent to all
groups giving 21 days clear notice of the meeting. Any resolution to
amend this constitution must be passed by not less than two thirds of the
members present and voting at an AGM.
Changes to the Constitution must not weaken the Forums commitment to
equal opportunities, nor change the aims and objectives to the extent
that they no longer reflect the original intentions behind setting up the
Forum.
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15) Dissolution
a) The Forum may only be dissolved at an open meeting, to which all the
groups are invited.
b) All groups have to be informed that a decision about the future of the
Forum will be on the agenda.
c) It is the responsibility of the Chair to ensure that all groups are
informed in advance of the meeting and its purpose.
d) A proposal to dissolve the Forum will only be carried if agreed by two
thirds of the groups present.
e) All outstanding bills will be paid.
f) The remaining funds and possessions, after returning any funding to
the appropriate funder, will be assigned to a not for profit organisation
whose work most closely aligns with the Forums aims and objectives.
16) What we can do, if details are not clear:
Any interpretation of this document or any additional points not covered as
yet will be decided by a majority vote of the Forum Management group,
and ratified by the groups at the next Forum networking event.
17) Arrangements until first annual General Meeting.
Until the first annual general meeting takes place this constitution shall take
effect as if references in it to the Management Committee were references to
the persons whose signatures appear at the bottom of this document.
This constitution was adopted on the 13th October 2009 by the members
present at the meeting and as documented by the signing in list attached, and
signed on behalf of those persons by the chair of the meeting.
……………………………………………………………………………………….
Chair of the meeting
Roger Sweetman
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