Constitution
ST JOHN THE EVANGELIST SCHOOL
Shilton Park, Bluebell Way, Carterton, OX18 1JF
St John's School Association
1. OBJECTIVE
The objective of the Association is to improve the education of children in the School in particular by
- developing effective relationships between the staff, parents, children and others associated with the School
- engaging in activities which support the School to provide equipment and resources
2. MEMBERSHIP
Members of the Association are:
- the parents/guardians or carers of a pupil currently attending the School
- the members of the teaching and non-teaching staff currently employed by the School
- the members of the Governing Body
BUT if necessary the Committee may for good reason (whether or not at the request of the Governing Body or the Headteacher) exclude any person from membership whose presence at or support of the School is deemed a danger to the School or its pupils or staff, or might bring the Association into disrepute. Only after notifying the member concerned in writing and considering the matter in the light of any written representations which the member puts forward within 14 clear days after receiving notice.
Any issue deemed STRICTLY CONFIDENTIAL (eg Child Protection related) shall be dealt with by the Headteacher and managed accordingly.
3. GENERAL MEETINGS
- The members are invited to attend a general meeting once a term
- All members are entitled to attend any general meeting, AGM or Emergency General Meeting of the Association
- All meetings are called by 21 clear days written notice to the members specifying the business to be transacted
- There is a quorum at a general meeting if 50% of the committee members are present together with no less than 4 members of the Association at the commencement of the meeting.
- Except where otherwise provided in this Constitution, every issue at a General Meeting is determined by a simple majority of the votes cast by the committee members and members of the Association present in person.
- Except for the Chair of the meeting, who has a second or casting vote, every member present in person is entitled to one vote on every issue
- An AGM must be held in every year (except that the first AGM may be held at any time within 18 months after the formation of the Association)
At an AGM the members will :
- receive the accounts of the Association for the previous financial year
- receive the report of the Committee on the Association's activities since the previous AGM
- elect the Committee
- appoint an independent examiner or auditor for the Association
- confer on any individual (with his or her consent) with the role of Chair
- discuss and determine any issues of policy or deal with any other business put before them
An EGM may be called at any time by the Committee and must be called within 21 days after a written request to the Committee from a least 10 members of the Association
4. THE COMMITTEE
The Committee will / shall:
- have control of the Association and its property and funds
- comprise the officers and the other persons all of whom must be members of the Association
- be elected at the AGM and shall hold office until the next AGM
Nominations for election to the Committee may be self nominated but must be agreed in a general meeting. Nominations should be made in writing to the Chair at any time until the election process has been completed.
A Committee member automatically ceases to be a member of the Committee if he or she :
- is disqualified under the Charities Act 1993 from acting as a charity trustee
- is incapable, whether mentally or physically, of managing his or her own affairs
- is absent from three consecutive meetings of the Committee
- has no link with the school
- resigns by written notice to the Committee
- is removed by a resolution passed by all the other members of the Committee after inviting the views of the Committee member concerned and considering the matter in the light of any such views
5. COMMITTEE MEETINGS
- The Committee must hold at least one meeting per term
- A quorum at a Committee meeting is 50% of the total current membership of the Committee members
- The Chair or Vice Chair presides at each Committee meeting
- Issues may be determined by a simple majority of the votes cast at a Committee meeting
6. COMMITTEE STRUCTURE
The maximum term any member can serve on the committee is 3 years. It is expected that there will be gradual changes to the committee membership.
The committee shall have 4 officers, who are elected at the Annual General meeting, Chair, Vice Chair, Secretary and Treasurer. One officer should be a senior staff member
Their roles are as follows:
- Chair : chair meetings, keeps everyone involved & informed
- Vice Chair : support the chair
- Secretary : to take & distribute minutes and prepare agendas
- Treasurer : to count and record income/expenditure and present annual accounts.
The Committee should have at least five other members
- up to 3 additional co-opted places
- the committee should have 2 members of school staff
7. PROPERTY & FUNDS
- The property and funds of the Association must be used only for promoting the Objectives
- No Committee member/member may receive any payment of money or other material benefit (whether direct or indirect) from the Association except o Reimbursement of reasonable out-of-pocket expenses actually incurred in the administration of the Association
- Whenever a Committee member/member has a personal interest in a matter to be discussed at a Committee meeting or general meeting, the Committee member / member must
- Declare an interest before discussion begins on the matter
- Withdraw from that part of the meeting unless expressly invited to remain in order to provide information
- Withdraw during the vote and have no vote on the matter
8. RECORDS AND ACCOUNTS
The Committee must:
- comply with the requirements of the Charities Act 1993 as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Commission:
- produce Annual reports
- keep annual returns
- keep annual statements of account
- keep proper records of:
- All proceedings at General meetings
- All proceedings at Committee meetings
- keep Annual reports and statements of account relating to the Association, which must be made available for inspection by any member of the Association
9. BANK ACCOUNT
- A bank Account shall be operated in the name of the Association and withdrawals shall be made on the signature of any two of the Officers of the Committee
10. AMENDMENTS
This Constitution may be amended at a general meeting by a two-thirds majority of the votes cast, but
- the members must be given 21 clear days' notice of the proposed amendments
- no amendment is valid if it would make a fundamental change to the Objective, or destroy the charitable status of the Association
11. DISSOLUTION
- The Association may be dissolved by a resolution presented at an EGM called for this purpose. The resolution must have the assent of two thirds of those present and voting. Instructions should be given for the disposal of any assets remaining after satisfying any outstanding debts and liabilities.
- The net assets shall not be distributed among the members of the Association but will be given to the School for the benefit of the pupils of the School, or in the event of the School closing to such other neighbouring school or schools the Committee shall decide
12. INTERPRETATION in this Constitution
- 'Committee meetings' are only for members of the committee
- 'AGM' means an annual general meeting of the members of the Association
- 'The Association' means the charity comprised in this constitution
- 'The Chair' means the chair of the Association elected at the AGM
- 'Charity trustees' has the meaning prescribed by section 97(1) of the Charities Act 1993
- 'Clear days' mean 24 hours from midnight following the triggering event
- 'The Commission' means the Charity Commissioners for England and Wales
- 'The Committee' is the governing body of the Association
- 'Co-opted Committee member' means a member of the Committee appointed by the members of the Committee
- 'EGM' means a general meeting of the members of the Association which is not an AGM
- 'Fundamental change' means such a change as would not have been within the reasonable contemplation of a person making a donation to the Association
- 'General meetings' mean an open meeting including an AGM or EGM
- 'Governing Body' means the governing body of the School
- 'Headteacher' means the Headteacher of the School
- 'Independent examiner' has the meaning prescribed by section 43(3)(a) of the Charities Act 1993
- 'Material benefit means a benefit which may not be financial but has a monetary value
- 'Member' and 'Membership' refer to members of the Association
- 'Months' means calendar months
- 'The Object' means the charitable objects of the Association set out in the objective clause 1
- 'Taxable trading' means carrying on a trade or business on a continuing basis for the principal of raising funds and not for the purpose of actually carrying out the Objects
- 'Written' or 'in writing' refers to a legible document on paper including a fax message
- 'Years' means calendar year
- 'Quorum' means minimum number of people required to be present at a meeting before any transactions can take place
- References to an Act of Parliament are references to the Act as amended or re-enacted from time to time and to any subordinate legislation made under it.
November 2002
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