Herefordshire Association of Local Councils

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Constitution (As amended by AGM 28th October 2004)

1. NAME
   1. The Association shall be known as the Herefordshire Association of Local Councils (HALC).
   2. HALC was established on 1st April 2000.
2. AIMS
   The aims of HALC are:
   
   
   1. To protect and promote the interests, rights and functions of member councils.
   2. To assist member councils in the performance of their duties.
   3. To promote good local government.
   4. To provide training for councillors and clerks.
   5. To liaise with the County of Herefordshire District Council (hereafter referred to as the Herefordshire Council) and other Statutory and Non-statutory Bodies.
3. MEMBERSHIP
   1. Every town and parish council, as well as every parish meeting, in Herefordshire shall be eligible for membership of HALC.
   2. A member council wishing to determine its membership of HALC may do so by giving notice in writing to the HALC Chief Executive before the 31 March in any year, and the notice shall become effective on the day notice is received by the HALC Chief Executive. Every council shall continue to be liable for the payment of its subscription and all other liabilities up to and including the date on which notice is given as aforesaid.
   3. In this Constitution the term 'member council' excludes any council which is in arrears with its subscription.
4. SUBSCRIPTIONS
   1. Each member council shall pay to HALC on or before 1st July in each financial year ending 31st March a subscription in respect of the current year, the scale to be fixed, from time to time by the Annual General Meeting of HALC.
   2. HALC shall pay to the National Association in each financial year such sum as may from time to time be fixed by the National Association.
5. ANNUAL GENERAL MEETING
   1. There shall be an Annual General Meeting of HALC between the 1st August and 31st October in each year as the Executive Committee shall direct. The Chief Executive shall give to each member council and to every ex officio member of the Annual General Meeting not less than 21 clear days' notice of the date, time and place of the meeting and shall send with such a notice a copy of the annual report and of the accounts for the preceding financial year.
   2. At the Annual General Meeting, every member council shall be entitled to appoint and be represented by two voting persons, one of whom could be the clerk. More than two persons from any member council may attend the Annual General Meeting, but only the two appointed shall be entitled to vote.
   3. At the Annual General Meeting the Chairman of the Executive Committee shall preside. In his absence a Vice-Chairman shall preside. If neither the Chairman nor Vice-Chairmen are present, the meeting shall appoint a person from their own number to preside.
   4. The Chairman presiding shall have a casting vote.
   5. The auditor shall ex officio be a member of the Annual General Meeting save that he may not vote.
   6. The quorum at an Annual General Meeting shall be thirty persons entitled to vote.
   7. The Annual General Meeting may make and vary from time to time rules for the conduct of its own business.
6. EXTRAORDINARY GENERAL MEETINGS
   1. Extraordinary General Meetings, of which not less than 14 clear days' notice shall be given to each member council and to every ex officio member of the Annual General Meeting stating the objects of the meeting, may be called at any time by the Executive Committee or by the HALC Chief Executive after receipt of a written request from not less than ten member councils.
7. EXECUTIVE COMMITTEE
   1. There shall be an Executive Committee, the membership of which shall be as per Schedule A to this Constitution. The appointed members shall at the date of their appointment be councillors of member councils.
   2. The Executive Committee shall include the Treasurer as an ex-officio member, without voting rights.
   3. Members of the Executive Committee shall be serving Town and Parish Councillors who will be eligible for election/replacement on an annual basis, via the respective Market Towns and Area Meetings held in July.
   4. The Executive Committee may co-opt not more than four additional members who may be given power to vote at the discretion of the Executive Committee. Co-opted members shall normally hold office until the next the Annual General Meeting of HALC.
   5. Casual vacancies on the Executive Committee shall be filled within six months by the Area Meeting or Market Town that made the original appointment.
   6. The quorum at a meeting of the Executive Committee shall be six appointed members.
8. CHAIRMAN AND VICE -CHAIRMEN OF THE EXECUTIVE COMMITTEE
   1. The Executive Committee shall at its first meeting after the 31st July in each year appoint a Chairman and two Vice-Chairmen. The two Vice-Chairmen shall be as follows: one Parish Council (non town) appointee from the three Area Meetings and one Town Council appointee from the Market Towns. Serving members of Herefordshire Council will not be eligible to stand for election as Chairman or Vice Chairman. Casual vacancies shall be filled at the next meeting of the Executive Committee.
   2. The Chairman shall preside over the meeting of the Executive Committee whenever he is present. One of the two Vice-Chairmen shall perform the duties of the Chairman in his absence. If at any meeting the Chairman and both Vice-Chairmen are absent, the Executive shall elect a Chairman (who is not a serving member of Herefordshire Council) for that meeting from amongst its number.
9. OFFICERS AND REPRESENTATIVES
   1. There shall be a Chairman and two Vice-Chairmen elected by the Executive Committee at its first meeting after 31st July in each year.
   2. A Treasurer and an Auditor shall be appointed by the Executive Committee.
   3. The Chief Executive is a paid employee of HALC and the terms of his/her employment are subject to a separate contract.
   4. The Executive Committee may fill casual vacancies in any of the said offices.
   5. Executive Committee at its first meeting after 31st July in each year shall elect HALC's representatives to the National Association, and any other outside body.
10. AREA MEETINGS
    1. The Executive Committee shall establish Area Meetings and may define and, from time to time, suggest variations to the Terms of Reference of any such Area Meeting. The Terms of Reference are at Schedule B.
    2. No change shall be made to the Terms of Reference of Area Meetings without full and direct consultation of member councils.
    3. The membership of each Area Meeting shall include all member councils within its area.
    4. Subject to the directions of the Executive Committee, each Area Meeting may arrange its own business and procedure and may appoint such officers as it may deem necessary. All appointments shall be notified to HALC within one month. A copy of the minutes of its proceedings shall be forwarded to HALC.
11. SUB-COMMITTEES
    The Executive Committee shall have power to:
    
    
    1. Appoint Sub-committees that may include members of the Annual General Meeting as well as members of the Executive Committee.
    2. Delegate any of its functions to such sub-committees.
    3. Sub-committees shall submit a report on their work, including any recommendations, to the next scheduled meeting of the Executive Committee.
12. PLACE AND NOTICE OF MEETING
    1. The Secretary shall give to every person entitled to receive the same, not less than three clear days' notices in writing of the time and place of meetings of the Executive Committee or of any sub-committee, specifying in such notice the business to be transacted.
13. FUNCTIONS OF THE EXECUTIVE COMMITTEE
    1. Subject to the provisions of this Constitution, the Executive Committee may provide for the conduct, management, control and administration of the affairs of the Association and may take such steps, incur such expenses, acquire and dispose of such property, enter into such commitments or arrangements and employ persons, agents as may be suitable to effectively carry out the policy of HALC.
    2. The Executive Committee shall control the banking and investment of HALC's funds.
    3. No money shall be borrowed by or on behalf of HALC without the consent of Executive Committee.
    4. The Executive Committee shall present an annual report and submit the annual accounts to the Annual General Meeting.
14. OMISSION TO GIVE NOTICE OF MEETING
    1. The accidental omission or failure to give notice of any Annual General Meeting or any meeting of the Executive Committee or of any sub-committee to any member council or person entitled to receive the same or the non-receipt of any such notice as aforesaid shall not invalidate the proceedings at any such meeting.
15. EXPENSES OF REPRESENTATIVES AND MEMBERS
    The necessary travelling subsistence and other incidental expenses of Executive Committee representatives or members attending meetings of:
    
    
    1. The National Association (NALC), and of any sub-committees thereof, unless paid by NALC.
    2. The regional grouping of the West Midlands County Associations (Herefordshire, Shropshire, Staffordshire, Warwickshire, Worcestershire) unless paid from regional sources.
16. ALTERATIONS TO CONSTITUTION
    1. Any alteration to, or amendment of, or addition to this Constitution may be made at an Annual General Meeting if approved by not less than two-thirds of the persons present who are eligible to vote. No alteration, amendment or addition shall be made which is inconsistent with the Constitution for the time being in force of the National Association.
    2. Notice of any motion for such alteration, amendment, addition or dissolution other than a resolution of the Executive Committee, must be given in writing to the HALC Secretary. The HALC Secretary shall send a copy of every such notice to every member council and to each ex officio member of the Annual General Meeting at least 21 clear days before the meeting at which it is to be considered.

Schedule A (HALC Executive Committee Membership)

Members of the HALC Executive Committee shall be appointed as follows:

1. By voting members of the three established Area Meetings in July of each year. One member from five different Town or Parish Councils, from:
   • North Herefordshire (NAM)
   • East Herefordshire (EAM)
   • South Herefordshire (SAM)
2. By each Market Town Council, in July of each year, subject to the Market Town being in membership of HALC. One member each from:
   • Bromyard
   • Hereford City
   • Kington
   • Ledbury
   • Ross-on-Wye

Schedule B (HALC Area Meetings Terms of Reference)

1. NAME
   There shall be three Area Meetings:
   • North Herefordshire (NAM) - (Old Leominster District boundaries)
   • East Herefordshire (EAM) - (Old Malvern District boundaries)
   • South Herefordshire (SAM) - (Old South Herefordshire District boundaries)
2. AIMS
   The aims of the Area Meetings shall be to promote the interests, rights, functions and privileges of member Town and Parish Councils within their areas.
3. MEMBERSHIP
   All member Town and Parish Councils within the county of Herefordshire shall be eligible to send representatives (Parish Councillors and/or Clerk) to their respective Area Meetings.
4. BUSINESS
   Area Meetings shall appoint a Secretary and conduct their own business, in accordance with HALC guidance. Copies of Agendas and draft Minutes shall be forwarded to HALC, in advance of meeting dates. Area Meeting Secretaries shall be paid an honorarium (quarterly in arrears) as agreed by the HALC Executive. Expenses for room hire, stationery and postage may be reclaimed on a quarterly basis by the Area Meeting Secretary.
5. OFFICERS
   Election of Chairmen and Vice Chairmen of Area Meetings shall take place at Annual Meetings in July of each year, and appointments notified to the HALC, within a month. Candidates for office must be serving Town or Parish Councillors.
6. REPRESENTATION ON HALC EXECUTIVE COMMITTEE
   At the Annual Meetings in July of each year, Area Committees shall each nominate one member from five different Town or Parish Councils (to include Chairmen) to serve on the HALC Executive Committee.
7. VOTING
   There shall be no restriction on the numbers of representatives attending from each member Town or Parish Council, but only two (may include Clerk) from each parish shall be entitled to vote.
8. CONSULTATION
   The Chairmen of Area Meetings shall ensure effective two-way flow of information between Area Meetings and the HALC Executive Committee, by way of verbal and written reports. HALC will issue regular (bi-monthly) Information Sheets to all Member Councils and Area Meeting Secretaries.
9. REDRESS
   In the event of a member parish having a grievance against an Area Meeting or HALC, that grievance shall first be raised and discussed at an Area Meeting and, if not resolved, forwarded on to HALC, for consideration by the Executive Sub Committee.
10. CHANGES TO TERMS OF REFERENCE
    There shall be no changes made to the agreed Terms of Reference for Area Meetings, without full and direct consultation with member councils.
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