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BPA Constitution
Friday, 31 March 2006

CONSTITUTION

of

The Bundeena Progress Association

incorporating

The Bundeena/Maianbar Precinct Committee


The Bundeena District Progress Association, was established in 1940.

Adopted at the Special General Meeting, the 30th of September 1997.

Bundeena    NSW    2230    Australia



CONSTITUTION OF THE BUNDEENA PROGRESS ASSOCIATION
incorporating the Bundeena/Maianbar Precinct Committee

1. Name


The Association shall be known as: "The Bundeena Progress Association incorporating the Bundeena/Maianbar Precinct Committee".

2. Area


"The Precinct" shall be defined as including the townships of Bundeena, Maianbar and Fisherman's Bay.

3. What are the objectives of the Association?

i) To encourage community involvement in the affairs of the precinct.

ii) To protect and advance the interests of rate-payers and residents within the precinct, and in so doing, generally take whatever steps may be deemed appropriate and necessary.

iii) To consider matters referred to it by Council, including development applications, and give Council its comments and recommendations on relevant matters.

iv) To keep the Sutherland Shire Council and any other relevant organisations informed of specific needs of the precinct.

v) To be non-party political and non-sectarian in all activities.

4. Who can join?

Membership shall be open to any precinct ratepayer and/or resident over eighteen years of age.

5. Who has decision making authority?


Policy decisions shall be taken by the members of the Association at meetings.

6. What is the Management Committee?

The management of the Association shall be the responsibility of a Management Committee of thirteen members, or such number as may be endorsed by the meeting, elected at the Annual General Meeting.

The Management Committee is to include an Executive comprising: the President, the Vice President, the Secretary and the Treasurer, being part of and acting on behalf of that Management Committee.

7. What is the role of the Management Committee?

The role of the Management Committee is to ensure the continuity of meetings, to encourage members of the community to attend meetings, to represent the views of those residents unable to attend, and to fulfil the management functions prescribed within this Constitution.

8. How are the Management Committee and Executive elected?


Elections for the Management Committee shall be conducted each twelve months at an Annual General Meeting held for that purpose. All members of the Management Committee shall stand down at the AGM, which shall elect the Management Committee for the following year.

9. What are the restrictions on holding office?

i) No person shall hold a position on the Executive for more than three consecutive years, except by special resolution at the Annual General Meeting in the absence of sufficient candidates for the available executive positions.

ii) No two or more members of a single household shall hold executive positions at the same time.

10. Public meetings of the Association

i) Meetings shall be held once each month, at a date, time and venue to be decided from time to time.

ii) At intervals of three months, an advertised quarterly meeting will be held, to review the previous three months and to attend to major issues that may arise.

11. Annual General Meeting of me Association

The Annual General Meeting, shall be held not later than the end of February each year, at a date, time and location to be set and advertised by the Committee. Residents of the precinct are to be notified publicly at least fourteen days before such meetings. The quorum for the Annual General Meeting is fifteen members.

12. Special General Meetings

A Special General Meeting may be called by:

(a) resolution of the Management Committee: or

(b) on a requisition signed by not less than ten members of the Association

The Secretary shall provide all members with seven clear days notice of the date, time and venue for such a meeting, and shall advertise this within the precinct. The reason for the Special Meeting is to be included in the notice. The quorum for a Special General Meeting is twelve members of the Association.

13. Advertising of meetings

All public meetings of the Association will be advertised by either the Sutherland Shire Council, or advertised within the precinct as the Management Committee shall determine.

14. Decisions shall be by simple majority

Decisions at all public meetings shall be taken by a simple majority of votes cast by the members present, except as specified in clause 17. In the event of a deadlock of votes, the President (or in his absence the Vice-President) shall have a second or casting vote.

15. Decisions may be deferred, to allow community notification

In the event that a majority of the Management Committee present at any meeting decides that it is in the interest of members, the Management Committee may resolve that a matter be deferred for a period of no more than twenty-one days, for consideration at a public meeting to be called at a date, time and place nominated by the Management Committee. The Secretary shall notify members of the matter to be resolved, at least seven days before the public meeting, and shall advertise the meeting within the precinct.

16. Casual vacancy on the Executive

Any casual vacancy occurring amongst the Executive Officers may be filled from the Management Committee, by the Management Committee. The person so appointed shall hold office for the unexpired term of the member replaced.

17. How can someone be removed from the Management Committee?

Any Management Committee member, including any executive officer, may be removed from the Management Committee by a three-fourths majority vote at a Special General Meeting called to consider the matter. A requisition for the meeting, signed by five or more members must be lodged with the Secretary, and at least 7 days notice must be given to all members. The right of any person so deposed to stand for a position at any subsequent election is not to be impaired by removal from the Management Committee. The deposed member must be given the right to speak and state his or her case fully, at the meeting.

18. Deemed resignation from Management Committee

Any committee member absent from three consecutive Management Committee meetings without furnishing a reason satisfactory to the Management Committee, shall be deemed to have vacated his or her office.

19. What are the duties of me President?

The President shall chair all meetings, delegate tasks and generally oversee proper management of the Association.

20. What are the duties of the Vice President?

The Vice-President shall have, in the absence of the President, all presidential rights and privileges and shall support the President in management duties. In the absence of both President and Vice-President at any meeting, the members present shall elect a chairperson who shall have a casting vote in the event of a deadlock in voting.

21. What are the duties of the Secretary?

The Secretary shall keep a clear record of all proceedings at all meetings of the Association, such record being subject to confirmation by members present at the next relevant subsequent meeting and signed by the Chairperson. Such record will include resolutions, decisions and motions and attendance at meetings. In addition the Secretary shall deal with all correspondence as directed through meetings and issue all notices of meetings.

22. What are the duties of the Treasurer?

i) The Treasurer shall be responsible for the handling and recording of all financial transactions; the issue of receipts and banking intact of all monies and the payment of all accounts authorised by members present at a duly constituted meeting.

ii) All withdrawals from the bank accounts of the Association will require the signature of two of any three duly authorised officers.

iii) The Treasurer will report to each meeting on the current financial position of the Association and present at each Annual General Meeting a duly audited statement of the financial affairs of the Association for the year ending on the 31st of December.

23. Funding

In addition to any sum allotted by Sutherland Shire Council, funds may be raised by donations or other activities as decided by the members present at a duly constituted meeting.

24. Who will review the accounts?

i). A person considered to be independent and reliable shall be elected at the Annual General Meeting, for the purpose of reviewing the accounts of the Association. It shall not be a requirement that this person hold any particular qualification for the holding of this office.

ii). The above person, referred to as the Auditor, shall examine the records of the Association, with a view to certifying as to whether in his or her opinion, the accounts as presented by the Treasurer give a true and fair view of the financial state of affairs of the Association. The Auditor shall not be a member of the Management Committee, but may attend and be heard at any meeting of the Association.

iii). Any member of the Association may nominate a person to be the Auditor of the Association. Notice of intention to nominate a person to replace the current Auditor shall be given to the Secretary at least twenty-one days before the Annual General Meeting. At least seven days notice, prior to the Annual General Meeting, shall be given to members and the Auditor of such nomination.

25. How can the Association be dissolved?

i) The Association shall be dissolved in the event of membership being less than five persons, or upon the vote of a three-fourths majority of members present at a Special General Meeting convened to consider such a resolution.

ii) Upon resolution being passed in accordance with paragraph (i) hereof all assets and funds of the Association shall, after the payment of all expenses and liabilities, be held in trust by persons or an organisation to be appointed at the Special General Meeting, provided that such persons or organisation reside or are based in the precinct.

iii) Funds held by such Trustees shall be redeemable in full, should the Association re-form under the conditions set out in Rule 27 below.

iv) All records of the Association shall be lodged with the Trustees for safekeeping.

26. What happens to the Association's assets?

If, after ten years, the Association is not re-formed, the Trustees shall call and widely advertise a Special General Meeting at which not less than ten residents and/or ratepayers of the precinct must be in attendance and upon a resolution being passed by at least a three-fourths majority, all assets and funds of the Association held in trust shall be distributed amongst such local registered charities or organisations as the meeting may decide.

27. How can the Association be re-formed after a dissolution?

i) A Special General Meeting shall be called by the Trustees and clearly advertised throughout the precinct, at least 21 days prior to the set date. The Trustees shall arrange the meeting and appoint a Chairperson. A quorum is twenty residents and/or ratepayers of the precinct, from whom Executive Officers and other members Management Committee of the re-formed Association will be nominated and elected.

ii) The re-formed Association shall adopt the Rules and Constitution of the Association, or as otherwise decided at a following duly convened public meeting.

28. Endorsement of Precinct Committee Guidelines

The Sutherland Shire Council guidelines for Precinct Committees are endorsed by the Association, but in the event of conflict with the Constitution of The Bundeena Progress Association incorporating The Bundeena/Maianbar Precinct Committee, the latter Constitution will take precedence.

29. How can these rules be altered?

These rules shall neither be altered, nor repealed, nor any new rules be adopted, without the consent of two-thirds of the members present at any Annual General Meeting or Special General Meeting and unless fourteen days notice of motion has been given of such proposed amendment.

Adopted at the Special General Meeting on Tuesday the 30th of September I997.

NOTE  This is an electronic version of the Constitution.  Should there be any inadvertant discrepancy with the original the printed version takes precedent.

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