Blairgowrie & Rattray Community Council Constitution
1. NAME - The name of the Community Council shall be the Blairgowrie and Rattray Community Council (hereinafter called the Council).
2. AREA - The area which the Council shall represent (hereinafter called 'the area') shall be the area of Blairgowrie & Rattray, area no. 17 on the Perth & Kinross Community Councils boundaries.
3.PURPOSES: The objects of the Council shall be to promote the well-being of the Community resident in the area, to ascertain, co-ordinate and express to the local authorities for its area and to public authorities, the views of that community in relation to matters for which these authorities area responsible and to take such action as appears in the interest of that community to be expedient and practicable.
4. MEMBERSHIP: The Council shall consist of 15 members elected in accordance with the provisions of clause 6 below (Elections). Any vacancy in the elected membership of the Council shall be filled by co-option provided that at no time shall the proportion of members co-opted to the total prescribed membership of the Council exceed twenty-five per cent. Any further vacancies shall be filled by by-election. Members of the Council are expected to attend the monthly meetings. In the event of any member failing to attend for a period of six months, the membership of that member will cease unless the reason for non-attendance be found acceptable to the Council.
5.METHOD OF ELECTION Polling place(s) in the area will be opened between, say 6pm and 9pm on the day of the election and shall be manned by volunteers. Printed ballot forms might be used or the electors could simply write the names of the candidate(s) for whom they wished to vote on a slip of paper which would then be placed in a ballot box. The actual voting would be done in private. The votes would then be counted and those polling most votes would be declared elected. Publicity would be by posters, advertisements in the local press and additional cost of printing ballot papers (if so required), hiring and possibly manning polling places could be met.
6. QUALIFICATION AND ELGIBILITY OF CANDIDATES AND ELECTORS - Persons seeking election to the Council must be included in the electoral register for the area. Qualification to vote at an election shall be restricted to persons whose names appear on the electoral register for the area.
7. FREQUENCY OF ELECTIONS - One third of the Council's membership shall retire in the month of April annually in rotation and shall be eligible for re-election. The Council shall give 28 days' public notice of such elections whilst, at the same time, calling for nominations. Newly elected members will serve for a period not exceeding three years and will be elegible for re-election at the end of that period. The initial period of appointment will be fixed in order to facilitate the working of the rotational retirement system.
8. NOMINATION OF CANDIDATES - Nominations should be made by a proposer and a seconder in writing to the Honorary Secretary at least 21 days before the date of the election and the person so nominated should indicate acceptance in writing at the time of the nomination. The proposer and seconder of any candidate for election to the Council must appear on the Electoral Register for the area. Alternatively download the aplication form and send to the Honorary Secrety via e-mail.
9. ELECTION OF OFFICERS - At the first meeting of the Council following an election, which shall be held within 28 days of the election, the Council shall appoint a Chairman, Vice Chairman, Honorary Secretary and Honorary Treasurer and such other Officers as it may deem necessary, from amongst its members. These shall remain in office until the next election.
10. MEETINGS - The Council shall normally meet monthly on the second Tuesday of each month in the area at 7.15pm unless otherwise decreed beforehand. All Council meetings shall be open to the public and they will have the right to address the Council by giving notice that they wish to speak on a particular matter. They will speak only when invited to do so by the Chairman. No business shall be transacted at any meeting of the Council unless at least one third of the membership of 15 is present.
11. ANNUAL GENERAL MEETING - An Annual General Meeting of the Council shall be held on the second Tuesday of April each year to receive a report of the activities of the Council during the preceding twelve months and the audited statement of the accounts for the same period. Public notice of 21 days will be given of the date of the Annual General Meeting and 4 days notice of any Special Meeting.
12. MANAGEMENT OF MEETINGS - The Council shall have power to draw up Standing Orders for the proper conduct of its meetings.
13. COMMITTEES - The council shall have power to appoint such Committees as it may from time to time decide and shall determine their terms of reference and composition.
14. FINANCE - All monies raised by or on behalf of the Council shall be applied to further the objects of the Council. The Honorary Treasurer of the Council shall keep proper and accurate books of account of the finances of the Council. The accounts shall be audited at the end of February 1996 and at the end of February annually thereafter by an Auditor appointed by the Council and whose appointment has been approved in writing by the Director of Finance of the District Council, and to whom a copy of the accounts shall be sent. The Honorary Treasurer shall open an account or accounts in the name of the Council at the Bank of Scotland, PLC, High Street, Blairgowrie and such accounts shall be operated upon by the signature of the Honorary Treasurer and any one of the other three Officers.
15. EXPENSES - The Council may reimburse travelling and subsistence expenses necessarily incurred by members in the performance of any duties carried out in implementation of a decision of the Council.
16. TITLE TO PROPERTY - The title to all and any heritable property which may be acquired by and for the purpose of the Council shall be taken in the name of the Chairman, Honorary Secretary and Honorary Treasurer of the Council and their successors in these respective offices.
17. DISSOLUTION - If the Council at any time by a (two thirds) majority decides that, on the ground of expense or otherwise, it is necessary or advisable to dissolve the Council, it shall call a Special Meeting, to which the Public shall be invited and at which the public shall have the right of audience, on giving not less than 21 days clear notice of such meeting in writing to all members of the Council and District Council and by inserting a notice on at least one occasion in a local newspaper and by posters throughout the area indicating the business to be discussed, and having informed themselves of the public opinion in the area prior to and at the Special Meeting the Council, shall vote on the motion to dissolve the Council and if the motion is approved by not less than a two thirds majority of the membership of the Council, the Council shall be dissolved and the whole funds and assets held by the Council shall immediately vest in the District Council which shall hold and dispose of the same having regard to the area and to any conditions attaching to any loan or grant made to the Council by the Regional Council or any other body.
18. AMENDMENT OF CONSTITUTION - Any proposal to alter this Constitution shall be made in writing to the Honorary Secretary of the Council and be signed by not less than three members of the Council. The Council shall thereafter call a Special Meeting of the Council on giving not less than 21 days previous notice thereof indicating the business to be discussed. Any alterations proposed shall require the approval of not less than two thirds of the members of the Council. The Constitution as amended shall thereafter require to be ratified by the District Council before it shall come into effect.
19. ADOPTION OF CONSTITUTION - The Constitution was adopted as amended at a public meeting of the Council held on 9 April 1985 at the Council Chambers, Leslie Street, Blairgowrie.
At a Public Meeting of the Council held on the 14 April 1987, it was agreed to amend the Constitution by inserting "4 days" after "and" in the third paragraph of Section 10.
At a Public Meeting of the Council, held on the 12 September 1995, it was decided to amend the Constitution by deleting the last two sentences of Section 13 and substituting "The accounts shall be audited at the end of February 1996 and at the end of February annually thereafter by an auditor appointed by the Council and whose appointment has been approved in writing by the Director of Finance of the Local Authority Council and to whom a copy of the accounts shall be sent. The Treasurer shall open an account or accounts with the Bank of Scotland, High Street, Blairgowrie and such accounts shall be operated upon by the signature of the Treasurer and any one of the other three Officers".