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i run a business from the community centre and therefor i wouldn't be able to be a executive committee member.. but could i be a normal committee member?
You have to look at the reason behind it.
The reason for the condition is because the person running thebusiness has a vested interest and therefore the person running the businesscannot act in the best interest of the committee and the members and also hisown interest.
For example, the tenant might want to put the rent down thecommittee might want to put it up. There is then a conflict of interest. Iappreciate the putting the rent up or down in the lease may not be an issue butit is that general reason.
For that reason, I am of the opinion that it doesn't matterwhether you are in an executive position on the committee or just a committeemember, this is precluded. In any event, you need to give the words theirnormal meeting and it does say "the community associations committee" it doesnot say "an executive position on the community associations committee"
I appreciate that this is probably not the answer you wanted butthere is no point in me misleading you.
There have always been user group committee members and there is a constitution to say they can not vote on any decision that is a declaration of interest. I understand you was not aware of this or i have not explained in enough detail. The constitution states "Any person involved in the running of a profit making business may not hold an Executive role or Trustee position on the Committee" and also "any member of the Committee who is also a member of or has an interest in a User Group may speak on any matter raised in the Committee which, directly or indirectly may affect that group, but they should 'declare an interest' and may not vote on any proposition concerning that group."
The constitution was updated just after the Lease was updated.
hope this information helps
Thank you. That is prettymaterial to the whole thing.
The problem there is that whilstthat would avoid the problem anticipated in the lease, the committee could voteto change the constitution.
Sorry to have to tell you that myanswer remains the same.
I appreciate your honestly.
The important part regarding the lease.. is the word "OFFICER" and the meaning of this.. ie an officer as an executive position, chair, secretary or Treasurer etc.. or an officer as every committee member..
I have searched many websites that explain what an officer is, and they all say an officer is an executive or management position. This translates to the constitution that was amended at the same time as the LEASE to co-exist.
Sorry to keep this going...
Don't worry. I am here anyway and we need to try and get this tosome kind of conclusion.
Who has a problem with this, the council or the Association or thecommittee?
The reason I mention that is that if it is the Council, it is easyto change the constitution so that "officer of the community associations committee"is defined as being those with an executive position and not just one of thefootsoldier members of the committee.
If it is the committee that querying this, I think you are on ahiding to nothing because they can change the constitution to exclude orinclude any definition
Hi, well it is me as a committee member (now ex committee member according to this new definition of "officer")
The committee (association) is just a small community centre association and they have 9 members (not including me) and they had a AGM in May 2013 and certain members where appointed into these executive positions and 2 as trustees, and then a few are just committee members.
The Lease is what the council gave to the association to adhere to naturally and this is set for 5 years. It is the lease that says the word "officer" and the following pdf link shows a very similar set up to ours..
you can see that not all members are called officers.. and this is the case for many committee's
Hope this helps
And yes i have been made aware the constitution is going to be changed, but this takes a Special General Meeting to take place here people vote for the changes to the governing document.
Also thr association is a charity and the charity commission would need to be informed of ant changes..
So who is interpreting it thatyou cannot go on the committee?
The committee or the localauthority?
The chairperson of the committee. Also a local councilor who has been involved in "helping" the committee..she has been basically running the committee (in an advisory capacity) because the chairlady is new.
i have been told that because i run a business in the community centre, things have now changed and i can no longer be on the committee at all.
This is according to the lease that apparently supersedes the constitution.. but i argued that an "Officer" is a management position and doesnt apply to my position as a normal committee member.
Thank you. There is no hard fastlegal rule to this and it comes down to interpretation and in this case, boththe chair of the committee and the local councillor seem to disagree with yourstandpoint.
Although you can obviously changethe constitution, I don't think that's necessary because I think that all themembers could vote on this interpretation at the next committee meeting.
I agree with you that theinterpretation of many organisations (including the link that you sent me)differentiates between the officers and the foot soldiers, so to speak. Theofficers are the officers and the foot soldiers are the ordinary members.
However you have two people whodisagree and therefore I think the committee should decide this.
Please remember that the chair isnot the chief executive el supremo but is there simply to chair meetings andhas the casting vote. The chair has no authority except as a normal votingmember of the committee and the local councillor has no say at all except in anadvisory capacity.
It appears that the councillor her own agenda and is pulling the chair ladies strings .
Thank you.. that is exactly what this local councilor is doing unfortunately.
So basically they can interpretate "officer" how they like if the committee choose to (which they will, they are all friends!!) and change the constitution to put this into effect?
The constitution at the moment was drawn up from this new Lease and rightly says "executive positions" yet they could now change this if they wanted to!! That's not good!
I want to be on the committee to improve the community centre which in turn may help my nursery business, and also stop the association from financial trouble which again could effect my 5 year business.. all because the committee are useless and have their own ideas for the centre maybe!! It should be illegal!
Thanks for your honesty
In a nutshell, yes they can interpretit how they like in my opinion at any committee meeting and even if they didnot interpret it how they liked they could change the constitution to interpretit how they like.
They cannot change the lease butthey can change the constitution within the rules in the constitution whichallow them to change the constitution.
In the same way that the councillorhas her own agenda, I think that she probably thinks you have your own agendaor, more likely, (as I have seen this so many times) there is a clash ofpersonalities!
Does that answer the question? Can I assist further or answer anyspecific queries?
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