PSA Constitution

Notice to call 2013 AGM

Muswell Hill Primary School

Parent Staff Association (PSA)

Constitution

October 2018

1. THE ASSOCIATION SHALL BE KNOWN AS:

Muswell Hill Primary School PSA

(Parent Staff Association)

Muswell Hill Primary School

Top of Muswell Hill

London

N10 3ST

2. THE OBJECT OF THE ASSOCIATION

The objects of the Association are:-

a) to advance the education of the pupils of the School by providing and assisting in the provision of facilities for education (not normally provided by the Local Education Authority)

b) to foster home/school relationships

c) to engage in activities which support the school

3. DISSOLUTION

The association may be dissolved by a resolution presented at a Special General Meeting called for this purpose. The resolution must have the assent of two thirds of those present and voting. Such resolution may give instructions for the disposal of any assets remaining after satisfying outstanding debts and liabilities. These assets shall not be distributed among the members of the Association but will be given to the school for the benefit of the children of the school, or in the event of a school closure to the school which the majority of children of the closing school will go, in any manner which is exclusively charitable in law. If any effect cannot be given to this purpose, then the assets can be given to some other charitable purpose.

4. POWERS

The committee members/trustees have the following powers, which may be exercised only in promoting the charity’s purpose (‘objects’):

1. To provide advice.

2. To publish or distribute information.

3. To co-operate with other bodies.

4. To raise funds (but not by means of permanent trading).

5. To acquire or hire property of any kind.

6. To make grants or loans of money and to give guarantees.

7. To set aside funds for special purposes or as reserves against future expenditure.

8. To deposit or invest funds in any lawful manner (but to invest only after obtaining advice from a financial expert and having regard to the suitability of investments and the need for diversification).

9. To take out public liability and personal accident insurance to cover association meetings, activities, committee members/trustees, to insure the association’s property against any foreseeable risk and take out other insurance policies to protect the association where required.

10. To obtain and pay for goods and services as are necessary for carrying out the work of the charity.

11. To consult parents on their views.

12. To open and operate bank and other accounts as the committee members/trustees consider necessary.

13. To do anything else within the law that promotes the objects. The committee shall not undertake any activity in the school premises without the consent of the headteacher.

5. MEMBERSHIP

Members of the association are:

Parent Staff Association are parents/carers/guardians of pupils attending the school plus teaching and non-teaching staff currently employed by the school.

Membership is terminated if:

1. The member dies;

2. The member resigns by written notice to the association; or

3. The committee members/trustees may for good reason, regardless of whether or not this is at the request of the governing body or the headteacher, exclude any person from membership or from attending an event 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. Removal is not effective until the member concerned has been notified in writing of the proposal and his/her right to respond within 14 clear days, and the matter has been considered in light of any representations made.

6 (a) THE COMMITTEE

Shall be made up by The Chair, Secretary, Treasurer and up to 6 members from parents/carers or staff.

All members of the committee are trustees of the charity and have control of the association, its property and funds. The committee members are referred to in this document as committee members/ trustees.

Committee members/trustees shall be elected at the AGM and shall hold office until the next AGM.

All committee members/trustees, except those who are co-opted, must be members of the association.

Committee members/trustees shall have the power to co-opt committee members/trustees at any time, and co-opted committee members/trustees shall serve until the date of the next AGM.

The number of co-opted committee members/trustees must not be more than 50% of the total number of committee members/trustees.

Nominations for election to the committee may be made by

any member of the association and seconded by another. Such nominations must have the consent of the nominee. Nominations should be made in writing to the Chair at any time until the election process has been completed. If no nominations or an insufficient number are received before the AGM, any members present may nominate a person, with their consent, and that person may be appointed by a majority vote of those present.

A committee member/trustee (whether elected or co-opted) automatically ceases to be a committee member/trustee if he or she:

1. is disqualified under section 178 of the Charities Act 2011 or any substantial re-enactment from acting as a charity trustee;

2. in the written opinion, given to the charity, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a trustee and may remain so for more than three months;

3. is absent from three consecutive meetings of the committee without prior notification to the Secretary;

4. ceases to be a member of the association;

5. resigns by written notice to the committee but only if at least two committee members/trustees remain in office;

6. is removed by a resolution passed by a majority of other committee members/trustees. Removal is not effective until the committee member/trustee concerned has been notified in writing of the proposal and his/her right to respond within 14 clear days, and the matter has been considered in light of any representations made.

All committee members/trustees shall be entitled to reimbursement of reasonable out-of-pocket expenses (including hotel and travel costs) actually incurred in the administration of the association.

A retiring committee member/trustee is entitled to an indemnity from the continuing committee members/trustees at the expense of the association in respect of any liabilities properly incurred while he or she held office.

A technical defect in the appointment of a committee member/ trustee of which the committee is unaware at the time does not invalidate decisions taken at a meeting.

6 (b) POWERS OF COMMITTEE

The following powers are available to the committee to help run the association:

1. To delegate any functions of the committee to sub-committees. These must consist of two or more persons appointed by the committee but at least one member of every sub-committee must be a committee member/trustee. All sub-committee proceedings must be promptly reported to the main committee.

2. To make rules consistent with this constitution about the committee and sub-committees, to govern proceedings at general meetings and generally about the running of the association including the operation of bank accounts and the management of funds.

7 (a) GENERAL MEETINGS

(ANNUAL AND EXTRAORDINARY)

All members are entitled to attend any general meeting of the association.

All general meetings are called by giving 21 clear days written notice of the meeting to the members. The notice should specify the date, time and location of the general meeting as well as give an overview of the agenda.

There is a quorum at a general meeting when the total number of members present (including committee members/trustees) is at least twice the number of committee members/trustees in office at the start of the meeting. The only exception would be at a general meeting where the association is being dissolved: please see clause 3.

Every issue at a general meeting is decided by a simple majority of the votes cast by the members present at the meeting, except for amendments to this constitution (clause 8) or dissolution (clause 3).

The Chair or (if the Chair is unable or unwilling to do so) some other committee member/trustee elected by those present is in charge of a general meeting.

Except for the Chair of the meeting, who has a second or casting vote where a vote is equally divided (tied), every member present is entitled to one vote on every issue.

The association must hold a general meeting within 12 months of the date of the adoption of this constitution. Thereafter, an AGM must be held in each subsequent year and not more than 15 months may elapse between successive AGMs.

At an AGM the members:

1. Receive the accounts of the association for the previous financial year.

2. Receive the report of the committee members/trustees on the association’s activities since the previous AGM.

3. Elect the committee members/trustees.

4. Appoint an independent examiner or auditor for the association if this is needed.

5. Discuss and determine any issues of policy or deal with any other business put before them.

A general meeting may also be called for special or extraordinary reasons (called an extraordinary general meeting or EGM). In addition to being called by committee members, these can be called by members of the association. This requires a request in writing to the committee from 10 or more members. As a result, the committee must call an EGM (give all members of the association notice of the EGM) within 21 days of the written requests being received from members. This EGM must happen within three months of the written requests being received. (This timeframe is designed to make allowances for school holidays.)

7 (b) COMMITTEE MEETINGS

The committee must hold at least three meetings every academic year.

A quorum at a committee meeting is 50 per cent, rounded up to the nearest whole number, of the total number of committee members. This applies where there are three or more committee members in post. Where there are only two, 100% attendance is required to be quorate to prevent a single individual having the power to make decisions on behalf of the association.

The Chair or, if the Chair is unable or unwilling to do so, some other committee member/trustee chosen by the members present is in charge at each committee meeting.

Every decision may be made by a simple majority of the votes cast at a committee meeting. A resolution which is in writing (including by email) and signed by all committee members/trustees is equally valid. The resolution may be contained in more than one document and will be treated as passed on the date of the last signature.

Except for the Chair of the meeting, who has a second or casting vote every committee member/trustee has one vote on each issue.

8. ALTERATIONS

1. Alterations of the rules may only take place at an Annual General Meeting or Extraordinary Meeting called for the purpose. No amendments or alteration shall be made without prior written permission of the Charity Commissioners to Clauses 2, 3 or this clause and no amendment shall be made which would cause the Association to cease to be a Charity at law.

2. Notice of any proposals to amend the rules must be given in writing, duly seconded, to the Secretary not less than seven days before the AGM. They should be circulated to members of the Association not less than five days before the AGM

3. A Special General Meeting shall be convened at the request to the Secretary, in writing, of not less than ten members of the Association. Such a meeting shall be held during term time, within 30 days of the request being received, or at least 21 days after the start of term, whichever is the soonest The agenda and motion submitted shall be circulated to all members prior to the meeting and not less than seven days’ notice of the meeting shall be given.

9. RECORDS & ACCOUNTS

The committee must comply with the requirements of The Charities Act 2011 or any substantial re-enactment as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Charity Commission of:

1. Annual reports,

2. Annual returns, and

3. Annual statements of account.

The committee must keep proper records of:

1. All proceedings at general meetings,

2. All proceedings at committee meetings, and

3. All reports of sub-committees.

Annual reports and statements of account relating to the association must be made available for inspection by any member of the association.

The committee must notify the Charity Commission promptly of any changes to the association’s entry on the Register of Charities.

10. PROPERTY & FUNDS

The property and funds of the association must only be used to fulfil the objects (see clause 2).

Committee members/trustees can enter into contracts with the association for the provision of goods and services to the association (but not contracts of employment with the association except with the prior written consent of the Charity Commission) provided that:

1. The maximum amount is set out in writing and is reasonable for the services provided.

2. The committee members/trustees are satisfied that the agreement is in the interests of the charity before entering into it.

3. The total number of committee members/trustees entitled to such remuneration is in the minority from time to time.

Whenever a committee member/trustee has a personal interest in a matter to be discussed at a meeting, the committee member/trustee must:

1. Declare an interest before discussion begins on the matter.

2. Withdraw from that part of the meeting unless expressly invited to remain in order to provide information

3. Not be counted in the quorum for that part of the meeting, withdraw during the vote and have no vote on the matter.

11. NOTICES

Notice of any general meeting of the association may be sent by hand, by post, by suitable electronic communication (email) or in any newsletter distributed by the association to its members. Notification by hand may include distribution to parents, guardians and carers via their children with or without other communications from the school.

The address at which a member is entitled to receive notices (if sent by post) is the last known address of the member.

A technical defect in the giving of notice which the members or committee members/trustees are unaware of at the time does not invalidate decisions taken at a general meeting.