About
Our constitution
Kingstanding Together — a community and civic association for Kingstanding. An unincorporated association.
1. NAME
1.1 The name of the association is Kingstanding Together ("the Association").
1.2 The Association may describe itself as "a community and civic association for Kingstanding".
2. AREA OF BENEFIT
2.1 The area of benefit is the area of Birmingham City Council, and in particular the district of Kingstanding and its surrounding neighbourhoods.
2.2 In determining membership and governance eligibility, the Association shall give particular weight to persons who ordinarily reside in, work in, operate a business in, or have a substantial and continuing civic or community connection with Kingstanding.
3. OBJECTS AND FOUNDING CHARACTER
3.1 The objects of the Association are to promote the benefit of the inhabitants of the area of benefit, without unlawful discrimination and regardless of an individual's political, religious or other opinion, and in particular:
(a) Environment and public realm — to promote the improvement, cleanliness, care and appearance of streets, public spaces and the public realm, including volunteer litter collection, clearance and environmental improvement.
(b) Open and green spaces — to promote the protection, improvement, biodiversity and public enjoyment of parks, green spaces, verges, trees and open land.
(c) Built environment, heritage and amenity — to promote high standards of planning, architecture, conservation and civic design; encourage preservation and beneficial use of features of historic or public interest; and secure the retention and beneficial use of buildings and land of value to the community.
(d) Community facilities and assets — to promote the provision, retention, improvement and community use of buildings, facilities and assets serving the community.
(e) Local history and heritage learning — to advance public education in the history, architecture, social history and heritage of Kingstanding and surrounding areas and preserve community memories and records.
(f) Community development and participation — to promote participation in decisions affecting the area and bring residents, organisations, statutory bodies and other agencies together to advance the objects.
3.2 The Association is founded upon and shall seek to advance a Conservative civic philosophy characterised by individual responsibility, family and community responsibility, voluntary association, enterprise, property ownership, respect for law and order, preservation of heritage, stewardship of the local environment, democratic accountability, local decision-making and effective public services.
3.3 The principles in clause 3.2 are the Founding Principles of the Association and form part of its constitutional identity.
3.4 The Association may campaign, advocate and make representations on matters falling within its objects and Founding Principles.
4. POWERS
4.1 In furtherance of its objects, but not otherwise, the Association may:
(a) organise, coordinate and support volunteer activity;
(b) nominate land or buildings for inclusion in the list of assets of community value maintained by Birmingham City Council under section 87 of the Localism Act 2011;
(c) comment upon, make representations in respect of, and where appropriate object to planning, listed building and other applications affecting the area;
(d) raise funds and receive grants, gifts, sponsorship and donations;
(e) engage with public authorities, statutory bodies, funders, landowners and other persons;
(f) commission surveys, research, reports and professional advice;
(g) hold meetings, events, exhibitions, consultations and public gatherings;
(h) publish information and maintain websites and social media accounts;
(i) acquire, hold, manage, improve and dispose of property, subject to this constitution;
(j) cooperate with, affiliate to, or form partnerships with bodies having compatible objects, provided this does not compromise the Association's independence or Founding Principles;
(k) establish or transfer its undertaking to an appropriate incorporated body;
(l) do all other lawful things necessary or conducive to attaining its objects.
5. APPLICATION OF INCOME AND PROPERTY — NON-DISTRIBUTION
5.1 No surplus shall be distributed to members.
5.2 Income and property shall be applied solely towards promotion of the objects.
5.3 Reasonable properly incurred expenses may be reimbursed.
6. APPLICATION OF SURPLUS TO THE AREA
6.1 Any surplus shall be applied wholly or partly for the benefit of the area of Birmingham City Council or a neighbouring authority, consistently with the objects.
7. PROJECTS
7.1 The Association may carry out work through Projects pursuing one or more objects.
7.2 The Management Committee may establish, rename, merge or wind up Projects and appoint Project Co-ordinators.
7.3 Projects may use their own branding provided they clearly identify themselves as projects of the Association.
7.4 Projects are not separate bodies and remain subject to this constitution and the Management Committee.
7.5 The Treasurer shall maintain records enabling income and expenditure to be identified by Project.
7.6 Project Co-ordinators shall report to the Management Committee at least twice yearly and to the AGM.
8. MEMBERSHIP
8.1 Membership is open to individuals aged 18 or over who support the objects, accept the constitutional character and Founding Principles of the Association, and whose application is accepted by the Management Committee.
8.2 Membership shall not be refused solely because of a person's political, religious or other opinion. Members must, however, accept that the Association has the constitutional character and Founding Principles set out in clause 3.
8.3 Membership is of the Association as a whole. There is no separate Project membership.
8.4 Membership is free unless the general meeting resolves otherwise.
8.5 A person becomes a Voting Member only after three continuous months of membership.
8.6 A Voting Member may vote at general meetings, subject to any other qualification in this constitution.
8.7 A person must have been a Voting Member for at least six continuous months before being eligible to stand for election to the Management Committee or nominate another candidate.
8.8 The Management Committee may establish reasonable evidence requirements concerning residence or substantial connection with Kingstanding.
8.9 The Association shall seek to maintain a substantial majority of Voting Members who ordinarily reside within the area of benefit.
8.10 A member may resign by written notice.
8.11 The Management Committee may suspend or terminate membership where a member materially breaches this constitution, materially damages the Association's reputation, engages in serious misconduct, or knowingly uses membership to organise or facilitate an attempt to transfer control of the Association contrary to its constitutional character, provided the member is given a reasonable opportunity to make representations.
8.12 No person shall be suspended or expelled solely because they hold a particular political opinion.
9. GENERAL MEETINGS
9.1 An Annual General Meeting shall be held each calendar year and not more than 15 months after the previous AGM.
9.2 The AGM shall receive the Management Committee report, Project reports, accounts and conduct elections.
9.3 The Management Committee may convene a general meeting and shall do so within 28 days of receiving a written request signed by at least 10 Voting Members.
9.4 At least 21 clear days' notice shall be given for an AGM or a meeting proposing a constitutional amendment.
9.5 The quorum shall be the greater of 12 Voting Members or 20% of Voting Members.
9.6 Each Voting Member present has one vote. Decisions are by simple majority unless this constitution provides otherwise. The Chair has a casting vote in the event of equality.
9.7 Only Voting Members may vote on Association business.
10. MANAGEMENT COMMITTEE
10.1 The Association shall be managed by a Management Committee of 11 members: Chair, Vice-Chair, Secretary, Treasurer and seven elected members.
10.2 Officers and elected members hold office from the conclusion of the AGM at which they are elected until the conclusion of the next AGM and are eligible for re-election.
10.3 A candidate for the Management Committee must have been a Voting Member for at least six continuous months, must have participated materially in the activities of the Association, and must sign a declaration confirming support for and willingness to uphold the Founding Principles.
10.4 At least two-thirds of serving Management Committee members shall ordinarily reside within the area of benefit.
10.5 The Chair and Vice-Chair must satisfy the requirements of clause 10.3.
10.6 The Committee may co-opt not more than two additional members for specific skills or experience. Co-opted members shall not collectively exceed 20% of the Committee and shall not vote in the election of Officers.
10.7 The Committee shall meet at least four times a year. The quorum is four members or one-third of serving members, whichever is greater, including at least one Officer.
10.8 The Committee shall keep minutes.
10.9 A casual vacancy may be filled by the Committee until the next AGM, subject to the eligibility requirements of this constitution.
10.10 No political party, political organisation, ideological organisation or external body has a right to nominate, appoint or control members of the Management Committee.
11. FOUNDING PRINCIPLES AND GOVERNANCE SAFEGUARDS
11.1 The Founding Principles in clause 3.2 are fundamental to the constitutional identity of the Association.
11.2 The Association shall remain a Conservative civic organisation and shall not knowingly be transformed into an organisation whose governing character is inconsistent with the Founding Principles.
11.3 Membership remains open in accordance with clause 8, but membership does not confer any right to alter the constitutional identity of the Association except through the procedures expressly provided by clause 17.
11.4 A member may hold political opinions differing from the Founding Principles, provided that they do not seek to use Association office, membership, resources or processes to transfer control of the Association to an incompatible political or ideological organisation.
11.5 The Management Committee may investigate credible evidence of organised membership manipulation, coordinated takeover activity, false representations concerning membership eligibility, or use of Association resources for an external political or ideological campaign.
11.6 Any action under this clause must be proportionate, based on evidence, recorded in the minutes where appropriate, and subject to the affected member's right to make representations.
11.7 Nothing in this clause prevents legitimate criticism, debate, disagreement or advocacy by individual members.
12. CONFLICTS OF INTEREST
12.1 Committee members shall declare personal, financial or other interests in matters under consideration.
12.2 Declarations shall be recorded.
12.3 A conflicted member shall not vote on the matter and may be required to withdraw.
12.4 The Secretary shall maintain a register of interests.
13. FINANCE
13.1 The Treasurer shall keep proper accounts.
13.2 The financial year ends on 31 March.
13.3 Accounts shall be presented to the AGM.
13.4 Bank transactions require authorisation by two Officers.
13.5 Funds raised for a particular Project shall be applied to that Project unless otherwise lawfully resolved.
14. SAFEGUARDING, HEALTH AND SAFETY, AND VOLUNTEERS
14.1 The Association shall maintain appropriate health and safety policies and risk assessments.
14.2 The Association shall maintain safeguarding arrangements where activities involve children or adults at risk.
14.3 Appropriate public liability insurance shall be maintained.
15. RECORDS AND DATA PROTECTION
15.1 Personal data shall be processed in accordance with applicable UK data protection law.
15.2 Members' personal data shall be used only for administration and furtherance of the objects, subject to lawful exceptions.
15.3 Oral history, testimony, photographs and recollections shall be collected and used with appropriate consent.
16. POLITICAL AND ORGANISATIONAL INDEPENDENCE
16.1 The Association is a Conservative civic organisation but is not itself a political party.
16.2 The Association may campaign and make representations on matters falling within its objects and Founding Principles.
16.3 The Association shall not become a branch, subsidiary or controlled body of any political party or external organisation unless the constitution is first amended under clause 17.
16.4 No political party or external organisation shall have the right to control Association membership, funds, premises, communications, projects or governance.
16.5 Members who hold elected office or political party membership act in the Association in accordance with this constitution and not as representatives of another organisation.
17. ALTERATION OF THE CONSTITUTION — ENTRENCHED PROVISIONS
17.1 Except as provided below, this constitution may be altered by a resolution passed by not fewer than two-thirds of Voting Members present and voting at a general meeting with at least 21 clear days' notice specifying the proposed alteration.
17.2 No alteration may be made that would cause the Association to cease to be a voluntary or community body with a local connection where that status is required for an existing legal purpose.
17.3 Clauses 3.2, 3.3, 8.1–8.12, 10.3–10.10, 11, 16 and this clause 17 are Entrenched Provisions.
17.4 An alteration to an Entrenched Provision requires approval by at least 75% of all Voting Members, not merely 75% of those present at a meeting.
17.5 Any proposed alteration to an Entrenched Provision must be circulated in full to all Voting Members at least 28 clear days before the meeting.
17.6 No alteration may be made indirectly through another clause for the purpose of defeating an Entrenched Provision.
17.7 The Management Committee shall obtain appropriate legal advice before putting a proposal to alter an Entrenched Provision to a vote.
18. DISSOLUTION
18.1 The Association may be dissolved by a resolution passed by at least 75% of all Voting Members.
18.2 After satisfaction of debts and liabilities, remaining assets shall not be distributed among members but shall be transferred to one or more bodies with the same or similar community objects and applied for the benefit of the area.
18.3 Any recipient shall, where reasonably practicable, have compatible community and civic purposes.
19. Adoption
This constitution is to be adopted at a general meeting of the Association. Once adopted, this page will be updated with the adoption date and signed by the Chair, Secretary and Treasurer.