Bonnyrigg and Lasswade Community Council (Constitution 2017) 1.NAME The name of the Community Council shall be Bonnyrigg and Lasswade Community Council, hereinafter referred to as the Council. 2. AREA The area of the Council, hereinafter referred to as the Area shall be as shown on the map annexed to Midlothian Council's Scheme for Community Councils in Midlothian 2013 as amended. 3. OBJECTIVES The objectives of the Council shall be: a) to identify and represent the views of the community of the Area, hereinafter referred to as the Community b) to promote and improve the well-being and interests of the Community c) to identify, promote awareness of and preserve the Community's heritage d) to foster and maintain a sense of common purpose and positive community spirit among members of the Community e) to provide a means of influence of and consultation with statutory and other public or private organisations in the interests of the Community f) to promote awareness of and encourage the safe use of the David Dunn Fitness Trail.4. ROLE and RESPONSIBILITIES It is the role of the Council to take such action in the interests of the Community as appears to it to be desirable and practicable. It is the responsibility of the Council to act in accordance with Midlothian Council's “Scheme for Community Councils in Midlothian 2013”. In pursuing the objectives set out in Article 3 hereof it is the responsibility of the Council to consult with the Community and to keep records of such consultation, as further detailed in Articles 10.6 and 13 hereof. 5. MEMBERSHIP (a) The maximum number of elected membership shall be fifteen. The minimum number of elected membership shall be five. Qualification for membership is by residency within the Area and being sixteen years of age or over. Candidates for membership must also be on the electoral register for the Area. In the case of candidates who are not on the electoral register solely by reason of age the nomination form for election must be accompanied by a declaration signed by two individuals who are on the said register confirming that the nominee is a resident of the Area. The term of membership shall be three years subject to indefinite re-election. (b) The Council may appoint a number of persons, to be known as Associate Members, to advise on specific topics or represent the interest of specific groups, as may appear necessary or desirable to the Council from time to time. Associate Members shall have no voting rights, shall not count for assessing whether a quorum is present at a meeting of the Council and shall not exceed half in number of current elected Councillors. The term of office for an Associate Member may be for a specific period or for the remainder of the term of the Council itself. (c) The Council may co-opt up to five persons to be Councillors provided that such persons shall(i) (ii) (iii) (iv) ) (vi) be eligible for elected membership not exceed one third in number of existing elected membership have full voting rights, with the exception of voting on co-option of persons to be Councillors subsequent to their own co-option serve until the next general Council election be co-opted by verbal nomination and simple majority of a show of hands at any Council meeting except as otherwise specifically provided herein the terms “Member(s)” and “Councillor(s)” shall be read as interchangeable 6. MEMBERS’ RESPONSIBILITIES All members have a responsibility to be familiar and comply with the principles set out in the Code of Conduct attached as Appendix C to Midlothian Council's “Scheme for Community Councils in Midlothian, 2013” as amended and headed as follows and therein detailed: Service to the Community (Public Service) Selflessness/Altruism Integrity Objectivity Accountability and Stewardship Openness Honesty Leadership Respect 7, FREQUENCY and METHOD OF ELECTION or RE-ELECTIONCouncillors shall be elected or re-elected on a simple majority basis by a show and counting of hands at a public meeting in the month of April. Nomination for election shall meet the requirements and procedure as set out in Articles 9.2.2 and 9.2.2.1 of the said Midlothian Council's “Scheme for Community Councils in Midlothian 2013”. 8. FILLING of CASUAL PLACES/VACANCIES BETWEEN ELECTIONS Casual vacancies on the Council may arise when: A Councillor submits their resignation or A Councillor ceases to be resident within the Area or A Councillor has his/her membership disqualified as provided herein Should such a vacancy arise: The Council may decide not to fill it until the next regular election of Councillors provided that the membership as a result does not fall below half that as defined in this Constitution Or The Council may fill the vacancy by co-option Or Should the vacancy result in the number of elected Councillors falling below half of the membership as defined in this Constitution, Midlothian Council shall be informed and shall undertake arrangements for an interim election to be held. 9. OFFICE BEARERS At the first meeting following the Annual General Meeting Office Bearers shall be elected, namely a Chairperson, Vice- Chairperson, Treasurer, Minutes Secretary, and Correspondence Secretary all for a term of two years. All posts are eligible for re-election. Election shall be by verbal nomination of a current Councillor and verbal acceptance of nomination by that Councillor inadvance of decision by simple majority of those voting on a show of hands. In the event of a contested election those nominated shall be required to leave the room during voting. 10. MEETINGS 10.1 An Annual General Meeting and at least nine ordinary meetings shall be held by the Council each year. There may, on one occasion, be an interval of two months between meetings but otherwise there shall be an interval of no more than one month between meetings. 10.2 There shall be an Annual General Meeting in April of each year. 10.3 The quorum for decisions to be taken at meetings shall be five including two Office Bearers. 10.4 Minutes of the previous Council meeting shall be circulated to all Members by the Minutes Secretary at least two days in advance of the subsequent Council meeting at which they are due to be discussed and shall be put forward for approval at that meeting. Said Minutes shall be approved by simple majority of those present and voting as a precondition of further procedure at that meeting. 10.5 Should the Council receive a petition signed by at least 20 persons resident within the Area to convene a special meeting for a particular matter or to have a particular matter debated at an ordinary monthly meeting it shall call such a meeting, to be held within 14 days of receipt of such a request, or have the matter placed on the agenda for the next ordinary meeting and advertise it in the manner prescribed in Article 13 hereof. 10.6 All meetings of the Council shall be held in accordance with the Standing Orders appended hereto, once adopted.11. VOTING RIGHTS All Members/Councillors, except as provided in Article 5 hereof, shall have equal voting rights. In the event of a tied vote the Chairperson shall have a casting as well as a deliberative vote. 12. COMMITTEES The Council may form Committees for particular purposes either for general continuing issues or for specific occasions. Procedure at such committees shall also be in accordance with the said Standing Orders referred to in Article 10 hereof. 13. PUBLIC PARTICIPATION IN THE WORK OF THE COMMUNITY COUNCIL Members of the public shall be informed of meetings of the Council by prominently displaying of a banner (giving notice of the meeting) in a public place within the Area at least six days before each meeting continuously for at least the period running up to the holding of each said meeting. Such banner shall display at least the Council’s name, the date, time, and place of the meeting, and a general invitation to the public to attend the meeting. Also, notice of said meetings shall be given at least eight days before the date of the meeting by publication in a newspaper circulating in the Area of the fact of the meeting, the name of the Council, the date time and place of the meeting and a general invitation to the public to attend the meeting. 14. CONTROL OF FINANCE All money received by the Council or due to the Council shall be lodged in an account or accounts in name of the Council with a clearing bank, building society, or other reputable financial institution. All withdrawals from such account(s) shall be authorised by thesignature of at least two of the Office Bearers, including that of the Treasurer. The Treasurer shall keep proper accounts for the calendar year and shall forward these accounts for audit by auditors who shall be appointed at the Annual General Meeting. The Correspondence Secretary and the Minutes Secretary shall each be given an allocation of money for stationery and other expenses incurred by them in the course of their roles as such. The amount shall be reviewed and determined at least annually. All other Councillors shall be entitled to reasonable expenses incurred on the Council's behalf. These expenses must be approved in principle by both Chairperson and Treasurer and submitted in detail to the Treasurer once incurred. In exceptional circumstances such expenses may be paid in advance. A statement of income and expenditure shall be prepared and submitted by the Treasurer to the Council in February each year. The said audited accounts shall be submitted to the Annual General Meeting by the Treasurer for approval by the Council each year. 15. GUEST SPEAKERS The Chairperson shall invite Midlothian Councillors, officials, police representatives or others to Council meetings to give reports and discuss issues and items of mutual concern. 16. AMENDMENTS TO THE CONSTITUTION Any proposed amendments to the Constitution must be notified in writing to the Correspondence Secretary and Minutes Secretary at least one week prior to the next due meeting of the Council, be placed on the Agenda for that meeting, notified to the meeting, and discussed at a subsequent meeting before being voted on.Any such amendment and consequent alteration of the Constitution shall be passed only by the agreement of a two- thirds majority of the Councillors present and voting. Said proposed amendment shall be submitted in writing to Midlothian Council at least two weeks before the second meeting and said local authority given the opportunity to comment on the proposed amendment at that meeting. If the proposal is supported by two-thirds of the total voting membership of the Council and is approved in writing by the Midlothian Council, the alteration shall be deemed to have been duly authorised and can then come into effect. 17. INFORMATION TO MIDLOTHIAN COUNCIL Midlothian Council shall be advised of the dates, times and places of Council meetings including specifically the date of the Annual General Meeting, be sent by the Minutes Secretary a copy of the Minutes from each meeting and be given seven days notice of Special Meetings. The approved audited accounts referred to in Article 14 shall also be exhibited to Midlothian Council. 18. TITLE TO PROPERTY Rights to heritable property acquired by the Council shall vest in the Office Bearers of the Council for the time being and their successors in office. 19. DISSOLUTION The Council may be dissolved by a resolution carried by a two- thirds majority of the voting members present and voting at a meeting called for the purpose of considering dissolution and of which due notice has been given as follows - (a) at least one week before the meeting to all elected or co- opted Councillors of the proposed resolution (b) to the public of the Area of the proposed resolution by publication in a newspaper circulating in the Area at least oneweek before the date of the meeting at which the proposed resolution is to be heard of the date, time, and place of said meeting, terms of said proposed resolution, and entitlement of the public to be heard on the resolution at the said meeting (c) to Midlothian Council at least one week before the meeting of the date, time and place of the said meeting and terms of the proposed resolution It shall also be competent for Midlothian Council to take action to dissolve the Council Should the Council fail to hold a meeting for a period of three consecutive prescribed meeting dates Or Should the elected membership of the Council fall below the prescribed elected membership for a period of three consecutive meetings On dissolution all property and funds vested in the Council or its Office Bearers shall be applied for the benefit of the people of the Area as determined by Midlothian Council Councillors for the Area. 20. APPROVAL AND ADOPTION OF THE CONSTITUTION This Constitution was adopted by BONNYRIGG AND LASSWADE COMMUNITY COUNCIL on: Chairman Member Member 27/04/17 :Dateand was approved on behalf of Midlothian Council on Name/Position