The association and its property will be administered and managed in accordance with the provisions in this constitution.

 

The association’s name is Barley Community Garden (and in this document, it is called the Garden). 

 

Aims & Powers

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The aims of this organisation are to:

 

1. Develop a sustainable community garden in or around the village of Barley, Hertfordshire.

2. Work with all interested parties, including but not limited to the general public, residents of Barley, community groups, councils, local GP’s, schools and local businesses.

3. Raise awareness of the value of gardening and how it can support people with their physical and mental wellbeing. 

4. Develop a community that is supportive of one another and reaches out to others in the local area.

5. Promote sustainability and make a positive contribution to the local environment.

 

Powers

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For effective management, the committee known as the Barley Community Garden Committee (“BCGC”) shall be elected to manage and administer the Garden. To facilitate these aims, the BCGC shall have the power to:

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1. Obtain, collect and receive money or funds directed towards the aims of the Garden;

2. Engage the members in a common effort to further the aims of the Garden; 

3. Buy, take on lease or exchange, hire or otherwise acquire any property and to maintain and equip it for use;

4. Sell, lease or otherwise dispose of all or any part of the property belonging to the Garden;

5. To borrow money and to charge the whole or any part of the property belonging to the Garden as security for repayment of the money borrowed;

6. To cooperate with other community groups, charities, voluntary bodies and statutory authorities and to exchange information and advice with them;

7. Do all such lawful things as will further the aims of the Garden.

 

Membership

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The membership of the Garden is:

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1. Open to residents of Barley and the wider community. Members join by giving their contact details to the Committee Secretary.  Currently there is no joining fee (though this is kept under review) and membership continues annually until the member cancels (which they can do at any time);

2. On an active or passive basis depending on their level of engagement. Active members are those who participate or support the day-to-day management and operation of the Garden. Other members who are unable to participate are considered as 'passive members' until such time as they can participate again. All members can move seamlessly between active and passive membership over time;

3. On the basis that the Secretary agrees to hold all members' data in      compliance with the General Data Protection Regulations as detailed in the Data Protection Act 2018; and

4. On the understanding that all members agree and abide by this Constitution.

 

Any offensive behaviour, including racist, sexist, homophobic, transphobic, islamophobic, misogynistic, xenophobic or inflammatory remarks, will not be permitted. Anyone behaving in an offensive way may be asked not to attend further meetings or to leave the group if an apology is not given or the behaviour is repeated. No smoking, drinking alcohol or planting of illegal substances is permitted in the Garden. 

 

Management & Committee Meetings

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The BCGC will comprise officers and other committee members elected in accordance with this constitution. The officers and other committee members shall together be the trustees of the Garden.

 

The BCGC will comprise the following officers: Chair, Treasurer and Secretary. 

 

The number of committee members in total will be 3 as a minimum and 5 as a maximum.

 

No meeting or general meeting can take place without at least two members of the BCGC being present, including at least one officer. 

 

Any committee member can call a meeting of the BCGC (the Secretary must call the meeting if requested to do so by any member of the BCGC).

 

General Committee Meetings

 

General committee meetings can be attended by all members, who can also contribute agenda items by notifying the Secretary who will publicise the date of the meeting. 

 

Any general meeting requires a minimum notice period of 14 clear days from the date on which the notice is deemed to have been given. Shorter notice can be given if agreed by all members entitled to attend and vote.

 

The notice must specify the date, time and place of the meeting and the general nature of the business to be transacted. If the meeting is to be an AGM, the notice must say so.

 

The notice must be given to all members and to the BCGC. The BCGC will encourage ideas and participation from all members. It is the members’ responsibility to keep their contact details up to date for this purpose.

 

The BCGC will hold a general meeting at least twice a year but may call a special general meeting at any time. 

 

The Annual General Meeting

 

1. Must be held within 12 months of adopting this constitution and then in each subsequent year and not more than 15 months may elapse between successive annual general meetings;

2. Will be notified by the Secretary at least 14 days before the date of the meeting;

3. Will hear committee report on progress, present the accounts and be open to questions from members;

4. Will give all members an opportunity to discuss proposals for actions; and

5. Will elect or reelect trustees for a one year term.

 

 

Special General Meetings

 

Special General Meetings may be called by a majority vote of the BCGC, or, if requested, by at least 10 active members or 1/10th of the active membership, whichever is greater.  The meeting will take place within 28 days of receipt of the request.

 

Minutes

 

Minutes of general or special meetings (including the AGM) will be taken and, along with any other relevant information will be sent to members on request.

 

Voting and the Quorum 

 

When voting at a general meeting:

1. Every member and committee member is entitled to a single vote at a general meeting, recorded by a simple show of hands;

2. Proposals will be passed if a simple majority is achieved;

3. In the event of an equal vote, the Chair shall have the casting vote;

4. Members may send a vote by proxy with prior notification to the Secretary; and 

5. Any proposal or amendment must be seconded by a member before voting.

 

When voting at a committee meeting:

1. If no consensus is achieved during discussions and a vote is needed, it shall be recorded with a simple show of hands;

2. Every committee member is entitled to a single vote;

3. Proposals will be passed if a simple majority is achieved;

4. In the event of an equal vote, the Chair shall have the casting vote; and

5. Committee members may send a vote by proxy with prior notification to the Secretary. 

 

The quorum for any meeting shall be 2. 

 

Appointment of committee members 

 

The Garden shall elect the officers and other committee members (together the trustees) in a general meeting.

 

The BCGC may appoint any person who is willing to act as a trustee. They may also appoint trustees to act as officers.

 

Each trustee shall retire with effect from the conclusion of the AGM next after his or her appointment but shall be eligible for re-election at that AGM.

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Rules

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The BCGC may at any time make (or amend) rules or bye-laws for the conduct of their business on all such matters that are commonly the subject of rules of an unincorporated association.

 

These may include, but are not restricted to:

1. The admission of members, the rights and privileges of such members and the entrance fees, subscriptions and other fees or payments to be made by members;

2. The conduct of members in relation to one another, and to the BCGC;

3. The setting aside of the whole or any part or parts of the Garden’s premises at any particular time or times for any purpose or purposes;

4. The procedure at general meetings and meetings of the BCGC in so far as the procedure is not regulated by this constitution; and

5. The keeping and authenticating of records.

 

The BCGC in General Meeting has the power to alter, add to or repeal the rules or bye-laws.

 

The BCGC must adopt such means as they think sufficient to bring the rules and bye-laws to the notice of members of the Garden.

 

The rules and bye-laws shall be binding on all members of the Garden. No rule or by-law shall be inconsistent with, or shall affect or repeal anything contained in this constitution. 

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Duties of officers

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The duties of the officers shall be:

1. To ensure the Chair conducts the meetings; in the absence of the Chair, the Secretary will conduct meetings of the BCGC; in their absence, another BCGC member shall assume the duties of Chair;

2. To ensure the Secretary's responsibility for convening meetings, notifying members and taking responsibility for recording key action points during meetings;

3. To ensure the Treasurer's responsibility for payment and receipt of finances and keeping a record of all transactions; and

4. Ensuring any change in the size of the BCGC and/or the roles of its officers is passed by a majority vote of the BCGC.

 

Finance and accounts 

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All financial transactions of the Garden will be operated through an account managed by the Treasurer on behalf of the Garden and will be:

1. Directed towards furthering the aims of the Garden;

2. On the basis that all expenditure must have the consent of the Treasurer and be agreed by the BCGC;

3. On the basis that any cheques drawn on the account or payments made online, shall have the signatures or approval of at least two members of the BCGC; 

4. On the basis that all signatories will have access to any telephone and internet banking services requiring only single authorisation; and

5. On the basis that the accounts will comprise a full record of all income, funding and expenditure in relation to the Garden.

 

A trustee or member is entitled to be reimbursed from the Garden’s bank account for reasonable expenses properly incurred by him or her when acting on behalf of the Garden.

 

A trustee may benefit from trustee indemnity insurance cover purchased at the Gardens expense.

 

Change to the constitution

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Changes to the Constitution may be proposed by any member at any time; but will be voted on at the following AGM if handed to the Secretary at least 21 days before the meeting, or before a Special General Meeting if called for that purpose. The proposals must be seconded by a different member and be voted on by the Committee and members at the AGM. In order to be carried, the proposals must be agreed by a voting majority of those present at the AGM, and the proposals will be recorded in the minutes which will be available for inspection by members.

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Equal Opportunities

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The Community Garden group will not discriminate on the grounds of gender, race, colour, ethnic or national origin, sexuality, disability, religious or political belief, marital status or age.

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Dissolution

If members, by simple majority, decide that it is necessary to close down the group it may call a special meeting to do so. The sole business of this meeting will be to dissolve the group.

 

If it is agreed to dissolve the group, all remaining money and other assets, once outstanding debts have been paid, will be donated to a local charitable organisation. The organisation will be agreed at the meeting which agrees the dissolution.

 

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