CONSTITUTION

1. NAME

The name of the Association is THE NATIONAL ASSOCIATION OF BLACK, ASIAN AND ETHHNIC MINORITIES COUNCILLORS (hereinafter called "the Association")

2. OBJECTS AND POWERS

(a) The Association recognises:-
that within Local Government Black, Asian and Ethnic Minority Councillors are elected to serve all local people and are expected to have additional responsibilities to promote equality for Black and Ethnic Minority communities.

The Association will:-
· Provide a focus for cross party representation of Black, Asian and Ethnic Minority Councillors and their communities within local government.

· Act in as a representative for these communities by influencing local authority associations and central government.

· Act in leadership for Black, Asian and Ethnic Minority communities through representation in local government.

· Provide a forum for networking and exchange of information to promote race equality and share good practice within local government.

· Provide training, organise seminars and conferences for the benefit of the Association.

· Encourage greater partnership working with Black, Asian and Ethnic communities, including voluntary sector organisations and the private sector.

· Establish and update databases on contact numbers of all Black, Asian and Ethnic Minority councillors in the country.

· Provide regional support networks for councillors to work together in neighbouring authorities.

· Campaign to safeguard and further the interests of the Black and Ethnic Minority communities in civic and public life.

· Encourage more Black, Asian and Ethnic minorities to become Councillors and to be involved in the democratic process.

· Represent and advocate for black and ethnic minority communities to funding agencies for resources to support community and Council initiatives.

(b) In furtherance of the said objects but not otherwise the Association may:

(i) Employ and pay any person or persons to supervise, organise and carry out the work of the Association.

(ii) Establish where necessary regional branches (whether autonomous or not).

(iii) Organise meetings of representatives of political parties, voluntary organisations, Government Departments, statutory authorities and individuals.

(iv) Promote and carry out research, surveys and investigations and publish the results for the benefit of the public.

(v) Support and organise exhibitions, meetings, lectures classes, seminars. Workshops and training courses.

(vi) Collect and disseminate information on all matters affecting the said objects and exchange information with other bodies having similar objects whether in this country or overseas.

(vii) Write and print or otherwise reproduce and circulate papers, books, periodicals, pamphlets or other documents or films or recorded tapes to further the said objects.

(viii) Purchase, take on lease or in exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said objects.

(ix) Raise funds and invite and receive contributions from any person/s whatsoever by way of subscriptions and otherwise.

(x) Do all such other lawful things as are necessary for the attainment of the said objects.

3. MEMBERSHIP

(a) Full membership of the Association shall be open to:
(I) All African, Caribbean, Asian and Ethnic Minority councillors as individuals or by their local authority subscription; who are interested in furthering the work of the Association (and who have paid the annual subscription as laid down by the Executive Committee and

(ii) Affiliations, national. International and local voluntary or other non-profit distributing organisations, whether corporate or unincorporated, which are interested in furthering the said work and have paid the annual affiliation.

(b) The said Executive Committee shall have the right:

(i) To approve or reject applications for membership, and

(ii) For good and sufficient reason to terminate the membership of any individual or organisation provided that the individual member concerned shall have the right to be heard by an Appeals Panel appointed by the Committee and chaired by a non Executive Committee member.

4. OFFICERS

(a) At the Annual General Meeting the Association shall elect the following Officers: a Chair, 3 Vice-Chairs (one from each main political party), a Secretary, a Treasurer and such other Honorary Officers as the Association shall decide.

(b) The Chair and the Honorary Officers of the Association shall hold office until the conclusion of the Annual General Meeting of the Association next after their electron. They shall be eligible for re-election PROVDED THAT no Honorary Officer shall hold the same office for more than 4 consecutive years. On the expiration of such period, 1 further year must elapse before any former Honorary Officer shall be eligible for re-election.

(c) The Honorary Officers must be full members of the Association, and shall automatically be members of the said Executive committee and of any other committee.

5. EXECUTIVE COMMITTEE

(a) The policy and general management of the affairs of the Association shall be directed by an Executive Committee (hereinafter called "the committee") which shall meet not less than 6 times a year and when complete shall consist of not less than 12 or more that 16 members.

(b) The members of the Committee shall be elected at the Annual General Meeting of the Association in accordance with Clause 8 hereof. The Committee must reflect the gender, ethnic and regional balance of the membership and will include at least one member of each political party.

(c) Election to the Committee shall be for 2 years. ½ the membership shall retire annually but shall be eligible for re-election PROVIDED THAT no Committee member shall hold office for more than 4 years. On the expiration of such period, 1 further year must elapse before any former committee member shall be eligible for re-election, the members so to retire being those who have been longest in office since the last election. As between members who have been in office the same length of time, those due to retire shall be chosen by lot.

(d) Nomination for Honorary offices or members of the Committee must be made by full members of the Association in writing and must be in the hands of the Secretary at least 14 days before the Annual General Meeting. Should nomination exceed vacancies, election shall be by ballot.

(e) In addition to the members so elected and to those serving by virtue of Clause 4 (c) hereof the Committee may co-opt up to 4 further members being full members of the Association who shall serve until the conclusion of the next Annual General Meeting. The number of co-opted members shall not exceed one-third of the total membership of the Committee at the time of cooption.

(f) Any casual vacancy in the Committee may be filled up by the Committee. Any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next Annual general Meeting of the Association and shall be eligible for election at the meeting.

(g) The proceedings of the Committee shall not be invalidated by any failure to elect or any defect in the election appointment, co-option or qualification of any member.

(h) The Committee shall appoint and fix the remuneration of staff (not being members of the Committee) as may in their opinion be necessary.

(i) The Committee may appoint such special or standing committees as may be deemed necessary by the committee and shall determine their term of reference, powers, duration and composition. All acts and proceedings of such special or standing committees shall be reported back to Committee as soon as possible.

(j) The Committee may include, whether by election or co-option, former councillors, to provide continuity and additional assistance, but the Associations' Executive Committee must at all times retain a clear majority of current elected councillors.

6. DETERMINATION OF MEMBERSHIP OF THE COMMITTEE

A member of the Committee shall cease to hold office if he or she:

(a) ceases to be a councillor or is suspended as a councillor.

(b) is disqualified from acting as a member of the Committee by virtue of Section 72 of Charities Act 1993 (or any statutory re-enactment or modification of the provision).

(c) becomes incapable by reasons of mental disorder, illness or injury of managing and administering his or her own affairs;

(d) resigns his or her office by notice in writing; or

(e) Is absent from 3 consecutive meetings of the Committee and/or for good and sufficient reasons three-quarter of the other members of the Committee pass a resolution that such a Committee member shall be removed from office. A Committee member faced with removal shall have the right to be heard by the other Committee members before a vote is taken.

7. LOCAL BRANCHES

The Committee shall have power to establish regional branches for the furtherance of the said objects. Each region so established shall comply with and be subject to the following regulations:

(a) The regional branch shall act in pursuance of the said objects and of the policy of the Association and shall be subject to such conditions laid down by the Committee.

(b) The region may publish literature solely in the name of the branch for local purposes but such literature shall not contain any statement contrary to the said objects or to the policy of the Association.

(c) Representations of whatever kind to other bodies and/or individuals may only be made by the region through or with the prior approval of the Committee.

8. MEETINGS OF THE ASSOCIATION

(a) Once in each year an Annual General Meeting of the Association shall be held at such time (not being more than 15 months after the holding of the preceding Annual General Meeting) and place as the Committee shall determine. At least 21 clear days' notice shall be given in writing by the Secretary to each member. At such Annual General Meeting the business shall include the election of Honorary Officers; the election of full members to serve on the Committee; the appointment of an auditor or auditors or independent examiner or examiners if required under the Charities Act 1993; the consideration of an annual report of the work done by or under the auspices of the Committee and of the audited accounts and the transaction of such other matters as may from time to time be necessary.

(b) The Chair of the Committee may at any time at his/her discretion and the Secretary shall within 21 days of receiving a written request to do so, signed by not less than one-third full members whether individual or representative, and giving reasons for the request, call a Special General Meeting of the Association.

9. RULES OF PROCEDURE AT ALL MEETINGS

(a) Quorum. The quorum at a meeting of the Association shall be one-tenth of the total actual membership of the Association for the time being and the quorum of the Committee or any committee appointed under Clause 5 (i) hereof shall be one-third of the Committee.

(b) Voting. All questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote. Arrangements for postal voting may from time to time be made. No person shall exercise more than one vote notwithstanding that he or she may have been appointed to represent two or more interests, but in case of an equality of votes the chair of the meeting shall have a second or casting vote.

(c) Minutes. Minutes book shall be kept by the Committee and all other committees and the appropriate secretary shall enter therein a record of all proceedings and resolutions.

(d) Standing Orders and Rules. The Committee shall have power to adopt and issue Standing Orders and/or Rules for the Association. Such Standing Orders and/or Rules shall come into operation immediately PROVIDED ALWAYS that they shall be subject to review at the AGM and shall not be inconsistent with the provisions of this Constitution.

10. PAYMENTS

(a) All moneys raised by or on behalf of the Association shall be applied to further the objects of the Association andfor no other purpose other than:

(i) the repayment to members of the Committee or of any committee appointed under Clause 5(i) hereof reasonable out-of-pocket expenses; or

(ii) the Committee from providing indemnity insurance to cover the ability of the Committee (or any of them) which by virtue or any rule of law would otherwise attach to them in respect of any negligence, default, breach of duty or breach of trust of which they may be guilty in relation to the Association; provided that any such insurance shall not extend to any claim arising from any act or omission which the Committee (or any of them) knew to be a breach of trust or breach of duty or which was committed by the Committee (or any of them) in reckless disregard of whether it was a breach of trust or breach of duty or not.

11. FINANCE

(a) The Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to:

(i) the keeping of accounting records for the Charity;

(ii) the preparation of annual statements of account for the charity;

(iii) the audited or independent examination of the statements of account of the charity; and

(iv) the transmission of the statements of account of the Charity to the Commissioners.

(b) An audited statements of the accounts for the last financial year shall be submitted by the Committee to the Annual General Meeting. (c) A bank account shall be opened in the name of the Association with Midland Bank PLC.

12. ALTERATION TO THE CONSTITUTION

(a) Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.

(b) No amendment may be made to clause 1 (the name of charity clause) clause 2 (the objects clause), clause 14 (the dissolution clause) or this clause without the prior consent in writing of the Charities Commissioners.

(c) No amendment may be made which would have the effect of making the charity cease to be a charity at law.

(d) The Committee should within 14 days send to the Commissioner a copy of any amendment under this clause.

13. DISSOLUTION

If the Committee by a simple majority decide at any time that on the grounds of expense or otherwise it is necessary or advisable to dissolve the Association, it shall call a meeting of all members of the Association who have the power to vote of which meeting not less 21 days' notice (stating the terms of the Resolution to be proposed thereat) shall be given. If such decision shall be confirmed by two-thirds majority of quorum present and voting at such meeting the Committee shall have power to realise any assets held by or on behalf of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having object similar to the objects of the Association as the committee may determine.

14. NOTICES

Any notice may be served by the Secretary on any member either personally or on its appointed representative as the case may be, or by sending it through the post in a prepared letter addressed to such member at his, her or its last known address in the United Kingdom and any letter so sent shall be deemed to have been received within ten days of posting.