SANDWELL ALLOTMENT GARDENERS’ ASSOCIATION
THE CONSTITUTION
1. Name
The Association shall be known as the Sandwell Gardeners’ Allotment Association (SAGA).
2. Objectives
To promote the interests of allotment holders and to take joint action for the benefit of members and associations.
To co-operate with any committee set up by the government, local authority, and other bodies to further the interests of allotment holders and associations.
To provide training for Allotment Committee Members and for people who wish to become involved in the management of allotments.
To arrange meetings, lectures, demonstrations, competitions, and other social events.
To co-operate with other gardening associations in matters of mutual interest.
To arbitrate disputes between parties through an appeal process which is available to both association tenants and allotment associations within the boundaries to Sandwell Metropolitan Borough Council (SMBC).
3. Powers
The Association has the following powers, which may be exercised only in promoting the Objectives:
Work with and support other groups, voluntary organisations, statutory agencies, and individuals to achieve its objectives.
Conduct or assist with research and surveys and publish the results.
Provide, arrange, and support exhibitions, meetings, lectures, seminars and training courses.
Collect and share information on matters related to its objectives with other groups with similar objectives.
Commission, publish and distribute articles, books, periodicals, pamphlets or other documents or films that support its objectives.
Accept gifts or raise money to support the SAGA on appropriate terms.
Raise funds for SAGA by personal or written appeals, public meetings, or any other legitimate means.
Manage appeals on behalf of association tenants and allotment associations within the vicinity of SMBC.
Perform any other lawful activity that will assist SAGA to achieve its objectives.
4. Membership
The membership shall be open, irrespective of colour, nationality, physical or mental ability, race, religious belief, or sex to all prospective allotment tenants (normally, but not limited to officers of the self-managed associations) living in the vicinity of SMBC.
SAGA meetings may consist of up to two voting members of each self-managed association allotment when invited to meetings.
5. Executive Officers
The executive officers shall be a Chairman, Treasurer and Secretary, who shall be ex-officio members of SAGA. They shall be elected at each Annual General Meeting (AGM). Only one executive officer can be elected from an individual allotment site within the borough or Sandwell. Retiring officers shall be eligible for re-election. Executive officers who are unable to attend the AGM and are willing to stand for re-election must submit their wish in writing to the current Secretary.
6. Executive Committee
The business of the association shall be conducted by an executive committee elected at an AGM, which shall consist at least of a Chairperson, Treasurer, Secretary and at least one other member. This executive committee may have only one position elected from the same household. A quorum at Committee Meetings shall be not less than four members.
The composition of the executive committee shall made up of any individuals in line with the Equality Act as stated in section 4 above.
SAGA members (allotment holders) may elect executive officers from the interested plot holders for the positions available. In the case of two nominees for one executive officer’s post, the vote shall be put to members present at an AGM.
Elected councillors of the landlord authority shall not be eligible for election as executive officers of SAGA, and refrain from voting if there is a vested interest in its dealings with the council or any other body.
The election or removal of executive officers or other members may only be carried out by an Annual or Special General Meeting of SAGA;
SAGA may temporarily fill any vacancy arising among the executive officers of the SAGA from its other members until the next SAGA meeting of members takes place.
7. SAGA Meetings
SAGA shall meet as necessary and when possible, six times in each year. A quorum at general meeting shall be not less than four members.
SAGA meetings shall be open to members of an allotment association wishing to attend, who may speak and vote if it is required.
SAGA meetings when held (customarily at a SMBC property) will be decided by the executive committee and an invitation circulated to all association secretaries.
The Chairperson will usually preside at each meeting of SAGA.
Except where otherwise provided by this constitution every issue may be determined by a simple majority of the votes cast at a meeting of SAGA and any resolution which is documented in the minutes is valid as a resolution passed at the meeting.
Except for the Chairperson of the meeting, who has a second or casting vote, every association member present has one vote on each issue.
A procedural defect of which SAGA is unaware at the time does not invalidate decisions taken at a meeting of SAGA.
All members shall be given not less than 14 days’ notice of any SAGA Meeting.
8. Annual General Meetings
The committee can call an AGM of the Association each year and where practical in the month of April – unless circumstances prevent this from occurring. A quorum at general meeting shall be not less than four members.
Not less than 14 days’ notice of the AGM shall be given to all association members and all those eligible to attend.
At this meeting:
The executive committee shall present the audited accounts of the SAGA for the previous year.
If an election of the executive committee is required, then the executive officers for the next year shall be elected.
The executive officers of SAGA shall determine a date, but no later than six months after the AGM when an independent auditor shall be nominated.
Any proposals submitted to the Secretary in writing not less than 7 days in advance of the meeting shall be discussed.
9. Special General Meeting/Extraordinary General Meeting
The Secretary shall call a special general meeting or extraordinary general meeting at the request of a simple majority of the associations (there are currently 17 association sites as of March 1998); and on receipt of a written petition by not less than 50% of association sites giving reasons for their request. The Secretary shall give not less than 14 days’ notice of the holding of a special general meeting or extraordinary general meeting, which shall take place within 21 days of the receipt of the request or petition.
10. Duties of Executive Committee
The Treasurer shall open and maintain a banking account in the name of the Association. All cheques shall be signed by a minimum of two nominated members of the executive committee. The Treasurer shall keep proper accounts of income and expenditure and report on them or deliver them up as required at a SAGA Meeting and shall supply a copy as is required by the SMBC or to any approved organisation directed by the Council.
The Secretary shall be responsible for the convening of all meetings and the giving of the prescribed notice to members. S/he shall ensure that a proper record is kept of all meeting of the Association its committee and sub committees in the form of minutes; and shall deliver up such records as required by the executive committee or SAGA Meeting. The Secretary shall permit the minutes to be examined on receipt of not less than 7 days’ notice by any 2 members of an Association [unless the contents are considered confidential in nature]. S/he shall maintain a register of members of the Association.
Executive officers delegated to represent SAGA in consultation with any other body shall act on the instructions of any decision made at a SAGA meeting and shall report back to the next SAGA meeting whichever is the sooner. Only executive officers of SAGA shall be delegated to consult with the local authority on matters of management.
An Appeals Panel will consider appeals from allotment association tenants or allotment associations against evictions (NTQ), formal complaints relating to events, Risk and Quality decisions to ensure rules and site policies are applied correctly and exercise discretion for exceptional circumstances.
11. Alterations to this Constitution
The constitution may be altered by a resolution passed at a general meeting with a two-thirds majority of those voting on the resolution.
12. Funds
SAGA must have no more than two bank accounts and all bank accounts which hold the Association’s funds must be in the name of the Association and require at least two signatures on every payment.
13. Records and Accounts
The Committee must keep proper records of all proceedings at SAGA meetings, appeal discussions and any professional advice obtained.
Appeals documentation, including that which is provided by co-opted attendees, shall maintain the confidentiality of the subject matter, and not disclose any information on the decision, minutes, notes or process to any party.
Accounting and all other records relating to SAGA must be made available for inspection by any SMBC Officer at a time mutually agreed with SAGA.
A copy of the Association’s latest available statement of accounts must be supplied on request to any Association within 21 days of a request.
14. Dissolution
In the event of the dissolution of SAGA, the executive committee shall sell or cause to be sold all assets belonging to SAGA (items owned solely by the SAGA).
On completion of payment of all monies and outstanding accounts, assets shall be paid over to SMBC, and kept by them until a new committee can be formed or used by the council to make improvements to self-managed allotments, if no new committee can be formed within a year.
