Constitution



Social Care Ireland – a draft constitution November 2010

  1. Name: Social Care Ireland
  2. Objectives:  The objectives of the Association “Social Care Ireland” are:
    1. Providing a representative body to act on behalf of Social Care educators, workers and managers in Ireland
    2. Providing a forum for discussion for the constituent bodies in the association
    3. Providing a platform for affiliated bodies to voice their concerns or support for developments in the areas in which they have special interest
    4. Promoting the development of a greater understanding of the importance and value of social care practice, education and management
    5. Fostering a spirit of co-operation, participation and support by developing awareness among the constituent members of the needs of others
    6. Promoting and informing public opinion of issues directly related to our work
    7. Promoting, or carrying out, or assisting in promoting and carrying out relevant research, evaluating changing practices, needs, or developments in the area of social care in Ireland ↑Top
  3. Accounts:
    1. The Executive Committee will cause to be kept books of account in which shall be kept full, true, and complete accounts of the affairs and transactions of the Association
    2. The record of accounts will be held by the Treasurer and will be open to be inspected by a representative of the Executive at any time
    3. At the Annual General Meeting of Social Care Ireland each year the Executive will supply financial reports, which comprise a balance sheet and income statement in respect of the last completed financial year
    4. Members other than Executive members will have no right other than that provided by law or authorised by the executive to inspect the financial record ↑Top
  4. Membership:
    1. Social Care Ireland is a representative forum, composed of three constituent associations. There is no direct membership to this forum.Each of the three constituent associations will retain their rights to recruit members independently. These members will be represented through the election process in place within their constituent association, through which delegates will be chosen to act on the Executive of Social Care Ireland ↑Top
  5. Chair:
    1. The Executive members of Social Care Ireland will be nominated from the affiliated associations. Four officers will be elected from the nine Executive Committee Members. These positions will be Chair, Treasurer and Secretary and Vice Chair
    2. It will be within the discretion of the Executive of Social Care Ireland to decide on whether or not these positions are to rotate
    3. If any officer of the Social Care Ireland Executive stands down, the replacement will be elected from the existing Executive Committee, prior to a replacement nomination coming from the relevant constituent association
    4. The Chair will preside as Chair at all meetings, and when not available will be replaced by a Vice Chair
    5. The Chair will decide on the time frames for motions discussed, order of business. The Chair will decide on the validity of votes cast and shall have a second or casting vote, in the event of a tied decision ↑Top
  6. Voting:
    1. Unless it could be argued detrimental to the voting process, voting will be decided by a show of hands
    2. Demand for a poll vote on one topic will not be extended to others collectively ↑Top
  7. Executive Committee Powers: There will be an Executive Committee which, subject to this constitution and to any resolution passed by the Association:
    1. Will control and manage the association
    2. May exercise all the functions of the association other than those that this constitution requires the association to exercise
    3. Will ensure that the association’s affairs are conducted in accordance with the highest ethical standards, and in accordance with the objectives of the association as set out in this constitution
    4. No resources are utilised except for the purposes authorised by this constitution
    5. Financial records are kept in accordance with generally accepted accounting principles
    6. Will have the power to appoint any further officers as are deemed appropriate from within its number to delegate specified tasks, and where it is deemed necessary to co-opt onto its number personnel to fulfil functions other than the executive members may feel qualified to fulfil
    7. To appoint sub-committee groups from within its members to address specific tasks, and where appropriate to appoint members other than executive committee members to take positions on these sub-committees
    8. To draw up terms and references and accountability procedures for all sub-committees
    9. To appoint a sub-committee specifically tasked to organise, fund, and run an annual conference open to all members and those working in the area of Social Care ↑Top
  8. Remuneration of Executive Committee Members:
    1. The Executive Committee members shall receive no remuneration for their services
    2. Whatever reimbursement arrangements as are made by the affiliated associations will operate independent of Social Care Ireland
    3. Any payment or reimbursement of out-of-pocket expenses incurred for the benefit of the association will be approved by the Executive Committee ↑Top
  9. Constitution of the Executive Committee:
    1. There shall be 9 members on the Executive Committee, a Chair, Treasurer and Secretary, Vice-Chair, and five non-officer members
    2. The three officers will be elected from the nine members, one officer from each of the three current constituent associations. The position of Vice Chair is elected by the executive at their discretion from the non-officers present
    3. If other associations become affiliated to Social Care Ireland corresponding officer positions will be appointed (Vice Chair, PRO and so forth) ↑Top
  10. The Chair:
    1. The chair will be the chief office-bearer of the Association
    2. Chair meetings of the Association
    3. Be an ex-officio member of all other committees (sub-committees)
    4. Exercise a broad oversight of the operations of the association with respect to meeting its constitutional, legal and social obligations
    5. Ensure that the decisions of the Executive Committee are implemented ↑Top
  11. The Deputy Chair:
    1. The role of the Vice Chair will be to act in the absence of the Chair, in keeping with wishes of the Executive, at full executive meetings or delegated sub-committee meetings ↑Top
  12. Appointment of Executive Committee:
    1. Where an appointed member is unable to continue attendance at Committee meetings the relevant affiliated association will nominate a replacement as soon as possible
    2. Membership of the Executive Committee will be for a two year term
    3. The positions of officers will correspond with this time frame, but may be subject to the Executive committee deciding shorter terms of office in accordance with Rotating Protocols
    4. The voting procedure for the position of Officers on the Committee will be based on a show of hands where the expectation will be that members will vote, setting aside their affiliated association loyalties ↑Top
  13. Removal of Executive Committee Members:
    1. If an issue arises whereby members of Constituent Associations feel Executive Committee members are not representing them, acting inappropriately, or should be removed, this must be done in accordance with their own affiliated associations constitution
    2. Where members of an affiliated association, other than the nominating association, become dissatisfied then this will be brought to an Executive meeting where the matter will be discussed in an attempt to find a resolution that respects the autonomy of the nominating association ↑Top
  14. Executive Committee Meetings:
    1. The quorum for an Executive Committee Meeting will be 5
    2. The Executive Committee will meet no less than 5 times annually, not more than three months will elapse between meetings
    3. A resolution in writing, or in e-mail signed off by 5 or more executive committee members will have the same validity as if passed at an executive committee meeting ↑Top
  15. Matters which may not be delegated:
    1. The executive committee may not delegate its power to appoint committees and determine their powers, procedures and duties
    2. The executive committee may not delegate its power to determine the conditions pertaining to the inspection of records
    3. The executive committee may not delegate any function imposed specifically by law or resolution to the executive committee
    4. The executive committee may not delegate its power to delegate ↑Top
  16. Other Committees:
    1. The Executive Committee may appoint such committees as it deems appropriate which may include persons who are not members of the Social Care Ireland Executive ↑Top
  17. Validity of Acts:
    1. Any decision made by Executive Committee members, whose appointment is later found to have defect, shall be deemed valid as if each person had been duly appointed and was qualified to be a committee member
    2. Any decision made by the Executive Committee members, which is later found to be in breach of the constitution of Social Care Ireland shall be overturned upon discovery and duly revisited at the earliest possible opportunity ↑Top
  18. Minutes of Meetings:
    1. The Committee will cause minutes to be made in books provided for that purpose of all appointments of officers made by the Executive Committee
    2. Will list the names of all members present at each Executive Meeting
    3. Will record all resolutions and proceedings of the meeting of the executive committee
    4. Will be signed off by the Chair, before the next committee meeting business is discussed, as being a true record of the meeting recorded ↑Top
  19. Inspection of Records:
    1. The Executive Committee shall determine whether and to what extent, and at what time, and under what conditions, the records of Social Care Ireland, including minute books and financial records, will be examined by members other than Executive Committee members. Such members will not have A RIGHT to do so other than as is established by law ↑Top
  20. Application of Property and Income:
    1. The income and property of the Association, however derived or obtained, shall be applied solely towards the promotion of the objects of the association as set forth in this Constitution, and except as otherwise provided in this Constitution, no portion thereof shall be paid or transferred directly or indirectly to any members
    2. Nothing contained in clause 20(a) will prevent the payment for services actually rendered or for goods being supplied or property rented in the ordinary and usual way of doing business ↑Top
  21. Winding up Clause:
    1. In the event of the Association being wound up, any surplus assets remaining after the associations liabilities, shall be transferred back to the contributing constituent association as deemed appropriate by the agreement of Executive Committee
    2. In the event of a lack of agreement these resources shall be divided equally among the affiliated associations, or may be donated to a relevant charitable cause in the field of social care development
    3. In the event of liabilities, the executive committee will attribute these liabilities to the relevant contributing affiliated association where appropriate. However, where this is not appropriate the liabilities will be divided among the affiliated associations ↑Top
  22. Indemnity:
    1. Except for any indemnity cover provided by the affiliated association for members acting in good faith promoting similar objects as are outlined in the Social Care Ireland Constitution, members of the Executive Committee will not be provided with indemnity ↑Top
  23. Transition:
    1. Annual general meetings of the three Constituent Associations will be held within twelve months of the adoption of this Constitution at which time the appointment of the nominated Executive Members will be confirmed. From these the Officer positions will be elected
    2. Until completion of the election of Officers, all persons having held office prior to the adoption of the Constitution, subject to this Constitution, and the continued existence of that or equivalent office or position will continue to hold or be deemed to have held that position or office, as though elected or appointed pursuant to this Constitution
    3. Unless repealed or revoked, all decisions in force at the time of the Constitution being adopted shall, as far as possible, continue to apply unless otherwise withdrawn, amended or confirmed ↑Top
  24. Variation of Constitution:
    1. When the Constitution is adopted it may not be varied except by special resolution passed by the Constituent Organisations at their Annual General Meetings. This variation will enacted following agreement by all three organisations only
    2. The Constitution will be reviewed in March 2012 ↑Top

Index

  1. Name
  2. Objectives
  3. Accounts
  4. Membership
  5. Chair
  6. Voting
  7. Executive Committee Powers
  8. Remuneration of Executive Committee Members
  9. Constitution of the Executive Committee
  10. The Chair
  11. The Deputy Chair
  12. Appointment of Executive Committee
  13. Removal of Executive Committee Members
  14. Executive Committee Meetings
  15. Matters which may not be delegated
  16. Other Committees
  17. Validity of Acts
  18. Minutes of Meetings
  19. Inspection of Records
  20. Application of Property and Income
  21. Winding up Clause
  22. Indemnity
  23. Transition
  24. Variation of Constitution

 

 

Membership