Constitution and Rules of the Aveley and Newham band

Transcription

1 Constitution and Rules of the Aveley and Newham band 1. NAME The organisation shall be known as the Aveley and Newham Band, hereafter referred to as the Band. 2. OBJECTS The Band is an amateur organisation which is an unincorporated association with charitable objects. The charitable objects are: (a) The advancement in the education of the public in the study, practise and appreciation of the medium of brass band music; (b) In particular the performance of brass band music and the provision of opportunities to participate in rehearsals, concerts, recording sessions and the sale of recordings, radio broadcasts, television broadcasts, musical competitions, the encouragement of the commissioning of new works of Brass Band music either alone or in association with any other organisation and/or person or persons and 1

2 the teaching and playing of instruments normally associated with Brass Bands and the engagement or employment of any person or persons necessary for these purposes; (c) The provision of facilities and the use of musical instruments for members of the Band in such manner as the General Committee see fit. 3. POWERS In furtherance of the objects of the Band, the Band, or the General Committee, as the case may be, shall have the following powers: (a) To undertake any fund raising activity that the General Committee in its absolute discretion shall from time to time see fit; (b) To enter into membership of any Associations, Federations or other bodies formed for the benefit of the Brass Band movement in general that the General Committee in its absolute discretion shall from time to time see fit; (c) If authorised to do so by a majority of its membership and subject to the consents for the time being by law required, to acquire by purchase or otherwise and to exchange, sell and charge freehold and leasehold land in or for occupation for the furtherance of the objects of the Band; (d) To buy, sell or exchange any property (not being land or an interest of land) of or for the band; (e) To do such other things as may from time to time be considered necessary to further the objects of the Band. 4. ADMINISTRATION 1. All administration and operational matters shall be the responsibility of the General committee. Upon election a committee should define it's aims and objectives for it's term of office. The committee may also review and if necessary amend the band's policies and procedures with regard to operational matters. The committee may publish the band's operational policies and procedures in a formal 2

3 document which may then be distributed to band members and other interested persons. 2. The General Committee shall be elected annually at the Annual General Meeting of the Band. Candidates must be proposed and seconded by members of the Band who must first obtain the consent of the nominee to stand. 3. The General Committee shall consist of Chairman, Secretary, Band Manager, Treasurer, Property Steward (to be known as the Officers of the Band) and two non office-bearing persons. Elected officers must be current members of the Band at the date of taking office. Persons not holding a current membership to the Band shall not stand or be proposed for office. 4. In addition to the aforementioned the following shall also serve as General Committee Members: (a) Any persons elected by the Annual General Meeting of the membership of the Band at the recommendation of the General Committee and duly proposed and seconded to act in the capacity of Trustee of the Band, such recommendations and election to be made only if the person concerned has rendered some long and/or valuable service to the Band. The period of office shall run for 5 years from election or as long as is necessary to reconstitute the Band in the event of disbandment. A trustee need not be a Band member, but will be entitled to attend and vote at general meetings if he or she is not. He or she will be entitled to attend all General Committee meetings and will have the right to vote at those meetings; (b) Any Band member co-opted by the General Committee to serve on that Committee as an additional member in order to provide any specialised knowledge or skill, his or her membership of the Committee to last for as long as the General Committee in its absolute discretion considers necessary, but in any event to cease at the time of the Annual General Meeting following his or her co-option after which time it will be open to the newly elected General Committee to co-opt him or her again. Members co-opted under this part of the rule will be entitled to attend all General Committee Meetings and to vote on all business. 5. Any vacancy that may arise on the General Committee must first be filled by co-option of the next eligible nominee from the last Annual General Meeting according to the votes cast. In the event of a refusal of such co-option then it will be 3

4 extended to the next person eligible. In the event of refusal of co-option by this method by all persons eligible in turn, then co-option shall be offered to any willing member. 6. The General Committee may create a sub-committee of band members for a specific purpose, on such terms as it deems fit. 7. Nominations for the honorary positions of President and Vice-Presidents shall be allowed duly proposed and seconded at the Annual General Meeting. These positions will allow the elected persons to attend meetings of both the General Committee and/or the full membership by invitation but will not allow them a vote on any matter. 8. No member or members of the General Committee shall be held personally responsible either jointly or severally for: (a) Any debt incurred on behalf of or by the Band; or (b) Any legal liability either civil or criminal incurred by any other member of the General Committee, by the Band membership as a whole or by any individual member of the Band. 9. Any General Committee member may be removed from office by a motion supported by not less than three quarters of those present and voting at a General Meeting. Any proposal to remove a General Committee member must be notified in writing to all those entitled to attend a General Meeting at least seven days before the date of the General Meeting at which the motion is to be considered. 5. MEMBERSHIP 1. There shall be two categories of Band membership, playing membership and non-playing membership. For the avoidance of doubt, it is declared that the expressions member, members or membership in any rule are intended to include both categories of membership unless the wording of the rule in question makes it clear that the intention is to refer to only one of the categories. Both categories shall be entitled to attend and vote at General Meetings. 2. Any person who plays an instrument normally associated with Brass Bands or who desires to receive instruction in the playing of such instruments may apply to the General Committee of the Band to become a playing member of the Band. Such application shall be in writing. 4

5 3. Non-playing membership may also be extended to any suitable, interested person at the absolute discretion of the General Committee. Any person may apply for non-playing membership, and such application shall be in writing. His or her nonplaying membership will become effective on the date the decision to extend membership to him or her is made. In the event that a playing member wishes to cease playing with the Band but to remain a member he or she must re-apply for non- playing membership under this part of this rule, having resigned from membership under rule 5:13 below. 4. Admission to playing membership of the Band will be subject to an entry process which will be defined by each Committee for the purpose of establishing the musical competence of the applicant in the playing of any instrument normally associated with Brass Bands. Any decision as to acceptance or refusal of an application will then be made by the General Committee of the Band taking into account all relevant factors, including but not limited to: (a) Reports of any playing during the entry process made to it by the appointed Musical Director(s) or by the person or persons acting in their place and the appointed person as provided for above; (b) The commitment to the Band which the applicant is able to offer; and (c) Whether a suitable vacancy exists or is likely to arise. If the General Committee decides to accept an application, membership will become effective on the date of that decision. 5. Membership will only be applicable to the section for which the entry process was related to. Members who wish to play permanently in another section of the band shall be subject to the entry process again for the relevant section. Members may play temporarily in other sections but it will expected that once that section is occupied or there is no requirement for that member to be in that section the member will return to their official section. 6. Following the appointment of a new member it may be necessary to reorder seating allocation within the relevant section in order to appropriately place the new member. This will be done with consultation between the appointed Musical Director(s) and the relevant section leader. If no agreement can be achieved the matter will be referred to the Committee. 7. From time to time it may be necessary to reshuffle players' seating positions within sections in order to achieve the highest possible musical standard for a particular contest, concert or engagement. This will be done by the Musical 5

6 Director(s) in consultation with the section leader and section members. If no agreement can be found the matter will be referred to the committee. 8. All new members shall be handed a copy of the Constitution and thereafter shall be deemed to have given an undertaking to accept the Constitution of the Band and to comply with these rules. 9. It is expected that playing members of the band shall not play with any other non-professional music organisations at times when the Band have a planned rehearsal or engagement without the prior agreement of the Secretary. 10. Members who are registered with the Band for contest purposes shall not register with any other Band during membership of the Band without the permission of the Secretary. Persons who are not members of the Band may be registered with the Band for contest purposes, but such registration shall not be deemed to constitute membership of the Band. 11. The General Committee shall have the right to expel any member for misconduct in the opinion of the general committee or prolonged non-attendance without good cause or any breach of these rules as it sees fit. In the circumstance of gross misconduct in the opinion of the General Committee, it shall be open to the general committee to terminate membership immediately. If a decision is taken to terminate membership immediately, the Secretary shall write to the member concerned informing him or her that his or her membership has been terminated and of the reasons for it and requiring him to return all Band property forthwith. In all circumstances, except gross misconduct, or if, having concluded that gross misconduct has occurred, the General Committee declined to exercise its discretion to terminate membership immediately, the following procedure will apply. Before any decision to terminate membership is made, the Secretary shall write to the member concerned: (a) (b) informing him or her that termination of membership is to be considered; Stating the reasons why it is to be considered; (c) Giving him or her the option to explain his or her conduct in writing or in person before the General Committee; and (d) Giving him or her not less than 14 days to respond. 12. As soon as the General Committee is satisfied that the member concerned has had adequate opportunity to explain his or her conduct, it may proceed to consider termination of membership. Any decision to terminate membership shall be notified 6

7 in writing to the member concerned by the Secretary within seven days of the date of the General Committee meeting at which the decision is made and the person so notified shall cease forthwith to be a member of the Band. 13. Any member who wishes to resign from the Band shall give notice in writing to the Secretary. His or her membership will then be terminated on a mutually agreed date. 14. No member shall hold claim to any Band property and on leaving membership must give up all Band property to the General Committee. Each member shall sign for any Band property at the time it is handed to him and shall take good care of it whilst it is in his or her possession. 15. It shall be the responsibility of the Band Secretary to maintain a current membership list and to ensure that it is kept up to date by: (a) Updating the membership list as soon as any new membership becomes effective; (b) Amending it when any member ceases to be a member; 16. The playing members of the Band may have the right in a general meeting to appoint a Musical Director or Musical Director(s) and by a simple majority or shall, if considered appropriate, delegate such action to the elected Committee. For the avoidance of doubt, it is confirmed that for the purposes of this part of the rule, any appointed Musical Directors(s) already in post shall not have the right to vote in any General Committee Meeting unless he or she is also a Committee Member or Officer and shall not have the right to vote in any General Meeting unless he or she is also a playing member of the Band. 6. MUSICAL DIRECTION 1. The appointed Musical Director(s) shall be responsible for directing, conducting, rehearsing and programming the music for the rehearsals, concerts, contests and engagements that are allocated to him or her by the committee. 2. Where more than one Musical Director is appointed, it is expected that both shall assist each other where ever it is necessary, but can also be tasked at the direction of the committee to work independently of each other on specific projects. 3. The appointed Musical Director(s) shall be voted in at the Annual General Meeting. Following this they will then be engaged by the committee on behalf of the 7

8 band for rehearsals, concerts, contests, engagements and any other activity that requires musical direction. The committee shall be responsible for engaging appointed Musical Director(s) for the above. 4. Where any appointed Musical Director(s) require financial remuneration for their services they will be required to submit an invoice to the treasurer at a rate already agreed with the treasurer. 5. Appointed Musical Directors(s) will be required to produce a written musical report for the Annual General Meeting. For the avoidance of doubt the appointed Musical Director(s) may only attend an Annual General Meeting or Extraordinary General Meeting by invitation, unless the appointed Musical Director is also a playing member of the band. 6. The Committee after appropriate consultation with the band membership reserve the right to terminate a person s position of Musical Director during the term of their appointment if it feels that person is under performing in any area related to their position or is guilty of misconduct or gross misconduct in the opinion of the general committee. 7. MEETINGS 1. The Annual General Meeting shall be held within three months of the end of the Band s financial year which is the thirty first of December of each year at the first convenient opportunity following the end of the financial year. At this meeting the General Committee including Trustees where appropriate and President and Vice Presidents shall be elected and the Band s income and expenditure account and Balance Sheet for the year just ended shall be presented duly audited. This meeting shall also be the occasion on which Officer s reports shall be made concerning the previous year and on which the Band Members can raise points under Any Other Business on which they may feel concern. The period of notice shall be 21 days prior to the meeting. 2. An Extraordinary General Meeting may be called by the General Committee at its discretion or be convened by the Secretary at the written request of not less than 10 members of the Band. Such a request shall be submitted to the Secretary and shall state the business to be discussed at the meeting. In either case the Secretary shall be obliged to call the meeting by giving not less than 14 days notice of it to all those entitled to attend. The notice shall specify the business to be discussed at the meeting and a vote may be taken in relation only to that business. 8

9 3. The General Committee shall decide the frequency of its meetings subject to the proviso that meetings shall be held not less than once in every two months. Those entitled to attend meetings shall be as follows: (a) (i) In the case of Annual General Meetings and Extraordinary General Meetings: Band members in membership as at date notice of the meeting is given; (ii) By invitation only, Presidents and Vice-Presidents in office and appointed Musical Director(s) as at the date notice of the meeting is given; (iii) (b) Trustees; In the case of General Committee meetings: (i) Members of the Committee, including members co-opted under rules 4:4(a) and 4:4(b) above; (ii) Members of any sub-committee created under rule 4:5 above if the terms upon which that subcommittee was set out included the right to attend General Committee Meetings; (iii) (iv) (v) By invitation only, the President, Vice-Presidents and Musical Director; Trustees; Any member called to a meeting pursuant to rule 5:11 above and 7.4 below And no other persons. Nothing in this part of this rule shall be interpreted so as to prevent other persons attending any meeting by invitation of the General Committee, nor so as to afford voting rights to any person not given such rights by another provision of these rules. 4. Any member may request an audience with the General Committee for any purpose. If attending a meeting in accordance with this rule, the member will be entitled to remain only whilst his concerns are under consideration and will not be entitled to vote. 5. Except as provided for in rule 10.8 below, the quorum necessary for the transaction of business at any form of General Meeting shall be fifteen 66% of members of which three must be officers. For a meeting of the General Committee the quorum shall be five, of which two must be officers. In the absence of the Chairman, any 9

10 member may be elected to take the chair by a simple majority of those present and entitled to vote. 6. Motions to be voted upon at any meeting must be proposed and seconded. Each person entitled to vote shall have one vote only, even if entitled to vote in more than one capacity. Except as provided for in and 10:8 below, motions shall be passed by a simple majority of those present and entitled to vote with the Chairman of the meeting acting as scrutineer. The Chairman of the meeting will have a casting vote in the event of a tie. Voting shall be by show of hands unless a simple majority of those present and entitled to vote passes a duly proposed and seconded motion calling for a secret ballot. Proxy voting will not be allowed unless a vote is to be by secret ballot. 7. At all meetings the minutes of the appropriate previous meeting will be signed by the Chairman of the latter meeting when agreed as correct. 8. PROPERTY 1. The whole of the property belonging to the Band shall be vested in the General Committee and Trustees from time to time and shall at all times be applied in pursuance of the objects of the Band. 2. The Librarian and the Property Steward shall be responsible for the whereabouts and conditions of the music and other property (not being money, land or an interest in land) of the Band respectively and the Secretary shall be kept informed of all movements of instruments and accessories and uniform. 3. The General Committee shall ensure from time to time that insurance valuations are updated. 4. Band property shall not be used for any activity other than an activity in which the Band is participating without the prior permission of the Secretary or Chairman. If any member is in doubt as to whether use of the property requires permission he or she should assume it does and seek such permission. 9. FINANCE 1. All Income of the Band Will be held in a current account. Cheque signatories will be any two of the Chairman, Secretary and Treasurer. 2. The income of the Band will be applied only in furtherance of the objects of the Band. Subject to the foregoing, the General Committee s powers to apply the income of the Band shall include, but shall not be limited to: 10

11 (a) The power to reimburse any member in respect of any out of pocket expenses incurred by him or her on behalf of the Band or in pursuance of the objects of the Band; (b) (c) The power to pay an annual honorarium to any officer; The power to make donations to other persons or bodies; (d) The power to open any deposit or savings account and transfer funds to and from that account to and from the current account, the signatories on the deposit account to be the same as those on the current account. 3. The levying of a subscription upon the membership will not be allowed unless a motion proposing the same has been passed at a General Meeting in accordance with the procedure prescribed in rule 6:7 above. 4. It shall be the responsibility of the Treasurer to ensure that accounts are: (a) (b) Maintained; Audited annually prior to the Annual General Meeting. 10.GENERAL 1. The Band shall meet in accordance with a rehearsal schedule defined by the committee. This may be varied as to both times and days at the discretion of the General Committee. Extra rehearsals may be called as required. Playing members are expected to attend all rehearsals. 2. The Committee shall be responsible for engaging and allocating appointed Musical Director(s) for rehearsals, contests and engagements. The Committee may also engage an external Conductor that has not been elected as an appointed Musical Director to rehearse and conduct the band for a particular contest or engagement or a series of contests or engagements. 3. At each rehearsal the conductor, whether an appointed Musical Director or some other person engaged by the General Committee, shall have absolute control of the conduct of the rehearsal and shall have the final say on any musical matter. Disciplinary matters shall be dealt with by the General Committee. 4. Any member may use an instrument which is his or her own property subject to its suitability being approved by the Musical Director, or, if no Musical Director is in post, by a person nominated by the General Committee to act in his place for the purposes of this part of this rule. No member shall play on another member s 11

12 instrument, whether it is the latter s own or the property of the Band, without the latter s consent. 5. Each playing member shall inform the Secretary (or such other person as the Secretary shall nominate for this purpose) in good time if unable to attend a rehearsal or engagement in order that arrangements to obtain a substitute may be made if necessary. 6. Members, when in uniform, must ensure that they are properly dressed at all times and conduct themselves in a manner befitting the organisation. 7. The Band shall not be dissolved as long as there are six playing members opposed to that course. 8. Subject to rule 9:7 above, the Band may be dissolved if a motion proposing dissolution has been considered at a General Meeting attended by at least half of those entitled to attend and passed by three-quarters of those present and entitled to vote. 9. In the event of dissolution all property including real property shall be held by the trustees then in office until such time as a reconstitution can be effected. 10. Any ensemble of any size formed from the membership of the Band shall be allowed to play under the name of the Band with prior agreement of the Secretary. 11. With the exception of rule 9:1 above, any change of rule must be approved by the passing of a motion in General Meeting. In any event, no change of rule shall be permitted if the effect of that change would be to prevent the objects of the Band being exclusively charitable. JUNIOR BAND 1. A learner s class and/or junior band may be formed under the auspices of the Aveley & Newham Band, and such a class or band may use the name The Aveley & Newham Junior Band (hereafter referred to as the Junior Band ). No body formed independently of the Band or becoming independent of the Band may use this name or any other name which might suggest a connection with the Band. 2. Appointment of the instructor / Conductor of the Junior Band (hereafter referred to as he instructor ) shall be at the sole and absolute discretion of the General Committee. 12

13 3. Admission to membership of the Junior Band will be at the discretion of the instructor subject to that person satisfying the General Committee as to any reason for refusing any application for admission. 4. The Junior Band will be permitted to use Band property, to include instruments and accessories, uniforms, stands, banners and music under the supervision of the instructor if the Band does not require such property at the same time and on the understanding that the property will at all times remain the property of the Band. It will be the responsibility of the instructor to ensure that the Property Steward and Librarian are kept informed of the whereabouts of Band property being used by the Junior Band. 5. Members of the Junior Band will be bound by the same obligations as regards Band property as are members of the Band, that is to say those described in rules 5:14 and 8:4 above, save that in cases of rule 8:4 they will be required to seek the permission of the instructor of the Junior Band rather than that of the Chairman or Secretary. 6. It shall be open to the instructor to formulate further rules for the organisation of the Junior Band provided that such rules shall not take effect if they conflict with any provision of these rules. In any event any such further rules: (a) May only take effect when approved by the General Committee; and (b) Will only form part of these rules if adopted by the Band pursuant to rule 9:11 above. 7. Members of the Junior Band shall not be bound by any of the obligations placed upon members of the Band neither shall they have any rights in relation to the Band other than those set out in this rule. 8. It shall be the responsibility of the instructor to ensure that members of the Junior Band and their parents or guardians understand the rights and responsibilities given to them by this rule and by any other rule made under rule 10:6 above. 13

14 Appendix Committee Job Descriptions Chairman The role of the chairman is to help ensure that the running of the band remains as smooth as possible. The chairman will organise, schedule, chair and produce agendas for the ordinary committee meetings of the band, the Annual General Meeting and any other Extraordinary General Meetings that are called. The Chairman is a key representative of the band in the wider world and will usually help establish good relations with the wider community. The chairman is unable to vote but has the deciding vote should there be no majority. The Chairman may delegate parts of his or her role to an appointed person. The role may also include items not mentioned above. Secretary / Assistant Secretary / Band Manager / Contest Secretary The secretary is responsible for all operational matters. This includes rehearsal schedules, contest and concert organisation, booking rehearsal venues, organising travel and accommodation, collecting availability, organising extra rehearsals and dep players when necessary and any other relevant matters. The secretary shall be responsible for delegating tasks to the assistant secretary / band manager/ contest secretary as appropriate. The Secretary / Assistant Secretary / Band Manager may delegate parts of their roles to other appointed persons. The roles may also include items not mentioned above. Treasurer The role of the treasurer is to manage the finances of the band. This includes maintaining the bands accounts, ensuring that appointed Musical Director(s) or other engaged professionals and dep players are paid, ensuring that the band does not overspend, ensuring members are paying subs and authorising purchases or music, instruments and other expenses. The Treasurer may delegate parts of his or her role to an appointed person. The role may also include items not mentioned above. Property Master The property officer has the main purpose of ensuring that all stands, mutes, instruments, jackets, music, trophies and other items are properly maintained 14

15 and looked after. The property officer will maintain an inventory of property and ensure that the band can account for its property. The property officer will also be responsible for allocating property to new members and making sure the correct equipment is available at each gig. The Property master may delegate parts of his or her role to an appointed person. The role may also include items not mentioned above. Other Committee members The other committee members are required to give additional opinions and votes and to make up a quorum. They should expect to be allocated other tasks to assist with the general running of the band and to assist officers on the Committee. Non committee positions (these are other positions essential to the running of the band but are not elected positions and therefore not up on the board and can be done either by band members or co-opted after the Annual General Meeting). Concert / Engagement Promoter The concert / engagement promoter role is to actively seek performance opportunities by liaising with outside parties of other groups, organisations and venues and to actively promote the band. It is expected that the concert / engagement promoter will work closely with the secretary / assistant secretary / band manager, PR officer and Webmaster. Librarian The primary responsibility of the librarian is to maintain the large collection of music the band has whilst working closely with the MD. The library will coordinate pad reshuffles with MD, ensure music is correctly handed out, and correctly handed in. The librarian will be chiefly responsible for ordering new music purchased by the band. PR Officer The public relations officer will work closely with committee members and outside promoters to ensure that the band get the maximum exposure it 15

16 can from concerts and other events it partakes in. The public relations officer in conjunction with the Webmaster and committee will produce content for the band's website. The PR officer will also maintain the bands twitter, and facebook accounts. Writing press releases and informing local broadcasters and websites of the band's upcoming events and producing newsletters will also be part of the remit. Webmaster The webmaster shall be responsible for maintaining and developing the band's website. The committee will discuss the requirements for the design, content and functionality of the website and will be advised by the webmaster. The webmaster will implement the requirements that arise from the discussion. The committee in conjunction with the webmaster and the PR officer should produce content to go on the website which could include news articles, photos, membership application forms, contact details, audio, video and any other material which the committee feel should be present on the website. Social Events Coordinator The social events coordinator will be responsible for creating and organising social events throughout the year. Fundraising coordinator The fund raising coordinator will be responsible for creating and organising events that produce financial income. 16