Constitution

Name: The name of the Association shall be “The 2020 Association” (hereinafter known as “the Association”).

Legal Status:

The Association is an ‘unincorporated body’ within the meaning of the Charities and Non Profit Organisations (Registration) (Guernsey) Law, 2008.

Contact Details:

The registered address of The 2020 Association for service of documents and general postal enquiries is: Bonamy House, St. James Street, St. Peter Port, GY1 2NZ, Guernsey.

The contact details for The 2020 Association for electronic mailing are:

The Website of The 2020 Association can be found at: www.2020.gg

Objectives:

The objectives of the Association are

  1. to represent and develop the interests and standing of pragmatic, conservative government in Guernsey and to promote the establishment, furtherance and maintenance of good standards of practice and accountability by the Civil Service,
  2. to develop and provide policies and advice for Deputies and candidates,
  3. to maintain a website with the name “2020.gg” (“the Website”) and other internet presence as thought fit,
  4. to do such things as may be necessary or desirable in furthering or attaining any or all of the foregoing objectives, and to do so as simply, efficiently and cost-effectively as possible.

Committee:

  1. There shall be a Committee (“the Committee”) whose duty it shall be to carry out the general policies of the Association and to provide for the administration.
  2. The initial Committee members shall be drawn from the founding members of the Association.
  3. The Committee will comprise not less than 3 members and no more than 10 members.
  4. The Committee may appoint working parties, officers to the Association or sub-committees as they see fit.
  5. Any and all decisions are to be made by a majority of the Committee members in attendance at a meeting or by unanimous written resolution.
  6. The Committee
    1. Shall comprise at least one independent (unconnected)  person, who shall occupy the role of Chairman. The roles of Secretary and Treasurer may be held by any member of the Committee,
    2. Chairman will have the responsibility for committee performance evaluation and succession planning of committee members,
    3. has a duty to ensure that there are measures in place to enable the Association to achieve its purpose and Objectives effectively, to fulfil its other obligations under this Constitution and to discharge any legal obligations to which it is subject,
    4. has a duty to review the activities of the Association, as well as its own performance, from time to time to ensure that the Association continues to achieve its purpose and Objectives effectively, to fulfil its other obligations under this Constitution and to discharge any legal obligations to which it is subject,
    5. has a duty to ensure that the financial position of the Association is satisfactory and prudent for the purposes of the Association’s Objectives, in particular that disbursements are subject to dual control by unconnected people,
    6. has a duty to ensure that it maintains proper records and safeguarding of personal data,
    7. shall have at least one member resident in Guernsey
  7. Save in exceptional circumstances, Committee Members may serve for no longer than 9 years in accordance with accepted standards of Corporate Governance.
  8. Retiring members may be replaced by appointment by the remaining Committee and shall serve until the following Annual General Meeting of the Association at which their appointment must be put to the Meeting for ratification.
  9. A member of the Committee may be removed by the vote of a majority of all the remaining members of the Committee provided such majority includes the Chairman.
  10. A member of the Committee
    1. shall disclose any potential, perceived or actual conflict of interest to the Committee at the earliest opportunity,
    2. shall not not receive remuneration except for their out of pocket expenses,
    3. shall be a person of integrity and probity, with appropriate skills and experience,
    4. shall act with the utmost good faith in all matters relating to the Association, and only within the powers afforded by this Constitution,
    5. shall be a Member of the Association.
  11. The Committee shall meet at least twice a year and also as and when required, physically, or via video or audio conference or a mixture any of the foregoing.
  12. Committee meetings
    1. shall be held only after the advance notification of all Committee members, (except in case of emergency),
    2. are to be held with, in as far as is possible, all Committee members present but with a quorum of at least two unconnected persons,
    3. are to be minuted or recorded, and these records are to be the property of the Association.
  13. Votes are considered carried by simple majority with the Chairman holding a casting vote.
  14. The duties and powers of the Chairman, Secretary and Treasurer are contained in the attached appendices.

Membership Rules:

  1. Membership of the Association (“the Members”) is open to any individuals aged 16 or over at the absolute discretion of the Committee, who may reject or invite or suspend any member at any time.
  2. The Committee shall maintain a list of Members as required.
  3. The Chairman shall be responsible to investigate and rule on any dispute or a complaint against the Association or a member. The Chairman may co-opt two committee members to assist him.  In the event that a dispute or complaint is made against the Chairman then the investigation and ruling will be undertaken by three unconnected committee members.
  4. The Committee is empowered to take external advice as they see necessary.

Meetings:

  1. The Committee may call meetings of the Members.
  2. Annual General Meetings – will require 21 days notice.  Resolutions passed at an AGM will be passed by a majority of not less than 65% of those voting in person or by proxy.  Proxy votes must be received no later than 24 hours before an AGM.
  3. Extraordinary General Meetings will require 14 days notice.  An EGM may be called by the Committee.
  4. A request for an EGM will be accepted if requested by 15 or more members.  
  5. Resolutions passed at an EGM will be passed by a majority of not less than 75% of those voting in person or by proxy.  
  6. Proxy votes must be received no later than 48 hours before an EGM.

Finances:

  1. The Association may accept donations, legacies, subscriptions or other monies as the Committee sees fit, always in accordance with statutory and financial services regulations relating to money laundering and the countering of financial crime and terrorism.
  2. A bank account may be opened at the Committee’s discretion.
  3. Any and all expenditure is to be approved by the Committee.
  4. Management Accounts are to be kept and presented to Committee Meetings.
  5. The Association’s Financial Year End will be 31st December annually.
  6. Either the Committee or the Members may elect whether the annual financial statements should be independently audited, or verified or inspected.

Public statements:

  1. Press releases and or publications are to made only after their approval by the Chairman and at least one other Committee member, or in the absence of the Chairman at least two Committee Members.
  2. Interviews may only be made by a spokesperson appointed by the Committee.
  3. This Constitution or its amended form shall be available upon request.

Ownership of IP:

  1. The Website and other related material, internet presence, domains, email accounts, logos and related copyright is owned by The Association.
  2. Login and account details are to be held by authorised members of the Committee.

General:

  1. There is to be a presumption in order of disclosure for all matters relating to the Association.
  2. ‘Notice’ may be given to Members by email or in writing.

Variation:

  1. The Committee may prepare amendments to this Constitution as it sees fit.
  2. Such amendments shall require assent of the Members at an AGM or EGM to come into force. such assent to be signified by the vote of at least two thirds of the Members present and voting at the meeting in person or by proxy.

Dissolution:

  1. The Association may at any time be dissolved by Resolution passed by a three-quarters majority of those present and voting at an Extraordinary General Meeting of the Members of the Association of which at least fourteen clear days’ notice shall have been sent to all Members of the Association.
  2. Any property or funds remaining after the satisfaction of all debts and liabilities of the Association shall be paid to or distributed to such charity or charities as the Committee shall decide.

APPENDIX

Duties of the Chairman

The Chairman is responsible for the leadership of the Association, ensuring its effectiveness on all aspects of its role and the setting of its agenda.

The Chairman shall ensure he/she will:

Meetings

  1. Chair Committee and general meetings.
  2. Run the Committee and maintain its effectiveness in all aspects of its role, including regularity and frequency of meetings.
  3. Set the committee agenda, taking into account the issues and concerns of all members. The agenda should be forward looking, concentrating on strategic matters.
  4. Ensure that there is appropriate delegation of authority from the committee to officers and members as required.
  5. Ensure that the committee members receive accurate, timely and clear information, including that on the Association’s current performance, to enable the Association to take sound decisions, monitor effectively and provide advice to promote the success of the organisation.
  6. Manage the committee to allow enough time for discussion of complex or contentious issues. The Chairman should ensure that committee members have sufficient time to consider critical issues and obtain answers to any questions or concerns they may have and are not faced with unrealistic deadlines for decision making.

General

  1. Uphold the highest standards of integrity and probity
  2. Set the agenda, style and tone of Committee discussions to promote effective decision making and constructive debate.
  3. Ensure that they are fully informed about all issues on which the Committee will have to make a decision.
  4. Ensure effective implementation of Committee decisions.
  5. Promote effective relationships and open communication between Committee Members both inside and outside the Committee room,
  6. Build an effective and complementary Committee, and initiate change and plan succession in Committee appointments (except that of a successor as chairman) subject to Committee and membership approval.
  7. With the assistance of the Secretary, promote the highest standards of governance
  8. Ensure an appropriate balance is maintained between the interests of
  9. members and other stakeholders
  10. Ensure the long term sustainability of the Association.
  11. Ensure the continual improvement in quality and calibre of the Committee.
  12. Establish a close relationship of trust with the Treasurer, Secretary and other officers providing support and advice while respecting their individual responsibilities.
  13. Provide coherent leadership of the Association, including, in conjunction with the Committee, representing the Association to the media and other stakeholders the community and the public.

Duties of the Treasurer:

  1. overseeing, and presenting budgets, accounts, management accounts and financial statements to the Association Committee;
  2. ensuring that proper accounts and records are kept, ensuring financial resources are expended and invested in line with Association policy, good governance, legal and regulatory requirements;
  3. being instrumental in the development and implementation of financial, reserves and investment policies;
  4. liaising, where applicable, with the Chairman, committee members or other appropriate officers  responsible for the financial activities of the organisation;
  5. liaising with the Association’s  auditors or independent examiner, where appropriate;
  6. monitoring and advising on the financial viability of the Association after liaising with the Association’s auditors;
  7. creating  sound financial instruments for the control of charity assets;
  8. implementing and monitoring specific financial controls and systems and ensuring that they are adhered to;
  9. advising on the financial implications of the Association’s strategic plan;
  10. acting as a counter-signatory on Association cheques (including any electronic transactions) and any applications for funds;
  11. maintaining sound financial management of the Association’s resources, ensuring expenditure is in line with the Associations constitution;
  12. contributing to the fundraising strategy (if any) of the organisation and helping to ensure that fundraising targets are aligned to the overall purpose of the Association and its agreed
  13. strategy; and
  14. providing leadership and support to the Committee, where appropriate.

Duties of the Secretary:

  1. Maintaining the Association’s statutory books, including:
    1. a register of present and past committee members and secretaries,
    2. a register of any charges on the Association’s assets,
    3. minutes of general meetings and committee meetings.
  2. Filing annual returns at Guernsey Registry/Income Tax. Other documents which must be filed include the Committee’s report and auditors’ report (unless the Association is exempt), and financial statements, including details of the Association’s assets and liabilities.
  3. Arranging meetings of the Committee and Members Meetings (AGM/EGM). This responsibility will involve the issue of proper notices of meetings, preparation of agenda, circulation of relevant papers and taking and producing minutes to record the business transacted at the meetings and the decisions taken.
  4. Maintaining a Conflicts of Interest Register.
  5. Informing Guernsey Registry of any significant changes in the Association’s structure or purpose, for example a change in the Not For Profit status.
  6. Establishing and maintaining the Committee’s registered office as the address for any formal communications. Ensuring that all the Association business stationery carries its name, registered number, country of registration and registered address. These details must also appear on the Association’s website, emails, order forms and invoices.
  7. Ensuring the security of the Association’s legal documents, including for example, the certificate of incorporation and constitution of the Association.
  8. Deciding on the Association’s policy for the filing and retention of documents.
  9. Advising Committee members on their duties, and ensuring that they comply with applicable legislation and the constitution of the Association.
  10. Working with the Chairman to ensure high standards of Governance.
  11. Maintenance and renewal of any insurances.
  12. Compliance with data protection.
  13. Managing policies and procedures.