Constitution

Adopted at the Inaugural Meeting of the Committee on the 23rd day of February, 2004.

  1. Name
    1. The name of the Committee is the Clapham Common Management Advisory Committee (hereinafter called “the Committee”).
  2. Aims
    1. To protect the Common from encroachment and preserve valuable historical features.
    2. To promote improvements where necessary and in accordance with the law as applicable to the Common and with the wishes of the community in mind.
    3. To facilitate effective and sustainable management of the Common which is ancient common land, not a park.
  3. Objectives
    1. Promote effective maintenance and repairs as needed on the Common.
    2. Initiate and maintain a long-term strategy (master plan) for the regeneration and improvement of Clapham Common, paying particular attention to historic features and landscaping.
    3. To act as the recognised consultee for all matters relating to and or affecting the management and improvement of the Common.
    4. Promote consultation with local community and user groups about decisions regarding the Common.
    5. Promote a balanced and appropriate level of formal and informal use of the Common that is fully respectful of the Common’s status as well as benefiting a diverse range of users.
    6. Work to enhance and conserve the natural, historical and physical fabric and biodiversity of the Common.
    7. To work in partnership with LBL and other partners to raise funds to ensure delivery of long-term, sustainable improvements.
  4. Powers
    To further the above objectives (and with due regard to the special nature of the Common and the limitations this sets upon any activities on it,) the Committee may:

    1. Act as a coordinating body to create channels of communication with representatives of local authorities, statutory bodies, voluntary organisations and individuals.
    2. Promote and carry out, or assist in promoting and carrying out, research, surveys and investigations and publish the results for the benefit of the public.
    3. Raise, hold and spend funds.

Do all such other lawful things as are necessary for the achievement of the Objectives.

  1. Membership
    1. The Committee will consist of:
      • London Borough of Lambeth Councillors chosen to reflect the current political balance by and from those councillors representing Clapham Common and Clapham Town wards.
      • The Executive member for the Environment (ex officio).
      • Environment Officers (non Voting).
      • Community representative of the Clapham Society chosen by that Society.
      • Community representative of the Friends of Clapham Common chosen by that Association.
      • Community representatives elected by an Annual Open Meeting.
    2. Candidates with actual or potential pecuniary or other conflicts of interest must disclose these prior to election or selection to the Committee.
    3. The Committee may unanimously and for good reason terminate the membership of any individual including but not limited to the individual being absent from 3 consecutive meetings of the Committee without leave of absence. The individual concerned, accompanied by a friend, shall have the right to be heard by the Committee, before a final decision is made.
  2. The Committee
    1. will elect a chair from amongst the Community or Councillor representatives.
    2. will elect a Vice chair, Treasurer and Secretary from amongst its members. Failing the appointment of a member as Secretary or Treasurer, the Committee will appoint another fit person to act as Secretary or Treasurer, who will not become a member of the Committee.
    3. will meet not less than quarterly.
    4. be quorate if at least one third of voting members are present.
    5. will have members who may serve for up to two years and be eligible for re-election or re-selection.
    6. will co opt whomsoever they see fit in an acting capacity until the next Open Meeting to replace members who have resigned or otherwise become unable to carry out their duties on the Committee or where vacancies on the Committee remain after the Annual Open Meeting.
    7. shall not have its decisions invalidated by any vacancy among their number or by any failure to appointment or any defect in the appointment or qualification of a member.
    8. may appoint and remunerate part time paid staff.
    9. may appoint from amongst themselves additional officers.
    10. will give the community representatives specialised or general portfolios.
    11. may appoint one or more Sub-committees consisting of three or more members of the Committee for the purpose of making any enquiry or supervising or performing any function or duty which in the opinion of the Committee would be more conveniently undertaken or carried out by a Sub-committee: provided that all acts and proceedings of any such Sub-committees shall be fully and promptly reported to the Committee.
    12. may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
    13. will decide arrangements for the Annual Open Meeting.
  3. Receipts and expenditure
    1. The funds of the Committee, including all donations, contributions and bequests, shall be paid into an account operated by the Committee in the name of the Committee at such bank as the Committee shall from time to time decide.
    2. All cheques drawn on the account must be signed by two members of the Committee from a panel of agreed signatories.
    3. All funds belonging to the Committee shall be applied only in furthering the objects provided that nothing herein contained shall prevent:
      • The repayment to members of the Committee or of any Sub-committee appointed under Clause 7.8 of reasonable out-of-pocket expenses previously agreed.
      • The Committee being entitled to effect policies of indemnity insurance to cover the liability of the Committee.
  4. Accounts
    1. The Committee shall:
      • keep proper accounting records.
      • prepare annual statements of account.
      • ensure independent examination of the statements of account of the Committee.
      • each year an audited copy of accounts be submitted to the Council as required.
  5. Annual Open Meeting
    1. There shall be an Annual Open Meeting of the Committee which shall be held in the month of February in each year or as soon as practicable thereafter.
    2. Every Annual Open Meeting shall be called by the Committee and be open to the general public. The Secretary shall give at least 28 days’ notice of the Annual Open Meeting to the general public.
    3. Before any business is transacted at the Annual Open Meeting, the persons present shall appoint a chairman of the meeting.
    4. The Committee shall present to each Annual Open Meeting the reports and audited accounts of the Committee for the preceding year.
    5. The Secretary or other person specially appointed by the Committee shall keep a full record of proceedings at every Open Meeting of the Committee.
    6. Submissions for election to the 10 community representative positions on the Committee must be made in writing and must be in the hands of the Secretary of the Committee at least 21 days before the Annual Open Meeting. Should nominations exceed vacancies, election shall be by ballot.
    7. The Committee may call a Special Open Meeting at any time. If at least 10 members of the public request such a meeting in writing stating the business to be considered, the Secretary shall call such a meeting. At least 28 days notice must be given. The notice must state the business to be discussed.
    8. Eligibility to vote at the Annual General Meeting will be open to anyone resident in the local wards of Clapham Common, Clapham Town, Balham, Northcote and Shaftesbury or members of user groups recognised by the Committee. Before or after such a vote the resolution should have the agreement of the Borough Solicitor who shall also consent to any dissolution under Clause (12.1).
  6. Notices
    1. Arrangements for informing the public of meetings will be decided by the Committee.
  7. Alterations to the Constitution
    1. Subject to the following provisions of this clause, the Constitution may be altered by a resolution passed by not less than two thirds of individuals present and voting at an Open Meeting. The notice of the Open Meeting must include notice of the resolution, setting out the terms of the alteration proposed.
  8. Dissolution
    1. If the Committee decides that it is necessary or advisable to dissolve the Committee it shall call an Open Meeting of the public, of which not less than 28 days’ notice by means to be determined (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting, the Committee shall have power to realise any assets held by or on behalf of the Committee. 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 objects similar to the objects of the Committee as the Committee may determine or failing that shall be applied to some other charitable purpose. A copy of the statement of accounts or account and statement, for the final accounting period of the Committee must be sent to Lambeth Council.