Keeping the Committee on track
Members of Committee
The Committee of Management of the Pleasure Grounds (“the Committee”) shall consist of a minimum of 6 and a maximum of 11 elected members.
The Committee shall elect a chairperson (“the chair”) who shall serve for a period of 5 years.
Election of Members
The Members of the Committee shall be elected at an annual general meeting. Members so elected shall serve for a period of 3 years following which they will be eligible to be re-elected provided always that the chair shall not fall to be re-elected during his / her term of office. No members shall serve for a period in excess of 9 years other than the chair who will not be required to demit office until completion of his / her term as chair.
Nominations of Members
Nominations for re-elections and elections shall be made in writing to the Secretaries not more than 28 days and not less than 14 clear days before the date of the AGM at which the election is to take place. Nominees must be Feuars (or a nominated representative of Feuars) and must be nominated and seconded by two Feuars. Only one nominee, one proposer and one seconder permitted for each separately eligible property. Nominees should set out their particular interest in the management of the Pleasure Grounds and of the particular attributes which they can bring to the Committee.
Co-option of Members
The Committee shall have power to (a) co-opt a member to replace any member who demits office during the year and (b) to co-opt an individual who has particular expertise which the Committee considers will be of assistance in the performance of its functions. Such co-opted individuals may serve until the next following annual general meeting.
Committee of Management Meetings
The members of the Committee shall meet together regularly throughout the year to address the management of the Pleasure Grounds and may adjourn and otherwise regulate their meetings as they see fit. Five members shall constitute a quorum at any such properly convened meeting. Questions arising at any meetings shall be determined by a simple majority of votes. Co-opted members will not have a vote. In case of equality of votes the chair shall have a second or casting vote.
Attendance of Meetings
It is acknowledged that the members may be unable to attend every Committee meeting but there is a minimum attendance that is reasonably expected. Termination of membership of the committee may be considered if a member is absent, without a good reason in the opinion of the Committee, for more than three consecutive meetings, but only if the Committee of Management resolves to remove them.
Notice of Committee Meetings
Notice of Committee meetings shall be given to all serving members and shall be deemed to be duly given if given to him / her personally or by word of mouth or sent in writing by letter or by electronic communication.
A properly convened meeting at which a quorum is present shall be competent to exercise all or any of the authority, powers and discretions of the Committee.
Resolution in Writing
A resolution in writing signed by all of the members entitled to receive notice of a meeting shall be as effective for all purposes as a resolution of the members passed at a meeting duly convened and held and may consist of several documents which may be on either paper or in electronic format and in similar form, each signed by one or more members.
Convenors and Committees
Each Committee member will be appointed as a convener with specific responsibilities. The Committee may delegate any of its powers to committees consisting of such member or members of the body as they see fit.
Exercise of Responsibilities
All conveners and committees shall in the exercise of the powers delegated to them conform to any mode of proceedings and regulations which may be prescribed by the Committee.
Minutes of Proceedings
The Committee shall cause minutes to be made of the following matters, namely:-
- of all appointments of conveners and of committees made;
- of the names of members present at every meeting of the Committee and all business transacted at such meetings; and
- of all orders, resolutions and proceedings of all meetings of the Committee.
Any such minute purporting to be signed by the chair of the meeting at which the proceedings were held or by the chair of the next succeeding meeting shall be prima facie evidence of the matter stated in such minutes without any further proof.
Defective Appointment of Members not to Invalidate the Acts
All acts done by a meeting of the Committee or by any person acting as a member shall notwithstanding that it be afterwards discovered that there was some defect in the appointment of any person or persons acting as aforesaid or that they or any of them were or was disqualified from holding office or not entitled to vote be as valid as if every such person had been duly appointed, duly qualified and had continued to be a member.
Sub-committees are set up as and when the committee considers it appropriate. Sub-committees currently in existence are Traffic and Gardens. Feuars may be invited by the main committee to join a sub-committee for their particular expertise.
Meetings of the Feuars
Annual General Meeting
The Committee shall convene an Annual General Meeting (“AGM”) each year, if practical in June, at such time and place as may be determined by the Committee.
General Meetings of the Feuars
All meetings of the Feuars other than the AGM shall be called an Extraordinary General Meeting (“EGM”).
When EGM to be called
The Committee may convene an EGM at any time. Any 50 Feuars shall be entitled to require the Committee to call an EGM. Such requisition shall be made by written notice by them to include their names, signatures and addresses and delivered to the Secretary specifying the resolution or resolutions proposed to be put to the meeting. Only one signatory per eligible property may validly sign such requisition.
Notice of Meetings
The AGM and any EGM shall be called by not less than 21 days’ notice in writing. The notice shall be exclusive of the day on which it is served or deemed to be served and of the day of which the meeting shall specify the place, the day and purpose of meeting and in case of special business the general nature of such business. The notice shall be given to all of the Feuars.
Omission to Send Notice
The accidental omission to send notice to or the non-receipt of any notice by any Feuar shall not invalidate the proceedings at any general meeting.
A Feuar entitled to attend and to vote at any meeting may appoint a proxy to attend and, on a poll, vote in his / her place. A proxy is not entitled to speak at any such meeting and need not be a Feuar. A Feuar appointing a proxy must do so in writing to be lodged with the secretaries not less than 48 hours before the start of the meeting.
Business of an Annual General Meeting
The Business of an AGM shall be to receive and consider the accounts, balance sheet and reports from the Management Committee, to re-elect any members who has completed three years’ service, to elect members in place of those retiring, and to consider any extraordinary expenditure proposed to be incurred.
Proposal of Resolution
Any Feuar may propose a resolution for consideration at the AGM by giving notice to the Secretaries not less than 14 days before the date of the meeting.
Notice of Candidates and Resolutions
A list of candidates, if any, for re-election or election as members of the Committee, plus any resolutions proposed shall be displayed on the notice board at Moray Place Gardens seven days prior to the date of the meeting.
The Quorum for a general meeting shall be 10 or more Feuars present in person or by proxy and entitled to vote.
How Questions to be Decided at a Meeting
At any general meeting a resolution put to the vote of the meeting shall be decided by a show of hands unless (before, or upon the declaration of the result of, the show of hands) a poll be duly demanded by the chair or by a member or members present in person or by proxy representing not less than one tenth of the Feuars in attendance at the Meeting and unless a poll be so demanded a declaration by the chair that the resolution has been carried or lost and an entry to that effect in the book containing the minutes of proceedings of the AGM shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour or against such resolution.
Votes of Feuars
Persons entitled to vote at general meetings shall be Feuars or their authorised representatives.
If two or more persons are joint proprietors of an eligible property having a right to vote, any one of such persons may vote at any meeting, either personally or by proxy as if he / she were solely entitled thereto and if more than one of such joint holders be present at any meeting either personally or by proxy the Feuar whose name stands first on the Register of Feuars as one of the proprietors of such property, and no other, shall be entitled to vote in respect of the same.