RULES AND CONSTITUTION
RULES
1. These rules are made under the constitution of the West Pymble Parents and Citizens Association Incorporated.
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2. The association is formed for the benefit of the pupils of the school and to that end it will:
(a) participate as much as possible in the activities of the school and communicate with all members of the school community.
(b) co-operate in the activities of the Federation of Parents and Citizens Associations of New South Wales and District and Regional Councils; and
(c) do such other things as may promote the interests of public education.
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3. The financial year of the association shall close on 31 December each year.
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4. The annual general meeting of the association shall be held in November of each year. The agenda of the annual general meeting shall include:
(a) approving the amount and purpose of the proposed donations to the school for the year ahead (see also Rule 12 below);
(b) approving the association's budget for the year ahead;
(c) election of office bearers (subject to the restriction that no person may serve more than three (3) consecutive years in the same office); and
(d) presentation of the audited accounts of the association.
Immediately following the election of the office bearers, the annual general meeting will be adjourned until the following February and the adjourned annual general meeting will be held in conjunction with and preceding the ordinary general meeting for February.
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5. A general meeting of the association will be held at least once each school term on Monday nights starting at 7.30pm. The Executive Committee will meet at 7pm prior to each ordinary general meeting (or at any other time agreed by the Executive Committee). At the end of each year, the Executive Committee will consult with the Principal and set the following years' dates for the adjourned annual general meeting and up to eight (8) ordinary general meetings.
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6. Any person eligible for membership may become a member or renew membership by paying the required membership fee of 50 cents to the Treasurer or nominee of the Treasurer after any general meeting or with their voluntary contributions to the association. Members will only be eligible to vote at a general or annual general meeting if their membership was paid before 3pm on the Friday prior to the meeting. Membership shall remain current until the close of the adjourned annual general meeting. The Secretary will be responsible for maintaining an up-to-date register of members. At a general meeting the quorum shall be in accordance with Rule 10 of the constitution. Where that rule does not specify a number the quorum will be five (5) members. All decisions of the association will be by simple majority of members present at a meeting.
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7. If a meeting for which due notice has been given does not achieve a quorum within 15 minutes of the advertised starting time the Secretary, or in the absence of a Secretary, the President or the remaining members of the Executive Committee must call a further meeting within four (4) weeks (excluding school holidays) to carry on the business of the association.
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8. The President or Secretary, or in their absence the remaining members of the Executive or any five (5) members of the association may call any meeting that is required, giving due notice of the business proposed for the meeting.
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9. All meetings of the association shall be conducted in accordance with the appropriate By-laws of Federation "Standing Orders for the Conduct of All Meetings". The order of business will generally be:
(a) Attendees and apologies
(b) Confirmation of minutes from the previous meeting
(c) Matters arising from the minutes
(d) Correspondence
(e) Principal's report
(f) Treasurer's report
(g) Band report
(h) Unfinished business from the previous meeting
(i) Special agenda items (as notified to members prior to the meeting)
(j) Fundraising and social events
(k) General business
(l) Next meeting date and close.
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10. If any new business item is introduced without prior notice at a meeting, then the President or Secretary may defer that item to the following meeting.
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11. The association will vote on the amount and purpose of its proposed annual donations to the school at the annual general meeting. Proposals for the amount and purpose of these donations must be advertised to the school community at least twice before being voted on at the annual general meeting.
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12. Any motion to change the amount or purpose of any donation by the association to the school must be advertised to the school community at least twice before it is voted on at a meeting of the association.
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13. Any motion to expend association money that has not previously been included in the association's approved budget must be advertised to the school community at least twice before it is voted on at a meeting of the association. This requirement will not apply to expenditure that is:
(a) approved by the Executive Committee; and
(b) no more than five (5) per cent of the association's approved budget income.
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14. If the Executive Committee believes that an issue needs to be dealt with by the association between meetings, then the President or Secretary may circulate a proposed special resolution to all members of the association by electronic mail. The special resolution will be deemed to have been approved by the association within seven days of the date the resolution is circulated if:
(a) the number of members who respond by email or in writing to the Secretary and/or President is at least the number required to achieve a quorum at a general meeting of the association; and
(b) at least 75 per cent of members who respond by email or in writing to the resolution are in favour of the resolution.
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15. The association may elect representatives who will be responsible to the association in the same way that Federation representatives are responsible to the Federation under Section 413 of Federation Policy. The association may decide at the time of election what form of reporting is required.
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16. A general meeting of the association may declare any officer who has been absent for three (3) successive meetings, without cause, to have vacated their position and to have created a casual vacancy to be dealt with by means of Rule 6 of the constitution.i
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17. The association may confer the honour of Life Membership on a member who has made an outstanding contribution to the work of the association. Life Members may attend and speak at meetings but are not entitled to vote or to hold office unless they are also ordinary members in terms of Rule 4 in these rules.
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Rules adopted in November 2009.
STANDARD CONSTITUTION
1. NAME
This body shall be known as the West Pymble Public School Parents and Citizens Association Inc.
2. OBJECTS AND FUNCTIONS
The objects and functions of this association shall be those set out in Section 116 of the Education Act 1990 which include
(i) The objects:
(a) to promote the interests of the school by bringing parents, citizens, students and teaching staff into close co-operation; and
(b) to assist in providing facilities and equipment for the school and in promoting the recreation and welfare of the students at the school.
(ii) The functions:
(a) to report, when requested by the Minister for Education and Training, on the material requirements of the school and to advise on the subject of maintenance of the school, alterations and additions to school facilities, and the selection of new sites;
(b) to assist and co-operate with the teaching staff in public functions associated with the school;
(c) to be responsible for the election of parent representatives to any school council constituted at the school in consultation with the Principal of the school to ensure consistency with any guidelines for elections issued by the Director-General of Education and Training;
(d) to assist in any matters in which the Minister may seek the co-operation of the association and to exercise such other functions as may be prescribed by the regulations (under the Education Act, 1990). The assets and income of the association shall be applied solely to further these objects and functions. No part of the assets and income shall be distributed directly or indirectly to the members of the association except as bona fide compensation for services rendered or expenses incurred on behalf of the association.
3. SCHOOL STAFF
The association shall not exercise any authority over the teaching staff or any matter relating to the control or management of the school. School staff may become members of the association. The Principal of the school, or the Principal's nominee, shall be a member, ex-officio, of the association and all its committees.
4. MEMBERSHIP
Membership will be open to all parents of pupils attending the school and to all citizens within the school community. The association shall maintain a register of members. A person whose name appears in the register and who has paid the annual subscription shall be a member of the association. The register shall be updated after each general meeting by the Secretary or the Secretary's nominee. If the name of a person has been omitted from the register when that person is otherwise entitled to be a member and their name should have been recorded in the register, then that person shall be a member of the association.
5. OFFICE BEARERS
(a) The Executive Committee, which shall be constituted of the officers of the association and up to six other members shall carry out the decisions of the association. Members of the Executive Committee shall not receive any remuneration or other material benefit by reason of their position in the association. A member of the Executive Committee may be removed from office by resolution of the association carried at a properly convened general meeting or special meeting, providing at least seven days' notice has been given to members.
(b) The officers shall consist of President, two Vice Presidents, Treasurer and Secretary, and shall be elected at the annual general meeting.
(c) The President shall preside at all meetings except that, in the absence of the President, one of the Vice-Presidents shall preside and, in the absence of the President and Vice Presidents, the Committee shall elect a Chairperson.
(d) The Secretary shall attend meetings and keep a record of all business conducted. On relinquishing office the Secretary shall hand over records, minutes, account books, etc. to the incoming Secretary.
(e) The Treasurer shall receive and deposit monies, maintain records, draw cheques and present accounts to each general meeting, present all records for auditing each year and shall hand over all records to the incoming Treasurer on relinquishing office. The requirements for handling money, keeping records, etc, in the School Manual on Financial Management shall be followed. Should it be necessary during the unavoidable absence of the Treasurer, another officer of the association may receive any monies, issue receipts and either deposit the monies in an association account or hand the monies to the Treasurer within two business days, taking a receipt for same.
6. CASUAL VACANCIES
Any casual vacancy on the Executive shall be filled by a ballot of the members of the association at any general meeting. A casual vacancy shall have arisen where a member of the executive committee:
(a) dies;
(b) resigns from the committee by notice in writing;
(c) ceases to be a member of the association;
(d) is removed under clause 5(a); or
(e) has a continuing and long-term incapacity to fulfill the functions of the position.
7. ANNUAL GENERAL MEETING
An annual general meeting shall be held once each calendar year at a date specified in the rules. At this meeting all officer and other positions will become vacant and then be filled by nomination and, where necessary, by ballot of members. All nominees shall be members of the association. The audited balance sheet and annual report will be presented. An auditor for the ensuing year who is not an officer of the association shall be appointed.
8. GENERAL MEETINGS
A general meeting shall be held at least once during each school term.
9. SPECIAL MEETINGS
A special meeting shall be called by the Secretary at any time upon written request signed by at least 10 members or on the authority of the Executive Committee. The special meeting shall be held within one month of the date the Secretary receives the request or is given the authority. Members shall be given at least seven days' notice of the meeting which notice shall also state the business of the meeting.
10. QUORUM
Where the association has a current membership of 50 or more, the quorum at all meetings of that association shall be 11 members. Where the association has a current membership of less than 50, the quorum shall be set according to the rules of the association but shall not be less than five.
11. SUBSCRIPTIONS
The annual subscription shall be set by the rules but shall not be less than 50 cents.
12. SUBCOMMITTEES
The association may establish subcommittees, however styled, to carry out specific functions on its behalf. Any subcommittees that are established shall report regularly at meetings of the association and follow any directions received from the association. The association may dissolve a subcommittee at any time. Any funds raised or handled by a subcommittee shall be, for all purposes, funds of the association.
13. DISSOLUTION
(a) The association may be dissolved in terms of a resolution carried at a General Meeting or a Special Meeting of members, providing at least seven days' notice has been given to members and subject to the concurrence of the Minister for Education and Training, or otherwise at the Minister's discretion.
(b) The association shall be dissolved if the number of members falls below the quorum or the school to which the association is attached is closed.
(c) Where the association is dissolved minute books, audited accounts and other records, together with the residue of funds, shall be given to a kindred organisation or the Department of Education as determined by a resolution of members. The transmission shall occur within two months of the dissolution and only after the books of account have been audited as provided under Clause 15.
(d) Where the association is dissolved, assets and funds on hand after payment of all expenses and liabilities shall not be paid to or distributed among the members.
14. RULE-MAKING POWER
The association shall make such rules as are required to carry out its functions. The rules shall not contravene the terms of this constitution or the Education Act, 1990. The rules may be adopted, altered or withdrawn according to a simple majority vote at any meeting of the association for which a month's notice has been given. Such notice shall include details of the proposed changes. The rules shall provide for the procedure to be followed:
(a) at meetings of the association;
(b) to convene a substitute meeting when a quorum is not attained at a meeting; and
(c) in making an application for membership.
15. ACCOUNTS
The funds of the association shall be banked in the name of the association with any institution holding trustee status within the meaning of the Trustee Act, 1925, provided interest is allowed on the balance. The account shall be operated by two or more officers of the association delegated in that behalf by the association. No commitment shall be entered into for the expenditure of association funds, except by resolution of a meeting of the association. The association must make such financial reports about its affairs (including reports of its auditors) as are required by its rules or by the Minister for Education and Training.