Hertfordshire Rules

* denotes a mandatory rule

TITLE

1. That this Association shall be called the Hertfordshire Association.

AFFILIATION

2. This Association shall be an Association of the National Union of Teachers and all Rules of the National Union of Teachers shall be binding upon all members of this Association.

OBJECTS

3. The objects of the Association are:-

a) To secure direct representation on behalf of all the members of the Union in the Association on all appropriate Committees and bodies of the employing Authority.

b) To secure direct representation on behalf of all members of the Union in the Association of those Committees or bodies where negotiations of a collective nature are conducted.

c) To secure by way of appropriate procedures with the employing Authority the right whereby the Division shall have the sole responsibility for communicating the general views and representing the collective interests of the Union members in the Association.

d) To be solely responsible for negotiating on behalf of the members of the Union in the Association with the employing Authority on all matters affecting the professional work and conditions of service of members.

e) To be solely responsible for negotiating on behalf of the members of the Union in the Association with the employing Authority those agreements necessitated as a result of or caused by an Act of Parliament or Statutory Instrument.

f) To be solely responsible for negotiating on behalf of the members of the Union in the Association such agreements initiated by or at the behest of the National Executive of the

Union.

g) To ensure that all members of the Association are kept fully informed of negotiations conducted on their behalf.

h) To secure and develop general co-ordination of the Union’s work throughout the Association by means of organising and co-ordinating such meetings of members of the Union in the Association when the Executive Committee of the Association deems the calling of such meetings necessary.

i) To secure the membership of the Union of all teachers employed by the Authority.

j) To organise publicity meetings for the consideration of educational topics, and promoting the policies of the Union.

k) To render aid to the Executive of the National Union of Teachers in dealing with cases of difficulty which may arise in connection with the professional work of any member of the Association, provided that no action in any such case shall be taken unless, and until, the special authorization of the Executive has been received by the Committee of the Association.

l) To influence by every legitimate means public opinion within the Association area on topics affecting and relating to the work of the education service, to advise on such topics all those bodies which have directly or indirectly the control of educational affairs and to persuade them to such decision as will make for improvement in education. To watch closely the action of public bodies on educational and related questions, particularly the actions of Government Departments, Local Authorities’ Education Committees and bodies entrusted with the allocation of funds for such purposes; and after due consideration to advise and be advised by members on points of professional interest.

m) To promote the welfare of the charitable funds of the National Union of Teachers.

n) To purchase, lease, exchange or otherwise acquire any real and personal property, to construct alter and maintain any buildings required for the purpose of the Association, and to sell, improve, develop, lease, mortgage or otherwise deal with all or any part of the property in the Association.

MEMBERSHIP

4. Any teacher eligible for admission under the general Rules of the Union shall have a right to membership of this Association.

SUBSCRIPTION

5. a) The annual subscription of every member shall be such subscription as is payable to the National Union of Teachers under its Rules and Membership Regulations for the time being and, in addition, a local subscription for the Association, as shall be determined at each Annual General Meeting.

b) Every member shall pay such further sum as the Association may require for the purpose of meeting any levy made by the Executive under the provisions of Rule 43 of the National Union.

c) All subscriptions shall be due and payable on 1st January of each year.

OFFICERS AND COMMITTEE

6. a) The management of the Association shall be vested in the Officers and Committee.

b) The Officers of the Association shall be the President, Vice-President, Ex-President, Secretary, Deputy Secretary, Treasurer, Assistant Treasurer, Equalities Officer, Membership and Communications Officer, Health and Safety Adviser, Press and Media Officer, Young Teacher Officer, Conference Secretary, Retired Teachers’ Officer, Minuting Secretary and Learning Representative.

c) All officers except the President and ex-President shall be elected at each Annual General Meeting in accordance with Rule 7.

d) The Vice-President of one year shall be President in the succeeding year.

e) The Committee shall consist of ten members elected in accordance with Rule 7, and in addition the following co-opted members

i) The Secretary (or Chairperson) of such Sections as may be formed under Rule 10.

ii) Any member of the Association who may be a member of the Executive of the Union.

f) All vacancies in the Officers or Committee occurring during the year shall be filled by the Committee until the next Annual General Meeting.

ELECTION OF OFFICERS AND COMMITTEES

7*. Nominations for the Officers as listed in model rule 6(b) (other than the president and ex-president) and the elected Committee Members in Rule 6(e) shall be made in writing, signed by the proposer and seconder and endorsed by the nominee and shall reach the Association Secretary not later than 31st January.

Voting papers shall be issued to members not less than fourteen days before the latest date named for the close of the poll. The President for the time being shall act as Returning Officer and the voting papers shall be returned so as to reach him/her at least ten days before the Annual General Meeting. The votes shall be counted by Scrutineers appointed at the previous Annual General Meeting. The results of the election shall be declared at the Annual General Meeting. An election conducted as above shall not be rendered invalid by the failure of any member to receive or to return a voting paper.

ELECTION OF CONFERENCE REPRESENTATIVES

8*. Excepting those Officers of the Local Association normally nominated by office as representatives to Conference, all other representatives as per the entitlement listed in accord with Rule 27(a) of the National Union shall be elected in the Local Association in accord with the provisions set out in the preceding Rule 7.

TRUSTEES

9. a) Four persons shall be appointed as trustees at a General Meeting of the Association. Each of the persons appointed must have been a member of the Union for at least seven years immediately preceding the date of appointment. No employee of the Union or of the Association may be a trustee.

Each person appointed to hold office until such time as his or her trusteeship shall be terminated in accordance with the provisions of this Rule.

b) When the number of the trustees is reduced to two, it shall be the duty of the Association at a General Meeting to fill the vacancies forthwith provided always that any business involving the appointment of a trustee shall not be transacted unless notice in writing of such business shall have been sent to every member of the Association at least seven days before the Meeting at which this business is to be transacted. A vacancy in the office of trustee may be filled by a majority of those present and voting at such General Meeting.

c) The trusteeship of any person holding the office shall be ipso facto determined if he/she becomes bankrupt or insolvent or if he/she has allowed his/her membership of the Union to lapse.

d) It shall be within the power of the Association in General Meeting to determine the trusteeship of any person by a resolution which will not be declared carried unless at least two thirds of the members present vote in its favour. Notice of such motion must be sent in writing to every member of the Association at least seven days before the Meeting in which such motion is to be proposed.

e) The trustees shall be indemnified against risk and expense which has been lawfully incurred out of the trust property or by the Association.

f) The title to all real or personal property which may be acquired by or on behalf of the Association shall be vested either in a corporation lawfully entitled to act as custodian trustee or in the trustees for the time being (being not less than two) of the Association appointed under this Rule.

SECTIONS

10. The Committee shall have power to form such sections as a General Meeting may deem desirable, such sections to be within the Aims and Objects of the Union and answerable to the Committee of the Association.

MEETINGS

11. The Annual General Meeting of the Association shall be held in March.

12*. At least three ordinary General Meetings of the Association shall be held during the year and such additional General Meetings as the Committee may deem desirable.

13*. (a) The quorum for all General Meetings and Special Meetings shall be twelve.

(b) The quorum for Committee meetings shall be eight.

If no quorum be present, the Chairperson shall declare the Meeting closed.

14. At least ten days before the date of a General Meeting, information shall be sent by the Secretary to the members of the Association stating the time and place of the Meeting, together with the Agenda of the business as it shall have been arranged by the Committee.

15. All motions received by the Secretary at least fifteen days before a General Meeting is held, shall be included in the Agenda, but the Committee shall have power to determine the order on the Agenda Paper, excepting always that business deferred from a previous Meeting shall take precedence over all other.

16. a) The order of business at the Annual General Meeting shall be:-

i) Minutes of the last Annual General Meeting

ii) Correspondence

iii) Reports and Statement of Account

iv) Installation of new President

v) Declaration of the results of the election of Officers and Committee.

vi) Appointment of Scrutineers.

vii) Motions on which proper notice has been given to the Secretary

viii) Discussion of matters declared urgent by the Meeting

b) A Special Meeting shall be summoned at any time by the Secretary on the instructions of the Committee or within twenty-one days of the receipt of a written requisition stating the purpose for which the Meeting is summoned and signed by not less than six members. No business other than that stated by the Committee or in the requisition shall be transacted at a Special Meeting.

INDUSTRIAL ACTION HARDSHIP FUND

17. a) The Association may, by a decision made at a quorate general meeting of the Association, establish a fund to be known as the Industrial Action Hardship Fund of the Hertfordshire Association.

b) Any such fund shall be established and maintained by the allocation to the fund of such sum derived from the total of local subscriptions received, as the Officers and Committee of the Association may from time to time decide. The Officers of the Association shall take such steps as may be necessary to inform the members of the Association of the sums allocated to the fund and shall satisfy any requests made by any member of the Association for information relating to sums allocated to the fund as they may arise.

c) Grants may be made from the Industrial Action Hardship Fund, subject to the following rules, to any member of the Association who has suffered or is considered likely to suffer hardship as a result of his or her participation in industrial action authorized under Rule 8 of the Rules of the National Union which is not sustained by the National Union under Appendix IV to the National Rules.

d) For the purposes of this rule “hardship” shall mean any adverse financial consequences suffered or likely to be suffered by the member or by any dependent member of his or her family which is significantly greater than that faced by the generality of members as a result of loss of emoluments or other benefits of employment.

e) Members seeking grants from the Industrial Action Hardship Fund may apply by doing so in writing to the Secretary of the Association setting out the circumstances in which the application is made and the extent of the hardship suffered or likely to be suffered. Forms may be provided for the purpose at the discretion of the Officers and Committee. Applications shall be considered and determined by the Officers and Committee of the Association who may delegate this responsibility to a sub-committee formed for the purpose, made up of at least five members of the Officers and Committee group including the President, the Secretary and the Treasurer.

f) Grants made from the hardship fund shall not exceed such sum as may be necessary to alleviate the hardship suffered or likely to be suffered up to a maximum equivalent to the loss of emoluments (together with the value of any other benefits) suffered by the member.

g) Personal information relating to any applicant for grant under these rules and/or to his/her dependents shall remain confidential to those persons responsible for consideration of applications save that they may be required to provide information relating to the circumstances in which a grant has been approved to the Association’s Auditors or in response to any enquiry made by the National Union in relation to the Statement of Account of the Association submitted under Rule 19.

h) It shall be the responsibility of the Association to ensure compliance with the requirements of Data Protection legislation for the time being in force. Subject to the provisions as to confidentiality of information relating to individuals set out in paragraph (d) above, the provisions of Rules 19 to 22 shall apply to the Industrial Action Hardship Fund of the Association as they apply to the finances of the Association generally.

ALTERATION OF RULES

18. No alteration of or addition to any rule shall be made except at the Annual General Meeting or at a Special Meeting convened for the purpose. Notice of any proposed alteration must be sent to the Secretary at least one month prior to the date of the Annual General or Special Meeting.

FINANCE

19.* The financial affairs of the Associations and Divisions shall be conducted in accordance with the Finance Regulations within the NUT Treasurer’s handbook.

20.* Changes to the Finance Regulations are to be approved by the Executive.

21.* The Association’s financial year shall end on 31 December and at that date or such other dates as shall be required by the Executive of the Union, the Association shall prepare and submit to the General Secretary a Statement of Account of the Association in the form and manner required by the Executive and in compliance with the requirements of the Certification Officer for Trade Unions and Employers’ Associations.

22.* The accounts of the Association shall be audited on behalf of the members of the Association either by two lay Auditors who shall be appointed annually at a General Meeting and who shall not be Officers or members of the Committee, or by a Professional Auditor appointed by the Association. The Auditor(s) shall be required to carry out their duties in accordance with the requirement of the Auditors appointed by the Executive of the Union under Rule 50(a) of the National Union.

23.* The statement of Account prepared and audited under Rules 19 and 20 shall be presented to the Annual General Meeting of the Association.

24.* All banks, building societies and/ or other accounts should be in the name of the Association and withdrawals from the account shall require the signatures of or authorisation of an electronic payment by at least two of the following four officers: Secretary, Treasurer, Assistant Treasurer and Conference Secretary. A signatory should not sign their own cheque or authorise their own electronic payment unless a second who is not connected (as a spouse or civil partner; a relative, or relative of a spouse or civil partner) to the first signatory also signs or authorises the payment.

SCHOOL REPRESENTATIVES

25.* The Association shall take such steps as may be necessary to establish that for each school or unattached unit in its area, there is an accredited Union representative. In particular, these steps shall include those set out in a) to f) below.

a) The procedure for the election of the Union representative shall be subject to the approval of the Committee of the local Association.

b) The Union representative shall be elected annually by all the members in the school.

c) The Association shall bear responsibility for granting accreditation and shall issue accreditation documents stating the group of members represented.

d) The Association may approve the election of one or more deputy Union representatives for a given school.

e) The Association will notify the employing Authority and relevant head teacher of the names of its accredited representatives and of their authority and responsibilities.

f) The Association will advise its accredited school representatives that their authority and responsibilities include:-

i) the direct recruitment of members of staff;

ii) the dissemination of both local and national information from the Union to members in the school;

iii) calling meetings of Union members within the school as and when required;

iv) handling the initial stages of individual grievances of members;

v) responsibility for consultation within the school, and negotiation on those issues where the school had discretion regarding implementation of agreements between the division and the Local Authority on matters of collective interest to members in that school;

vi) responsibility for ensuring that all agreements between the Union and the employers, both local and national, to which the Union is a party, are observed within the school.

PRODUCTION OF ANNUAL REPORT

26. The Association shall produce an Annual Report on the activities of the Association and shall distribute this Report to all members in the Association area and submit it to Headquarters.

INTERPRETATION OF RULES

27. In the event of any question arising as to the interpretation of any of the Association Rules, the question shall be referred to the Committee, whose decision shall be conclusive and binding upon members.

President: S. Makinde (Signed)

Date: 22 May 2014

Secretary: R. Levy (Signed)

Date: 22 May 2014

STANDING ORDERS OF THE HERTFORDSHIRE ASSOCIATION.

* denotes a mandatory Standing Order

1. The proposer of a motion or an amendment shall be allowed ten minutes for his/her speech.

2. Each succeeding speaker shall be allowed five minutes. When an extension of time is allowed to a speaker, such extension shall be for not more than five minutes at a time.

3. All amendments to a motion shall be submitted to the Chairperson in writing, with the name of the mover attached.

4. Whenever an amendment is made upon any motion, no second amendment shall be taken into consideration until the first amendment is disposed of. If that amendment be carried, it shall then be put as a substantive motion, upon which a further amendment may be moved to the original question; but only one amendment shall be submitted for discussion at one time. “The previous Question” is for all purposes of order dealt with as an amendment, except that it shall have precedence over all other amendments.

5. The decision of the Chairperson on any point shall be final. If any decision be challenged it must be done at the next meeting, due notice having been given at the time the decision of the Chairperson was called to question.

6. The mover of the original motion shall have, in addition to the general privileges of debate, the right of reply upon the original motion or upon one amendment, and the mover of an amendment which has become the substantive motion shall have a similar right of reply. The right of reply shall be exercised only after the closure has been applied and subsequently no further debate shall be allowed on the question. No member shall speak more than once on the same motion or amendment except in the exercise of this right of reply and no new matter shall be introduced by the mover in reply.

7. Any debate may be closed by a motion “That the question now be put” being moved, seconded and carried, such motion to be put to the meeting without debate; but no speech shall be interrupted for the purpose of proposing such a motion. No division shall be taken on such a motion. Where any amendment is under discussion the motion shall apply only to that amendment, and shall not be taken on the main question until all amendments have been disposed of, unless the Chairperson is of the opinion that the time has come when the main question may fairly be put.

8. No resolution passed at a previous meeting may be rescinded unless full notice of the rescinding motion has been given and placed upon Agenda calling the meeting, signed by the member who proposes to rescind and 6 other members. When such a motion has been disposed of it shall not be competent to renew the motion within a period of 12 months.

9. When the Chairperson rises to speak, members shall immediately take their seats.

10. Every motion shall be put to the vote by a show of hands and no division shall be taken unless the vote be challenged and supported by 6 members rising in their places.

11. Members only shall have the right to take part in any division on a question.

12. A motion to suspend Standing Orders shall be given in writing prior to the meeting, signed by at least 6 members. The motion to suspend Standing Orders shall be put to the vote after it has been moved and formally seconded and not more than one speech made in opposition. Should such a motion be defeated, no second motion to suspend Standing Orders for the purpose of discussing the same subject shall be permitted. The Standing Orders may not be suspended unless a two-thirds majority of the members present be obtained.

13. Procedures governing the conduct of a debate shall, unless otherwise specified in the Rules or Standing Orders, be the same as those currently specified in the Standing Orders governing debates at Annual Conference of the Union.

President: S. Makinde (Signed)

Date: 22 May 2014

Secretary: R. Levy (Signed)

Date: 22 May 2014

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