SHARP Constitution

 

 CONSTITUTION

 1. The Association shall be known as the Staff of the Health Service Executive (Cork and Kerry) Association for the Relief of Poverty (S.H.A.R.P.), hereinafter referred to as the Association in this Constitution.

2. The main aims of the Association shall be: 

In memory of those who suffered and died in the Irish Famine, to seek to relieve poverty and suffering both in Ireland and abroad by the grant of Financial Assistance to Charitable Bodies regarded as being established for charitable purposes only within the meaning of Section 207 of the Taxes Consolidation Act 1997 and by direct contributions to individual projects benefiting the needy where clear need and accountability have been established.

3. Collection of Funds

With the consent and cooperation of the Health Service Executive (HSE) South’s management, members may contribute a regular agreed sum by way of deduction from their pay for such period as they wish.

 4. Membership

 Current and retired staff of the HSE South, employed in the functional area of the former Southern Health Board (SHB) and retired former SHB staff contributing to this fund shall be deemed to be members of the Association.

5. Payment of Funds

 Funds may only be paid out in the manner approved by the Constitution. 

 Funds shall be apportioned as follows each year:

Minimum of 85% for the relief and prevention of famine overseas and

Maximum of 15% for the relief of poverty and suffering in Ireland.

 In the first year of the existence of the fund, not more than 5% towards projects commemorating those who died in the Irish Famine.  Funds apportioned may be allowed to accumulate for a period of not more than two years before payment must be made for specific projects as decided by the Management Committee.  In making payment to any agency or charitable organisation, the Association must be assured that no part of the money being paid by the members is being used for administrative expenses of the agency being assisted.  Submissions for projected use of the funds to be donated must:

(a) Clearly identify the purpose for which the funds are to be used. 

(b) Include an undertaking to provide confirmation and evidence that the funds have been used for the purpose approved.

6.  Income and Property 

 The income and property of the Association, whencesoever derived, shall be applied solely towards the promotion of the main objects of the association as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the Association.

No officer appointed to any office of the body shall be paid by salary or fees.  No member of the Association, including Committee members, may be paid any sum or receive any benefit from the funds of the Association for any reason whatsoever.

Information on payments from the fund shall be freely available to members both by way of circulated information, and on request.

7. Keeping of Accounts         

Annual audited accounts shall be kept and made available to the Revenue Commissioners on request.

8. Inaugural General Meeting

There shall be an inaugural meeting of members for the following purposes:

(a)      Election of officers and committee members as specified in Article 9.

(b)      Considering and approving the draft constitution.

9. Annual General Meeting

 There shall be a General Meeting of members once yearly, the date and time to be decided by the management committee, for the purpose of:-

 (a)      Electing a Chairman and Vice-Chairman who will also be Chairman and Vice-Chairman of the management committee.

 (b)      Electing four (4) other persons to the management committee.

 (c)      Approving auditors report and annual account for expenditure during the previous year.

 (d)      Approving of the appointment of auditors for the forthcoming year.

 At least 1 in 4 of these meetings may be held in Kerry.

The Chairman shall have the authority to convene an extraordinary general meeting of the members; or must convene such meeting at the written request of not less than thirty (30) members.  Seven clear days notice of general meetings must be given.

10. Management Committee

 (a)      There shall be a committee consisting of eight persons, six of whom shall be elected by Ballot (Single non-transferable vote) at the Annual General Meeting. 

 (b)      The Regional Director of Operations of the Health Service Executive South shall be entitled to appoint two members to the management committee on an annual basis.

(c)       No member of the committee shall serve more than five successive  years, but may thereafter resume membership after a lapse of one  year.

(d)      In the event of insufficient nominations for election to membership of the Management Committee, Article 10(c) of the Constitution may be suspended to allow outgoing members, whose term has elapsed, to serve for a maximum period of one further year.

(e)      The function of the committee shall be to ensure the implementation of the policies of the Association, including the proper management of funds, and to conduct generally the affairs of the Association.

(f)       The Committee shall have the authority to approve of applications for funding from charitable organisations, subject to the conditions set out elsewhere in the Constitution and in the rules for the conduct of business and approval of payments set out in the Appendix attached hereto, which forms part of the Constitution.

 (g)      If a vacancy arises on the Management Committee, the Committee shall co-opt a replacement within one month of the vacancy arising.  The Regional Director of Operations of the Health Service Executive South’s nominees are exempt from this requirement.

 Alterations or Amendments

No amendment to the Constitution may be made without due notice to all members of the proposed amendment; and without a two thirds majority of those members present and voting at an annual or extraordinary general meeting being in favour.

No addition, alteration or amendment shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the Revenue Commissioners.

12.  Winding-Up

If upon the winding up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association but shall be given or transferred to some other charitable institution or institutions having main objects similar to the main objects of the Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as imposed on the Association under or by virtue of Clause 5 hereof, such institution or institutions to be determined by the members of the Association at or before the time of dissolution, and if, and so far as effect cannot be given to such provisions, then to some charitable object.

 

Appendix to the Constitution

 

STAFF OF THE HEALTH SERVICE EXECUTIVE (CORK AND KERRY) ASSOCIATION FOR THE RELIEF OF POVERTY(SHARP)

Management Committee

Rules for the conduct of business and the disbursement of funds

1. Election of Officers

The Committee shall elect from among their membership a secretary and treasurer.

2. Duties of Officers

“The Chairperson shall perform his/her duties in accordance with the guidance set out in the document ‘Role of the Chairperson of a Charity’, issued by the Charities Regulator under section 14(1)(i) of the Charities Act 2009.”

 The secretary of the Committee shall keep a clear record of decisions at meetings and deal with all correspondence arising from the business of the Association.

The treasurer shall keep a good and proper record of all financial transactions of the Association and shall present these on request, to the duly appointed auditors.  (S)he shall also make the financial statements of the Association available on request to any person with a legitimate interest in these, including any member of the Association.  (S)he shall promptly and properly make disbursements from the funds of the Association, in accordance with the recorded decisions of the management committee.  (S)he shall prepare a summary of all transactions for the A.G.M. of the Association.  Withdrawals from the fund shall require the signatures of two (2) nominated officers.

3. Meetings

The Committee may decide to meet as often as is necessary to deal with business on hand, but not less frequently than twice during each year.

4. Quorum

 A minimum of four (4) members present within fifteen minutes after the appointed time of the meeting shall constitute a quorum.  If after such time, a quorum is not present, the business shall stand postponed to the next meeting. 

5. Notice of Meetings

At least seven clear days before each meeting, the secretary or chairman shall provide written notice of the intention to hold such meeting specifying: the venue, date and time of the meeting and appending an agenda specifying the intended business of the meeting, including details of organisations/persons to whom it is intended to make payment of a grant.

6. Absence from Meetings

In the event of absence from a meeting, all committee members must be notified of decisions taken to make payment from the funds of the Association.

7. Casting Vote

In the event of an equality of votes on any decision, the chairman shall have a casting vote.

8. Declaration of Interest

A committee member shall declare membership of any organisation under consideration for funding and shall not participate or vote in any decision in relation to such funding.

 

                                        Signature                                   Date

 

Chairperson:

 

Secretary: