Constitution adopted from September 2009
A) Name
The group shall be named as the “East Durham Community First Responders” (E.D.C.F.R.). This group is made up of First Responder schemes based in Easington District, Durham and surrounding areas.
B) Administration
The scheme and its property shall be administered, managed and conduct itself at all times within the boundaries set by the E.D.C.F.R. committee and the North East Ambulance Service (N.E.A.S.).
C) Aims and Objectives
The aim of this group is; The relief of sickness of persons residing in the Easington District, Durham, and the surrounding areas, hereinafter referred to as the area of benefit, in particular but without prejudice to the generality of the foregoing, by responding to cardio-vascular and other medical emergencies, in conjunction with the N.E.A.S.
D) Powers
In order to achieve this aim, the following objectives will need to be carried out:
1. Negotiate training needs with the N.E.A.S.
2. Work in all lawful ways to meet its objectives.
3. Provide training and equipment and any further necessary needs those volunteers may require.
4. Work actively in fundraising to maintain a financially viable scheme.
5. To promote the work of the E.D.C.F.R.
E) Membership Membership is available to anyone, over the age of eighteen (18), interested in furthering the aims and objectives of the scheme, irrespective of nationality, race, ethnic or national origin, sex, colour, disability, or political or religious belief. There will be two levels of membership.
Full Member. A member who has undertaken and passed an Enhanced CRB check (through the N.E.A.S.), the basic training and has completed the four (4) month or two (2) month if already qualified, probationary period, this can include the training. Associated Member. A member, who is either undergoing training, has not completed their probation or someone who does not wish to become a Full member. This member must have at least a Standard CRB check (through the N.E.A.S.) completed, due to confidential information discussed at the meetings.
Only Full Members who have passed a CRB check (through the NEAS) and who are qualified, and have completed to the required level, the training given by the E.D.C.F.R. or the N.E.A.S. may go active.
1 All members must understand and sign the group’s paperwork (The Constitution, the Confidentiality and Privacy Document, the Grievance Procedure and the Disciplinary Procedure) before they can participate in any group activity or meetings. No member may participate in any group activities (on call , meetings, charity activities) unless the groups and NEAS’s paperwork has been signed. Any member who fails to abide by these documents will have deemed to have committed gross misconduct and will have their membership of the group terminated following the discipline and grievance procedure. The N.E.A.S will be notified of this.
2 All Full Members must be trained to the necessary standard by either the E.D.C.F.R. or the N.E.A.S. and present themselves in a professional manner whenever they represent the E.D.C.F.R or the N.E.A.S.
3 The group MAY terminate membership, following the discipline and grievance procedure, but is bound to consult with the N.E.A.S. regarding any person or property deemed unsuitable for the task required.
4 All members agree to attend at least one (1) meeting in a six (6) month period. If they do not then their membership of the group is deemed to have lapsed and we will inform the N.E.A.S. (for Full Members) that they have had their membership revoked.
5 All Full Members must be re-qualified every sixty (60) days. This will be done by either the E.D.C.F.R. or the N.E.A.S. The maximum time of duty allowable without re-qualification is ninety (90) days. After ninety (90) days the Full Member MUST NOT go on duty. If the Full Member goes beyond one hundred and twenty (120) days without re-qualification, then the Full Member must undergo refresher training until they have been deemed proficient enough to regain their duty status again. This training will be undertaken by either the E.D.C.F.R. or the N.E.A.S.
6 No Full Member should use any medical procedure or equipment that they have not been taught to use by either the E.D.C.F.R. or the N.E.A.S. This may only be used at the level of Responding that they have achieved through the E.D.C.F.R or the N.E.A.S.
7 Only A Full Member may ask the N.E.A.S (through Helen Morris)) to go out with A&E crews as an observer. At least two full weeks’ notice has to be given to Helen. A verbal or written conformation must be received from Helen before the Full Member may go observing. When observing, the schemes full uniform must be worn.
8 An Associated Member may go out observing with a Full Member if they wish. If so they must have had their Enhanced CRB check completed and signed all the schemes paperwork, as well as all appropriate N.E.A.S. paperwork. These documents must have been checked by the relevant organisation and duty clearance given. The Associated Member must wear a HI VIZ Waistcoat when out observing. This will have an OBSERVER badge in.
9 A full uniform will only be given to Full Members and should be worn when on any scheme business (charity events, on call or any other official business).
10 If any member’s details change they MUST inform both the E.D.C.F.R. and the N.E.A.S. in writing within 14 days. These changes include being charged or convicted of a criminal offence, driving offences, changes in contact addresses, numbers and changes in vehicle information.
11 All members must have the relevant CRB check renewed every three (3) years no matter the level of membership.
12 No Associated Member may call themselves a First Responder. This term can only be used by those who have completed the training through either the E.D.C.F.R. or the N.E.A.S. Anyone found in breach of this will be found to have committed gross misconduct and their membership of the E.D.C.F.R. will be terminated under the Disciplinary Procedure.
F) Committee Officers
1. A Chairperson, Vice Chair, Secretary, Co-ordinator and Treasurer will be elected at the A.G.M. This will take place on the first Monday of September. These officers will also be Trustees and hold positions on the Appeals Committee.
2. To hold these positions you must have undertaken a CRB within the last three (3) years.
3. If an officer leaves mid term, they should give reasonable notice, so an EGM may be called, wherein a replacement will be elected to fill the post until the next A.G.M. All posts shall be re-elected at every A.G.M.
G) Meetings
1. Meetings will be held once a month at an approved venue and every member who has signed the relevant paperwork is invited to participate at these meetings.
2. The Chairperson will chair meetings; if the Chairperson is absent the members may nominate a temporary chairperson for that meeting.
3. All matters are to be determined by majority vote and in the event of a tied vote the chairperson shall have the casting vote. This will only occur when there is a quorum of four (4) members or more, two (2) of which should be committee members. If the quorum is not satisfied then all matters are to be carried forward to the next meeting.
4. Minutes are to be taken by the scheme Secretary (or a nominated person, if the Secretary is absent) and they shall be made available by the next meeting for all members to see.
5. The Committee may have a separate meeting each month. There must be a quorum of at least three (3) committee members present for any decisions to take place.
6. These meetings will be chaired by the Chairperson, with minutes taken by the Secretary. These minutes will be printed and made available for any member to see.
7. The Committee will be allowed to make financial decisions of up to fifty pounds (£50) without having to ask the whole membership of the group.
H) General Meetings
1. All general meetings other than the Annual General Meeting shall be called special general meetings.
2. The Trustees (Committee) may call a special general meeting at any time.
3. The Trustees must call a special general meeting if requested to do so in writing by at least 2 members or one tenth (1/10) of the membership, whichever is the greater. The request must state the nature of the business that is to be discussed. If the Trustees fail to hold the meeting within twenty eight (28) days of the request, the members may proceed to call a special general meeting but in doing so they must comply with the provision of this Constitution.
4. The minimum period of notice needed for any general meeting called by a member is fourteen (14) clear days from the date on which the notice is deemed to have been given.
5. A general meeting may be called by shorter notice, if it is so agreed by all the members entitled to attend and vote.
6. The notice must specify the date, time and place of the meeting and the general nature of the business to be transacted. If the meeting is to be an annual general meeting (A.G.M.), the notice must say so.
7. The A.G.M. is to be held in September. Twenty One (21) days notice will be given to all members, all of whom are eligible to attend .
I) Financial Year End
1. The financial year-end is to be 31st August. A copy of the year end accounts shall be made available to each member.
2. The Trustees must comply with their obligations under the Charities Act 1993 with regard to;
(a) the keeping of accounting records for the Charity;
(b) the preparation of annual statements of account for the Charity;
(c) the transmission of the statements of account to the Charity;
(d) the preparation of an annual report and its transmission to the Commission;
(e) the preparation of an annual return and its transmission to the Commission.
3 Accounts must be prepared in accordance with the provisions of any Statement of Recommended Practice issued by the Commission, unless the Trustees are required to prepare accounts in accordance with the provisions of such a Statement prepared by another body.
J) Receipts and Expenditure.
All income is to be paid into the scheme account. All cheques shall be signed by two (2) designated Committee members. A copy of the schemes’ balance sheet shall be made available at every meeting.
K) Income and Property
1. All scheme property belongs to the scheme and/or the N.E.A.S. and should be stored and maintained as per directions.
2. Any member who leaves (for any reason) must return all equipment and property to the scheme.
3. All income, property and equipment of the Charity shall be applied solely towards the promotion of clause (C).
4 A Trustee may pay out of, or be reimbursed from, the property of the Charity reasonable expenses properly incurred by him or her when acting on behalf of the Charity.
5. None of the income or property of the Charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the Charity.
This does not prevent:
(a) a member who is not also a Trustee from receiving reasonable and proper remuneration for any goods or services supplied to the Charity;
(b) a Trustee from;
i. buying goods or services from the Charity upon the same terms as other members of the public;
ii. receiving benefit from the Charity in the capacity of a beneficiary of the Charity, provided that the Trustees comply with the provisions of sub clause (8) of this clause, or as a member of the Charity and upon the same terms as any other members;
(c) the purchase of indemnity insurance for the Trustees against any liability that by virtue of any rule of law would otherwise attach to a Trustee or other officer in respect of any negligence, default breach of duty or breach of trust of which he or she may be guilty in relation to the Charity but excluding;
i. fines;
ii. costs of unsuccessfully defending criminal prosecutions for offences arising out of the fraud, dishonesty or wilful or reckless misconduct of the Trustee or other officer; iii. liabilities to the Charity that result from conduct that the Trustee or other officer knew or ought to have known was not in the best interest of the Charity or in respect of which the person concerned did not care whether that conduct was in the beast interests of the Charity or not.
6. No Trustee may be paid or receive any other benefit for being a Trustee.
7 A Trustee may:
(a) sell goods, services or any interest in land to the Charity;
(b) be employed by or receive any remuneration from the Charity;
(c) receive any other financial benefit from the Charity, if:
(d) he or she is not prevented from doing so by sub clause (6) of this clause; and
(e) the benefit is permitted by sub clause (5) of this clause; or
(f) the benefit is authorised by the Trustees in accordance with the conditions in sub clause (8) of this clause.
8. (a). if it is proposed that a Trustee should receive a benefit from the Charity that is not already permitted under sub clause (5) of this clause, he or she must:
(i) declare his or her interest in the proposal;
(ii) be absent from that part of any meeting at which the proposal is discussed and take no part in any discussion of it;
(iii) not be counted in determining whether the meeting is quorate;
(iv) not vote on the proposal.
(b) In cases covered by sub clause (7) of this clause, those Trustees who do not stand to receive the proposed benefit must be satisfied that it is in the interests of the Charity to contract with or employ that Trustee rather than with someone who is not a Trustee and they must record the reason for their decision in the minutes. In reaching that decision the Trustees must balance the advantage of contracting with or employing a Trustee against the disadvantage of doing so (especially the loss of the Trustees’ services as a result of dealing with the Trustee’s conflict of interest).
(c) The Trustees may only authorise a transaction falling within paragraphs 7(a-c) of this clause if the Trustee body comprises a majority of Trustees who have not received any such benefit.
(d) If the Trustees fail to follow this procedure, the resolution to confer a benefit upon the Trustee will be void and the Trustee must repay to the Charity the value of any benefit received by the Trustee to the Charity.
9. A Trustee must absent himself or herself from any discussion of the Trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Charity and any personal interest (including but not limited to any personal financial interest) and take no part in the voting upon the matter.
10. In this Clause (6) “Trustee” shall include any person, firm or company connected with the Trustee.
11 All equipment must be approved for use by the N.E.A.S.
L) Amendments to the Constitution
1. The charity may amend any provision contained in this constitution provided that #
(a) no amendment may be made that would have the effect of making the Charity cease to be a Charity at law;
(b) no amendment may be made to alter the Aims and Objectives if the change would not be within the reasonable contemplation of the members of or donors to the Charity.
(c) no amendment may be made to clause K without the prior written consent of the Commission.
(d) any resolution to amend the constitution is passed by not less than two thirds (2/3) of the members present and voting at a general meeting.
2. A copy of any resolution amending this constitution shall be sent to both the N.E.A.S. and the Commission within twenty one (21) days of it being passed.
M) Dissolution
1. If the members resolve to dissolve the Charity the Trustees will remain in office as Charity Trustees and be responsible for winding up the affairs of the Charity in accordance with this clause.
2. The Trustees must collect in all the assets of the Charity and must pay or make provision for all the liabilities of the Charity. 3. The Trustees must apply any remaining property or money
(a) directly for the objects;
(b) by transfer to any other Charity or charities for purposes the same as or similar to the Charity;
(c) in such other manner as the Charity Commissioners for England and Wales (the Commission”) may approve in writing in advance.
4. The members may pass a resolution before or at the same time as the resolution to dissolve the Charity specifying the manner in which the Trustees are to apply the remaining property or assets of the charity and the Trustees must comply with the resolution if it is consistent with paragraphs (a)-(c) inclusive in sub-clause (3) above.
5. In no circumstances shall the net assets of the Charity be paid to or distributed among the members of the Charity (except to a member that is itself a Charity).
6. The Trustees must notify the Commission and the N.E.A.S. promptly that the Charity has been dissolved. If the Trustees are obliged to send the Charity’s accounts to the Commission for the accounting period which ended before its dissolution, they must send the Commission the Charity’s final accounts.
This constitution was adopted on the date mentioned above by the persons whose signatures appear at the bottom of this document: