Constitution

Due to the amalgamation of Palarang and Queanbeyan Councils the Constitution for the Bungendore War Memorial Committee will be updated.
In the interim the previous constitution will remain on this page

Constitution
for the
Bungendore War Memorial Committee

NAME

  1. The Committee is called the Bungendore War Memorial Committee (BWMC).

ESTABLISHMENT

  1. The BWMC is a committee of Palerang Council (Council) established under Section 355 of the (NSW) Local Government Act 1993 (the Act).

  2. Chapter 12, Part 1, of the Act permits Council to establish a committee to carry out, with specific delegated authority, a function on its behalf. As such, the BWMC effectively acts as the Council, is accountable to the Council and Council is liable for the Committee’s actions.

PURPOSE

  1. The purpose of the BWMC is to:

  • manage the Bungendore and District War Memorial (the Memorial);

  • arrange  for  Australian  Armed  Services  (AAS)  ceremonial  related  activities in Bungendore;

  • provide advice to Council on AAS ceremonial protocols;  and

  • liaise with the Bungendore Public School to help educate the schoolchildren with regard to AAS history especially as it relates to Bungendorians, past and present.

  1. The management of the Bungendore War Memorial Hall is outside the purview of the BWMC.

GUIDELINES

Relevance

  1. The BWMC is guided by Palerang Council’s ‘Section 355 Committee Management Guidelines’ dated 2nd May 2013. Clause 2.9 of the Guidelines requires the Committee to adopt its own written Constitution incorporating the guidelines as set by Council in addition to any other items necessary, including matters specific to itself.

  2. The BWMC is also guided by Palerang Council’s Code of Conduct 2013 dated 7th March 2013 (Resolution 40/2013).

  3. This Constitution is not intended to completely subsume the Guidelines, hence it must be read and interpreted in concert with the Guidelines.

  4. This Constitution was originally approved by Council as Version 1 dated 17th March 2013 and as Version 2 dated 6th August 2015.

Conflict between the S355 Guidelines and this Constitution

  1. Should a conflict occur between this Constitution and Council’s S355 Guidelines, this Constitution shall take precedence.

Omissions from Constitution

  1. Should an omission be found in this Constitution, and that issue is addressed in Council’s S355 Guidelines, the Guidelines shall prevail.

BUNGENDORE AND DISTRICT WAR MEMORIAL

Description

  1. The Memorial is located on Gibraltar Street opposite the Bungendore Post Office.  The Memorial includes the monument, stamped concrete plinth on which it stands, the Field of Remembrance on the western flank, the Remembrance Plaque on the eastern flank and the surrounding gardens, but not the greater area of Bungendore Park (Mick Sherd Oval). The Memorial belongs to Council and is located on Council land.

Works

  1. Whilst the BWMC is authorized to manage the Memorial, it is not authorized to engage any contractor or enter into any contract regarding the upkeep of the Memorial; this being the purview of Council’s Director of Works.

  2. The BWMC is empowered to conduct gardening and cleaning of the Memorial on a voluntary basis.

  3. Before any work (except for emergencies) is conducted by Council staff on the Memorial, on the adjacent roadway or on the section of the park which abuts the Memorial, the Director of Works shall first seek the views of the BWMC.

AAS CEREMONIAL RELATED ACTIVITIES

  1. The  BWMC  routinely  arranges  the  following  AAS  ceremonial  related  activities in Bungendore:

  • ANZAC Dinner;

  • ANZAC Day March, Ceremony and Social Activities;  and

  • Remembrance Day Ceremony.

  • Other AAS ceremonial related activities, endorsed by Council, may be conducted as required.

ADVICE TO COUNCIL

  1. From time to time, correspondence is received by Council that may require consideration and recommendation by the BWMC. The Committee is well placed to provide such advice to Council. Council is not obligated to accept the advice of the Committee.

SCHOOL LIAISON

  1. The  Department  of  Defence  has  funded  a  part  time  school  transition  aide  at  the Bungendore Public School (BPS) in recognition of the high percentage of Defence families in the local area.   The Committee is able to provide assistance to this person in the following ways:

  • general advice on AAS ceremonial related matters;

  • involvement with ANZAC Day ceremonies; and

  • involvement with the Remembrance Day ceremony.

  • Finance the annual BPS ANZAC Spirit Award.

ASSETS

Assets

  1. Physical assets belonging to the BWMC are to be shown in an Asset Register maintained by the Treasurer.   Assets are to be valued at the end of each financial year, and the depreciated value shown in the annual accounts.

Funds

  1. The BWMC is authorized to raise funds:

  • through traditional fund raising activities such as raffles;

  • from the hire of its equipment;

  • from the sale of ANZAC dinner tickets;  and

  • from grants and donations.

Banking

  1. The BWMC is authorised to conduct a bank account with a recognized bank.  The current bank cheque account is with the Bungendore branch of the Bendigo Community Bank.

Payments

  1. Payments may be made in cash, by cheque or by electronic transfer.  Regardless of the method of payment, each transaction is to be authorised by two members of the Committee.   Payment authorization does not need to wait until the next Committee meeting.

Grants

  1. The Committee is authorized to seek grants from bodies such as the Federal and State Governments and other bodies to meet the financial requirements of its Purpose.  The Committee is to liaise with Council before the submission of any application to avoid duplication and possible embarrassment.

Ownership of Assets

  1. Because the BWMC is a committee of Council, its assets (including funds) automatically belong to Council.  Council will not however sequester BWMC funds without the consent of the BWMC.

Accounting

  1. Committee funds will be accounted for, using the processes nominated by Council’s Manager of Financial Services.

Goods and Services Tax (GST)

  1. Council has determined that the Committee is not a taxable entity, and GST paid will be ‘refunded’  by  Council  using  a  process  stipulated  by  Council’s  Manager  of  Financial Services.

Audit

  1. The Committee’s accounts are recorded in an Excel Workbook monthly which is supplied by Council and submitted to the Council’s Manager of Financial Services along with bank statement. If the Manager of Financial Services feels an audit is required, this will then be arranged with an independent body.

Annual Report

  1. The Committee must report annually to Council, providing financial statements, including the application of GST, proposed fees and charges for the hire of its assets, any proposed improvement works, minutes of meetings, and the names of office-bearers and committee members for endorsement by Council.  The report will be prepared by the Secretary with assistance from the Treasurer and approved by the President prior to submission.

THE COMMITTEE

Composition

  1. Clause 2.2 of the Guidelines allows for Committee membership of between 4 and 12 persons and unless otherwise determined by Council, the term of membership shall be no less than 12 months and not exceed four years, the term of membership will generally be two years.

  2. It is preferable, although not mandatory, to have a majority of serving or ex-serving members of the AAS on the Committee.  All memberships and appointments fall vacant each year at the Annual General Meeting. The President of the BWMC may not hold his/her appointment for more than two consecutive years.  All subsequent Committee appointments need to be approved by Council based on Committee recommendations.

  3. Council will appoint a Councillor to be a Committee member.

  4. It is preferable that all Committee members live within Palerang local government area with exception to Associate members.

  5. It is desirable to have a gender balance, however this may not always be possible.

  6. Associate  Members  may  be  appointed  to  the  Committee  in  an  advisory  capacity. Associates will not be considered as members of the Committee Executive in the context of constituting a quorum for the purposes of decision making. See papa 39 below.

Workload

  1. Traditional duties are distributed as follows:

  • chair of meetings – President;

  • public face – President;

  • correspondence – Secretary;  and

  • finance – Treasurer.

  1. The  remaining  workload  is  to  be  distributed  amongst  other  members  taking  due cognizance of individual skills and availability.

Procedural Rules

  1. Normally the business of the Committee does not need to follow the formal procedural  rules of other Council committees, and thus the President (or his/her nominee) will conduct each meeting as a ‘Committee of the Whole’ where motions are not proposed, seconded or voted on: general consensus is all that is required.   There may be times however, when a formal motion is required.

Meetings

  1. The Committee will normally meet monthly on the first Thursday of each month at 09:00 at Council’s Bungendore offices. The Secretary will issue an agenda by email prior to each meeting.

  2. Quorum: A quorum for a meeting shall be a majority of members who must be present in order for the Committee to make decisions. Non-Committee members are able to attend Committee meetings however they are unable to participate in voting and decision making.

If, thirty minutes after the start of the meeting a quorum has not been obtained, The

Chairperson will decide to:

  • postpone the meeting, or

  • conduct the scheduled business of the Committee, but refer all decisions and motions to a subsequent meeting when a quorum is present for reconsideration and/or ratification.

If, at any time during the meeting a quorum cannot be maintained, the Chairperson will decide to:

  • close the meeting and refer any unfinished business to a subsequent meeting, or

  • continue to conduct the remaining scheduled business of the Committee, but refer all decisions and motions to a subsequent meeting when a quorum is present for reconsideration and /or ratification.

  1. Attendance at meetings: The Committee shall give due consideration to the   resignation of Members who fail to attend three consecutive meetings. (This does not apply to associate members)

Minutes

  1. Minutes of each meeting will be taken by the Secretary. Draft minutes will be  emailed to all Committee members within 7 working days of each meeting.   Minutes will be discussed/ confirmed at the next meeting, and once confirmed, emailed to the Council’s Director of Executive Services.  There is no need for the minutes to be signed.

Action Record

  1. The Secretary will keep a separate record of actions which arise from the formal meetings. Its purposes are to ensure that no action is inadvertently overlooked as time progresses, and maintain a clear history of actions taken.

Public Announcements

  1. While Committee members are expected and encouraged to engage with the community, they shall not report individual opinions expressed in meetings, nor shall they report independently on Committee actions unless these are on agreed Committee positions.

POLICY PAPERS

  1. From time to time the Committee will draft papers on policy relating to its Purpose (see ‘Purpose’ at beginning of this Constitution).  Such papers will be forwarded to Council’s Director of Executive Services who will arrange for Council’s formal review and decision. If approved, such policy papers will form part of this Constitution (as Annexures).

  2. Policy papers which have been approved by Council to date are:

  • Roll of Honour Policy (addresses the naming convention on the memorial;  and

  • Field of Remembrance Policy (addresses the eligibility, procedure and cost for planting crosses).

WEBSITE

  1. The BWMC has its own website:

www.bungendorewasmemorialcommittee.com.au

  1. This website has two purposes, to:

  • make information easily available to the public;  and

  • facilitate the distribution and dissemination of Committee business to Committee members.

INSURANCE

Committee Members

  1. The  individual members  of  the  Committee  are  covered  by  Council’s  public  liability insurance when executing their delegated authorities.

Volunteers

  1. In order to comply with Occupational Health and Safety requirements and to also be covered by Council’s insurance, any volunteers must be registered and approved by the Committee and (if circumstances permit) be formally inducted by Council prior to engaging in any activities related to the Committee’s scope.

Risk Management and Insurance

  1. Any AAS ceremonial related activity held by the Committee requires a documented risk assessment which is to be submitted to Council’s Director of Executive Services, who will arrange for it to be forwarded to Council’s insurers for acceptance.  The identified risks, if accepted by the insurers, often require measures or conditions to be imposed to ameliorate those risks.

ANNEXURES:

  1. Roll of Honour Policy; and

  2. Field of Remembrance Policy.