Website version
Provisional Constitution of the Sheep's Head Producers' Market 2017 / 2018
(type of organisation to be confirmed – currently unincorporated association)
1) Name:
Sheep's Head Producers' Market Abbreviated to SHPM.
2) Status:
The organisation of voluntary members formed for a common purpose is self-governing.
The Sheep's Head Producers' Market operates both the SHPM Market and the Market Shop.
The Sheep’s Head Producers' Market provides an outlet for food, crafts or any other product which is grown, produced or made within the Sheep’s Head community.
3) Location:
The “Sheep's Head peninsula”, “Sheep's Head community” and “local” as defined for the purposes of eligibility to contribute produce or items for sale, refers to the area covered by Kilcrohane and Durrus Community Council's electoral register and the area up to the N71 where it meets the Abbey graveyard.
4) Objectives:
The primary aim is to provide several key amenities:
The SHPM operates to:
The SHPM will be non party political and non discriminatory in its business.
Discrimination on the basis of nationality, race, creed, age, gender or sexual orientation is not acceptable.
5) Producer Eligibility:
a) Anyone who is interested in supporting the aims and objectives of the SHPM and who is also resident within the Sheep's Head peninsula area (as defined above) and/or who produces food or other saleable items from within this area, can apply to offer their goods through the Sunday Market or Market Shop. On acceptance of application the producer becomes a member of the SHPM, subject to conditions below.
b) The member or their family or a fellow resident within the Sheep’s Head peninsula area should be the original producer of all the items being sold.
c) Simply buying and reselling produce or other products not produced within the Sheep’s Head peninsula area is not in keeping with the promotion of our local economy and is not allowed. (See Producer Guidelines document for more details).
d) The SHPM will honour any agreement made with regards to the supply of produce which is not totally compliant with this Constitution, in accordance with the terms agreed, provided that such agreement was made and implemented prior to 31st December 2012.
e) The Steering Group may buy in goods to raise funds and promote SHPM if a suitable source from within the Sheep's Head peninsula is not available. These goods will be sourced from the closest geographical area possible with due consideration to cost and quality.
6) Membership:
a) Membership is granted after an application is approved by the relevant body nominated by the Steering Group. On approval the person will become a member of the Sheep's Head Producers' Market, subject to conditions below. This will include the member in our group insurance scheme (conditions apply)
b) There are currently four options for membership:
b) i) Market Shop Producer Membership (Producer member) – any person who is given a producer number to sell produce and / or goods through the SHPM shop, subject to 5) above. There is no membership fee, but a commission payment of the percentage of sale, is deducted before payment is made. All produce / goods remain the property of the producer until sold. Probationary membership, with neither voting rights nor reduced Market stall fees, applies until the first sale is made. Once a sale has been completed full membership is conferred, with the right to vote (one vote per producer number) and to avail of reduced Market Stall fees, in force at that time. The quality and standard of produce and / or goods will be monitored during the first three months, to ensure that they comply with the high standards expected by SHPM. Producers must have held full membership for one calendar year[1] before they can be nominated for election to the Steering Group (one nomination per producer number). Producers must make at least one sale through the shop, in any one calendar year, to maintain their producer membership. If this condition is not met, they may apply for Stallholder or Non-producer membership as applicable.
b) ii) a) Sunday Market Stallholder Membership (Stallholder member) – any person who pays for a stall to sell produce and / or goods at the Sunday Market, subject to 5) above. There is no separate, additional membership fee. Stallholder members have the right to vote at general meetings (one vote per stall) and may be nominated for election to the committee one calendar year after their first Sunday Market Stallholding. Stallholder members must attend and pay for at least one stall per any calendar year. Stallholder members may apply for Non-producer membership if they no longer meet the criteria for Stallholder membership.
b) ii) b) Casual sellers who only contribute produce or items for sale through the Community Stall are not eligible members, unless they qualify under other criteria.
b) iii) Non-producer Membership – there are two categories of Non-producer Membership:
A) Founder Membership
B) Non-producer Membership
A) Founder Membership – there are three Founder Members: Kate Arbon, Lorna Finnegan and Matt Mills. They have full voting rights and can be nominated for posts on the Steering Group. There is no membership fee and their membership cannot be transferred to any other person.
B) Non-producer Membership – any person who supports the aims and objectives of the SHPM can apply to be a Non-producer Member. There are no residential or location restrictions. A membership fee, as agreed by the membership at the AGM, is payable. Full voting rights are conferred after the membership fee has been paid in full. The Steering Group may invite to membership any volunteer who gives exceptional help to the group. Such membership will not attract a membership fee, shall have full voting rights and shall be current until the subsequent AGM. This membership may be renewed annually if deemed appropriate. A Non-producer member can be nominated for a post on the Steering Group when they have held full membership for six months. Where applicable, a Non-producer member can apply to be a Producer or Stallholder member, but membership fees paid are not refundable.
b) iv) Guest membership – Guest membership is conferred on any person who is invited to join a committee, who is not already a member. There are no residential or location restrictions. Guest members do not pay a membership fee. They do not have any voting rights nor can they be elected to posts on the Steering Group. Guest members may choose to become Non-producer members. In such cases, they do not have the right to vote on the committee they have been co-opted onto but do receive voting and nomination rights as Non-producer members.
b) v) Some people may wish to help SHPM by donating time, fund raising etc. Although their contribution is welcomed and gratefully received they are not members of SHPM and do not have voting rights unless they apply for membership and meet the qualifying criteria.
c) Becoming a member is considered acceptance of any responsibilities and duties regarding compliance with EHO/HSE, Department of Agriculture, Food and the Marine and any other government and local authority regulations appropriate to produce and goods offered for sale. Applying for membership indicates an agreement with the Producer Guidelines and Membership Rules including Disciplinary Policy. (See Producer Guidelines and Membership Rules for details).
7) Minors:
Any person under full age within the meaning of the Age of Majority Act 1985 may be a member (subject to 6) above), but they shall not have a vote until they reach the age of 14. Between the age of 14 and reaching the age of majority the member shall have a vote (subject to 6) above) but shall not be eligible for nomination to the Steering Group, unless required by law to do otherwise in which case legal advice will be sought.
8) Deceased members:
All produce remains the property of the producer. Any produce is therefore part of the deceased estate. SHPM will continue to offer for sale any produce in the shop until the produce is claimed by the deceased estate. Any outstanding payments will be made to the deceased estate, unless required by law to do otherwise in which case legal advice will be sought.
9) Cessation of membership:
A person shall cease to be a member of SHPM if:
a) They die
b) They fail, after a written request, to pay in full any membership fees due.
c) They formally withdraw their membership in writing, addressing their letter to the Membership secretary
d) They are expelled from SHPM in accordance with procedures in the Disciplinary Policy.
10) Voting:
a) All members are eligible to vote in elections and in any circumstance where the committee decide the vote of the membership is required, including consultations.
b) Members are granted one vote per membership number allocated. One person can only have one vote, regardless of the number of membership criteria they may meet.
c) Members must be present in the meeting to vote. No proxy votes will be allowed. A register and verification of membership will be kept. Ballot papers will be issued at the meeting following verification. In the case of late arrivals, any ballots papers for elections that have already been held will be removed before the remaining ballot papers are issued.
d) Elections held to form the Steering Group are by secret ballot. Each place on the Steering Group is allocated by a simple majority vote. (See Voting Procedures)
11) Steering Group:
a) The affairs of SHPM shall be conducted, on behalf of the members, by an elected Steering Group of eleven persons.
b) The Steering Group shall be made up from eligible members who have been nominated and elected by the members in a secret ballot.
c) Individual Steering Group members are elected for a term of three years, after the initial two years of operation. (See Voting Procedures)
d) Members are eligible to stand for nomination to the Steering Group at the next election one calendar year after the date of their first sale from the shop in the case of Market Shop Producer Members and one calendar year after full membership is granted in all other cases. (See Membership Rules)
e) Eligible members elected to form the Steering Group shall allocate individual roles at their first Steering Group meeting following the AGM.
f) If the number of Steering Group members falls below seven, with more than one Steering Group meeting before the next scheduled election, the vacancy on the Steering Group shall be filled by co-option of eligible members. Steering Group vacancy co-optees have the right to vote.
g) One third of the Steering Group shall retire at each AGM at the end of their term of office, but individuals may put themselves forward for re-election.
h) The outgoing Chairperson / Treasurer can choose to remain as an ex-officio member of the Steering Group for the period of up to six months.
i) A quorum at committee meetings shall be 50% (rounded up) plus 1 of the serving Steering Group.
j) If a Steering Group member misses two consecutive or three out of five Steering Group meetings, without good cause, they will be notified that their attendance is unsatisfactory. If the member misses another meeting, without good cause, they may be removed from the Steering Group.
k) Members of the Steering Group who anticipate non-attendance at meetings for a protracted period may submit a request for leave of absence. The Steering Group shall consider each submission on its merits and if granted such absence shall not count as non-attendance at meetings.
l) The Steering Group may co-opt personnel onto the Steering Group on a temporary basis in order to provide specialist expertise. Personnel may be new or full members or from outside the SHPM area. Personnel are not allowed to vote.
m) The Steering Group may from time to time establish temporary sub-groups for the purpose of pursuing specific projects of SHPM vested with agreed Terms of Reference. Membership of such sub-groups may be drawn from the members or by co-option of suitable persons from outside SHPM if required. These co-opted members do not vote
n) Steering Group decisions are taken by simple majority, one member one vote.
o) Unresolved issues will be revisited at the next meeting. If there is still no resolution the matter will be left for a minimum of either three meetings or six months, whichever occurs first, unless a majority of the Steering Group agree to revisit the issue at an earlier date.
p) Once a decision has been agreed the subject matter will not be discussed again for a minimum of either three meetings or six months, whichever occurs first, unless a majority of the Steering Group agree to revisit the issue at an earlier date. The decision is agreed when the minutes containing the decision have been agreed.
q) Steering Group meetings are closed. All business is confidential other than those issues decided to be published e.g. non-exempt minutes, press release.
r) Members may be invited to attend specific Steering Group meetings, or parts thereof. Members may be invited to debate points as appropriate. Members do not vote at these meetings (observer status).
s) All members of the Steering Group are expected to support and abide by the decisions agreed. However, this does not prevent them from taking soundings from among the membership and reporting back information gained.
12) Changes to constitution or management structure:
a) Once the constitution and management structure have been adopted, any change can only be made by vote at the AGM or Extraordinary General Meeting (EGM).
b) Any motion(s) to change the constitution and / or Steering Group structure must be supported by at least 10% (rounded up), plus one members of SHPM members resident on the Sheep's Head peninsula[2]. The motion(s) must be submitted in writing, with the exact wording to be put before the membership, and have the required number of signatures.
c) If the motion(s) is / are lodged more than three months before the AGM, an EGM will be called within one calendar month of the motion(s) being lodged.
d) The motion(s) will be the only item(s) on the agenda of an EGM.
e) For the motion(s) to be carried a majority of two thirds (rounded up) of the voting membership present at the meeting will be required.
13) Officers:
The officers shall be the Chairperson, Secretary and Treasurer all of whom will be members of the Steering Group. Other positions of office will be agreed and filled by the members of the Steering Group as required. (see Roles in the Steering Group)
14) Finance Group:
a) Members of the Steering Group will appoint a minimum of three people to oversee the financial administration and to manage the funds of SHPM. These will be the Treasurer and at least two other members. Finance group members must be able to demonstrate their ability to do the jobs required.
b) Finance group members may also hold an elected position of office on the Steering Group.
15) Steering Group Meetings:
a) The Steering Group manages the affairs of the SHPM and is competent for all matters except those reserved or referred to the Annual General Meeting.
b) The Steering Group shall meet regularly with a minimum of four meetings a year.
c) In the event of the Chairperson being unable to attend a Meeting, an acting Chairperson will be nominated as Chair for the meeting.
d) No business shall take place unless a quorum of 50% (rounded up) plus one of the serving Steering Group is present.
e) The Steering Group will ensure a designated person will make proper minutes of all proceedings and decisions made and that these minutes are circulated to Steering Group members.
f) All positions on the Steering Group are voluntary. Out of pocket expenses will be reimbursed only if agreed in principle, in advance, by the Chair and Treasurer and referred for approval to the Steering Group and where the budget allows. Any outstanding agreed expenses shall not be carried over beyond the next AGM.
16) Power of Steering Group:
The Steering Group shall have power to:
a) Allocate, with the agreement of the approved elected member, to specific areas of responsibility / research as required for positions of office on the Steering Group
b) Manage the business of the SHPM
c) Make decisions regarding the day-to-day running of SHPM and ensure that these decisions are within the ethos of SHPM
d) Approve day-to-day use of funds
e) Develop a budget for approval at the AGM.
f) Ratify membership applications to the SHPM
g) Discipline members (See Membership rules)
h) Collect commissions and subscriptions due from members
i) Collect money from fund-raising
j) Hold meetings
k) Set up working groups within the Steering Group who, with the approval of the Steering Group, may call upon the services of outside persons to assist in the work of any working group, as considered necessary.
l) Propose changes to the constitution, if required.
17) General Meetings:
a) The SHPM shall hold an Annual General Meeting (AGM), for which at least twenty-one days notice shall be given, once in a calendar year, during February or March, for the following purposes:
Determine the general policy and direction of the SHPM
Elect the members of the Steering Group for the ensuing year, in accordance with procedures agreed.
Approve the annual report, the accounts, the budget and the working plan
In addition, if necessary, it may also
Ask for an independent expert to check the accounts of the SHPM
Modify the constitution (See Section 9)
Dissolve the SHPM
b) The Steering Group shall decide on the order of the AGM Agenda. Members can place motions to be discussed on the agenda fourteen days in advance of the meeting. These motions must be submitted in writing, with the exact wording to be put before the membership, and have the signatures of at least 10% (rounded up) of the current voting membership resident on the Sheep’s Head peninsula, who support the motion. (The members signing the motion do NOT have to reside on the Sheep’s Head peninsula; this is for working out the number required only).
c) During the meeting only the points of the agenda can be discussed, except for emergency contemporary motions. A simple majority vote will be used to place such motions on the agenda.
d) Only those signed up members of the SHPM with membership that includes voting rights shall be eligible to vote.
e) The quorum at the AGM shall be the number of serving Steering Group members plus 10% (rounded up) of the voting membership resident on the Sheep's Head peninsula.
f) The Steering Group will designate an appropriate person who will ensure proper minutes of all proceedings and decisions made are circulated to members.
g) Motions will be carried by a simple majority vote, in person, at the meeting.
h) Decisions taken (motions carried) during an AGM are regarded as decisions of the SHPM and bind all members present or not, providing procedures are seen to be followed.
i) General Meetings may be called, if and as required, by the Steering Group, when the vote of the membership is deemed to be necessary. General meetings may also be called by at least 10% (rounded up), plus one members of SHPM members resident on the Sheep's Head peninsula. The procedures above are to be followed.
18) Funds:
a) The funds of the SHPM shall consist of:
c) The accounts shall be kept by the Treasurer in conjunction with the finance group for the purpose of the preparation of the annual income and expenditure account for presentation to the approval of the AGM.
d) The monthly accounts and source information shall be open to inspection by members of the Steering Group at any time.
e) The Treasurer shall arrange for the annual income and expenditure account to be prepared.
f) The Treasurer shall prepare a breakdown of the income and expenditure, based on monthly breakdown, four times a year, to be presented at meetings of the Steering Group.
g) The accounts will be available for inspection by members by arrangement with the Treasurer, during a specified fourteen day period after the end of the financial year and prior to the AGM.
h) Funds held on behalf of the producers or as assets will be kept safely in keeping with arrangements agreed by the Steering Group.
i) For purposes of facilitating the daily running of SHPM a separate petty cash fund will be made available to the shop and /or market manager who has authority to make payments within the parameters agreed by the Steering Group. The amount of petty cash to be agreed by the Steering Group.
j) Payment made from the funds must be agreed by the Steering Group.
k) Funds will not be spent by the Steering Group unless it is to further the objectives the SHPM operates upon.
l) Decisions on spending will normally be made at Steering Group meetings, unless there are exceptional circumstances, in which case agreement must be reached by a minimum of five Steering Group members.
m) A limit not to be exceeded for exceptional payments must be agreed by the Steering Group.
n) The Treasurer has overall responsibility for all matters financial within the SHPM.
19) Application of profits:
Any profits arising shall be applied in any or all of the following ways:
a) create and maintain a prudent reserve for the continuation and development of SHPM. The funds are wholly the property of, and can only be used for the benefit of, SHPM.
b) to meet any expenditure to advance the objectives of SHPM
c) to provide funding for social or charitable purposes among the members and the community generally.
20) Dissolution of SHPM:
a) The Steering Group can call an EGM to dissolve the SHPM.
b) The only item on the agenda will be the dissolution of SHPM.
c) The quorum for this meeting will be 50% of serving Steering Group (rounded up) and twice that number of members
d) A majority of two thirds (rounded up) of members present will be needed to dissolve SHPM.
e) Any remaining assets of SHPM will donated to community project(s) / charities, within the Sheep's Head Producers' Market area, as decided at the EGM, unless required by law to do otherwise in which case legal advice will be sought.
21) Audit:
The membership, at an Annual General Meeting, may vote to appoint an auditor to audit the accounts of the SHPM, once it’s assets exceed €50 000.00.
Signed________________________________________________________Chairperson
Signed ________________________________________________________Secretary
Signed ________________________________________________________Treasurer
Date _______________________________
[1]Throughout this document 'calendar year' means one full calendar year e.g. First sale made 15th June 2014, producer membership starts. Producer membership expires on 14th June 2015, unless a further sale is made. The member will not be eligible for nomination until the AGM in 2016 or an EGM called on or after 15th June 2015.
[2]'resident on the Sheep's Head peninsula' is used to count the number of members required e.g. 58 members resident on the Sheep's Head peninsula means that at least 7 members are required to put forward the motion (58 / 10 = 5.8, rounded up = 6 + 1 = 7). Voting members who are not resident on the Sheep's Head peninsula can put forward motions and / or be signatories to motions in accordance with procedures outlined above, but must be present in person at the meeting to vote. 'Resident on the Sheep's Head peninsula' refers to the count required throughout this document.
Provisional Constitution of the Sheep's Head Producers' Market 2017 / 2018
(type of organisation to be confirmed – currently unincorporated association)
1) Name:
Sheep's Head Producers' Market Abbreviated to SHPM.
2) Status:
The organisation of voluntary members formed for a common purpose is self-governing.
The Sheep's Head Producers' Market operates both the SHPM Market and the Market Shop.
The Sheep’s Head Producers' Market provides an outlet for food, crafts or any other product which is grown, produced or made within the Sheep’s Head community.
3) Location:
The “Sheep's Head peninsula”, “Sheep's Head community” and “local” as defined for the purposes of eligibility to contribute produce or items for sale, refers to the area covered by Kilcrohane and Durrus Community Council's electoral register and the area up to the N71 where it meets the Abbey graveyard.
4) Objectives:
The primary aim is to provide several key amenities:
- A local source of quality fresh food.
- An outlet for small scale producers from within the area.
- A venue to display and sell crafts and other locally made items attractive to visitors.
- A meeting place where events, services, skills and news can be publicised or exchanged.
The SHPM operates to:
- Encourage local sustainable food production and craft enterprise.
- Develop and support a vibrant local economy.
- Promote the common interests of small scale local producers.
- Promote a local “brand” with an assurance of quality.
- Promote co-operation within the community in building a locally integrated food economy.
- Improve public awareness of the benefits of sustainable local food production.
- Contribute to community resilience through food, energy and transport initiatives.
- Liaise with other local, community and national groups with similar objectives.
The SHPM will be non party political and non discriminatory in its business.
Discrimination on the basis of nationality, race, creed, age, gender or sexual orientation is not acceptable.
5) Producer Eligibility:
a) Anyone who is interested in supporting the aims and objectives of the SHPM and who is also resident within the Sheep's Head peninsula area (as defined above) and/or who produces food or other saleable items from within this area, can apply to offer their goods through the Sunday Market or Market Shop. On acceptance of application the producer becomes a member of the SHPM, subject to conditions below.
b) The member or their family or a fellow resident within the Sheep’s Head peninsula area should be the original producer of all the items being sold.
c) Simply buying and reselling produce or other products not produced within the Sheep’s Head peninsula area is not in keeping with the promotion of our local economy and is not allowed. (See Producer Guidelines document for more details).
d) The SHPM will honour any agreement made with regards to the supply of produce which is not totally compliant with this Constitution, in accordance with the terms agreed, provided that such agreement was made and implemented prior to 31st December 2012.
e) The Steering Group may buy in goods to raise funds and promote SHPM if a suitable source from within the Sheep's Head peninsula is not available. These goods will be sourced from the closest geographical area possible with due consideration to cost and quality.
6) Membership:
a) Membership is granted after an application is approved by the relevant body nominated by the Steering Group. On approval the person will become a member of the Sheep's Head Producers' Market, subject to conditions below. This will include the member in our group insurance scheme (conditions apply)
b) There are currently four options for membership:
- Market Shop Producer Membership
- Sunday Market Stallholder Membership
- Non-Producer Membership which includes Founder members
- Guest Membership
b) i) Market Shop Producer Membership (Producer member) – any person who is given a producer number to sell produce and / or goods through the SHPM shop, subject to 5) above. There is no membership fee, but a commission payment of the percentage of sale, is deducted before payment is made. All produce / goods remain the property of the producer until sold. Probationary membership, with neither voting rights nor reduced Market stall fees, applies until the first sale is made. Once a sale has been completed full membership is conferred, with the right to vote (one vote per producer number) and to avail of reduced Market Stall fees, in force at that time. The quality and standard of produce and / or goods will be monitored during the first three months, to ensure that they comply with the high standards expected by SHPM. Producers must have held full membership for one calendar year[1] before they can be nominated for election to the Steering Group (one nomination per producer number). Producers must make at least one sale through the shop, in any one calendar year, to maintain their producer membership. If this condition is not met, they may apply for Stallholder or Non-producer membership as applicable.
b) ii) a) Sunday Market Stallholder Membership (Stallholder member) – any person who pays for a stall to sell produce and / or goods at the Sunday Market, subject to 5) above. There is no separate, additional membership fee. Stallholder members have the right to vote at general meetings (one vote per stall) and may be nominated for election to the committee one calendar year after their first Sunday Market Stallholding. Stallholder members must attend and pay for at least one stall per any calendar year. Stallholder members may apply for Non-producer membership if they no longer meet the criteria for Stallholder membership.
b) ii) b) Casual sellers who only contribute produce or items for sale through the Community Stall are not eligible members, unless they qualify under other criteria.
b) iii) Non-producer Membership – there are two categories of Non-producer Membership:
A) Founder Membership
B) Non-producer Membership
A) Founder Membership – there are three Founder Members: Kate Arbon, Lorna Finnegan and Matt Mills. They have full voting rights and can be nominated for posts on the Steering Group. There is no membership fee and their membership cannot be transferred to any other person.
B) Non-producer Membership – any person who supports the aims and objectives of the SHPM can apply to be a Non-producer Member. There are no residential or location restrictions. A membership fee, as agreed by the membership at the AGM, is payable. Full voting rights are conferred after the membership fee has been paid in full. The Steering Group may invite to membership any volunteer who gives exceptional help to the group. Such membership will not attract a membership fee, shall have full voting rights and shall be current until the subsequent AGM. This membership may be renewed annually if deemed appropriate. A Non-producer member can be nominated for a post on the Steering Group when they have held full membership for six months. Where applicable, a Non-producer member can apply to be a Producer or Stallholder member, but membership fees paid are not refundable.
b) iv) Guest membership – Guest membership is conferred on any person who is invited to join a committee, who is not already a member. There are no residential or location restrictions. Guest members do not pay a membership fee. They do not have any voting rights nor can they be elected to posts on the Steering Group. Guest members may choose to become Non-producer members. In such cases, they do not have the right to vote on the committee they have been co-opted onto but do receive voting and nomination rights as Non-producer members.
b) v) Some people may wish to help SHPM by donating time, fund raising etc. Although their contribution is welcomed and gratefully received they are not members of SHPM and do not have voting rights unless they apply for membership and meet the qualifying criteria.
c) Becoming a member is considered acceptance of any responsibilities and duties regarding compliance with EHO/HSE, Department of Agriculture, Food and the Marine and any other government and local authority regulations appropriate to produce and goods offered for sale. Applying for membership indicates an agreement with the Producer Guidelines and Membership Rules including Disciplinary Policy. (See Producer Guidelines and Membership Rules for details).
7) Minors:
Any person under full age within the meaning of the Age of Majority Act 1985 may be a member (subject to 6) above), but they shall not have a vote until they reach the age of 14. Between the age of 14 and reaching the age of majority the member shall have a vote (subject to 6) above) but shall not be eligible for nomination to the Steering Group, unless required by law to do otherwise in which case legal advice will be sought.
8) Deceased members:
All produce remains the property of the producer. Any produce is therefore part of the deceased estate. SHPM will continue to offer for sale any produce in the shop until the produce is claimed by the deceased estate. Any outstanding payments will be made to the deceased estate, unless required by law to do otherwise in which case legal advice will be sought.
9) Cessation of membership:
A person shall cease to be a member of SHPM if:
a) They die
b) They fail, after a written request, to pay in full any membership fees due.
c) They formally withdraw their membership in writing, addressing their letter to the Membership secretary
d) They are expelled from SHPM in accordance with procedures in the Disciplinary Policy.
10) Voting:
a) All members are eligible to vote in elections and in any circumstance where the committee decide the vote of the membership is required, including consultations.
b) Members are granted one vote per membership number allocated. One person can only have one vote, regardless of the number of membership criteria they may meet.
c) Members must be present in the meeting to vote. No proxy votes will be allowed. A register and verification of membership will be kept. Ballot papers will be issued at the meeting following verification. In the case of late arrivals, any ballots papers for elections that have already been held will be removed before the remaining ballot papers are issued.
d) Elections held to form the Steering Group are by secret ballot. Each place on the Steering Group is allocated by a simple majority vote. (See Voting Procedures)
11) Steering Group:
a) The affairs of SHPM shall be conducted, on behalf of the members, by an elected Steering Group of eleven persons.
b) The Steering Group shall be made up from eligible members who have been nominated and elected by the members in a secret ballot.
c) Individual Steering Group members are elected for a term of three years, after the initial two years of operation. (See Voting Procedures)
d) Members are eligible to stand for nomination to the Steering Group at the next election one calendar year after the date of their first sale from the shop in the case of Market Shop Producer Members and one calendar year after full membership is granted in all other cases. (See Membership Rules)
e) Eligible members elected to form the Steering Group shall allocate individual roles at their first Steering Group meeting following the AGM.
f) If the number of Steering Group members falls below seven, with more than one Steering Group meeting before the next scheduled election, the vacancy on the Steering Group shall be filled by co-option of eligible members. Steering Group vacancy co-optees have the right to vote.
g) One third of the Steering Group shall retire at each AGM at the end of their term of office, but individuals may put themselves forward for re-election.
h) The outgoing Chairperson / Treasurer can choose to remain as an ex-officio member of the Steering Group for the period of up to six months.
i) A quorum at committee meetings shall be 50% (rounded up) plus 1 of the serving Steering Group.
j) If a Steering Group member misses two consecutive or three out of five Steering Group meetings, without good cause, they will be notified that their attendance is unsatisfactory. If the member misses another meeting, without good cause, they may be removed from the Steering Group.
k) Members of the Steering Group who anticipate non-attendance at meetings for a protracted period may submit a request for leave of absence. The Steering Group shall consider each submission on its merits and if granted such absence shall not count as non-attendance at meetings.
l) The Steering Group may co-opt personnel onto the Steering Group on a temporary basis in order to provide specialist expertise. Personnel may be new or full members or from outside the SHPM area. Personnel are not allowed to vote.
m) The Steering Group may from time to time establish temporary sub-groups for the purpose of pursuing specific projects of SHPM vested with agreed Terms of Reference. Membership of such sub-groups may be drawn from the members or by co-option of suitable persons from outside SHPM if required. These co-opted members do not vote
n) Steering Group decisions are taken by simple majority, one member one vote.
o) Unresolved issues will be revisited at the next meeting. If there is still no resolution the matter will be left for a minimum of either three meetings or six months, whichever occurs first, unless a majority of the Steering Group agree to revisit the issue at an earlier date.
p) Once a decision has been agreed the subject matter will not be discussed again for a minimum of either three meetings or six months, whichever occurs first, unless a majority of the Steering Group agree to revisit the issue at an earlier date. The decision is agreed when the minutes containing the decision have been agreed.
q) Steering Group meetings are closed. All business is confidential other than those issues decided to be published e.g. non-exempt minutes, press release.
r) Members may be invited to attend specific Steering Group meetings, or parts thereof. Members may be invited to debate points as appropriate. Members do not vote at these meetings (observer status).
s) All members of the Steering Group are expected to support and abide by the decisions agreed. However, this does not prevent them from taking soundings from among the membership and reporting back information gained.
12) Changes to constitution or management structure:
a) Once the constitution and management structure have been adopted, any change can only be made by vote at the AGM or Extraordinary General Meeting (EGM).
b) Any motion(s) to change the constitution and / or Steering Group structure must be supported by at least 10% (rounded up), plus one members of SHPM members resident on the Sheep's Head peninsula[2]. The motion(s) must be submitted in writing, with the exact wording to be put before the membership, and have the required number of signatures.
c) If the motion(s) is / are lodged more than three months before the AGM, an EGM will be called within one calendar month of the motion(s) being lodged.
d) The motion(s) will be the only item(s) on the agenda of an EGM.
e) For the motion(s) to be carried a majority of two thirds (rounded up) of the voting membership present at the meeting will be required.
13) Officers:
The officers shall be the Chairperson, Secretary and Treasurer all of whom will be members of the Steering Group. Other positions of office will be agreed and filled by the members of the Steering Group as required. (see Roles in the Steering Group)
14) Finance Group:
a) Members of the Steering Group will appoint a minimum of three people to oversee the financial administration and to manage the funds of SHPM. These will be the Treasurer and at least two other members. Finance group members must be able to demonstrate their ability to do the jobs required.
b) Finance group members may also hold an elected position of office on the Steering Group.
15) Steering Group Meetings:
a) The Steering Group manages the affairs of the SHPM and is competent for all matters except those reserved or referred to the Annual General Meeting.
b) The Steering Group shall meet regularly with a minimum of four meetings a year.
c) In the event of the Chairperson being unable to attend a Meeting, an acting Chairperson will be nominated as Chair for the meeting.
d) No business shall take place unless a quorum of 50% (rounded up) plus one of the serving Steering Group is present.
e) The Steering Group will ensure a designated person will make proper minutes of all proceedings and decisions made and that these minutes are circulated to Steering Group members.
f) All positions on the Steering Group are voluntary. Out of pocket expenses will be reimbursed only if agreed in principle, in advance, by the Chair and Treasurer and referred for approval to the Steering Group and where the budget allows. Any outstanding agreed expenses shall not be carried over beyond the next AGM.
16) Power of Steering Group:
The Steering Group shall have power to:
a) Allocate, with the agreement of the approved elected member, to specific areas of responsibility / research as required for positions of office on the Steering Group
b) Manage the business of the SHPM
c) Make decisions regarding the day-to-day running of SHPM and ensure that these decisions are within the ethos of SHPM
d) Approve day-to-day use of funds
e) Develop a budget for approval at the AGM.
f) Ratify membership applications to the SHPM
g) Discipline members (See Membership rules)
h) Collect commissions and subscriptions due from members
i) Collect money from fund-raising
j) Hold meetings
k) Set up working groups within the Steering Group who, with the approval of the Steering Group, may call upon the services of outside persons to assist in the work of any working group, as considered necessary.
l) Propose changes to the constitution, if required.
17) General Meetings:
a) The SHPM shall hold an Annual General Meeting (AGM), for which at least twenty-one days notice shall be given, once in a calendar year, during February or March, for the following purposes:
Determine the general policy and direction of the SHPM
Elect the members of the Steering Group for the ensuing year, in accordance with procedures agreed.
Approve the annual report, the accounts, the budget and the working plan
In addition, if necessary, it may also
Ask for an independent expert to check the accounts of the SHPM
Modify the constitution (See Section 9)
Dissolve the SHPM
b) The Steering Group shall decide on the order of the AGM Agenda. Members can place motions to be discussed on the agenda fourteen days in advance of the meeting. These motions must be submitted in writing, with the exact wording to be put before the membership, and have the signatures of at least 10% (rounded up) of the current voting membership resident on the Sheep’s Head peninsula, who support the motion. (The members signing the motion do NOT have to reside on the Sheep’s Head peninsula; this is for working out the number required only).
c) During the meeting only the points of the agenda can be discussed, except for emergency contemporary motions. A simple majority vote will be used to place such motions on the agenda.
d) Only those signed up members of the SHPM with membership that includes voting rights shall be eligible to vote.
e) The quorum at the AGM shall be the number of serving Steering Group members plus 10% (rounded up) of the voting membership resident on the Sheep's Head peninsula.
f) The Steering Group will designate an appropriate person who will ensure proper minutes of all proceedings and decisions made are circulated to members.
g) Motions will be carried by a simple majority vote, in person, at the meeting.
h) Decisions taken (motions carried) during an AGM are regarded as decisions of the SHPM and bind all members present or not, providing procedures are seen to be followed.
i) General Meetings may be called, if and as required, by the Steering Group, when the vote of the membership is deemed to be necessary. General meetings may also be called by at least 10% (rounded up), plus one members of SHPM members resident on the Sheep's Head peninsula. The procedures above are to be followed.
18) Funds:
a) The funds of the SHPM shall consist of:
- Money received by way of sales commissions
- Money received by way of funds raised or donations given
- Money from Market Stallholders fees at weekly market
- Money from membership fees
- Money received by way of buying in goods for resale
c) The accounts shall be kept by the Treasurer in conjunction with the finance group for the purpose of the preparation of the annual income and expenditure account for presentation to the approval of the AGM.
d) The monthly accounts and source information shall be open to inspection by members of the Steering Group at any time.
e) The Treasurer shall arrange for the annual income and expenditure account to be prepared.
f) The Treasurer shall prepare a breakdown of the income and expenditure, based on monthly breakdown, four times a year, to be presented at meetings of the Steering Group.
g) The accounts will be available for inspection by members by arrangement with the Treasurer, during a specified fourteen day period after the end of the financial year and prior to the AGM.
h) Funds held on behalf of the producers or as assets will be kept safely in keeping with arrangements agreed by the Steering Group.
i) For purposes of facilitating the daily running of SHPM a separate petty cash fund will be made available to the shop and /or market manager who has authority to make payments within the parameters agreed by the Steering Group. The amount of petty cash to be agreed by the Steering Group.
j) Payment made from the funds must be agreed by the Steering Group.
k) Funds will not be spent by the Steering Group unless it is to further the objectives the SHPM operates upon.
l) Decisions on spending will normally be made at Steering Group meetings, unless there are exceptional circumstances, in which case agreement must be reached by a minimum of five Steering Group members.
m) A limit not to be exceeded for exceptional payments must be agreed by the Steering Group.
n) The Treasurer has overall responsibility for all matters financial within the SHPM.
19) Application of profits:
Any profits arising shall be applied in any or all of the following ways:
a) create and maintain a prudent reserve for the continuation and development of SHPM. The funds are wholly the property of, and can only be used for the benefit of, SHPM.
b) to meet any expenditure to advance the objectives of SHPM
c) to provide funding for social or charitable purposes among the members and the community generally.
20) Dissolution of SHPM:
a) The Steering Group can call an EGM to dissolve the SHPM.
b) The only item on the agenda will be the dissolution of SHPM.
c) The quorum for this meeting will be 50% of serving Steering Group (rounded up) and twice that number of members
d) A majority of two thirds (rounded up) of members present will be needed to dissolve SHPM.
e) Any remaining assets of SHPM will donated to community project(s) / charities, within the Sheep's Head Producers' Market area, as decided at the EGM, unless required by law to do otherwise in which case legal advice will be sought.
21) Audit:
The membership, at an Annual General Meeting, may vote to appoint an auditor to audit the accounts of the SHPM, once it’s assets exceed €50 000.00.
Signed________________________________________________________Chairperson
Signed ________________________________________________________Secretary
Signed ________________________________________________________Treasurer
Date _______________________________
[1]Throughout this document 'calendar year' means one full calendar year e.g. First sale made 15th June 2014, producer membership starts. Producer membership expires on 14th June 2015, unless a further sale is made. The member will not be eligible for nomination until the AGM in 2016 or an EGM called on or after 15th June 2015.
[2]'resident on the Sheep's Head peninsula' is used to count the number of members required e.g. 58 members resident on the Sheep's Head peninsula means that at least 7 members are required to put forward the motion (58 / 10 = 5.8, rounded up = 6 + 1 = 7). Voting members who are not resident on the Sheep's Head peninsula can put forward motions and / or be signatories to motions in accordance with procedures outlined above, but must be present in person at the meeting to vote. 'Resident on the Sheep's Head peninsula' refers to the count required throughout this document.