Post by Joe K on Apr 15, 2013 12:57:22 GMT
For those that don't use Facebook (yes, you, Kay), this letter was delivered by hand to members of the Baton & Tredworth Community Trust (which is easier when two thirds of the membership have been pared away in a misguided effort to reduce the quorum requirement, still a minimum of 20 however many members were dumped), this morning:
99 Barton Street, Gloucester, GL1 4HR
Phone 01452 544938
Email: mail@btect.co.uk
Dear Member,
Re: Future of Barton Tredworth Community Trust
You may already be aware that the Annual General Meeting held in November was again inquorate. Therefore the decision at that meeting was to try and reach an agreement remotely from the membership.
The board then sent out letters and minutes, to the 67 members registered, asking you to review the minutes and let the board know if you agree with the 'in principal' decisions taken at the inquorate AGM.
I am afraid, the return was less than impressive, only 6 responses were returned, of these:
- 100% agreed all existing board members could/should retire
- 85% agreed that Paul Harris (sic) should join the board
- onle one further nominee for the board membership
This leaves the existing board members with the dilemma of not being able to retire: as we would be in breach of charity legislation to retire leaving the organisation with inadequate levels of management and with only two board members this would be the case. Knowingly or intentionally leaving an organisation with insufficient managerial structure would leave the trustees open to a charge of negligence
We have therefore sought advice of the charities commission and we are now at a point where we can share the result with the membership.
Our only option is to formally seek closure of the Barton & Tredworth Community Trust, following the guidance of the Charity Commission Guidance CSD 1077A, section 7.2:
Reason for closure
7.2.3 Lack of trustees - The charity cannot find sufficient trustees to continue operating
7.2.8 Lack of members/supporter - Most probable in a charity that relies on volunteers and active members
Residual funds from the sale of the Trust Centre will be invested into a trust fund which will not be accessible until at least two years from its initial set up. This fund, which will be managed by a newly constituted BTD, will receive additional finds from BTD through profits made from their role as a socially responsible landlord. This should result in there being a Barton & Tredworth Trust Fund grant round in 2015-2016. It is also envisaged that BTD will manage the community garden.
I hope you will support us in this way forward.
Alternatively if at least ten members would like to come forward to make up a workable board; BTCT will be able to carry on in its current format.
Comments and nominations to the board can be sent to the BTD at the address at the start of this letter. Please be advised that there is a limited timescale to this so reponses should be submitted on or before 22nd April 2013.
Your sincerely,
C Francis (Mrs)
Chairperson
Anyone interestd in becoming a trustee (we only need five more), contact the BTD, and Paul Harries at paulharries1957@yahoo.co.uk, so we have an independent record of the tally.
Trustees don't have to attend every meeting, or any, as long as enough attend to form a quorum (less than five, IIRC, thanks to low ambition and constitutional changes).
We need to keep the trust going, or lose more say in where the authorities spend money in our area, so please give this some thought.
99 Barton Street, Gloucester, GL1 4HR
Phone 01452 544938
Email: mail@btect.co.uk
Dear Member,
Re: Future of Barton Tredworth Community Trust
You may already be aware that the Annual General Meeting held in November was again inquorate. Therefore the decision at that meeting was to try and reach an agreement remotely from the membership.
The board then sent out letters and minutes, to the 67 members registered, asking you to review the minutes and let the board know if you agree with the 'in principal' decisions taken at the inquorate AGM.
I am afraid, the return was less than impressive, only 6 responses were returned, of these:
- 100% agreed all existing board members could/should retire
- 85% agreed that Paul Harris (sic) should join the board
- onle one further nominee for the board membership
This leaves the existing board members with the dilemma of not being able to retire: as we would be in breach of charity legislation to retire leaving the organisation with inadequate levels of management and with only two board members this would be the case. Knowingly or intentionally leaving an organisation with insufficient managerial structure would leave the trustees open to a charge of negligence
We have therefore sought advice of the charities commission and we are now at a point where we can share the result with the membership.
Our only option is to formally seek closure of the Barton & Tredworth Community Trust, following the guidance of the Charity Commission Guidance CSD 1077A, section 7.2:
Reason for closure
7.2.3 Lack of trustees - The charity cannot find sufficient trustees to continue operating
7.2.8 Lack of members/supporter - Most probable in a charity that relies on volunteers and active members
Residual funds from the sale of the Trust Centre will be invested into a trust fund which will not be accessible until at least two years from its initial set up. This fund, which will be managed by a newly constituted BTD, will receive additional finds from BTD through profits made from their role as a socially responsible landlord. This should result in there being a Barton & Tredworth Trust Fund grant round in 2015-2016. It is also envisaged that BTD will manage the community garden.
I hope you will support us in this way forward.
Alternatively if at least ten members would like to come forward to make up a workable board; BTCT will be able to carry on in its current format.
Comments and nominations to the board can be sent to the BTD at the address at the start of this letter. Please be advised that there is a limited timescale to this so reponses should be submitted on or before 22nd April 2013.
Your sincerely,
C Francis (Mrs)
Chairperson
Anyone interestd in becoming a trustee (we only need five more), contact the BTD, and Paul Harries at paulharries1957@yahoo.co.uk, so we have an independent record of the tally.
Trustees don't have to attend every meeting, or any, as long as enough attend to form a quorum (less than five, IIRC, thanks to low ambition and constitutional changes).
We need to keep the trust going, or lose more say in where the authorities spend money in our area, so please give this some thought.