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Report Number PC/07/02

To: Parish Council
Date: 9 January 2008
Status: Public Report
Responsible Officer: Parish Clerk

SUBJECT: HAWKINGE COMMUNITY CENTRE

SUMMARY:

This report outlines the role of the Parish Council Representative on the Hawkinge Community Centre Trustee Board and gives an update on the progress of work being undertaken by Case Kent.

REASON FOR RECOMMENDATIONS:

The Council is asked to agree the recommendations set out below because:

1. The Council wishes to provide the best service it can for local residents.

2 To monitor the progress being made to incorporate the Community Centre and the work being undertaken by Case Kent.

3. Because the Parish Council wishes to take an active role as Stakeholder in the future of the Community Centre.

RECOMMENDATION:

1. To receive and note Report PC/07/01.

1. INTRODUCTION

1.1 The Parish Council has been working with the Hawkinge Neighbourhood Partnership, other stakeholders and the Community Centre Trustees Board to ensure the future of the Hawkinge Community Centre.

1.2 Case Kent has been employed as an external contractor to support Hawkinge Community Centre. Case Kent submitted and project brief entitled Community Centre Capacity Building Brief in February 2007 and this contract was extended later in the year. These briefs are available from the Clerk.

2. CASE KENT

2.1 The Parish Council and the other stakeholders have been working with Case Kent as they have progressed towards incorporating the company by ensuring that paperwork for setting up the new company limited by guarantee is submitted, a new trustees board and new trustees are recruited and elected based on the skills and commitment they will bring, draw up the membership criteria and begin the membership drive (once the determination of the legal structure of the organisation to which the membership applies has been ascertained).

2.2 Appendix 1 sets out the latest progress to date, some outcomes are expected imminently and other delays can be seen.

3. PARISH COUNCIL REPRESENTATIVE ON THE TRUSTEE BOARD

3.1 The Parish Council has appointed Councillor George Hodgson as its representative on the Trustee Board. This has been the main means of communication between the Parish Council and the Community Centre Board of Trustees. Councillor Hodgson makes regular reports on progress at Parish Council Meetings. Councillor John Heasman is also the Chairman of the Board of Trustees. However, this often leads to both Councillors having to declared personal and prejudicial interests when the Community Centre is discussed.

3.2 This is an opportunity to clarify the role and responsibilities of the Parish Council representative on the Hawkinge Community Centre Trustee Board. The constitution on the unincorporated charity states that the Executive Committee, ie the Trustee Board, shall have on it a member nominated by Hawkinge Parish Council. However, guidance from the Charity Commission is as follows:

3.3 “As a trustee of the said charity each member of the committee is required by law to act in the interest of the charity, not in their own or those of the group by whom they were appointed”.

3.4 In other words Councillor Hodgson can put forward the views of the Parish Council when he attends Community Centre Board Meetings, when he is acting as a Trustee of the Community Centre he must act in the best interest of the Community Centre, which may not necessarily be in the interests of the Parish Council. Councillor Hodgson is a trustee in his own right and as such has a legal responsibility for the Community Centre; he would still be a trustee if he were to resign as a Parish Councillor unless some separate action was taken.

3.5 Experience shows that the existence of nominated members of a trustee board has often been confusing and has led to potential conflicts of interest.

3.6 The constitution of the new incorporated charity does not make reference to nominated trustee members, so as soon as the unincorporated charity is wound up trustees will be voted in at Annual General Meetings and there will not necessarily have to be a representative from the Parish Council.

4. CONCLUSION:

In view of the advice given about the role and responsibilities of the Parish Council representative on the Board it would be appropriate for any questions to be sent to the Trustee Board so that a considered response can be given, otherwise Councillor Hodgson and Councillor Heasman may be in a difficult position where there is a definite conflict of interest.

5. LEGAL/FINANCIAL AND OTHER CONTROLS

5.1 There are no further extensions to the contract with Case Kent expected for 2008/09.

6. CONTACT OFFICER AND BACKGROUND DOCUMENTS
Councillors with any questions arising out of this report should contact the following officer prior to the meeting:

Tina Wiles, Clerk and Responsible Financial Officer.
Tel: 01304 242704, 01303 893681 or EmailClerk@hawkingepc.org.uk

The following background documents have been relied upon in the preparation of this report:

Data from the Hawkinge Parish Council Community Centre file.

Appendix: Hawkinge Community Centre Progress update as 19 December 2007.