MEC Service Charter

Mayo Education Support Centre
Ionad Oideachais Mhaigh Eo
Constitution

Preamble
This constitution will at all times be in accord with the documents Guidelines for the Administration of Education Centres and Financial and Other Procedures issued by the Department of Education and Skills (hereinafter ‘the Department’).

1 Name

1.1 The name of the Centre shall be Mayo Education Support Centre (hereinafter ‘the Centre’) or in Irish, Ionad Tacaíochta Oideachais Mhaigh Eo

2 Objects

2.1 In accordance with Section 37(1) Education Act, 1998 the main object of Mayo Education Support Centre shall be to provide services for schools, teachers, parents, boards and other relevant persons, which support them in carrying out their functions in respect of the provision of education.

3 Subsidiary Objects

3.1 In furtherance exclusively of the foregoing main object, the Centre shall, to the extent that their resources permit:

(a) provide training, development and support for teachers and the wider school community, both in terms of meeting locally researched and identified teacher and school community needs and also through involvement in national inservice training programmes.

(b) be involved, as a major strategic resource within education, in a range of national and other projects, programmes and initiatives as may be decided by the Minister, following consultation and in partnership for implementation in the education system, from time to time

(c) act as far as possible as a resource and meeting centre for the local school community.

(d) produce educational goods and provide educational services as are appropriate to the furtherance of the main object

(e) actively promote its role in regard to all of its major objects

(f) observe the terms of circulars which may be issued by the Department to Centres from time to time.

4 Powers

4.1 To the extent that the same are essential or ancillary to the promotion of any of the objects hereinbefore set out Mayo Education Support Centre may exercise all or any of the following powers, that is to say:

(a) To purchase, take on lease or in exchange hire or otherwise acquire any real or personal property, patents, copyrights, licenses, rights and privileges, which the Centre may require for the advancement and promotion of its said objects.

(b) To accept grants or gifts of money or other personal property or real property.

(c) To invest and deal with the monies and property of the Centre not immediately required in such manner as will most effectively provide for the promotion of the said objects and this power shall include power from time to time to vary any investments made thereunder.
Prior permission to be sought from Revenue where it is intended to accumulate funds for a period in excess of 2 (two) years

(d) To do all such other lawful things as may be necessary for, or ancillary to the furtherance and promotion of the said objects.

Rules

5 Membership

5.1 Membership of a Centre shall be open to all teachers who are normally resident or teaching in the general area in which the Centre is located and who are qualified for employment in recognised first-level, second-level, and further education facilities, including those currently employed in areas such as Youthreach, VTOS and Adult Education, and who are registered with the teaching council. Representatives of parents and school management in the Centre's area who have been nominated to the Centre's Management Committee in accordance with paragraph 5.1 may also become members of the Centre.

5.2 A teacher from outside the area served by the Centre may become a member of that Centre at the discretion of the Management Committee.

5.3 Other persons may also become members, at the discretion of the Management Committee and with the agreement in principle of the Department.

5.4 A register of members shall be maintained at the Centre.

5.5 Non-members will not be admitted to meetings, including sub-committee meetings and the AGM, except by invitation of the Management Committee and subject to paragraph 9.3.

6 Management

6.1 The Centre shall be managed by a Management Committee consisting of:

(a) 9 - 12 teacher members elected by teacher members at the annual general meeting of a Centre. Due regard will be given to achieving a balance between primary and post primary teachers, as far as is reasonably possible.

(b) not more than 3 persons who may be co-opted annually by the Management Committee as either voting or non-voting members.

(c) not more than 2 members representative of parents in the Centre's area nominated by the Parent bodies recognised by the Education Act and any legislation or amendment (one each from the Primary and Post Primary).

(d) not more than 2 members representative of school management in the Centre's area (one Primary and one Post Primary), nominated at a meeting of representatives of school management in the area held annually for the purpose.

(e) the names of those nominated in accordance with paragraphs 6.1 (c) and 6.1 (d) shall be forwarded to reach the Centre in advance of the AGM.

(f) due regard will be given to gender balance across the Committee, as far as possible.

(g) the Director of the Centre will act as Secretary to the Committee.

(h) the minimum number of persons on a Management Committee shall be nine, with the majority being teacher members.

(i) in the event of a Centre not being able to constitute a Management Committee as provided above, an alternative structure may be proposed to the Department for sanction.

(j) A quorum shall comprise seven members.

6.2 The officers of the Management Committee shall consist of a Chairperson, Vice-Chairperson and Honorary Treasurer & PRO, elected annually by the Management Committee from amongst its members. A person may not hold a position as officer, other than as Director/Secretary, for more than five consecutive years.

Where officer positions become vacant during the year, they may be filled for the remainder of the year by the Management Committee in the same manner as the original appointments were made.

The Chairperson will be elected from among the teacher members of the Management Committee as will at least one of the other officers.

6.3 The Management Committee shall be responsible for ensuring that the Centre carries out its full range of functions in an effective and efficient manner and that the terms of Department Guidelines, the Financial Procedures and any other Circulars, terms and conditions relevant to the Centre, notified by the Department, are fully and completely observed.

6.4 The Management Committee will decide the frequency of its meetings.

7. Director

7.1 The Director of the Centre shall be appointed by the Management Committee for a specified period of time following selection by open competition from among serving teachers, on a secondment basis and subject to contract and in accordance with the requirements and sanction of the Minister.

7.2 Where the post of Director is vacated for any reason a successor will be appointed in accordance with 7.1 above.

7.3 The remuneration and other conditions of appointment of a Director will be as approved from time to time by the Department, with the agreement of the Minister for Finance. Such remuneration will be paid by the Department.

7.4 The Director will be chief executive of the Centre and will be responsible to the Management Committee. The Director, in conjunction with the officers of the committee, will have responsibility for day-to-day management of the Centre and its operations.

8 Financial and Other Procedures

8.1 The financial management of the Centre will be in accordance with the terms of the document Financial and other Procedures issued by the Department

9 Annual General Meeting and Other Meetings

9.1 An annual general meeting shall be held by 30th April each year. The meeting shall be open to all members of the Centre who are members for at least three months before the date of the AGM.

9.2 The following business shall be transacted at the annual general meeting:

(a) amendments to the Centre's Constitution: amendments to the Constitution must be adopted by at least two-thirds of the members present and voting.

(b) the election of the teacher members of the Management Committee by the teacher members present

(c) consideration of a draft annual report prepared by the Director for the year ending on the preceding 31 December

(d) consideration of the audited accounts for the year ending on the preceding 31st December and the Honorary Treasurer's report for the same period

(e) consideration of both long and short term goal/plans for the development of the Centre, which will include a specified programme of activities by the Centre for the current calendar year.

9.3 Representatives of the Teacher Education Section (TES) of the Department shall be invited to attend the AGM as observers, and local educational bodies or groups may also be invited to attend.

9.4 Notice of the holding of the annual general meeting, including an agenda and the time and venue, shall be communicated, through schools where possible, to all members to reach them at least ten days in advance of the meeting. A notice indicating the time and venue of the meeting will also appear in a newspaper having general circulation in the area served by the Centre at least ten days in advance of the meeting. A copy of the notice and the agenda shall be sent to the Department at least ten days in advance of the meeting.

9.5 The Management Committee may call such further general meetings for particular purposes as it sees fit from time to time in the course of the year. The provisions concerning attendance and notification for annual general meetings will apply in the case of these special meetings except in the case of emergency meetings when the manner and period of advance notice may be decided by the Management Committee.

10 Form of the Annual Report

10.1 The Annual Report will cover all the activities of the Centre and will include the following:

(a) A list of the Management Committee Members and the positions held

(b) The minutes of the previous annual general meeting

(c) A report of the activities of the Centre in the twelve-month period ended on the preceding 31 December, including statistical data, financial statement and executive summary

(d) A programme of short and long term future activities, in accordance with the requirements of Par 9.2 (e)

(e) An inventory of equipment

(f) An analysis of Centre use during the previous year

(g) An outline of activities to promote networking among Centres

(h) A report on Health and Safety in the Centre with details of fire drills, and checks carried out in the previous twelve months

10.2 A copy of the Annual Report will be forwarded to the Department within one month of the AGM and to the Revenue Commissioners on request.

11. Income and Property

11.1 The income and property of the Centre, shall be applied solely towards the promotion of the main objects of the Centre as outlined in paragraphs 2 and 3. No portion of the Centre’s income or property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Centre. No officer shall be appointed to any office of the Centre paid by a salary or fees, or receive any remuneration or other benefit in money or money's worth from the Centre.

11.2 Nothing in paragraph 11.1 shall prevent the payment, in good faith by the Centre of:

(a) reasonable and proper remuneration to any member or servant of the Centre (not being an officer) for any services rendered to the Centre in the course of the promotion of the objects of the Centre and of the execution of the powers contained in paragraph 3.

(b) interest at a rate not exceeding 5% per annum on money lent by a director/officer or other member of the Centre to the Centre;

(c) reasonable and proper rent for premises demised and let by any member of the Centre (including any officer) to the Centre;

(d) reasonable and proper out-of-pocket expenses incurred by a member of Management Committee/officer in connection with their attendance to any matter affecting the Centre;

(e) fees, remuneration or other benefit in money or money's worth to any company of which a director/officer may be a member holding not more than one hundredth part of the issued share capital of such company.

12 Winding-up

12.1 If upon the winding up or dissolution of the Centre there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Centre but shall be given or transferred to the Department of Education and Skills. If and so far as effect cannot be given to such provisions any property shall be given or transferred to some other charitable institution or institutions having main objects similar to the main objects of the Centre and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as imposed on the body under or by virtue of Clause 11.1 and 11.2 hereof, such institution to be determined by the members of the body at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then to some charitable object.

13 Commencement Date and Review

13.1 These arrangements will come into effect from 9th March 2009 and will operate until further notice.

13.2 The operation of these arrangements will be kept under review with a view of making any necessary amendments in the light of experience.

14.1 Keeping of Accounts

Annual audited accounts will be kept and made available to the Revenue Commissioners on request.

15.1 Additions, alterations and amendments clause

No addition, alteration or amendment shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the Revenue Commissioners.

_______________________________
Áine McAlpine, Chairperson

Date: 29.09.2022