Association of Jersey Charities - Minutes of the 41st Annual General Meeting held 21st June 2012 at The Radisson Hotel.



Liz Le Poidevin (Chairman)
Christopher Renouf (Deputy Chairman)
Phillip Callow (Honorary Treasurer)
Lyn Roach (Administrator)
Simon Larbalestier (Honorary Secretary)
Helen Davies (Applications Review Officer)
Lynsey Beahan (Publicity Officer)

David Newman (Training Officer)

In attendance:
Professor Paul Palmer (Visiting Speaker)
97 members
8 guests following the AGM

1 Welcome and Apologies:
The Chairman welcomed members to the AGM. Apologies were received from 28 Members

2 Minutes of the Previous Meeting:
The minutes of the 40th AGM held on 23rd June 2011 were proposed by Rosemary Ruddy, seconded by Jason Wyse and signed off by the Chairman as a true record of the meeting.

3 To Receive the Annual Report from the Chairman:
The Chairman read the report to Members (see attached copy)

4 To Receive the Annual Report and Accounts from the Treasurer for Year Ending 31.03.11

A copy of the full report and accounts for the year ended 31 March 2012 was presented to the members and the treasurer, Phillip Callow, gave a verbal presentation summarising the Association's income, expenditure and balance sheet position.

Questions re the accounts answered by the Treasurer:
Re the rainy day fund withheld by the States of Jersey, does it accrue year on year?
Yes it does. We have had definite confirmation.
Note 5, costs of running management, the largest cost is the auditors. Please explain as it was understood that this was provided for free.
Homyard Accountants did complete them for free in the past however this concession is no longer available.
The audit was put out to tender and Bracken Rothwell have provided the most competitive quote.
Concerning the investment funds, are they performing as expected?
Performance is in the upper quartile which is good particularly in the present climate.

The Treasurer asked for the accounts to be adopted and they were unanimously accepted by the membership, subject to the auditor's approval, as follows:

Proposer to accept accounts: David Capps
Seconder: Malcolm Lewis
Approved by a show of hands.

5 To ratify the appointment of Bracken Rothwell as auditors

Proposed: Jon Hackwood
Seconded: David Capps
Agreed by a show of hands

6 To Appoint Bracken Rothwell as auditors for the year

Proposed: David Capps
Seconded: Stuart Stables
Agreed by a show of hands

7 To consider and if deemed appropriate to approve all or any of the following proposed amendments to the constitution (such amendments, if approved, shall not take effect until the same have received the subsequent approval of the Royal Court).

To delete the existing rule 5.2 (b) and replace it with the following:
(b) has at least ten members if an incorporated association or club or if a trust or company or other entity has, in the view of the Committee, sufficient controls in place for corporate governance purposes, and benefits a sufficiently wide sector of the public.
Proposed: Jon Hackwood
Seconded: Annette Lowe
Agreed by a show of hands

To delete the words "in June of each year" in rule 11.1 and replace them with the following:
"within 6 months of the financial year end as set out in rule 13.1"
Proposed: Edward Trevor
Seconded: Susie Pinel
Agreed by a show of hands

To add the following sentence to rule 14.1:
"The Committee shall have the power to fill a casual vacancy for the position of auditor provided that the auditor so appointed shall only hold office until the Annual General Meeting next following such appointment but shall be eligible for reappointment at the Annual General Meeting."
Proposed: Malcolm Lewis
Seconded: Annette Lowe
Agreed by a show of hands

8 Options to consider re the distribution of funds.

In accordance with 10.9 of the constitution, the committee wish the memberships to consider the following options:
Option 1: Increase the current annual grant limit to £30,000 in any one financial year.
Option 2: Make any surplus from C.I. Lottery proceeds and in general funds at each financial year end available to any member charity, regardless of any previous grants in the year.
Option 3: Increase the current annual grant limit to £30,000 in any one financial year and make any surplus from C.I. Lottery proceeds and in general funds at the financial year end available to any member charity, regardless of any previous grants in the year.
In addition Fiona Vacher suggested a 4th option 30K with the surplus capped. Helen Davies of the committee replied: therefore if we had funds remaining at the end of the grant year, we would be unable to distribute any excess.
Rosemary Ruddy stated that it must still be according to need, but there are many smaller charities who need it more at the moment. She suggested that it should be open and the surplus announced at the following AGM.
John Pinel commented that 20K to 30K is already a 50% increase but did propose an additional distribution of surplus 10K.
David Capps suggested that the membership leaves the distribution of surplus funds to the discretion of the committee.
After some discussion, the 4th option was not pursued.
Liz Le Poidevin asked the membership to consider the options and asked for a show of hands:
Option 1 obvious majority
Option 2 no one
Option 3 Five
Option 1 carried - the ceiling for grants will be £30K.

Election of Officers:
The existing officers agreed to remain on the Committee and as no other nominations had been received, were elected by the members as follows:

Liz Le Poidevin Chairman
Proposed: Susie Pinel
Seconded: Malcolm Lewis
Agreed by a show of hands

Christopher Renouf Deputy Chairman
Proposed: David Capps
Seconded Gerry Padden
Agreed by a show of hands

Phillip Callow Honorary Treasurer
Proposed: Jon Hackwood
Seconded: David Capps
Agreed by a show of hands

Simon Larbalestier Honorary Secretary
Proposed: Paul Richardson
Seconded: Susie Pinel
Agreed by a show of hands

Lynsey Beahan Publicity Officer
Proposed: Jon Hackwood
Seconded: Gerry Padden
Agreed by a show of hands

Helen Davies Applications Review Officer
Proposed: Susie Pinel
Seconded: Alison Le Feuvre
Agreed by a show of hands

David Newman Training and Events Officer
Proposed: Annette Lowe
Seconded: Sue Lees
Agreed by a show of hands


10 To expel 2 members for non payment of subscription
Jersey Hyperbaric Treatment Centre - 2 years non payment of subs
U 2 Them (Motor Neurone) - 2 years non payment of subs
Update at the AGM:
HD: both actually paid tonight prior to the AGM.
No members were expelled at this time.

11 Third Sector Forum

Chris Renouf presented an update re the Third Party Forum.
In 2008 a group of Health and Social Care charity representatives got together a working party which they called the Jersey Association of Voluntary Organisations or JAVO to review the operation of charities and third sector organisations and make recommendations for the promotion and consolidation of the sector.
When JAVO had completed their report it approached the AJC to carry on and execute its recommendations. Initially these were exclusively for the Health and Social Care sector but after discussions with the AJC these were broadened out to the whole charitable sector.
In 2009 the AJC made considerable changes to its Constitution as a building block to facilitate these proposals. Thereafter we put out a call for volunteers to help establish sub groups to represent the interests of various different sectors,
Unfortunately we had limited take-up by people but notably amongst those few was Fiona Vacher of Jersey Child Care Trust.
In 2009, when the Health and Social Services department sought to consult with the Third Sector, they could only get individual organisation's views. As a result, H&SS invited a group of 30 third sector organisations, who had responded to their consultation, to meet and H&SS shared the difficulties they had experienced in communicating with Third Sector organisations.
From that meeting, an initial committee was formed in 2010 to consider how to start up a Third Sector Forum for organisations in Jersey. Discussions took place with the AJC again and the Third Sector Forum is now a Sub Committee of the AJC
There is some formality to the arrangement, to protect all parties - particularly the AJC's relationship with the States of Jersey, and to provide a clear agenda to the Third Sector Forum.
A 2 year Service Level Agreement has been signed between the States and the AJC and there is a Memorandum of Understanding between the AJC and Third Sector Forum setting out how the sub-committee will operate.

Funding of £120,000 was secured over a 2 year period which will be used to cover expenses and pay for the salary of a Development Officer.
We are presently recruiting for this post and first interviews are next week. The main tasks of the Development Officer are to assess the strengths and weaknesses of the voluntary sector and devise a plan as to how best support the Sector and the services delivered by it.
The first members of the TSF Sub Committee represent a broad church of Charities/Not for Profit Organisations and are
Name Charity Position
Jim Hopley Cheshire Homes Chairman (amongst others)
Peter Tabb Lions Club Vice Chairman
Trisha Tumelty Brighter Futures
Fiona Vacher Jersey Child Care Trust
Lesley Harrison Prison Me No Way
Jason Wyse Silkworth Lodge
Colin McLeod Channel Islands Co-operative
Stephen Coleman, JSPCA
Kevin Lemasney The One Foundation
+ one AJC Committee Representative
It has taken some time but the Third Sector Forum is now up and running and finding its feet.
Christ Renouf asked Jim Hopley to make himself known and advised the attendees that if further information is required to speak to Jim directly.
12 Any Other Business:

Question from John Pinel:
Would the committee please update the membership re the proposal to introduce a charity commission?
Answer from Phillip Callow:
It is still dependent on the introduction of a charity law. The draft law is complete however; the intention is to introduce it hand in hand with a change in trust law which PC believes will be introduced later this year.
It is promising that government is now engaging with third sector. They potentially owe local charities a duty of care to ensure we are appropriately regulated.
The AGM closed at 7.20pm

Liz Le Poidevin introduced Professor Paul Palmer. He is an eminent UK scholar who spoke to the membership about the public benefit of charities and what it means in theory and practice. This is particularly pertinent as public benefit is the keystone of Jersey's proposed legal charity definition.

Please find attached a copy of his presentation:

8.00pm: Liz Le Poidevin thanked Professor Palmer for his speech on behalf of the AJC and adjourned for refreshments.

Date of Next Meeting:
The next meeting of officers will be held on Wednesday 19th September 2012 at the RBC Offices, Colomberie, St Helier.

Signed Chairman..............................................................................