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Page 1: TBA Handbook (December 2011) Page 1 - Microsoftbtckstorage.blob.core.windows.net › site5887 › TBAHandbook.pdfTBA Handbook (December 2011) Page 3 Introduction This booklet sets

TBA Handbook (December 2011) Page 1

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TBA Handbook (December 2011) Page 2

Introduction .............................................................................................. 3

Constitution .............................................................................................. 4

Rules and Regulations ............................................................................... 8

Plot Cultivation & Maintenance Policy ................................................... 12

Complaints Procedure ............................................................................ 14

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TBA Handbook (December 2011) Page 3

Introduction

This booklet sets out the formal documentation of the Trinley Brae Allotments Association.

Constitution and General Rules & Regulations

Our Constitution and General Rules and Regulations are in place to benefit all members of the

Association. All new members receive copies, and agree to abide by them. The rules are not

intended to inhibit enjoyment of your hobby, rather they are there to help us maintain a safe and

pleasant environment for everyone.

In accepting a plot at Trinley Brae Allotments and signing the accompanying missive, plotholders

also accept these regulations and procedures and agree to abide by them.

Plot Cultivation & Maintenance Policy

This policy was formally agreed at the Association’s Annual General Meeting in November 2011.

Complaints Procedure

This procedure was also formally agreed at the Association’s AGM in November 2011.

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Constitution

1. NAME OF ASSOCIATION

1.1. An association of Allotment holders shall be formed and will be called Trinley Brae

Allotment Association.

2. OBJECTIVES

The objectives of the Association shall be:

2.1. To manage the allotment site in an effective manner and in accordance with the Glasgow

City Council Rules and Regulations and the Association’s General Rules and Regulations.

2.2 To promote and develop tenancy of all plots on the site in the best interest of the

Association members.

2.3 To manage the Association’s finances at all times, ensuring best use is made of available

funds for the benefit of the Allotment Association.

3. MEMBERSHIP

3.1. The Association’s members will be those persons whose names appear on the missives of

let as registered with Glasgow City Council. To be eligible for an allotment applicants must

(firstly) become a member of the Association. Prospective members will be shown round

the site by member(s) of the Committee. Membership is entirely at the discretion of the

Committee.

3.2 The Rules and Regulations of the Association must be adhered to otherwise membership of

the Association will be withdrawn. Termination of the let will also terminate membership

of the Association.

3.3 Plots must be maintained in a satisfactory condition. The Committee aims to support

plotholders to cultivate their plots as much as possible. Typically, they will email a ‘letter of

concern’ or have a brief chat with plotholders as a gentle reminder before beginning any

warning process for uncultivation. Should plots fall below the accepted standard:

1. An initial written warning will be given to the plotholder giving them 21 days in which

to rectify matters.

2. If necessary this will be followed by a second written warning of 14 days.

3. Then a FINAL written warning of 7 days.

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Should the plotholder have still failed to cultivate their plot to the required standard they

shall be notified in writing to vacate their plot and return their gate key(s) within 14 days.

The plotholder has the right of appeal to the Director of Land Services during this period.

3.4 In the event of a plotholder being reported to the Committee for ‘Unacceptable Behaviour’

i.e. Drunkenness, Aggression, etc. and the charge being substantiated to the satisfaction of

the Committee, they will be asked to appear before the members at the Annual General

Meeting when they can speak on their own behalf and when the members can vote on

whether they should have their membership of Trinley Brae Allotment Association

renewed. Since the membership of the Association is a pre-requisite, they would no longer

qualify for a plot if voted against. There is no appeal in these circumstances. This action

can also be taken in some circumstances where the condition of a plot causes concern.

3.5 Missives and Membership fees are due at the Annual General Meeting (A.G.M.) The

Secretary returns completed missives to the Council, which then invoices members for

annual rent.

4. COMMITTEE

4.1. The business and affairs of the Association shall be controlled and managed by a

Committee which shall be elected at the Annual General Meeting of the Association. The

Committee shall carry out instructions which may be given them by the members of the

Association at General Meetings.

4.2. The Committee shall comprise of the following:

Chairman

Vice Chairman

Secretary

Treasurer

Committee Members (no less than four other members of the Association)

Chairman: Shall chair all meetings of Association members. In the absence of the

Chairman, the Vice Chairman will chair the meeting.

Vice Chairman: Shall assist the Chairman and deputise for him in his absence.

Secretary: Shall record minutes of all general and committee meetings of

Association, attend to correspondence and maintain a register of all

members.

Treasurer: Shall attend to all financial matters of the Association and shall

maintain an accurate account of all transactions.

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4.3 The Officers shall be elected for a period of two years and may stand for re-election. Other

Committee Members shall be elected annually and may stand for re-election. Any member

unable to attend the A.G.M and willing to be re-elected must give notice in writing to the

Secretary.

5. ANNUAL GENERAL MEETING

5.1 The Annual General Meeting of the Association members shall be held in November of each

year. Written notice of the A.G.M. will be provided to all members 21 days prior to the

date of the meeting.

5.2 The following business will be transacted at the A.G.M.:

� Approval of Minutes of previous A.G.M.

� Approval of Audited Accounts

� Approval of Annual Report

� Election of Officers and Committee Members

� Appointment of Auditors

� Set Membership Fees

5.3 The Quorum for an Annual General Meeting shall be 10 members or 30% of the

membership, whichever is the higher figure.

6. EXTRAORDINARY GENERAL MEETING

6.1. An Extraordinary General Meeting (E.G.M.) shall be convened by giving at least 10 days’

notice to all members stating the purpose for which the meeting is convened and no

business other than that stated shall be transacted at the meeting.

6.2 An E.G.M. shall be convened within 21 days of receipt by the Secretary of a written request

by an Association Member stating fully the purpose for which the meeting is to be called.

7. COMMITTEE MEETINGS

7.1 Meetings of the Committee will be held regularly for the control, transaction and

management of the business and affairs of the Association. A minimum of seven days’

notice of the meeting will be given to all Committee members. The quorum for Committee

meetings shall be five. A minimum of four committee meetings will be held each year.

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8. VOTING ARRANGEMENTS

8.1. At all meetings issues put to the vote shall be determined by a simple majority. All

members attending the meeting shall have one vote.

9. FINANCE

9.1. The financial year shall end on 31st

December of each year.

9.2. The financial records of the association shall be maintained by the Treasurer and a financial

report shall be made available at each Committee meeting.

9.3. The Accounts shall be audited annually.

9.4. All funds belonging to the Association shall be deposited in bank accounts in its name.

9.5 Any cheques authorising payment from the funds of the Association or any withdrawals

must be signed by any two of three signatories appointed at Annual General Meeting.

10. DISSOLUTION

10.1. A motion to dissolve the Association may only be considered at an E.G.M. called for that

purpose. Surplus funds remaining on dissolution and after all outstanding debts are paid

shall be disposed of by agreement of the members.

11. RULES AND REGULATIONS

11.1. The Rules and Regulations of the Allotment site shall be agreed by the Association at its

A.G.M.

12. ALTERATIONS TO THE CONSTITUTION

12.1 Alteration to this Constitution can only be made by resolutions passed at an A.G.M.

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General Rules and Regulations

1. LETTING OF PLOTS

1.1. Allotment Plots shall only be let to persons residing within the boundary of the City of

Glasgow.

1.2. A plotholder shall only be permitted to let one plot from Glasgow City Council.

1.3. Application to lease a plot shall be submitted on forms provided for that purpose.

Completed application forms shall be submitted to the Secretary of Allotment Association

for which application is being made.

1.4. The Secretary will ensure that all applications are presented to the Association’s

Committee at the next Committee meeting for their approval. When no vacant plots are

available, a register/waiting list of applicants will be maintained. Existing plotholders

seeking to move to another plot will make application to the Committee for an exchange.

1.5. Successful applicants will be offered a plot and upon acceptance will make a payment

equal to one year’s plot rental and Association membership which shall be the rent from

date of entry until the 31st

of December of that year.

1.6. Plots are allocated to new members on a trial basis of one year at the end of which time

renewal of missives will be reviewed.

1.7. The period of let shall be from the date of entry or, in the case of a renewal of tenancy,

from the 1st

of January of each year until 31st

of December following.

1.8. Termination of membership shall be notified to the Committee immediately.

2. CULTIVATION OF PLOTS

2.1. Plotholders are expected to have their plots fully cultivated by the end of April in order to

get the most from the main growing season, i.e. their plot should either be: well-

underway in the process of being prepared for crops; in readiness for growing; or be well-

stocked with growing produce.

2.2. Plotholders should maintain plots in a weed-free and tidy manner, ensuring the removal

of seed-heads before they set, and controlling pernicious weeds such as couch grass,

ground elder, brambles and mare’s tail.

2.3. Plotholders should ensure that all waste material, prunings, etc, are disposed of by

suitable means:

� suitable vegetable waste to be composted

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� non-compostable material to be removed to cage when available or otherwise taken

off site

� the burning of rubbish is not permitted

2.4. Plotholders should ensure that all pathways within plots, immediately surrounding and

adjacent to plots are maintained in a tidy, weed and hazard-free condition. Grass paths

should be kept trimmed.

2.5. Plotholders should ensure that any hedges in and around plots should be regularly

trimmed and maintained at a height acceptable to the Association Committee.

2.6. Any uncultivated land must be either: temporarily covered to smother weeds; be planted

with a green manure to facilitate fertility; be cleared and awaiting planting.

3. STRUCTURES

3.1. No structure shall be erected on a plot without consent from the Association Committee.

3.2. Prior to the erection of a glasshouse, shed or other building, the plotholder will provide

construction details to the Association Committee for approval. Details required:

� Type of structure

� Size of structure

� Height of structure

� Building materials

� External colour

3.3. The location on any plot of any new structure shall be agreed with the Association

Committee and shall not result in any adverse affect on neighbouring plots.

3.4. Plotholders are responsible for the maintenance and upkeep of any structure on their

plot.

3.5. When any structure is to be demolished, the plotholder shall ensure that all waste

materials are removed from the allotment site.

3.6. All members are responsible for the maintenance and upkeep of their own boundary

fences. The main pathways outside each plot are to be kept weed-free and maintained in

a tidy condition. This is the responsibility of each plotholder.

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4. CODE OF CONDUCT

4.1. Plotholders will carry out their work and leisure on the plots with due regard to the

interest of all neighbouring plotholders and to neighbouring properties.

4.2. Excessive noise shall not be permitted on the plots.

4.3. Bonfires are not permitted on the plots.

4.4. No member shall enter or leave the grounds other than by the authorised gateways.

4.5. All children should be supervised by accompanying adult members for their own safety,

particularly near the wildlife pond, and should only enter another plot at the plotholder’s

invitation.

4.6. Members will be responsible at all times for visitors they allow onto the site. Visitors

must not be allowed to walk around the site unaccompanied.

5. LIVESTOCK

5.1. Dogs shall not be kennelled on the plots. Dogs brought onto the plots must be kept under

control at all times.

5.2. Livestock shall not be kept on the plots.

5.3. Pigeons shall not be kept on the plots.

6. SECURITY

6.1. No strangers are allowed to enter and wander round the site. A Committee member must

be called upon to answer any enquiry at the gates.

6.2. The key to the allotment site is in the missive holder’s name and is not transferable.

There will be a deposit of £2.00 for the key which is refundable on the termination of

missives and return of the key.

6.3. Each of the boundary gates is padlocked and must be locked at all times on entering and

leaving the premises.

6.4. Plotholders are responsible for security of any greenhouse, shed etc., on their plot.

6.5. No plotholder will enter an unlet plot to remove any item.

6.6. Plotholders are responsible for ensuring communal buildings (e.g. toilets and communal

shed) are kept secure.

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6.7. Any plotholder found on another member’s plot removing any item without consent is

liable to lose their membership of the Association and therefore forfeit the tenancy of

their plot.

7. MISCELLANEOUS

7.1. In the event of any dispute regarding the interpretation of these rules, the matter shall be

referred to the General Meeting of the Association whose decision shall be final.

7.2. Any proposed alterations, additions or amendments to these rules must be in the hands

of the Secretary, in writing, at least 14 days prior to the A.G.M.

7.3. Any change of address must be notified to the Committee.

7.4. When a plotholder is away on holiday, he may arrange to have someone tend his plot and

greenhouse, but the member must notify the Secretary of arrangements in writing prior

to the visitor entering the plots.

7.5. In the event of illness, members are asked to notify the Committee and steps will be taken

to ensure assistance is given in maintaining the plot.

7.6. The date and time of Committee meetings are posted on the notice board and members’

queries will be dealt with at such meetings. Any news regarding the plots is posted on the

notice board and you are advised to check this on entering the site.

7.7. Work parties carry out various remedial works on site and all members are asked to

volunteer and assist the Committee in maintaining the site in good order.

7.8. Skips must only be used for rubbish generated on the plots and which cannot be

composted. Rubbish must not be brought onto the site or deposited in the skip.

7.9. Use of mains water must be kept to a minimum. Plotholders are encouraged to collect

rain water for irrigating crops.

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TBA Handbook (December 2011) Page 12

Plot Cultivation & Maintenance Policy

Revised Required Standards

(extract from TBA Rules & Regulations, amended November 2011))

2. CULTIVATION OF PLOTS

2.1 Plotholders are expected have their plots fully cultivated by the end of April in order to

get the most from the main growing season, i.e. their plot should either be: well-

underway in the process of being prepared for crops; in readiness for growing: or be well-

stocked with growing produce.

2.2 Plotholders should maintain plots in a weed-free and tidy manner, ensuring the removal

of seed-heads before they set, and controlling pernicious weeds such as couch grass,

ground elder, brambles and mare’s tail.

2.3 Plotholders should ensure that all waste material, prunings etc, are disposed of by

suitable means:

� suitable vegetable waste to be composted

� non-compostable material to be removed to cage when available or otherwise taken

off site

� the burning of rubbish is not permitted

2.4 Plotholders should ensure that all pathways within plots, immediately surrounding and

adjacent to plots are maintained in a tidy, weed and hazard-free condition. Grass paths

should be kept trimmed

2.5 Plotholders should ensure that any hedges in and around plots should be regularly

trimmed and maintained at a height acceptable to the Association Committee.

2.6 Any uncultivated land must be either: temporarily covered to smother weeds; be planted

with a green manure to facilitate fertility; be cleared and awaiting planting.

In Practice

Existing plotholders will be expected to cultivate or maintain the standards on uncultivated land

unless the Committee agrees otherwise.

New plotholders (those who take on plots after 1st

January) will be expected to work towards the

required standards too. However, the Committee will take into account a) the time of year the

plot is let and b) the condition of the plot when agreeing any targets and timescales with the new

Plotholder at the time of let. The current Rules allow a trial period of one year for new members.

Monitoring

A sub committee consisting of three Committee members will carry out general inspections of all

plots on a quarterly basis, with the first of these being carried out in March.

The purpose of these will be to assess whether sufficient progress is being made to reach and

maintain the agreed cultivation and maintenance standards, as well as noting any non-

conformance of rules and regulations.

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Plotholders who fail to meet the required standards would initially receive a Letter of Concern.

This would ask that they make improvements and/or advise the Committee of any issues that

might be preventing them from maintaining their plot, so that a solution can be found.

However, if the condition of the plot continues to be unacceptable, written warnings, as set out

in Paragraph 3 of the Constitution, would be issued. These would start with 21 days’ notice to

rectify matters (First Written Warning), followed by 14 days (Second Written Warning) and then

a further 7 days (Third and Final Written Warning).

If after the Third and Final Written Warning, the plot still remains in an unacceptable condition

and the Committee have not been advised of any extenuating circumstances within 7 days, then

the Plotholder would be notified in writing to vacate their plot and return their gate key(s) within

14 days. They would have the right to appeal to the Allotments Officer, Land and Environmental

Services, Glasgow City Council, during this period of 14 days.

Throughout this process, where illness or other such reasons prevent the plotholder making the

required improvements, the Committee will have the discretion to pause the process, or retract a

warning altogether. The Committee will also have the discretion to extend any of the timescales

where personal circumstances or sustained periods of inclement weather make it impossible for

the plotholder to achieve the improvements in the time originally given.

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TBA Handbook (December 2011) Page 14

Complaints Procedure

Handling Complaints

We have to accept that from time to time problems can arise, but they must not be allowed to

fester or get out of hand. Open discussion is the way to solve a problem. Issues can hopefully be

resolved by the parties involved informally discussing their concerns and agreeing a resolution

together. If this fails, you have recourse to the TBA Committee, and as a final resort the concern

can be put to Glasgow City Council.

It is important that complainants, and the subject of their complaints, be treated in a fair and

transparent manner. The Committee will listen seriously and without favour to all complaints

and concerns. They will work hard to ensure that any meetings and investigations are held

promptly and aim to find resolutions that are satisfactory to everyone concerned as quickly as

possible.

If complaints are raised formally, the Committee may need to seek advice or assistance from

external bodies. Complaints of a serious or criminal nature may have to be handled by another

authority altogether, e.g. Glasgow City Council or the Police.

Informal Complaints and Concerns

Most concerns or complaints will involve simple, everyday problems that can be remedied

quickly and straightforwardly as they arise. Practical issues, such as a water pipe bursting, outer

fence being damaged and so forth, are matters that can be fixed without too much difficulty.

Any member of the Committee can be approached to sort out such matters. They will either find

a solution on the spot, or seek advice from the wider Committee and report back to the

individual. Normally, such complaints or concerns will not require a formal response, although

they may result in an update being given to other members of the Association.

Within an extended community there is always the possibility of arguments, disputes and

misunderstandings. Individuals are encouraged to try to resolve such disputes on an informal

basis by speaking with other parties involved. This helps maintain or rebuild relationships and

can result in a quicker outcome. Sometimes people don’t realise that their behaviour is upsetting

or causing offence, but once they do understand the effect it has, it can encourage them to stop.

Where this approach does not work, or is inappropriate, members should raise their concerns

formally with the Committee.

Malicious Complaints

Sometimes there are misunderstandings between people and complaints might be made in good

faith. However, should a member of the Association be found to have knowingly made malicious

and false complaints against another member or members in order to cause distress or upset,

then that will be deemed ‘unacceptable behaviour’ and they will be subject to Clause 3.4 of the

Association’s Constitution.

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Unacceptable Behaviour

The Association’s Constitution already sets out what should happen in the event of a plotholder

being reported for ‘unacceptable behaviour’, namely:

3.4 In the event of a plotholder being reported to the Committee for ‘Unacceptable

Behaviour’ i.e. Drunkenness, Aggression, etc. and the charge being substantiated to the

satisfaction of the Committee, they will be asked to appear before the members at the

Annual General Meeting when they can speak on their own behalf and when the

members can vote on whether they should have their membership of Trinley Brae

Allotment Association renewed. Since the membership of the Association is a pre-

requisite, they would no longer qualify for a plot if voted against. There is no appeal in

these circumstances. This action can also be taken in some circumstances where the

condition of a plot causes concern.

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TBA Handbook (December 2011) Page 16

Formal Complaint Procedure

Making a Complaint

If an individual or group of plotholders wish to raise a complaint or concern formally, then they

should address the complaint, in writing by post or by email, either to the Chair or to the

Secretary. The complaint should set out the issue(s), with as much detail as possible. The

complaint will be handled as quickly as possible, within the time guides set out in the procedure,

to avoid the situation escalating. Where it will not be possible to keep to the time guides given,

the complainant(s) should be informed of the reason, and an amended time guide given.

Committee Response

On receipt of a formal complaint or concern, the following process will be followed:

Step Action Time Guide

1 The Chair or Secretary will formally acknowledge the complaint

7 days

� The acknowledgement will advise that a sub-Committee will be set up and

they will be in touch to arrange a meeting.

2 A sub-Committee will be set up to handle the complaint and begin the

process

� It should have three members.

� It should not include anyone with a personal involvement or interest in

the complaint.

� If it is not feasible or appropriate to fully form a sub-Committee from

members of the Association Committee, then Association Members will

be approached to participate.

3 A date for a meeting between the complainant(s) and sub-Committee will

be agreed 7 days

� This should be at a mutually convenient time and ideally somewhere

neutral.

� It should be arranged within 14 days of the complaint being received.

� This meeting will give the complainant(s) the opportunity to raise their

concerns in more detail. The sub-Committee will listen to the

complainant(s) without interruption. The complainant(s) will be

encouraged to give as much information as possible, and will also be

asked what resolution they themselves would suggest.

� An individual complainant is allowed to bring a companion with them to

the meeting.

� The meeting may be audio recorded, but only if the complainant is in

agreement.

� If audio recording is not to take place, then one other member of the

Committee or Association will attend in order to take full notes of the

meeting. They will not participate in the discussion or offer opinions.

� Mobile phones should be switched off during the meeting.

� Confidential notes of the meeting, or a transcript of the recording will be

made available to the complainant(s) after the meeting to confirm they

are an accurate record, but are not to be circulated outwith the

attendees.

3 days

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Step Action Time Guide

4 The complainant(s) will be asked to withdraw whilst the sub-Committee

decide: Same day

a) whether they are competent to handle the complaint;

b) whether outside advice is required before proceeding;

c) or whether the complaint should be passed to another authority

altogether

Note: Option c) will require consultation with the remaining members of the

Committee

The complainant(s) will then be invited to re-join the sub-Committee to be

informed of their decision.

If the sub-Committee is to continue handling the complaint then:

5 The sub-Committee will decide how to proceed Same day

� It may be that in the course of the meeting with the complainant(s), a

resolution has been identified without need for further investigation, i.e.

the complaint was really a request for action. In this case the sub-

Committee would move to Step 6.

However, most probably further investigation will be necessary 2-3 weeks

� This may involve arranging meetings, as soon as possible, with individual

plotholders, either as witnesses or as the subject of a complaint.

Individuals are allowed to bring a companion to the meeting.

� The meeting(s) may be audio recorded, but only if the individuals invited

to attend agree.

� If audio recording is not to take place, then one other member of the

Committee or Association will attend in order to take full notes of the

meeting. They will not participate in the discussion or offer opinions.

� Mobile phones should be switched off during the meeting.

� If individuals make counter claims against the original complainant, then

these will be investigated simultaneously by the same sub-Committee.

� If individuals refuse to attend such meetings, or to provide a statement

instead of attending, then the sub-Committee will have to proceed on the

basis of information they are able to gather.

� The investigation should be undertaken as quickly as possible without

undue delay. If there is to be a delay, then the complainant should be

kept informed.

6 The sub-Committee will consider all the information gathered and write a

report 7 days

� This report will address each issue raised by the complainant in turn and

outline suggested solutions.

7 The sub-Committee will write to the complainant(s) 2 days

� Their letter will inform the outcome of their investigation, addressing each

issue in turn and detailing the suggested resolution(s).

� Where the complaint was against another member of the Association,

who was subsequently interviewed, they too will be written to.

� If the sub-Committee finds that complaints made against individual(s)

have been substantiated, they will also be advised what steps the

Committee plans to take. In very serious cases this could involve invoking

Clause 3.4 of the Association Constitution.

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Step Action Time Guide

8 If the complainant(s) reject the outcome, they can Appeal to a higher

authority 7 days

� They can choose one of the following to hear their Appeal:

a) The Allotments Officer, Glasgow City Council;

b) Glasgow Allotments Forum;

c) An Emergency General Meeting of the Trinley Brae Allotments

Association

Note: Arrangement of an E.G.M. would be subject to a quorum agreeing

in advance to attend. If the required minimum of Association Members

did not agree to attend, then the complainant would be informed and

asked to choose between options a) or b) instead.

� The Appeal should be made in writing.

� It should include the reasons for the Appeal, why they disagree with the

proposed resolution.

9 The Appeal will be conducted according to the procedure of the higher

authority

In the event of an E.G.M. being chosen, the following process will be

followed:

� The complainant will explain the nature of their complaint.

� The sub-committee will detail their investigation, findings and suggested

resolution(s).

� The complainant will explain why they have appealed.

� Association Members will have the opportunity to question the

complainant and the sub-committee as well as to put forward alternative

solutions.

� All Association Members in attendance will have one vote, by secret

ballot, to determine whether the Appeal should be granted or refused. If

granted, an alternative resolution must be agreed before the E.G.M. can

be brought to a conclusion.

10 Representatives from the higher authority will write to the complainant(s)

� The letter will detail the outcome of the Appeal.

� In the event of an E.G.M. having been held, the Secretary of the Trinley

Brae Association will write to the complainant(s).

� The decision of the Appeal Panel/E.G.M. will be final.

7 days

11 The suggested resolution(s) will be implemented

� A summary of the complaint and outcome may be circulated to the

Association, but will not include personal details of individuals involved.

Any notes or audio recordings of meetings will be filed together and stored safely

and confidentially for no longer than necessary. This will be at least until any

Appeal Hearing has been heard and its outcome reported. After that, the file will

be destroyed.