SIGNATORIES
Representing the county council of Ciudad Real, its
president Mr. Nemesio De Lara Guerrero.
Representing the Association of
Professionals for Local and Economic Development of Castilla La Mancha, its president Mr.
Luis Diaz-Cacho Campillo.
Both parties mutually recognise each
other´s legal capacity necessary for the execution of this Agreement, acting in name and
representation of their respective arganisations and in their power.
DECLARATION
Firstly- That the regulatory law originating
from the local government 7/1985, 2 April, Article III, Section 2 establishes as the
particular and secific aims of the Province, the guarantee of principles of solidarity and
interprovincial equality in the framework of econcmic and social politics.
Secondly- In article 5, section B of the law
of A.P.R.O.D.E.L., the main aim of the association is stated as the improvement of the
Province´s resources in order to achieve economic, social, global, complete, enviornment,
sustainable and hamonic development.
Thirdly- That the strenghtening of the
provinces resources is essential for the achievement of economic, social, complete,
environmental, harmopnic, endagomous and sustainable development.
Fourthly- That the cooperation and
collaboration of all speakers, bodies and agents who work together in the same field is
imperative for the joining of forces and solidarity for the sake of being conductive to
the creation of a social climate of suitable and apporiate collabration.
Fifthly- That both parties assume,
among their objectives the promotion of businesses and the channelling of enterprising
enterprises as an instrument for the creation of
wealth, employment, social well-being and
the quality of life.
Sixthly- Clear recognition of the role
played by the County Council of Ciudad Real in promoting potential and possibilities
for the creation of employment and of businesses, through the creation of a suitable
environment on a provincial level and the securing of the necessary foundations required
by these circumstances.
Seventhly- That the signatories of this
Co-operation Agreement make available the means and infrastructure required for the
achievement of the afforementioned developments in their commitment to reinforcing and
increasing the services and support offered to the business world and their commitment to
collaboration in this area.
For these reasons,
THEY AGREE
Firstly- To establish a Co-operation
Agreement which aims at strenghting the principles of solidarity and interprovincial
balance in the framework of economic and social politics of the provience of Ciudad Real,
from the support to the creation of employment and business. To this end, the
collaboration on the following will be undertaken:
-Training
-Analysis of the establishment of local
development programmes.
-Organisation of conferences, seminars,
courses etc.
-Business management support and
consultancy.
-Education.
-Collaboration on the advertising of
activities.
-Interrelation of webs.
-Etc.
Secondly- Pay particular attention, within
the confines of this agreement, to the depopulation and ageing of the rural world through
seeking alternative employment for young people, women, handicapped and the long term
unemployed by improving the training and the continued qualification of workers, through
the possibilities of new places of employment and equal opportunities for men and women
through the democratisation of new technologies and the information society (in general)
etc.
Thirdly- Spread word of the project on
which both associations collaborate, placing special emphasis on the afforementioned
collaboration.
Fourthly- Spread word of this Co-operation
Agreement, within the respective confines of both the functional and competitive
proceedings of each of the signatories.
And as proof of their consent to this
Co-operation Agreement, it is signed in Cuidad Real on the twelfth of December, 2000 by:
County Council of the Provence
President
of A.P.R.O.D.E.L.
of Ciudad Real
Fdo.nemesio de Lara Guerrero
Fdo.Luis
Díaz-Cacho Campillo
CHAPTER 1º NAMING,
CONFINES, RESIDENCE AND OBJECTIVES
Article 1º- In the name of the
Association of Professionals for Local and Economic Development, and associative body of
professionals within the confines of local development in the region of Castille La Mancha
has been set up, with an independant character, respective of any type of organisation,
guided by that which is planned in (law19/1977, of 1 April, and also by the Royal Decree
873/1977, of 22 April) the Organic Law 11/85 of 2 August for the Free Choice of Union and
the other legal provisions in force which regulate professional associations.
Article2º- The Association of
Professionals for Local and Economic Development enjoys full legal status and the capacity
to work necessary for the achievement of their aims and the provision of their assets and
rights conforming to the applicable legislation in force. In the same way it will
have the appropriate seperate estates, with respect to the wealth of its associates, their
assets being administered with complete autonomy. The Association will comprise of
the territorial confines of the region Castille La Mancha and its professional confines
will extend to the same.
Article 3º- The residence of the
Association of Professionals for Local and Economic Development can be found at La Solana,
C/Don Jorge 7, bajo. Planned agreement by the Board of Directors could change the
address to any other in the region of Castille La Mancha.
Article 4º- The Association has been
set up for an indefinite period of time and its dissolvement will only be carried out by
agreement of the General Assembly, with a favourable majority of two thirds of those
members present or represented. In that case members of the Board of Directors would
act as liquidators. The General Assembly, convened accordingly, could pass a merger
agreement with other associationsof larger, equal or similar scope and with similar
ojectives and interests, with a favourable majority on the first count of two thirds of
the members present or represented.
Article 5º- The principle objectives
of the association are:
a. Defence and optimal management in the
interests of its associatives.
b. Promotion of the provence´s resources in
order to achieve global economic, social, environmenal, harmonic and sustainable
development.
In
order to achieve these objectives and on the basis of the collaboration of all its
members, the association has the following objectives:
1)
Develope activities in accordance with the times and
transitional situation for improved service of the professionals´ interests in particular
those of its associates.
2)
Protect the particular and general interests of its
associates before any type of authority or body, both public and private, administrative
and jurisdictional and also before international organisations.
3)
Encourage the training of its associates through suitable
means, by attempting to coordinate the strenghts of all and achieve the necessary
collbaoration of both national and international organisations.
4)
Secure the maximum spread of information on technical
services corresponding to the solutions to both specific and general professional problems
of associates.
5)
Offer a solution to both specific and general professional
problems of associates by means of the creation and training of corresponding technical
services.
6)
Formalise agreements with as many bodies, both public and
private, as is necessary in order to improve its associates and the management of their
professional interests.
7)
Maintain a permenent exchange of information with as many
associations and bodies as exist or are being set up with the same or similar objectives
as this Association.
8)
Ensure that associates observe the strictest norms of
professional ethics.
9)
Dection of opportunities in relation to resources which are
underused.
10) Encourage
business activity and the creation of business in the provence.
11) Development,
execution and follow up of the politics of development in the various Public
Administrative bodies.
12) Foster
activities related to new places of employment.
13) Organisation
and development of differnet policy formatives.
14) Establishment,
management and execution of policies aimed at encouraging employment and sociolaboral
integration.
15) Encourage
exchange of Know How.
16) The
international co-operation to develope in a wider sense and as a concept of solidarity and
exchange of Know How.
17) In general, as
many actions as necessary and the pursuit of the objectives which are integral to the
spirit of this organisation.
CHAPTER 2º - TO THE MEMBERS OF THE ASSOCIATION
Article 6º- Any person who has or
who may carry out activities of local development, training/employment and or economic
promotion may belong to the Association of Professionals for Local and Economic
Development.
The associates can, in their turm, form
partnerships with territorial and functional commissions, depending on what they have to
carry out.
Article 7º- Entry to the Association
will be voluntary and the members are free to leave at any moment, by notifying the Board
of Directors one month in advance.
All new memberships and resignations will be written
in the associates registration book, created to that end.
Article 8º- The terms of the
associate will inherently carry the payment of an annual quota, which will be fixed by the
General Assembly on the porposal by the Board of Directors.
Article 9º- The rights of the
members of the Association are:
1)
Attend, both in presence and by vote, the statutory
meetings called. Choose and be chosen to carry out directive duties.
2)
Inform or be informed in time of activities of the
Association, as well as the many matters which may be of interest to associates.
3)
Take part in the economic and administrative management of
the Association as well as the services they offer.
4)
Freedom to express opinions on matters which may be of
direct interest to the Association and to formulate proposals and petitions to their Board
of Directors.
5)
Meet to deal with matters which may be of interst to the
Association and take action and make appeals in order to defend rights, urging the
corresponding body to intervene, for the defence of professional interests.
Article10º- The duties of the
members of the Association are:
1)
Respect and comply with these statutes stipulated, as well
as respecting the agreements of the managing bodies (gestores)[1] which the
Association has accepted.
2)
Contribute to the upkeep of the Association by paying the
general quota on time.
3)
Observe the general interests of the Association, taking
into consideration the facts which could damage or put at risk their objectives.
4)
Respect the free expression of opinions by other members of
the Association and do not hinder the normal development of activities from the same.
5)
Membership status is lost by:
a.
Requesting to leave as stipulated in article 7.
b.
Not subscribing for one year.
c.
Not observing the stipulated statues and other norms
of the internal system, by means of the opening of ruling decisions of the corresponding
disciplinary actions set up by the Board of Dorectors and approved by the General
Assembly.
CHAPTER 3º
GOVERNING, DISSOLVING AND MODIFICATION BODIES
Article 11º- The representation,
governing and administrative bodies of the Association are the following: the General
Assembly, the Board of Directors and the President.
Article 12º- The General Assembly is
the gathering of all members of the Association, convened and constituted accordingly.
It is the supreme authority and all members are obliged to follow its ruling.
Attendence at the General Assembly meetings is obligatory.
Article 13º- The General Assembly
can be ordinary or extraordinary.
1)
The General Assembly is held at least every six months,
with prior notice from the president; always on December 15 of every year.
2)
The extraordinary General Assembly always meet when called
by the president of the Association, or when at least one third of the members of the
Assembly or the Board of Directors request it.
Article 14º- The General Assemblies
are called by the president of the Association, by means of a written notice to each
associate at least five days before the meeting in question, except in cases which the
president deems as urgent.
The notice shows the date, time and place of
the meeting and the proposed agenda with the matters to be dealt with. The agenda
will be drawn up by the Board of Directors.
Article 16º- The president of the
Association presides over the General Assembly, or in his place the vice-president, with
next in line an appointed member of the Board of Directors.
The Committe of the Assembly will be made up
of the president of the Association, the vice-president and the members of the Board of
Directors, with a member of the Association acting as secretary.
Article 17º- Each matter on the
agenda will be the object of individual vote and will be accepted by a simple majority of
valid and executive members present.
Each member of the Association has the right
to vote. Voting is by choice and by secret ballot.
Agreements reached by the General Assembly
will be recorded in the corresponding Book of Minutes, which is intended for this purpose.
The president and secretary will register the agreements of each session.
Article 18º- The General Assembly,
convened and constituted accordingly, is the highest power and can diliberate and resolve
any matter that may be related to the aims of the Association.
The following points will be the exclusive
recponsibilty of the General Assembly:
a).- Reach agreements with
regard to the representation, management and defence of the interests of the Association
and of its members, without damage to delegation in the Board of Directors.
b).- Approve agreements and
reform statutes.
c).- Approve income and expense
budgets of the Association as well as the finacial accounts.
d).- Fix the quotas which the
members of the Association must pay.
e).- Approve programme and
plans of action.
f).- Approve the management of
the Board.
g).- Create services of common
interest to all associates.
Article 19º- The Board of
Directors is the body in charge of managing, administering and representing the
Association, without getting in the way of the responisibilties of the General Assembly,
tackling the execution of agreements accepted by the General Assembly.
Article 20º- The Board of Directors
will be made up of the president, vice-president, secretary, treasurer and eight
members.
Candiacy is subject to the vote of the
General Assembly and the choice will always be made by democratic principles.
Article 21º- Candidates will be
elected for a period of four years, with the possibility of reelection by the favourable
vote of a simple majority.
All managerial positions will be by nature
representative, always honorific and without payment. Only those expenses which incur in
the development of duties enthrusted to them will be renumerated and in no case will this
be considered as payment. The annual budgets of the Association will plan for these
specific expenses.
Article 22º- The presidents and the
remaining members of the Board of Directors can be removed from office:
a).- by voluntary resigination.
b).- by censure motion approved
by both the ordinary or extraordinary
General Assembly .
c).- at the end of their term
of office.
d).- due to illness or other
legal causes.
Article 23º- The Board of Directors
will have an ordinary meeting every four months. They will have an extraordinary
meeting if called by the president or requested by one third of the Board of Directors.
The president or representing vice-president
will advice members of the Board of Directors five days in advance, making reference to
the agenda which will be dealt with. The day, time and place of the meeting will
also appear in the notice.
Article 24º- The Board meeting will
be considered valid when half of its members plus one attend in the first instance and
when the president and the secretary are present, as they must approve the favourable vote
of half plus one members.
If
the afforementioned members do not attend in the first instance, a second one will be held
an hour later in the same place with those members present.
Article 25º- The points raised and
agreements of the meetings, both ordinary and extraordinary, of the Board of Directors,
will be recorded in the minutes, which signed by the president and the secretary will be
transferred to the corresponding Book of Minutes.
Article 26º- Vacancies which may occur
during the term of office of members of the Board of Directors, will be covered by those
chosen by the General Assembly.
Article 27º- The Board of Directors will
have, among others, the following rights:
a).- Carry out and manage activities of the
Association necessary for the execution and development of acknowledged objectives.
b).- Propose plans of action to the General Assembly,
execute and manage those already approved, report to the General Assembly those which have
already been achieved.
c).- Present annual budgets, balances and settlement
of accounts to the General Assembly for approval.
d).- Make decisions concerning collection and
arrangement of payments and control of book-keeping, which will later be reported to the
General Assembly.
e).- Inspect and observe the appropriate functioning
of services.
f).- Deal with membership admission requests.
g).- Pass agreements related to the lodging of any
type of appeal before any body or jurisdiction.
h).- Appoint those members who have to form
part of special work commission or who have to represent the Association at both national
and international meetings.
i).- In cases recognised as being urgent, pass
decisions which are the responsibility of the General Assembly, reporting to them at the
first meeting.
j).- Those who can, be representatives of the General
Assembly.
Article 28º- The president of the
Association will also be the president of the General Assembly and of the Board of
Directors and will have the following responsibilities:
a).- Preside over the General Assembly and the Board
of Directors.
b).- Lead debates and establish order at meetings and
execute agreements.
c).- Present an annual report of his activities in
the Board of Directors before the General Assembly.
d).- Represent the association in all its relations
with admistration bodies, trade unions, legal and non-legal persons.
e).- Open and close current bank accounts in the name
of the Association, endorse collection and receipt of payments proposed by the treasury
agreed upon by the Board of Directors, for which two of the three recognised signatories
are required.
Article 29º- The vice-president takes on
all duties of the president in the case of delegation, absence or other legally
established causes.
Article 30º- The secretaty is an elected
position, whose function will be the following:
a).- Undertake proceedings in the meetings of both
the General Assembly and the Board of Directors, taking the minutes in both cases which
with the approval of the president will authorise his signature.
b).- Register the offical minutes of the Association,
issue copies and certificates with the approval of the president, in relation to matters
confidential to him or which the president considers best kept condfidential.
c).- Oversee the office, correspondance and general
matters of the Association as well as the running of its administration.
d).- Write up reports.
e).- Numerous other functions enthrusted to the
secretary by the organisation.
Article 31º- The body with the power to
change or modify statuates will be the General Assembly, on requirement of a
favourable vote by one third of its members present.
Article 32º- The Association can be
dissolved by means of agreement by two thirds of the members present in the General
Assembly or by a simple majority in the second notice.
Article 33º- The functions of the
treasurer are:
a).- Issue and sign members accounts.
b).- Pay the agreed amounts with the go ahead of the
president or a chosen representative.
c).- Obtain payment of income due to the Association.
d).- Have a cash book with note of receipts.
e).- Approve the accounts of the Association.
CHAPTER 4º. –ECONOMIC
RESOURCES.
Article 34º- The economic resources of the
Association will be the following:
1.- Membership subscription.
2.- Gifts and bequests to the Association.
3.- The official grants of any other type of legal
income which is accorded to the Association.
Article 35º- The economic liability of all
aspects of the Association will be expressedly limited to the corresponding assets at any
particular moment in time, without at any time being extended to the personal assets of
the members of the Association.
FINAL PROVISION
All
that has not been forseen in these statutes will be similarly applied with respect to the
regulations currently in force.