Constitution and Code of Ethics
ACA
AGRICULTURAL CONSULTANTS ASSOCIATION
CONSTITUTION AND CODE OF ETHICS
Dated this 3rd day of June 2009
Constitution of Association and Code of Ethics
Part I
Title
- This Association shall be called the Agricultural Consultants Association of Ireland (hereinafter `The Association’)
.Part II
Scope and Function
1. The Association and its members and associate members shall act in accordance with company objects as set out in the Memorandum and Articles of association.
2. The Association shall act in accordance of the interests of its members on the island of Ireland and elsewhere in particular in matters of professional conduct and other matters relating to agricultural consultancy.
3. The Association shall provide a point of reference in the form of advices and practice directions on matters arising in the area of agriculture and agricultural consultancy.
Part III
Governance
1. The Association shall be governed by a General Council of not less than 8 members. The officers of the Association shall be a President, Vice-President, Honorary Secretary and Honorary Treasurer. A retiring President shall be an ex-officio member of the incoming Council for a term of one year. Association Officers shall be elected from full members only.
2. The General Council shall consist of members residing or having their chief office on the island of Ireland.
3. The General Council shall meet at least biannually on a date to be fixed by the President or the Honorary Secretary.
4. No full member shall hold office for more than 3 years consecutively. At the expiration of 3 years, members shall be eligible for re-election.
5. The General Council and other officers shall be elected at the annual general meeting which shall take place within 13 months of the previous annual general meeting.
6. The President may, at his/her discretion co-opt members to the General Council subject to a maximum Council size of 15 members, a minimum of whom 11 must be elected.
7. The Council shall have full responsibility in policy and decision-making within the organization. A Council majority is required to pass proposals or resolutions except where specifically provided.
Part IV Membership
l. Membership shall be confined to professional graduates in agriculture, who hold a degree in agricultural science or its equivalent (level eight) who practice primarily as agricultural consultants. Agricultural consultancy is taken to mean the provision of advice in some or all of the following areas:
i. farm advice in all areas of farming;
ii. farm planning;
iii. credit application;
iv. farm management and consultancy;
v. farm accounts, income tax, P.A.Y.E., VAT., Capital Gains Tax, Inheritance and Gift Tax;
vi. European Union and government related schemes and directives;
vii. Public Authority, Government and Local Government acquisition of lands and property (including assessment and negotiation, oral hearings and arbitration);
viii.Advice to the legal profession, insurance companies and other appropriate bodies or persons;
ix. Advice on sale and purchase of agricultural holdings including quotas or entitlements;
x. Land and property evaluations;
xi. Laboratory analysis of agricultural products and inputs;
xii. Farm buildings and yards, planning and layout;
xiii. Any other activity which the Council may deem to be within the realm of agricultural consultancy.
2. Experience of 2 years in a relevant field shall be a necessary prerequisite for
membership.
3. Save founder members, intending members shall be proposed and seconded by a minimum of 2 existing members.
4. Full members shall be practicing primarily as agricultural consultants. Agricultural graduates employed by banks, financial institutions, fertiliser firms, co-operative societies, accountants and/or similar occupations or employment shall be expressly excluded from membership.
5 All intending members should have professional indemnity insurance of a minimum of €150,000, with a certificate of the same available for inspection, at all times while he/she continues to be a member of the Association. Additional insurance may be required by the Council outside of Professional Indemnity Insurance.
6. For an application to be considered a certificate of Professional Indemnity Insurance must be produced within a time limit laid down by the Council.
7. For renewal of membership, a certificate of professional indemnity insurance is to be provided as per paragraph 6 above.
8. Having satisfied requirements with regard to insurance, the Association may issue a membership certificate for such period as is the applicant is covered by the necessary insurance.
9. The Council may, by a two-thirds majority of members present at the time, accept or reject applications for membership as it sees fit.
10. All applicants applying for membership or the renewal of membership of the
Association shall apply on the official form provided by the Association.
11. The Council may require that applicants provide any documentation or proof (including academic and/or professional certification) that it may request in considering any application for membership or renewal of membership.
12. In all cases, the final decision in relation to membership shall remain within the discretion of the Council. The decision of the Council is final. The Council is under no obligation to provide reasons for its decision.
13. Each member accepts an implied term that they will be bound by the disciplinary procedures laid out and appended as “appendix one” to this Constitution and Code of Ethics.
Part V
Associate Membership
I . Holders of degrees or diplomas in agricultural science, environmental science, agricultural engineering, rural development (to a minimum level of 7) or its equivalent may become an associate member and may practice in their own right or in the employment of a full member. Approved graduates who are also employed in appropriate agri-business employment may be eligible to become associate members.
2. Associate members are subject to the same professional standards as full members and are bound by the disciplinary code of the Association.
3. Associate members shall be required to have a minimum level of experience at the date of application for membership.
4. The membership fee for associate members shall be decided by the Council.
5. Associate members are required to have personal indemnity insurance or to be covered by the professional indemnity insurance of their employer.
6. An applicant who is eligible for full membership may not become an associate member.
Part VI
Subscription
1. The fee for membership shall be as determined by the Council. The said fee shall cover annual membership up to and including December 31 st of the year of application. Thereby, membership shall expire after December 31 st of the year in which the subscription was paid.
Part VII Trustees
I In the event that the Association acquires an interest in any property, same shall be vested in Association trustees to be appointed by a majority of members at a general meeting. The trustees shall not be ex-officio members of the Council,
2. Trustees ace to hold office unless bankrupt, guilty of fraud or any other material offence, such as would render that person unfit to hold office. An unfit person for the office of trustee may be removed by a majority vote of the Council at a general meeting.
3. A member appointed as trustee must at all times be in conformity with the requirements of members and must at all times abide by the rules and Constitution of the Association and its Code of Ethics.
4. The Council shall be entitled to invest Association funds and assets as the Council
shall decide and the same shall be invested in the name of the Association. The
Council shall, as it sees fit, authorise a person to draw upon Association funds under the signature of that person. Such drawings shall, at all times, be by direction of the Council.
Part VIII
Council Meetings
l. Four members of the Council shall form a quorum at each meeting. The President shall preside and shall have a casting vote where appropriate. In the absence of the President, a chairperson shall be selected from Council members to perform the role of the President for the duration of the meeting for the purpose of casting a deciding vote in the event of an equality of votes.
General Meetings
I . A special meeting may be called by the Honorary Secretary, at the direction of the President, at any time the Council shall think proper.
2. Any five members of the Association may in writing, at any time, requisition the President requiring him to call a special meeting.
3. If, within one week of receiving such requisition, the President has not required the secretary to call such a meeting, the requisition may require the Honorary Secretary to convene such meeting. This shall be done accordingly.
4. Seven days notice shall be given by the Honorary Secretary to each member of the Association entitled to vote.
5. Such notice shall be provided by way of registered post and shall state the purpose for which such meeting is being convened.
Part IX
Retinal
1. A person who has failed to pay the required subscription and being in receipt of two requests to make payment will be deemed to have retired from the Association and in the event of re-applying will be required to pay all arrears.
Part X
New Rules
Rules may be made, amended, altered or rescinded by resolution at any general meeting.
a) At least seven days notice shall be given of the proposed changes to all members.
b) A majority of two thirds of members present is required to give effect to the proposed changes to the rules,
Part XI
Code of Ethics
1. A code of ethics by which members are bound is to be found as laid out and appended to this Constitution at “appendix two”.
Part XII
Fees
1. A full or associate member shall calculate and charge consultant’s fees on a. A fixed fee basis; or
b. A time charge basis; or
c. A percentage basis, where percentage charged is to be clearly disclosed and shown
Part XIII
Publicity
1. Members should refrain from seeking public attention that would adversely affect the Association
2. Members are forbidden to undertake exclusive advertising campaigns that would present a poor public image of the standards of Association members.
3. Advertisements of any nature by members of the Association must incorporate the Association logo into such advertisements.
4. Members should use the Association logo and/or their designated letters when making presentations at public forums or events.
5. Members participating in radio and television programs may do so under their own name and/or trading name and may use their own professional designation or designatory letters.
6. A member or firm acting for a client in buying or selling a property or business may avert to the business relationship provided that the member’s name or the name of a firm is not given undue prominence. A trustee, acting in an official capacity, shall not give undue prominence to this fact in advertising property.
Part XIV
Descriptions
l. Members of the Association shall be entitled to use the following designatory letters:
a. Full member: M.A.C.A.
b. Associate Member: M.A.C.A. (Associate)
2. Members of more than ten years uninterrupted full membership are entitled to use the designatory letters F.A.C.A. on approval from the Council and may be subject to such other requirements as the Council sees fit.
Part XV
Transfer of Clients
1. Where a client wishes to transfer their custom to a different consultant information of the proposed change shall be confirmed in writing by the new consultant.
2. Any consultant or agency who is requested by a client to take over their custom from another consultant or agency must ensure that all of the fees and outlay due to the consultant and or agency from whom the client wishes to transfer are paid and discharged in advance of acting for and on behalf of that client.
Part XVI
Negligence Principles
1. The principles of negligence shall apply to all members and associate members in the discharge of their work under the Association name.
Part XVII
Members’ Staff
1. Staff employed by members of the Association shall be bound by the same code of
professional conduct as members of the Association.
2. Any breach of this Constitution and/or its Code of Ethics by members’ staff will be the responsibility of the member himself/herself and breaches will treated as if perpetuated by the member himself/herself
Appendix One
Agricultural Consultants Association
Disciplinary Code
1. Professional Conduct Disciplinary Committee
(a) Complaints against members or associate members shall be investigated and adjudicated upon by a body known as “The Professional Conduct Disciplinary Committee” (hereafter to be known as the Disciplinary Committee). The Disciplinary Committee, and Appeals Board, will ensure the existence of consistent, effective, fair and transparent complaint and appeal procedures,
(b) The Disciplinary Committee shall consist of at least 7 members of the Council. Those members of the Council who may have existing conflicts of interest in the circumstances should excuse themselves.
(c) The chairman of the Disciplinary Committee shall be the president of the association or such person as he in his absolute discretion shall nominate to act in that capacity as chairman. The chairman shall be a current member of the General Council of the association.
(d) The function of the Disciplinary Committee shall be to investigate allegations of misconduct made by any person or body against a member or an associate member and to decide whether such member or associate member has been guilty of misconduct constituting a breach of the Constitution and Code of Ethics Code or constituting a breath of proper professional standards. Herewith “member” is to construed to mean a member or an associate member.
(e) Where a member has been exonerated or penalized in respect of a complaint no further complaint arising out of the same facts shall be heard against the member.
2. Procedure
(a) A complaint of misconduct by a member shall be made on a complaint form as set out in shedule One hereto. The complaint shall be sent to the secretary of the association by prepaid ordinary post and shall be accompanied by the sum of €100.00 payable to the association.
(b) A copy of the complaint form shall be sent as soon as possible by registered letter to the member against whom the complaint is made by the Disciplinary Committee.
(c) A member shall have a period of 14 working days from the date of receipt of the complaint form to reply to said complaint. Such reply shall be made on a form as set out in Schedule Two hereto and shall be sent by registered post. A copy of the reply shall be sent as soon as possible to the complainant.
(d) The Disciplinary Committee shall be entitled to hold an oral hearing in relation to a complaint. The Disciplinary Committee retains discretion in deciding whether an oral hearing is necessary. There shall be no appeal from decision of the Disciplinary Committee to hold an oral hearing or not. The Disciplinary Committee shall at any time be entitled to seek further information from either the complainant or the member. In the event of the complainant refusing or failing to provide such further information, the Disciplinary Committee shall be entitled to reject such complaint by reason of failure or refusal. In the event of the member failing or refusing to provide such further information as may be sought, the Disciplinary Committee shall be entitled to hold the hearing of the complaint in the absence of the member. Any copy of further information received by the Disciplinary Committee from either the complainant or the member shall be sent as soon as possible to the other party by the Disciplinary Committee.
(e) The Disciplinary Committee shall be entitled to adopt the procedures for investigating and adjudicating on any complaint. Such procedures will be designed to ensure a fair hearing and shall be in accordance with the rules of constitutional and natural justice.
(f) The Disciplinary Committee shall be entitled to reject a complaint where it finds that there is no basis for it.
(g) Either the complainant or the member shall be entitled to legal representation. The costs for such representation shall be borne by the complainant and the member respectively. The Disciplinary Committee shall award no costs.
(h) All proceedings by the Disciplinary Committee shall be heard in private.
All documents connected with the hearing, including the decision of the Disciplinary Committee, shall be private and confidential as between the complainant, the member and the Disciplinary Committee. The Disciplinary Committee shall be entitled to reject a complaint on the grounds that the complainant has breached the confidential nature of the proceedings.
(i) The Disciplinary Committee may request the appearance of any member to give evidence before it, irrespective of whether such person is a witness of either party. The notice required for such an appearance shall be 14 days. The Disciplinary Committee may request any member, whether witness or otherwise, to make available any documents or other evidence which it wishes to consider. Failure to produce such documents or other evidence shall be considered a breach of Professional Conduct of Members.
3. Decision of Disciplinary Committee
(a) The Disciplinary Committee, in its decision, shall either uphold or reject a complaint. If a complaint is upheld, the Disciplinary Committee shall find whether the member has been guilty of a breach of the Professional Conduct of Members or a breach of proper professional standards.
(b) Every complaint shall be the subject matter of a decision by the Disciplinary Committee. Every decision of the Disciplinary Committee shall be in writing and shall be signed by at least one member of the Disciplinary Committee. A decision of the Disciplinary Committee shall contain a summary of the complaint and a summary of the evidence heard by the Disciplinary Committee. Any decision will also set out the facts found by the Disciplinary Committee and the reasons why it reached the decision along with what penalty, if any, which is to be imposed.
(c) The Disciplinary Committee shall be entitled to make disclosure of any of its decisions, or any part thereof, in such a manner as it may deem fit. The Disciplinary Committee shall state in its decision which, if any part thereof, is to be disclosed and in what manner same is to be disclosed.
4. Penalties
(a) Any member or associate member found to be guilty, by way of a hearing of the Disciplinary Committee, shall not be entitled to vote, or to take part in any proceedings of the Association, or partake of any of its privileges. Such member will continue to be bound by the rules of the Association until such directions of the Disciplinary Committee have been complied with or until a decision on appeal from the Disciplinary Committee has been delivered.
(b) If the Disciplinary Committee decides that a member is guilty in respect of a complaint that has been made against him, the Disciplinary Committee may decide to expel a member, or impose a period of suspension, and/or impose a monetary fine to a maximum of €5,000 and to recover any legal costs incurred in dealing with the complaint. The Disciplinary Committee shall be entitled to make such disciplinary directions as it sees fit in its decision.
(c) The Disciplinary Committee is entitled to call upon any member who has been found guilty in respect of a complaint to adhere to any direction of the Council or publish an apology or abide by directions as made by the Disciplinary Committee as a result of disciplinary proceedings.
5. Appeals Board
(a) Save as otherwise provided herein, either the complainant or member shall be entitled to appeal any decision of the Disciplinary Committee to a body to be known as the “Professional Conduct Appeals Board” (“Appeals Board”).
(b) The Appeals Board is to consist of 5 full members of the Association excluding any members of the Council who investigated and/or adjudicated at the Disciplinary Committee stage of proceedings. Those members of the Council who may have existing conflicts of interest in the circumstances should excuse themselves from serving on the Appeals Board. Members of the Appeals Board should be elected from a panel of past presidents of the Association at general meeting.
(c) Decisions of the Appeals Board shall be by a simple majority of members of the Appeals Board. Decisions of the Appeals Board shall be final. The Appeals Board retains the power to impose any or all of the penalties as stated above.
6. Appeals Board Procedure
(a) An appeal to the Appeals Board shall be in writing on an appeal form as set out in Schedule Three hereto. Such appeal shall be lodged with the Appeals Board within 21 days of the date of the decision which is to be appealed. The appeal form shall be accompanied by a sum of £500.00 payable to the association.
(b) The appeal form shall state whether all or a portion of the original decision is being appealed and shall, if appropriate, specify the portion of the decision which is being appealed. The appeal form shall also set out the grounds on which the decision or a portion of the decision is being appealed.
(c) A copy of the appeal form shall be sent as soon as possible to the other party by the Appeals Board by registered post. Such other party shall be entitled to lodge a reply to the said appeal within 14 days of the receipt by him of the said appeal form. Such reply will be on a form as set out by Schedule Four hereto. A copy of the said reply shall be sent as soon as possible to the appellant by the Appeals Board If the respondent wishes to oppose the said appeal, the form shall state the grounds on which the appeal is opposed.
(d) The Appeals Board shall decide in regard to every appeal whether the appeal should be heard by way of oral hearing, whether sought or not
(e) The Appeals Board shall consider and decide the appeal solely on the basis of the matter contained in the decision of the Disciplinary Committee, any documents considered by the Disciplinary Committee and the grounds of appeal and reply lodged in respect of the appeal. The Appeals Board shall not consider any new evidence in relation to the appeal unless such evidence was unavailable at the time of the original Disciplinary Committee decision.
(f) Either the appellant or the respondent shall be entitled to legal representation, at their own expense, at a hearing before the Appeals Board.
(g) The Appeals Board shall have the power to reject or allow the appeal, either in full or in part and to vary the decision of the Disciplinary Committee as necessary in accordance with any decision of the Appeals Board.
(h) A decision of the Appeals Board shall be in writing and shall be signed by a member of the Appeals Board. The decision shall include a summary of the submissions made by the appellant and the respondent and reasons for its decision.
(i) The Appeals Board retains discretion in deciding what, if any, parts of its decision will be disclosed and the manner of any such disclosure.
(j) No decision of the Disciplinary Committee shall take effect until the time limit set down for lodging an appeal has expired. The lodgment of an appeal shall act as a stay on the original decision of the Disciplinary Committee until any appeal has been finally determined by the Appeals Board.
Official Complaint Form
Person lodging complaint:
Name __________________________________________
Address __________________________________________________________________________
__________________________________________________________________________
Tel. No. _________________ Mobile:______________________
ACA Member against whom complaint is being lodged:
Name _________________________________________________________________________
Address __________________________________________________________________________
__________________________________________________________________________
Brief description of complaint (supported with relevant documentation as appropriate):
_____________________________________________________
_____________________________________________________
_____________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I hereby request the Council of ACA, in accordance with the provisions of Section 12 of the Official
Rules of the Agricultural Consultants Association, to fully investigate the validity of my complaint and
to report to me the outcome of said investigation.
Signed:__________________
Date:___________________
Official Use
Date of Receipt ________________
Signed:___________________________
Position:__________________________
SCHEDULE TWO
REPLY TO COMPLAINT
NAME OF COMPLAINT:
DATE OF COMPLAINT:
Name of respondent
Address:
Phone no.:
Year of Membership of ACA (if applicable):
Professional Qualifications:
Reply to Complaint:____________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Signature:
Date:
SCHEDULE THREE
APPEAL OF DECISION OF DISCIPLINARY COMMITTEE
Address:
Phone no.:
Year of Membership of ACA (if applicable): Professional Qualifications:
Grounds of Appeal:_______________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Signature;
Date:
SCHEDULE FOUR
STATEMENT OF GROUNDS OF OPPOSITION TO APPEAL
Name:
Address:
Phone no.:
Year of Membership of (if applicable): ACA Professional
Qualitlcations:_________________________________________
Grounds of opposition to appeal:__________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Signature:
Date:
Appendix Two
Agricultural Consultants Association of Ireland
Code of Ethics
1. In carrying out his/her professional work, a member shall ensure that he/she is free of any involvement or undertaking likely to impair his/her objectivity towards that work.
2. A full or associate member shall not disclose or permit to be disclosed any confidential information which is in his/her possession regarding the affairs or business of any client, save with the client’s written consent or written terms of recognized exceptions.
3. A full member or associate member shall not permit or permit any member of his/her staff to accept any trade commission of any kind in the sale or supply of goods to clients or to have any interest monetary or otherwise in sale if goods or supply of services to clients unless such interest is fully disclosed to the client.
4. A member or associate member shall not favour goods in one firm in preference to the goods of another without technical justification.
5. A member shall not offer employment to the employee of another member without
first advising such other member of his intention to do so.
6. A member shall not publicly criticise the professional competence of another member
without prior notification to such member of an intention to do so.
7. A member shall not publicly criticise the professional competence to a client or a
member of the public.
8. A member acting as a consultant shall charge the appropriate commercial fee in exchange for the service provided.
9. A member shall not take over work or a file from another member on behalf of a client unless that member has confirmation in writing that all fees and outlays due to the first member have been discharged in full.
10. A breach of the above code of conduct will be treated as per the disciplinary procedures contained in appendix one to this Constitution.
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