Kitchen Garden Forum

Our allotment association operates on a self-managed site whilst still remaining tenants of the council. They do not get involved at all and leave the running of the site basically up to us. Unfortunately, we have one particularly nasty individual who is trying to take over the running of the committee. While this can be blocked, I would like to know whether any allotment officials out in KG land have any experience in kicking rogue elements off the plot. For example, does anybody have in place on their list of rules one which says that any member deemned by the committee to be detrimental to the overall ambience of the site or is suspected of activities contrary to the well being of the site can be kicked out BOOM!
Any help or guidance really appreciated at this difficult time.

Barry, I think the first thing you need to look at is your own set of rules, constitution, tenancy agreementetc. What do they say? And what does the Council have to say - is there an allotments officer who can give advice? And how do people join the committee? If by vote, then can you simply not vote him on, or vote him off?
If you don't have anything in writing, some kind of constitution, it would probvably be a good idea to adopt one - even if it can't be used to deal with tghis problem it might be of use in the future.
I'm sure other people here will be able to give you more practical help.

Hi Barry,
Can you tell me if your Society has a Tennancy agreement with your Council.
You say you are self managed so there must be some provision for dealing with Rouge Elements within this agreement.

Do you have a set of Rules or Constitution, if there is no provision, then it will be up to the members of your committee to draw up a set, Then give a copy to all of members and then they can decide on what they want in there rules. Your Rouge Element may begain to understand that his action are effecting his chances of remaining a member of your Society, Do not hold you breath as I have learnt from bitter and costly experience that these rouge elements have the capacity to make peoples life a nightmare, but you have to be strong and not let them win.

I hope that this is of some help


Kevin

Our Council admistered site has a tenancy agreement which has an ASBO type clause about not upsetting neighbours of the site, and site neighbours, which looks like a standard catch-em-all type thing, does yours have that?

In my experience these sort of situations are best dealt with on the 'shop floor'!
You don't say why you and others feel this person is nasty and should be removed. If you haven't made any effort to resolve the situation yourselves I don't think the council will very interested. From what you say they are quite happy for you to run your own show. If they do become involved they will have to listen to both sides and might not take your side! Best to keep them out of it in case they decide to impose their conditions on you.
I presume you all have the success of the association at heart. In the first instance the chair of the committee or someone delegated by him/her should have a quiet word with this person about the concerns raised by other members. From then on if comments are still made by members you need to get them to do this in writing if they want the committee to act - its a case of put up or shut up. If the situation doesn't improve then the committee will need to put something in writing to this person giving a time limit for an improvement as by now you will have some formal complaints. Then eventually I suppose you can issue a final notice if the situation still hasn't improved.

If all you are afraid of though is that one bossy person is going to be able take over the committee it doen't say a lot for the present committee does it - perhaps they do need a good shake up!

As others have said the procedure for dealing with these situation needs to be clearly set out in your constitution.

John

On our site we have a constitution that has to be observed by all members. There is a rouge element where I am and, if I could, i'd have 4 people out in the blink of an eye cos of the upset and trouble they have caused for others. The only other way they can be forced to leave is if they haven't tended their plot.

Some of them have had letters from the council saying that if they cause anymore trouble they are off.

I would look at the site and council rules and see what they say before you act. I think that you're going to have to be firm. Get together with other comittee members and have a plan of campaign, agreed by all. This person doesn't have to be at the meeting. So long as you have a quorum, you're fine. If it's just one person it won't be too difficult. Where I am there are about 4 or 5 people who make life hell for some. They tried their nasty ways with me but found that I wouldn't be intimidated.

Sounds like they're just a bully and the best way of dealing is through being united as a commitee and coming down hard

could'nt agree more lizzie,you took the words from my mouth well said

Thanks Peterf

It's just that my experience has been not to faff about. If you're going to do something, get on with it. Most of these trouble causers are bullies and they act like children. I'd deal with them in the same way as a petulant child.


The trouble makers where I am used to have a go about women and kids being on the site. My anse=wer was we're here and we're staying. If you don't like it, close the gate on the way out. There is a choice to be made.

Wonder how Barry got on? Hope he lets us know.

Our main problem is that we don't have a list of rules, as such. The council in theory issues tenancy agreements which outline acceptable practices. However, in reality, the Council wants nothing to do with allotments, doesn't issue tenancies and, as a result, people get away with murder. The current leadership cannot do anything concrete because it cannot refer back to a list of rules. So, I am working on a list of rules, which will have to be agreed by the membership at the next AGM and then each member will have to sign an agreement accepting the rules. These will then have to be enforced ruthlessly. However, I want to introduce a clause covering general behaviour, which prohibits actions contrary to the general well being and ambience of the plot. This is a highly controversial area, so I am interested if any other plots have this. If so, do you have a right of appeal and to whom?

You could try contacting the National Society of Allotment & Leisure Gardeners who have a helpline and can advise on legal matters. You may have to join to get the full service but it's only about £12 for a year as an individual. You can contact them from their website http://www.nsalg.org.uk/

Barry in our rules it states:-

Members shall not cause any nuisance or annoyance to the occupier of any other allotment garden.

Any member whose conduct is considered by the committee to be detrimental to the interests of the society may be called upon to give up their allotment garden and any damage done to anything connected with the society shall be made good by the person doing the damage. Such persons shall have a right of appeal to a Special or Annual General Meeting.

Any charge against a member must be sent in writing to the secretary who shall call a committee meeting to deal with it. Any decision of the committee may be appealed against at an Annual or Special General Meeting.

Will this help with your set of rules?

Sarahlee,
Yes, that is the type of rule I am toying with at the moment. Has your Association, to your knowledge, ever used this rule to chuck anybody off. If so, has anybody ever appealed? In general, I reckon that trouble makers are bullies and when challenged do back down. I also believe that rules have to be reasonably tight enough to prevent these stupid incidents from occuring.
My "killer clause" is going to be much more direct, I think, than yours. However, I don't like this idea of right of appeal, because sometimes offences committed aren't quantifiable. If we do insitute a right of appeal, I suspect it will be to the local authority! They don't want any trouble at all and would refer it back to the Committee. When you have to use a killer clause, relations between the Committee and the other plot holder have probably broken down anyway, wouldn't you agree?

Two people have been thrown out recently. One for none cultivation, for which there is a seperate rule. You are sent 2 warning letters and then a third to terminate the tenacy. Another person was thrown out for being nasty and picking on another member this was considered to be detrimental to the interests of the society.
You need to have the right of appeal because if someone decided that they didn't like you and wanted your plot it would be very easy for them to complain to the committee about you and get you thrown off. With the appeal you would be able to give your side of the story. Be careful with your killer clause - you might end up killing some of your best members!

I'm curious; when the other member was booted off for picking on another member did that person appeal? Have you ever had trouble from an ex-member after they were kicked off?

No he didn't appeal but the one who was thrown off for non cultivation kicked up a right stink. He was on to the allotment officer at the council and complained like mad but it all settled down in the end.