Omar Bennett
A constitution is a crucial document that outlines an association's purpose, structure, and operations. It serves as a contract between the association and its members, guiding its activities and decisions. When drafting a constitution, it is essential to consider the association's name, objectives, target community, and membership criteria. The constitution should also address membership fees, rights, and withdrawal processes. Additionally, it should establish roles, election procedures, and mechanisms for removing officers. Amendments to the constitution should be outlined, specifying the required majority vote and adherence to external regulations. The document should reflect the association's unique context and goals, avoiding unnecessary bureaucracy. A well-crafted constitution is a legal requirement and a foundation for the association's present and future endeavours.
| Characteristics | Values |
|---|---|
| Name | The official name of the association |
| Purpose | The purpose of the association and its activities |
| Membership | Who is eligible to be a member and their rights |
| Membership fee | Whether there is a fee and how often it is paid |
| Meetings | When meetings are held and how decisions are made |
| Amendments | How the constitution can be amended |
| By-laws | Any additional rules that govern the association |
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What You'll Learn
Name and purpose
The first step in drafting a constitution for an association is to decide on a name. This could be based on the area the association is based in, its activities, or both. Consider whether you want a catchy name that people will easily remember.
Once you have decided on a name, you should clearly outline the purpose of your association. This is a statement of your long-term goals and is arguably the most important part of your constitution. It should include information on the area you are working in, who will benefit from your activities, and how they will benefit. All activities of the association must be directed toward this purpose.
The purpose statement should also indicate that the association intends to work for the benefit of the entire community it represents. This demonstrates to statutory and voluntary bodies that the association is open, acting in good faith, and intends to work in a clear and business-like manner.
Additionally, the constitution should outline the association's intentions for its first year of operation and make provisions for possible future developments. It should also specify how the association will operate, serving as a contract between the association and its members.
Remember, the constitution is a legal document, and once adopted, any changes will require a formal procedure. It is important to create a constitution that reflects the way you want to operate and ensures it meets any necessary legal requirements.
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Membership criteria and fees
When drafting a constitution for an association, it is important to consider the group's aims and objectives, the area in which it is based, and its target audience. The constitution should reflect the way the association intends to operate and serve as a contract between the association and its members.
Regarding membership criteria and fees, there are several key considerations. Firstly, decide on the eligibility criteria for membership. This may include factors such as age, location, or affiliation with the group's purpose. It is essential to ensure that the membership criteria are inclusive and non-discriminatory, as mentioned in the sample constitution from UCI Law, which states that membership decisions shall not discriminate based on race, colour, national origin, religion, sex, gender identity, disability, age, among other factors.
Secondly, determine whether there will be different categories of members, such as voting and non-voting members, and outline the rights and responsibilities of each category. For example, voting members may have the exclusive right to elect officers and make decisions on behalf of the association.
Thirdly, consider whether to implement a membership fee. While membership fees can provide a source of funding for the association and help clarify who the members are, they may also deter potential members. If you decide to charge a membership fee, specify the amount and payment frequency (e.g., weekly, monthly, or annually). The fee amount should be decided upon democratically and reviewed periodically, as agreed upon by the association.
Additionally, outline the process for becoming a member, including any nomination or application procedures, and specify the rights and responsibilities of members. This may include the right to attend meetings and events, receive support or services provided by the association, and participate in decision-making processes. Members may also be expected to adhere to a code of conduct, actively contribute to the association's activities, and promote its values and objectives.
Lastly, it is crucial to establish procedures for withdrawing or terminating membership. This may include circumstances such as failure to adhere to the membership requirements, non-payment of fees, or conduct that conflicts with the association's values. The process for removing a member should be outlined, which may involve a vote among the existing members, as mentioned in the UCI Law sample constitution.
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Aims and objectives
Your aims should include information on the area you are working in, who will benefit from the group's activities, and how they will benefit. For example, if you are setting up a community group, your constitution should state the intentions of your association to work for the benefit of the whole community it represents. It should indicate that the association is open, acting in good faith, and intends to work in a clear and business-like manner.
Additionally, your objectives should outline the activities and operations of the association. All activities must be directed towards the purpose of the organisation. For instance, if you are dealing with finances, you should specify how funds will be handled and utilized. This includes details such as membership fees, annual payments, and the process for collecting and managing funds. It should also cover how the money will be used to further the aims of the group.
The constitution should also consider the future development of the association. This includes any plans for expansion, changes in operations, or adaptations to meet the evolving needs of the community or target group. It should be noted that the constitution is a living document that can be amended as the association evolves, ensuring it remains relevant and reflective of the group's current goals and objectives.
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Amendments and by-laws
When drafting a constitution for an association, it is important to remember that it is a legal document that outlines the group's structure and intentions. It is a contract between the association and its members, detailing how the group intends to operate and outlining its goals. Amendments and by-laws are an important part of this document, allowing for flexibility and the ability to adapt to future developments.
Amendments refer to changes or additions to the constitution itself. Due to the legal nature of the document, amendments often require a formal procedure and a higher level of consensus than by-laws. For example, a sample constitution from UCI Law states that amendments require a two-thirds vote of the entire membership, with notification of the motion provided to members in advance. All amendments must also be in line with relevant regulations and policies and be filed with the relevant authorities.
By-laws, on the other hand, are additional rules that support the constitution but are not part of the core document. By-laws can be added or changed by a simple majority vote of the membership, as seen in the UCI Law example. However, it is important to note that the constitution takes precedence over any by-laws, and these should not contradict the core principles outlined in the constitution. By-laws can be used to provide further detail on the day-to-day operations of the association, such as financial procedures or meeting procedures.
When drafting amendments and by-laws, it is crucial to ensure they align with the group's overall purpose and values. They should be clear and concise, reflecting the way the association wants to operate. It is also important to consider the level of formality required in the decision-making process, ensuring that any changes are properly discussed, agreed upon, and recorded.
In addition to the procedures for amending the constitution and adding by-laws, it is worth considering a mechanism for members to propose changes. This could be through a nominating process, a petition, or a suggestion during meetings. The process should be accessible and encourage member participation while also ensuring a thorough consideration of proposed changes.
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Election and removal of officers
When drafting a constitution for an association, it is important to outline the procedures for electing and removing officers. Here are some key considerations and provisions to include:
Election of Officers
The election process should be fair and democratic, allowing all members an opportunity to participate. Here are some steps to consider:
- Any member may nominate another member or themselves for a position.
- Elections should be held at a predetermined meeting, such as the second-to-last meeting of a semester or annual general meeting.
- Nominations can be made during the election meeting itself before voting commences.
- To ensure a decisive outcome, a simple majority vote (over 50%) of the members present at the meeting should be required to elect an officer.
- In cases where there are multiple candidates and no clear majority, a runoff vote between the top two candidates can be held to determine a winner.
Removal of Officers
The process for removing officers should be outlined separately from that of general members. Here are some key points:
- Officers can be removed for various reasons, including failure to perform their duties, violation of the membership clause, or a certain number of consecutive absences.
- Officers subject to removal should be notified in writing at least one week before the meeting at which the removal vote will be taken.
- Removal from office typically requires a higher threshold than election, such as a two-thirds majority vote of the members present at a regularly scheduled meeting.
- It is important to distinguish between removing an officer from their position and removing them from the board or the association entirely. Different voting requirements may apply depending on the specific circumstances.
By outlining these procedures in your constitution, you establish a clear framework for electing and removing officers within your association, ensuring fairness and providing a mechanism to address issues that may arise.
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Frequently asked questions
A constitution is a formal document that outlines how an association operates and is a contract between the association and its members. It is an important document that should be formally adopted/agreed upon when setting up an association.
A constitution usually covers the following:
- Name and purpose: The official name of the organization and its purpose, including aims, objectives, and long-term goals.
- Membership: Who is eligible to be a member, any membership fees, rights, and withdrawal processes.
- By-laws and amendments: How by-laws can be added and amended, and how officers can be nominated and removed.
- Finances: Details on how finances will be managed, including bank accounts, signatories, and financial statements.
You can use a model constitution template to ensure it meets legal requirements, or you can draft your own. If drafting your own, it is important to reflect the way in which you want to operate and ensure it is acceptable to any relevant commissions or regulations.
Amendments to the constitution can be made through a voting process. A simple majority vote is usually required for most changes, while more significant changes, such as removing an officer, may require a two-thirds majority vote. Changes must be made in accordance with any relevant regulations and policies.
