Writing a Constitution What is a constitution? In basic terms, a constitution is simply a set of written rules or an agreement setting out the aims of your group, how it will be run, and how the members will work together. When a group first forms it is often just a gathering of a few like-minded individuals working together to promote and enjoy a shared activity or interest. Once the group starts to progress and it begins to deal with handling money or applying for funding, it is helpful to agree some basic written rules about how it will do things. These written rules are referred to as a constitution. Why should a group have a constitution? A constitution is helpful because: it shows that your group is democratic and accountable, with clear methods by which decisions are made it provides a point of reference and can help resolve any problems or misunderstandings that may arise within the group it reassures the public and funding bodies that your group is properly run and that money is effectively managed without a written understanding, people may become confused and things may not get done What is a constitution made up of? A constitution should accurately reflect what a group wishes to do. The details of a constitution will vary accordingly. However, most constitutions have similarities in terms of their structure. Continued INVESTING IN THE ARTS 1 Making Bath & North East Somerset an even better place to live, work and visit If you are applying for an Arts Micro Grant your constitution must include the following ten things: 1. Name of your group 2. Aims of your group (sometimes called the ‘objects’) Your aims should cover why your group has come together and what it is hoping to accomplish. However, do not simply list various activities, but keep your aims as wide and flexible as possible to enable you to grow and change without having to amend your constitution each time you want to do something a different way. 3. The powers of the group The powers of the group are the things the group is allowed to do to carry out its activities and meet its objectives. Like your aims, you should also keep your powers broad and remember that your group may expand in the future or change as it develops. In general, this section may include details on the powers to: raise money receive contributions through a membership fee recruit volunteers or employ paid staff buy or rent premises/equipment carry out research work in partnership with other organisations do anything else within the law necessary to achieve the group’s aims 4. Rules and terms of membership of the group In setting out the rules of your group you may want to consider the following things: how you will appoint new members whether or not membership will be open to everyone, or only open to specific categories of people, e.g. children, older people, disabled people, etc.. if you are going to charge people to be a member and if so, who is going to set the price how long membership will last how many members your group will have how you will remove people from your group if you need to 5. Management Committee A management committee is the group of people who make decisions on behalf of all the members of the group about how the group is run. As well as deciding who will be on your management committee, it is important to consider the following things: When and how you will elect your management committee 2 How long they will be on the committee before a re-election is needed What procedures you will have in place if a member leaves How you will remove a committee member and for what reasons? 6. Officers It is common for groups to have named individuals, known as officers, to carry out various tasks on behalf of the group. These may include a chairperson, secretary and treasurer, etc. The same questions apply to the appointment of officers as for the appointment of the management committee. 7. Meetings Your constitution should set out the following: the minimum number of meetings you will hold and how often you will have them. how much notice you will give to inform your members when a meeting will be held the number of members that need to be present to allow a meeting to commence (this is known as the quorum). who can vote and how voting will occur (such as a show of hands). how your members can call a meeting, as opposed to your committee, and the minimum number of members needed in order to request such a meeting 8. Finance As your group grows and develops, a bank account in the group’s name will be essential because: it keeps the group’s money separate from that of any individual within the group public funders will not pay grants to individuals Your constitution must list any members authorised to sign cheques on behalf of the group, including the number of signatories needed. Cheques usually require a minimum of two signatories, but it is good practice to identify three or four members who are authorised (generally the chairperson, treasurer, secretary and another committee member). This section should also cover aspects of payment. Can any members or anyone involved with your group be paid for their time and services? This is not common practice, but you may want to consider paying reasonable expenses. 9. Amendments to the constitution It is important to recognise that as your group grows and develops it may wish to change what it does. When this happens you may find that you need to make 3 amendments to your constitution. Because your constitution represents the reasons why people joined your group in the first place, you should make sure that it cannot easily be changed without your members' agreement. You should consider the following things: whether a special meeting is needed and who should be present whether a majority vote of your members in favour of any amendments needs to be reached. This section should also include information regarding how much notice you will give to your members of any agreed changes that will affect them. 10. Dissolution of the group This section should set out the rules you will follow if for any reason you need to close down your group. It should include what will happen to any remaining assets or money. Usually, when a group ceases to exist, any outstanding debts are repaid and the group’s surplus assets or finances are then distributed or donated to similar groups or local charities. This is basically to reassure the public and any funding bodies that the money is being used properly. What does a constitution look like? There is an example constitution below. The examples of rules given here will probably not apply to your group. They are just to give you an idea of how these things are usually set out under the ten headings explained above. If you are applying for an Arts Micro Grant, you may use this example constitution as the model for creating your own. Please note that your constitution must address all of the ten headings. EXAMPLE CONSTITUTION 1) NAME The name of the group shall be XXXXX XXXXX, hereafter referred to as the Group. 2) AIMS The aims of the Group shall be: to improve the area known as XXXXX for the benefit of the inhabitants of the area; to encourage the goodwill and involvement of the wider community; to foster community spirit and encourage civic pride. 4 3) POWERS In furtherance of the objects, but not otherwise, the Management Committee may exercise the power to: (i) Promote the health and wellbeing of the residents of the area and to work together as residents irrespective of age, sex, ethnicity, ability, religion or political view. (ii) Promote environmental improvement and conservation by educating, encouraging and assisting the local population in environmental practice, working in partnership with similar groups and organisations. (iii) Invite and receive contributions and raise funds where appropriate, to finance the work of the Group, and to open a bank account to manage such funds. (iv) Publicise and promote the work of the Group and organise meetings, training courses, events or seminars etc. (v) Work with groups of a similar nature and exchange information, advice and knowledge with them, including co-operation with other voluntary bodies, charities, statutory and non-statutory organisations. (vi) Employ staff and volunteers (who shall not be members of the Management Committee) as are necessary to conduct activities to meet the objects. (vii) Take any form of action that is lawful, which is necessary to achieve the objects of the Group. 4) MEMBERSHIP (i) Membership shall be open to anyone who has an interest in assisting the Group to achieve its aim and is willing to adhere to the rules of the Group. (ii) Where it is considered membership would be detrimental to the aims and activities of the Group, the Management Committee shall have the power to refuse membership, or may terminate or suspend the membership of any member by resolution passed at a meeting. Members shall have the right to appeal via an independent adjudicator determined by mutual agreement of the management committee. (iii) Any member of the association may resign his/her membership by providing the Secretary with written notice. 5) MANAGEMENT COMMITTEE (i) The Group shall be administered by a management committee of no less than three (3) people and no more than fifteen (15), who must be at least 18 years of age. Members will be elected for a period of up to one year, but may be re-elected at the Group’s AGM. 6) OFFICERS (i) The Group shall have a committee consisting of: The Chairperson The Treasurer The Secretary 5 and any additional officers the Group deems necessary at the meeting required to carry out the required activities. 7) MEETINGS (i) The committee shall meet at least three times a year. Meetings shall enable the Group to discuss actions and monitor progress to date, and to consider future developments. (ii) All members shall be given at least fourteen (14) days’ notice of when a meeting is due to take place, unless it is deemed as an emergency. (iii) Two-thirds of committee members must be present in order for a meeting to take place. (iv) It shall be the responsibility of the Chairperson to chair all meetings or a designated deputy in his/her absence. All meetings must be minuted and accessible to interested parties. (v) The AGM shall take place no later than three months after the end of the financial year. At least fourteen (14) days’ notice must be given before the meeting takes place. (vi) All members are entitled to vote at the AGM. Voting shall be made by a show of hands on a majority basis. In the case of a tied vote, the Chairperson or an appointed deputy shall make the final decision. 8) FINANCE (i) Any money acquired by the Group, including donations, contributions and bequests, shall be paid into an account operated by the Management Committee in the name of the Group. All funds must be applied to the objects of the Group and for no other purpose. (ii) Bank accounts shall be opened in the name of the Group. Any deeds, cheques etc. relating to the Group’s bank account shall be signed by at least two (2) of the following committee members: Chairperson; Treasurer; Secretary. (iii) Any income/expenditure shall be the responsibility of the Treasurer who will be accountable to ensure funds are utilised effectively and that the Group stays within budget. Official accounts shall be maintained, and will be examined annually by an independent accountant who is not a member of the Group. An annual financial report shall be presented at the AGM. The Group’s accounting year shall run from 01 April to 31 March. 9) ALTERATION OF THE CONSTITUTION (i) Any changes to this constitution must be agreed by a majority vote at a special general meeting. (ii) Amendments to this constitution or dissolution of the Group must be conveyed to the Secretary formally in writing. The Secretary and other officers shall then decide on the date of a special general meeting to discuss such proposals, giving members at least four weeks (28 days) notice. 6 10) DISSOLUTION (i) The Group may be dissolved if deemed necessary by the members in a majority vote at a special meeting. Any assets or remaining funds after debts have been paid shall be returned to their providers or transferred to local charities or similar groups at the discretion of the Management Committee. This constitution was adopted at a meeting held at XXXXXX on XXXXXX by: Signed: Chairperson Signed: Treasurer Signed: Secretary Signed: Member Signed: Member 7