Paralegal Skills and Advice Centres > Establishing an Advice Centre > A Constitution for an Advice Centre > What Are the Main Parts of an Advice Centre’s Constitution?
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What Are the Main Parts of an Advice Centre’s Constitution?

NAME

The name of the organisation.

AIMS AND OBJECTIVES
  • The organisation’s immediate goals
  • The organisation’s broader political or social aims
MEMBERSHIP
  • Who may join
  • The duties and privileges of members
  • What the membership fees are

Some organisations like an advice centre may not be membership-based organisations. so they will not include a membership section.

STRUCTURES AND DECISION-MAKING
  • What structures exist
  • How they are formed/elected/employed/appointed
  • What powers and duties each structure has
  • To whom they are accountable
Structures could be:
  • General meetings, including an Annual General Meeting (AGM)
  • Executive Committee and/or Management Committee
  • What office bearers certain structures have, for example the Executive Committee may have positions of Chairperson, Secretary, Treasurer
  • Sub-committees
  • Employees
  • A staff committee
  • National structures
  • Regional structures
  • Branch structures
  • Local structures
Decision-making includes:
  • What powers and duties each structure or portfolio has
  • The notice period required for certain meetings
  • What quorum is needed to make meetings constitutional
    (‘Quorum’ means that a certain number of members must be present at a meeting if any decisions are to be made. For example, a constitution may say that at least two-thirds of the committee must be present at any committee meeting. Here a quorum will be two-thirds of the total number of the committee.)
MEETING PROCEDURE
  • Who will chair meetings
  • What type of things will be on the agenda
  • How voting will take place
  • How minutes are recorded, read and approved
ELECTION OF OFFICE BEARERS
  • At which structure or level office bearers are elected
  • How office bearers are elected, for example by verbal nomination and show of hands, or by nomination forms and ballot papers
  • How the results of the voting procedure are announced
  • How vacancies are filled
STAFF
  • How staff are appointed
  • What positions they hold
  • What their duties are
  • To whom they are accountable and how they report on their tasks and activities
DISCIPLINE
  • What kind of behaviour is expected of members, office bearers or staff
  • What kind of behaviour is unacceptable
  • When an investigation or disciplinary hearing will be held
  • How people may be disciplined
FINANCIAL CONTROL
  • Who is responsible for keeping records of all financial income and expenditure
  • To whom is that person accountable, for example to an executive committee
  • Who can sign cheques
  • How often money has to be banked and by whom
  • Who has to approve withdrawals from the bank account
  • Who must draw up financial statements
  • How often these have to be submitted to a controlling structure
  • When the organisation’s financial year will begin and end
  • When and to whom audited statements are submitted, for example to the AGM
AFFILIATION
  • To whom is the organisation affiliated
  • What responsibilities or duties this carries
AMENDMENTS TO THE CONSTITUTION
  • What percentage of the membership is needed to vote in favour of amending the constitution
  • How a member or members wishing to propose an amendment go about this
DISSOLUTION
  • What percentage of members is needed to vote in favour of ending the organisation
  • What decisions must be taken with regard to the organisation’s assets
  • The appointment and duties of a liquidator (the person who administers the dissolving of an organisation)

A constitution with all these parts would be very long and involved. On the opposite page is an example of a very simple constitution. You must draw up your constitution to suit the needs of your organisation.