Clause 3 Interpretation
3.1 In the event of any question of interpretation or any question on which this Constitution is silent, the NEC shall have the right to act according to its interpretation of the Constitution.
3.2 The terms 'HM Prison Service Agency, HM Prison Service, Prison Service and HMPS' throughout this Constitution refers to HM Prison Service Agency in its entirety. This includes privately run Prison Establishments in England and Wales, all contracted staff, temporary staff, voluntary staff, fixed-term staff, seconded staff and escort staff. If there is a dispute as to whether or not a body or member of staff comes within this definition, then the NEC's decision shall be final.
3.3 The term Minority Ethnic throughout this Constitution refers to all staff who are Black, Asian, mixed origin or of other minority ethnic origin who subscribe to the Aims of RESPECT. If there is a dispute as to the meaning of this term, the NEC’s decision on the matter will be final.
3.4 Should the term ‘Race Equality Adviser’, as used by HM Prison Service, be superseded by another title, then any reference to Race Equality Advisor in this Constitution shall refer to the new title for that role/post/office.
3.5 Should the term ‘Diversity & Equality Group’ as used by HM Prison Service, be superseded by another title, then any reference to the Diversity & Equality Group in this Constitution shall refer to the new title for that Group.
3.6 A session is a term of Office between two consecutive Annual National Conference.
3.7 A Local Area (LA) is any Prison, Area Office, Prison Service College, Headquarters Building, other building or group of buildings that accommodates eligible Members of RESPECT.
3.8 An Officer is an elected Chair, General Secretary, Vice Chair, Area Chair, Area Secretary or National Executive Committee member.
3.9

An Official is any Area Committee member including those covered in Clause 3.8.

 
Clause 5 Membership
Full Membership
5.1 Full Membership is open to all staff in the Prison Service (as defined in Clause 3.2) who meet the requirements set out in Clause 3.3.
5.2 Full Membership shall confer full voting rights for elections to the appropriate Area Committee and for any motions at Annual Area Meetings or Annual National Conferences.
5.3 Associate Membership is open to all staff within the Prison Service, who do not meet the requirements set out in Clause 5.1. The National Executive Committee (NEC) has the power to allocate specific non-elected roles to Associate Members from time to time as it sees fit subject to Clause 5.4.
5.4 Associate Members shall have no voting rights and shall have no right to be elected to the NEC or any other elected Office within RESPECT.
Conditions applying to both Full and Associate Members.
5.5 Full and Associate Membership shall cease upon retirement or on leaving HM Prison Service. See Clause 5.9.
5.6 Membership of RESPECT may be refused on application, or suspended or terminated by the NEC, as a result of a breach by any Member of the Code of Conduct (attached as Schedule 1 to this Constitution) by following the special procedure set out in Clause 5.7. Any Member who is an Officer or member of the NEC shall not be able to continue to hold these posts if their Membership has been terminated or suspended.
5.7 The NEC by simple majority vote shall be able to put forward a motion that an applicant is refused Membership or that an existing Membership be suspended or terminated. The applicant/Member concerned shall be notified of the motion and shall be given an opportunity to provide written representations within seven days. The General Secretary shall ensure that any representation and the NEC’s motion are sent to all NEC members at least 14 days before the next NEC meeting which will decide on the motion.
5.8 All Members shall have a copy of the Constitution on joining RESPECT.
Friends of RESPECT
5.9 All ex-Full Members and ex-Associate Members, who have retired or left the Prison Service, and those who do not meet the requirements set out in Clause 5.1 and Clause 5.3, may be invited by the NEC to become Friends of RESPECT and to participate in RESPECT activities. The NEC have the power to allocate specific non-elected roles to Friends of RESPECT from time to time as it sees fit subject to Clause 5.10.
5.10 Friends of RESPECT shall have no voting rights and shall have no right to be elected to the NEC or any other elected Office within RESPECT.

 

Schedule 1 - Respect Code Of Conduct

Purpose

A distinguishing mark of an organisation/association is acceptance by its Members of their responsibility and to protect
the interests that it serves. Members of RESPECT must maintain high standards of conduct in order for the organisation/
association to effectively discharge its responsibilities. RESPECT adopts this Code of Conduct for Members.

Applicability
1. This Code of Conduct is applicable to all Members. Membership of RESPECT is a voluntary action. By acceptance, Members assume an obligation of self-discipline above and beyond the requirements of law and regulations.
2. The standards of conduct set out in this Code of Conduct provide basic principles for RESPECT. Members should realise that their individual judgement is required in the application of these principles.
3. Members who are adjudged by the National Executive Committee of RESPECT to be in violation of the standards of conduct of the Code of Conduct shall be subject to forfeiture of their Membership in RESPECT.
Standards Of Conduct
4. Elected Officials of RESPECT shall exercise honesty, objectivity and diligence in the performance of their duties and responsibilities.
5. While on RESPECT business and/or carrying out their duties, RESPECT Officials will not canvas on behalf of any individual standing for Office in any other organisation. Failure to comply with this will result in the matter being brought before a RESPECT disciplinary committee.
6. Members shall exhibit loyalty in all matters pertaining to affairs of RESPECT. However, Members shall not knowingly be a party to any illegal or improper activity.
7. Members shall not knowingly engage in acts or activities that are discreditable to RESPECT.
8. Members shall not accept anything of value from an employee, client, customer, supplier or business associate of RESPECT that would impair, or be presumed to impair, their judgement.
9. Elected Officials of RESPECT shall undertake only those services that they can reasonably expect to complete with competence.
10. Members shall adopt suitable means to comply with the Code of Conduct for RESPECT.
11. Members shall be prudent in the use of information acquired in the course of being a part of RESPECT. They shall not use confidential information for any personal gain nor in any manner that would be contrary to law or detrimental to the welfare of RESPECT.
12. Elected Officials, when reporting on the results of their work, shall reveal all material facts known to them which, if not revealed, could either distort reports on issues under review or conceal unlawful practices.
13. Members shall continually strive for improvements in the proficiency, effectiveness and quality of RESPECT.
14. Members, in support of RESPECT, shall be mindful of their obligation to maintain high standards of competence, morality and dignity as promulgated by RESPECT. Members shall abide by the Clauses of the Constitution and uphold the Aims and objectives of RESPECT at all times.