Any organisation that intends to operate in a professional manner must have a Constitution to which it is bound. RESPECT is no different.

The RESPECT Constitution sets out the Aims of RESPECT and the rules relating to membership, Local RESPECT Groups, Area Committees and the National Executive Committee. It sets out guidelines that must be followed with regard to Annual Area Meetings, the Annual National Conference and the election of RESPECT Officials.

The very first RESPECT Constitution went to print in August 2000. A total of 60,000 copies were printed and distributed throughout the Prison Service and the wider Civil Service. To date the Constitution has been revised only once, at the 2002 Annual National Conference where 44 of the 46 proposed amendments were carried by the membership.

Amendments were required as a result of the speed at which RESPECT has grown. Additional Clauses to cover the emergence of Local RESPECT Groups catered for the majority of the amendments.

The RESPECT Constitution is the policy document of RESPECT and the guiding principle by which RESPECT Officials carry out their duties.

Amendments To Respect Constitution - 9th October 02

Preamble

The Prison Service Management Board has pledged its support and funding for RESPECT, and given a commitment to provide funding for RESPECT as part of the Prison Service commitment to Diversity and Equality. The Director General of the Prison Service has agreed to ensure that the Prison Service Management Board is held accountable, by acting as “Champion” on behalf of RESPECT.

This organisation is constituted in order to improve the working conditions of Minority Ethnic staff within HM Prison Service. The issue was highlighted in the ‘MaST Focus Report on the Facilitation of Minority Ethnic Staff in HM Prison Service’ of August 1998. The restriction on Membership under Clause 5 arises from the findings of the Focus Report.

The Diversity & Equality Group has agreed to assist with the funding of RESPECT in the manner set out in Clause 9.3 of this Constitution.

Clause 1	Name
1.1	The association shall be called "RESPECT". From hereon in this document referred to as RESPECT.
	top
Clause 2	Address
2.1	RESPECT shall have its registered address at HM Prison Service, RESPECT Central Office, Abell House Room 206/207, John Islip Street, LONDON, SW1P 4LH.
	top
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	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.
3.3	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.
	top
Clause 4	Aims
4.1	RESPECT shall seek to improve the working environment and career progression of Minority Ethnic (ME) personnel (as defined at Clause 3.3) within HM Prison Service Agency (as defined in Clause 3.2). It shall strive to support and advance mutual causes with other similar ME networks situated in other Government Departments and the Private Sector.
4.2	These Aims shall be achieved by:
	A. Providing a support network for Members and working closely with other Networks and Associations. B. Providing direct assistance to staff who suffer from racial harassment and racial discrimination. C. Being a voice for ME staff. D. Developing a community for ME staff to share experiences, problems and solutions. E. Fostering better relations between ME staff and other staff. F. Fostering a better partnership between management and staff. G. Being instrumental in ensuring equality of opportunity within HM Prison Service for all ME staff. H. Assisting in the development of new and existing policies, where necessary, with regards to ME staff. I. Addressing issues raised by the Prison Service MaST Focus Report of August 1998.
4.3	RESPECT is not seeking to supersede any other representative body.
4.4	For the sake of clarity, the Aims of RESPECT listed at Clause 4.3 are to be read only in relation to staff and not in relation to equalities issues arising for prisoners.
	top
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.
	top
Clause 6	Local Respect Groups
6.1	A Local RESPECT Group (LRG) is a RESPECT Support Group set up by RESPECT Members that work in a Local Area. See Clause 3.7 for the definition of a Local Area (LA).
6.2	All Local RESPECT Groups should seek to carry out their business within the spirit of the RESPECT Aims and Code of Conduct and in line with this Constitution. LRG’s should seek to elect from its Full Members, a Local RESPECT Group Committee (LRGC) (only Full Members are eligible to vote). The LRGC should elect from its members an Area Committee Member and where practicable, a Local Chair and a Local Secretary.
	top
Clause 7	Area Committees
7.1	Each elected member of the AC shall be responsible for ensuring that the AC conducts its business and represents its Members within the spirit of the RESPECT Aims and Code of Conduct and in line with this Constitution.
7.2	Areas will be divided geographically, in line with Prison Service Areas and Prison Service Headquarters (Greater London) Management areas or in any other way agreed by the NEC of RESPECT after consultation with Members via the RESPECT Area Committees. For the purpose of clarity, these Areas will be known as RESPECT Areas. Prison Service Headquarters Groups/Units outside Greater London, shall be deemed to form part of the RESPECT Area in which they are geographically located. Women, Juvenile and the High Security estate shall be deemed to form part of the RESPECT Area in which they are geographically located.
7.3	Each Local RESPECT Group or Local Area is entitled to have one elected member of that Group/Area on the RESPECT Area Committee, with the exception of the Headquarters RESPECT Area. See Clause 7.7
7.4	To elect the Area Committee Member from a Local Area, where no Local RESPECT Group exists but where there are more than 10 Full Members, the existing Area Committee must organise elections within the Local Area for this purpose. The election must take place at a meeting called by the exiting RESPECT Area Committee and the outcome decided by simple majority of the votes cast by those present.
7.5	Where it is not possible to elect an Area Committee Member from within a Local Area (e.g. where there are insufficient Full Members available to form a Local RESPECT Group Committee) then any Full Member may nominate themselves to be the Area Committee Member for their Local Area. Where there is more than one nominee for the post of Area Committee Member, but too few Full Members to carry out elections (fewer than 10 Full Members), the name of all those nominated for the post should be written on a separate piece of paper by the Area Chair. These pieces of paper should be checked by the Area Secretary and an independent Member of RESPECT, from a different Local Area to that of the nominees. The pieces of paper must then be place in an envelope and in the presence of the Area Chair and Area Secretary the independent Member must pull out just one piece of paper. The Area Chair will then read out the name on that piece of paper. The Area Secretary and the independent Member will confirm that the Area Chair is correct and the individual named will become the Area Committee member for that Local Area.
7.6	AC members will all serve for two sessions and then step down from the AC. Members who have previously been on the AC may stand for re-election. Having stepped down the individual may again stand for re?election to the post of AC Member at any time, provided they are successfully elected onto their Local RESPECT Group or nominated to represent their Local Area.
7.7	The Headquarters (HQ) RESPECT Area will be made up of elected volunteers. The elections will take place at the HQ Annual Area Meeting (AAM) and will be by simple majority vote. The maximum number of elected HQ RESPECT Area Committee members will be 12. With the exception of this Clause, which refers only to the HQ RESPECT Area Committee, all other Clauses referring to RESPECT Area Committees will apply to the HQ RESPECT Area Committee.
7.8	Each AC will elect from its members, an Area Chair, an Area Secretary and a National Executive Committee (NEC) member. Either the Chair or Secretary may also be elected as the NEC member. If the elected NEC member during his or her term of Office, moves Area, or for any reason resigns from or is removed from the NEC, the AC will once again elect a member from that AC to be the new NEC member.
7.9	Each AC will have a quorum of 4 and will meet at least 3 times a year. Decisions will be made by simple majority vote, with the Chair having the casting vote if there is an even vote.
7.10	The AC may appoint or co-opt up to 3 additional members to the AC. The co-opted members must be Full Members of RESPECT and shall be entitled to vote at meetings of the AC. The AC may also establish sub-committees and advisory committees as it deems necessary and prescribe their powers and terms of reference.
7.11	Each AC will have a quorum of 4 and will meet at least 3 times a year. Decisions will be made by simple majority vote, with the Chair having the casting vote if there is an even vote.
7.12	Co-opted AC members do not represent a Local RESPECT Group or Local Area. They can be nominated to do so by their AC member, provided the AC member is not present and has informed the Area Secretary before hand.
7.13	The AC will have the power to organise events, consultation exercises, and services for Members at the Area level, which are in keeping with the Aims of RESPECT. The elected AC, having taken advice from the NEC, shall determine any questions as to an AC’s powers.
	top
Clause 8	National Executive Committee (NEC)
8.1	The National Executive Committee of RESPECT shall consist of one (1) National Executive Committee member from each of the RESPECT Areas. Area Committees pursuant to Clause 7 of this Constitution shall elect NEC members.
8.2	The NEC shall elect from its members, the Chair, General Secretary and Vice Chair (unless the Chair, General Secretary or Vice Chair remains appointed from the previous period) and any other Officers it deems necessary. The NEC shall determine the duties of each of these Officeholders within the terms of the constitution.
8.3	The NEC shall meet not less than five times a year.
8.4	The Chair and General Secretary shall serve for 3 sessions before automatically stepping down. Having stepped down as either Chair or General Secretary, the individual may stand for re?election to the post of Chair and/or General Secretary at any time, provided they are successfully elected or nominated onto their RESPECT Area Committee and subsequently elected as NEC member for their RESPECT Area.
8.5	In order to maintain neutrality for the posts of Chair and General Secretary, immediately on being elected to either of these posts the Chair and General Secretary must step down from their posts as NEC member for their Area Committee. The Area Committee, from which the Chair and the General Secretary have been elected, should immediately seek to fill the vacancy. This should be done by carrying out an election amongst Full Members of the Local RESPECT Group from which the new Chair and General Secretary had been elected or nominated in accordance with the guidance se out under Clause 6.
8.6	With the exception of the Chair and the General Secretary, all other NEC members will serve for two sessions and then step down from the NEC. Having stepped down as NEC member for a RESPECT Area, the individual may stand for immediate re-election to the post of NEC member for their RESPECT Area, provided they are successfully elected or nominated onto the RESPECT Area Committee.
8.7	Any NEC member (including those holding any Office within the NEC) who is absent for 2 or more consecutive meetings, or more than half of the meetings in a given calendar year (measured from the date of appointment), shall automatically have their Membership of the NEC terminated at the following NEC meeting (see Clause 8.8).
8.8	If any member of the NEC can show good reason, orally or in writing, as to why they were or shall be unable to attend NEC meetings, then the NEC can vote to waive the operation of Clause 8.7 by majority vote. This may be done before or after the automatic operation of Clause 8.7.
8.9	The NEC shall have at least 9 members (ecxluding the Chair) present for a quorum and shall take all decisions on the basis of a simple majority. In the the event of an even vote, the Chair, (or in his/her absence, the Chair of the meeting appointed under Clause 8.10) shall have the casting vote.
8.10	The Chair of RESPECT shall be the Chair of all NEC meetings. In the absence of the Chair, the Vice Chair shall Chair the meeting. In the absence of both the Chair and the Vice Chair, the NEC shall appoint an NEC member to chair the meeting.
8.11	The General Secretary shall be responsible for the administration of NEC meetings and for the keeping of minutes of NEC meetings.
8.12	The NEC may appoint or co-opt up to five additional Full Members to the NEC, whether or not these Members have previously been co-opted or elected to the NEC. The co-opted member must be a Full Member of RESPECT. He/she shall be entitled to vote at NEC meetings, only where the motion being proposed is one that has not already been voted on by each of the RESPECT Areas. Where an NEC vote is being cast as a result of an earlier RESPECT Area Committee vote, only one person, the elected NEC member, is entitled to represent that RESPECT Area in the voting process.
8.13	Co-opted NEC members do not represent a RESPECT Area. They can be nominated to do so by their NEC member, provided the NEC member is not present and has informed the General Secretary before hand.
8.14	The NEC may co-opt any Full Member of RESPECT, including NEC members, to fill the Office of Chair or General Secretary if either Office falls vacant.
8.15	Any Officer or member of the NEC may at any time, resign by written notice given to the General Secretary. The General Secretary shall give notice to the NEC as a whole.
8.16	Any NEC member transferring to another of the RESPECT Area Committee’s that make up the NEC shall lose their automatic seat on the NEC on transfer, but may be co-opted to the NEC under the terms of Clause 8.12 and Clause 8.13 if there are co-optee spaces available.
8.17	The General Secretary shall give at least 14 days notice of NEC meetings to all members of the NEC and shall include an agenda for the meeting in the notice.
8.18	The NEC shall have the role of overseeing the running of RESPECT as a whole, advising on national events and services for Members and representing the Membership at the national level in relation to the Aims of RESPECT. In addition to Annual National Conferences (see Clause 9), the NEC may call national meetings when it feels these are necessary, including for the purpose of determining Members views on important matters.
8.19	The NEC shall set a period of four weeks within which each Area Committee must hold their Annual Area Meeting. At least four weeks notice of the commencement date of this period must be given to all Area Secretaries. The commencement date of this period must not be more than fifteen months after the last period. The NEC shall be dissolved at the commencement of the set period and the new NEC shall meet again for the first time within four weeks after the end of this period.
	top
Clause 9	Annual Area Meeting (AAM)
9.1	Each Area Committee shall hold an Annual Area Meeting on a date and at a time and place agreed by the AC, but within the period of time set out by the NEC for all AC's (see Clause 8.9). All Members within a given Area are entitled to attend the AAM and Full Members are entitled to vote at the AAM on any of the motions set out in the agenda.
9.2	The agenda for the AAM shall include:
	A. Minutes of the last AAM B. Area Chairperson’s Report C. Area Secretary’s Report D. Any motion put forward by the AC or by Members under Clause 9.6 E. Election of Area Committee members
9.3	The agenda, including details of all proposed motions and candidates, shall be circulated to all Members with the notice of the AAM.
9.4	At least 14 days notice will be given of the AAM.
9.5	The quorum for the AAM shall be five percent (5%) of the Membership in that Area (rounding up where necessary). The Area Secretary shall be responsible for keeping an up to date list of RESPECT Members in that Area.
9.6	Motions to be put forward at the AAM can either be put forward by the AC or by any group of at least 10 Members giving notice to the Secretary at least 7 days before the AAM. Any motion passed by two-thirds of those present at the AAM will be binding on the AC members as long as it complies with the terms of this Constitution.
	top
Clause 10	Annual National Conference (ANC)
10.1	Motions to be put forward at the AAM can either be put forward by the AC or by any group of at least 10 Members giving notice to the Secretary at least 7 days before the AAM. Any motion passed by two-thirds of those present at the AAM will be binding on the AC members as long as it complies with the terms of this Constitution.
10.2	The General Secretary will give all Members 28 days notice of the date, time and place of the ANC. The agenda for the ANC will include presentation of the Chair’s Report and the General Secretary’s Report.
10.3	Any group of 20 Members or more may, by petition to the Chair in writing, within 14 days of the notice of the ANC, put forward motions to be put to the Members at the ANC to amend the constitution. The NEC and Area Committees will be able to put forward motions to amend the constitution. Any motions received by the Chair from a suitable group of Members, the NEC or AC shall be circulated to Members at least 7 days before the ANC.
10.4	The Constitution may not be amended except by a majority of at least two-thirds of the votes cast by the Full Members present and voting at an ANC.
	top
Clause 11	Agreement With HM Prison Service As To Finance
11.1	RESPECT will not hold any funds in its own name, and will not raise any funds.
11.2	The Chair of RESPECT will prepare an Annual Business Plan. The business plan will outline the proposed activities of RESPECT for the forthcoming financial year. The Business Plan will be submitted to the Prison Service Management Board, in keeping with the Prison Service Business–Planning timetable.
11.3	The Diversity & Equality Group has agreed to administer the expenditure incurred in pursuit of the activities of RESPECT, against its Aims and the agreed Business Plan.
	top

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.