| durham_law_society_constitution.doc |
DURHAM UNIVERSITY LAW SOCIETY CONSTITUTION
PART 1 – NAME
AND OBJECTS
Name of the Society
1.1 The name of the Society shall be Durham University Law Society.
1.2 Durham University Law Society shall be referred to as ‘the Society’ for the remainder of this document.
1.3 Members of the Society shall be referred to as ‘Members’ for the remainder of this document.
Aims of the Society
1.4 On behalf of the Society, the Executive Committee shall aim to:
1.4.1 Provide opportunities to meet with professionals from all areas of the legal profession in a variety of different environments, thereby helping to facilitate access to the legal profession.
1.4.2 Organise social events throughout the year; providing the membership of the society with the opportunity to network with other Members and legal professionals.
1.4.3 Promote prominent and pertinent human rights issues through the organisation of speakers and the promulgation of information and resources on contemporary issues.
1.4.4 Provide the membership with other opportunities of a legal nature that are consistent with the aforementioned objectives.
1.4.5 Ensure compliance of the aims and activities of the Society with Durham Student Union (hereafter DSU) Regulations.
1.5 All provisions of this Constitution are to be interpreted in accordance with these aims.
PART 2 – MEMBERSHIP
2.1 Membership of the Society shall be available to all members of Durham University.
2.2 Fees shall be set annually at the discretion of the Executive Committee.
2.3 Queries regarding membership fees must be addressed by the Finance Director or Secretary.
2.4 The duration of membership may be for one academic year or for life.
2.5 It is the policy of the Society that refunds will not be offered. Symbolic gestures may be offered at the discretion of the Executive Committee.
Termination and Suspension of Membership
2.6 Membership of the Society may be terminated or suspended by a vote representing a two thirds majority of the full Executive Committee, at any Committee meeting.
2.6.1 Where the number of Executive Committee members present at a Committee meeting is less than two thirds of the full Executive Committee, the matter shall be adjourned until an Executive Committee meeting at which an adequate number of Committee members are present.
2.7 The person whose membership is under scrutiny must be given a minimum of seven days’ notice of the meeting and has the right to make any written submissions to the Executive Committee, either prior to the meeting or during it.
2.8 Every suspension must be reviewed termly for a maximum of three terms before a final decision is made to either terminate or re-instate membership.
2.9 Where membership is suspended or terminated, membership fees cannot be reclaimed.
PART 3 – THE EXECUTIVE COMMITTEE
3.1 The Executive Committee is to comprise of the President, Vice President, Secretary, Finance Director, Social Events Co-ordinator, Careers Officer, Ball Chair, and Human Rights Officer.
3.2 An additional position of Chair is to be held. The Chair shall be independent of the Executive Committee.
President
3.3 To qualify for presidential nomination, a candidate ought previously to have held a position on the Executive Committee. However, where no qualifying candidate is forthcoming in the Epiphany term election, an outside candidate may be considered when nominations reopen (see Clause 6.2).
3.4 The role of the President of the Society (hereafter “the President”) shall be to:
3.4.1 Co-ordinate, lead and support the Executive Committee;
3.4.2 Act with the Finance Director to distribute funds and act as a joint signatory on the Law Society Bank Account;
3.4.3 Arrange meetings and draft the corresponding agenda.
3.4.4 Carry out any activities necessary to fulfil the Aims of the Society.
3.5 The President may delegate tasks to individual members of the Executive Committee where it is necessary for the effective functioning of the Society. He or she may also work with the Vice President to check the progress of delegated tasks.
Vice President
3.6 To qualify for vice-presidential nomination, a candidate ought previously to have held a position on the Executive Committee. However, where no qualifying candidate is forthcoming in the Epiphany term election, an outside candidate may be considered when nominations reopen (see Clause 6.2).
3.7 The role of the Vice President of the Society (hereafter “the Vice President”) shall be to:
3.7.1 Co-ordinate, lead and support the Executive Committee;
3.7.2 Work in concert with the President to fulfil the duties set out under clause 3.4
3.7.3 Support and aid other members of the Executive Committee in the fulfilment of their duties.
Secretary
3.8 The Secretary shall take minutes at each Committee meeting and distribute them amongst the Executive Committee and Chair, within two days of the meeting.
3.9 The Secretary shall be the main contact point for Members’ communications. He/she has a duty to ensure that a response is given to communications and will issue Society e-mails as required.
3.10 The Secretary shall be responsible for membership sign-up, both at the Durham University Freshers’ Fair and subsequently, and must ensure that all new Members obtain a membership card. He/she must also keep the membership list and mailing list organised and updated.
3.11 The Secretary shall be responsible for the production and distribution of the Term Card, acting in consultation with the President and other members of the Executive Committee. He/she shall also produce tickets and publicity materials for Society events.
Finance Director
3.12 Sponsorship shall be the key role of the Finance Director of the Society (hereafter “the Finance Director”). He/she shall:
3.12.1 Identify and contact sponsors to request sponsorship;
3.12.2 Maintain such contact with sponsors as is necessary until sponsorship has been received or an invoice has been sent;
3.12.3 Report to the Executive Committee on ongoing sponsorships and sponsorship requests and co-ordinate with the Executive Committee.
3.13 Sponsorship shall be sought for Society events, the Society website, the Society Term Card and for any other such items that correspond to the Aims of the Society.
3.14 As the point of contact for many law and other firms when organising events, the Finance Director shall liaise with the Social Events Co-ordinator regarding dates and event information and keep the lines of communication open between the relevant firm (or other sponsor) and the Executive Committee.
3.15 The Finance Director shall determine the budget and ticket price for each event, having due regard to the amount of sponsorship available and likely turnout for the particular event.
3.16 The Finance Director shall be further responsible for:
3.16.1 Liaising with the Durham Student Union for finance-related purposes,
3.16.2 Keeping up-to-date accounts for the Society,
3.16.3 Acting in concert with the President for the distribution of finances and acting as a joint signatory, along with the President, on the Society’s bank account.
3.17 The Finance Director shall keep a written budget for each event, with a detailed break down of costs, to be included in the handover notes.
Social Events Co-ordinator
3.18 The Social Events Co-ordinator shall be responsible for organising and publicising all social events of the Society, other than the Law Society Winter Ball.
3.19 In pursuance of this role, the Social Events Co-ordinator shall liaise with the Finance Director regarding sponsorship.
3.20 He/she shall also support and co-ordinate with the Ball Chairs regarding the Society Winter Ball.
Careers Officer
3.21 The Careers Officer shall organise, co-ordinate, advertise and run legal-career related events. These will primarily comprise open days, skills sessions and networking events.
3.22 The Careers Officer shall also network with professionals, firms and bodies to increase opportunities for Members and, in addition, ought to communicate with various law firms, educational bodies and career organisations.
Ball Chair
3.23 The Ball Chair shall be responsible for organising and advertising the Law Society Winter Ball, with assistance from the Social Events Co-ordinator.
3.24 The Ball Chair shall also liaise with the Finance Director regarding sponsorship for the Ball and shall support and co-ordinate with the Social Events Co-Coordinator.
3.25 Ideas and options must be discussed with the Executive Committee or directly with the President and Finance Director.
Human Rights Officer
3.26 The Human Rights Officer shall organise human rights events and speakers and promote awareness of current human rights issues throughout the Society.
Chair
3.27 The Chair of the Society (hereafter “the Chair”) shall oversee the Executive Committee and monitor the performance of their Society functions. He/she is responsible for ensuring compliance with the provisions of this Constitution and shall be responsible for the initiation and co-ordination of any disciplinary action against members of the Executive Committee.
3.28 The Chair shall run the meetings of the Executive Committee.
3.29 The Chair shall remain independent of the Executive Committee to allow impartiality in the exercise of his/her role. He/she will not vote on Executive Committee matters. However, the Chair may offer an opinion regarding events and Society matters where such an opinion will not infringe on his/her impartiality.
3.30 The Chair shall be responsible for drafting any amendments to this Constitution.
3.31 Where ambiguity exists within this Constitution, the Chair shall determine an appropriate meaning. He/she may consult with other members of the Executive Committee for this purpose.
3.32 The Chair shall act as the Returning Officer for all Society elections and take on any duties that the role requires.
Sub-Committees
3.33 Any sub-committee shall be the responsibility of the Executive Committee member under whose role the tasks being undertaken by that committee fall.
3.34 The creation of a sub-committee must be approved initially by a majority of those Executive Committee members present at any Committee meeting.
Miscellaneous
3.35 Members of the Executive Committee must not use their position in any way or for any purpose other than for the effective performance of their functions in the Society.
3.36 Clause 3.35 applies to all forms of communication with Members and any use of the Law Society Contact List. Clause 3.35 also covers use and design of the Society website.
3.37 Executive Committee members may recover expenses incurred in the course of their role, providing:
3.37.1 The Finance Director considers that it is appropriate in light of the condition of Society finances.
3.37.2 The Executive Committee approves the expenditure unanimously.
3.38 Outgoing members of the Executive Committee and the Chair have a duty to ensure that incoming position holders have adequate information to perform their functions effectively and must compile handover notes for this purpose.
3.39 Members of the Executive Committee must also endeavour to ensure the effective running of the Society as a whole and shall take on additional roles for this purpose where necessary. This provision applies particularly to assistance in the running of, or preparation for, Society events.
3.40 Subject to Clause 1.4, the roles, responsibilities and duties of the Executive Committee, as detailed in Part 3 of this Constitution, shall not preclude the Executive Committee, whether collectively or individually, from taking on any additional roles, responsibilities or duties.
PART 4 - EXECUTIVE COMMITTEE MEETINGS
4.1 Subject to Clause 4.2, a meeting of the Executive Committee shall be held a minimum of once every two weeks during term time.
4.2 The timing of Executive Committee meetings shall be at the sole discretion of the President.
4.3 Agendas shall be distributed to all members of the Executive Committee by the Vice President prior to any Executive Committee meeting.
4.4 Minutes of Executive Committee meetings shall be distributed to all members of the Executive Committee by the Vice President after any Executive Committee meeting.
4.5 The Chair shall be responsible for presiding over all Executive Committee meetings.
4.6 Executive Committee members shall communicate with each other in an honest, respectful and non-discriminatory way.
4.7 All members of the Executive Committee are required to attend Executive Committee meetings. The President shall have sole discretion to grant leave for absenteeism.
4.8 Persistent failure to attend Executive Committee meetings may result in disciplinary proceedings according and subject to the provisions in Part 8 of this Constitution.
4.9 Any Executive Committee member who is unable to attend any Executive Committee meeting shall send apologies for absence to the President prior to that meeting.
4.10 Subject to Clause 4.11, where a formal vote of the Executive Committee is required to approve a particular course of action, opinions on the given motion are not, whether formally or informally, to be discussed outside of Committee meetings by Committee members, except on a forum which includes the Executive Committee in its entirety.
4.11 Where necessary, the Chair may solicit opinions from Committee members for the purposes of resolving Committee issues outside of meetings.
PART 5 – NON-EXECUTIVE POSITIONS
5.1 Non-Executive position holders shall not be considered part of the Executive Committee and shall not vote on Committee matters.
5.2 Non-Executive position holders shall undertake their responsibilities subject to any relevant provisions in this Constitution.
Website Manager
5.3 The Website Manager shall maintain, update and develop the Society website on behalf of the Executive Committee.
5.4 He/she shall liaise with the members of the Executive Committee as necessary, in order to keep the website up to date.
Sports Officer
5.5 The Sports Officer shall organise and co-ordinate sporting events for the Society. This may include the formation and organisation of Society sports teams.
5.6 He/she shall also be responsible for entering Society sports teams into other sporting events, where the partaking in such events may benefit Members. These events include, but are not limited to, firm-sponsored events and sporting competitions with other university law societies.
PART 6 – ELECTIONS
Timing
6.1 Nominations for positions on the Executive Committee and for the position of Chair shall open at the beginning of the fifth week of Epiphany term and shall close at the end of that week.
6.2 Where there is no forthcoming candidate for President or Vice President, nominations will then be opened to the whole Society over the weekend between the fifth and sixth weeks of Epiphany term.
6.3 Manifestos shall be distributed and hustings shall take place during the sixth week of Epiphany Term.
6.4 Elections shall take place in the seventh week of Epiphany term.
Procedure
6.5 Subject to Clauses 3.3 and 3.6 any Member may submit themselves as a candidate.
6.6 Joint candidatures are forbidden, with the exception of Ball Chair which may be held by a maximum of two persons.
6.7 Each candidate must submit one A4-page as a manifesto. Failure to do so shall result in disqualification from the election.
6.8 Manifestos must be issued to the Returning Officer no more than two days after the close of nominations and in any case no later than the end of the fifth week of Epiphany term.
6.9 Voting shall be open from Monday until Friday in the seventh week of Epiphany Term.
6.10 Voting shall be done using the first past the post voting system.
6.11 Votes shall be cast via e-mail, to an e-mail account separate from that used generally by the Society. The Returning Officer shall have sole access to this account.
6.12 The outgoing Chair shall be the Returning Officer.
Election Materials
6.13 All election materials must be approved by the Returning Officer.
6.14 Negative campaigning is prohibited and shall result in disqualification. Disciplinary action under Part 2 of this Constitution may also be taken at the discretion of the outgoing Executive Committee.
6.15 Publicity other than approved manifestos and hustings is prohibited. Any other form of publicity or campaigning outside of that approved by the Returning Officer shall result in disqualification.
Withdrawal and Disqualification of Candidates
6.16 Candidates may remove themselves from the election at any time by notification to the Returning Officer or President.
6.17 In addition to the circumstances described in Clauses 6.14 and 6.15, a candidate shall also be disqualified from election if their Society membership is terminated or suspended.
Re-Opened Nominations
6.18 Re-opened nominations shall follow the procedures set out above but shall follow the election timeline in the first, second and third week of Easter term.
No Candidate
6.19 Where no candidate is forthcoming, the outgoing position holder must maintain their position until a candidate is elected, or upon their effective resignation or graduation.
6.20 Where a post is left unfilled, the Executive Committee shall share the duties of the position. This shall be governed by the President who may distribute duties as he/she sees fit.
6.21 Where no candidate stands in the Epiphany term election, the procedure shall follow that of a re-opened nomination.
6.22 Nominations shall continue to be re-opened for an unfilled position at the discretion of the Returning Officer, with the approval of a majority of the Executive Committee.
Elections Following Resignation or Removal
6.23 Nominations and manifestos shall be issued in the week immediately following resignation or removal. Elections shall be held in the subsequent week.
6.24 Hustings shall take place at the discretion of the Returning Officer and Executive Committee.
6.25 Following the removal of an Executive Committee member, the remaining members of the Executive Committee shall share responsibility for the role in the interim between removal and the election of a new candidate. This shall be governed by the President who may distribute duties as he/she sees fit.
PART 7 - RESIGNATION OF EXECUTIVE COMMITTEE MEMBERS
Notice
7.1 Any member of the Executive Committee who wishes to resign their post shall give a minimum of 14 days formal notice to the President. Where the resignee is the President, notice shall be given to the Vice President.
7.2 A notification of resignation shall be sent to all Members within a reasonable period.
7.3 Subject to Clause 7.4, the resigning member of the Executive Committee shall perform all of his or her functions and duties fully until a new position holder is elected.
7.4 A resignation may take effect before a new Executive Committee member is elected if this is agreed to by a majority of the Executive Committee. In such circumstances, the Executive Committee shall share responsibility for the role until a new candidate is elected.
7.5 Failure by the resigning party to comply with any clause in this section shall result in the termination of membership from the Society.
7.5.1 The determination of Clause 7.5 shall be at the discretion of the non-resigning member(s) of the Executive Committee.
7.5.2 In the event of an en masse resignation by the Executive Committee, the Chair shall have sole discretion in the determination of Clause 7.5.
Procedure
7.6 Where any member of the Executive Committee gives sufficient notice of his or her resignation, in compliance with Clause 7.1, the non-resigning member(s) of the Executive Committee shall call for a by-election, in full accordance with the relevant procedure set out in Part 6 of this Constitution.
7.7 In the event of an en masse resignation by the Executive Committee, the Chair shall be responsible for the by-election of the Executive Committee.
7.7.1 The Chair may appoint, at his or her own discretion, any Members to assist him/her in the organisation of the by-election, up to a maximum of 5 people.
PART 8 – DISCIPLINE OF THE EXECUTIVE COMMITTEE
8.1 Disciplinary proceedings may be initiated against any member of the Executive Committee for any of the following:
8.1.1 Any behaviour unbecoming to the Society as a whole;
8.1.2 Any behaviour contrary to individual duties under this Constitution or failure to fulfil those duties; or
8.1.3 Any abuse of position.
8.2 All disciplinary procedures must be initiated by the Chair of the Society, subject to Clause 8.6.
Behaviour Unbecoming
8.3 In relation to proceedings under Clause 8.1.1 for behaviour unbecoming to the Society as a whole:
8.3.1 The Chair shall initiate proceedings by bringing the relevant behaviour to the attention of the Executive Committee at any Committee meeting.
8.3.2 The Chair may choose to discuss the matter with the President and Vice President prior to raising the issue at an Executive Committee meeting.
8.3.3 If two thirds of those present at the Executive Committee meeting consider the Committee member in question to be guilty of behaviour unbecoming to the Society as a whole, that member may be removed from the Executive Committee.
8.3.4 The Chair also has the discretion to propose a written warning as an alternative to removal where he/she sees fit.
Failure to Fulfil Duties
8.4 In relation to proceedings under Clause 8.1.2 for behaviour contrary to individual duties under the Constitution or failure to fulfil those duties:
8.4.1 The Chair shall initiate proceedings by issuing a verbal warning.
8.4.2 If the behaviour complained of continues, the Chair may issue a written warning.
8.4.3 If both a verbal and a written warning have been issued, and if two thirds of those present at the Executive Committee meeting consider the member in question to be acting in a way contrary to his/her individual duties under the constitution, or failing to fulfil those duties, that member may be removed from his/her position and from the Executive Committee.
Abuse of Position
8.5 In relation to proceedings under Clause 8.1.3 for abuse of position, the procedure to be followed shall be decided by the Chair having regard to the seriousness of the offence and all the relevant circumstances of the case.
Discipline of the Chair
8.6 In the event that disciplinary proceedings are required in relation to the Chair, Clause 8.2 shall not apply and disciplinary action shall be initiated by the President.
8.7 If two thirds of those present at a meeting of the Executive Committee consider the Chair to be guilty of any of the offences outlined in Clauses 8.1.1 to 8.1.3, the Chair may be removed from his/her position or issued with a written warning.
Right of Appeal
8.8 Any member of the Executive Committee who is subject to disciplinary proceedings shall be notified of the charges against him/her at least seven days in advance of the Executive Committee meeting at which the matter is to be discussed.
8.9 The Executive Committee member in question shall be given the opportunity to make any written or oral submissions to the Executive Committee during the meeting at which the matter is discussed.
8.10 The Committee member shall have a right to appeal by way of an Extraordinary General Meeting (“EGM”) if the Executive Committee is presented with a petition signed by no less than 10% of the Society Membership.
8.11 In the event that an EGM is called, the relevant clauses under Parts 9 and 10 of this Constitution shall apply.
PART 9 – ANNUAL GENERAL MEETINGS
9.1 The Annual General Meeting (“AGM”) of the Society shall take place in the sixth week of Epiphany term, contemporaneously with electoral hustings for the Executive Committee.
9.2 A quorum of three Members must be present before any resolution can be passed.
Notice
9.3 A notification of the AGM’s occurrence and an agenda containing the order of business and resolutions to be put before the AGM must be distributed to all Members a minimum of 14 days before the date of the AGM.
9.4 The method of distribution remains at the discretion of the Executive Committee.
9.5 The President is responsible for ensuring that adequate notice is given to the Society.
9.5.1 The President ought also to ensure that Members are made aware of the deadline for submitting Member resolutions (see Clause 9.8).
Resolutions
9.6 Notice is required of any resolution to be put before an AGM (see Clause 9.3).
9.7 All resolutions must be proposed and seconded.
9.8 Any non-Executive Member wishing to propose a resolution must notify the President no later than the third week of epiphany term.
9.9 A member’s resolution must be put before the AGM unless:
9.9.1 It would, if passed, be ineffective (whether by reason of inconsistency with any enactment of this Constitution or otherwise);
9.9.2 It is defamatory of any person; or
9.9.3 It is frivolous or vexatious.
9.10 A new resolution may not be proposed during the AGM itself.
9.11 Resolutions shall be passed by a show of hands.
Chairperson
9.12 The Chairperson of the AGM shall be the President.
9.13 If the President is unable to attend or is not in attendance after 15 minutes of the AGM’s start time, the Executive Committee and Chair shall elect one of their number as Chairperson by majority vote.
9.14 The Chairperson has the discretion to eject any attendee who is being disruptive or abusive or on any other reasonable ground.
9.15 The Chairperson may end discussion on a resolution if he/she believes the discussion has become counterproductive.
9.16 The Chairperson has sole discretion to begin and conclude the AGM.
9.17 On a vote on a resolution at any general meeting on a show of hands, a declaration by the Chairperson that the resolution has or has not been passed is conclusive evidence of that fact.
PART 10 – EXTRAORDINARY GENERAL MEETINGS
10.1 An Extraordinary General Meeting (“EGM”) of the Society may be called by the President, acting on a vote approved by a majority of the Executive Committee at any Executive Committee meeting.
10.2 The President is further obliged to call an EGM if presented with a petition signed by no less than 10% of the Society Membership.
10.3 The clauses under Part 9 of this Constitution relating to notice and to the Chairperson shall also apply in the context of an EGM unless the exception in Clause 10.4 applies.
10.4 The President (or any other person) shall not hold the position of Chairperson if any resolution directly concerns him/her.
10.5 The President, or if the meeting directly concerns him/her, the Vice President, shall be responsible for publicising the EGM.
10.6 Decisions shall be taken by a two-third majority of all attendees.
PART 11 – CHANGING THE CONSTITUTION
11.1 The Constitution may be changed by resolution at any general meeting of the Society.
11.2 Any Member may put forward a motion to amend the Constitution. All provisions relating to Resolutions under Part 9 of this Constitution apply.
11.3 Amendments shall take effect as immediately as reasonably practicable.
11.4 Any changes to the Durham Students’ Union Charter which affect the Society will be automatically binding and shall take precedence in the event of any conflict with this Constitution.
Procedure
11.5 Where a quorum of 10% of Members are present at the general meeting, the resolution for amendment may be passed by a show of hands constituting not less than two thirds of those present.
11.6 Where the quorum is not met, the resolution for amendment may be passed, subject to Clause 11.7, by a show of hands constituting not less than three quarters of those present.
11.7 Following a vote in favour of amendment under Clause 11.6, Members must be notified and given the opportunity to object. Where more than 5% of Members lodge an objection to the amendment, the resolution shall be tabled until the next general meeting.
PART 12 – FINANCIAL RESPONSIBILITY
12.1 Durham Students’ Union bears ultimate responsibility for any loss or damage incurred in the course of the running of the Society which results or may result in liability for the Society or its Members insofar as this is covered by their insurance policy.
12.2 Society spending is to be agreed upon by the Executive Committee. The President shall have ultimate discretion over the distribution of funds within the Society.
PART 13 – COMPLIANCE WITH DSU
13.1 All activities and conduct in the course of the Society shall be carried out in compliance with DSU regulations.
13.2 Any breach of Clause 13.1 by a member/members of the Executive Committee shall result in disciplinary action being taken under Part 8 of this Constitution.
13.3 In the event of any conflict between this Constitution and any Regulation(s) and/or Requirement(s) of the DSU, the Regulation(s) and/or Requirement(s) of the DSU shall prevail and the specific conflicting provision contained within this Constitution shall be indefinitely suspended, until the DSU Regulation(s) and/or Requirement(s) is removed, thereby removing any conflicts, or until the Constitution is amended, in accordance with the procedure laid out in Part 11 of this Constitution, to remove the specific conflicting provision.
13.4 Queries or contentions regarding Clause 13.3 shall be discussed by the Chair with the relevant DSU representative.
13.5 The DSU retains supervisory control over the Society and may deal with Member complaints and uphold this Constitution in the event of a consistent and unjustified failure of the Chair and Executive Committee to do so.
PART 14 – RELATIONSHIP WITH DURHAM UNIVERSITY LAW SCHOOL
14.1 The relationship between the Society and Durham University Law School shall be governed by the Durham Law Department Code of Conduct for Societies.
Name of the Society
1.1 The name of the Society shall be Durham University Law Society.
1.2 Durham University Law Society shall be referred to as ‘the Society’ for the remainder of this document.
1.3 Members of the Society shall be referred to as ‘Members’ for the remainder of this document.
Aims of the Society
1.4 On behalf of the Society, the Executive Committee shall aim to:
1.4.1 Provide opportunities to meet with professionals from all areas of the legal profession in a variety of different environments, thereby helping to facilitate access to the legal profession.
1.4.2 Organise social events throughout the year; providing the membership of the society with the opportunity to network with other Members and legal professionals.
1.4.3 Promote prominent and pertinent human rights issues through the organisation of speakers and the promulgation of information and resources on contemporary issues.
1.4.4 Provide the membership with other opportunities of a legal nature that are consistent with the aforementioned objectives.
1.4.5 Ensure compliance of the aims and activities of the Society with Durham Student Union (hereafter DSU) Regulations.
1.5 All provisions of this Constitution are to be interpreted in accordance with these aims.
PART 2 – MEMBERSHIP
2.1 Membership of the Society shall be available to all members of Durham University.
2.2 Fees shall be set annually at the discretion of the Executive Committee.
2.3 Queries regarding membership fees must be addressed by the Finance Director or Secretary.
2.4 The duration of membership may be for one academic year or for life.
2.5 It is the policy of the Society that refunds will not be offered. Symbolic gestures may be offered at the discretion of the Executive Committee.
Termination and Suspension of Membership
2.6 Membership of the Society may be terminated or suspended by a vote representing a two thirds majority of the full Executive Committee, at any Committee meeting.
2.6.1 Where the number of Executive Committee members present at a Committee meeting is less than two thirds of the full Executive Committee, the matter shall be adjourned until an Executive Committee meeting at which an adequate number of Committee members are present.
2.7 The person whose membership is under scrutiny must be given a minimum of seven days’ notice of the meeting and has the right to make any written submissions to the Executive Committee, either prior to the meeting or during it.
2.8 Every suspension must be reviewed termly for a maximum of three terms before a final decision is made to either terminate or re-instate membership.
2.9 Where membership is suspended or terminated, membership fees cannot be reclaimed.
PART 3 – THE EXECUTIVE COMMITTEE
3.1 The Executive Committee is to comprise of the President, Vice President, Secretary, Finance Director, Social Events Co-ordinator, Careers Officer, Ball Chair, and Human Rights Officer.
3.2 An additional position of Chair is to be held. The Chair shall be independent of the Executive Committee.
President
3.3 To qualify for presidential nomination, a candidate ought previously to have held a position on the Executive Committee. However, where no qualifying candidate is forthcoming in the Epiphany term election, an outside candidate may be considered when nominations reopen (see Clause 6.2).
3.4 The role of the President of the Society (hereafter “the President”) shall be to:
3.4.1 Co-ordinate, lead and support the Executive Committee;
3.4.2 Act with the Finance Director to distribute funds and act as a joint signatory on the Law Society Bank Account;
3.4.3 Arrange meetings and draft the corresponding agenda.
3.4.4 Carry out any activities necessary to fulfil the Aims of the Society.
3.5 The President may delegate tasks to individual members of the Executive Committee where it is necessary for the effective functioning of the Society. He or she may also work with the Vice President to check the progress of delegated tasks.
Vice President
3.6 To qualify for vice-presidential nomination, a candidate ought previously to have held a position on the Executive Committee. However, where no qualifying candidate is forthcoming in the Epiphany term election, an outside candidate may be considered when nominations reopen (see Clause 6.2).
3.7 The role of the Vice President of the Society (hereafter “the Vice President”) shall be to:
3.7.1 Co-ordinate, lead and support the Executive Committee;
3.7.2 Work in concert with the President to fulfil the duties set out under clause 3.4
3.7.3 Support and aid other members of the Executive Committee in the fulfilment of their duties.
Secretary
3.8 The Secretary shall take minutes at each Committee meeting and distribute them amongst the Executive Committee and Chair, within two days of the meeting.
3.9 The Secretary shall be the main contact point for Members’ communications. He/she has a duty to ensure that a response is given to communications and will issue Society e-mails as required.
3.10 The Secretary shall be responsible for membership sign-up, both at the Durham University Freshers’ Fair and subsequently, and must ensure that all new Members obtain a membership card. He/she must also keep the membership list and mailing list organised and updated.
3.11 The Secretary shall be responsible for the production and distribution of the Term Card, acting in consultation with the President and other members of the Executive Committee. He/she shall also produce tickets and publicity materials for Society events.
Finance Director
3.12 Sponsorship shall be the key role of the Finance Director of the Society (hereafter “the Finance Director”). He/she shall:
3.12.1 Identify and contact sponsors to request sponsorship;
3.12.2 Maintain such contact with sponsors as is necessary until sponsorship has been received or an invoice has been sent;
3.12.3 Report to the Executive Committee on ongoing sponsorships and sponsorship requests and co-ordinate with the Executive Committee.
3.13 Sponsorship shall be sought for Society events, the Society website, the Society Term Card and for any other such items that correspond to the Aims of the Society.
3.14 As the point of contact for many law and other firms when organising events, the Finance Director shall liaise with the Social Events Co-ordinator regarding dates and event information and keep the lines of communication open between the relevant firm (or other sponsor) and the Executive Committee.
3.15 The Finance Director shall determine the budget and ticket price for each event, having due regard to the amount of sponsorship available and likely turnout for the particular event.
3.16 The Finance Director shall be further responsible for:
3.16.1 Liaising with the Durham Student Union for finance-related purposes,
3.16.2 Keeping up-to-date accounts for the Society,
3.16.3 Acting in concert with the President for the distribution of finances and acting as a joint signatory, along with the President, on the Society’s bank account.
3.17 The Finance Director shall keep a written budget for each event, with a detailed break down of costs, to be included in the handover notes.
Social Events Co-ordinator
3.18 The Social Events Co-ordinator shall be responsible for organising and publicising all social events of the Society, other than the Law Society Winter Ball.
3.19 In pursuance of this role, the Social Events Co-ordinator shall liaise with the Finance Director regarding sponsorship.
3.20 He/she shall also support and co-ordinate with the Ball Chairs regarding the Society Winter Ball.
Careers Officer
3.21 The Careers Officer shall organise, co-ordinate, advertise and run legal-career related events. These will primarily comprise open days, skills sessions and networking events.
3.22 The Careers Officer shall also network with professionals, firms and bodies to increase opportunities for Members and, in addition, ought to communicate with various law firms, educational bodies and career organisations.
Ball Chair
3.23 The Ball Chair shall be responsible for organising and advertising the Law Society Winter Ball, with assistance from the Social Events Co-ordinator.
3.24 The Ball Chair shall also liaise with the Finance Director regarding sponsorship for the Ball and shall support and co-ordinate with the Social Events Co-Coordinator.
3.25 Ideas and options must be discussed with the Executive Committee or directly with the President and Finance Director.
Human Rights Officer
3.26 The Human Rights Officer shall organise human rights events and speakers and promote awareness of current human rights issues throughout the Society.
Chair
3.27 The Chair of the Society (hereafter “the Chair”) shall oversee the Executive Committee and monitor the performance of their Society functions. He/she is responsible for ensuring compliance with the provisions of this Constitution and shall be responsible for the initiation and co-ordination of any disciplinary action against members of the Executive Committee.
3.28 The Chair shall run the meetings of the Executive Committee.
3.29 The Chair shall remain independent of the Executive Committee to allow impartiality in the exercise of his/her role. He/she will not vote on Executive Committee matters. However, the Chair may offer an opinion regarding events and Society matters where such an opinion will not infringe on his/her impartiality.
3.30 The Chair shall be responsible for drafting any amendments to this Constitution.
3.31 Where ambiguity exists within this Constitution, the Chair shall determine an appropriate meaning. He/she may consult with other members of the Executive Committee for this purpose.
3.32 The Chair shall act as the Returning Officer for all Society elections and take on any duties that the role requires.
Sub-Committees
3.33 Any sub-committee shall be the responsibility of the Executive Committee member under whose role the tasks being undertaken by that committee fall.
3.34 The creation of a sub-committee must be approved initially by a majority of those Executive Committee members present at any Committee meeting.
Miscellaneous
3.35 Members of the Executive Committee must not use their position in any way or for any purpose other than for the effective performance of their functions in the Society.
3.36 Clause 3.35 applies to all forms of communication with Members and any use of the Law Society Contact List. Clause 3.35 also covers use and design of the Society website.
3.37 Executive Committee members may recover expenses incurred in the course of their role, providing:
3.37.1 The Finance Director considers that it is appropriate in light of the condition of Society finances.
3.37.2 The Executive Committee approves the expenditure unanimously.
3.38 Outgoing members of the Executive Committee and the Chair have a duty to ensure that incoming position holders have adequate information to perform their functions effectively and must compile handover notes for this purpose.
3.39 Members of the Executive Committee must also endeavour to ensure the effective running of the Society as a whole and shall take on additional roles for this purpose where necessary. This provision applies particularly to assistance in the running of, or preparation for, Society events.
3.40 Subject to Clause 1.4, the roles, responsibilities and duties of the Executive Committee, as detailed in Part 3 of this Constitution, shall not preclude the Executive Committee, whether collectively or individually, from taking on any additional roles, responsibilities or duties.
PART 4 - EXECUTIVE COMMITTEE MEETINGS
4.1 Subject to Clause 4.2, a meeting of the Executive Committee shall be held a minimum of once every two weeks during term time.
4.2 The timing of Executive Committee meetings shall be at the sole discretion of the President.
4.3 Agendas shall be distributed to all members of the Executive Committee by the Vice President prior to any Executive Committee meeting.
4.4 Minutes of Executive Committee meetings shall be distributed to all members of the Executive Committee by the Vice President after any Executive Committee meeting.
4.5 The Chair shall be responsible for presiding over all Executive Committee meetings.
4.6 Executive Committee members shall communicate with each other in an honest, respectful and non-discriminatory way.
4.7 All members of the Executive Committee are required to attend Executive Committee meetings. The President shall have sole discretion to grant leave for absenteeism.
4.8 Persistent failure to attend Executive Committee meetings may result in disciplinary proceedings according and subject to the provisions in Part 8 of this Constitution.
4.9 Any Executive Committee member who is unable to attend any Executive Committee meeting shall send apologies for absence to the President prior to that meeting.
4.10 Subject to Clause 4.11, where a formal vote of the Executive Committee is required to approve a particular course of action, opinions on the given motion are not, whether formally or informally, to be discussed outside of Committee meetings by Committee members, except on a forum which includes the Executive Committee in its entirety.
4.11 Where necessary, the Chair may solicit opinions from Committee members for the purposes of resolving Committee issues outside of meetings.
PART 5 – NON-EXECUTIVE POSITIONS
5.1 Non-Executive position holders shall not be considered part of the Executive Committee and shall not vote on Committee matters.
5.2 Non-Executive position holders shall undertake their responsibilities subject to any relevant provisions in this Constitution.
Website Manager
5.3 The Website Manager shall maintain, update and develop the Society website on behalf of the Executive Committee.
5.4 He/she shall liaise with the members of the Executive Committee as necessary, in order to keep the website up to date.
Sports Officer
5.5 The Sports Officer shall organise and co-ordinate sporting events for the Society. This may include the formation and organisation of Society sports teams.
5.6 He/she shall also be responsible for entering Society sports teams into other sporting events, where the partaking in such events may benefit Members. These events include, but are not limited to, firm-sponsored events and sporting competitions with other university law societies.
PART 6 – ELECTIONS
Timing
6.1 Nominations for positions on the Executive Committee and for the position of Chair shall open at the beginning of the fifth week of Epiphany term and shall close at the end of that week.
6.2 Where there is no forthcoming candidate for President or Vice President, nominations will then be opened to the whole Society over the weekend between the fifth and sixth weeks of Epiphany term.
6.3 Manifestos shall be distributed and hustings shall take place during the sixth week of Epiphany Term.
6.4 Elections shall take place in the seventh week of Epiphany term.
Procedure
6.5 Subject to Clauses 3.3 and 3.6 any Member may submit themselves as a candidate.
6.6 Joint candidatures are forbidden, with the exception of Ball Chair which may be held by a maximum of two persons.
6.7 Each candidate must submit one A4-page as a manifesto. Failure to do so shall result in disqualification from the election.
6.8 Manifestos must be issued to the Returning Officer no more than two days after the close of nominations and in any case no later than the end of the fifth week of Epiphany term.
6.9 Voting shall be open from Monday until Friday in the seventh week of Epiphany Term.
6.10 Voting shall be done using the first past the post voting system.
6.11 Votes shall be cast via e-mail, to an e-mail account separate from that used generally by the Society. The Returning Officer shall have sole access to this account.
6.12 The outgoing Chair shall be the Returning Officer.
Election Materials
6.13 All election materials must be approved by the Returning Officer.
6.14 Negative campaigning is prohibited and shall result in disqualification. Disciplinary action under Part 2 of this Constitution may also be taken at the discretion of the outgoing Executive Committee.
6.15 Publicity other than approved manifestos and hustings is prohibited. Any other form of publicity or campaigning outside of that approved by the Returning Officer shall result in disqualification.
Withdrawal and Disqualification of Candidates
6.16 Candidates may remove themselves from the election at any time by notification to the Returning Officer or President.
6.17 In addition to the circumstances described in Clauses 6.14 and 6.15, a candidate shall also be disqualified from election if their Society membership is terminated or suspended.
Re-Opened Nominations
6.18 Re-opened nominations shall follow the procedures set out above but shall follow the election timeline in the first, second and third week of Easter term.
No Candidate
6.19 Where no candidate is forthcoming, the outgoing position holder must maintain their position until a candidate is elected, or upon their effective resignation or graduation.
6.20 Where a post is left unfilled, the Executive Committee shall share the duties of the position. This shall be governed by the President who may distribute duties as he/she sees fit.
6.21 Where no candidate stands in the Epiphany term election, the procedure shall follow that of a re-opened nomination.
6.22 Nominations shall continue to be re-opened for an unfilled position at the discretion of the Returning Officer, with the approval of a majority of the Executive Committee.
Elections Following Resignation or Removal
6.23 Nominations and manifestos shall be issued in the week immediately following resignation or removal. Elections shall be held in the subsequent week.
6.24 Hustings shall take place at the discretion of the Returning Officer and Executive Committee.
6.25 Following the removal of an Executive Committee member, the remaining members of the Executive Committee shall share responsibility for the role in the interim between removal and the election of a new candidate. This shall be governed by the President who may distribute duties as he/she sees fit.
PART 7 - RESIGNATION OF EXECUTIVE COMMITTEE MEMBERS
Notice
7.1 Any member of the Executive Committee who wishes to resign their post shall give a minimum of 14 days formal notice to the President. Where the resignee is the President, notice shall be given to the Vice President.
7.2 A notification of resignation shall be sent to all Members within a reasonable period.
7.3 Subject to Clause 7.4, the resigning member of the Executive Committee shall perform all of his or her functions and duties fully until a new position holder is elected.
7.4 A resignation may take effect before a new Executive Committee member is elected if this is agreed to by a majority of the Executive Committee. In such circumstances, the Executive Committee shall share responsibility for the role until a new candidate is elected.
7.5 Failure by the resigning party to comply with any clause in this section shall result in the termination of membership from the Society.
7.5.1 The determination of Clause 7.5 shall be at the discretion of the non-resigning member(s) of the Executive Committee.
7.5.2 In the event of an en masse resignation by the Executive Committee, the Chair shall have sole discretion in the determination of Clause 7.5.
Procedure
7.6 Where any member of the Executive Committee gives sufficient notice of his or her resignation, in compliance with Clause 7.1, the non-resigning member(s) of the Executive Committee shall call for a by-election, in full accordance with the relevant procedure set out in Part 6 of this Constitution.
7.7 In the event of an en masse resignation by the Executive Committee, the Chair shall be responsible for the by-election of the Executive Committee.
7.7.1 The Chair may appoint, at his or her own discretion, any Members to assist him/her in the organisation of the by-election, up to a maximum of 5 people.
PART 8 – DISCIPLINE OF THE EXECUTIVE COMMITTEE
8.1 Disciplinary proceedings may be initiated against any member of the Executive Committee for any of the following:
8.1.1 Any behaviour unbecoming to the Society as a whole;
8.1.2 Any behaviour contrary to individual duties under this Constitution or failure to fulfil those duties; or
8.1.3 Any abuse of position.
8.2 All disciplinary procedures must be initiated by the Chair of the Society, subject to Clause 8.6.
Behaviour Unbecoming
8.3 In relation to proceedings under Clause 8.1.1 for behaviour unbecoming to the Society as a whole:
8.3.1 The Chair shall initiate proceedings by bringing the relevant behaviour to the attention of the Executive Committee at any Committee meeting.
8.3.2 The Chair may choose to discuss the matter with the President and Vice President prior to raising the issue at an Executive Committee meeting.
8.3.3 If two thirds of those present at the Executive Committee meeting consider the Committee member in question to be guilty of behaviour unbecoming to the Society as a whole, that member may be removed from the Executive Committee.
8.3.4 The Chair also has the discretion to propose a written warning as an alternative to removal where he/she sees fit.
Failure to Fulfil Duties
8.4 In relation to proceedings under Clause 8.1.2 for behaviour contrary to individual duties under the Constitution or failure to fulfil those duties:
8.4.1 The Chair shall initiate proceedings by issuing a verbal warning.
8.4.2 If the behaviour complained of continues, the Chair may issue a written warning.
8.4.3 If both a verbal and a written warning have been issued, and if two thirds of those present at the Executive Committee meeting consider the member in question to be acting in a way contrary to his/her individual duties under the constitution, or failing to fulfil those duties, that member may be removed from his/her position and from the Executive Committee.
Abuse of Position
8.5 In relation to proceedings under Clause 8.1.3 for abuse of position, the procedure to be followed shall be decided by the Chair having regard to the seriousness of the offence and all the relevant circumstances of the case.
Discipline of the Chair
8.6 In the event that disciplinary proceedings are required in relation to the Chair, Clause 8.2 shall not apply and disciplinary action shall be initiated by the President.
8.7 If two thirds of those present at a meeting of the Executive Committee consider the Chair to be guilty of any of the offences outlined in Clauses 8.1.1 to 8.1.3, the Chair may be removed from his/her position or issued with a written warning.
Right of Appeal
8.8 Any member of the Executive Committee who is subject to disciplinary proceedings shall be notified of the charges against him/her at least seven days in advance of the Executive Committee meeting at which the matter is to be discussed.
8.9 The Executive Committee member in question shall be given the opportunity to make any written or oral submissions to the Executive Committee during the meeting at which the matter is discussed.
8.10 The Committee member shall have a right to appeal by way of an Extraordinary General Meeting (“EGM”) if the Executive Committee is presented with a petition signed by no less than 10% of the Society Membership.
8.11 In the event that an EGM is called, the relevant clauses under Parts 9 and 10 of this Constitution shall apply.
PART 9 – ANNUAL GENERAL MEETINGS
9.1 The Annual General Meeting (“AGM”) of the Society shall take place in the sixth week of Epiphany term, contemporaneously with electoral hustings for the Executive Committee.
9.2 A quorum of three Members must be present before any resolution can be passed.
Notice
9.3 A notification of the AGM’s occurrence and an agenda containing the order of business and resolutions to be put before the AGM must be distributed to all Members a minimum of 14 days before the date of the AGM.
9.4 The method of distribution remains at the discretion of the Executive Committee.
9.5 The President is responsible for ensuring that adequate notice is given to the Society.
9.5.1 The President ought also to ensure that Members are made aware of the deadline for submitting Member resolutions (see Clause 9.8).
Resolutions
9.6 Notice is required of any resolution to be put before an AGM (see Clause 9.3).
9.7 All resolutions must be proposed and seconded.
9.8 Any non-Executive Member wishing to propose a resolution must notify the President no later than the third week of epiphany term.
9.9 A member’s resolution must be put before the AGM unless:
9.9.1 It would, if passed, be ineffective (whether by reason of inconsistency with any enactment of this Constitution or otherwise);
9.9.2 It is defamatory of any person; or
9.9.3 It is frivolous or vexatious.
9.10 A new resolution may not be proposed during the AGM itself.
9.11 Resolutions shall be passed by a show of hands.
Chairperson
9.12 The Chairperson of the AGM shall be the President.
9.13 If the President is unable to attend or is not in attendance after 15 minutes of the AGM’s start time, the Executive Committee and Chair shall elect one of their number as Chairperson by majority vote.
9.14 The Chairperson has the discretion to eject any attendee who is being disruptive or abusive or on any other reasonable ground.
9.15 The Chairperson may end discussion on a resolution if he/she believes the discussion has become counterproductive.
9.16 The Chairperson has sole discretion to begin and conclude the AGM.
9.17 On a vote on a resolution at any general meeting on a show of hands, a declaration by the Chairperson that the resolution has or has not been passed is conclusive evidence of that fact.
PART 10 – EXTRAORDINARY GENERAL MEETINGS
10.1 An Extraordinary General Meeting (“EGM”) of the Society may be called by the President, acting on a vote approved by a majority of the Executive Committee at any Executive Committee meeting.
10.2 The President is further obliged to call an EGM if presented with a petition signed by no less than 10% of the Society Membership.
10.3 The clauses under Part 9 of this Constitution relating to notice and to the Chairperson shall also apply in the context of an EGM unless the exception in Clause 10.4 applies.
10.4 The President (or any other person) shall not hold the position of Chairperson if any resolution directly concerns him/her.
10.5 The President, or if the meeting directly concerns him/her, the Vice President, shall be responsible for publicising the EGM.
10.6 Decisions shall be taken by a two-third majority of all attendees.
PART 11 – CHANGING THE CONSTITUTION
11.1 The Constitution may be changed by resolution at any general meeting of the Society.
11.2 Any Member may put forward a motion to amend the Constitution. All provisions relating to Resolutions under Part 9 of this Constitution apply.
11.3 Amendments shall take effect as immediately as reasonably practicable.
11.4 Any changes to the Durham Students’ Union Charter which affect the Society will be automatically binding and shall take precedence in the event of any conflict with this Constitution.
Procedure
11.5 Where a quorum of 10% of Members are present at the general meeting, the resolution for amendment may be passed by a show of hands constituting not less than two thirds of those present.
11.6 Where the quorum is not met, the resolution for amendment may be passed, subject to Clause 11.7, by a show of hands constituting not less than three quarters of those present.
11.7 Following a vote in favour of amendment under Clause 11.6, Members must be notified and given the opportunity to object. Where more than 5% of Members lodge an objection to the amendment, the resolution shall be tabled until the next general meeting.
PART 12 – FINANCIAL RESPONSIBILITY
12.1 Durham Students’ Union bears ultimate responsibility for any loss or damage incurred in the course of the running of the Society which results or may result in liability for the Society or its Members insofar as this is covered by their insurance policy.
12.2 Society spending is to be agreed upon by the Executive Committee. The President shall have ultimate discretion over the distribution of funds within the Society.
PART 13 – COMPLIANCE WITH DSU
13.1 All activities and conduct in the course of the Society shall be carried out in compliance with DSU regulations.
13.2 Any breach of Clause 13.1 by a member/members of the Executive Committee shall result in disciplinary action being taken under Part 8 of this Constitution.
13.3 In the event of any conflict between this Constitution and any Regulation(s) and/or Requirement(s) of the DSU, the Regulation(s) and/or Requirement(s) of the DSU shall prevail and the specific conflicting provision contained within this Constitution shall be indefinitely suspended, until the DSU Regulation(s) and/or Requirement(s) is removed, thereby removing any conflicts, or until the Constitution is amended, in accordance with the procedure laid out in Part 11 of this Constitution, to remove the specific conflicting provision.
13.4 Queries or contentions regarding Clause 13.3 shall be discussed by the Chair with the relevant DSU representative.
13.5 The DSU retains supervisory control over the Society and may deal with Member complaints and uphold this Constitution in the event of a consistent and unjustified failure of the Chair and Executive Committee to do so.
PART 14 – RELATIONSHIP WITH DURHAM UNIVERSITY LAW SCHOOL
14.1 The relationship between the Society and Durham University Law School shall be governed by the Durham Law Department Code of Conduct for Societies.
