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Magpies Cricket Club ConstitutionPart One - Interpretation
1. In these rules, except in so far as the context or subject matter otherwise indicates or requires:
CDCA means Camden District Cricket Association CDJCA means ‘Camden District Junior Cricket Association’ Committee meeting means a meeting attended by only the Office Bearers Executive meeting means a meeting attended by only the Executive Members Financial means that the member has no monies outstanding General meeting means a meeting that may be attended by any member of the Club NSWCA means New South Wales Cricket Association Social member means a person with a genuine interest and connection to the Club not otherwise specified in Section 3
2. The provisions of the Interpretation Act 1987 (NSW) apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Corporations Act 2001 (Cth)
Part Two – Rules and Objects
The Club
1. Name
The name of the Club shall be Magpies Cricket Club Campbelltown (herein called the Club).
2. Objects
a) The objects of the Club shall be the promotion and welfare of cricket.
b) The Club will affiliate each season with the Camden District Junior Cricket Association and the Camden District Senior Cricket Association, or any other body necessary to facilitate the participation in club and representative cricket by this Club. It retains the right to be an autonomous body and be responsible for its own actions within the bounds of this Constitution. 3. Membership
a) Members of the Club are:
i) Players who register with the Club and are considered being financial by the Club.
ii) The Office Bearers of the Club who are elected at the Annual General Meeting.
iii) A parent/guardian of a registered player who is under the age of eighteen (18).
iv) Life members of the Club.
v) Social members of the Club.
b) A right, privilege or obligation which a person has by reason of being a member of the Club is not capable of being transferred or transmitted to another person.
Registration
4. Application for Registration
a) An application from a player for registration with the Club shall be made by that player, or a parent/guardian on behalf of that player.
b) An application for player registration shall be in writing in a form approved by the Club containing all information requested by the Club.
c) The registrar may accept registrations after the annual registration day(s).
d) Acceptance of registration is conditional that the registered player agrees to the Club holding player injury insurance cover for each registered player for the period of the season, in respect of all cricket activity sanctioned by the Club.
e) The registration of a new player under the age of eighteen (18) years can only be accepted if that player provides a birth certificate or some other acceptable form of proof of age to the Club.
5. Registration Fees
a) Registration fees must be set at the Annual General Meeting by the Committee prior to positions being declared vacant.
b) Upon acceptance of registration, a player must pay to the Club, that fee, or an instalment of that fee, as set at the Annual General Meeting. The remainder of the balance must be paid before the end of the season or the player’s name shall be submitted to the relevant association as a defaulter.
c) The cost of insurance cover must be included in the registration fees.
d) The annual membership fee to join Western Suburbs Leagues Club Campbelltown will be incorporated into the player’s registration fee for players over the age of eighteen (18) years.
6. Cessation of Registration
a) A player ceases to be a registered player with the Club if the player:
i) dies;
ii) withdraws their registration in writing. Where the player is under the age of eighteen, the withdrawal must be signed by a parent/guardian;
iii) is expelled from the Club by the Club’s judiciary committee;
iv) is required to move Clubs on account of being re-graded by the CDJCA or CDCA.
b) The rights and privileges conferred by s3(a) are terminated upon cessation of registration.
c) A player’s registration is not terminated if that player plays for another club in another competition in addition to playing for this Club.
7. Match Fees
a) Match fees must be set at the Annual General Meeting by the committee prior to positions being declared vacant.
b) It is the responsibility of the manager of each team to collect the relevant match fees and deliver them to the Treasurer.
8. Members’ Liabilities
The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or the costs, charges and expenses of the winding up of the Club, is limited to an amount, if any, unpaid by the member in respect of membership of the Club.
The Committee
9. The Committee
The Committee, as elected at the Annual General Meeting:
a) shall control and manage the affairs of the Club;
b) may exercise all such functions as may be exercised by the Club, other than those rules to be exercised by a general meeting of members of the Club;
c) has the power to perform all such acts and do all such things as appear to be necessary or desirable for the proper management of the affairs of the Club;
d) must ensure that all registered players participate in the competition within the rules as provided in the competition rules of the CDJCA and/or CDCA;
e) is to deal with all correspondence, and any other matter requiring attention, between meetings
f) is authorised to decide all protests and disputes arising out of Club activities;
g) must inquire into all cases of misconduct, and where it deems appropriate, must refer such misconduct to the CDJCA or CDCA judiciary panel;
h) is required to deal with player registrations;
i) must present a report of its activities at each general meeting; and
j) must ensure that communication with members is maintained throughout the season.
10. Composition of the Committee
a) The Committee is comprised of those positions as elected at the Annual General Meeting.
b) The members of the Committee are also the Office Bearers of the Club.
c) The Committee shall consist of the President, Secretary, Treasurer, Vice President – Junior, Vice President – Senior, Club Coach, Equipment Officer, Registrar, Records Officer, Publicity Officer, Fundraising Co-ordinator, CDJCA Executive Representative, CDCA Executive Representative, Two (2) Wests Sports Council Delegates, and any other position which is deemed necessary for the proper management of the Club at the Annual General Meeting.
d) The Committee is empowered to form sub-committees.
11. The Executive Members
a) The Executive Members are the President, Secretary and Treasurer.
b) The Executive Members are empowered to deal with urgent matters between meetings.
c) Meetings of the Executive Members must be properly minuted, and presented at the next general meeting for ratification.
12. Election of the Committee
a) The Committee for each forthcoming season is to be elected yearly at the Annual General Meeting.
b) Nominations may be tendered personally or by another, in writing or from the floor. That nomination must be seconded by another, in person or in writing. The nominated person must then accept or reject the nomination, either personally or in writing.
c) Where there is only one nomination, that person is considered elected for that position. Where there is more than one candidate for a position, a poll is taken, with the winner elected by simple majority.
d) If insufficient nominations are received for any positions, those positions are to be deemed casual vacancies.
e) Casual vacancies may be filled at any subsequent meeting in accordance with the procedures outlined in s13(b) and s13(c).
f) The provision of Section 32 shall apply to the election of the Committee.
13. President
It is the responsibility of the President to:
a) oversee the activities of the Club;
b) ensure communication throughout the Club;
c) ensure the resolution of any issues at all levels; and
d) chair executive, committee and general meetings.
14. Secretary
a) It is the responsibility of the Secretary to:
i) lodge notice with CDJCA and CDCA of the name, address and phone number of Club Office Bearers as soon as practicable after appointment;
ii) deal with all correspondence into and out of the Club;
iii) maintain a record of correspondence in and out of the Club;
iv) report on correspondence into and out of the club at executive, committee and general meetings;
v) keep a record of all appointments of all committee members and office bearers;
vi) ensure that legal matters relating to the Club are fulfilled;
vii) keep minutes of executive, committee and general meetings; and
viii) give notice of executive, committee and general meetings;
b) The Secretary may request that the Committee appoint an assistant.
c) An Assistant Secretary is not an office bearer of the Club and has only those powers delegated to it by the Committee.
15. Treasurer
It is the responsibility of the Treasurer to:
a) handle all financial matters of the Club and control the Club funds;
b) prepare and document the Club’s annual budget;
c) prepare and report on monthly financial statements for executive, committee and general meetings; and
d) Collect, count and bank all monies.
16. Vice-President – Junior (Junior Vice-President)
It is the role of the Junior Vice-President to:
a) assist the Club Coach in the grading and allocation of junior teams;
b) assist the President and other Committee members as required.
17. Vice-President – Senior (Senior Vice-President)
It is the role of the Senior Vice-President to:
a) assist the Club Coach in the grading and allocation of senior teams (where grading is required);
b) assist the President and other Committee members as required;
c) co-ordinate umpires for senior games;
d) maintain contact with senior team managers and/or captains;
e) liaise with the CDCA regarding the grading and/or regrading of players and teams.
18. Club Coach
It is the role of the Club Coach to:
a) conduct junior and senior grading sessions (where necessary);
b) assist and advise coaches on training techniques;
c) resolve any grading issues;
d) organise coach the coach sessions prior to season commencement;
e) assist team coaches and captains throughout the season;
f) keep a record of all teams’ training times and locations;
g) report to the Club at general meetings; and
h) stay up to date with the latest training techniques.
19. Equipment Officer
It is the role of the Equipment Officer to:
a) control all club equipment;
b) oversee the distribution and return of all playing equipment;
c) supply the Executive Members with a list of all new equipment required for purchase; and
d) negotiate with suppliers for the best price on all equipment to be purchased.
20. Registrar
It is the role of the Registrar to:
a) handle all matters relating to the registration of all players;
b) provide the Club Coach with player lists by age group;
c) liaise with the Treasurer about the collection of registration monies;
d) maintain a record of all registered players; and
e) liaise with the Records Officer regarding late registrations.
21. Records Officer
a) It is the role of the Records Officer to:
i) receive and check all score sheets;
ii) maintain a record of player statistics throughout the season;
iii) ensure that all club results are delivered to the CDJCA and CDCA records officer within the time frame set by each respective association;
iv) report to the Executive Committee the names of all players qualifying for club trophies;
v) liaise with the Registrar regarding late registrations;
vi) compile a list of monthly achievers to report at general meetings for nomination of Wests Sports Council awards;
vii) maintain a record of players’, coaches’, managers’ and committee members’ years of service.
b) The Records Officer may request that the Committee appoint an assistant.
c) An Assistant Records Officer is not an office bearer of the Club and has only those powers delegated to it by the Committee.
22. Publicity Officer
It is the role of the Publicity Officer to:
a) receive weekly scores from all home competition matches; and
b) send weekly scores onto the CDJCA and CDCA by the time nominated by those associations.
23. Fundraising Co-ordinator
a) It is the role of the Fundraising Co-ordinator to:
i) direct all fundraising activities within the Club;
ii) attract sponsorship for the Club;
iii) oversee the ordering and holding of all sellable promotional products; and
iv) present current fundraising status at committee meetings.
b) The Fundraising Co-ordinator may request that the committee appoint an assistant or assistants.
c) An Assistant Fundraising Co-ordinator is not an office bearer of the Club and has only those powers delegated to it by the Committee.
24. CDJCA Executive Representative
It is the role of the CDJCA Representative to:
a) represent the Club at CDJCA meetings;
b) vote as directed on behalf of the Club at CDJCA meetings; and
c) report back to the Club on the outcome of CDJCA meetings.
25. CDCA Executive Representative
It is the role of the CDCA Representative to:
a) represent the Club at CDCA meetings;
b) vote as directed on behalf of the Club at CDCA meetings; and
c) report back to the Club on the outcome of CDCA meetings. 26. Wests Sports Council Delegate
It is the role of the Wests Sports Council Delegate to:
a) represent the Club at Wests Sports Council meetings;
b) report back to the Club on the outcome of Wests Sports Council meetings;
c) nominate, as directed, candidates for Wests Sports Council monthly and yearly awards at each Wests Sports Council meeting.
27. Casual Vacancies
For the purposes of these rules, a casual vacancy in the office of a member of the Committee occurs, or is created, if the member:
a) dies;
b) ceases to be a member of the Club;
c) resigns from his or her position;
d) is removed from the Committee in accordance with s29;
e) becomes of unsound mind or a person whose person or estate is liable to be dealt with in a way under the law relating to mental health; or
f) is absent without the consent of the Committee from all meetings of the Committee held during a period of three consecutive meetings.
28. Removal of a Committee Member
a) Any member of the Club, at any general meeting, may move a motion that a committee member be removed from his or her position before the expiration of that Committee member’s term.
b) Where it has been moved that a Committee member be removed from his or her position, the Committee shall immediately call a special general meeting in which to consider the motion. The Committee member to whom the motion refers must be given notice of the special general meeting to be convened to deal with the motion.
c) Where it has been moved that a Committee member be removed from his or her position, that removal will only take effect when the Committee passes the motion by special resolution.
d) Where a position has been vacated in accordance with this section the Committee may, by resolution, appoint another person to hold office in that position for the remainder of the term.
e) Where it has been proposed that a Committee member be removed from his or her position, that Committee member is entitled to make a representation in his or her defence to the Committee before the special resolution is voted upon. If the Committee member is unable to attend the special general meeting at which the motion is to be voted upon, he or she may request that a written statement be presented at the special general meeting.
f) A Committee member forfeits the right of reply in s28(e) if he or she attempts to unduly delay, halt, ignore or if that Committee member expressly waives the right. Where this is the case, the special resolution shall be voted upon in that Committee member’s absence.
Meetings
29. Meetings and Quorum
a) The Club in general meeting, shall meet once a month at such a place and time as the Committee determines.
b) The Committee has the power to call any additional general meeting.
c) Notice of any general meeting must be given to Club members in accordance with s34.
d) Any five (5) Office Bearers of the Club shall be sufficient to constitute a quorum for the transaction of the business of a general meeting of the Club.
e) No item of business shall be transacted at a general meeting unless a quorum of members entitled to vote under this Constitution is present during the time the meeting is considering that item.
f) If within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place, and at the same hour of the same day in the following week.
g) Notice of the adjournment must be given in accordance with s34.
f) If, at the adjourned meeting, a quorum is not present within thirty (30) minutes after the time appointed for the commencement of the adjourned meeting, the members present (being not less than three (3)) shall constitute a quorum.
g) If a quorum still cannot be made the meeting shall be dissolved.
h) The President is to preside over the meeting as chairperson. If the President is absent, then the meeting shall be presided over by a person nominated to do so by the Committee.
30. Adjournment
a) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting to another time and/or place.
b) No business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place. 31. Meetings – business at
The following business is to be conducted at a general meeting:
a) Discussion of correspondence.
b) Acceptance of the minutes of the previous meeting.
c) Reports from Office Bearers.
d) Reports from sub-committees.
e) Any matter of general business raised from the floor without notice.
32. Meetings – minuting
The business of General, Committee, and Executive meetings must be minuted and reported at the next general meeting.
33. Delegation by Committee to Sub-Committee
a) Where the need arises, the Committee may appoint a Sub-committee to deal with a specific task.
b) A Sub-committee may only operate within the scope of the powers delegated to it.
c) A Sub-committee must report on its progress at general meetings.
d) The powers delegated to a Sub-committee continue to operate until such time as specified by the Committee, but may not extend beyond the forthcoming Annual General Meeting.
e) The Committee may, at any time by resolution, terminate a Sub-committee.
f) A Sub-committee may meet and adjourn as it sees fit.
g) Any member of the Club is eligible to sit on a Sub-committee.
34. Voting and Decisions
a) Questions arising at any meeting of the Committee or of any Sub-committee shall be determined by a majority of the votes of the members of the committee or Sub-committee present at that meeting.
b) Each member present at a meeting of the Committee or of any Sub-committee is entitled to one vote, and only those members present are entitled to vote.
c) Where there is an equality of votes on any question, the person presiding may exercise a second or casting vote to break the deadlock.
d) Any act or thing done or suffered, or purported to have been done or suffered, by the Committee or by a Sub-committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or Sub-committee.
35. Notice
a) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Club, notice of a general meeting shall be given orally at the preceding meeting and published on the club website.
b) Such notice shall specify the place, date, and time, of the next general meeting.
c) Where the nature of the business to be dealt with at a general meeting requires a special resolution of the club, notice of the meeting must be given via special club newsletter.
36. Making of Decisions
a) A question or issue arising at a meeting of the Club shall be determined on a show of hands, and unless before or on the declaration of a show of hands a poll has been demanded, a declaration shall be made by the chairperson that the resolution has, on a show of hands, been carried unanimously, carried on a majority, or been defeated.
b) The declaration by the chairperson on the result of the resolution must be minuted.
c) When a question arises at a meeting, a poll may be demanded by any member present at the meeting.
d) Where a poll is demanded at a meeting, the poll shall be taken by secret ballot. The chairperson shall collect and tally the votes.
e) The result of the poll shall be declared by the chairperson, and such declaration shall be minuted.
f) A declaration on any question or issue, whether the result of a show of hands or by poll, shall be deemed to be the resolution of that question or issue at the current meeting. The question or issue may not be raised again at the current meeting.
37. Annual General Meeting – Calling of
a) Notwithstanding anything in this section, the Annual General Meeting shall be set by the Committee for any date, time and place as the Committee thinks fit.
b) The Annual General Meeting must be scheduled for a date and time after the Annual Club Presentation night, but before the CDJCA and CDCA Annual General Meetings.
c) Notice of the Annual General Meeting shall be given at the Annual Club Presentation night and published in the Club yearbook. 38. Annual General Meeting – Business at
The business of the Annual General Meeting shall be:
a) To confirm the minutes of the last preceding Annual General Meeting.
b) To receive a yearly report from the President.
c) To receive a yearly report from the Treasurer.
d) To set registration and match fees for the forthcoming season.
e) To amend this Constitution.
f) To accept and vote on nominations for Life Membership.
g) To elect a committee for the forthcoming season.
h) To deal with any other general business that has arisen since the last general meeting.
39. Committee Meetings – Calling of
The committee may, whenever it thinks fit, call a committee meeting.
40. Executive Meetings – Calling of
The Executive Members may, whenever they think fit, call and executive committee meeting.
Miscellaneous
41. Special Resolution
A resolution of the Club is a special resolution if it is passed by a majority which comprises not less than three quarters of such members of the Club as being entitled under these rules so to do, vote in person.
42. Accounts
a) All accounts shall be presented to the Committee at the end of each month.
b) All cheques drawn upon the account of the club shall be signed by any two of the President, Secretary or Treasurer.
c) The Treasurer shall have the power to pay the running expenses of the Club as the need arises, subject to 42(b). 43. Life Membership
An award of Life Membership is the highest distinction that can be attained by a member of the Club, and acknowledges the contribution and service to the Club, as well as promotion of the Club’s objects, made by a member during their time at the Club.
a) To become eligible for an award of Life Membership, a member should display any or all of the following:
i) A period of service as a member of the Club (as defined in s3) that amounts to at least seven (7) years;
ii) Significant on-field performance as evidenced by statistical achievements, representative honours, or good sportsmanship and high peer-esteem;
iii) An active promotion of the Club either as an ambassador on the sporting field or through general community promotion;
iv) Significant participation in the events and affairs of the Club such as attending meetings, committee service, fundraising activities, social events, supporting teams, team management, umpiring, or playing;
b) A nomination for life membership may be made by any member at an Annual General Meeting. Such nomination is to be in writing and must detail the criteria upon which the member is submitted for life membership.
c) Life membership is to be voted upon by members present at the Annual General Meeting. If a nominee is present, that nominee may not vote.
d) When voting on a nomination, members are to have regard to the criteria listed in s43(a) and may give whatever weight he or she determines fit to each category. In addition, members may consider any other criteria they considers relevant.
e) A nomination for Life Membership must pass by special resolution.
f) Life Memberships are to be awarded at the next proceeding Annual Club Presentation night.
44. Insurance
The club shall effect and maintain insurance as necessary.
45. Funds – Source
a) The funds of the Club shall be derived from registration fees, match fees, donations, sponsorship, fundraising, and any other source that the Committee determines.
b) All money received by the Club shall be deposited as soon as practicable and without deduction to the credit of the Club’s bank account.
c) The Club shall, as soon as practicable after receiving any money, issue an appropriate receipt. 46. Alteration of Constitution
a) This Constitution, and the rules and objects herein, may only be altered at an Annual General Meeting.
b) This Constitution, and the rules and objects herein, may only be altered by a special resolution of the Club.
47. Custody of Books
All records, books and other documents relating to the Club shall be kept by the Secretary unless otherwise specified by this Constitution.
48. Inspection of Books
The records, books, and other documents must be open to inspection, free of charge, by any member of the Club at any reasonable hour.
49. Service of Notices
a) Except as otherwise provided in this Constitution, where a requirement of notice arises, it may be served by or on behalf of the Club upon any member personally, by telephone, by post, or by e-mail to that member.
b) Where a document is sent to a person properly addressing, pre-paying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time which the letter would have been delivered in the ordinary course of the post.
50. Matters of Urgency
The Executive Members shall be empowered to deal with matters of urgency and emergency affecting the Club in any matter that the Executive Members see fit.
51. Honorariums
The Club shall not pay honorariums, however genuine out-of-pocket expenses occurred by Office Bearers in the commission of their role within the Club shall be reimbursed upon the presentation to the Committee of the appropriate receipt. |
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