Hampset Cricket Club. Constitution and Club Rules. Revised February 20013

Transcription

1 Hampset Cricket Club Constitution and Club Rules Revised February

2 Index 1. Name 2. Aims and Objectives 3. Badges, Colour, etc 4. Membership 5. Organisation & Management 6. Finance 7. Dissolution or Amalgamation 8. Amendments of Club Constitution and Rules 9. Interpretation of the Rules and Constitution 10. Licensing 11. Trustees 2

3 1. NAME The name of the Club shall be Hampset Cricket Club, Bath", hereinafter referred to in these rules as "The Club". 2. AIMS AND OBJECTIVES The objects of the Club are:- a) To encourage, facilitate and promote sport, social and recreational activities within the local community for all its members, with a particular focus on cricket. b) To arrange and provide facilities for cricket matches with clubs of good standing and to carry out such other activities as will awaken or strengthen the members' interest in, or efficiency at, the National Game; c) In particular, to provide an opportunity of playing in club cricket of a high standard, at a reasonable cost; d) To maintain funds for these purposes. In pursuance of these objectives the Club may:- i) Purchase or hire such grounds, buildings and equipment as may at any time be found to be necessary. ii) Raise such number of teams as may be possible or desirable. iii) Affiliate to any association or federation of Clubs, whose existence is calculated to further the interests of the Club. e) Affiliation:- i) The Club is affiliated to the England and Wales Cricket Board through the Somerset Cricket Board. ii) The Club and its members shall ensure that members, playing and nonplaying, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket. iii) The Club shall adopt and implement the ECB Safe Hands Cricket s Policy for Safeguarding Children and any future versions of the policy iv) The Club shall adopt and implement the ECB Cricket Equity Policy and any future versions of this policy 3. BADGES, COLOURS, etc. The colours of the Club shall be dark blue, light blue and silver. The emblem of the Club shall be a scorpion, preferably in silver. 4. MEMBERSHIP 4.1 General a) Membership of the Club shall be open to anyone wishing to submit an application for Membership, which shall be considered by the Club regardless of gender, age, disability, nationality or sexual orientation, religion on other beliefs. b) Hampset Cricket Club is committed to equal opportunities for all sections of its community and fairness. c) Any person applying for membership of the Club agrees to abide by the rules of the club, and any codes of conduct published by the Club from time to time and to any rules or regulations of any leagues to which the Club is affiliated or 3

4 competitions or matches in which it is competing. The rules of the Marylebone Cricket Club shall be rules of the Club as regards the game of cricket. d) No Club Member will receive less favourable treatment on the ground of gender, age, marital status, employment status, social class, colour, race, ethnic or natural origin, religious belief or disability or will be disadvantaged by conditions or requirements that are not relevant to performance e) Application for Membership of the Club shall be by completion of a Membership Application Form, which shall be submitted to the Honorary Secretary duly completed with a proposer and seconder from the existing membership. f) The Executive, Operations or Cricket Committees will consider applications for Membership and reserve the right to refuse membership only for good cause such as conduct or character that is likely to bring the club or cricket into disrepute or should the club need to limit membership on a non-discriminatory basis, according to the availability of resources and facilities. g) Applications for Playing Membership shall normally be considered by the Cricket Committee and application for Social membership by the Operations Committee, However, between formal meetings, application for Membership may be considered by the Secretary or Assistant Secretary or Cricket Manager together with not less that two other elected member of their respective committees. h) Any person whom has been refused membership may appeal to the Club s Executive Committee whom shall appoint an appeal panel, independent of the original decision, of not less than three to hear the grounds for the refusal and the appeal and make a final decision on the application for membership.. i) With the exception of application for Junior Membership, accepted applications will be published at the Club for not less that two days before being formally accepted and in the event that any fully paid-up adult Member is dissatisfied with the member election, then they may appeal to the Executive Committee. The Executive Committee shall appoint an appeal panel, independent of the original decision, of not less than three to hear the grounds for the acceptance and the member(s) appeal against election and make a final decision on the application for membership. j) The applicant will be notified of the decision by the Secretary or Assistant Secretary or Membership Secretary and if not already paid, then the appropriate membership shall become due and payable immediately. k) New members shall be subject to a probationary period of one year during which time they will be full members in all respects except they will not be able to propose or second new members. The Executive reserves the right to terminate the membership during the probationary period should member prove unsatisfactory. l) The Club will do its utmost to recognise and reward its Members who make outstanding, significant and/or special contributions to the Club. m) Members of the Club attending the Club or participating in activities, particularly cricket, do so at their own risk and the Committee will not be held responsible for any injury sustained travelling to, or from, or during games or events, nor damage, to, or loss of any personal effects carried on such occasions. n) Any personal information that Club collects from its Members will be held and used in accordance with the Data Protection Act The Club will not disclose such information to any unauthorised person or body but where appropriate will use such information in carrying out its various functions and services. 4.2 Types of Membership a) The Club may have different classes of membership and subscriptions on a non-discriminatory and fair basis. The Club is committed to keeping 4

5 subscriptions at levels that will not pose a significant obstacle to people participating in accordance with its objectives. Playing Membership Categories Senior Full-time Student (Over 18 years) Student (16-18 Years) Junior Player Junior Player and Family Social Membership Ordinary Family OAP OAP Family Special Membership Honorary Life Member Vice-President b) Senior playing membership shall entitle the Play s spouse / partner and any children under the age of 18 residing at the same address to social membership. However, only one person over the age of 16 in addition to the Player may vote at annual, extraordinary or specially convened meetings. c) Junior playing membership is available to the players under the age of 16 and entitles the player to play in both junior and adult cricket although carries no voting rights. d) Junior playing and family membership incorporates one or more junior players together with a family social membership. This is extended to two parents/carers of the junior player(s) together with any non-playing siblings under the age of 18. However, a maximum of two people both of whom must be 16 or over are eligible to vote at annual, extraordinary or specially convened meetings. e) Social family membership is extended to a husband and wife or partners residing at the same address together with any non-playing children up to the age of 18. Under family membership, a maximum of two members are entitled to vote at annual, extraordinary or specially convened meetings both of whom must be over the age of 16. f) OAP Family is extended to a husband and wife or partners residing at the same address of both OAP age. Each member is entitled to vote at annual, extraordinary or specially convened meetings. g) The Full-time Student, Student and OAP categories of Membership are in place to provide preferential rates of subscription fee to certain of the community to encourage membership, where affordability may be an issue, otherwise the benefits and privileges of these memberships are no different from a fullpaying member. h) The Club has two special categories of Membership, which are only available by election through a majority vote of the AGM. These categories of Membership, being Honorary Life Member and Vice-President shall be the preserve of Members who have performed long and valued service to the Club. The Executive Committee shall make appropriate nominations at the AGM from time to time. Any member may propose another Member for election to one of the special categories of membership by writing to the Executive Committee with their recommendation one month prior to the AGM. 4.3 Guests and Temporary Members a) Members are encouraged to bring guests to the Club, subject to the regulations which shall be made from time to time by the Executive Committee or Operations Committee. No such person shall be introduced as a visitor to the club who has been expelled from Membership or whose conduct or presence in the Club shall be considered by the Executive Committee or Operations Committee as objectionable or prejudicial to the interests of the Club. 5

6 b) Members shall bring no more than three guests at any one time and will be responsible for ensuring the members are signed into the visitors book and are responsible for the behaviour of their guests whilst on Club premises. Visitors may purchase intoxicating liquor. c) Those visitors attending the club and/or its functions on a frequent basis may be approached by the Secretary or Assistant Secretary to submit an application for Membership in the appropriate category. If following an approach an application is not made without good reason with 14 days of the date thereof such visitor or visitors shall no be entitled to be a guest of the Club and use the Club Facilities. d) Members of visiting teams and supporters participating in a match with a Hampset team or a team whose home is Hampset Cricket Club shall be enrolled automatically as Temporary Members for a period of 24 hours of the match commencing. No register of these Temporary Members shall be maintained and the scheduled these fixtures shall provide sufficient evidence. Temporary Members will be able to purchase intoxicating liquor. 4.4 Resignations a) Resignations shall only be accepted in written form and addressed to the Honorary Secretary. b) Any Member who has failed to renew their membership by paying the appropriate subscription fee by 31 st August shall be deemed to have cancelled their membership and all privileges will be withdrawn immediately. c) In the event of a member resigning from the Club there shall be no rebate of any subscription fees paid. 4.5 Member Discipline and Disciplinary Procedures a) All Members shall abide by the Rules of the Club and any Codes of Conduct published by the Club from time to time. b) All formal complaints regarding the behaviour of Members shall be lodged in writing with the Honorary Secretary following which the Executive Committee shall appoint a Disciplinary Committee (if not less than 3 Club Officers or otherwise suitable Club Members) with 7 days of the complaint being lodged. c) The Disciplinary Committee will investigate and consider the complaint(s) and present its findings and recommendations to the Executive Committee. In the event that the Executive Committee is of the opinion that the Member has a case to answer in respect of their conduct then a Disciplinary Hearing will be called. The Member will be attend the Disciplinary Hearing and shall be entitled to be accompanied by a friend or representative and to call witnesses. d) The Executive Committee, or its sub-committee duly empowered, has the power to take appropriate disciplinary action ranging from no action, informal warning, formal warning, suspension and termination of membership. e) The outcome of the Disciplinary Hearing shall be put in writing to the member against whom the complaint was made with 10 days. The person(s) who lodged the complaint will be notified that the complaint matter has been dealt with and any action where appropriate has been carried out in accordance with the Club Rules. f) There shall be a right of appeal to the Executive Committee against the finding or the sanction imposed, or both, which shall be made in writing to the Honorary Secretary. g) In the case of an Appeal, the Executive Committee shall appoint an Appeals Committee (a minimum of three) within 14 days that shall not include Club Members involved with the initial Disciplinary Hearing but may include nonmembers whom are considered fit and proper to provide true independence and objectivity. h) The Appeals Committee shall consider the appeal within 21 days of being appointed. The person(s) submitted the appeal shall be entitled to be 6

7 accompanied by a friend or representative and to call witnesses at any Appeal Hearing. The decision of the Appeal Committee shall be final and binding on all parties. i) In the event of Member s Membership being terminated by the Club there shall be no automatic rebate of any subscription fees paid. 4.6 Subscriptions a) Subscription rates will be proposed by the Treasurer at the AGM after consultation with the Executive Committee, Operations Committee and Cricket Committee, the latter of which will have discussed the matter of subscriptions and match fees at the Cricket Committee Meeting. b) A majority vote of the membership shall determine the Subscription rates for the following Club Year and shall be deemed to fall due on the day after the AGM c) Playing Membership failure to pay playing subscriptions by 31 st May at the Club s discretion of in a surcharge or their membership being terminated. All Playing Members shall pay the appropriate subscription each season but at the discretion of the Executive Committee a rebate may granted to new members joining after the start of the season for each complete calendar month between 1 st May and the date of their first selection. d) Social Membership Social Members who join the Club after the AGM and before August of the same year will pay the full subscription. New social members who join after August and before the next AGM will pay half the subscription. 5. ORGANISATION & MANAGEMENT Management a) The management of the Club shall be vested in an Annual or Special General Meeting, which shall appoint Club Officials to manage the Club. Annual General Meeting b) The Annual General Meeting is open to all members and shall be held each February on a date to be fixed by the Executive Committee. All Members will be notified in writing by the Secretary at least 21 days in advance of the meeting. Twenty members shall be deemed a quorum for such a meeting. The Chairman shall have a second casting vote. Special General Meeting c) Special General Meeting of the Club Membership may be convened at any time by the Secretary to discuss specific item(s) : i) On the recommendation of the Executive Committee; or ii) At the request of not less than 10 members, who shall have written (jointly) to the Secretary or Executive Committee requesting such a meeting of the Membership All members will be notified by the Secretary in writing at least 21 days in advance specifying the item(s) for discussion, which shall be the only item(s) discussed. Twenty members shall be a quorum for such a meeting. The Chairman shall have a second casting vote. 7

8 Officials d) The following officers of the Club shall be elected for the ensuing year at each Annual General Meeting, normally by a show of hands, but by ballot if so demanded by a simple majority of members present. Vice-Presidents Chairman Vice-Chairman Secretary Assistant Secretary Treasurer Assistant Treasurer Bar Chairman Buildings Manager Social Chair 2 Auditors Child Welfare Officer (x2) 1 Executive Committee Representative 3 Operations Committee Representatives Membership Secretary e) The following officers of the club are to be elected at the end of season Cricket Meeting, by a show of hands, but by ballot if demanded by a majority of those present. This meeting is to be held before 31 October, with players having to be notified 14 days in advance of this meeting. Positions will be effective from the date of that meeting and run from that date until the following years Cricket Meeting. Cricket Manager Captains & Vice Captains of all senior teams Players Representative Fixture Secretary Team Secretary Youth Team Manager Facilities Manager Non-playing members shall be eligible for election as officers except to the position of Captains and Vice-Captains. The Saturday 1 st XI Captain will be recognised as Club Captain. President f) The Office of President is an honorary position and will be appointed annually by the Executive Committee as recognition of valued service to the Club. Executive Committee g) The Executive Committee shall consist of the following officers:- Chairman Vice Chairman (Operations Manager) Treasurer Communications Manager Secretary 1 or more Members Representative to the Executive Committee Cricket Manager Where one of the above positions is not filled, or where more than one position is held by one person, additional members may be elected to ensure that the Executive Committee consists of at least 7 members or more by election of further Members Representatives as decided by the Executive Chairman. Meetings of the Committee shall be held bi-monthly and on no less than 6 occasions at regular intervals throughout the year and shall be convened by the Secretary, giving all Executive Committee members at least 3 days notice. Five elected members of the Committee shall be a quorum. The Executive Chairman shall have a second casting vote. The Executive Committee shall be appointed to deal with Financial, Disciplinary and Strategic decision making for the Club, and to ensure that the Club is run smoothly, effectively and efficiently by the Operations Committee and Cricket Committee. 8

9 Finances The Executive Committee shall be responsible for the following: i) Monitoring and implementing the Club s financial policies, recommending any corrective or other action necessary to further these policies; ii) Undertaking a continuous systematic review of the financial and related operations of the Club, and in connection, shall have authority to: (a) Have access to all records, documents and correspondence relating to financial and other transactions of the Club, and; (b) Require and receive such explanations as are necessary concerning any matter under examination, and; (c) Require any officer, member or employee of the Club to produce cash, materials or any other Club property under his control; iii) The compilation of estimates of expenditure and income in respect of all activities of the Club; iv) The approval of budget allocations within the limit of likely resources available and consistent with the Club s policies as determined by an Annual or Special General Meeting, Cricket or Operations Committee; v) Ensuring that all proposals for Extraordinary or unforeseen expenditure are subjected to critical financial appraisal; vi) Recommending methods of raising income as required. Operations Committee l) The Operations Committee shall consist of the following officers:- Vice-Chairman Assistant Secretary Assistant Treasurer Members Representatives (3) Social Chair Buildings Manager Bar Chairman Membership Secretary Where one of the above positions is not filled, or where more than one post is held by one person, additional members may be elected to ensure that the full Operations Committee consists of 10 members. The Committee shall be chaired by the Vice Chairman and minutes will be taken by the Assistant Secretary. Meetings of the Operations Committee shall be held on not less than eight occasions at regular intervals throughout the year and shall be convened by the Assistant Secretary giving all Committee members at least 3 days' notice. Seven elected members of the Committee shall be a quorum at such a meeting. The Vice Chairman shall have a second casting vote. The Operations Committee will deal with the day-to-day running of the Club and all non-cricketing matters, specifically overseeing the running of the bar, social calendar and buildings maintenance. The Operations Committee officers are able to second Club members in order to assist in the Committee s duties. This would be in a non-voting capacity on the Operations Committee. Bar The Operations Committee will be responsible for the operation of the Club bar facilities (see also Licensing Section) and the Bar Chairman will be responsible for implementing decisions made by the Committee. This is to include: i) Ordering, receipt and custody of stock; ii) Organising staffing of the bar; iii) Reviewing regularly retail prices. 9

10 In pursuance of the above, the Operations Committee shall have powers to: i) Have access to all relevant invoices and financial statements; ii) Appoint a bar steward whose duties shall be clearly defined by the Committee, subject to the approval of the Executive Committee. Buildings Maintenance The Buildings Manager and the Operations Committee shall be responsible for making the necessary arrangements for the maintenance of all buildings and solid structures. Social The Social Chair and the Operations Committee shall be responsible for making necessary arrangements for various functions and as advertised to the membership. Cricket Committee m) The Cricket Committee will deal with all cricketing matters. The Chair will be the Cricket Manager. The Cricket Committee will consist of: Cricket Manager Players Representative Fixtures Secretary Team Secretary Saturday 1 ST XI Captain Youth Team Manager Facilities Manager Child Welfare Officer Should a position not be filled, or where more than one post is held by one person, additional members may be elected to ensure that the full Cricket Committee consists of at least 8 members. The quorum for such a meeting will be 5 members with the Cricket Manager having a second casting vote. These positions are elected at the Cricket Meeting, which shall be held each year after the cricket season and no later than 31 October. The term of office will run from that meeting to the following Cricket Meeting. All playing members, cricket officers, junior section parent members and other volunteer The Cricket Committee officers are able to second Club members in order to assist in the Committees duties. This would be in a non-voting capacity on the Cricket Committee. All captains and vice-captains of the Club s senior teams are also entitled to attend the Cricket Committee in a non-voting capacity. Trophies The Cricket Committee shall meet before the end of October, to decide upon the recipients of the Player s trophies for the year. The Committee will be responsible for the collection and engraving of the trophies ready for the Annual Club dinner in March. Grounds Maintenance The Facilities Manager and Cricket Committee shall be responsible for making the necessary arrangement for the following: i) Upkeep of the Playing area, including the preparation of pitches and outfield; ii) Upkeep of boundary walls, fences and surrounding playing area, including trees; iii) Maintenance of all machinery, sight-creens and playing equipment; v) Provision of practice facilities on the ground. 10

11 Selection Committee i) The Selection Committee shall consist of the following members: Captains and Vice-Captains of all senior cricket teams Team Secretary The Chairman of the Committee shall be the Captain Saturday 1st XI. Three members shall be a quorum at such a meeting and the Chairman shall have a second casting vote. Miscellaneous n) Any member absent from a properly convened Committee Meeting shall furnish an explanation for such absence. The Executive Committee shall have power to dismiss from office any Committee Member who, in its opinion, is not fulfilling his obligation to the Committee; o) The Secretary or his nominee shall keep Minutes of all Annual or Special General meetings and Executive Committee Meetings. Formal minutes of Operations Committee and Cricket Committee are to be taken by the Assistant Secretary and Team Secretary respectively, or their nominees, and passed to the Secretary for retention. Formal minutes of Cricket Committee Meetings need not be kept but reports of business transacted at all such meetings (except team selection) shall be submitted to the Executive Committee. p) The Chairman, Cricket Manager, Captains of each XI, Secretary, and Treasurer shall render to every Annual General meeting reports of the past year. In addition, The Treasurer or Assistant Treasurer shall submit a Statement of Annual Accounts. Policy Regarding Younger Children q) i) The club runs a junior section as it recognises the importance this plays in ensuring its future. ii) The club will follow appropriate guidelines on child protection as laid down by local and national governing bodies. iii) Junior members are allowed to practice on the ground, when supervised, on their practice sessions, or with the permission of a member of the Cricket Committee. They may attend senior practice when invited to by a member of the Selection Committee. iv) Club members will ensure that their children, whilst on club premises, behave in an acceptable manner at all times and in obeyance of the club rules. Transport q) The Club shall organise transport to and from away matches, which shall be arranged by the appropriate Captain. The Treasurer will propose to each Annual General Meeting the match fee to be payable by each playing member, taking part in matches at home or away. Health and Safety Policy r) Hampset Cricket Club is strongly committed to encouraging our members to train hard and compete, but the health, well-being and safety of each individual is always our paramount concern. 6. FINANCE 11

12 a) The Club is not instituted for financial profit or gain and no dividend, bonus or similar payment will be made to any member. Any surplus of income over expenditure shall be used for furthering the objects of the Club. b) The financial year of the Club shall be from the 1st November to the 31st October. c) The funds of the Club shall be administered by the Treasurer, acting under the instruction of the Executive Committee. d) The Executive Committee shall be trustees of the Club Funds. e) The Accounts of the Club shall be examined annually by two honorary auditors appointed at the Annual General Meeting. f) The funds of the Club shall only be invested in Government Securities, or Trustee Securities, except with the express authority of the Annual General Meeting; but the administrators of the Club with the approval of an Annual or Special General Meeting may purchase, take on lease, mortgage or sell freehold or lease-hold land or buildings for the specific purpose of carrying out the policy of the Club, either alone or jointly with any other Club or person. 7. DISSOLUTION OR AMALGAMATION a) The Club may not be dissolved nor its funds divided except with the consent of not less than five-sixths of its members voting in a ballot. b) No part of the freehold of the Club's ground at Bloomfield Rise shall be conveyed except with the consent of not less than five-sixths of the members voting in a ballot. c) The Club may not be amalgamated with another organisation except with the consent of not less than two-thirds of the members voting in a ballot. d) In the event of dissolution of the Club any funds or resources (at the discretion of the Trustees in accordance with Rule 11Ciii e) The decision to ballot members should be taken at a Special General Meeting called by the Executive Committee at the instigation of the Trustees. 8. AMENDMENT OF RULES a) These rules shall not be altered or amended except by a two-thirds majority of the votes cast at an Annual General or Special General Meeting. 9. LICENSING a) The Club shall operate in accordance with the National or Local Licensing Laws in force at the time and subject to the discretion of the Operations Committee. b) Under current legislation being the Licensing Act of 2003, the Club meets the qualifying condition to hold a Club Premises Certificate and to supply alcohol to its members and guests, on the basis that the following additional conditions must be met: The purchase and supply of alcohol by and for the club is managed by a committee made up of elected members of the club all aged over 18 years No arrangements may be made for any person to receive any commission, percentage or similar payment at the expense of the club with reference to purchases of alcohol by the club No arrangements may be made for any person to derive directly or indirectly any monetary benefit from the supply of alcohol to members or guests apart c) The Club Premises Certificate authorises the conduct of any of the qualifying club activities, namely: The supply of alcohol by or on behalf of the club to, or to the order of, members of the club. The sale by retail of alcohol by or on behalf of the club to a guest of a member of the club for consumption on the premises where the sale takes place. The provision of regulated entertainment (where that provision is by or on behalf of a club for members of the club or members of the club and their guests) 12

13 d) The Operations Committee shall organise an Operating Schedule for the bar in accordance with the Club Premises Certificate and may make applications from time to time for extensions to the bar operating schedule if it considers it desirable. 10. INTERPRETATION OF RULES a) Interpretation of the foregoing rules, or decisions on points not covered therein, shall rest with the Executive Committee. 11. TRUSTEES a) The Trustees of the Club shall be appointed by the Executive Committee and they shall respectively hold office until death or resignation unless removed by the said Committee. b) The number of Trustees shall be not more than five nor less than three. The real property and investments from time to time forming part of the assets of the Club shall be vested in them. c) The Trustees shall have and may exercise all or any of the following powers:- i) Power at the request of the Executive Committee (such request to be evidenced by a Resolution duly passed at a duly convened and properly constituted meeting of the Executive Committee, of which the Minute Book shall be conclusive) to borrow or raise money or mortgage the Property of the Club or any part thereof and for that purpose to execute any mortgage or legal charge. ii) Power at such request as aforesaid with the sanction of a Resolution passed at the Annual General Meeting or an Extraordinary General Meeting of Members of the Club (of which the Minute Book shall be conclusive), to sell the property of the Club or any part thereof and to execute any conveyance for this purpose. Any funds received should be dealt with by the Trustees in accordance with the sanction given at the AGM or EGM as evidenced within the Resolution passed at that Meeting. iii) Power in the event that the Club is no longer a viable proposition at such request as aforesaid with the sanction of a Resolution passed at the AGM or an SGM of Members of the Club (of which the Minute Book shall be conclusive) sell the property of the Club and execute any conveyance for this purpose. Any funds received from this source and in these circumstances shall be donated to cricketing charities at the discretion of the Trustees and shall not be distributed amongst the Membership of the Club. The considerations of Rule 7 must be adhered to in order for this action to be taken i.e. five sixths of the Members voting in a ballot must be in agreement. iv) The Trustees and each of them shall be fully indemnified by the Club from payments made and all liabilities incurred from time to time by them or any of them as such Trustees, and every act or thing done or suffered by the Trustee or Trustees shall, so far as regards the safety and protection of the person or persons dealing with him or them, absolutely bind the Club and every Member thereof. 13