THE TRAMWAY FOOTBALL CLUB CONSTITUTION

Transcription

1 1 THE TRAMWAY FOOTBALL CLUB CONSTITUTION

2 2 INDEX 1. NAME 2. OBJECT 3. MEMBERSHIP [a] WHO MAY APPLY [b] NUMBERS [c] WHO ARE MEMBERS [d] APPLICATION FOR MEMBERSHIP [e] ELIGIBILITY AND QUALIFICATION OF MEMBERSHIP [f] PARENTS [g] HONORARY, TEMP OR RECIPROCITY MEMBERSHIP 4. LIFE MEMBER 5. HONORAY MEMBER 6. SOCIAL OR NON-PLAYING MEMBER 7. BOARD OF CONTROL [a] COMMITTEE MEMBERS [b] DISCIPLINARY COMMITTEE [c] JUNIOR COMMITTEE [d] EXECUTIVE ELIGIBILITY 8. SUBCRIPTIONS 9. CHAIRMAN 10. VICE-CHAIRMAN 11. TREASURER [a] DUTIES [b] BANKING [c] SIGNING POWERS [d], [e] & [f] POWERS OF THE TREASURER 12. SECRETARY 13. JUNIOR CHAIRMAN 14. POWERS OF THE ELECTED COMMITTEE [a] RESPONSIBILITY [1] APPOINTMENT OF SUB COMMITTEES [2] BY-LAWS [3] ANY OTHER ACT 15. MEETINGS OF THE ELECTED COMMITTEE [a] SCHEDULING OF MEETINGS [b] VOTING POWERS OF ELECTED MEMBERS 16. MEETINGS OF MEMBERS [a] & [b] CONVENING OF A GENERAL MEETING [c] DATE, TIME, NATURE AND QUORUM OF GENERAL MEETINGS 17. RULES GOVERNING THE JUNIOR SECTION. 18. NOTICE TO REVIEW OR RESCIND 19. CLUB COLOURS 20. SPONSORSHIP 21. VISITORS 22. LIQOUR ACT REQUIREMENTS 23. DISSOLUTION

3 3 TRAMWAY FOOTBALL CLUB CONSTITUTION (FOUNDED 1923) 1. NAME The name of the Football Club shall be known as Tramway Football Club (herein after referred to as the soccer club ). 2. OBJECT a) The object of the Soccer Club shall be to promote and encourage soccer plus to provide a sports outlet for the surrounding community. b) To maintain at all times a high measure of sportsmanship on and off the field when representing the soccer club. c) To attain and maintain a proper spirit of comaradie within the sports, club, in order to promote loyalty to the soccer club. d) Tramway is a voluntary, non-profit association, and does not have any juristic personality and as such does not incur any liability for the acts or omissions of any of its members or office bearers. Simile members and office bearers can not be held liable for the organizations obligations and liabilities solely by virtue of the status as members or office bearers. e) Tramway will remain a non-profit making organisation and will manage its financial affairs in accordance with generally accepted accounting standards. All funds will be deposited into a bank account at a registered financial institution. f) Members or office bearers have no rights in the property or any other assets of the Soccer Club solely by virtue of their being members or office bearers. g) Provision for the Soccer Clubs continued existence:- The Soccer Club shall: i) Exist in its own right, separately from its members. ii) Continue to exist even when its membership changes and there are different office bearers. iii) Be able to own property and other possessions. 3. MEMBERSHIP a) Membership of the soccer club is open to all persons of good character. b) The club shall always consist of at least 35 members. c) Members of the soccer club are such members who are Life Members, Honorary Life Members, fully paid up members (of the previous football season and/or after the cut off date set by the presiding committee) and any non-playing or social member.

4 4 d) Application for membership will be granted to persons who are not under suspension at any other club or district or in arrears in subscription, as well as being in possession of the relevant clearance documents. The said applicant must also be approved by the elected committee. e) All questions of eligibility and qualification of membership shall be dealt with by the elected committee. If membership is not approved, the concerned applicant will be notified in writing. He/she will be forwarded the opportunity to contest his/her application at a Special General Meeting (herein after referred to as SGM). Such a request must be done in writing. f) Any one parent of a properly registered and paid up junior may pay the balance of the junior subscriptions and the going rate for a senior member to afford the said parent full membership of the soccer club. Any additional parent will have to pay the normal going rate of a senior member to be granted the same status. If a parent intends playing for the soccer club they will forfeit this option and pay the normal going rate for the season. g) No person residing within 30 kilometers from the premises of the club is eligible for election as an Honorary member, temporary member or reciprocity member of the club unless:- 4. LIFE MEMBER 1) he is eligible by reason of his holding a public office or being a bona fide candidate for membership or having conferred an exceptional benefit on the club; or 2) he is allowed the privileges of membership while engaged in a match or competition, approved by the management of the club. a) A Life Member may be elected at each Annual General Meeting (herein after referred to as AGM) or General Meeting (herein after referred to as GM), subject to a two thirds [2/3] majority vote of those present and eligible to vote. This is subject to prior approval being received from the elected committee. Only fully paid up members may, in writing, nominate persons to the office of Life Member, at least thirty [30] days prior to an AGM or GM. A member whom has been nominated to become a Life Member must have been a member of the soccer club for fifteen [15] consecutive years (as a senior member), must have been in good standing with the club, contributed to the club by serving on the club s committee and/or coached/managed teams and/or being involved in various projects to uplift the club. This does not include just playing for the club. b) A Life Member shall be privileged to be invited to, and vote at, all AGM/GM s of the soccer club and shall be exempted from payment of membership fees. 5. HONORARY LIFE MEMBER a) A Honorary Life Member shall be a person proposed by the elected committee and who has been so elected by the soccer club at an AGM or SGM, in recognition of services rendered to or interest shown in the soccer club. b) A Honorary Life Member shall be priviledge to be invited to, and vote at, all AGM/GM s meetings of the soccer club and shall be exempted from payment of membership fees.

5 5 6. SOCIAL OR NON-PLAYING MEMBER A Social or Non-playing Member is any member who has paid his/her membership fees. Such membership fee will be decided upon at the AGM. Such a member may attend any AGM/GM and will still have the right to vote or be elected to the Committee (elected committee) at any such meeting. If a social or non-playing member elects to pay a membership fee equivalent to that of a playing senior member, such social or non-playing member will also be entitled to vote at the AGM/GM. If a parent, then refer to clause 3 (f). 7. BOARD OF CONTROL a) The soccer club shall be managed and controlled by the duly elected committee. The said committee shall consist of a Chairman, Vice-Chairman, Secretary, Treasurer, Junior Chairperson and any number of additional members the current Chairman may deem necessary. b) A Disciplinary Committee consisting of the Chairman, Secretary and two [2] other committee members appointed by the Chairman. The outcome of any disciplinary hearing will be presented to the elected committee in writing. c) The Junior Committee shall be decided upon by the Junior Chairperson. The said committee will be approved by the elected committee. d) Any member who wishes to serve on the executive (Chairman, Vice-Chairman, Secretary, Treasurer) must have been a member of the soccer club for more than two [2] consecutive years. This may be over ruled by the elected committee if and when deemed necessary. 8. SUBSCRIPTIONS a) The annual subscriptions payable by members of the soccer club shall be adopted at the AGM. The amount adopted shall not be less than R50.00 per annum. These include senior, junior, social and/or non-playing memberships. Once the said subscriptions have been set and approved by the General Body, the said subscriptions shall remain in effect for the duration of the current football season. If no adjustments are made to the subscriptions at the AGM, the current rates will remain in effect. b) Only members who have paid his/her subscriptions in full on or before the 1 st of March in the current season will be eligible to become a registered member of the club and participate in the football activities of the said club. Any person who wishes to become a member after the 1 st of March will have to pay their subscriptions in full before any registration actions will be taken. 9. CHAIRMAN The Chairman shall preside at all meetings convened by the elected committee. The Chairman shall only exercise his power to vote in the event of there being an equality of votes.

6 6 10. VICE-CHAIRMAN The Vice-Chairman shall have the same duties as any other committee member. The Vice-Chairman shall take over the Chairman s duties only in the event of his absence. 11. TREASURER a) The duties of the Treasurer shall be to receive and take charges of all moneys due to the soccer club and to pay all accounts passed by the elected committee. To furnish such reports as requested by the elected committee from time to time. b) All soccer club moneys shall be lodged in gross within seven [7] days of receipt in such banking institution as the elected committee may decide. The name of the said institution and type of accounts must be made known to the general body at the AGM. If at any time there is a need to change the said institution, the general body must be informed. c) All cheques shall be signed by the Chairman and Treasurer. A third [3 rd ] signature must be registered if for any reason one of the above is not available. d) The elected committee shall be required to pass all accounts for payment. e) Accounts and vouchers shall be examined and certified as at the end of the football season by a chartered accountant registered with the Institution of Chartered Accountants, who shall be appointed at the AGM. The clubs financial year will run 1 September to 31 August of the following year. f) All extra ordinary expenses must be put to the general body for approval at a GM. g) The Soccer clubs financial year will run from 1 Oct to 31 Sept. h) The treasurers duties includes the following:- i) Enusres that the Soccer Clubs property are not distributable to its members. ii) That the Soccer Cluib will keep a record of everything it owns. iii) That the Soccer club may not give any of its money or property to its members or office bearers. The only time it can do this is when it pays for work that a member or office bearer has done for the Soccer Club. The payment must be a reasonable amount for the work that has been done. iv) A member of the Soccer Club can only get money back from the Soccer Club for expenses that she or he has paid for or on behalf of the organisation. v) Ensure that members or office bearers of the Soccer Club do not have rights over things that belong to the Soccer Club.

7 7 12. SECRETARY The duties of the Secretary shall be to summon and cause to be recorded, minutes of all meetings, to acknowledge all letters and deal with correspondence generally. To keep a register of all members, which should include all addresses, telephone numbers (work and home) and registration (player s cards) numbers. This must also include junior members. 13. JUNIOR CHAIRMAN The Junior Chairman shall form part of the elected committee and his appointment is done at the AGM. He shall attend all meetings and have voting powers. He shall report via minutes of all activities and decisions taken at the junior meetings. The elected committee shall have the final say on all matters arising as they will ultimately be held responsible for the actions of the junior committee. 14. POWERS OF ELECTED COMMITTEE The elected committee shall be responsible for all the affairs of the soccer club. Shall decide on all questions relative to revenue and expenditure. In particular shall have the following powers: i) To appoint sub-committees as may be deemed necessary in order to expedite the business of the soccer club. Such sub-committees may be vested with powers as shall from time to time be defined by the elected committee. Each of the above committees must have a chairperson who will report directly to the elected committee and must be a fully paid up member. ii) iii) Amend and/or make such by-laws as may be deemed necessary, with the approval of the general body, for the proper administration of the soccer club. To do any other act in the interest of the soccer club provided that such is not in direct conflict with any other clause in this constitution. If it is an extra ordinary act it will need to be put to the general body for approval. 15. MEETINGS OF THE ELECTED COMMITTEE a) The elected committee shall meet once a month, other than at the AGM, GM and/or SGM, unless called upon to do so by the Chairman. Fifty percent [50%] of the constituent of the elected committee shall form a quorum. At all such meetings the decision of the majority shall be binding. b) All elected committee members present at such meetings shall be entitled to vote. The Chairman shall exercise a casting vote only in the event of an equality of votes.

8 8 16. MEETINGS OF MEMBERS a) The elected committee may at any time convene a GM. b) A GM shall be convened on receipt of a requisition stating specifically the nature and reason for said meeting, signed by not less than twenty [20] members. The said meeting to be called on no later than fourteen [14] days after the receipt of the said requisition. Only the business for which said meeting is called shall be discussed and voted upon. c) The elected committee shall convene a GM, AGM, SGM within not less than fourteen [14] days notice which shall state date, time, place and nature of business to be dealt with. The notice shall be duly exhibited in a conspicuous place at the clubhouse. One third [1/3] of the paid up senior members shall constitute a quorum and minutes of such meetings shall be kept. In the event of their being no quorum thirty [30] minutes after the advertised time, such meeting shall stand adjourned until the same day the following week. If after this there is still no quorum, the said meeting will go ahead and any decision taken at said meeting will be binding. d) The business to be conducted at any AGM shall be: i) To receive, approve and adopt the annual report of the outgoing committee as well as the audited accounts. To accept or reject any motion proposed, provided notice and details of such motion have been lodged with the secretary twenty-one [21] days immediately prior to the AGM. ii) Members will be given written notice of the following motions: Read notice convening the meeting Record apologies Discuss matters arising out of minutes of previous AGM Chairman s address Financial Statements presentation Confirm receipt of subscription fees (inclusive of registration) for the forthcoming football season Outstanding correspondence Consider and if necessary adopt amendments to the constitution Election of Life/Honorary members General Elections of officials for the forthcoming season with nominations coming from the floor Close e) Only fully paid up members at senior rates (18 years and older) will have the right to vote. All other members may attend the AGM but may not vote threat or requisition any such meeting. f) A defaulters list will be displayed at the start of all AGM s and/or GM s. This is to dispel any confusion over who are members and who may or may not vote.

9 9 17. RULES GOVERNING JUNIOR SECTION Where not specifically indicated below, the juniors will be governed by the rules / constitution of the club. The juniors shall consist of all junior players from U7 to U17. a) ELECTION OF JUNIOR CHAIRPERSON & SUB-COMMITTEE The election of the Junior Chairperson & sub-committee shall be held at the AGM. This election shall be presided over by the Chairman of the club. Parents of fully paid up juniors as at the AGM shall be eligible to nominate and vote as well as paid up seniors and honorary life members. Each family is entitled to a vote per child, to the maximum of 2. The new sub-committee shall be sanctioned by the Tramway Football Club Committee. b) JUNIOR CHAIRPERSON The Junior Chairperson shall preside at all sub-committee meetings. In any voting matters the Chairperson only has a casting vote. In terms of the club s constitution the Junior Chairperson shall attend all Club Committee meetings. The Junior Chairperson shall attend all District meetings. c) JUNIOR VICE CHAIRPERSON The Junior Vice Chairperson shall have the same duties as any other committee member. The Junior Vice Chairperson shall also have a portfolio, including acting on behalf of the Junior Chairperson if he/she is not available for any reason. d) JUNIOR TREASURER The duty of the Junior Treasurer shall be to receive and take charge of all monies due to the juniors (fees, donations, fundraising, etc), and to hand such monies to the Club Treasurer. The Junior Treasurer shall keep proper accounting records of all monies received and payments made and cross-reference with the Club Treasurer. The Junior Treasurer shall not make any payments without the authorisation of the Club Treasurer, and shall provide the necessary quotes and/or receipts. e) JUNIOR SECRETARY The duties of the Junior Secretary shall be as follows: To record the minutes of all meetings and to attend to general correspondence/administration generally. To keep a register of all junior members to include names, addresses, contact numbers, registration card numbers.

10 10 To provide a comprehensive register as per the aforementioned to the Club Secretary. f) POWERS OF THE ELECTED SUB-COMMITTEE The Tramway Football Club Committee will co-opt a working committee of the Junior section (referred to as the sub-committee). Due to the nature of the Junior section such representatives do not necessarily need to be members of the club but will need to abide by the constitution and disciplinary code for the club. The sub-committee is merely a sub-committee of the Senior Committee and as such all decisions are to be sanctioned/ratified by the Senior Committee. g) MEETINGS OF THE ELECTED SUB-COMMITTEE The elected sub-committee shall meet once a month (unless otherwise advised by the Junior Chairperson). At all such meetings the decision of the majority shall be binding. Fifty percent (50%) of the elected committee shall form a quorum. All elected sub-committee members present shall be entitled to vote. The Junior Chairperson only has a casting vote. Any sub-committee member who fails to attend two (2) meetings in succession shall be asked to resign from the committee. A Club Committee member is to be present at all sub-committee meetings, unless the Club Chairman waives this requirement. The Junior Chairperson shall report to the Tramway Football Club Committee on all meetings of the sub-committee, and shall provide copies of the minutes of the junior meetings to the Committee. h) SUBSCRIPTIONS All juniors shall be liable for subscriptions, the amount to be advised by the Club Committee. Only junior players whose fees have been paid in full and have a registration card will be eligible to participate in the club and play matches. Only fully paid up juniors will be eligible for awards at the end of the season. i) ANNUAL GENERAL MEETING The sub-committee shall convene an Annual General Meeting (AGM) within not less than 14 days notice of such meeting. Such notice to state the date, time, place and nature of the business to be dealt with. The notice is to be given to all junior parents and also to be displayed in a conspicuous place at the clubhouse. One quarter (1/4 or number of people) of all paid up junior parents shall constitute a quorum. Only parents of fully paid up junior members shall be eligible to vote, together with seniors and honorary members. Each family (per paid up juniors) shall be entitled to a vote per junior member, maximum 2 per family.

11 11 A list of all paid up juniors shall be kept on hand by the Junior Treasurer and Junior Secretary in order to dispel any confusion over who is eligible to vote. All senior paid up members are entitled to vote. The outgoing Junior Secretary shall keep minutes of the meeting. If there is no quorum within 30 minutes of the advertised time the meeting will stand adjourned until the same day & time the following week. If there is still no quorum at the follow-up meeting, the said meeting shall go ahead and any decision taken will be binding. The business at the AGM shall be: 1. To discuss matters arising out of the previous AGM 2. To receive and adopt the annual report by the current Junior Chairperson and Junior Committee 3. To discuss any new business 4. The Junior Chairperson s address 5. The Junior Treasurer s report on fundraising, expenses, subscriptions 6. General 7. The election of the new Junior Chairperson, Junior Vice Chairperson, Junior Treasurer, Junior Secretary as well as any other additional members if required. Each of the above office bearers will need to register with the club as non-playing members. All such members are to abide by the Constitution and disciplinary Code of Conduct of the Tramway Football Club (available from Club Secretary). j) SPONSORSHIPS/DONATIONS All sponsorships/donation requests are to be on a club letterhead and duly signed by the Club Chairman. Details of all sponsorship/donation requests or receipts are to be provided to the Junior Chairperson who will present same to the Club Committee for approval. No sponsorships/donations may be accepted and kept by any junior member, junior parent, junior coach or junior sub-committee member. All sponsorships/donations received by anybody must be handed to the Junior Chairperson or Junior Treasurer who will issue the necessary receipt/s. The funds will then be handed over to the Club Treasurer for banking. 18. NOTICE TO REVIEW OR RESCIND a) Notice to review or rescind any decision or ruling must be given within seven [7] days of such decision or ruling. No specific resolution or ruling of the soccer club can be called into review more than once during a period of twelve [12] months, unless otherwise deemed necessary by the elected committee. b) Alterations or amendments to the constitution or rules can only be effected at an AGM/SGM with thirty [30] or more paid up members in attendance. A two thirds [2/3] majority of those present and eligible to vote shall be required to vote in favour of any proposed amendment.

12 CLUB COLOURS The soccer club colours will be Bottle Green and Gold. The second colour combination will be white, or any other colour combination that will not clash with the opposing side. 20. SPONSORSHIPS This will be a matter taken up with the elected committee after every AGM. The elected committee s decision will be final. No sponsorship may be accepted by any member of the soccer club without the elected committee s approval. 21. VISITORS a) Only the members of the club (including bona fide reciprocity members) are permitted to pay for facilities, liquor or refreshments supplied on the premises of the club. b) In so far as the use of its facilities by guests(excluding family members) of its members is permitted by these by-laws, the number of guests of any one member may not on any one occasion exceed the number so permitted. c) Any member of any associated club in good standing is entitled to visit the club. 22. LIQUOR ACT REQUIREMENTS No profit from the sale of liquor by the club shall accrue to any individual. 23. DISSOLUTION In the event of the club liquidating/closing the assets are to be auctioned off and all monies of the club are to be donated to a charity, to be determined by fully paid up members at this time of closure, at a S.G.M. The charity to be decided upon will be by a majority vote. I Antoine Le Clue in my capacity as Chairman of the Tramway Football Club hereby certify this copy as true and complete copy of the constitution of The Tramway Football Club. Sign:.. Date: 1 October 2013