WANGANUI CYCLING CLUB

Transcription

1 WANGANUI CYCLING CLUB RULES Adopted in substitution for existing rules by resolution of the members of the Wanganui Cycling Club Incorporated at its Annual General Meeting held on 15 May NAME The name of the Club shall be the Wanganui Cycling Club 2. OBJECTIVES The objectives of the Club are: 2.1 To develop cycling in the Whanganui region and encourage participation in cycling by individuals of all ages and abilities; 2.2 To promote cycling competition and demonstrations; to encourage cycling, both track and road, and recreational cycling of all disciplines; and to engage in any activities, including the provision of advice, coaching and training, designed to promote this objective; 2.3 To promote the general social, recreational and sporting wellbeing of the residents of the Whanganui region; 2.4 To encourage, foster, aid and assist Club members to participate in cycling, promote their wellbeing and reach their desired potential; 2.5 To conduct and/or participate in programmes that assist members in the development of their cycling and cycling related skills; 2.6 To support advocacy for all forms of cycling in the Whanganui region; 2.7 To raise funds to promote the objectives of the Club;

2 2.8 To affiliate with such national and regional associations as have similar or compatible objectives, purposes or activities as the Club; 2.9 To do all such further acts and exercise all such powers as may be lawfully done or exercised by a natural person, including but not limited to entering into contracts and borrowing and lending money, as shall generally promote the objectives and welfare of the Club. 3. INTERPRETATION 3.1 In these Rules: AGM means the Annual General Meeting held in accordance with these rules; SGM means a Special General Meeting held in accordance with these rules; Centre means the West Coast North Island (WCNI) Centre, being an inter-regional association within the governance structure established by Cycling NZ; Club means the Wanganui Cycling Club; Committee means the Committee established under Rule 7 of these Rules; Cycling NZ means Cycling New Zealand Federation Incorporated (or its successors), being the national governing body of the sport of cycling in New Zealand (also known as BikeNZ). Financial year means a calendar year commencing on 1 January and ending on 31 December in the same year. 3.2 In these Rules: (a) The plural includes the singular and vice versa; (b) Words of one gender include the other gender; (c) In the event of any ambiguity, these Rules shall be interpreted so as to be consistent with the Constitution of Cycling NZ. 4. MEMBERSHIP Membership shall be available to all individuals and families who wish to compete, participate, support or officiate in cycling 4.1 Membership categories shall be: (a) Life Members (see 4.6 below); (b) Senior members;

3 (c) (d) (e) (f) (g) (h) Junior members, being persons who have not attained the age of 19 years at the commencement of the financial year of the Club; Honorary members, being such persons or organisations as the Club shall decide subject to such conditions as it shall prescribe. Honorary members shall not pay a subscription fee nor have a vote in the administration of the Club. Honorary membership shall be reviewed on an annual basis; Social members, being persons not actively engaged racing or competitive cycling events, and whose primary objective is recreational riding, based around camaraderie and social interaction with other members in a cycling environment; Family, being 3 or more related persons living in the same household, where at least one of those persons is under the age of 17. Every member of a family which has family membership will be recognised as an individual member of Club; Administrative members, being persons not actively engaged in cycling (racing or recreational), but who hold a position of responsibility within the Club; Associate members, being persons who are bonafide members of another cycling club; or organisations promoting the sport of cycling for the benefit of its members. 4.2 Applications for membership shall be made in writing in such form as may from time to time be prescribed by the Committee, and must be accompanied by the appropriate subscription fee which shall be set at the AGM of the Club. 4.3 A new member may be admitted at any time in accordance with the Club rules at the sole discretion of the Committee. A new member joining the Club part way through the financial year may have their subscription fee reduced on a pro-rata basis as may be determined by the Committee. A prospective new member may be entitled to up to three (3) free entries (within a 5 week period) into Club races with the expectation that any such person will become a bonafide member of Club, having paid the appropriate subscription. 4.4 It is a condition of membership that all members abide by the Club rules and, where appropriate, those of the Centre and Cycling NZ.

4 4.5 The membership register of the Club shall be prima facie evidence of membership of the Club, and no person shall be classified as a bonafide member of the Club unless any subscription fee due is paid in full. 4.6 LIFE MEMBERSHIP (a) Life membership may be granted to an individual member in recognition and appreciation of long term service to the Club. (b) (c) Nominations for Life Members can be made by any member or the Committee but must be made by the 31 st December of the year prior to the next Annual General Meeting. As part of the notification of an Annual General meeting covered in Rule 18, any special resolution to elect a life member must be notified to the members. (d) A person who has been nominated shall become a Life Member if at least 75% of the members attending the Annual General Meeting so approve. 5. HEADQUARTERS 5.1 The headquarters of the Club shall be at such place as the Committee shall from time to time determine. 6. CLUB COLOURS 6.1 The colours of the Club shall be blue and white, or such other colours as the Committee may determine from time to time. 7. MANAGEMENT 7.1 The management of the affairs of the Club shall be vested in a Committee of members in accordance with the rules and regulations of the Club. The Committee shall number not less than seven (7) members, including elected officers, or such number as may be determined at the AGM from time to time. No member whose subscription is in arrears may be appointed or elected to the Committee. 7.2 Officers and Committee members shall be elected at the AGM of the Club. The committee may co-opt additional members as may be required from time to time, and may establish (and disestablish) sub-committees and appoint members to those subcommittees, as the Committee may so determine.

5 7.3 A member of the Committee who fails to attend three (3) consecutive meetings of the Committee without cause to the satisfaction of the Committee shall cease to be a member of the Committee. 7.4 The Committee may appoint a financial member to fill a vacancy among its members, or to fill an office of the Club that may become vacant, and such appointment shall hold good until the next AGM of the Club. 8. OFFICERS 8.1 The elected officer positions shall be President; Vice-President: Secretary and Treasurer, which collectively make up the Executive. 8.2 Other Officers shall include: Club Captain/s (Men, Women and Under 19); Convener of the Road Racing Subcommittee and Convener of the Track Racing Subcommittee. One person may concurrently hold more than one officer position, but no officer will hold more than two (2) concurrent positions. 9 EXECUTIVE 9.1 The Executive may transact the business of the Club and generally fulfil all the functions of the Committee between Committee meetings, and all decisions of the Executive must be ratified at the next meeting of the Committee or will lapse. 10. ELECTION OF OFFICERS 10.1 Subject to Clause 7.4, the election of officers will take place at the AGM and the appointment of officers will take effect at the conclusion of the AGM. Only current members of the Club, excluding Honorary and Associate members, shall be eligible to hold office in the Club A candidate for office in the Club must be proposed by one member and seconded by another at the AGM. If the candidate not be present at the meeting, then the proposer must produce evidence satisfactory to the Chair that the nominated candidate is willing to accept office.

6 11. DUTIES OF OFFICERS 11.1 The duties of the Secretary shall be: (a) To call and attend all general meetings and all committee meetings; (b) To take minutes, submit correspondence and reply thereto according to the directions of the meeting; (c) To keep a register of the members of the Club and the addresses of the same; (d) To keep all records and generally to perform all the clerical work of the Club. (e) Immediately after the Annual Meeting of the Club furnish to the Centre the Annual Return of Clubs form, and such Return of Clubs shall be a faithful copy of the membership register of the Club as at date of the Annual General Meeting thereof The duties of Treasurer shall be: (a) To attend all general meetings of the Club and all Committee meetings to report on the management of the Club s finances and financial position; (b) To receive all moneys due to the Club and to place the same to the credit of the Club s banking account; (c) To supervise payment of all disbursements in accordance with the rules and policies approved by the committee; (d) (e) (f) To keep proper books of account; To prepare and submit to members of the Club at the Annual General Meeting a statement of the financial position of the Club as reviewed by an appropriately qualified independent accountant. To oversee the prudent management of the Club s finances and ensure that financial management practices are consistent with good business practice The duties of the Club Captain shall be: (a) To implement any regulations or policies relating to the conduct of racing and related activities of the Club; (b) To encourage the participation of members in Club and interclub events. 12. MEETING CHAIR 12.1 At all general and committee meetings of the Club the President shall preside. If the President should be absent, the Vice-President

7 shall preside. In the absence of both the President and the Vice- Present the meeting shall elect a chair At all general meetings of members and at all meetings of the Committee the Chair shall have a deliberative vote and in the event of equality of voting a casting vote in addition The Chair s ruling shall be final on any point of order. 13. SUBSCRIPTION 13.1 The annual subscription for each category of membership shall be set at the AGM No member whose subscription renewal is in arrears for one (1) month or more shall be entitled to take part in the activities of the Club, but this shall not absolve him/her from liability for payment Any member of the Club whose subscription is in arrears for three (3) months shall thereupon cease to be a member of the Club, but shall still be liable for the subscription. Notwithstanding the preceding provisions hereof, the Committee shall have the right to remit the subscription or other dues owing by any member for any reason it may think fit. 14. FINANCES 14.1 All monies received by the Club shall be placed to the credit of the Club s account in the bank approved by the Committee, and the disbursements of Club funds shall be by cheque, or such other payment method, authorised by two Committee members as approved by the Committee No money from the Club s account shall be paid except pursuant to a decision duly recorded in the minutes of the Committee or the decision of a general meeting of members The Committee has the power to raise a loan in the Club s name, provided that the amount to be borrowed does not exceed an amount equal to the total subscriptions received in the preceding three (3) years.

8 14.4 The raising of a loan that exceeds the maximum amount specified in clause 16.3 can only be approved at a general meeting (AGM or SGM), where prior notice to members has been given in accordance with these Rules. The resolution to borrow such a sum must be passed by at least 75% of the members present at the general meeting. 15. MISCONDUCT 15.1 Members who breach the Club rules or regulations, or exhibit behaviour or conduct which unduly affects the safety and well-being of other members or any other person, or which negatively impacts on the reputation and standing of the Club, may be subject to disciplinary action, including suspension or expulsion from the Club Expulsion or suspension for a period of more than three (3) months duration may be imposed only by the unanimous decision of all members of the Committee, or by a majority decision of the members of the Club at a special general meeting of members called for that purpose. Suspension for a period of up to three (3) months, or other penalties may be imposed by the Committee or a subcommittee appointed by the Committee for that purpose Any member subject to disciplinary action has the right to appeal any sanction imposed. Any such appeal must be made in writing to the Secretary within ten (10) days of notification to the member of the disciplinary action to be taken The appeal will be heard by an independent panel appointed by the Committee, and convened as soon as reasonably practicable. The member appealing will have the right to appear before the panel. An officer or other member of the Committee will present to the panel the Committee s decision to impose the disciplinary action and the reasons for that. The panel will deliberate and issue its decision on the appeal within 48 hours of the hearing. The decision of the panel will be final Notice of any expulsion or suspension imposed may be sent by the Secretary of the Club to the Centre and/or Cycling NZ.

9 16. ANNUAL GENERAL MEETING 16.1 The AGM of members of the Club shall be held not later than 31 May in each year. Notice to members of the meeting shall be given at least 28 days before the meeting takes place. The notice may be given by , electronic newsletter, posting on the website, post, notice in the Clubrooms; and by notification in a newspaper circulating in the district at least 14 days before the AGM The business of the Annual General Meeting shall be: (a) To receive the audited Annual Report and Financial Statements; (b) To elect officers; (c) To consider motions of which notice has been given; (d) To transact general business; (e) To appoint an appropriately qualified independent accountant to review the financial records of the Club and prepare the audited financial statements; (f) To receive the President s report; (g) To set annual membership subscription rates; (h) To set the honorarium for the Treasure and Secretary; (i) To elect a Club Patron (as required) The order in which the business is transacted shall be determined by the Chair Any member may speak at a general meeting, but only members other than Honorary and Associate members may vote and hold office Non-members/visitors may attend a general meeting, and the Chair may grant speaking rights to such persons. 17. SPECIAL GENERAL MEETING 17.1 A Special General Meeting of members may be called at any time by the Committee by requisition signed by not less than ten (10) members, not being honorary or associate members. The requisition shall be addressed to the Secretary and shall set out specifically the business for which the SGM is required. Upon receipt of such a requisition the Secretary shall forthwith take the

10 necessary steps to convene the meeting. The notice to members of a SGM shall be the same as that prescribed for the AGM At a SGM only the business set out in the notice convening the meeting shall be considered, providing that the meeting may, by unanimous vote, permit the consideration of additional business The procedures for attendance and conduct of a SGM shall be the same as for an AGM. 18. QUORUM 18.1 At all general meetings of the Club the quorum shall be fifteen (15) members entitled to attend such meeting. If after the expiration of such time as the Chair shall decide from the time appointed for the commencement of the meeting there is no quorum present, the Chair shall adjourn the meeting to a date and time to be given by the Secretary in the manner prescribed for notice of a general meeting. If at the resumed meeting there is still no quorum present then those present shall constitute a quorum and shall be entitled to transact the business of the meeting In the case of a SGM called by requisition of members, if there be no quorum present the Chair shall have discretion to adjourn the meeting in the manner prescribed in Rule 18.1 or to declare such meeting lapsed At all meetings of the Committee the quorum shall be as decided by the Committee, but in any event shall not be less than four (4) members At all subcommittee meetings the quorum shall be as decided by the Committee. 19. VOTING 19.1 At all meetings of the Committee and at all General Meetings of members voting shall be on the voices, except where a vote is challenged, when a show of hands shall be taken In all contested elections for the appointment of officers at the AGM the voting shall be by a paper ballot. The Chair will appoint at least

11 two scrutineers to count the votes and the Chair will announce the results at the meeting All voting shall be by members attending the relevant meeting in person, and no voting by proxy is permitted A vote of no confidence in an officer or committee member, or group of officers or committee members, can only be proposed at a general meeting (AGM or SGM). A vote of no confidence can only be carried where at least 75% of the members present vote in favour. 20. REGULATIONS 20.1 The members of the Club in a general meeting or the Committee of the Club at any time may make such Regulations for the conduct of the Club as they shall determine, but any such regulations may not conflict with these Rules Regulations shall have full force as the Rules of the Club. Any regulation made by the Committee shall hold good until the ensuing general meeting (AGM or SGM) of members, when it must be confirmed or lapse. Pending the confirmation by a general meeting of a regulation made by the Committee, a regulation so made may be repealed by the Committee notwithstanding the provisions of Rule ALTERATION OF RULES & REGULATIONS 21.1 Neither these Rules nor any Regulations made thereunder shall be altered or repealed, nor any new Rule or Regulation (except as provided in Rule 22) introduced, except at the AGM or at a SGM called for that purpose. Notice of any proposed alteration, repeal or introduction of a new Rule or Regulation shall be given to each member at least seven (7) days before the date of the meeting. No change to the Rules or Regulations shall be made at any general meeting unless at least 75% of the members present vote in favour of the change No addition to or alteration of the non-profit aims, pecuniary gain (personal benefit) clause or the winding up clause shall be approved without the approval of the Inland Revenue Department. The provisions and effect of this clause shall not be removed from this

12 document and shall be included and implied into any document replacing this document. 22. PECUNIARY GAIN 22.1 No member of the Club shall derive any pecuniary gain (except as a salaried officer, by way of payment for goods or services supplied at normal commercial rates, or by way of honorarium for services rendered voted by a general meeting of members) from any property or operations of the Club No member of the Club or any person associated with the Club or any person associated with a member of the Club shall participate in or materially influence any decision made by the Club in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever. Any such income shall be reasonable and relative to that which would be paid in an at arm's length transaction (being the open market value) Any income, benefit or advantage shall only be applied to the objectives of the Club. 23. WINDING UP 23.1 The members may call a SGM for the purpose of proposing to wind up the Club, with such a proposal requiring support from 75% of the members present at that meeting. If such a proposal was passed, then a further SGM must be called with the sole purpose of winding up the Club. Such a SGM must be called no earlier than 30 days following the date of the preceding SGM. At the second SGM the authority to wind up the Club is granted if the resolution to wind up the Club is supported by at least 75% of the members present In the event of the voluntary dissolution of the Club, or the Club ceasing to exist through any other cause, the net assets after the discharge of all liabilities shall be handed to Cycling NZ to be held in trust for five (5) years from the date of dissolution, with any income derived from the assets being retained in this fund. If during this period a properly constituted group in the Whanganui region is established that has objectives consistent to those of the Club, as set out in these rules, then Cycling NZ will pass over the assets held in Trust to this appropriately constituted group. In the event no

13 appropriately constituted group is established within the requisite timeframe, then the assets will revert to the ownership of Cycling NZ In no event shall the net or surplus assets of the Club be divided among the members thereof, nor shall the members of the Club have any beneficial interest therein. 24. THE COMMON SEAL 24.1 The Seal of the Club shall be used by the authority of a resolution of the Committee and every instrument to which it is affixed shall show accordingly. The seal shall only be affixed in the presence of two members of the Executive and reported to the next meeting of the Committee and confirmed in the minutes of that meeting. The Seal shall be kept in safe custody by the Secretary of the Club.