CONSTITUTION OF THE MUNICIPAL FACILITY MANAGEMENT COMMITTEE

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1 CONSTITUTION OF THE MUNICIPAL FACILITY MANAGEMENT COMMITTEE P R E A M B L E The City inherited diverse policies and procedures as a result of the implementation policies and strategies amongst the various administrations prior to the formation of the Unicity. This resulted in different ways of engaging with the sports and recreation community. Since 2000, in response to these challenges, the City commenced a series of consultations with the sports and recreation community which culminated in the development of an Institutional Framework which guides the various levels of interaction between the City and the Sports and Recreation Community. This Framework has the following key components. 1. Municipal Facility Management Committee - MFMC 2. Local Sports and Recreational Councils - LSRC 3. District Sport and Recreation Councils - DSRC 4. City of Cape Town Sport and Recreation Forum - CoCT Sport and Recreation Forum This constitution is applicable to the Municipal Facility Management Committee 1 NAME The organization shall be known as the Municipal Facility Management Committee, hereinafter referred to as the MFMC. 2 AREA OF JURISDICTION The Sport and Recreation Codes using a particular sports field complex / facility and duly affiliated to the MFMC. 3 AIMS AND OBJECTIVES 1. To play a coordinating role on behalf of the regular users of a facility. 2. To serve as the official channel between the formalized affiliates and organisations using the MFMC facility and the City of Cape Town Sport and Recreation Department. 3. To coordinate the management of the relevant facility with the Sport and Recreation Department. 4. To ensure equitable representation of users in the interaction with the City about the management of the facility. 5. To assist the City in determining the rightful users of a facility in the event of a dispute or an appeal. 6. To ensure that all dues are paid to City of Cape Town in accordance with the annual tariff structure of the City. 7. To coordinate with the City equitable service delivery at the relevant facility to the benefit of all codes using a facility. 8. To raise funds in such a manner and upon such terms and conditions as the MFMC, the Sport and Recreation Local Council, the District Council and the Forum may deem acceptable, for the purpose of furthering the objectives of sport and recreation at the MFMC facility.

2 9. To ensure that all users of the facilities are aware of and act in accordance with the management arrangements agreed to between the City s Sport and Recreation Department and the MFMC. 4 MEMBERSHIP AND REPRESENTATION 4.1 Representation on the MFMC will be per code / sport based at the relevant facility. Organisations other than sports codes using such facility on a regular basis may also be considered members of the MFMC provided such organizations comply with Codes and organizations that have paid their dues in accordance with the MFMC stipulations. 4.3 The City of Cape Town Sport and Recreation designated officials. 4.4 Representatives to the MFMC are nominated by their respective codes / facility users. 4.4 Membership of the MFMC may be terminated if members breach the constitution or the code of conduct. Termination of membership will only be effected after a report of the suspension is laid before the Local Sport and Recreation Council or District Sports Council and the City of Cape Town District Manager and the motion to suspend the code or organization has received a two-thirds majority vote at a Local Sport and Recreation Special General Meeting or alternatively at the District Sports Council. 4.5 Representation: a. Two members from each code duly appointed by the code located at the facility. b. The City of Cape Town Sport and Recreation designated officials. c. The Community Services Portfolio Committee will enjoy Ex-Officio status at all MFMC s 5 POWER AND FUNCTIONS 1. To coordinate the usage of the facility by members and non-members in accordance with a threshold of different sections of the facility. 2. To assist the Department of Sport and Recreation with monitoring of service delivery by internal or external service providers. 3. To manage and coordinate the bookings of the users in partnership with the Sport and Recreation Department. 4. The MFMC shall have the power to give rulings in any matter affecting the affairs of the Municipal Facility Management Committee, which are not specifically regulated by the constitution. Such rulings shall be binding on all members unless overruled by a Special General Meeting. 5. To elect and appoint delegates to the Local Council of Sport and Recreation.

3 6 EXECUTIVE MEMBERS office bearers (ExCo) The office bearers of the MFMC shall be: The Chairperson The Vice Chairperson The Secretariat provided by the City, where possible The Treasurer Delegated Official of the Sport and Recreation Department appointed by the Area Manager and confirmed by the District Manager. 7 WORKING COMMITTEE A Working Committee can be formed to deal with specific tasks with terms of reference and time frames. The MFMC shall give a Working Committee clear terms of reference. 8 DUTIES AND FUNCTIONS OF OFFICE BEARERS The Office Bearers shall manage the daily functions and implement the decisions of the MFMC. The Chairperson must call meetings and deal with such Forum business as may be required. The Vice Chairperson must chair the meeting/s when the Chairperson is not available and must deal with such Forum business as may be required. The Secretariat must 1. record all minutes of meetings, 2. set agendas for meetings, in consultation with the chairperson, 3. receive, table and send out all correspondence, 4. give notice of meetings timeously, at least 7 days in advance. 5. give notice of Special General Meetings at least 7 days in advance, 6. give notice of the AGM at least 30 days in advance. The Treasurer must 1. keep proper records of the MFMC finances in accordance with generally accepted financial practices and must present income and expenditure reports at meetings, 2. receive, collate and report to the MFMC on the finances of the MFMC on an annual basis, or whenever required to do so.

4 City of Cape Town Facility Manager: 1. These Officials MUST attend all meetings of the MFMC, and act in an advisory and supportive role and report back to the MFMC meetings. The Area Manager must appoint a substitute in the absence of the delegated official. 2. The MFMC shall be assisted administratively by the officials of the CoCT Sport and Recreation Department. 9 FINANCE AND FUNDRAISING The MFMC shall operate a finance account at a State-registered finance institution. The mandate form shall have the signatures of three of the officials. The MFMC shall present a quarterly balance of statement to the Sport and Recreation Department and which report shall be made available to the Portfolio Committee in terms of its oversight role (Section 79 Committees). 10 MEETINGS, VOTING AND ELECTIONS. Meetings 1. Meetings shall take place at least 4 times per calendar year plus the Annual General Meeting. 2. The Chairperson shall call a Special General Meeting within a reasonable time, upon receipt of a written request to do so by at least 50% plus 1 members. 3. Notice of meetings must be submitted 7 days prior to the meeting/s. 4. AGM notice to be submitted at least 30 days prior to the date of meeting. Annual General Meeting The Annual General meeting of the MFMC shall be held no later than the end of June biennially. At the AGM the business to be transacted shall be as follows and in the same order of precedence if practicable: 1. Opening and verification of credentials. 2. Notice of motions, such motions having been properly circulated prior to the meeting. 3. Confirmation of minutes of the last AGM. 4. Chairpersons Address. 5. Secretariat Report 6. Annual Financial Statement, Balance sheet and Auditor s report. 7. Notice of changes to the Constitution. 8. Election of the Executive Committee 9. General Business. Voting

5 1. The representatives of the codes and organisations nominated to and accepted by the MFMC have one vote each. The City of Cape Town Facility Manager does not have a vote. 2. Voting at MFMC meetings shall be by show of hands. The Chairperson shall have only a deliberative vote. In the event of an equality of votes when voting is by show of hands, the Chairperson shall, in addition to his deliberative vote, have a second or casting vote. No proxy votes will be permitted. Election of Office Bearers Quorum 1. The officials will be elected into position by a simple majority by show of hands. 2. Each member shall have one vote for each position. 3. The City Official or an agreed acceptable elected person is to act as an electoral officer. The quorum of all meetings shall be 50% plus one of those members who are in compliance with the rules of membership and entitled to be present at the meeting. Should a quorum not be available at a meeting, the meeting may be postponed for a period of 7 days whereupon the meeting will be reconvened. At the rescheduled meeting the members present will be deemed to be a quorum, irrespective of the number of members in attendance. Motions 1. The agenda shall consist only of those items for which due notice was given. 2. Notice of motions must be circulated 14 days prior to the meeting. 11 AMENDMENTS TO THE CONSTITUTION The Constitution may be amended by a resolution passed by a two-thirds majority of votes cast at a Special General Meeting or an Annual General Meeting of the MFMC and approval by the CoCT. The motion proposing the amendment to the constitution must be circulated to all members and the MFMC at least 21 days prior to the meeting. All member bodies shall be notified in writing of any changes to the constitution. 12 DISSOLUTION (LEGAL PERSONA) The MFMC will be dissolved at a Special General Meeting called for the purpose and all assets will revert to the City of Cape Town, Department of Sport and Recreation. 13 CODE OF CONDUCT

6 All members are expected to abide by the Code of Conduct of the Forum. THE CODE OF CONDUCT The purpose of this document is to give practical effect to the requirements of the Constitution of the MFMC. The Code should act as a guideline as to what is expected of members, both in their individual conduct and in their relationships with others. Compliance with the Code can and must contribute to the enhancement of the status of the organization and help to ensure confidence in the MFMC and its members. Members: 1. shall promote the well-being of the MFMC in the performance of their duties, 2. will serve the MFMC in an unbiased and impartial manner in order to create confidence in its objectives, 3. will not in any way discriminate against any member, 4. will not abuse her/his position to promote or prejudice the interests or intentions of other members, 5. will co-operate fully with other members to advance the interests and objectives of the MFMC. 6. will promote sound, efficient, effective and transparent administration, 7. will honour the confidentially of issues, documents and or discussions, 8. will, during official duties, behave in a manner that enhances the reputation of the MFMC. 9. will not disclose any official information for personal gain or that will be prejudicial to the MFMC. 10. will not impede, undermine or obstruct any of the activities or functions of the MFMC. 11. will not prejudice the activities or position of any other community organization by expression or action. 12. members shall be responsible for their portfolios. They shall attend to the business at hand and present reports and information when called upon to do so. This includes the officials in their various capacities. NOTE: 1. Officials who absent themselves from two consecutive meetings without a reasonable written apology shall be deemed to have vacated the position. 2. The MFMC shall have the right to co-opt another person in that position, provided that the balance of representation are maintained and that no single code are unduly disadvantaged 15 DEFAULT The MFMC would be deemed to be in default should it: 1. Fail to have 2 consecutive meetings 2. Fail to call an AGM as per the constitution

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