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CASC Constitution
2009 AGM Agenda for 4 Nov

Athletics Club Constitution

 

Team Devizes – Moonrakers AC

 

1. Club Name and Colours 

 

The Name of the Club is Team Devizes – Moonrakers AC and it was established in 2007.  The Club Colours shall be a navy blue vest with red edging, with a white diagonal stripe from the right shoulder to left hip this white stripe being split into two by a red stripe in the middle and navy blue shorts. Team Devizes - Moonrakers AC will be affiliated to the England Athletic Association & Wiltshire Athletic Association.

 

2. Club Purpose, Aims and Objectives

 

The purpose of the Club is to provide facilities and to promote the amateur sport of athletics in Devizes and community participation in the same.

  

The aims and objectives of the club will be:

  • To offer coaching and competitive opportunities and to facilitate training in Track   and Field Athletics, Sportshall Athletics, Road and Cross Country Running, for all age Male and Female Athletes.

  • To promote the club and the sport within the local, and wider community.

  • To ensure a duty of care to all members of the club.

  • All Coaches and Officials of the Club will be subject to CRB checks.

  • To provide all its services in a way that is fair to everyone.

  • To ensure that all present and future members receive fair and equal treatment.

 

3. Membership of the Club

 

a) Membership Application 

 

 Membership of the Club shall be open, on application, to anyone interested in recreational or competitive athletics / running, regardless of sex, age, disability, ethnicity, race, nationality, sexual orientation, occupation, religion, political or other beliefs. However, limitation of membership according to available facilities is allowed on a non discriminatory basis.

 

Individuals who wish to become members of the Club must apply by using the Membership Application Form.  Applications must be accompanied by a subscription fee. Every candidate for membership shall be considered by the Committee, which shall admit that person to membership unless to do so would be contrary to the best interests of the sport or the good conduct and interests of the Club.

 

The Club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made to the members.

 

By becoming a member of the Club, every member agrees to abide by the Club’s Constitution and Rules; the Rules of Competition and other rules and regulations of UK Athletics Limited; and the rules and regulations of England Athletic Association & Wiltshire Athletic Association.

 

b) Membership Classes and Subscriptions

 

The Club may have different classes of membership and subscription on a non discriminatory and fair basis. The Club will keep subscription at levels that will not pose a significant obstacle to people participating.  Members will enjoy the rights and obligations specifically outlined in this document.  Members must also designate themselves as either “First Claim” or “Second Claim” Members.

 

 

Ordinary Members

 

Anyone satisfying general admission criteria can become an Ordinary Member provided that: they are an amateur as defined from time to time by UK Athletics.

 

There are four classes of Ordinary Membership; Coach, Senior, Junior and Family.  Anyone under the age of 15 years at the date of their application shall join as a Junior Member.

 

Life Members

 

Life Members will ordinarily be granted only in recognition of a significant personal contribution to the Club’s affairs.  The total number of Life Members is not limited, but only two Life Memberships may be granted in one financial year.  Individuals to be appointed Life Members shall be proposed by the Committee and elected at an Annual General Meeting and must have support of two thirds of voting members present.  Life Members are exempt from payment of annual subscriptions but shall otherwise have the same rights as Ordinary Members.

 

Honorary Members

 

Honorary membership may be conferred by the Committee upon individuals who are active in club affairs.  Honorary members shall have voting rights but shall not pay subscriptions.  Honorary membership shall end when so determined by the Committee.

 

c) Subscriptions

 

The Club will as a condition of membership require annual and other periodic subscription fees to be paid by Members of the Club, as determined annually by the Committee provided that the Committee shall ensure that the subscription fees are set on a non-discriminatory basis and do not preclude open membership of the club.

 

Ordinary Members shall pay their subscription fees into the Club’s Bank Account by such date as the Committee shall prescribe each year.

 

Members having arrears of subscriptions of more than six weeks will have their membership automatically terminated and will not be eligible to participate in the affairs or activities of the Club, including voting in any General Meeting.  Payment of a full subscription at a later date will enable the former member to be readmitted by the Committee.

 

d) Cessation of Membership

 

Members may resign from membership at any time by notice to that effect given to the Secretary.  A member who resigns shall not be entitled to any refund of subscriptions in respect of the remaining period.

 

Membership shall not be transferable and shall cease immediately on death or on the failure of the member to comply with any condition of membership set out in this Constitution.

 

The Committee shall have the power to expel a Member when in its opinion it would not be in the interests of the sport or the Club for him or her to remain a member.  Such expulsion shall be carried out in accordance with the Disciplinary Procedures set out below.

 

Any person shall, upon ceasing to be a Member of the Club, forfeit all rights to and claims upon the Club and its property and funds.

 

4.  The Club Committee

 

The Club Committee will consist of the following officers of the club:

·          Chairman

·          Secretary

·          Treasurer

·          Any other relevant positions including Two Welfare Officers.

·          minimum of six and maximum of nine Ordinary Committee Members

 

All officers will retire each year but will be eligible for re-election. Officers will then be elected annually at the Annual General Meeting.

 

Only these posts will have the right to vote at meetings of the Club Committee.

 

The Club Committee will be convened by the Secretary of the club and held no less than FOUR times per year.

 

The quorum required for business to be agreed at Club Committee meetings will be: FIVE

 

a) Election of Committee

 

Any Member may be nominated by any other two Members, with his/her approval, as a candidate for any of the posts by notice in writing (including emails) to the Secretary at least two weeks before the date of the Annual General Meeting.

 

If the number of candidates for the post of any Committee Officer is only one, that candidate shall be declared elected unopposed.  If the number is more than one, ballot papers shall be prepared containing in alphabetical order all the names thus proposed: ever eligible Member may vote for each office with the first candidate to reach a majority elected.

 

b) Leaving Office

 

The office of an elected member of the Committee shall be vacated if he or she:

 

Ÿ         Resigns at any time by notice in writing to that effect given to the Secretary.

Ÿ         Ceases to be a member or shall be excluded or suspended from the Club under disciplinary proceedings.

Ÿ         Is asked to resign by all the other Committee members, acting together.

 

The Committee shall have the power to appoint a Member to fill any casual vacancy on the Committee until the next Annual General Meeting. Any Committee Member so appointed shall retire at the next Annual General Meeting but shall be eligible for election at such meeting in accordance with the provisions for Proceedings at General Meetings.

 

b) Powers of the Committee

 

The Committee shall be responsible for the management of the Club and shall have the following specific powers to:

 

a)       Make Club Rules and regulations to allow for day to day operation of the Club and its activities.  Such Club Rules may not supersede or contradict provisions of the Constitution and must be reasonably available to Members.

b)       Operate a Member’s Welfare policy in accordance with the Policy and Procedures issued by UK Athletics Limited.

c)       Appoint any person or persons to accept and hold in trust for the Club any property belonging to the Club or in which it is interested.

d)       Make and give receipts, releases and other discharges for any amount payable to the Club and for claims and demands of the Club.

e)       Invest, place on deposit and deal with any finances of the Club not immediately required upon any investments or securities which the Committee thinks fit.

f)        Issue, sign, draw, endorse, negotiate, transfer and assign all cheques, bills, drafts, promissory notes, securities and instruments, negotiable and non-negotiable, to operate on the Club’s banking accounts.

g)       Pay all costs and expenses of, and incidental to, any of the aforesaid matters and things.

h)       Determine how and by whom any such power shall be executed, operations effected and documents signed or things done.

i)          Appoint Members or sub-committees as necessary and appoint advisers to the Club Committee as necessary to fulfil its business.

j)         Organise Club activities.

k)       Responsible for disciplinary hearings of members who infringe the club rules/regulations/ constitution.

l)         Take any action of suspension or discipline following such hearings.

 

5. Annual General Meetings

 

The Annual General Meeting of the Club shall be held within the month of May each year, on a date and at a reasonable time and place to be fixed by the Committee for the following purposes and order of business:

 

Ÿ         To receive from the committee an Annual Report, balance sheet and statement of accounts for the preceding financial year;

Ÿ         To elect the Committee;

Ÿ         To decide on any resolution which may be duly submitted to the meeting as provided by The these Rules.

 

Not less than three weeks notice of an Annual General Meeting specifying the place, day and time of the meeting shall be given to the Members.

 

Nominations for officers of the Management Committee will be sent to the Secretary prior to the AGM.

 

All members have the right to vote at the AGM.

 

The quorum for AGMs will be 25% of the membership.

 

The Annual General Meeting shall elect from those present a Returning Officer to oversee any elections conducted at the meeting.

 

The Management Committee has the right to call Extraordinary General Meetings (EGMs) outside the AGM. Procedures for EGM will be the same as for the AGM.

 

6. Accounts

 

The Treasurer will ensure proper accounts are kept and provide Committee Members with accurate financial reports on at least a quarterly basis.  The Club’s financial records shall always be open to inspection by the Committee.

 

The Club’s Financial Year shall run from April 1 to March 31 inclusive.

An audited statement of annual accounts will be presented by the Treasurer at the Annual General Meeting.  If the Accounts are not accepted at the Annual General Meeting, a qualified Accountant may be appointed to investigate members’ concerns.

Any cheques drawn against club funds will hold the signatures of the Treasurer plus one of the two other appointed officers and receipts for goods/services retained as proof of any purchase.

 

Application of Property and Surplus Funds

 

The Club is a non-profit-distributing organisation. The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonable allowed by the rules.  All surplus income or profits are to be reinvested in the club and will be used to maintain or improve the Club’s facilities or otherwise in furtherance of the Club’s objects.

 

The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post match refreshments and other ordinary benfits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.

 

The Club may also in furtherance with the objects of the Club:

 

Ÿ         Sell and supply food, drink and related sports clothing and equipment.

Ÿ         Employ members (though not for playing) and remunerate them for providing goods and services on fair terms set by the Committee without the person concerned being present.

 

Ÿ         Pay for reasonable hospitality for visiting teams and guests.

 

No member shall be paid a salary, bonus fee or other remuneration for competing for the Club.

 

7. Dissolution of the Club

 

A resolution to dissolve the club can only be passed at an AGM or EGM. The members may vote to wind up the Club of not less than three quarters of those present and voting support the proposal.

 

 If successful, the Committee will then be responsible for the orderly winding up of the Club’s affairs.

 

[After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

 

·                    To another Club with similar sports purposes which is a registered charity and /or

·                    To another Club with similar sports purposes which is CASC  registered  and /or

·                    To the Club’s governing body for use by them for related community sports.]

 

 

8. Discipline and appeals

 

The Club shall not tolerate the physical or mental abuse, harassment, discrimination or defamation of any of its Members during, or subsequent to, Club Events.  Any Member may be disciplined or excluded from membership of the Club if his or her conduct has been, or is likely to be, prejudicial to the interests of the Club

 

All complaints regarding the behaviour of members should be submitted in writing to the Secretary.

 

The Club Committee will meet to hear complaints within TWENTYONE days of a complaint being lodged. The committee has the power to take appropriate disciplinary action including the termination of membership.

 

Any Member who is the subject of a complaint will have notice of the Committee Meeting sent to him or her together with details of the case against him or her.  The Member shall be entitled to attend the Meeting and be heard in defence, but shall not be entitled to be present at the voting or take part in the proceedings other than as the Committee shall permit.

 

The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within SEVEN days of the hearing.

 

There will be the right of appeal to members, none of whom will have been involved in making the initial decision following disciplinary action being announced. The members should consider the appeal within TWENTYONE days of the Secretary receiving the appeal.

 

11. Amendments to the constitution

The constitution will only be changed through agreement by majority vote at an AGM or EGM.

 

12. Priority

Where there is any conflict between any of the rules of the above Rules (“key Rules”) and any other rule or rules the key Rule(s) will take priority. Interpretation of all the Rules must be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002)

 

 

13. Declaration

 

Team Devizes - Moonrakers AC hereby adopts and accepts this constitution as a current operating guide regulating the actions of members. 

 

Signed:                                                 Date:   4th November 2009

 

Name:  Colin Baross

 

Club Chairman

 

Signed:                                                 Date:   4th November 2009

 

 

Name: Tracy Hodge

 

Club Secretary