Bristol West Indian Phoenix Cricket Club Constitution (ratified 27 Jan 2013)

 

1 Name

1.1 The name of the Club is Bristol West Indian Phoenix Cricket Club, hereafter to be referred to as ‘’The Club’’ and The club shall be affiliated to the England and Wales Cricket Board through the Gloucestershire Cricket Board.

1.2 Club colours shall be maroon and white. The playing kit will be traditional cricket dress. The address of the Cricket Club is: The Rose Green Centre, 65 Gordon Road, Whitehall, Bristol BS5 7DR.

2 Aims and Objectives

2.1 To foster and promote the sport of cricket at all levels within the community and within the sport, providing opportunities for recreation, coaching and competition.

2.2 To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and the Laws of Cricket.

2.3 To ensure a duty of care to all members of the club by adopting and implementing the ECB ‘Safe Hands-Cricket’s Policy for Safeguarding Children’ and any future versions of the Policy.

2.4 To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy.

2.5 To encourage all members to participate fully in the activities of the club.

2.6 Rose Green Sport and Leisure Limited will provide Support and Maintenance to the club.

3 Membership

3.1 Membership of the club shall be open to anyone interested in the sport of cricket on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.

3.2 Application for membership of the club shall be by completion of a membership application form as the Management Committee requires and by payment of the relevant subscription.

3.3 The standard member subscription level of the club for a membership year shall be set by the Management Committee and ratified at the AGM.

3.4 No person shall be eligible to take part in the business of the club or eligible for selection for any club team unless the appropriate subscription has been paid by the specified date or membership has been agreed by the Committee.

3.5 Outstanding service to the Club or Cricket in general can be recognised with election at an AGM to the honorary positions of Life Member or President.

3.6 All members will be subject to the regulations of the Constitution and by joining the club be deemed to accept these regulations and any Codes of Conduct that the club has adopted. The Constitution shall identify those members eligible to vote at any General Meetings.

3.7 The membership year shall be from the 1st March of one year to the 28th February of the following year. Membership shall be open to any person over the age of 8 (eight) years at the 1st March of a membership year interested in furthering the objects and who has paid the annual subscription.

3.8 Membership shall consist of two classes: Playing Member and Non-Playing Member. All non-playing members must be volunteers and helpers (this might include, for example, individuals still wishing to be associated with the Club but who are unable to play for reasons of health or old age).

3.9 The membership subscription structure, where 100 (one hundred) represents the standard subscription, with relative discounts for specific groups shall be as follows:

Playing

Member

%

Vote

Non-Playing Member

%

Vote

Over 25 years

100

Yes

Adult

100

Yes

Over 18

up to 25 years

75

Yes

Senior Citizen

75

Yes

Full time Student

50

Yes

Social

30

No

Youth

50

No

Life Member

0

Yes

Note: the age base date is 1st of March of any membership year

Youth is age 8 to 18 years ►Senior citizen is 60 years and over

Youth Player ►Student – upon proof of status

Social

3.10 Membership shall not be transferable and shall cease on death. A member shall cease to be a member: - 3.10.1 on the expiry of at least seven clear days’ notice given by him or her to the Club of his or her intention to withdraw.

3.10.2 if any subscription or other sum payable by the member to the club is not paid on the due date and remains unpaid one month after notice served on the member by the Club informing him or her that he or she will be removed from membership if it is not paid. The Management Committee may re-admit to membership any person removed from membership on this ground on his or her payment.

3.10.3 A list of membership each category shall be maintained by the Treasurer and Secretary of the club.

3.11 Membership of Rose Green Sports and Leisure Limited

3.11.1 Any Full Member of the Club may apply to become a member of Rose green Sports and Leisure.

3.11.2 A member who ceases for any reason whatsoever to be a Full Member of Bristol West Indian Phoenix Cricket Club shall cease to be a Member of the Company.

4. Discipline and Appeals

4.1 The Management Committee may refuse membership, only for good cause such as conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal shall be made to the Committee who will appoint an Appeals Committee to hear the appeal.

4.2 The Management Committee may for good reason impose sanctions, including by unanimous vote the rescinding of membership, on any member after having conducted the following disciplinary process:

4.3 Upon receipt of a complaint, the Chair shall in the first Instance appoint a member of the Management Committee to conduct an informal grievance procedure.

4.3.1 Investigation to seek a satisfactory resolution of the problem within ten working days.

4.4 If the informal procedure does not resolve the problem and upon written receipt of a complaint by a named person, the Management Committee shall institute a formal internal inquiry and select appeal of 3 (three) voting members (other than members of the Management Committee) and in agreement with the complaint – only where practicable – to conduct the inquiry according to the principles of natural justice – within 10 working days.

4.5 Any member who is the subject of a complaint is entitled to be assisted at any hearing by a person of their choosing.

4.6 The internal inquiry shall report its findings to the Management Committee and, if unethical behaviour has occurred, the Management Committee shall decide upon fair and reasonable sanctions.

4.7 The complainant or the discipline member shall have the right of appeal to the Chairperson against the first decision.

4.8 The Chairperson, together with two other voting members (other than members of the Management Committee) appointed by the Chairperson, (in consultation with the complainant) shall conduct a full and fair appeals hearing. The decision of this appeals panel shall be final and binding – within 10 days working days.

5. Management Committee and Officials

5.1 The Officers of the club shall be as follows:

Chair

Vice Chair

Secretary

Assistant Secretary

Treasurer

Assistant Treasurer

Welfare Officer

Youth Co-ordinator

Club Captain

Fixture Secretary

Committee Member

Committee Member

5.2 Election of Officers

5.2.1 All Officers shall be elected at the Annual General Meeting of the club from, and by, the members of the club, except for the Club Captain who shall be elected by the Management Committee from potential candidates of the club. All Officers shall be elected for a period of one year, but shall be eligible for Re-election to the same office or to another office the following year.

5.3 Welfare Officer

5.3.1 The club will appoint a designated Child Welfare Officer who will have attended the Good Practice & Child Protection course run by the ECB.

5.4 Selection Committee

5.4.1 The selection committee will comprise of the captains of the First, Second and Third team and two other elected Non-Playing Members. All matters relating to Membership shall be confirmed by the Treasurer prior to the Selection Committee meeting.

5.5 Management Committee

5.5.1 The affairs of the club shall be conducted by a Management Committee (the Committee) comprising the Officers of the club and two other members elected from, and by, the Full Members of the club. Only these members of the committee shall be entitled to vote at Committee meetings. The Committee will be convened by the Secretary and shall meet at agreed intervals and not less than twelve times per year.

5.6 Quorum

5.6.1 No business shall be transacted at any meeting unless a quorum is present. At a Management Committee meeting, six Management Committee Members present and entitled to vote shall be a quorum.

6. Appointment to the Board of Director of Rose Green Sport & Leisure by Bristol West Indian Phoenix Cricket Club.

6.1 The Management Committee of the Club may, at any time, by resolution of that committee, appoint anyone person who is a Full Member of the Club to serve as a Director of the Company. Written notice of such resolution, signed by an officer of the Club, shall be delivered to the Company forthwith. The appointment shall take effect immediately upon such delivery.

6.2 The Management Committee of the Club may, at any time, remove the Director appointed by it pursuant to paragraph above and appoint a new Director in his or her place (provided always that any such new Director is a Full Member of the Club). Such removal and such appointment shall be by resolution of the said committee and written notice therefore, signed by an officer of the Club, shall be delivered to the Company forthwith. The removal and/or appointment shall take effect immediately upon such delivery.

7. Chairperson

7.1 The Chairperson appointed by the voting members, if any, or in his or her absence another Management Committee Member nominated by the Management Committee shall preside as chair of each Management Committee meeting and each general meeting.

7.2 Adjournment

7.2.1 The Chairperson may, with the consent of a meeting at which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than business which might properly have been transacted at the meeting had the adjournment not taken place.

8. The Duties of the Committee shall be:

8.1 To control the affairs of the club on behalf of the members.

8.2 To keep accurate accounts of the finances of the club on a monthly basis through the Treasurer. These should be available for reasonable inspection by members and should be audited before every Annual General Meeting.

8.3 The club shall maintain a bank current account and the following Officers shall be authorised to sign club cheques: any two from the Chair, Treasurer and Secretary (other Officers as appropriate).

8.4 To co-op additional members of the Committee as the Committee feel is necessary. Co-opted members shall not be entitled to vote on the Committee and shall serve until the end of the next Annual General meeting.

8.5 To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chair shall be entitled to an additional casting vote.

8.6 The Committee may elect a President and Vice President of the Club for such period as they think fit and shall determine their specific duties. The Committee may if wish revoke such appointments.

8.7 The Committee shall have powers to appoint sub-committees as necessary and to co-op advisers who may be non-club members invited to advice on specialist subjects.

8.8 An elected Committee member ceases to be such if he or she ceases to be a member of the club, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting their case to th Committee. Appeal against removal may be made to the Appeals Committee. The Committee shall fairly decide time limits and formalities for these steps.

9. The Committee has the power to:

9.1 Provide Coaching, Training, Medical Treatment and related Social and other facilities.

9.2 Take out any insurance for the Club, Employees, Contractors, Players, Guests and Third Parties.

9.3 Raise Funds by Appeals, Subscriptions, Loans and Charges.

9.4 Borrow money and give a security for the same, and open bank accounts.

9.5 Set aside funds for special purposes or as reserves.

9.6 Invest funds in any lawful manner.

9.7 Employ and engage staff and others and provide service.

9.8 Co-operate with or affiliate firstly to any bodies regulation or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies.

9.9 Do all other things reasonably necessary to advance the aims and objectives of the club.

9.9.1 None of the above powers may be used other than to advance the aims and objectives in a manner consistent with the Rules and the general law.

10. General Meetings

10.1 The Annual General Meeting of the club shall be held not later than the end of December each year. 21 clear days’ written notice of the Annual General Meeting shall be given to members by circulating a copy of the notice to every member at their home address and postings the notice on the club notice board. Members must advise the Secretary in writing of any other business to be moved at the Annual General Meeting at least 14 days before a meeting (Including Nominations). The Secretary shall circulate or give notice of the agenda for the meeting to members not less than 7 days before the meeting.

11. The Business of the Annual General Meeting shall be to:

11.1 Confirm the minutes of the previous Annual General Meeting and any General Meeting held since the last Annual General meeting.

11.2 Receive the audited accounts for the year from the Treasurer.

11.3 Receive the Annual Reports of the Committee from the Secretary.

11.4 Elect an Auditor

11.5 Elect the Officers of the Club and the Selection Committee.

11.6 Review Club Subscription Rates and agree them for the forthcoming year.

11.7 Transact such other business received in writing by the Secretary from members 14 days prior to the meeting and included on the agenda.

11.8 Nominations of candidates for election of Officers shall be made in writing to the Secretary at least 14 days in advance of the Annual General Meeting date. Nominations can only be made by Full Members and must be seconded by another Full Member.

11.9 Special General Meetings (EGM) may be convened by the Committee or on receipt by the Secretary of a request in writing from not less than 12 Full Members of the club. At least 14 days’ notice of the meeting shall be given.

11.10 At all General Meetings, the Chair will be taken by the Chair or, in their absence, by a deputy appointed by Full Members attending the meeting. Decisions made at a General Meeting shall be by a simple majority vote from those Full Members attending the meeting. In the event of equal votes the Chair of the meeting shall be entitled to an additional casting vote.

11.11 At a general meeting 20 voting members or 60% of voting members Present or by proxy whichever is the lesser and entitled to vote shall be a quorum.

11.12 If such a quorum is not present within three quarter of an hour from the time appointed for the meeting, the meeting shall stand adjourned to the same day in the next week at the same time and place or to such time and places the Management Committee may determine and if at the adjourned meeting a quorum is not present within three quarter of an hour from the time appointed for the meeting those present and entitled to vote shall be quorum.

11.13 Each Full Member of the Club shall be entitled to one vote at General Meetings.

12. Alterations to the Constitution

12.1 Any proposed alterations to the club Constitution may only be considered at an Annual or Special General Meeting (EGM), convened with the required written notice of the proposal. Any alteration or amendment must be proposed by a Full Member of the club and seconded by another Full Member. Such alterations shall be passed if supported by not less than two-thirds of those Full Voting Member present at the, assuming that a quorum has been achieved.

13. Finance

13.1 All Club monies shall be banked in an account in the name of the club.

13.2 The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position as required by the Committee.

13.3 The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club.

13.4 The financial year will end on 30th November of same year.

13.5 An audited account to be presented up to two weeks prior to the AGM to all members of the Committee and seven days to all full members.

13.6 The Treasurer will present an audited statement of annual accounts at the Annual General Meeting.

13.7 Any cheques drawn against club funds should hold the signatures of the Treasurer plus up to two Officers.

14. Property and Funds

14.1 The property and funds of the club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits shall be reinvested in the club.

14.2 The club may also in connection with the sports purposes of the club.

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

14.4 Liability incurred in the proper running of the club (but only to the extent of its assets). (b) Employ members and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present.

14.5 Pay for reasonable hospitality for visiting teams and guests.

14.6 Indemnify the Committee and members acting properly in the course of the running of the club against any liability incurred in the proper running of the club (but only to the extent its assets).

15. Dissolution

15.1 If at any General Meeting of the club, a resolution be passed calling for the dissolution of the club, the Secretary shall immediately convene a Special General Meeting (EGM) of the club to be held not less than one month thereafter to discuss and vote on the resolution.

15.2 If at that Special Meeting, the resolution is carried by at least two-thirds (three quarters) of the Full Voting Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the club and discharge all debts and liabilities of the club.

15.3 The Committee will then be responsible for the orderly winding up of the club’s affairs.

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

15.4.1 To another club with similar sports purposes which is a registered charity and/or to another club with similar sports purposes which is a registered Community Amateur Sports Club.

15.4.2 To the club’s governing body for use by them for related community sports.

Declaration

Bristol West Indian Phoenix Cricket Club hereby adopts and accepts this Constitution as a current operation guide regulating the actions of all members.