Carmel & District Cricket Club Constitution (last updated November 2016)
This constitution refers to the cricket section of Carmel & District Sports Club. Everything in this constitution refers to Carmel & District Cricket Club and hereafter shall be referred to as ‘the club’ in all instances unless otherwise stated.
The club shall be affiliated to the North Wales Cricket League (NWCL), Welsh Cricket Association (WCA), Cricket Board of Wales (CBW), Flintshire County Cricket Club (FCCC) and The England and Wales Cricket Board (ECB).
3. Aims and Objectives
3.1 To foster and promote the sport of cricket at amateur level within the community, and within the club, providing opportunities for recreation, coaching and competition.
3.2 To manage the Pen-y-Gelli Cricket Ground, St Asaph Road, Lloc, Flintshire, North Wales, CH8 8RF.
3.3 To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
3.4 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.
3.5 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.
3.6 To encourage all members to participate fully in the activities of the club.
3.7 To follow policies and procedures as stipulated by ECB Clubmark.
4.1 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.
4.2 The club may have different classes of membership and subscription on a non-discriminatory and fair basis. The club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
4.3 Application for membership of the club shall be by completion of a membership application form and by payment of the relevant subscription/joining fees as determined by the Annual General Meeting (AGM) of the club.
4.4 No person shall be eligible to take part in the business of the club, vote at the AGM, or be eligible for selection for any of the club’s teams unless the appropriate subscription has been paid by the specified date as defined in Section 6, or the club’s committee has agreed membership.
4.5 The club’s Senior Management Committee (SMC) may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal or removal may be made to the SMC who shall appoint an appeals sub-committee to hear the appeal. See section 19.
4.6 All members will be subject to the regulations of the constitution and by joining the club will be deemed to accept these regulations and any ECB Codes of Conduct that the club has adopted. The constitution shall identify those members eligible to vote at any general meetings.
5. Classes of Membership
5.1 There shall be four classes of membership available. These are:
i) Senior member
ii) Junior member
iii) Non-playing member
iv) Old Boys member
v) Honorary/Life member
5.2 Junior members are classified as those aged 16 years or under of age on August 31st of the preceding year.
5.3 A list of members in each category shall be maintained by the club’s membership secretary/treasurer.
5.4 All classes of membership have full voting rights at the club’s AGM with the exception of junior members who can nominate, in writing, two representatives eligible to vote on their behalf.
5.5 The term ‘member’ from this point forward will refer to a member eligible to vote unless otherwise stated.
6. Membership Fees
6.1 The club’s treasurer will be entrusted to recommend to the club’s SMC the annual membership fees and subscriptions for the following year before the AGM.
6.2 Membership fees vary according to the different classes of membership stated in section five of the constitution.
6.3 Fees can also vary between those members in full-time employment, members who are unemployed or in full-time education. However, this is done on a case-by-case basis and at the discretion of the club’s treasurer/membership secretary. In case of dispute this can be referred to the chairman and secretary.
6.3. A final decision on the class of membership of an individual will be made by the club’s treasurer/membership secretary. In case of dispute this will be referred to the chairman or secretary whose decision is final and binding.
6.4 Annual membership fees fall due on January 1st of each year and are payable to the club’s treasurer. All membership fees must be paid, in full, by May 31st each year without exception.
6.5 The club’s SMC can introduce other discretionary charges on the recommendation of the treasurer provided that the there is majority agreement.
6.6 Members will get a 10% discount on membership fees if they pay the full amount for the forthcoming year at the AGM.
6.7 Senior members that pay the full annual subscription fee only must do so by monthly direct debit/standing order. This is applicable to individuals who have been members of the club for two seasons. The club's treasurer has the right to waive this on a case-by-case basis.
7.1 The officers of the club shall be divided into three categories:
i) Senior Management Committee (SMC) Officers
ii) Deputy Committee (DC) Officers
iii) Honorary Officers
7.2 Senior Management Committee Officers
First XI Captain
Second XI Captain
Third XI Captain
Head of Youth Cricket
ECB Liaison Officer
Pavilion Facilities Manager
Officer Without Portfolio
7.3. Deputy Committee Officers
First XI Vice-captain
Second XI Vice-captain
Third XI Vice-captain
Friendly XI Captain
Midweek XI Captain
Old Boys XI Captain
Statistician & Historian
Head of Youth Coaching
Parent Liaison Officer
ECB Cricketforce Officer
Website IT Manager
Welsh Language Officer
7.4 Honorary Officers
Former Members Secretary
8. Responsibility of Officers
8.1. Each of the above officers will have specific responsibilities they are expected to undertake as part of their desire to hold the relevant position within the club.
8.2 A detailed description of what each elected role entails can be found in Appendix One of the club’s constitution.
8.3 The senior management committee retains the right to change the specific responsibilities of a role provided that majority agreement is reached and it is formally passed at the AGM.
9. Accountability of Officers
9.1 All elected and honorary officers are accountable to the SMC on matters related to the club.
9.2 The SMC are accountable to all of the club’s members and also to its affiliations listed in section two of the constitution.
9.3. All officers are accountable to UK law and the relevant authorities.
10. Election of Officers
10.1 All officers shall be elected at the AGM of the club from, and by, the members of the club. Honorary officers may be appointed by the SMC either from within the club or from outside at any time.
10.2 All officers shall be elected for a period of one year from the date of the AGM, but shall be eligible for re-election to the same office or to another office the following year.
10.3 If an officer’s position is unchallenged for re-election then they will remain in office for a subsequent year sine prole, and so forth, unless an objection is received in writing by the club’s secretary no later than 14 days before the AGM.
10.4 Additional details of the election process can be found in section 15 of the constitution concerning the AGM.
11. Departure from Office
11.1 An officer may resign from their position(s) at any time they wish by informing the club’s secretary in writing of their intention to do so.
11.2 If an officer wishes to leave a position they will be expected to serve a notice period of 28 days to give the club time to find a replacement unless there are extenuating circumstances which prevent them from doing this.
11.3 The club reserves the right to remove a person from office without notice in exceptional circumstances provided the decision to do so is unanimous among SMC and that the member concerned has been given the chance of putting their case. See also section 19.
11.4 Appeal against removal may be made to the Appeals Committee, which consists of the Chairperson and four club members selected at random. The SMC shall fairly decide time limits and formalities for these steps.
11.5 A departing officer is expected to provide appropriate assistance to their replacement to ensure a smooth transition and continuity for the club.
11.6 An elected SMC member ceases to be such if he or she ceases to be a member of the club.
12. Senior Management Committee
12.1 The affairs of the club shall be conducted by a Senior Management Committee (SMC) comprising the officers of the club as listed in section 7.2 on behalf of the members.
12.2 Only officers of the SMC shall be entitled to vote at committee meetings with the exception of the Chairperson who remains neutral. The Chairperson, however, has the casting vote in the event of an equal number of votes.
12.3 Additional Deputy Committee Officer(s) may be elected to the SMC provided there is unanimous agreement among the SMC.
12.4 SMC officer role(s) may be demoted to a Deputy Committee Officer status provided there is unanimous agreement among the SMC including the incumbent of the position.
12.5 The SMC will be convened by the club’s Secretary and they shall meet on a monthly basis unless otherwise agreed.
12.6 The quorum required for business to be agreed at SMC meetings shall be five present and eligible to vote.
12.7 The duties of the SMC shall be:
a) To control and manage the affairs of the club on behalf of the members.
b) To keep accurate accounts of the finances of the club through the Treasurer. These should be available for reasonable inspection by members and should be audited before every Annual General Meeting.
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.
d) To co-opt additional members of the club as the SMC feel is necessary to sustain the club’s existence.
e) To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chairperson will have a casting vote.
f) Appoint further DCOs and additional sub-committees as necessary and to co-opt advisers who may be non-club members invited to advise on specialist subjects at its discretion.
12.8 The SMC has the power to:
a) Acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities.
b) Provide coaching, training, medical treatment, and related social and other facilities.
c) Take out any insurance for club, employees, contractors, players, guests and third parties.
d) Raise funds by appeals, subscriptions, loans and charges.
e) Borrow money and give security for the same, and open bank accounts.
f) Buy, lease or licence property and sell, let or otherwise dispose of the same.
g) Make grants and loans and give guarantees and provide other benefits.
h) Set aside funds for special purposes or as reserves.
i) Invest funds in any lawful manner.
j) Employ (though not for playing) and engage staff and others and provide services.
k) Co-operate with, or affiliate: to i) any bodies regulating or organising the sport of cricket ii) any club or body involved with cricket iii) with government and related agencies.
l) Do all other things reasonably necessary to advance the aims and objectives of the club.
12.9 None of the above powers may be used other than to advance the aims and objectives in a manner consistent with the rules and UK law.
13. Restrictions on Officers
13.1 No officer may hold more than two SMC officer positions on a full-time basis.
13.2 In extenuating circumstances a SMC officer may hold more than two positions but only on a temporary basis and with the unanimous approval of the SMC.
13. An SMC officer may only hold a maximum of three additional DCO positions.
13.4 Irrespective of the number of positions held the constitution determines that a procedure of ‘one member, one vote’ will be enforced.
14. General Meetings
14.1 The Annual General Meeting (AGM) of the club shall be held not later than the end of November each year.
14.2 A period of 28 working days written notice of the AGM shall be given to members by circulating a copy of the notice to every member.
14.3 This notice will be made on the club’s website in the first instance. It will also be sent by electronic mail and in paper format by post to members without the technological means to receive e-mail.
14.4 Members must advise the Secretary in writing of any other business to be moved at the AGM at least 14 working days before a meeting.
14.5 The Secretary shall circulate or give notice of the agenda for the meeting to members not less than seven working days before the meeting. This shall be posted on the club’s website and sent by e-mail. Paper copies of the agenda will be available at the AGM and beforehand at the discretion of the Secretary.
14.6 The business of the AGM shall be to:
a) Confirm the minutes of the previous AGM and any General Meetings held since the last AGM.
b) Receive the audited accounts for the year from the Treasurer.
c) Receive the annual report of the SMC from the Secretary.
d) Elect an auditor.
e) Elect the officers of the club.
f) Review club subscription rates and agree them for the forthcoming year.
g) Transact such other business received in writing by the Secretary from members 14 working days prior to the meeting and included on the agenda.
h) Receive reports of senior and junior cricket.
14.7 An Extraordinary General Meetings (EGM) may be convened by the SMC or on receipt by the Secretary of a request in writing from not less than 10 members of the club. At least 21 working days notice of the meeting shall be given.
14.8 At all General Meetings, the chair will be taken by the Chairperson or, in their absence, by the Vice-Chairperson or by a member attending the meeting nominated by the SMC.
14.9 Decisions made at a General Meeting shall be by a simple majority vote from those members attending the meeting. In the event of equal votes, the Chairperson of the meeting shall have the casting vote.
14.10 A quorum for a General Meeting shall be six members including three SMC officers of which at least two must be the club’s Chairperson, Secretary and Treasurer.
15. Nomination and election procedures
15.1 Nominations of candidates for election of offices shall be made in writing to the Secretary at least 14 days in advance of the AGM date.
15.2 Nominations can only be made by members and require the support of two signatures, who must propose and second nominations and also be members.
15.3 Nominations can be sent by electronic mail. The proposer and seconder must also send confirmations of their support by electronic mail if this method is chosen.
15.4 Nominations by electronic mail will only be accepted if it sent from the address listed on the club’s membership database. A nomination will only be accepted by electronic mail if it is acknowledged by the club’s secretary.
15.5 Only members who attend the AGM in person will be eligible to vote.
15.6 Voting will take place by a secret ballot on individually numbered voting slips prepared by the club’s secretary.
15.7 The chairperson is neutral and not eligible to vote but will have the casting vote if the results of the vote are equal.
15.8 Two returning officers will be randomly selected from those present at the AGM to count and verify the votes.
16. Alterations to the Constitution
16.1 The constitution of the club shall be reviewed every three years.
16.2 Any proposed alterations to the club constitution may only be considered at an Annual or Extraordinary General Meeting, convened with the required written notice to the Secretary of the proposal as per previous motions.
16.3 Any alteration or amendment must be proposed by a member of the club and seconded by another member.
16.4 In the event of a proposal for amending the constitution being submitted, the Secretary will make special reference to it when informing the membership of the AGM.
16.5 Such alterations shall be passed if supported by not less than two-thirds of those voting members present at the meeting, assuming that a quorum has been achieved.
16.6 In the event of any question or matter arising which is not provided in the constitution, such question or matter shall be dealt with by the SMC whose decision shall be final.
17.1 All club monies shall be banked in an account in the name of the club.
17.2 The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position as required by the SMC.
17.3 The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club.
17.4 The financial year will end on 30th September.
17.5 The Treasurer will present an audited statement of annual accounts at the Annual General Meeting.
17.6 Any cheques drawn against club funds should hold the signatures of the Treasurer plus either the chairman or the secretary.
18. Property and Funds
18.1 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.
18.2 The club may also in connection with the sports purposes of the club:
(a) Sell and supply food, drink and related sports clothing and equipment.
(b) Employ members and remunerate them for providing goods and services, on fair terms set by the SMC without the person concerned being present.
(c) Pay for reasonable hospitality for visiting teams and guests.
(d) Indemnify the SMC 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 of its assets).
19. Discipline and Appeals
19.1 All complaints regarding the behaviour of members should be lodged in writing with the Secretary.
19.2 The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints within 14 working days of a complaint being lodged.
19.3 Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.
19.4 The SMC (or its sub-committee) has the power to take appropriate disciplinary action, including the termination of membership.
19.5 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within seven working days following the hearing.
19.6 There shall be a right of appeal to the SMC against either the finding or the sanction imposed or both following disciplinary action being taken which must be made within 14 days.
19.7 The SMC shall appoint an Appeals Committee which shall not include members involved with the initial disciplinary hearing and may also include non-members of the club.
19.8 The Appeals Committee shall consider the appeal within seven working days of the Secretary receiving the appeal.
19.10 The individual submitting the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses. The decision of the Appeals Committee shall be final and binding on all parties.
20.1 If at any General Meeting of the club, a resolution be passed calling for the dissolution of the club, the Secretary shall immediately convene an Extraordinary General Meeting (EGM) of the club to be held not less than one month thereafter to discuss and vote on the resolution.
20.2 If at that EGM, the resolution is carried by at least two-thirds of the full voting membership present at the meeting, the SMC 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.
20.3 The SMC will then be responsible for the orderly winding up of the club’s affairs.
20.4 After settling all liabilities of the club, the SMC shall dispose of the net assets remaining to one or more of the following:
i) To another club with similar sports purposes which is a registered charity.
ii) To another club with similar sports purposes which is a registered Community Amateur Sports Club.
ii) To the club’s governing body for use by them for related community sports.
Carmel & District Cricket Club hereby adopts and accepts this Constitution as a current operating guide regulating the actions of all members.