here is the Dunvant R.F.C. Club Constitution as amended at the A.G.M. on 30th July 2014
Dunvant Rugby Football Club
Y Clwb Rygbi Dyfnant
The Club shall be called Dunvant Rugby Football Club and its registered address shall be Dunvant Rugby Football Club House, Broadacre, Killay, Swansea, SA2 7RU…….Tel. No. 01792 296363.
All Correspondence pertaining to club business must be addressed to the Secretary at this address.
For the purpose of this constitution the Dunvant Rugby Football Club and its premises will be referred to as the “Club”. Unless specified, the term ‘Committee’ will refer to the’ Management’ Committee
The objective of the” Club” is the provision of facilities for the promotion of participation in playing and management of the game of Amateur Rugby Union Football, and other sports. It is also to encourage sportsmen and women of all abilities to participate in sport and social events.
The “Club” will be a member of the Welsh Rugby Union and any of it’s successors and shall be affiliated to the Swansea and District Rugby Union and Swansea and District Youth Rugby Union or any of their respective successors or any such other unions, leagues or sporting associations as the management committee shall determine, thereby encouraging young people to make use of the facilities of the club, and the development of sport and the game of rugby union in particular.
The “Club” will maintain and develop the land and facilities at Broadacre as a venue for playing sport and conducting other activities so as to provide the best possible facilities for Members and the Community.
Furthermore and in addition, it will be an aim to promote the “Club” as a centre of Community activity including sporting, cultural and social development.
The “Club” will operate an Equal Opportunities Policy, awarding equal rights regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs .in all spheres of it’s operations.
In accordance with legislation the club shall endeavour to operate with openness and transparency in line with legislation in effect in England and or Wales from time to time.
Club colours (3)
The Official colours of the Club shall be Emerald Green and Scarlet. (With allowance being made for ‘alternative’ kit colours.)
In the interest of corporate image, the kit worn by all players representing the Club shall be of the same corporate design. Any variance by any side representing ‘the Club’ will be only considered after written application to the committee by the management of the side concerned and only permitted following the written approval of the Management Committee.
The decision on the design of kit will be the responsibility of the Management Committee or a sub committee of the Club to whom this responsibility is delegated by the Management Committee.
Team Selection (4)
The selection of any team to represent the “Club” in such fixtures, as it shall from time to time fulfil, shall be made by a selection committee, the structure of which will be decided upon by the Management Committee of the “Club” at the beginning of each season.
Senior Club Coach (es) & Pre senior Director of Rugby (5)
Each year, for the forthcoming season, the committee or any sub-committee to which the Management Committee has delegated the relevant responsibility, shall appoint such club coaches, directors of rugby or playing support staff as the Committee or the relevant sub-committees shall deem appropriate.
(a)Membership of the “Club” shall be open to the whole community. Applications will be accepted, 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.
(b) 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.
(c) 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.
(d) All Coaches, Assistant Coaches, Managers, Referees,1st Aiders, Players and any other persons involved in the running of a team must be paid up members of the “Club”.
Voting on club matters (7)
Members with voting rights shall be all of the above with the exception of Honorary Members, Junior Members and Temporary members.
Family Membership will hold one vote per family membership.
At all forms of meetings the Chairperson will not have a general vote but will have the casting vote in the event of a tied vote.
Club Membership (8)
Candidates for Full or Junior membership should complete the Membership Application Form and submit it to Secretary or Assistant Treasurer of the Club with the appropriate membership fee.
All Coaches, Assistant Coaches, Managers, Referees, 1st Aiders, Players and any other person involved in the running of a team must be paid up members of the “Club”.
The applicant shall not be deemed elected unless approved by the majority of those present and voting at the next available management committee meeting held on receipt of the application.
Until a person is elected, they shall not be entitled to any of the privileges of a member of the “Club”.
The Management Committee shall have the power to propose honorary Life members without payment of any further subscription for outstanding service to the “Club”.
Life Members still have voting rights as specified in item (7) above.
Life Members must have been members of the “Club” for at least 10 years.
After a member has been proposed for this honour, it can only be bestowed at the behest of an Annual or Special General Meeting.
Temporary Members (10)
The Committee has the power to elect a person as a temporary member for a maximum period of eight weeks provided that the person has complied with procedure at rule 8 above. A temporary member cannot have the following full member rights:
1. Vote upon any question affecting the Club affairs at any General Meeting.
2. Be qualified to act as :
a) An officer of the Club
b) A Member of a Committee of the Club
Family Members (11)
Where appropriate Family Membership is available However, unlike Full or Life members who have one vote per member, those holding family memberships have one vote per family unit.
Definition: Two Adults and any number of non playing children (being 17yrs or under) sharing an address
(i) Candidates for admission to Junior Membership must not have attained the age of 18 years on the 1st September in the year in which he/she applies for Membership. This Membership shall automatically become Senior Membership after any such junior member attains the age of 18 years until the membership subscription is due for renewal
(ii) Junior members shall not be entitled:
(i) To be members of the General Committee.
(ii) To take part in convening any General Meeting.
(iii) To vote at any General meeting.
(iv) To receive any share of the property of the Club upon its dissolution.
(ii) Any Junior member will have the opportunity to become a Full member of the Club on payment of the full membership fee, and he/she will then enjoy all rights accredited to full members.
Notice of Membership (12)
The Assistant Treasurer shall give each Full, Junior or Temporary members written notice of his or her acceptance as a member, together with a copy of these rules subject to receipt of his/her subscription where there is a liability to pay the same.
If such payment is not made in two weeks from the date of the notice the election shall be void unless the Committee is satisfied with the explanation given.
In the case of a newly elected honorary Life member who is not liable to pay a subscription under Rule (9), he or she shall become a Life Member upon intimating his or her willingness to take up such membership subject to confirmation.
Officers of the Club (13)
The Officers of the Club shall be President, Chairperson, Vice Chair, Honorary Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and Fixture Secretary or such other officers as may be delegated by the Management Committee from time to time.
The Assistant Secretary and Assistant Treasurer being able to fulfil the role of the Hon. Secretary and Hon. Treasurer in their absence.
No person shall hold more than one Officers position in the club at any one time. (In the event of emergencies this rule can be suspended for a period when a ‘temporary appointed officer’, will fulfil that role, which shall be a non executive role until a AGM or SGM , whichever is the sooner, is held, when they shall stand down or seek re-election for one of the roles only. )
Club President (14)
A President to represent the “Club” shall be elected every two years. Should for whatever reason, a president decide to ‘stand down’ during the two year period between elections, then a Management Committee will be convened to elect a temporary replacement .The temporary appointed President will hold a non executive role until a AGM or SGM, whichever is the sooner, is held and at such a meeting the temporary President shall stand down or seek re-election for the position of President..
Vice Presidents (15)
The Committee has the power to appoint Vice Presidents upon their initially becoming full members and paying a subscription.
Management Committee (16)
The Club will be managed by the Management Committee, which shall comprise:
1. The elected Officers of the Club;
2. Not less than three and no more than five Full members elected to the Management Committee at the AGM or SGM;
3. Not more than six Full members co-opted on to the committee with the approval of Two thirds of the permanent elected members together with the elected officers.
A Committee member, permanent or co-opted, who fails to attend three consecutive scheduled meetings, will be required to resign unless a reasonable explanation is tendered.
Scheduled meetings of this Management Committee will be held on the 1st Monday of every month. Further meetings may be arranged as required and agreed by the Management Committee to expedite issues that arise.
Accurate minutes of the meeting and an agenda will normally be circulated 7 days prior to scheduled meetings.
Minutes or notes of sub-committee meetings will be posted in a prominent position in the Club/ Club website for the information of the members as soon as possible after each meeting.
The committee members and officers shall be elected at the AGM and are subject to any termination of office by resignation or otherwise and shall on retirement be eligible after a term of two years for re-election. Half of the committee positions will be put before the AGM for election every year, followed the next year by the second half whose position was not up for election to the committee the previous year.
Health and Safety (17)
The Committee will be responsible for the health and safety of the members, visitors and guests to the Club.
As food is supplied to the members and visitors to the “Club”, health and safety rules in relation to the supply of food will be complied with.
Notices in relation to health and safety will be displayed in a conspicuous position.
Such actions and decisions will be made within the Disciplinary Procedure (Addendum A)
The Committee shall have the power to request any member to resign or to determine his or her membership, who shall offend against the rules of the “Club” or whose conduct shall, in the opinion of the Committee, render him or her unfit for membership of the Club. No member shall be so requested without first having an opportunity of appearing before the Committee and answering the complaints made against them or unless two thirds of the Committee then present at a meeting of the Committee vote in favour of his or her resignation or determination of membership.
Any person whose membership is refused or terminated will have the right of appeal to members other than those involved in making the initial decision of refusal or removal from membership. The appeal must be made within 7 days of notification of the original decision and will be heard within 14 days of the date the appeal is made.
The Committee shall have the power to alter or amend the Rules but no such alteration shall take effect until the same has been confirmed at the AGM or SGM meeting convened for that purpose.
The Committee shall have the power to make, repeal and amend bye-laws for regulating the conduct and affairs of the Club, provided the same are not inconsistent with these rules. Such bye-laws shall be notified to the members and shall be binding on all members, until repealed or set aside by an AGM/SGM.
The Committee shall have the power to arrange for the holding of matches, tournaments, or other like competitions or events, including the imposition of a charge for admission of members and non-members to the Club and/or grounds and to provide cups and/or other prizes for competition and to reserve grounds as may be required on any occasion as the Committee in their discretion deem fit.
The Committee shall have the power to prohibit any games or events which in their opinion are unlawful or injurious to the interests of the Club.
The Committee or any sub-committee designated by the Committee, has the power to set and review the pricing scale for the use of any of the Club facilities for sporting or other events.
The Committee shall have the power to appoint any Full Member to fill any casual vacancy on the Committee until the next AGM. Any such member appointed shall retire at the next AGM but shall be eligible for election as a member of the Committee at such meetings.
Sub Committees (19)
The Management Committee can time from time appoint such sub-committees as necessary and delegate to them such powers as the Committee may determine but one member of each sub- committee must be an existing member of the Management Committee.
Such sub-committees shall periodically report their proceedings to the Management Committee, and shall conduct their business in accordance with the direction of the Management Committee.
Any motion passed by a sub-committee is subject to reconsideration or abrogation by the Management Committee. The power or authority of a sub-committee may be removed by the Management Committee at any time at their sole discretion.
There shall be a Rugby Committee to arrange fixtures, attend to the organisation and co-ordination of coaching, transport, first aid and refereeing.
It shall also decide as soon as possible on receipt of WRU or other governing body notice of disciplinary action, on the need and nature of appeals to be submitted to the WRU in the case of on field disciplinary matters. After such a decision, the result and reasoning of the decision will be placed before the Management Committee to allow time for appeal.
The membership of this sub-committee shall be determined by the Management Committee but shall include at least one member of the Management Committee.
There shall be a Financial Committee comprised of persons seconded to this committee with practical and lasting experience in the business world. The Financial Committee will advise the Management Committee on all financial and commercial matters and carry out financial negotiations on behalf of the “Club” (inc. Loans, sales and any financial business pertaining to the day to day running of the Club). This committee will have a representative of the Management Committee as part of every meeting. Any motion passed by this sub-committee is subject to reconsideration or abrogation by the Management Committee but in essence should be followed.
Bar and Catering Committee (20)
1. There shall be a sub-committee to be called the Bar and catering committee appointed annually by the Management Committee at the first meeting of the Management Committee after the AGM. The Bar and Catering Committee shall consist of not less than five Full Members, to be responsible for the purchase and provision of intoxicating liquor, food, tobacco and refreshments on behalf of club members and for rendering monthly statements of account of its transactions to the committee.
2. The Bar and catering committee shall appoint from amongst their members their own chairperson, and shall meet at least fortnightly and at such other times as its chair or a majority of the members so decide.
3. The management of the bar shall be committed to the attendant or member on duty from time to time appointed by the bar /catering committee.
4. The charges for refreshments shall be recommended by the Bar and Catering committee for consideration by the Management Committee.
5. This committee shall be responsible for Health and Safety matters pertaining to their remit.
Other Posts (non executive) (21)
Commercial Manager, Child & Vulnerable Person’s Safety Officer. Pre Senior Director of Rugby and other such other roles as the management Committee deem appropriate from time to time.
Trust Property and Trustees (22)
The property of the Club (other than cash which shall be under the control of the Hon. Treasurer) shall be vested in no less than two and not more than four trustees appointed for a term of five years and re-appointed after that date by election at the AGM.
Trustee definition – “a trustee is a party who is given legal responsibility to hold property in the best interest of or for the benefit of another”. (See Addendum B for fit and proper person.)
Trustees (working as a team with the Chair and other Committee members):
• Assist Dunvant RFC to have a clear vision, mission and strategic direction and hold the Management Committee accountable for achieving these;
• Take an overview of the fiscal performance of the “Club” and for its corporate behaviour;
• Advise the “The club” on matters of compliance with legal, regulatory and financial requirements and that corporate governance is of the highest standard; and
• Act as guardian of the assets of the “Club”, tangible and intangible.
They carry out these responsibilities through:
• Preparation for and full participation in commercial/ finance committee meetings (twelve per year);
Property and Funds
The Property of the Club (other than cash which shall be under the control of the Hon. Treasurer) shall be vested in no less than two and no more then four trustees.
1. The trustees shall hold such office appointed for a term of five years and be re-appointed after that date by election at the AGM. Or resignation or until removal from office by a resolution of the committee who may be a majority of them present and voting at a committee meeting properly convened in accordance with Rule (16 ) to remove any trustee or trustee from office of trustee for reasons of incapacity or inability to carryout the duties of a trustee.
2. If by reason of any such resignation or removal it shall appear necessary to the committee that a new trustee shall be appointed, the committee shall by resolution nominate the person or persons be appointed the new trustee or trustees.
3. For the purpose of giving effect to such nomination, the President is hereby nominated as the person to appoint new trustees of the club within the meaning of *Section 36 of the trustee act 1925 and he/she shall by deed duly appoint the person or persons so nominated by the committee as the new trustee or trustees of the Club if satisfied that the person or persons are fit to act and the provisions of the trustee act …. Shall apply to any such appointments.
4. The trustees shall be indemnified by the members of the “club’ against risk and expenses out of the club property as the result of their adopting any measures in the interests of the club.
5. 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 are reinvested in the club.
6 The Club may provide amateur sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
7. The Club may also in connection with the amateur sports purposes of the Club:
(a) sell and supply food, drink and related sports clothing and equipment;
(b) 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;
(c) pay for reasonable hospitality for visiting teams and guests;
(d) 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 of its assets).
(e) The Club is an amateur non profit making organisation and any surpluses shall be reinvested in the Club. No surpluses or assets will be distributed to members or third parties.
Investment and Banking
1. The Management Committee shall have the power to open current and deposit accounts with a bank in the name of the “Club”, all cheques drawn on such accounts being signed by any two of the following officers of the Club, namely:-
2. The Management Committee may invest money belonging to the “Club” as they think fit and may realise or vary such investment. Such investment, realisation or variation shall be made in the name of any two or more of the trustees of the “Club” or in the name of the Club bank as nominee.
The Management Committee shall have the power to mortgage, charge or enter into any agreement concerning the property and assets of the Club in order to borrow money for the affairs of the Club at anytime or from time to time, and at such rate of interest and in such form and manner and upon such security as the committee shall think fit, and the trustees shall at the direction of the Management Committee shall all such dispositions of the Club property and assets or any part thereof and enter into such agreements in relation thereto as the committee may deem proper for giving security for such loans and interest.
(a) The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.
(b) The Committee will then be responsible for the orderly winding up of the Club’s affairs.
(c) After settling all liabilities of the Club, the Committee 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 and/or
(ii) to another Club with similar sports purposes which is a registered CASC and/or
(iii) to the Sport’s governing body for use by them for related community sports.
Child & Vulnerable persons Safety Officer (CVSO) (23)
A person in the Club will be designated as the Children’s and Vulnerable Persons’ Safety Officer, This person will be responsible for the identifying & recording of all persons likely to come in to contact or control of persons under the age of eighteen years of age or otherwise designated as by act of law as Vulnerable,
This person is responsible for the submission of enhanced Criminal Record checks and examination and recording of such persons that have contact or control of children or otherwise designated vulnerable persons. I.e. Coaches, managers, persons providing first aid, transport etc.
The CVSO will provide or arrange to supply suitable training for the necessary members of the club to help them carry out their roles and comply with Child protection in sport recommendations.
Any allegations made must be in the first instance reported to the CVSO, who will take the appropriate actions.
Annual General Meetings (24)
The AGM will be held within two months of the financial year ending. Subscriptions for the following year will be due on the date of the AGM and all payments must be received within one calendar month of the AGM.
The only persons allowed access to the AGM and voting rights, will paid up members of the Club.
The AGM date and time will be publicised at least twenty one days in advance of the AGM with the Agenda. A yearly balance sheet will be available seven days before the AGM to members.
Person’s who neglect to pay following a written request, shall normally cease to be members of the “Club”.
The Management Committee shall be responsible for the setting, of entry costs etc.
The Management Committee will recommend the Full ‘Club’ membership subscription for consideration by the membership at the AGM.
The AGM will also deal with the following:
• Receive and if approved, adopt a statement of the “clubs” accounts to the end of the preceding financial year. For this purpose, the financial year end is the 31st of May of each year. The yearly balance sheet will be available to members 7 days prior to the AGM
• Consider and if agreed, sanction any proposals to alter or amend the constitution or rules of the “Club”.
• Appoint Officers or other members to the committee.
• Appoint an independent examiner to examine the accounts of the “Club”.
• Deal with any special matters arising which the Committee desire to bring to the notice of the members and vice versa.
• Members wishing to move a resolution at the AGM must submit it in writing to the Secretary at least fourteen days before the date of the meeting. Receipt of this will be acknowledged by the Secretary to the member in writing. This will then appear on the agenda available seven days prior to the AGM.
Nominations for Election
Nominations for election to the Committee and/or Officers positions should be received by the Hon. Secretary at least seven days prior to the General meeting.
Special General Meetings (25)
A Special General Meeting may be convened at any time by the Committee and shall be convened within twenty one days of receipt of a request in writing, signed by not less than ten ordinary members, specifying the object of the meeting for any of the following purposes:
1. To consider and if approved sanction any duly made alteration to the rules.
2. To deal with any special matter which the Committee may desire to place before the members, including the expulsion of a member under rule (18)
3. To receive the resignation of the Management Committee or to remove any member or members thereof from office, and to fill any vacancy or vacancies caused thereby.
4. To deal with any special matter which such Full members requiring the meeting may desire to place before the Club.
Chair of Meetings (26)
At committee meetings and at General Meetings, a chairperson shall be elected to take the chair and they shall have the casting or additional vote in the event of an equality of votes.
At all forms of meetings, the chairperson will not have a general vote but will have the casting vote in the event of a tied vote.
At Management Committee meetings, seven shall form a quorum
• At General Meetings, fifteen shall form a quorum
Payment of Members (28)
No member, normally except for professional services rendered at the request of the Management Committee (properly recorded in the minutes), shall receive any profit from the funds of the club.
Club Employee’s (29)
The Club Employee’s shall act under orders of the Committee only and no member shall reprimand a club employee.
If a member has any cause of complaint he or she shall bring the same before the Committee in writing.
Club Property (30)
No member shall take away or permit to be taken away from the clubhouse or grounds under any pretence whatsoever or shall injure or destroy any equipment, newspaper, pamphlet, book or any other article or item that is the property of the club.
Any member breaking or damaging any furniture or property whether deliberately or by a reckless act shall pay for the same. Such sum not exceeding the value of the articles damaged or broken as the management committee think is proper.
The Committee will ensure the “Club” will act within the permitted hours as directed by the current license. Alcohol cannot be purchased or served to persons under the age of 18 yrs
Power to vary Rules (33)
These rules may be added to, repealed and amended at any AGM or SGM called for that purpose, provided that no such resolution is passed unless it can be carried by a majority of at least two-thirds of the eligible & present members voting thereon.
The Trustees and members of the Management Committee shall have a right of indemnity against reimbursement out of funds and property of the Club in respect of any claim brought against them with regard to acts done or omitted in their respective capacity, so long as those acts or omission were within the scope of their authority
W.R.U. Compliance (35)
(i)Dunvant Rugby Football Club will not pay or permit players to be paid (either directly or indirectly such as a sponsor or a third party connected to the Club) for playing for the Club It is understood that the Club may pay coaches for providing Coaching services to the Club but that the Club may not pay more than 2 properly qualified coaches who also play for the Club in a season. Any such player/coach may not receive any payment for playing for the Club.’
(i)In the event that the Club is awarded a W.R.U. ‘A’ Licence then the clause 35(i) shall not apply.
Where there is any conflict between any 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.)