Constitution of the Kingsford Apaches

Last updated 02 September 2016 from AGM held 20 August 2016

1. Name
2. Interpretation
3. Objects and Powers
4. Membership
5. Office Bearers
6. Committee
7. Executive
8. Finance and Property
9. Duties of the Secretary
10. Duties of the Treasurer
11. General Meetings
12. Alterations to the Constitution
13. Dissolution of the Club

1. Name

The name of the club shall be "Kingsford Apaches Cricket Club" ("the Club"). The Club refers to the summer cricket team(s) and the winter cricket team(s) known by whatever name deemed appropriate by the Club.

2. Interpretation

In this Constitution, and in all Club By-Laws made hereunder the following words and expressions shall have the meanings hereby assigned to them (except where or to the extent that a contrary indication appears), that is to say:

  1. "Sports Associations" shall mean "The Moore Park & South Eastern District Cricket Association" or "The Sydney Morning Cricket Association" or other cricketing Associations and/or governing bodies as determined by the Executive of the Club
  2. "Club" shall mean the Club as constituted under this Constitution.
  3. "Committee" shall mean the Committee of the Club as constituted under this Constitution (see Clause 6).
  4. "Executive" shall mean the Executive of the Club as constituted under this Constitution (see Clause 7).

3. Objects and Powers

  1. The objects of the Club shall be to encourage, establish, foster, promote, develop, extend, and control the sport and/or recreation of Cricket on an amateur basis.
  2. The Club shall have the power only to carry out the objects of this Constitution in such a way as provided for by the Constitution and By-Laws of the Sports Associations.

4. Membership

  1. All persons shall be eligible for membership of the Club.
  2. A member shall be defined as a person who is financial with the club and has given notification to the club captain that they wish to join.
  3. A Playing Member shall be someone who has paid their allotted seasonal fees to the club or some part there of as a deposit (with the approval of the Treasurer) PRIOR to the start of the season.
  4. A Financial Member shall be a person who has paid fees to The Club in the last five (5) years. Playing Members shall be considered above Financial Members for selection in Club activities.
  5. Only Financial Members (including Playing Members) may participate in Club activities.
  6. The Committee (or, in cases of urgency, the Executive) may suspend any member or members proved to its satisfaction to have been guilty of any conduct prejudicial to the interests of the Club. During such suspension the suspended member shall not be entitled to any of the rights or privileges attaching to membership.
  7. Membership rights shall cease upon receipt by the Club Captain of a written resignation.
  8. The Club reserves the right to refuse membership or annul the membership of any person they deem to be detrimental to the club. Such a refusal or dismissal may only be endorsed by a unanimous motion passed by the Executive.
  9. Lifetime Membership
    A person who has been:
    1. An active Playing Member for a total period of the (10) years, elected by a majority of attending members at an Annual General Meeting;
    2. A Financial Member for a total period of twelve (12) years, elected by a majority of attending members at an Annual General Meeting; or
    3. By unanimous vote by any General Meeting of the Club at any stage
    may be appointed a Life Member of the club, provided they have been nominated in writing 14 days prior to any General Meeting to the Club Secretary, and then been elected as per above. A Life Member is always considered to be a Financial Member of the Club, with all rights and privileges associated with this status, and is recorded as a Life Member on official Club records.

5. Office Bearers

  1. All office bearers shall be members of the Club, except that the Patron need not be a member. Any person elected or appointed under this Clause shall, subject to the Constitution, hold office until a successor has been elected.
  2. The office bearers of the Club shall be elected at every Annual General Meeting of the Club and the voting shall be in accordance with Clause 11(f).
  3. The office bearers SHALL include:
    a Club Captain / President
    a Secretary
    a Treasurer
    1 Team Captain per grade that is being fielded
  4. The office bearers MAY include:
    A Patron and up to six ordinary Committee Members to be given specific duties, as defined by the Executive as required.
  5. A Special General Meeting may, by resolution of the three-fourths (3/4) of the members present and eligible to vote, remove any office bearers from office before an Annual General Meeting.
  6. Office bearers shall hold office until the following elections at which they shall not be disqualified as candidates by reason only of previous office.
  7. No person may hold more than 1 position in the Committee at one time. An exception to this MAY be granted by the Club Captain to allow a person hold a Committee position and team captain position at the same time.

6. Committee

  1. The control and management of the Club shall be vested in a Committee consisting of the President, Secretary, Treasurer, and the ordinary Committee member(s).
  2. The President shall be chairperson of all meetings of the Committee. In the absence or unwillingness of the President to act, the Committee shall choose a chairperson from its own numbers. The Secretary will maintain minutes of the meeting and they will be ratified at the next meeting by the chairperson as being a true and correct record of the meeting.
  3. Every matter submitted to the Committee shall be decided by a simple majority of the votes of the Committee members present. Every member of the Committee shall be entitled to one (1) vote except that in the case of an equality of votes the chairperson shall have a casting vote in addition to the vote to which the chairperson is entitled as a member of the Committee. All voting shall be by show of hands unless the meeting decided otherwise.
  4. A quorum of the Committee shall be four (4). If a quorum is not achieved within fifteen (15) minutes from the notified time of the meeting, the meeting shall be postponed to a date to be fixed by the Executive.
  5. The Committee, notwithstanding any vacancy thereon, may proceed to the despatch of business at any properly constituted meeting.
  6. At least three (3) clear days' notice in writing of each meeting of the Committee shall be given to each member thereof.
  7. The Committee may declare vacant the place of any member who has been absent from more than three (3) meeting of the Committee without the leave of the Committee.
  8. The Committee may appoint such a delegate or delegates to represent the Club as may be required, with such powers as it may think fit. Each delegate of the Club shall submit to the following meeting of the Committee, a report on each meeting which the delegate was eligible to attend.
  9. The Committee may appoint from its own number or from outside its number, sub-Committees for any purpose whatsoever which from time to time the Committee thinks desirable and may delegate to such sub-Committees such powers as the Committee thinks fit.
  10. The Committee shall have power to make, alter, and repeal Club By-Laws, provided always that they are consistent with this Constitution and the Constitution and By-Laws of the Sports Associations. Notice of any proposal to make, alter, or repeal any such Club By-Law shall be given to the Secretary of the Club not less than seven (7) clear days before the meeting of the Committee at which it is intended to present such a proposal.
  11. Every resolution of the Committee shall be binding upon all members of the Club.
  12. Subject to this Constitution, the Committee shall have power to do all such acts and things as may be incidental or conducive to the attainment of any of the objects of the Club.
  13. The Committee, at any time, may elect additional members from among the Club members to the Committee to bring it up to its maximum or to fill any vacancy.

7. Executive

  1. The Executive shall consist of the President, Secretary and Treasurer and the individual team captains
  2. The Executive may act for the Committee provided that it submits its decision for ratification at the next meeting of the Committee.
  3. The Committee, at any time, may elect additional members from its numbers to the Executive to bring it up to its maximum or to fill any vacancy.

8. Finance and Property

  1. Any two of the President, the Treasurer and the Secretary shall sign and endorse on the Club's behalf, contracts, receipts, acceptances, cheques, and postal notes and other documents.
  2. All assets and property of the Club shall be vested in the Committee.
  3. The income and property of the Club, howsoever derived, shall be applied solely towards the promotion of the objects of the Club as set out in this Constitution. No claim shall be made on the property and income of the Club by any member, previous member, or any person claiming through them, provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member or any other person in return for any services actually rendered to the Club or prevent the repayment of, or the payment of interest on money borrowed from any member for any of the purposes of the Club.

9. Duties of the Secretary

The Secretary shall:

  1. keep a true and correct written record of the business transacted at Committee and General Meetings;
  2. keep and permit any member of the Club to peruse a copy of the Constitution and all Club By-Laws made there under for the time being in force;
  3. keep a list of names and addresses of all members of the Club;
  4. present a report to the Annual General Meeting, and perform all secretarial duties required by a General Meeting, the Committee, or the Executive;

10. Duties of the Treasurer

The Treasurer shall:

  1. receive and disburse the monies of the Club as authorised by a General Meeting, the Committee or the Executive;
  2. keep correct account of all such transactions, lodge in approved financial institution(s) all monies received, and present to each meeting of the Committee an up-to-date financial statement;
  3. present a report and financial statement to the Annual General Meeting;

11. General Meetings

  1. The Committee shall summon an Annual General Meeting of all members of the Club once in every calendar year.
  2. The business of an Annual General Meeting shall be to receive and consider the Annual Report and financial statement, to elect office bearers, and to transact any other business which under this Constitution may be transacted by Club at a meeting of the Committee.
  3. A Special General Meeting of the Club may be called by the Committee. At least ten (10) members or one-quarter (1/4) of the total membership of the Club (whichever is the less) may submit to the Secretary a request in writing for a Special General Meeting, provided that such request state the object of the meeting. On receipt of such request the Honorary Secretary shall, within fourteen (14) days and in accordance with (e), call a Special General Meeting.
  4. The President shall be chairperson at all General Meetings of the club. In the absence or unwillingness of the President to act, the members of the Club present shall choose a chairperson from among their number. The Secretary will maintain minutes of the meeting and they will be ratified at the next meeting by the chairperson as being a true and correct record of the meeting.
  5. Members of the Club only shall be eligible to vote at General Meetings of the Club. All matters being voted on at a General Meeting shall be decided by a simple majority of votes of member present. In the event of an equal number of votes being recorded the chairperson shall have a casting vote in addition to the vote to which the chairperson is entitled as member. All voting shall be by show of hands unless the meeting decides otherwise.
  6. A quorum for any General Meeting shall be 10 members or one-quarter (1/4) of the total membership of the Club (whichever is the less). If a quorum is not achieved within thirty (30) minutes from the notified time of the meeting, the meeting shall be postponed for at least seven (7) and no more than twenty-one (21) clear days. Due notice of at least five (5) clear days having been given, the postponed meeting shall then be held, and, irrespective of the number of members present, the meeting shall be empowered to transact legally the business for which the General Meeting was called.
  7. Every resolution passed at any General Meeting of the Club shall be binding on all members thereof, whether present there or not.

12. Alterations to the Constitution

  1. Notice of motions to amend this Constitution shall be given to the Secretary in writing or by the Committee in meeting at least fourteen (14) clear days prior to the General Meeting at which the proposed amendment or amendments are to be put and the meeting shall be convened in accordance with Clause 11.
  2. No alteration in, addition to, or deletion from the Constitution shall be made except by a vote of at least two-thirds (2/3) of those present and entitled to vote at a duly convened General Meeting.

13. Dissolution of the Club

  1. Notice of motion to dissolve the Club shall be given to the Secretary by at least one-quarter (1/4) of the members of the Club in writing not less than fourteen (14) clear days prior to a General Meeting which shall be convened with the item "Dissolve the Club" the only item on the agenda. Provided that such General Meeting meets the requirements of Clause 11 and the motion of dissolution is agreed to by at least two-thirds (2/3) of those present and entitled to vote.
  2. If on the dissolution of the Club there remain after the satisfaction of all its debts and liabilities, any monies or properties whatsoever, they shall be disposed of in a manner decided upon at the final meeting. The monies may not be distributed to its members and instead should be donated to the association, another team or to a worthy charity.