Demons Softball Club Upper Hutt Incorporated
CONSTITUTION AND RULESThe name of the Club shall be the DEMONS SOFTBALL CLUB Upper Hutt Incorporated hereinafterReferred to as the “The Club”. Its headquarters shall be in Upper Hutt where all Meetings shall be held.
The objects of the club shall be:-• To foster and encourage the playing of softball• To provide means of management and control of the club• To consider and discuss all questions affecting the interest of the Club and members of the Club• To foster and encourage the playing of any other sporting activity which can, in the opinion of the Management Committee, be conveniently carried on in conjunction with the other objects of the club• To purchase, take upon, lease, hire or otherwise acquire and hold, real and personal property, rights and privileges which the club may deem necessary or convenient to any of the foregoing objects• To construct, maintain and alter any buildings or works necessary or convenient to the attainment of any of the foregoing objects• To sell, lease, mortgage, change or otherwise dispose of any property of the club and to grant such rights and privileges there over as the club may from time to time think necessary and proper• To borrow money by way of bank overdraft or otherwise to give such security over all and any of the assets and property of the club as is deemed necessary and proper• To invest the funds of the Club upon such securities and in such manner as deemed necessary and proper by the Management Committee• To raise money by subscription or any other means and to grant rights and privileges to subscribers• To do all such things as are incidental or conducive to the attainment of the above objects, or any of them
Membership of the Club shall consist of:-
• Life Members
• Honorary Members
3. LIFE MEMBERSHIP
Life Membership may be conferred on any person in recognition of special services to the Club. Life Members may be elected at any formal Club Meeting. Each nominee shall be proposed by at least two members and the nomination shall be delivered to the Secretary not later than seven days before the date of the holding of the Club Meeting. All nominations shall be on the recommendation of the Management Committee. Before such nominee shall be elected a Life Member, he or she must receive a majority of at least four fiths of the votes of those members who are present at the Meeting and entitled to vote upon such nomination.A Life Member shall upon election, be entitled to all rights and privileges of full Membership without payment of an annual subscription or any special payment for such Membership.
4. PLAYING MEMBERSHIP
A playing member shall be entitled to represent the Club in any team engaged in the game of Softball for which he/she may be selected and to all rights and privileges of the club. He/she shall also become subject to the rules and regulations of the Club.The annual subscription payable by playing members shall be set from time to time by the management committee, which the member is expected to pay by due date.Playing membership of the Club shall cease on either of the following methods(a) By resignation(b) By dismissal, A playing member may, providing that all dues and arrears are paid up at the date of the holding of the next Annual General Meeting and been acknowledged by the Club, resign there membership by giving seven days’ notice.
A player member shall be liable to dismissal from the Club should he/she infringe any rule or regulation of the Club, or neglect or refuse to pay monies or dues owing to the Club, or for misconduct, or for any other good reason
5. HONORARY MEMBERSHIP
Honorary Membership may be conferred on any person on the payment of an annual subscription determined by the Management Committee.
The privileges of an Honorary Member shall be -• To speak at any General Meeting of Members of the Club • To vote on any motions presented at any General Meeting of members of the club• To be eligible for election to the Management Committee of the ClubThe privileges of an Honorary Member shall exist to and including the date of the next Annual General Meeting of members of the Club, when upon membership shall cease, but may be renewed on payment of a further annual subscription
6. MEMBERSHIP GENERAL
Any member shall be liable to dismissal from the club should he/she infringe any Rule or Regulation of the club or neglect or refuse to pay monies or dues owing to the club, or for any other good reason.
Any breach of club rule or policy shall be reported in writing to the Secretary of the Club whose duty it shall be to call a meeting of the Management Committee within seven days of the receipt of such reports. The Committee, after consideration of the matter may at its discretion call on the member to resign or dismiss or otherwise deal with the matter as it thinks fit. A motion of dismissal must have four fifths of the votes of the Committee Members.
No person shall use or permit to be used the Club name or associate any team of the Club with any activity for any reason without permission of the Management Committee. No person or team may be permitted to raise monies in the Club’s name without permission of the Management Committee.
7. ANNUAL GENERAL MEETING
a) The annual General Meeting of the Club shall be held not earlier than 1st July and not later that 1st October in each year at such place as the Management committee may determine. Notice of such meetings and a copy of the Annual Report and Statement of accounts made available by the Secretary to each member not later than seven days before the date appointed for the holding of the meeting.
b) Seven members present at an Annual General Meeting shall constitute a quorum.
8. ELECTION OF OFFICERS
At the Annual General meeting all offices shall be declared vacant and the election of officers for the ensuring year will take place in the customary manner.
• All nominations must have a Mover and must be Seconded by a least one other Member• Where only one Nomination is received for a position at the time of the Annual General Meeting the nomination will be elected
9. OFFICERS OF THE CLUB
The Officers of the Club shall consist of an Executive Committee consisting of -(a) President(b) Secretary (c) Treasurer (d) Volunteer Coordinator(e) Management Committee (not more than 7)
Also a Vice President may be nominated and elected at the Annual General Meeting or any subsequent Management Committee meeting.
(a) The Management Committee may elect from its members, a deputy who will take over the functions of the President in the event of absence(b) The Management Committee shall elect delegates to Hutt Valley Softball association Annual General Meetings and Committee’s when requested.(c) The Management Committee shall elect as many sub committees it deems necessary
10. DUTIES OF OFFICERS
At all meetings the chair shall be taken by the President or in the event of his absence by the deputy, in the event of the absence of both, a Chairman shall be elected from those present. They shall preserve order and decorum during such meetings. They shall have a casting as well as a deliberative vote.
The Secretary shall attend and record the minutes of the proceedings of all meeting of the Club and of the Management committee, and shall conduct the general correspondence of the Club. They shall keep a register of members and otherwise fulfil other duties pertaining to his/her office.
The Treasurer shall attend all meeting of the Club and of the Management Committee and shall collect and properly account for all subscriptions and other monies of the Club, and pay all accounts under authority of the committee.They shall keep an account of the income and expenditure of the Club and shall keep “the account book”, regularly and properly written up. So as to enable him/her to prepare a statement of income and expenditure of the Club and a balance sheet for presentation to the Annual General Meeting or at any time as may be required.
The Volunteer coordinator shall attend all meeting of the Club and of the Management Committee and shall assess the human resources needed for the club for its general running and events. Organise the orientation and induction of volunteers. Identify and organize the training opportunities for club volunteers, team coaches, and managers. Ensure volunteers are valued and recognized for their contributions
The Management Committee shall have power to appoint a member of the Club to fill any vacancy in any office until the next Annual General Meeting. At a Management Committee meeting four persons shall form a quorum. Management Committee role is manage the club operations.
Subscriptions shall be determined by the incoming Committee.
12. UNFINANCIAL MEMBERS
Any player not having paid the balance of his or her subscription by the first playing Saturday of January of the current season shall be termed un-financial, and may be subject to an additional fine on top of their outstanding dues, this will be at the discretion of the Management Committee.
13. FUNDS AND ACCOUNTS
The General Funds of the Club shall be lodged at a Bank to an account in the name“DEMONS SOFTBALL CLUB ”. All payments from the account shall be made by cheque, signed by two of the three Treasurer, Secretary and President or by Clubs online Banking facility with appropriate checks in place.
a) The Management Committee shall have the power to expand the funds of the Club in such a manner as it thinks conducive to the proper working of the Club affairs and in accordance with the Rules and Objects of the club. Any surplus funds belonging to the Club may be transferred to any account or invested in fixed deposit in any Bank with in New Zealand, at the discretion of the Management committee. Such surplus funds shall be invested in the name of the DEMONS SOFTBALL CLUB. The Management committee shall have the power to appoint two or more Trustees, one of whom shall be the Treasurer, in respect of any funds invested under the provisions of the rule.
b) The accounts of the Club shall be made up to the 31 June: In each year The Treasurer shall prepare a statement of income and expenditure up to this date for the previous 12 months and a balance sheet of the Assets and liabilities of the club as at the date if necessary, such statement and balance sheet may be subject to any financial review as determined by the Management Committee. These will be made available to members at the next Annual General Meeting.
C) No team shall operate any Bank account on their behalf without approval from the Management Committee. Any approval given must be on the condition laid down by the Management Committee.
14. WINDING UP
The affairs of the Club may be wound up voluntarily subject to the following conditions:-
a) Such winding up shall be effected only upon a resolution made and passed by a majority of those members who are present in person at a Special General Meeting of the club, duly called in accordance with the provisions contained in these rules, which resolution shall be confirmed by a like majority of the members who are present in person at a subsequent Special General Meeting and held not earlier than thirty days after the date of the meeting at which such resolution was first passed.
b) For the purpose of winding up the affairs of the Club, there shall be appointed by the meeting such person or persons as it is thought fit to act as liquidator or liquidators and his or their remuneration may be fixed by the meeting.
c) The winding up of the affairs of the Club shall be deemed to commence from the date on which the Resolution confining such winding up is passed, and from that date the Club shall cease to carry out its objects except in so far as is necessary for the purpose of winding up.e) The resolution for the winding up of the Club may direct the disposition of the funds and property of the clubd) Upon the winding up of the club all monies and assets of the Club shall be given to a National charity.
15. COMMON SEAL
The Committee shall provide a common seal for the Society and may from time to time replace it with a new one.
The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee. Every document to which the common seal is affixed shall be signed by the President and countersigned by the Secretary or a member of the Committee.
16. ALTERING THE RULES \ BYLAWS
The rules may be altered or replaced by resolution at a General Meeting that is passed by a four fiths majority of those members present and voting.
Any proposed motion to amend or replace these Rules shall be signed by at least 80 % of eligible Members and given in writing to the Secretary at least 28 days before the General Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.
At least 14 days before the General Meeting at which any Rule change is to be considered the Secretary shall give to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has.
When a Rule change is approved by a General Meeting no Rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies.
The Committee may from time-to-time make, alter or rescind bylaws for the general management of the society, so long as these are not repugnant to the the rules or to the provisions of law. All such bylaws shall be binding on members of the Society. A copy of the bylaws for the time being, shall be available for inspection by any member on request to the Secretary.