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Constitution |
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The Constitution and Rules of PETERSFIELD TOWN FOOTBALL CLUB (an unincorporated association) Definitions In the Constitution and Rules below the following terms shall have the following meanings: "Club” shall mean Petersfield Town Football Club "Club Premises” shall mean the Clubhouse and enclosed football ground and at football matches the Clubhouse only. “Committee Members” shall mean the Officers of the Club and the other Full Members elected at the Annual General Meeting of the Club to serve on the Management Committee. “Council Representative” shall mean the person nominated by Petersfield Town Council from time to time to serve on the Management Committee. “Full Members” shall mean those members of the Club elected to full membership and who shall enjoy the full use of the Club facilities and (except in the case of New Members) full voting rights at general meetings of the Club. “Honorary Members” shall mean those persons who in the opinion of the Management Committee have given special service to the Club and who shall be approved from time to time for either annual or life honorary membership of the Club by the Management Committee. “Management Committee” shall include the four Officers of the Club plus a maximum of eight other Full Members elected to the Management Committee at an Annual General Meeting of the Club and a non-elected Member who need not be a Member of the Club but who shall be a serving Councillor of Petersfield Town Council and who shall be nominated by the Council from time to time to serve on the Management Committee as a representative of the Council. “Member” shall include all Officers of the Club, Committee Members, Full Members, Players, Social and Temporary Members. “New Member” shall mean a Full Member whose duration of full membership of the Club shall not exceed three (3) months. “Officer” shall include the Chairman, Vice Chairman, Secretary and Treasurer of the Club. “Players” shall mean those persons registered with the Club who shall be Members of the Club and who shall enjoy full voting rights at general meetings of the Club after three (3) months membership. A player’s membership may be cancelled at the discretion of the Management Committee. “Regulations” shall mean regulations relating to the use of the Club premises bar opening times dress code or other matters incidental to the proper management of the Club from time to time approved at the discretion of the Management Committee. All Regulations shall be displayed on the notice board in the Club House and all members shall be deemed to have notice thereof forty-eight (48) hours after the date such Regulations are first displayed. All Regulations shall have the same force and effect as these Rules. “Rules” shall mean the Constitution and Rules of Petersfield Town Football Club embodied within this document. “Social Members” shall enjoy full use of the Club facilities but shall enjoy no voting rights and are ineligible for election to the Management Committee. “Temporary Members” may be admitted to the Club and may enjoy the full use of the Club’s facilities after due nomination by the Chairman or Vice Chairman and two Committee Members. The names of the Temporary Members will be displayed on the notice board in the Clubhouse at least forty-eight (48) hours before admission. The period of temporary membership will be decided on nomination and approval by the Management Committee and in no circumstances shall exceed one (1) month. Temporary Members shall enjoy no voting rights. “Trustees” shall mean those persons elected at a general meeting of the Club and in whom all the property of the Club whether real or personal shall be vested and who shall hold the same upon trust for the Club and for furthering the objects of the Club. Objects and General1) The objects of the Club are promoting association football and other social activities and to raise money for the benefit of the Club. 2) The Club shall be affiliated to the Hampshire County and/or other relevant football association. 3) The Club’s address for correspondance will be that of the Secretary of the Club although other Members may use their own address for Club business where sanctioned by the Management Committee. Management Committee4) The administration of the Club shall be the responsibility of the Management Committee. Any five (5) Committee Members, including at least one Officer shall constitute a quorum of the Management Committee. 5) The members of the Management Committee (other than Council Representatives) shall be elected annually at the Annual General Meeting of the Club. Nominations may be accepted from the floor during the Annual General Meeting in addition to any received in advance. All nominations require a proposer and seconder who shall be Full Members. Committee Members may resign by giving one week's notice to the Secretary and all shall retire (other than the Council Representative) but may offer themselves for re-election at Annual General Meetings of the Club. 6) Nominations to serve on the Management Committee after the Annual General Meeting will be accepted to go before the Management Committee at the discretion of the Management Committee PROVIDED THAT the Management Committee shall at all times comprise of at least eight-thirteenths of its membership elected in accordance with Rule 6. 7) Any casual vacancy on the Management Committee arising between Annual General Meeting may be filled by the Management Committee. 8) Committee Members will attend every possible meeting of the Management Committee and in any event shall not miss more than three (3) consecutive meetings without good reason. Apologies in their absence should be given in advance to the Club Secretary wherever possible. Consistence non-compliance with this Rule (except in the case of the Council Representative) will constitute automatic resignation of a Committee Member as a full member of the Committee. The Chairman of the Club shall have full discretion to grant any waiver of this Rule. 9) The Management Committee has full authority to manage the Club and Club premises and has power to delegate part of its functions to sub-committees if in the discretion of the Management Committee it shall be deemed necessary to so delegate for the smooth administration of the Club. 10) The Management Committee will meet regularly and normally not less than once in every two (2) weeks. More frequent meetings may be called as required. Committee Members will be notified of meetings by the Secretary of the Club. In addition the Chairman of the Club may at his discretion call meetings of the Officers to discuss policy matters before such matters are put before the Management Committee. No decision will be binding on the Club or its Members until approved by a meeting of the Management Committee at which a quorum shall be present. Decisions at meetings at the Management Committee shall be made by a simple majority and in the event of equality of voting the Chairman (or the acting chairman of that meeting) shall have a casting vote. 11) The Secretary of the Club (or in this absence such other person as may be nominated by the Chairman of the Club) shall take the minutes of all meetings of the Management Committee to be read out and approved at the next succeeding meeting. Sub-Committees12) Any person appointed to run a sub-committee shall be a Full Member and shall be responsible to the Management Committee for the affairs of that sub-committee. 13) Any sub-committee appointed by the Management Committee will select a Chairman from within that sub-committee but no other Officers unless a Minutes Secretary is deemed necessary. 14) Guidelines for any sub-committee will be given by the Management Committee as necessary 15) Sub-committee Chairmen may appoint with the approval of the sub-committee any Member whom the sub-committee considers may properly assist in the discharge of the functions of that sub-committee whether or not that person is a committee member but the Management Committee shall retain the right of veto on all sub committees at all times. Such right of veto will not be exercised unreasonably nor other than in the best interests of the Club. 16) Decisions at meetings of a sub-committee shall be made by a simple majority but in the event of equality of voting the Chairman of the sub-committee (or acting chairman of that meeting) shall have a casting vote. 17) All financial matters involving sub-committees will be handled through the Treasurer of the Club and at all times all money raised is the property of the Club. Clubhouse Rules18) The Membership Secretary, Bar Steward or any committee member present at the relevant time shall be responsible for controlling admission to the Clubhouse the service of drinks to non-members and the enforcement of the Regulations and Rules. 19) The Management Committee reserves the right to cancel membership or to ban a Member from the Club either permanently or temporarily for non-payment of subscription within one month after the due date of payment any breach of Regulations or the Rules rowdy behaviour or other acts of misconduct which the Management Committee in its discretion shall consider to be detrimental to the Club. The Membership Secretary, Bar Steward or any committee Member present at the relevant time shall have full authority to enforce this Rule. A banned Member shall have the right of appeal to the Management Committee. 20) No person under the age of 18 may purchase or consume intoxicating liquor at the Club. Anyone using supplying or carrying illegal drugs in the Club will be banned from Membership of the Club. 21) No Member guests or visitor may drink outside the Club premises with the exception of special licences arranged for special events 22) The Club will not be held responsible for any loss or damage to any article of any kind which a Member guest or visitor may leave or bring on the Club premises or on the car park serving the Club premises. 23) Opening and closing times of the bar within the Clubhouse will be displayed in the Clubhouse and will not exceed those approved by the Local Authority and the local Licensing Justices from time to time. Club Membership24) All applications for membership (other than players or Temporary Members) will require a proposer and seconder who shall be Full Members of the Club and in the case of the proposer will have known the applicant for at least one (1) month prior to application. Application forms will be completed and submitted to the Membership Secretary together with the appropriate membership subscription. The application will be approved or rejected at the next meeting of the Management Committee. All applications for membership will be displayed on the Club notice board for not less than two (2) days before membership is approved. All Members shall be entitled to make representations to the Management Committee in respect of any application for membership. 25) Membership subscriptions will be determined at each Annual General Meeting of the Club and shall be due on 1st August annually. Any person gaining membership after 31st January in any year is to be charged half-subscription for that year. 26) All Members shall be bound by Rules of the Club. Guests27) A Member (except a Temporary Member) may introduce a guest or guests to the Club but shall be responsible for ensuring that the names and addresses of all guests are recorded in the guests register maintained in the Clubhouse. 28) A Member (except a Temporary Member) may introduce a maximum of three (3) guests on any one occasion but may not introduce one guest on more than four (4) occasions in any one membership year. Thereafter, the guest must apply for membership of the Club. 29) A Member is solely responsible for the conduct of his or her guests and for ensuring that all guests observe the Regulations and the Rules whilst within the Club premises. Membership Secretary30) A Membership Secretary shall be appointed from the Committee Members by the Management Committee to keep a register of all members to monitor applications for membership and to ensure that the guest register is being properly maintained. In his absence, this duty may be performed by any other Committee Member. 31) The Membership Secretary is responsible for collecting all subscriptions from Members and for passing such subscriptions to the Treasurer of the Club. Visitors32) At the discretion of the Management Committee the following classes of persons to be referred to as visitors shall be afforded the facilities of the Club premises and shall be entitled to avail themselves of Section 49(1) of the Licensing Act 1964 to purchase intoxicating liquor for consumption on the premises: (a) All Members and supporters of visiting clubs or teams (b) Any competitor or spectator at any event organised by or on behalf of the Club (c) Any competitor or spectator at any organised event held at the Club premises. General Meetings33) The Annual General Meeting of the Club shall be held in July in each year and the Officers an other Committee Members shall be elected or re-elected at the Annual General Meeting. In addition reports will be presented on the previous years activities by the Chairman, Secretary and Treasurer (who will also present audited accounts). Subscriptions to the Club shall be determined at the Annual General Meeting. The Members of the Club shall have power at the Annual General Meeting to remove and elect the Trustees. 34) Extraordinary General Meetings may be called at any time by the Chairman or Secretary of the Club or by requisition setting out the resolution or resolutions to be proposed at it. Such requisition must be signed by whichever is the lesser of thirty (30) Full Members or 20% of the full membership of the Club (excluding New Members) and shall be served on the Secretary. If the Secretary does not give notice of the Extraordinary General Meeting pursuant to the requisition on or before the expiry of fourteen (14) days from service of the requisition those making such requisition or any one or more of them on behalf of the others may give notice at the meeting to all Members. 35) The business which may be conducted at an Extraordinary General Meeting may be any one or more of: (a) Removing all or any of the Officers or other committee members, Trustees and filling vacancies caused by such removal (b) Amending or changing the Rules of the Club or (c) Dissolving the Club 36) Resolutions at Annual General Meetings shall be passed: 37.1 In the case of a resolution removing or appointing Trustees by a majority of three-quarters of the votes entitled to be cast by the Full Members present at the meeting 37.2 In any other case by simple majority of such votes 37) Resolutions at Extraordinary General Meetings shall be passed by a majority of three-quarters of the votes entitled to be cast by the Full Members present at the meeting. Accounting38) The Club’s bankers will be National Westminster Bank PLC, Petersfield Branch. The Management Committee may open building society accounts where considered appropriate. 39) All cheques on the Club bank account shall be signed by any two from the Chairman Secretary and Treasurer of the Club. 40) The financial year of the Club shall end on 30th April in every year to which date the accounts shall be balanced and drawn. 41) As soon as it is practicable after the end of the financial year there shall be prepared a statement of the assets and liabilities of the Club at the end of the financial year and a statement of income and expenditure during that year which statement shall be audited by the auditor not less than twenty-eight (28) days before the Annual General Meeting. 42) Copies of the audited statement of accounts shall be sent to every member with the notice convening the Annual General Meeting. 43) No action involving expenditure in the name or on behalf of the Club should be taken and no undertakings which would commit the Club to expenditure or other liability should be made without the prior authority of the resolution of the Management committee. 44) The Management Committee shall have the power to determine the question of payment of expenses to team managers, players or others but the Treasurer will be responsible following discussions with the Secretary and team manager for the method of payment of players expenses for which individual receipts shall be obtained. The Treasurer shall be accountable to the Management Committee for all such payments. 45) All cash payments made on behalf of the Club will require a receipt and shall only be made where it is impracticable to use a cheque. 46) The Treasurer is responsible for conducting periodic stock checks to the bar to ensure that the bar is trading profitably and other committee members may be called upon to assist the Treasurer as required. 47) The Club’s auditor will be appointed by the Management Committee and will be a professional accountant and not a member of the Club. Managers and Players48) The Management Committee is responsible for the appointment for all team members but have discretion to discuss the question of other team managers and coaches with the first team manager. 49) The Management Committee is responsible for the preparation of the first team manager’s contract. 50) Any player in dispute over disciplinary action taken by a team manager shall have the right to appeal to the Management Committee. Employees 51) Wherever possible Club duties will be undertaken on a voluntary basis but the Management Committee shall have the power to employ persons to undertake duties on behalf of the Club when the Management Committee considers such employment to be necessary and shall have the power to determine the remuneration to be paid to anyone so employed. Trustees52) There shall be vested in the Trustees all the property of the Club both real and personal other than cash which shall be under the control of the Treasurer. 53) All such property of the Club shall be held by the Trustees upon trust of the Club and for furthering the objects of the Club as provided in Rule 2. 54) The number of Trustees shall be not fewer than three (3). 55) The Trustees shall hold office until death, resignation or removal from office by a resolution of the Members of the Club in general meeting. 56) The Trustees may deal with the property so vested in them by way of sale mortgage charge lease or otherwise as directed by the Club. Such direction shall be given by a resolution of the Members of the Club passed by a majority of the Members present at a duly convened general meeting of the Club and when so passed shall be in favour of a purchaser mortgagee chargee lesee or grantee be binding upon all Members of the Club. A certificate purporting to be signed by the Secretary for the time being of the Club shall in favour of those persons be conclusive evidence of the directions complying in all respects with the above provisions of this Rule was duly given to the Trustees. 57) A Trustee shall be entitled to be indemnified by the Club from and against all liabilities, costs, damages, claims and demands incurred or suffered by him or her arising out of and in connection with anything done by him or her bona fide as such Trustee of the Club or at the request of and in accordance with a resolution of the Management Committee and the Trustees shall be authorised to charge the assets to the Club in their hands to satisfy any such liability. If the assets of the Club be insufficient for the purposes of such indemnity then a special subscription shall be raised and shall be payable by those persons who shall at the time such indemnity is invoked be Full Members of the Club and who shall contribute thereto such amounts as shall be determined by resolution of the Management Committee. 58) The Trustees shall be elected at a general meeting of the Club may be removed at a duly convened general meeting of the Club in accordance with paragraphs 35 to 38. Dissolution 59) The Club may be dissolved by resolution passed at an Extraordinary General Meeting of the Club or by a resolution of the Management Committee if the number of Full Members shall be less than ten (10) for a period of not less than six (6) months. 60) The dissolution shall take effect from the day when the resolution is passed and the Management Committee shall be responsible for winding up of the assets and liabilities of the Club. 61) If any property remains after the discharge of all debts and liabilities of the Club it shall be distributed by the Trustees in such manner as the Trustees shall in their absolute discretion determine for furthering the game of association football. |