The Rules and Constitution of Wellington Petanque Club
1. The name of the Club is Wellington Petanque Club.
2. The Club emblem is as pictured in Annex 2 to these Rules
Object(s) of the Club:
3. The object(s) of the Club are as follows:
Promoting the game of Petanque in the Wellington area
4. The signatories to these Rules are signing on behalf of the membership.
5. An applicant for membership must submit a signed and dated application form to the Secretary in the format agreed from time to time by the executive committee.
6. Until an applicant is approved for membership, he/she is not entitled to any of the privileges of the Club.
Officers and their Duties
7. The Club has the following Officers, who are elected by the members for one year terms:
Chair – Who chairs all General Meetings and all Executive Committee meetings when present
Vice-Chair – Who assists the Chair and deputises in the Chair’s absence
Secretary – Who is responsible for the keeping of all books and records of the Club, including the Members’ Register (containing the name and address of every member and such other contact details as the member supplies) and the taking of minutes of all General Meetings and Executive Committee meetings.
Treasurer – Who ensures that the financial affairs of the Club are kept in good order and that annual accounts and a financial report are submitted to the Executive Committee for it to place before the members at the Annual General Meeting.
8. The day-to-day running of the Club is under the control of the Executive Committee which consists of:
The 4 Officers of the Club plus
Additional members so that the total number on the committee including the executive officers shall not exceed one-fifth of the total membership or six which ever is the greater. Resignations during the year may be filled by the committee co-opting a replacement.
9. A quorum for Executive Committee meetings is one half of its membership.
10. The Committee can create and elect any member to any sub-committee that the Executive committee feels is necessary to advance the interest of the club.
11. Minutes of Executive Committee meetings must be taken and made available to all Club members as soon as is practical.
12. The Executive Committee has the following powers and responsibilities:
Supervision and direction of the day to day running of the Club.
Preparation and presentation to the Annual General Meeting of a written annual report on the Club and its activities (annexing the annual accounts and the Treasurer’s financial report).
Financial year and accounts.
13. The Club financial year runs to 31 May. An income and expenditure account must be made for that year and the balance sheet struck at that date.
14. The executive committee shall appoint an independent person who is not a member of the club and who in their opinion is competent to certify that the accounts correctly and honestly represent the clubs financial activities during and at the financial year end
Re-election and further terms of office
15. Members are eligible for re-election for further terms as Officers or members of the Executive Committee subject only to no officer or committee member serving for more than five consecutive years.
Membership classes and subscriptions
16. There shall be the following classes of membership:
17. The membership subscription for this class is determined at the AGM for each calendar year and must be paid by 31st August (the “Fee Date”) unless the Executive Committee determine that payment may be taken by instalments.
18. On being admitted to the Club a member in this class must pay an entrance fee of £10 or such other amount as determined by an AGM.
19. A new member must pay the pro-rata annual subscription for that calendar year when joining at any time after the Fee Date.
20. Full membership is available to any person and full members are entitled to vote at the annual general meeting.
21. There is no membership fee for this class of membership at the current time but this can be reviewed at any time by an AGM.
22. On being admitted to the Club a member in this class must pay an entrance fee of £10. or such other amount as is determined by an AGM
23. Student membership is available to any person who is still undertaking full time education. Student members under the age of 16 are not entitled to vote at the AGM.
24. The membership subscription for this class is as determined by the AGM for each calendar year and must be paid by 31st August (the “Fee Date”) unless the Executive Committee determine that payment may be taken by instalments.
25. On being admitted to the Club a member in this class must pay an entrance fee of £10 or such other amount as shall be determined by the AGM.
26. A new member must pay the pro-rata annual subscription for that calendar year when joining at any time after the Fee Date.
27. This membership class is available to any person
28. Members in this class will be entitled to vote.
Power to appoint members
29. Any person who is proposed and approved for membership by the members at the annual general meeting will become a member for one year on whatever terms and with whatever rights that the members may decide, and at the end of each year the members will consider re-approval.
30. Membership is automatically continued each year unless:
i) The member resigns on or before 31st August, in which case the member is under no obligation to pay any part of the subscription for that new year; or
ii) The member fails to pay the new annual subscription by 31st August, when the member is treated as having resigned on 31st August unless within 30 days of 31st August he or she gives the Secretary a written request to remain a member and the Executive Committee then so allows on whatever terms it imposes as to payment of that subscription.
Resignation from membership
31. A member may resign at any time by notice in writing to the Secretary. On receiving the notice the Secretary will immediately remove that member from the Members’ Register, which terminates membership.
32. The resigning member is not entitled to any return or rebate of subscription and remains liable for any unpaid subscription and any other sums due from him or her to the Club.
33. Any member who is in serious or persistent breach of these Rules or who otherwise acts in a way which in the opinion of the Executive Committee is seriously or persistently inappropriate for a member of this Club may be disciplined as set out in the Disciplinary Regulations in Annex 1.
Effect of resignation, expulsion or death
34. All rights and interests in the Club and its property cease immediately on termination of membership by resignation, expulsion or death.
General Meetings of Members
35. Annual General Meeting: An annual general meeting of all members must be held in July each year (or, failing that, as soon as possible thereafter) and called by the Secretary on 14 days’ notice to the members stating the date, time and place of the meeting, and the business to be conducted. The business will include:
(i) presentation and summary explanation by the Treasurer of (a) the Club’s annual accounts for the financial year last ended and (b) a budget for the Club’s current financial year for approval of the members (if they so decide);
(ii) consideration of the Executive Committee’s annual report;
(iii) election of Officers, members of the Executive Committee, trustees when required, and Accounts overseer. and
(iv) such resolutions as are stated in the notice of the meeting.
36. Special General Meeting: At any time the Executive Committee or any 5 members may by a joint written notice request the Secretary to call a meeting of members and the Secretary must then a call a Special General Meeting on no less than 21 days’ notice to all members stating the date, time and place of the meeting, and the business to be conducted.
37. The quorum for for the Annual General Meeting and any Special General Meeting is one -fifth of voting members.
38. The voting members present elect a chair for any general meeting whenever the Club Chair or Vice-chair is not present.
39. Minutes of the General Meetings must be taken and made available to all members.
40. Any notice required or allowed to be given to any member under these Rules is validly given if: (i) sent by post to that member’s address in the Member’s Register (in which case it is deemed given to the member 2 days after posting); or (ii) given to him personally; or (iii) sent by email or fax to that member’s email address or fax number in the Members’ Register.
41. Any notice required or allowed to be given by any member to the Secretary under these Rules is validly given if sent by post, email or fax to the Secretary at the postal address, email or fax number most recently notified to members by the Secretary. It is deemed given when actually received at that address, email or fax number.
Resolutions and voting
42. Resolutions and other decisions at all General Meetings, Executive Committee or any sub-committee meetings are passed and made if so voted by a majority of those members present and voting when the vote is taken.
43. Voting may at the discretion of the Chair be undertaken by show of hands, by ballot or by show of hands followed by ballot.
44. Proxies are allowed upon written notice by the member to vote by proxy to the Secretary prior to the meeting stating the name of the member to vote on their behalf in the forthcoming meeting.
Trustees and Club Property
45. There will be 3 Trustees of the Club who are the Treasurer and 2 other members elected at the Annual General Meeting.
46. The first Trustees are the Treasurer and 2 other members elected at the first Members’ Meeting at which these Rules have been adopted.
47. A General Meeting may remove or appoint Trustees at any time (except that the Treasurer cannot be removed as a Trustee as long as he or she is Treasurer but ceases to be a Trustee on ceasing to be Treasurer when the new Treasurer automatically becomes a Trustee).
48. A Trustee holds office until death, resignation or removal by a General Meeting.
49. All property of the Club including money (except cash up to £1000 held by the Treasurer at any time for Club purposes) is to be held and used by the Trustees for the benefit of the Club.
50. The Trustees will hold and use the Club’s property in accordance with all lawful directions of the Executive Committee.
Employment and Other Contracts
51. The Club may engage employees on such terms as the Executive Committee decides.
52. All contracts of employment will be made by Trustees and will state that the Trustees are the employers on behalf of the Club for the time being.
53. Secretary may enter into contracts as agent for the Members provided that no such contract involves property or money beyond the value of £1000.
54. All other contracts between the Club and any other person are made by the Trustees as agents for the members unless the Executive Committee instead authorises any one or more of the Officers or other members of the Executive Committee to enter into a contract as agent for the members.
Indemnities and limitation of liability
55. Full indemnity out of the Club funds is given to:
i) Trustees against all payments and other liabilities properly incurred by them as Trustees;
ii) Officers and other members of the Executive Committee against all payments and other liabilities properly incurred by them in the exercise of their duties or powers for the Club.
iii) Every Trustee, Officer, or other member entering into any contract on behalf of the members against all payments and other liabilities incurred by them in connection with that contract
56. The liability of Trustees, Officers or other members entering into any contract for the Club and the liability of any members on whose behalf the contract is made is limited to the assets of the Club.
57. The limit of each members indemnity given to Trustees, Officers or other members in any calendar year in relation to any contracts entered into by them for the Club is a sum equal to one year’s membership subscription.
58. No Trustees, Officers or members shall be bound to bring or defend any actual or prospective claim or proceedings or incur any actual or prospective liability for legal costs (including to any legal costs that may be payable to another party) unless they are first satisfied that they shall be sufficiently indemnified or otherwise protected against having to pay such costs and any other judgment against them (except as to the extent of one year’s membership subscription) in one or more of the following ways: (i) indemnity out of the Club’s assets (ii) personal indemnities from some or all of the members (iii) legal expenses insurance.
Non-payment of sums due to the Club
59. On a member being given a written notice of demand by the Secretary for payment of any sum already due from that member to the Club, failure to pay that sum in full within 14 days (or such longer period as may be specified in the notice) is a serious breach of the Rules which may be disciplined in accordance with these Rules save to the extent that there will be no appeal from a decision of the Executive Committee unless the Executive Committee decides that there are special circumstances making it fair for the member to be able to appeal to an Appeal Committee.
Borrowing and charges
60. The Executive Committee may borrow money if authorised by a resolution of the members in general meeting and on the terms authorised in that resolution.
61. The Trustees shall make such dispositions of Club property and enter into such agreements as the Executive Committee directs for the giving of security for such borrowing.
62. All members whether or not voting on such resolution, and all members joining the Club after the passing of such resolution are to be taken to have assented to the resolution as if they had voted in favour.
Amendment of the Rules
63. These Rules may be amended by a resolution in a General Meeting passed by strictly more than 60% of the members present and voting when the vote is taken.
64. The Club may be dissolved by a resolution passed by strictly more than 60% of the members present when the vote is taken but only if there are at least 50% of all members voting in favour of the resolution.
65. The resolution takes effect immediately unless it expressly states that it is to take effect on a specified date not more than 4 weeks later.
66. As soon as the resolution takes effect the Executive Committee must pay or otherwise settle all debts and other liabilities of the Club and divide the remaining Club property among the members equally. For these purposes the Executive Committee may decide on the sale or other realisation of Club property as it thinks fit.
67. The headings to these Rules are for ease of reference only and are not to be taken into account in their interpretation.
Adopted this…………….. day of………………….. 20…..
Signed (with name and address printed):
1. Any member who is in serious or persistent breach of the Rules or who otherwise acts in a way which in the opinion of the Executive Committee is seriously or persistently inappropriate for a member of the Club may be required by the Executive Committee to attend for a hearing before it to explain his or her conduct.
2. The Secretary will notify the member in writing at least 14 days before the hearing of:
i) the date, time and place of the hearing;
ii) the conduct alleged to:
- be a serious or persistent breach of the Rules, specifying which rule or rules; or
- be seriously or persistently inappropriate for a member of the Club
iii) the available penalty or penalties.
3. The member may respond in writing to the Executive Committee and will also in any case be given a fair opportunity at the oral hearing to refute, explain or excuse his conduct and to say why he or she should not be penalised or what penalty is appropriate for any proven allegation.
4. The procedure to be adopted for the oral hearing will be entirely at the discretion of the Executive Committee.
5. The member does not have any right to be represented at the oral hearing (by a lawyer or otherwise) but it will be at the discretion of the Executive Committee as to whether the member is allowed to have such representation.
6. There will be no oral hearing in any matter if either:
i) the member waives his or her right to an oral hearing or
ii) the Executive Committee resolves, and writes to the member stating, that it is not considering suspension or expulsion and that consequently in the circumstances an oral hearing is not proportionate.
7. If the Executive Committee finds any allegation to be proven on the facts it may:
i) Suspend the member from some or all rights and/or benefits of membership for a period or periods determined by the Executive Committee, with or without conditions; or
ii) expel the member with immediate effect.
8. The decision as to whether any allegation is established and the appropriate penalty must be made and notified to the member on the day the hearing is concluded or the following day. The decision must also be made known to the other members by noticeboard or newsletter within a reasonable time following the decision.
9. A member who is expelled or suspended from any rights or benefits of membership for a period of longer than 1 month has the right to appeal against the decision by written notice to the Secretary within 14 days of receiving the decision of the Executive Committee. The notice must state the reasons why the decision should be set aside or varied, either on the finding of proof of any allegation or the penalty or both. There is no right of appeal where any other action has been taken.
10. The Appeal Committee will be constituted of 3 members appointed by the Executive Committee including at least one person who sits on the Executive Committee.
11. The Secretary will notify the member in writing at least 14 days before the oral hearing stating the date, time and place at which the hearing will be conducted by the Appeal Committee. The member will be given a fair opportunity at the oral hearing to explain why the Disciplinary Committee decision should be set aside or varied.
12. The procedure to be adopted for the oral hearing will be entirely at the discretion of the Appeal Committee.
13. The member does not have any right to be represented at the oral hearing (by a lawyer or otherwise) but it will be at the discretion of the Appeal Committee as to whether the member is allowed to have such representation.
14. The Appeal Committee may set aside the decision of the Disciplinary Committee if it is satisfied that the decision was unreasonable or otherwise unfair, or if the proceedings leading to the decision were either unreasonable, unfair or prejudicial to the member. The Appeal Committee must not consider new evidence which was not put before the Disciplinary Committee unless it is satisfied that there are good reasons why that evidence was not put before the Disciplinary Committee and for allowing the new evidence to be considered.
15. If the Appeal Committee does set aside or vary the decision of the Disciplinary Committee it may:
i) suspend the member from some or all rights and/or benefits of membership for a period or periods determined by the Executive Committee, with or without conditions; or
ii) expel the member with immediate effect.
16. The decision of the Appeal Committee must be made and notified to the member on the day the hearing is concluded or the following day. The decision must also be made known to the other members by noticeboard or newsletter within a reasonable time following the decision.
17. There is no further appeal to a decision of the Appeal Committee.