THE CONSTITUTION OF
PARKLANDS UNITED SPORTS CLUB INCORPORATED
2009 Version
1. CONTENTS
2. Definitions
3. Club name and address
4. Objects
5. Powers
6. Colours and Uniform
7. Membership
8. Classes of Membership
9. Resignation from Membership
10. Termination of Membership
11. General Meetings
12. Management Committee
13. Powers of management Committee
14. Indemnity
15. Rule Changes
16. Winding Up
2. DEFINITIONS
Club - means Parklands United Sports Club Incorporated.
Committee - the duly elected Management Committee of the Club.
Subscriptions - can include all monies owed to the Club.
General Meeting - may include any Annual General Meeting or Special General Meeting to which all members are invited to attend.
Words implying the singular shall include the plural and vice versa.
Words implying the masculine gender shall be deemed to include the feminine and vice versa.
3. CLUB NAME AND ADDRESS
a) The name of the Club is:
“PARKLANDS UNITED SPORTS CLUB INCORPORATED”
Formerly “North Beach-Parklands Soccer and Netball Club”
Originally “North Beach Soccer Club” (Founded 1967).
b) The registered office of the Club is at the Clubrooms at:
75 Queenspark Drive, Parklands, Christchurch
And the postal address is:
P O Box 38-015, Parklands, Christchurch.
4. OBJECTS
a) To promote, encourage, improve and administer sport within the local community.
b) To create opportunities and provide facilities for all Club members to reach their potential and gain maximum enjoyment, and thereby bring credit to both the individuals and the Club.
c) To provide opportunities for all Club members to participate in a support role in the Club as administrators, coaches, referees, or other servants of the Club.
d) To affiliate and liaise with any governing body that the committee deems appropriate to advance the Club’s interest.
5. POWERS
a) The Club shall have the power to act as necessary for the furtherance of its objects.
b) To purchase, lease, hire or otherwise acquire any real or personal property and any rights which are expedient, and to sell, lease, hire or in any manner dispose of such property or rights to obtain the objects of the Club.
c) To acquire, construct, erect, maintain and control such buildings, fences, machinery and other works, and any chattels or property which may be necessary for any of the objects of the Club.
d) To employ such persons as shall be necessary to maintain or otherwise care for the Club’s property or to provide such services which the committee deems to be necessary for the proper functioning of the Club.
e) To borrow or raise money, with or without security, or upon mortgages of the real or personal property of the Club or any part thereof, or upon debentures charging the whole or any part of the assets of the Club.
6. COLOURS AND UNIFORM
a) The Club colours shall be gold, black, blue and white.
b) The committee will from time to time lay down the colour combinations and design of playing and non-playing uniforms of the Club. Any alterations to the above colours or designs must first have the written approval of the committee.
c) The name, size and placement of any sponsorship wording or logo on any Club playing or non-playing uniform or property must first have the written approval of the committee.
d) Any playing or non playing uniform or equipment that has been approved by the committee, or bears the Club name or logo must become the property of the Club, excluding promotional merchandise purchased from the Club.
e) Any player representing the Club must appear in the correct Club uniform, whether or not supplied by the Club.
7. MEMBERSHIP
a) Every person wishing to become a member of the Club shall complete and sign the prescribed membership application form as determined by the committee. By signing this form all members agree to abide by the Rules, By-laws and rulings of the committee.
b) Any person whose application has been approved by the committee shall become a member of the Club upon payment of the annual subscription fee that is applicable to that class of membership and sports code.
c) The committee in its absolute discretion shall decide whether to accept, reject or postpone any such application for membership, except for the elected Management Committee, and no reason shall be given for rejection or postponement.
d) Some members may qualify as members in more than one sports code or class of membership but still only qualify for no more than one vote at any Annual General Meeting or Special General Meeting and only if they are not in arrears with any subscriptions.
e) Subscriptions are due for full payment prior to the first competition game of the season for that particular sports code. The committee may add a nominated amount to any subscription that is overdue. Any player that is in arrears with subscriptions ceases to have any rights of membership of the Club.
8. CLASSES OF MEMBERSHIP
a) ASSOCIATE MEMBERS include elected Management Committee members of the Club and coaches, managers and others in similar roles that are appointed by the committee. Associate Members who are also Playing Members will be entitled to a subscription rebate as determined by the committee. All other Associate Members pay no subscription fees.
b) SENIOR PLAYING MEMBERS are members who actively participate in a Club sport and are seventeen (17) years of age or over.
c) JUNIOR PLAYING MEMBERS are members who actively participate in a Club sport and are under seventeen (17) years of age and they are not entitled to vote at any General Meeting of the Club. Parents or caregivers must complete an acceptable application form for these members. Parents or caregivers who are Associate Members will be entitled to a subscription rebate as determined by the committee for their oldest dependent child.
d) FAMILY MEMBERS. Parents or caregivers of a Junior Playing Member can become Family Members if they complete an acceptable application form.
Parents or caregivers that are Family Members pay no subscription fees and are entitled to one (1) vote per family, regardless of the number of Junior Playing Members, at any General Meeting of the Club, providing the Junior Playing Member is not in arrears with subscriptions.
Voting rights for Family Members only applies until the Junior Playing Member reaches seventeen (17) years of age.
A spouse or partner of any Senior Member may also become a Family Member if they complete an acceptable application but they will have no voting rights.
e) SUPPORTER MEMBERS are non-playing members that may wish to socialise with and support the Club in its objectives, for a minimal subscription.
f) LIFE MEMBERS Any member may, for long, outstanding and meritorious service to the Club, be nominated to the committee for Life Membership.
Long is defined as twenty five (25) Senior years or more, but it does not have to be consecutive years if for family, work or travel reasons. If playing for another Club and then returning, the count must start again but the committee should consider each situation on its merits.
Meritorious is defined as having qualified as an Associate Member for part of that time.
The Secretary must receive such nominations twenty eight (28) days prior to the Annual General Meeting for the committee’s consideration. If approved, the Chairman will bestow the Life membership at the Annual General Meeting. The committee may decline a nomination for any reason. A Life Member has the same rights as financial members, although they pay no subscription fees.
g) HONORARY MEMBERS AND PATRON The committee shall have the power to grant these memberships for the current financial year to any person, company or similar who has been distinguished in promoting the activities of the Club. These members have no voting rights.
h) STUDENT MEMBERS Any member that is in fulltime tertiary study will be entitled to a subscription rebate as determined by the committee, on the presentation of a current student card or other reasonable evidence.
i) DISTINGUISHED MEMBERS Any member after fifteen (15). Senior years of service to the club, may be nominated for Distinguished Membership. The Secretary must receive such nominations twenty eight (28) days prior to the Annual General Meeting for the committee’s consideration. If approved, the Chairman will bestow the Distinguished Membership at the Annual General Meeting. The committee may decline a nomination for any reason. Distinguished Members who are also Playing Members will be entitled to a subscription rebate as determined by the committee.
9. RESIGNATION FROM MEMBERSHIP
a) Any member wishing to resign their membership shall give written notice to the Secretary within twenty-eight (28) days following the final game of the season applicable to the member’s sports code. The member must forward all monies due and return all Club owned property, as determined by the committee. Resignation does not release any member from antecedent liability owed to the Club.
b) In the class of membership 8e (Supporter Members) the resignation must be prior to the Annual General Meeting.
10. TERMINATION OF MEMBERSHIP
a) If a member is alleged to be in breach of any of the Rules or By-Laws of the Club or for conduct endangering or likely to endanger the good character, good order or welfare of the Club or other misconduct, he must be informed, by letter, of his alleged action and invited to a committee meeting to be held to discuss the alleged action.
If the member fails to respond to the letter within the specified time then the committee may make a decision on the information at hand.
At the meeting, the member whose alleged breach is under consideration shall be allowed to explain, verbally or in writing, any circumstances or alleged circumstances giving rise to the invitation to attend the meeting. The Committee, after considering such explanation, shall decide the action, if any, to be taken.
b) The committee may suspend a member with a simple majority vote and may set any terms and conditions of such a suspension.
A member may not be expelled from the Club unless two thirds of the committee present votes for the member’s expulsion. If they so vote the member shall forthwith, cease to be a member of the Club without releasing the member from any antecedent liability to the Club.
c) The committee shall have the power to suspend or strike from membership any person who is deemed to be overdue with any subscription or fees without releasing the member from antecedent liability to the Club.
11. GENERAL MEETINGS
a) The Annual General Meeting of the Club shall be held in the month of August on a day, time and place as the committee may determine. This is to coincide with the Club’s financial year of 1st July to 30th June. The business of the Annual General Meeting shall be to receive the Annual Reports, Statements of Accounts and Balance Sheet for the preceding year, to elect the Management Committee for the ensuing year, to deal with notices of motion and any other general business of the Club.
Notices of Motion must be received by the Secretary 28 days prior to the Annual General Meeting. The motion must be “moved” and “seconded” by financial members that are entitled to vote at a General Meeting of the Club.
b) A Special General Meeting may only deal with the business for which the meeting was convened. The Secretary on receiving a written request for a Special General Meeting stating the objects and signed by fourteen (14) members of the Club, who are entitled to vote under these rules, shall within fourteen (14) days advertise a Special General Meeting as per Rule 11c.
The committee shall also have the power to call a Special General Meeting when it is deemed necessary to obtain the opinion of the members.
c) Not less than fourteen (14) days notice shall be given of any Annual General Meeting or Special General Meeting by way of a newspaper advertisement and a notice on the Club notice board.
d) If a written ballot is requested by the majority of members present and entitled to vote at any Annual General Meeting or Special General Meeting, the Chairperson shall appoint two (2) scrutineers to count the voting papers.
e) A quorum shall be fourteen (14) members of the Club that are present and entitled to vote at any Annual General Meeting or Special General Meeting. If a quorum is not present fifteen (15) minutes after the advertised starting time of the meeting the Chairperson may continue the meeting with all authority as if a quorum was present.(The Club’s business must continue)
If the Special General Meeting was called because of a written request signed by fourteen (14) members who are entitled to vote and a quorum is not present fifteen (15) minutes after the advertised starting time, the Chairperson may cancel the meeting.
f) Proxy votes are not permitted at any Club meetings.
g) No member under seventeen (17) years of age on the day of the meeting, may vote or serve on the Management Committee.
12. MANAGEMENT COMMITTEE
The management committee will consist of the following:
The five (5) Officers of the Club,
President
Vice President
Secretary
Treasurer
Club Captain
Custodian
Sports Code Delegates, as the committee deem necessary
General committee members – up to a maximum of eight (8)
President
a) The President shall be the Chairperson at all Club meetings. In his absence the Vice President and in the absence of both, the committee shall elect a Chairperson for that meeting.
b) The Chairperson may, in the event of an equality of votes, have a casting vote at any Club meeting.
c) The Chairperson may deliberate at General Meetings on any matter that is not covered in the Club Rules or Bylaws, but at committee meetings it will be decided by the majority of the committee.
d) If an unforeseen situation should arise that in the opinion of the President requires a committee meeting in less than forty-eight (48) hours then he may call an Emergency Meeting of the Officers of the Club to try and resolve the situation. A quorum for this will be three (3) but all five (5) Officers of the Club must try to be contacted and informed of the meeting. Minutes should be produced for the next Management Committee Meeting.
e) The President may only hold the position for a maximum of five (5) consecutive years.
Secretary
a) The Secretary shall attend all management committee meetings and General Meetings to produce minutes of the meeting and read all relevant correspondence received and dispatched. He shall also have custody of all other Club documents.
b) The Secretary shall arrange for all Annual General Meetings and Special General Meetings to be advertised as required in Rule 11c.
c) The Secretary shall give each member of the committee at least forty eight (48) hours notice of any committee meeting.
d) He shall keep a register of all members’ names and addresses (as required by the Incorporated Societies Act) joining and leaving dates, sports code and class or classes of membership. This will help in Life Membership decisions and determining voting eligibility.
e) The Secretary shall forward to the Registrar of Incorporated Societies any rule changes (as required by the Incorporated Societies Act).
f) The Club’s common seal shall be held in the custody and control of the Secretary and shall only be fixed to documents that have been authorized by the committee. The Secretary PLUS one other appointed committee member must sign the affixing of the common seal.
g) The Secretary is to provide a facility to record the names of all members attending any General Meeting of the Club.
h) When he ceases to be the Secretary, he must immediately deliver all books, papers, documents and property of the Club in his possession or control, to the committee.
Treasurer
a) The Treasurer shall be responsible for maintaining books of account of all receipts, expenditure, assets and liabilities of the Club.
b) The Treasurer shall furnish to each committee meeting a report on the financial position of the Club.
c) At the Annual General Meeting he shall present the duly audited accounts and balance sheet for the previous year.
d) In conjunction with the either the President, or Secretary or other appointed member of the committee sign all cheques. No two (2) signatories may be from the same family or live in a relationship similar to marriage.
e) The Treasurer shall pay all accounts passed for payment and receipt and bank all monies into the Club’s bank account within seven (7) days.
f) The Treasurer shall forward to the Registrar of Incorporated Societies a complete audited copy of the annual financial statement (as required by the Incorporated Societies Act).
g) When he ceases to be the Treasurer he must immediately deliver all books, papers, documents and property of the Club in his possession or control, to the Committee.
13. POWERS OF THE MANAGEMENT COMMITTEE
a) The Management Committee shall be nominated and elected annually by majority vote at an Annual General Meeting and if a vacancy occurs during the year the committee may co-opt somebody to the position until the next Annual General Meeting.
b) At any committee meeting fifty per cent (50%) of the duly elected Committee shall be a quorum.
c) The committee shall have the powers to make, alter, or rescind by-laws not repugnant to the Rules of the Club, and their decisions shall be binding on every member until set aside by an Annual General Meeting or Special General Meeting.
d) Any notice posted on the Club notice board on behalf of the committee shall be considered to be sufficient notice to members, except for Annual General Meetings and Special General Meetings which also require newspaper advertisements of the fact as per Rule 11c.
e) The committee may declare forfeited the seat of any committee member who is absent from three (3) consecutive committee meetings without reasonable cause.
f) All expenditure must be approved by the committee prior to the commitment of any Club funds, with the exception of regular consumables.
g) The committee may invoice any members for fines incurred by such members, from the sports code ruling body.
14. INDEMNITY
a) All Associate Members of the Club shall be indemnified by the Club from and against all losses, claims, demands, actions, suits or expenses brought against or incurred by them in or about the discharge of their respective duties, except such as shall be brought about by their own willful default.
b) No Associate Member shall be liable for any act or omission of another member of the Club or for joining in any act or receipt or for any act of conformity or loss suffered by the Club unless the same shall be due to his own willful default.
15. RULE CHANGES
a) No rule shall be made, altered or rescinded except by a majority of members present and entitled to vote at an Annual General Meeting or Special General Meeting convened for that purpose.
b) A seconded notice of motion to make, alter or rescind a rule must be in the hands of the Secretary twenty eight (28) days prior to an Annual General Meeting or as per Rules 11b and 11c for a Special General Meeting.
c) The committee will also have the power to put a notice of motion to an Annual General Meeting to make, alter or rescind any rule.
d) Any such notice of motion must state the rule to be made, altered or rescinded and must clearly state the wording of any new or altered rule.
16. WINDING UP
a) The Club may be wound up voluntarily at a General Meeting of the Club if it was duly advertised and 75% of the members present and eligible to vote so agree. This resolution must be confirmed at a subsequent Special General Meeting called between fourteen (14) and twenty eight (28) days after the original winding up resolution was passed.
b) Any property remaining after satisfaction of debts and liabilities of the Club, and after deduction of costs, charges and expenses associated with the winding up, shall be distributed to a local sporting body with similar objects to the Club, as the Club in a General Meeting shall decide.