BASILDON & PITSEA CRICKET CLUB - Club Constitution

Rules and constitution

(Please note that any reference to the masculine gender in this document also applies equally to the feminine gender).

1. Name and colours 
The name of the Club shall be known as "The Basildon & Pitsea Cricket Club" and the colours shall be Green, Gold & Black.

2. Objects of the club 
The main object of the Club is to provide facilities for and promote participation of the whole community in the sport of cricket.
 
2(a) To ensure that all members who hold office of any kind are properly qualified to a standard recognised by the England & Wales Cricket Board (ECB)
 
2(b) To ensure that where Junior and Youth members are involved, the ECB “Welfare of Young People in Cricket” policy is implemented.

2(c) To ensure a duty of care to all members of the Club by adopting and implementing the ECB 'Safe Hands' - Cricket's Policy for 'Safeguarding Children' and any future versions of the Policy.

2(d) To ensure a duty of care to all members of the Club by adopting and implementing the ECB Cricket Equity Policy and Inclusion and Diversity in Cricket policy any future versions of these policies.

2(e) To encourage all members to participate fully in the activities of the Club. 

3. Membership
Membership shall be open to all irrespective of age, gender, disability, race, ethnic origin, religion or beliefs, social status and sexual orientation and shall be either playing or non-playing.
 
3(a) Types of membership:

i) Senior adult playing member (Full)
ii) Youth / Unwaged playing member (Full)
iii) Junior playing member (Full)
iv) Vice Presidents (Full)
vi) Honorary Life Membership (Full)
v) Non-playing Membership (Full)
vi) Associate Individual Membership
 
Only members holding Full Membership are allowed to vote at the Annual General Meeting (AGM) or any other meeting where a vote is necessary.

3(b) Members nominating other members for Honorary Life Membership must submit the name(s) of the nominee(s) to the Committee at least 28 days prior to the AGM.

3(c) Persons may not be admitted to membership or be admitted as candidates for membership to any of the privileges of membership, without an interval of at least two days between their nomination or application for membership and their admission.
 
3(d) Parents or Legal Guardians of youth members shall have automatic non voting membership.

3(e) Candidates for membership shall be elected at normal monthly committee meetings. The Committee may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Such a decision can only be reached after the process described in Rule 4 Discipline has been followed. The candidate’s / member’s right of appeal against any decision is described in Rule 4 (d).

4. Discipline 
4(a) The procedure described below applies in the following circumstances:

i) Where the Club is considering refusing the application of a potential new member or a previous member who has applied to re-join.

ii) Where there is reason to believe that an existing member’s behaviour may have brought the Club or the sport of cricket in disrepute.

iii) Where the Club is required by a relevant authority, e.g. ECB or League Committee, to investigate specific incidents involving Club members.

4(b) In all such cases the Committee will appoint a Disciplinary Sub-Committee (DSC) consisting of at least 3 members, one of whom will be designated as Chair, to fully investigate the circumstances and establish the facts. Any member or candidate member requested to attend a DSC enquiry shall be entitled to be accompanied at that enquiry by another Club Member and to call and / or question witnesses.

4(c) Having completed their enquiry if the DSC concludes that the case against a potential new member or existing member is proven they can impose one, or a combination of, the following penalties:
 
Membership Candidates:
Defer membership for a defined period
Impose a trial period restriction on the membership
Deny membership
 
Existing Members:
Require the member to write a letter(s) of apology within a specified time
Record a reprimand and to give warnings as to future conduct
Suspend the member’s right to be considered for selection by the Club to play in a specified number of matches
Suspend the member’s membership for a specified period of time
Terminate the member’s membership if the offence is serious enough to constitute gross misconduct

4(d) Any member or candidate for membership shall have the right to appeal against any penalty awarded by the DSC. On receipt of the appeal, which may be made verbally or in writing, the Management Committee will appoint an Appeals Committee to consider the matter. The Appeals Committee will consist of 3 members, one whom will be designated as Chair, and none of whom formed part of the original DSC.

On conclusion of their investigation the Appeals Committee will;
 
Uphold the original decision and confirm the penalty or
Uphold the original decision but vary the penalty or
Overturn the original decision
 
Any member or candidate member shall be entitled to be accompanied at the Appeal hearing by another Club Member and to call and / or question witnesses.
The decision of the Appeals Committee shall be considered final.

5 Subscriptions and Fees
5(a) The annual subscription rates will be recommended by the Management Committee for agreement at the Annual General Meeting. All subscriptions should be paid in full by 31st May of the relevant year unless prior agreement is obtained from the Committee. The categories of membership for which a subscription is payable are:

i) Senior Playing Member (aged 21 or above and in full time employment)
ii) Youth / Unwaged Playing Member (between the ages of 16 and 21, or older then 21 but unemployed and in receipt of benefits)
iii) Junior Playing Member (under the age of 16)
iv) Non-playing Membership
v) Associated Individual Membership

5(b) Match fees for all playing members shall be set at an amount recommended by the Committee and ratified at the Annual General Meeting. At the discretion of the committee, match fees only may be amended for members who are encountering hardship.

5(c) Any member who accrues debt to the club in excess of 3 match fees will only be selected for subsequent matches if either a) the member clears their debt with the club or b) is approved to play by the management committee in exceptional circumstances.

5(d) Any member who owes the Club any monies on 31st October shall be considered to have terminated their membership. This information will be forwarded to the League and the Essex County Cricket Board.

5(e) Members whose membership was terminated under rule 5(d) shall, if applying to rejoin at any time, be liable for all outstanding monies including the current year’s subscription before membership is granted. This clause may be waived at the discretion of the committee.

6. Club Meetings
6(a) The Annual General Meeting of members shall be held after 31st October and no later than 31st January of the following year on a date to be decided by the Committee.
 
6(b) Extraordinary General Meetings or Players Meetings may be called at any time by the Chairman or at the request, in writing, of not less than ten full members of the Club.

6(c) Meeting of the Executive Committee shall be held as required by the Chairman or by members of the Executive Committee.

7 Procedure for Meetings
7(a) The Chairman of the Club will chair all meetings of the Club and Committee, or in his absence, by a nominee, elected at the meeting. Matters of urgency may be raised at the meeting at the discretion of the Chairman.

7(b) For General Meetings a quorum is defined as the lower of one third of the current membership or 13 members.
       For Committee Meetings a quorum is defined as 5 Committee members.

7(c) Minutes will be kept of all meetings.

7(d) When, in the opinion of the Chairman of any meeting, it is necessary for a vote to be taken, each full member shall be entitled to one vote, and in the event of any equal number of votes for and against, the Chairman will have a second casting vote.

7(e) At the AGM the following shall be invited for the ensuing year; President and Vice-presidents

7(e) i At the AGM the following shall be elected;  Chairman, Treasurer, Secretary, Welfare Office, Youth Manager, Fixture & Membership Secretary, Club Manager, and Bar Manager, who shall form the Executive Committee.

7(e) ii At the AGM the following shall be elected; Club Captain, Team Captains and Auditors.
 
7(f) Elections shall be by nomination and seconding at the Meeting. For those positions for which more than one seconded nomination is received, the Election for that position shall be by a show of hands, or secret ballot, at the discretion of the Chairman of the Meeting. Providing they signify in writing their willingness to stand for office, absentees may be nominated for office.
 
7(g) Only Full Members can hold office.

8. Finance
8(a) The Income and Property of the Club shall be applied solely towards promoting the Club’s objects as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, to the Members of the Club.

The financial year of the Club is 1st November to 31st October of each year.

8(b) Proper books of account shall be kept by the Treasurer, who shall be responsible for all financial matters affecting the club.

8(c) The Club shall have a current banking account. Cheques being drawn on that account shall be signed by any two of the four designated signatories, one of whom shall be the Treasurer. The Treasurer may open other banking accounts as and when deemed necessary.

8(d) The Treasurer shall make periodic reports on the financial state of the Club to the Committee at each committee meeting. A copy of the accounts for the year, signed by the auditors, shall be presented to the members of the Club at the Annual General Meeting.

9. Powers of the Committee
9(a) The Committee shall have the power to appoint sub-committees, and to co-opt any member of the Club to the Committee. If a specific Committee position becomes vacant for any reason, a member may be co-opted to fill that position for the remainder of the year.

9(b) Subject to these rules, the management of the Club shall be vested in the Committee.
 
9(c) The Club will make reasonable provision for the insurance of its members.

9(d) Deletions or additions to these rules may be made at any Annual General Meeting or Extraordinary General Meeting, providing that notice of the meeting, with the agenda, shall be given to Club Members 14 days prior to the date of that meeting. Notice of intended changes must reach the Secretary, in writing, 21 days before such meeting. Any rule instigated or amended at an Extraordinary General Meeting will remain in force at least until the Annual General Meeting.

9(e) Notwithstanding rule 9(d) if a specific rule change is required to comply with, for example, legislation changes or governing body requirement, the Committee has the authority to make the required change subject to it being ratified at the next AGM.

10. Trustees
10(a) There shall be no more than four Trustees.

10(b) The first Trustees shall be appointed by the Committee. The property of the Club (other than cash, which shall be under the control of the Treasurer) shall be vested in them, to be dealt with by them, as the Committee shall from time to time direct by resolution (of which an entry in the minute book be conclusive evidence).

10 (c) The Trustees shall hold office until death or resignation, or until removed by a resolution of the Committee who may for any reason, which may seem sufficient to a majority of them present, and by voting at any meeting, remove any Trustee or Trustees from the office of Trustee.
 
Where by such reason of death, resignation or removal, it shall appear necessary to the Committee that a new Trustee shall be appointed, or if the Committee shall deem it expedient to appoint an additional Trustee or Trustees, the Committee shall by resolution nominate the person or persons to be the Trustee or Trustees. For the purpose of giving effect to such nomination, the President is hereby nominated as the person to appoint new Trustees of the Club, within the meaning of Section 36 of the Trustees Act 1925. And he shall by deed poll appoint the person or persons so nominated by the Committee as the new Trustee or Trustees of the Club and the provision of the Trustees Act shall apply to any such appointment. Any statement of fact in any such deed of appointment shall be in favour of a person dealing bone fide and for the value of the Club to the Committee by conclusive evidence of the facts so stated.

10(d) The Trustees shall be indemnified against risk and expense out of the Club property.

10(e) The Trustees, at the direction of the Committee, shall have the power to acquire by purchase, lease or otherwise, land or property, as may be deemed by the Committee likely to advance, benefit directly or indirectly the interests of the Club, and also to power at the discretion of the Committee, to sell, lease, mortgage or otherwise deal with the land or property acquired.

10(f) If, at any time the Club in general meeting, shall pass a resolution authorising the Committee to borrow money, the Committee shall thereupon be empowered to borrow money for the purpose of the Club such amount of money either at one time or from time to time and at such a rate of interest and in such form and manner upon such security as shall be specified in such resolution and thereupon the Trustees shall, at the direction of the Committee, make all such dispositions of the Club Property or any part thereof and enter into such agreements in relation thereto as the Committee may deem proper for giving security of such loans and interest. All members of the Club, whether voting on such resolution or not and all persons becoming members of the Club after the passing of such resolution shall be deemed to have assented to the same as if they voted in favour of such resolution.
 
10(g) Should the Club property prove insufficient, the Trustees shall be indemnified against risk and expense firstly by Guarantors and secondly by each and every member of the Club.

11. Dissolution
In the event of the dissolution of the Club, properly moved and seconded, and carried at an Extraordinary General Meeting convened for that purpose, the assets shall be sold and all monies remaining after settlement of outstanding accounts, shall be given to the Essex Community Trust. The dissolution of the Club shall be administered by the Officers and Trustees in office, up to the Extraordinary General Meeting called for that purpose.