Constitution & Objectives

Submitted by UID1 on Tue, 12/18/2007 - 12:11.

PRINCIPLES & OBJECTIVES of
CONFEY FOOTBALL CLUB

1. The name of the club shall be Confey Football Club.

2. The principles and objects for which the Club is established are specified hereunder:-

A. To provide, promote, foster and encourage the game of Association Football amongst the members of the Club, the local community and where appropriate the wider community.

B. To carry on any other activity which can, in the opinion of the Management Committee, be advantageously carried on by the Club in connection with or ancillary to any of the above objectives.

C. To purchase or otherwise acquire and undertake all or any part of a business, property, assets, liabilities and transactions of any person, firm or Club carrying on any business which this Club is authorised to carry on.

D. To retain the assets and profits of the Club over and above that required for current expenditure as capital of the Club, and not to distribute same save in compliance with the Constitution of the Club.

E. To abide by the directives given from the various leagues and the F.A.I and to embrace any suggested codes of ethics they shall direct so as to remain in membership of the Football Association of Ireland and their associated leagues.

F. It is an objective of the Club that all information held by the club shall comply with the Data Protection Acts.

G. The Constitution of the Club shall be subject to the Laws of Ireland and the European Union including Employment Legislation.

CONSTITUTION of CONFEY FOOTBALL CLUB

Preliminary

The "Management Committee" means the Elected Officers for the time being of the Club or the Officers present at a meeting of the Management Committee and include any person occupying the position of Officer by whatever name called.

"year" means the period between two successive Annual General Meetings.

"financial year" means the annual accounting period decided by the Club (generally the football season from 1st August to 30th June).

"Secretary" means any person appointed to perform the duties of the Secretary of the Club.

"the office" means the address of the Secretary of the Club.

"AGM" / "EGM" refers to Annual General Meeting / Emergency General Meeting

Expression referring to writing shall, unless the contrary intention appears, be construed
as including reference to printing, lithography, photography, facsimile, photocopying and any other modes of representing or reproducing words in any visible or audio form.

All expressions referring to a team manager shall, unless the contrary appears, be construed as including reference to the assistant(s) managers also.

All expressions referring to the masculine gender shall be deemed to include the feminine

 

1. Membership

Membership of the Club shall be in the categories listed below:-

  • All players correctly registered for the club shall be members.
  • All Managers and Assistant Managers shall be members.
  • All Management Committee Officers (and sub-committee officers) shall be members (only persons over the age of 18 shall be eligible to become Officers of the Club)
  • All trustees are members.
  • Child Welfare officer(s)
  • Parental Representatives shall be members.

The Club shall put in place a policy of vetting all appointees so far as is reasonably and
practically possible.

 

2. Registration & Membership fees.

There shall be a defined registration fee payable by the playing membership on an annual basis. This fee shall be fixed by the Finance Sub-Committee for ratification by the Management Committee each year and shall have a designated date by which payment MUST be paid. Failure to meet this deadline may result in the withdrawal of eligibility to play. The Finance Sub-Committee may review hardship cases on an individual basis and act accordingly.

 

2.1. The payment, in full, of registration fees entitles the player to be a member of the Club.

The Membership register shall reopen following the AGM / start of the new season.

2.2. If the fees of the member are not paid up in full, they shall be considered void. Each annual fee receipt shall be numbered.

2.3. The Club shall not give, whether directly or indirectly, and whether by means of a loan guarantee, the provision of security, any monetary assistance for the purpose of or in connection with the purchase or subscription made or to be made by any person of or for any membership in the Club. However the Finance Sub-Committee may view hardship cases on an individual basis and act accordingly so as to meet the objectives of the Club.


3. Transfer of Membership

Membership of the Club is not transferable.

 

4. General Meetings

4.1. All general meetings of the Club shall be held in the state.

4.2. The Club shall in each year hold a general meeting as its annual general meeting in addition to any other meetings in that year and shall specify the meeting as such in the notices calling it and not more than 14 months shall elapse between the date of one annual general meeting of the Club and that of the next.

4.3. The annual general meeting shall be held at such time and place as the Management Committee shall appoint.

4.4. The quorum for annual general meeting attendance is 25.

4.5. All general meetings requiring the attendance of a quorum of the full membership other than annual general meetings shall be called extra-ordinary general meetings.

4.6. The Management Committee may whenever they think fit convene an extraordinary general meeting and extraordinary general meetings shall also be convened on such requisitions or in default may be convened by such requisitions of 75% of the voting members of the Club.

4.7. Honorary Member nominations and terminations may only be voted on at General Meetings.

 

5. Notice of General Meetings

5.1. An annual general meeting and/or a meeting called for the passing of a special resolution shall be called by 21 day's notice in writing at the least and a meeting of the Club (other than an annual general meeting or a meeting of the passing of a special resolution) shall be called by
14 days notice in writing at the least. The notice shall be exclusive of the day on which it is served or deemed to have been served and of the day for which it is given and shall specify the place, the day and the hour of the meeting and in the case of special business the general nature of that business and shall be given in manner hereinafter mentioned to such persons as are under
the regulations of the Club entitled to receive such notice from the Club. Notice of annual general meetings and extraordinary general meetings shall be placed in a local newspaper, on the club's website, additional notices may also be placed in locations of local public interest (e.g.) shop notice boards.

5.2. The accidental omission to give notice of a meeting to or the non-receipt of notice of a meeting by any person entitled to receive notice shall not invalidate the proceedings at the meeting.

 

6. Proceedings At General Meetings

6.1. All business shall be deemed special that is transacted at an extraordinary general meeting and also all that is transacted at an annual general meeting with the exception of the consideration of the accounts, balance sheet, the reports of the Management Committee and auditors, the election of Officers in the place of those retiring, the re-appointment of
the retiring auditors and the fixing of the remuneration of the auditors (if required).

6.2. No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business save as herein otherwise provided twenty five members present in person shall be a quorum

6.3. If within a half hour from the time appointed for the meeting a quorum is not present the meeting if convened upon the requisition of members shall be dissolved in any other cases it shall stand adjourned to the same day, time and place in the next week or to such other day and at such other time and place as the Management Committee may determine (not sooner than
seven days) and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum.

6.4. The Chairperson, if any, of the Management Committee shall preside as Chairperson at every general meeting of the Club or if there is no such Chairperson or if he is not present within 15 minutes after the time appointed for the holding of the meeting or is unwilling to act the Management Committee present shall elect one of their number to be Chairperson of the
meeting.

6.5. If at any meeting no Officer is willing to act as Chairperson or if no Officer is present within 15 minutes after the time appointed for the holding of the meeting the members present shall choose one of their number to be Chairperson of the meeting.

6.6. The Chairperson may, with the consent of any meeting at which a quorum is present and shall if so directed by the meeting adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjournment meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is
adjourned for 30 days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment of the business to be transacted at an adjourned meeting.

6.7. At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded:

  • by the Chairperson, or
  • By any member or members present in person

6.8. Unless a poll is so demanded, a declaration by the Chairperson that a resolution has on the show of hands been carried or carried unanimously, or by a particular majority or lost and an entry to that effect in the book written containing the minutes of the proceedings of the Club shall be conclusive evidence of the fact without proof of the number of proportion of the votes recorded in favour of or against such resolution. The demand for a poll may be withdrawn.

6.9. If a poll is duly demanded it shall be taken in such manner as the Chairperson directs and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

6.10. Where there is an equality of votes whether on a show of hands or on a poll the Chairperson of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.

6.11. A poll demanded on the election of a Chairperson or on a question of adjournment shall be taken forthwith. A poll demanded on any other question shall be taken at such time as the Chairperson of the meeting directs and any business other than that on which a poll is demanded may be proceeded with pending the taking of the poll.

 

7. Votes of Members

7.1. All Club Members over the age of 18 years have a right to vote (unless restricted through the category of membership).

7.2. Each underage team may nominate 2 parental representatives to vote on behalf of that team

7.3. Subject to any rights or restrictions for the time being attached to any class or classes of membership on a show of hands every member present in person shall have only one vote.

7.4. No member shall be entitled to vote at any general meeting unless all calls or other sums immediately payable by him in respect of membership in the Club have been paid.

7.5. No objection shall be raised to the qualification of any voter except at the meeting or adjourned meeting at which the vote objected to is given or tendered and every vote not disallowed at such meeting shall be valid for all purposes. Any such objection made in due time shall be referred to the Chairperson of the meeting whose decision shall be final and conclusive.

 

8. Management Committee

8.1. The number and the names of the Management Committee shall be determined by the members of the Club or a majority of them.

8.2. The Management Committee may be paid travelling, hotel and other expenses properly incurred by them in attending and returning from meetings or the Management Committee or any committee of the Management Committee or general meetings of the Club or in connection with the business of the Club.

8.3. An Officer of the Management Committee of the Club may not remain in his position should he become an active member in the Management Committee of another Club. He shall resign or be deemed to have done so should he become involved in the committee activities of another football Club. His membership to Confey F.C. shall be withdrawn at this time. He shall not hold Management Committee Office or voting rights within the Club.

 

9. Powers and Duties of Management Committee

9.1. The business of the Club shall be managed by the Management Committee who may pay all expenses incurred in promoting and registering the Club and/or it players/members. They may exercise all such powers of the Club required to be exercised by the Club in general meeting subject nevertheless to any of these regulations, and to such direction being not inconsistent with the aforesaid regulations or provisions as may be given by the Club in general meeting but no direction given by the Club in general meeting shall invalidate a prior act of the Management Committee which would have been valid if the direction had not been given.

9.2. An Officer who is in any way whether directly or indirectly interested in a contract or proposed contract with the Club shall declare the nature of his interest at a meeting of the Management Committee and such interest shall be recorded and Best Practice observed.

9.3. An Officer shall not vote in respect of any contract or arrangement in which he is so interested and if he shall so vote his vote shall not be counted nor shall he be counted in the quorum present at the meeting but neither of these prohibitions shall apply to:

  • Any arrangement for giving any Officer security or indemnity in respect of money lent by him to or obligations undertaken by him for the benefit of the Club;
  • Any arrangement for the giving of the Club of any security to a third party in respect of a debt or obligation of the Club for which the Officer himself has assumed responsibility in whole or in part under a guarantee or indemnity or by the deposit of a security;
  • Any contract or arrangement with any other Club in which he is interested only as an officer of such other Club or as a holder of shares or other securities in such other Club.

 

9.4. These prohibitions may at any time be suspended or relaxed to any extent and either generally or in respect of any particular contract arrangement or transaction by the Club in Annual General Meeting.

9.5. An Officer may hold any other office in conjunction with his office of Committee Member for such period and on such terms as the Management Committee may determine in the event of there not being sufficient numbers or willing participants to take up the said position. The holding of a second office does not carry additional voting rights.

9.6. Any member may act by with approval of the Management Committee in a professional capacity for the Club and he or his firm shall be entitled to remuneration for the professional services as if he were not a member but nothing herein contained shall authorise a member or his firm to act as auditor to the Club unless appointed to do so at a General Meeting. He shall disclose his professional interest in order that there is no conflict of interest at the
earliest possible time.

9.7. All cheques, promissory notes, drafts, bills of exchange and other negotiable instruments and all receipts for monies paid to the Club shall be signed, drawn, accepted, endorsed or otherwise executed as the case may be by such person or persons and in such manner as the Management Committee shall from time to time by resolution determine. However there shall
always be a requirement for two signatures on any cheques, promissory notes, or other negotiable instruments one of which MUST be that of the Treasurer.

9.8. The Management Committee - through the Secretary, shall cause minutes to be made

  • Of all appointments of officers made by the Management Committee or elected at General Meeting or appointed sub-committees.
  • Of the names of the Management Committee present at each meeting of the Management Committee and of any committee of the Management Committee or sub-committee.
  • Of all resolutions and proceedings at all meetings of the Club and of the Management Committee and of committees of Management Committee.

9.9. The Management Committee shall deal with all disciplinary matters directly or through the offices of a football sub-committee so appointed with terms of reference.

9.10. The Management shall appoint sub-committees as required for the activities of the Club; however the Management Committee shall have at least one Committee member sitting on such sub-committees. All sub-committees are responsible to the Management Committee and shall submit a
copy of each meetings minutes to the Club Secretary for record purposes.

9.11. The Management Committee shall have the power and authority to deal with all matters not covered within this constitution; however they shall have any decisions ratified or otherwise at the next General Meeting.

9.12. The Management Committee may -

(a) Purchase, take on lease or in exchange, hire or otherwise acquire and hold for any estate or interest any lands, buildings, easements, rights, privileges, concessions, patents, licences, machinery, plant, and any real or personal property of any kind for such consideration and
on such terms as may be considered expedient to meet the Clubs objectives.

(b) Borrow or raise or secure the payment of money for the purpose of or in connection with the Clubs business.

(c) Mortgage and charge the undertaking and all or any real and personal property and assets, present or future, or further to secure any securities of the Club by a trust deed or other assurance.

(d) Issue and deposit any securities which in the Club has power to issue by way of mortgage to secure any sum less than the nominal amount of such securities, and also by way of security for the performance of any contracts of any obligations of the Club or other persons or corporations having dealings with the Club, or in whose business or undertakings the Club is
interested, whether directly or indirectly.

(e) Receive money on loan upon such terms the Club may approve, and to guarantee the obligations and contracts or any person or corporation.

(f) Invest and deal with the moneys of the Club not immediately required for the purpose of its operation in or upon such investments or securities and in such manner as may from time to time be determined.

(g) Invest that part of the Capital of the Club which is for the time being not in productive use in any fund or otherwise as the Management Committee deem fit and in accordance with the law and with sound financial judgement and Best Practice.

(h) Purchase or otherwise acquire and undertake all or any part of a business, property, assets, liabilities and transactions of any person, firm or Club carrying on any business which this Club is authorised to carry on.

(i) Sell, improve, manage, develop, turn to account, exchange, let on rent, or otherwise, grant licences, easements and other rights in or over, and in any other manner deal with or dispose of the undertaking and all or any of the property and assets from the time being of the Club for such consideration as the Management Committee may think fit.

 

10. Disqualification Of Management Committee

10.1. The position of a Management Committee Officer shall be vacated if the officer:

  • Ceases to be a member of the club or
  • Becomes prohibited from being a Officer by reason of any order made by the Courts of the land, or
  • Becomes of unsound mind, or:
  • Resigns his office by notice in writing to the Club, or:
  • Is convicted of an indictable offence unless the Management Committee otherwise determine, or:
  • Is for more than two months absent without permission of the Management Committee from meetings of the Management Committee held during that period.
  • Becomes an active management committee member in another football club.

 

11. Rotation of Management Committee

11.1. At the annual general meeting of the Club all the Management Committee shall retire from office.

11.2. A retiring Officer shall be eligible for re-election.

11.3. The Club may from time to time by ordinary resolution increase or reduce the number of Management Committee.

11.4. The Management Committee shall have the power at any time and from time to time to appoint any person to be an Officer either to fill a casual vacancy or as an addition to the existing Management Committee but so that the total number of Management Committee shall not at any time exceed the number fixed in accordance with these regulations. Any Officer so appointed shall hold office until the next following annual general meeting and shall then be eligible for re-election. The person appointed shall be the next person in rotation who failed to be elected though nominated at the previous Annual General Meeting / EGM or if they are unwilling to take up the position the next by rotation.

11.5. Should there not be a nominated person available or any willing to take the position the Management Committee may co-opt an existing Member to the Committee providing two thirds of the Committee agree.

11.6. The Club may, by ordinary resolution of which extended notice has been given, remove any Officer or Member before the expiration of his period of office or Membership notwithstanding anything in these regulations or in any agreement between the Club and such Officer or Member.
Such removal shall be without prejudice to any claim such Officer or Member may have for damages for breach of any contract of service between him and the Club, providing the disciplinary procedure has been adhered to and natural justice served.

11.7. The Club may by ordinary resolution appoint another person in place of an Officer removed from office under the preceding regulation and without prejudice to the powers of the Management Committee under previous regulations in this section, the Club in general meeting may appoint any person to be an Officer either to fill a casual vacancy or as an additional
Officer. A person appointed in place of an Officer so removed or to fill such a vacancy shall be subject to retirement at the same time as if he had become an Officer on the day on which the Officer in whose place he is appointed was last elected as an Officer.

 

12. Proceedings Of Management Committee

12.1. The Management Committee may meet together for the dispatch of business adjourn and otherwise regulate their meetings as they think fit. Questions arising at any meeting shall be decided by a majority of
votes. Where there is an equality of votes, the Chairperson shall have a second or casting vote. An Officer may, and the Secretary on the requisition of an Officer shall at any time summon a meeting of the Management Committee. If the Management Committee so resolve, it shall not be necessary to give notice of a meeting of Management Committee to any Officer who being resident in the State is for the time being absent from the state.

12.2. The quorum necessary for the transaction of the business of the Management Committee may be fixed by the Management Committee and unless fixed shall be five.

12.3. The continuing Management Committee may act notwithstanding any vacancy in their number but if and so long as their number is reduced below the number fixed by or pursuant to the regulations of the Club as the necessary quorum of Management Committee, the continuing Management Committee or Officer may act for the purpose of increasing the number of Management
Committee to that number or of summoning a General Meeting of the Club but for no other purpose.

12.4. The Management Committee will recognise the Club Chairperson as Chairperson of their meetings, but if the Chairperson is not present within 10 minutes after the appointed time for holding the same, the Management Committee present may choose one of their number to be Chairperson of the meeting.

12.5. The Management Committee may delegate any of their powers to committees / sub-committees consisting of such member(s) of the Club as they think fit. Any committee so formed shall in the exercise of the powers so delegated conform to any regulations or terms of reference that may be
imposed on it by the Management Committee.

12.6. A committee may elect a Chairperson of its meetings, if no such Chairperson is elected or if at any meeting the Chairperson is not present within 10 minutes of the appointed time for the holding of same, the members may choose one of their number to act as Chairperson of the meeting.

12.7. A committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of members present and where there is an equality of votes the Chairperson shall have a second or casting vote.

12.8. All acts done by any meeting of the Management Committee or of a committee of Management Committee or by any person acting as an Officer shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such Officer or person acting as
aforesaid, or that they or any of them were disqualified be as valid as if every such person had been duly appointed and was qualified to be a Officer.

12.9. A resolution in writing signed by all the Management Committee for the time being entitled to receive notice of a meeting of the Management Committee shall be as valid as if it had been passed at a meeting of the Management Committee duly convened and held.

12.10. The Club Committee shall ensure that all FAI and league requirements are in place and effective pertaining to all aspects of football. (i.e.) insurances, welfare officers etc.

12.11. The Management Committee may from time to time nominate honorary members to be voted upon at the Annual General Meeting - such nominations may also be revoked.

 

13. Club Chairperson

13.1. The Annual General Meeting shall appoint one or more of themselves to the office of Club Chairperson for such period and on such terms as they think fit and subject to the terms of any agreement entered into in any particular case may revoke such appointment. A Member so appointed shall whilst holding that office be subject to the same terms of retirement as other Committee members. The Chairperson shall only hold office so long as he is a member of the Club and does not become a member of the Management Committee of another football club. His appointment shall be automatically determined to ceases should he be removed from membership of the Club or be disqualified from being an Officer of the Club.

13.2. The Management Committee may entrust to and confer upon a Club Chairperson any of the powers exercisable by them upon such terms and conditions and with such restrictions as they may think fit and either collaterally with or to the exclusion of their own powers and may from time to time revoke withdraw alter or vary all or any of such powers.

13.3. At the Annual General Meeting the outgoing Chairperson shall act as Chair to the meeting throughout the meeting unless the incoming Chairperson wished to take up immediate office.

 

16. Club Secretary

The Secretary shall be appointed by the Members at an Annual General Meeting or EGM for such time and upon such conditions as they may think fit and any Secretary so appointed may
be removed by them should he become disqualified from being a member of the Club. His appointment shall be to the following AGM at which time he must resign though may make himself eligible for re-election. The Secretary shall only hold office so long as he is a member of the Club and does not become a member of the Management Committee of another football club. His appointment
shall be automatically determined to ceases should he be removed from membership of the Club or be disqualified from being an Officer of the Club

 

17. Treasurer

17.1. The Management Committee through the Office of Treasurer shall cause proper books of accounts to be kept relating to:

  • All sums of money receivable and expended by the Club and the matters in respect of which the receipt and expenditure takes place, and
  • All sales and purchases of goods by the Club, and
  • The assets and liabilities of the Club.

17.2. Proper books shall not be deemed to be kept if there are not kept such books of account as are necessary to give a true and fair view of the state of the Club's affairs and to explain its transactions.

17.3. The books of account shall be kept with the Treasurer or at such other place as the Management Committee think fit and shall at all reasonable times be open to the inspection of the Management Committee. These books of account shall be available at each General Meeting or AGM if required.

17.4. The Management Committee shall from time to time determine whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the Club or any of them shall be open to the inspection of the members not being Management
Committee and no member (not being a Officer) shall have any right to inspecting any accounts or books or document of the Club except authorised by the Management Committee or by the Club in General Meeting.

17.5. The Management Committee shall from time to time cause to be prepared and to be laid before the Annual General Meeting of the Club such profit and loss accounts, balance sheets, and reports as are required by those sections to be prepared and laid before the annual general meeting of the Club.

17.6. A copy of every balance sheet (including every document required by good financial practice to be annexed thereto) which is to be laid before the Annual General Meeting of the Club together with a copy of the Management Committee' report shall not less than 10 days before the date of the annual general meeting be made available to every person entitled view them.

17.7. Through the office of Treasurer the Club shall ensure that it is properly reimbursed for any players who successfully completes football trials and is transferred another Club, any such reimbursement shall have a ‘sell on' clause contained therein in order that the Club maximise the
benefit of having nurtured the player in the first instance

 

18. Club Child Welfare Officer

The Management Committee shall be responsible for the appointment of the Child Welfare Officer(s), whose duties shall be in keeping with the training and directives of the Football
Association of Ireland. Contact information regarding the C.W.O shall be provided to all those so directed by the F.A.I. guidelines.

The Child Welfare Officer(s) are deemed to be voting members of the club.

The role of the Child Welfare Officer(s) shall encompass vetting of officers of the club as
directed by Management Committee

Child Protection Act 1991 & Protection for Persons Reporting Abuse Act 1998.

18.1. The Management Committee shall ensure that ‘Any act, statement, conduct or other matter, which harms a child or children or poses or may pose a risk to a child or children shall constitute behaviour which is improper and brings the Club into disrepute' shall be investigated where applicable, the Child Welfare Officer informed and the necessary disciplinary action taken
against the person or persons should a case be proved.

18.2. The Club shall adopt the ‘Code of Ethics' as produced by the F.A.I.

18.3. Not withstanding any of this constitution all matters shall be governed by the laws of the land and precedence thereto. However special note should be taken regarding certain laws that may have greater impact or importance to the running of a football club (e.g.) The Registration
of Clubs (Ireland) Act 1904 and all amendments thereto, Child Protection Act 1991 & Protection for Persons Reporting Abuse Act 1998 and all amendments thereto, The Criminal Justice (Public Order) Act 2003 and all amendments thereto and the Intoxicating Liquor Act 1988 and all amendments thereto.

 

19. Managers / Assistant Managers / Coaches and persons involved with Teams

19.1. All managers / assistant managers / coaches and persons involved with teams shall agree to submit themselves to the Clubs vetting policy & procedures (which may include an in depth background check). Any person who does not comply with this regulation shall not be considered to be part of the Club and therefore is not afforded the protection of the Club insurance policy etc.

19.2. All managers / assistant managers / coaches and persons involved with teams shall be governed by the Management Committee as the authority of the Club or their appointed sub-committee and as such shall comply with directives issues regarding the efficient and safe running of the Club - (e.g.) Pitch allocation & marking equipment allocation, internal
& external player transfers etc.

19.3. All managers / assistant managers / coaches and persons involved with teams shall be governed by the Management Committee as the authority of the Club and are obliged to attend at disciplinary meetings if requested (failure to attend may result in the person being suspended until they attend the meeting). They shall be subject to the disciplinary procedures as per this constitution.

 

20. Miscellaneous

20.1. Grievance Procedure

In the interest of fairness and natural justice, and to ensure the proper conduct of Club
business, certain provisions to deal with matters of grievance and discipline are necessary.

If a member has a grievance which they consider to be genuine in respect of any aspect of their membership, they have a right to a hearing by their immediate team manager as circumstances
warrant. If they are unhappy with the outcome of the hearing they may appeal directly to the Football Sub-Committee. They may be accompanied by a fellow Member or other representative at this hearing. They must have a written basis of appeal presented 48 hours beforehand to the secretary of that committee in order that facts may be established for the hearing and members or others notified. Members (appellants) duly notified that they are required at a hearing
must attend as directed or if not available at that date must make themselves available within the following ten days - failure to do so may negate their membership.

 

20.2. Disciplinary Procedure

The following procedure will be followed before a decision to remove a member from Membership
or take other disciplinary action is taken.

A full investigation will be carried out by the Club through a sub-committee. You may be suspended whilst pending the outcome of such investigation. There shall be no undue delay in conducting this investigation. All information gathered shall remain confidential unless required and demanded by the laws of the land.

You will be informed of the reasons for the proposed dismissal / disciplinary action and you will have the right to state your case. You may be accompanied, if you wish, by a fellow Member of your choice or other appropriate representative.

You may appeal to the Management Committee through the office of The Secretary if a decision is taken to dismiss or discipline you at the conclusion of the above. You have 7 days in which to make this appeal in writing stating the basis for the appeal. The appeal should be addressed to the Club Secretary. The 7 days excludes weekends and bank holidays.

The Management Committee shall then establish an Appeals panel (which shall exclude investigating Officers though may include other Members other than Officers of the Club so as to strike a balance) who shall hear from the complainant, you and Chairperson of the investigation team. They shall have within their remit the power to decide to reduce, amend or increase the severity of the disciplinary action already taken.

Certain serious breaches of Club rules, custom and practice, may result in your being dismissed without notice, an example of such breaches is listed below (the list is not
exhaustive and other matters could be considered serious breaches also).

  • Pilfering/ Fraud within the Club.

(i) Drinking or taking or possession of drugs (other than those medically prescribed) whilst playing football for the Club.

(ii) Taking or possession of drugs (other than those medically prescribed or legal within the Law of the Land) whilst involved in a Club activity.

  • Assaulting another Member of the Club whilst involved in a Club activity.
  • Assaulting an opponent or referee or league official.
  • Assaulting any person other than those mentioned whilst involved in a Club activity.
  • Bringing the name of the Club into serious disrepute. (Defining serious could be exhaustive though common sense should be employed.)
  • Abusive behavior / actions -between members / opposition / referees - both verbal and abusive.

 

20.3. Indemnity/Insurance

Every Officer, managing Officer, agent, auditor, secretary and other officer for the time
being of the Club shall be indemnified out of the assets or insurance of the Club against any liability incurred by him in defending any proceedings whether civil or criminal in relation to his acts while acting in such office in which judgement is given in his favour or in which he is acquitted.

This indemnity shall be valid on the understanding the Officer, Chairperson, Treasurer, auditor, Secretary was acting in the best interest of the Club and to the best
of their knowledge within the law of the land and by implication with no intent to cause hardship to the Club in any way be that financial loss, loss of reputation or credibility in the eyes of reasonable men.

The Club will maintain a public liability insurance policy to cover all members or those assisting with club events or activities. This cover shall include person to
person cover.

The Club shall maintain a public liability insurance policy to cover all members, players,
managers, assistant managers or those assisting the aforementioned - whilst they are attending club authorised activities.

The Secretary shall make available a process and procedure directive which is to be advised to all managers who shall further the details to those operating under his direction as to the manner in which insurance claims may be made.

 

20.4. Borrowing Powers

The Management Committee may exercise all the powers of the Club to borrow money and to
mortgage or charge its undertakings property and uncalled capital or any part thereof and to issue securities whether outright or as security for any debt liability or obligation of the Club or of any third party so however that the amount for the time being remaining un-discharged of monies borrowed or secured by the Management Committee as aforesaid (apart from temporary loans obtained from the Club's bankers in the ordinary course of business) shall not at any time without the previous sanction of the Club in general meeting exceed the nominal amount of the share capital of the Club for the time being issued but nevertheless no lender or other person dealing with the Club shall be concerned to see or inquire whether this limit is observed. No debt incurred or security given in excess of such limit shall be invalid or ineffectual except in the case of express notice to the lender or the recipient of the security at the time when the debt was incurred or security given that the limit hereby imposed had been or was thereby exceeded.

 

20.5. Notices

A notice may be given by the Club to any member personally or by sending it by post to him to
his registered address. Where a notice is sent by post, service of the notice shall be deemed to be effective by properly addressing, prepaying and posting a letter containing the notice and to have been effected in the case of the notice of a meeting at the expiration of 24 hours after the letter containing the same is posted and in any other case at the time at which the letter would
be delivered in the ordinary course of post.

Notice of every general meeting shall be given in any manner hereinbefore authorised to every
member; and no other person shall be entitled to receive notices of general meetings.

20.6. Winding up

If the Club is wound up, the liquidator may with the sanction of a special resolution of the
Club and any other sanction required, divide among the members in specie or kind the whole or any part of the assets of the Club (whether they shall consist of property of the same kind or not) and may for such purpose set such value as he deems fair upon any property to be divided as aforesaid and may determine how such division shall be carried out as between the members. The
liquidator may with the like sanction vest the whole or any part of such assets in trustees upon such trusts for the benefit of the contributories as the liquidator with the like sanction shall think fit but so that no member shall be compelled to accept any share or other securities whereupon there is any liability.

If the Club is wound up all remaining assets having first paid all liabilities shall revert to
a football club who hold the same objectives at laid down in this constitution.

 

20.7. Bodies Corporate Acting By Representatives At Meetings

Any body corporate which is a member of the Club may by resolution of its Management Committee or other governing body authorise such person as it thinks fit to act as its representative at any meeting of the Club or of any class of members of the Club and the person so authorised shall be entitled to exercise the same powers on behalf of the body corporate which he represents as that body corporate could exercise if it were an individual member of the Club. Written authorisation must be sent in advance to the Club Secretary giving full details of the named representative

Submitted by UID1 on Tue, 12/18/2007 - 12:11.