Constitution

SOUTH DEVON CC - Clun Constitution (Updated 06/12/2022)
1. THE CLUB
i) The Club shall be called South Devon Cricket Club (“the Club”) and shall be affiliated to Devon Cricket and the England and Wales Cricket Board
2. AIMS
i) The aims of the Club shall include, but not be limited to:
(a) The provision of facilities for cricket to be played within the Parishes of Newton Abbot at youth and senior levels.
(b) The promotion of the game within the Newton Abbot and surrounding community
(c) Furthering the enjoyment of the game in the local community.
(d) To ensure a duty of care to all members of the club by adopting and implementing the ECB Safe Hand – Welfare of Young People in Cricket Policy and any future versions of the Policy.
(e) The Club shall adopt and implement the ECB Cricket Equity Policy and any future versions of this policy.
3. CRICKET
i) Cricket shall be played at all times under the current laws issued by the Marylebone Cricket Club.
4. MEMBERSHIP
i) The Club may have different classes of membership and subscription on a non-discriminatory and fair basis.
ii) The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.
iii) Any person of eighteen years of age or more shall be eligible for full membership. Persons below the age of eighteen may join as junior members without a right to hold office or to exercise the powers of voting.
iv) Membership shall be open to anyone interested in the sport of cricket on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.
v) Application for membership of the club shall be by completion of an application form.
vi) A member may resign by written notice to the Club but the return of any subscription paid is at the discretion of the Club.
vii) The Club may refuse membership or remove it at their discretion but only for good cause such as conduct or character likely to bring the Club or cricket into disrepute.
viii) The CMC may only refuse to admit a new member if a resolution has been passed
and the person in question has been notified in writing and given fourteen (14) days to submit written representation to the CMC.
ix) Any appeal against refusal of membership should be made to the Disciplinary Committee and ultimately to the Club President whose decision shall be final.
x) Classes of membership will be established under the Club’s Membership Policy
xi) Only members of the Club shall be entitled to play for the Club on a regular basis
5. SUBSCRIPTIONS
i) The amount of subscription, match fees and other dues from members shall be agreed and set each year at the AGM.
ii) Subscriptions from all members shall be due on 1st May, either by payment in full, a direct debit / standing order being in place or other arrangement to the satisfaction of the membership secretary.

iii) Any member not paying the full subscription by 31 May shall cease to be a member and shall be required to apply for new membership (unless sufficient cause be shown to the satisfaction of the CMC)
6. OFFICERS
i) The Club Officers shall consist of the President; Chair; Vice-Chair; Secretary; Treasurer; Club Welfare Officer; Fixture Secretary; First XI and 2nd XI Captains and Director of Cricket
ii) Other appointments may be made by vote at an AGM to specific posts such as ; Statistics and webmaster; Publicity:
7. MANAGEMENT
i) Management of the entire Club shall be deputed to the Club Management Committee (CMC).
ii) The composition of CMC shall consist of:
President, Chair, Vice Chair, Hon. Club Secretary, Hon. Treasurer,1st and 2nd XI Captains, Club Welfare Officer, Director Of Cricket, Junior Cricket Chair
iii) The club shall appoint a cricket Club Welfare Office to ensure compliance with safeguarding legislation and the ECB Safe Hands Policy. The Club Welfare Officer shall report to relevant Committee meetings and the reports, together with any action taken, must be minuted.
iv) The President of the Club shall be entitled to attend as a full member of CMC.
v) Additional members of the CMC may be nominated and elected at the AGM.
vi) The CMC may co-opt other members to serve on the CMC to facilitate the effective working of the CMC.
vii) The CMC shall meet no less often than every two months.
viii) Sub-Committees may be formed at the discretion of the CMC and shall meet as often as necessary. They will report to the CMC. Membership would be by invitation and chaired by a member of the CMC.
ix) A quorum of the CMC shall consist of no fewer than 6 members (to include a minimum of 2 officers), and up to 15 members.
x) Minutes shall be taken of all CMC meetings and shall be open to the inspection of any full member of the Club applying to the Secretary in writing indicating the item upon which the minute is required.
xi) Subject to a simple majority vote, the CMC may adopt and implement policies regarding any and all aspects of club management as they see fit.
8. ELECTION OF OFFICERS AND MEMBERS OF COMMITTEES
i) The election of Officers and Members of the CMC shall take place at the Annual General Meeting.
ii) All Officers and Members of the CMC shall retire but shall be eligible for re-election.
iii) Any two members may propose any other candidate or candidates by notice in writing to the Secretary at any time prior to the AGM.
iv) Any member over the age of eighteen shall be eligible for election.
v) Nominations from the floor shall be accepted by the AGM only where both proposers and the nominated candidate are present and agree.
vi) Voting shall be by show of hands.
vii) The candidate with the largest number of votes in favour shall be elected and in the case of two or more candidates receiving an equal number of votes the Chair of the General Meeting shall have a second or casting vote.
vii) In the event of a vacancy occurring after the AGM, the CMC shall have powers to appoint any member to fill such vacancy.
ix) Notwithstanding the above, the President shall be invited to serve by the CMC and confirmed by the AGM and shall hold office until death or resignation unless removed from office by a resolution of the CMC or members.
x) A Consultative Committee shall be established consisting of three members of the CMC (The President, Chair and one other) and 3 members elected by and from current Honorary Life Members and Vice Presidents and Full Members. This Committee shall meet as often as appropriate and shall be consulted:
(a) where a vacancy exists for Club President or a future replacement is under consideration
(b) prior to recommending new Honorary Life Members
(c) on such other matters concerning Club standards, management and procedures as shall be considered necessary.
9. ANNUAL GENERAL MEETING (AGM)
i) The annual General Meeting of the Club shall be held upon a date and at a time to be fixed by the CMC.
ii) The AGM should take place on a date between the 1st November and 31st January following the end of the season.
iii) It should take place for the following purposes:
(a) To receive from CMC an audited report, balance sheet and statement of account for the preceding financial year and an estimate of the receipts and expenditure for the current financial year.
(b)To set levels of subscription and match fees for all playing and non-playing members (as set out in para.5).
(c) To elect the officers of the Club: to make such other appointments as may be required and referred to in para. 6 above; and to appoint an auditor for the ensuing year.
(d) To decide on any resolution which may be duly submitted to the meeting as hereinafter provided including resolutions for the appointment of new Honorary Life Members.
10. RESOLUTION
i) Any member desirous of moving any resolution at the AGM shall give notice thereof in writing to the Secretary not less than seven days before the date of such meeting.
11. NOTICE OF ANNUAL GENERAL MEETING
i) Notice of the Annual General Meeting shall be sent to all full members at least twenty-one (21) days before the AGM or any special general meeting.
ii) Such notice shall include an agenda, reports, audited balance sheet, statement of accounts and estimates, and nomination forms.
iii) No business other than that of which notice has been so given shall be brought forward at such meeting.
12. SPECIAL GENERAL MEETING
i) The CMC may at any time for any special purpose call a special general meeting and they shall do so forthwith upon receipt in writing of any ten members stating the purpose for which the meeting is required.
13. CHAIR AND VOTING
i) At all general meetings of the Club the President and in the absence of the President a member selected by the meeting shall take the chair.
ii) Honorary Life Members, Vice Presidents and Full Members shall be entitled to vote and shall have one vote upon every motion.
iii) In the case of equality of votes the Chair shall have a second or casting vote.
14. QUORUM
i) The quorum at all general meetings shall be as follows: for motions proposing any repeal of amendment of the Constitution, 15 (fifteen) members; for motion relating to the expulsion of any member, 15 (fifteen) members; for any other business, 10 (ten) members.
15. FINANCIAL YEAR
i) The financial year of the Club shall end on the 30th September in each year, to which day the accounts of the Club shall be balanced.
16. DISCIPLINE
i) It shall be a disciplinary offence for any member in the course of or in connection with a cricket match to misconduct him or herself or to act at any time in a manner likely to prejudice the good name or interest of the Club, or in any other manner contrary to the clubs Code of Conduct.
ii) For the purpose of these Rules the expression “the member” shall through these rules be deemed to mean and include not only any player but also any member or official of the Club or if appropriate any other person involved in any incident of possible misconduct occurring on the field of play or on the premises of the Club as may be appropriate in the particular circumstance.
iii) The CMC of its own volition and without any need for the receipt of a written complaint or other prompting shall where any possible case of misconduct occurs as stated above, or otherwise as the Club may think fit, forthwith convene an internal inquiry to consider any possible misconduct involving a player or member of the Club or as appropriate any other persons involved in the incident on the field or play or premises of the Club.
iv) The internal inquiry shall be conducted by a Disciplinary Committee of not less than three members appointed by the CMC.
v) The purpose of the internal inquiry shall be to establish the facts and where appropriate to take the necessary disciplinary action so as to ensure that the Club does not fail properly to control or discipline its players and members, and to ensure that the Club acts in a manner designed to protect the good name of the Club and of cricket generally.
vi) Conduct of the internal inquiry shall be in accordance with procedures approved by the rules of the ECB.
vii) The internal enquiry shall have the following powers:
(a) If the misconduct constitutes gross misconduct the Club shall have the power to terminate the member’s membership of the Club forthwith.
(b) To suspend the member’s membership of the Club for a period.
(c) To suspend the member’s right to be considered for selection by the Club to play in one or more matches.
(d) To record a reprimand and to give a warning as to future conduct in the case of a first offence.
vii) Where the CMC has imposed any penalty the member shall have the right of appeal to the President of the Club or to the President’s nominee for a review of the findings of the internal enquiry and of the penalty or penalties imposed.
ix) The decision of the President or his or her nominee in all cases shall be final and binding.
17. EXPLUSION
i) If at any time the CMC shall be of the opinion that the interests of the Club so require, they may by letter suspend any member from the Club for a period not exceeding six weeks or invite any member to resign from the Club within a time specified in such letter.
ii) In default of his or her resignation the question of his expulsion shall be submitted to a special general meeting to be held within three weeks after the date specified in such letter as the date before which he or she shall have been invited to resign.
iii) The member whose expulsion is sought shall have notice of such meeting and the grounds on which it is sought to expel him or her.
iv) At such meeting the member shall be allowed to offer an explanation for his conduct verbally or in writing, and if two thirds of the members present shall vote for his expulsion he or she shall thereupon cease to be a member of the club.
18. PAYMENT TO MEMBERS
i) No member shall, except for professional services rendered at the request of the CMC, receive any profit or emolument from the funds or transactions of the Club.
19. BORROWING
i) If at any time the Club in general meeting shall pass a resolution authorising the CMC to borrow or lend money, the CMC shall thereupon (and only in such circumstances) be empowered to borrow or lend for the purposes of the Club, such amount in money either at one time or from time to time and at such rate of interest and in such form and manner and upon such security as shall be specified in the resolution.
20. INVESTMENT
i) The CMC shall be solely empowered in the management of the Club funds including powers to set aside and deposit such sum or sums as it thinks fit from time to time, for the long term security and development of the Club.
ii) Such finds shall be so designated at the time the deposit is first made and shall be recorded in the minutes of the CMC. The CMC shall have powers to move and re-invest such funds as it sees fit.
iii) However any expenditure in excess of £2,500 should only be undertaken after the Signatories of the account have been advised of this intent.
iv) No member shall conduct any business, venture, event or any other activity using the name of the club without prior authorization from the CMC, except where their existing club role allows for this.
v) No member shall make any purchases for or on behalf the club (for which they expect reimbursement) without prior authorisation from either the Treasurer (for £50 or less) or the CMC (for amounts over £50) .

21. ACCOUNT SIGNATORIES
i) The Signatories of the account will be appointed at the AGM of the club.
ii) There should be no fewer than three signatories. Signatories should be life members, vice-presidents or full members of the club
22. DISSOLUTION OF THE CLUB
i) The members may vote to dissolve the Club if not less than three quarters of those eligible to vote at a properly convened General Meeting support such a proposal.
ii) The CMC shall then be responsible for the orderly winding up of the Clubs affairs.