ACE Constitution

CONSTITUTION, RULES AND REGULATION OF ATHLETICS CLUB EERSTERUST
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CONSTITUTION AND GENERAL RULES AND REGULATIONS OF ATHLETICS CLUB EERSTERUST (ACE)
Article                                              Index                                                                                   Page
1                                                        Definition and terms                                                          2
2                                                        Objective                                                                             3
3                                                        Name and legal entity                                                       3
4                                                        Jurisdiction                                                                         3
5                                                        Head Office                                                                         3
6                                                        The colours of the club                                                      4
7                                                        Membership                                                                       4
8                                                        Membership fees and registration of athletes              5
9                                                        Honorary life membership                                              6
10                                                      Structure                                                                            7
11                                                      Annual General and Special general meetings              7
12                                                     Notice of annual general meetings                                   8
13                                                     Voting at meetings                                                             8
14                                                     Quorum at meetings                                                          8
15                                                     Procedures at meetings                                                     9
16                                                     Voting procedures at meetings                                         10
17                                                      Management                                                                      10
18                                                      Duties of the elected management                                  11
19                                                      Meetings of management                                                 12
20                                                      Powers and duties of management                                 13
21                                                       Authority of management                                               14
22                                                       Forfeit of position                                                             14
23                                                       Disciplinary action against members                             15
24                                                       The management committee                                          15
25                                                       Rules for athletic meetings                                              16
26                                                       Financial controls                                                              18
27                                                       Assets and liability                                                            18
28                                                      Social responsibility                                                           18
29                                                      Communication                                                                  18
30                                                      Termination of the club                                                    19
31                                                      Changing the constitution of the club                              20

2                                                        CONSTITUTION

1. Definition and Terms
Definitions and terms used in the constitution –
1.1 ACE – Athletics Club Eersterust
1.2 AGN – Athletics Gauteng North
1.3 AGM – Annual General Meeting
1.4 ASA – Athletics South Africa
1.5 Athletics – includes all aspects of athletics i.e. Track and Field, Cross Country, Road Running, Coaching, Officials, Administrators and Management.
1.6 Management – The management of the club according to paragraph 17 of the constitution.
1.7 SGM – Special General Meeting as per paragraph 11 of the constitution.
1.8 Management Committee – The management committee of the club as per paragraph 21 of the constitution.
1.9 Urgent matters– That is matters that, if decisions on them are delayed for more than 7 days, could have a negative impact on the club.
1.10 Constitution – The constitution of Athletics Club Eersterust.
1.11 IAAF – The International Association of Athletics Federations.
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1.12 Members – Registered members of ACE
1.13 Standing Committee – The coordinator of a standing committee is also a member of management.
1.14 Ad-hoc Committee – Committee compiled for a specific purpose i.e. compiling the annual program. The committee dissolves upon completion of a project.
2. Objective
2.1 The objectives of the club is –
2.1.1 To promote athletics in all aspects;
2.1.2 To eliminate all forms of discrimination in the sport;
2.1.3 To promote the club to the benefit of its members.
3. Name and Legal entity
3.1 The name of the Club is Athletics Club Eersterust and is managed in terms of its constitution.
3.2 The Club is a non-profit driven sporting club
4. Jurisdiction
4.1 The Club falls under the Jurisdiction of AGN and ASA.
5. Head office
5.1 The head office of the club will be in Eersterust.
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5.2 Moving of the head office can only take place with the approval of a two thirds majority of the registered members present at an AGM or SGM, subject to proper notice of the meeting.
6. The colours of the club
6.1 The Club colours is White, Red and Yellow
6.2 A change of club colours can only take place with the approval of a two thirds majority of the registered members at an AGM or SGM, subject to proper notice of the meeting.
7. Membership
7.1 Membership of the club shall be obtained by means of –
7.1.1 Applying on the prescribed application form;
7.1.2 Payment of membership fees;
7.1.3 Management reserves the right to refuse membership;
7.2 Membership is subject to the rules of the Club, AGN and ASA.
7.3 Membership may be suspended or terminated if a member is found guilty of misconduct.
7.4 Membership is valid from January until January the following year or as approved/directed by AGN.
7.6 Management may recommend honorary life membership to be awarded for approval at an AGM or SGM.
7.7 Members of the Club should behave in a responsible manner and should adhere to the following:
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7.7.1 Members must commit to attend all league races for the year. A minimum of 50% attendance at league races are expected. Any exceptions will be based on merit.
7.7.2 Members shall be dressed in Club attire when participating in races and licences should be worn at the front and rear side of a members Club vest
7.7.3 Members shall attend and support all organising meetings of the Club’s annual race.
7.7.4 Members shall assist in all fund raising activities of the Club.
7.7.5 Members must bring any concerns to the attention of the management in writing. Management must address these concerns in an amicable manner.
7.7.6 Members must conduct themselves in an ethical, honourable and decent manner in public and at races
8. Membership fees and registration of athletes
8.1 Membership fees will on an annual basis be determined by management.
8.2 The membership fees include, amongst others, AGN registration fees, club administration fees, and refreshments at league races.
8.3 Juniors, pensioners, and unemployed members may qualify for reduced membership fees subject to management approval.
8.4 Management may on a case by case basis consider request from club members to pay a reduced membership fees subject to availability of funds
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9. Honorary Life Membership
9.1. In exceptional circumstances Honorary Life Membership may be extended to a member. The following procedure shall apply:
9.1.1 The name and motivation of such member to be honoured shall be submitted to the management in writing by any member or members in good standing.
9.1.2 Management shall consider the proposal and, if found acceptable, shall record it.
9.1.3 It shall be regarded as a Notice of Motion and shall be put to the vote at the following Annual General Meeting.
NB: The nominee, if present, will leave the meeting while this item is under discussion until the vote is taken.
9.2 Honorary Life Membership Criteria:
9.2.1 The nominated member must be a registered member for more than 20 years and/or:
9.2.2 Must be a member which made an exceptional contribution to the Club
9.3. Honorary Life Member shall be accorded the following privileges:
9.3.1 Not be liable for annual club membership fees
9.3.2 Such membership shall be the highest honour the Club may bestow on a member and a certificate to that effect shall be presented to the nominee.
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9.3.3 Every Honorary Life Member of the Club shall, subject to any restriction imposed by the constitution, be entitled to hold office and use any amenities or facilities provided as to any other registered member.
10. Structure
10.1 Control of the club is structured as follows –
10.1.1 The Annual General Meeting (AGM)
10.1.2 The Management
10.1.3 The Management Committee
10.2 Ad-hoc committees could be formed to perform specific projects as identified by management, other club members or non-club members could be co-opted for that purpose.
11. Annual General Meeting (AGM) and Special General Meeting (SGM)
11.1 The Annual General Meeting forms the highest authority of the Club and will be held at least once a year, but not later than the end of March in the second year.
11.2 A Special General Meeting (SGM) of the club may be constituted –
11.2.1 As per a management decision, or
11.2.2 A request in writing, signed by at least seven members of the club, stating clearly the objective of the meeting to be held. The Secretary will then arrange for a SGM within twenty one days after such a request was received.
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12. Notice of annual general meeting
12.1 The AGM will be constituted in writing by management, indicating the date, time and venue of the meeting. Such a notice will be sent to members at the latest three (3) weeks before the date of the meeting. The notice will also request for nominations for the management positions to be selected and motions to be submitted.
12.2 All nominations and motions should reach the secretary at least two weeks before the meeting.
12.3 The final notice of the AGM including the agenda, the minutes of the previous meeting and any motions received will be sent to members latest seven days before the meeting.
13. Voting at meetings
13.1 Each member older than 13 years of age has one vote.
13.2 Each honorary life member has one vote
14. Quorum at meetings
14.1 At the AGM and SGM at least 10 members attending will form a quorum
14.2 At the management meetings at least 4 members attending will form a quorum
14.3 At any committee at least 2 members will form a quorum
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15. Procedures at meetings
15.1 At the AGM the Chairperson, and if he is not available, the Vice-Chairperson of the Club will chair the meeting. If both are absent the meeting will select a Chairperson from the members present.
15.2 The agenda of the meeting will follow the sequence below:
15.2.1 Establish if there is a quorum and constitute the meeting;
15.2.2 Read and confirm the notice of the meeting;
15.2.3 Establish that the minutes have been read and approval of the minutes. Both of the previous meeting and any SGM meetings held;
15.2.4 The submission, discussion and approval of the annual report;
15.2.5 The submission and approval of the audited financial statements;
15.2.6 The discussion and approval of motions that was submitted according to the prescriptions of the constitutions;
15.2.7 The awarding of colours;
15.2.8 The election of the new management of the club.
15.3 The agenda of the SGM will follow the sequence below:
15.3.1 Read and confirming the notice of the meeting;
15.3.2 The discussing of the matters that were submitted according to the prescribed procedure.
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15.4 No proposal or amendment on the agenda of the AGM or SGM can be made without the permission of the meeting. If the original instigator of the proposal is not present, any member at the meeting will have the right to take his position and will for that purpose have the same rights as the original instigator to promote and motivate the proposal.
16. Voting procedures at meetings
16.1 All decisions to be voted for will be by the raising of hands except if requested by two or more members, or if the chairman takes such a decision, the voting will be by ballot papers. In the case of a tie in votes, the chairman will have the decisive vote.
16.2 The election of management will be by ballot papers and according to the following conditions.
16.3 Nominations must be in writing, properly seconded and accepted by the nominee in writing
16.4 The position for which the candidate is nominated must be indicated.
16.5 If there is no nomination for a specific position, the person holding the position at present will automatically be re-elected.
16.6 To be elected on a key management position a person must be an active member of the club for at least 2 years
16.7 The term of elected management team for a period of 3 years. Members may be re-elected for another term in the same position.
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17. Management
17.1 The following management committee shall be elected at the Annual General Meeting.
17.2 Chairperson
17.3 Vice Chairperson
17.4 Club Captain
17.5 Vice Club Captain
17.6 Treasurer
17.7 Secretary
17.8 Vice Secretary
17.9 Statistician
17.10 Public Relations Officer
17.11 Development Officer
18. Duties of the elected management
18.1 Chairperson– shall act as Chairperson at all General and Committee Meetings and shall act as the Club’s representative where required.
18.2 Vice Chairperson– shall assist the Chairperson and shall act as Chairperson in his absence.
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18.3 Club Captain– shall encourage and assist Athletes, organise training sessions and maintain keenness.
18.4 Vice Club Captain – shall assist the Club Captain and in the absence of the Club Captain he shall assume the duties of the Club Captain.
18.5 Treasurer – shall be responsible for the accounts, books and financial statements of the Club.
18.6 Secretary – shall be responsible for the good administration of the Club affairs.
18.7 Statistician – shall keep record of all performances by club members and publish these records on a regular basis as required by the committee.
18.8 Public Relations Officer– shall be responsible for compiling, printing and distribution of the Club Newsletter as well as the marketing and promotion of the club.
18.9 Vice Secretary – shall assist the secretary with the correspondence, the registration of all members , management of club kid and other administration work.
8.10 Development Officer – shall develop, manage and implement the development programme in consultation with the relevant people of the different commissions of athletics (Track and Field, Cross Country and Road Running).
19. Meetings of management
19.1 Management will meet at least once a month unless an alternative decision is taken.
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19.2 The secretary will see to it that proper notice of the meeting is given to all involved.
19.3 Four members will be a quorum.
19.4 Voting will be by the raise of hands except if two members request voting by ballot paper.
19.5 In the case of a tie of votes, the chairman will have the decisive vote.
19.6 Minutes will be kept of all meetings.
20. Powers and duties of management
20.1 Apart from any powers and duties granted to management in this constitution, the following additional powers, responsibilities and decisions will be performed by management –
20.1.1 To fill any vacancy by co-option
20.1.2 Arrange for the AGM
20.1.3 Submit to AGM the audited financial and annual reports
20.1.4 Take legal action on behalf or in defence of the club
20.1.5 Arrange the annual club race or any other meetings on behalf of the club
20.1.6 Keep a register of performances of members of the club
20.1.7 Co-opt additional members for specific tasks
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20.1.8 To arrange for disciplinary hearings and summons any person (club or non-club member) to give evidence in such hearings
20.1.9 To prepare an annual plan reflecting the year program and an income and expense budget
20.1.10 Collect the budget of the standing committees for approval and inclusion into the budget of the club.
21. Authority of management
21.1 Apart from the powers and duties indicated in paragraph 20, management has the authority to –
21.1.1 To compile a disciplinary committee as paragraph 23 to investigate any complain brought before them
21.1.2 To arrange for disciplinary hearings and summons any person (club or non-club member) to give evidence in such hearings.
21.1.3 To open bank accounts and manage all financial aspects of the club
21.1.4 To decide on and make payments of any honorariums as and when required. Such payment should be reported at the AGM
21.1.5 Give financial support to club members where and when necessary.
21.1.6 Particulars of financial support given will form part of the annual financial report at the AGM
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22. Forfeit of position
22.1 If a member of management did not attend 3 successive management meetings without a proper excuse or six successive management meetings with a proper excuse, he/she will forfeit their position. This will be automatically and management will take action to fill the position as soon as possible by means of co-option. The member that lost its position can however appeal to management to reconsider its position by motivating its actions. This however should be done within two weeks after last of the three meeting that he/she did not attend.
23. Disciplinary action against members
23.1 Complaints received by management of any misbehaviour of any member or action(s) that could bring the sport (athletics) or club in disrepute, should be investigated and if found guilty, brought before the disciplinary committee for a disciplinary hearing.
23.2 The member involved will be informed within 14 days of such action to be taken place, what the complaints are and where and when his/her presence should be required for a disciplinary hearing.
23.3 The disciplinary committee will consist out of the chairman, the vice-chairman and a nominated member, known for his expertise in this respect. The nominated member will be identified by management.
23.4 The finding of the hearing will be conveyed to the member within 14 days and AGN will be informed of the finding.
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24. The management committee
24.1 The management committee will consist of –
24.1.1 The chairman
24.1.2 The vice chairman
24.1.3 The secretary
24.1.4 Treasurer
24.1.5 Club Captain
24.2 Urgent matters to be handled by the management committee would be those that cannot wait until the next management meeting without having a negative effect on the running of the club. Decisions taken by the management committee should be submitted for approval at the next management meeting.
24.3 In the case of urgent matters two members of the management committee will form a quorum
24.4 The Chairperson has an ordinary and decisive vote
24.5 The management committee meets when the chairman or secretary identifies a need for such a meeting
25. Rules for athletic meetings
25.1 All meetings presented by the Club will be under the rules of AGN, ASA and IAAF
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26. Financial controls
26.1 The financial year of the Club will be from 1 January to 31 December;
26.2 Financial control will remain the responsibility of the Club’s management. Management should ensure that –
26.2.1 Financial records are maintained and that all transactions are properly recorded;
26.2.2 The Club’s financial records kept in a safe place;
26.2.3 A current account is opened at any commercial bank; The Chairperson, Treasurer and Secretary should have signing authority on cheques, whereby any of the above two persons may sign and authorise a cheque payment.
26.2.4 If the Club’s financial transactions are conducted via an electronic banking platform, the Treasurer (or any other person involved in the transaction) should notify the Chairperson and Secretary immediately via an sms notification or electronic mail of the transaction;
26.2.5 Surplus funds in the current account may be transferred to a interest bearing or money market account. If necessary, the interest earned from the abovementioned account may be utilised to absorb bank charges incurred on the current account, The Treasurer in collaboration with the Chairperson or Secretary is responsible for the transfer of funds between the current and interest bearing accounts;
26.2.6 The Treasurer should provide management with regular updates of the Club’s financial position, preferably during management meetings;
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26.2.7 If deemed necessary, Management may request the Treasurer to provide copies of bank statements of all the Club’s bank accounts;
26.2.8 If a cash advance is made by the Treasurer to any member of management or any other person(s) to transact on behalf of the Club, that person(s) is personally liable for the advanced amount until supporting documentation is provided to substantiate the transaction;
26.2.9 Management should continuously strive to maximise income, whilst minimising expenditure;
26.2.10 The financial statements should be tabled at the AGM.
27. Assets and liabilities
27.1 The Club shall be liable for all assets and liabilities of the club.
27.2. An asset register of all assets of the Club must be kept by the Club Captain and Vice Club Captain.
27.3. All assets must be clearly marked for identification purposes.
27.4. Assets must not be used for private purposes.
27.5. Assets will only be borrowed for non-club related activities if approved by management.
27.6. The procurement of assets may only be approved by Management.
28. Social Responsibility
28.1 Management will annually determine an amount towards its social responsibility within the Club.
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28.2 A motivation to financially assist registered members must be submitted to Management for consideration.
28.3 Only registered members who actively participate in Club activities, such as league races, fund raising events, etc. may qualify for assistance.
28.4 A report on the usage of the allocated funds must be provided to members at the AGM.
29. Communication
29.1. Communication with all members will be done via electronic mediums such as e-mail and SMS facilities where possible.
29.2. Only registered members may partake in the communication facilities of the Club.
29.3. A database of all particulars of registered members shall be maintained.
29.4. Communication facilities shall at all times only be used for Club related issues.
29.5. Communication facilities shall not be used for any political or activities that may be of an offensive nature, such as pornography, personal and other obscene nature.
29.6. Members who misuse the communication facilities of the Club may be subjected to the Club’s disciplinary procedures as set out in paragraph 23.
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29.7. The Club will be responsible for any financial expenses required for the maintenance and effective functioning of the communication facilities.
30. Termination of the Club
30.1 The Club will be terminated when –
30.1.1 The members take an anonymous decision to terminate the Club at a SGM or
30.1.2 If the Club can financially not survive or
30.1.3 When there are no members left in the Club.
30.2 Upon termination all the assets of the club will be disposed of, all debts or liabilities settled and the surplus will be donated to a deserving local charity organisation(s).
31. Changing the Constitution of the Club
31.1. A change of the Constitution of the Club can only take place with the approval of a two thirds majority of the registered members present at an AGM or SGM subject to proper notice of the meeting.
31.2. The notice must clearly indicate which article of the Constitution will be changed and what will be included (new) and what will be excluded (old)
31.3. Any changes to the Constitution become effective immediately.
31.4. Any addendums to the constitution reflects operational aspects and as such do not form an integral part of the constitution and could be adjusted by management should the need arises.
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The Constitution, rules and regulations were approved at the AGM held on 22nd March 2014 at the Eersterust Civic Centre
Chairman ……………………………………… Date ………………………….
Secretary ………………………………………. Date ……………………………….