Constitution


CONSTITUTION & INCORPORATED RULES.
(AS RATIFIED AT THE AGM 22/02/16)
1) NAME:
The name of the Society is the COUNTIES MANUKAU RUGBY SUPPORTERS CLUB INCORPORATED. 

2)  OBJECTIVES:
2.1         To foster the support of all Rugby Union within the boundaries of the Counties Manukau Rugby Union.
2.2      To purchase and maintain property, and / or to borrow money that may be necessary for the welfare of the club members and / or for the efficiency of the club operation.
2.3      To obtain access to commodities and services for the advantage of club members, while meeting our obligations to legislation and bylaws affecting those commodities and services.

3) MEMBERS:
3.1 Ordinary Membership shall be open to any persons interested in supporting Counties Manukau Rugby by applying to the Secretary or nominated person of the club. Every application should be made on the prescribed form, and by paying the subscription that is currently in force;
3.1.1 Every applicant for membership expressly agrees by way of membership to abide by the club’s rules written herein and the Club Rules of Entry.
3.1.2 The Committee will decide whether an application is successful, and notify the applicant by letter no later than seven (7) days following the date of the decision.
3.1.3 Any member may resign his or her membership at any time by notice in writing delivered personally or posted to the Secretary, and on such delivery he or she shall cease to be a member of the club, but no such resignation shall relieve the member of payment of any monies being due by him or her to the club.

 


3.1.4 The subscription year is from 1st of January to the 31st of December in any one year. Any member may be deemed to have resigned if subscriptions that are due remain unpaid after the last day in February in any year.
3.1.5 Guests are Authorised customers of the club who must sign onto the Registry while at all times be accompanied by a member of the club. Any person, who is not a Financial Supporters Club Member, can only sign on to the Registry (unless they meet the conditions of clause 3.6) once per season.  Future admission to the Supporters Club from that time is by way of a Financial Membership in compliance with current legislation.

3.2 Honorary Membership shall be bestowed:
3.2.1 To any Counties Manukau Senior A team player who has played 100 games for the Counties Manukau Senior A Rugby Team. This shall be ratified at the following Annual General Meeting (“AGM”) as specified in clause 5.1.7.
3.2.2 Honorary Membership shall give the member full use of the club facilities for life.

3.3 Life Membership shall be bestowed:
3.3.1 To any Counties Manukau Supporter who has given outstanding service to the club. This shall be ratified at an AGM as specified in clause 5.1.7, after the Committee recommendation by majority vote. Notice of such nominations shall be notified at least 14 days prior to the AGM.
3.3.2 Life Membership shall give the member full use of the club facilities for life.

3.4 A Foundation Member shall be a member who has invested in the club to help found it.

3.5 A Permanent Membership shall be:
3.5.1 That purchased by an individual, at a cost (currently $500.00) determined from time to time by the Committee that allows such member Permanent Membership of the Supporters Club.


3.5.2 Permanent Membership shall give the member full use of the club facilities for life.
NOTE: All Memberships issued are intended for the sole use of the applicant, or to that person / persons recognised by the said Membership, and are Non - Transferable to any other party.

3.6 Reciprocal Rights:
Reciprocal Rights are extended to other Rugby Supporters Club Members of other New Zealand Provincial Rugby Unions on presentation of a current financial membership card, should that club have a Reciprocal Rights agreement with Counties Manukau Rugby Supporters Club Inc.

3.7 Expulsion of Members:
3.7.1 If representations be made to the Committee that any member shall have committed a breach of these rules or any regulations made there under, or shall be guilty of insubordination or misconduct which in the opinion of the Committee is injurious or prejudicial to the character welfare or interests of the club, a Special Meeting of the Committee shall be held and such members summoned to attend and wait upon such meeting. Such member if he or she attends shall be informed of the charge against them and after hearing them in explanation or defence at such meeting, or in their absence, the Committee, if it finds such conduct to have been injurious or prejudicial as aforesaid, may either:
a) ADMONISH such member or
b) SUSPEND such member for a period not exceeding six (6) consecutive weeks during which period they shall not be entitled to any of the privileges of membership of the Club, or
c) CALL upon such member to resign AND in default of their resignation being received within seven (7) days of the same being demanded then the Committee may by a majority of two-thirds of the members present at a subsequent meeting of the Committee at which the matter again is considered expel such member and he or she shall forthwith cease to

be a member without releasing him or her from antecedent liability to the Club.
3.7.2 The Committee shall be the sole judge of what consists of misconduct or insubordination and it shall have power to lay down regulations dealing with the conduct and discipline of members.
3.7.3 The quorum for such a meeting of the Committee at which any member is expelled shall be five (5), inclusive of the Honorary Solicitor, Chairman and Secretary or their nominees.

4) MANAGEMENT:
4.1 The officers of the club are those who are a member of the committee (including the society’s contact officer), or a person who holds any office provided for in this section of the club’s constitution while meeting the requirements of current legislation. They shall be elected annually at the AGM (as specified in clause 5).
4.1.1 Patron:  This is a Honorary position recognising someone’s efforts in supporting and championing the club’s cause. The position of Patron holds no power of decision - making and is therefore not liable for actions undertaken by any other officer or the committee of the club.
4.1.2 Chairperson: The Chairperson sets the overall annual committee agenda (consistent with the views of members), helps the committee prioritise its goals and then keeps the committee on track by working within that overall framework. At the operational level, the major function of the Chairperson is to facilitate effective committee meetings. (refer to clause 11.1 for task description)
4.1.3 Secretary: The Secretary is the chief administration officer of the club. This person provides the coordinating link between members, the management committee and outside agencies. (refer to clause 11.2 for task description).
4.1.4 Treasurer: The Treasurer is the chief financial administration officer of the club. This person provides the financial transactions of the club, between members, the management committee and outside agencies


and is responsible for all financial affairs. (refer to clause 11.3 for task description).
4.1.5 Committee Member: The committee manages the operation and affairs of the club. (refer to clause 11.4 for task description).
4.1.6 Honorary Solicitor:  The Honorary Solicitor provides guidance to the club with advice on legal matters that may be outside the powers of the committee while also ensuring legal obligations have been met. This office holds no liability for actions taken without advice or for actions taken outside of advice.
4.2 A “Contact Officer” for the club shall be elected annually by the Committee at its first meeting following an AGM. The “Contact Officer” shall be the clubs elected and nominated point of contact for all matters, and their contact details forwarded to the Registrar of Incorporated Societies.
           4.2.1    The club must at all times have a Contact Officer.
           4.2.2    The Contact Officer must be a member of the Club’s Committee.
4.2.3 The office of Contact Officer may be held separately or in conjunction       with any other office in the club.
4.2.4 A change in the name or contact details of the clubs Contact Officer must be notified to the Registrar of Incorporated Societies within 20 working days of the change occurring.
4.3  A minimum of six (6) and a maximum of ten (10) Committee members inclusive of Chairperson, Secretary and Treasurer shall be verbally nominated, and / or elected by ballot if necessary at each AGM.
4.4  Nominations for all positions must come from current financial members.
4.5  The Counties Manukau Rugby Union shall have the right to appoint one (1) liaison member to the Committee.
4.6  The Committee shall have the power to appoint members from sub-unions not represented and such members shall have full Committee rights. Not more than two (2) such members shall be appointed in one year and only one (1) such appointee shall come from any sub-union.
4.7  The general affairs of the club; including the control and investment of the funds of the club, shall be managed by the Committee.
4.8  The Committee may make bylaws and regulations for internal conduct of the club.

4.9  The Committee shall have the power to fill any casual vacancy in it’s elected members and the persons so appointed shall retire at the next AGM of the club, but shall be eligible for election.

Officers Duty of Care:
All Officers of the club (as described in Section 4 and its sub clauses) when exercising powers or performing duties on behalf of the club; must exercise care and diligence, taking into account;
• the reason for being of the club;
• the nature of the decision; and
• the position of the officer and the nature of the responsibilities undertaken by him or her.
All obligations that have financial or legal bearing on the club, or that demonstrate or may demonstrate a “conflict of interest” by an officer shall be brought to the committee’s attention for resolution.

5) MEETINGS:
5.1 The AGM, of which fourteen (14) days notice shall be given, will be held prior to 30TH November in each year. Notice shall be deemed served by the Chairman or Nominee placing an advertisement in the local paper. The Chairman of the AGM shall be the Chairman of the Club. The business of the AGM shall be:
5.1.1 To receive the Annual Report and duly Audited Balance Sheet;
5.1.2 To elect Officers of the club;
5.1.3 To elect a Committee of a minimum of six (6) and a maximum of ten (10) members;
5.1.4 Matters of which due notice has been given;
5.1.5 To set subscriptions for the coming year;
5.1.6 To conduct general business;     
5.1.7 To ratify any Honorary or Life Membership of which due notification has been given.
5.1.8 Voting rights are for those who are paid financial members.

5.2  A Special General Meeting (“SGM”) of which seven (7) days notice shall be, given may be called at any time by the Committee. It shall be competent for members to call a SGM upon delivery to the Secretary (who must call the meeting within fourteen (14) days) of a requisition signed by not less than ten (10) financial members specifying the object of the proposed meeting.
5.3  Resolutions passed at any Annual General or Special Meeting shall be conclusive and     binding on all members and on the club whether present at the meeting or not.
5.4  At the AGM and / or SGM a minimum of ten (10) members shall form a quorum.
5.5  The mode of voting shall be by show of hands from financial members, but if demanded by any financial member, a ballot shall be taken. All matters (except as provided elsewhere) shall be determined by a majority vote. In the event of an equality of votes the Chairman shall have a Casting vote at all meetings.
5.6  The Committee shall meet not less than six (6) times per year.
5.7   A quorum for committee meetings shall consist of any five (5) members in total.
5.8  At it’s first meeting the Committee shall:
5.8.1 Appoint signatories to cheques and / or other negotiable instruments;
5.8.2 Appoint Committee members to duties and Sub-committees as required;
5.8.3 Appoint / verify the club’s Contact Officer.
5.9 The Committee shall keep minutes of their meetings and proceedings and of all General  and Special meetings of members. They shall keep a record of all receipts and expenditure which accounts, together with the Club’s yearly Balance Sheet, shall be open for inspection by members one week before every AGM.
5.10 The Financial Statements of the Club shall be audited by a suitably qualified person or persons elected at the clubs AGM, who shall not be a member of the Committee and who may determine his / her remuneration.

6) FINANCE:
6.1 The financial year of the club shall commence on the 1st of November and shall terminate on 31st of October. Accounts shall be opened at such bank or banks in the
Counties area as decided by the Committee and shall be operated on by the appointed signatories.

6.2 The funds of the club shall be controlled by the Committee.
6.3 With the consent of the majority of members present at the AGM or SGM, the Committee shall have the power to acquire property, real or personal and / or borrow money for the use of the club either by issue of debenture, mortgage, overdraft, or by a charge on the Club’s property or assets. Further, they shall have the power to expand the funds of the club and incur such liabilities on behalf of the club as it may think expedient towards the promotion of the objects of the club.
6.4 The Committee shall keep insurable property of the club insured against loss or damage by fire or burglary.
6.5 The insurance of any sum in excess of three thousand dollars ($3000.00) shall be authorised only with the sanction of three quarters of the members present at any AGM or SGM convened for this purpose.
6.6 The Committee may from time to time invest and reinvest in such securities and upon such terms, as it shall think fit the whole or any part of the funds of the club, which shall not be required for immediate business of the club.

7) MEMORABILIA:
7.1 The club holds by way of right (either by purchase, loan or donation) many items of memorabilia that may have historical, financial or emotional value. The committee shall, with best intent, be responsible for the safe - keeping of such memorabilia and shall not, without reasonable cause, dispose of any memorabilia without prior notification to and consent of the membership.
7.1.1  Where memorabilia has been purchased by the club this remains direct property of the club and is considered a financial asset of the club.
7.1.2 Where memorabilia such as photos, jersey’s, trophies etc have been collected or sort by the committee over the cause of the clubs existence, these shall be deemed direct property of the club.
7.1.3 Where items have been donated to the club, these shall also be deemed to be direct property of the club; however should the club no longer
wish to display or hold such items; these will be offered back to the donor (or immediate survivor) for first right of possession or disposal.

7.1.4 Where items have been loaned to the club for display; ownership of such property is retained by the benefactor; (i.e. the person / persons or who loaned such property to the club in the first instance).

7.2  With regards to memorabilia concerning Ben Abraham and to the display presented by Ben’s immediate family to the club on Saturday August 15th, 2015; the club hereby appoints two (2) Guardians to his possessions, namely Peter Kelly
and Kelvin Woolley who shall determine, should the need arise, the safe keeping of Ben’s possessions. If neither Guardian is able to complete his responsibility as
Guardian then the committee shall consult with the Abraham family before taking further action.

8) COMMON SEAL:
The common seal of the club shall be in the custody of the Secretary who shall affix it to such documents as the Committee shall direct, in the presence of two (2) members of the Committee who shall, with the Secretary, to every document as sealed.

9) WINDING UP:
The Club may be wound up voluntarily by the resolution of the majority of the financial members present at any General Meeting of the Club called for that purpose at a subsequent General Meeting to be called not earlier than thirty (30) days after that passing of the original resolution. Notice of the passing and confirming of such resolution shall be given by the Committee to the Registrar of Incorporated Societies. In the event of such winding up the property of the Club; with exception to
memorabilia as laid out in clause 7 and in particular that with regard to Ben Abraham as outlined in sub clause 7.2 shall, subject to the payment of its debts and liabilities, and the costs and expenses of winding up, be transferred to either a new identity or otherwise the Counties Manukau Rugby Union.
The Ben Abraham memorabilia must be returned to Peter Kelly.


10) LIABILITY & INDEMNITY
10.1 No member of the club, including the Committee shall be held personally responsible for any debt incurred on behalf of the club except on conviction for criminal charges relating thereto.
10.2 The committee may elect to take Insurance Cover to indemnify officers against liability (and / or costs in defending action or settling any claim or proceeding relating to that liability) to anyone other than the society.

11) TASK DESCRIPTIONS:
11.1 Chairperson – Task Description

TITLE:     Chairperson
RESPONSIBLE TO:   The Club Management Committee

PURPOSE:

The Chairperson sets the overall annual committee agenda (consistent with the views of members), helps the committee prioritise its goals and then keeps the committee on track by working within that overall framework. At the operational level, the major function of the Chairperson is to facilitate effective committee meetings.


SKILLS/QUALITIES REQUIRED:

• Enthusiastic
• Well organised
• Prepared to make a regular time commitment
• Prepared to make instant decisions when necessary
• Confident at some public speaking and keeping order during meetings
• Able to delegate
• Running efficient meetings

MAIN DUTIES:

• Managing the committee and the affairs of the club
• Guide the strategic direction of the club, including overseeing the strategic and annual plans it in place
• Overseeing and guiding all decisions taken by the committee and sub committees
• Oversee the work of all club personnel
• In conjunction with the secretary, prepare and present the annual report
• Liase with the secretary on the Agenda for each meeting
• Be familiar with the constitution, club rules, committee procedures and the National / Regional Sporting Organisation rules and regulations
• Liase with the Treasurer to ensure that financial aspects are appropriately managed.
• Help to prepare and submit any statutory documents that are required (eg. grant aid reports, policies)
• If unable to attend any committee meeting, a written report should be sent to the meeting and the Secretary briefed on the Agenda
• Manage the Annual General Meeting (AGM)
• Represent the club at local, regional and national levels


TIME COMMITMENT:
The estimated time commitment required as the Chairperson is varied depending on the demands but carries a higher commitment of hours per week than the other positions. The Chairperson is appointed for a One Year period.

11.2 Secretary – Task Description

TITLE:     Secretary
RESPONSIBLE TO:   The Club Management Committee

PURPOSE:

The Secretary is the chief administration officer of the club. This person provides the coordinating link between members, the management committee and outside agencies.


SKILLS/QUALITIES REQUIRED:

• Enthusiastic
• Well organised and can delegate tasks
• Prepared to make a regular time commitment
• Office skills
• Decision making skills
• Minute / note taking
• Can communicate effectively


MAIN DUTIES:

MEETINGS

• Make arrangements including venue, date, and time for club meetings
• Prepare and send the agenda for club meetings in consultation with the Chairperson
• Take the minutes of meetings and distribute written minutes as soon as possible after the meeting, to all relevant parties
• Collate and arrange for the printing of the annual report
• Call for and receive nominations for committees and other positions for the club AGM


OTHER
• Act as the public officer of the club liaising with members of the public, affiliated bodies and government agencies.
• Read, reply and file correspondence promptly (including email correspondence)
• Maintain registers of members’ names and addresses, life members and sponsors
• Maintain files of legal documents such as constitutions, leases and titles
• Assist in arranging and supporting events and activities.


TIME COMMITMENT:
The estimated time commitment required as the Secretary is 20 hours per week.
The Secretary is appointed for a One Year period.

11.3 Treasurer – Task Description

TITLE:     Treasurer
RESPONSIBLE TO:   The Club Management Committee

PURPOSE:

The Treasurer is the chief financial administration officer of the club. This person provides the financial transactions of the club, between members, the management committee and outside agencies and is responsible for all financial affairs.

SKILLS / QUALITIES REQUIRED:

• Well organised
• Able to keep records
• Confident about handling figures and money
• Honest
• Prepared to make a regular time commitment


MAIN DUTIES:

• Responsible for the club finances
• Deal efficiently and effectively with all invoices and bills
• Keep up to date records of all the financial transactions
• Ensure that funds are spent properly
• Issue receipts and record all money received
• Attend committee meetings and present the budget report
• Arrange the annual audit if required
• Prepare the end of year accounts / financial report to present to the auditors and to the AGM
• In agreement with the committee plan the annual budget
• Monitor the budget carefully throughout the year

TIME COMMITMENT:
The estimated time commitment required as the Treasurer is 20 hours per week. The Treasurer is appointed for a One Year period.

11.4 General Committee Member – Task Description

TITLE:     General Committee Member
RESPONSIBLE TO:   The Club Management Committee

PURPOSE:

The committee manages the operation and affairs of the club.

SKILLS/QUALITIES REQUIRED:

• Flexible
• Reliable and Honest
• Enthusiastic
• Prepared to make a regular time commitment
• Effective communicator
• Good listener

MAIN DUTIES:

• Attend all club committee meetings
• Attend all other club meetings committee members are expected to attend (e.g. AGM)
• Prepared to assist or stand in for any other club role when required (e.g game days etc.)
• Discuss, vote and make decisions on relevant issues at meetings
• Be familiar with the club’s structure, policies and activities
• Participate fully in all committee work


TIME COMMITMENT:

The estimated time commitment required as the General Committee Member is 52 hours per.
year. The General Committee Member is appointed for a One Year period


12) CONSTITUTION:
The rules of the club may be altered, added to, or rescinded, at any AGM or SGM, provided that notice in writing setting out such alteration, or rescission has been
posted in the club premises with notice of the called meeting not less than fourteen (14) days prior to the meeting.

Updated and Ratified at the AGM held on Monday 22nd February 2016 in accordance with clause 5.1.4 and clause 12 of these Rules.

Chairman:  _______________________________________  ____/____/____   

Secretary:  ________________________________________ ____/____/____ 

Treasurer: ________________________________________ ____/____/____ 

 

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