GENERAL
1.
This
constitution provides for the regulation of York Cubs Football Club (“the
Club”) presently of the Mount School Playing Fields,
York The Knavesmire,
2.
Deleted
3.
This constitution shall
come into effect on the 1st day of June 2003 amended
from 22nd May 2005, re-amended from 21st May
2006, 27th
May 2007, 8th
June 2008 and 7th
June 2009
4.
The
objects of the Club shall be to arrange association football matches for the
children of members and social activities for its members.
5.
These
rules form a binding agreement between each member of the Club.
6.
Unless
this constitution provides otherwise decisions at general meetings shall be
made by a simple majority of those present at the meeting indicating by a show
of hands or otherwise indicating that they are agreed (“an ordinary
resolution”).
RULES AND REGULATIONS (GENERAL
PROVISIONS)
7.
The
Club shall have the status of an Affiliated Member Club of The Football
Association by virtue of its affiliation to North Riding County Football
Association. The Rules and Regulations of The Football Association Limited and
parent
8.
The
Club will also abide by The Football Association’s child protection policies
and procedures, codes of conduct and the equal opportunities and
anti-discrimination policy.
CLUB MEMBERSHIP
9. Deleted and replaced with 9A
9A Members of the Club shall be the parents or carers of a child who is registered as a player for the current season. There is one member per registered child who shall be identified as a member by inserting his or her name as "Parent 1" on the Registration Form. This person shall have a vote in all matters of club business at AGM and EGM. The Secretary and/or Treasurer shall keep all of the registration forms until the end of the season and he or she may compile a list of all members of the club .
10.
Any
person who wishes to become a member of the Club may apply orally or in writing to
register their child as a player using the current registration form. Election to membership by the
person described as Parent 1 will be the normal
consequence of a player’s registration being accepted but will not become
effective until the membership fee has been paid. shall be at the absolute discretion of the Club Management
Committee. Membership shall become effective upon an applicant’s name being
entered in the membership register.
11. Deleted
12.
Deleted
13.
The
Football Association and North Riding County Football Association shall be
given access to the membership register on demand.
14.
In
the event of a member’s resignation or expulsion, his or her name shall be removed from struck off the membership register
and the corresponding player’s registration will be
cancelled.
ANNUAL MEMBERSHIP FEE
15.
An
annual fee shall be payable in respect of each membership, the value of which
shall be determined from time to time by the Club Management Committee. Fees
paid shall not be refundable.
16.
The
Club Management Committee shall have the power to vary the membership fee
payable by any person or family according to individual circumstances. Any
variations shall remain confidential to the Club Management Committee.
17.
Deleted
18.
The
Club Management Committee shall have the authority to levy further subscriptions
from the members as are reasonably necessary to fulfill the objects of the
Club. This includes the payment of any fee levied at training sessions
(“training fees”) and match days (“match fees”)
CODES OF CONDUCT
19.
Each
member shall have an obligation to read the codes of conduct which are attached to this constitution displayed on the club web site. Each code represents
the best practice for coaches, parents, players and club officials and should
be followed at all times in the spirit and the letter. Members have an
obligation also to ensure that any child who represents the club understands
his or her obligations to the club, themselves and the game.
CHILD PROTECTION
20.
It
is the obligation of every member to promote and protect the interests of every
child and young person connected with the club. This includes match opponents
as well as York Cubs players. Any concerns regarding the welfare of any child
or young person must be reported immediately to the Child
Protection Officer Club Welfare Officer.
21.
Each
member must familiarise themselves with the child protection statement which is
attached to the codes of practice.
EQUITY AND EQUAL TREATMENT
22.
All
members are under an obligation to familiarise themselves with the
anti-discrimination and equal treatment policy. York Cubs FC is committed to
equal treatment of all people in accordance with its policy. It shall be a
serious disciplinary offence for any member to act in contravention of that
policy and may lead to expulsion from the club.
RESIGNATION, EXPULSION AND
DISCIPLINARY PROCEDURES
23.
A
member shall cease to be a member of the Club if, and from the date on which,
he/she gives notice to the Club Management Committee of their resignation. A
member (or in the case of a family membership, both
members) whose annual membership fee or further subscription is more
than 2 months in arrears shall be deemed to have resigned.
24.
The
Club Management Committee shall have the power to expel a member when, in their
unanimous opinion (for reasons which are recorded in the minutes of the meeting
at which the decision is taken), it would not be in the interests of the Club
for them to remain a member.
25.
Any
person who has been expelled may call a general meeting within 7 days for the
purpose of proposing a resolution overturning the decision of the Club
Management Committee. If the resolution is passed by at least half of the members
present (the Club Officers shall be entitled to vote) the Club Management
Committee’s decision to expel the member is automatically rescinded and the
person concerned will remain of member of the Club.
26.
It
is the duty of the Club Secretary to notify every Club member of the date of
the general meeting and to indicate to the person calling the meeting that
he/she has done so.
27.
A
member who resigns or is expelled shall not be entitled to claim any share of
the Club property.
28.
The
Club Management Committee shall have the power to suspend any member for a
period not exceeding 28 days when, in their unanimous decision, the member
concerned has been guilty of misconduct.
29.
Misconduct
might include (but is not limited to): abusing or swearing at any player, match
official or official of an opposing club; attending any match or training
session drunk or heavily under the influence of intoxicants; leaving a child
for whom they are responsible at any match or training session without the
prior knowledge or consent of a club official or team coach; refusing to pay
any match fee or training fee; or repeated breaches of any code of conduct.
30.
There
shall be no appeal from any decision to suspend a member and, unless the Club
Management Committee indicate otherwise neither the member nor any child for
whom he/she is responsible may attend training or play in matches for the
period of the suspension.
THE CLUB MANAGEMENT COMMITTEE
31.
The
Club Management Committee shall consist of the following Club officers:
Chairman, Treasurer, Secretary, Assistant Secretary,
Girls Secretary, five directors Business
Development Manager, and Child
Protection Officer Club Welfare Officer
elected at an Annual General Meeting. The
Secretary may also appoint an assistant who will have all the powers and
responsibilities of Secretary if the Secretary is absent from a committee
meeting.
31A The club membership at the Annual General
Meeting shall have the power to elect a President, who shall, if elected, is
entitled to attend meetings of the Club Management Committee and vote on any
issue which arises therein. It is not a requirement of this Constitution that
the post of President be filled, but if a person is elected the post shall be
regarded as an honorary position without limit of time, subject only to
resignation, death or removal by a special resolution of the AGM or an EGM
convened for that purpose.
32.
Except
as provided for in articles 31, 31A and 35.
Any vacancy on the Club Management Committee which arises between Annual
General Meetings or which was not filled at the last
AGM shall be filled by a member who has been proposed by one of the
remaining Club Management Committee members and approved by a simple majority of the remainder , a club member may
only become a Club officer if he is proposed by a member and receives a simple
majority of votes cast in an election held for the purpose of electing a person
to that office.
33.
Each
club officer and Club Management Committee Member save
for the President if elected under article 31A, shall hold office from
the date of appointment until the next Annual General Meeting except for death,
resignation or as otherwise resolved at a Special General Meeting.
34.
An outgoing member of
the Club Management Committee may be re-elected.
35.
Any vacancy on the Club Management Committee which
arises between Annual General Meetings or which was
not filled at the last AGM shall be filled by a member who has been
proposed by one of the remaining Club Management Committee members and approved
by a simple majority of the remainder registering a vote from at least one of
the remainder
36.
The
Club Management Committee shall be responsible for the management of all the
affairs of the Club. Decisions of the Club Management Committee shall be made
by a simple majority of those attending the Club Management Committee meeting
and in the event of an equality of votes the Chairman shall have the casting
vote. The quorum for the transaction of business of the Club Management
Committee shall be three two.
37.
Decisions
of the Club Management Committee of meetings shall be recorded
in minutes entered into the minute book of the Club to be maintained by
the Club Secretary. Minutes shall be kept for a period of not less that 3 years
and may be inspected by any Club member, the Football Association, or the North
Riding County Football Association on demand.
38.
Any
member of the Club Management Committee may call a meeting of the Club
Management Committee by giving not less than 5 days’ notice to all members of
the Club Management Committee. The Club Management
Committee shall hold not less than one meeting in any two month period.Unless in the opinion of the chairman there is no club
business to discuss, the Club Management Committee shall hold not less than one
meeting in any three month period
39.
Save
as provided for in the Rules and Regulations of The Football Association and
the
ANNUAL AND SPECIAL GENERAL
MEETINGS
40.
An
Annual General Meeting (AGM) shall be held in each year on the first Sunday in
June, or as near thereto as the Secretary in his absolute discretion shall
decide
41.
The
purpose of the AGM is for the members to : (i) receive a report of the
activities of the Club over the previous year, (ii) receive a report of the
Club’s finances over the previous year,
(iii) approve a budget for the following year, (iv) select the members
of the Club Management Committee, (v) consider any other business.
42.
Nominations
for election of Club members as members of the Club Management Committee shall
be made orally or in writing and must be proposed at the AGM by an existing member
of the Club.
43.
Notice
of any resolution other than the election of officers to be proposed at the AGM
shall be given in writing to the Club Secretary not less than 3 days before the
meeting, and the Club Secretary shall draw up an agenda indicating the matters
for discussion and the resolutions proposed.
44.
A
Special General Meeting (SGM) may be called at any time by the Committee or
shall be called within 14 days of the receipt by the Club Secretary of a
requisition in writing signed by not less than 30 per cent of the membership
stating the purposes for which the Meeting is required and the resolutions
proposed. Business at an SGM may be any business that may be transacted at an
AGM.
45.
The
Secretary shall send to each member at their postal or
email address disclosed on the registration form
or, where different, their last known address or by email written notice of the date of an SGM any General
Meeting together with the resolutions to be proposed at least 7 days
before the Meeting, subject to any amendment for
reasons under article 43.
46.
The
quorum for a General Meeting shall be not less the half
one quarter of the number of members existing
at the date of the meeting. It shall be the duty of the
Secretary to pronounce to the assembled members the numbers of club members at
the date of the SGM before the meeting can proceed to determine if it is
quorate. The Secretary must bring to the meeting the membership register for
inspection if required.
47.
The
Chairman, or in their absence a member selected by the Club Management
Committee, shall chair the meeting. The Chairman may vote on any resolution
before the meeting.
48.
The
Club Secretary, or in their absence a member of the Club Management Committee,
shall record
the meeting in minutes enter Minutes of
General Meetings into the Minute Book of the Club.
ELECTIONS & VOTES
49.
Unless
there is a resolution passed to the contrary all votes shall be by a show of
hands.
50.
Where
there is more than one person who wishes to be elected a club officer an
election shall be held.
51.
A
person shall be elected when he/she obtains a simple majority of all votes cast
in the election. Where an election contained more than two candidates ten the
candidate who polled the least number of votes is eliminated and the election
shall be held again. This procedure shall be repeated as many times as
necessary until there is a clear winner. Where there remain only two candidates
remain tied the tie shall be resolved by the toss of a coin.
CLUB TEAMS
52. At its first meeting following each AGM, the Club Management Committee shall appoint up to two Club members to be responsible for each of the Club’s football teams. The appointed members (who may nevertheless hold any other Club office) shall be responsible for managing the affairs of the team.
CLUB FINANCES
53.
A
bank account shall be opened and maintained in the name of the Club (the Club
Account). Designated account signatories shall be the Club Chairman, Secretary, Treasurer and
one director. No sum shall be drawn from the Club Account except by
cheque signed by two of the three designated signatories. All monies payable to
the Club shall be received by the Treasurer and deposited in the Club Account.
54.
The
income and assets of the Club (the Club Property) shall be applied only in
furtherance of the objects of the Club.
55.
The
Club Management Committee shall have power to authorise the payment of
remuneration and/or expenses to any person or persons for services rendered to
the Club.
56.
The
Club Management Committee shall not be authorised to make expenditure on any
expense or series of similar expenses which exceeds £750 £1,000, nor to incur a debt with the Club bankers of
more than £500 without the express approval of a general meeting convened for
that purpose.
57.
The
Club shall prepare an annual Financial Statement in such form as shall be
published by The Football Association from time to time.
CLUB PROPERTY
58.
The
Club Property, other than the Club Account, shall be vested jointly in each member of the Management Commitee not less than two and no more than four custodians, one of
whom shall be the Treasurer (“the Custodians”), who shall deal with
the Club Property as directed by decisions taken at Management
Committee Meetings of the Club Management
Committee and entry in the Minute Book shall be conclusive evidence
of such a decision.
59.
The Custodians shall be appointed by
the Club at the AGM and shall hold office until the resignation, death or
removal by a resolution passed at a general meeting.
60.
On their removal or resignation a
Custodian shall execute a Conveyance in such form as is published by The
Football Association from time to time to a newly-elected Custodian or the
existing Custodians as directed by the Club Management Committee. On the death
of a Custodian, any Club Property vested in them shall vest automatically in
the surviving Custodians. If there is only one surviving Custodian, a Special
General Meeting shall be convened as soon as possible to appoint another
Custodian.
61.
The Custodians shall be entitled to
an indemnity out of the Club Property for all expenses and other liabilities
reasonably incurred by them in carrying out their duties.
INSURANCE
62.
The
Club Management Committee must take out a policy of professional indemnity and
public liability insurance (the cost of which is to be met from club funds)
sufficient to indemnify the club and its officials against liability to any
person.
63.
A
copy of any certificate of insurance and/or confirmation of cover must be held
by the secretary with the register of members and the secretary must make the
original document available for inspection on demand to any member or to any
DISSOLUTION
64.
A
resolution to dissolve the Club shall only be proposed at a General Meeting.
Where there is such a proposal article 46 (quorum)
shall be read as if one-half were substituted for one-quarter, and the proposal
shall be carried by a majority of at least three-quarters of the members
present.
65.
The
dissolution shall take effect from the date of the resolution and the members
of the Club Management Committee shall be responsible for the winding up of the
assets and liabilities of the Club.
66.
Unless
there is agreement to the contrary by at least three-quarters of the members
present at the general meeting which resolves the dissolution of the Club, any
surplus assets remaining after the discharge of the debts and liabilities of
the Club shall be transferred to the parent Association who shall determine how
the assets shall be utilised for the benefit of the game.
Dated 1st June 2003
Amended [with amendments in red and deletions in strikethrough] by the AGM on 22nd May 2005
Re-amended [with re-amendments in blue and deletions in strikethrough]
by the AGM on 21st May 2006
Re-amended [with re-amendments in green and deletions in strikethrough]
by the AGM on 28th May 2007
Re-amended [with re-amendments in purple and deletions in
strikethrough] by the AGM on 8th June 2008
Re-amended [with re-amendments in pink and deletions in strikethrough]
by the AGM on 7th June 2009
This document is part of our FA Charter
Standard. It defines the legal entity of the club and regulates our
relationship with it. Amendments are in red, re-amendments are in blue, green, purple or pink according
to which AGM ratified them, and the corresponding deletions are struck out.