Constitution RHAC

ROTHERHAM HARRIERS AND ATHLETIC CLUB

CONSTITUTION

Adopted on the 13th day of October 2005.
Clause O para 2 amended at the AGM, 18 Oct 2007.
Clauses D, E & H amended at the 2009 AGM.
# Clause changes to the final paragraph to E7 and to Q2 were agreed at the 2014 AGM
Clause H para 2 amended at the 2015 AGM (Increased officers from 8 to 10 to include Vice Chairman and Membership Secretary)
Clause O3 amended at the 2017 AGM

A. Name.

The name of the Association is ROTHERHAM HARRIERS AND ATHLETIC CLUB, a Community Amateur Sports Club hereafter referred to as the club.

B. Administration.

Subject to the matters set out below the Club and its property shall be administrated and managed in accordance with this constitution by the members of the Executive Committee, constituted by clause H of this constitution.

C. Objectives.

The Club’s objectives shall be,
1. to provide facilities for and promote participation of the whole community in the sport of athletics
2. to represent the Club on federations to which it becomes or is affiliated.

D. Powers.

The Club will adopt comprehensive Grievance & Discipline procedures which comply with the England Athletics rules, procedures and requirements.

In furtherance of the objectives but not otherwise the Executive Committee may exercise the following powers.

1. Power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;
2. Power to buy, take on lease or in exchange any property necessary for the achievement of the objectives and to maintain and equip it for use;
3. Power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the club;
4. Power to co-operate with or support any Club or association the Executive Committee may deem worthy of our support;
5. Power to do all such other lawful things as are necessary for the achievement of the objectives.

E. Membership

General: Membership of the Club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, religion or beliefs, or of age, sex or disability except as a necessary consequence of the requirements of Athletics as a particular sport.

The Club may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made in accordance with the Disciplinary and /or Grievance procedures adopted by the club, and compliant with England Athletics rules and procedures.

1. Membership of the club shall be open to any person interested in furtherance of the objects and who has paid an annual subscription laid down from time to time by the Executive Committee.

2. Every member of 14 years and over shall have one vote at any AGM.

3. The Executive Committee may by majority vote and for good reason terminate the membership of any individual. Any member expelled shall have the right of appeal to the Executive Committee at a meeting called at their request not later than two weeks in writing to the Club Secretary. Any such meeting shall be convened by the Club Secretary not later than three weeks from the date of said request.

4. The Club shall consist of amateurs according to UKA. and any other governing body which may supersede it.

5. Application for membership shall be made in writing to the Club Secretary or via on – line website application processes and approved by a majority of the Executive Committee.

6. Each member shall pay a subscription decided at the Annual General Meeting; the club year shall be 1st January to 31st December.

7. Subscription for the current year must be paid before the member can compete for the club.

The executive committee shall have power to expel any member whose subscription is nine months in arrears, provided one months notice in writing shall have been sent to such member, addressed to his/her last known address, informing him/her of the proposed action of the Executive Committee. The name of any person so expelled shall be reported to the sport governing body. Any agreed reinstatement would be similarly reported.

# With the removal of UKA rule 3 section 9 from the rule book, member who cease to pay membership subscriptions can no longer be considered as lapsed. Their record will remain on the club portal, until they formally submit a change of club form to the NGB. (NB This may mean paying any subs arrears unless they formally resign and that is accepted.

8. To resign a member must inform the Club Secretary in writing.

9. Any member guilty of misconduct i.e. behaviour contrary to the Constitution or misconduct of a general nature not acceptable to other members may be cautioned once or expelled from the Club by a majority decision of the Executive Committee.

10. The Executive Committee shall have the power to elect members for life as acknowledgement and reward for outstanding services to the Club.

11. THE COLOURS OF THE CLUB SHALL BE ALL BLACK, WHITE TRIM, BADGE BEING SEVEN POINTED STAR and Club Colours shall be worn by all members representing the Club at all competitive athletic events.

F. Determination of Membership of Executive Committee.

A member of the Executive Committee shall cease to hold office if he or she:

1. Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;

2. Is absent without permission of the Executive Committee from all their meetings held within a period of six months and the Executive Committee resolve that his or her office be vacated; or

3. Notifies to the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office when notice of resignation is to take effect);

G Honorary Office.

At the annual general meeting of the Club the members shall elect from among themselves a chairman, a secretary and a treasurer, who shall hold office from the conclusion of that meeting.

1. An Honorary President shall be chosen at the Annual General Meeting and usually serves for a three year period

H Executive Committee.

(1) The Executive Committee shall consist of:-
1 The 3 honorary officers specified in the preceding clause;

Chairman
Secretary
Treasurer

2 11 officers elected at the AGM

Club President (Elected at the AGM for a 3year term)
Vice Chairman
Welfare Officer(s)
Membership Secretary
Publicity & Marketing Officer
Coach Co-ordinator
Communications Officer
Road Section Secretary
Track & Field Section Secretary
Trail & Fell Section Secretary
Cross Country Secretary

3 In addition to the above 11; Past Honorary Presidents shall be automatically eligible to serve as Vice-Presidents and other members may be elected as Vice-Presidents at the annual general meeting.

4 The Committee must have at least 4 members to be quorate.

(2) The Executive Committee may also appoint not more than 3 co-opted members. However not more than one third members of the executive committee can be co-opted. Each appointment of a co-opted committee member must be made at a special meeting of the executive committee. This meeting should comply with the criteria set out in clause I. Co-opted members shall be effective from the end of that meeting unless the appointment is to fill a place which is not vacant. If that is the case the appointment will stand from the date when the post becomes vacant.

(3) All members of the Executive Committee shall retire from office together at the end of the annual general meeting next after the date on which they came into office but they may be re-elected or re-appointed. Save for the president as per clause G1

(4) The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.

(5) Nobody shall be appointed as a member of the Executive Committee who is under the age of 18

(6) In addition to the above an Auditor who must not be a serving member of the Executive Committee must also be elected at the Annual General Meeting that appoints the Executive Committee. There will also be a Sponsorship Co-ordinator who will not serve as a member of the Executive but who will attend as and when required to allow this role to function and will answer to the Executive Committee directly.

I. Meetings and Proceedings of the Executive Committee.

1. The Executive Committee shall hold at least one ordinary meeting every month. A special meeting may be called at any time by the chairman or by any two members of the Executive Committee upon not less than 4 days notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than 21 days notice must be given

2. The chairman shall act as chairman at meetings of the Executive Committee. If the chairman is absent from any meeting, the members of the Executive Committee present shall choose one of their number to be chairman of the meeting before any other business is transacted.

3. There shall be a quorum when at least four of the number of members of the Executive Committee or more are present at any meeting.

4. Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.

5. The Executive Committee shall keep minutes of the proceedings at meetings of the Executive Committee and any sub-committee.

6. The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.

7. The Executive Committee may appoint one or more sub-committees consisting of three or more members of the Executive Committee for the purpose of making any inquiry or supervision or performing any function or duty which in the opinion of the Executive Committee would be more convenient undertaken or carried out by such a sub-committee: provided that all acts and proceedings of any such sub-committee shall be fully and promptly reported to the Executive Committee.

J Receipts and Expenditure.

1. The funds of the Club, including all donations contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Club at such bank as the Executive Committee shall from time to time decide. All cheques drawn on the account must be signed by at least two of the Executive Committee.

2. The income and property of the club shall be applied solely towards promoting the Club’s objects as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, to the Members of the club.

K. Property.

Subject to the provision of this clause the Executive Committee shall cause the title to:

1. all land held by or in trust for the Club which is not vested in the Official Custodians for Charities: and

2. all investments held by or on behalf of the Club:

to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.

L. Accounts.

The Executive Committee shall comply with their obligations under the law with regard to:

1. the keeping of accounting records for the Club:

2. the preparation of annual statements of accounts for the Club:

3. the auditing or independent examination of the statements of account of the Club; and

4. the transmission of the statements of account of the Club to the relevant body to maintain the status as a Community Amateur Sports Club.

M. Annual Report.

The Executive Committee shall comply with their obligations under the law with regard to the preparation of an annual report and where required by law its transmission to the relevant body required to maintain the status of Community Amateur Sports Club.

N. Annual Return.

The Executive Committee shall comply with their obligations under the law with regard to the preparation of an annual return and its transmission to any relevant body.

O. Annual General Meeting.

1. There shall be an annual general meeting of the Club which shall be held in the month of October in each year or as soon as practicable thereafter.

2. Every annual general meeting shall be called by the Executive Committee. The secretary shall give at least 28 days' notice of the annual general meeting duly posted on the notice board at the Club premises at Herringthorpe Stadium. All the members of the Club of 14 years and over shall be entitled to attend and vote at the meeting.

Associate members and members under 14 (and parents / carers) can attend the AGM but not vote.

3. The AGM will be chaired by the club Chairman (or Vice Chairman if the Chairman is not available) If neither is present, before any AGM business is transacted, the persons present shall appoint a chairman of the meeting.

4. The Executive Committee shall present to each annual general meeting the report and accounts of the Club for the preceding year.

5. Nominations for election to the Executive Committee must be made by members of the Club in writing and must be in the hands of the secretary of the Executive Committee at least 14 days before the annual general meeting. Should nominations exceed vacancies, elections shall be by a show of hands of all members present at the annual general meeting.

6.Motions for discussion must be submitted in writing to the Club Secretary at least 2 weeks before the meeting.

P. Special General Meetings

The Executive Committee may call a special general meeting of the Club at any time.

If at least ten members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days’ notice must be given. The notice must state the business to be discussed.

Q. Procedure at General Meetings.

1.The secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings of every general meeting of the Club.

2. # There shall be a quorum when at least twelve members of the Club are present at any general meeting.

R. Notices.

Any notice required to be served on any member of the Club shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 10 days of posting.

S. Alterations to the Constitution.

1. Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alterations proposed.

2. No amendments may be made which would have the effect of making the Club cease to be a Club at law.

T. Dissolution.

In the event of the dissolution of the Club, any assets remaining after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the Club, but shall be given or transferred to one or more of the following approved sporting or charitable bodies

1 A registered charitable organisation(s)
2 Another Club which is a registered CASC
3 The sports national governing body for use by them for related community sports

U Arrangements Until First Annual General Meeting.

Until the first annual general meeting takes place this constitution shall take effect as if references in it to the Executive Committee were references to the persons whose signatures appear at the bottom of this document.

This constitution was adopted on the date mentioned above by the persons whose signatures appear at the bottom of this document.

We the undersigned assert that this Constitution was accepted by the members of the Club at the 118th AGM on 13th October 2005, and amended following the 2007, 2009, 2014, 2015 & 2017 AGMs

Signed
Stuart Kerr, Chairman (Elected 2021)
Steve Gaines, Secretary (Elected 2007)
Richard Harris, President (Elected 2019)

Date 16th April 2022