CSA Constitution Print
Written by Administrator   
Thursday, 19 February 2015 05:20

1. NAME:

a) The name of the Association shall be Canning Softball Association (Inc), hereinafter called "the Association".

 

b) The colours of the Association will be plum and light blue. All representative teams shall wear the Association’s colours when applicable.

 

2. OBJECTS:

The objects of the Association shall be: -

 

a) to promote and develop the sport of Softball.

 

b) to promote and develop good sportsmanship amongst all Members of the Association.

 

c) to obtain sponsorship for this sport from persons and organisations considered suitable for the promotion of the sport; and

 

d) to do all such other things as are conducive or incidental to the attainment of the above objects.

 

3 CODE OF CONDUCT:

 

a) Members and players must comply with the associations Code of Conduct as detailed in the By-Laws. The committee reserves the right to enforce the Code of Conduct at their discretion and will apply penalties depending on the circumstances.

 

b) Clubs and teams will be held responsible for their support personnel and their spectators to ensure appropriate behaviour as detailed in the Code of Conduct detailed in the By-Laws. The committee reserves the right to enforce penalties on clubs and teams depending on the circumstances.

 

c) The Code of Conduct must be signed by all members of the association each year.

 

4 INTERPRETATIONS:

a) "The Association" shall mean the Softball Association and shall include the "Executive Committee" and/or any other body appointed from time to time under this Constitution with the power to administer the affairs of the said Association.

 

b) "Member Club" shall mean any other duly formed and recognised club, which is registered with the Association as a member.

 

c) "Member" where it is consistent with the interpretation hereof shall mean a Member Club or the delegate or delegates thereof and shall extend where necessary for the administration hereof to include the individual members of the Member Clubs and/or Affiliated members but in any event not necessarily so as to empower said individuals with any voting power at Executive Meetings of the Association.

 

1. Any person may apply to become a Member of the Association provided that the Membership application is approved by the 2/3 majority of the Executive Committee and an Annual Fee as prescribed in By-Laws for such membership is paid.

2. Every Candidate for membership of the Association shall be proposed and seconded by a current member.

 

"Club" shall mean any Club duly formed and recognised by the Association.

 

d) "Resolution" shall mean a resolution passed at any meeting of the Executive Committee.

 

e) "Executive Committee" shall mean a committee constituted in accordance with the Constitution, paragraph 10, clause b).

 

f) "Annual General Meeting" shall mean a meeting of the Association with all Financial Members having the power to vote, held after the last qualifying game of the season.

 

g) "Softball" wherever this word shall appear in the Constitution or Rules shall mean the game as played under the Rules laid down by the Australian Softball Federation and shall include those ground rules as decided and recorded in writing by the Executive Committee as decided and laid down in the By-Laws and where these ground rules conflict with the Federation rules the said ground rules shall prevail.

 

5. MEMBERSHIP:

 

a) Membership shall be for a period of twelve (12) months, commencing on the first (1st) day of April and ceasing on the thirtieth (30) day of March the following year.

 

b) There shall be three classes of membership, namely:

 

1. Playing Members.  Any person who wishes to become a Playing Member of the Association shall complete a registration form as prescribed by the Committee and acceptance by the Executive Committee, such person shall become a Playing Member of the Association.

 

2. Social Members, as a non-playing member.

 

3. Life Members, who are to be included as set out in the By-Laws.

 

c) Fees are set out in the By-Laws.

 

d) All members must be members of an affiliated club.

 

6. AFFILIATION OF CLUB:

 

Each Club affiliated with the Association shall:

 

a) Be bound by the Constitution and By-Laws of the Association.

 

b) Become liable for such subscriptions, fees and levies as may be fixed by the By-Laws, Group B, paragraph 6.

 

c) Register its colours and uniform with the Association.

 

Any affiliated Club which desires to withdraw from the Association shall remain liable for all subscriptions, fees and/or levies in accordance with the By-Laws.

 

7. ANNUAL GENERAL MEETING:

 

The Annual General Meeting shall be held after the last qualifying game each year when the following business shall be transacted:

 

a) Minutes of the previous Annual General Meeting and any Special General Meetings.

 

b) The consideration and adoption or otherwise of the Financial Statement and Balance Sheet.

 

c) Reports in writing on all activities of the Association.

 

d) Election of President, Vice President, Secretary, Treasurer, Registrar, Property Officer, Social Secretary and Assistant Secretary, plus one General Representative from each competition by general body of members of the Association.

 

e) Other business as listed in the Agenda as determined by the Executive Committee.

 

f) A Quorum shall for Annual General Meetings and Special General Meetings shall consist of no less than one sixth (1/6) of all eligible members of the Association.

 

g) Agenda for the Annual General Meeting to be sent to team delegates 2 weeks        (14 days) prior to Annual General Meeting.

 

8. SPECIAL GENERAL MEETING:

 

Special General Meeting of the Association may be called at any time for any purpose

providing:

 

a) Written notice of the proposed meeting is presented to a member of the Executive Committee signed by at least five (5) members of the Association detailing purpose of the meeting.

 

b) A minimum of seven (7) days notice is to be given of the proposed meeting by the Executive Committee to team delegates.

 

 

9. EXECUTIVE COMMITTEE MEETING:

 

Executive Committee Meetings will be held on the first Monday of every month for the purpose of administration of the Association.  A Quorum shall consist of no less than two thirds (2/3) of Executive Committee.

 

10. STANDING ORDERS AT MEETING:

 

a) A member wishing to speak shall address the Chair being the President or Vice President depending on availability.

 

b) Any member wishing to move a motion shall rise and address the Chair.  The motion must be seconded before it is debated and shall not then be withdrawn without the consent of the seconder.

 

c) On any member rising to a point of order during the discussion, the speaker shall resume his/her seat and the member rising shall state the point of order, when the Chair shall rule therein, which ruling may be accepted by the meeting.

 

d) When two or more members rise to speak at the same time the Chair shall decide who is entitled to the floor.

 

e) No member shall speak more than once to any motion or amendment excepting the mover of the original motion who shall have the right to reply.

 

f) No more than two other members shall follow successively on the same side of the question.  If there is no speaker to take the opposite view, the question shall be put forthwith.

 

g) Voting at every meeting of the Association shall be determined by a show of hands, unless a ballot is demanded.

 

h) In the event of voting being equal, the question shall be declared on the vote of the President.

 

If within thirty minutes of the time appointed for the meeting a quorum is not present, the meeting may stand adjourned for the same day of the following week, at the same time and place or to such place as may be determined and if at the adjourned meeting a quorum is not present within thirty minutes of the time appointed for the meeting the members then present shall constitute a quorum.

 

 

 

 

 

11. COMMITTEE:

 

a. The business and affairs of the Association shall, subject to the provisions of this Constitution, be under the control and management of the Executive Committee, herein after called the "Committee".

 

b. The Committee shall consist of the President, the Vice President, Secretary, Treasurer, Registrar, Property Officer and Social Coordinator, plus one General Representative from each competition.

 

c. Only members of the Association shall be eligible to be members of the Committee.

 

d. Only members of the Committee present in person shall be eligible to vote at a meeting of the Committee.

 

e. A member of the Committee shall vacate his/her office if he/she ceases to be a member of the Association or resigns his/her office by notice in writing to the Committee.  Such office shall become vacant from the conclusion of the next Committee Meeting, which shall consider the cessation of membership or the acceptance of the resignation.

 

f. The Committee may declare vacant the office of any member who absents himself/herself without leave for three (3) consecutive meetings of the Committee.

 

g. The retiring President shall, between the conclusion of his/her past term as President and conclusion of the next following Annual General Meeting of the Association, be known as the Immediate Past President of the Association, unless then a member of the Committee, be ex officio a member of the Committee.

 

h. Should the President die, resign, or be removed from office, the President's office shall be filled by another member of the Committee appointed by the remaining members thereof, and the member so appointed shall hold office as President for the remainder of the term for which his/her predecessor was appointed.

 

i. Should any other member of the Committee die, resign, or be removed from office or be appointed President pursuant to this Clause, that member's place on the Committee shall be filled by a voting member of the Association appointed by the remaining members of the Committee and such member so appointed shall hold office for the remainder of the term for which his/her predecessor was appointed.

 

j. All positions on the Committee become vacant at the Annual General Meeting.

 

k. The Committee to submit for resolution by the members at a Special General Meeting of the Association any matter which the Committee may deem proper and of sufficient importance to be thus submitted or which it may be required in this Constitution to so submit.

 

l. The Committee shall appoint members to and to authorise the powers of any Sub-Committee deemed necessary from time to time.

 

m. The Committee shall cause to be made, an audit of the accounting records of the Association at any time.

 

n. The Committee shall submit an Annual Report to the Annual General Meeting of the Association.

 

o. The Committee may sell, acquire, lease and maintain any real or personal property for the use of the Association and its members provided that any sum to be expended in excess of $10,000 shall require confirmation by a SPECIAL GENERAL MEETING.

 

p. Powers and duties of Office Bearers are outlined in the By-Laws.

 

q. No member of the Committee will vote on a matter where there is a conflict of interest.

 

r. Members of the committee cannot perform duties on the committee if they are a undischarged bankrupt or their affairs are under insolvency laws. This provision is for a period of 5 years from the date of their conviction.

 

s. Members of the committee can not perform duties on the committee if they have been convicted of an offence on connection with the promotion, formation or management of a body corporate. This provision is for a period of 5 years from the date of the conviction.

 

t. Members of the committee can not perform duties on the committee if they have been convicted of an offence involving fraud or dishonesty punishable on conviction by at least three months or more imprisonment or have been convicted of an Offence under Division 3 or section 127 of the Criminal Act. This provision is for a period of 5 years from the date of the conviction.

 

12. FINANCE:

 

The funds of the Association shall consist of membership and affiliation fees and levies existing and/or varied or imposed from time to time in accordance with recommendations by the Executive Committee.

 

The associations financial year will be for a period of 12 months commencing on the 1 July and end on the 30 June each year.

 

The income and property of the Association shall be applied solely towards the promotion of the objects of the Association.  No portion of the income or property shall be paid, transferred or distributed directly or indirectly to the members of the Association, provided that nothing shall prevent the payment in good faith of remuneration to any officer or employee of the Association or to any person other than a member, in return for services rendered to the Association.

 

The Association shall open a bank account and all invoices shall be paid from that account.  Any surplus monies not required for immediate use in that account shall be deposited or invested as directed by the Executive Committee.  All payments are to be co-signed by any two of the President, Secretary or Treasurer.

 

A statement showing the Financial Statement position of the Association shall be tabled monthly.

 

Two committee members being the President, Treasurer or Secretary can approve payments for the following reasons:

a) Payments made in gratitude of services provided

b) To encourage participation

c) Sponsorship

The full committee must approve any payments from associations funds over $100.

 

13. PROTESTS AND DISPUTES:

 

Protests and disputes procedures are outlined in the By-Laws. The committee reserves the right to enforces penalties depending on the circumstances.

 

14. AUDITORS:

The Auditor shall be a qualified Accountant being an accredited member of Association of Australian Accountants or of a Secretarial Institute.

 

Once at least in every year the accounts of the Association shall be examined, and the correctness of the balance sheet ascertained by an Auditor.  The Auditor shall submit a report in writing to the Committee for subsequent presentation to the Annual General Meeting of the Association.

 

The Auditor(s) shall be appointed by the members for the coming year at the preceding years' Annual General Meeting.

 

 

15. REGISTER OF MEMBERS:

 

The association reserves the right to keep the names and mobile telephones, residential address, postal addresses or email addresses of the members. The information may only be used to benefit the association in a non-financial manner.

 

A member can request the association to provide them with a copy of the register and that member must pay any costs that are incurred by the association to provide that information. A Statutory Declaration must be provided to the committee providing a reason to justify the request for the information.

 

 

16. BY-LAWS:

 

By-Laws may be made or altered at an Executive Committee Meeting and shall be effective immediately.  Club Delegates will be notified in writing of any changes.

 

The current By-laws will be made available to all members of the association. If a matter can not be found in the Associations By-laws than refer to the Western Australian Softball rules.

 

 

17. AMENDMENTS TO THE CONSTITUTION:

 

An amendment to the constitution shall be deemed to have been passed if approved by 75% of members at a general meeting.  Notice of motion to amend the Constitution, signed by the Proposer and Seconder shall be sent to the Secretary to forward such Notices of Motion to all Member Clubs, Affiliated Members or Associated bodies at least fourteen (14) days prior to Annual General Meeting or said Special General Meeting.  An amendment to the Constitution shall be deemed to have been passed if approved by a majority of members of the Annual General Meeting or said Special General Meeting.

 

As soon as is practicable after the making of any proposal for a change to the Constitution or Rules of the Association, the Secretary shall provide to the Director of Liquor Licensing, certified particulars of the change/s proposed.  No effect will be given to the change without the approval of the Director.

 

All changes to the Association's Constitution should be forwarded to Corporate Affairs pursuant to Section 17 of Associations Incorporation Act 1987.

 

A copy of the current Associations Constitution will be made available to all members of the association.

 

 

18. DISBANDMENT:

 

In the event of a Member Club disbanding during a season, its members shall be at liberty to play with any other Club with the consent of the Executive Committee, but no Member Club shall be considered disbanded unless notice in writing of such disbandment be received by the Secretary.

 

The Association shall not disband without the consent of 75% of members voting at a general meeting to dissolve the Association.  Motion to Disband the Association, signed by the Proposer and Seconder must be submitted in writing to the Secretary who shall give at least fourteen (14) days notice of such motion to all Member Clubs, affiliated Members and associated bodies.  Such notice shall be dealt with at a Special General Meeting of the Association.

 

If upon the dissolution or winding up of the Association, surplus property of the Association shall be distributed in accordance with the Associations Incorporation Act 1987.

 

 

19. MISCONDUCT:

a) The Executive Committee may suspend (for any period not exceeding six (6) months as the Executive Committee shall decide) or expel any Member of the Association for any breach or infringement of the Rules of the Association or for any misconduct or dereliction of duty or for any mis-application of the funds of the Association or for any non-compliance with or disobedience or any order contained in any Resolution of the Committee or for conduct in its opinion unworthy of a Member.

 

b) Before any Member is suspended, expelled or otherwise punished the Executive Committee shall enquire into his/her conduct and the Member or his/her representative or both shall be given reasonable opportunity to defend, justify and explain such conduct.  The Member shall be given seven (7) days notice in writing of the time and place at which such enquiry will be conducted.

 

c) Should the Member or his representative fail to appear at any enquiry conducted pursuant to Sub-Clause b. of the Clause, the Executive Committee may proceed in that Members absence to conduct said enquiry and to make its findings as herein empowered.

 

d) The committee has the right to decide on penalties of misconduct depending on the circumstances. The committee must vote on these matters and the majority vote will be deemed to be actioned.

20. COMMON SEAL:

 

 

The Association shall have a Common Seal, which shall be in the custody of the Secretary.   The Common Seal shall not be affixed to any document except pursuant to a Resolution of the Executive Committee and then only in the presence of the Secretary and any one of the President or Treasurer who shall countersign such documents.

Last Updated on Sunday, 25 August 2019 18:33