Devon Cricket Board - DCL AGM - Draft Constitution

THE DEVON CRICKET LEAGUE CONSTITUTION 2016

1. TITLE AND STATUS

i) The League shall be known as the Devon Cricket League (hereinafter referred to as ``the DCL’’) and shall include, if required, reference to its sponsors.

ii) The DCL is a not-for-profit organization which belongs to the member clubs.

2. OBJECTIVES

The objectives of the DCL shall be:

i) Organize cricket for member clubs on a competition basis

ii) Promote the highest possible standards of cricket and the playing facilities

iii) Ensure that play is conducted within the spirit and laws of the game of cricket and the DCL competition rules

iv) Ensure a duty of care to all member clubs and members regardless of race, gender, disability and sexual orientation

3. MEMBERSHIP

i) Those clubs who have in the past been elected to the membership of the DCL and are still participating the league structure

ii) Additional clubs may be admitted to membership of the DCL by written application to the DCL Secretary no later than 30^th September following the season end.

All applications for membership of the DCL shall be considered by the Operational Management Committee (hereinafter referred to as ‘OMC’). All clubs which meet the criteria for membership, as laid out in the DCL Playing Rules and Regulations (hereinafter referred to as PRR), shall have their applications put forward to a vote at the Annual General meeting (hereinafter referred to as AGM). Those successful clubs (accepted at the AGM) will be eligible to participate in the DCL competitions with effect from the forthcoming season

iii) Membership shall be continuous unless a club:

(i) Terminates it in writing to the DCL Secretary no later than 30^th September following the season end. This includes where a Club wishes to withdraw one or more teams. Only the lowest position team may be withdrawn first

(ii) Is expelled by the vote of member clubs at either the AGM or

Extraordinary General Meeting (hereinafter referred to as EGM), where a majority of the member clubs vote for expulsion

(iii) Member clubs will only be eligible to participate in the DCL fixtures or competitions if all monies owing to the DCL are paid by 1^st May or 15^th May for clubs that pay subscriptions by instalments (but see DCL Administration Section 5 for late payment penalty)

4. STRUCTURE OF THE DEVON CRICKET LEAGUE

Within the DCL there will be two component independent leagues:

i) The First XI League will consist of a Premier Division of ten teams together with as many other Divisions (‘A’, ‘B’, ‘C’ etc.), each with a maximum of ten teams and a minimum of 8 teams, as necessary unless 4(v) applies. The Premier, ‘A’ and ‘B’ Divisions will be County-wide Divisions. The Divisions below these will be regionalised on an East/West basis as operationally possible.

ii) The Second XI League (to include any additional teams of member clubs) will consist of a Premier Division of ten teams together with as many other Divisions (‘A’, ‘B’, ‘C’ etc.), each with a maximum of ten teams and a minimum of 8 teams, as necessary unless 4(v) applies. The Premier and ‘A’ Divisions will be County-wide Divisions. The Divisions below these will be regionalised on an East/West basis as operationally possible. The maximum number of teams in each Division below ‘C’ will be at the discretion of the OMC.

iii) No club will be promoted to the ‘B’ Division of the 1^st X1 League unless the 2^nd X1 of that club plays in the 2^nd X1 League

iv) No two teams from the same Club will be permitted to play in the same Division.

v) For operational reasons, the Playing Rules and Regulations Management Committee (hereinafter referred to as PRRMC) as advised by OMC will have the power to increase the bottom Division of the 1st XI League to a maximum of 12 teams, also to adjust the regionalised 2nd XI Divisions as required to ensure as near as possible a full competitive season.

5. MANAGEMENT AND OFFICERS

For the sake of efficiency and ease of understanding the DCL shall be managed by separate bodies; the OMC, the PRRMC, the Emergency Committee (hereinafter referred to as EC) and the General Committee (hereinafter referred to as GC)

THE OMC

This will comprise the following positions with the incumbents known as Operations Officers (OO):

Chairperson

Vice Chair

Secretary (non- voting)

Treasurer

Registration Secretary

Playing Rules Secretary

This committee will be responsible to the members for:

i) Implementing control of finance, direction and administration of policy on matters that affect the organization of the DCL. This will also include the power to appoint sub-committees as necessary, to appoint advisors as required to fulfil its business and to co-opt additional people to the committee when considered appropriate.

ii) Preparing annual accounts of the DCL in accordance with appropriate current accounting practice

iii) Acting on behalf of and reporting to the Devon Cricket Board Ltd (hereinafter referred to as ‘DCB’) as required of them and to the England and Wales Cricket Board (hereinafter referred to as ECB

iv) The employment, control and supervision of any paid staff

All Operation Officers will serve for 12 months commencing from their election date before seeking re-election

THE PRRMC

This will comprise the following positions and known collectively as the Rules and Regulation Officers (hereinafter referred to as RRO):

Playing Rules Secretary (and acting Chairperson)

Secretary of OMC (non-voting)

Fixtures Secretary

Registration Secretary

Divisional Representatives from the Premier, ‘A’ and ‘B’ Divisions

1^st X1East and West Regional Representatives

Divisional Result Secretaries

DACO representative

Discipline Officer

County Welfare Officer

This committee will be responsible to the members for:

i) The registration of players

ii) Devising league and cup rules in conjunction with members

iii) The arranging and cancellation of league fixtures to include unavailability or fitness of grounds

iv) Arranging cup competitions, fixtures for these if required and grounds as necessary

v) Conduct of matches

vi) Collating results of matches and the preparation of league statistics

vii) Assimilating member views and informing the OMC as necessary

viii) Ground criteria

ix) The Code of Conduct

x) Disciplinary Rules and Procedures

All RROs will serve for 12 months from their election date before seeking re-election.

The PRRMC will have the power to co-opt as necessary additional people to the committee in-order to facilitate its business

THE EMERGEANCY COMMITTEE

This will consist of 3 members of the OMC with the Chairperson or his/her deputy able to co-opt from the PRRMC or from outside the DCL if necessary or considered appropriate. The purpose of such a meeting will be to discuss a matter(s) that would require a response earlier than the next scheduled EMC meeting

A full report of any such meeting must be made at the next meeting of the OMC and PRRMC.

THE GENERAL COMMITTEE

Each member club is entitled to one representative who will be empowered to vote at any AGM or EGM

6. AMENDMENT TO THE CONSTITUTION AND PLAYING RULES

i) Constitutional changes and playing rules may only be amended, deleted, or new rules adopted, at an AGM or at an EGM called specifically for this purpose

ii) Proposals for any change to the Constitution or playing rules to be put forward for consideration at the next AGM must be received, in writing, by the DCL Secretary not later than 31^st October. These proposals will be circulated to all member clubs by 15^th November. Any proposals for amendments to those changes already submitted must be similarly received by 30^th November. The final list of proposals will be circulated, along with the AGM agenda, to all member clubs at least 28 days before the AGM

7. COMMITTEE MEETINGS

THE OMC –

i) Will meet on a monthly basis throughout the year as necessary

ii) All meetings are to be minuted and accessible to interested parties

iii) Each committee member including co-opted members with the exception of any salaried official shall have one vote. The Chairperson at the meeting will have a casting vote

iv) To constitute a quorum 50% of officials must be present

v) Abstentions will not be counted in the recording of votes cast

THE PRRMC –

i) Will meet on a monthly basis in conjunction with the OMC meeting between March and October each year and as required at other times.

ii) All meetings are to be minuted and accessible to interested parties

iii) Each committee member, to include co-opted members with the exception of any salaried official shall have one vote. The Chairperson at the meeting will have a casting vote

iv) To constitute a quorum 50% of officials must be present

v) Abstentions will not be counted in the recording of votes cast

8i). ANNUAL GENERAL MEETING –Constitutional matters

i) The AGM of the DCL shall be held as near as possible to the last Friday in January of the year following the end of the financial year and attended by the member clubs (defined as the General Committee)

ii) Each member club shall have one vote on each topic

iii) A quorum at the AGM shall consist of 75% of the member clubs represented

iv) The business transacted at the AGM shall be as follows:

Apologies for absence

Obituaries

Chairperson’s Report

Adoption of the Minutes of the previous AGM

Secretary’s Report that had been issued in advance for discussion and adoption

Treasurer’s Report that had been issued in advance for discussion and adoption

Election of the auditor

Subscriptions

Constitutional rule changes

Election of the OMC officers excluding any salaried secretary

Election of any new members

Any other business for which prior notification has been received

In order to make any Constitutional change(s) a two thirds majority of votes cast will be required

8ii). ANNUAL GENERAL MEETING – Playing Rules and Regulations matters

i) Discuss and adopt the proposed rule changes for the following season

ii) Each member club shall have one vote per topic

iii) Election of the RRO officials

iv) Presentation of awards (unless alternative arrangements have been made for this)

v) Any other notified business concerning the Playing rules or regulations

vi) OMC Chairperson’s closing address

In order to make any changes to the playing rules and/or regulations a simple majority of votes cast is required

8iii). EXTRAORDINARY GENERAL MEETING

i) An EGM may be called by either the OMC or on written application of no less than 25% of the member Clubs. Each application must state it supports the actual resolution that is to be put before the meeting; it must be on the clubs official head paper and be signed by an officer of the club. This can be submitted to the DCL Secretary by post or any form of electronic transmission

ii) The Secretary shall arrange for the EGM to be held no more than four weeks after its request and shall give at least 14 days’ notice of the meeting to member clubs together with details of the resolution(s) to be put before the meeting

iii) No other business other than the resolution(s) that is/are being put to the meeting will be allowed

9. FINANCE AND SUBSCRIPTIONS

i) The financial year shall run 1^st October to 30^th September

ii) The income and expenditure of the DCL shall be the responsibility of the Treasurer who will be accountable to ensure funds are utilised effectively to ensure that the DCL stays within budget

iii) All monies received shall be paid into a bank account in the name of the DCL.

iv) Invoices and accounts shall be paid by any automated banking system approved by the OMC or by cheque signed by the Treasurer and any other nominated member of the OMC as necessary to comply with the banking mandate.

v) Before any change is made to the banking mandate this must have the prior approval of the OMC. Any written instruction must be on DCL headed paper and signed by the Chairperson and the Treasurer

vi) Subscriptions for membership of the DCL must be paid on or before 1^st May or 15^th May for clubs that pay by instalments.

vii) Any surpluses retained year on year shall be held for the benefit of the member clubs and as an advance of funds for the future administration of the DCL

viii) Surpluses will not be distributed as dividends or profits to member clubs but will be used for the future costs of running the DCL

ix) In the event that the annual subscription does not cover the expenses of the DCL, any deficit shall be borne equally by all member clubs

x) Any club leaving the DCL consents to all funds being retained for the benefit of the continuing membership

xi) The Treasurer will recommend to the OMC and AGM the level of subscription to be paid by the member clubs each year.

xii) The annual accounts, to be presented to the AGM will be drawn up by the Treasurer. An independent accountant who holds an appropriate professional qualification will confirm whether or not the accounts are in accordance with the books and records of the DCL

10. DISSOLUTION OF THE DCL

The DCL will not be dissolved except by a two-thirds majority of the votes recorded at an EGM called specifically for this purpose. In the event that, at dissolution, the DCL funds are insufficient to cover the legal liabilities, any shortfall will be borne equally by Member Clubs in proportion to the number of teams they play in the DCL.

Similarly, in the event of a surplus of funds at dissolution, such surplus will be equally divided between all Member Clubs in proportion to the number of teams they play in the DCL at that date.

DEVON CRICKET LEAGUE ADMINISTRATION

1. OBLIGATIONS TO DCL AND DCB LTD

i) All member clubs will be subject to the regulations of the Constitution and by joining the DCL will be deemed to have accepted these together with the PRR. Clubs will also have agreed to affiliate to the DCB and the Devon Association of Cricket Officials (DACO). Furthermore, Clubs will support and uphold the ECB Code of Conduct, the Spirit of Cricket – as laid down in the laws of cricket and follow ECB Directives and Guidelines including the Safe Hands Policy. Also, all clubs agree to abide by the DCL Disciplinary Regulations and Procedures

ii) All member clubs must appoint a representative with an active email address to receive and communicate with the DCL.

iii) All clubs must complete an annual ‘affirmation’ of details to be held in the Club Directory of the DCB website. The DCL representative will receive an email in December or January from the DCB Administrator containing a unique PIN number. This will allow the club access to the website where they may either amend the details that are held or confirm that the existing details remain correct.

iv) The deadline for completion of the annual affirmation process is 28^th February.

v) When a Member Club makes any subsequent change affecting its officials, captains or other data relevant to the smooth running of the DCL, it must notify the Secretary within 14 days from the date of such a change.

vi) All Premier clubs are required to complete the annual ECB compliance document and return this to the DCL Secretary no later than 23^rd April.

vii) It is obligatory for each member club to have a voting representative at any General Meeting and at Divisional Sub Committee Meetings. Clubs not attending shall be fined.

viii) Member clubs have 21 days from the date of notification to respond to all DCL correspondence unless otherwise indicated. Failure to do so within the time frame will incur a £30 fine unless there are mitigating circumstances acceptable to the OMC.

ix) Failure to comply with DCL directives, deadlines or to attend meetings will incur a fine to be determined by the OMC. The level of fines will be reviewed annually and published in the Handbook.

2. DCL SECRETARY

The DCL will employ, on a PAYE basis, the executive services of a Secretary.

The OMC is authorized to increase the salary for such services in line with the increase in the Retail Prices Index in the previous financial year of the DCL (end of September) or any higher amount that might be appropriate effective from 1^st February each year.

3. MERGER OR SEPARATION OF MEMBER CLUBS

Where two member clubs with 1^st X1s in different divisions merge the reformed club’s 1^st X1 will be placed in the division of the highest placed former 1^st X1 for the coming season unless requested otherwise.

Any 2^nd X1 or lower (subsequent) X1s will be placed in the most appropriate division by the PRRMC so as to ensure that only one side plays in a division.

Should a club with 3 or more teams in the DCL wish to split into two separate entities the OMC will convene to discuss where the demerged team(s) will play.

4. DIVISIONAL AND REGIONAL MEETINGS

i) 1st XI County wide Divisions and East/West Regional Divisions Sub-Committee Meetings will consist of one representative from each Club that will be playing in the division or region during the following season.

ii) These meetings will be held by the 7th October on dates and at times and venues to be arranged by the Secretary. He/she will be responsible for notifying Clubs at least 14 days before the meeting is to take place. The proposed Agenda will be sent with such notification.

iii) The relevant Divisional/Regional Representatives will Chair the meeting and appoint one person to take the minutes.

iv) The minutes of each meeting will be published to the relevant Clubs for their approval within 14 days of the meeting.

v) The Secretary must receive the final version of the minutes by 30th October.

5. SUBSCRIPTIONS FOR THE 2015/16 YEAR

i) Each member Club shall pay an annual subscription on or before 1^st May or 15^th May for clubs that pay by instalments, according to the following scale:-

Premier Division First XI £160

Divisions ‘A’, ‘B’ & ‘C’ First XI £110

Division ‘D’ First X1 and any other subsequent divisions. £ 85

Where a Club runs any additional team(s) in the DCL, an additional subscription of £60 shall be payable for each such team.

ii) The annual subscription payable will change in line with the rate of inflation as measured by the Retail Price Index (or any such index that replaces it) as at 30 September of the previous year. Any such increase will be rounded to the nearest £1.00. However the OMC may propose any alteration that it considers to be in the best interest of its members.

iii) Non-payment of a subscription by 15^th May shall incur a fine of £10 per month or part thereof until such time as the subscription is fully paid.

6. RIGHTS OF APPEAL OTHER THAN DISCIPLINE

The OMC and PRRMC are elected at the AGM and thereby empowered to apply the rules and regulations of the DCL fairly and to impose penalties, where considered appropriate.

In the event of a member club, or one of its members disagreeing with a decision reached against it there is a ‘Right of Appeal’

The appeal procedure can either be:

i) Made in writing to the DCL Secretary within 7 days of receiving the original decision notification. The appeal request must be accompanied by a deposit cheque for £25, payable to the ‘Devon Cricket League’.

ii) The ‘Arbitration Panel’ will be made up of 3 persons comprising two PRRMC members (to include any co-opted member) and one OO, none of which were involved in the original decision. The DCL Secretary will also attend to take the Minutes.

iii) The purpose of the Arbitration Panel is to review the previously supplied evidence that resulted in the decision reached and any new evidence submitted. The panel will either endorse the original decision or revoke it.

Alternatively:

i) A club can request an “Appeal Hearing” within the same time frame as outlined above. This request must be delivered to the DCL Secretary in writing and accompanied by a deposit cheque for £100, payable to ‘Devon Cricket League’. The Hearing will be arranged at a venue and on a date to be agreed between the parties concerned but usually within 4 weeks from the date of the ‘Appeal’ letter.

ii) If no date can be agreed then the DCL will set the date.

iii) The ‘Appeal Panel’ will be made up of 3 persons comprising 2 PRRMC members (to include any co-opted member) and one OO none of which were involved in the original decision. The DCL Secretary will also attend to take the Minutes.

iv) The appellant has the right to be represented.

v) The ‘Appeal Panel’ may confirm, vary or reverse the previous OMC decision. It will have the power to order the deposit, or part thereof, forfeit if the appeal is lost. When the Appeal is upheld in full or in part the original deposit will be refunded, in whole or in part, dependent upon the decision reached.

vi) The ‘Appeal Panel’ will provide a written explanation of their decision and this will be final and binding on both parties.

vii) In exceptional circumstances, e.g. legal interpretation of DCL Rules and Regulations, a club can subsequently appeal to the Devon Cricket Board Ltd in accord with their Constitution and upon payment of their costs. The decision of any such arbitration service will be binding on both parties. Any deposit previously paid to the DCL will be refunded if this appeal is successful.

7. DEVON COUNTY CRICKET CLUB

Member Clubs shall not refuse permission to any of their players to assist the Devon County Cricket Club when required. The DCL shall assist as far as possible by arranging competition fixtures to accommodate Devon County Cricket Club fixtures.

DISCIPLINARY APPEALS PROCEDURE (NOTE THIS HAS NOT BEEN CHECKED BUT COPIED FROM ORIGINAL)

i) The Disciplinary Sub-Committee (DSC) will hear complaints against players, Member Clubs or their officials, in any way connected with the DCL or any competition organised by the DCL. A separate Disciplinary Appeal Sub-Committee (DASC) will hear appeals against decisions reached by the DSC. No player (or club) shall be refused the right to appeal against any decision reached by the DSC.

ii) The Chairman and members of both Sub-Committees will be appointed from within the GMC with the power to co-opt when necessary.

iii) Each Sub-Committee shall consist of an odd number of no more than 5 and no fewer than 3 members, including the Chairman. Each member will have 1 vote with the Chairman having the casting vote. In addition, the DCL Secretary (or a suitable deputy), in a non- voting role, will record the Minutes of any disciplinary hearing. A full report of any Hearing will be presented to the full OMC and PRRMC at their next meeting.

iv) No person may sit on either committee if in the opinion of the DCL Chairman there is likely to be any conflict of interest arising from blood tie or Club membership.

v) All disciplinary and appeal hearings will be conducted in accord with the ‘DCL Disciplinary Rules and Procedures’ published in the Handbook. Decisions are binding on all parties involved.

Drafted 05.03.2015 DJG with modest changes made 27.03.15 by DJG

Final draft prepared 07.04.15 by DJG