Devon Cricket Board - Devon Association of Cricket Officials

DACO
Devon Association

of Cricket Officials

Constitution

Devon Association of Cricket Officials

(Accepted 17/11/2011)

Constitution

1 NAME;- The name of the Association shall be Devon Association of Cricket Officials (hereinafter ‘The Association’) {The short title shall be
DACO}.

2 ADMINISTRATION ;-

(i) Subject to the terms and conditions set out below, the Association shall be administered and managed in accordance with this Constitution by the Members of Management Committee (hereinafter ‘Management Committee’). Management Committee as constituted by Clause 7 shall be answerable to the members of the Association in general meeting.

(ii) The Association shall take account of all ECB directives, regulations and guidelines

3. AIMS AND OBJECTIVES

The Association shall be a not-for-profit organization constituted under the Laws of England and Wales whose Aims and Objectives (hereinafter called ‘the Aims and Objectives’) shall be, within the County of Devon:

(i) To promote and advance the status, role, authority and influence of cricket umpires and scorers; individually and collectively throughout the game;

(ii) To improve, develop and raise the standards of umpiring and scoring at all levels throughout the game through the provision of formal training courses, recognized qualifying examinations, assessment and development programmes and any other means approved by Management Committee;

(iii) To promote, represent and safeguard the lawful interests, welfare and cricket careers of umpires and scorers, individually and collectively at all levels;

(iv) To advise and generally support the interests of the Association’s members in all matters directly related to their cricket activities provided that the Association is not brought into disrepute thereby;

(v) To develop, build upon and maintain close collaborative working relationships with The Devon Cricket Board, all cricket clubs in Devon and other bodies associated with cricket for the improvement of the game and the application of its Laws;

(vi) To encourage all clubs, organisations and bodies interested in cricket to affiliate to the Association and work in co-operation with it to further these Aims and Objectives.

4. POWERS

In furtherance of the Aims and Objectives, but not otherwise, Management Committee may exercise the following powers;

(i) Power to raise funds and to invite and receive contributions provided that in raising funds Management Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;

(ii) Power to co-operate with other societies, associations, voluntary bodies and statutory authorities operating in furtherance of the Aims and Objectives, or of similar purposes and to exchange information and advice with them;

(iii) Power to support any charitable trusts, associations or institutions formed for all or any of the Aims and Objectives;

(iv) Power to appoint or constitute such sub committees or working parties as Management Committee may from time to time deem necessary;

(v) Power to do all such other lawful things as are necessary for the achievement of the Aims and Objectives.

5. MEMBERSHIP AND SUBSCRIPTIONS

(i) Membership of the Association shall be open to an person interested in furthering the aims and objectives and who has paid the annual subscription irrespective of race, nationality, colour, gender, religion or sexual orientation

(ii) The voting rights of members shall be as set down in Clause 6 of this constitution.

(iii) Management Committee shall be empowered on a resolution passed by two thirds majority of those present and voting, to expel from membership any individual members of the Association it considers to have behaved in such a way as to bring the Association into disrepute, subject only to the right of the individual member to appeal to an Annual or Special General Meeting.

(iv) Membership shall comprise:

[a] Honorary Members. Honorary Membership shall be for life and shall be free of financial obligations to the Association. Management Committee shall be empowered to nominate any individual, including recommendations, for services to cricket. Honorary Members shall be elected to membership at the Annual General Meeting.

[b] Life Members. Life Membership shall be for life and shall be free of financial obligations to the Association. Management Committee shall be empowered to nominate any individual who is a member of the Association and recommended by any Area, by October 1st of each year, for continued and loyal service to the Association. Life Members shall be elected to membership at the Annual General Meeting.

[c] The President..The President shall be nominated by Management Committee and elected at the Annual General Meeting. The appointment shall be for a period of three years and shall be free of financial obligations to the Association.

[d] General Members. General Members shall be practising umpires and scorers, those wishing to attain the status of umpire or scorer, and anyone who has the interests of cricket at heart.

[e] Affiliated Members. Affiliated Members shall be cricket clubs and similar organisations with interests in cricket who support the Association by subscription. They shall be permitted to attend meetings and enjoy the benefits

(v) Membership fees shall be paid to ECBACO. They will advise DACO on a regular basis of the current members of DACO. Any member removed from the list shall be considered to have resigned their membership.

6. VOTING RIGHTS

(i) In any postal ballot of members, all members of the Association, with the exception of Affiliated Members, who are neither lapsed nor resigned at the time of the ballot, shall have one vote.

(ii) At an Annual or Special General Meeting, all members of the Association, with the exception of Affiliated Members, present at the meeting shall have one vote.

(iii) At a meeting of Management Committee, elected members of Management Committee and Area Branch Nominated Members (or appointed Deputies) present at the meeting shall have one vote.

(iv) Notwithstanding the provisions of (ii) and (iii) above, in the event of equality of voting, the chairman of any meeting shall have an additional vote as a casting vote.

7. THE MANAGEMENT COMMITTEE

(i) Shall consist of

a] The President;

[b] Chairman;

[c] Vice Chairman;

[d] Honorary Secretary;

[e] Honorary Treasurer;

[f] Honorary Appointments Officer;

[g] Honorary Training Officer;

[h] Honorary Scorers’ Officer;

[i] Honorary Performance Officer;

[j] Two Nominated Members (or appointed Deputies) for each Area.

Officers listed at (i) [b] to [i] above shall be elected at Annual General Meeting and serve for one year.

Members listed in (i) [j] above shall be appointed by Area meeting in accord with their own agreed procedures.

(ii) One of the officers listed in (i) [b] to [i] inclusive above shall be appointed by the Management Committee to act as the Child Welfare Officer for the Association.

(iii) Management Committee shall be empowered to appoint a member to fill a vacancy occurring among the elected officers listed in (i) [b] to [i] above at the next scheduled Management Committee meeting. The appointment shall last until the next Annual General Meeting.

(iv) Management Committee may, in addition, appoint co-opted members, but there shall not be more than 2 co-opted members of Management Committee at any one time. The period of service of the co-opted members shall only be for such time as is necessary for the purpose of the appointment.

(v) Officers shall take office at midnight following the close of the Annual General Meeting at which they were elected. They shall retire at midnight following the conclusion of the corresponding meeting:

[a] the following year in the case of those elected annually;

[b] three years in the case of those elected for a three year term.

All shall be eligible for re-election.

(vi) The proceedings of Management Committee shall not be invalidated by any vacancy among their number.

(vii) Nobody shall be elected as a member to Management Committee who is aged under 18.

(viii) Subject only to the provisions of this Constitution, Management Committee shall make regulations in respect of the conduct of elections, including requirements for nominations, election statements and arrangements for holding ballots.

(ix) If a Nominated Area Member is unable to attend a meeting of Management Committee his appointed Deputy may attend in his place. Where an individual elected officer is absent no substitute shall be allowed.

(x) Management Committee may invite any member of the Association to attend meetings. Such invitees may speak at the discretion of the Chairman but shall not be permitted to vote.

(xi) The Chairman shall represent DACO at the Regional ECBACO Meetings

8. TERMINATION OF MEMBERSHIP OF MANAGEMENT COMMITTEE

A member of Management Committee shall cease to hold office if he:

(i) Becomes incapable by reason of mental disorder, illness or injury of managing his own affairs;
(ii) Is absent without reasons acceptable to Management Committee from three consecutive meetings and Management Committee resolve that his office be vacated; or
(iii) Notifies in writing to Management Committee a wish to resign.

9. PROPRIETY

All officers and members of the Association shall conduct themselves in accordance with this constitution, with the Spirit of Cricket as set out in the preface to the Laws of Cricket and with the principles of public life laid down by the Nolan Committee on Standards in Public Life. In particular they shall take decisions solely in the interests of the Association and not so as to gain financial or other material benefits for themselves, their family or their friends. Management
Committee may remove from office any officer or member who contravenes these principles, subject only to appeal to an Annual or Special General Meeting.

10. MEETING AND PROCEEDINGS OF MANAGEMENT COMMITTEE

(i) Management Committee shall normally meet at least four times a year on dates to be notified after the Annual General Meeting. Special or additional meetings may be called at any time by the Chairman or by any five members of Management Committee upon not less that 7 days notice.

(ii) The Chairman shall act as chairman at all meetings of Management Committee. If the Chairman is absent from any meeting then the Vice Chairman shall act as Chairman. If the Vice Chairman is absent then members present shall choose one of their number to be chairman of the meeting before any other business is transacted.

(iii) There shall be a quorum when at least five members of Management Committee, of which three must be elected officers, are present at the meeting.

(iv) Every matter shall be determined by a majority of votes of members of Management Committee present and voting.

(v) Management Committee shall keep Minutes in a permanent book dedicated to the purpose of the proceedings of each meeting of Management Committee.

(vi) Management Committee may from time to time make and alter rules for the conduct of their business, for the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this Constitution.

(vii) Other than in respect of major policy decisions Management Committee may appoint and operate through one or more sub committees consisting of three or more members, one of whom shall be the Chairman or Vice Chairman of Management Committee, appointed by Management Committee for the purpose of making any enquiry or supervising or performing any function or duty which in the opinion of Management Committee would be more conveniently undertaken or carried out by a Sub Committee provided that all acts, proceedings and decisions of any such Sub Committee shall be fully and promptly
reported to Management Committee. Decisions by Sub Committee shall be substantive, take effect immediately and shall be final unless challenged and overturned by a majority of those present and voting at a meeting of Management Committee.

(viii) Where possible no person shall hold two or more substantive posts unless approved at an Annual General Meeting.

11. EXECUTIVE BOARD OF MANAGEMENT COMMITTEE

An Executive Board shall be responsible for overseeing the day-to-day organisation and proper running of the Association and shall comprise of the Chairman, Vice Chairman, Honorary Secretary and Honorary Treasurer.

12. COUNTY STRUCTURE (Areas)

(i) The Association shall consist of four Areas designated North, South, East and West. Members may belong to whichever Area is most convenient for their own geographical location.

(ii) The Area shall be managed by a committee consisting of Chairman, Secretary, Treasurer, Appointments Officer for the Area (to assist County Appointments Officer) and such number of other members as shall be determined at the Area Annual General Meeting. All committee members shall serve for 1 year.

(iii) The Area Committee shall oversee all business within the Area. They shall be responsible for the smooth running of the Area and shall arrange meetings, quizzes, talks and social events at their discretion for the benefit of members.

(iv) The Area shall hold an Annual General Meeting in the two months prior to the County Annual General Meeting.

(v) The Area shall appoint two Nominated Members to represent the Area on Management Committee. Deputies shall be identified to represent the Area in the absence of a Nominated Member.

(vi) No resolution of an Area Meeting shall be binding on the Association generally unless put to and approved by Management Committee.

(vii) Areas may hold funds for such purposes as their own Constitutions specify. The Association shall have no responsibility, or liability for, or call upon these funds. They shall be kept separate from any monies that the Area may hold on behalf of the Association.

13. RECEIPTS AND EXPENDITURE

(i) The funds of the Association, including all donations, sponsorship contributions and bequests, shall be paid into accounts operated by Management Committee in the name of the Association at such bank or banks as Management Committee may from time to time decide.

(ii) Management Committee shall authorise the Honorary Treasurer plus two others living within his Area, as named signatories, to sign cheques on behalf of Management Committee. The signature of any two shall be sufficient on any cheque.

(iii) Any Area or Training Accounts should be managed in similar manner for security and protection of members’ interests. The principles and procedures as laid out in Clause 14 should also be applied to these accounts.

(iv) The funds belonging to the Association shall be applied only in furthering the Aims and Objectives.

14. ACCOUNTS

(i) Management Committee shall have responsibility for ensuring that the duties of the Honorary Treasurer:

[a] to keep and maintain full records of all Accounts;

[b] to report on state of accounts at Management Committee meetings and at specific times based upon financial circumstances or request from external auditors/legislation with the approval of Management Committee;

[c] to prepare Draft Annual Statements of Account of the Association for submission to Management Committee for approval;

[d] to have the Draft Annual Statements of Account independently audited

[e] are properly discharged.

(ii) The financial year shall run from the 1st November to the 31st October each calendar year.

(iii) Management Committee shall be responsible for approving and publishing the Association’s Audited Annual Statements of Account and for ensuring that they are circulated to all members attending the Annual General Meeting. Copies should also be made available to any other members requesting same and providing a stamped self-addressed envelope.

(iv) Subject to the responsibilities of the Honorary Treasurer, Management Committee shall have full control of the funds and assets of the Association and shall approve banks into which monies due to the Association are paid.

(v) None of the funds or assets of the Association shall be paid or distributed amongst members of the Association except as reimbursement for out of pocket expenses for work done on behalf of the Association.

15. ANNUAL GENERAL MEETING

(i) There shall be an Annual General Meeting of the Association which shall be held in the month of November in each year or as soon as practicable thereafter for the following purposes

[a] to receive a report on the activities of the Association over the preceding financial year including reports from officers and Areas;

[b] to receive and approve the audited accounts for the preceding financial year;

[c] to receive the result of any postal ballot. Ballot papers shall be circulated to all members with the agenda not less that 21 days before the date of the Annual General Meeting;

[d] when appropriate, to elect a President, Honorary Members and Life Members;

[e] to elect officers to Management Committee;

[f] to appoint an Auditor;

[g] to transact any other business of which proper notice has been given;

(ii) Motions to be submitted to Annual General Meeting, unless proposed by Management Committee, shall be proposed and seconded by members of the Association and reach the Honorary Secretary not later than 30 September. Motions to be proposed by Management Committee shall be agreed by such time as permits publication as provided for in Clause (iii) below.

(iii) Notice of the Annual General Meeting, together with notice of Motions submitted for debate and Management Committee’s nominations for elected officer shall be sent to members by 15th October. Any amendments or counter proposals shall be notified, in writing, to the Honorary Secretary no later than 21 days before the date of the Annual General Meeting.

(iv) A final agenda, if different from that circulated with Notice of Annual General Meeting, will be circulated to all members not later than 14 days before the date of the Annual General Meeting.

(v) No Motions or Amendments other than those on the final agenda may be considered at an Annual General Meeting. However, at the discretion of the Chairman and with the agreement of at least two-thirds of members of the Association present, an emergency resolution may be moved and amendments taken thereto.

(vi) A Special General Meeting of the Association may be called by the Chairman of Management Committee or on the written request of 25 paid-up members of the Association, of whom no more than 12 shall be in the same Area. Any such written request shall state the purpose, for which the meeting is to be called, and this meeting shall be held within 60 days of the date of receipt of the request, at least 21 days’ notice being given to members of the Association in writing.

(vii) At a Special General Meeting, no business may be conducted save for that of which Notice has been given.

(viii) The quorum for an Annual or Special General Meeting shall be 25 paid-up members of the Association.

(ix) At an Annual General Meeting a simple majority of all members of the Association present shall be required to carry a Motion.

(x) At a Special General Meeting, a two thirds majority of those present and voting shall be required to carry a Motion.

(xi) The Honorary Secretary or other person appointed by Management Committee shall keep a full and accurate record of proceedings at every General Meeting of the Association.

16. NOTICES

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

17. ALTERATIONS TO THE CONSTITUTION

(i) Subject to the remaining provisions of this Clause, the Constitution may be altered by a Resolution passed by not less that two-thirds of the members of the Association 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.

(ii) Management Committee shall be responsible for ensuring that this Constitution is adhered to and shall be the authority for the interpretation of this Constitution and shall have the authority to decide on any point not covered by it.

(iii) Each member of the Association shall be entitled to be provided without charge with one copy of this Constitution, any alterations or amendments to it and any Regulations made under it. Notice of any such amendment or of any such Regulations shall be published as soon after they are made as is practicable.

(iv) This Constitution shall come into effect on the nineteenth day of September 2008.

18. DISSOLUTION

If Management Committee decides that it is necessary or advisable to dissolve the Association it shall call a meeting of all members of the Association of which not less than 21 days notice (stating the terms of the Resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting Management Committee shall have power to realise any assets held by or on behalf of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other organisation as the members of the Association may determine.

19. GENERAL

(i) Ties, badges and other items of clothing bearing the Association insignia/emblems of designs approved by the Management Committee shall be available to members;

(ii) The prices, conditions of sale and use of insignia shall be determined by Management Committee; and

(iii) All Association insignia and emblems are and remain the copyright of the Association who shall apply conditions as to their use and distribution. Members of the Association who cease or terminate their membership shall not be entitled to wear any item of the Association insignia thereafter.

This Constitution was accepted at AGM of DACO on 17 th November 2011