Cradle Coast Mountain Bike Club Inc Constitution

Below is the proposed constitution for the proposed Cradle Coast Mountain Bike Club. Sorry - it is really really long but I'm a relative newby to advanced features of blogging and couldn't work out how else to do it.

If you would like to download a copy you can either highlight the text and copy and paste into a word document on your computer, or send an email to nwtassiemtb@gmail.com requesting a copy via email.


Cradle Coast Mountain Bike Club Inc Constitution
CCMBC Inc



1.0 NAME:
The name of the Club is the “Cradle Coast Mountain Bike Club Incorporated” (CCMBC) hereinafter referred to as “The Club” or “Club”

1.1 The office of the Club shall be 39 Coroneagh St Penguin or such other places as the committee may from time to time determine.

2.0 OBJECTIVES:

The objectives of the Club are:-

2.1 To promote the sport of Mountain Biking (MTB) nationally, intrastate and in the Cradle Coast Region
2.2 To provide tracks for recreational and competition MTB riding in Tasmania
2.3 To support rider development, including development of junior riders.
2.4 To conduct and/or support MTB racing
2.5 Support for trail access for Northwest Tasmania
2.6 A world class MTB park in the Dial Range

3.0 ATTAINING OBJECTIVES
The Club shall be empowered to do all things necessary which are incidental to and necessary for the attainment of the objectives of the Club.

4.0 PROPERTY OF THE CLUB
The Club must apply all property and income of the Club towards the promotion of the objectives or purposes of the Club and no part of that property or income is to be paid or otherwise distributed, directly or indirectly, to members of the Club, except in good faith in the promotion of those objectives or purposes.

5.0 POWERS OF THE CLUB:
5.1 To acquire, hold, deal with, and dispose of any real or personal property;
5.2 To open and operate bank accounts;
5.3 To invest its money –
(i) in any security in which trust moneys may be invested; or
(ii) in any other manner authorised by the rules of the Club;
5.4 To borrow money upon such terms and conditions as the Club thinks fit;
5.5 To give such security for the discharge of liabilities incurred by the Club as the Club thinks fit;
5.6 To appoint agents and employees to transact any business of the Club on its behalf for reward or otherwise;
5.7 To build, construct, erect, maintain, alter or repair any premises, building or other structure of any kind and to furnish equip and improve the same for use by the Club;
5.8 To accept donations and gifts in accordance with the objectives of the Club;
5.9 To print and publish any information by any media including emails, websites, newsletters, newspapers, articles or leaflets for promotion of the Club;
5.10 To provide gifts and prizes in accordance with the objectives of the Club;
5.11 To conduct (MTB) competition events
5.12 To organise social events for Members and the promotion of the Club; and
5.13 To enter into any other contract the Club considers necessary or desirable.

6.0 MEMBERSHIP:

6.1 Membership shall be open to any person who wishes to further the objectives of the Club.
6.2 Each person admitted to Club membership shall be;
6.2.1 Bound by the Constitution and By-Laws of the Club.
6.2.2 Liable for such fees and subscriptions as may be fixed by the Club.
6.2.3 Entitled to all advantages and privileges of membership.
6.3 Membership shall be conditional upon payment of the prescribed annual subscription, and any other prescribed fees as determined.
6.4 Membership Categories:



6.4.1 SENIOR MEMBER
Any person who is a full financial member of the Club is classed as an Ordinary Member, and is entitled to hold any office and enjoy the privileges of the Club.
6.4.2 SOCIAL MEMBER
Persons other than Ordinary Members who are interested in promoting the Club, but who do not wish to participate in the racing activities of the Club, may become Social Members.
6.4.3 JUNIOR MEMBER
Any person under the age of 18 years may become a Junior Member. Junior Members shall have no voting rights nor be entitled to hold any office. An application for Junior Membership must be signed by a parent or guardian.

6.4.4 LIFE MEMBERSHIP
The Management Committee may confer Life Membership on any member who has given outstanding service to the Club. Any member may nominate a person to the Management Committee for consideration for Life Membership.

6.4.5 PATRON
The Club may, at its discretion, elect a patron/s or vice patron/s of the Club for such period as may be deemed necessary. Such patron/s or vice patron/s shall not be eligible to vote unless they are current Members of the Club under another category of membership.

6.4.6 AFFILIATED CLUBS OR TEAMS
A club or team desirous of becoming an affiliated club or team must make application in accordance with the By-Laws of the Club. Such application must be lodged with the Club Secretary on or before a date as determined by the Management Committee of the Club. Each affiliated club or team shall appoint or elect a delegate as his or her representative to meetings of the Management Committee.

6.4.7 HONORARY MEMBER
For interested people who are visiting the area for approximately one month, they will have no voting power



6.5 The Management Committee shall appoint a member of the Management Committee to maintain an up to date register of Members of the Club.

6.6 A Member may at any reasonable time inspect the records and documents of the Club.

7.0 SUBSCRIPTIONS:

7.1 The amount of the annual subscription shall be determined each year by the Management Committee.
7.2 The annual subscription from each member is valid for Twelve (12) months
8.0 TERMINATION OF MEMBERSHIP

8.1 Any person’s membership may be terminated by the following events;
8.1.1 Resignation
8.1.2 Expulsion
8.1.3 A Member’s annual membership fee remains unpaid one month after falling due;
8.2 The Management Committee shall, after having undertaken due inquiry, have the power to suspend or expel any member of the club for:
8.2.1 False or inaccurate statements made in the member’s application for membership of the Club, or
8.2.2 Breach of any rule, regulation or By-law of the Club, or
8.2.3 Any act detrimental to the Club.
.
8.3 Any Member who is expelled, suspended or has their membership terminated, shall have the right to appeal against their suspension or expulsion by presenting their case to a Special General Meeting called for such purpose, and the decision of the Special General Meeting shall be final.

9.0 MANAGEMENT COMMITTEE

Note that the Management Committee may also be known as the Executive Committee, that Management Committee persons may also be referred to as Office Bearers and that the main Office Bearers may be referred to as The Executive.

9.1 Management of the Club shall be vested in the Management Committee elected by the members at the Annual General Meeting and consisting of;
9.1.1 President
9.1.2 Vice-President
9.1.3 Secretary
9.1.4 Treasurer
9.1.5 Four (4) committee members, where ever possible to represent the four main MTB disciplines of Cross country, Downhill, Dirt jump and 4 cross, MTNX


9.2 The Secretary of the Club, or a person nominated by the Management Committee, will be the Public Officer;
9.3 Candidates for the positions of President, Secretary and Treasurer must have been financial members and Committee members of the Club in the prior year. Unless the management committee decides otherwise
9.4 The term of office bearer is twelve (12) months, with all office bearers eligible for re election at the following AGM (Annual General Meeting)
9.5 A quorum of the Management Committee shall be half of its members plus one.
9.6 If the President or Vice President fails to attend a meeting, then a chairperson nominated by the meeting shall chair that meeting.
9.7 A member of the Management Committee may lose his or her seat on the committee for either of the following;
9.7.1 Absence from three or more meetings without leave of absence.

9.7.2 Not being a financial member.

9.8 The Management Committee shall on the requisition in writing of not less than 10% of its financial Members convene a Special General Meeting of the Club

9.9 The Clubs Management Committee may whenever it thinks fit convene a Special General Meeting of the Club



10.0 POWERS OF THE MANAGEMENT COMMITTEE
10.1 The Management Committee shall carry out the day-to-day running of the Club and shall have the power to:
10.1.1 Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such account;
10.1.2 Fix the manner in which such banking accounts shall be operated upon, providing the Management Committee passes all payments;
10.1.3 Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof;
10.1.4 Adjudicate on all matters brought before it which in any way affect the Club.
10.1.5 Cause minutes to be made of all proceedings at meetings of the Management Committee, Special General Meetings and the AGM;
10.1.6 Make, amend and rescind rulings and By-laws;

10.1.7 Have the power to form and appoint any sub committee/s as required
for specific purposes

10.1.8 Employ, at their discretion, a person or persons to carry out certainduties
required by the Club, at salaries or remunerations for such period of time,
as may be deemed necessary
10.1.9 Appoint a successor until the next AGM, in the event that a vacancy
occurs on the Management Committee during the season.
10.1.10Appoint an officer/s or agent of the Management Committee
to have custody of the Club’s records, documents and securities.

AUDITOR
10.2 The AGM shall elect or appoint an Auditor or Auditors.
10.3 The Auditor/s shall examine and audit all the books and accounts of the
Club annually, and have the power to call for all books, papers, accounts,
receipts etc., of the Club and report there on to the AGM.
10.4 If income is believed to be below $40,000, we the Management
Committee will seek to pass a resolution to apply for an audit exemption.

11.0 CLUB MEETINGS:
11.1 Annual General Meeting
11.1.1 The AGM of the Club must be held no later than the 30th September in any year.
11.1.2 The Secretary shall give the Club Members at least fourteen (14) days notice of the date of the AGM.
11.1.3 Any financial member may attend the AGM.
11.1.4 The quorum at the AGM shall be a minimum of 10% of the Club’s financial
members. If, at the end of 30 minutes after the time appointed in the
notice for the opening of the Meeting, there be no quorum the meeting
shall stand and adjourn for one week. If at such meeting there is no
quorum those members present shall be competent to discharge the
business of the meeting.
11.1.5 The agenda for an AGM shall be;
· Opening of Meeting
· Apologies
· Confirmation of Minutes of previous AGM
· Presentation of Annual Reports (including President’s, Treasurer’s,
Auditors)

· Adoption of Annual Reports
· Election of New Executive and appointment of Auditor/s:
or
· Pass a resolution to apply for an audit exemption
· Vote of thanks to outgoing Executive
· Determination of Annual Membership Fee
· Notice/s of Motion. Honorarians if any
· Closure

11.2 Special General Meetings
11.2.1 Special General Meetings may be called by the Management Committee or at the request of the President and Secretary or on the written request of 10% of the financial members of the Club.
11.2.2 The Secretary shall give at least seven (7) days notice, in writing, of the date of the Special General Meeting to the members. Notice of Special General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that Special General Meeting.
11.2.3 The quorum at the Special General Meeting shall be a minimum of 15% of the financial members of the Club.

12.0 VOTING
12.1 Voting powers at the Annual General Meeting and Special General Meetings:
12.1.1 The President shall be entitled to a deliberate vote and, in the event of a tied vote the President shall exercise a casting vote.
12.1.2 Each individual financial member present shall have one (1) vote.
12.2 At Annual General and Special General Meetings, the sense of the meeting shall be determined by a show of hands unless a ballot or division is demanded by fifteen 15% of the financial members present.
12.3 Voting powers at Management Committee Meetings;
12.3.1 The President shall be entitled to a deliberate vote, and, in the event of a tied vote, the President shall exercise a casting vote.
12.3.2 Each individual committee member present shall have one (1) vote.



13.0 FINANCE:
13.1 All funds of the Club shall be deposited into the Club’s accounts at such bank or recognised financial institution as the Management Committee may determine.
13.2 All accounts due by the Club shall be paid by cheque after having being passed for payment at the Management Committee Meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee Meeting.
13.3 The Secretary shall not spend more than a set amount Petty Cash without the consent of the Management Committee, and shall keep a record of such expenditure in a Petty Cash Book.
13.4 A statement showing the financial position of the Club shall be tabled at each AGM by the Treasurer.
13.5 A statement of Income and Expenditure, Assets and Liabilities shall be submitted to the AGM. The auditor’s report shall be attached to such financial report.
13.6 The financial year of the Club shall commence on 1st July each year. The accounts, books and all financial records of the Club shall be audited each year if the clubs income exceeds $40,000 Per Annum
13.7 The signatories to the Club’s account/s will be the Treasurer and any one (1) from the following;
· President
· Vice President
· Secretary

13.8 All property and income of the Club will apply solely to the promotion of the objects of the Club and no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these objects.

14.0 COMMON SEAL
14.1 The common seal of the Club shall be kept in the care of the Secretary. The seal shall not be used or affixed to any deed or document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two members of the Committee, both of whom shall subscribe their names as witnesses.

15.0 ALTERATIONS TO THE CONSTITUTION AND BY-LAWS:
15.1 No alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or at a Special General Meeting called for that purpose and notice of all motions to alter, repeal or add to the Constitution shall be given to members fourteen (14) days prior to the AGM, or seven (7) days prior to a Special General Meeting called for such purpose.
15.2 The Secretary shall forward such notices of motion to each Management Committee member at least fourteen (14) days prior to the AGM or seven (7) days prior to a Special General Meeting.
15.3 Alterations to the By-laws can only be made at Management Committee Meetings provided notice of the proposed alteration/s has been duly notified to Committee Members.
15.4 Such motions, or any part thereof, shall be of no effect unless passed by a seventy five percent (75%) majority of those present and entitled to a vote.

16.0 DISSOLUTION
16.1 If, on the winding up of the Club, any property of the Club remains after satisfaction of the debts and liabilities of the Club and the costs, charges and expenses of that winding up, that property shall be distributed to either:
16.1.1 Another incorporated association having objectives similar to those of the Club; or
16.1.2 For charitable or benevolent purposes, which incorporated Association or purposes, as the case requires, shall be determined by resolution of the members.
16.1.3 Any liability shall not exceed $1.00
BY-LAWS

1.0 General.

1.1 The Club Secretary will:
1.1.1 Have custody of the books, documents and securities of the Club.
1.1.2 Ensure that minutes of all Management Committee, AGM and Special General Meetings are taken and kept on record.
1.1.3 Ensure the Club meets its obligations as an Incorporated Club.
1.1.4 Keep and maintain an up to date register of the members of the Club, and their postal or residential addresses, and upon the request of a member of the Club, make the register available for the inspection of the member. The member may make a copy or take an extract from the register, but shall have no right to remove the register for that purpose.
1.1.5 Keep and maintain a copy of the Club Constitution, By-Laws, Rules & Regulations, and make these available to any member upon request.

1.2 The Club Treasurer will:
1.2.1 ensure proper accounting records are kept which correctly record and explain the transactions of the Club and its financial position
1.2.2 ensure that the Club does not incur debts if there are reasonable grounds to expect that the club will not be able to pay all its debts as and when they fall due

1.3 The Club will maintain affiliation with Mountain Bike Australia (MTBA), and ensure that financial members of CCMBC are members of MTBA.


2.0 Race Organisation

1.4 Races will be organised by a Race Committee. The Chair of the Race Committee will be the Race Director.
1.5 The Race Committee shall consist of Club Members appointed by the Management Committee, and will include the Race Director, a Starter, a Timekeeper, a Rider Registrations Manager, a Track Manager and any other members as may be nominated by the Management Committee. (a person may have more than one of the above roles for any given race)
1.6 The Race Committee shall prepare a racing program for the season. Races and seasonal race programs must be approved by the Management Committee prior to release.
1.7 The point score for a season’s events will be kept by the Race Director.
1.8 No racing program shall commence unless First Aid support is in place. (except where the Committee has determined such support is not required for a specific event)
1.9 Races shall start punctually at the time set down by the handicapper. The Rules and Regulations for races conducted by the Club are those published by MTBA.
http://www.mtba.asn.au/
1.10 The Race Director may suspend or disqualify riders from a race for
· violating MTBA Rules or regulations
· unfair or dangerous riding
· use of insulting or improper language to members of the Committee other members of the Club or other riders,
· conduct is not conducive to the welfare of the Club
· not riding the marked course (ie failure to stay on the course proper)