San Diego United Netball Club Constitution and Bye Laws

 

ARTICLE 1

 

Name

 

The name of this organization shall be San Diego United Netball Club, which shall be referred to as SD United, and it shall be a non-profit organization.

 

 

ARTICLE 2

 

Definition

 

a)       Member shall refer to an individual player or supporter who joins the club.

b)       New member shall refer to an individual or supporter joining SD United for the first time or a member whose membership has lapsed.

c)       Club member shall refer to a person who is a member of SD United.

d)       EXECUTIVE shall be referred to as defined in ARTICLE

 

 

ARTICLE 3

 

Aims and Objectives

 

The objective of SD United shall be to promote the game of netball in San Diego County and its surrounding counties, in the interest of its members, and to cooperate with any other Clubs and Associations in the United States, and the California Netball Association (C.N.A.) and all other countries where the game of netball is played, to advance and support the welfare of the game and its players.

 

 

ARTICLE 4

 

Representative Colors

 

The colors of SD United shall be green and gold.

 

ARTICLE 5

 

Membership

 

Any individual may become a full member of SD United.

 

 

ARTICLE 6

 

Application for Membership

 

a)       All applications shall be made in writing to the Membership Secretary or President of SD United.

b)       The membership fees are currently $80.00 per year per playing/non-playing member. These fees are due with the application after each member has attended two training sessions. Fees will be pro-rated according to the month of joining. Fees are subject to change.

c)       Full membership is obtained by registering and paying the membership fee. This registration certifies membership from September 1st to August 31st of the following year.

d)       Members who are renewing their membership with SD United must do so by September 1st. Any membership fees received on or after October 1st will incur a late charge of $15.00.


e)       Each Applicant for full membership shall submit with their application an Emergency Contact Form containing relevant information.

 

 

ARTICLE 7

 

Obligation of Members

 

a)       To forward membership fees by the due date, September 1st of each year, to the Membership Secretary.

b)       A member electing to serve on the SD United Executive (the Board) must nominate at least two weeks (14days) before the Annual General Meeting (AGM); Similarly, any member electing another member to serve on the Board must nominate that member at least two weeks (14 days) before the AGM.

c)       Elect members to serve on the Board – President, Vice President, Treasurer, Membership Secretary, Public Relations Coordinator and/or any other positions deemed necessary by the governing Board.

d)       Serve on Committees as designated by the Board.

e)       Be a spoke person for SD United and for the sport of netball in California and the United States.

f)         Direct their concerns regarding SD United and its members, the C.N.A., and the sport of netball to the Board.

 

 

ARTICLE 8

 

Resignations of Board Members

 

Resignations must be submitted in writing to the Membership Secretary or President of SD United. The resignation will take effect thirty (30) days from the date of receipt, or sooner by the President’s discretion.

 

 

ARTICLE 9

 

Vacancies

 

It is the duty of the Board to organize the filling of any vacancies due to resignations or otherwise. Nominations shall be requested from the members of SD United and a Special General Meeting shall be called to hold an election. In the event that only single nominations are received the nominated or nominating member will continue to serve out the term of the vacated position. In the event that the vacancy is that of the President, the Vice President should assume the position of President and a new Vice President shall be elected. If there is no Vice President the Treasurer should assume temporary responsibility until the elections are held.

 

 

ARTICLE 10

 

Removal

 

The Board shall have the power to counsel and request that a member whose conduct is deemed to be detrimental to SD United and the game of netball to leave the Club.

 

 

ARTICLE 11

 

Management

 

The supreme authority of SD United shall be vested in any General Meeting of the SD United. The Management of events relating to SD United shall be vested in the elected Committee for the specific event/s.

ARTICLE 12

 

Officers

 

The Officers of SD United shall belong to members of SD United and shall be President, Vice President, Treasurer, Membership Secretary and Public Relations Coordinator and any other officers SD United deem necessary from time to time. These officers shall be elected at the AGM of SD United. The minimum officers required by SD United shall be the President and the Treasurer.

 

a)       The election of officers shall be held on or before August 31st at the AGM.

b)       All nominations must be proposed and seconded by persons entitle to vote.

c)       Consent of all nominees shall be obtained before the meeting.

d)       Officers shall be elected for one (1) year and shall be eligible for reelection. Officers can only serve two (2) years consecutively.

e)       Officers should serve from September 1st after the elections to August 31st of the following year.

f)         The elections shall be by secret ballot with the assistance of one teller appointed at the AGM.

g)       An officer shall be elected by a simple majority of votes.

 

 

ARTICLE 13

 

Duties of Officers

 

A)      The President shall:

i)                                      Preside at all meetings of SD United.

ii)        Appoint all Standing or Special Committees and/or other officers of SD United if necessary.

iii)      Call a Special Meeting of the Board or a General Meeting of members should it be deemed necessary.

iv)       Promote SD United and the sport of netball.

v)        Liaise with potential sponsors and players/non players and refer them to the appropriate Officer to facilitate their sponsorship and/or membership of SD United;

vi)       Liaise with the C.N.A. in matters relating to the business of netball to include elections, scheduled games and tournaments and with other netball associations as the need arises.

 

B)      The Vice President shall:

i)                                   Preside in the absence of the President.

ii)        Assume and discharge of the President

iii)      Assist other officers of the Board as necessary and when a situation arises that precludes the officer from carrying out their positional responsibilities, including resignation.

iv)       Promote SD United and the sport of netball.

v)        Refer potential sponsors and players/non players to the appropriate Officer to facilitate their sponsorship and/or membership of SD United.

 

C)      The Membership Secretary shall:

i)     Give two (2) weeks notice of all meetings, including those set up by the various Committees.

ii)        Record all minutes of the General, Executive (Board) and Special meetings of SD United, and designate a member of any elected Committee to record minutes and give them over to the Secretary.

iii)      Distribute minutes to all members of the respective meetings within two (2) weeks from the meeting date.

iv)       Conduct all general correspondence and keep copies of all correspondence.

v)        Keep accurate listings of the membership of SD United with addresses, telephone numbers and emails of each member, and maintain an up to date Emergency Contact Form for each member.

vi)       Keep all SD United records filed in an orderly manner and turn them over to the incoming Secretary at the end of the term.

vii)     Assist Committees in preparing documents for SD United business.

viii)    Promote SD United and the sport of netball.

ix)      Refer potential sponsors and players/non players to the Public Relations Coordinator to facilitate their sponsorship and membership.

 

D)      The Treasurer shall:

i)     Keep proper books of account.all meetings, including those set up by the various Committees.

ii)        Pay all accounts approved by the Board, President or General Meeting.

iii)      Report the state of finances at every Board meeting. Conduct all general correspondence and keep copies of all correspondence.

iv)       Present a Balance Sheet and complete audited statement of accounts at the AGM of SD United.

v)        Make all arrangements for the printing, sale and distribution of publication and SD United merchandise authorized by the Board.

vi)       Keep all SD United records filed in an orderly manner and turn them over to the incoming Treasurer at the end of the term.

vii)     Keep all accounts and deposits in the name of San Diego United Netball Club.

 

E)      The Public Relations Coordinator shall:

i)     Be responsible for promoting SD United and its events through the media and any other means available.

ii)        Advise on the layout and design of SD United’s publication and advertising materials, and to coordinate the official website.

iii)      Promote the game of netball in California and U.S.A. and specifically promote SD United and build contacts with the media, public relations companies and sponsors.

 

 

ARTICLE 14

 

Chairperson

 

The President shall be the Chairperson at meetings of the Board and the General membership of SD United. In his/her absence, and in the absence of the Vice President, the meeting of the Board shall elect its own Chairperson and any SD United Officer present will be Chairperson of the General meeting.

 

 

ARTICLE 15

 

The Executive (Board)

 

The Board shall consist of the elected members of SD United and other persons appointed by the Board or President.

 

The Board shall:

Make decisions related to the membership and the sport of netball as it relates to SD United.

b)    Make recommendations to the membership.

c)    Enforce decisions of the C.N.A relevant to SD United and the sport of netball in SD County.

 

 

The Board shall have the following powers:

 

a)       To carry out the aims and objectives of the Board with regard to administrative details but matters of policy shall be referred to the general meeting of the SD United membership for vote and final decision.

b)       To manage and control the finances of SD United.

c)       To delegate such powers as it may deem advisable to its duly appointed Committees.

d)       To appoint such Committees as it may deem advisable from time to time to assist in carrying out its duties.

e)       To receive requests, subscriptions and donations for approved, specific netball or general purposes connected with Netball and to manage same.

f)         To approve By Laws.

g)       To prepare and submit any and all reports and statements as required in this Constitution.

h)       To fill vacancies among Officers of SD United and its Committees and elect delegates to the C.N.A. should the general membership decline to do so.

i)         To consider all resolutions for the AGM and to have the power where necessary to reword same.

j)         If any matter occurs, which in the opinion of the Board is not provided for in these rules, it shall be determined by the Board or President as may be deemed expedient.

 

Any member of the Board who shall be absent from three (3) consecutive meetings of the said Board without leave of absence or apology to the satisfaction of the Board shall be deemed as having vacated their office and said office will be nominated by designation of the President until a member election can be called.

 

 

ARTICLE 16

 

Meetings of the Executive (Board)

 

Meeting shall be held at least once every month and shall be called by the President or at the request of the majority of the Board. The Secretary of SD United shall give at least ten (10) days notice in writing for all such meetings. Whenever a quorum cannot be formed the Officers present will attend to all matters of SD United. Absent Officers will be asked to vote by phone, email or in writing, after the fact for the business at hand. Three members of the Board shall constitute a quorum.

 

 

ARTICLE 17

 

Voting at Meetings of the Board/Membership

 

a)       Each member of the Board and/or the membership shall be entitled to one vote.

b)       Proxy votes must be in writing otherwise an absent member will not have a vote.

c)       The Chairperson shall have a second vote or casting vote only in the event of a tie.

d)       At all meeting the vote of the majority shall rule except where specific majorities are stated in these rules.

e)       Voting on any question shall be by ballot if desired by any member present.

 

 

ARTICLE 18

 

Representation at General Meetings of the C.N.A.

 

The membership of SD United may elect four delegates to attend said meetings. Names of elected delegates will be submitted to the SD United Secretary. The Membership Secretary will forward said names to the C.N.A. fourteen (14) days or more before the date of the General Meeting of the C.N.A.

 

 

ARTICLE 19

 

Meetings of SD United

a)              The AGM shall be held on the third (3rd) Sunday in August each year. The date may be changed as deemed necessary by the governing Board.

b)                   At the AGM of SD United, the quorum shall be 30% of the total membership.

c)                   The business of the AGM shall be:

 

i)     Roll call, present and apologies.

ii)    Confirmation and acceptance of the Minutes of the last AGM.

iii)   Presentation of the annual report and balance sheet.

iv)       Committee reports.

v)        To consider motions, notice of which has been given in accordance with these rules.

vi)       Election of officers.

vii)     General business.

 

d)                   A call for a Special Meeting must state the business to be transacted and no other business shall be transacted except that which is stated in the call. Notice may be made by telephone or in writing, but however given there must be five (5) days notice minimum for a Special Meeting.

e)                   Special business shall be:

 

i)     To alter or annul any of these rules and regulations.

ii)    To add a new rule or regulation.

iii)       To counsel a member and ask them to leave the Club if deemed necessary.

iv)       To express no confidence in any Officer.

v)         To move without notice of motion on matters of extreme urgency, which shall not include the alteration or annulment of any rules and regulations.

 

 

ARTICLE 20

 

Notice of Meetings

 

a)    A notice of every General Meeting shall be posted or emailed to all Members at least two weeks prior to the date fixed for such a meeting. Such notice shall specify the date, time, place and nature of the business of the meeting. The accidental omission to give such notice shall not invalidate the proceedings of any General Meeting.

b)    Motions concerning any business that any Member wishes to be considered at the AGM, must be received by the Membership Secretary at least three (3) weeks before the meeting, provided that other business may be brought forward without notice if a majority vote of the meeting is in favor. Such business shall not include alterations to these Rules and Regulations.

c)       The Membership Secretary shall make a copy of each motion to be circulated to all members at least two (2) weeks before the AGM.

 

 

ARTICLE 21

 

Voting at General Meetings

 

a)       Each member has one vote.

b)       No individual except the Chairperson shall exercise more than one vote.

c)       In case of equality in voting, the Chairperson shall have a second vote or casting vote only in the in addition to any he/she may be entitle to exercise.

d)       Only members in good financial standing will be permitted to vote.

e)       All ordinary business at the AGM shall be decided by a bare majority on a show of hands of those present and entitled to vote, or by ballot if called for. All special business as defined in Article 19 (e) shall be decided by one-third majority of the voting power of the meeting properly recorded by a show of hands or by a ballot as required by the meeting.

 

 

ARTICLE 22

 

Motions at Meetings

 

a)       Any individual entitle to vote may move a motion and shall be entitle to speak on it before it is seconded. If after such a speech the motion is not seconded, it shall be deemed rejected by the meeting. Any motion standing in the name of the Board need not be seconded and Members of the Board shall speak first on such motions.

b)       Except with the permission of the Board, no motion lost or rejected at the General Meeting may be brought up again until after the expiration of six (6) months.

c)       A motion to rescind a resolution passed at a previous meeting must be circulated on the agenda and carried by two-thirds of those present and voting.

 

 

ARTICLE 23

 

Lack of Quorum at Meetings

 

If within thirty (30) minutes from the time appointed for a meeting a quorum of Members is not present, the meeting is convened on the requisition of Members shall stand adjourned to the same day in the following week at the same time and place. If, at the adjourned meeting, the quorum is not present with thirty (30) minutes of the appointed time, members present and entitled to vote shall form a quorum. Board meetings are exempt from this article. The procedure followed for Board Meetings shall be as specified in Article 16.

 

 

ARTICLE 24

 

Finance

 

a)       The financial year of SD United shall begin on September 1st and close on August 31st of the following year. All member fees are due by September 1st of each year. Fees will be pro-rated for members who join after the beginning of the year.

b)       All monies received shall be paid into credit of San Diego United Netball Club at a bank/banks to be appointed by the Board, President or Treasurer.

c)       All accounts shall be passed by the Board/President and paid by check signed by the Treasurer or President. In the event that both the Treasurer and the President are unavailable due to circumstance, the Vice President and/or the Membership Secretary may sign checks.

d)       The Board shall appoint an Auditing Committee that shall audit the accounts of the Treasurer and report at the AGM in August.

e)       The Board shall have the power to borrow money in such a manner and on such terms as it shall deem fit, but such power shall not be exercised except by two-thirds of the total voting power of the membership.

 

 

 

 

 

ARTICLE 25

 

Fees and Levies

 

a)     The annual fees or levies of each member shall be determined by the General Meeting from time to time or by the President and Treasurer.

b)     Any member whose fees or levies remain unpaid after October shall forfeit his/her right to Club representation until payment is made. They will be subject to the late fee of $15.00.

 

 

ARTICLE 26

 

Trustee

 

The Officers of SD United shall be the Trustees of SD United.

 

 

ARTICLE 27

 

By Laws

 

a)           The Board is empowered to make rules and recommend By Laws as are deemed necessary from time to time.

b)           The By Laws may be voted on and adopted at any General Meeting of SD United.

c)           All By Laws shall come into operation as soon as voted and shall until revoked, be binding on all members as if they were contained in the Constitution. Ignorance of these By Laws may not be pleaded as an excuse for infraction.

 

 

ARTICLE 28

 

Affiliations

 

The Board shall ensure that SD United is a member in good standing of the C.N.A.

 

 

ARTICLE 29

 

Games and Tournaments

 

The Board shall:

 

a)       Circulate in a timely manner, a planned playing schedule and competition rules to members.

b)       Forward protests or make enquiries pertaining to scheduled games and/or tournaments.

c)       Subsidize players and/or spectators of SD United. Reimbursement of $50 will occur only after submission of an expense report for attendance at a tournament. This amount can be varied by the Board, depending upon expenditure for the specific tournament.

 

Financial members of SD United may elect to attend tournaments whenever possible.

 

 

ARTICLE 30

 

Sub Committees

 

a)    The Board shall have the power to appoint Committees as it deems necessary.

a)       Each Committee shall include at least one member of the Board.

b)       Each Committee shall:

 

i)     Elect its own Chairperson who shall have an original as well as a casting vote.

ii)    Act on terms of reference laid down by the Board.

iii)      Record minutes of the Meeting for presentation to the Membership Secretary.

iv)       Report to the Board.

 

d)    The President and Membership Secretary of SD United shall be ex-officio members of all Committees, with the exception of the Selection Committee, but shall not unless specifically appointed by the Board as members of the Committee, be entitled to vote.

 

 

ARTICLE 31

 

Rules of International Netball

 

a)    All members of SD United shall play according to the Code of Rules of the International Federation of Netball Associations (IFNA).

b)       The Constitution, By Laws and Code of Rules of the IFNA shall prevail.

c)       The C.N.A. Umpires’ Sub-Committee shall be the authority for interpreting the Rules of International Netball.

 

 

ARTICLE 32

 

Amendment of Constitution

 

No amendment to the Constitution shall be made except at a general meeting or at a Special Meeting called for the purpose by resolution, carried by a majority of at least two-thirds of the voting power properly recorded at the meeting. At least three (3) weeks’ notice of such proposed alterations shall be given to all members in either case. Any alteration so made shall take effect immediately unless the meeting shall, by a majority, decide otherwise.

 

 

ARTICLE 33

 

Interpretation

 

In case of differences of opinion as to the meaning of these Rules, the Board President shall interpret the Rules.

 

 

ARTICLE 34

 

Dissolution

 

SD United shall not be dissolved unless all liabilities have been discharged and a motion shall be passed by a majority of the votes recorded at a General Meeting convened for that purpose. Upon the dissolution of SD United, any surplus remaining after payment of all liabilities shall be paid over to a designated charitable organization.

 

 

 

ARTICLE 35

 

Rules and Regulations and Decisions Binding

 

The Rules of Netball as adopted and amended from time to time by the C.N.A. and the Rules and Regulations of SD United for the time being in force, and the decision of the Board President on all doubtful and disputed points arising in connection therewith, shall be binding on all members.

 

 

ARTICLE 36

 

Indemnity

 

No act, matter or thing done by the Board or any Committee or persons acting under the power delegated to them by the General Meeting or the Board/President shall be deemed to be invalidated by reason only of an inadvertent irregularity in appointment.

 

a)    Each member of the Board shall be indemnified by SD United against all losses and expenses incurred, in or about the discharge of their duties, except such as it happens to be by their own willful act, negligence or default. No member of the Board shall be responsible for:

 

i)     Any other member of the Board or for any other Officer, clerk, or assistant of SD United by the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the Board.

ii)    The bankruptcy or any torturous act of any customer or debtor of the Board.

iii)      Anything done in the execution of his/her duties or his/her office or in relation thereto, or otherwise than his/her own willful act or default.

 

c)       Any and all players who participate in the sport of netball do so entirely at their own risk and shall not hold liable SD United, its officers, members, the netball facility/facilities for any personal injury, loss or damage to property.

 

 

Constitution drawn up June 30, 2003