Constitution

1 TITLE **Version Jan 2006**

The club will be known as the ‘Southern Districts Veteran and Ladies Cycling Club Incorporated’

 2 DEFINITIONS

the Club; means Southern Districts Veteran and Ladies Cycling Club Incorporated

the SAVCC        means the South Australian Veteran Cycling Council Incorporated

the AVCC           means the Australian Veteran  Cycling Council Incorporated

member              means financial member of the Club

AGM                    means Annual General Meeting of the Club

SGM                    means Special General Meeting of the Club

GC                       means General Committee of the Club

 3 AFFILIATIONS

The Club will affiliate to the SAVCC and through that body to the AVCC.

4 OBJECTIVES

4.1          To foster and conduct cycle racing for veteran and lady riders in the state of South Australia in a healthy atmosphere of competitive endeavour.

4.2          To establish and encourage an environment of friendship and social contact amongst members.

4.3          To organise any function for the purpose of raising funds under the auspices of the Club to aid any worthy cause.

5 MEMBERSHIP

5.1          Ordinary members

5.1.1       Membership is open to any person whose birthdate entitles them to apply for an AVCC Veteran Licence, that is males becoming 35 years or over in the current year and females becoming 30 years or over in the current year, who after nomination by two financial members is accepted by the GC.

5.1.2       Any person who is a current licensed veteran member of another cycling club and complies with 5.1.1 above.

5.2          Life members

5.2.1       Life membership may be bestowed upon a member at an AGM of the Club on the decision of a majority of the members present.

5.2.2       No more than one member may be elected a Life member in any club year.

5.2.3       Nominations for Life membership may be made by any member to the GC at least one month prior to the AGM.

5.2.4       A nominee for Life membership will have been a financial member of the Club for a continuous period of not less than ten years and will have demonstrated significant service to the Club.

5.3          Rights of members

5.3.1       All members shall have full voting rights.

5.3.2       New members will not be eligible for election to an Executive Office as defined in 6 herein until he or she has been a member for a period of six months.

5.3.3       All members who hold licences as set out in 5.1 above will have full racing rights.

5.4          Subscriptions

5.4.1       The annual subscription will be determined by the members at the AGM of the Club and will be due on November 1st for the ensuing calendar year.  Membership will lapse if subscription is not paid by January 1st of the ensuing year and 5.4.3 below will apply.  In any one year and when legal and insurance matters have been considered, particular circumstances may cause this paragraph to be over-ridden by the GC with consensus permission of members.

5.4.2       Life members will have free Club membership with full Club rights.

5.4.3       Eligibility to vote at any club meeting or to participate in any race conducted by the club is limited to members, except as described in 5.4.4 and 5.4.5 below.

5.4.4       Non members may be permitted to ride in charity races conducted by the club subject to such further requirements as may be determined by the GC.

5.4.5       A person who has notified an Office Bearer of the Club that he/she is interested in becoming a member, and who has not previously been a member of the Club, may be permitted two rides at the discretion of the handicapper before being required to join the Club, subject to such further requirements as may be determined by the GC.

5.5          Resignations

A member may resign from the Club by giving written notice thereof to the Secretary or Public Officer of the Club.

5.6          Expulsions and penalties

5.6.1       Any member whose conduct in the opinion of the GC brings discredit or injury to the character or interests of the Club may be penalised or expelled by the GC.

5.6.2       The conduct will first be the subject of a GC inquiry and the member will be given full particulars of the situation in writing at least one month before the meeting of the GC at which the matter will be determined.  The member may offer defence for the conduct.

5.6.3       The determination of the GC will be communicated to the member in writing and in the event of an adverse determination the member will, subject to 5.6.5 below, cease to be a member 14 days after the date on the letter in which the GC has communicated its determination to the member.

5.6.4       Any member who breaches racing rules as referred to in 9 below may be penalised by a Race Committee as appointed under 6.1.3 below.  The member will be notified as soon as practicable after the breach and in writing within 24 hours.  Penalties of suspension will apply to all SAVCC and AVCC-sanctioned events for the period of the suspension.

5.6.5       If the member considers he or she has been unjustly dealt with by the Club, then after all Club avenues have been exhausted he or she will have the right to appeal through the SAVCC.

5.7          Register of members

A register of members will be kept and contain:

1. the name and address of each member;

2. the date on which each member was admitted to the Club; and

3. if applicable the date of and reason(s) for termination of membership.

6 THE GENERAL COMMITTEE

6.1          Powers and duties

6.1.1       The affairs of the Club will be managed by the GC.  In addition to any powers conferred by this Constitution, the GC may exercise all powers and do all things as are within the objects of the Club.  The GC has the authority to interpret this Constitution and any other matter relating to the affairs of the Club on which this Constitution is silent.

6.1.2       The GC has the management of the funds and other property of the Club.

6.1.3       The GC may appoint sub-committees for specific purposes as and when deemed appropriate and will designate the powers of these sub-committees.

6.2          Membership

6.2.1       The GC will consist of:

1. the Executive, being President, Vice President, Secretary, Treasurer, Handicapper, Racing Secretary, Membership Registrar, Public Officer and Delegate to SAVCC; and

2. other members, being Safety Officer, Social Secretary, Press Officer, Assistant Handicapper(s), Points Steward, Second Delegate to SAVCC, General Member and others as required.

6.2.2       One member may be elected to two positions on the GC.

6.2.3       Casual vacancies on the GC or sub-committees may be filled by the GC as and when they occur.

6.2.4       The GC may consider replacing a member of any Club committee if that member is absent from three consecutive meetings of the particular committee without acceptable reason.  The member will be deemed to have resigned and their position will be filled as set out in 6.2.3.  The member will be advised in writing of the GC?s decision.

6.3          Proceedings

6.3.1       The GC will meet approximately monthly during the year as is convenient to the members of the GC.

6.3.2       A quorum for a meeting of the GC will be one half of the members of the GC.  No GC meeting will lapse for want of a quorum but may be adjourned to a time and place as may be decided.

6.3.3       Except as in 6.3.4 below, motions arising at a meeting of the GC will be resolved by a simple  majority of votes.  The chairman will not have a personal deliberative vote but will have a casting vote if votes are equal.  This casting vote will be used to maintain the status quo.

6.3.4       Additional GC meetings may be called when necessary.  When it is not possible to convene a full additional meeting at short notice, four members of the Executive may act on behalf of the Club provided any decision is unanimous and does not contravene this Constitution.

6.3.5       A  member of the GC having a direct or indirect pecuniary interest in a proposed contract with the Club must disclose that interest, may speak when invited but will not vote with respect to that contract.

6.4          Roles of Executive Office Bearers

6.4.1       The President will preside over all General and GC meetings. If the President is unable to attend one of these planned meetings the next most senior office-bearer will officiate. The President will provide a report at the AGM.

6.4.2       The Vice President will attend General and GC meetings and in the absence of the President will preside.

6.4.3       The Secretary will

·  attend General and GC meetings and keep a true record of all minutes

·  attend to correspondence, issue notices and keep records

·  generally assist and carry out the directions of the GC.

6.4.4       The Treasurer will

·  keep proper books of account and present a brief financial statement and report at every General and GC meeting

·  prepare a balance sheet and statement of income and expenditure and present these duly audited at the AGM

·  receive all monies payable to the Club and issue receipts for them.  All monies so received will be paid into a properly constituted account in the name of the Club with a bank or equivalent within seven days of receipt

·  have the approval of the GC to pay relevant and reasonable outstanding accounts of the Club up to a level to be specified by the GC

·  pay licence fees to the SAVCC.

6.4.5       The Handicapper will

·  allocate handicap marks, grades for scratch races and final classifications and keep records of these

·  have the right to re-handicap or classify.  No alterations will be made to handicaps, grades or classifications without the handicapper?s consent.

·  have the right to delegate duties to assistant handicapper(s).

6.4.6       The Racing Secretary will

·  accept nominations for racing and where necessary nomination forms by means to be determined by the GC in consultation with the Racing Secretary

·  pass the names of nominees for racing to the Handicapper in sufficient time as determined in consultation with the Handicapper for considered allocation of marks or gradings

·  accept nomination fees and pass these on to the appropriate person usually the Club Treasurer as soon as practicable and within seven days of receipt

·  act as number steward on race days.  This task may be delegated.

6.4.7       The Membership Registrar will

·  accept process distribute and record all memberships and SAVCC licence applications

·  accept payments for memberships and licences and pass these on to the Club Treasurer as soon as practicable and within seven days of receipt

·  maintain a register of members as defined in 5.7 above

·  provide a report at the AGM

6.4.8       The Public Officer will

·  ensure that the Club complies with the Associations Incorporation Act

·  communicate between the Club and the Corporate Affairs body as required

6.4.9       The Delegate to SAVCC will attend General and GC meetings and represent the Club at meetings of the SAVCC.

7 AUDITORS

7.1          An Auditor will be appointed at the AGM or failing this by the GC for the current financial year.  He or she will not be members of the GC.

7.2          The Auditor will provide a written and signed report to the AGM concerning the financial affairs of the Club for the period July 1st to June 30th prior to the AGM.

8 GENERAL MEETINGS

8.1          Annual General Meetings

8.1.1       The AGM will be held within the first sixteen days of November each year.

8.1.2       The order of business at the AGM will be:

1.  Record of numbers in attendance and apologies accepted

2.  Confirmation of the minutes of the previous AGM with no discussion permitted thereon except as to their accuracy

3.  Presentation and consideration of reports from

·  President

·  Treasurer

·  Auditor

·  Membership Registrar

4.  Election of GC members as listed in 6.2.1 above and where possible Starters/Timekeepers, Judges, Number Stewards and First Aid Officers.  It is preferred that at least two of the completing year?s Executive will be elected to the GC and that at least two new members will be elected to the GC.

5.  Appointment of an Auditor as in 7.1 above.

6.  Any other business at the discretion of the chairman including but not limited to Constitutional changes and fees for the following year.

8.2          Special General Meetings

SGMs may be called

·  at the direction of the GC at any time

·  upon receipt of a requisition signed by twenty members or 15% of members whichever is the lesser, stating the object of the SGM.

8.3          Notice

8.3.1       Notice of General Meetings advising the date time and venue will be posted at the clubrooms at least fourteen days before the set date and in the case of an SGM not more than thirty days after receipt of a direction or request as in 8.2 above.  In the case of the AGM the notice will call for nominations for official positions and items for the agenda.  In the case of an SGM the notice will state the object of the SGM.

8.3.2       Where a motion to rescind amend or revise this Constitution is to be proposed, notice in writing of the precise wording of the motion will be given to the Secretary at least thirty days prior to the date of the meeting at which the motion is to be considered.  The Secretary will then comply with 8.3.1 above.

8.4          Proceedings

8.4.1       A quorum at all General Meetings will be twenty members or 15% of members whichever is the lesser.

8.4.2       If within thirty minutes of the time appointed for the meeting a quorum is not present then

·  an AGM may be adjourned to a time and place to be decided.  If at this re-convened meeting a quorum is not present within thirty minutes of the time appointed the members present will be deemed a quorum and the chairman will call for a vote on the dissolution of the Club.

·  an SGM will lapse.

8.5          Voting

8.5.1       Voting will occur by a show of hands unless a majority demand a secret ballot.

8.5.2         There will be no proxy votes.

8.5.3       Except for motions concerning this Constitution resolutions will be carried by a simple majority of votes.

8.5.4       Where motions to rescind amend or revise this Constitution are concerned resolutions will be carried by at least two thirds of votes.

8.5.5       At any General Meeting the chairman will not have a personal deliberative vote but will have a casting vote if votes are equal.  This casting vote will be used to maintain the status quo.

9 RACING RULES

9.1          Racing will be conducted by officials of the Club elected for that purpose under the rules of the SAVCC.

9.2          Club rules and regulations as determined by the GC shall be adhered to by all competitors at all times.  These rules and regulations may be altered whenever deemed necessary by the GC.

10 BY-LAWS

By-laws as determined by the GC may be declared whenever deemed necessary by the GC.

11 TRANSFERS

Any member may freely transfer to or have joint membership with another cycling club or association.

12 OWN RISK

Riders will be accepted as competitors on the condition that they race at their own risk.

13 DISSOLUTION

13.1        An AGM as in 8.4.2 above or an SGM specifically called for the purpose may resolve to formally dissolve the Club.

13.2        The AGM or SGM will appoint a committee of five to act as trustees and to carry out the directions of the meeting.

13.3        After payment of all liabilities the trustees will  hold the balance of assets and physical property of the Club in a trust for a period of up to one year.

13.4        In the event of the Club officially re-forming within one year the trustees will release the balance of assets and physical property to the re-formed club.  After one year the trustees will realise the assets and donate the proceeds to an institution organisation or other body approved by the AGM or SGM.

14 PROPERTY

14.1        No member will remove or wilfully damage any property of the Club.  Any member found doing so will pay restitution at a price to be determined by the GC.

14.2        No member retiring or ceasing to be a member for any reason will have a claim on the property of the Club.

15 SPIRIT

This Consitution will be for the guidance of the Club and no precise meaning will be construed as the spirit will prevail.

16 ADOPTED

This Constitution was formally adopted on the eleventh day of August 2003