Revised May 2015
WERRIBEE GIANTS BASEBALL CLUB INCORPORATED
1.1 The full title shall be” WERRIBEE GIANTS BASEBALL CLUB INCORPORATED”. Herein after called the Club.
1.2 The postal address of the Club shall be P.O. Box 4193 Hoppers Crossing Victoria 3029 or such other postal address as approved by the Executive Committee.
1.3 The insignia of the Club shall be “GIANTS”.
1.4 The Club colours shall be a combination of navy blue, powder blue, and white
1.5 Senior Men’s and Women’s Teams uniforms shall use club colours.
Design of Senior Men’s and Women’s uniform shall be revised when and if the need arises. Any change then shall be only on a 66% majority of financial members voting at a meeting called to discuss the matter. All other team’s uniforms to reflect the club colours as far as practical and to be approved by the Executive Committee.
Teeball, Masters or Junior uniforms can be revised as required with feedback from players where practical and final approval by the Executive committee. Team members must play in the endorsed team uniform.
2.1 To ensure the effective development of the Club as a leading community organisation fostering positive participation in a family oriented environment through the sport of baseball.
2.2 To provide opportunities for players to develop their full potential through effective coaching and skills development at all levels.
2.3 To facilitate the promotion and development of baseball in Werribee and throughout the Western Suburbs.
2.4 To foster a spirit of sportsmanship and fair play from all members, their families and supporters, both on and off the field.
2.5 To administer the Club on a professional and economically sound basis for the long term benefit of the Club.
3.1 The Club shall have the following categories of membership:
(b) Social non-playing
(d) Life Member
(e) Non Playing Official
3.1.1 Playing membership shall be open to financial persons who are registered to play baseball with such Authority with whom the Club may be affiliated.
3.1.2 Social non-playing membership will be open to all financial persons having an interest in the Club.
3.1.3 Junior membership shall be open to those financial persons 18 years and under who are full time students or unemployed.
3.1.4 Officials' non-playing membership will be open to all filling official positions as approved for this membership category by the Executive Committee eg Club/Team Principal Coach, Team Principal Scorer, Committee member etc
3.2 It shall be a condition of membership that persons applying for membership agree in writing to observe and be bound by this Constitution and by the By-laws as amended from time to time, and the Constitution of the Geelong Baseball Association, and the Victorian Baseball Association, or by such Authority with whom affiliation may be made.
3.3 Applications for membership shall be made on the form prescribed by the Executive Committee. Such application shall be considered as soon as possible by the Executive Committee and the applicant notified by the Secretary of the decision the reasons for the decision.
4.0 DUTY OF MEMBERS
4.1 The members shall control the Club in accordance with this Constitution.
4.2 Members shall pay to the Club an Annual Membership Fee, Playing Registration Fee, and Match Fees, as prescribed from time to time by the Executive Committee.
5.0 DISCIPLINE OF MEMBERS
5.1. In the event of any member failing to abide by this Constitution or the By-laws, or being unfinancial, then the Executive Committee may debar that member from taking part in the affairs of the Club.
6.1 The financial year of the Club shall be from 1st April to 31st March.
6.2 The Annual Membership Fee shall be fixed by the Executive Committee within 28 days of the Annual General Meeting.
6.3 In addition, Registration and Match Fees shall fall due at the start of each season upon notification by the Executive.
6.4 Registration and match fees will be set prior to the start of each playing season by the Executive.
6.5 Failure to meet these obligations shall automatically debar any member from Club activities until such time as the obligation has been met.
6.6 The Executive Committee shall have the power to negotiate with any member claiming hardships.
6.7 The bank of the Club shall be the Bendigo Bank, or other such banking institution approved by the Executive Committee from time to time.
6.8 The Executive Committee shall have the power to open such accounts, as it deems necessary, provided that such cheques raised from these accounts be signed by at least two members of the Executive Committee.
7.1 The affairs of the Club shall be managed by an Executive Committee consisting of
(e) Senior Co-ordinator
(f) Junior Co-ordinator
7.2 The General Committee shall comprise the Social Co-ordinator, publicity officer, equipment officer, delegates, Sponsorship Co-ordinator, Umpires Co-ordinator, team representative and facilities development officer who shall meet once a month unless otherwise resolved. Team representatives will be non-voting and will be elected from their team at the beginning of each season.
7.3 Should either:
(a) The President think fit, or
(b) Any six committee members request, then a special general meeting of the Club shall be called within 14 days.
8.0 ELECTION OF OFFICERS
8.1 Office bearers of the Club will be elected by members at an Annual General Meeting. Executive Committee members will be elected by a secret written ballot.
The votes will be counted by an Executive Member and witnessed by another member, a Life Member where possible, both of whom have no perceived conflict of interest or actual conflict of interest. The Secretary, followed by the Treasurer, are the first and second Executive Committee members to be called upon.
8.2 Financial playing and non-playing members shall only be eligible to vote on election of office bearers. Office bearers elected to the Executive or General Committee shall be required to become at least non-playing members.
8.3 Office bearers shall take office from the date of their election (AGM).
8.4 Nominations for office bearers may be made in writing to the Secretary at least seven days before the date of the scheduled Annual General Meeting.
8.5 In the event of no nominations being received for a position on a Committee, the Chairman may accept nominations from the floor at the meeting.
8.6 Officers may be elected in absentia only if written acceptance of a nomination is made prior to the date of the Annual General Meeting.
9.0 DUTIES OF OFFICERS ON THE EXECUTIVE COMMITTEE
9.1 The President will preside at all meetings and rule on all matters of procedure and jurisdiction.
9.2 In the absence of the President, the Vice-President shall take the chair.
9.3 The Secretary shall keep the minutes of all meetings and perform all such other duties as pertaining to the office.
9.4 The Secretary shall be the Registrar of members
9.5 The Treasurer shall keep a true and accurate record of the financial affairs of the Club and shall present an audited income and expenditure and balance statement to the members at the Annual General Meeting.
9.6 The Senior Co-ordinator shall be responsible for all matters concerning the general running of the teams. He/She shall be empowered to appoint assistant managers as he/she sees fit.
9.7 The Junior Co-ordinator shall be responsible for all matters concerning the general running of the teams and their training. He/She shall be empowered to appoint managers and team captains as he/she sees fit.
9.8 An auditor shall be appointed annually at the Annual General Meeting.
9.9 The Executive shall have the power to fill casual committee vacancies as they arise.
9.10 The Executive may appoint such other officers or sub-committees as it deems necessary for the proper conduct of the Club.
10.1 The Annual General Meeting shall be held as close as practical to the end of the financial year. Members shall be given not less than seven days notice of the date, time, and place, together with the agenda of such meeting. There shall be presented at the Annual General Meeting a report from the Executive and an audited statement of accounts for the past year. Resolutions passed at the A.G.M. require the support of a majority of financial members voting.
10.2 Special General Meetings may be called as required in article 7.3. Members shall be advised of such Special General Meeting at least seven days before such meeting, together with agenda and reason for calling the meeting.
10.3 At a special general meeting, resolutions may be taken only on the matter advised in the agenda. Should further resolutions need to be taken, they may only be done so by the approval of not less than 66% of members voting at the meeting.
10.4 Standing orders for the conduct of a meeting shall be adopted by the Executive from time to time.
11.1 At all general meetings, financial playing and non-playing members shall be entitled to so vote on any matter.
11.2 Junior members shall be entitled to vote on matters pertaining to junior sport at any meeting only on the acceptance of a motion to that effect and passed by at least 66% majority of financial playing and non-playing members at that meeting.
11.3 A member not able to attend the meeting may assign their vote by proxy. The Chairman will accept proxy votes when the appointment of a proxy is made in writing and registered with the Secretary in writing prior to the start of the meeting. The proxy vote can be either : explicit vote on all motions or assigned to another member in attendance who may exercise the proxy vote as they see fit. No member may hold more than two assigned proxies. Explicit proxy votes are to be managed by the Secretary.
11.4 All motions dealing with matters other than a change in the Constitution shall be decided by a simple majority of valid votes cast. The Chairman shall exercise a casting vote to break a tied vote.
11.5 At executive meetings only those officers listed in article 7.1 and any other officer appointed in article 9.10 shall be entitled to vote.
12.1 A quorum shall consist of three members entitled to vote at an Executive Meeting, or seven members in the case of a Committee Meeting, or ten in the case of a General Meeting.
13.0 ALTERATION TO CONSTITUTION
13.1 This Constitution may only be altered at:
(a) An Annual General Meeting.
(b) A Special General Meeting called for that purpose.
Notice of motion for such alteration must be lodged with the Secretary 30 days prior to the date for such meeting.
13.2 Amendments to the Constitution shall require a three-quarters affirmative majority vote of members entitled to vote.
14.0 HONORARY LIFE MEMBERS
14.1 Honorary Life Membership may be bestowed on a deserving individual by the Executive Committee at an Annual General Meeting. Such Life Members shall be entitled to speak and to vote at any meeting of the Club.
15.1 The Executive Committee shall have the power to make, alter or repeal any by-laws as they deem necessary for the proper conduct of the Club, provided that no by-law be inconsistent with this Constitution or the Constitution of such Authority with whom the Club may be affiliated. Any new or amended by-law shall be ratified at the next Annual General Meeting.
16.0 TERMINATION OF MEMBERSHIP
16.1 A member may voluntarily terminate his or her membership by submitting a resignation in writing.
16.2 A member may terminate his or her membership by exclusion under articles 5.1, and 6.5, of this Constitution.
16.3.1Clearance of a member of this Club to membership of another Club may be made only:
(a) On prescribed official form duly signed and currently dated.
(b) If member seeking clearance, presents themself with explanation for their action to an executive meeting called for the purpose.
(c) Such member be a fully paid financial member, and all property belonging to the Club and held by them, be returned in good order and condition or retribution made for not so doing.
16.3.2 Voting at such meeting to be in accordance with article 11.4 of this Constitution.
16.4 No member of the Club may be granted a clearance to another Club if he/she be under suspension or other disciplinary action by the Club, or by any authority with whom the Club may be affiliated.
17.1 All property of the Club shall be considered vested in the Executive Committee for the time being and no person terminating membership from the Club shall have any claim whatsoever upon monies, property or assets.
17.2 Members issued with Club property must sign a receipt for same and be held responsible for its condition and to return such property when called upon to do so.
17.3 Any loss or damage to Club property must be reported to the Executive immediately such loss or damage is sustained.
17.4 No member of the Club may purchase property or equipment in the name of the Club without first obtaining permission to do so.
17.5 Property stewards may be appointed by the Executive to account for and maintain the property of the Club.
18.0 WINDING UP
18.1 Termination of the Club shall be decided by 75% vote at:
(a) an Annual General Meeting
(b) a special General Meeting.
18.2 In the event of wind-up, all of the assets of the Club, including all property and monies, shall be distributed to other Clubs or Associations with similar interests.
19.0 REGISTER OF MEMBERS
19.1 The Register of Members will be maintained and held by the Club Secretary.
20.0 OFFICE VACANCIES
20.1 The office of a committee member shall be deemed vacant upon:
(a) Death of the incumbent.
(b) Formal Resignation
(c) Removal of that member by majority vote of the executive for actions contrary to the rules and regulations of the Club.
21.0 PRIMARY INCOME
21.1 Primary income is to be derived from Registration fees and fundraising efforts.
22.0 COMMON SEAL
22.1 The Secretary shall be responsible for the custody and use of the common seal of the Club.
23.0 BOOKS, DOCUMENTS AND SECURITIES
23.1 The books, documents and securities of the Club will be held in the custody of the Secretary, and made available to members for inspection upon reasonable request.
24.1 No member of the Club is to receive any commission or allowance in relation to the sale or disposal of liquor.
25.0 VISITORS AND RECORDS
25.1 Visitors to the Club will only be supplied with liquor in the Club premises if they are a guest in the Company of a member of the Club.
25.2 A record of such visitor guests is to be kept, and made available as provided for under rule 23.
26.0 HONOURY MEMBERS
26.1 In addition to the 3 categories of member already provided for under rule 3.1, registered playing members of opposing Clubs, and officiating umpires, on the day of play, will be elected as HONORARY MEMBERS as defined under the Liquor Control Act. HONORARY MEMBERS shall not be required to pay an Annual Membership Fee, and shall have no voting rights in the matters of the Club.
26.2 An HONORARY MEMBER election sub-committee consisting of the Secretary (or his/her nominee) and one other Committee member shall elect honorary members, and a record shall be kept of those honorary members so elected.
DISPUTES AND MEDIATION
The grievance procedure set out in this rule applies to disputes under these Rules between:
a member and another member; or
a member and the Club.
The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
The mediator must be:
a person chosen by agreement between the parties; or
in the absence of agreement:
in the case of a dispute between a member and another member, a person appointed by the committee of the Club; or
in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
A member of the Club can be a mediator.
27.6 The mediator cannot be a member who is a party to the dispute.
27.7 The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
27.8 The mediator, in conducting the mediation, must:
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process
27.9 The mediator must not determine the dispute.
27.10 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.