Leicestershire Petanque Association
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Constitution
Leicestershire Pétanque Association
Constitution
Date: 12-Dec 2012
Changes: individual membership of the Association defined; communications by ‘electronic means’ allowed; post and duties of Webmaster added; requirement to have accounts audited added
Date: 09/12/2015
Changes: AGM timetable clarified [at 10.1]
1. Name
1.1 The Association shall be called the Leicestershire Pétanque Association (LPA) hereinafter called the 'Association'
2. Objects
2.1 The objectives of the Association are to promote the game of Pétanque by all means at its disposal:
a. By promoting public awareness of the sport
b. By organising competitions
c. By instruction in the sport
d. By maintaining an association with the East Midlands Pétanque Association of the EPA (AGM 2004)
2.2 The Association shall have full power to do all things necessary, expedient or considered by it desirable for the welfare and protection or assistance of, or helpful in any matters to its members, and for the accomplishments of all objectives specified in this constitution
3. Registered Office
3.1 The Registered Office shall be the same as that of the Association’s secretary as appointed under the provisions of this constitution; or such other place as may from time to time be decided by the Executive
4. Members - Clubs
4.1 Members of the Association shall consist of such Pétanque Clubs as shall be admitted to the Association in the manner provided for by this constitution. Each member club shall pay an annual registration fee that will be determined from time to time at the Annual General Meeting
4.2 Individual members shall be entitled to vote at the Annual General Meeting or an Extraordinary General Meeting provided they have played at least 3 games in the current LPA summer competitions
5. Conditions for Membership
5.1 Any Pétanque Club with its address and playing piste in Leicestershire and/or Rutland may apply for admission to membership. Clubs residing outside Leicestershire may only be admitted to membership under exceptional circumstances with the express permission of the Executive Committee (AGM 2004)
5.2 Applications for admission to Membership shall be in the form prescribed by the Executive. Applications for Membership to the Leicestershire Pétanque Association shall be channelled initially through the LPA Executive who shall be responsible for publication to all its Member Clubs. Any objections to the admission of a Club, and the grounds for such objection shall be stated in writing and forwarded to the Association’s Secretary within 14 days of publication. If an objection is so made the Executive may at its discretion deputize one of its number to make an investigation and report back to the Executive. Subject to any report being satisfactory and the Club complying with all the Executive’s requirements, the Executive shall admit the Club to Membership and its name shall be entered on the register of Clubs
5.3 Notice of refusal or the acceptance of a Club’s application for Membership shall be sent to the Club within 28 days after such refusal or acceptance
6. Cessation of Membership
6.1 A Club failing to pay its League team Fee in accordance with this constitution shall be suspended from all privileges and shall have a notice sent to it to that effect, and if fees are not paid within 30 days of such notice, the Club shall cease Membership of the Association and its name shall be removed from the register of Clubs (AGM 2004)
6.2 A Club may be suspended from all or some of the privileges of Membership or expelled by the vote of two-thirds of the Members of the Executive present at a Management Meeting upon a charge of conduct detrimental to the Association. The nature of the charge shall be communicated to the secretary of the Club at least 14 days prior to the date of the said Management Meeting. Any Club so charged may submit its answer to the charge in writing to the Executive or a representative may attend the Meeting to answer the charge
7. Right to Appeal
7.1 A Club suspended or expelled shall have the right to appeal to Arbitrators selected by the executive of the LPA. No appeal shall be heard unless made within 28 days of the suspension or expulsion in writing addressed to the Secretary accompanied by a deposit of £5 (Five Pounds), the disposition of which shall be at the discretion of the Arbitrators. There shall be no appeal from the Arbitrators’ decision
8. Club Statistics
8.1 A Member Club shall furnish to the Executive any statistics necessary for the better performance of the objectives of the Association
9. Register of Members
9.1 The Secretary shall keep at the registered office a register of Member of the Association and such register shall be open at all convenient times to inspection and shall contain the following particulars:
a. The names and addresses of the Member Clubs
b. The date at which the Club was entered in the register as a Member and the date at which the Club ceased to be a Member
10. Meetings
(see Appendix below for explanatory diagram of AGM timetable)
10.1 The Annual General Meeting - Purpose and Business:
a. The Annual General Meeting shall be held in November or such other month and at a place as the Executive may from time to time decide. At least 42 days prior to each Annual General Meeting the Secretary shall send by electronic means to each Member Club advance notice of the date of the meeting
b. At least 14 days prior to each Annual General Meeting the Secretary shall send by electronic means to each Member Club a notice of the time and place of the meeting and an agenda of the business to be transacted
c. Annual General Meetings shall be open to all persons who comply with the conditions as indicated in 4.2 of this Constitution. Each member who has signed the register of attendance and each elected Executive Officer shall be entitled to vote by a show of hand or by ballot at the discretion of the Chair on any motion being voted upon at the AGM. The Chairperson shall have the casting vote (AGM 2004)
d. The Agenda shall comprise:
1. The confirmation and adoption of the minutes of the previous year’s Annual General Meeting and any subsequent Extraordinary General Meeting
2. Chairperson’s Report
3. Treasurer’s Report
4. The presentation and adoption of the Association’s Accounts
5. Resolutions submitted by the Executive Committee
6. Resolutions submitted by the Member Clubs
7. Resolutions submitted by individual Members
8. Election of Executive Officers
9. Any other business (No vote to be taken on any matter raised)
10.2 Extraordinary General Meetings - Method, Purpose and Business:
a. An Extraordinary General Meeting may be convened by the Secretary by direction of the Executive or following a request signed by the secretary of one third of the total Member Clubs and lodged with the Secretary. Such meetings shall be held at such place as the Executive may decide
b. An Extraordinary General Meeting shall not transact any business other than that specified in the notice convening it
c. Should the Secretary not convene an Extraordinary General Meeting within 6 weeks after receiving a duly signed requisition to do so, the requisitioners may convene the meeting and shall have a claim upon the Association for all reasonable expenses properly incurred in convening it
d. A notice convening an Extraordinary General Meeting shall state the time and place thereof and the purpose for which it is convened and a copy of the notice shall be sent by electronic means to each Member Club not less than 14 days before the date of the meeting
e. Extraordinary General Meetings shall be open to all persons who comply with the conditions as indicated in 4.2 of this constitution. Each member who has signed the register of attendance and each elected officer shall be entitled to vote by a show of hand or by ballot at the discretion of the Chair on any motion being voted upon at the EGM. The Chairperson shall have the casting vote. An EGM shall not transact any business unless there is one representative present from at least six different Member Clubs
f. At all General Meetings of whichever type, the Chairperson of the Association or in his/her absence an Executive Officer shall preside
10.3 Executive Management Meetings - Method, Purpose and Business:
a. Executive Management Meetings shall be convened by the Executive at times and places determined by the Executive for the purpose of administering the affairs of the Association. A minimum of four Executive Management Meetings shall be held per annum, the first of which shall be as soon as possible after the AGM. A quorum to consist of four members of the Executive
b. At all Executive Management Meetings the Chairperson of the Association or in his/her absence an Executive Officer shall preside and shall have the casting vote in the event of a tie
10.4 Summer League Registration Meeting:
a. The Secretary will notify the Summer League Registration Meeting time and place to all Member Clubs by electronic means not less than 14 days prior to the meeting. Only Summer League registrations will be dealt with at this meeting. The Executive may if deemed expedient incorporate this meeting into an Executive Management Meeting. Club Representatives would not have the right to speak during normal Executive business
11. Executive Committee
11.1 The Association shall be managed by a committee to be called the Executive, which shall be elected annually
11.2 The President, Chairperson, Secretary, Treasurer, Fixture Secretary and Webmaster shall be Members of the Executive Committee and Officers of the Association
11.3 A person shall not be eligible for nomination or election or, if elected, shall not continue to sit unless he/she is a member of the LPA as described in 4.2 of this Constitution
11.4 The election of the Executive Officers of the Association shall be by a vote conducted at the Annual General Meeting. A person shall not be nominated without his/her consent
11.5 A member of the Executive shall be entitled, whilst engaged on any duties properly attached to his/her office, to reimbursement of reasonable expenses as approved by the Executive Committee
11.6 A member of the Executive Committee being absent from three consecutive Executive Management Meetings shall automatically vacate his/her seat, unless he/she submits an explanation, which the Executive considers satisfactory
11.7 A casual vacancy arising on the Executive Committee may be filled and/or the appointment of no more than 2 additional Committee Members may be made by the Executive for a period no longer than the time up to the next Annual General Meeting
11.8 The Executive shall control all business carried on by or on account of the Association. It shall from time to time engage, remove or discharge all employees and fix their remuneration and duties and may require them to give such security in such form as it approves or determines
11.9 The Executive may appoint Sub-Committees, but no Sub-Committee shall incur any liability on behalf of the Association without prior consent of the Executive
12. Officers
12.1 The Association shall have the following Officers:
a. President
b. Chairperson
c. Treasurer
d. Secretary
e. Fixture Secretary
f. Webmaster
12.2 The Officers shall be elected at the Annual General Meeting and except for the provisions of sections of this constitution which, govern their time of office (11.6, 11.7, and 13.1) shall remain in office until their successors are appointed at the next Annual General Meeting
12.3 A Member Club may nominate one candidate for each office and such nominations shall be forwarded in writing to the Secretary at least 28 days before the date fixed for the Annual General Meeting. In the event of written nominations for any office not being received prior to the Annual General Meeting, the Chairperson shall invite nominations from the floor at the Annual General Meeting itself
12.4 The Duties of the Officers:
a. President:
To act on behalf of the Association in promoting the affairs of the Association to the world at large. To report to the Executive as directed
b. Chairperson:
To administer and control the Annual General Meeting, any Extraordinary General Meetings, Executive Management Meetings and the Summer League Registration Meeting of the Association in accordance with the constitution
c. Secretary:
To summon, attend and keep minutes of the Annual General Meeting, any Extraordinary General Meetings, Executive Management Meetings and the Summer League Registration Meeting and, if so required by the Executive, those of any Sub-Committee meetings
To keep charge of the documents and other papers of the Association
To circulate Member Clubs with copies of minutes of all meetings held by Association Officers regarding Association business
To, in all things, act in the charge of his/her duties under the direction of the Executive
d. Treasurer:
To maintain the financial records of the Association, the collection of affiliation and annual fees and the payment of all accounts and expenses
To keep all books and accounts required to be kept and receive all monies due from Clubs and others and pay them into the bank at such times and in such a manner as the Executive shall direct
To prepare and submit to the Executive periodic and annual accounts in such a manner as the Executive directs
e. Fixture Secretary:
To organize and maintain the fixtures for the various leagues, competitions.
To maintain the records and results and league standings of the Association (AGM 2002)
f. Webmaster:
To manage the Association Website and update and improve such site as deemed necessary by the Executive Committee
13. Removal from Office of Members of the Executive
13.1 A member of the Executive may be removed from office at any time by a vote of not less than two thirds of the representatives present and entitled to vote at an Extraordinary General Meeting called for that purpose
14. Accounts and Security by Officers and Employees
14.1 It shall be the duty of every Officer or employee of the Association having the receipt or charge of money at such time as the Executive may direct, or upon demand made, or notice in writing given, to give an account as may be required by the Executive, to be examined and allowed or disallowed by them on the like demand or notice to pay over all moneys and deliver all property for the time being in his/her custody to such person as they appoint
15. Books of Account and Inspection
15.1 All books of account, securities, documents and papers of the Association other than such (if any) as are directed by the Association to be kept elsewhere, shall be kept at the registered office of the Association in such manner and with such provision for their safety as the Executive may from time to time direct
15.2 Any Member Club or Member of a Club having an interest in the funds may inspect all the books of account and the particulars in the register of Members at all reasonable times
15.3 The accounts shall be audited every year prior to the AGM by an independent party and presented to the Membership for acceptance/ approval at the AGM
16. Loans
16.1 The Executive may obtain, on such terms as to the time and manner of repayment as it thinks fit, advances of money at interest not exceeding 5% above the prime-lending rate. The total amount so obtained shall not exceed £10,000.00 (Ten Thousand Pounds)
17. Finances
17.1 A banking or building society account shall be maintained on behalf of the Association and the signatures of two Officers of the Association must authorize any withdrawals from such
18. Application of Profit
18.1 Any profit, which may accrue, shall be applied to the objectives of the Association
19. Disputes
19.1 All disputes arising between a Club which is a Member of the Association or a Club which has for not more than 6 months ceased to be a Member, and any other person or body will be dealt with by the Executive Committee or, in the case of a dispute against the decision of the Executive Committee, by three arbitrators appointed by the Executive
19.2 The decision of the arbitrators or a majority of them shall be binding and there shall be no appeal against their decision
20. Supply of Constitution Details and Rules of Play
20.1 It shall be the duty of the Executive to advise each Member Club on all aspects of the constitution of the Association and its rules of play
20.2 Any changes to either the constitution or rules of play must be notified to all Member Clubs
21. Alteration to the Constitution
21.1 Any article in the constitution of the Association may be rescinded or altered and any new article may be incorporated by the majority vote of the representatives present at an Annual General Meeting or an Extraordinary General Meeting convened for that purpose and will take effect immediately
21.2 All proposals from Member Clubs or Members of Member Clubs must be received by the Secretary a minimum of 28 days before a General Meeting
21.3 Details of the proposed amendment shall be supplied with the notice of the meeting. No proposed amendments of this constitution, which has been defeated, shall again be proposed until a period of one year has elapsed
22. Leagues and Competitions
22.1 Rules of competitions and leagues administered by the LPA may only be changed by a vote by a show of hands or a ballot at an AGM or EGM convened for that purpose. Proposals for amendments or rule changes should be submitted as per clause 21.2
23. Value Added Tax
23.1 Where under provisions of this constitution, or any amendment thereto for the time being in force, any sum of money is payable to the Association by a Member Club whether by way of subscription or otherwise, and such payment attracts Value Added Tax then, unless any article specifically provides to the contrary, the Member Club shall, in addition, pay to the Association such further sums as shall be equal to the amount of Value Added Tax at the rate for the time being in force attributable to such sum
24. Dissolution
24.1 The Association may at any time be dissolved by the consent of two thirds of the members. Any funds and assets of the Association at the time of Dissolution shall be distributed to the member clubs on a pro rata basis dependant on the number of teams entered and completing the summer league season prior to the dissolution (AGM 2004)
25. Trophies
25.1 A register of trophies will be kept by the Secretary and recipients of trophies will be expected to sign for receipt of the trophies on behalf of the Club. It will be the Club’s responsibility to return the trophy in good order in sufficient time for presentation the following year. In the event that the trophy is mislaid or the Executive incurs expense in replacing or retrieving the trophy the Club responsible will be asked to pay the cost (AGM 1996)
Appendix (AGM timetable):
6-8 weeks prior to AGM:
LPA committee meet to agree date and venue for AGM
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6 weeks prior to AGM:
notice of provisional date and deadline for submitting proposals sent to LPA member representatives via email
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4 weeks prior to AGM:
all proposals to have been submitted to LPA secretary in writing
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2-4 weeks prior to AGM:
LPA committee meeting to be held to discuss and agree Agenda and proposals to be taken forward
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2 weeks prior to AGM:
Agenda and final notice issued to all LPA members representatives via email
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AGM to be held as agreed