CONSTITUTION AND BY-LAWS OF CRICKET NEWFOUNDLAND &
Article 1. Name of association
The association shall be known as “Cricket Newfoundland and Labrador” hereinafter referred to in these rules as the “Association”.
Article 2. AFFILIATION
The Association shall aim to be affiliated to Cricket Canada. As such if accepted as a General Member of Cricket Canada it will pay such dues as required.
Article 3. PURPOSE OF THE ASSOCIATION
To encourage, promote and govern the game of cricket in the province of Newfoundland and Labrador
Article 4. BY-LAWS OF THE ASSOCIATION
The By-laws, appended to this Constitution, shall describe the organization and functions of the Club, and the means by which members of the Club may elect the Club Board of Directors and control the property and activities of the Club.
BY-LAWS OF CRICKET NEWFOUNDLAND & LABRADOR
By-law 1: Membership
Membership in the Association shall be open to all, irrespective of sex, age, creed or color.
By-law 2: Association By-laws, Rules and Regulations
All members shall uphold, observe and conform to the By-laws, Rules and Regulations of of the Association and such regulations as made by the Board of Directors of the Association.
By-law 3: Membership Fees
The annual membership fee in the Association shall be fixed from time to time by the Executive Board and payable to the Treasurer of the Association through the club.
By-law 4: Member in Good Standing
For a member of the Association to be considered in good standing with the Association , that member must pay fees as are stipulated by the Association Board of Directors in advance of the membership year in question. Members will not be permitted to take part in any Association activities if these fees are not paid within 60 days of the date set for payment. Members in arrears may be considered as having terminated their Association membership.
By-law 5: Suspension and Expulsion from the Association
The Board of Directors may suspend or expel a member of the club for acting contrary to the By-laws, Rules and Regulations of the Association . The Association Board shall develop a suspension and expulsion policy that contains a provision for suspending or expelling of any member of the Club from such membership on terms and conditions that are deemed appropriate and necessary by the Association Board of Directors. This policy shall be approved by the Association Board of Directors from time to time and it shall be in writing and made available to all members in advance of its implementation. This policy must include an appropriate hearing and appeal process, which includes principles of due process, an appropriate reinstatement application process and an appropriate graduated series of disciplinary measures.
By-law 6: Classes of Membership
The classes of membership, eligibility and privileges shall be as follows:
i. Active membership which shall consist of playing members and persons participating in the game such as umpires and other officials.
ii. Associate membership which shall be confined to those who are not actively engaged in the playing or officiating of cricket within the Association.
iii. Honorary membership which shall be conferred at the discretion of the Executive Board.
By-law 7: Members of Board of Directors,
The members of the Board of Directors must be members in good standing of the Association, and be of legal age.
By-law 8: General Management of the Association
The general management of the club shall be vested in a Board of Directors consisting of: immediate Past President, President, Vice-president, Secretary, and Treasurer, two Directors at Large, and a representative from each associated club. All of the above, with the exception of the Past President shall be elected for 1 year terms at the Annual General Meeting. The Past President shall be ex-officio and shall hold office until a new President has been duly elected.
By-law 9: Holding of Board of Directors Office
The Board of Directors shall hold office until the close of the meeting at which their successors have been duly elected. Any member of the Board of Directors may be removed by the members by a 2/3 majority vote of the members present at a Special General Meeting duly called for that purpose.
By-law 10: Voting at Board of Directors Meetings
A quorum of the Board of Directors shall consist of 50% plus 1 members of the Board of Directors, including the Chair. NOTE: Questions arising at any meeting of the Board of Directors shall be decided by a majority of votes. The meeting chair may vote only when the vote would change the result. Therefore the chair may vote to break a tie, and thus pass the motion, or to create a tie, and thus defeat a motion. A majority of the Board of Directors shall form a quorum
By-law 11: Board of Directors Vacancies
Casual vacancy occurring between any Annual General Meeting of the Association , may be filled, until the next annual General Meeting by a majority vote of the remaining members of the Board of Directors
By-law 12: Board of Directors Member Absenteeism
If a Board of Directors Member is absent for more than 3 consecutive scheduled Board of Directors meetings, without good cause and/or without prior notification to the President or Secretary, then that office may be declared vacant by a majority vote of the Board of Directors.
By-law 13: Role of President
The President shall act as Chair of all Board of Directors and general meetings. In his/her absence, the Vice-president will fill this duty.
By-law 14: Role of Treasurer
The Treasurer shall be responsible for the safe control of all Association funds, for preparing and submitting to the Board of Directors on a regular basis an annual budget and keeping such records as are required for financial review. A financial reviewer shall be appointed by the Board of Directors at the AGM. The Treasurer is also responsible for arranging for an unaudited annual financial statement. Any three individual members of the Board, one of which being the Treasurer, shall sign all cheques and legal documents. Two signatures are required on all cheques.
By-law 15: Role of Secretary
The Secretary shall deal with all correspondence subject to the approval of the President or his/her delegate, shall issue all notices for Board of Directors and general meetings, shall take minutes at all meetings, and shall be responsible for submitting to Cricket Canada such reports as are required.
By-law 16: Committees – President as ex-officio member
The President shall be an ex-officio member of all committees.
By-law 17: Committees – Appointment
The Board of Directors shall appoint standing committee Chairs whom shall look after duties assigned to them. All Committee Chairs must submit the names of their committee members to the Board of Directors for approval.
By-law 18: Committees: Eligibility to Serve
All Committee Chairs shall be of legal age (18 years) and be members in good standing of the Association .
By-law 19: Rules of Order
Rules of order for all meetings, General and Board of Directors, shall be as outlined in Roberts Rules of Order in all cases in which they are applicable .
ANNUAL GENERAL MEETING
By-law 20: Timing, Quorum, Special Meeting Request
An Annual General Meeting shall be held within 60 days of the close of the March 31st fiscal year. Other general meetings may be held from time to time upon the request of the Board of Directors or upon written request of 30 per cent of Members. A quorum for an Annual General Meeting or Special Meeting shall be 15 per cent of the eligible-voting members.
By-law 21: Written Notice
Written notice of all Annual General Meeting and Special Meetings shall be provided 15 days in advance to each eligible voting member. The notice shall include the time and place of the meeting, the agenda, full details of any proposed amendments to these By-laws, and a complete list of the candidates nominated for elections.
By-law 22: Voting on Elections
Voting on elections shall be by secret ballot and a simple majority shall elect a candidate. Voting on other matters may be by a show of hands.
By-law 23: Eligibility to Vote
Voting for elections or on any matters shall be restricted to eligible members who are 18 years of age.
By-law 24: Order of Business
The order of business at an Annual General Meeting shall be as follows:
• Reading of the Notice of Meeting
• Approval of Agenda
• Minutes of the preceding General/Special meeting
• Confirmation of the actions taken by the Board of Directors
• Secretary’s Report
• Treasurer’s Report (Annual Financial Statement)
• Other Reports
• Election of Board of Directors
• Amendments to the Constitution and By-laws
• Appointment of Financial Reviewers (as applicable)
• New Business
By-law 25: Right to Submit, Process for Submitting
Any member of the Association, in good standing, may propose an amendment to the Constitution or by-laws of the Association. This proposal must be submitted in writing to the Association Board of Directors. The proposed amendment will be presented to the Annual General Meeting or Special Meetings. All amendments must be submitted at least 21 days before the respective meeting. No amendment to the Constitution or By-laws of the Association shall be accepted from the floor at any meeting.
By-law 26: Interim Amendments
By-laws may be enacted or amended by a majority vote (50% plus 1) of the Board of Directors whenever required. Such by-laws or amendments must be presented at the next General Meeting for ratification by the members. If they fail to be ratified, they will cease to be effective and may not be re-enacted by the Board of Directors for one calendar year.
By-law 27: Voting of Amendments
Any amendment, to be accepted or ratified, must pass by a vote of 2/3 of those eligible to vote and present at an Annual General Meeting of the Association.
By-law 28: Effective Force of Amendments to By-laws
All amendments to the by-laws upon receiving approval of any general or special meeting of members and upon approval of the provincial government (if applicable) shall come into force immediately or on a date specified for same.
The Treasurer shall deposit all funds of the Association in such banks or other institutions as may be designated by the Board of Directors.
All disbursements of Association funds shall be by cheque or other auditable document.
A person designated by the Board of Directors shall make a review of the financial transactions of the Club each year and the financial statements shall be made available to the membership of the Club.
By-law 32: Dissolution
In the event that the Association ceases to exist, the net assets from liquidation shall go to Cricket Canada.
Terms of reference for each committee shall be approved by the Board of Directors.
By-law 33: Finance Committee/Chair
This committee shall be responsible for preparing the annual budget and supervising the finances including the presentation of an independently reviewed annual statement of revenues and expenditures to its members.
By-law 34: Nominating Committee
This committee is responsible for selecting at least a full slate of candidates for election to the Board of Directors and shall present such a slate to the Board of Directors no later than 21 days before an Annual Meeting in the year which an election is to be held. The nominating committee shall consist of a minimum of two members, one from the Board of Directors and one from the membership. Other nominations may be made by any member in good standing by a written submission to the nominating committee at least 3 days before the Annual Meeting. Each nominee must indicate acceptance in writing prior to the commencement of elections. Nominations from the floor at the Annual Meeting will not be accepted.
By-law 35: Membership Committee/Chair
This committee is responsible for promoting and developing membership in the Association
By-law 36: Cricket Programs Committee/Chair
The committee shall coordinate and oversee cricketing activities of the organization including organizations of league play, provincial tournaments and selection of provincial teams,
Adopted: July 15 2010