WELLINGTON DISC SPORTS
CONSTITUION
MAY 2004
Section A: Operation of the Society
- Name of the Society
-
The name of the society is Wellington Disc Sports Incorporated (hereafter
referred to as 'the Society').
- Registered Office
-
The location of the Society's registered office is as determined from time
to time by the executive.
- Objectives
-
The main objectives of the Society are to
- facilitate growth and the regional development of disc sports in the region
- provide and seek funding at a local level
- liaise as appropriate with other regional, national and international
bodies
- coordinate and promote local events, including tournaments and local
leagues at both a social and competitive level
- carry out all its financial transactions in a manner that complies with the
relevant legalisation.
- Alteration of this constitution
-
No addition to or alteration or recession of these articles regarding the
non-profit aims of this Society or the winding up of this Society (section 6)
shall be approved without the consent of Inland Revenue. The provisions and
effect of this clause shall not be removed from this constitution and shall be
included in and implied by any document replacing this Society's constitution.
- These rules may be altered, added to or rescinded by a resolution passed by
a two-thirds majority of votes cast at a general meeting of the Society.
- Fourteen days notice of the meeting must be given to all members.
- Meeting notification must contain details of the proposed change(s).
- Duplicate copies of any change must be delivered to the Registrar of
Incorporated Societies in accordance with the requirements of the
Incorporated Societies Act 1908 (hereafter referred to as "the Act").
- Common Seal
- The Society's Common Seal will be located in the possession of the
President or a nominee, who must be an executive member, appointed by the
executive.
- Whenever the Society's Common Seal is require to be affixed to any document
a resolution must first be passed by the executive to that effect.
- The person authorised to affix the Common Seal must at the same time sign
the document involved.
- Winding Up
- The Society may be wound up by a resolution passed in accordance with the
provisions of the Act and any subsequent amendments thereof, specifically;
- A resolution in favour of winding up the Society must be passed by a
majority of members at a general meeting.
- The resolution must be confirmed at a subsequent meeting held not earlier
than thirty (30) days after the date on which the resolution so to be
confirmed was passed.
- Upon winding up, or dissolution by the Registrar, the net assets of the
Society will be dispersed
- Ensuring that the payment of all costs, debts and liabilities are paid
first
- Any surplus assets that may exist after satisfaction of (i) may be disposed
of in accordance with a resolution passed at a general meeting to use them
for the benefit of another non-profit organisation. Funds/assets must not
be distributed among members.
- Control and Investment of Funds
- Bank Accounts
- The Society shall maintain at least one current bank account.
- The Treasurer and at least one other executive member shall sign all
cheques or withdrawal slips.
- Funds
- Funds may be raised by levies, sponsorship, or event proceeds.
- Any funds raised shall be paid into the Society's bank account and remain
subject to the Society's control until it winds up its operations.
- Persons may be reimbursed for expenses incurred or paid reasonable
remuneration for services rendered but in no cases may funds be distributed
among members.
- Power to borrow money
- The executive may borrow money subject to approval at a general meeting
through a majority vote.
Section B: Society Membership
- Membership
- Membership is open to all individuals, as well as legally recognised
organisations (including, but not limited to, commercial businesses, clubs,
societies, and trusts) provided that the individual or organisation does
not have aims or agendas that conflict with the objects of this Society.
-
Individuals and organisations can become a member of the Society by:
- paying the appropriate membership fee and supplying their contact details
to the Membership Secretary
- recognising and agreeing to abide by the rules of the Society.
- Members gain full voting rights at the Society's Annual General Meeting and
any other benefits applicable at the time.
- Eligibility for Membership
- Individual: Any individual interested in flying disc sports may apply for
membership of the Society
- Organisation: Any legally constituted organisation or business interested
in promoting flying disc sports through playing, coaching, sponsorship,
administrative support or facilities grant
- Special / Honorary: Any individual may be granted special or honorary
membership status, by a majority vote at the Society's AGM or SGM, for
their outstanding contribution to disc sports.
- Life: Any individual may be granted life membership, by a majority vote at
the Society's AGM or SGM, for their outstanding service to further the aims
and objectives of the Society.
- Length of Membership
- Individual and Organisation: for one year.
- Special / Honorary: for one year. The member will pay no membership fees
for the year following their award and will enjoy full membership
privileges for that year.
- Life: The member will not have to pay any membership fees and will enjoy
full membership privileges for life.
- Membership Fees
- The Executive may set annual membership fees. Membership fees may only be
changed at an Annual General Meeting.
- Consideration for the setting of membership fees may include:
- National organisational body subscription
- Players pack offers
- Estimated booking requirements for fields and facilities over the
subscription period
- Equipment costs
- Contingency costs
- Audit requirements
- Sponsorship.
- Termination of Membership
- Resignation
- Any member may resign from the Society by giving written notice to the
executive (by post, fax or email).
- Membership will lapse if any member fails to pay any annual subscription
within three calendar months of the due date.
- Suspension or Expulsion
- Any member of the Society may call into question the actions of another
member by submitting a case in writing to the executive.
- The Executive will consider the question of suspension or expulsion
internally, inviting the parties to meet and discuss.
- Failing a mediated resolution, the Society has the authority to suspend a
member or ask a member to resign for conduct held by the Society to be
contrary to its interests.
- In default of resignation the question of expulsion will be submitted to a
general meeting of the Society to be held within three calendar months from
the date of the letter sent pursuant to clause 10.b.iii.
- The meeting shall be conducted according to the rules in Section D, except
that postal votes will not be eligible.
- At the meeting the chair will state the reason for seeking expulsion and
the member involved will have the opportunity to offer an explanation.
- If two thirds of those members present subsequently vote for expulsion the
person's membership will then cease.
- Similarly if the member concerned challenges the suspension the question
must be decided in accordance with the preceding clauses.
- Suspended Membership
- Any member of the Society can request to suspend their membership for up to
a year.
Section C: Society Executive
- Appointment of Officers
- Any member of the Society may become an officer of the Society.
- The executive must call for nominations at least twenty-one days prior to
the Annual General Meeting.
- The voting in of the executive must go in this order: the Primary Officers
(as defined in clause 11(d)), followed by the Auxiliary Officers.
- Primary Officers: At the Annual General Meeting of the Society the
following executive positions must be filled from the membership for the
Society to be considered constitutionally operational:
- President (Chairperson)
- Secretary
- Treasurer
- Auxiliary Officers: these are positions on the executive with equal voting
and participation rights to the primary officers, normally with specific
roles, but these positions are not counted toward forming a
constitutionally operational executive.
- The number of auxiliary officers may change from year to year, as a General
Meeting of members deems appropriate.
- Auxiliary members may include, but are not limited to the following:
- League Co-ordinator(s)
- Membership Secretary
- Webmaster
- Members at Large
- All executive members automatically retire at the next Annual General
Meeting. They are however eligible for re-election.
- The Executive has the authority to appoint a member to fill any casual
executive vacancy until the next Annual General Meeting.
- Liability
- The responsibility for the day-to-day running of the Society falls equally
with all officers.
- If an officer retires or leaves before their full term of office is up,
they will be considered liable for any resolutions taken to action while they
were in office.
- Termination of Officers
- Resignation
- Any officer may step down fourteen days after notifying the executive.
- The remaining officers are responsible for ensuring that they aware of any
responsibilities the resigning member might have left unfinished.
- If a resigning officer is one of the primary officers, the remaining
officers may appoint any consenting officer to that position in order to
ensure the Society is constitutionally operational.
- Sudden Departure / Stalled Executive
- Definition: A "Stalled Executive" occurs if the Society does not have a
full roster of primary officers. A Stalled Executive may not enter into
new contracts, authorise new initiatives or engage in any new activity
other than the filling of the primary three seats on the executive.
- A Stalled Executive may occur when one or more primary officers resigns or
suddenly departs and no auxiliary officer is able to fill the vacant
primary position.
- The remaining officers are empowered to run the Society as a legal entity
for no more than 21 days after the executive is stalled.
- Current projects already underway, or events that occur within that 21 days
that have already been fully arranged, may continue as planned at the
discretion of the Society's remaining officers.
- The Stalled Executive is to immediately issue the membership with a notice
of a Special General Meeting, the main purpose of which is to fill the
vacant primary position(s).
- Only when a primary executive has been fully established may the stalled
state be lifted.
- If the stalled state is not lifted after 21 days, the Society is to notify
the Register of Incorporated Societies and begin proceedings for winding up
the Society as outlined in clause 6(a).
Section D: Meetings
- General Meetings
- Annual General Meetings
- An Annual General Meeting should be held each year for the following
purposes:
- To receive the president's annual report
- To receive the Society's annual financial statement
- To elect officers for the new year
- To recognise and reward significant achievements for the year
- To decide on any notice of motion proposed by any members
- To confirm the membership fee structure for the upcoming year
- To consider, if the chairperson consents, any general business item
- Annual General Meetings must be held each calendar year, between nine and
fifteen months after the previous one.
- Special General Meeting
- Special General Meetings can be called at any time by any executive member
for any special purpose.
- Should the executive receive a written notice of motion from ten Society
members, a Special General Meeting must be called.
- Summoning
- Fourteen days notice of any General Meeting must be given to every member
of the Society by email or another appropriate means detailing the
meeting's location, date, time and agenda (which should include nominations
for positions and motions to be voted on).
- Quorum
- The quorum for any General Meeting is ten members and the president or the
president's nominee must be present.
- Method of Voting
- Voting will, in all cases, except for contested elections to the executive
or unless decided to the contrary by those present at the meeting, be open.
It will comprise a show of hands of members plus any postal votes received.
- Contested elections to the executive will be decided by secret ballot
- Every motion put to a vote is, unless otherwise stated, decided by a simple
majority of votes cast by members.
- If these votes result in a tie, the chairperson has a casting as well as an
ordinary vote.
- Executive Meetings
- Executive meetings may be held as, when or where required, in order to
transact the Society's business and decide on any resolutions put to the
meeting.
- At all executive meetings, a quorum shall be at least half of the total
number of officers elected.
- An agreed upon Chair will conduct all meetings and every officer is
entitled to one vote on every motion put forward.
- Every motion put to a vote is, unless otherwise stated, decided by a simple
majority vote. Voting follows the procedures outlined in clause 14(e).
- Minutes of meetings should be made available to all members of the Society.
- Virtual Executive Meetings
- Officers may conduct ongoing Society business, including administration,
discussion, voiting and publicity via the electronic network or another
agreed upon method available to all members of the executive.
- Decisions and content summaries of virtual meetings should also be
minuted, or at least acknowledged at the next executive meeting.