Enniskillen Rugby Football Club
(Incorporating Athletics)
Constitution
September 2023
1. Name
The Club shall be called Enniskillen Rugby Football Club (hereafter referred to as "The Club")
2. Aims and Objectives
The objectives of the club shall be:
a.
to provide and maintain playing fields, pavilion, clubrooms and other necessary accommodation for the members, so as to promote and encourage the playing of the amateur sport of Rugby Football and such other sports and pastimes, as may, from time to time, be agreed upon, in Enniskillen, and generally to provide facilities, and a safe environment, for recreation and social intercourse among the members.
b.
to develop sport by:
(1)
encouraging participation in activities;
(2)
providing members with suitable competition;
(3)
assisting members to improve their personal sporting standards;
(4)
organising competitions locally;
c.
to support, or subscribe to such charities and other charitable purposes, as shall be recommended by the Finance Committee.
d.
To offer Athletics under the rules of Athletics Northern Ireland.
e.
To provide all its services in a way that is fair to everyone.
f.
The Club is a non-profit making organisation. All profit and surpluses will be used to maintain or improve the Club's facilities. No surpluses or assets will be distributed to members or third parties. No surpluses or assets will be distributed or transferred other than to another registered charity, or the Sport's governing body, for use in community sport, on winding up or dissolution of the Club.
3. Affiliation
The Club shall be affiliated to the Irish Rugby Football Union.
4. Membership
All members shall have an equal right to avail themselves of all Club facilities to which their membership entitles them, while remaining subject to the Rules of the Club, and the regulations of the Irish Rugby Football Union. To ensure all present and future members receive fair and equal treatment.
Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs except as a necessary consequence of the requirements of Rugby. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis. Children under the age of 16 attending training, matches or any Club activity must be accompanied by their parent or guardian who shall be responsible for them. For young people age 16 or 17, a parent or guardian is to be entirely responsible for their attendance at all club activities.
Membership should consist of officers and members of the club.
All members will be subject to the regulations of the constitution and by joining the club will be deemed to accept these regulations and codes of practice that the club has adopted.
The Club may have different classes of membership and subscriptions on a non-discriminatory and fair basis.
The Club shall consist of the following classes of membership
(i)
Playing members over 18 years of age on 1st September unless a full time student
(ii)
Playing members over 18 years of age on 1st September and a full time student
(iii)
Non playing members
(iv)
Life members
(v)
Honorary members
(vi)
Playing members under 18 years of age on 1st September
(vii)
Pavilion members
a.
(i)
Members in categories i, ii, iii, iv, and v shall be entitled to be present and speak at all Annual and Extraordinary General Meetings of the Club and shall be known as full members and have one vote on all proposals before the meeting.
(ii)
Members in category vi shall be entitled to be present and speak at all Annual or Extraordinary General Meetings of the club, but shall not be entitled to vote.
(iii)
Members in category vii shall not be entitled to be present at Annual or Extraordinary General Meetings of the Club. Moreover they shall only be entitled to have use of the Club facilities on one day per week. It shall be a condition of membership for this category that their membership can be withdrawn immediately and without notice by any person appointed by the Management Committee to supervise the activities of these members.
b.
Honorary life membership of the Club may be conferred upon any member by a majority vote of those present at an Annual General Meeting (AGM) in recognition of someone who has performed an outstanding service, or who has made an outstanding contribution to the Club.
c.
Any member wishing to resign from the Club must do so in writing or by email to the Secretary before the 1st January, failing which, they may be liable for the ensuing year's subscription.
d.
Resignation shall be considered by the Committee within one calendar month of receipt and will be held as effective from the date of tendering. Resignations will not be accepted if the member is financially indebted to the Club, i.e. has not paid their subscription for the current year and acceptance of the resignation will be withheld until the debt has been discharged.
e.
The Committee shall have the power to refuse membership or suspend or exclude any member only for good cause such as conduct or character likely to bring the club or sport into disrepute or contravention of this Constitution, documented rules or published codes of conduct that may exist at that time. In exercising these powers the Committee shall adhere to the Club's disciplinary procedures. Appeal against refusal or removal may be made to the members.
5. Membership Fees
a.
The annual subscriptions in the categories i, ii, iii, vi, and vii in 3a above, from 1st September annually will be set at Annual General Meetings.
b.
The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
c.
The Annual Subscription shall be in respect of the 12 month period from 1st September to 31st August, hereafter called the current year and the subscription for each current year shall be payable on or before 31st October of that year.
The Hon Treasurer, or some other person appointed by him, shall on the 1st December post in the clubhouse a list of members showing the subscriptions unpaid for the current year and in case any member shall allow his subscription to remain unpaid for 1 calendar month after such posting, such member shall not be entitled to use the facilities of the Club. Any member whose subscription remains unpaid for one year from the time, the same become due, shall thereupon cease to be a member of the Club.
6. Officers of the Club
a.
The management of the Club shall be vested in a Committee that shall consist of the President, Treasurer and Secretary who shall be Officers of the Club together with a maximum of ten other members. All the foregoing shall be elected at the AGM and remain in office until the conclusion of the AGM of the following year.
b.
Each new full member of the Club shall receive a copy of the Constitution and Rules of the Club from the Convenor of the Committee which ratified his membership.
c.
The affairs of the Club shall be managed by the MANAGEMENT COMMITTEE consisting of the following:
President
Senior Vice President
Junior Vice President
Honorary Treasurer
Honorary Secretary
Convenor/Chairman of Rugby Committee
Finance and Development Committee
House and Grounds Committee
Entertainment and Functions Committee
Club Trustees
Three elected Club members who do not hold office or any other position within the Club.
A presence of 5 elected members of the Management Committee is required to form a quorum;
and by a RUGBY COMMITTEE consisting of the following:
Committee Chairman/Convenor
Club Captain
Chairman of the Selection Committee
Youth Convenor
Mini Rugby Convenor
Ladies Convenor
Player representatives from 2nd 3rd and 4th XVs
Match Secretary
Fixtures Secretary
Ulster Branch Representative
The President, Hon Treasurer and Hon Secretary are ex-officio members to all Club Committees and Sub-Committees.
The Management Committee shall meet 12 times in each year and shall be concerned with all matters appertaining to the administration and affairs to the club and shall have the power to call for and consider reports from the Rugby Committee. The Management Committee shall have the power to form Sub Committees to deal with such subjects as it shall deem appropriate.
d.
The Honorary Secretary shall keep minutes of all General Meetings of the Club, minutes of all meetings of the Management Committee, be responsible for all correspondence to and from the Club and be responsible for ensuring the general administration of the Club is in compliance with the Club Constitution.
e.
The Rugby Committee shall deal with all matters appertaining to the playing of Rugby Football and shall be responsible for same to the Management Committee to whom it should present reports with firm recommendations as appropriate. It shall have authority to for sub-committees to deal with selection, coaching, ground maintenance and improvement, youth policy etc. Rugby teams representing the club shall be selected by such a sub-committee consisting of all team captains and such others elected or co-opted members as the Rugby Committee may see fit.
f.
The names of members of all club committees and sub-committees shall be shown in the fixture book for the current year. All such sub-committees shall consist of at least 3 members
g.
The Management Committee shall appoint Trustees of the club and the property of the club shall be considered as vested in the said Trustees for the time being. They shall deal with the property of the Club as directed by the resolutions of the Management Committee of which any entry in the Minute Book shall be conclusive evidence and they shall be indemnified against loss or expense out of club property. The Management Committee shall have the power to change the Trustees at any time at their discretion.
h.
The Management Committee shall have the power to make, alter or add to the rules of the Club as occasion may require and shall be the sole interpreter of aforesaid rules.
7. Finance
a.
The financial year of the Club shall end on 28th February.
b.
All Club monies will be banked in an account held in the name of the club.
c.
The Honorary Treasurer shall collect and take charge of the funds of the Club, keep regular and correct accounts and books showing receipts, expenditure and financial affairs of the Club and shall present an audited set of accounts and a balance sheet at the Annual General Meeting.
d.
Any cheques drawn against club funds should hold the signature of the Treasurer plus up to one other officer.
e.
Expenditure above agreed budget levels may only be authorised at a Committee meeting.
f.
All surplus income or profits are to be reinvested in the club. No surpluses or assets will be distributed to members of third parties.
8. Annual General Meetings
a.
The Annual General Meeting of the Club shall be held not later than 31st May each year at such time and place as the Management Committee shall determine. A notice convening such a meeting shall be displayed prominently in the Clubhouse at least 14 days before any such meeting. At least 10 full members must be present and in case no quorum assembles within 30 minutes after the time stated on the notice, the meeting shall stand adjourned until the same day in the following week at the same hour and place and so on in like manner. The President of the Club shall take the chair. On divisions, the Chair shall have a vote and in cases of equality a casting vote. All eligible members of the Club at the meeting who are aged 18 years or more shall have one vote
b.
An Extraordinary General Meeting of the Club shall be convened by the Honorary Secretary on receiving a requisition signed by at least 10 full members. The notice convening the meeting must state the reason for the meeting and otherwise comply with requirements and procedure of the Annual General Meeting. No other business shall be dealt with at the Extraordinary General Meeting other than as stated on the notice convening the meeting.
c.
The business of the Annual General Meeting shall consist of
(i)
Address by out going President
(ii)
Honorary Treasurers report
(iii)
Honorary Secretary's report
(iv)
Club Captains report
(v)
Election of the members of the Management Committee annually consisting of,
President
Senior Vice President
Junior Vice President
Honorary Treasurer
Honorary Secretary
Convenor/Chairman of Rugby Committee
Convenor of Finance and Development Committee
Convenor of House and Grounds Committee
Convenor of Entertainment and Functions Committee
Three Club members who do not hold any office or position within the Club and these members will serve a maximum of 2 consecutive years and will have to be re-elected each year. These members may also be voted off the Management Committee after 1 year.
All of these positions will be elected annually and full Club members will be nominated for these offices by the Management Committee.
Any nominations for these offices, other than those made by the Management Committee must be given to the Honorary Secretary in writing 14 days prior to the date of the Annual General Meeting.
(vi)
The election of the Honorary Auditor who shall not be a member of the Management Committee.
(vii)
The election of the Rugby Committee consisting of:
Club Captain
Chairman of the Selection Committee
Youth Convenor
Mini Rugby Convenor
Ladies Convenor
Player representative from 2nd 3rd and 4th XVs
Match Secretary
Fixtures Secretary
Ulster Branch Representative
(viii)
Election of team Captains
(ix)
Consider any amendment to the constitution of which due notice has been given to all members. Any proposed change to the constitution must be received by the Secretary at least 14 days preceding the meeting in order that all members shall have sufficient notice of the proposal.
9. Extra-Ordinary General Meeting
a.
An EGM may be called by the Committee to discuss changes to the Constitution and Rules or any other Club business too urgent to wait for the AGM.
b.
An AGM must be called if 25% of voting members so petition the Secretary in writing.
c.
Three weeks notice of an EGM must be given to the all members by email or in writing together with the motion/s to be discussed. No other business shall be conducted.
d.
Procedures for voting shall be as used for the AGM.
10. Equity Policy Statement
a.
The Club is committed to ensuring that equity is incorporated across all aspects of its development. In doing so it acknowledges and adopts the following definition of sports equity:
"Sports equity is about fairness in sport, equality of access, recognising inequalities and taking steps to address them. It is about changing the culture and structure of sport to ensure it becomes equally accessible to everyone in society."
b.
The Club respects the rights, dignity and worth of every person, and will treat everyone within the context of their sport by providing equality of opportunity for successful participation between persons of different religious belief, political opinion, racial group, ethnicity, age, marital status or sexual orientation, gender, ability; persons with a disability and persons without, persons with dependents and persons without.
c.
The Club is committed to everyone having the right to enjoy their sport in an environment free from threat of intimidation, harassment and abuse.
d.
All club members have a responsibility to oppose discriminatory behaviour and promote equality of opportunity.
e.
The club will deal with any incidence of discriminatory behaviour seriously, according to club disciplinary procedures.
f.
The Club is fully committed to safeguarding the well-being of its members. Every individual in the Club should, at all times show respect and understanding for their rights, safety and welfare, and conduct themselves in a way that reflects the principles of the Club and the guidelines contained in the Code of Ethics and Good Practice for Children's Sport in Ireland.
g.
Please refer to the club's Equity Policy for more information.
11. Discipline and Appeals
All concerns, allegations or reports of poor practice/abuse relating to the welfare of children and young people will be recorded and responded to swiftly and appropriately in accordance with the club's safeguarding children and young people policy and procedures. The club welfare/designated officer is the lead contact for all members in the event of any safeguarding concerns.
All complaints regarding the behaviour of members should be presented and submitted in writing to the Secretary.
The Management Committee will meet to hear complaints within 14 days of a complaint being lodged. The committee has the power to take appropriate disciplinary action including the termination of membership.
The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within 7 days of the hearing.
There will be the right of appeal to the Management Committee following disciplinary action being announced. The committee should consider the appeal within 21 days of the Secretary receiving the appeal. In the case of expulsion, any appeal may be made to the members of the club.
12. Property and Funds
a.
The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are reinvested in the Club.
b.
The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, travel expenses and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
c.
The Club may also in connection with the sports purposes of the Club:
I.
Sell and supply food, drink and related sports clothing and equipment.
II.
Employ members and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present.
III.
Pay for reasonable hospitality for visiting guests;
d.
Indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).
e.
The Committee will have due regard to the law on disability discrimination and child protection.
13. Dissolution
a.
The Club shall not be dissolved except by the consent of three quarters of the present full members to be testified by their signatures to resolution providing for such dissolution. The resolution to dissolve can only be passed at an AGM or EGM.
b.
The Committee will then be responsible for the orderly winding up of the Club's affairs.
c.
After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
i.
To another Club with similar sports purposes which is a registered charity and/or
ii.
To another Club with similar sports purposes which is a registered CASC and/or
iii.
To the Club's national governing bodies for use by them for related community sports.
14. Alterations to the Constitution
The Constitution may be altered but only by a resolution passed by two-thirds of those present and voting at an AGM or an EGM called for that purpose.
15. Revision History
a.
This Constitution was formerly adopted at the EGM held on 31st August 2023 and replaces the previous constitution used since May 2018.
b.
Proposed by Reggie Ferguson and seconded by Freddie Frazer to adopt.