Mimosa Club Constitution (2015)

Mimosa, Famagusta & Paralimni Bowling Club

Constitution.

Effective date 1st October 2007

Amended 14th May 2015

Section 1. Definitions.

The following definitions are used throughout the “Constitution” of the Club (more commonly called the “Rules” or “Rules and regulations).

Club shall mean the Mimosa, Famagusta & Paralimni Bowling Club

Facility Owner shall mean the Mimosa Beach Hotel (Leosons Investments Ltd)

Hon President shall mean a nominee of the facility owner to advise the club on the policies of the facility owner that the club must respect and also to act as an intermediary on all matters.

Member shall mean a person resident in Cyprus elected in accordance with the election procedures and entitled to vote at an Annual General Meeting (AGM) or an Extraordinary General Meeting (EGM).

Junior Member shall mean a person resident in Cyprus, aged between 10 and 18 years, elected in accordance with the election procedures and not entitled to vote an AGM or EGM.

Associate Member shall mean a non-resident of Cyprus elected in accordance with the election procedures and not entitled to vote at an AGM or EGM.

Club year shall mean the period from 1st February until 31st January of any calendar year.

Officer shall mean the occupant of a post specified in the constitution.

Committee shall mean the officers appointed to run the day-to-day activities of the club.

Membership Fee shall mean an annual subscription payable by every member, junior member or associate member to support club activities.

Playing Fee shall mean an annual subscription collected by the club from each member or junior member on behalf of the facility owner and paid by the club to the facility owner. This fee is at the discretion of the facility owner.

Member Liability in the event of winding up the club for any reason members will participate equally in any surplus and jointly liable for any deficit.

Formal Meeting shall mean only an Annual General Meeting (AGM) or an Extraordinary General Meeting (EGM). That must be called within 14 days after receipt of a valid motion.

Notice of formal meeting shall be deemed served by placing of copies of notice at an agreed point to be collected by members or by sending of an e-mail or similar electronic technique. Notice shall be 14 clear days and shall include a detail of the agenda and where appropriate copy of the accounts.

Show of Hands shall be the normal method of voting at all formal meetings.

Ballot method of voting shall supersede a show of hands at an AGM or EGM if requested by ten (10) members or one quarter of the members whichever is the lesser and who are in attendance at the AGM or EGM.

The committee has discretion to call a ballot on any issue.

A ballot must be used where specifically required by the constitution.

Proxy method of voting is not permitted at any formal meeting.

Valid Motion in the case of an AGM shall mean any written proposition made by a member, seconded by a member and submitted to the committee in due time for inclusion in an AGM.

In the case of an EGM the written proposal must be made by the minimum of ten (10)% of members and an EGM must be convened within 14 days of receipt of the valid motion.

Waiting List shall mean a list of applicants, maintained in date order, who are unable to be considered for election due solely to the total membership being subscribed.

Admin Notice shall mean a circular whereby the committee communicates changes in the day-to-day practices and procedures of the club.

Dispute (Informal Review) shall mean the first process to resolve any disagreement, between the committee and a member or junior member or between individual members that is not in the general interest of the club

Dispute (Formal Review) shall mean the process to resolve any disagreement that cannot be concluded as a dispute (informal review).

Section 2. General

Aims. To promote, foster and encourage the game of bowls in Cyprus in a convivial and friendly environment.

Rules of Play. Shall be the rules as prescribed by W.B. Ltd and E.B.U.

Membership.

Member – No limit to Membership, membership is renewable annually.
Junior Member – no limit to the number and membership is renewable annually.
Associate Member - no limit to numbers. Election period(s) and fees to be advised by means of an Administration Notice.
No membership, of any category, is transferable or heritable.

Election of Member

Nominated by two members of at least one years standing. ( except in the first two years of formation of the club)
Application forms shall be displayed on the notice board for a minimum of 14 days prior to review by the committee or addition of name to waiting list.
Members may object in writing to a proposed nomination prior the next committee meeting or addition to the waiting list.
Application may be reviewed from the waiting list in due course.
A majority of the committee must vote in favor of a proposed applicant at point of election or transform from waiting list.

Election of Junior Member.

Nominated by two members of at least one year’s standing. (except in the first two years of formation of the club)
Application forms shall be displayed on the notice board for a minimum of 14 days prior to review by the committee.
Members may object in writing to a proposed nomination prior to the next committee meeting.
A majority of the committee must vote in favour of a proposed candidate,
Junior members may only play if accompanied by a member.

Election of an Associate Member.

Only a written application, supported by three members and pre-payment of fees, is required.
A majority of the committee must vote in favor of a proposed applicant

Annual Fees of Members and Junior Members

Non-refundable membership fee is payable in full for any club year or part thereof.
Fees will be advised by means of an Admin Notice.

Cessation.

By written or verbal notification to an officer.
By non-payment of fees.
By decision of an EGM.

Section 3. Management

Honorary President

The facility owner shall nominate the honorary president.

Committee.

The committee has collective responsible for furthering the aims of the club, handling the administration, financial management, and promoting harmony both on and off the green and maintaining proper behavior through the exercise of the dispute procedure. The duties and responsibilities of an officer shall be published in an Admin Notice.

The Committee shall be comprised of the following officers:

•Chairperson

•Captain

•Hon Secretary

•Hon Treasurer

•Competition Secretary

•Social Secretary

•Member

The committee has discretion to co-opt members to assist in any matter.

Debate and render a decision on any valid motion. The members proposing and seconding a valid motion must be present at the meeting, failing which the proposed motion is ultra vires and may not be discussed.

Committee Quorum

A Committee Meeting shall be held when there are sufficient members to form a Quorum. A Quorum shall consist of 5 Elected Committee Members excluding the Chairperson.

Any discussions and decisions deriving from such meetings shall be made public to the rest of the Club Membership by way of published Minutes either displayed on the clubs notice board or sent to members by electronic means.

Formal Meetings.

Annual General Meeting (AGM).

To be held not earlier than 28th of February in after the end of the club year.
Members only may attend.
Membership list will be displayed at the meeting.
Notice of the meeting is 14 days.
Quorum will be fifteen (15) members present.
Where no quorum is present the meeting will adjourn and will automatically be re-convened 7 days later and the members present shall form a quorum.
Voting shall firstly be by show of hands then/or by ballot.
Nomination for a specific post for an officer of the club shall be made in writing by a “proposer” and “seconder”. The nomination must specify the post being sought.
A list of nominations shall be included in the agenda for the AGM.
Prior to the election of officers, all members if the committee will stand down and may be immediately re-elected if the officer’s name is included on the list of nominations and the post is uncontested.
A ballot will be held where there is more than one nomination for a specific post.
Only items on the agenda may be discussed at the A.G.M.

Agenda for the AGM shall comprise only the following:

• Review and approve the report of the Chairperson

• Review and approve the report of the Captain

• Review and approve the report of the Hon Secretary

• Review and approve the report of the Hon Treasurer

• Review and approve the report of the Competition Secretary

• Review and approve the report of the Social Secretary

Debate and render a decision on any valid motion. The members proposing and seconding a valid motion must be present at the meeting, failing which, the proposed motion is ultra vires and may not be discussed.

Election of officers.

Any other business.

The agenda must state that whilst any subject may be raised and discussed, no vote may be taken nor is the committee obliged to take any action.

Extraordinary General Meeting. (EGM).

The committee must call an EGM upon receipt of a valid motion.
Notice of the meeting is 14 days.
Members only may attend unless specifically invited by the committee to advise or comment on the motion of the EGM.
Quorum will be fifteen (15) members present.
Where no quorum is present the meeting will automatically adjourn sin die.
The members proposing and seconding a motion must be present at the meeting failing which, the proposed motion is ultra vires and may not be discussed.
Voting shall firstly be by a show of hands or by ballot if demanded.
Only valid motions on the agenda may be discussed at an EGM.

Changes to the Constitution

Any proposed amendments (Changes) to the Constitution can only be made at a full AGM and any Motion must be carried by at least 80% of the voting members.

Accounts

A full set of Accounts for the year will be presented to the AGM by the Treasurer with copies to all members present and will be displayed on the club notice board for a period of one month after the AGM.

Dissolution

In the event of dissolution of the club for any reason, members will participate equally in any surplus and jointly liable for any deficit (see also member liability under Section 1. Definitions.

Dispute Procedure

Informal Review

On taking note of, or being informed of inappropriate behaviour, the Captain will meet with the member or members involved and through discussion will endeavour to resolve the matter without rancour. In the event of the Captain being directly involved in any allegations, then he/she will not conduct any informal review. This will be carried out by the Club Chairperson or another Committee member allocated to the task by the Chairperson.

No record will be kept of these discussions if the matter is resolved amicably.

However, failing this, the person presiding over the review will submit a written report of the discussions to the committee, who will decide whether the matter needs to be taken further and whether the informal report is to be destroyed or retained. A formal record of this decision is to be kept.

Formal Review

If the committee decides to pursue the dispute then an ad hoc committee comprising the Captain and five other members randomly selected by a draw of names, will be formed by the committee.

The Captain will act as a non-voting chairman of the ad hoc committee and each member will have one vote only.

In the event of any conflict of interests involving the Club Captain in respect of a dispute or potential disciplinary proceedings of which he/she are involved, then the position as a non-voting Chairperson on any ad-hoc committee formed to investigate the matter, shall be relinquished.

This position will then be assumed by the Chairperson of the club or should any conflict of interests still arise, then another Committee Member shall be appointed by the Chairperson to assume that position. This person shall preside over the whole proceedings until its conclusion.

In the event that any member(s) selected is/are unwilling or unable to participate, then the same selection procedure will continue until the ad hoc committee is formed.

If for any reason the ad hoc committee cannot be formed, the club committee must call an EGM if it is deemed necessary to take the matter further.

The duties of a duly formed ad hoc committee will be to investigate the matter further and seek to reach a satisfactory conclusion. This investigation may involve further discussion with the member/members involved and /or with other members who may have something constructive to contribute.

Detailed records will be kept of the procedure and these records will be submitted to the committee and kept as a permanent record.

If the matter cannot be resolved within one month of the formation of the ad hoc committee, the ad hoc committee must make a recommendation in writing to the committee as to the action to be taken against the member/members concerned.

Options in this respect are: a) No further action. b) Suspension from all club competitions for a period to be stipulated by the ad hoc committee. c) Suspension from the club for a period to be stipulated by the ad hoc committee, or d) Expulsion from the club with immediate effect.

The committee may accept the recommendations of the ad hoc committee or may substitute a lesser but not a greater penalty.

With the exception of d), the final decision must be communicated to the member/members in writing by the committee and if accepted, the matter must be considered closed.

In the event that the member/members do not accept the decision or if the recommendation is expulsion, the committee must call an EGM as soon as possible in the context of notice requirements, so that the members may decide.

At the EGM, the records of the ad hoc committee will be presented as justification for the penalty decided upon.