Golden Gate Australian Football League
CONSTITUTION
1.NAME OF ASSOCIATION
1.1 This body shall be an incorporated Association and shall be known as the Golden Gate Australian Football League (Inc) ("GGAFL").
1.2 The GGAFL's registered office shall be situated at The Presidents Residence in the State of California or any such office as the Executive Committee shall determine from time to time.
2.OBJECTS OF THE LEAGUE
The objects of the GGAFL shall be the control, encouragement and advancement of Australian Football played under the Australian Rules of football in the State of California.
3. POWERS OF THE GGAFL
To do all such things as are necessary, incidental or conducive to the attainment of the objects of the League.
4.NON PROFIT
The income and property of the GGAFL shall be applied solely towards the promotion of the objects of the GGAFL. No portion of the income or property shall be paid, transferred or distributed directly or indirectly to members of the Association, provided that nothing shall prevent the payment in good faith of remuneration to any officer or employee of the GGAFL, to any person other than a member, in return for services rendered to the GGAFL.
5.MEMBERSHIP
The League shall be constituted as follows :
5.1 Such Clubs as may from time to time be admitted as members of the League in accordance with this Constitution, each Club being represented by a delegate as herein after provided.
5.2 The executive of the League elected pursuant to Rule 7 hereof.
5.3 Life members of the League elected pursuant to Rule 8 hereof.
5.4 The Members of the Management Committee elected pursuant to Rule hereof.
6.THE Executive Committee
6.1 Each club admitted to the League shall appoint annually one delegate to the Executive Committee ("the Committee") provided that in the event of there being less than ten Clubs affiliated with the GGAFL each club shall appoint two delegates instead of one.
6.2 The Committee and the life members of the GGAFL shall be ex officio members of the Committee and may speak, move or second motions but if not a delegate or proxy delegate may not vote.
6.3 Each club shall appoint one proxy delegate who may act in the place of the club delegate at meetings of the Committee should the club delegate be unable to attend such meeting.
6.4 Any person disqualified pursuant to Rule 20 hereof shall not be allowed to sit as a delegate or proxy delegate on the Committee during the period of his disqualification.
7. EXECUTIVE
7.1 The Committee shall elect the following as the Executive at its Annual general Meeting when required:
(i) President
(ii) Vice President
(iii) Secretary
(iv) Treasurer
7.2 Candidates shall be proposed in writing to the GGAFL by members of the Committee fourteen days prior to the Annual General Meeting at which the election is to take place or twenty eight days before a Committee Meeting at which an election is to be held.
7.3 The election shall be conducted by ballot. All eligible members of Committee present shall be entitled to one vote and the person receiving the most votes shall be declared duly elected.
7.4 Newly elected officers shall take office for a period of one year immediately after their election.
8. LIFE MEMBERS
Any person who has rendered outstanding service to the GGAFL may be elected a life member thereof by a three quarters majority of those present and eligible to vote at the Annual General Meeting of the Council, provided that notice of nomination has been given to the committee fourteen (14) days prior to the Annual General Meeting.
9. MANAGEMENT COMMITTEE
9.1 The management committee ("the committee") shall consist of the Executive together with persons elected at the Annual General Meeting of the Council.
9.2 Candidates shall be proposed in writing to the GGAFL by members of the Committee fourteen days prior to the Annual General Meeting.
9.3 (a) The election shall be conducted by simple ballot and all voting members of Committee present shall be entitled to vote and the persons receiving the most votes shall be declared duly elected PROVIDED HOWEVER that in the event of a tie, those persons tying will be subject to a further ballot to decide the winner.
9.3 (b) In the event that the number of nominations for the committee shall be equal to or less than the officers which are available at the Annual General Meeting, all candidates shall give a resume' about themselves, and their appointment to office must be approved by at least 50% of the members present.
9.3 (c) No Executive member of a Club which is a member of the League shall be eligible to hold a position on the Executive of the committee.
9.4 If any office shall become vacant from any cause whatsoever during the current term thereof, as soon as possible after a vacancy occurs, the committee shall appoint someone to fill the vacancy in an acting capacity pending the election at the next Council meeting. An election to fill the vacancy shall be conducted at the next meeting of Council held immediately after the occurrence of the vacancy. The officer then elected shall hold office for the remainder of the term.
9.5 Should a person be nominated at the Annual General Meeting, or other General Meeting for more than one position on the Executive of committee he will be elected to the most senior position for which he is successful, in accordance with seniority as provided in Clause 7.1 hereof, and eliminated from consideration for other positions for which he has been nominated.
9.6 Committee shall meet at least once a month between the 1st day of April and the 30th day of October in each year.
10. POWERS OF THE MANAGEMENT COMMITTEE
The business and affairs of the League shall be under the management of the committee. Without prejudice to or limiting the powers conferred by other rules, the committee shall have the power to do any or more of the following acts :
10.1 To control and manage the GGAFL subject to a general meeting of Committee and the rules contained herein.
10.2 To make repeal or amend by laws, not inconsistent with this Constitution to carry out the objects of the GGAFL provided that all by-laws made by the Committee shall have effect only fourteen days after being publicized and shall be subject to disallowance or amendment at the next Committee meeting.
10.3 To appoint, dismiss and fix a salary in terms and conditions or employment of such employees as the Committee may from time to time determine and to delegate to any persons so appointed any of its powers or duties and to fix and pay any honorariums it deems fit.
10.4 To appoint such committees and boards composed of those persons as the committee may think fit to investigate any matter in any way relating to the affairs of the League or to perform such duties as the committee may determine. Subject to these rules the committee may regulate the proceedings of all committees.
10.5 To invest monies of the GGAFL not immediately required for the purposes thereof in the form of investment thought appropriate by the committee and from time to time to vary or realign such investments.
10.6 To purchase, take on lease or in exchange and to buy or other wise acquire any land, buildings, easements, rights or privileges or other property whether real or personal which the GGAFL may think necessary or convenient for the purposes of or capable of being used in connection with any of the objects of the GGAFL.
10.7 To borrow (with or without security) and raise and give security for money by the issue or upon bonds, debentures, promissory notes or other securities or by mortgage or charge upon all or any part of the property of the League.
10.8 To institute, conduct, defend, compound or abandon any legal proceedings by or against the League or against any other persons to refer any claims or demands by or against the League to arbitration and to observe and perform the awards.
10.9 To enter into all such negotiations and contracts and rescind and vary all such contracts and to do all such acts deeds and things as the committee may consider desirable for the performance of their duties.
10.10 To investigate at its discretion any protest, dispute or other matter which may arise and which does not automatically come before the protests and dispute tribunal.
10.11 To investigate at its discretion the records of any of its member clubs.
10.12 To register the Association under the appropriate laws in California and USA and to adopt the common seal of the association.
10.13 To do any other business not required to be done at a General Meeting of the Council.
10.14 To do all such lawful things as the committee may deem to be incidental or conducive to the attainment of the above objects or any of them.
11 GENERAL MEETINGS OF COUNCIL
11.1 The Annual General Meeting shall be held not later than the last day of May in each year for the purposes of dealing with the annual reports and balance sheets for the previous year, the election of officers and members of the committee and business of which notice has been given at least twenty-one (21) days prior to the date of the meeting.
11.2 Ordinary General Meetings may be called by the President or Executive at any time provided at least twenty one (21) days notice of the meeting is given to the membership. Business dealt with at such a meeting shall be included in the notice and any other, that notice has been given fourteen (14) days prior to the meeting.
11.3 Special General Meetings shall be called by the Executive upon the receipt of a written requisition signed by not less than ten or one third of the delegates whichever be the lesser and setting forth the object of the requisition and the business to be transacted at the special meeting. Special meetings shall be held within twenty one days after receipt of the requisition and only the business mentioned therein shall be transacted at the meeting.
11.4 Any meeting of Committee may be adjourned from time to time as shall be determined at the original meeting or at any adjournment thereof.
11.5 Any adjourned meeting shall be deemed to be another meeting when recording the attendance delegates.
11.6 The quorum of the meeting shall be one half of the delegates appointed to Council.
11.7 A delegate who has attended a meeting for a period of time in the course of the meeting shall be deemed to have attended the meeting.
11.8 All meetings shall be held at a place determined by the President or Executive Officers.
11.9 The decision of the Council in all matters within its powers referred to it shall be final and binding on all clubs and members thereof.
11.10 All members financial (as declared by the committee) at the time of the General Meeting and whose delegate is present at that meeting shall be entitled to vote at that General Meeting except that if there is an equality of votes and a question other than an election the Chairman of the meeting (not having voted previously) shall have the casting vote.
11.11 At the Annual General Meeting the order of business shall be as follows:
1. Apologies
2. Minutes
3. Annual reports and balance sheets
4. Elections
5. Motions by notice General business
12. SUBSCRIPTIONS
12.1 The annual subscription for each member of the GGAFL shall be an amount as the committee may determine.
12.2 The annual subscription shall be paid as the committee may determine.
13. FINANCIAL YEAR AND FOOTBALL SEASON
The financial year of the League shall commence on the 1st day of November and conclude on the 31st of October in the following year and the football season shall commence upon such date and continue for such period as the committee shall determine.
14. AMENDMENT OF CONSTITUTION
This Constitution may be amended or repealed by a three quarters majority of delegates present and eligible to vote at a meeting of the Council. Notice of such amendment to be given at least twenty eight (28) days prior to the meeting and clubs be given a minimum of fourteen (14) days notice.
15. INTERPRETATION OF CONSTITUTION
In case of any question arising not provided for in the Constitution, or as to the interpretation of the Constitution, the majority decision of the committee shall be taken and acted upon.
16. COMMON SEAL
When incorporated the GGAFL shall have a common seal which shall be kept in the custody of the Executive Officer and shall not be affixed to any document or paper writing except by the authority of the committee.
17. AUDITORS
One or two auditors shall be elected at the Annual General Meeting. They shall examine the books, accounts, receipts, vouchers, etc. for the year following their election and compare the same with the statement of income and expenditure in the balance sheet. They shall certify as to the correctness or otherwise of the statement of income and expenditure and balance sheet and furnish the Executive Officer with a report as to the state of the funds. The auditors finding any deficiency in money or effect shall state the particulars in their report.
18. DISSOLUTION
The League may at any time with the consent of the majority of the members present at a General Meeting called for the purpose be dissolved. If upon the dissolution or winding up of the GGAFL there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the GGAFL but shall be given or transferred to some other association or institution having objects similar, wholly or in part to the objects of the GGAFL and shall prohibit the distribution of its or their income and property amongst its or their members some charitable objects or objects which association, time of dissolution or winding up, and which shall be an association or object or in default thereof or if and insofar as effects cannot be given to such determination that such payment or distribution shall be determined by a Judge of the Supreme Court.
19. EXPULSION OF MEMBERS
19.1 If in the opinion of the committee the conduct of any member is injurious to the interests of the GGAFL or a subscription is more than three months overdue then the committee may after due investigation request the member to resign. If the member fails to resign within fourteen days from the request, the committee may upon giving at least seven days notice to the member call the member before the committee to show cause why they should not be expelled from the GGAFL. If the member fails to show such cause then they shall be expelled from the date of decision of the committee and their name erased from the register of members. Upon expulsion the member shall forfeit their subscription (if paid) and all rights of membership but shall still remain liable for any unpaid subscription.
19.2 The expelled member shall have the right to appeal to a General Meeting and the appeal is to be in writing and lodged at the registered office of the GGAFL within seven days of receipt of notice of expulsion together with a fee as declared by the committee. The appeal shall be dealt with at a General Meeting called for the purpose of discussing this expulsion and the expelled member shall appear and state his case. The appeal shall only be upheld by three quarters majority at the General Meeting.