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CONSTITUTION OF HUTT VALLEY MARATHON CLINIC AND JOGGING CLUB INCORPORATED

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BOOKMARKS:
Name
Registered Office
Affiliation
Objects
Colours
Membership
Termination Of Membership Or Expulsion
Subscriptions And Financial Year
Officers
Committee
Life Members
Annual General Meeting
Special General Meeting
Notice Required For General Meetings
Quorum
Management
Property And Effects
Chairman
Duties Of Club Officers
Liability Of Officers
Events Conducted By The Clinic
Pecuniary Profit
Winding Up
Alterations To The Constitution
General

NAME

The name of the club shall be the “Hutt Valley Marathon Clinic and Jogging Club Incorporated" (hereinafter in this constitution called "the Clinic")
REGISTERED OFFICE
The registered office of the Clinic shall be at the discretion of the President of the Clinic or such office as the Management Committee may from time to time determine.
AFFILIATION
The Clinic shall affiliate with the Athletics New Zealand Inc., through the Centre in which the Club has its headquarters. The Centre applicable to the Clinic is the Wellington Centre of Athletics New Zealand.
OBJECTS
The objects of the Clinic shall be:-
1. 4.1 To promote and encourage all aspects of running and walking activities.
2. 4.2 To advise, encourage and assist members in running and walking activities, including marathons and other events and competitions. Financial assistance shall be at the Clinic’s discretion.
3. 4.3 To promote, hold or manage such gatherings, conferences or other activities and events that the Clinic may deem desirable either by itself or in collaboration with any other related sports body.
4. 4.4 To hold such social activities or other activities to promote the Clinic or the sport of athletics in general.
5. 4.5 To ensure administrative and financial management that supports all levels of the Clinic activities.
COLOURS
The colours of the Clinic shall be blue and white.
1. 5.1 The design and fit of the uniform, but not the colours, shall be on the approval of the Clinic Committee.
2. 5.2 Amendments to the colours require notice and approval by the members at the Annual General Meeting upon recommendation by the Management Committee.
MEMBERSHIP
Any person shall be eligible, by agreeing to pay the annual subscription and to abide by the rules of the Clinic, to join as members of the Clinic and receive all privileges of membership.
TERMINATION OF MEMBERSHIP OR EXPULSION
Consistent with clause 8.4 hereof, any member whose annual subscription remains unpaid at the end of the financial year shall, unless an arrangement has been entered into with the club committee, be deemed to have resigned from the Clinic.
1. 7.1 Any member who refuses to comply with the provisions of the Clinic's constitution, or whose conduct, in the opinion of the committee, appears to endanger the character, good order, or welfare of the Clinic, or be such as may bring discredit, or if, for any other reason it is felt desirable that the member shall cease to be a member of the Clinic, then that member shall be advised in writing not less than fourteen (14) days prior to the date of a hearing. The member may be represented by one or more persons at the hearing. The committee, after hearing and considering the representations, may request the member to resign. If the member fails to resign or lodge an appeal as set out in Clause 7.2 within one calendar month after the request then the committee may expel the Member.
2. 7.2 Any member who has had his/her membership terminated as in Clause 7.1 shall have the right to appeal to a General Meeting of the Clinic provided notice of his/her intention to appeal is lodged with the Clinic Captain, President or Secretary within seven (7) days of such notice of termination.
3. 7.3 No resignation or expulsion shall relieve any member from the payment of any monies owing by the member as at the date of such resignation or expulsion, except at the discretion of the committee. The subscription of any member who shall resign or whose membership has been terminated shall be forfeited, except at the discretion of the committee.
4. 7.4 The Centre to which the Clinic is affiliated shall be notified, within fourteen (14) days, of all such terminations and expulsions carried out as in Clauses 7-7.3.
SUBSCRIPTIONS AND FINANCIAL YEAR
Members of the Clinic shall pay an annual subscription, the amount of which shall be determined at the Annual General Meeting. The Annual General Meeting may provide for different classes of members and subscriptions payable by each class.
1. 8.1 All such subscriptions shall be paid to the Treasurer who may issue receipts if so required.
2. 8.2 Any member whose subscription is overdue, shall be ineligible to represent the Clinic in any inter-club race, club event, or have a voice in any business of the Clinic, until his/her subscription is paid.
3. 8.3 The financial year of the Clinic shall be from the 1st November to 31st October the following year to which date the accounts shall be balanced.
4. 8.4 If any member shall fail to pay the annual subscription on or before the first day of March next after it has become due, notice may be sent calling their attention thereto. If remaining unpaid by the end of the financial year, the defaulter shall be deemed to have resigned as a member of the Clinic.
OFFICERS
The Officers of the Clinic shall be:-
1. President
2. Vice President(s) [optional]
3. Secretary
4. Treasurer
5. Clinic Captain
1. 9.1 The following are not Officers of the Clinic but may be appointed by the Management Committee if considered necessary:
  1. Delegates to the general meetings of the Centre, Track and Field, Cross Country, and Road Running groups
  2. Race Secretary
  3. Coaching Coordinator
  4. Selectors
2. 9.2 At the Annual General Meeting the President, Vice Presidents, Clinic Captain, Secretary, and Treasurer shall be elected and hold office until the ensuing Annual General Meeting.
3. 9.3 Nomination for the office of President, Vice President, Secretary, Treasurer and Clinic Captain shall be by written proposal and secondment tabled at the Annual General Meeting.
4. 9.4 At the Annual General Meeting, an independent Verifier of the Annual Accounts shall be elected and hold office until the ensuing Annual General Meeting.
5. 9.5 No member shall be eligible for election to any office or to vote in an election for any office unless his/her subscription has been paid prior to such elections.
6. 9.6 All elections shall be by ballot. In the event of an equal ballot, the chairman shall have a casting vote in addition to his/her deliberative vote.
COMMITTEE
1. 10.1 The Clinic Committee shall consist of the President, Clinic Captain, Secretary, Treasurer, and ordinary committee members who shall be elected at the Annual General Meeting. Nomination for the Other Officers of the Clinic does not require written notice.
2. 10.2 Vacancies arising in the committee shall be filled by resolution of the committee and persons so appointed shall hold office until the next Annual General Meeting when the position shall be filled by election. This clause shall not apply to the office of the President and Clinic Captain. Vacancies arising in this position may only be filled by election at a General Meeting.
3. 10.3 All decisions of the Clinic committee shall be decided by a simple majority vote.
LIFE MEMBERS
Any member or former member of the Clinic may, for special services rendered, be elected a Life Member of the Clinic, but only at the Annual General Meeting and by a 75% majority of the members of the Club present and voting. The name of any proposed Life Member must first be submitted to and approved by the committee. A life member shall be entitled to all the privileges of membership, including that of voting at all general meetings, but without liability to subscription.
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ANNUAL GENERAL MEETING
The Annual General Meeting shall be held within two months of the end of the Clinic’s Financial Year.
1. 12.1 The order of business shall include:- Reading and confirmation of the minutes of the previous Annual General Meeting and of all General meetings held since that meeting.
2. 12.2 To receive the Annual Report, the Annual Balance Sheet and Statement of Accounts for the preceding year.
3. 12.3 Election of Officers and Committee as nominated
4. 12.4 Election of an independent Verifier and Delegates as nominated
5. 12.5 Setting of the Annual Subscription.
6. 12.6 Consideration of any special business, notice of which has been given to the Secretary twenty-one (21) clear days before the date of the meeting.
7. 12.7 General Business.
SPECIAL GENERAL MEETING
A Special General Meeting of the Clinic may be called by the committee on its own motion, or by the committee upon receiving a written requisition signed by at least twenty (20) current financial members.
NOTICE REQUIRED FOR GENERAL MEETINGS
Notices of General Meetings shall be sent to all financial members and displayed on all Clinic noticeboards and website at least fourteen (14) days prior to the date of the meeting. All such notices shall include an agenda of all business to be conducted at the meeting concerned.
QUORUM
At all General Meetings twenty (20) financial members or 20% of financial members, whichever is the lesser, shall form a quorum. At Committee Meetings, 50% of the members plus one (1) shall form a quorum.
MANAGEMENT
The committee as constituted shall manage and control the working of the Clinic and shall exercise general supervision over its properties.
1. 16.1 The committee shall purchase materials required by the Clinic and pass accounts for payment, and shall have the accounts verified prior to the following Annual General Meeting.
2. 16.2 The President, or any three (3) other committee members, shall have power at all times to instruct the Secretary to call a meeting of the committee.
3. 16.3 Any member of the committee who shall be absent from three (3) duly convened consecutive meetings shall at the discretion of the committee cease to hold office, unless he/she furnish satisfactory reason for such absence; and any vacancy so caused shall be filled in line with the provisions of this Constitution.
4. 16.4 Any Clinic officer or committee member maybe removed from office by 75% of the votes recorded at a Special General Meeting of the Clinic called for such purpose.
PROPERTY AND EFFECTS
The Property and effects of the Clinic shall be vested in the Clinic and the funds of the Clinic shall be controlled by the committee and shall be utilised in accordance with the objects of the Clinic after paying such charges as may be incurred in its administration.
1. 17.1 The funds and property of the Clinic from whatever source derived shall be applied solely towards the promotion of the objects of the Clinic as previously stated.
2. 17.2 All monies shall be received by the Treasurer or his delegate and shall be banked in a Bank Account held in the Clinic's name and all monies owing shall be paid from that Bank Account.
3. 17.3 The committee shall appoint three (3) persons who shall be authorised to sign cheques. These should be the President, Treasurer and one other appointed by the Management Committee. All cheques and withdrawal receipts shall be signed by at least two (2) of these persons so authorised
CHAIRMAN
At all General Meetings of the Clinic the President, or in his/her absence any Vice-President, or in their absence a member appointed by the members present, shall take the chair.
1. 18.1 At all committee meetings the President shall preside, or in his/her absence a member appointed by the members present.
2. 18.2 The chairman at any meeting shall in the case of an equal ballot or vote have a casting vote in addition to his/her deliberative vote.
DUTIES OF CLUB OFFICERS
1. 19.0 President: The President shall be responsible for preparing the Annual Reports and these shall be presented to the committee for approval in time for the meeting. The President, together with the Clinic Captain shall at all times exercise such disciplinary powers as the committee considers essential for the efficiency and good conduct of the Club.
2. 19.1 Clinic Captain: The Clinic Captain shall be ex-officio a member of all and any sub-committees appointed for any purpose whatever, and shall at all times together with the President exercise such disciplinary powers as the committee considers essential for the efficiency and good conduct of the Clinic. The Clinic Captain may also fulfil the role of Coaching Coordinator if one has not been elected.
3. 19.2 Secretary: The Secretary shall convene all meetings and keep accurate minutes of the proceedings, read and file all inward correspondence, issue notices of meetings, conduct all outward correspondence, keep the register of members, and generally attend to all clerical duties in connection with the Clinic.
4. 19.3 Treasurer: The Treasurer shall collect and account for all subscriptions and donations etc., and shall dispose of them as directed by the committee, pay all accounts passed by the committee, keep proper books of account, and furnish a report of the financial year, together with the duly audited balance sheet and statement of all monies received and paid during the preceding financial year; also the statement of assets and liabilities for presentation at the Annual General Meeting; and generally in all financial matters carry out the directions of the committee. He/she shall not pay out any monies except by a minute of the committee.
5. 19.4 Coaching Coordinator: The Coaching Coordinator shall plan and ensure that all coaching activities in the Clinic are suitably integrated so that all members regardless of sex, age, ability, or discipline shall have available to them suitable programmes, expertise and advice as required. The Coaching Coordinator shall ensure all information on the coaching and related matters is readily available to all members.
6. 19.5 Race Secretary: The Race Secretary shall receive and conduct all correspondence with respect to race entries, shall enter and pay entry fees for all Clinic members wishing to enter races requiring entry through a club, and shall handle all matters dealing with the entries of the other clubs in inter-club races organised by the Clinic.
7. 19.6 Selectors: The duties of the selectors shall be to select all teams - in running order where necessary -, appoint Team Captains, and handicap as required.
LIABILITY OF OFFICERS
The President, Clinic Captain, Honorary Secretary, Honorary Treasurer, and other officers of the Clinic who may by the authority of the committee accept or incur any financial liability on behalf of the Clinic shall be held indemnified by the Clinic against any personal loss in respect of such liability.
EVENTS CONDUCTED BY THE CLINIC
All events conducted by the Clinic shall be conducted under Athletics NZ rules subject to such local conditions as may be decided by the Clinic committee. Such rules so made must not conflict with the rules of Athletics NZ unless approval has been obtained as required under Athletics NZ rules.
PECUNIARY PROFIT
No member or person associated with the Clinic or a Corporate Member shall derive any income, benefit or advantage from the Clinic where they can materially influence the payment of income, benefit or advantage, except where that income, benefit or advantage is derived from:
1. 22.1 Professional services to the Clinic rendered in the course of business charged at no greater rate than current market rates; or
2. 22.2 Interest on money lent at no greater rates than the current market rates.
WINDING UP
The Clinic may be wound up on a motion duly advertised as required, and duly carried by a 75% majority of members present and eligible to vote at a duly convened General Meeting of the Clinic.
1. 23.1 In the event of the Clinic being wound up, its property and assets shall be lodged with any organisation recognised as having the same objects and functions as the Clinic. Any property or assets not transferred within three (3) years of the winding up may be disposed of at the absolute discretion of the Centre to which the Clinic has been affiliated immediately prior to it being wound up.
ALTERATIONS TO THE CONSTITUTION
No alterations shall be made to this constitution except at a duly convened General Meeting of the Clinic. No alteration shall be deemed carried except by a 75% majority of the members present and voting.
1. 24.1 The Centre and Athletics New Zealand shall be notified of any alteration so made and such alterations shall not be effective until approved by both bodies.
GENERAL
Any matters which may from time to time arise in the general administration and general business of the Clinic and which are not specifically provided for by this constitution may be dealt with by the committee in such manner as it considers appropriate.