The following Rules (excluding the by-laws and regulations) are the Constitution of the above Club as submitted by the Executive Committee and adopted by the Club Members.
Penrith Baseball Club shall include the following members:
(a)
Office Bearers - those persons nominated to, and performing the duties of, any position specified in Section 11 of these rules.
(b)
Team Members - any person holding an official role within any team entered into any competition by Penrith Baseball Club, and include:
i.
Coaches / Managers - any person officially recognised as responsible for the conduct of any specific team entered into any competition by, and representing, Penrith Baseball Club.
ii.
Players - any person entered into any competition as a member of Penrith Baseball Club.
iii.
Scorers - any person officially recognised by Penrith Baseball Club as responsible for the recording of details and results relating to their designated team. These details should include, but are not limited to play-by-play game details, scores and player statistics.
iv.
Team Umpires - those persons officially recognised by Penrith Baseball Club as offering their services to officiate games where required by their designated team.
v.
Any other position not specifically mentioned, but who is required and officially recognised by Penrith Baseball Club as belonging to any team entered into any competition as representatives the Club.
(c)
Life Members - any person whose contributions have been officially recognised by the Penrith Baseball Club as deserving of perpetual membership, granted in accordance with Section 9 of these rules.
(d)
Affiliated supporters - any person not holding an official capacity with Penrith Baseball Club, as outlined above, but who has expressed a desire to participate with the Club in any other manner and is granted membership by the Executive Committee.
(e)
Parent(s) / Guardian(s) of Minors shall be granted the powers of membership in place of any member under the age of eighteen (18).
i.
The term "Minor(s)" is used to reflect its legal definition and is not to be confused with the term "Junior", which may be used with distinction for the setting of fees or other dues under Section 6 of these rules.
ii.
Any person under the age of eighteen (18) and entered into a Senior Competition for a Penrith Baseball Club Team may apply to the Executive Committee for an exemption from this representation.
Section 5: APPLICATION FOR MEMBERSHIP OR AFFILIATION
5.01
Any person applying for admission and/or affiliation to become a Club Member, as defined in Section 4.01 of these rules, shall present their application to the Executive Committee for approval.
(a)
Any person under the age of eighteen must also provide written consent of their activities from their parent(s) / guardian(s).
5.02
Any membership application(s) that is declined by the Executive Committee shall be advised via written communication from the Secretary.
5.03
A Register of Members shall be maintained by the Secretary recording all members' details, including but not exclusively their full name, current address, postal address, contact telephone number(s), playing history, any other modes of contact and their type of membership.
5.04
Unless otherwise provided in these rules or the by-laws and regulations of Penrith Baseball Club, a right privilege or obligation which an individual has by reason of being a Member of the Club cannot be transferred or transmitted to another individual, and terminates upon cessation of membership.
5.05
No person shall be granted membership whilst holding membership with another club within any Association that Penrith Baseball Club is affiliated with.
(a)
If any person believes they possess and can show good cause to hold such dual membership, an application may be made to the Executive Committee for consideration.
(b)
Any member choosing to participate with another club holding affiliation in any association at the same time as Penrith Baseball Club, without consent from the Executive Committee shall relinquish their membership with the Club.
5.06
Where any applicant has been a member of another baseball club within Australia, a written notice must be obtained from that previous club's executive committee and clearing the applicant from any financial commitments. This notice shall be presented to the Executive Committee of Penrith Baseball Club and attached to their application before they shall be permitted to represent the Club in any manner.
5.07
All Team Members, outlined in Section 4.01(b) of these rules, must complete registration forms at the beginning of every season in which they wish to participate.
5.08
Coaches, Scorers, Team Umpires and any other recognised Team Member as outlined in Section 4.01(b) of these rules may nominate themselves for such positions, which shall be appointed by the Executive Committee.
(a)
Coaches, Scorers, Team Umpires and any other person holding official positions with a team must hold all necessary accreditation and training required by the relevant associations entered into by Penrith Baseball Club before being appointed to such positions.
5.09
The Office Bearers, with the exception of Coaches and Recognised Assistants, shall be elected at the Annual General Meeting as per Section 10 and 19 of these rules.
(a)
Any Office not filled at the Annual General Meeting shall be filled at the Executive Committee's discretion.
Section 6: FINANCIAL REQUIREMENTS OF MEMBERS
6.01
The registration or membership fee of each affiliated player or supporter, including the due dates for payment and instalment fee required upon lodgement of the membership application form shall be established for each year or season by the Executive Committee.
6.02
Registration or membership fees shall not be refunded unless under extenuating circumstance.
6.03
All Office Bearers as defined in Section 4.01(a) shall deemed to hold such position for the following year upon their appointment, as outlined in Section 10 of these rules, provided they execute the duties in accordance with Section 11 of these rules.
6.04
The Secretary shall maintain a record of all financial Members.
6.05
Any Member failing to pay the registration or membership fee within the prescribed period shall forfeit their right to play or vote and may be debarred from taking part in any competitions, meetings, or any other Club activities until such fees have been paid.
6.06
Failure to pay Club dues of all kinds may be considered as reasonable for posting a player or member as a defaulter. This includes, but not exclusively, levies, fines, fees provided for in Club Rules, equipment, uniforms, batting fees, insurance fees, and tickets for Club functions issued by the Club through the Executive Committee.
(a)
Such member or members shall be deemed to continue in default until such time as he/she pays the amount due to the Treasurer of the Penrith Baseball Club whom shall issue a receipt thereof.
(b)
Any member placed into, or notified of the Club's intention to place into, default shall have the right to obtain a clearance from the Committee upon an agreed pro-rata payment basis of the monies owed by such player or member.
Section 7: DURATION OF MEMBERSHIP OR AFFILIATION
7.01
All memberships with Penrith Baseball Club shall have the following natural durations:
(a)
All Office Bearers shall hold such membership from the day of their appointment until that position is declared vacant at the opening of the next Annual General Meeting.
(b)
Any Team Member, as outlined in Section 4.01(b) of these rules, shall be considered to be a member of the Club for twelve months from the time of their registration, unless rescinded through activities outlined in Section 7.02 of these rules.
(c)
All life memberships shall have no limit of duration.
(d)
Any parent(s) or guardian(s) granted powers of membership of a minor shall hold such membership until any of the following applies:
i.
The natural duration expires as outlined in Section 7.01(b) of these rules;
ii.
The minor's (whose membership powers has been assumed) eighteenth (18th) birthday;
iii.
The minor is granted autonomous membership in accordance with Section 4.01(e)ii. of these rules.
7.02
Notwithstanding an approved application made to the Executive Committee, Membership of the Club shall cease outside of the natural duration, as outlined in Section 7.01 of these rules, upon death, expulsion, resignation of a member or under unapproved dual membership, as outlined in Section 5.05 of these rules.
(a)
A member is not entitled to resign his / her membership unless all monies owed and / or obligations outstanding to Penrith Baseball Club as part of that membership have been resolved with the Executive Committee, and written notice have been forwarded to the Secretary.
(b)
Expulsion must occur within the guidelines of Section 8 of these rules.
7.03
Notwithstanding an approved application made to the Executive Committee, membership as an Office Bearer shall cease outside of the natural duration upon death, resignation (in accordance with Section 7.02(a) of these rules) becomes mentally incapacitated, is removed from office (in accordance with Section 8 of these rules) becomes bankrupt or is absent without notice from three consecutive General Meetings.
7.04
Any official absenting himself/herself from three consecutive meetings, without reasonable cause or, by tendering his/her resignation in writing, shall be deemed to have vacated his/her position and a new official shall be elected at the next General Meeting at the Executive Committee's discretion.
7.05
If at any meeting a motion of which due notice has been given in compliance with Section 15.10 of these rules to the effect that a member has rendered him/herself unworthy to belong to the Club, and is passed by a special resolution, such member or members shall cease to belong to the Club.
Section 8: SUSPENSIONS AND DISQUALIFICATIONS
8.01
The jurisdiction of Penrith Baseball Club to consider matters with regard to alleged misconduct of its members shall extend to any time or place whereby a member is identifiable as a member of the Club and acts in a manner contrary to the principles of Penrith Baseball Club's Objectives, as outlined in Section 3 of these rules.
8.02
In the event of any member violating the Constitution of the Club or neglecting to comply with the direction of the Club, such member shall be liable to penalties as directed by the Executive or Judiciary Committee deciding on the matter.
(a)
Penalties for misconduct include, but not exclusively, monetary fines, suspension from participating in Club activities or teams, and expulsion from the Club.
8.03
Any person hearing a matter must be held to be an independent member of the Club.
(a)
In such cases where a member hearing in an issue is not an independent member, the Executive Committee may, at its discretion, appoint a temporary member to the appropriate committee for the purpose of resolving the matter.
8.04
Any member who has sanctions imposed upon them, as provided in Section 8.02 of these rules, shall have the right to appeal any decision to the Executive Committee for a final decision.
(a)
Any re-hearing of matters shall be given due notice from the Executive Committee and outline guidelines for the interim period.
(b)
The failure of the player to appear at the appointed time shall not affect the right of the Committee to decide the appeal.
8.05
Any member whilst under suspension shall forfeit his/her rights and privileges held under the Club Rules, he/she shall cease to serve on the Executive Committee or any other committees, and shall be debarred from competing in any match held under the auspices of the Club.
8.06
Any member under suspension or disqualification shall be debarred from playing in any match under the control of the Club and no member of the Club affiliated therewith shall play in any match whatever, in which such disqualified or suspended person plays.
8.07
No Club member shall participate in any match for whom sanction has been refused by the Executive Committee or play with or against any club or player suspended by the Association.
8.08
The Secretary of the Club shall immediately notify the Association Secretaries of all suspensions and disqualifications imposed by the Club or the Executive Committee.
Section 9: LIFE MEMBERSHIP
9.01
Any person to be considered for Life Membership must have a nomination forwarded to the Executive Committee for consideration and signed by no less than five (5) financial and independent members of the Club.
(a)
The Executive Committee shall evaluate all nominations for Life Membership and based upon that person's contributions may refer the nomination to the Annual General Meeting for voting.
(b)
The Executive Committee shall advise the nominating party of their decision whether or not to refer the nomination to the Annual General Meeting.
9.02
A Member being nominated for Life Membership shall not be nominated until ten years of continuous service (exempting special circumstances) have been completed, and the nominee must have made significant contributions to the development of Penrith Baseball Club, including time spent in an official capacity.
9.03
Election to Life Membership shall be decided upon by support by 90% of the members present at the Annual General Meeting.
