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.
A question arising at a meeting of Penrith Baseball Club is to be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minutes of the Club, is evidence of the fact without proof of the number or proportion of the votes recorded in favour or against the resolution.
15.02
At a General Meeting of the Club a poll may be demanded by the chairperson or by at least three (3) members present at the meeting.
15.03
If a poll is demanded at a General Meeting, the poll must be taken:
(a)
Immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment, or;
(b)
In any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter is taken to be the resolution of the meeting on that manner.
15.04
All Members of Penrith Baseball Club shall be entitled to one vote in any decision put before a meeting, provided all fees due as part of their membership have been paid.
(c) Any matter demanding a poll of members shall entitle one (1) vote per every member.
i. Any parent(s) / guardian(s) granted membership powers on behalf of minor(s) may note one (1) response for every minor.
(d) No proxy votes shall be accepted, except in the case of a poll.
(a)
Any minor whose voting powers are to be represented by a parent / guardian may only be represented by one parent or guardian.
(b)
Any matter to be determined on a show of hands shall permit only one vote per member / representative present.
i.
On a show of hands, any parent(s) / guardian(s) granted membership powers on behalf of a minor shall only be allowed one (1) vote per minor.
Where membership powers have been granted on behalf of more than one (1) minor, a maximum of two (2) votes per family shall be permitted, provided two (2) parents / guardians are present.
15.05
The Chairperson of any committee shall have a casting vote only where a poll or vote is requested.
15.06
The manner of deciding a resolution shall be the 'first past the post' system requiring more than fifty percent (50%) of those members present at the meeting and entitled to vote.
In cases where a Special Resolution is required, it must be passed by a majority, which comprises of at least three-quarters of members present at the meeting and eligible to vote.
(a)
In the case of a proposal requiring a Special Resolution, at least fourteen (14) day's written notice shall be given to all members entitled to vote on the matter outlining the proposed resolution.
15.08
In the case of a poll, the determination of the majority with regard to the resolution shall only count replies returned by the specified time and date.
(a)
The minimal number of replies required in order to declare the result as formal shall be no less than the quorum required for an Annual General Meeting.
15.09
All affiliated members shall have only one vote per election as outlined in Section 15.04 of these rules. Ballot papers recording votes for a greater or lesser number of candidates than is required to fill any vacant offices shall be declared informal and of no effect.
15.10
Club members wishing to bring forward formal motions, shall forward to the Secretary notice in writing of the same, fourteen (14) days in advance of the meeting at which the issue is to be addressed. The notice of such meetings of the Club, stating business to be discussed or voted upon, shall be sent by the Secretary to each Club member at least seven (7) days before the meeting.
Section 16: QUORUMS
16.01
Quorums for the commencement of all meetings shall be as follows, but shall not proceed with less than three (3) members being present:
(a)
Annual General Meetings = 15
(b)
General Meetings = 5
(c)
Special Meetings = 5
(d)
Executive Meetings = 3
(e)
Judiciary Meetings = 3
16.02
For all meetings except those of the Judiciary and Special Committees, a minimum of two (2) members of the Executive Committee must also be present.
16.03
In the event of a quorum not being met at any meeting, the members then present may adjourn for another date, within fourteen (14) days, to transact the business for which the meeting was originally called, provided there be three (3) or more members present.
16.04
If at the adjourned meeting, a quorum is not present within thirty (30) minutes of the appointed for the time of that meeting, the meeting shall be dissolved.
Section 17: MOTIONS FOR RESOLUTION
17.01
No motion affecting these Rules or Objects of the Club shall be discussed or voted upon under any circumstances unless due notice has been given outlined by Section 27 of these rules.
17.02
No motion shall be discussed until seconded, and once seconded shall not be withdrawn without leave of both the mover and the seconder of said motion.
17.03
No notice of motion which shall have been entered on the business paper shall proceed in the absence of the member by whom such notice shall have been given, unless by some other person producing written authority for that purpose from such first named member.
17.04
When a motion shall have been moved and seconded any member shall be at liberty to move an amendment thereon which shall not be discussed until it is seconded.
17.05
No motion for adjournment can be proposed or seconded by those who have spoken on the motion that is before the meeting, or who may have moved or seconded an amendment thereto. Nor can a motion for adjournment be moved or seconded whilst an amendment is under consideration, by those who have spoken on that amendment.
17.06
No motion to rescind any decision shall be entertained except at a meeting of the Club especially called for that purpose. A meeting convened to consider a specific proposal cannot amend the motion. It may be affirmed or negated.
17.07
No second amendment shall be taken into consideration until previous amendment shall have been disposed of.
17.08
If an amendment be is carried, the question as thereby amended shall become the question before the meeting, thereupon any amendment upon it may be moved.
17.09
If any amendment, either upon the original motion of upon any amended motion, shall be negated, then a further amendment if not to the same effect as that already negated may be moved to the motion to which such named amendment was moved, and so on. Provided that no more than one question and one proposed amendment thereof shall be before the meeting at one time.
Section 18: MEETING PROCEDURES
18.01
The President of Penrith Baseball Club shall be the chairperson at all General Meetings, in his / her absence the alternative member nominated by the Executive Committee, outlined in Section 12.03 of these rules, shall adopt such a role.
18.02
The Chairperson shall have authority on every question or order, and in cases of doubt and difficulty, the usual mode of Parliamentary Procedure shall be followed.
18.03
The Chairperson shall put all questions first in the affirmative and then the negative and may do as often as may be necessary to enable him/her to determine the sense of the meeting thereon and thereupon he/she shall declare his/her decision which shall be final, unless a division or ballot is called for.
18.04
Subject to the right of the Club to exclude all but Club members, any person may attend the meetings, but none other than Club members shall be allowed to speak or vote, without leave of the meeting.
18.05
An attendance book shall be displayed and signed by members at all meetings of the Club to which they are entitled to attend.
18.06
In the event of a General Meeting lapsing, the business thereof shall take precedence at the next meeting.
18.07
No business shall be dealt with at an adjourned meeting other than the business originally under discussion.
18.08
The Chairperson shall preserve order and may at any time call to order any member whom he/she may deem to be out of order, and when, two or more members rise to speak at the same time, he/she shall decide which member shall be first heard.
18.09
Every point of order shall be taken into consideration immediately upon its arising and decided by the Chairperson.
18.10
No member shall make any offensive personal reflections upon or impute improper motives to any member of office, any member so offending shall immediately, on being required by the Chairperson, withdraw such offensive expression and retract such imputations of motives, and make an apology satisfactory to the meeting. Any member refusing to apologise and to withdraw such offensive expressions or imputations shall not be allowed to further address the Chair at that or any other meeting of the Club until they shall have complied with such request, nor shall their vote be recorded upon any question.
18.11
Any member may call the attention of the Chairperson to any other member being out of order or to any point of order.
Section 19: ANNUAL GENERAL MEETING
19.01
The annual General Meeting of Penrith Baseball Club shall be held within 21 days of the End of Financial Year.
19.02
Notice of such meeting, stating the purpose for which it is convened shall be forwarded all members of the Club at least fourteen (14) days prior to holding the meeting.
19.03
The Club Patron shall be the Returning Officer.
(a)
In the absence of the Club Patron, due to any reason, a Returning Officer will be elected from the members present, who do not intend to stand for a position.
(b)
The Powers and duties of the Returning Officer shall be:
i.
To conduct all elections and ballots of the Club.
ii.
To confirm, using the records maintained by the Treasurer, the eligibility of all members to stand, and/or vote at an election or ballot.
iii.
To generally advise members of the Club, on the conduct of election and ballots.
19.04
Agenda
(a)
To receive and adopt the Minutes of the previous Annual General Meeting and to receive the Annual Report and Treasurer's Statement.
(b)
To declare all positions of the Club as vacant.
(c)
To elect Office Bearers, as outlined in Part III of these rules, and in accordance with Section 5.09 of these rules, who shall consist of:
i.
President, Treasurer, Secretary, Summer Registrar, Winter Registrar, Development Officer, Promotional Officer, Gear Manager, Canteen Manager, Head Grounds Person, and Delegates.
(d)
To elect one auditor who shall not be an Office Bearer of the Club.
(e)
To elect a Judiciary Committee of five.
(f)
To conduct any other urgent business pertaining to the Club.
Section 20: GENERAL MEETINGS
20.01
All general Meetings shall be convened at a time and place and with regular intervals as determined by the Executive Committee, and shall occur no less than ten (10) times in a financial year, not including the Annual General Meeting.
20.02
Notice of such meeting, stating any additional business to be considered shall be forwarded all members of the Club at least seven (7) days prior to holding the meeting.
20.03
At all meetings of the Club the order of business shall be:
(a)
Introduction.
(b)
Apologies.
(c)
Reading and confirmation of the Minutes.
(d)
Business arising from the Minutes.
(e)
Correspondence.
(f)
Financial Statements.
(g)
Reports of Office Bearers.
(h)
Reports of sub-committees.
(i)
Further business arising from the reports.
(j)
General Business.
20.04
All General Meetings shall have a two (2) hour time limit, providing for one extension of time no longer than thirty (30) minutes.
20.05
Any General Meeting that would be scheduled at a time where there is no activity, nor business raised relating to Penrith Baseball Club, may be dissolved by the Executive Committee, provided twenty-one (21) days notice of such intention is given by the Secretary to all members.
(a)
Should a member raise an issue fourteen (14) days before the General Meeting was to be scheduled, and it cannot be resolved by the Executive Committee under these rules, then the meeting shall be held as outlined in these rules.
(b)
If no issue or new business relating to Penrith Baseball Club is raised, formal notice of the Executive Committee's decision shall be given no more than thirteen (13) and no less than seven (7) days before the General Meeting was to be Scheduled.
Section 21: SPECIAL MEETINGS
21.01
Special meeting of the Club will be convened as soon as possible by:
(a)
A resolution of the Executive Committee.
(b)
A requisition signed by no less than five (5) financial and independent members, which shall:
i.
State the purpose or purposes of the meeting.
ii.
Be signed by the members making the requisitions.
iii.
Be lodged with the Secretary.
iv.
May consist of several documents in a similar form, signed by one or more of the members making the requisition.
(c)
Such meetings shall be called on dates that will allow at least seven (7) days notice to be given in writing to all members. The business for which the meeting is called shall be stated in the notice.
