28 June 2010: WHALEY BRIDGE FOOTBALL CLUB CONSTITUTION AND RULES

1. NAME:

The club shall be known as: Whaley Bridge Athletic Football Club, hereinafter known as: ‘The Club'; an amalgamation of Whaley Bridge Athletic Football Club and Whaley Bridge Junior Football Club on the 28^th June 2010

2. OBJECTS:

The objects of the Club are to promote the game of Associated Football to the Whaley Bridge Community and to provide wider social activities for its members and the associated community.

The Club will endeavor to ensure that the team squads will be drawn from a local catchment area to be determined by the ‘Club’ Committee subsequent to its formal initiation; it may differ in respect of the Senior and Junior squads.

3. Status of Rules

These rules (the “Club Rules”) form a binding agreement between each member of the Club

4. Rules and Regulations

The members of the Club shall so exercise their rights, powers and duties and shall, where appropriate use their best Endeavour’s to ensure that others conduct themselves so that the business and affairs of the Club are carried out in accordance with the Rules and Regulations of The Football Association Limited (“The FA”), County Football Association to which the Club is affiliated (“Parent County Association”) and Competitions in which the Club participates, for the time being in force.  The Club will also abide by The FA’s Child Protection Policies and Procedures, Codes of Conduct and the Equal Opportunities and Anti-Discrimination Policy as shall be in place from time to time.

5. Club Membership

(a)   The members of the Club from time to time shall be those persons listed in the register of members (the “Membership Register”) which shall be maintained by the Senior and Junior Club Secretary.

(b)   Any person who wishes to be a member must apply on the Membership Application Form and deliver it to the Club; registered players are members.  Election to membership shall be at the discretion of the Club Committee and granted in accordance with the anti-discrimination and equality policies which are in place from time to time.  An appeal against refusal may be made to the Club Committee in accordance with the Complaints Procedure in force from time to time. Membership shall become effective upon an applicant’s name being entered in the Membership Register.

(c)   In the event of a member’s resignation or expulsion, his or her name shall be removed from the Membership Register.

6. Annual Membership Fee &/or Weekly Match Day Subs

(a)   Global fees payable by each member shall be determined from time to time by the Club Committee and set at a level that will not pose a significant obstacle to community participation.

(b)   The fees pertaining to Senior & Juniors players may differ in that it may be spread over the season as part of the weekly match day subs; paid as a single ‘one-off’ payment or a combination of both.  It is incumbent on the managers to ensure proper weekly records are kept and passed to the treasurer as and when required.

(c)   The Club Committee shall have the authority to levy further subscriptions from the members as are reasonably necessary to fulfiil the objects of the Club.

(d)   Each team Manager may use his/her discretion where it is thought that the level of the fee cannot be paid due to the financial hardship of the players circumstances and charge the player a lesser fee with the agreement of the Club Committee.

(e)   The Annual Membership fee, if applicable, will be payable by 31^st October at the latest

7. Resignation and Expulsion

(a)   A member shall cease to be a member of the Club if, and from the date on which, he/she gives notice to the Club Committee of his/her resignation.  A member whose annual membership fee, if applicable, or further subscription is not paid by 31^st December shall be deemed to have resigned.

(b)   The Club Committee shall have the power to expel a member when, in its opinion, it would not be in the interests of the Club for them to remain a member.   An appeal against such a decision may be made to the Club Committee in accordance with the Complaints Procedure in force from time to time.

(c)   A member who resigns or is expelled shall not be entitled to claim any, or a share of any, of the income and assets of the Club (the “Club Property).

(d)   A Senior Member who resigns or is expelled shall not be de-registered until such time that all outstanding monies, subs/fines Etc. are paid to the Club.

8. Club Committee

(a)   The Committee comprises the following:

• The Senior Executive: Chair, Senior Vice Chair, Junior Vice Chair,
• Officers; Treasurer, Ass Treasurer, Senior Fixtures Secretary; Junior Fixtures Secretary; General/Minutes Secretary
• Committee specific designated roles & responsibilities; the number is dynamic to reflect the requirements at any given time

(b)   Each Club Officer and Club Committee Member shall hold office from the date of appointment until the next Annual General Meeting (“AGM”) unless otherwise resolved at an Extraordinary General Meeting (“EGM”).  One person may hold no more than two positions of Club Officer at any time and only then if there are no alternative nominations for the 2^nd position.

(c)   The Club Committee shall be responsible for the management of all the affairs of the Club and Decisions shall be made by a simple majority of those attending the Club Committee meeting.  The Chairperson of the Club Committee meeting shall have a casting vote in the event of a tie.

(d)   Meetings of the Club Committee shall be chaired by the Chairperson or in their absence a Vice Chair or delegated Member.

(e)   The quorum for the transaction of business of the Club Committee shall be five.

(f)     Decisions of the Club Committee of meetings shall be entered into the Minute Book of the Club to be maintained by the Club General/Minute Secretary.

(g)   Any member of the Club Committee may call a meeting of the Club Committee by giving not less than seven days’ notice to all members of the Club Committee.  The Club Committee shall hold not less than four meetings a year.

(h)   An outgoing member of the Club Committee may be re-elected.  Any vacancy on the Club Committee which arises between Annual General Meetings shall be filled by an ordinary member proposed by one and seconded by another of the remaining Club Committee members and approved by a simple majority of the remaining Club Committee members.

(i)      Save as provided for in the Rules and Regulations of The FA, the Parent County Association and any applicable Competition, the Club Committee shall have the power to decide all questions and disputes arising in respect of any issue concerning the Club Rules.

(j)      The position of a Club Officer shall be vacated if such person is subject to a decision of The FA that such person be suspended from holding office or from taking part in any football activity relating to the administration or management of a football club.

(k)    Each Club Officer, if applicable, will have a satisfactory Criminal Records Bureau check organised by the Child Welfare Officer, prior to taking Office.

9. Annual and Extraordinary General

Meetings

(a)   An AGM shall be held in each year at or around 2 weeks subsequent to the last game of the season:

(i)   receive a report of the activities of the Club over the previous year;

(ii)  receive a report of the Club’s finances over the previous year;

(iii) elect the members of the Club Committee;

(iv) elect the Team Managers and

(v)  consider any other business

(vi) See Appendix A for full order of business

(b)   Nominations for election of members as Club Officers or as members of the Club Committee shall be made in writing by the proposer and seconder, both of whom must be existing members of the Club, to the Club Secretary not less than 21 days before the AGM.  Notice of any resolution to be proposed at the AGM shall be given in writing to the Club General Secretary not less than 21 days

(c)   An EGM may be called at any time by the Club Committee and shall be called within 21 days of the receipt by the Club Secretary of a requisition in writing, signed by not less than five members stating the purposes for which the Meeting is required and the resolutions proposed. Business at an EGM may be any business that may be transacted at an AGM.

(d)   The quorum for a General Meeting shall be 5.

(e)   The Chairperson, or in their absence a member selected by the Club Committee, shall take the chair.  Each member present shall have one vote and resolutions shall be passed by a simple majority. In the event of an equality of votes the Chairperson of the Meeting shall have a casting vote.

(f)     The Club Secretary, or in their absence a member of the Club Committee, shall enter Minutes of General Meetings into the Minute Book of the Club.

10. Club Teams

The Club Committee shall appoint a Manager to be responsible for managing the affairs of the each of the Club’s football teams.  The appointed members shall present to the Club Committee prior to an AGM a written report of the activities of the team and the Senior Team Management will speak to that report at the AGM.

11. Appointed Managers Committee

(a)   The Managers Committee will meet each 4^th Monday of the month from July to April

(b)   The Managers Committee will comprise each team manager; they will attend monthly meetings or send a representative.

(c)   The Senior Team Managers will attend upon request or as required.

(d)   Each Junior team manager will be appointed only after a satisfactory CRB checks.

(e)   The meeting will  report on the matters arising from the League Meetings and any other relevant team topic

12. Club Finances

The Senior and Junior finances will continue to operate independently, see item 6, from the date of amalgamation albeit there will be a single bank account and a nominated ‘Club’ treasurer to provide a single balance sheet at the AGM showing a detailed breakdown.  The Senior Executive will decide which specific aspects of the Senior and Junior Club income should be ring fenced for future ‘Club’ benefit.

(a)   A bank account shall be opened and maintained in the name of the Club (the “Club Account”).  5 Designated account signatories shall be selected from the Senior Executive or Officers.  No sum shall be drawn from the Club Account except by cheque signed by two of the designated signatories and receipts for all goods and services must be passed to the Club Treasurer.  All monies payable to the Club shall be received by the Treasurer and deposited in the Club Account.

(b)   The Club Property shall be applied only in furtherance of the objects of the Club.  The distribution of profits or proceeds arising from the sale of Club Property to members is prohibited.

(c)   The Club Committee shall have the power to authorise the payment of remuneration and expenses to any member of the Club (although a Club shall not remunerate a member for playing) and to any other person or persons for services rendered to the Club.

(d)   The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, medical treatment, away match expenses, post-match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.

(e)   The Club will provide, as a minimum, public liability insurance cover to comply with DFA rules.   WBAFC strongly recommends that players get individual cover should their circumstances warrant it.

(f)     The Club may also in connection with the sports purposes of the Club:

(i)   sell and supply food, drink and related sports clothing and equipment;

(ii) employ members (although not for playing) and remunerate them for providing goods and services, on fair terms set by the Club Committee without the person concerned being present;

(iii)   pay for reasonable hospitality for visiting teams and guests; and

(iv)   indemnify the Club Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).

(g)  The Club shall keep accounting records for recording the fact and nature of all payments and receipts so as to disclose, with reasonable accuracy, at any time, the financial position, including the assets and liabilities of the Club.  Monies paid in or taken out of the account should, for transparency, be entered into the ‘Income & Expenditure’ list as held in the Members secure area on the Club Web Site.  The Club must retain its accounting records for a minimum of six years.

(h)   The Club shall prepare an annual “Financial Statement”, in such format as shall be available from The FA from time to time. The Financial Statement shall be verified by an independent, appropriately qualified accountant and shall be approved by members at general meeting. A copy of any Financial Statement shall, on demand, be forwarded to The FA.

(i)   The Club Property, other than the Club Account, shall be vested in not less than two and no more than four custodians, one of whom shall be the Treasurer (“the Custodians”),who shall deal with the Club Property as directed by decisions of the Club Committee and entry in the Minute Book shall be conclusive evidence of such a decision.

(j)   The Custodians shall be appointed by the Club in a General Meeting and shall hold office until death or resignation unless removed by a resolution passed at a General Meeting.

(k)   On their removal or resignation a Custodian shall execute a Conveyance in such form as is published by The FA from time to time to a newly elected Custodian or the existing Custodians as directed by the Club Committee.  The Club shall, on request, make a copy of any Conveyance available to The FA.  On the death of a Custodian, any Club Property vested in them shall vest automatically in the surviving Custodians.  If there is only one surviving Custodian, an EGM shall be convened as soon as possible to appoint another.

(l)   The Custodians shall be entitled to an indemnity out of the Club Property for all expenses and other liabilities reasonably incurred by them in carrying out their duties.

13. Dissolution

(a)   A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three-quarters of the members present.

(b)   The dissolution shall take effect from the date of the resolution and the members of the Club Committee shall be responsible for the winding up of the assets and liabilities of the Club.

(c)   Any surplus assets remaining after the discharge of the debts and liabilities of the Club shall be held on account, for a period agreed by the Custodians, or until such time that the Club reforms.  In the case of the Club not reforming within the agreed time then the remaining assets may be passed on to another Club, a Competition, the Parent County Association or The FA for use by them for related community sports as determined by the Custodians.

Appendix A

Order Of Business (AGM)

1. Chairman's Introduction
2. Matters Arising from previous minutes
3. Treasurer's Report
4. Secretary's Report
5. Gen Secretary's Report
6. Head Coach's Report (Inc input from Res & Juniors)
7. Election of Executive and Committee for next term
8. Match day subs, fees etc.
9. Election of Managers
10. Any other Busuness
11. Minutes logged & published subsequent to AGM

Appendix B

1.0   Senior Match Day Subs & Outstanding

1.1   To be fixed at the previous AGM

1.2   A ‘subs’ spread sheet will be maintained by the Treasurer and will be available upon request.

1.3   A nominated member will collect subs throughout and keep a written record for the Treasurer.

1.4   All players starting or playing at least half a game will pay full match subs as set at the AGM.

1.5   Substitutes playing less than half a game will pay a reduced amount as set at the AGM.

1.6   Players can recoup petrol money by dividing the cost, calculated at 10p/mile, between the no. of occupants.

1.7   Players 2 weeks or more in arrears will be contacted by the Player Liaison and given the following options:-

• To pay the outstanding in full at the next game
• To divide the outstanding over a period to be agreed with the Player Liaison
• Players suffering genuine financial hardship should inform the Player Liaison.

1.8   Should the player refuse to comply then the Secretary will issue a standard letter to the player concerned.

1.9   Players in substantial arrears who continue to flout payment will, subject to Committee approval, be notified that unless the situation is improved upon then their registration with DFA will be cancelled

1.10  Players once de-registered will be unable to re-register anywhere until the outstanding fines are paid.

1.11  Players wishing to re-register with WBAFC must also pay the DFA registration fee.

2.0 Fines & Outstanding

2.1   Fines must be paid on or before the date stipulated on the DFA form.

2.2   Players in arrears will be contacted by the Secretary who will follow the procedure as detailed in paragraph 1.9 through 1.13 above.

Appendix C

Roles & Responsibilities

1. The Head Coach determines the management structure and personnel responsible for both the 1^st and Reserve Teams with Committee sanction.
2. Dual management is preferable but not a prerequisite; selection of an Assistant Manager is at the discretion of the Team Manager with Committee rubber stamping.
3. The Assistant Manager's role and responsibilities are as required and agreed with the respective Team Manager.
4. The Head Coach to advise when the senior squad commence pre-season training.
5. Management Team to jointly arrange and attend pre-season friendly games.
6. Managers to attend regular weekly evening training and selection meetings.
7. Managers to select teams in accordance with Club selection policy (see below) as confirmed in pre-season 'football' based meeting; and to ensure that all existing players and potential players are aware of that policy. Any Club Official/Player is entitled to refer any perceived non-conformance with that, and any other, policy to the committee for arbitration.
8. Club selection policy, not team selection, is determined by the Committee in full consultation with the Head Coach & his team and any variance must go through the full Committee.
9. Ultimate responsibility of team selection and all team matters lies with the Team Manager with due regard to item 8 and Appendix A in the Constitution (Payment of Fines)
10. Breakdown in communication between the 2 Management Teams or a perceived non conformance to Club policy by either Management Team will instigate a Committee meeting to resolve matters.
11. Managers must encourage and ultimately expect all players to seek information re training, meeting times etc via the Club’s Website.

Selection Policy

1. Players must at all times adopt a positive attitude to the Club’s expectations regarding pre-season training/friendly games and to training in general; failure to make the appropriate effort may exclude them from selection.
2. The 1st Team to operate with a view to encouraging, as far as is practical, local youth development within the club without unduly impacting on team performance.
3. The Reserve Team to operate with a view to introducing, encouraging and preparing potential youth players for senior football whilst retaining a good balance of senior players to make the team viable, reliable and competitive so that it can feed the 1^st Team as and when required.
4. The ‘The Head Coach’ can set tactical policy, rotate players between teams; request that youth player(s) be drafted into the res team squad and that potential senior signings be included for trials. However it is important that due regard is given to the morale and expectations of the Reserve team (see also para 3)
5. The Head Coach must be in constant contact with his management team regarding team/player issues with information regarding players flowing both ways. Interaction between the 2 teams should ideally be seamless so that players do NOT infer that WBFC is a '2 team' Club and that they are pigeonholed into either team
6. All senior squad players, without exception, will be treated in exactly the same manner in all regards and in accordance with strict Club Policy.
   
7. No player can refuse to play for either team if selected, however, players should not be asked to start as a substitute for more than 2 consecutive games; subsequent to that the player must start a full game in either team.