GSCL CONSTITUTION |
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| Shelton Glasgow (sglas2) | |
| 04/17/2021 | |
CONSTITUTION OF THE GARDEN STATE CRICKET LEAGUE FOUNDED 1993 AMMENDED 2016 Table of Contents Page No Article 1: Name 3 Article 2: Affiliation 3 Article 3: Purpose 3 Article 4: Objectives 3 Article 5: Governance 3 Article 6: Membership 3 Article 7: Acceptance for Membership 4 Article 8: Withdrawal from Membership 4 Article 9: Expulsion or Suspension 5 Article 10: Right to Levy Dues Fees and Assessments 5 Article 11: Restrictions on Fines 5 Article 12: Elections and Terms of Office 5 Article 13: Executive Committee 6 Article 14: Duties 6 14.1 The President 6 14.2 The Vice-President 6 14.3 The General Secretary 7 14.4 The Treasurer 7 14.5 The Assistant Secretary / Treasurer 7 14.6 The Public Relations Officer 7 Article 15: Board of Directors (Composition) 8 15.1 Responsibilities 8 Article 16: Removal from Office 8:11 Article 17: Quorum 8 Article 18: General Meetings 8 Article 19: Special Meetings 9 Article 20: Delegates 9 Article 21: Committees 9 21.1 Executive Committee 9 21.2 Responsibilities 9 Article 22: Amendments and Ratification 9 Article 23: Discrimination 10 Article 24: Prohibited Activities 10 Article 25: Litigation 10 Article 26: Sunshine Clause 10 Article 27 Distribution of Assets 10 By-laws 11 Order of Business 11 Removal from Office 11 Dispute Resolution 11 Procedures, Offences and Penalties 11 Code of Conduct 12 Note & Disclaimer 13 ARTICLE I: Name The name of this organization shall be the GARDEN STATE CRICKET LEAGUE, hereinafter alternatively referred to as the "GSCL” the League or "the Association." ARTICLE 2: Affiliation The Garden State Cricket League may seek to maintain affiliation with the International Cricket Conference as provided for under the regulations of that conference, either directly or through the designated United States affiliate body of the ICC. ARTICLE 3: Purpose The Garden State Cricket League is organized for educational and recreational purposes and for fostering the sport of cricket locally and nationally, without bias to race, sexual orientation, religion, nationality or ethnic background. 3.1 The GSCL shall govern the game of cricket under its purview subject to the constitution and by-laws statutes of the United States of America, state of New Jersey, laws of cricket, rules and regulations stipulated by the International Cricket Conference, ICC, and their designated United States affiliate, the GSCL constitution and by-laws. ARTICLE 4: Objectives The Garden State Cricket League shall be a non-political, non-profit organization. 4.1 The Garden State Cricket League shall be responsible for organizing season-long cricket with other leagues locally and nationally. 4.2 The GSCL may institute or support association/s for the regulation and training of cricket officials. 4.3 The GSCL shall organize annual championship competitions with teams under its authority. 4.4 The GSCL shall raise funds to support training, coaching, exhibitions, seminars and other programs that promote the sport of cricket and youth development in schools and elsewhere, by such means as are consistent with the laws of New Jersey, ethics and the purpose of the GSCL. 4.5 To foster the development of youth and women’s cricket. Article 5: Governance The GSCL constitution and by-laws shall be the ruling document of the organization. 5.1 Meetings of the Garden State Cricket League and its committees shall be conducted in accordance with Robert's "Rules of Order" which shall be adopted as the accepted norm for parliamentary procedures. ARTICLE 6: Membership Continued membership in the Garden State Cricket League is granted to any club, association, organization, individual or business that accepts and agrees to abide by the provisions of the GSCL Constitution it’s by laws and Code of Ethics. 6.1 The first (2) two of years membership is probationary. However, the executive committee reserves the right to grant full membership after (1) one year based upon a review of the member’s performance. 6.2 The number of clubs in the GSCL shall be limited by the availability of acceptable playing facilities, and umpires. 6.3 Full membership in the Garden State Cricket League shall be available without bias to any club, association or group whose main purpose is to play and/or teach cricket. 6.4 Associate membership may be accorded to any business enterprise that supports the sport of cricket. Such associate membership shall carry no voting privileges. 6.5 Individual membership will be accorded without charge to qualified coaches and teachers of the game who volunteer to provide their services to member clubs or organizations; and to officials who have no other organizational affiliations. ARTICLE 7: Acceptance for full Membership An organization’s acceptance for full membership is based on the following criteria. 7.1 That it is a club structured such that it has a president or chairman, secretary, treasurer and at least (14) fourteen active cricketers. 7.2 Must have access to playing facilities with availability on Saturdays and Sundays from 11.00 A.M to 7.00 P.M from April to October. 7.3 Clubs shall be responsible and accountable for notifying the League of any address or phone number changes. Upon request they shall provide the address and phone number of its players. 7.4 Applications for full membership must be in writing and received by the GSCL general secretary no later than January 31st. 7.5 Upon receipt of an application the general secretary will forward copies of the constitution/by- laws and regulations of the Garden State Cricket League to the applicant. 7.6 Applicants must certify in writing to the general secretary that his/her organization fully accepts and will abide by the constitution and bylaws of the GSCL. 7.7 On confirmation of 7.6 and a review by the executive committee, the general secretary will present the application for membership to the delegates at the next general meeting of the association. 7.8 A 3/4-majority vote of the full members is required for acceptance of new clubs into the league. 7.9 The GSCL shall grant membership to individuals as honorary members of the association. ARTICLE 8: Withdrawal from Membership A club, organization, business or individual member may withdraw their membership from the GSCL by informing the league of their intent in writing. 8.1 Prior to the withdrawal of an organization, individual or business, payment in the form of dues, fees, assessments or fines shall be retained by the GSCL. 8.2 Withdrawal of an organization, individual or business shall not be an excuse for nonpayment of any financial obligation prior to the formal written notice of withdrawal being received by the GSCL. ARTICLE 9: Expulsion or Suspension. 9.1 Members of the GSCL may be suspended or expelled for egregious actions or if they continually violate the constitution and by-laws of the league. (See bylaws) 9.2 Suspension of a member club or a member requires a 3/4-majority vote of the Executive, and a ¾ majority vote of both the GSCL executive and the current full members for expulsion. 9.3 Payments in the form of dues, fees, assessments or fines to the GSCL are non-refundable. 9.4 The executive committee by a majority vote may take disciplinary action against members. ARTICLE 10: Right to Levy Dues, Fees and Assessments The Garden State Cricket League reserves the right to impose fees, assessments and dues on its membership as may be adopted by a 2/3-majority vote of the full executive committee. 10.1 There shall be no discrimination in the application of dues, fees or assessments imposed on members. ARTICLE 11: Restrictions on Fines a. Fines or penalties shall not exceed the current membership dues. b. Fines or penalties shall be assessed against members and clubs at the time a decision is rendered and shall be consistent with the tenants of the GSCL constitution and by-laws. 11.1 The imposition of fines or penalties shall not be assessed by the GSCL against members of the association without a scheduled hearing. 11.2 A club’s failure to respond by by a given deadline to a written request to attend a hearing shall be construed as an admission of guilt and a decision by the disciplinary committee shall be rendered in absentia. ARTICLE 12: Election and Terms of Office The term of office shall be (2) two years and shall be effective inclusively following the election. 12.1 The Board of Directors shall be appointed for a term of (3) three years. 12.2 The election of officers shall be at the annual general meeting held between October 31st and November 21st once every (2) two years. 12.3 Six (6) weeks prior to the elections, the nominations committee shall present a slate of nominees for consideration to the member clubs. 12.4 On a one-club one-vote basis delegates shall elect the officers and Board of Directors of the association. 12.5 At the annual general meeting, each nominee shall be allotted five (5) minutes floor time to address the delegates explaining their plans to improve the standard of cricket and the League and as to why he/she should be elected. 12.6 Nominations shall be accepted in absentia, once it was verified in writing by the executive that the nominee has indicated his/her willingness to serve. 12.7 A returning officer (someone with knowledge of parliamentary procedures) shall be appointed to conduct the elections. 12.8 Voting shall be by secret ballot. The general secretary shall prepare the ballots. 12.9 Delegates will receive one ballot for each office, or a slate of officers and will designate their clubs' choice by marking an "X” next to the nominee of their choice. 12.10 The secretary shall count the ballots and the returning officer will announce each winner. Unmarked ballots and ballots on which the designation of choice cannot be clearly determined shall be deemed null and void. There shall be no absentee ballots. 12.11 This process shall be conducted in descending order starting with the president until each officer is elected. After the election of officers, a (3) three-person board of directors shall be appointed by the executive after consultation with club delegates. ARTICLE 13: Executive Committee President; Vice-President; General Secretary; Treasurer; Assistant Secretary/Treasurer, and Public Relations Officer: ARTICLE 14: Duties 14.1 The President: The President of the Garden State Cricket League shall be the chief executive officer of the association. He/she shall be the ex officio member of each committee. a. He/she shall appoint such committees as may be deemed necessary or as recommend by the executive committee. b. He/she or a designee shall serve as liaison between the association and the designated US affiliate of the ICC. c. He/she shall report on the state of the association at least once every six (6) months and shall at that time suggest the future course for development. e. The president shall on his/her own authority call general meetings of the association and of the executive committee and provide an agenda. f. The president shall cast the deciding vote in the event of a tie in meetings of the association. g. The president shall authorize all payments on behalf of the GSCL. 14.2 Vice-President: In the presidents’ absence the vice-president shall perform the duties, shall have all the powers of, and be wholly subject to the restrictions of the office of the president. a. The vice president shall be assigned specific duties by the president. b. The vice president shall preside over meetings of the nominations and selection committee. 14.3 General Secretary: The general secretary of the Garden State Cricket League shall record the proceedings of the association are fully recorded. He/she shall oversee the retention, filing of records, and shall be responsible for distributing the minutes of each general and executive meeting. a. The general secretary shall keep and maintain a listing of the names, physical and email addresses, telephone number(s) of the delegates for each club. He/she shall provide a written account of the minutes of meetings. b. He/she is responsible for informing members to upcoming events of the association to permit their attendance or participation. c. Should the president and vice president be permanently absent from office, the general secretary shall assume the office and duties of president. Unless fewer than three months remain in the un-expired term the general secretary shall call a special election to choose a new vice president. d. The general secretary shall, in the event of his/her disability, resignation, prolonged absence or succession to the presidency, be succeeded in office by the assistant secretary/treasurer. 14.4 Treasurer: The treasurer of the Garden State Cricket League shall be the chief fiscal officer of the association. Two (2) weeks prior to each general meeting he/she shall provide the members with a financial report. a. The treasurer shall be responsible for preparing the annual budget in consultation with the secretary. b. He/she shall oversee the receipt and disbursement of all funds on behalf of the association and shall be responsible for adopting and following generally accepted accounting principles. c. Annually the treasurer shall, provide necessary documents and account information to an independent certified accountant for an audit. The audit must be completed at least (4) four weeks prior to the general meeting. e. The treasurer shall accede to the presidency after the vice president and the general secretary. He/she shall be succeeded in office by the assistant secretary/treasurer. 14.5 Assistant Secretary/Treasurer The assistant secretary/treasurer shall assist the general secretary and the treasurer in carrying out their duties. He/she shall succeed the general secretary or treasurer in the event that either officer is unable to complete their term of office. a. At the direction of the general secretary, he/she shall act as the corresponding or recording secretary and shall serve as match secretary to the GSCL team. 14:22 Public Relations Officer: The public relations officer shall be responsible for the overall publicity of the League and its programs. a. He/she shall be responsible for providing information to the print, electronic and other forms of news media and shall be one charged with acquiring sponsorship for the league. ARTICLE 15: Board of Directors (Composition) The board of directors shall consist of (3) three persons, neither of whom during their tenure shall serve as an elected or appointed officer of the association. 15.1 The board of directors shall be appointed as per 12.11. The appointed board members shall be responsible for the selection of its’ chairman. 15.2: Responsibilities Once appointed, the board of directors shall immediately audit the operational procedures of the association and make recommendations to the executive within (45) forty-five days. 15.3 They shall prepare and submit a performance appraisal of the current office bearers to the member clubs (4) four weeks prior to the nomination and election of officers. 15.4 Ensure that the constitution, by-laws, code of ethics are adhered to. 15.5 They shall ensure that the nomination committee provides a slate of candidates for the various offices enumerated in Article 13. ARTICLE 16: Removal from Office Appointed persons may be removed from office by a simple majority vote of the executive, except as elsewhere provided for in this constitution and bylaws. 16.1 Elected persons may be removed at a special meeting called expressly for this purpose. Reasons for removal include but not limited to conflict of interest, malfeasance, breach of trust or other acts deemed detrimental to the game of cricket and or the interest of the GSCL. Such removal constitutes two parts: a) A vote of no confidence by a two thirds (2/3) majority of the executive committee. b) Fifty one percent, (51%) of the full membership must vote for removal. ARTICLE 17: Quorum Business shall not be conducted unless a quorum is present. Quorum for meetings shall be as follows: 17.1 Annual General Meetings (AGM) and General Meetings: At least (1/2) one half of the current full member clubs must be present. 17.2 Executive committee meetings requires that (50%) fifty percent of the executive be present. 17.3 Special meetings, except for removal from office, requires that (50%) fifty percent of the current full member clubs be present. ARTICLE 18: General Meetings General meetings of the Garden State Cricket League shall be held at least twice annually. 18.1 Delegates, individual, full and associate members may be permitted to speak on issues brought before the general meeting. (Voting is restricted to full members) ARTICLE 19: Special Meetings The president may call special meetings, (2/3) of the executive committee or by a minimum of (60%) sixty percent of the full member clubs. Such a meeting may be called expressly to address specific issues, which must be stated in writing to the general secretary (3) three weeks prior to the meeting. ARTICLE 20: Delegates Full members of the Garden State Cricket League shall represent and vote on behalf of their club. 20.1 Delegates shall be identified the prior to representing his/her club. 20.2 The association may expel a person or delegate from a meeting by majority vote of the delegates. Causes for such action are personal violations of the rules of order, the code of conduct the associations' constitution and by-laws, disruptive or disorderly conduct. 20.3 Such expulsion will mandate the provision of a new delegate by the member organization but will not adversely affect the organizations' standing with the association. 20.4 If an organization’s delegate is expelled, both he/she and the organization must be informed in writing for the cause of such action. 20.5 Re-submission of the same delegate after such expulsion will result in the loss of voting privileges by that club until a replacement is submitted. Expulsion of a person is for the current meeting or event. ARTICLE 21: Committees 1. The executive committee shall consist of the elected officers of the GSCL. The president shall be an ex-officio member of all committees. 2. Executive Committee 3. Disciplinary committee 4. Election committee 5. Ad-hoc committees 21.2 Responsibilities In the event that action is required by the association, which exceeds the authority, granted to any individual officer by this constitution, and in such time as to render a general meeting of the delegates impossible the executive committee shall, have the authority to undertake any business on behalf of the association, which a general meeting could authorize. Such authority shall continue only until a general meeting can be held to determine the will of the association, or until two full calendar weeks (Sunday to Saturday) have elapsed from the onset of the emergency. ARTICLE 22: Amendments and Ratification Amendments to this constitution must be ratified by a 3/4-majority vote of the full member clubs. 23.1 To amend and ratify the by-laws requires a (2/3) two-thirds majority vote by the executive. 23.2 These amendments being duly ratified on 02/21/2016, by the full member clubs of the GSCL, hereafter becomes the constitution of the Garden State Cricket League. ARTICLE 23: Discrimination The Garden State Cricket League shall not adopt or support any regulation or policy that provides for discrimination on the basis of race, sexual orientation, color, national origin, religion or gender; or on any other biases prohibited by the laws of the United States, the State of New Jersey or by the regulations of the International Cricket Conference or of its US affiliate. ARTICLE 24: Prohibited Activities No part of the net earnings of the Garden State Cricket League shall inure to the benefit of, or be distributable to, its members, directors, officers or other private persons, except that the league shall authorize and empower the payment of reasonable compensation for services rendered and to make payments and distributions in furtherance of purposes set forth in this constitution. ARTICLE 25: Litigation 25.1 No member, official, club, team, player, coach, administrator or umpire may invoke the aid of any court in the United States or of a State, County or municipality without first exhausting all available remedies listed in this constitution. 25.2 For a violation of the inclusive policies offending party shall be subject to suspension and fines, and shall be liable to the Association for all expenses incurred by the Association and its directors and officers in defending each court action, including but not limited to the following: 25.3 Court costs and Attorney’s fees. Reasonable compensation for time spent by Association officials and employees in responding to and defending against allegations in the action, including responses to discovery and court appearances. i.e. travel expenses, expenses for holding Special General Meetings necessitated by the court or any resolution of the dispute. ARTICLE 26: Sunshine Clause Meetings of the Garden State Cricket League and its committees shall at all times be opened to the general public. 26.1 An exception to the above rule shall be made when the business at hand violates the right to privacy of a club or individual in matters not connected with the playing, officiating, teaching or administration of the game of cricket. 26.2 Meetings dealing with confidential matters shall be conducted with the appropriate delegates and or committee. The president shall, at such times announce that the body is going to a confidential session "for reason of personal privacy." He/she shall announce a time at which the non-delegates may expect a re-opening of the full meeting. He/she shall request that non-involving persons absent themselves until the announced time. 26.3 The by-laws of the association shall contain provisions for clearing the meeting room as necessary to preserve order and to enforce the request for privacy. 26.4 Following the conclusion of the closed session, any delegate or other participant in such a session may challenge the propriety of its closing. Challengers are warned not to reveal any details of the alleged confidential matter until and unless the full delegate body of the association, in an open meeting, upholds the challenge. ARTICLE 27: Distribution of Assets Upon Dissolution Upon dissolution of the association, after paying or making provision for the payment of all liabilities and disposition of the association’s assets in such a manner or to such organizations organized and operated for religious, charitable, educational, scientific or literary purposes as shall at the time qualify as an exempt organization under section 501(C)(3) of the Code. BY-LAWS Order of Business The following is the established order of business. Exceptions may be granted if requested by a member of the executive and voted upon by the members present at the meeting.
1. Applicants represent a club or group and not a single individual. 2. The applicant is not under sanction by the United States affiliate of the ICC, the ICC itself, not under suspension by another organization or is substantially run by persons or corporate bodies that are under such sanctions. 3. Dues shall be assessed against members as determined by the executive committee. Removal from Office 1.Executives/members may be removed for moral turpitude, malfeasance or incompetence. 2. Executives may also be removed if he/she fails to attend regular and or special meetings during any twelve (12) month period, unless he/she is able to demonstrate exigent circumstances that caused and excused the absences. 3. Members may also be suspended or removed as in Article 9.1 Dispute Resolution 1. Committees shall be appointed by the GSCL and compromise of (3) three to (5) five persons. 2. All complaints shall be referred to the GSCL secretary for adjudication by the appropriate committee. 3. The right to a fair and impartial hearing requires that individuals and or teams shall not be penalized without due process. 4. Prior notice and time of the hearing, an opportunity have representation and witnesses to face and answer the accuser and to present his/her own case. 5. Members have a right to appeal a verdict or decision by submitting a written request to the GSCL general secretary. Procedures 1. Complaints shall be referred to the GSCL secretary and adjudicated by the appropriate committee. 2. If at any time during the adjudication process, all members of the committee are not available, then a minimum of two (2) persons will be allowed to adjudicate the matter. 3. In the case of a two-person adjudication panel, and there is a tie, then that tie will be broken by the President of the Garden State Cricket League. If the President is unavailable, then the Vice President, Secretary or Treasurer, in that order is allowed to break the tie. 4. Written reports should be filed with the league’s secretary no later than forty-eight (48) hours after the incident. A copy of the report shall be presented to the accused. 5. Within three days after receipt of the report the appropriate committee shall convene a hearing with the alleged offender(s), accuser and witnesses if any. 6. Recommendations rendered by the committee, in absentia will be binding. 7. The committee’s recommendation may include fines, suspensions and/or, probations. 8. Said recommendation/s shall addressed to the General Secretary who shall forwarded it to the executive committee of the Garden State Cricket League for implementation. 9. After which the general secretary shall inform all parties concerned of the decision. 10. Appeals must be made in writing to the secretary of the Garden State Cricket League. The Executive Committee will hear appeals as expeditiously as possible. CODE OF CONDUCT 1. Respect for oneself and others are of paramount importance in maintaining the integrity and traditional values of the sport. 2. The Garden State Cricket League executive members, committee members and players are governed by such regulatory documents as the Constitution, By-Laws and playing conditions. 3. Persons are required to perform with fairness, equality, transparency and objectivity through an overriding sense of integrity. They are elected/appointed to perform assigned duties within the ambit of the goals and objectives of the League. 4. The responsibility of accepting positions must have some parameters. It is to this end that all executives, committee members and players adhere to the guidelines outlined in the Code of Conduct below. 5. Implement the League’s Constitution, By-Laws, Regulations and policies so that the highest possible standards of honesty, fairness, and equality are achieved and maintained. 6. Cooperate with the League’s organizers, officials and other administrators. 7. Know and understand the Constitution, By-Laws, and other policies governing the GSCL. 8. Make financial and other decisions that are in the best interest of teams and the GSCL. 9. Do not discriminate against clubs or any individual member on the basis of race, color, ethnicity, gender, sexual orientation, national origin, religious belief or otherwise. 10. Never use the assets, information or resources of the GSCL for personal gains or for the benefit of any club. 11. Ensure that all transactions are transparent and recorded accurately. 12. Recognize and fully respect the rights of members to make independent decisions. 13. Address with a sense of urgency and fairness situations where the Constitution, By-Laws, Code of Conduct and Playing Conditions have been contravened. 14. Upon written request provide full disclosure to members on matters pertaining to the GSCL. 15. Recognize that even the appearance of misconduct or impropriety can be construed as damaging to the reputation and efforts the GSCL. 16. Players are required to play within the spirit of the game. 18. Players, team officials, or umpires shall not engage in conduct that will bring the game into disrepute. 19. Persons i.e., players, scorers and officials shall refrain from the using insulting language, profanity and or obscene gestures. NOTE: a. Interpretation of this document is the sole responsibility of the GSCL Executive Committee. b.Any Officer, Committee member or player who is found to have contravened the Code of Conduct shall be subjected to disciplinary measures as set forth in the Constitution and bylaws. The Code of Conduct in no way supersedes the Constitution and or By-Laws but serves to augment it. DISCLAIMER: Participation in the activities of the GSCL is strictly voluntary. The Garden State Cricket League shall not be held responsible wholly or in part for personal injuries, damages to personal property, medical or any other expenses incurred by any person while attending or participating in any Garden State Cricket League sponsored activity. |
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