Nottinghamshire Basketball Association Constitution
The Association will be called Nottinghamshire Basketball Association, herein after referred to as “The Association” and will be affiliated to Basketball England. The Association is voluntary and will perform its duties as a not-for-profit organisation.
The aims and objectives of the Association will be:
- To act as the organising body in the County of Nottinghamshire and City of Nottingham on behalf of Basketball England.
- To promote and encourage the game of basketball within Nottinghamshire.
- To encourage all Clubs within the Association to work towards the Basketball England Club Accreditation Scheme which embodies all the policies of Basketball England related to child protection, equity, safety and fairness.
- To provide its services in a way that is equitable to all of its members.
- To organise, fund, and run boy's and girl's county squads at various age groups to compete in regional and other appropriate competitions.
3.1 Any club, league, or association located in the County of Nottinghamshire and the City of Nottingham shall be eligible for affiliation, provided that it complies with the rules and regulations of Basketball England.
3.2 Any individual who registers with Basketball England through the Association or any person who is a member of an affiliated club of the Association provided he/she complies with the rules, regulations and policies of Basketball Englandl (Equal Opportunity and Equity, Child Protection, Anti Doping, Codes of Ethics and Conduct), and the regulations of the constitution of the Association.
3.4 Each member of the executive committee must be registered with Basketball England through the Association.
3.5 All members will be subject to the regulations of the constitution and by joining the Association will be deemed to accept these regulations and codes of practice that the Association has adopted.
3.6 Members will be enrolled in one of the following categories:
a) Senior player
b) Junior player
4.1 Membership fees will be set annually by Basketball England.
4.2 Fees will be paid annually by subscription.
5.1 The officers of the Association will be:
Safeguarding & Welfare Officer
Basketball Development Officer (if appointed by Basketball England)
5.2 Election of officers will take place bi-annually and staggered on odd and even years at the Annual General Meeting. In even years the Chairperson, Secretary and Welfare Officer will be elected. In odd years the Vice Chairperson, Treasurer, Registrar, and Technical Officer will be elected.
5.3 All officers will retire bi-annually but will be eligible for re-election.
5.4 Officers will be entitled to claim travel expenses as agreed by the Association in order to attend meetings and other functions organised by the Association.
6.1 The Association will be managed through the Executive Committee consisting of:
The officers of the Association and one representative of each recognised league or association.
6.2 Only these posts will have the right to vote at meetings of the Executive Committee. The Executive Committee meetings will be convened by the Secretary of the Association and held no less than three times per year.
6.3 The quorum required for business to be agreed at Executive Committee meetings will be five.
6.4 The Executive Committee will be responsible for adopting new policy, codes of practice and rules that effect the organisation of the Association.
6.5 The Executive Committee will have powers to appoint subcommittees as necessary and appoint advisers to the Executive Committee as necessary to fulfil its business.
6.6 The Regional Manager for Basketball England with responsibility for Nottinghamshire shall be invited onto the executive committee but without the power to vote.
6.7 The Executive Committee will appoint a Disciplinary Sub-Committee who will be responsible for disciplinary hearings and grievances as required and delegated by Basketball England within their jurisdiction. The Executive Committee will be responsible for taking appropriate action as a result of such hearings.
6.8 The Executive Committee, in consultation with its member clubs, will adopt a County Development Plan and update it annually.
7.1 All Association monies will be banked in an account held in the name of the Association.
7.2 The Treasurer will be responsible for the finances of the Association. This will be include preparing an annual budget which will include; administration, competitions/promotions, publicity/communications, equipment/stock, development of players, clubs, events/projects, technical development and area teams.
7.3 The financial year of the Association will end on 31st May.
7.4 An audited statement of annual accounts will be presented by the Treasurer at the Annual General Meeting. An auditor or auditors will be appointed annually at the AGM.
7.5 The funds of the Association shall be deposited in a recognised bank, and all cheques drawn on the account shall be signed by any two of three members appointed by the Executive Committee, one of the three being the Treasurer.
8.1 The Annual General Meeting shall be held annually by the 15th July.
8.2 Notice of Annual General Meetings (AGM) will be given to all members by the Secretary at least 21 days prior to the scheduled AGM.
8.3 The AGM will receive a report from officers of the Executive Committee and a statement of the audited accounts.
8.4 Nominations for officers of the Executive Committee must be received by the Secretary at least 7 days prior to the AGM.
8.5 Elections of officers are to take place at the AGM.
8.6 All members have the right to a single vote at the AGM and must be present.
8.7 Any member wishing to raise an issue at the AGM should submit such issue in writing to the Secretary at least 14 days prior to the AGM.
8.8 Resolutions other than changes to the Constitution will be decided by a simple majority and in the event of a tie the Chairman shall have a second or casting vote.
8.9 All matters shall be decided by ballot or by a show of hands of those members present and qualified to vote.
9.1 Extraordinary General Meetings (EGMs) outside the AGM can be called by the Executive Committee or within one month of the Secretary receiving a resolution signed by the secretaries of 25% of the member clubs.
9.2 Procedures for EGMs will be the same as for the AGM.
10.1 All concerns, allegations or reports of poor practice/abuse relating to the welfare of children and young people will be recorded and responded to swiftly and appropriately in accordance with the Basketball England child protection policy and procedures. The Welfare Officer is the lead contact for all members in the event of any child protection concerns.
10.2 All complaints regarding the behaviour of members should be presented and submitted in writing to the Secretary.
10.3 The Disciplinary Committee will meet to hear complaints within 14 days of a complaint being lodged. The committee has the power to take appropriate disciplinary action including the termination of membership.
10.4 The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within 7 days of the hearing.
10.5 There will be the right of appeal to the Executive Committee following notification of disciplinary action being received. The Secretary should receive the appeal in writing within 7 days of the appellant receiving the notification of disciplinary action. New evidence or an unbalanced decision would be grounds for a further appeal. A fee of £50 should accompany such appeal which is refundable if the appeal is successful.
10.6 The Association will deal with local league matters only in the case of appeals. The ruling of the Executive Committee is final in the case of local league appeals. Issues relating to national league competition will be dealt with by Basketball England.
11.1 A resolution to dissolve the Association can only be passed at an AGM or EGM through a 2/3 majority vote of the membership present.
11.2 In the event of dissolution, any remaining assets held in the Association's accounts will be kept by 2 appointed trustees for a period of 12 months from the last day of being in operation. If the Association fails to be resurrected after this 12 month period then the monies will be shared amongst the voluntary clubs that are affiliated to the Association on the date of dissolution with the aims to promote and develop basketball in the area. This should be a proportionate division of assets which will be agreed upon by the committee.
The constitution will only be changed through agreement by 2/3 majority vote of members present at an AGM or EGM.
Nottinghamshire Basketball Association hereby adopts and accepts this constitution as a current operating guide regulating the actions of members.