06/12/2020
NEPHIN ATHLETICS CLUB
CONSTITUTION
1. General
1.1 Changes to the Constitution
Changes to this Constitution may only be made at an Annual General Meeting (AGM) or an Extraordinary General Meeting (EGM).
Any proposed change must be provided in writing to the Secretary at least one week in advance of the meeting or must be recorded in
the minutes of an Executive or Senior Subcommittee meeting.
1.2 Name and Affiliation
a) The name of the club is Nephin Athletic Club Nephinl AC).
b) The club will affiliate each year to the Athletic Association of Ireland (AAI).
1.3 Ethos
Mól an Óige agus tiocfaidh siad
Praise the youth and they will flourish
The club endeavours to provide an environment where each member of the club can participate in club activities in a fun, pressure-free
and safe manner and can develop to their potential, whether that is as an international athlete or involvement at local level only.
1.4 Ethics
Nephin AC is fully committed to safeguarding the well being of all of its members. Every individual in the club should at all
times, show respect and understanding for members rights, safety and welfare and conduct themselves in a way that reflects the
principles of the AAI and the guidelines contained in the AAI’s Code of Ethics and Good Practice for Children’s
Sport.
1.5 Objectives
a) To promote the development of athletics in Nephin and its surrounds
b) To provide activities which encourage its members to have a healthy and active lifestyle
c) To develop its members to their potential, including those whom aspire to any or all of the following
elite international standards
competitive at local or national level in athletic competitions
an active lifestyle with occasional participation in races or competitions
d) To participate across the range of competitions in athletics, including cross-country, indoor track and field, outdoor track and
field
e) To provide opportunities for special needs and paralympics athletes as well as able-bodied athletes
f) To progress the acquisition and development of sports facilities in the locality which will support the club’s ethos and objectives
1.6 Colours
The club colours are:-
Singlet – Emerald green .black and red
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1.7 Club Structure
a) The club comprises 2 distinct sections:-
Juveniles (i.e. under 19s) and juniors (under 20)
Senior, which encompasses seniors (under 35) and masters (over 35)
b) The affairs of each section will be run independently (i.e. separate committees and finances) but both are governed by this
Constitution.
c) The Executive Committee of the club will run the juvenile and junior section.
d) A separate Senior Subcommittee will run the senior/masters section of the club, although some roles may overlap with the
Executive Committee.
e) Each section will have its own meetings as necessary and will keep its finances separate.
f) Each section will hold its own AGM and the outgoing committee/sub-committee will continue to function until a new
committee/sub-committee is elected at each AGM.
g) Each AGM will be held each year during the months of December or January e.g. the AGM for 2019 should be held either in
December 2019 or January 2020
h) At each AGM, a financial statement of account shall be given by the Treasurer. This account shall include a full record of that
section of the club's income and expenditure, together with a list of its assets and their end-of-year valuation
i) Each section will define its own set of rules for the running of their section of the club, by which all members will be bound.
j) Breaches of the rules will be considered by the committee and may result in the suspension or expulsion of a member from the
club and from competition as outlined in the Rules.
k) No committee member or coach within the club shall be compensated by the club for services rendered, except for exceptional
expenses which shall be agreed in advance by either the Executive Committee or Senior Subcommittee as appropriate.
1.8 Election and Operation of Committees
a) The terms of this section apply to both the Executive Committee and Senior Subcommittee.
b) Each committee will have three Officer positions - Chairperson, Treasurer and Secretary and a minimum of 3 other members all
of whom are elected at the corresponding AGM. Each committee will have a maximum of 12 members including the three
Officers.
c) The term of office of each committee is 1 year and the full committee is automatically deemed to have resigned at the following
AGM.
d) Of the 3 Officer positions, the same person cannot be elected to the same position for more than 3 years but is eligible for election
to other positions. For example, if a person was Chairperson in 2019, again in 2023 and again in 2027 that person cannot ever
hold that position again but can hold other positions.
e) The same person may hold the same or different positions on either the Executive Committee or Senior Subcommittee.
f) Each committee may identify other positions on the committee to be filled at the AGM or at later committee meetings.
g) In the event that a member of the committee resigns during the year, the committee may appoint another person to that role
without that person having been elected at the AGM.
h) The committee may appoint subcommittees to follow-up on different matters for the club. These subcommittees may comprise
members from the committee, other members of the club or people from outside the club.
1.9 Income and Property
The income and property of the club, shall be applied solely towards the promotion of its main object as set forth in this Constitution.
No portion of the club’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise
howsoever by way of profit, to the members of the club. No Officer shall be appointed to any office of the club paid by salary or fees,
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or receive any remuneration or other benefit in money or money’s worth from the club. However, nothing shall prevent any payment
in good faith by the club of:
a) Reasonable and proper remuneration to any member of the club (not being an Officer) for any services rendered to the club;
b) Interest at a rate not exceeding 6% per annum on money lent by Officers or other members of the club to the club;
c) Reasonable and proper rent for premises demised or let by any member of the club (including any Officer) to the club;
d) Reasonable and proper out-of-pocket expenses incurred by any Officer in connection with their attendance to any matter
affecting the club;
e) Fees, remuneration or other benefit in money or money’s worth to any Company of which an Officer may be a member
holding not more than on hundredth part of the issued capital of such Company.
If upon the winding up or dissolution of the club there remains, after the satisfaction of all its debts and liabilities, any property
whatsoever, it shall not be paid to or distributed among the members of the club. Instead, such property shall be given or transferred to
some other institution or institutions having main objects similar to the main objects of the club. The institution or institutions to
which the property is to be given or transferred shall prohibit the distribution of its or their income and property among its or their
members to an extent at least as great as is imposed on the club under or by virtue of Clause 1.9 hereof. Members of the club shall
select the relevant institution or institutions at or before the time of dissolution, and if and so far as effect cannot be given to such
provisions, then the property shall be given or transferred to some charitable object.
1.10 Information available to the Revenue Commissioners
The following information shall be made available to the Revenue Commissioners on request:
a) A copy of the club’s Constitution.
b) The annual accounts of the club.
c) Such other information as may reasonably be required to determine the eligibility of the club for tax exemption status.
Furthermore any changes to the club’s main objectives as set out in this Constitution and or to the application of its income or
property clauses as contained in said Constitution, shall not be made unless they have been previously submitted to and approved in
writing by the Revenue Commissioners.
1.11 Appointment of Trustees and Their Powers
1 In the case of the appointment of Trustees of Real Property the Executive Committee shall select 5 persons, who shall then
be appointed by the Chairman for the time being to act as Trustees for the Club.
2 The Trustees shall hold office until their retirement or death. On the retirement or death of a Trustee, the vacancy shall be
filled at the next AGM or EGM if required.
3 The Trustees shall have the power to acquire, hold and develop, sell, lease, mortgage charge, exchange or sell Real and
Personal Property on behalf of the Club, and to borrow or raise money in promotion of the objects of the Club.
4 By way of acceptance of their appointment the Trustees appointed shall sign a Declaration of Trust, on the purchase of any
Real Property, or on the signing of any loan documentation, as approved by EGM OR AGM and which shall regulate the
conduct of the Trustees in performing their duties and exercising their powers under the trust.
5 The Real Property shall not be leased, mortgaged, charged, exchanged, sold, conveyed, transferred or otherwise dealt with
without the consent of the Executive Committee, or as may be set out in any separate Declaration of Trust.
6 The Real Property, including the proceeds of sale thereof until otherwise directed by the Club, shall be vested in 5 full
members of the Club as Trustees, who shall hold same in trust for the Club.
7 The Trustees of the Real Property, having first obtained the consent of the Executive Committee, where necessary, shall
exercise their powers and perform their duties as directed by the Club from time to time.
8 The Directive of the Club shall be given by a resolution of the full members of the Club, passed by a majority of the
members present and voting at a duly convened General Meeting and when so passed shall be binding upon all members of
the Club.
9 A Certificate signed by the Secretary shall, in favour of any person relying on same, be conclusive evidence that a Directive,
complying in all respect with the provisions of this Rule, was duly given to the Trustees.
10 The Trustees shall be indemnified by the members of the Club against all liabilities properly incurred by them in the
performance of their duties as Trustees of the club.
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2. Extraordinary General Meeting (EGM)
a) An EGM can be convened at the request of any of the following
the Executive Committee
the Senior Subcommittee
20 people who are entitled to vote at the AGM of either section of the club as defined in later sections
b) An EGM must have a quorum of 10 of the above people.
c) Due care should be taken to give all members 10 days notice of an EGM. This can be done via email or the Web.
d) All people who are entitled to vote at either AGM are entitled to vote at an EGM but each person will only have 1 vote.
e) All votes are decided on a majority. The Chairperson of the Executive Committee will have the casting vote in the event of a tie.
3. Juvenile Section
3.1 Membership
a) Membership is open to
juveniles, i.e. aged 18 or younger in the year of membership
juniors, i.e. aged 19 in year of membership
coaches and parents of these athletes
The entry age will be defined by the Executive Committee in the rules.
b) There is no particular catchment area for juvenile members of the club, but due consideration should be given to other clubs’
views in regard to catchment area so as to avoid conflicts where possible.
c) The membership fee and other fees payable will be set by the Executive Committee each year.
3.2 Annual General Meeting (AGM)
a) The juvenile AGM must have a quorum of 10 people who are
parents of juvenile members of the club in the year just gone or in the forthcoming year
coaches of these juvenile athletes who are also members of the club
members of the outgoing Executive Committee
junior members
juvenile members aged 16 or older
each of whom is entitled to 1 vote at the AGM (i.e. both parents have a vote each).
b) Juvenile members younger than 16 do not have a vote – instead they can be represented by one or both of their parents who have
the right to vote as per 3.2(a) above.
c) Each person is entitled to only 1 vote, even if they have more than 1 child in the club.
d) Members of other athletic clubs may attend the AGM but do not have a vote.
e) All votes are decided on a majority. The Chairperson of the Executive Committee will have the casting vote in the event of a tie.
f) All voting on the election of the Executive Committee will be conducted by secret ballot at the AGM.
3.3 Committee Meetings
Meetings of the Executive Committee will require a quorum of 5 of its members. Guests may attend committee meetings but cannot
vote, for example parents or coaches who are not on the committee.
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4. Senior Section
4.1 Membership
a) Membership is open to
seniors, i.e. aged 20 or older in year of membership
masters, i.e. aged 35 or older
b) Catchment areas do not exist within Co. Galway for these athletes. Athletes join whatever club they have the most affinity with.
Note however that the club is bound by the rules of the AAI in regard to transfers from other clubs.
c) Membership fees and other fees are set by the Senior Subcommittee.
4.2 Annual General Meeting (AGM)
a) The AGM must have a quorum of 10 people who are
senior or master members of the club in the forthcoming or preceding year
coaches of these athletes
members of the outgoing Senior Subcommittee
each of whom is entitled to 1 vote at the AGM.
b) Members of other athletic clubs may attend the AGM but do not have a vote.
c) The Chairperson of the Senior Subcommittee will have the casting vote in the event of a tie.
d) All voting on the election of the Senior Subcommittee will be conducted by secret ballot at the AGM.
4.3 Committee Meetings
Meetings will require a quorum of 3 of its members. Guests may attend meetings of the Senior Subcommittee but cannot vote.
