CACO Constitution

THE CONSTITUTION OF THE CORNWALL ASSOCIATION OF CRICKET OFFICIALS

 

All provisions of this Constitution and any subsequent amendments, schedules or annexes shall refer to men and women equally. Words that may imply the male gender have been included solely for brevity and are to be taken as including both male and female. The Cornwall Association of Cricket Officials recognises and supports the roles of all persons, whether able bodied or disabled, of whatever race, creed or belief, in the sport of cricket.

 -------------------------------------------------------------------------------

CONTENT

 

1.  Name

2.  The Constitution

3.  Administration

4.  Aims & Objectives

5.  Powers

6.  Membership, The Committee

7.  Voting Rights

8.  Propriety

9.   Meetings

10.  Umpire Assessments

11.  General

12.  Application of the Nolan Standards

-------------------------------------------------------------------------------

1. Name

 

The name of the Association shall be The Cornwall Association of Cricket Officials (hereinafter referred to as the Association). The Association shall be a branch of the ECB Association of Cricket Officials (hereinafter referred to as the ECBACO)

 

2. The Constitution

 

    The Terms of the Constitution can only be amended, added to or deleted at the Annual or at an Extraordinary General Meeting as described at Clauses 7 & 9 and are subject to the overriding authority of the Cornwall Cricket Board (hereinafter referred to as the CCB). Any Association member shall be provided with a free copy of the Constitution, and of any amendments to that Constitution, within 14 days of that request being received by the Honorary Secretary. 

 

3. Administration

 

     Subject to the terms and conditions set out below, the Association and its assets shall be administered and managed in accordance with this Constitution, by the elected members of the Association Committee (hereinafter referred to as the Committee) who shall be answerable, singly and together, to the members of the Association in Annual and Extraordinary General Meetings as defined in Clauses 7 & 9 and to the CCB through the Memorandum of Understanding.  

 

4. Aims and Objectives

 

    The Association shall have the following Aims and Objectives:

 

  1. To promote and advance the status, role, authority and influence of the Association’s umpires and scorers, individually and collectively, at all levels of the game in the County of Cornwall and in national competitions.
  2. To promote and advance the status and role of the Association’s members, individually and collectively, with any body representing the national interests of umpires and scorers.
  3. To improve, develop and sustain the standards of umpiring and scoring at all levels of Cornish cricket by:

 

    1. Providing formal ECBACO training courses to enable the Association’s members to take national examinations and achieve recognised qualifications on the current Laws of Cricket and field craft.
    2. Taking such action or making such representation as an Association, solely or in conjunction with others, as may be considered desirable in the interests of Cornish cricket or for the benefit of umpires and scorers in particular.

 

iv    To co-operate with and to support the work of the CCB, other Cornish cricket organisations and bodies for the betterment of the game.

v      To promote and safeguard the lawful interests and welfare  of all Association members, individually and collectively, and to advise, act on behalf of and generally support the interests of members in legal disputes and disciplinary matters directly related to their cricket activities, provided that the Association is not brought into disrepute thereby.

vi    To promote the work of scorers in Cornwall and seek to incorporate them into the CACO with, subsequently, a scorer representative being elected at the AGM to the CACO Committee to represent scorer interests.

 

5. Powers

 

       In sole furtherance of the Aims and Objectives, the Committee (as constituted in Clause 6 (g)) shall exercise the following powers:

 

  1. to raise sponsorship funds from local businesses by invitation and by fund raising events approved by the Committee.
  2. to receive contributions including private and commercial sponsorship in cash, materials or other kind, bequests and donations in compliance with the appropriate Laws.
  3. to buy from Association funds, or in exchange, any material assets that the Committee shall deem necessary for the sole achievement of its Aims and Objectives, and to ensure its maintenance and equip it for use. The Committee shall have the power to dispose of material assets when such assets need replacing, updating or are no longer viable. The Committee shall not take on any leasing arrangements or raise loans without prior approval of the CCB.
  4. to reimburse necessary and legitimate expenses incurred in the provision of training, examinations (and associated materials) by the Association for its members where such expenses cannot be sought from the CCB or ECBACO.
  5. to purchase awards for presentation to Association members for services to the Association or to the game of cricket in Cornwall. Such expenditure must receive prior approval by the Committee and an individual award cannot exceed £100 in value without the minuted approval of the membership at an Open Membership Meeting. Any proposed individual or group award over the monetary value of £100 must also have the written approval of the CCB.

            6.    to approve bank and building societies or other accounts into which monies due to or held by the Association shall be paid. Expenditure shall require the signatures of any two officers from the Chairman, Honorary Treasurer, Honorary Secretary, Appointments Officer, unless paid by "Direct Payment".

7.  to co-operate with the Cornwall Cricket Board and other bodies (voluntary and statutory) whether local or national who, in the consideration of the Committee, are operating in furtherance of the Association’s Aims and Objectives, and to exchange information and advice with them not related to the Data Protection Act 1998.  Information governed by the provisions of the Data Protection Act 1998 can only be exchanged with the express consent of each member concerned.

8.  to adopt, implement and administer the requirements relating to the role of the umpire and scorer that are laid upon the Association by those other bodies charged with the management of Cornish cricket.

9.   to adopt, implement and administer guidelines on the interpretation and practice of the Laws of Cricket that shall benefit the status and standing of the roles of the umpire and scorer in Cornish cricket.

 10.  to create sub-committees of the Committee to consider specific proposals that shall benefit the status and standing of the roles of the umpire and scorer.

           11.    to decide on any issue not immediately covered by the Terms of the Constitution or the Memorandum of Understanding. Such a decision can only remain in force whilst an immediate requirement exists. Should that requirement extend beyond 2 months from the date of the Committee decision, the Committee must seek ratification for that decision by calling an Extraordinary General Meeting in accordance with Clause 9 to meet not later than 3 months after the decision was first taken by the Committee.

12.   power to suspend the membership of any person in accordance with the conditions and procedures of Clauses 6(f) & 6(g)

 

The Committee, or any of its officers acting singly, does not have the power to:

 

  a.  lend any of the Association funds (with or without  interest) or assets to any person or organisation

  b. borrow (with or without interest) money from any person, organisation or business

  c. establish or support any charitable trusts, associations or institutions formed for the achievement of all or any of the Aims and Objectives.

 

6.  Membership, The Committee and Subscriptions

 

  1. Full membership of the Association shall be open to any person who is a national member of ECBACO and who is currently living in the County of Cornwall upon payment of the Association membership fee. Full Association membership will lapse should an individual member fail to renew his/her annual subscription to the ECBACO. Only such full members shall be eligible to be appointed to those matches described in the Memorandum of Understanding.
  2. The CACO also offers annual Associate Membership to all club, player and retired officials who wish to be associated with the County scene but are not members of the national ECBACO. Associate Members shall enjoy all rights and responsibilities of the CACO as described in this Constitution but cannot be considered for appointments as Full Member umpires. Any Associate Member who subsequently joins ECBACO may seek full membership of the CACO by written application to the Hon. Secretary.
  3. Any Association member who resigns from the ECBACO is required to advise the Association as soon as possible of his lapse in membership; that resignation, whether a Committee member or an ordinary member, must be made in writing to the Honorary Secretary who shall inform the Committee of that resignation at the next Committee meeting.
  4. The voting rights of members shall be laid down at Clause 7 of this Constitution
  5. In addition to ECBACO membership, special membership of the Association shall comprise:

 

Honorary Members. Honorary membership shall be the highest honour that the Association can bestow and shall be for life unless the procedure within Clause 6(f) is invoked. The Committee or membership shall be empowered to nominate any individual, for outstanding services to cricket, to umpiring or scoring or to the Association. Honorary Members shall be elected at an Annual General meeting and have the rights and privileges of members and shall be free of financial obligations to the Association.

 

President. The President shall be nominated by the Committee or membership  and shall be elected each year at an Annual General Meeting. He shall be an individual who has rendered exceptional service to the Association, has supported the work and prestige of the Association, and shall have the rights and privileges of members and shall be free of financial obligations to the Association. At the invitation of the Committee, he shall be present at Committee meetings to offer wise counsel but shall not have the right to vote on agenda matters before the Committee. However, the President will have the casting vote on Committee agenda matters that result in a tied vote of those present and voting. The President shall act as Chairman for the Annual and all Extraordinary General Meetings; he shall not have a vote or casting vote on any matter before those Meetings.

 

f)  The regular affairs of the Association shall be managed by the Committee.

 

        The Committee shall consist of the:

 

  • Chairman. The Chairman shall be nominated by the Committee/membership and shall be elected each year by members present and voting at an Annual General Meeting.

 

  • Honorary Secretary. The Honorary Secretary shall be nominated by the Committee/membership and shall be elected each year by members present and voting at an Annual General Meeting.

 

  • Honorary Treasurer. The Honorary Treasurer shall be nominated by the Committee/membership and shall be elected each year by members present and voting at an Annual General Meeting. 

 

These officers shall be responsible to the Committee for the proper conduct of the administrative, fiscal and legal affairs of the Association in accordance with the Terms of the Constitution and its Aims and Objectives.

 

-------------------------------------------------------------------------------

 

From time to time, the Chairman/ may be asked by external bodies to give the official view of the Association or to make a decision or to pass information on behalf of the membership at short notice. The Chairman/Vice–Chairman may so give that view or information or make that decision, having first consulted with and received the unanimous consent of the officers above. Should their decision not be unanimous, the Chairman/ must immediately call a Special Committee Meeting (SCM) with 7 days notice to consider the matter.

 

--------------------------------------------------------------------------------

 

The Committee shall further include:

 

  • Appointments Officer. The Appointments Officer shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting. The Appointments Officer shall work with the Appointments Sub-Committee as empowered under Clause 5(10) and described in Clause 10. The Appointments Officer shall also be responsible for ensuring that the annual assessment rating for each umpire with a formal qualification, that has been appointed to a match in the Premier and/or County 1 of the Cornwall Cricket League, is formally reported to the Honorary Secretary of the League Management Committee.

 

  • General Representative to the League Management Committee. This representative shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting. He shall have a named deputy who may or may not be a member of the Association Committee but will be required to report in writing to the Association Hon. Secretary on any issues that may arise in the LMC when acting as deputy.

 

  • CCB Representative: this officer shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting.

 

  • Performance Officer: this officer shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting.

 

  • Cornwall Association of Grounds Committee Member: this officer shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting. WTU Officer: this officer shall be responsible for organising and maintaining the CACO network of “Who’s the Umpire” system of Appointments and feedback used across the ACO

 

  • Scorer / Representative: this officer shall be nominated by the Committee/membership and shall be elected each year by the members present and voting at an Annual General Meeting.

 

  • Education Officer: the ECB recognised holder of this office for Cornwall will automatically be a committee member on an annual basis

 

  • The membership will have the right to vote onto the Committee at each AGM, up to two (2) further Committee members able to directly represent their interests; there shall be no specific representation on a County regional basis. These members will also fully participate in the work of the Committee including:

 

  • The work of any sub-committee created by the Committee to consider a specific issue(s) relating to the work of the umpires and scorers that furthers the Aims and Objectives.
  • The representation of any member’s concern, grievance or view to the Committee.

 

This task list is not exhaustive and may be amended by the Committee as appropriate to the work of the Committee in accordance with the Aims and Objectives.

 

g)     Discipline: Committee membership

 

Any Committee member, may be considered by the Committee for suspension and/or dismissal as a Committee member for alleged actions that could be construed as bringing disrepute to the Association, not being in accordance with the Aims and Objectives,

 

       Upon notice of the alleged actions in writing to the Honorary Secretary, the Honorary Secretary shall write to the Committee member concerned who shall have 7 days, following receipt, to respond to the alleged actions in writing to the Honorary Secretary for consideration at the next Committee meeting (including a Special Committee Meeting). Should the Committee decide that the allegations are exceptionally grave and require the most immediate action to protect the name of the Association, the Committee member concerned and the interests of other members, the Committee may temporarily suspend the Committee member until such time that the allegations may be examined by the Committee; such examination and decision must be made within 14 days of the allegations being made. The Committee member concerned shall have the right to make a personal presentation to the Committee. Having considered the full circumstances, any decision to dismiss a Committee member must follow a formal proposal that is seconded and receives a majority vote of those Committee members present and voting. The Committee member shall receive the decision of the Committee on the proposal of termination of Committee membership in writing. Any correspondence relating to the consideration and decision on the termination of Committee membership shall not form part of the minutes of any meeting and must not be shared with any person outside of the Committee without the express written consent of the Committee member concerned.

 

       The Committee member subject to the termination of membership of the Committee shall have the right of appeal at an Extraordinary General Meeting or to the Cornwall Cricket Board.

 

  h)    Discipline: ordinary membership

 

       The Committee may exclude from umpire appointments or dismiss from Association membership, any member of the Association who, by their proven actions, is considered by the Committee to have brought the Association into disrepute.

 

       Upon notice of the alleged actions in writing to the Honorary Secretary, the Honorary Secretary shall write to the member concerned who shall have 7 days, following receipt, to respond to the alleged actions in writing to the Honorary Secretary for consideration at the next Committee meeting (including a Special Committee Meeting). Should the Committee decide that the allegations are exceptionally grave and require the most immediate action to protect the name of the Association, the member concerned and the interests of other members, the Committee may temporarily suspend the member until such time that the allegations may be examined by the Committee; such examination and decision must be made within 14 days of the allegations being made. The member concerned shall have the right to make a personal presentation to the Committee. Having considered the full circumstances, any decision to suspend or dismiss a member must follow a formal proposal that is seconded and receives a majority vote of those Committee members present and voting. The member shall receive the decision of the Committee on the proposal of suspension or termination of membership in writing. Any correspondence relating to the consideration and decision on the termination of Committee membership shall not form part of the minutes of any meeting and must not be shared with any person outside of the Committee without the express written consent of the member concerned.

 

       The member subject to suspension or the termination of membership of the Association shall have the right of appeal at an Extraordinary General Meeting or to the Cornwall Cricket Board.

 

i)    Minutes of Meetings

 

       Minutes will be prepared by the Honorary Secretary to provide a faithful and complete record of the issues considered and decisions reached at:

 

  • Annual General Meetings
  • Extraordinary General Meetings
  • Committee meetings
  • Special Committee Meetings
  • Full Membership Meetings

 

Minutes are not required from sub-committee meetings but, at the completion of their task, the members of the sub-committee shall produce a written report, signed by all members of the sub-committee. The Committee may request an interim oral report from the sub-committee on the status of their work. Any member may request a free copy of the minutes of any meeting by application to the Honorary Secretary; such copies shall be complete in all respects and all or part of the contents cannot be erased, obliterated or amended once approved by the Chairman/Vice-Chairman in Committee.

 

7.  Voting Rights

 

          1.     The Committee shall decide whether a postal ballot of members will be adopted for any or all of the agenda items listed for an Annual or Extraordinary General Meeting. In a postal ballot of members, all members of the Association who are neither lapsed nor resigned at the time of the ballot shall have one vote on each item on the ballot agenda.

 

 2.  At an Annual General Meeting, all members of the Association present and voting at the meeting shall have one vote on each item on the agenda. A simple majority, by a show of hands, shall carry a resolution except that any proposed change to the Constitution shall require a two-thirds majority, by a show of hands, of the members present and voting, to be carried.

 

 3.  At an Extraordinary General Meeting, all members of the Association present at the meeting and voting shall have one vote on each item on the agenda. Any resolution will require a two-thirds majority by a show of hands of the members present and voting, to be carried.

 

 4.   At any meeting of the Committee (including a Special Committee Meeting), all members of the Committee shall have one vote on each item on the agenda. A simple majority by a show of hands shall carry a resolution. The President shall have the casting vote in the event of a tied vote on any agenda item. Persons co-opted onto the Committee may address the Committee but cannot vote on agenda items.

 

 5.     Notwithstanding the provisions of 1, 2, 3 above, in the event of equality of voting at an AGM or EGM, the resolution shall not be carried.

 

 6.    Notwithstanding the provisions of 5 above, in the event of equality of voting at an AGM or EGM where the failure to pass a resolution would result in financial or loss of assets to the Association, the Honorary Treasurer would be required to state the extent of the loss and a further vote then taken. In the further event of equality of voting, the resolution shall not be carried.

 

 7.   At any Full Membership Meeting, all members attending shall have one vote on each item of the agenda. A simple majority by a show of hands shall carry a resolution; the Chairman/Vice-Chairman shall have the casting vote in the event of a tied vote of those present and voting.

 

8.  Propriety

 

All officers of the Committee and members of the Association shall conduct themselves in accordance with this Constitution, with the Spirit of Cricket as set out in the preface to the Laws of Cricket and with the seven principles of public life laid down by the Nolan Committee on Standards in Public Life. They shall take decisions solely in the interests of the Association and not so to gain financial or other material benefits for themselves, their families or their friends. The Committee may seek to remove any officer or member who contravenes these principles in accordance with Clause 5(10).

 

9.  Meetings

 

A. The Annual General Meeting (AGM)

 

           The AGM shall be held during November of each year on a date to be notified at least 28 days in advance to all members in writing by the Honorary Secretary. The President will act as Chairman for the AGM; in the absence of the President, the membership shall appoint from their ranks an interim chairman to preside over the AGM until the new Chairman is appointed and able to take the Chair. The AGM shall be held for the following purposes:

 

  • To receive reports from the Chairman, Honorary Secretary, Honorary Treasurer and the Appointments Secretary for the past year.
  • To receive and approve the audited accounts for the past financial year.
  • To appoint an Honorary Auditor
  • Election of Honorary Members
  • Election of President.
  • Election of Committee.
  • To transact any other business of which proper notice has been given by the Honorary Secretary to members as above.

 

All nominations for membership of the Committee shall be in writing and shall be proposed and seconded by members of the Association to the Honorary Secretary not later than 14 days before the date of the AGM. No member may be nominated for the Committee without his prior approval in writing to the Honorary Secretary not later than 14 days before the date of the AGM.

 

In the event of no written nominations being received, the President shall allow oral nominations at the AGM and the member so nominated must be present to indicate his approval orally before a vote is taken. If the member is orally nominated but is not present, the nomination shall not be accepted unless the Honorary Secretary has received the nominee’s written approval not later than 14 days before the date of the AGM.

 

B. The Extraordinary General Meeting (EGM)

 

  • An Extraordinary General Meeting may be called by the Committee or be called at the written request to the Honorary Secretary of not less than five current members of the Association.

 

  • The call for an EGM must be restricted to the matters for consideration and, for best practice, should be restricted to not more than three separate issues to permit sufficient time for a full discussion.

 

  • An EGM must be held within 14 days of the decision by the Committee to convene an EGM or the receipt of a request to the Honorary Secretary to convene an EGM.

 

  • The Committee has no power to remove, modify or change in any way, issues brought to an EGM by the membership. There is no restriction on the issues that may be brought to an EGM provided that such issues are the proper business of the Association in accordance with the Aims and Objectives. The Honorary Secretary must notify the date, place, time, and issues to be considered at the EGM, to all members in writing not later than 14 days before the date of the EGM.

 

  •  Quorum - Fifteen members shall form a quorum at an Annual or Extraordinary General Meeting.

 

C. Committee Meetings

 

  • The Committee shall meet as frequently as may be required to properly manage the business of the Association. Meeting dates shall be agreed at the previous meeting and any subsequent changes must be notified to Committee members not later than 7 days before the rearranged meeting date.
  • Any Committee member may ask for an item to be placed on the agenda by writing to the Honorary Secretary not less than 14 days before the date of the next Committee meeting. 
  • A Special Committee Meeting may be called by any member of the Committee by application to the Honorary Secretary who shall call that meeting within 7 days of receipt of that request.
  • The Chairman/Vice-Chairman may also call a SCM to be held within 48 hours to consider a matter that may have exceptionally grave consequences for the Association and its members.

 

  • Quorum

 

a. A minimum of six Committee members shall constitute a quorum for a scheduled Committee meeting.

b. A minimum of eight Committee members shall constitute a quorum for a Special Committee Meeting, howsoever called.

 

  1.  Full Membership Meetings

 

There shall be at least four Full Membership Meetings per year; a minimum of 15 members shall constitute a quorum for a Full Membership Meeting.

 

10.  Umpire Assessments

 

In accordance with the Aims and Objectives, the Association will undertake the practice of umpire field assessments by the Captains of all teams in the Cornwall Premier Division (and other Divisions as appropriate). In addition to Captains’ marking, umpire assessments may also include

 

  • boundary assessments by senior, non-standing, fully qualified umpires
  •    consideration of Captains’ markings in determining future umpire appointments will be made, if necessary, by a Sub-Committee (known as the Appointments Sub-Committee), under Clause 5(10), consisting of three boundary assessors and the Appointments Officer from Season 2008. The boundary assessors and those on the Appointments Sub-Committee will be appointed annually by the Association Committee; the Appointments Officer is appointed annually by the membership (Clause 6(e))

 

Any member may appeal against a decision made by the Appointments Sub-Committee relating to his match appointments. An appeal shall be made in writing to the Honorary Secretary who shall immediately pass the appeal in confidence to the Appointments Sub-Committee who shall respond in writing to the member within seven days of receipt of the appeal giving their reasons for the selection of match appointments for that member. Should the member remain dissatisfied with the outcome of the appeal, he shall so inform the Honorary Secretary for consideration at the next Committee meeting for their final decision. The member concerned shall have the right to make a personal presentation to the Committee and an appeal to the Cornwall Cricket Board. The member shall receive the decision of the Committee on his appeal against match appointments in writing from the Honorary Secretary or from the Cornwall Cricket Board. Any correspondence relating to the consideration of the appeal whether to the Appointments Sub-Committee or the Association Committee shall not form part of the minutes of any meeting and must not be shared with any person outside of the Committees without the express written consent of the member concerned.

  

11.  General

 

  1. Insignia, clothing and emblems - these items and others related to the role of the umpire will be those of the ECBACO and only permitted to be worn by current ECBACO members when appointed to stand by the Association or the ECB.

 

  1. Funds and Assets - none of the funds or assets of the Association shall be paid to or distributed amongst members of the Association but shall be applied towards the furtherance of the Aims and Objectives of the Association whilst the Association exists.

 

  1. Dissolution

 

If the Committee decides that it is necessary or advisable to dissolve the Association, the Committee shall call upon the CC Board to undertake that task.

 

12.  Application of the Nolan Standards

 

            The standards are:

 

  1. Selflessness – the officers of the Association should act solely  in terms of the Aims and Objectives of the Association
  2. Integrity – the officers of the Association should not place themselves under any obligation to an individual or organisation that might seek to influence them in the performance of their duties.
  3. Objectivity – the officers of the Association should make decisions and choices on merit
  4. Accountability – the officers of the Association will be open to the scrutiny of members in accordance with the Terms of the Constitution
  5. Openness – the officers and Committee should inform the membership of the reasons for their decisions and what information has guided those decisions subject to commercial confidentiality
  6. Honesty – the officers of the Committee have a duty to declare any interest or other issues relating to their duties and not vote on matters that may call their motives into doubt

7.  Leadership – the officers of the Committee should promote and support the Association’s Aims and Objectives at all times.

 

 

Ratified at CACO AGM, November 2022

Martin Rolfe