CONSTITUTION of the MUNSTER BRANCH of HOCKEY IRELAND
(As amended at the Annual General Meeting of the Branch on the 16th. September 2020)
1. TITLE
The governing body for hockey in Munster shall be called the Munster Branch (hereinafter referred to as the “Branch”) of Hockey Ireland. The constitution of the Branch shall be in accordance with the Constitution and Rules of Hockey Ireland.
2. OBJECTIVES
The objectives of the Branch shall be;
a) to encourage, promote, develop, manage and control all hockey in Munster;
b) to administer the funds of the Branch;
c) to appoint employee(s) and/or contractors for the efficient administration of the objectives of the Branch;
d) to make, maintain and publish rules and regulations for the proper running of the Branch;
e) to ensure the safety of children by committing to the highest standards of child welfare and protection;
f) to do all such other things as may be necessary or conducive for the attainment of the above objectives.
3. MEMBERSHIP
a) (i) Membership of the Branch shall be open to any club or school or third level college situated in Munster or traditionally affiliated to the former Munster Branches wishing to participate in the game of hockey and any such club or school or third level college shall agree to be bound by the Constitution of the Branch.
(ii) The decision to grant membership shall be taken at the Annual General Meeting on the recommendation of The Management Committee. Notice of such recommendation for membership shall appear on the agenda of that AGM for approval. A club or school or third level college wishing to become a member of the Branch must complete the formal application to the Management Committee who can approve membership subject to ratification at the following AGM.
b) Membership shall be by affiliation as defined in Article 5.
c) Any club or school or third level college which is a member of the Branch shall not play in any fixture against another club or school or third level college without prior permission of The Management Committee unless that club or school or third level college is also a member of the Branch or a member Hockey Ireland.
4. HONORARY LIFE MEMBERS
Honorary Life Membership of the Branch may be conferred on a person whose services to the Branch are such that entitle that person to that distinction. Nominations shall be proposed at the Management Committee meeting immediately prior to the Annual General Meeting (AGM) and notice of such nominations shall appear on the agenda of that AGM for ratification.
5. AFFILIATION FEES
a) Each club or school or third level college shall pay annually to the Branch such Branch affiliation fees as may be determined at the AGM.
b) The Branch shall, on behalf of Hockey Ireland, collect HI affiliation fees from each club or school or third level college as determined by HI.
c) The amount of all such affiliation fees shall be forwarded to the Honorary Treasurer not later than the 1st of November in each year.
d) The Management Committee shall have the power to discipline and/or fine any club or school or third level college for late payment.
6. TRUSTEES
a) The Branch shall have no more than four (4) Trustees. The Trustees shall be deemed to be Trustees within the meaning of the Trustees Acts 1893 as amended.
b) The Trustees, on nomination by the Management Committee, shall be appointed by resolution on notice and supported by not less than two thirds of those present, entitled to vote and voting at a general meeting.
c) The property of the Branch shall be vested in the Trustees, who shall deal with the property and assets of the Branch as directed by resolution of the Annual General Meeting. The Trustees, in carrying out such duties, shall be indemnified by the Branch.
d) The Trustees, with the sanction of the Management Committee, shall have the right to sell, lease, or otherwise acquire land, buildings or other real or personal property or interest therein, in trust for the Branch and to borrow or raise money on the security on any land, buildings or property so acquired provided always that such decisions shall be passed by a two thirds majority at a general meeting. The Trustees, in carrying out such duties, shall be indemnified by the Branch.
e) A Trustee, on giving notice to the Honorary Secretary of the Branch, shall be entitled to attend and speak at any meeting of the Management Committee only in relation to his/her responsibilities as a Trustee but in such capacity shall not be entitled to vote. Trustees shall be entitled to receive all agendae, notices and minutes of the Management Committee meetings.
f) The Branch shall have power by resolution on notice, and supported by not fewer than two thirds of those present, entitled to vote and voting at a general meeting, to remove from such office any Trustee if the Management Committee, in its absolute discretion shall consider it either necessary or desirable in the interest of the Branch to so do.
g) If a vacancy shall occur in the number of Trustees by removal, resignation or death the number of Trustees shall be restored to four (4) at the next General Meeting.
h) The surviving or continuing Trustees shall have power to act notwithstanding any casual vacancy or vacancies in the number of Trustees.
7. OFFICERS
a) The Officers of the Branch shall be the President, Vice President, the Chairperson of the Management Committee, Honorary Secretary, Honorary Treasurer, and Public Relations Officer.
b) The President and Vice President with each position being occupied by persons of the opposite gender, where possible, shall each be elected for one year at the Annual General Meeting and each shall be eligible for re-election up to a maximum of three (3) consecutive years, after which the person shall not fill that office for a minimum period of eleven months.
The Vice- President will be selected in rotation from the clubs. Each club in rotation will be responsible for the provision of the Vice-President. The process of identifying a Vice-President may be done in conjunction with other clubs or schools.
c) Other Officers shall be elected for one year at the AGM and shall be eligible for re-election for further one year periods to a maximum of five consecutive years, after which the person shall not fill that office for a minimum period of eleven months.
d) The President shall represent the Branch and in his/her absence the Vice President shall represent the Branch.
e) Any vacancy arising amongst the Officers of the Branch shall be filled as soon as may be practical by an appointment by the Management Committee and the person so appointed shall hold office until the next AGM.
f) The Branch shall indemnify each of its Officers, officials and employees, when acting in good faith, against claims by third parties for liabilities arising out of their official duties for, or on behalf of, the Branch.
8. MANAGEMENT COMMITTEE
a) The Branch shall be governed by the Management Committee. The Management Committee shall consist of a maximum of fifteen members as follows:
• Chairperson,
• Honorary Secretary,
• Honorary Treasurer,
• Public Relations Officer,
• Ordinary members of the committee. Such members of the Management Committee will chair any Sub-Committees tasked by the Management Committee to undertake specific projects.
• The Chairpersons of the following Standing Committees:
Coaching & Development, Competitions, Schools, Youths
The chairperson of the Munster Hockey Umpires Association
The Committee shall appoint two (2) representatives (at least one of whom is a Committee member) to sit on the Four Provinces’ Committee (4P). One of these representatives will also sit on the 4P Advisory Committee to Hockey Ireland.
In the absence of the Hon. Treasurer, the Assistant Honorary Treasurer may attend the Management Committee meetings with full voting rights.
The President and the Vice President shall be ex officio members of the Management Committee.
The Committee shall elect its own Vice-Chairperson at the first meeting after the AGM.
b) Each Standing Committee and affiliated Association shall be entitled to send a substitute to attend a meeting of the Management Committee in the absence of the specified representative. Such substitute(s) shall be eligible to vote.
c) The Chairperson of the Management Committee shall be elected for one year at the AGM and shall be eligible for re-election for further one-year periods to a maximum of five (5) consecutive years, after which the person shall not fill that office for a minimum period of eleven months.
9. MEETINGS OF THE MANAGEMENT COMMITTEE
a) The Management Committee shall hold at least six (6) meetings in each year.
In the interest of expediting a matter at short notice, a decision of the Management Committee may be obtained by
a) Arranging a conference or skype call.
b) Circulating an e-mail to each member for their decision.
Such decision(s) will comply with the conditions as outlined in 9 (e)
b) The Chairperson shall chair the Management Committee Meetings and in his/her absence the Vice-Chairperson shall chair the Meetings. In the absence of both, a chairperson shall be elected from those present and entitled to vote.
c) The Management Committee shall have the power to fill any vacancy arising on the Management Committee during the year.
I. A special Meeting of the Management Committee shall be held when a request is made in writing to the Honorary Secretary by a majority of the Officers of the Branch outlining the purpose of the proposed meeting. The meeting must be held within seven (7) days of the making of the request, with at least three days’ notice given to all entitled to receive same.
II. A special Meeting of the Management Committee shall also be held when a request is made in writing to the Honorary Secretary by any three affiliated clubs, schools or third level colleges or a combination of same. Any such request by the latter, shall express the purpose of the proposed meeting and, upon receipt of the request plus a fee of one hundred Euros (€ 100), the Honorary Secretary shall immediately call a Special Meeting of the Management Committee. The meeting has to take place within fourteen (14) days of the making of the request, with at least seven days’ notice given to all entitled to receive same.
III. In the notice of any special meeting of the Management Committee, the Honorary Secretary shall specify the date, time and place of the meeting and the agenda for the meeting.
d) The quorum for meetings of the Management Committee shall be a fifty percent (50%) plus one of the members entitled to vote.
e) Every resolution validly proposed and seconded at Management Committee meetings shall be decided by a simple majority of votes of those present, entitled to vote and voting. Except as provided in (f) below, no person shall cast more than one vote.
f) In the case of equality of votes, the Chairperson of the meeting shall have a second or casting vote.
g) Any member of the Management Committee who fails to attend three consecutive meetings shall be deemed to have resigned.
10. EMERGENCY COMMITTEE
a) There shall be a committee of the Branch known as the Emergency Committee which shall consist of the Chairperson of the Management Committee, Hon. Secretary, Honorary Treasurer and Chairperson of the Competitions Committee. The President shall be an ex officio member of the Emergency Committee.
b) The Emergency Committee shall meet formally and shall have the power to transact urgent business on behalf of the Branch Management Committee between meetings but shall not have any greater powers than those vested in the Branch Management Committee.
c) The Management Committee may, by a two-thirds majority vote, decide to vary or rescind decisions by the Emergency Committee.
d) Notice required for a meeting of the Emergency Committee shall be at least 24 hours and the quorum shall be three.
11. ADJOURNMENT OF MANAGEMENT COMMITTEE MEETINGS
The Chairperson of a meeting may with the consent of a simple majority of those present, entitled to vote and actually voting, adjourn such meeting from time to time and from place to place.
12. POWERS AND DUTIES OF THE MANAGEMENT COMMITTEE
a) Subject to the overall authority of a General Meeting, the Management Committee shall be the executive authority of the Branch in all matters The role shall include, but shall not be limited to:-
1. Defining policy and development plans and ensuring they are carried out;
2. Appointing and removing members of the Standing Committees and framing and amending the Standing Committee Rules;
3. Keeping the financial position of the Branch under constant review and approving and monitoring budgets as submitted by the Finance Committee;
4. Appointing or nominating members to represent the Branch at Hockey Ireland Meetings and also on relevant outside bodies;
5. Filling vacancies in, and removing members from, Branch Management Teams;
6. Nominating Trustees for appointment by General Meetings;
7. Appointing staff as required and managing the employees of the Branch, including the provision of day to day guidance;
8. Nominating Honorary Life Members as provided for in Article 4;
9. Appointing sub committees and other working groups as appropriate;
10. Deciding upon matters not specifically covered in these Rules and Constitution;
11. Appointing such Disciplinary and Appeals Tribunals as may be required;
12. Amending and ratifying Branch Competition Rules.
b) The Munster Hockey Umpires Association is responsible and subject to the overall authority of the Management Committee of the Branch.
13. ANNUAL GENERAL MEETING
The Branch shall hold an AGM each year at a time and place to be fixed by the Management Committee taking into account the date of the AGM of Hockey Ireland. In the event of extenuating circumstances, the Management Committee, in its wisdom, may decide to hold the Annual General Meeting or an Emergency General Meeting by means of video conferencing.
At this Meeting the following business shall be transacted:
1. Apologies;
2. President’s address
3. Confirmation of the Minutes of the previous AGM;
4. Matters arising;
5. Report from the Chairperson of the Management Committee
6. Honorary Secretary’s Report (to include the Reports from the Schools, Competitions, Youths and Coaching & Development Standing Committees along with any other report relevant to Munster Hockey business);
7. Hon. Treasurer’s Report with Accounts prepared and reviewed by an accountancy firm;
8. Roll Call;
9. The Ratification of new Clubs
10. Proposals;
11. Election of Officers;
• President
• Vice President
• Chairperson of Management Committee
• Honorary Secretary
• Honorary Treasurer
• Public Relations Officer;
12. Confirmation of Competitions’ Secretaries;
13. Confirmation of Registrars for competitions;
14. Confirmation of Chairpersons of Standing Committees:
• Coaching & Development
• Youths
• Competitions
• Schools
15. Ratification of Chairperson of Munster Hockey Umpires Association;
16. Confirmation of Children’s Officer and Designated Person;
17. Election of members of the Standing Committees;
• Coaching & Development
• Youths
• Schools. Election of Ordinary members of the Management Committee;
18. Confirmation of Branch Representative to the AGM of Hockey Ireland;
19. Proposals for fixing of annual affiliation fees;
20. Appointment of Accountant;
21. Ratification of Bankers
22. General Business
14. SPECIAL GENERAL MEETING
a) A Special General Meeting may be convened at any time by the Management Committee. A Special General Meeting shall also be held when a request is made in writing to the Honorary Secretary by any five (5) affiliated clubs, schools or third level colleges or a combination of same, and is accompanied by a cheque for five hundred Euro (€500).
b) Each request shall include full written details of all business to be transacted at the proposed meeting. Upon receipt of the request the Honorary Secretary shall proceed to call a Special General Meeting within twenty-one (21) days giving at least fourteen (14) days’ notice of the meeting, specifying the date, time and place.
c) No business shall be transacted at a Special General Meeting other than that which is specified in the notice calling for the meeting circulated beforehand.
15. ANNUAL AND SPECIAL GENERAL MEETINGS
a) The Honorary Secretary shall give at least twenty-eight (28) days initial notice of the date and time of the AGM to all entitled to receive same, and fourteen (14) days’ notice in writing of the AGM specifying the date, time and place of the Meeting and including the agenda and details of any resolution(s) being proposed.
b) The notice shall be sent to the Officers, Honorary Life Members, the members of the Management Committee, the Trustees, and the Honorary Secretaries of each Club and of third level colleges. It shall also be sent to the Chairpersons of Standing Committees and the Umpires Association. The notice shall be sent to the Branch Schools’ Honorary Secretary who shall send a copy of the notice to schools affiliated to the Branch.
c) The President shall chair Annual and Special General Meetings. In his/her absence, the Vice-President shall chair the Meetings. In the absence of both, the Chairperson of the Management Committee may appoint a person to chair the meeting. In the absence of all three, those present and entitled to vote shall elect a person to chair the meeting.
d) Twenty-five (25) people present and entitled to vote shall constitute a quorum.
e) Voting shall be by ballot and there shall be no postal or proxy votes.
f) Every resolution at Annual and Special General Meetings shall be decided by a simple majority of votes of those present, entitled to vote and voting except for resolutions concerning amendments to the Constitution. Except as provided in (g) below, no person shall cast more than one vote.
g) In the case of equality of votes, the Chairperson of the meeting shall have a second or casting vote.
h) No amendments to the Constitution shall be made except by a resolution validly proposed and seconded at an Annual or a Special General Meeting supported by not fewer than two thirds of those present, entitled to vote and voting. Such changes shall come into force immediately unless the Meeting shall decide otherwise.
16. PROPOSALS TO GENERAL MEETINGS
Any proposal for a resolution for consideration, and voting thereupon, at any General Meeting shall be submitted in full, in writing, to the Honorary Secretary so as to arrive with him/her not less than 21 days prior to the meeting at which the proposal is to be considered and voted upon. Proposals may be submitted by members of the Branch, the Trustees, the Standing Committees, the Officers, and the Management, and may include proposed changes to the Constitution of the Branch, resolutions, and nominations for positions
17. VOTING ENTITLEMENT AT ANNUAL AND SPECIAL GENERAL MEETINGS
a) Those entitled to vote at Annual and Special General Meetings shall be:
(i) The Officers;
(ii) One delegate from each affiliated men’s section of a Club or third level college;
(iii) One delegate from each affiliated women’s’ section of a Club or third level college;
(iv) One delegate from each Standing Committee;
(v) One delegate from the Munster Hockey Umpires Association.
b) Such delegates shall be notified to the Honorary Secretary seven days prior to the AGM or Special General Meeting.
c) If any nominated delegates in (a) above cannot attend, they may be substituted, provided the names of the substitutes are sent in writing to the Honorary Secretary of the Branch not later than 4.00 p.m. on the evening prior to the day of the scheduled Meeting.
18. FINANCE
a) The financial year of the Branch shall end on the last day of December in each year.
b) A Balance Sheet and Income and Expenditure Account shall be prepared in respect of each financial year as soon as possible after the end of that financial year and shall be reviewed by a suitably qualified Accountant appointed annually at the AGM.
c) A copy of the reviewed accounts for the previous financial year shall be circulated to the Officers, Hon. Life Members, members of the Management Committee, Honorary Secretaries of each club and third level college, Chairpersons of each Standing Committee and of the Munster Hockey Umpires Association, at least fourteen (14) days prior to the AGM.
d) The Honorary Treasurer shall be responsible for the current accounts, deposit accounts or other accounts as may be authorised from time to time in the name of the Branch. Cheques shall be signed by the Hon. Treasurer. All cheques over seven hundred Euro (€700) and other documents relating to such accounts shall be signed by the Hon. Treasurer and one (1) of the specified authorised signatories to the Accounts.
e) Payments in excess of five thousand Euro (€5000) shall require prior approval by Management Committee.
19. STANDING COMMITTEES
There shall be the following Standing Committees, whose composition, appointment and responsibilities are set out in the following sections 20 to 23, and who, in addition, are responsible and subject to the overall authority of the Management Committee:
a) Coaching & Development Committee
b) Competitions Committee
c) Youths Committee
d) Schools Committee
Each Standing Committee shall elect an Honorary Secretary at its first meeting and shall notify the Honorary Secretary of the Branch. Each Standing Committee shall have the power to co-opt extra members as necessary. Any co-opted members shall be first approved by Management Committee.
Each Standing Committee shall meet at least five (5) times in each year. The President and (or nominated deputy for the President) shall have the right to attend any Standing Committee meeting in a non-voting capacity.
In addition to the responsibilities set out in the following sections, the Management Committee may delegate other responsibilities and functions to Standing Committees, from time to time.
The quorum for all meetings of each of the Standing Committees shall be 50% plus one of the membership present and entitled to vote.
Every motion validly proposed and seconded at meetings of Standing Committees shall be decided by a simple majority of votes of those present, entitled to vote and voting. No person shall cast more than one vote, except in the case of equality of votes, where the Chairperson shall have a second or casting vote.
No person shall be a member of more than two standing committees. A member cannot serve on any Standing Committee for more than five (5) consecutive years.
20. COACHING & DEVELOPMENT COMMITTEE
Membership of the Coaching & Development Committee shall consist of a minimum of five (5) members
• Chairperson plus four (4) elected members.
• President (or delegated to Vice President) Ex Officio
Responsibilities
The Coaching & Development Committee’s responsibilities shall include but shall not be limited to:-
• Coach education i.e. all aspects that concern the education of coaches.
• Coaching i.e. the process of coaching as part of the overall process of improving the sport.
• Providing input to any development plan; i.e. development, implementation and monitoring of plans in relation to the development of coaches and the training and progress of all players
• Research and design for the purpose of innovation and the continuous improvement of coaching.
• Liaise with the Senior National Coaches and High Performance Director to implement the strategy for International player development.
• Annually submitting a draft budget to the Finance Committee for their consideration and approval.
• Keeping expenditure within the agreed budget guidelines.
To achieve the above the Committee shall:
• In conjunction with the Hockey Ireland Coaching Committee, maintain and where appropriate improve a coach education system for hockey in Munster
• Provide on-going support and education for coaches through an agreed administrative structure.
• Establish a Munster coaches register.
• Ensure quality in coaching, by promoting a coaching style that is compatible with the Code of Good Practice safeguarding coaches and players at all levels.
• Support a disciplinary procedure that reflects the Code of Good Practice.
• Influence policies in hockey coaching and be consulted on all matters relating to coaching and coaches, including appointments, in Munster.
• Promote and protect the status of coaching and qualified coaches in .Munster.
21. COMPETITIONS COMMITTEE
Membership
The Competitions Committee shall consist of a maximum of fifteen (15) members
• Chairperson
• Fixture Secretary for Men’s Competitions
• Up to seven (7) Fixtures Secretaries for Women’s Competitions
• Registrar for Men’s Competitions
• Two Registrars for Women’s’ Competitions
• Member of the Schools Committee
• Appointments Secretary of the MHUA
• President (or delegated to Vice President) Ex Officio
Responsibilities:
The Competitions Committee’s responsibilities shall include but shall not be limited to:
• producing the annual fixture list for approval by the Management Committee;
• overseeing the organisation of all Branch competitions except those organised by the Schools Committee;
• ensuring that the Branch website is kept up to date with Fixtures, Results and League Tables
• coordinating the rules, including the eligibility rules, of all Branch competitions; and ensuring that these Rules are applied in a consistent manner.
• recommending to the Management Committee amendments to the disciplinary procedures;
• providing input to any development plan
• Liaising with the Competitions Committee of Hockey Ireland.
22. YOUTHS COMMITTEE
Membership
• The Youths Committee shall consist of a minimum of five (5) members.
• Chairperson plus four (4) elected members.
• Member of the Competitions Committee
• Member of the Coaching & Development Committee
• President (or delegated to Vice President) Ex Officio
Responsibilities
The Youths Committee’s responsibilities shall include but shall not be limited to:-
• coordinating the various leagues and Blitzes at Underage Level
• producing the annual fixture list for approval by the Management Committee;
• ensuring that the Children Awareness Policy is adhered to by all involved in Youths Hockey
• liaising with the Coaching & Development Committee regarding the development of Coaches at this level
23. SCHOOLS COMMITTEE
Membership The Schools Committee shall consist of ten (10) members
• Chairperson
• Member of the Competitions’ Committee
• Member of the Umpires’ Association
• Member of the Coaching & Development Committee
• Six (6) elected members: (Four representing Girls’ Schools Two representing Boy’s Schools)
• President (or delegated to Vice President) Ex Officio
Responsibilities
The Schools’ Committee’s responsibilities shall include but shall not be limited to:
• overseeing all second level schools competitions encompassing all age groups up to and including eighteen (18) years of age;
• providing input to any development plan;
• submitting an Annual draft Income and Expenditure Budget to the Finance Committee for inclusion in the Annual Budget.
• liaising with the Coaching & Development Committee regarding the development of additional coaches at this level.
24. DISCIPLINE
This Section addresses Disciplinary Matters, which are not addressed in Rule 12 of the Competition Rules of the MBHI
a) In the event of any affiliated club, school, third level college, Association, official, player, coach, umpire or member of an affiliated club, school third level college, Association on being reported to the Hon. Secretary for an alleged breach of the Rules and Constitution, or misconduct which is alleged to have brought the game into disrepute, the Management Committee shall appoint a Disciplinary Committee of not fewer than three persons to enquire into the alleged offence
b) If after fully investigating the alleged breach of misconduct and if the allegation is proven the Disciplinary Committee shall have the authority to expel or suspend the offending club, school, third level college, Association, official, player, coach, umpire or member or to deal with the matter in such manner as the Committee considers fit. The decision of the Disciplinary Committee shall be conveyed in writing by the Honorary Secretary to the offending club, school, third level college, Association, player, coach, umpire or member within seven (7) days of the hearing.
c) Any club, school, third level college, Association, official, player, coach, umpire or member found guilty by the Disciplinary Committee shall have the right to appeal to an Appeal Tribunal appointed by the Management Committee against any decision or punishment imposed by the Disciplinary Committee but such appeal must be lodged in writing with the Honorary Secretary within seven (7) days of the notification of the decision or punishment. The appellant(s) shall have the right to be accompanied at the appeal hearing by a person or persons of their choice but the names and details of such person or persons must be included in the letter of appeal The decision of the Appeal Tribunal shall be final. The appeal must be heard within seven (7) days of its receipt by the Honorary Secretary.
No member of the Disciplinary Committee shall be a member of the Appeal Tribunal.
25. FINANCE COMMITTEE
There shall be a sub-committee of the Branch called The Finance Committee.
Membership
The Finance Committee shall consist of four (4) members
• Chairperson (Hon. Treasurer of the Branch)
• Member Munster Hockey Umpires’ Association
• Member of Schools’ Committee
• Member of the Coaching & Development Committee
• President (or delegated to Vice President) Ex Officio
Responsibilities
The Finance Committee’s responsibilities shall include but shall not be limited to:
• Preparing Budgets for approval by the Management Committee
• Drafting initiatives for both cost savings and income (including Fund Raising) generation for presentation to the Management Committee.
• In conjunction with the Hon. Treasurer ensuring that the Accounts of the Branch are prepared correctly for Audit.
• Assessing and preparing for the Branch, when requested, the financial costing of all proposals.
• Preparing for the Management Committee any submissions for funding to sport support groups.
• Putting in place a Fund Raising sub – committee and implementing and reviewing fund raising initiatives.
26. APPEALS
In the event of an appeal in a matter, other than a disciplinary matter, any affiliate, club, school, Association, official, player, coach, umpire or a member of any affiliated club, school, or Association wishing to appeal shall do so in writing to the Honorary Secretary of the Association. The Honorary Secretary, who must receive the appeal within fourteen (14) days of the date of the notice of the original decision, reducing to five (5) days in respect of decisions to do with fixtures, shall then convene an Appeal Commission.
The Appeal Commission shall consist of three (3) officers of the Association who may be accompanied by advisors where necessary but it shall not include any person who has had a prior involvement in the matter being appealed. In the event of there not being three (3) officers eligible or available to form the Appeal Commission, the Chair of the Management Committee shall have the power to select an appropriate person or persons to complete the Appeal Commission. The Appeal Commission shall meet within fourteen (14) days of the date of the receipt of the notice of the appeal.
The letter of appeal shall state the reason or reasons for the appeal and shall be supported by an appeal fee of one hundred Euros (€100). The appellant(s) shall have the right to be accompanied at the appeal hearing by a person or persons of their choice but the names and details of such person or persons must be included in the letter of appeal.
Both parties to the Appeal shall have the right to be accompanied at the appeal hearing by a person or persons of their choice but the names and details of such person or persons shall be notified in advance of the hearing to the Appeal Commission. Each party to the Appeal shall not exceed three (3) in number and shall have a nominated spokesperson.
The Procedure for the Appeal Hearing shall be as follows:
• An Appeal Hearing must be held once the procedures outlined above have been complied with.
• The Appeal Commission give both parties four (4) days’ notice of the Appeal Hearing and in addition will notify both parties of the names of all those who will be attending.
• The Appeal Commission shall hear in the presence of both parties, unless otherwise agreed by all parties, the case presented by each party in the following sequence:
1. The appellant
2. The original decision maker (s)
• Both parties will have the right to respond to each other’s’ case
• The Appeal Commission will then discuss the Appeal in the absence of both parties,
• The Appeal Commission may, if they so wish, recall each or both parties individually or jointly for further clarification.
• The relevant parties shall be notified of the decision in writing by the Honorary Secretary within seven (7) days of the hearing.
In the event of the appeal being unsuccessful the appeal fee shall be forfeited to the funds of the Association unless the Appeal Commission decides otherwise. The decision of the Appeal Commission shall be final within the Constitution of the Munster Branch.
27. DISCIPLINARY APPEALS
In the event of a disciplinary appeal, any affiliate, club, school, Association, official, player, coach, umpire or a member of any affiliated club, school, or Association wishing to appeal shall do so in writing to the Honorary Secretary of the Association. The Honorary Secretary who must receive the appeal within fourteen (14) days of the date of the notice of the original decision shall then convene an Appeal Commission.
The Appeal Commission shall consist of three (3) officers of the Association who may be accompanied by advisors where necessary but it shall not include any person who has had a prior involvement in the matter being appealed. In the event of there not being three (3) officers eligible or available to form the Appeal Commission, the Chair of the Management Committee shall have the power to select an appropriate person or persons to complete the Appeal Commission. The Appeal Commission shall meet within fourteen (14) days of the date of the receipt of the notice of the appeal.
All parties to the appeal shall be communicated directly as outlined in Article 30 Notices in this Constitution.
All parties to the Appeal shall have the right to be accompanied at the appeal hearing by a person or persons of their choice but the names and details of such person or persons shall be notified in advance of the hearing to the Appeal Commission. Each party to the Appeal shall not exceed three (3) in number and shall have a nominated spokesperson.
28. DOPING CONTROL
The Branch accepts and adheres to The Anti – Doping Rules of Hockey Ireland which are the Irish Anti – Doping Rules as amended from time to time. (Appendix 1).
29. CODE OF ETHICS AND GOOD PRACTICE FOR CHILDREN’S SPORT IN IRELAND
The Branch is bound by the Code of Ethics for Children’s Sport in Ireland as set out by the Irish Sports Council. (Appendix 2).
30. NOTICES
All notices required to be given pursuant to this Constitution must be in writing and shall be deemed to have been received if either: (a) delivered personally; or (b) sent by ordinary pre-paid post to the last known address of the intended recipient. In addition such notices may also be sent by either (c) fax, on successful completion of the fax transmission; or (d) e-mail.
31. DISSOLUTION
No resolution for the dissolution of the Branch shall be passed except at an Annual or Special General Meeting and supported by not less than two-thirds of those present, entitled to vote and voting. In the event of such a resolution being passed, the Trustees shall realise the property of the Branch and shall make provision for its liabilities. The remaining assets at the date of dissolution shall be distributed in such a manner as shall be determined by an Annual or Special General Meeting, or if such a meeting so decides, by the Management Committee.
APPENDIX 1
ANTI DOPING – TESTING
Anti-Doping testing is the part of the National Anti-Doping Programme that acts as a broad deterrent to athletes to engage in clean, drug-free sport.
National Testing Programme
The Irish Sports Council manages the National Testing Programme for National Governing Bodies of Sport in accordance with the (ADD LINK http://www.wada-ama.org/en/World-Anti-Doping-Program/Sports-and-Anti-Doping-Organizations/International-Standards/Testing/). Under the National Testing Programme both urine and blood testing are completed. Testing can be completed either in-competition or out-of-competition.
In-Competition Testing is “the period commencing twelve (12) hours before a competition in which the athlete is scheduled to participate through the end of such competition and the sample collection process related to such competition.” In-competition takes place after the athlete has finished competing for the day.
For in-competition testing the Anti-Doping Officer (or other nominated person) acts as an Event Contact Person to liaise with testers.
Out-of-Competition Testing is “any period which is not in-competition.” Out-of-competition testing usually takes place at the residence or training grounds of athletes on the Registered Testing Pool or the training grounds of teams.
User-Pays Testing:
User-Pays testing is testing conducted in addition to the National Testing Programme on a contract basis for either National Governing Bodies or other Anti-Doping Organisations or for any major International Events taking place in Ireland.
Organisations who require user-pays testing should contact Siobhan Leonard, sleonard@irishsportscouncil.ie, 01-8608828 in the Anti-Doping Unit to discuss requirements.
Sample Collection Personnel:
The Irish Sports Council contracts Doping Control Officers (DCOs) and Chaperones (referred to as ‘testers’) as independent contractors to conduct testing in Ireland. These contractors are trained and accredited by the Irish Sports Council to conduct drug testing on behalf of the Council in accordance with the WADA International Standard for Testing and the Irish Sports Council Sample Collection Manual. If you are interested in getting involved in the programme in the role of a Doping Control Officer or Chaperones, please contact Siobhan Leonard, sleonard@irishsportscouncil.ie, 01-8608828, for further information.
Blood Collection Officers (BCOs) are qualified phlebotomists who take blood samples for blood testing.
The Council contracts Anti-Doping Organisations overseas to conduct testing outside of Ireland, where athletes are living or training outside of Ireland.
What Happens in a Drug Test?
All athletes have rights and responsibilities relating to Drug Testing in Sport.
Did you know you have the right to: Request to see the tester’s ID card – if the tester does not have their ID card, you have the right to refuse testing, however ensure you complete paperwork with the tester to this effect
Bring a representative to accompany you during the sample collection
Bring an interpreter to accompany you during the sample collection (if necessary)
Request a delay in reporting to the Doping Control Station (DCS) for a valid reason
For in-competition testing valid reasons include: Participation in a victory ceremony; Fulfilment of media commitments; Competing in further Competitions; Performing a warm down; Obtaining necessary medical treatment; Locating a representative and/or interpreter; Obtaining photo identification; or Any other exceptional circumstances which may be justified, and which shall be documented.
For out-of-competition testing valid reasons include: Locating a representative; Completing a training session; Receiving necessary medical treatment; Obtaining photo identification; Any other exceptional circumstances which can be justified, and which shall be documented.
Be offered a choice of sample collection equipment including sample collection vessel and kits
Request information regarding the sample collection procedure
Request modifications to the sample collection procedure if required, i.e. for athletes under the age of 18 or for athletes with a disability
Record comments about the sample collection procedure on the Doping Control Form
Receive copies of all documentation you have signed
You also have responsibilities relating to Drug Testing in Sport:
You must stay within sight of a tester at all times until you have provided your sample and are permitted to leave
Comply with the sample collection procedures and that the first sample you provide, after notification, is at the Doping Control Station and that you retain control of your urine sample until it is securely sealed
You should avoid excessive re-hydration as a there is a requirement to produce a sample with a suitable Specific Gravity for analysis
Report immediately for a test unless there is valid reason for a delay
You should produce identification such as a Driving Licence, Passport, Garda Age Card, NGB Licence Card etc
You must co-operate with the testers during the sample collection procedure
If you choose to consume food or fluids prior to providing a sample it is at your own risk
Will a minor be tested?
The decision to test athletes is not based on age; it is based on the level that the athlete is competing at. Minors competing at national level may be tested. When a minor is providing a sample they have the right to request their representative to be present in the toilet area. The representative will not witness the passing of the sample but are present to watch the actions of the Chaperone/DCO who is witnessing the sample. The athlete’s consent is required before their representative may enter the toilet area. If the athlete does not wish to bring their representative, the Event Contact Person or the National Children’s Officer for the National Governing Body will be requested to act as a representative for the athlete.
What if I refuse to be tested?
Although you are entitled to refuse to provide a sample please bear in mind that a refusal might be treated as a doping violation by your NGB. The tester will advise you of the consequences of failing to comply with sample collection procedures. The sanction for refusal is a period of ineligibility of up to 2 years from sport. For more information on sanctions, read the Consequences section of “Results Management” or read Article 7 of the Irish Anti-Doping Rules.
Testing by Authorities other than the Irish Sports Council
Testing worldwide should follow the principles of these sample collection procedures although there may be slight variations in the procedures, sample collection procedures or paperwork used by different anti-doping organisations, which will not affect the integrity of the process so long as the International Standard for testing is being followed. National teams should as much as possible use the sample athlete support personnel as athlete representatives in the doping control station so that there can be effective communication back to other team members of the particular doping control procedures being used, and why procedures common in other programs are not. If any issues arise during the testing procedures, please write your comments on the Doping Control Form at the time of testing.
APPENDIX 2
Code of Ethics for Children’s Sport in Ireland as set out by the Irish Sports Council.
The code of ethics is a substantial document and is available to download here
http://www.irishsportscouncil.ie/Participation/Code_of_Ethics/Code_of_Ethics_Manual/
APPENDIX 3
Code of Conduct for all involved in Munster Hockey
1. MINIMUM STANDARD OF BEHAVIOUR OF EVERY PLAYER
1.1 All Players are expected to behave in an appropriate and sporting manner, which includes the following:
a. Conduct themselves in a manner that takes all reasonable measures to protect their own safety and the safety of others.
b. Never use foul or abusive language or gestures.
c. Never use physical abuse or threatening or intimidating behaviour.
d. Respect the spirit of fair play.
e. Respect the rights of others, including umpires, officials, team management, other players and spectators.
f. Promote the reputation of hockey and take all possible steps to prevent it from being brought into disrepute.
g. Abide by the Code of Ethics and other good practice guidelines and policies issued by the MBHI.
1.2 Failure to abide by these standards may be considered a Disrepute Offence and will be dealt with by the MBHI Management Committee in accordance with the discipline rules and procedures of the Munster Branch of Hockey Ireland.
2. MBHI CLUB, SCHOOL, THIRD LEVEL COLLEGE AND ASSOCIATION CODE OF CONDUCT
2.1. This Code of Conduct applies to all affiliated clubs, schools, third level college, Associations, officials, players, coaches, umpires, or members of an affiliated club, school third level college, involved in hockey in Munster.
2.2. It is the responsibility of clubs, schools, colleges and associations to regulate the behaviour of their players, officials, members and spectators.
2.3. Each participating club, school or third level college entering an MBHI Competition shall be required to have an established internal disciplinary procedure to deal with SERIOUS DISORDERLY, ABUSIVE, OFFENSIVE OR IMPROPER behaviour by players, officials, members and spectators prior to, during and after any MBHI Competition match or event. This extends to behaviour toward umpires, officials, members of MBHI or representatives.
2.4. Any behaviour that does not meet the standard of behaviour outlined below, that is reported to the MBHI may be considered as a Disrepute Offence and will be dealt with by the MBHI Management Committee in accordance with the discipline rules and procedures of the MBHI.