NOTTINGHAMSHIRE COUNTY SAILING CLUB

NOTTINGHAMSHIRE COUNTY SAILING CLUB CONSTITUTION After the AGM November 2005 (no changes 2006) NAMES AND OBJECTIVES

1. The name of the Club shall be "The Nottinghamshire County Sailing Club". The burgee/logo shall incorporate an oak leaf in white with the initials "N C S C" in black all on a light blue background.

2. The object for which the Club was formed is to promote and facilitate the sport of sailing and to provide social facilities for members. The club is a non-profit making organisation. All profits and surpluses will be used to maintain or improve the club's facilities.

MEMBERSHIP

Categories and Votes of Membership

3. There shall be the following categories of membership with power to vote at all meetings of the Club. The rights and privileges of each class of membership are also indicated. For these purposes the full amenities of the Club are defined as the use of launching facilities, use of Club premises, participation in sailing events organised by the Club and social activities.

An Ordinary Member shall be over the age of 21 on 1st Jan, shall have one vote and shall be entitled to full amenities.
A Family Membership shall include one or two parents and all children, nominated by the parents, under the age of 18 years on 1st Jan or in full time education. Family Membership entitles the holders to the full amenities of the Club and to two votes.
Senior Membership is available to a person who is over the age of 18 and under the age of 21 years on 1st Jan and shall be entitled to one vote and the full amenities of the Club. Student Membership is available to any bona fide student in full time education and shall entitle such a member to one vote and full amenities of the Club.
Honorary Members shall be persons nominated by the Executive Committee and duly elected at an Annual General Meeting of the Club by two thirds of those present and entitled to vote. At no time, shall the total number of Honorary Members exceed six. Honorary Members shall be entitled to the rights and privileges (including voting rights) of their former membership category, immediately prior to their election as honorary member.
The following categories of membership have no power to vote: Junior Membership is available to a person under 18 on 1st January and has the written consent of his or her parents or guardian who will undertake to be responsible for that Junior Member when on Club premises.
Associate Membership (available to current Members only) shall entitle such a Member to the full amenities of the Club, except the use of the boat park and participation in any sailing activities and such a Member shall not be entitled to a vote, but on rejoining will not be required to pay a Joining Fee.
Social Membership shall entitle the member to use the Clubhouse and bar but not to any sailing or boat parking facilities. A social member wishing to become a full member shall pay the full joining fee and annual subscription.

Temporary Membership may be offered by any fully paid member to a person as his or her guest providing that the Member enters the name and address of the guest in the book kept by the Club for that purpose. A Temporary Member shall be entitled to the use of the Club premises, to participate in social events and may crew or helm for 4 races or 2 days only, with the exception of those whose application form has been seconded by an Executive Committee member and whose payment has been received. Member's Guests: No person whose application for membership has been rejected or who has been suspended or expelled from the Club shall be introduced as a guest. A member shall not introduce more than 4 guests on any one occasion, and no one shall be admitted as a guest more than 12 times in any calendar year. No guest shall be permitted to purchase intoxicants. The Member introducing a guest shall be responsible for the good conduct and observation of the Rules and byelaws of the Club by the guest and for any damage to the Club property and shall be present whilst the guest is on club premises. An Officer of the Club, shall have the discretion to refuse admission to Members' guests

Visiting Sailors: Any persons who are competitors; sailors; helpers; or officials; or who assist in any open meeting or series or in any race(s) sponsored or authorised by or on behalf of the Club shall be entitled to the use of the Club premises on the day of the event(s). They shall not be entitled to any other rights or privileges in connection with the Club. The name and full address of each such visiting sailor must be signed in a visitor's book or entry form. Day Sailing At the discretion of the Race Officer or person(s) nominated by the Executive Committee, non-members may be allowed to launch and sail their own craft, on payment of a fee

MEMBERSHIP ENTRANCE AND SUBSCRIPTION FEES

Application for Membership

4. Any person, from the whole community, who is interested in sailing is eligible for membership of the club. The candidate shall be proposed by a full or family member of the club and seconded by a member of the Executive committee who shall be personally introduced to the candidate. Each candidate shall submit such particulars as the Executive Committee may require to the membership secretary together with the appropriate subscription and entrance fees. They shall be able to enjoy temporary membership of the Club until the Executive Committee has considered their application and, by a simple majority vote, he or she has been elected a member. The Club reserves the right to refuse membership on non-discriminatory grounds. No person may be admitted to membership or to any privilege of membership without an interval of at least two days between nomination or application for membership and their admission.

5. Applications made by any candidate for membership may be considered by the Executive Committee at any of their meetings or by any Sub-Committee duly appointed by the Executive Committee for this purpose. If an application is approved, the candidate shall be elected a member of the Club. Upon election the Membership Secretary shall inform each candidate of this and shall provide a copy of the Rules.

Entrance and Subscription Fees

6. The entrance and subscription fees for each category of membership shall be proposed by the Executive Committee to the Members at a Special or Annual General Meeting. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on 1st Jan the following year.

7. All Members shall pay their annual subscription fees by the 1st day of January in each year. A member elected late in the season may pay reduced rates at the Executive Committees discretion. Temporary membership shall be at a fee determined by the Executive Committee Members' duty to provide an up-to-date address

8. Every Member shall provide the Membership Secretary with an up-to-date address and contact telephone number, which shall be recorded on a computer database, and any notice sent to such an address shall be deemed to have been duly delivered. Anyone who has objections to their name being stored this way should inform the Executive Committee in writing who will then keep the record separately.

Retirement of a Member

9. Any Member retiring from the Club shall notify the Membership Secretary in writing on or before the 31st January, of the year they are retiring. Upon re-application by a past Member the Executive Committee may at its discretion excuse the payment of a joining fee.

Arrears of Subscription

10. a) The Executive Committee may cancel without notice the membership of any Member whose annual subscription and other fees are more than 1 month in arrears. The Executive Committee may at it's discretion, reinstate such Member on payment of arrears together with such penalties as may be payable. No Member whose annual payments are in arrears may sail at the club or enter a club event or vote at any meeting. b) If any berthing fees payable to the club by any member or former member are three months or more in arrears: (i) The committee shall be entitled to move the boat, board or craft or trailer to any other part of the premises without being liable for any loss of or damage to the craft or trailer howsoever caused. (ii) The committee shall be entitled upon giving one months notice in writing to the member or former member, at the last known address shown in the club database, to sell a boat, board or other craft or trailer and deduct any monies due to the club (whether by way of arrears of subscriptions or berthing fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member. (iii) Alternatively any boat, board or other craft or trailer that in the opinion of the committee cannot be sold may, upon such notice aforesaid, be disposed of in any manner the committee may think fit and the expenses recovered from the member or former member. Any arrears as aforesaid shall be deemed to be a debt owing to the club by the member or former member. (iv) Further the club shall, at all times, have lien over members' or former members' boats parked or berthed on the club's premises in respect of all monies due to the club, whether in respect of arrears of berthing fees or subscriptions or otherwise.

Undertaking by Members to Comply with Rules

11. Every Member is deemed to have notice of and impliedly undertakes to comply with the Club Rules and the current sailing instructions and duty lists. Any refusal or neglect to do so or any conduct, which in the opinion of the Executive Committee is either unworthy of a Member or otherwise injurious to the interests of the Club, shall render a Member liable to expulsion or any other disciplinary action by the committee. Before expelling or disciplining a member, the Executive Committee shall call upon such a member for a written explanation of their conduct and shall give the member full opportunity to explain to the committee, or resign. A resolution to expel or discipline a member shall be carried by a simple majority vote of the full Executive Committee on a resolution by the Committee Complaints

12. Any Member wishing to make a complaint concerning the Club or any of its interests submit the complaint in writing to the Honorary Secretary for consideration at the next meeting of the Executive Committee.

OFFICERS Officers of the Club

13. The Officers of the Club shall consist of a: President, Commodore, Vice Commodore, Rear Commodore, Honorary Secretary, Honorary Treasurer, Sailing Secretary, Social Chairperson, Membership Secretary, Training Principal and a Bosun, who shall be elected at a Special or Annual General Meeting each year to hold office until the conclusion of the Annual General Meeting following. The retiring officers shall normally be eligible for re-election except that the Commodore, Vice Commodore and Rear Commodore shall not hold office in any one post for more than two years in succession. No candidate for election to any office (other than the retiring officers) shall be proposed unless the name of the candidate and of his a proposer and seconder shall have been sent to the Honorary Secretary at least 3 weeks before the date of the Annual General Meeting.

COMMITTEES

Constitution of Committee

14 a) In addition to the club officers, the Executive Committee shall consist of the retiring Commodore during the first year following retirement as Commodore, and up to six members of the club, who shall be elected at a Special or Annual General Meeting to hold office until the Annual General Meeting following. Each member of the Executive Committee shall be given responsibility for at least one aspect of the club's management. b) Candidates for election to the Executive Committee shall be those members of the retiring Executive Committee who shall offer themselves for re-election and such other Members of the Club whose nominations duly proposed and seconded by Members of the Club in writing shall have been sent to the Honorary Secretary at least 3 weeks before the date of the Annual General Meeting. Casual Vacancy c) If a casual vacancy occurs in any Committee by death or resignation or there is a failure at an Annual General Meeting to fill any post then the Executive Committee may co-opt a Member to fill the vacancy until the next Annual General Meeting. d) If the number of candidates duly proposed and seconded exceeds the number of vacancies to be filled the election shall be by ballot. e) No retiring Ordinary Member of the Committee shall be eligible for re-election who has failed to attend at least one third of the Committee meetings unless the Committee resolve that there was reasonable cause for failure to attend.

Sailing Committee

15 a) The Sailing Committee shall consist of a Chairperson (who shall be a Flag Officer), a Sailing Secretary and representatives of each fleet holding Class Status, a representative of the Training Committee and any other members decided by the Sailing Committee. b) The Sailing Committee shall organise and regulate all sailing activities of the Club to accommodate such sailing activities as the Members may require. Training Committee

16) The training committee shall consist of: the Training Principal, a sailing instructor, a windsurfing instructor, a club racing coach a powerboat instructor and a training bosun, and other members co-opted as agreed by the Training Committee.

Management of Club by Committee

17 a) The Executive Committee shall manage the affairs of the Club according to the rules and shall apply the funds of the Club to the objects for which the Club was formed. All other committees shall report to the Executive Committee and shall be under their final jurisdiction. b) The Executive Committee shall make such rules, regulations and by-laws as they think fit for the management of the Club and its premises and may lay down the conditions upon which any game may be played in the Club House and may prohibit any games, the playing of which would be unlawful by virtue of any Act of Parliament or would in the opinion of the Executive Committee be injurious to the interests of the Club. c) The Executive Committee shall inform the licensing authority and police of any changes to the Club's Constitution or alterations to the club premises. They shall also inform the Fire Department of any changes to the club premises d)No member shall, except for professional services rendered at the request of the Executive Committee, on any pretence or in any manner, receive any profit, salary or emoluments from the funds or transactions of the Club. e) No person shall be entitled to receive at the expense of the Club or of any Member thereof, any commission, percentage or similar payment with reference to purchases of intoxicating liquor by the Club. No person shall directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to Members or guests apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply, giving rise to or contributing to a general gain from the carrying on of the Club. f) No member shall use the Club address for his or her own business purposes g) The Executive Committee shall be the sole authority within the Club for the interpretation of these rules, bye-laws and regulations and the decision of the Executive Committee upon any question of interpretation or upon any matter affecting the Club and not provided for by these rules or regulations shall be final and binding on the Members. Treasurer h) It shall be the responsibility for the Honorary Treasurer to keep a complete and accurate account of the Club's finances, to render all returns as may be required by law, to prepare an Annual Balance Sheet as at the 30th of September in each year, to cause such Balance Sheet and Accounts to be audited and shall thereafter cause the same to be circulated amongst all Members and presented at the Annual General Meeting. A Membership Secretary shall be elected to deal with all membership enquiries and keep a Register of Members names and addresses.

18 a) A Social Committee consisting of the Social Chairperson, bar manager and at least two Members shall be elected at the Annual General Meeting and shall hold office until the next Annual General Meeting. They shall be responsible for the organisation of all social activities, the bar manager shall also manage the purchase of and supply by the Club of all intoxicating liquor. b) (i) The permitted hours for the supply of intoxicating liquor shall be fixed and may be varied by the Executive Committee on the recommendation of the Social Committee, in accordance with the statutory provisions in force. (ii) There shall be no supply of intoxicating liquor for consumption off the premises, except directly to a Member who has attained the age of 18 years. (iii) The permitted hours shall be displayed prominently in the bar area. c) There shall be no sale or supply of intoxicating liquor to any person under the age of 18 years. Neither shall such persons be allowed to consume intoxicating liquor on the Club premises. d) In accordance with Section 49, Licensing Act, 1964, there may be admitted to the Club House persons who are not Members of the Club or the guests of such Members for the purpose of formally organised occasions, and persons who are not Members of the Club admitted in connection with such functions may, if they have attained the age of 18 years, purchase or consume on the premises intoxicating liquor.

TRUSTEES

Number of and Terms of Trustees

19 There shall be at least 3 Trustees of the Club who shall be appointed by the Executive Committee of the Club from amongst Full, Family or Honorary Members who are willing to be appointed. Trustees shall hold office during their lifetime or until they shall resign by notice in writing given to the Executive Committee or until a Resolution removing them from office shall be passed at a meeting of the Executive Committee by a majority comprising two thirds of the Members present and entitled to vote. Property of Club Vested in Trustees

20 All land and investments of the Club shall be held by the Trustees in their own names, so far as is practicable on trust for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee the Executive Committee shall nominate a new Trustee and shall as soon as possible thereafter take all lawful and practical steps to secure the vesting of the Club property into the names of the Trustees as constituted after such nomination. For the purpose of giving effect to any such nomination the Secretary may appoint new Trustees of the Club, within the meaning of Section 36 of the Trustee Act 1925, and shall by Deed duly appoint the person or persons so nominated by the Executive Committee.

Powers of Trustees

21 The Trustees shall in all respects act in regard to any property of the Club in accordance with the directions of the Executive Committee and shall have power to sell, lease, mortgage or pledge any Club property for the purposes of raising or borrowing money (up to £20,000) for the benefit of the Club in compliance with the Executive Committee's directions which shall be duly recorded in the Minutes of the proceedings of the Executive Committee. No purchase, leasee or mortgage shall be concerned to enquire whether any such direction has been given

Indemnity of Trustees from Club funds

22 The Trustees shall be indemnified by the Executive Committee out of the assets of the Club from and against any liability costs, expenses and payments which may be properly incurred or made by them in the exercise of their duties or in relation to any property of the Club vested in them or in relation to any legal proceedings or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club. MEETINGS OF THE CLUB Annual General Meeting

23 An Annual General Meeting of the Club shall be held each year in the month of October or November on a date fixed by the Executive Committee. The Secretary shall post or deliver to each Member notice and the business to be brought forward, at least 14 days before the date of the meeting or any General Meeting.

Business of A G M

24 No business except the passing of the Accounts, the election of the officers and committees and any business convening the meeting shall be discussed at such meeting unless notice has been given to the Secretary at least 3 weeks before the date of the meeting.

Special General Meeting

25 The Executive Committee may on giving 14 days notice call a General Meeting of the Club for any specific business the nature of which shall be confined to that business only.

General Meeting upon Request of Members

26 The Executive Committee shall similarly call a General Meeting upon a written request addressed to the Secretary by at least 12 members. The discussion at such meeting shall be confined to the business stated in the notice sent to Members.

Chairperson at Meetings

27 At every meeting of the Club the President or the Commodore or in their absence, a Chairperson elected by those present, shall preside. 10% of Memberships and personally present, shall form quorum Voting At Meetings

28 Voting except on the election of Members of the Committee, shall be by show of hands and in case of equality of votes the Chairperson shall have a second or casting vote on any matter other than the election of Members of the Committee.

Voting On Rule Change

29 a) On any Resolution properly put to a meeting of the Club relating to the creation; repeal or the amendment of the constitution or any rule of the Club such rule shall not be created, repealed or amended except by a majority vote of at least two thirds of those present.

DISSOLUTION OF THE CLUB

30 The Club may be dissolved in the manner following: a) A proposal in writing for it's dissolution signed by not less than 25 Members shall be delivered to the Secretary not less than 3 calendar months before the meeting at which it is to be discussed. b) A copy of such proposal shall be sent to each Member together with forms for voting by proxy not later than one month before the meeting at which it is to be discussed. c) At the meeting at which such proposal is considered the Members may vote personally or by proxy on the forms with which they have been supplied. d) At such meeting at least two thirds of the Members of the Club must vote in favour of the motion for it to be carried. e) Any proposal for the dissolution of the Club must contain provisions for the disposal of the Club's net assets to be applied to Inland Revenue approved sporting or charitable purposes.

After AGM Nov 2005