Sully Sailing Club
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Sully Sailing Club
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Constitution Section 5 - Meetings of the Club Section 6 - Dissolution of the Club 1. The Club shall be called Sully Sailing Club, hereinafter referred to as the Club 2. The main object for which the Club is formed is to promote community participation in, and facilitate, the sport of sailing and also to assist in the training of inexperienced and younger members. 3. The officers of the Club shall be Individual or Family members of the Club and be drawn from among the sailing members of the Club committee, which shall be elected by the members present at an Annual General Meeting. The Officers shall consist of a Commodore, a Vice Commodore, a Secretary and a Treasurer. Officers shall be elected by the members of the committee at the first ordinary meeting after the Annual General Meeting, having thus held office for one year. All officers of the Club shall be eligible for re‑election. 4. The Secretary shall: a) keep a register of club members' names and addresses b) conduct the correspondence of the Club c) keep custody of all Club document d) keep full minutes of all meetings of the club, which shall be confirmed and signed by the appropriate chairman upon the agreement of the committee at the next following meeting of the club committee. e) establish contact with the club's legal adviser, if there is one, to ensure that the club's affairs are managed in accordance with current law. 5. The Treasurer shall: a) cause such books of account to be kept as are necessary to give a true and fair view of the state of the finances of the Club. b) administer such insurance policy/policies as may be needed fully to protect the interests of the club, its officers and members. c) cause all returns as may be required by law in relation to such accounts to be rendered at the due time. d) prepare an annual balance sheet in time for the last committee meeting before the Annual General Meeting and cause such balance sheet to be audited at least once annually and shall cause the same to be exhibited in the club premises at least 14 days before the date of an Annual General Meeting. 6. The Appointed Auditors shall: a) be appointed by the Committee in each year. b) audit the accounts of the Club when called upon so to do and give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or by the committee c) if the auditors are unwilling or unable to act, inform the committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting. 7. There shall be the following categories of membership with power to vote at all meetings of the club as indicated hereunder. The rights and privileges of each category of members are as defined in the latest edition of the bye‑laws of the Club a) an Individual Member ‑ being a person who, at the date of election, is over the age of eighteen shall have one vote. b) a Family Member ‑ which expression shall include one or two parents (as may be) and all children under eighteen years of age. The family unit shall have one vote, exercisable by either parent. c) a Youth Section Member ‑ being a person who, at the date of election to membership is under eighteen years of age, shall have no vote in any general meeting, but shall be entitled to elect from amongst the Youth Section two representatives who shall have the right to vote as a full member at all meetings, and on the committee. d) an Associate Member ‑ one who at the date of election does not propose to use the facilities of the Club to engage in sailing on a regular basis but who wishes to be associated with the Club and play a part in certain functions carried out by the Club, those functions to be determined from time to time by committee members and that member shall have no vote. e) an Honorary Member ‑ who shall be nominated and elected in the manner described below and shall have no voting powers. 8. The rate of Joining and Subscription Fee for each category of membership shall be proposed by the committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative with immediate effect. The current rate of Joining and Membership fees shall be displayed prominently in the Club premises. 9. Members shall also pay the following annual payments: a) an annual boat permit fee of such a sums as the committee shall from time to time prescribe which shall entitle a member to a space in the Club's compound. These fees shall apply for the year or any part thereof. b) All members shall pay the Joining fee and their first annual subscription upon election to the Club and thereafter on the first day of the Club's financial year each year: provided that a member elected after the first day of September in any year shall pay half the annual subscription applicable for that year and that a member elected after the first day of November in any year shall not be required to pay any subscription in respect of the year of election, but shall pay on election the Entrance Fee and the Annual Subscription in respect of the year following election 10. Every member shall furnish the Secretary with an up‑to‑date address which shall be recorded in the Register of Members and any notice sent to such address shall be deemed to have been duly delivered. a) Membership of the club shall be open, and not unreasonably restricted on grounds of age, disability, race or nationality, sex or sexual orientation, religious, political or other opinions, to any person in the area who is prepared to accept and support the objectives of the Club. Every candidate for membership (except candidates for Honorary Membership) shall be proposed and seconded for election by an Individual or Family member of the club. b) The Committee, acting on behalf of the Club, may refuse membership, or expel from membership, only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made to the entire Club membership and decided by a majority vote. 12. Application for membership: an application for membership shall be in the form from time to time prescribed by the Committee and shall include the name, address and occupation of the candidate, and the signatures of the Proposer and Seconder. 13. The election of all classes of members is vested in the Committee and shall be by a simple majority vote of those members present and voting at the relevant meeting of the Committee. The Secretary shall inform each candidate in writing of the candidate's election or non‑election. He shall furnish an elected candidate with a copy of the Constitution of the club and make request for such payments as are necessary. 14. Upon election, a candidate shall pay, within one calendar month, such fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for the delay be shown. 15. A member who, for any reason anticipates inability to use the Club or its facilities for the whole of any one year may be excused payment of the annual subscription (but not compound boat storage fees if one or more boats are kept in the compound by the member) provided that notice in writing is given to the Secretary before the first day of the last month of the Club's financial year. A member wishing to be reinstated during the year in question shall pay such portion of the annual subscription, as the committee shall decide. 16. A member desirous of retiring from membership shall give notice in writing to the Secretary before the last day of the penultimate month of the Club year and shall not then be liable to pay the subscription for the following year. Upon re‑application by a past member the committee may, at its discretion, excuse the payment of a Joining Fee. 17. The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than three months in arrears provided that the committee may, at its discretion, reinstate such member upon payment of arrears. No member whose annual payments are in arrears may enter any Club event or regatta nor vote at any meeting. 18. The income and property of the club shall be applied solely towards promoting the club’s objects as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, to members of the club. 19. Every member, upon election and thereafter, is deemed to have notice of, and by implication undertakes to comply with, the Club rules and the current regulations of the Club. Any refusal or neglect to do so, or any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the Club, shall render a member liable to expulsion by the Committee. PROVIDED THAT before expelling a member, the Committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the committee, or of resigning. A resolution to expel a member shall be carried by a simple majority vote by those members, who must form at least a quorum, of the Committee present and voting on the resolution. 20. Members shall ensure that names of all guests sailing with them are entered in the Club logbook. Not more than three guests may be allowed per member at any one time and the same guest may not be introduced to sail with the Club more than six times in one calendar year. Members are held solely and completely responsible for the conduct and safety at sea of their guests. 21. A member shall not knowingly remove, injure, destroy or damage any property of the club and shall make restitution for the same if called upon to do so by the Committee or by the Secretary upon the instructions of the Committee. 22. A member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of an Officer of the Committee. 23. Complaints of any nature relating to the management of the Club premises shall be addressed in writing to the Secretary. 24. A member of any club affiliated to the RYA may be authorised to use the premises of the Club by any member of the committee of the Club. Such authorisation shall specify between which dates (not being more than fourteen days apart) the said person may so use the premises. A fee may be charged. 25. A notice shall be displayed in the Club premises indicating the limitation of the Club's liability as follows: Members, their guests and visitors are bound by the following rule: Members of the Club, their guests or visitors may use the Club premises, and any other facilities of the Club, entirely at their own risk and by implication accept that: a) the Club will not accept liability for any damage to or loss of property belonging to members, their guests or visitors to the Club. b) the Club Will not accept any liability for personal injury arising out of the use of the Club premises and any other facilities of the club either sustained by members, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect default or negligence of any of the Officers, committee or servants of the Club. 26. The Committee shall consist of the Officers, ex officio, and not less than four nor more than ten Individual or Family members of the Club elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting. 27. Candidates for election to the Committee shall be Full or Family members whose nominations (duly proposed and seconded by Full or Family members of the Club) with their consent shall be made at or before the Annual General Meeting of the Club. Nominations made before the Annual General Meeting shall be made in writing to the Secretary and shall contain the names of the Proposer and Seconder and the signature of the Candidate indicating acceptance of the nomination. 28. If the number of candidates for election to Committee exceeds the number of members required to fill the total number of vacancies a secret ballot shall be held at the Annual General Meeting, the votes cast for each candidate being announced in descending order until a sufficient number of successful candidates have been arrived at. In the case of an equal number of votes being cast for candidates at the lower margin of number of votes cast, a further ballot shall be held to determine which candidate is to be successful. In the event of a further tie, the candidate with the greatest number of votes shall have the casting vote. In the event that the number of nominated candidates does not exceed the total number required, those nominated shall be deemed to be elected as members of the Committee. In the latter case, further members of the Committee may, with the agreement of the member concerned, be co‑opted at the discretion of the Committee at any time. The Committee may co‑opt a Youth member as a member of the Committee at any time. 29. A retiring Commodore shall serve if he/she so wishes as an ex‑officio member of the Committee for the year immediately following retirement and as such shall be considered to be a supernumerary member of the Committee and not counted among the total allowed number of members. 30. The Committee shall meet at least every two months making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The Commodore or in his absence the vice‑Commodore shall preside. In the absence of both a Chairman may be elected by those present for that meeting only. Any member who fails to attend committee meetings without good reason will be deemed to have relinquished their office. 31. Voting (except in the case of a resolution relating to the expulsion of a member) shall be a show of hands. In the case of equality of votes, the Commodore or Chairman shall have a second and casting vote. 32. Five members personally present shall form a quorum of the Committee.
33. The Committee shall conduct and manage the affairs of the Club according to the Constitution and Rules and shall cause the funds of the Club to be applied solely to the objects of the Club. 34. The Committee shall make such Rules as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises for fourteen days before the date of implementation. 35. The Committee shall appoint such sub‑committees as it may deem necessary and may delegate such of its powers as it may consider fit upon such terms and conditions as deemed expedient and/or required by law. Such sub‑committees may consist of any members of the Club as considered appropriate by the Committee and Officers of the Club shall be ex‑officio members of all sub‑committees. 36. A member of the Committee, of a sub‑committee or any Officer of the club, in transacting business for the Club, shall disclose to third parties that he is so acting. 37. Any person or persons delegated by the Committee to act for the Club or its members shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in General Meeting, pledge the credit of the membership. Any two Club Officers shall sign all cheques in respect of payment made on behalf of the Club. 38. In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club. The limit of an individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General meeting of the Club. 39. The Committee may nominate for election at Annual General Meeting such Honorary Members as the Committee may think fit. The total of such Honorary Members shall not at any time exceed five percent of the total number of members. The election of Honorary Members shall be put to the vote at the Annual General Meeting each year and such honorary members shall be duly elected if two thirds of those present and entitled to vote, vote in favour. Section 5 - Meetings of the Club 40. An Annual General Meeting of the club shall be held each year in the month of February, on a date to be fixed by the Committee. The Secretary shall at least fourteen days before the date of such meeting or of any General Meeting as hereinafter mentioned, post or deliver to each member notice thereof and of the business to be brought forward thereat. 41. No business, except the passing of the accounts and the election of the Committee and appointment of Auditors and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Secretary at least 21 days before the date of the Annual General Meeting. 42. The Committee may at any time, upon giving twenty‑one days notice in writing, call a General Meeting of the club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members. 43. The Committee shall similarly call a General Meeting upon a written request addressed to the Secretary by at least 5 Individual or Family members. The discussion at such meeting shall be confined to the business stated in the notice sent to members. 44. At every Meeting of the Club, the Commodore or, in his or her absence the Vice‑commodore or other chairman elected by the members present shall preside. 45. Five members entitled to vote and personally present shall form a quorum at any meeting of the Club. 46. Individual and Family members may vote at any meeting of the Club, together With two Youth Section representatives elected by fellow Youth Section members. Other members may attend and speak but are not entitled to vote. 47. Voting, except upon the election of members of the Committee where the number of candidates exceeds the number of vacancies, shall be by a show of hands. 48. In the case of an equality of votes the Commodore or Chairman shall have a second or casting vote, on any matter other than the election of members of the Committee. Section 6 ‑ Dissolution of the Club 49. In the event of the dissolution of the Club, any assets remaining after the satisfaction of all its debts and liabilities, shall not be paid to, or distributed among, the members of the Club, but shall be given or transferred to one or more of the following approved sporting or charitable bodies; 1) A registered charitable organisation (s) 2) Another club which is a registered CASC 3) The sports national governing body for use by them for related Community sports. 50. The present Rights of each category of membership shall be as follows.. An Individual Member shall have the full use of all the Club facilities, as shall a Family member and an honorary member. An Associate member shall have the rights as defined in Paragraph 7(d). A Youth member shall have the full use of all the Club facilities. 51. A Temporary member (which expression may include members of another RYA affiliated club or organisation) shall have the full use of the Club facilities but: a) shall have no right to enter club races or regattas unless specifically authorised by the Secretary or Committee. b) shall have no right to introduce visitors to the club or the facilities thereof. c) shall have no right to take any part in the management of the club. d) is deemed to have notice of and implicitly undertakes to comply with the Club rules, current Byelaws and Regulations as if he/she were a member of the Club and so far as the said Rules, Byelaws and regulations may be deemed to apply to such Temporary member. e) shall be liable to expulsion from the Club premises or prohibited from using the Club facilities if, in the opinion of the Secretary, he or she shall not have reasonable complied with the above conditions. 52. Cars may only be parked in areas designated for such parking so as not to cause any obstruction to other users. 53. In addition to the powers given to the Committee under Rule 17 and Rule 33 hereof if, at any time, any fees payable to the club by any member or former member shall be three months in arrears and a boat and/or equipment the property of a member or former member remains upon the club premises, the Committee may - a) Move the vessel to any other part of the compound without being liable for any loss or damage to the vessel howsoever caused; b) Give one month's notice in writing by recorded delivery letter to the member or former member at his last known address as shown in the Club records and thereafter sell the vessel and deduct any monies due to the club (whether by way of arrears of subscription or annual payments, dinghy parking fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member. c) If the vessel is in such condition as to make it unfit for sale, after giving notice in writing as aforesaid, dispose of the vessel in any manner the Committee may think fit and deem the cost of doing so and any arrears as aforesaid to be a debt owing to the club by the member or former member; PROVIDED ALWAYS THAT: Proper evidence is available to show that all reasonable steps have been taken to trace the member or former member and that when and if the vessel is sold the proceeds of sale (less any indebtedness by the member or former member to the Club) shall be placed upon Bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member or otherwise) for a period of six years. 54. Members are required to possess third party insurance in respect of each of the boats kept on or using club premises, such insurance to be of at least the minimum sum determined from time to time by the Committee and notified to all members in the rules of the Club.
On behalf of Sully Sailing Club Signed…R.P.Mather Position……Commodore Signed…E.Hooper Position……Vice Commodore
1 Adopted at Extraordinary General Meeting dated 3rd October 2007. Amended at Annual General Meeting dated 5th March 2008. |
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