Brighton Sailing Club

RYA

 

 

BRIGHTON SAILING CLUB

 

CONSTITUTION

 

The rules are divided into the following sections:

 

 

1.

Names and Objects

 

2.

Officers

 

3.

Membership

 

4.

Management Committee

 

5.

Trustees

 

6.

Meeting of the Club

 

7.

Dissolution of the Club

 

8.

Byelaws, Etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 1 - Name and Objects

 

 

 

 

1.

The name of the Club shall be The Brighton Sailing

 

 

Club (hereinafter referred to in these rules as the club).

 

 

2.

The object on which the club is founded is to provide facilities for and promote participation of the whole community in the sport of sailing and also to provide social and other facilities for members as may be from time to time determined.

 

 

 

 

 

 

 

Section 2 - Officers

 

 

Officers

of the

Club

*3

The Officers of the club shall be Full or Family members of the club and shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore, an honorary membership secretary an Honorary Secretary and an Honorary Treasurer. Officers shall be elected at the Annual General Meeting in each year and shall hold office for up to three years, retiring at the termination of the Annual General Meeting in each year. All Officers of the Club shall be eligible for re-election.

 

 

 

Duties of [Honorary] Secretaries etc

 

 

4.

The Honorary Secretary shall:-

Duties

of Honorary

Secretary

 

(a)

 

Keep a register of club members' names and addresses;

 

(b)

Conduct the correspondence of the club;

 

 

(c)

Keep custody of all club documents;

 

 

(d)

Keep full minutes of all meetings of the club, the Committee and sub-committee which shall be confirmed and signed by the appropriate Chairman upon the agreement of the club, the Committee or sub-committee at the next following meeting of the club, the Committee or [sub-committee;

 

 

(e)

Administer such insurance policy or policies as may be needed fully to protect the interests of the club, its Officers and its members;

 

 

(f)

Maintain contact with the club's Legal Advisor to ensure that the club's affairs are managed in accordance with current law.

 

 

(g)

Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.

 

 

5.

The honorary Treasurer shall:-

 

Duties of

Honorary

Treasurer

(a)

Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the club.

 

 

(b)

Cause all returns as may be required by law in relation to such accounts to be rendered at the due time.

 

 

(c)

*Prepare an Annual Balance Sheet as at 1st December in each year and cause such Balance Sheet (and accounts as necessary) to be audited at least once annually and shall thereafter cause the same to be exhibited in the club premises at least fourteen days before the date of the Annual General Meeting.

 

 

6.

The Honorary Auditors shall:-

 

 

(a)

Be appointed at the Annual General Meeting in each year [and shall be two appropriately qualified members of the club];

 

Duties of Honorary

Auditors

(b)

The Auditors shall audit the accounts of the club when called upon to do so and shall 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 either is 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.

 

 

 

Section 3 - Membership

 

 

Categories and votes of

Membership

 

7.

Membership of the club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation religion or beliefs; or of age, sex or disability except as necessary consequence of the requirements of sailing as a particular sport.

 

 

 

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 byelaws of the club.

 

 

 

A FULL MEMBER - being a person who, at the date of election, is over the age of eighteen shall have one vote.

 

 

 

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.

 

 

 

A JUNIOR MEMBER - being a person who, at the date of election, is under the age of eighteen shall have no vote.

 

 

 

Such a member shall be one who at the commencement of the subscription year joins the club other than as a full member or a family member.

 

 

 

AN HONORARY MEMBER - who shall have no vote.

 

 

 

A SOCIAL MEMBER - who shall have no vote.

 

 

 

A TEMPORARY MEMBER - who shall have no vote.

 

A temporary member will be a visiting sailor attending the club for the purposes of an open meeting or other organised sailing event. All other persons who are not members attending any event at the club shall be considered a guest.

 

 

 

Other categories of membership may be allowed as voted for at the AGM and shown on the membership form.

 

No member except a TEMPORARY MEMBER may use the club premises, or any of the facilities of the club until forty-eight hours have elapsed from the date of posting of notice of election.

 

 

 

* Candidates for membership shall have no privileges whatsoever in relation to the use of the club or premises.

 

 

Membership Entrance & Subscription Fee

8.

The rate of joining fee 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 on the first day of January in the year following. The current rate of joining and Subscription fee shall be prominently displayed in the club premises.

 

 

9.

 

 

(a)

 

Members shall also make the following annual payments:-

 

An annual boat permit fee of such a sum as the Committee shall from time to time prescribe which shall entitle a member to a space in the club's boat park.

 

 

(b)

Such an annual sum as shall from time to time be demanded to defray the club's subscription to the RYA as a Fully Affiliated club.

 

All members shall pay the joining fee and their first annual subscription upon election to the club and thereafter on the first day of January in each year.

 

Provided that a member elected after the first day of August 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.

 

Members'

duty to provide an up to date address

 

10.

Every member shall furnish the Honorary Secretary with an up-to-date address which shall be recorded in the Register of Members and any notice sent to such address as shall be deemed to have been duly delivered.

 

 

Election and retirement of members

 

Candidates for election

11.

Every candidate for membership (except Honorary Members) shall be proposed and seconded by a Full or Family member of the club, prospective members may be invited to appear before the committee.

 

 

Application for membership

12.

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 the Seconder.

 

 

 

 

Election of Members

*13

Upon receipt of an application for membership, the Honorary Secretary shall enter such application in a Register of Candidates and shall cause the application form to be prominently displayed in the club premises for at least fourteen days before the meeting of the Committee at which such application for membership shall be considered. The election of all classes of members is vested in the Management Committee and shall be a simple majority vote of those of the Management Committee. The Honorary 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 Rules and Byelaws of the club and make request for such payments as are necessary.

 

 

Payment of Fees upon Election

14.

Upon election, a candidate shall pay, within one calendar month, such Entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay be shown.

 

 

One years temporary absence of member

15.

A member who, for any reason, anticipates inability to use the club or its facilities for the whole of any one year shall be excused payment of the annual subscription and other annual fees provided that notice in writing is given to the Honorary Secretary before the last day of November in the previous year. A member wishing to be re-instated during the year in question shall pay such portion of the annual subscription as the Committee shall require.

 

 

 

Retirement of a member

16.

A member desirous of retiring from membership shall give notice in writing to the Honorary Secretary before the last day of November 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 payment of an Entrance Fee.

 

 

 

Arrears of Subscription

17.

The Committee may cancel, without notice 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, re-instate such member upon payment of arrears. No member whose annual payment are in arrears may enter any club event or regatta nor vote at any meeting.

 

 

 

Conduct of Members

 

Under-taking by members to comply with rules

18.

Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Club Rules and the current Byelaws and 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.

 

 

 

Expulsion

of members

 

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 of the Management Committee present and voting on the Resolution.

 

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 in to disrepute. Any appeal against such a decision may be made to the club's members and decided by a majority vote.

Guests in the Club

19.

Members shall enter the names of all guests in the Visitor's Book. The same guest may not be introduced more than six times in any calendar year.

 

Damage to club property

20.

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 [Honorary] Secretary upon the instructions of the Committee.

 

Exhibiting of notices

21.

A Member shall not cause any communication in whatever form to be exhibited on club notice boards or premises without permission of the Honorary Secretary.

 

Settlement of Accounts

22.

A member shall settle any indebtedness for refreshment or otherwise before leaving the club premises, or in accordance with any byelaw relating to the settlement of such indebtedness.

 

Suggestions

23.

All suggestions shall be entered in the Suggestion Book and signed by the Member.

 

Complaints

24.

Complaints of any nature relating to the management of the club premises shall be addressed in writing to the Honorary Secretary. Under no circumstances shall a servant of the club be personally reprimanded by a member.

 

Members of other RYA Clubs

25.

A member of any club affiliated to the Royal Yachting Association (a list whereof is published by the said Association) 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.

 

Competitors in club races

26.

Any person who is a competitor or crew member in any race sponsored by or on behalf of the club is entitled to the use of the club premises within a period of 24 hours before and after the race in which they are competing.

 

Power to expel those admitted under rules 25 & 26 hereof

27.

The Honorary Secretary or any other person who has received the authority of two members of the Committee, may expel, temporarily or permanently, any person who has the right to the use of the club premises only under Rules 25 and 26.

 

 

 

Limitation of club liability

 

Limitation of club liability

28.

Members, their guests and visitors are bound by the following Rule which shall also be exhibited in a prominent place within the club premises:-

 

 

 

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 impliedly accept:-

 

 

 

(a) The club will not accept any 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 of personal injury arising out of the use of the club premises, 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 them, the Officers, Committee or servants of the club.

 

 

29.

Membership of the club and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984 and any subsequent amendments of said act.

 

 

 

Section 4 - Management Committee

 

Constitution of Committee

*30.

The General Committee (herein referred to as 'the Committee') shall consist of the Officers, ex officio, and not less than four nor more than eight Full 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.

 

Retirement of members of the Committee

31.

At the Annual General Meeting each year two of the Full and Family members shall retire in order of election or seniority. In the case of equal seniority the order of retirement shall, failing agreement between the members concerned, be determined by lot. Members retiring under the rule shall not be eligible for re-election to the Committee until the Annual General Meeting next following the meeting at which they retire.

 

Candidates for election to Committee

32.

Candidates for election to the Committee (not being Officers of the Club) shall be those members of the retiring Committee eligible to offer themselves for re-election and such other full or Family members whose nominations (duly proposed and seconded in writing by Full or Family members of the Club) with their consent shall have been received by the Honorary Secretary at least twenty eight days before the date of the Annual General Meeting in each year. Such nominations, together with the names of the Proposer and Seconder shall be posted to the club premises at least fourteen days prior to the date of the Annual General Meeting.

 

Election of committee by ballot

33.

If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.

 

No contest for election

34.

If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.