Sandwich Bay Sailing & Water Ski-ing Club

CLUB RULES

(updated AGM 9^th December 2007)

NAME AND OBJECT & CONSTITUTION.

1. The name of the Club is "The Sandwich Bay Sailing and Water Ski-ing Club" and the club colours shall be blue and yellow.

2. The object for which the Club is formed is to promote and facilitate the sports of sailing, including boardsailing, boat fishing, water ski-ing and the use of small boats.

MEMBERSHIP

3. Membership of the Club shall be open to anyone interested in sailing, board sailing, boat fishing, water ski-ing, and the use of small boats, on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs provided that they are not professional yachtsmen or women or professional water skiers.

4. A candidate for membership shall send to the Membership Secretary a form setting out his or her name and address and any other particulars the general committee shall require, and containing the signatures of two Full Members in support as proposer and seconder. The proposer and seconder shall be Full Members of at least twelve months standing and shall not be members of the same family. The said form shall be prominently displayed in the Club premises for at least fourteen days before the election takes place. It may be possible to fast track the application if the applicant/s can arrange to meet a member of the Committee at the Club and if the Committee Member can contact at least six other Committee members, who agree to accept the application. The decision will then be ratified at the next Committee Meeting. Persons who are candidates for membership have no privileges whatsoever in relation to the use of the Club or its members.

5. Election of Candidates to membership shall be by simple majority vote at a meeting of the general committee.
6.Honorary Members may be elected by the Club in general meeting following a recommendation by the general committee but the total number of such Honorary Members shall not at any one time exceed five percent of the total number of all members.

7. A Full Member means any member of 18 years of age or over on March 1st.
8. A Junior Member means any person under the age of 18 years of age on 1^st March of the year (independent juniors i.e. non- family),must be over 10 years of age. Such persons shall be entitled to use the club premises and facilities, but may not vote. All Junior Members ages 16 and under must be accompanied and supervised by a Family Member over the age of 18, a responsible Full Member or a Social Member.
9. (a) Family membership shall include husband, wife (and/or partner) and children under 18 years of age on March 1st. Both husband and wife shall be Full Members of the Club and the children shall be Junior Members. If a Full Member shall pay an additional subscription as determined under rule 16 (a) "The children of a Family Membership on reaching the age of 18 years of age by March 1st shall become Full Members or Student Members, without the payment of an entry fee." Student Members shall be those Members of 18 to 24 years of age on March 1st who are in full time education and supported by their family. They have the same privileges as Full Members.

(b) Social membership shall be open to those candidates who do not wish to participate in the sporting activities of the Club. They shall be proposed in accordance with Rule 4. The total number of Social Members shall not exceed 15 per cent of all members.
(c) Second Club Membership shall be open to candidates who are paid up members of an Royal Yachting Association (RYA) affiliated club and wish to take part in the sporting activities of the club and may compete for club trophies. They shall be proposed accordance with Rule 4. They shall have no voting rights.

(d) Cruising Membership shall be open to those candidates who own Cruisers, but are neither full nor family members. They shall be proposed in accordance with Rule 4.
10. A Temporary Member may be elected on the following conditions:
(a) An application for Temporary Membership may be accepted by any two Officers of the Club

(b) A Temporary Member shall remain a member for such period not exceeding one month in any year or as the

General committee shall determine.

(d) No Temporary Member may be a member of any committee or sub-committee or introduce a guest.

(e) Temporary Membership shall include the member's spouse and children.

(f) Subject as foresaid and where the context so admits the expression "Member" in these rules shall include a

Temporary Member.

11. SPARE NUMBER

12. Any member may introduce as his or her guest any person, provided that the member so introducing enters the name and address of the said guest in a book kept for such a purpose and at no time leaves the Club Premises while the said guest is thereon. No Member may introduce more than four adult guests in any one-day and the same guest more than four days in any one year. No guest may purchase intoxicating liquor on the Club premises except under the provision of Rule 32.

13. Any member desirous of retiring from the Club shall notify his or her intention to the Honorary Secretary on or before March 1st otherwise he or she shall be liable for the next year's subscription.

14. Every Member on joining the Club impliedly undertakes to comply with these rules and any refusal or neglect to do so or any conduct which in the opinion of the general committee is either unworthy of a member or otherwise injurious to the interests of the Club shall render a member liable to expulsion. Before expelling a member the committee shall call upon him or her to give an explanation of his or her conduct and shall give him or her an opportunity of defending themselves or of resigning his or her membership. The vote on a resolution for expulsion shall be by ballot and the resolution shall only be carried if not less than three-quarters of the members of the general committee present vote in favour of the resolution.

15. Child Protection Policy: Club Policy Statement is as follows:

(a) The child’s welfare is paramount.

(b) All children whatever their age, culture, disability, gender, language, racial origin, religious belief and/or sexual identity, have the right to protection from abuse.

(c) All suspicions and allegations of inappropriate behaviour will be taken seriously and responded to swiftly and appropriately.

(d) As defined in the Children Act 1989, anyone under the age of 18 years should be considered as a child for the purposes of this document.

Child Protection Co-ordinator: The club committee appoints a Child Protection Co-ordinator who will ensure that the organisation has an up to date policy with procedures to support it; and that relevant volunteers understand the procedures and put them into practice; to receive reports of any concerns or allegations; in conjunction with the person in charge (Commodore, and/or Officer of the club), to decide on the appropriate action to be taken; and to keep the club informed at all times.

ENTRANCE FEE AND SUBSCRIPTIONS

16. (a) The Annual Subscription for each class of Membership shall be determined by the general committee and submitted to the Annual General Meeting each year and details shall be posted in the clubhouse. There shall be an entrance fee of such a sum, as the general committee shall from time to time prescribe.

(b) Subscriptions shall be payable on election and on March 1st each year.

(d) A powerboat member being a member, whose boat is propelled primarily by engine, shall pay the subscription rate equal to that of Family Membership and is entitled to nominate the names of their “family” in as much as they can nominate one additional adult and children, belonging to either or both of the adults concerned.

17. (a) Any Member who has not paid his subscription by May 1st shall be requested in the name of the general committee, to pay the same within fourteen days and if his subscription is not paid by May 31st his name may be removed from the list of Members by the general committee. A Member's name may be restored at the discretion of the general committee.

(b) No Member shall in any year be entitled to exercise any rights and privileges of Membership until his entrance fee and subscription for the year and all arrears (if any) are paid.

(c) A Member elected after October 1st in any one year who shall have paid his subscriptions for the year shall not be required to pay any subscriptions for the following year.

TRUSTEES.

18. (a) There shall be at least three Trustees of the Club who shall be appointed from time to time by the committee of the Club from among the full membership and who are willing to be so appointed (excluding junior members). A Trustee shall hold office during his lifetime or until he/she shall resign, by notice in writing given to the Committee, or until a resolution removing him/her from office shall be passed at a meeting of the committee by a majority comprising of two-thirds of members present and entitled to vote.

(b) The Trustees shall hold all property of the Club, including land and investments for the time being, in their own names as far as is necessary and practicable, on trust for the use and benefit of the Club. On the death, resignation, or removal from office of a Trustee, the Committee shall nominate a new Trustee in his place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Trustees as constituted after such nomination. For the purpose of giving effect to any such

nomination, the Honorary Secretary for the time being is hereby nominated as the person to appoint new Trustees

of the Club within the meaning of Section 36 of the Trustees Act 1925 and he shall by deed, duly appoint the person or persons so nominated by the Committee.
(c) The Trustees shall in all respects, act in regard to any property of the club held by them and in accordance with the directions of the Committee, and shall have power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising or borrowing money for the benefit of the club in compliance with the Committee's directions (which shall be duly recorded in the minutes of proceedings of the committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such directions have been given.

(d) The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any liability, costs, expenses and payments whatsoever 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.

OFFICERS

19. (a) The Officers of the Club shall consist of a :

Commodore. Vice Commodore.

Rear Commodore Sailing. Rear Commodore Water Ski-ing.

Honorary Secretary. Honorary Treasurer.

Chairperson of House Committee.

Bosun. Bar Manager.

Officers shall be elected at the Annual General Meeting and each year to hold office until the conclusion of the next Annual General Meeting. The retiring officers shall be eligible for re-election.

(b) No candidate for election to any office (other than the retiring officers) shall be proposed unless the name of candidate and of his proposer shall have been sent to the Honorary Secretary at least 21days prior to the Annual General Meeting.

GENERAL COMMITTEE.

20. (a) The General Committee shall consist of the officers, ex-officio together with one sailing member, one water skiing member, one member with fishing interest, and not more than five members of the club. Members are elected by the club in general meeting and to hold office until the conclusion of the next Annual General Meeting.

(b) Candidates for election to the general committee shall be:

(i) members of the retiring general committee who shall offer themselves for re-election and who have served less than five successive years on the committee (for this purpose years as an officer shall not count) and

(ii) other such members whose nominations duly proposed and seconded by members of the club in writing shall have been sent to the Honorary Secretary at least 21days prior to the Annual General Meeting.

(c) If a casual vacancy occurs by the death or resignation, the general committee may co-opt a member to fill the vacancy and in addition, may invite any member to attend a general committee meeting for a specific purpose.

(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) Six members of the general committee shall constitute a quorum except for the election of Full Members when it shall be eight.

(f) A committee member not attending four consecutive meetings within the club year without good cause shall be considered as having resigned from the committee. Their position can then be filled in accordance with Rule 20 sub. Paragraph (c). The final decision will be at the discretion of the committee and the member to be notified accordingly.

SUB-COMMITTEES

21. The General committee may appoint such sub-committees as it may think fit provided that the Chair person of each sub-committee shall already be a member of the general committee.

DISSOLUTION OF THE CLUB

22. If, upon the winding up or dissolution of the club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club. It shall be given or transferred to some other institution or institutions having objects similar to the objectives of the

Club, such institution or institutions to be determined by the members of the club by Resolution passed at a General Meeting at or before the time of the dissolution. If so by far as, effect cannot be given to such provision then to some charitable object.

23. SPARE NUMBER

MANAGEMENT OF THE CLUB.

24. (a) The general committee according to these rules shall wholly manage the affairs of the Club. Such committee shall apply the funds of the club in such a manner as complies with Rule 34 and shall make such by-laws, rules and regulations as it thinks fit regarding the management of club premises. The members of the club may in general meeting reserve the management of such affairs as they think fit, to a general meeting.

(b) It shall be the responsibility of the Honorary Treasurer to keep a complete and accurate account of the club's finances.

(c) The general committee may remove at any time without a reason given, any member from any position which he or she may hold within the club or its committees.

HONORARY AUDITOR.

25. At the Annual General Meeting in each year there shall be appointed an Auditor whose duty it shall be to audit the accounts of the club for the then current year. A copy of the audited accounts shall be prominently displayed in the club premises for at least seven days immediately prior to the Annual General Meeting. In the event of the person appointed as Auditor being unwilling or unable to act the general committee shall appoint a substitute.

GENERAL MEETINGS

26.The Honorary Secretary shall give to each member at least 28days notice of the Annual General Meeting which shall be held on some day in November, December, or January, to be fixed by the committee. The business at such meetings shall consist of the passing of the accounts and the election of the officers, general committee and the appointment of the Auditor, and any business that the general committee may order to be inserted in the notice

of the meeting, together with any other business of which notice thereof has been given to the Honorary Secretary at least 21 days prior to such meeting.

27. (a) The General Committee may at any time call a Extra General Meeting (EGM) of the Club for any specific business. The discussion at such a General meeting shall be confined to the business stated in the notice sent to members.

(b) 30 Members or if the total membership of the club is less than 150, one fifth of the said total, may join

together and summon the Honorary Secretary to give notice as hereinafter mentioned, a General meeting.

28. (a) The Honorary Secretary shall at least seven days before the date of the Annual General Meeting or any General Meeting, post, deliver, send by electronic mail (e-mail) or by facsimile transmission (fax), to each member a notice of the business to be brought forward thereat.

(b) At the Annual General Meeting or a general meeting of the club, each member (other than a Junior Member) shall have one vote. Junior Members shall be entitled to attend such meetings but shall have no vote. In the case of an equality of votes the Chairperson shall have a second and casting vote.

SUPPLY OF INTOXICATING LIQUOR.

29. General meeting or the general committee shall exclusively control the purchase for the Club and the supply by the Club of intoxicating liquor. No Junior Member may purchase or attempt to purchase intoxicating liquor within the club premises. Intoxicating liquor shall be supplied on the club premises to members within the hours, known as the permitted hours, fixed by the general committee and notified to the Licensing Justices. The permitted hours shall be within the provisions of the Licensing Acts. While in the Clubhouse or patio area, only drinks purchased from the club bar may be consumed whilst the Bar is open.

MISCELLANEOUS.

30. A member of any club recognised by the Royal Yachting Association (a list whereof is contained in a publication of the said Association) may be authorised to use the premises of this club by any member of the general committee of this club. Such authorisation shall specify between which dates not being more than 14 days apart the said person/s may use the premises.

31. Any person who is a competitor in any race sponsored or organized by or on behalf of the Club and any person who is a member of the crew of such a competitor for the purposes of the race is entitled to use of the Club premises within a period of twenty-four hours before and after the day of the race in which they are competing.

32. Intoxicating liquor may be sold for consumption on the premises by those persons over the age of 18 years who are entitled to the use of the premises of the Club in pursuance of Rule 30 and 31.

33. The Honorary Secretary or any other person who has received the authority of two members of the general committee may expel temporarily or permanently any persons who has the right to use the Club premises, only under Rule 30 and 31.
34. No money or property of the Club or any gain arising from carrying on of the Club shall be applied otherwise than for the benefit of the Club or for a benevolent or charitable purpose to be nominated by the general meeting.

(a) The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are reinvested in the club.

(b) The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting. The Committee will then be responsible for the orderly winding up of the Club’s affairs. After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

(i) to another Club with similar sports purposes which is a registered charity and/or

(ii) to another Club with similar sports purposes which is a registered Community Amateur Sports Club (CASC) and/or

(iii) to the Club’s governing body for use by them for related community sports, as nominated by the General Meeting.

35. Members may not bring their boats on the Club property unless they are indemnified against third party risk to the sum of £2,000,000 or as amended at the direction of the club committee.
36. Abandoned boat/property on Club premises: The Committee shall be entitled, upon giving one month's notice in writing to a former member at his last known address shown in the register of members, to sell the boat/property and deduct any moneys due to the Club (by way of Bar Bill, subscription or otherwise) from the net proceeds of the sale, before accounting the balance to the former member. The sale will be by auction, which will be published in the local press and no reserve will be put on the property thus sold. If the committee deems the boat to be worthless, it may dispose of it without publishing the article in the press. If the committee deems the boat/property to be in danger to third parties or Club members, it may dispose of it immediately without reference to the member owner.

37. SPARE NUMBER

NEW RULES, AMENDMENTS, AND ALTERATIONS.

38. (a) Notice of any alterations or addition to the rules intended to be proposed by a member of the Club shall be given to the Honorary Secretary in writing at least 21 Days before the Annual General Meeting or any general meeting at which the same is to be bought forward, and full particulars or any such proposed alterations or additions shall be sent out in the notice convening the meeting.

(b) All such proposed alterations or additions and any amendments to them which may be proposed and seconded shall be put to the vote of the meeting, and provided that on a show of hands, or if demanded, on a poll, a majority of two-thirds of the votes of those members present and voting shall be cast in favour of any proposed alterations or additions or amendments then the same shall be deemed to be carried.

(c) The Honorary Secretary shall notify changes in the Rules to the Clerk of the Licensing Justices, and to the Police, within 28 Days of their making.

-------------------- END ---------------------