Constitution
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.
A Single Adult member shall be over the age of 21 on 1st January, shall have one vote and shall be entitled to full amenities. Single Adult Membership covers their partner for Social Membership with no sailing or voting rights.
A Family Membership shall include one or two parents, or legal guardians, and all children, or wards, nominated by the parents or legal guardians, under the age of 18 years on 1st January or in full time education. Family Membership entitles the holders to the full amenities of the Club and to two votes.
A Senior Sailing Member is available to a person who is 70 years of age, or older, on the 1st Jan and shall be entitled to one vote and the full amenities of the Club. Senior Sailing Membership covers their partner for Social Membership with no sailing or voting rights.
A Student / Young Adult Member is available to a person who is over the age of 18 and under the age of 30 years on 1st Jan and shall be entitled to one vote and the 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 ten. 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.
Group Membership: is available for an organisation. Organisations for this purpose must be deemed a Group for this purpose by the Club's executive committee and be stated in minutes of a relevant meeting. Persons who are recognised as members for any such agreed group may be sailors, helpers or official and they shall be entitled to the full amenities of the club as agreed by the Executive Committee. They shall not be entitled to any other rights or privileges in connection with the Club.
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.
Social Membership: at Junior, Adult or Senior levels, 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: at a level appropriate to their application, is given for the intervening period before the application process is finalised to new or rejoining members whose application form has been appropriately seconded 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. 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. Members' guests shall be entitled to the use of Club facilities, to participate in social events and may crew or helm for 6 races or on 3 days only, whichever occurs first. 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 as well as any persons who assist in any open meeting, series or in any race(s) sponsored or are 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 the visitors' book or on a relevant 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, on up to a maximum of 3 occasions during any calendar year.
MEMBERSHIP ENTRANCE AND SUBSCRIPTION FEES
Application for Membership
4. 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 a necessary consequence of the requirements of sailing as a particular sport.
4.1 Any person, from the whole community, who is interested in sailing, is eligible for membership of the club. Each candidate shall submit a fully completed current application form to the membership secretary together with the appropriate subscription and joining fees. They shall be able to enjoy Temporary Membership of the Club until the form has been processed and payment completed. Upon re-application by a past Member, the Executive Committee may at its discretion excuse the payment of a joining fee. The Club reserves the right to refuse membership on non-discriminatory grounds.
5. Applications made by any candidate for membership may be advised to the Executive Committee at any of their meetings or to any Sub-Committee duly appointed by the Executive Committee for this purpose. Once an application is approved, the candidate shall be elected a member of the Club. Upon completion of the membership administration and payment, 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 January the following year.
7. All Members shall pay the stated annual subscription fees, which become due on the 1st day in January. Failure to pay by the 1st day of March will incur an additional fee. A member elected late in the season may pay reduced rates at the Executive Committee's discretion.
8. Every Member shall provide the Membership Secretary with an up-to-date postal and email address and contact telephone number, which shall be recorded on a computer database and any notice sent to such an email or postal 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.
Arrears of Subscriptions
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 its 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 are two months or more in arrears members will be charged a monthly berthing fee at a rate set at the annual fee for the appropriate berth each month. Members who have resigned and who have a boat remaining at the club will also be charged a monthly berthing fee at a rate set at the annual fee for the appropriate berth each month.
(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 month's notice in writing to the member or former member, at the last known address shown in the Club's membership 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 (proposal 1)
11. Every Member is deemed to have notice of and undertakes to comply with the Club Rules, Club Code of Conduct, and the current sailing instructions and duty (lists) requirements. Any refusal or neglect to do so or any conduct, which either elicits a cause for complaint; or 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) subject to investigation (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)
a) Conflict of Interest Any member of the club who may have multiple interests, financial or otherwise, of which a serving benefit could involve working against that of the clubs interests. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of the club they should declare this. This interest should be declared in writing to the Hon Sec.
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.
Any member may apply to hold any of these posts by submitting their names together with their proposer and seconder to the Honorary Secretary at least 3 weeks before the date of the Annual General Meeting.
The retiring officers shall normally be eligible for re-election without further notification, except that the Commodore, Vice Commodore and Rear Commodore shall not hold office in any one post for more than two years in succession.
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.
RYA Centre 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 Bosun, and other co-opted members 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.
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 the same to be circulated amongst all Members and presented at the Annual General Meeting. Subsequently to cause such Balance Sheet and Accounts to be verified by a qualified accountant and then presented and approved by an Executive Committee meeting during the following twelve months.
i) The elected Membership Secretary shall be to deal with all membership enquiries.
18 a) A Social Chairperson shall be elected at the AGM and will be responsible for coordinating the organisation of all social activities. In the absence of an elected Social Chairperson the Rear Commodore shall coordinate the organisation of all social activities. The Rear Commodore in association with the Vice Commodore, Commodore and Social Chair Person will form the Bar Committee which will 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 Bar 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.
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 permitted to consume intoxicating liquor on Club premises.
d) In accordance with Section 49, Licensing Act, 1964, there may be admitted to the clubhouse 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 £50,000) 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 purchaser, leasee or mortgagee 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, and by the provision of suitable insurance, 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, AGM, 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 by e-mail to the address on the club database, unless required otherwise notice and the business to be brought forward at least 14 days before the date of the meeting.
Business of the AGM
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 Honorary 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 Special General Meeting of the Club for any specific business the nature of which shall be confined to that business only.
Special General Meeting upon Request of Members
26 The Executive Committee shall similarly call a Special General Meeting upon a written request addressed to the Honorary 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 its dissolution signed by not less than 25 members, or 25% of the members, whichever is the fewer, shall be delivered to the Honorary 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.
Clause 31 Dissolution of the Club Conversion to Charity
a) In the event of a proposal to convert the club to a charity, the club may be dissolved in the following manner.
b) A proposal in writing for its dissolution by the Executive Committee not less than 6 weeks before the proposed meeting date.
c)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.
d) 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.
e) At such meeting at least two thirds of the Members who submit a vote must be in favour of the motion for it to be carried.
f) When dissolved in this manner the assets of the club will be transferred to a charity which will carry on the activities of the club.
After AGM, November 2024
Please also see Club Rules, which are day to day rules etc.
Last updated 11:00 on 18 November 2024