Filey Sailing Club
Adopted this twenty first day of
September two thousand and two.
Last ammendment to this document 27th November 2012.
The following definitions shall be used throughout this document unless specifically defined:
Club – Filey Sailing Club.
Boat – A water borne craft propelled by sail or by sail with an auxiliary motor only.
Sailing – The use of a water borne craft propelled by sail or by sail with an auxiliary motor only.
Member – Any person complying with the requirements of a designated class of membership who is not more than 2 months in arrears with their fees for that class.
Mutual Member – A member having voting rights at any General Meeting.
Membership Year – 1st January to 31st December inclusive.
General Meeting – The Annual General Meeting or an Extraordinary General Meeting.
Berthed Width – The maximum width the boat and launching trolley in its berthed state.
ARTICLE 1 Name
The name of the association shall be Filey Sailing Club.
ARTICLE 2 Purpose
The purpose of the Club shall be to enhance and promote the freedom and health of its members through watersports that harness the power of the wind, waves or body. The watersports, which may be of a competitive or recreational nature, will be conducted in a safe and responsible manner.
ARTICLE 3 Status
The Club shall be mutually owned and non-profit making, any surpluses being reinvested in the Club.
ARTICLE 4 Membership
Membership is open to all those who support the purpose of the club and abide by its rules, regardless of gender, race, age, disability, religion or sexual orientation.
Applications to join the Club, other than as a Day Member, shall be approved or rejected at the next Committee Meeting. Upon receipt of an application form, together with appropriate fees, he/she is deemed to be a temporary non-mutual member of the Club until the Committee has considered the application.
The following classes of membership shall be available:
Open to all persons who, on the 1st January in the year of membership, are aged 18 years and over, who may sail or race as owner or crew and/or berth a boat at the club.
Open to all persons who, on the 1st January in the year of membership, are aged 18 years and over, who may sail or race as owner or crew and/or berth a Boat at the club. Membership is extended to the spouse or partner of the first named on the membership form and their children/wards aged less than 18 years on 1st January in the year of membership. Only the first named member and spouse/partner, if aged 18 years and over, shall be considered to be Mutual Members. Children/wards included in the Family Membership shall have the status of Student Members.
Honorary Life Membership
The highest mark of esteem which the club can bestow and only given to those who have rendered a special and distinguished service to the Club or to sailing. Honorary Life Members shall have the same rights as a Full Member and have mutual status if approved on election.
Honorary Life Membership can only be granted at a General Meeting with the approval of a 2/3 majority of Mutual Members present.
Open to all persons aged 8 to 18 on the 1st of January in the subscription year and to all persons over 18 who are in full time education. Applicants and renewing members under 18 on that date must have the approval of their parent or guardian.
A Student Member may sail and/or race Regularly and berth a Boat.
Open to all persons who wish to support the Club.
Associate Members may not berth at the Club or sail Club boats. Associate Members may sail only on payment of a special daily fee. They will not be eligible for inclusion in any racing results.
Open to all persons aged between 18 years and over on the 1st January in the year of membership who may sail or race as owner or crew and/or berth a Boat at the club and are able to prove that they are in full time education.
Open to all visitors who wish to use the Club’s facilities for the day in question and who may do so on payment of the current Day Membership subscription and on completing a Day Membership form. A Day Member may not berth at the Club or sail Club boats. A Day Member may race, but will not be eligible for inclusion in any racing results.
Group Membership may be granted to any other constituted organisation or charity on terms and conditions agreed by the Committee.
ARTICLE 5 Trustees
All the assets of the Club shall be vested in the Trustees who shall be 4 in number. Trustees shall be elected at a General Meeting and shall remain in office until death or resignation or until a General Meeting shall think proper to remove all or any of them and to elect any new Trustee or Trustees in their place.
ARTICLE 6 Officers & Committee
The officers of the Club shall be, and rank, as follows:
Commodore, Vice Commodore, Secretary and Treasurer
The Officers shall be elected at a General Meeting from Mutual Members of the Club. A written ballot shall be taken when more than one person is nominated for any office. Vacancies shall be filled as soon as possible after they occur at either a General Meeting or a Committee Meeting.
Terms of office shall be until the next Annual General Meeting, commencing on the date of the election meeting. The Commodore and Vice Commodore may stand for re-election to the same office for no more than three consecutive terms.
4. Committee Meetings
Committee Meetings shall be held as and when decided by the Committee. A quorum at a Committee Meeting shall be five members, including 2 Officers.
The Committee shall consist of the Officers together with up to 11 elected members. Scarborough Borough Council shall have the right to nominate one representative, who shall have no voting rights. Each Committee Member shall have responsibility for one, or more, of the following areas of the Club’s management and organisation:
House and Grounds, Boats and Engines, Training, Duty Roster, Regatta and Open Events, Catering, Social Events, Sailing and Results, Berthing, Cruising, Student Section and Publicity.
Officers and Committee Members shall be elected at the Annual General Meeting by a simple majority of Mutual Members present and voting. Nominations may be made from the membership present. The officers shall begin their term of office upon election.
Should any Committee Member hold Student, Student or Associate Membership, they shall have voting rights at a Committee Meeting.
The Committee is required to propose, enact and verify matters regarding the day-to-day running of the Club and to authorise expenditure. A simple majority of the combined vote of attending Officers and Committee Members at a quorate meeting is required to approve a proposal. Every Officer and Committee Member present, except the Chair, shall have one vote and in the case of equality of votes, the Chair shall have a casting vote.
ARTICLE 7 Duties of the Officers
It shall be the duty of the Commodore to preside over all meetings of the Club and the Committee and ensure that the Constitution, By-Laws, Accounting Procedures and Sailing Instructions of the Club are enforced. The Commodore shall be an ex officio member of any sub committees.
2. Vice Commodore
It shall be the duty of the Vice Commodore to assist the Commodore in the discharge of his/her duties and in his/her absence, or in case of a vacancy, to act as Commodore.
It shall be the duty of the Secretary to retain a documented record of the proceedings of all Committee and General Meetings of the Club; to keep a correct roll of all members, to file all documents, records, reports and communications connected with Club business, to notify each new member elected, or rejected for membership of the decision, to notify the Treasurer of new members, to notify each member of all General Meetings of the Club, to conduct all correspondence of the Club as necessary, to arrange for minutes of all Committee Meetings to be posted in the clubhouse and in the case of inability to attend any meetings, to arrange for a substitute.
It shall be the duty of the Treasurer to keep an accurate account of all receipts and payments of the Club and all monies due it and debts contracted by it, to arrange for the safe keeping of all cash and securities, to make a report at the Annual General Meeting of the income and expenditure and the financial health of the Club, and to act in accordance with the Accounting Procedures.
ARTICLE 8 Fees & Subscriptions
The fees of the respective memberships, berthing fees, joining fees and other charges shall be determined from time to time by the Committee and shall be ratified by the Membership at a General Meeting by a vote of Mutual Members present.
Annual Subscriptions and Berthing Fees become due on the 1st of January. Members who have paid an annual subscription shall be deemed members of that class of membership until the last day of January in the following Membership Year.
A Full, or Family, Member shall be able to pay membership and berthing fees in
two equal instalments due on 1st January and 1st July. To take advantage of this
arrangement the first instalment shall be paid by 31st January and be
accompanied by a post-dated cheque for the balance. Post-dated cheques will
be retained by the Treasurer and presented for payment on. or after 1st July.
ARTICLE 9 General Meetings
1. Annual General Meeting
The Annual General Meeting shall be held before December 31st of the current Membership Year. Fifteen Mutual Members, two of whom shall be Officers of the Club, shall constitute a quorum. Non Mutual Members may attend.
2. Extraordinary General Meetings
Extraordinary General Meetings of the Club shall be called at the request of the Commodore, at the request of the Trustees, at the request of 3 Committee Members or at the request of ten Mutual Members. The Commodore shall convene an Extraordinary General Meeting within 21 days of receipt of a legitimate request. Fifteen Mutual Members, two of whom shall be Officers of the Club, shall constitute a quorum. Non Mutual Members may attend.
All notices of General Meetings shall be distributed to all members at least 30 days prior to the meeting and shall state the purpose of the meeting.
The Senior Officer present shall chair a General Meeting. Any proposal shall be decided by a 2/3 majority of votes of those members present having voting rights.
Proposals for consideration at an Annual General Meeting shall be submitted in writing to the Secretary and must be received no less than 14 working days before the meeting. No new proposals shall be allowed at an Extraordinary General Meeting.
ARTICLE 10 Resignations, Expulsions & Disciplinary Hearings
Any member may resign from the Club by submitting his/her statement of resignation to the Secretary. Resignation shall not relieve the member of any obligation to settle arrears on fees and subscriptions or any other monies owed to the Club.
Any member who refuses to meet his/her financial obligations to the Club after being notified that he/she is more than 90 days in arrears may be expelled from membership, provided that the Committee may use its discretion in hardship cases.
3. Disciplinary Hearings
The Committee shall hold a disciplinary hearing to consider any written complaint against a member alleged to be in breach of the By-Laws or of conduct likely to bring the Club into disrepute. The defendant shall have the right to put his/her side of the argument. Minutes of the meeting shall be taken and a copy sent to the defendant. In the event that any complaint is upheld by a majority of at least 2/3, the Committee shall have the right to impose such reasonable penalty as it sees fit, including loss of membership, but shall have regard to previous length of membership and behavior. The defendant shall have the right to appeal to a General Meeting of the membership, where the minutes of the original hearing shall be available for consultation.
Resignation or expulsion from the Club shall be relinquishment of all rights, title and interest in and to the Club property. Members expelled from the Club may not enjoy or attend any functions of the Club as a guest of a Club Member. Any person who has been expelled from the Club shall not be re-admitted to any class of membership unless any monies owed the Club have been paid in full and such readmission is approved by a 2/3 majority the Officers and Committee. A Member resigning shall continue to share in the Mutual liabilities of the Club until the end of the current Membership Year.
ARTICLE 11 Burgee
The Club colours shall be light and dark blue. The Commodore’s flag shall be square with a swallowtail.
ARTICLE 12 Visitors and Guests
Visiting may be extended the courtesies of the Club. Visitors shall register in the Visitors Book on each, and every occasion they visit. Any visitor wishing to sail shall pay the current Day Membership and complete a Day Membership application form.
Personal guests of Members may be extended the courtesies of the Club. Members introducing guests shall be responsible for the debts and behaviour of their guests and shall register them in the Guest book on each, and every, occasion they visit. Any Guest wishing to sail (a sailing guest) shall complete a Day Membership application form, countersigned by the Member. Members are permitted 6 free sailing guest visits in any year after which a Day Membership shall be paid for each sailing guest visit.
ARTICLE 13 Amendments
This Constitution or any part of it may be amended, added to, or repealed with the approval of Mutual Members at a General Meeting.
ARTICLE 14 Rules
The use of any Club facilities by Members, the admission of guests to the Club premises, the holding of regattas and Sailing matches and generally for the good conduct of affairs of the Club shall be subject to the Rules. Such Rules shall be binding on all Members.
The Committee shall have the power to amend, add or repeal any By-Law, Accounting Procedure or Sailing Instruction. Such amendments, additions or repeals shall lapse at the next General Meeting of the Club unless approved by a 2/3rds of all Mutual Members present.
ARTICLE 15 Racing Rules
The Racing Rules shall be those of the RYA, ISAF and Sailing Instructions, unless otherwise ordered by the Committee.
ARTICLE 16 Berthing
Berthing is available on the Club's grounds for an annual fee subject to availability. Providing the application forms are returned by the 1st February, berths shall be allocated in order of seniority based on the unbroken record of berthing on the basis one berth per Full, Family or Student Member. Any member who returns an application form after 1st February shall go to the end of the list for that year only, but shall return to the correct position the following year provided the forms are returned in time.
Should any Full, Family or Student Member require a second berth, the priority location for this berth shall be by reference to the date of application.
Full authority in the interpretation of the above rules is left to the berthing committee having regard to the circumstances prevailing at any given time.
A Member not renewing their berth for 2 consecutive years shall lose their current berthing seniority. In any subsequent re-application for berthing their berthing seniority shall date from the date of that re-application. Seniority established prior to the adoption of this Constitution shall be retained.
Berths for boats with a Berthed Width of 2.6m or over shall be approved at a meeting of the Committee.
If at any time any berthing fees or facility fees payable to the club by any member or former member shall be three months or more in arrears:
(i) The Committee shall be entitled to move the boat to any other part of the premises without being liable for any loss of or damage to the boat howsoever caused.
(ii) The Committee shall be entitled upon giving one month’s notice in writing to the member or former member, at his last known address shown in the register of members, to sell the boat and to deduct any monies due to the club (whether by way of arrears of subscription, berthing or facility 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 which, in the opinion of the Committee cannot be sold may, upon such notice as 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.
Further, the club shall at all times have a lien over the members’ or former members’ boats parked on the club’s premises in respect of all monies due to the club, whether in respect of arrears of berthing fees or subscription or otherwise. Where a member is in arrears with the payment of monies owed to the club by at least six months, the club may in any event take possession of the member’s boat.
ARTICLE 17 Officer Of The Day & Other Duties
All Full Members and adult Family Members shall complete their duties each season in accordance with the duty roster. The Committee shall have the right to waive this requirement for any person unable to perform such duties due to physical or mental disability. Student Members aged 16 years or over may be allocated duties. Duties shall be published in the Duty Roster and sent by post to each member upon membership acceptance or renewal. Failure to carry out the said duties or to arrange a suitably qualified substitute, without reasonable cause, may result in the Committee invoking ARTICLE 10.3.
ARTICLE 18 Dissolution
In the event that a proposal is received at a General Meeting to wind up the Club and that proposal is approved by 2/3 of the Mutual Members present, the Trustees shall convene a further General Meeting to consider that proposal.
In the event that dissolution is approved the Trustees shall be empowered to liquidate the assets of the Club and settle any existing liabilities. Any surplus remaining shall be applied for approved sporting or charitable purposes as determined by Mutual Members at the General Meeting approving dissolution. In the event that there is any remaining deficit then all Mutual Members shall be liable to make good that deficit in proportion to the current fee for that class of membership.
ARTICLE 19 Disclaimer
The Club shall not hold itself responsible for accident or loss of any description. Members are reminded that by launching and going to sea they are confirming their boat’s suitability, and their competence to sail it, in the prevailing weather conditions. All boats shall be insured, for third party liability to a minimum of the amount specified in the current Rules.
ARTICLE 20 Circulation
The constitution and Rules shall be distributed to each new member on joining and to all members when changed as allowed by ARTICLE 13 or ARTICLE 14.