Rodway Hill Golf Club Constitution And Bylaws 2018
1.1 The name of the Club shall be Rodway Hill Golf Club, hereafter referred to as ‘the Club’.
1.2 The Club shall affiliate to England Golf, Gloucestershire Golf Union and Gloucestershire Ladies Golf Association and any successor organisations, together with other appropriate organisations as determined by the Committee.
2.1 The Club shall hold the following as its objectives and shall strive to fulfil these aims and objectives at all times:
- To promote the game of golf for the benefit of Members and the local community;
- To promote and abide by the Rules of Golf as they are fixed from time to time by The R&A;
- To provide access to golf for players of all standards in a friendly and welcoming atmosphere that does not discriminate on the grounds of gender, age, race, religion or belief, sexual orientation or disability;
- To arrange handicaps, competitions and matches for Members;
- To liaise with the owners of Rodway Hill Golf Course on matters of mutual interest to ensure that the views of the Members are taken into account in course improvements and developments.
3.1 The Membership of the Club shall consist of the following classes of membership: Men, Seniors, Ladies and Juniors.
3.2 There shall be no Life Members of the Club, but the Committee shall have the right to offer reduced or free membership to individuals on an annual basis. The Life Memberships of the predecessor Club will be honoured.
3.3 All Members shall pay an annual subscription to join the Club; the membership fee for each category of membership shall be decided by the Management Committee.
3.4 All Members joining the Club shall be deemed to accept the terms of this Constitution and to abide by all Bylaws adopted by the Club i.e disciplinary procedures, equity policy and conduct rules.
3.5 Membership is open to all and no application shall be refused on grounds of gender, reassigned gender, age, race, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity or disability.
3.6 Annual subscriptions shall be due on 31 March annually and must be paid by that date. No Member shall be entitled to enter any competition nor represent the Club in matches or otherwise, prior to payment of the annual subscription or instalment of any monies due to the Club.
3.7 The benefits of Membership may be reviewed by the General Committee but are expected to
- Individual affiliation to the England Golf, Gloucestershire Golf Union or Gloucestershire Ladies Golf Association, and the National Association of Public Golf Courses;
- A County Card which enables members to play at other courses, not just in Gloucestershire, for reduced green fees;
- An official handicap and entry to club competitions;
- Attendance at an annual presentation evening and an Annual General Meeting, at which a drink and refreshments are provided to those who attend from the subscription income;
- An annual calendar of events and competitions;
- Entitlement to play for Club teams and otherwise represent the Club.
3.8 If the conduct of any Member, either in or out of the clubhouse, on the course, or elsewhere is such that it appears to the Committee to impair the character or good standing of the Club, or if any member wilfully disobeys any order of the Committee communicated to such Member or is in breach of any rule or Bylaw of the club, the Committee shall make a formal complaint to the Disciplinary and Conduct Committee who shall consider the complaint in terms of the disciplinary procedure of the Club, appended to this Constitution.
4. Management of the Club
4.1 There shall be a General Committee responsible for the overall management of the Club and the power to make Bylaws.
4.2 The General Committee shall hold meetings from time to time as may be required for the despatch of all competent business. A meeting of the General Committee may be called by the Club Captain at any time. In addition, the Secretary shall be bound to call such on a written requisition addressed to him by any five members of the General Committee.
4.3 There shall also be the following sub-committees of the Club: Ladies; Seniors; Competitions and Handicap; Disciplinary and Conduct Committee.
4.4 The remit for each sub-committee shall be set by the General Committee.
5. Composition and Responsibilities of the General Committee
5.1 The General Committee shall consist of the following Office-Bearers: Captain; Vice Captain; Treasurer; Secretary; Membership Secretary; Chair of the Ladies Sub-Committee; Chair of the Seniors Sub-Committee. In particular circumstances, and with the approval of the General Committee, one person may hold two of the above offices.
5.2 The General Committee may include up to a further five Committee members.
5.3 The General Committee should, whenever possible, be representative of the gender make-up of the Club.
5.4 The Captain and Vice-Captain will be elected at the Club AGM to serve for one year and will not be eligible for re-election in relation to their respective post for at least one year.
5.5 The Office-Bearers and General Committee members shall be elected at the AGM if there are more candidates than places.
5.6 In the event of insufficient Members standing for the positions of Officers and/or Committee members, or of vacancies arising between Annual General Meetings, the General Committee shall have the power to co-opt members to fill the vacancy/ies.
5.7 Any office bearer or General Committee member who fails to attend three successive meetings without sending formal apologies and explanation for their absence shall be considered to have relinquished their position.
5.8 The General Committee, chaired by the Captain, shall:
- Establish Club policies and oversee the administration of those policies;
- Oversee the financial management of the club including setting annual subscriptions and level of audit requirement;
- Be responsible for the creation and enforcement of bylaws of the Club;
- Be responsible for ensuring the Club and its Office-Bearers have in place adequate and relevant insurance cover;
- Be responsible for the oversight of safeguarding arrangements as they relate to Club activities;
- Review and approve recommendations made by the Club’s appointed sub committees.
5.9 The members of the General Committee shall hold any property of the Club in their name. They shall be protected by indemnity insurance and will, if necessary, be indemnified by the Club where acting in good faith in their capacity as General Committee members of the Club.
5.10 Election to any position on the General Committee cannot be limited by or discriminated on the ground of gender, reassigned gender, age, race, religion or belief, sexual orientation, marriage or civil partnership, pregnancy or maternity or disability.
6. Extraordinary General Meetings
6.1 An Extraordinary General Meeting (EGM) may be called by the General Committee or by 10% of the Members of the Club, at the date of the calling of the meeting. Any such request must be submitted to the Secretary by written motion, setting out the rationale and basis for the EGM being called.
6.2 No business shall be transacted at an EGM other than that of which notice has been given in the motion calling that meeting.
6.3 At least 28 calendar days’ notice of an EGM must be given to the full Club Membership. Notice to members shall be deemed to have been served by posting notice of the meeting at the Clubhouse and on the Club section of the website.
6.4 All Members of the Club may vote at Extraordinary General Meetings. The arrangements for postal or e-mail votes at EGMs shall be as those for AGMs, set out at paragraph 7.4.6.
6.5 The quorum of any EGM shall be 10% of the Club Members. In the event that there is an insufficient number of Members to form a quorum, the Committee shall have the power to call a further EGM at which twenty members present shall form a quorum.
6.6 Any decisions other than amending the Constitution shall be reached by a simple majority of the Members present entitled to vote. Amendments to the Constitution are covered by paragraph 10.1.
7. The Annual General Meeting
7.1 The Annual General Meeting (AGM) shall be held once per calendar year and may be attended only by members, and shall have as its main business:
- The presentation of the General Committee Report for the past year;
- The election of Office-Bearers and General Committee members;
- Approval of the minutes of the last Annual General Meeting and any Extraordinary General Meeting(s) held during that year;
- Approval of the accounts for the last financial year and appointment of any auditors;
- Consideration and approval of any changes to the Constitution;
- Any other relevant business.
7.2 An agenda giving notice of the Annual General Meeting must be provided, together with a copy of the accounts, details of candidates for posts and, if required, voting slips, to all Club members at least 14 calendar days in advance of the meeting. Such papers will be distributed by e-mail wherever possible, and posted only to those members who have stipulated that postal communication is their preferred mode of communication.
7.3 The quorum for any Annual General Meeting shall be 10% of Club Members.
7.4 Voting on any matters other than a change to the constitution (see para 10.1) shall be by simple majority of Club Members present and entitled to vote.
7.4.1 Nominations for Office-Bearers must be posted at least 21 calendar days in advance of the AGM, and remain on the notice boards for at least one week.
7.4.2 Each nomination shall require one proposer who shall be a Member of the Club entitled to vote.
7.4.3 Elections shall be conducted on a simple majority of Members present and entitled to vote, together with postal/e-mail votes as at 7.4.6 below.
7.4.4 In the event of there being no nomination for a post within the stipulated time then nominations may be accepted at the Annual General Meeting.
7.4.5 All Members entitled to vote shall have the right to do so by post or e-mail if they are unable to be present in person.
7.4.6 Any Member exercising his/her right under clause 7.4.5 shall do so by letter or e-mail addressed to the Club Secretary, stating the Member’s postal address and stating clearly his/her vote in respect of the nominations and motions set out in the Notice calling the AGM or EGM, to reach the Club Secretary not later than 24 hours before the date of the
AGM or EGM in question. These votes will be counted along with those cast at the AGM or EGM.
7.4.7 In calculating a quorum of an AGM or EGM, no count can be taken of those Members who have exercised their voting right by post.
8.1 The financial year shall run from April 1 to March 31.
8.2 The Treasurer shall be responsible for securing the preparation of Annual Accounts of the Club and laying these before the Annual General Meeting.
8.3 The accounts shall be certified in accordance with the General Committee’s decision on the level of audit required as at 5.8 above.
8.4 All cheques or BACS transfers drawn against the Club’s funds shall be signed or approved by any two of the General Committee members nominated as signatories by the General Committee. There shall be no more than four such nominated signatories in total, one of whom will be the Treasurer.
8.5 All Members of the Club shall be jointly liable for the financial liabilities of the Club.
9. Dissolution or Winding Up of the Club
9.1 The Club is non-profit-making and all profits and surpluses will be used to maintain and or improve the Club facilities or to carry out the objectives of the Club.
9.2 No profit or surplus shall be distributed other than to another non-profit making body on the winding up or dissolution of the Club.
9.3 If upon winding up or dissolution of the Club there remains after the satisfaction of all debts and liabilities any property whatsoever this shall be transferred either to any association to which the Club is affiliated, or to some other organisation or organisations having objects similar to the Club. This organisation shall be determined by the Members of the Club by resolution passed at an AGM or EGM.
10. The Constitution
10.1 The Constitution shall only be altered by consent of two thirds of Members entitled to vote present at an AGM or EGM.
10.2 The Constitution shall be binding on the Club Office-Bearers and Members.
11.1 Any complaint about a Member, other than those relating to safeguarding, must be made in writing to the Club Secretary or Club Captain and signed and dated by the person/s complaining. The Club Secretary or Club Captain shall then handle such complaint/s within the Disciplinary Procedure appended to this Constitution.
11.2 Any concerns relating to safeguarding issues should be reported to the Designated Safeguarding
Officer in accordance with the Club’s Safeguarding Policy.
Rodway Hill Golf Club Disciplinary Procedure
1.1 These Procedures deal with hearings in respect of breaches of any Club Rules, Bylaws or Code of Conduct, any issue arising from Paragraph 3.8 of the Club Constitution, and any complaint about a Member, other than those relating to Safeguarding, which should be reported to the Designated Safeguarding Officer in accordance with the Club’s Safeguarding Policy.
1.2 Disciplinary action may be informal or formal. Informal disciplinary action will involve discussing the problem with the Member and/or the complainer through the Club Secretary/Captain with a view to resolving the issue. Formal disciplinary action will be taken in accordance with these Procedures.
2. Membership and Powers of Committees
2.1 The General Committee shall establish a Disciplinary Committee, which shall have the power to act in the name of the Club and determine disciplinary proceedings coming before it. The membership of the Disciplinary Committee will be determined by the General Committee and will have not fewer than 3 members, drawn from the General Committee.
2.2 The General Committee will establish an Appeal Committee of not fewer than 3 members drawn from the General Committee to consider any appeal. None of these shall be members of the Disciplinary Committee.
2.3 Any person who sits on either the Disciplinary Committee or the Appeal Committee shall be unbiased and have no personal interest in or involvement with the case; be familiar with these procedures; act within their powers under these procedures fairly, reasonably and proportionately at all times; have consideration and respect for all parties and apply the standard of proof as the balance of probabilities.
2.4 The Appeals Committee will have the full powers and authorities of the Disciplinary Committee, including the power to increase, decrease or accept any such penalties already imposed and/or impose any such new penalties as outlined in these Procedures.
2.5 Both Committees shall take decisions, including decisions as to guilt and appropriate sanctions, on the basis of a simple majority of Committee members with the Chair holding a casting vote if no majority is reached.
2.6 The Disciplinary Committee and the Appeals Committee shall have the power to abridge or extend any time limits set out in these Procedures, if in their reasonable discretion, it is considered appropriate in the circumstances.
3. Initial Complaint Handling
3.1 Any complaint/s about a Member must be made in writing by the complainer, signed and dated and sent to the Club Secretary or Club Captain.
3.2 Any complaint must be lodged within 7 days of the alleged incident or grounds for the complaint arising, and must specify the details of the alleged incident or grounds for complaint. The Club Secretary shall forward a copy of the complaint to the member in question and request a written response within 7 days, undertake any further investigation he/she sees fit, and determine with the Captain whether an attempt to resolve the matter informally should be made. The Club Captain and/or Club Secretary will then take steps to resolve the matter without recourse to paragraph 3.3 below.
3.3 If and/or when it is determined that the matter should be resolved formally, the Club Secretary shall forward the complaint, written response and any other relevant material, if applicable, to the Disciplinary Committee for consideration as set out below.
4. Disciplinary Hearing
4.1 Any person who is subject to a disciplinary hearing shall be supplied with a copy of the original complaint and any additional material provided to the Disciplinary Committee, including notice of any witnesses to be called or their written evidence.
4.2 Each Member being called before the Disciplinary Committee shall have the right to be advised of the nature of the charge or complaint and the potential penalties that may apply; to be present in person at any hearing and to be advised 14 days in advance of the date, time and place of such hearing; to state his/her case, call relevant witnesses and provide evidence at this hearing. The names of any witnesses being proposed by the Member should be intimated 5 days before any hearing to the Chair of the Disciplinary Committee.
4.3 If the Member is unable to attend the meeting, he or she should notify the Chair of the Disciplinary Committee.
4.4 If the Member elects not to attend the meeting without good reason, the disciplinary hearing may proceed in his/her absence.
4.5 Unless the Disciplinary Committee otherwise directs, the procedure will be as follows:
- The Disciplinary Committee will explain the process and advise on the rights of appeal;
- The terms of the complaint will be considered followed by the written or oral response, if any, provided by the Member, including representation on penalty;
- Any further evidence will be heard;
- Any other witnesses to be called will then be heard, or in the situation where the witness is unable to attend, then their signed written statement will be read out;
- Any witnesses are to be excluded from the hearing until required to give their evidence and must retire immediately after giving their evidence and answering any questions from the Disciplinary Committee;
- Questioning of the parties or any witnesses may only be directed by the Disciplinary Committee or as otherwise permitted by the Disciplinary Committee at its discretion, acting fairly and reasonably;
- The Member will then be given the opportunity to make final submissions – including submissions on sanctions in the event that the complaint is upheld; and
- Notification of the decision, including any sanctions, with appropriate reasons shall be issued by the Club Secretary, in writing, to the parties within 14 days of the hearing.
5. Appeal Hearing
5.1 An appeal shall be lodged, when a Notice of Appeal is received by the Club Secretary. The Notice of Appeal shall be in writing, signed and dated by the Appellant Member and shall specify the decision appealed against; and the specific grounds of the appeal, including in relation to sanctions. An appeal must be lodged within 14 days of the decision being notified in writing to the Member.
5.2 On receipt of an appeal, the Club Secretary will forward all documentation to the members of the Appeals Committee.
5.3 The Chair of the Appeals Committee shall, in liaison with the Appeals Committee and the Appellant, set a time, date and place for the hearing of the appeal and advise the Appellant of the rules within this Procedure which govern the hearing and process.
5.4 The Appeals Committee may, at its discretion, rehear the whole or any part of the evidence given before the Disciplinary Committee, as it considers appropriate.
5.5 The Appeals Committee shall be entitled to hear and receive such further evidence on appeal, as it deems competent and fair.
5.6 Any further evidence to be heard shall be made available to the Appellant member 7 days prior to the appeal hearing. Parties shall have the right to respond in writing to any further evidence to be presented.
5.7 Where evidence is given before the Appeals Committee, there shall only be cross-examination or questioning of witnesses by the Appeals Committee.
5.8 Written notification of the decision of the Appeals Committee will be issued to the Appellant member within 7 days, stating fully the reasons for the decision.
5.9 The decision of the Appeals Committee is final and binding.
6.1 No penalty shall be imposed on any person or body in disciplinary proceedings unless the alleged misconduct against the person or body is proved on the balance of probabilities and that the penalty is fair, reasonable and proportionate, in the opinion of the Disciplinary or Appeals Committees.
6.2 If a complaint is proved against a Member, the Disciplinary Committee and Appeals Committee shall have the power to impose the following penalties:
- Suspension from Club membership for a specified period of time;
- Suspension from specified Club activities, including competition, for a period of time or permanently;
- Expulsion from Club membership on a permanent basis;
- Forfeiture of any competition and/or other points as specified;
- Any combination of the above.
6.3 When a penalty is imposed consideration will be given to the following:
- Consistency and uniformity in the level of penalty imposed;
- Whether the penalty is reasonable and proportionate in all the circumstances; and
- That where possible periods of suspension be imposed by reference to specific dates rather than playing days e.g. 1 April to 1 June.
6.4 Any penalties imposed by the Disciplinary Committee shall be suspended, on any Notice of Appeal being received in accordance with this Policy until the outcome of the Appeal Hearing.
7. General Provisions
7.1 The hearing of proceedings by the Disciplinary Committee or the Appeals Committee shall be recorded by the taking of minutes by the Club Secretary or another nominated and appropriate person.
7.2 The record of the proceedings and all papers associated with the proceedings shall be held by the Club Secretary (or his/her nominee) in a secure and appropriate manner.
7.3 Copies of the record shall be made available to any person affected by the decision of the Disciplinary Committee or Appeals Committee.
7.4 Any notices or correspondence to be sent to any Member or person under these procedures shall be sent by first-class post or, if appropriate, secure electronic mail, to the last known address of that Member or person.