Kinghorn Golf Club

KINGHORN GOLF CLUB

CONSTITUTION

November 2012

1) NAME OF THE CLUB

The Club shall be called the Kinghorn Golf Club (referred to as “the Club” hereafter) and shall exist to organise and encourage the game of golf in all its aspects within the community of Kinghorn

2) MEMBERSHIP

The membership shall consist of Full, Associate, Temporary, and Social Members , together with any additional category of Membership deemed appropriate by the Management Committee for the good running of the Club

The number of full members shall not exceed 350, with the proviso that in the event of the full membership reaching 350, persons who are permanently resident in Kinghorn and making application to become members may be granted membership by the Committee.

3) OFFICE BEARERS

The Office Bearers shall consist of

President
Captain
Ladies Captain, or, where the captain is a Lady, the Gents Captain
Vice Captain
Hon. Secretary
Hon. Treasurer
Hon. Match and Handicap Secretary

All of the above positions may be combined; in the event that one of these positions , or a combined position, is filled by a paid employee of the Club, the requirements for election are waived, but that individual shall have no vote.

ELECTIONS

Nominations for President and Captain shall be sent to the Secretary at least 7 days before the AGM, shall be signed by two Full Members, and will contain the consent of the individual nominate

The election of office bearers shall take place at the Annual General Meeting of the Club when a vote, if necessary, shall be taken by ballot and the result immediately thereafter declared.

All the office bearers shall normally be elected for 2 years at the expiration of which period they shall retire but shall be eligible for re-election. In the interests of continuity, the Hon Secretary shall arrange the Agenda for elections so that roughly one half of the Office Bearers shall retire at each AGM

In the event of a vacancy occurring between AGM’s, (including circumstances where the position remains unfilled at an AGM) the Management Committee may co-opt in order to fill the vacancy, and the person thus co-opted shall serve until the next AGM

4) MANAGEMENT COMMITTEE

The business and affairs of the Club shall be managed by a Management Committee consisting of the Office Bearers (see above) and five full members who will be elected at an Annual General Meeting and normally serve for 2 years.

MEETINGS

The President, whom failing the Captain (whom failing, the Vice-Captain) shall take the chair at all meetings of the Committee. In the absence of both President ,Captain, and Vice Captain the members of the Committee present shall appoint one of their number to act as Chairperson. The Chairperson for the time shall have a deliberative and, in all cases of equality, a casting vote.

Meetings of the Management Committee shall be held when necessary and at least once in every three months. At these meetings seven shall form a quorum.

The minutes of each Management Committee meeting shall be published and made available to members save that issues deemed to be private (or against the best interests of the Club to publish) may be omitted.

POWERS

The Management Committee shall have all powers necessary for the full and efficient conduct of the affairs of the Club including,

(a)Power to arrange all Club competitions, fix the prizes and arrange the handicaps.

(b)Power to make local rules and regulations applicable to the Club and give orders for the general comfort and accommodation of the members.

(c)Power to engage and dismiss employees and to determine the duties of and to fix the wages to be paid to them.

(d)Power to make and amend bye-laws and, in general, to transact the whole business of the Club, all their actions being binding on every member until set aside by a majority of votes at any Annual General Meeting or Special Meeting of the Club.

COMMITTEE STRUCTURE

The Management Committee shall appoint from amongst its members , Committees such as Match and Handicap, Greens, House, Social, and other Committees as the Management Committee deem necessary for the efficient running of the Club. These Committees shall normally be chaired by a member of the Management Committee(referred to as Convenor), but can be chaired by any other Full member approved by the Management Committee, and can co-opt members as necessary to fulfil their remit which will be set out by the Management Committee and include details of the powers delegated. At a committee meeting the Convener of such committee shall take the chair, and in his absence, the meeting shall elect a Chairperson. The Chairperson for the time shall have deliberative, and, in all cases of equality, a casting vote. No sub-committee shall have authority to incur expenditure in excess of £100 without the approval of the full Management Committee.

ELECTIONS

Members of the Management Committee shall not be elected in absentia unless the written consent of the individual concerned is submitted at the time of election

In the interests of continuity, the Hon Secretary shall arrange elections so that roughly one half of the elected Management Committee members shall retire at each AGM

In all elections, whether of office bearers or of ordinary members of Committee, ties shall, if necessary be decided by lot. The Chairperson at the Annual General Meeting shall have no additional vote for the purpose of an election.

The period for which ordinary members of the Management Committee shall be deemed to be elected shall be determined thus – the members who receive the highest number of votes shall be deemed to be elected to the vacancies which carry appointment to the Management Committee of longest duration, while the remaining members shall, in their order, be deemed to be elected to the vacancies which carry appointments to the Management Committee for shorter periods, the successful member receiving the lowest number of votes being elected to the vacancy which carries the appointment of shortest duration.

5) HONORARIA

Honoraria to officials shall be determined at the Annual General Meetings.

6) MEETINGS OF THE CLUB

The Annual General Meeting of the Full members of the Club shall be held in Kinghorn on a date normally in November or December each year. The purpose of the meeting is to report to members on progress, present the Accounts for the year, appoint Independent Assessors, elect Office bearers and Management Committee members, and other business as appropriate

The Management Committee may, whenever they think fit, and shall upon a requisition made in writing by twenty full members, convene a Special General Meeting of the Club. Such requisitions shall express in the form of a resolution the object of the meeting proposed to be called and shall be sent to the Honorary Secretary. The Management Committee shall convene a Special General Meeting within six weeks of the receipt of the requisition.

The Annual and Special Meetings of the Club shall be called as follows:

Annual General meetings – 21 days. Special General Meetings – 7 days. Notices of such meetings will be available in the Club Rooms and will be sent or e-mailed to the member’s address as shown in the Club’s records .For an AGM, notification in Fixture lists plus clubhouse noticeboards will be deemed sufficient.

At any General Meeting a resolution put to the vote of the meeting shall be decided by a show of hands or ballot and a declaration made thereafter by the Chairperson. Twenty five full members shall form a quorum.

If after thirty minutes from the time appointed for a General Meeting a quorum is not present, the meeting, if convened upon requisition or by the requisitionists as herein-before provided for, shall be dissolved; in any other case it shall stand adjourned to a date to be fixed by the full members present, and if at such adjourned meeting a quorum is not present those full members who are present shall form a quorum.

The President, whom failing the Captain, shall take the Chair at all General Meetings and in their absence the meeting shall appoint a Chairperson from among the full members present. The Chairperson for the time shall have a deliberate and, in all cases of equality, a casting vote.

Except in the case of voting for the election of ordinary members of Committee, each full member present shall, at all General Meetings, have one vote per resolution or amendment.

Members who wish to raise matters at a General Meeting should submit notice of the issue as far in advance as possible, but no later than 14 days, in order to allow for a considered response.

7) COMPLAINTS

Complaints shall be made in writing to the Convenor of the appropriate Committee; if the member believes that the issue has not been resolved, he may write to the Secretary, giving details of the issue, which will then be discussed at the next meeting of the full Management Committee, whose decision will be final.

Matters relating to the general running of the Club should be raised in writing with the Secretary who will arrange for them to be discussed at the next meeting of the Management Committee, whose decision will be final.

Whilst matters may be raised informally with Convenors or Committee members, members are asked to bear in mind that the Committee are also golfers, and that there are appropriate times to raise issues; in particular, issues should not be raised on the golf course during competitions.

8) ADMISSION TO MEMBERSHIP AND RESIGNATION

Every candidate for admission as a member shall be elected by a majority of the Management Committee (or, where the Management Committee delegates powers, by a majority of the sub Committee) present.

Any member who wishes to resign shall submit his resignation in writing to the Secretary; no refund of fees or subscriptions are given.

Membership of the Club shall be open to anyone regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.

The Club Committee may refuse membership ,or remove it , only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made to the members.

9) ANNUAL SUBSCRIPTIONS

The Annual Subscriptions for full members shall be determined by the AGM; other subscriptions, part-year subscriptions, and fees shall be determined by the Management Committee

All annual subscriptions shall become due and payable on 1st February. Members will be notified of the fees in writing prior to this date. Any member failing to pay his subscription by the 28th February shall cease to be a member of the Club. The Management Committee shall have the discretion to reinstate any such member on good cause being shown and on payment of all arrears

10) HONORARY MEMBERS

The Club may, by a majority of the full members present at a General Meeting, with the approval or on the recommendation of the Management Committee, or in the form of a members proposal duly seconded and submitted in writing by 31st October, confer upon any person who is at the time or at any time has been a Full member of the Club the distinction of Honorary Membership in recognition of his being a distinguished golfer or of services rendered by him to the Club or to the game of golf. Honorary Members shall, after election as such, pay no entry money or subscription but shall for life, have all the rights and privileges of ordinary membership. The total number of Honorary Members shall not exceed five.

11) SUSPENSION AND EXPULSION

The Committee shall have power on a vote by ballot, by a majority of its entire number, to suspend from exercising his privileges as a member of the Club any member whose conduct appears to them to endanger the character, interests or good order of the Club, or who acts in defiance of its Rules and Bye-laws.

The Management Committee shall also have the power, by a majority of its entire number, to call a Special General Meeting and recommend expulsion; to be determined on a vote by ballot and by a majority of three-fourths of those voting. The Club or Management Committee shall not be liable for repayment of any part of the entrance fee or subscriptions of such member or for any claim at his instance in respect of such suspension or expulsion. Any member so expelled shall thereupon forfeit all rights and interests he may have had as a member of the Club

In dealing with these issues, the Management Committee shall be guided by the principles of natural justice

12) PROPERTY

The Management Committee shall have power to negotiate and to execute all deeds and documents necessary:-

1) To acquire by purchase, lease or otherwise all lands, heritages and other real property and rights of lands, heritages and real property as they may decide;

2) To sell, excamb or lease or sub-lease all or any of the property or effects of the Club; and

3) To borrow or raise money in such a way as the Management Committee shall think fit and, in particular, by way of cash, credit or upon bond, bill, debentureor otherwise and to grant security for any such money and by way of such security to assign, dispone, convey, mortgage or pledge or charge the whole or any part of the property, assets or revenue of the Club both present or future or to assign, dispone, transfer or convey the same absolutely or in trust and to give lenders or creditors power of sale and other usual and necessary powers.

The Club, by a majority of votes, shall have power at any Annual General Meeting or Special General Meeting to assess the whole ordinary members equally for payment of such a sum as may be considered necessary for liquidating the obligations of the Club, and any member failing to make payment of his share, within thirty days, after written notice from the Honorary Treasurer, shall cease to be a member of the Club and shall have his name struck off the Roll of Members and shall remain liable for his/her share of such assessment

13) DISSOLUTION

The Club may be dissolved by resolution passed three-fourths majority of full members present and voting at any Annual General Meeting or Special General Meeting called for the purpose. Upon dissolution of the Club any remaining assets shall be given or transferred to another registered CASC, a registered Charity or sports governing body.

The right and interest of every full member in the surplus asset of the Club shall be personal and limited to himself/herself and shall not be assignable.

If, on dissolution, the liabilities of the Club shall exceed the assets, the deficit shall be borne by the full members equally.

14) INDEMNITY TO MANAGEMENT COMMITTEE

Every full member of the Club shall be bound by the Acts, during his membership of the Committee and of any official duly authorised by the Committee; shall be deemed to have assented to every contract entered into during his membership by or on behalf of the Management Committee and thereby to have pledged his personal credit and shall be personally liable along with his co-ordinary members to indemnify the members of the Management Committee, collectively and individually, against liability incurred by them as such members of the Management Committee.