Ipswich Haven Yacht Club
Constitution and club rules 2008
Section 1
1) The name of the club shall be “ Ipswich Haven Yacht Club” hereinafter referred to in these rules as the “club”
2) The object for which the club is formed to promote and facilitate the sport and recreation of yachting (both sail and power) and also to provide social and other facilities as may be from time to time determined.
Section 2
Flag Officers of the club shall be members of the club and shall consist of Commodore, Vice Commodore, Rear Commodores, Honorary secretary, Honorary Treasurer.
Cruising Secretary, Membership Secretary, Social affairs Secretary, Club communication and marketing Secretary.
3) The Officers shall be elected at the Annual General Meeting in each year and shall hold offices for two years, retiring at the termination of the appropriate AGM.
All officers of the club shall be eligible for re-election.
4) The Officer of the club will be entitled to show their rank by flying their appointed club burgee / flag.
5) The Officers of the club must agree their committee roles at committee and job description drawn up and approved by the committee at the start of each appointed office. The generic duties of the Commodore, Vice Commodore, Rear Commodore and Secretary’s can be made available at any time to the membership, along with any modifications added to these roles by committee.
6) The Auditor shall, be appointed at the AGM each meeting each year.
Audit the accounts of the club when called upon to do so and give assurance as to the accuracy of the said accounts as shall be required by law or by the committee.
If unable to act, to inform the committee who shall appoint a substitute to hold office until the termination of the next AGM.
Section 3
7) There shall be the following categories of membership with the power to vote at all meetings of the club as indicated hereunder. The rights and privileges of each category of members are as defined in the latest edition of the bylaws of the club.
Member:- carries 1(one) vote, Associate Member :- carries no vote, Honorary Member:- carries 1(one) vote, Family Membership carries 1(one) vote.
Distribution of club information will be one issue at one address.
8) The rate of entrance and subscription fee for each membership shall be proposed by the committee to the members at the AGM. Meeting each year. Any proposed amendments shall be approved by the majority of those present and entitled to vote and shall become operative on the first day of April in the year following. The currant rate of subscription fee shall be included in the membership renewal / application form.
9) Members shall pay an annual subscription to be agreed or amended at each AGM
New incoming members will be approved by committee and decision made final
All members shall be liable to pay their first annual subscription fee on joining the club and thereafter on the first day of April each year except that the fee paid by members joining late in the season may, at the discretion of the committee, cover membership for the following year.
10) Each member shall furnish the membership secretary with an up to date address and, where appropriate, preferably, an email address. Notice sent to either address shall be deemed to have been duly delivered.
11) An application for membership shall be in the form from time to time prescribed by the committee and shall include the name and address of the applicant. Each membership will be vetted and accepted or rejected by the committee, monthly.
12) The Membership secretary will issue a prospective member with an application form and a copy of the constitution and bylaws. Upon receipt of the completed form and subscription fee the membership secretary shall inform the committee giving details of the new prospective member and arrange for these to be published in the following issue of the club@ newsletter.
13) A member desirous of retiring from membership shall give minimum of one month’s notice in writing to the membership secretary and shall not then be liable to pay the subscription for the following year. Upon re-application by past member, the committee may at its discretion excuse the payment of an entrance fee.
14) The committee may cancel, without notice being given, membership of any member whose annual subscription and other annual fees are more than one month in arrears provided that the committee may, at its discretion, reinstate such member upon payment of such arrears. No member whose annual payment is in arrears may enter any club event or regatta or vote at any meeting.
Conduct of Members
15) Every member, upon election and there after, is deemed to have notice of, and impliedly undertakes to comply with, the current requirements of the club constitution and bylaws. Any refusal or neglect to do so, or any conduct which, in the opinion of the committee is either unworthy of a member or otherwise injurious to the interests of the club, shall render a member liable to expulsion by the committee provided that, before expelling a member, the committee shall call upon such member for a written explanation of the members conduct and shall give the member full opportunity of making explanation to the committee, or of resigning. A resolution to expel a member shall be carried by a simple majority vote by those members of the management committee present and voting on the resolution.
16) A member shall not knowingly remove, injure, destroy or damage any property of the club and shall make restitution for the same if called upon to do so by the honorary secretary upon the instructions of the committee.
17) A member shall not cause any communication, in whatever form, to be exhibited on the club notice board (located in the public area) without permission from the committee.
18) A member shall settle any indebtedness incurred before leaving any club event, or in accordance with any bylaw relating to the settlement of such indebtedness.
19) All suggestions or complaints about the club’s activities or management should be address in writing to the secretary for consideration by the committee.
20) A member of the club affiliated to the Royal Yachting Association (a list whereof is published by the said Association) may be authorised to join club activities at the discretion of a member of the committee.
21) The Club, flag officers, committee and other organising or helping to organise events shall not be held responsible for injury, loss or damage to a member, his/her crew or friends, his/her vessel or equipment whether through negligence or otherwise of any member or organiser. Members and their guests take part in events of the club at their own risk and on the understanding that they indemnify the club its officers, committee members and organisers for any injury or damage to themselves, family, crew and vessel.
It is a fundamental principle of maritime law that the skipper is responsible for the safety of the vessel and its crew. Its is the responsibility of the skipper of each craft to decide whether or not to start or continue with a passage or an event, in light of his or her competence, the ability of the crew and the suitability of the craft for the conditions likely to be encountered.(conditions here refer to weather, tide, sea state etc)
Section 4
22) The Management committee (herein referred to as the committee) shall consist of Officers, ex-officio, and not less then four or more than eight members of the club, elected at the annual general meeting each 2nd year to hold office until the termination of the next 2nd year annual general meeting.
23) A member of the management committee shall be appointed as membership secretary, who shall keep a register of club member’s names and addresses
Member’s names, addresses, telephone numbers and boat details may be held in the form of computer records, and this fact shall be stated on new member application forms. Members are deemed to have given consent for this in accordance with the requirements in force of the data protection act. Information held by the club shall not be released for commercial purposes.
24) Nominations (duly proposed and seconded by members of the club) for members of the club to be elected to the committee shall be received by the secretary at least 28 days before the date of the annual general meeting. The names of those members, together with those members of the retiring committee offering themselves for re- election, shall be delivered to all members together with the notice of the annual general meeting.
25) If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.
26) If the number of candidates is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the annual general meeting, and entitled to vote, vote in favour of such election.
27) In the event of the ballot failing to determine the members of the committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
28) If for any reason, a casual vacancy shall occur, the committee may co-op a member or owner member to fill such a vacancy until the next following annual general meeting.
29) A retiring commodore shall serve as an ex-officio member of the committee in the year immediately following his/her retirement.
30) The committee shall meet at least every two months making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The commodore, or in his absence, a chairman elected by those present shall preside.
31) Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands. In the case of equality of votes the commodore or chairman as the case may be, shall have a second and casting vote.
32) Four members personally present shall form a quorum at a meeting of the committee.
Powers of the committee
33) The committee shall manage the affairs of the club according to the rules, and shall cause the funds of the club to be applied solely to the objects of the club or for a benevolent or charitable purpose nominated by the annual general meeting.
34) The committee shall make such bylaws and regulations as it shall from time to time think fit and shall cause the same to be sent to all members at least fourteen days before the date of implementation. Such bylaws and regulations shall remain in force until approved or set aside by a vote at a general meeting of the club.
35) The committee may appoint such sub committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and or required by the law. Such sub-committees shall consist of such members of the committee or of the club as the committee may think fit. Officers of the club shall be ex-officio members of all such sub-committees.
A member of the committee, of a sub-committee or any officer of the club, in transacting business for the club, shall disclose to third parties that he is so acting.
36) The committee, or any person or sub-committee delegated by the committee to act as agent for the club or its member, shall enter into contracts only as expressly authorised, or authorised by implication by the member. No one shall, without the express authority of the membership in general meeting pledge the credit of the membership.
37) In pursuance of the authority vested in the committee by the member’s of the club, members of the committee are entitled to be indemnified by the member’s of the club against any liabilities properly incurred by them or any one of them on behalf of the club wherever the contract is of a duly authorised nature or could be assumed to be of duly authorised nature and entered into on behalf of the club.
The limit of an individual member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate for that category of membership unless the committee has been authorised to exceed such limit by a general meeting of the club.
38) The committee may nominate for election at an annual general meeting such honorary members as the committee may think fit. The total of such honorary members shall not, however, at any time, exceed five per cent of the total number of members nor shall the number of honorary members exceed at any one time six in number.
Section 5 Meeting of the club
39) Annual general meeting of the club shall be held each year no later than 28th of February on a date to be fixed by the committee. The secretary shall at least fourteen days before the date of such a meeting or of any general meeting as hereinafter mentioned post to each member notice thereof and of the business to be brought forward thereat.
40) No business, except the passing of the accounts and the election of the officers, committee, trustees and auditors, and business that the committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the honorary secretary at least forty two days before the date of the annual general meeting.
41) The committee may, at any time, upon given ten days notice in writing, call a general meeting of the club for any special business, the nature of which shall be stated in the summons convening the meeting. And the discussion at such meeting shall be confined to the business stated in the notice sent to members.
42) The committee shall similarly call a general meeting upon a written request addressed to the secretary by at least ten members. The discussion at such meeting shall be confined to the business stated in the notice sent to members,
43) At every meeting of the club the commodore or, in his absence, a chairman elected by those present shall preside.
44) Ten members entitled to vote and personally present shall form a quorum at any meeting of the club.
45) Voting shall be by a show of hands, except where the election of officers or members of the committee is contested, when it shall be by ballot.
46) In the case of an equality of votes the chairman shall have a second or casting vote. On any matter other than the election of members to the committee.
47) On any resolution properly put to a meeting of the club relating to the creation, repeal or amendment of any rule, bylaw or regulation of the club such rule, bylaw or regulation shall not be created , repealed or amended except by a majority of at least two thirds of those present and entitled to vote.
Section 6: dissolution of the club
48) If, upon the dissolution or winding up 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 but shall be given or transferred to some other institution or institutions having objects similar to the objects of the club. Such institution or institutions to be determined by the members of the club at a general meeting at or before the time of the dissolution and if and so far as effect cannot be given to such provision then to some charitable object relating to the activity of sailing.
Section 7: bylaws
49) Honorary member shall have full use of all the club facilities and be entitled to attend and enjoy all activities organised by the club.
The present rights and privileges of each category of member shall be as follows.
Members and the children of either party “or” their children shall have full use of all the club facilities and be entitled to attend all suitable activities organised by the club.
Associate member may use of the club house facilities and can add their name to any crew list only
50) Subscriptions rates shall be as follows:
Members and associated members rates as determined from time to time by the management committee subject to approval at AGM
Honorary member gratis
51) the management committee of the club shall be responsible for ensuring that all members are aware of the constitution and bylaws of the club, such being deemed to take effect upon posting of a copy of the constitution to each member, owner member or honorary member either on entry to membership or in the event of revision to the constitution and / or bylaws.
52) All members. shall be bound by the stipulations of the constitution and bylaws of the club, and will be deemed to have such knowledge by receipt of a copy of the constitution and bylaws of the club by post either on entry to membership or in the event of revisions to the constitution and/or bylaws.
Section 8 The bar
53) The bar shall be conducted in accordance with the requirements of the licensing authorities. It shall be controlled by the general committee. Intoxicating liquor shall only be supplied to persons who are over the age of 18 years and who are members, guests or visitors as defined by the rules and bylaws of the club.
Dress code: Gentlemen are required to remove headgear while in the clubhouse, except on the outer decking area.
Bare feet are not acceptable at any time (for health and safety as well as aesthetic reasons).
Bare chests or uncovered undergarments are not acceptable.
Lifejackets, oilskins, heavy boots or other bulky foul-weather gear may not be worn or brought into the club house, similarly, wet outer garments should be removed before entry. Oily or dirty footwear or work clothes may not be worn in or brought into the club house.
Smoking is only allowed in designated outside areas.
Dogs etc: Apart from guide dogs in performance of their duties, dogs (or other animals) are not allowed in the club house. When not busy and provided no member objects, animals small enough to be carried may be taken onto the decking area and kept tethered, but please ask first.
Section 9 Visitors
54) The club is a private members club (i.e. not open to the general public) but visiting yachtsmen, whether at Ipswich Haven Marina visitors or arriving by other means, are always made welcome. All visitors must introduce themselves at the bar and sign the visitor’s book.
The committee reserves the right to limit the number of visits able to be made per year by member’s guests or properly accredited visitors.
Section 10 Flags and Flag etiquette
55) The club Burgee (flown by ordinary members) is royal blue triangular pennant bearing the club’s emblem, Ipswich boat seal.
The commodore’s flag is a broad dark navy pennant swallow tail bearing the same emblem, and Vice and Rear commodores flags are similar, but with respectively one and two yellow balls in the upper part of the hoist. A past Commodore’s flag is a broad royal blue pennant swallow tail bearing the club emblem.