Twickenham Rowing Club Constitution and Rules August 2012
1. NAME
The Club shall be known as Twickenham Rowing Club hereinafter known as ‘the Club’. The Club colours are magenta and dark blue
2. PURPOSE
The purposes of the Club are to promote the amateur sport of rowing in Twickenham and the surrounding area and community participation in the same. The Club will facilitate rowing under the Rules and Conditions of British Rowing.
3. MEMBERSHIP
3.1. Membership of the Club shall be open to anyone interested in the sport of rowing on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs in accordance with the Equal Opportunities Policy (Section 4). However, limitation of membership according to available facilities will be determined by the Club’s Committee on a non discriminatory basis.
3.2. The Club has different classes of membership and subscription on a non discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
3.2.1. Classes of Membership
3.2.1.1. Full Rowing: Members over the age of 18 years of age as at 1st September of the membership year and are eligible to represent the Club at Head Races and Regattas
3.2.1.2. Recreational : Members over the age of 18 years who require permission from the captain to race
3.2.1.3. Student : As full rowing, but full-time students as evidenced by a current and valid SU card or indentured apprentices.
3.2.1.4. Junior: Members under 18 years of age as at 1st September of the membership year and are eligible to represent the Club at Head Races and Regattas
3.2.1.5. Non-Rowing: Members who are not entitled to use the rowing equipment but may be eligible to use the land training facilities and equipment dependent on type of membership within this category
3.2.1.6. Trial/Temporary: Members trying out the Club’s facilities, undergoing a course of instruction. Members using the Club’s facilities on a temporary basis. Temporary membership confers no rights and will not normally exceed 2 months.
3.2.1.7. Life: At the discretion of the Committee long standing members of the club may apply for life membership.
3.3. 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. (See section 7.2 below)
3.4. Election of Membership
3.4.1. Applicants for membership and members renewing their membership will abide by the Rules and Bye-Laws of the Club and by the Rules and Regulations of the sport of rowing as set out by the National Governing Body (British Rowing). Applicants are required to sign a form to confirm this agreement. (A copy of the Rules and Bye-Laws shall be available to the members via the club web site or on application to the Club Secretary).
3.4.2. The Junior membership application form shall be counter-signed by the candidate’s parent or guardian.
3.4.3. If it is considered by the Club committee that the granting or renewal of membership would be detrimental to the aims and objectives of the Club, by virtue of conduct or character likely to bring the Club or the sport of rowing into disrepute or for some other similar good cause, the Club committee shall be entitled to refuse or withdraw such membership. In doing so the committee shall provide full reasons for their decision and grant a right of Appeal to the members. (See section 7.2 below)
3.5.Restriction A person who has been expelled from, or refused membership of, British Rowing shall not be eligible for membership.
4. EQUAL OPPORTUNITIES POLICY
The Club is fully committed to the principles of equality of opportunity and is responsible for ensuring that no member, volunteer, employee or job applicant receives less favourable treatment on the grounds of age, gender, disability, race, ethnic origin, nationality, colour, parental or marital status, pregnancy, religious belief, social status, sexual orientation or political belief.
5. CHILD PROTECTION PROCEDURES
The Club accepts the policy and procedures relating to Child Protection and the Protection of Vulnerable Adults as set out by British Rowing, and requires all members to accept them as a condition of membership.
6. SUBSCRIPTIONS
6.1. The rates of annual subscription may on the recommendation of the Committee be changed within a margin of +/- 10%. Any increase above 10% will be ratified by a motion at a General Meeting. (See section 13)
6.2. The subscriptions of all members become due on 1st April each year.
6.3. Any subscription due from trial/temporary members will be at the discretion of the Committee.
6.4. Family groups consisting of at least one adult member and related child under the age of 18 will be offered reduced rates of subscription as the Committee may decide.
6.5. Rowing members paying their subscription promptly shall receive a discount as the Committee may decide.
6.6. Subject to Committee approval, payment by monthly instalments may be available to rowing members
6.7. No Member whose subscription or other liabilities are in arrears shall be entitled to use any Club boat, to represent the Club at any Regatta or participate in any General Meeting of the Club.
7. CESSATION OF MEMBERSHIP
7.1. Any member may resign giving one month's clear notice in writing to the Membership Secretary or the Club Committee but shall not be entitled to any refund of any membership subscription already paid or due.
7.2. Any member violating any of the rules or regulations of the Club (including safety guidelines) or being adjudged guilty of unsatisfactory conduct may, by resolution of the Committee, be suspended or expelled. Any member so suspended or expelled may appeal to an independent Hearings Panel if such an appeal is approved by 2 of the main officers of the Club (See section 11) . The panel may be drawn from the membership of the Club or from other clubs in the region. The panel will consist of 3 members of British Rowing approved by the Committee. The panel will hear and receive evidence, reach a conclusion, affirm or reject the sanctions imposed as appropriate.
7.3. Any hearings panel must give a fair and independent hearing to the appellant within an appropriate timescale. Hearings must not contravene the Human Rights Act 1998 or any other policies of the Club and British Rowing.
[Note: See current Guidelines on Grievance and Disciplinary Procedures in Rowing published in the British Rowing Almanack and downloadable from the website www.britishrowing.org ]
7.4. A member shall be deemed to have resigned from the Club if, after due notice in writing, they have not paid by 31st July the annual subscription which became due on 1 st April each year. This means they forfeit the right to use the club facilities. They may, however, rejoin at any time during that year, subject to the provision of Section 3 above.
8. GRIEVANCE AND DISCIPLINARY PROCEDURES
An individual or member with a complaint about treatment by the Club should set out their grievance, in writing, in the first instance to the Club Chairman or President. The Club will seek to deal with complaints in a fair and timely manner, with reference to British Rowing’s Guidelines on Grievance and Disciplinary Procedures in Rowing.
9. DISQUALIFICATION FROM HOLDING OFFICE
Only members entitled to vote are eligible to hold office.
10. COMMITTEE
10.1. The Committee shall conduct the affairs of the Club as a whole and shall consist of a President, Chairman, Secretary (or Secretaries), Treasurer (or Treasurers), Captain, Safety Adviser, Welfare Officer, Bar Steward(s), House Steward(s), Membership Secretary and other Officers as deemed necessary, together with 9 ordinary members of whom at least 2 must be active rowing members. A maximum of 2 Junior members, over the age of 16 (at the date of the AGM on which they are elected), will be allowed to stand on the committee in any one year. Casual vacancies among the Officers, other than the President, VicePresidents or the Captain, shall be filled by the Committee. The Committee shall have the power to co-opt up to 2 further members but co-opted members shall have no right to vote at Committee meetings.
10.2. Nominations for all Officers’ positions shall be submitted one week before the date of the AGM and shall be proposed for election by way of a motion under the terms of Rule 13
10.3. The Committee shall elect a Chairman to preside over their meetings.
10.4. The term of office shall be for one year from the date of the AGM in which they were elected, and members shall be eligible for re-election.
10.5. In recognition of service to the Club, a long-standing member may be elected a VicePresident (VP).
10.5.1. This appointment will be for life and will be by Committee nomination and a simple majority vote at a General Meeting.
10.5.2. The number of VPs holding office simultaneously will not exceed 18 unless temporarily by special concession e.g. to accommodate a retiring President.
10.5.3. VPs do not form part of the Committee unless they have elected to do so
10.5.4. Only 6 of those VPs who have elected to attend are allowed to vote in Committee unless assigned to other Committee posts
10.6. No Trial/Temporary member may take part in the management of the Club.
11. DUTIES OF COMMITTEE OFFICERS AND TRUSTEES
11.1. President: The President shall be a senior member of the Club and may represent and act on behalf of the Club as agreed by the Committee. The President shall preside at all General Meetings of the Club
11.2. Chairman: The Chairman will preside at all meetings of the Committee, and shall be responsible for guiding the activities of the club in accordance with its general policy as expressed by the majority of its members.
11.3. Captain: The Captain will be responsible for training, coaching and representation of the Club in competitions.
11.3.1. The Captain shall have entire control over the composition and management of any crew that rows in a Club boat, over all Club races and, subject to any resolution of the Committee, over all matters affecting the rowing of the Club. In the absence of the Captain any member of the Committee authorised by the Captain may act in his/her place, except with regard to the composition of crews for Regattas or Club races.
11.3.2. All entries at Regattas shall be made on the authority of the Captain only. However, no entry shall be made in the Club's name for Henley Royal Regatta, Women's Henley, the National Rowing Championships, the Wingfield Sculls or any International race except by the authority of the Committee.
11.4. Secretary: The Secretary will be responsible for the organisation of meetings of the Committee and of the Club, and the recording of minutes relating to such meetings and all correspondence relating to the general business of the Club, including the collation and distribution of the Annual Report.
11.5. Treasurer: The Treasurer will be responsible for the collection and disbursement of all monies belonging to the Club and will keep proper accounting records of all such transactions. He or she will present to the members at the AGM a balance sheet and income and expenditure account showing the Club’s financial position and the results of its transactions for the year. The Club's bank accounts shall be operated on the signature of the holder of office of Honorary Treasurer or Deputy Treasurer alone up to a sum not exceeding an amount that shall be determined by the Committee in respect of any one transaction. Withdrawals, or transfers (having the effect of withdrawals), of sums over this amount must be countersigned by any one of the following: the holder of the office of Captain; the holder of the office of Honorary Secretary; one other nominated officer of the Club. Such signatories shall be appointed by annual resolution of the Committee.
11.6. Membership Secretary: The Membership Secretary is responsible for the registration and administration of The Club’s membership records including the addition and removal of members and the collection and administration of membership subscriptions. The Membership Secretary will report any items relating to membership to the committee on a regular basis.
11.7. Water Safety Advisor: The Water Safety Advisor will be responsible for ensuring that the club members are informed of any Health and Safety (H&S) requirements of the club and any relevant bodies such as the PLA and British Rowing. The Safety Advisor will ensure that the safety of the club membership is run in accordance with RowSafe and H&S legislation guidelines and will be responsible for recommending the appropriate insurance requirements to the Committee with respect to H&S. The WSA will report any safety related incidents or issues to the committee on a regular basis.
11.8. Welfare Officer: The Welfare officer will be responsible for ensuring that all relevant volunteers and coaches are appropriately CRB checked and will deal with any welfare related queries related to membership of The Club. The Welfare Officer will report any welfare related incidents or issues to the committee on a regular basis.
11.9. Bar Steward: The Bar Steward will be responsible for the management of the Bar and all related activities such as bar stock, bar cash, and organising the manning of the bar during social events. The Bar Steward (or appropriate delegate assigned by the committee) is also responsible for ensuring the appropriate licensing is in place for the sale of alcoholic beverages etc. The Bar Steward will report the performance of the bar, and any issues relating to the bar, to the committee on a regular basis.
11.10. House Steward: The House Steward will be responsible for the on-going maintenance and security of the Club House and arranging for relevant works to be carried out on the authorisation of the committee where relevant e.g. if there are any significant financial implications for the club.
11.11. Trustees: The General Meeting of the Club shall appoint Trustees from time to time. The trustees shall be three in number, and each shall be appointed for a period terminable by resignation or death of that Trustee or by ordinary resolution of a subsequent General Meeting.
11.11.1. The Trustees shall be appointed to hold for the Club any freeholds which are properly the property of the members collectively; and any investment, mortgage or other instrument made for and on behalf of the Club shall be in the names of one or more Trustee, and the Trustees only are empowered to hold such investments, mortgages or instruments in individual names, except for any such instrument allowed in the name of Twickenham Rowing Club.
11.11.2. The Trustees shall at all times act upon resolutions of the Committee and the Committee alone shall have power to direct the Trustees to act in any manner consistent with the powers conferred by this Rule.
12. CLUB COMMITTEE
12.1. The Committee is responsible for the general conduct of the Club's business and activities, including putting in place the relevant insurances.
12.2. The Committee shall meet at regular intervals during the year, as required by the business to be transacted.
12.3. The Committee shall have the power to form sub-committees in order to delegate the management of the club for specific activities e.g. the Boat Sub-Committee
12.4. Special meetings of the Committee shall be called by the Secretary on instructions from the Chairman, or not less than three committee members.
12.5. A quorum shall consist of not less than 5 members.
12.6. In the case of casual vacancy among the Committee, the said Committee shall be entitled to appoint another eligible person to act until the next AGM.
12.7. The Committee and individual committee members should act according to high ethical standards, and ensure that conflicts of interest are properly dealt with.
12.8. The Committee shall have the power to make regulations and by-laws having the force of rules, and to alter and suspend any bye-laws
13. GENERAL MEETINGS
13.1. An Annual General Meeting (AGM) shall be held during July or August of each year. There shall be laid before the meeting a statement of accounts made up to the 31st day of the month of March immediately preceding. Also this meeting will include the election of Officers of the Club for the ensuing year.
13.2. Not less than 14 days clear notice shall be given, specifying to all members the time and business of the General Meeting.
13.3. Motions for discussion at Annual General Meetings not of origin from within the Committee, shall be lodged with the Secretary at least 30 days preceding the AGM, and be signed by 10 members entitled to vote.
13.4. An Extraordinary General Meeting (EGM) shall be called on the instructions of a simple majority of the Committee, or on a requisition signed by not less than 10 of the members of the Club entitled to vote. Not less than 7 clear days notice should be given for an EGM specifying the resolutions intended to be moved, to which the business of the meeting will be confined. 13.5. At any General Meeting, a resolution put to the vote of the Meeting shall be decided by a show of hands, of those entitled to vote, except when more than one nomination has been received for a position on the Committee, in which case voting will be by secret ballot.
13.6. At all General Meetings the President will preside or, in his/her absence, a Chairman for the meeting will be elected by the voting members present.
13.7. At all General Meetings not less than 10 members of the Club entitled to vote shall constitute a quorum.
13.8. Absences of Quorum: If after half an hour from the time appointed for the meeting, a quorum is not present, the Meeting, if called at the request of the members, shall be dissolved. In any other case, the Meeting shall be adjourned until a time and place to be fixed by the Committee. If a quorum is not present within half an hour from the time appointed for an Adjourned Meeting, the members present shall be a quorum.
13.9. Accidental Omission: Accidental Omission to give notice of a meeting to, or the non-receipt of notice of, a meeting by any member shall not invalidate the proceedings of a meeting.
14. LIABILITY The General Committee shall manage the affairs of the Club. Financial or legal liability incurred in the rightful exercise of their office shall not, however, be the personal liability of the Committee or any of its members, but shall be the responsibility of the Club as a whole. The Committee should ensure that adequate and appropriate public or preferably civil liability insurance is in place to cover all the activities of the club, its committee and members.
15. VOTING
Only members over the age of 16 years are entitled to vote at all meetings.
16. ALTERATION OF CONSTITUTION AND RULES
16.1. This constitution shall not be altered, amended or rescinded except by a General Meeting of the Club.
16.2. A resolution to give effect to a change must be passed by at least 75% of the members present at the General Meeting, and voting on this behalf.
16.3. In addition, a further meeting shall be held not sooner than fourteen days and not later than one month from the date of the first meeting requiring a simple majority to ratify the resolution
17. AUDITOR Every Annual General Meeting shall appoint an Auditor who shall at the conclusion of the next financial year examine the accounting records of the Club, and report to the members on the income and expenditure accounts and balance sheet that are presented to the next AGM.
18. DISTRIBUTION OF PROFITS
18.1. In no circumstances can any profit be distributed to members, but any profits earned shall be used in furthering the objects of the Club. 18.2. Property and Funds
18.2.1. The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are reinvested in the club.
18.2.2. The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, necessary out of pocket expenses relating to representing the club or the running of the club (at the discretion of the committee) and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
18.2.3. The Club may also in connection with the sports purposes of the Club:
18.2.3.1. sell and supply food, drink and related sports clothing and equipment;
18.2.3.2. employ members (though not for playing) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;
18.2.3.3. pay for reasonable hospitality for visiting crews and guests;
18.2.3.4. indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (but only to the extent of its assets).
19. TERMINATION AND WINDING UP
19.1.1. The Club shall not terminate except by a resolution of a Special General Meeting convened for the purpose.
19.1.2. The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened Special General Meeting.
19.1.3. The Committee will then be responsible for the orderly winding up of the Club’s affairs.
19.1.4. After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:
19.1.4.1. to another Club with similar sports purposes which is a registered charity and/or
19.1.4.2. to another Club with similar sports purposes which is a registered CASC and/or
19.1.4.3. to the Club’s governing body for use by them for related community sports.
20. POWER OF DECISION
Any matter not provided for in this constitution, or any question over the interpretation of it shall be dealt with by the Committee whose decision shall be final.
21.SAFETY
The Officers and Committee have primary responsibility for safe practice within the Club and for observing guidance of water safety issued by British Rowing and through RowSafe. The Committee shall appoint a member to act as Safety Adviser whose duty it will be to understand the requirements of the RowSafe code of practice and advise on their prominent display, their implementation and compliance at all times.
22. PRIORITY
Interpretation of all the rules must be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002).