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Constitution of Maidstone Invicta Rowing Club
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| 1. |
CLUB TITLE AND ADDRESS: (key clause)
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Maidstone Invicta Rowing Club,
Maidstone Rowing Centre,
James Whatman Way,
Maidstone,
Kent.
ME14 1LQ.
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| 2. |
AIMS: (key clause)
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The Club is a non-profit making members Club organised for the benefit
of its current and future members to allow them to Row and Scull.
It will organise and encourage rowing on the River Medway at Maidstone.
It will promote and encourage good sportsmanship and friendship.
The Club will provide appropriate premises, facilities, equipment and
organisation for the promotion of the Rowing and the Rowing Club in Maidstone
and to continue to provide the people of Maidstone with a Rowing Club open
to anyone who wishes to take part in and promote rowing and rowing competition
and the general interests of the Club and friendship through rowing.
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| 3. |
MEMBERSHIP: (key clause)
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| 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. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.
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| 2. |
The Club may have 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.
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| 3. |
The various types of membership and annual subscriptions will be determined by the AGM. However, there are two main classes of membership into which all types of membership agreed by the AGM must fall, they are: -
(a) Full Membership (Voting). With rights to use all the Clubs premises and equipment with out any further payment, subject only to authorisation by the coaches or Director of Rowing as set out in the Clubs rules regard to the use of equipment. Note Honorary Life Vice Presidents are Full Members.
(b) Casual Membership (Non-Voting). With rights to attend the Club and use the premises but the use of any of the Club’s equipment is subject to a day fee as well as being subject to authorisation by coaches or Director of Rowing as set out in the Clubs rules regard to the use of equipment.
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The Club Management 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.
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| 4. |
PROPERTY AND FUNDS: (key clause)
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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.
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The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
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The Club may also in connection with the sporting purposes of the Club:
(a) sell and supply food, drink and related sports clothing and equipment;
(b) employ members (though not for rowing) and remunerate them for providing goods and services, on fair terms set by the Management Committee without the person concerned being present;
(c) pay for reasonable hospitality for visiting teams and guests;
(b) indemnify the Management 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).
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The Management Committee will have due regard to the law on disability discrimination and child protection.
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WINDING UP OF THE CLUB: (key clause)
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Should it be found necessary to wind up the Maidstone Invicta Rowing Club then the following shall apply:-
(a) The Club may only be wound up by calling a Special General Meeting for the purpose of winding up the club and if at that meeting not less than three quarters of the members present and voting support the proposal to wind up the Club.
(b)The Management Committee will then be responsible for the orderly winding up of the Club’s affairs. In the event that the Management Committee is unable to undertake this roll then the ARA or Main Governing Body for Rowing will take on this responsibility.
(c)After settling all liabilities of the Club, the Management Committee shall dispose of the net assets remaining to South East Regional Rowing Council of the Amateur Rowing Association (or if that does not exist to such National Governing Body of the sport of rowing as may exists at that time) for use by them for the benefit of rowing in the area.
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PRIORITY: (key clause)
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Where there is a conflict between any of the constitutions (“key clauses”) and any other clauses of the constitution or the rules the key clause(s) will take priority, Interpretation of all the constitution must be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002).
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AFFILIATION:
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The Club shall be affiliated to the Amateur Rowing Association and compete under its rules. The Club may affiliate to any other organisation considered appropriate by the Club’s Management Committee.
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ACTIVITIES:
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The Club shall organise rowing and rowing events and participate in events organised by other rowing organisations (clubs). The Club shall organise and participate in such other activities, as the members consider appropriate.
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CLUB COLOURS:
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Lilac, Black and White.
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| 10. |
MEMBERSHIP APPLICATIONS:
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Applicants for membership and members renewing their membership will abide by the Rules and Regulations of the Club and the sport of rowing.
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If it is considered by the Club Management 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 Management Committee shall be entitled to refuse or withdraw such membership. In doing so the Management Committee shall provide full reasons for their decision and grant a right of Appeal to the members.
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Those applying for membership shall apply in writing on the appropriate Club form (which will be available on application and is posted on the Clubs Web site). This will provide details of the proposed member and must be accompanied by a cheque for the appropriate membership fee for the type of membership applied for. This should be submitted to the Membership Secretary at the Club’s address. The Application will be presented for approval to the Management Committee, which shall make its decision within 2 months of receipt of the membership application.
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Prospective new members should make themselves known, in person, to a member of the Management Committee when they apply for membership and must agree to abide by the aims, constitution and rules of the Club.
(NB. All members must prove their competence and seek approval from the Director of Rowing or person approved by the Management Committee or Rowing Sub Committee before using any of the Club’s equipment).
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Prospective members shall enjoy the facilities of the Club while awaiting the Management Committee’s decision.
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VOTING:
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All Full members aged 14 years and over will be entitled to vote at the AGM or SGMs.
Casual members are not entitled to Vote at AGMs or SGM.
Other than those motions requiring a two-thirds majority as specified in paras, 19 & 20 below, votes taken in AGM, SGM or Management Committee will be by simple majority of those present who are entitled to vote.
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RULES:
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All members as a condition of membership agree to abide by the Club’s Constitution and Rules which are displayed at the Club.
Rules governing the management of the Club, the action of members and officers and the use of equipment will be laid down by the Management Committee and put to the AGM for ratification.
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DECLARATIONS OF INTEREST BY CLUB MEMBERS AND MEMBERS OF THE MANAGEMENT COMMITTEE:
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Any member who may have conflict of interest with the Club’s Aims, constitution or general Competitiveness must declare such a conflict to the Club and Management Committee immediately it is apparent, but in any case always before any discussions take place where such a conflict might arise. Such a member may not vote at any meeting or Committee on items where such a conflict may occur. When dealing on behalf of the Club or attending meetings the Management Committee and all members must act for the general good of the Club and its Aims as set out in the Constitution.
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ANNUAL GENERAL MEETING:
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An Annual General Meeting (AGM) of the membership will be held each year between the end of the financial year (31st October) and the second week of the following January. The purposes of the AGM are:
(a) To consider reports from the outgoing officers and committee on the preceding year’s activities and to deal with those reports, as they consider fit. Such reports will include a Chairman’s report on the Club’s Development Plans and its future prospects as well as a Director of Rowing’s report on the Club’s competitive successes and ongoing plans for rowing at the Club.
(b) To receive the Treasurer’s Financial Statements and consider and deal with (as appropriate) the Audited Accounts of the Club for the preceding year.
(c) To elect officers and representatives from the membership to the Management Committee to manage the Club’s affairs for the ensuing year.
(d) To consider and deal with as appropriate the proposed financial plan for the following year in conjunction with (e) to (f) below.
(e) To consider the Club’s policy and programme for the following year and to choose members responsible for those activities.
(f) To set the level of membership fees for the ensuing year.
(g) To appoint an Auditor for the following year.
(h) To consider any motions put under paragraph 19 of this Constitution.
Notice of the date and agenda for an AGM shall be given by the Secretary at least 21 days before the meeting.
All Casual / Non Active classes of members will be sent all correspondence regarding General meetings they are entitled to attend all General meetings and may speak but may not vote.
Prospective members may attend general meetings before the acceptance of their membership by the Club but they may not vote at any meeting,
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SPECIAL GENERAL MEETING (SGM):
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There are two ways a SGM may be called:
a) By the Club’s Secretary or Chairman after consultation with the other elected members of the Club.
b) By requisition by members. The requisition must be forwarded to the Secretary, it must set out the business to be considered at the SGM in the form of a motion (or motions) to be put to the meeting, and must be signed by ten paid up members.
No other business than that set out in member’s requisition (or in the case of an SGM called by the officers as set out in the agenda) shall be considered by the SGM. This will not prevent properly proposed amendments to the main motions being allowed by the Chair, with the permission of the meeting. If more than one requisition is received from members during the same period they will be considered at one SGM Notice of the date and agenda for the SGM shall be given by the Secretary in writing at least 21 days before the meeting.
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OFFICERS:
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The AGM will elect the following officers to the Management Committee:
a) Chairman
b) Hon. Secretary
c) Hon. Treasurer
d) Director of Rowing
e) Other Officers as the AGM considers fit.
Should one of the officers (a) - (d) resign from the Management Committee during the year, all club members should be informed and nominations for a replacement invited. Should there be more than one candidate, the secretary shall call an SGM at which the officer will be elected.
The AGM may also elect persons to the following honorary positions:
(a) Hon. President (Subject to re-election)
(b) Hon. (Life) Vice-Presidents
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MANAGEMENT COMMITTEE:
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The affairs of the Club shall be managed by a Management Committee (MC).
All Officers and other members of the Management Committee will act as the servants and custodians of the Club; it’s constitution, facilities and property. Those responsibilities will be discharged through individual officers made responsible by the MC for the day to day running of the Club.
The MC will be responsible for the acquisition, management and sale of the Club’s property and equipment.
The members of the Management Committee will be elected at the AGM from Club members and shall consist of Chairman, Hon. Secretary, Hon. Treasurer, and Director of Rowing and others as may be considered appropriate.
The MC shall have power to co-opt additional members to fill casual vacancies or specific offices. Co-opted members must not exceed 40% of the elected members.
The MC may set up sub-committees to fulfil specific tasks or policies of the AGM or MC. All actions of sub-committees will be subject to ratification by the MC.
The four officers named above shall be by virtue of their office members of all the Club’s Committees.
The MC will meet in November, January, March, May, July and September each year and at such other times as it considers fit.
The Secretary will present dates for next year’s meetings to the AGM.
The MC will appoint a Safety Advisor as advised under the ARA Safety Code.
The MC shall appoint a Junior Organiser. (see Clauses 24).
The MC shall appoint a Club Welfare Officer from a senior member who will be responsible for the ARA’s Child Protection Procedures (see Clause 24)
The MC shall prepare an on going five-year Development Plan and a junior five-year Development Plan for the Club.
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QUORUMS:
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An AGM or SGM shall require a quorum of fourteen members to be present within thirty minutes after the fixed time for the meeting. No General Meeting shall become incompetent to transact business for want of a quorum should the numbers fall after the chair has been taken.
A MC meeting shall proceed to business if a quorum of four are present. The meeting will be suspended should the numbers present fall below four.
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MOTIONS AT AGM’s:
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All motions must be proposed and seconded by members of the Club.
Any member desirous of moving any motion involving an amendment of the Club’s Constitution at the AGM shall give notice in writing to the secretary at least 14 days prior to the date of the AGM and the motion shall be circulated to members at least 7 days prior to the AGM. A two thirds majority of those present will be required to change the Constitution.
Other motions shall be moved with the consent of the majority of the voting members present.
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DISCIPLINE:
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The Management Committee may discipline or expel any member whose behaviour is considered unacceptable and/or who infringes the Club’s Constitution or rules. Anyone so expelled will not be allowed on the Club’s premises or to take part in the Club’s activities from the date that notice is given to him/her of the expulsion. Anyone so disciplined or expelled must be informed by the MC (in writing) of the MC decision, and his/her right to appeal to a SGM of the Club.
The disciplined member must give any such notice of appeal (in writing) within 14 days of the MC’s notice and the Chairman will call a SGM in accordance with paragraph 15. A two-thirds majority of members present at a SGM will be required to overturn a disciplinary decision of the Management Committee.
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FINANCE:
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The Club’s financial year will be from 1 November to 31 October the following year.
The Treasurer will open a current account in the name of the Club with a Maidstone branch of a clearing bank.
The MC may authorise the Treasurer to invest the Club’s funds in such secure investments, as the MC considers fit. Accounts held in the name of the club will have at least four signatures two of whom will be the Treasurer and Secretary. All withdrawals or cheques from the Club’s Accounts will require a minimum of any two of the signature holders to sign.
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SUBSCRIPTIONS AND FEES:
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The amount of Annual and Monthly Subscription and Fees payable by members will be set at each AGM for those classes of members shown in the rules of the Club.
Subscriptions and Fees will be due from 1st January each year. Those who have not paid their annual subscription and fees or commenced payments under the monthly payment scheme by the 28th February following the AGM will have their membership rights suspended until they have paid.
Members who are already members at the date of the AGM or new members, shall be entitled to pay by a monthly payment scheme (separate rules attached) as may be agreed annually at the AGM.
Failure to pay will result in immediate suspension of all membership rights.
Suspended members will be liable to pay any daily rate that the AGM has set for the use of the Club’s’ equipment by non-members and shall not vote at any meetings.
If the annual subscription and fees, or appropriate proportion of fees due under the monthly payment scheme remain unpaid after 1 July the membership will lapse and the person must reapply to join the Club.
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EQUIPMENT:
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Ownership of the Club’s assets and equipment will vest in the Maidstone Invicta Rowing Club.
Direction as to the use of the equipment shall be regulated by the elected representatives and those appointed to carry out that task from time to time.
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CHILD PROTECTION:
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The Club accepts the policy and procedures relating to Child Protection, as set out by the ARA, and requires all members to accept them as a condition of membership.
In accordance with the ARA’s policy and rules relating to Child Protection Procedures the Management Committee shall appoint:-
a) A Junior Organiser who has gained one of the ARA’s Coaching Awards to be responsible for the club’s juniors on a day to day basis.
b) As Club Welfare Officer a separate and senior member of the Management Committee to whom concerns or allegations regarding inappropriate treatment of juniors may be made. It will be his/her duty to understand the requirements of the ARA’s Child Protection Procedures and to act on them as necessary. He /she must also ensure that there is a well-established complaints procedure and that parents and children have the relevant information and thus easy access to it.
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EQUAL OPPORTUNITY POLICY:
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The Club will ensure that the talents and resources of all members are utilised to the full and that no member receives less favourable treatment on the grounds of sex, handicap, marital status, creed, social class, colour, ethnic group, age or sexual orientation or is disadvantaged by conditions or requirements which cannot be shown to be relevant to performance or safety.
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SAFETY:
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The duties of the Safety Advisor appointed by the Management Committee as defined under item 17 of the constitution shall be to understand the requirements of the ARA's Code of Practice for Water Safety and to advise on their prominent display, their observation and their implementation at all times. The Safety Advisor will, with the Chairman, carry out an annual safety audit of all the Club’s safety rules and procedures.
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CLUB TRUSTEES:
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On behalf of the Club, some senior members may from time to time be asked to act as legal trustees for items requiring trustees, such as leases. Members who agree to represent the Club as Trustees will be reimbursed for all legitimate expense incurred with regard to their being such Trustees and the Club will ensure that they do not suffer loss due to their position as Trustees on behalf of the Club.
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Approved by the Maidstone Rowing Committee 4 December 1985.
Adopted by Maidstone Invicta Rowing Club 11th December 1985.
Amended 12th December 1989.
Amended 10th January 1995.
Amended 16th November 1995.
Amended 9th December 1999 (clause 21 added child protection.)
Amended 4th December 2001( major changes)
Amended 10th December 2003 (Safety Advisor and Welfare Officer).
Amended 11th May 2005 (major changes regarding CASC status etc and Key Clauses).
Amended June 2006 (all references to Captain were changed to read“Director of Rowing”.)
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