Club Constitution

CONSTITUTION AND RULES OF HOPEMAN GOLF CLUB

16/6/22

1.        Name

1.1      The name of the Club shall be the Hopeman Golf Club, hereafter referred to as “the Club”.

1.2      The Club will affiliate to Scottish Golf.

2.        Objectives

2.1      The Club will hold the following as its aims and objectives and will strive to fulfil these aims and objectives at all times:

2.1.1  To fulfil the general objectives and functions of a golf club and by undertaking such activities as may be reasonably necessary and /or incidental to such objectives.

2.1.2  To generally promote the game of golf for the benefit of members and the local community.

2.1.3  To promote and abide by the Rules of Golf as they are fixed from time to time by the Royal & Ancient.

2.1.4  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.

2.1.5  To provide coaching in golf to beginners and for improvement for experienced players.

2.1.6  To arrange competitions and matches for members.

2.1.7  To lease and/or purchase land and/or equipment suitable for the purposes and functions of the Club.

2.1.8  To sell and deal in alcohol, mineral/aerated water, cigars, cigarettes,  tobacco, matches, other related products as well as refreshments, foodstuffs and golfing equipment in accordance with the provisions of any licensing laws and by obtaining the necessary statutory consents and licences for this.

3.        Membership

3.1      The membership of the Club shall consist of the following classes of membership:

3.1.1  Ordinary members.

3.1.2  Country members – those persons whose normal residence is outside a radius of 35 miles of Hopeman.

3.1.3  Junior members and youth members – those under the age of 25 whose categories on a tiered age basis shall be decided by the Council.

3.1.4  Honorary members – those persons nominated by the Council and approved by the membership at the AGM in recognition of their contribution to the Club and/or the game of golf.

3.1.5  House members.

3.2      Only Ordinary members may vote at a Special General Meeting or Annual General Meeting or become members of Council.

3.3      All members will pay an annual subscription to join the Club; the membership fee for each category of membership will be decided by the Council. Subscriptions will be fixed by the Council. The annual change in subscription will be no more than 5% of the previous year’s subscription. Any proposed change above this amount will require approval by the members at the Annual General Meeting of the Club.

3.4      All members joining the Club will be deemed to accept the terms of this Constitution and any bylaws from time to time adopted by the Club in particular including the requirement to conduct themselves in accordance with any conduct rules, equality policy, and disciplinary procedures.

3.5      Membership is open to all and no application will be refused on grounds of gender, gender reassignment, age, race, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity, disability or on the grounds of political or other opinion.

3.6      Persons wishing to join the Club must submit an application in writing on the form obtained from the Club Manager. The election and admission of all classes of membership will be in the hands of the Council, who will have the power to reject any nomination, and will be by ballot. Candidates will be admitted at a meeting of the Council by a majority of those present and voting.

3.7      Any person refused membership or whose membership is terminated or suspended will be informed in writing of the fact. They retain the right of appeal and have the right to appear and be heard before the full Club Council.

3.8      Any person joining the Club is to be asked to read the Club Constitution, the Club Equality Policy, and the Club Child Protection Policy as displayed on the Club website.

3.9      Annual subscriptions are due on the 1st of January and must be paid by 31st of January. In the event that any member’s annual subscription has not been paid by 31st January then membership may be terminated. Termination shall be intimated to the member in writing by the Secretary. No member will be entitled to either play the course or enter any competition from 1st February unless the annual subscription or instalment of any monies due to the Club has been paid.

3.10   If the conduct of any member, either in or out of the clubhouse, or elsewhere is such that it appears to the Council to impair the character or good standing of the Club, or if any member wilfully disobeys any order of the Council communicated to such member or is in breach of any rule or bylaw of the Club, the Council shall be bound to consider the event in terms of the disciplinary procedure of the Club.

4.        Management of the Club

4.1      Overall management of the Club is vested in the Club Council whose members shall be elected at the Annual General Meeting.

4.2      The Council will hold meetings from time to time as may be required for the despatch of all competent business. A meeting of the Council shall be called by the President at any time, and the Secretary shall be bound to call such on a written request submitted by any five members of the Council.

4.3      A quorum of five Council members will be required for meetings.

4.4      The President will chair Council meetings or in their absence the Vice President. Should both be absent then the meeting will be chaired by a person nominated by the Council.

4.5      The day to day management of the Club will be carried out by the Manager who is to be an employee of the Club and is responsible to the Club Council in accordance with the terms of their contract and job description.

4.6      The Council will have the power to make bylaws and form any sub-committees as may be deemed necessary for the management of the Club.

4.7      The remit for each sub-committee will be set by the Council.

4.8      All Council members must be Ordinary Members of the Club.

4.9      No Council member can be a relative, business partner, or person acting under the direction of anyone associated with the Club who receives emoluments based on the turnover of any aspect of Club activity. 

4.10   No Council member can rent or lease land to the Club. No Council member can be a relative, business partner or person acting under the direction of any person leasing or renting land to the Club.

5.        Composition and Responsibilities of the Club Council

5.1      The Council will consist of eight members in total including the President.

5.2      Council members will be elected by a simple majority of voting Club members at the AGM

5.3      The Council will meet within two weeks of the AGM to elect the following office bearers:

            5.3.1  Vice President

            5.3.2  Secretary

            5.3.3  Treasurer

5.4      The Council will also elect:

            5.4.1  Greens Convenor

            5.4.2  House Member

            5.4.3  Match & Handicap Member

5.5      The Office Bearers, who will include the President, shall be trustees of the Club and will hold any property of the Club in their name and shall be entitled to be sued or sue as trustees of the Club. They will be indemnified by the Club while acting in good faith in their capacity as trustees of the Club.

5.6      Council members will serve for two years with the exception of the President who will serve for one year. The Vice President will serve for one year as Vice President and the succeeding year as President.

5.7      Subject to Council recommendation and the approval of the membership at the AGM, the President may serve for a further year to provide continuity.

5.8      The Council will be responsible for:

5.8.1  Setting Club policies and overseeing the administration of those policies.

5.8.2  Overseeing the fiscal management of the Club including, but not limited to, recommending annual subscriptions to the AGM, membership categories, visitor fees, locker fees, and setting of budgets within the Club.

5.8.3  Approving membership applications and welcoming new members.

5.8.4  Reviewing and approving recommendations made by any sub-committees.

5.9      The Council will not have the power to purchase, sell, or lease heritable property without specific authority of members at a Special General Meeting.  

6.        Special General Meetings

6.1      A Special General Meeting may be called by the Council at any time or by a written motion signed by not less than 25 Ordinary members setting out the rationale and basis for the Special General Meeting being called.

6.2      No business will be transacted at a Special General Meeting other than that of which notice has been given in the motion calling that Special General Meeting.

6.3      The Council will have at least 14 days to consider any motion submitted by the membership before giving notice of a Special General Meeting.

6.4      At least 14 calendar days notice of a Special General Meeting must be given to the full Club membership. Notice to members will be deemed to have been served by the following:

6.4.1  By e-mail notification containing the notice and will be deemed to have been effected within 24 hours of being sent.

6.4.2  By the placing of a notice in a prominent position within the clubhouse.

6.4.3  By the placing of a notice on the Club website.

6.4.4  By the placing of a notice in the weekly newsletter.

6.5      The quorum of any Special General Meeting shall be 10 Ordinary Club members.

6.6      Any decisions other than amending the Constitution will be reached by a simple voting majority of Ordinary Club members present.

7.        The Annual General Meeting

7.1      The Annual General Meeting will be held during the month of December on a date to be decided by the Council and will have as its main business:

            7.1.1  The presentation of the Council Report for the past year.

            7.1.2  The election of Council members.

            7.1.3  The approval of the minutes of the last Annual General Meeting and any other General Meetings held during the year.

            7.1.4  Approval of the accounts for the last financial year and appoint accountants.

7.1.5  The consideration of, and voting on, any proposals or motions submitted by Ordinary Club members as detailed on the agenda.

7.2      At least 28 calendar days notice of an Annual General Meeting must be given to the full Club membership. Notice to members shall be deemed to have been served by the following:

7.2.1  By e-mail notification containing the notice and will be deemed to have been effected within 24 hours of being sent.

7.2.2  By the placing of a notice in a prominent position within the clubhouse.

7.2.3  By the placing of a notice on the Club website.

7.2.4  By the placing of a notice in the weekly newsletter.

7.3      An agenda giving notice of the Annual General Meeting must be displayed along with a copy of the audited accounts and details of nominations for Council at least 14 calendar days in advance.

7.4      The quorum for any Annual General Meeting will be 10 Ordinary Club members

7.5      Voting on any matters on the agenda will be by a simple majority of Ordinary Club members voting in person or by post or e-mail.

7.6      Nominations for Council members must be received by the Secretary in writing or e-mail at least 21 calendar days in advance of the Annual General Meeting.

7.7      Each nomination will require a proposer and seconder whose names must be printed alongside their signature.

7.8      In the event that no person is voted in to a post or in the event of resignation or retiral from a position then the President or Vice President will undertake the duties until such time as the post is filled. The council may co-opt a suitable member to fill the post until the next Annual General Meeting.

7.9      Ordinary Club Members wishing to submit a proposal or motion must do so in writing to the Secretary at least 21 calendar days in advance of the Annual General Meeting. Each proposal or motion must have a proposer and seconder whose names must be printed alongside their signature.

7.10   All Club members eligible to vote shall have the right to vote by post or e-mail if they are unable to be present.

7.11   Any member exercising the right under clause 7.7 must do so by letter or e-mail addressed to the Secretary, stating the member’s name and postal address and stating clearly their vote in respect of the nominations and motions set out in the agenda of the Annual General Meeting, to reach the Secretary no later than 24 hours before the date of the meeting. 

7.12   The completed letters and e-mails must be returned to the Office by the end of the business day before the meeting in question in a sealed envelope clearly marked “votes”. These votes will be counted alongside those cast at the meeting.

8.        Finance

8.1      The financial year will run from 1st October to 30th September.

8.2      The Treasurer is responsible for securing the preparation of the annual accounts of the Club and laying these before the Annual General Meeting.

8.3      The accounts must be certified by the Club’s independent accountant as approved at the Annual General Meeting.

8.4      All cheques drawn against the Club’s funds must be signed by any two of the following three:

8.4.1  President

8.4.2  Manager

8.4.3  Treasurer

8.5      All members of the Club are jointly and severally liable for the financial liabilities of the Club.

8.6      Any Honorarium may not be given or increased to any Council or Club Member without the approval of the membership at an Annual General Meeting.

8.7      The Council may borrow money on behalf of the Club and on the security of the property of the Club and may vary such loans or obtain new or additional loans but they cannot exercise the above power in respect of a sum exceeding £50,000 in any one year without first obtaining authority to do so from a Special General Meeting or Annual General Meeting.

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 on the objectives of the Club.

9.2      No profit or surplus shall be distributed to any Club member.

9.3      If upon the dissolution or winding up 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 objectives similar to the Club. This decision to be decided by the members at a Special General Meeting at or before the dissolution or winding up of the Club.

10.      The Constitution

10.1   The Constitution can only be altered by the consent of two thirds of the Ordinary Club members voting at a Special General Meeting.

10.2   The Constitution and bylaws in force from time to time shall be binding on all Club and Council Members.

11.      Complaints

All complaints must be made in writing to the Secretary and signed by the persons complaining; and none shall be attended to unless this rule is complied with. The Secretary shall submit all such complaints to the Club Council who shall take the matter into their consideration, and they shall have the power to give such deliverance or order thereon as they consider necessary.

12.      Bylaws

The Club Council shall have the power to make such bylaws as it may consider necessary for the good governance and order of the Club, providing that any such bylaws do not conflict with any of the rules. A copy of such bylaws must be posted in a prominent position within the clubhouse.

Annexes:

A.        Senior Membership (Legacy).

B.        Complaints and Disciplinary Procedure.

ANNEX A TO

           THE CONSTITUTION & RULES

          OF HOPEMAN GOLF CLUB

SENIOR MEMBERSHIP

1.        To qualify for a full discounted senior membership, the member has to have been a full adult member for the previous ten years (as from 1st January 2007).

2.        Senior membership is not available to any member joining the Club on or after 1st January 2010.

3.        Any member having reached the age of eighty years of age and having had continuous membership for the previous thirty years will be awarded free membership

ANNEX B TO

           THE CONSTITUTION & RULES

          OF HOPEMAN GOLF CLUB

Complaints and Disciplinary Procedure

1.        All complaints regarding employees or members of Hopeman Golf Club will be dealt with in a fair and considerate manner in accordance with the following procedure.

2.        Complaints Regarding Club Employees        

2.1      Club members are not to complain directly to any employee unless their behaviour directly affects the safety of anyone in the Club.

2.2      Any complaint regarding a Club employee, other than the manager, is to be made to the manager either verbally or in writing.

2.3      The manager is to investigate the complaint as soon as possible and attempt to resolve the complaint to the satisfaction of all parties involved. If unable to do so then the manager must refer the matter to the Club Council, through the President, for a final decision. 

2.4      Regardless of the outcome, the manager must inform the Club Council of any complaints made against Club employees.

2.5      Any complaint regarding the manager is to be made to the President in writing who is to attempt to resolve the complaint to the satisfaction of all parties involved. If unable to do so then the President must refer the matter to the Club Council for a final decision. 

3.        Complaints Regarding Club Members

3.1      Any complaint regarding a Club Member is to be made to the President in writing who is to attempt to resolve the complaint to the satisfaction of all parties involved. If unable to do so then the President must refer the matter to the Club Council for a final decision. 

                   REVIEW DATE DEC 23