Cornwall Golf Union Constitution

Adopted from 01.01.2012

Effective from 29.03.2012

The Constitution are the rules by which the Cornwall Golf Union will be operated and properly managed and the Constitution is binding on all Golf Clubs affiliated to the Cornwall Golf Union

1. NAME

The name of the Union shall be ‘The Cornwall Golf Union’.

2. OBJECTS

The objects of the Union shall be:

a) To promote the welfare and interest of all amateur golfers of affiliated clubs in the County of Cornwall and to organise such activities as may be considered desirable by the Executive Committee for the benefit of affiliated clubs and their members.

b) To act as a referral point or arbiter for determining all questions appertaining to golf that may arise in the County.

c) To organise a County Golf Championship and other matches/competitions for amateur golfers at all levels. This includes participation in competitions held under the auspices of the EGU and SWCGA.

d) To monitor the maintenance of a uniform system of handicapping throughout the County and act as the area authority as defined in the Council of National Golf Unions’ Unified Handicapping System.

3. ROYAL AND ANCIENT GOLF CLUB

The Union recognises the Royal and Ancient Rules Limited as the ruling authority for determining the rules of golf and the rules of amateur status and accepts that all members are bound thereby.

4. AFFILIATION AND ADMISSION TO MEMBERSHIP

a) All Golf Clubs in the County of Cornwall whose membership is confined to amateurs shall be eligible for affiliation to the Union providing they comply with the provisions for affiliation made by the English Golf Union.

b) All affiliated clubs shall comply with the Council of National Golf Unions’ Regulations, the Unified Handicap System (as periodically amended), and any conditions imposed within the scheme by The English Golf Union.

c) Application for membership from a club must be sent to the Union Secretary who will refer the application to the Executive Committee. The Executive Committee shall have the right to approve or reject applications for membership. If an application for membership is refused the club has the right to appeal to a special committee convened by the Executive Committee to hear such appeal.

d) When an application is accepted and upon payment of the appropriate subscription the affiliated club becomes a member of the Union from the date of acceptance and until such membership be determined.

e) Any member club of the Union wishing to resign must give fourteen days notice in writing to the Union Secretary to expire on or before 1st December of any year. On the termination of membership there shall be no liability on the Union to refund any subscription or any part thereof.

f) If the Executive Committee decides that an affiliated club shall be expelled or suspended from the Union the affiliated club may call a special meeting with the Executive Committee to consider its appeal. If a two-thirds majority of the Executive Committee present vote in favour, the affiliated club shall be expelled or suspended.

g) A current list of affiliated clubs shall be held by the Union Secretary and made available to the Executive Committee on request.

5. GOVERNING BODY

The governing body of the Union shall be the Executive Committee in whom is vested the management of the affairs of the Union.

6. OFFICERS

The following shall be Officers of the Union:

a) County President. Who shall serve two consecutive years in office from the date of election.

b) County Vice-President.

c) County Captain, who shall primarily be responsible for all teams selected to represent the county and shall serve two consecutive years in office from date of election.

d) County Vice- Captain.

e) Union Secretary.

f) Union Treasurer

The County President and Vice- President shall be elected at the General Meeting of the Union held in March each year. Nominations for County President and Vice President shall be forwarded in writing to the Union Secretary at least 21 days prior to the General Meeting. The County Captain and Vice- Captain shall be elected at the General Meeting of the Union held in November each year. Nominations for County Captain and Vice- Captain shall be forwarded in writing to the Union Secretary at least 21 days prior to the meeting. If there are two or more candidates for any same office, election shall be by ballot and the Executive Committee shall make arrangements at the meeting. The Secretary shall be an employee of the Union and shall be appointed by the Executive Committee. The Union Secretary and Union Treasurer shall be members of the Executive Committee but not entitled to vote on any occasion.

“Terms of Reference” for Officers of the Union are detailed in separate documents available from the Secretary. The Executive Committee shall review all “Terms of Reference” from time to time but at least every two years.

7 THE EXECUTIVE COMMITTEE

a) The Executive Committee shall consist of the Officers of the Union, the Immediate Past President, the Juniors’ President, the Seniors’ Team Captain and six elected representatives, drawn from separate member clubs, who shall be elected at the General Meeting of the Union held in March each year.

b) Election to the Executive Committee for the six elected representatives from members clubs shall be for three years and of the six elected representatives two shall retire annually at the General Meeting held in March. Retirees shall be eligible for re-election. The selection of members to retire is according to seniority since last elected and in the case of equal seniority the retirees shall be determined by lot carried out by the County President.

c) The Executive Committee may co-opt further members who shall be members of affiliated clubs to the Union and they shall serve until the conclusion of the next General Meeting to be held in March. Co-opted members shall not be entitled to vote at meetings of the Executive Committee.

d) Any vacancy on the Executive Committee may be filled by a member from an affiliated club appointed by the Executive Committee. Any person appointed to fill such vacancy shall hold office until the next General Meeting held in March and shall be eligible for election at that meeting. Any person appointed to fill such vacancy shall be entitled to vote at meetings of the Executive Committee.

e) The Executive Committee shall meet four times a year or as required at places the President may determine. All Executive meetings shall be chaired by the President, or, in his absence, the Vice-President. A quorum for all Executive Committee meetings shall be any Officer of the Union attending plus three elected representatives.

f) Notice of all Executive Committee meetings including the agenda for the meeting shall be sent at least 21 days prior to the meeting, by the Union Secretary to all Secretaries of Golf clubs affiliated to the Union. The Executive Committee will also consider a motion introduced in writing by a club affiliated to the Union provided 14 days notice of the introduction of the motion has been given to the Union Secretary.

g) The Executive Committee is empowered to deal with all business of the Union arising between General Meetings; to carry out such duties as may be delegated to it by the English Golf Union, the Council of National Golf Unions (CONGU), or any similar body; to elect recognised Golf Clubs to membership within the Union upon such terms and conditions as the Executive Committee may from time to time decide; to recommend expenditure to meet team and administrative costs; to subscribe from time to time such sum or sums as may be considered appropriate to any Union, Association or similar body connected with golf which the Executive Committee may consider advisable to support from the funds of the Union; to attend to all disputes and disciplinary matters and formulate such policies that reflects the needs of the Union.

h) The County President in consultation with the Executive Committee shall appoint such designated sub-committees as may be deemed necessary and shall determine the composition, terms of reference and delegated powers of each sub-committee. At least one member of the Executive Committee shall be a member of each sub-committee.

i) The Executive Committee may expel or suspend any affiliated club to the Union or suspend the handicap of any playing member for breaches of the rules of the Union, the rules of amateur status or for any other misconduct, which prejudices the interests of the Union or the game of golf.

j) Members of the Executive Committee shall be indemnified in respects of all acts, matters and actions committed by them in good faith in the name of the union and duly authorised by these rules.

8. NOMINATION OF OFFICERS AND REPRESENTATIVES OF AFFILIATED CLUBS TO SERVE ON THE EXECUTIVE COMMITTEE

a) Only members of Golf Clubs affiliated to the Union shall be eligible to serve as Officers or representatives of the Executive Committee.

b) Nominations for representatives from affiliated clubs to serve on the Executive Committee must be forwarded in writing to the Union Secretary at least 21 days prior to the General meeting held in March. In the event of insufficient numbers being received, the Executive Committee may nominate representatives of affiliated clubs as required to fill the vacancy.

c) Should nominations exceed the number of vacancies, election shall be by ballot and arrangements will be made by the Executive Committee at the meeting convened to hold such elections.

9. COUNTY TEAM SELECTION

The County Captain shall be responsible for the selection of the County team in consultation with The County President, Vice President and Vice Captain. The County Captain will also be responsible for monitoring the selection of the Junior and Senior teams in consultation with the Junior President and Seniors’ Team Captain.

10. SENIORS’ TEAM CAPTAIN

A Seniors’ Team Captain and Seniors’ Team Vice Captain shall be elected at the General Meeting of the Union held in March of each year. The Seniors’ Team Captain shall serve for a period of two years in office from date of election. Nominations for Seniors’ Team Captain and Seniors’ Team Vice Captain shall be forwarded in writing to the Union Secretary at least 21 days prior to the General Meeting of the Union held in March. The Seniors’ Team Captain shall be responsible for the selection of the Seniors team to represent the County, in consultation with the County President, Vice President and the Seniors’ Team Vice Captain.

11. JUNIOR PRESIDENT AND JUNIOR VICE PRESIDENT

The Junior President and Junior Vice President shall be elected at the General Meeting of the Union held in March each year and shall serve for two years in office from the date of election. Nominations for Junior President and Junior Vice President must be forwarded in writing to the Union Secretary at least 21 days prior to the General Meeting held in March.

12. JUNIOR SECTION

A Junior Committee, chaired by the Junior President or in his absence the Junior Vice President will be responsible to the Executive Committee for the following:

a) Promoting the welfare and interest of junior golf from affiliated clubs throughout the County of Cornwall.

b) Selection of junior teams in the various age groups to represent the County.

c) Organising the County Junior Golf Championship and other team and individual competitions including competitions held under the auspices of the English Golf Union and SWCGA.

d) To act as a referral point or arbiter for all questions appertaining to junior golf which may arise in the County.

e) To report to and liaise with the Executive Committee on all matters relating to junior golf.

f) To liaise with the County Captain keeping him informed of talented juniors who are considered first team potential. It is a Cornwall Golf Union policy that the County Captain has choice over juniors who are worthy of selection for the Cornwall Golf Union first team.

N.B For further details concerning the administration/organisation of the Junior Section please refer to the section “Cornwall Golf Union – Junior Section”.

13. CHILD PROTECTION

The Union shall adopt a Child Protection Policy to ensure the welfare and safety of all young persons who represent the County or take part in County competitions. The policy shall contain the names of the Child Protection Officer and Alternative Child Protection Officer.

14. GENERAL MEETINGS OF AFFILIATED GOLF CLUBS

General Meetings of affiliated golf clubs shall be held in March and November in each year at a central location in the County. The Union Secretary shall give twenty-eight days notice of a General Meeting to each club affiliated to the Union. The General Meeting shall consider such business and conduct elections as are required by these rules. In addition it shall consider any motion introduced in writing by a club affiliated to the Union, providing twenty one days notice of the introduction of the motion has been given to the Union Secretary. Any matter of general interest raised at a General Meeting may be discussed at the discretion of the Chairman, but no vote may be taken. General Meetings shall be chaired by the President, or, in his absence the Vice-President. The quorum for General Meetings of the Union shall be twelve members representing Golf Clubs affiliated to the Union.

15. EXTRAORDINARY GENERAL MEETING

An Extraordinary General Meeting of the Union may be called at any time by the President of the Union or by written request to the Union Secretary from any twelve clubs affiliated to the Union. The request for an Extraordinary General meeting must be accompanied by full details of the business to be transacted at the meeting. The Union Secretary shall within twenty one days of receiving such a request call a meeting of the Union. At least twenty-eight days notice of the business to be transacted at the meeting shall be given to all affiliated clubs in the Union and only business to which the notice refers shall be considered. Extraordinary General Meetings shall be chaired by the President, or, in his absence, the Vice President. The quorum for an Extraordinary General Meeting shall be twelve members representing golf clubs affiliated to the Union.

16. ALTERATION OF RULES

No proposed alteration to these Rules shall be considered other than at a General Meeting/Extraordinary General Meeting. The Union Secretary must give a minimum of twenty-eight days notice of any such proposal to the Secretary of all affiliated clubs in the Union. The notice shall contain full specification of any proposed changes to these rules. An alteration, repeal or addition of a rule requires a two thirds majority vote of those present at the meeting.

17. VOTING

Save as otherwise provided in these rules all matters arising at any meeting shall be decided by a simple majority of those present and entitled to vote. At all meetings of the Union, the Executive Committee or any Sub-Committee, each Officer, so entitled, and each elected representative present shall be entitled to one vote. The Chairman shall be entitled to only a casting vote. At General Meetings and Extraordinary General Meetings, all clubs affiliated to the Union, who are present at the meeting, shall be entitled to one vote. The Chairman shall be entitled to only a casting vote.

18. DISSOLUTION AND V.A.T REGULATIONS

The Union shall be dissolved only after an Extraordinary General meeting has been convened to discuss the matter. Should such a resolution be passed by a two-thirds majority of those clubs present, the Executive committee shall proceed to realise the assets of the Union. The Union is a non-profit-making organisation and shall not make a distribution of any profits or surpluses save to another non-profit-making body. In the event of the dissolution of the Union, the assets and property of the Union shall be distributed to non-profit-making bodies associated with golf, as shall be directed by the Executive Committee in being immediately prior to dissolution.

19. DISCIPLINE

The Executive Committee shall ensure that the rules and regulations of the Union are enforced at all times. The Rules of the English Golf Union Disciplinary Procedure, together with its provisions for affiliation shall be incorporated in these Rules. No individual officer or member of the Executive Committee shall take disciplinary action independently. All disciplinary matters should be addressed to the Union Secretary who will refer the matter to the Executive committee for any action considered necessary.

20. COMPLAINTS

All complaints shall be made in writing to the Union Secretary who, if he is unable to deal with them himself, shall submit them to the Executive Committee for a decision. Any club may upon 21days written notice seek a review of such decision by the Executive Committee whose further decision shall be final. A list of all complaints and the action taken must be kept by the Union Secretary and made available if requested.

21. SUBSCRIPTIONS

Affiliated clubs shall pay an annual subscription to the Union as laid down from time to time by the Union at a General Meeting /Extraordinary General Meeting. The Union will also collect from affiliated clubs, on behalf of the English Golf Union, such annual subscriptions as may be determined by the English Golf Union. Annual subscriptions will be based on a fixed sum per MALE playing member of each category of golf membership. Annual subscriptions shall become payable at the commencement of the affiliated club’s financial year and no affiliated club whose fees are unpaid after a period of two months from that date shall be entitled to vote at any meeting or take part in any County competition or matches of the Union until the fees are paid. In the event of non-payment, the Executive Committee is authorised to impose such sanction or penalty as it deems necessary.

22. UNION SECRETARY

The Union Secretary shall be a paid employee of the Union and shall be appointed by the Executive Committee or their delegated representatives. The Union Secretary shall be responsible for the day-to-day management of Cornwall Golf Union affairs including liaison with the English Golf Union and other golfing bodies as required in the pursuit of his duties. The Union Secretary shall conduct the correspondence of the Union and shall have custody of all documents and assets belonging to the Union. The Union Secretary’s authority for these matters is delegated by the Executive Committee, which is entitled to expand, withdraw or amend such authority, as it deems necessary.

a) He shall attend all Executive Committee and any Sub-Committee meetings and take minutes of such meetings as required. He shall circulate such information including the minutes of meetings to all affiliated clubs within a timescale as designated by the Executive Committee. He shall not be entitled to vote on any occasion.

b) The Union Secretary shall be responsible to the Executive Committee of the Union. He shall perform the duties imposed upon him by these Rules and the Executive Committee may assign other duties to him from time to time.

c) On or before any such appointment, the Union Secretary shall enter into a contract of employment. The Executive Committee or any Sub-Committee appointed by it, to act on its behalf, shall approve the terms of the contract of employment.

d) If at any time there shall be no Union Secretary, or the Union Secretary shall be absent for whatever reason, the duties of the Union Secretary shall be undertaken by such other person or persons as shall, for the time being, be deputed for the purpose by the Executive Committee.

N.B The duties and responsibilities of the Union Secretary are further expanded in his Job Description.

23. UNION TREASURER

The Executive Committee will nominate a member of an affiliated club to the Cornwall Golf Union to be the Union Treasurer. The Union Treasurer shall be elected at the General meeting held in March and eligible for re-election. The Union Treasurer shall be a member of the Executive Committee but not entitled to vote on any occasion.

24. INDEPENDENT ACCOUNTANT

The General Meeting held in March shall elect an Independent Accountant to inspect the union accounts. The Independent Accountant shall be eligible for re-election.

25. FINANCE

The financial year of the Union shall commence on the 1st January and end on the 31st December of each year.

a) The Union Treasurer shall keep proper accounts of the finances of the Union during the year and report to the Executive committee on a quarterly basis.

b) The Union Treasurer shall prepare an annual statement of account in respect of each financial year that shall be presented by the Executive Committee at the General Meeting held in March, and circulated to Affiliated clubs at least 21 days prior to that meeting. The annual statement of account shall be inspected by the Independent Accountant and certified as being in accordance with the underlying records.

c) The Union Treasurer, after consultation with the County Captain, the Seniors’ Team Captain and the Juniors’ President shall prepare an annual budget for each section and present each budget for approval by the Executive Committee at the start of each financial year.

d) Such bank accounts as authorised by the Executive Committee shall be maintained by the Union Treasurer.

e) The Executive Committee shall authorise in writing the Union Treasurer, the Union Secretary, and up to two members of the Executive Committee to sign cheques on behalf of the Union. All cheques must be signed by at least two authorised signatories.

f) The Executive Committee shall authorise in writing the Union Secretary to make payments from the Union bank accounts by BACS or other electronic form, up to but not exceeding an individual transaction limit as agreed by the Executive Committee and recorded by them in writing.

g) The Union shall pay expenses in respect of the County men’s team, County seniors’ team, County juniors’ team, Officers of the Union and any other individuals carrying out duties on behalf of the Union, in accordance with the Schedule of Expenses approved by the Executive Committee.