HENLOW GOLF CLUB
CONSTITUTION, RULES AND BY-LAWS
NAME OF THE CLUB (The Club)
1. The Club shall be called Henlow Golf Club. The address is: RAF Henlow, Henlow Camp, Bed’s SG16 6DN
OBJECTS AND AFFILIATIONS
2. The Club is formed to provide its Members with the facilities to play golf and the amenities incidental thereto. The Club shall promote the game of golf, including the etiquette and tradition with which it is associated.
3. Through the respective County Golf Union (Bedfordshire) the club will be affiliated to the English Golf Union (EGU) and as regards the Ladies Section of the Club, to the English Ladies Golf Association (ELGA).
4. The Club is a privately run business, the Managing Director has the final say with what to do with any profits or surplus.
5. The Club’s constitution is deemed to include the rules required by the English Golf Union which are attached (Annex A).
6. Whatever form of Golf played at the Club, it will be governed by the rules of the game of Golf as provided by the Royal and Ancient Golf Club of St Andrews together with such special additions (as may be permitted) as shall be made by the Club. All members shall make themselves conversant with such relevant additions.
7. All members will agree to be bound by and to comply with the Club’s Constitution, copies of which shall be readily available in the Clubhouse.
THE CONSTITUTION
MANAGEMENT OF THE CLUB
8. The Managing Director and owner of the Club is Mr Martin Huckle, who appoints a Golf Club Manager and a Golf Course Manager to assist with the running of the Club, together they form the Management Committee.
9. Responsibilities of the Management Committee - Responsibilities for all matters concerning the management and administration of the Club shall be vested in the Managing Director. The Committee may employ and direct staff to undertake the day-to-day management and administration of the Club affairs. The Committee shall ensure that the management administration, discipline and the playing of the game of golf within the Club is in keeping with prevailing UK law, rules as laid down by appropriate and accepted golfing authorities. To ensure continuing compliance with UK law, the Committee shall as necessary amend the Club’s Constitution, Rules and Bylaws. Such amendments shall be posted on a Club Notice Board and announced at a subsequent General Meeting. The Committee shall also set policy regarding all aspects of the Club’s management and administration. To ensure the availability of an appropriate level of expertise the Committee may as required invite persons other than Committee members to attend Committee Meetings but such attendance shall be limited to the topic relevant to the expertise of the invitee. Those invited to attend such meetings shall be permitted to voice opinion and matters of fact within their area of expertise but shall have no right to vote.
10. Club Manager - the Club Manager shall be elected by the Managing Director. The Club Manager shall ensure that any other Officer of the Club does not abuse his / her position. He will report to the AGM on the probity of the Club over the past twelve months.
11. Golf Course Manager - the Course Manager shall be elected by the Managing Director. The Course Manager shall liaise between the Playing Committee and Management Committee to maintain and develop the course for the benefit of the Members.
12. A Playing Committee headed by the Club Captain shall be elected by the Members and will manage golf playing matters including; competitions, handicaps, fixtures etc.
MEMBERSHIP
13. There shall be equality in the rights of both sexes
Membership shall comprise the following:-
a) Full Member
Able to play at any time; enter all competitions and serve on the Golf Club Playing Committee.
b) Five Day Member - Restricted
Able to play weekdays only, entering only those competitions run Monday to Friday.
c) Serving Personnel of Her Majesty’s Forces
The same as Full Member but where a Member is detached on a tour of duty for a period in excess of one month or is posted away, the member may request some of the membership fee back.
This should be in writing to the Club Manager.
d) Junior / Student
Able to play at any time but cannot serve on the Committee. Juniors are those who are under 16 at the time of membership renewed on 1st January, A Student is to be in full-time education
and under the age of 22 on 1st January..
e) Corporate Member
Same playing privileges as a Full Member, but not entitled to a place on the Committee and is not entitled to enter competitions. The Club will not register these players with EGU or Bed’s
County and therefore will not give them handicaps.
f) Life Member
Full Membership recommended by the Club and approved by the Management Committee in respect to an individual who has given outstanding service to the Club over a number of years.
g) Honorary Member
Full Membership recommended by the Club and approved by the Management Committee to an individual/s filling certain posts at the Club. This membership is only valid whilst they hold said
post and reviewed annually.
14. Subject to an appropriate financial adjustment, members may, following approval of the Committee, change their category.
15. A member may at any time give notice in writing to the Club Manager / Secretary resigning his/her membership. Such members will continue to be liable for any amounts due to the Club at the date of resignation. No refund will be made to a resigning member as regards subscriptions previously paid.
16. Number of Members – To avoid overcrowding and an acceptable speed of play on the course, the Management Committee shall decide an appropriate maximum number of members to be
admitted within the Club each year.
17. Right to Vote – From the date of their eighteenth birthday, all members (except Corporate Members) have the right to vote at General Meetings.
18. Entrance Fees – On joining all new Members may be required to pay an entrance fee as decided by the Management Committee.
19. Annual Fees for Members
The Management Committee will set the appropriate annual fee and notify members at the Annual General Meeting in accordance with the following scale:-
a) Full Member – As notified at Annual General Meeting (AGM)
b) Corporate Members – As notified at Annual General Meeting (AGM)
c) Junior / Student – As notified at Annual General Meeting (AGM)
d) Life Member – Free
e) Honorary Members – Free
The payment of annual fees will be due in advance on 1st January each year. Any person not paying their annual fee by the 21st day of January will be deemed to have relinquished their membership.
20. Refund of fees – Except as detailed at Para 9 (c) above or in the most exceptional circumstances there shall be no refund of fees. Applications for refunds are to be made in writing to the
Management Committee.
21. Green Fees - The Management Committee will set the Green Fee rate for the coming year and notify members at the Annual General Meeting.
ELECTION TO MEMBERSHIP
22. Potential new members shall be proposed using the approved form provided by the Club Manager.
GOLF CLUB PLAYING COMMITTEE
23. Formation of the Committee who are all eligible to vote is to comprise of the following Members. Other members can be seconded onto the Committee, but unless they are standing in for a Voting Member, will have no voting status unless the Committee deems otherwise.
a) Club Captain
b) Club Vice Captain
c) Lady Captain
d) Handicap Member
e) Competitions Member
f) Seniors Captain
g) Club Manager / Course Manager
The Committee may fill vacant posts until the ensuing AGM
24. Captain (Club Captain, Lady Captain and Seniors Captain) – Each Captain shall, during his/her year of office, nominate and propose for approval at the AGM, Vice Captains to stand with them in their Captain’s year. Thus each Captain would normally have served as Vice Captain in the previous year. Proposals for Captain and Vice Captain, within each section, shall normally be accepted unopposed at the AGM. The Club Captain, shall remain in office for one year, or more under exceptional circumstances. The Club Captain shall represent the Club throughout the year and is to submit a report of his stewardship to the AGM. The Managing Director’s approval shall be sort before nominations are approved for Vice Captain.
The Club Vice Captain will form part of the Committee, In the absence of the Club Captain, the Club Vice Captain shall carry out all of the Club Captain’s duties. The Lady and Seniors Vice Captains whilst invited to attend meetings, will only have the power to vote when their relevant Captains are absent.
25. Election to the Committee – The procedure used to elect the members required to fill the required number of posts on the Committee shall be as follows:-
a) Volunteers who wish to serve on the Committee should inform the Club Manager at least thirty days prior to the appointed date of the Annual General Meeting, stating the post they
wish to fill. The Club Manager will then display them on the Club Notice Board at least fourteen days prior to the appointed date for the AGM. All Elected Committee Posts have to be
agreed by the Managing Director, Henlow Golf Club.
b) If there is no excess of nominees over vacancies the election of the person(s) nominated shall be accepted as unopposed if agreed by the Club’s Managing Director. Should there be more
nominations than positions to be filled then a ballot shall take place. An enumerator, appointed by the Club Manager, shall count the votes and report the count to the Club Manager who
shall announce the result. In the event of a tie and neither candidate wishing to withdraw, a second vote will be held by a show of hands. A simple majority will suffice at this vote.
26. Removal from Office – An Elected Member of the Committee shall be required to step down from his/her position if any of the following shall occur if:
a) Their membership of the Club ceases
b) A Committee Member absent themselves, without special leave of absence from the Club Manager, from three consecutive meetings.
c) They give notice in writing that they resign.
d) The Members, by a majority at a General Meeting, so decide.
e) They are found to be at fault following a disciplinary investigation and a proposal to remove them from office is supported by a majority of those attending and eligible to vote at a
subsequent General Meeting.
27. Routine Playing Committee Meetings – The Committee shall hold routine meetings at periodic intervals of not more than eight weeks.
28. Playing Committee Voting Rights, Casting Vote and Quorum – All members of the Committee have the right to vote on all matters that are considered by the Committee.
The Club / Course Manager shall have the right to exercise a casting vote in the event of a tie. The quorum for meetings of the Committee shall be a minimum number of 4 of its establishment.
29. Playing Committee Reports – The Minutes of Committee meetings shall be published within fourteen working days for perusal by the membership. Copies of the minutes shall be retained
for five years.
SUB-COMMITTEES
30. Appointment of Sub-Committees and their Chairman – The Committee may appoint Sub-Committees for any purpose Finance, Greens, Social, Competitions etc Following each AGM the Club Manager shall select for each Sub-Committee a Chairman and any number of sub-committee members from those elected to the Committee. Each Sub-Committee Chairman may thereafter co-opt, as required and subject to the majority approval of the Committee, additional full members to serve on the Sub-Committee,
31. Suspension of a Sub-Committee or Member(s) of a Sub-Committee – The Committee may suspend or recall the appointment of any member of a Sub-Committee or the appointment of any individual member to such Sub-Committee. Before doing so, the Committee must be satisfied that such Sub-Committee or individual member thereof, as the case may be, has failed in a material respect to fulfil their function or is, in the opinion of the Committee, not functioning in the best interests of the Club. The Committee shall also have the power to carry on or to make such other arrangements, as it deems fit by further appointment for the carrying out of the functions of such Sub-Committee.
32. Casting Vote – In all instances, decisions made by Sub-Committees shall be carried by a simple majority. In matters resulting in a tied vote the Sub-Committee Chairman shall exercise an additional casting vote.
33. Committee of the Ladies Section – The Committee of the Ladies Section shall be deemed to be a Sub-Committee of the Committee. The Committee of the Ladies’ Section shall, through their representatives on the Committee, liaise with the Committee with regard to mutual golfing and social matters. A Ladies’ Committee, elected by the Lady Membership, shall appoint members as necessary to attend to Ladies’ handicaps, matches, competitions and other matters solely concerning the Ladies’ Section.
LAIDIES’ SECTION
34. Objects of the Ladies’ Section – To maintain and regulate all matters pertaining to the affairs of the Club’s Ladies, including the organisation and administration of all ladies’ competitions, matches and handicaps.
35. General – Lady members shall have:-
a) Equality of membership with gentlemen members, including parity of the fees applicable to their membership category.
b) Protected by the Committee
i. Ladies’ competition start-times
ii. Ladies’ Committees solely to manage the affairs of the Ladies’ Section.
36. Members of the Ladies’ Section – The Ladies’ Section shall consist of categories of members detailed from time to time in the Club Constitution. All lady members over the age of eighteen shall be eligible to vote at ladies’ meetings. All Lady Members can also vote at a Club AGM.
37. Powers of the Ladies’ Committee – Except in matters of discipline the Ladies’ Section shall be managed and administered by a Ladies’ Committees the authority of which, over all lady members, shall be paramount unless or until overruled by a Ladies’ General Meeting or by directive from the Committee.
38. Composition of the Ladies’ Committee – The Ladies’ Committee shall consist of the Ladies’ Captain, the Ladies’ Vice-Captain, the Ladies’ Hon. Secretary, the Ladies’ Handicaps Secretary, the Ladies Immediate Past Captain and four other members.
39. Chairman, Quorum and Voting on the Ladies’ Committee – the Ladies’ Captain shall normally chair all meetings of the Ladies’ Committee and General Meetings of the Ladies’ Section. In her absence, the Ladies’ Vice-Captain shall take the Chair. Four members of the Committee shall be a quorum. All members of the Ladies’ Committee shall have full voting rights and in the case of a tie the Ladies’ Captain shall have an additional casting vote.
40. Election of the Captain and Vice-Captain of the Ladies’ Section – The incoming Captain shall nominate a Vice-Captain for support by the Committee and approval at the Ladies’ Annual General Meeting (AGM) always provided that alternative candidates may be proposed in accordance with the procedures set out in following paragraphs
41. Election to the Ladies’ Committee - The election to fill vacancies on the Ladies’ Committee shall take place at the Ladies’ AGM in accordance with the procedure set out in paragraph 46.
42. Casual Vacancies on the Ladies’ Committee – The Ladies’ Committee may co-opt other full members, normally with at least one year standing to fill casual vacancies on the Ladies’ Committee.
43. Ladies’ Annual General Meeting – the Ladies’ AGM shall be held each year at such a time that will allow any matters requiring the attention of a General Meeting of the Club can be properly promulgated in advance of that meeting. Formal notice of the Ladies’ AGM and a copy of the agenda shall be posted, on each Club notice board, giving twenty-one days’ notice. Seven days’ notice in writing is to be given to the Ladies’ Hon. Secretary for an item to be introduced under Any Other Business. Ten voting members shall form a quorum and if there is a tied vote it shall be deemed that the proposal in question has been denied. Voting shall be by show of hands or by ballot as directed by the presiding Chairman.
44. Ladies’ Extraordinary General Meeting – A Ladies’ Extraordinary General Meeting (EGM) may be called at the discretion of the Ladies’ Committee to deal with any matter of major importance. The Ladies’ Committee shall be bound to call a Ladies EGM within twenty-one days of the date of a requisition in writing, signed by no fewer than ten members of the Section. A copy of the agenda and seven days’ notice shall be posted to each voting Lady Member.
Ten voting members shall form a quorum and in the case of a tied vote it shall be deemed that the proposal in question has been denied.
GENERAL MEETINGS
45. Attendance – Only members entitled to vote are eligible to attend a General Meeting unless the prior permission of the Committee has been sought and obtained.
46. Notices – A notice of any General Meeting shall be posted on all Club Notice Boards at least fourteen days prior to any meeting specifying the business to be undertaken and the day, place and time of the meeting.
47. Quorum & Voting – the quorum for any General Meeting shall be twenty voting members. Members eligible to vote may exercise one vote for each proposal. Votes may be cast by show of hands or by written ballot as directed by the Chairman.
48. Tied Vote – In the case of a tied vote the President shall exercise a casting vote. In such circumstance, nominees may withdraw and those members attending the meeting shall be re-balloted until the tied vote is resolved.
49. Annual General Meeting – An Annual General Meeting (AGM) shall be held at the location identified at such a date, time, place and hour as the Committee decide to transact the following business.
a) Record the presence of a quorum
b) Record apologies for absence
c) Confirm the Minutes of the last AGM and any General Meeting (GM) held since that time
d) Matters arising from the previous AGAM and any GM since that time
e) Receive and adopt the Finance Report and the Audited Accounts of the Club for the preceding year to the 31st December. These are the Golf Club Accounts and not
Business Accounts
f) Receive the Club Managers Report
g) Receive and adopt the Club Captain’s Report
h) Election of Committee
i) Approve budget for the following year
j) Consider any other proposal required to be heard at the Meeting. A Member may request a proposal to be heard at an Annual General Meeting by forwarding to the Chairman at
least twenty-eight days before the date of the AGM, a copy of that proposal, seconded by another Member, and the written arguments in its support. Unless deemed otherwise by
the Club Manager and only if the Proposer or Seconder is in attendance at the Meeting, shall such proposals be heard.
50. Extraordinary General Meetings
a) The Committee may call an Extraordinary General Meeting (EGM) when a question of importance with potentially material impact on the membership as a whole arises.
b) Any Club member(S) shall raise a matter of concern with the appropriate member of the Committee in the first instance. After action by the member of the Committee, if in
the opinion of those raising it, the concern remains unresolved, then the member(s) are at liberty to raise the matter in writing with the Committee. After action by the Committee,
if in the opinion of those raising it, the concern remains unresolved and a total of ten members support a further submission to the Committee, then the Committee shall at the
earliest opportunity call an Extraordinary General Meeting to resolve the matter.
RULES AND BYLAWS
51. Alteration and Interpretation of the Rules and Bylaws – The Rules shall not be altered nor repealed nor shall any new Rule be made, except by resolution of a General Meeting of the Club. Any dispute arising out of or not covered by these Rules shall be submitted in writing to the Club Manager who shall refer the matter to the Committee whose decision shall be final. The Committee shall be empowered to alter, amend, delete or add to the Bylaws to meet any situation.
52. Complaints – In no instances shall a Member directly reprimand an employee or contracted employee of the Club, nor make derogatory remarks to one employee about the performance of another. Any complaint, whether it concerns a Club employee or not, shall be made in the first instance to the Club Manager. If unable to resolve the matter the Club Manager shall refer it to the appropriate member of the Committee who, if necessary, shall involve the Committee to ensure its resolution. Thereafter, if complainants remain unsatisfied they shall be entitled to request that the matter be resolved at a General Meeting.
53. Club Property – Unless authorised by the Club Manager or necessitated by their management or administrative duties in support of the Club, no member shall take away from the Clubhouse under any pretence whatsoever, or shall injure or destroy, any newspaper, pamphlet, book or other article being the property of the Club.
54. Dress and Deportment – The dress and deportment of Members, Guests and Visitors must be respectable both in the Clubhouse and on the Course. All those using the Clubhouse and the Course shall abide by the dress regulations as shall from time to time be decided and published by the Committee. No Golf equipment is permitted in the Clubhouse. The wearing of any type of Golf shoe in the Clubhouse is forbidden, except on the green spike carpeting.
55. Members Personal Property – The Club cannot be held responsible for the loss of, or damage to, the property of members using the facilities provided nor shall the Club have any legal devolving upon the individual member.
56. Competitions – The conduct of Club Competitions shall be the responsibility of the Playing Committee, which shall draw up a separate schedule of regulations affecting competitions. A copy of these regulations shall be available in the Clubhouse at all times.
57. Address of Members – A master list of all members with their address and telephone number shall be held by the Club Manager. Members shall notify the Club Manager of any change in permanent address. This list shall be used to enable contact between members and for no other reason.
58. Dogs – No dogs other than Guide Dogs shall be permitted in the Clubhouse. Dogs will be permitted on the Course as long as they are under the control of the owner and kept secure on a short leash, however, dogs are not permitted on the course during competitions.
59. INSURANCE – Each Member should have their own public liability insurance. Care should be taken before hitting each shot, ensuring where possible that they are not going to injure any other person or damage property on or off the Golf Course. If persons or property are damaged then it is the responsibility of the Golfer to sort out any damages with the claimant.
60. Trolley Ban and Closure of the Golf Course – The Course Manager, Club Manager his/her nominee, are empowered to temporarily forbid the use of trolleys/buggies or to close the course, in part or as a whole, to prevent undue damage. The Golf Course or any part thereof may also be closed to general play for an indeterminate period on the occasion of any previously notified competition. Before starting any round and not withstanding the schedule of potential closures set out, in the Club’s Annual Calendar, members should verify the playing status on the course.
61. Use of Mobile Telephones – Except in response to an emergency situation, the ringing tone of mobile telephones shall be switched off and calls may not be made or received whilst the player is on the course.
62. Use of Privately Owned Ride-On Buggies – Each application to use a privately owned ride-on buggy will be considered on its merits by the Management Committee. In order to prevent damage to the course that would be caused by the proliferation of ride-on buggies, the Committee will require written notice from a qualified medical practitioner certifying that the member wishing to use such a machine cannot be reasonably expected to walk at least 9 holes whilst carrying a bag of clubs or transporting them on a manually or electrically propelled trolley. In addition, the Committee will also require documented evidence that the member using such a machine holds adequate personal and third party insurance. The use of privately owned ride-on buggies shall not be permitted throughout the period of any imposed “trolley ban”.
DISCIPLINE
63. General – The Managing Director, Club Manager, Course Manager or Club Captain during absence of the Club Manager may deal summarily with minor infringements of Club Rules or Bylaws in accordance with Paragraph 75. Matters considered by the Club Manager to be more serious shall in the first instance be the responsibility of a Disciplinary Sub- Committee consisting normally of the Club Manager (Chairman of the Sub-Committee), Club Captain and Course Manager. The Disciplinary Sub-Committee shall undertake its duties in accordance with the guidelines provided at Annex B taking into account any pertinent written record of previous indiscipline that remains on file. During any investigation, the Club Manager may request the support of administrative assistance. Only the most extreme circumstances shall any Member be denied access to the Clubhouse or playing and practice facilities pending the resolution of any disciplinary matter. Within the timescales detailed in the following paragraphs this Sub-Committee is to investigate reports of indiscipline and with due attention to all facts and representations made, decide if there is a case to answer. Thereafter the Sub Committee shall exercise its authority within the bounds detailed below:-
64. Minor Infringements – When in the opinion of the Club Manager a minor infringement of the Club Rules and Bylaws has occurred, the circumstances may be investigated. The matter being proven, the Member(s) concerned may receive a written warning or, in the presence of another Member of the Committee, be verbally warned by the Club Manager.
A record of the circumstances of the infringement and warning given shall be retained in the Club’s disciplinary file for twelve months from the date of the incident. Cause for a further verbal warning to the same Member(s) within twelve-month period may, at the discretion of the Club Manager, lead to further more formal disciplinary action.
65. Appearances before the Disciplinary Sub-Committee or Committee – Member(s) appearing before the Disciplinary Sub-Committee or the Committee concerning a disciplinary matter may call witnesses and be accompanied by a friend though not legally represented. If a Junior Member is involved, a parent or legal guardian must be present. The accused Member(s) shall offer to the Committee, or orally, in writing or through an accompanying friend, an explanation of their conduct. Through the Chairman, the Members of the Committee may question the accused Member(s). In like manner they may also question any witnesses introduced. Once the Committee’s investigation is completed the accused Member(s) and their witnesses shall leave the room while the Committee discuss the matter, vote and decided punishment as necessary. They shall then be recalled and the Chairman shall make known the outcome of the Committee’s deliberations. A simple majority shall suffice in any vote taken in a disciplinary matter. In the case of a tied vote at a disciplinary hearing there shall be no casting vote and the proposal shall be declared to have been defeated.
66. Procedure for Formal Disciplinary Action – If in the view of the Club Manager, the conduct of any Member, either inside or outside the Club, is believed to be such as to cause injury to the Club’s reputation, is against the interests of the members as a whole, or is a serious infringement of Club Rules, the disciplinary Sub-Committee shall formally investigate the matter. In so doing the Disciplinary Sub-Committee shall give written notice of the grounds of the complaint to the Member(s), obliging them to attend a meeting of the Disciplinary Sub-Committee, normally within seven working days of the alleged infringement, in order to offer an explanation of their conduct. When the investigation is complete, the Disciplinary Sub-Committee may decide to take no further action, formally warn the offender(s) or propose that the Committee suspend or expel any Member(s) found to be at fault. Disciplinary hearings referred to Committee for disposal shall wherever possible be heard within the following seven working days.
a) Formal Warning – Any formal warning shall be in writing and a copy retained in the Club’s disciplinary file for a period of twenty-four months following the date of the warning.
b) Suspension – Where the decision of the Disciplinary Sub-Committee is to propose Suspension, the Club Manager shall within a reasonable time (normally seven working days) invite
the accused Member(s) to appear before a disciplinary meeting of the Committee. If a majority of the Committee present at the time vote in support of the proposal of the Disciplinary
Sub-Committee, then the Member(s) shall be suspended. The Committee shall then decide upon the duration of the suspension. The duration of a suspension imposed the Committee
shall not exceed ninety days. The accused Member(s) shall be recalled to the Committee and the Club Manager shall announce the decision(s) made. A decision to temporarily
suspend the privileges of a member shall be notified in writing, recorded n the Club’s disciplinary file and retained on file for a period of thirty-six months following the date of completion
of the suspension. Any such suspension shall take immediate effect. No person whose membership is suspended shall be admitted as a guest or use the Club playing or practice areas.
c) Expulsion – Where the decision of the Disciplinary Sub-Committee is to propose expulsion, the Club Manager shall within a reasonable time (normally seven working days) invite the
accused Member(s) to appear before a meeting of the Committee. The Disciplinary Sub-Committee may attend this meeting but shall not take part in any vote.
Once the Committee investigation is complete the accused Member(s) shall leave the room while the Committee discusses the matter. The Members of the Disciplinary Committee shall then retire and the matter shall be put to the vote. If a majority of the Committee vote in support of the Disciplinary Sub-Committee’s proposal, the Member(s) shall be invited in writing (dispatched by recorded delivery) to resign within seven calendar days. In default of resignation, the Member(s) shall be deemed to have ceased to be a member of the Club on the morning of the eighth day following the date of the invitation to resign. If the Committee does not support the proposal of the Disciplinary Sub-Committee, it shall decide whether other action should be taken by the imposition of a suspension or formal warning in accordance with the parameters detailed in foregoing paragraphs. The accused Member(s) shall be recalled to the Committee and the Club Manager shall announce the decision(s) made.
d) Right of Appeal against Warnings, Suspension or Expulsion
- Appeal Against a Warning – If within a reasonable period (normally seven days from the date on which the Warning is ratified by the Committee) a ‘warned’ Member requests, by written notice in writing to the Club Manager, that the matter be referred to a meeting of the Committee, an appropriate meeting shall be convened with the next seven working days. The form of this meeting shall follow that set out in the foregoing paragraphs.
- Appeal Against Suspension - If within a reasonable period (normally seven days from the date on which the Suspension is ratified by the Committee) a ‘suspended’ Member requests, by written notice in writing to the Club Manager that the matter be referred to a General Meeting of the Club, a meeting shall be convened in accordance with the timescales set out elsewhere in this document. In the meantime, any unexpended portion of the original suspension shall temporarily lapse. At the General Meeting the Member(s) concerned shall again have the right to offer an explanation of their conduct orally, in writing or through an accompanying friend. They may call witnesses. The accused Member(s) and any witnesses may be questioned through the Club Manager. Thereafter the matter shall be put to the vote. If a majority of those attending and eligible to vote, vote in favour of the Committee’s proposal to suspend, then the decision of the Committee shall stand and any residue of the lapsed suspension shall be served. If the proposal to suspend is not supported by a majority, then no further action shall be taken.
- Appeal Against Expulsion - If within a reasonable period (normally seven days from the date on which the Expulsion is ratified by the Committee) a expelled Member requests, by written notice in writing to the Club Manager that the matter be referred to a General Meeting of the Club, then such a meeting shall be convened in accordance with the timescales set out elsewhere in this document. At the General Meeting the Member(s) concerned shall again have the right to offer an explanation of their conduct orally, in writing or through an accompanying friend. They may call witnesses. The accused Member(s) and any witnesses may be questioned through the Club Manager. Thereafter the matter shall be put to the vote. If a majority of those attending and eligible to vote, vote in favour of the Committee’s proposal to expulsion, then the decision of the Committee shall stand. If the proposal to expel is not supported by a majority, then no further action shall be taken.
67. Exclusion – No person who has been expelled may thereafter re-apply for membership, be admitted as a guest or use the Club as a Green Fee paying visitor.
68. Rights and liabilities – A Member suspended under the Rules of the Club shall throughout the period of suspension forfeit all rights to and claims upon the Club, its property or funds save in the case of the winding up of the Club. Any Member expelled in accordance with the Rules shall forfeit all rights to and claims upon the funds.
ANNEX A TO
HENLOW GOLF CLUB
CONSTITUTION, RULES AND BYLAWS
Conduct of the Game
1) The Club agrees to recognise the Royal Ancient Golf Club of St Andrews (R&A) as the ruling body of Amateur Golf and shall abide by the Rules of Golf and Amateur Status as laid down from time to time by the R&A.
2) The Club agrees to comply with the Council of National Golf Union’s Regulations and Rules of the SSS & Handicapping Scheme (and any conditions imposed within the scheme by the English Golf Union)
3) The Club agrees to comply with the Constitution and Rules of the English Golf Union and of its County Union as laid down from time to time.
4) Subscriptions to the English Golf Union and County Union – The Club shall pay all subscriptions due to the County Union and to the English Golf Union in respect of every playing member of whatever category.
5) Disciplinary Powers – the Club shall duly exercise the disciplinary powers delegated to them under the English Golf Union Constitution.
6) Elections – The Members at Annual General Meeting or the elected General Committees which ever is appropriate shall appoint a Competition and Handicapping Committee (the majority of which shall be elected Members) which shall have complete control of handicapping matters in the Club.
7) Revocation – Rules 1 to 4 and this Rule shall not be amended or revoked without the prior written consent of the English Golf Union.
ANNEX B TO
HENLOW GOLF CLUB
CONSTITUTION RULES AND BYLAWS
GUIDANCE ON DISCIPLINARY PROCEDURES
Originating Stage
A complaint concerning a member can originate in many ways and from diverse sources; by letter, telephone, verbally, by observation by a Committee Member, from statutory bodies or indeed from a member of the public. There is therefore a need to process any incident in a formal manner. The incident should be recorded, assessed for the possible gravity of the allegation and processed for investigation.
Investigating Stage
Employment Law calls for a fair and thorough investigation before any disciplinary action is taken against employees. Club Members expect this in their working lives and it is reasonable for them to expect the same fair investigation of any complaints made against them. A nominated official of the Club should undertake the investigation. This official should be accompanied throughout the investigation and notes of any interview retained. Initially, there should be no implication of blameworthiness. The investigation is to establish the facts, ascertain the member’s response to the incident and seek independent evidence. The Member(s) concerned should be advised in writing of the details of the allegations and be offered the opportunity of responding in writing or by means of an interview at which a friend may be present. Any points that arise can be examined, additional evidence obtained, and if necessary the original complainant(s) interviewed. The object of this stage is to obtain a clear picture of the incident and produce a written report setting out the evidence so that it can be readily determined whether or not the allegations is well founded. Having gathered all the evidence it should then be decided whether, or not there is a case to answer.
Disciplinary Stage
If there is a case to answer then a hearing before the Disciplinary Sub-Committee should be held and, if the case to answer is upheld, the appropriate penalty determined bearing in mind the gravity of the offence and taking into consideration any mitigating circumstances. The Disciplinary Sub-Committee should document the findings, referring the matter to the Committee as necessary, and advise the accused Member(s) accordingly. The Committee should hear the evidence and ratify the findings where the penalty is deemed to warrant suspension, resignation or dismissal from the Club. Following the decision, and if necessary ratification by the Committee, the Member should be advised of the decision and the right of Appeal. At the Originating Stage when it is thought possible that the allegation could lead to resignation or dismissal, it is essential that the Investigation and Disciplinary process do not merge into one hearing.
Appeal Stage
On receipt of an Appeal the Committee would review all evidence, satisfy itself that the Club’s procedures have been followed and arrange to interview the appellant. The appellant should be advised that another Member or friend might accompany them. The duty of the Committee is to test the decision, satisfy itself that the penalty was appropriate and advise its decision to the appellant. Following disposal by the Committee the appellant may request that the matter be heard by a General Meeting of the Club.
