NELSON YACHT CLUB: SPECIAL GENERAL MEETING
27th July 2014
PURPOSE:
The purpose of the Special General Meeting is to consider an amendment to Rules 21 and 22.
CURRENT RULES:
21.0 OBJECTIONABLE BEHAVIOUR
21.1No gambling, betting, objectionable language, bullying or fighting or behaviour that may bring the Club into disrepute will be allowed.
21.2 Intoxicating liquor may only be sold on Club premises subject to the Club’s Liquor License and the Liquor Licensing Laws.
22.0 DISCIPLINARY HEARING
22.1 Upon any complaint being received by the Administration Committee concerning the behaviour of any member or any member’s crew or visitor on Club Premises or during Club activities the Administration Committee shall:
22.2 Inform the member in writing of the intention of the Committee to call an enquiry into the conduct complained of. Such hearings to be held in Committee.
22.3 Give the complainant and member time to arrange a representative if desired and to arrange witnesses.
22.4 Allow the complainant, member or their representative and their witnesses or any other witnesses the Committee shall call to give evidence.
22.5 Allow the member or his/her representative to question any of the witnesses present who give evidence.
22.6 The Administration Committee may appoint an independent Chairman or Commissioner to the hearing.
22.7 Any independent Chairman or Commissioner shall have a vote on any Resolution under Rule 22.10.
22.8 The Administration Committee shall have power to regulate the conduct of the inquiry.
22.9 Any member of the Administration Committee may act as complainant but then may not vote or participate in deliberations.
22.10The Administration Committee after a fair hearing shall have power by a resolution passed by a majority of no less than 75% of the members of the Committee to fine any member for a breach of these rules or any by-laws, a sum not exceeding twice the senior membership subscription for the current year or as the Committee shall consider fit in respect to any one offence.
22.11 The Administration Committee may, if it considers the offence serious enough, by 75% majority vote expel any member or suspend a member from enjoying the privileges of the Club for such period as it may consider fit.
22.12 The deliberations and discussions shall remain confidential between all the parties subject to Rule 22.13.
22.13 The Administration Committee shall inform the members of the decision.
PROPOSED RULES:
21.0 OBJECTIONABLE AND UNACCEPTABLE BEHAVIOUR
21.1 The following behaviours are considered objectionable or unacceptable and may result in action being taken against a member or other person
- Offensive, abusive or insulting language
- Bullying
- Violence or threats thereof
- Harassment including sexual harassment
- Inappropriate behaviour towards or involving another person
- Gambling or betting
- Using or attending the club while affected by illegal substances, or bringing such substances onto the club’s premises
- Being intoxicated
- Wilfully damaging club property or other persons property at the club
- Any other behaviour that may bring the Club into disrepute
21.2 Intoxicating liquor may only be sold on Club premises subject to the Club’s Liquor License and consumed in accordance with the terms of the license. Persons under the minimum legal age of consumption are not to be provided with or consume alcohol on the Club premises.
22.0DISCIPLINARY PROCEDURE AND PENALTIES
22.1 The Administration Committee may initiate disciplinary proceedings against any member or crew or visitor to the club if
- The Committee becomes aware of a breach of Rule 21; or
- On receipt of a complaint in writing from another member or member of the public
22.2 The Administration Committee will advise the member or other person in writing of the allegation or the complaint against them and ask for an explanation in writing. The letter will draw their attention to the available penalties set out in Rule 22.10.
22.4 The Administration Committee may decide to undertake an enquiry into the alleged conduct. It may appoint an independent person to investigate the matter, and to report back to it.
22.3 The Administration Committee will consider the explanation and any report as provided under Rule 22.4, and make a decision as to whether or not further action is required. If the decision is that no action is required, the Administration Committee will advise the member or other person, and any complainant accordingly.
22.4 If the decision is that further action is required, the Administration Committee may, at its sole discretion,
- Decide on what action is to be taken against the member or other person in terms of Rule 21 and notify him or her in writing, or
- Convene a hearing before the Administration Committee.
22.5 If a hearing is convened, both the complainant and the person complained against will be advised in writing at least 14 days prior to the hearing date. The parties will be advised in writing:
- Of the date, time and location of the meeting, and
- That they are entitled to be represented at the hearing, and
- That they are entitled to call witnesses to give evidence on their behalf, and
- That they or their representative are entitled to cross examine each other and the other witnesses, and
- Of the possible consequences set out in Rule 22.10 if the complaint against them is proven
22.6 Unless excused by the Administration Committee, the parties will notify the Administration Committee of the names of their representatives and witnesses, if any, at least 7 days prior to the hearing.
22.6 If the allegation or complaint was initiated by the Administration Committee, one Committee Member or another person appointed by the Administration Committee will present the Committee’s case. Any Committee Member may ask questions of any of the parties and their witnesses. The Administration Committee may, if it considers it necessary, also appoint an independent person to chair the proceedings. Such person shall not have a vote on any resolution.
22.7 Any member of the Committee who is a complainant shall not take part in the deliberations or vote on the outcome.
22.8 The Administration Committee shall have power to regulate the conduct of the inquiry as it sees fit, but must observe accepted common law principles of natural justice and fairness.
22.10 The Administration Committee after a fair hearing shall have power by a resolution passed by a majority of no less than 75% of the members of the Committee entitled to vote impose one or more of the following penalties on the person:
- The production of an acceptable (to the Administration Committee) letter of apology,
- Censure the person and remind them of their obligation to comply with Rule 21,
- Formally warn them that a repeat of the behaviour complained of may result in more serious action being taken against them. Such warnings will include an expiry date,
- Suspend the person from sailing and/or taking part in sailing related or social activities or other privileges for a specified period,
- If a member, suspending their membership for a specified period,
- If not a member, excluding them from the clubs premises for a specified period,
- Expelling the member or permanently excluding the person from the premises.
22.12 The deliberations and discussions shall remain confidential between all the parties subject to Rule 22.13.
22.13 The Administration Committee shall inform the parties and all members of the decision.
22.14 Any member who feels they were not fairly treated or heard may ask the Administration Committee to review its decision. The member must present their request in writing giving clear reasons to support their request. The Administration Committee has full discretion to determine what its response will be ranging from no action to a reconvening of the hearing. The Administration Committee’s decision will be binding with no further right of appeal.
REASONS FOR THE AMENDMENTS:
Following a hearing of a complaint against a Club member, the Administration Committee suggests that the procedure for hearing the complaint and dealing with any sanctions resulting from the hearing should be clarified and streamlined.
RULE 21: OBJECTIONABLE BEHAVIOUR has been revised to include a wider range of behaviour considered objectionable for guidance purposes.
RULE 22: DISCIPLINARY HEARING procedures required further clarification and the penalties that could be imposed were in the Committee’s views too restrictive. However the imposition of a financial penalty has been removed.
Dave Gibb
Commodore
NELSON YACHT CLUB Inc.
14th July 2014