This new draft Constitution will be voted on at the AGM in September 2012:
Major changes from current Constitution which was re-written only last year :
3.1 Committee increased to include (q).
4.2 Clause about three categories of membership has been largely re-written.
6.1 Clause largely re-written to clarify (a) notification of date of AGM, and (b) timimg for submission of Special Resolutions and Nominations for Committee, and for Distribution of Agenda.
8.1 New section about affiliation of all clubs to the County Association.
"Schedule of Disciplinary Procedures" has had five paragraphs added to cover a two-tier investigative and disciplinary process in line with EU Human Rights legislation
CORNWALL CONTRACT BRIDGE ASSOCIATION
CONSTITUTION AND SCHEDULE OF DISCIPLINARY PROCEDURES
1. TITLE ANDCONSTITUENT MEMBERSHIP
1.1 The Cornwall Contract Bridge Association is anAssociation as defined in the Bye Laws of the English Bridge Union Ltd., andshall be referred to as the Association throughout the Constitution.
1.2 The Association is a Constituent Member of the EnglishBridge Union Ltd. It shall abide with its Bye Laws, Rules and Policies. Hereinafter the English Bridge Union Ltd shallbe referred to as the EBU.
2. OBJECTS OF THEASSOCIATION
2.1 To promote Duplicate Contract Bridge in Cornwalland to encourage participation in inter-club, inter-county and nationalcompetitions.
2.2 To employ the funds of the Association in the bestinterests of the game of Duplicate Contract Bridge, having regards to the factthat the Association is a non-profit making body.
3. MANAGEMENT OFTHE ASSOCIATION
3.1 The management of the affairs of the Associationshall be vested in the following officers :-
(a) Chairman (who acts as the chairman of the ExecutiveCommittee)
(b) Vice Chairman
(e) Tournament & Entries Secretary
(f) EBU Shareholder
(g) Chief Tournament Director
and not morethan nine other members of the Association, who together will fulfil the rolesof :-
(h) County Club Representative
(i) County Education Officer
(j) Press Secretary
(k) Membership Secretary
(l) Congress Secretary
(m) Secretary - East League
(n) Secretary – West League
(o) Clubs’ Representative (East)*
(p) Clubs’ Representative (West)**
(q) General Committee***
* to represent Bodmin, Bude, Liskeard,Newquay, St. Austell, Wadebridge bridge clubs
** to represent A & J, Camborne,Godolphin, Falmouth, Penventon, Penzance, St. Ives, Truro bridge clubs
*** in the event of a member(s) fulfilling simultaneously more than one of the roles (a) to (p), a maximum of two additional members may also be elected
Officers (a) to (p) will togetherform the Executive Committee.
3.1.1. All Officersand other Executive Committee members shall be elected annually at the AnnualGeneral Meeting by a simple majority of the members of the Association present,except the County Club Representative who is elected as under clause 8.2.
3.1.2. All Officersand other Executive Committee members shall be eligible for re-election,provided that the Chairman shall not serve for more than three consecutiveyears.
3.1.3. A member of anaffiliated club, which is not represented by the officers above, may attendcommittee meetings in a non-voting capacity.
3.2 The Executive Committee shall meet from time to timeas it deems fit. A quorum shall consist of six members and, in the event of atie on votes cast, the Chairman of the meeting shall have the casting vote.
3.3 The Executive Committee shall have the power to co-optand to fill any vacancies.
3.4 The Executive Committee may from time to time appointand disband sub-committees as may be deemed necessary, and may delegate to themsuch powers or duties as may be deemed to be expedient. Such sub-committees shall conduct theirbusiness as directed by the Executive Committee.
3.5 The Executive Committee shall appoint a ConductCommittee and a Disciplinary Committee through its powers to appoint asub-committee under Clause 3.4 of the Constitution. The Conduct Committee shallconsist of no fewer than three, and no more than five, members of theAssociation. The Terms of Reference for these Committees are contained in theSchedule of Disciplinary Procedures.
3.6 The Executive Committee is responsible for the controlof all monies and assets of the Association. The Treasurer shall be responsible for the collection of all monies dueto the Association, the payment of all accounts and for keeping the books ofaccount. The Treasurer shall account tothe Executive Committee for all financial transactions as and when required,and shall prepare a report and statement of accounts duly audited, for eachAnnual General Meeting.
4.1 All members of the Association must be Player Members of the EBU.
4.2 There are three categories of membership.
a. Ordinary membership –members of the EBU who have their primary allegiance recorded withthe Association; membership commences when their primary allegiance is recordedwith the EBU.
b. Dual membership–members of the EBU who have their primary allegiance recorded with anotherAssociation can become a member of the CCBA by meeting the terms and conditionsin force at the time of the request for membership.
c. Direct membership –members ofthe EBU who do not have primary allegiance to any Association can become amember of the CCBA by meeting the terms and conditions in force at the time ofthe request for membership.
4.3 Themembership year shall run from 1st April to31st March.
4.4 The Association may decide to charge an annual subscription for each category of membership.
4.5 A member of the Association becomes a paid-up memberthrough payment of any Association Pay-to-Play County component whenparticipating in events at an affiliated Duplicate Bridge Club and/or throughany annual subscription for their membership category.
4.6 A member of the Association ceases to be a paid-upmember if any annual subscription is not paid by 31st May.
4.7 A member of the Association must be a paid-up memberfor the relevant membership year in order to vote at its AGM, and toparticipate in its main competitions within that membership year.
4.8 The Association Pay-to-Play County component, and anyannual subscription for each membership category for the year commencing thenext 1st April, shall be decided by a simple majorityof the paid-up members at the Association AGM.
5. LIFE MEMBERS
5.1 The Executive Committee of the Association may honourlong standing members for their service to the Association by electing them tolife membership of the Association. ALife Member of the Association shall automatically become a paid up member ofthe Association for each Membership Year. In addition a Life Member of theAssociation shall not be required to pay the entrance fee to any of its countycompetitions.
6. MEETING OF THEASSOCIATION MEMBERS
6.1 An Annual General Meeting (AGM) of the Associationshall be held in September of each year, or as soon as possiblethereafter. The place, date and time ofthe AGM shall be determined by the Executive Committee, and shall be detailedin the Members Handbook circulated in July to all members of the Association.
6.1.1 The ordinary business of the meeting shall comprisesubmission of the Reports of the Executive Committee, adoption of the Accounts,election of Officers and Executive Committee members, ratifying the Membership Subscriptionsand County Pay to Play levy, appointment of an Auditor, and election of EBU Representatives.
6.1.2 Six weeks before the date set for the AGM, theSecretary shall send an advance notice to all Club Secretaries inviting membersof the Association to (a) submit Special Resolutions for inclusion in theAgenda for the AGM, and, or (b) nominate a member to serve on the ExecutiveCommittee.
6.1.3 A request for a Special Resolution from a member ofthe Association, which shall require a vote by the paid up members at the AGM,must be lodged in writing with the Secretary no later than four weeks beforethe date of the AGM. The request must besupported in writing by two other members of the Association.
6.1.4 A nomination for a member of the Association to serveon the Executive Committee must be received in writing by the Secretary fourweeks before the date of the AGM. The nomination must be supported by anothermember of the Association.
6.1.5 The Secretary shall publish an Agenda for the AGM nolater than three
weeks beforethe AGM. The Agenda shall be distributed to all Club Secretaries; Dual and Directmembers of the Association shall be mailed individually.
6.2 An Extraordinary General Meeting (EGM) shall beconvened on the instructions of the Chairman or on receipt of a requisitionsigned by not less than 20 Association members and stating the purpose of sucha meeting. A notice convening the meetingtogether with either the motions or a statement of the matters to be discussedshall be sent to each affiliated club at least 21 days before the date of themeeting. The meeting shall deal onlywith such matters.
6.2.1 The EGM shall be held no earlier than 28 days,and no later than 42 days, after the Secretary has received the writtenrequest.
6.3 Any vote at an AGM or an EGM which is tied shallbe split by the casting vote of the Chairman of the AGM or EGM.
6.4 A notice convening an AGM or EGM shall be deemedto have been published three days after written details are posted (and thisshall include email postings) by the Secretary to the secretaries of theAssociation’s affiliated clubs. Thenotice shall also be posted on the Association’s website.
6.5 The quorum for an AGM and EGM shall be 2.5% of the Association's membership. (Amended at EGM 29.03.15)
6.6 The Secretary shall be required to arrange afurther EGM, if an AGM or EGM fails to reach a quorum. In both circumstancesthe additional EGM shall be scheduled to occur within the period of 28 to 42days after the aborted AGM or EGM. TheSecretary shall publish the date, venue and time of the EGM at least 21 daysbefore the date of the additional EGM.
6.7 If the additional EGM once again fails to reacha quorum, the Executive Committee shall take any decisions necessary to continue to manage the affairs of theAssociation.
7.1 Each member of the Association shall be requiredto conform with standards of fair play, courtesy and personal deportmentprescribed by the Bye Laws and regulations for the time being of the EBU.
7.2 The Association shall have the powers and theprocedures for the enforcement of the requirement in clause 7.1. They are set out in the DisciplinaryProcedures below.
8 AFFILIATEDDUPLICATE BRIDGE CLUB
8.1 Any Duplicate Bridge Club may affiliate to theAssociation and all such Clubs shall be affiliated to the EBU. The Associationhas the right to determine at an Annual General Meeting through a simplemajority of its paid up members, the annual club affiliation fee to be chargedfor the twelve month period from the following 1 April.
8.2 Elections for the Regional Club Committee
All affiliated Clubs areentitled to propose and vote for the County Representative to sit on theRegional Club Committee (South West). All nominations for this must besubmitted to the County Secretary in writing (or email) at least 28 days priorto the AGM. In the event that there is more than one nomination for the posteach affiliated club shall have one vote to be exercised (by the letter oremail) to the County Secretary to arrive prior to the commencement of the AGM.The representative for the Regional Club Committee should be independent of theCounty Committee.
9. CONSTITUTION AMENDMENTS
Alterations to the Constitution shall be made only at anAGM or EGM through the positive votes of at least two thirds of the paid upmembers present.
10. DISSOLUTION OF THE ASSOCIATION
The Association shall be dissolved at an EGM provided atleast two thirds of the total paid up members present on the date of the EGMpositively vote for its dissolution. Theassets of the Association on a dissolution shall be distributed in accordancewith the wishes of the majority of the members present.
On all questions of interpretation of the Constitution thedecisions of the Executive Committee shall be binding until or unless upset atan AGM or EGM. The Executive Committee shall determine any point or matter thatis not covered by the Constitution.
The terms Association, Constituent Member, DuplicateContract Bridge and Playing Member have the meanings set out in the Bye Laws ofthe EBU.
Schedule of Disciplinary Procedures
1. Requirements of the Schedule
This Schedule is referred to under clause 7.2 of theConstitution and prescribes the powers and procedures for enforcement. It willcomply with and follows the EBU disciplinary procedures and any variationsthereof that are made from time to time. The Association shall act through itsConduct and Disciplinary Committees for the enforcement of standards prescribedin clause 7.1 of the Constitution. The Association shall have additional powersas set out in the clauses below.
2. Receipt of allegation
Any person making a complaint against one or more membersof the Association, under the terms of clause 7.1 of the Constitution, must doso in writing to the Secretary or the Chairman of the Association.
The County Association will deal with any disciplinaryallegations referred to it from its affiliated clubs using the DisciplinaryProcedures set out in this Constitution.
This may involve investigation, a hearing and an appeal,however if a proper hearing has already been held then the County Associationshould only convene an appeal hearing.
3. Conduct Committee
The Executive Committee of the Association shall appointits Conduct Committee through its powers to appoint sub committees under clause3.5 of the Constitution. The Conduct Committee shall be responsible forinvestigating complaints against the Association’s members and to determinewhether a Disciplinary Offence should be referred to the Association’sDisciplinary Committee.
The Conduct Committee shall consist of no fewer than threemembers of the Association and no more than five. A quorum for any meetingshall be three of its members. It shall act by simple majority vote and itsappointed chairman, or whomsoever in his absence the Conduct Committee shallselect to chair a meeting, shall have a second, or casting vote in the eventthat there is parity of voting.
4. Disciplinary Committee
The Executive Committee of the Association shall appointthe Disciplinary Committee through its powers to appoint sub committees underclause 3.5 of the Constitution. The Disciplinary Committee shall, determinesanctions for offences admitted by the defendant, hear charges of offences anddetermine whether those charges are proved and if proved, to determine thesanction imposed.
The Disciplinary Committee shall consist of no fewer thanthree members of the Association and no more than five. At least three of its members must be presentwhen it makes a decision to uphold a complaint and impose sanctions on theoffending member. It shall act by simple majority vote and its appointedchairman, or whomsoever in his absence the Disciplinary Committee shall selectto chair a meeting, shall have a second, or casting vote in the event that thereis parity of voting.
5. Conflictsof Interest and Independence of the Conduct and Disciplinary Committees
Any member of either the Conduct or Disciplinary Committeewho is in any way personally involved in the allegations within a complaintwill be disqualified from participating in either Committee’s handling of thecomplaint.
A member of the Association cannot be a member of both theConduct and Disciplinary Committees.
6. TheComplaints Process
6.1. Notice of Meetings
Where a written complaint is made, or a matter otherwisecomes to the attention of the Conduct Committee, it shall first considerwhether such complaint or matter falls within the scope of the DisciplinaryRules and whether further action is warranted. Normally no action will be takenin respect of a complaint relating to an alleged offence which occurred threemonths or more prior to a formal complaint in writing made to the appropriateOfficer. If it does take action the Conduct Committee secretary shall firstwrite to the Defendant, seeking the Defendant’s comments on the substance ofthe complaint or matter that has been raised. The Conduct Committee shall alsobe entitled to make such further investigations and enquiries as it in itsabsolute discretion considers appropriate. The Conduct Committee shall also beentitled to seek advice both from within the Association and from the EBU Lawsand Ethics Committee, and to obtain external legal advice.
6.2. Complaint not justified
If the Conduct Committee decides that the complaint is notjustified, all parties shall be notified and the matter ended.
6.3 Complaint justified
If the Conduct Committee decides that the complaint isjustified, it may, in its absolute discretion, offer a verbal caution to theoffending member, which if accepted, ends the matter.
If the Defendant does not accept the verbal caution, orthe Conduct Committee decides a verbal caution is inappropriate, the ConductCommittee shall refer the case to a hearing by the Disciplinary Committee. TheDefendant shall be notified, in writing, within two weeks of this decision andof his right to make a written submission to the Disciplinary Committee and toattend the hearing. The Defendant shall have the right to be represented bylegal counsel of his choice or may be accompanied by a person to speak on hisbehalf. The Disciplinary Committee shall give at least two weeks notice of thehearing to the Defendant.
6.4. Disciplinary Committee’s Sanctions
If after the hearing the complaint is upheld, the DisciplinaryCommittee may in its absolute discretion:
(a) Give awritten reprimand to the offending member(s), or
(b) Suspend theoffending member(s) from all or some of the competitions sponsored or licensedby the Association for such period as it shall determine.
If the complaint is against a member of the ExecutiveCommittee then in addition to any other sanctions applied, the DisciplinaryCommittee shall have the power to suspend such member from the Association’sExecutive Committee and any of its sub committees for such a period that itshall determine.
Any sanctions imposed by the Disciplinary Committee mustbe communicated to the offending member in writing within twenty one days ofthe hearing.
No sanction shall come into effect until the time limitfor an appeal has expired. If anappeal is made the sanction will not come into effect until the appeal has beendetermined, and will be modified or cancelled if that determination sorequires.
Each member found guilty of a Disciplinary Offence by theDisciplinary Committee has the right to appeal to the EBU Laws and EthicsCommittee. Appeals must be in writing and lodged with the Secretary of the EBULaws and Ethics Committee within twenty one days of the written communicationof the Disciplinary Committee’s decision to the offending member.
6.6.Referral to theEBU Laws & Ethics Committee
At any time the Disciplinary Committee may refer acomplaint to the EBU Laws & Ethics Committee for its consideration. Indoing so the Disciplinary Committee shall have fully discharged itsresponsibilities under this Schedule.
The terms Disciplinary Rules and Disciplinary Offence havethe meaning set out in the Bye Laws of the EBU.
This Constitution and Disciplinary Procedure was adoptedat the Annual General Meeting on 16 September 2012 in the presence of :
CCBA Chairman CCBA Secretary
and a further ………. members of the association.