North Eastern Bridge Association

Constitution 2022

1.              NAME  

The Association shall be called ‘THE NORTH EASTERN BRIDGE ASSOCIATION’ (NEBA)  

2.              OBJECTS  

2.1.          To organise duplicate contract bridge matches and competitions (both face-to-face and online) and associated social gatherings in Northumberland, Tyne & Wear, County Durham, Tees Valley and that part of North Yorkshire delegated by the Yorkshire Bridge Association to remain part of NEBA.

2.2.          To co-operate with similar Associations for the advancement of the game.

2.3.          To support all the constituent Affiliated Clubs within NEBA.

2.4.          To support the activities of the English Bridge Union Ltd. (EBU) and to be a constituent member of it and operate within its current Bye-Laws, Rules and Policies.

2.5.          To employ the funds of NEBA in such a manner as its Council may deem to be in the best interests of the game.

2.6           To support clubs and individual NEBA members in developing the educational capacity in the region (including but not limited to the provision of teachers – both EBTA trained and otherwise; the provision of materials – both tangible and online; delivering classes and seminars – both face-to-face and online; supporting clubs to provide sessions suitable for Improvers).

3.              MANAGEMENT  

3.1.          The affairs of NEBA shall be vested in a Council which shall comprise the Chair, Vice-Chair, Secretary, Treasurer, and Chief Tournament Secretary, all of whom shall be elected at the Annual General Meeting. The Chief Tournament Director and Congress Secretary, shall be co-opted by the Executive and permanently co-opted to the Council, together with one representative from each Club affiliated to NEBA who shall be elected by the Club which they are representing. Members co-opted to the Council shall be entitled to vote at its meetings. All members of the Council must be members of NEBA (see Section 5 below).

3.2.          The day to day management of NEBA shall be deputed to an Executive Committee consisting of the Chair, Vice-Chair, Secretary, Treasurer, Chief Tournament Secretary, Chief Tournament Director and Congress Secretary. This Executive Committee shall meet not less than three times in each year (face-to-face or virtual, as decided by the Executive Committee) and may co-opt any up to six NEBA members to its number. Any members co-opted to the Committee shall be entitled to vote at its meetings. A quorum shall be three members. The Executive Committee is responsible for the control of all monies and assets of the Association. The Treasurer shall be responsible for the collection of all monies due to the Association, payment of all accounts and for keeping the books of account. The Treasurer shall account to the Executive Committee for all financial transactions as and when required, and prepare a report and statement of accounts duly certified by an Independent Examiner (as set out in the Charity Commission publication accessible at: http://www.charitycommission.gov.uk/publications/cc31.aspx#d) for each Annual General Meeting.

3.3.          The Executive Committee shall from time to time set up or disband such Sub-Committees as are thought proper, necessary or desirable for the conduct of the business of NEBA and shall delegate to such Sub-Committees such power and authority as may be considered desirable for the purpose for which they are formed.  The terms of reference of such Sub-Committees should be laid down in the Minute of Appointment.  The decisions of any such Sub-Committees shall be subject to the approval of the Executive Committee.  

3.4.          The Council may from time to time deem it necessary, and have the power, to co-opt any person to assist in the furtherance of NEBA, such persons to have such voting rights as the Council shall determine.  

3.5.          In the event of any vacancy on the Committee the Executive will invite nominations and will co-opt new members, pending election at the next AGM. Any persistent vacancy within the Executive shall, in the immediate short run and as necessary, be filled by the Vice-Chair (assuming the vacancy is not the Vice-Chair).

3.6.          A Club representative who is absent from any Council meeting may send a substitute who may speak or vote in his/her place.  

3.7.          The quorum for a Council meeting shall be eight.  

3.8.          An Independent Examiner shall be elected at the Annual General Meeting to certify the NEBA accounts.

3.9.          Nominations for Vice-Chair, Secretary, Chief Tournament Secretary and Treasurer for the ensuing year must be in writing and in the hands of the Secretary not later than 21 days before the Annual General Meeting, but in the absence of any such written nominations verbal nominations may be accepted at the meeting.

3.10.        The Chairman may not serve in that capacity for more than 3 successive years, at the end of which period it is normal practice that the Vice-Chair shall be nominated as the incoming Chair.

3.11.        The Council shall appoint shareholders to the EBU Shareholders in accordance with NEBA’s entitlement as defined by the EBU and such shareholders shall be co-opted to the Council, if not otherwise a member of the Council, with full voting rights.  

3.12.        The Council may appoint such person or persons to be Honorary President(s) or Honorary Vice-President(s) of NEBA as it shall determine who shall hold office until death or resignation or until removed from office by a resolution of the Council.  

3.13.        In the event of a tied vote at any meeting of the NEBA Council, its Executive or any Committee or Sub-Committee or at any General Meeting, the Chairman of that body’s meeting shall have a casting vote. The Chairman of the meeting shall not otherwise have a vote.

3.14.        The Council will meet on not less than two occasions during each year for the purposes of determining NEBA policy and approving or disapproving so far as is necessary the actions of the Executive Committee. Meetings may be face-to-face or virtual, and this decision shall reside with the Executive Committee.

4.              GENERAL MEETINGS  

4.1           Notice of the Annual General Meeting shall be made public by such various means as the Executive determine at least 21 days prior to the date of the meeting

4.2.          Any agenda items submitted by a member must be sent to the Secretary no later than 7 days before the date of the Annual General Meeting.

4.3.          Only members of NEBA shall have the right to vote at General Meetings.  

4.4.          The Annual General Meeting shall be held by May 31^st in any year or as otherwise determined by Council.  

4.5.          A statement of Accounts, duly certified up to the 31^st March, shall be submitted by the Treasurer for the Annual General Meeting. 

4.6.          An Extraordinary General Meeting of Members must be called upon the instruction of the Council, or upon the receipt by the Secretary of a written requisition signed by at least 25 members, and stating the nature of the business to be discussed. In the latter case, the Extraordinary General Meeting must be held not less than 21 days and not more than 28 days after the receipt of the written requisition by the Secretary. Notice of the Extraordinary General Meeting shall be given to affiliated Clubs not less than 14 days before agreed meeting.  

4.7.          A quorum for a General Meeting shall be 20 members.  

4.8.     If: (a) a quorum is not present at the time appointed for the meeting to start; or (b) a quorum ceases to be present during a meeting, the meeting may still come to indicative decisions on any matter, but those decisions must be ratified at a later General Meeting. The General Meeting must be re-convened and all members shall, via their Clubs, be invited with at least seven days’ notice.

4.9.     If no quorum is present at the re-convened meeting at the time specified for the start of the meeting the members present at that time shall constitute the quorum for that meeting.

5.              MEMBERSHIP  

5.1.          All members of NEBA must be Player Members of the EBU.

5.2.          A Player Member of the EBU shall become an ordinary NEBA member when their primary allegiance to NEBA is recorded with the EBU.

5.3.          A Player Member of the EBU whose primary allegiance is with another Association, or does not have primary allegiance to any Association, becomes a NEBA member once they have competed in 6 events for which NEBA County UMS is payable in that Membership Year. A player in the former group is a dual member; a player in the latter category is a direct member.

5.4.          The Membership Year runs from 1^st April to 31^st March.

5.5.          Only NEBA members may vote at its Annual General Meeting and participate in any stages of its competitions in that Membership Year. For the avoidance of doubt, a non-member may play in a qualifying event for a later stage of a NEBA competition, but may not qualify (they are not participating in the ‘qualifying section’); only members may represent their Club in the InterClub competition; only members may represent NEBA in competitions; exceptionally, Council may lift these restrictions (see 8 below).

The Executive Committee is empowered to determine any contestable claims of membership.

5.6.          The NEBA membership categories shall be as follows:

5.6.1.      Ordinary Member.  

5.6.2.      Dual Member.

5.6.3.      Direct Member.

5.6.4.      Life Member – the NEBA Council may honour members for their service by electing them to life membership of NEBA. A NEBA Life Member shall not be required to pay the entrance fee to any of its competitions.

6.              AFFILIATED CLUBS  

6.1.          Any EBU affiliated bridge Club in the area covered by NEBA shall become affiliated to NEBA.

6.2.          Affiliated Clubs are obliged to abide by the rulings and decisions of the Council in order to retain affiliation privileges, provided that such rulings are within the terms of the EBU Bye-Laws.

6.3.          Any affiliated Club is responsible for paying any affiliation fees required by the EBU direct to the EBU, but which will not include any annual fee, if charged, by NEBA.

6.4.          NEBA shall not be responsible for the liabilities of affiliated Clubs.

7.              CONDUCT OF MEMBERS  

7.1.          Each member of NEBA shall be required whether at or away from the bridge table to conform to the standards as prescribed by the Bye Laws and regulations of the EBU from time to time, and especially as set out in Best Behaviour at Bridge.

7.2.          NEBA shall have the powers and the procedures for the enforcement of the requirement in clause 7.1. They are set out in the Disciplinary Schedule of the Constitution, and shall stand as part of the Constitution and be subject to the same provisions of the Constitution for its amendment.

8.              COMPETITIONS  

In determining conditions for NEBA Competitions, the Council normally restricts entry to NEBA members but may in exceptional circumstances (e.g. a player moves to the area within a Membership Year) allow non-members to play in NEBA competitions and may authorise the charging of higher fees to such non-members.

9.              DISSOLUTION OF NEBA  

NEBA can be dissolved at a General Meeting, provided at least two-thirds of the NEBA members present vote positively for its dissolution. The assets of NEBA shall then be split amongst other Bridge Organisations or donated to a charity or charities as decided by those present at the meeting.

10.           ALTERATION OF THIS CONSTITUTION  

10.1. The NEBA Constitution shall be amended only at a quorate Annual General Meeting (or a reconvened AGM) or at a quorate Extraordinary General Meeting (or at a reconvened EGM) called for the purpose.

Quoracy is set out in 4.7, 4.8 and 4.9 above.

10.2. Particulars of proposed alterations to the Constitution shall be enclosed in the Notice of the General Meeting.  

10.3. Any alterations to the Constitution will be made only if supported by at least two thirds of those present and entitled to vote.

June 2022

North Eastern Bridge Association

Schedule of Disciplinary Procedures

1. Requirements of the Schedule

This Schedule is referred to under clause 7.2 of the Constitution and prescribes the powers and procedures for enforcement. It aims to comply with, and follow, the spirit of the EBU disciplinary procedures.

2. Scope and Purpose

Bridge should be pursued in an environment which is free from any behaviour which could give cause for complaint (including, but not confined to, alleged contraventions of Best Behaviour at Bridge – BB@B). The objectives of these Procedures are to:

a. provide a framework for handling complaints; and

b. resolve incidents and complaints informally whenever possible.

3. NEBA’s Commitment

Complaints will be treated seriously and may, ultimately, result in formal action being taken. Any vexatious, demonstrably false or malicious complaints will themselves be dealt under this Discipline process. The NEBA undertakes to:

a. apply the Policy equally to all members and those playing in NEBA recognised competitions;

b. keep all parties appropriately informed of the progress of the formal complaint;

c. treat all complaints seriously, fairly, sensitively, promptly and with appropriate regard to confidentiality.

4. Roles and Responsibilities

All members have a personal responsibility to behave consistently with BB@B and otherwise not liable to cause offence.

5. Procedures for raising an issue or making a complaint

Principles

a. members should raise issues and/or complaints in a timely manner and without unreasonable delay. Unless the NEBA is notified of incidents within a reasonable time of the incident in question it may not be possible to investigate;

b. those against whom a complaint is made shall have the right to respond to any allegations made against them;

c. all parties should make every effort to resolve the matter informally, or at the early formal stage of the procedure, wherever possible;

d.  a complaint determined by the NEBA to be malicious, demonstrably false or vexatious may give rise to disciplinary proceedings against the complainant;

e. for the avoidance of doubt, a disciplinary investigation by NEBA is not a legal process and, as such, no party (including NEBA itself) may bring legal representation to any meeting nor specify a third party to act on their behalf;

f. when the NEBA Executive Committee appoints a Conduct Sub-Committee (CS-C) or a Disciplinary Sub-Committee (DS-C) under clause 3.3 of the Constitution, such committees shall consist of no fewer than three NEBA members and no more than five. A quorum for any meeting shall be three of its members. Such Committees shall act by simple majority vote and by reference to the balance of probabilities. The chair shall have a casting vote in the event that there is a tied vote on any matter. No member of the CS-C may be a member of the DS-C to consider the same case.

6. Informal Stage

Any incident which might give rise to a complaint should be raised, in the first instance, with the Tournament Organiser (see Law 80) or their relevant delegate. The delegate may be:

1. the Director at the competition in question whose duties and powers are defined by Law 81c and subsequent Laws (notably 91);

2. the Chair of an Appeals Committee (as established by the Tournament Organiser according to Law 80B(k));

3. any other person to whom the Tournament Organiser has delegated or assigned power (according to Law 80A3).

In some cases the Director’s intervention may be sufficient to remedy the situation. If, having raised the issue at the event in question, the matter has not been resolved satisfactorily the complainant or the member complained against (the complainee) may refer the matter to the NEBA; equally, the Director or Chair of an Appeals Committee may (under Laws 81c(7), 93B3 and 93C2) refer the matter to the NEBA.

7. Formal Stage One

Where appropriate, the complainant, complainee or the Director or any other person to whom power has been delegated should write (following para 6) to the NEBA Chair or Secretary. The NEBA Executive Committee will, as appropriate, appoint a CS-C to investigate the matter; this begins the Formal Stage. The CS-C shall be responsible for investigating matters as directed by the NEBA Committee.

The CS-C will contact all parties involved in order to determine whether the matter falls within the scope of the Disciplinary Rules and whether further action is warranted. The CS-C is empowered to make investigations and enquiries as it, in its absolute discretion, considers appropriate. The CS-C shall also be entitled to seek advice both from within the NEBA and from the EBU Laws and Ethics Committee (L&EC).

Normally, within two weeks of having been appointed, the chair of the CS-C will write to all relevant parties and inform them of their intended timetable.

If the CS-C concludes that the matter falls within its scope it shall ask the parties to respond directly to the substance of the matter.

The formal stage one of the process may conclude that:

a. the complaint is unfounded and no further action is necessary; or

b. the complaint is unfounded but is passed to a DS-C to examine whether the complaint is vexatious, demonstrably false or malicious; or

c. the complaint is founded; or

d. in exceptional circumstances the CS-C may be unable to determine whether the complaint is or is not founded.

Where a complaint is deemed to be founded, the CS-C will normally seek to facilitate a resolution. This might include:

a. requesting the offending member to offer a written apology to the complainant; and/or

b. issuing a written caution to the offending member; and/or

c. any other reasonable and proportionate measure designed to resolve the issue to the satisfaction of all parties.

If a resolution, satisfactory to all parties, is identified this ends the matter. For the avoidance of doubt, the CS-C has no power of sanction beyond those set out above. If, notwithstanding the best efforts of all parties, the issue cannot be either resolved or determined at this stage it shall refer the matter to a DS-C.

8. Formal Stage Two

When, in accordance with para 7, a matter is referred to a DS-C, the appointment of the DS-C begins the Formal Stage Two.

For the avoidance of doubt, when the CS-C has already determined that an offence has been committed (or the offence has been admitted), the DS-C will not normally re-investigate the complaint. However, the DS-C will itself investigate the complaint when either the CS-C has been unable to determine whether the complaint is or is not founded; or when new evidence (which was for good reason not available to the CS-C) is presented to the DS-C.

The CS-C will pass its entire file to the DS-C. The DS-C will call a meeting to which the complainee is invited and if the DS-C has been called because reconciliation attempts have been unsuccessful then all relevant parties will be invited.

All parties invited to attend the DS-C shall be notified, in writing, with at least two weeks’ notice and all shall be invited to make written submissions. All invitees have the right to be accompanied by a friend (who must be a current NEBA member). For the avoidance of doubt, this process is not a formal legal process, and no party may call upon legal representation. The DS-C will:

a. determine sanctions for offences admitted, or found by the CS-C to have been committed;

b. exceptionally, hear the matter, decide whether the complaint is founded or not and, if founded, determine the appropriate sanction;

c. investigate (and proceed appropriately) if the CS-C had concluded that the original complaint was vexatious, demonstrably false or malicious;

d. in very rare circumstances, refer a complaint to the EBU L&EC for its consideration. In so doing, the DS-C shall have fully discharged its responsibilities under this Schedule.

The sanctions available to the DS-C include:

a. issuing a written reprimand;

b. suspending a member from some or all of the competitions sponsored/licensed by NEBA for a specified period;

c. any other sanction the DS-C determines which is appropriate and proportionate.

If the complaint is against a member of the NEBA Council then in addition to any other sanctions applied, the DS-C has the power to suspend any such member from the NEBA’s Council and any of its sub committees for such a period that it shall determine.

Any sanctions imposed by the Disciplinary Sub-Committee shall be communicated to the offending member in writing within twenty one days of the hearing.

9. Conflicts of Interest

Any member of the NEBA Executive or other NEBA member who is personally involved in the matter will be disqualified from participating in the handling of the complaint.

10. Appeal

A member who has been issued with a formal sanction by a DS-C has the right to appeal to the EBU L&EC. Appeals must be in writing and lodged with the Secretary of the EBU L&EC within twenty one days of the written communication of the DS-C’s decision to the offending member. The admissible grounds for appeal are confined to the provision of new evidence (which was, for good reason, not available at the earlier stage) and/or a claim of a procedural irregularity of such an order as to cast doubt on the earlier decision.

June 2019

Schedule of Procedures for Members’ Appeals against local Club decisions

1. Requirements of the Schedule

Many Club Constitutions contain clauses permitting Appeals against Club-based complaints and disciplinary processes; many identify an Appeals process which involves a referral to the NEBA.

2. Scope and Purpose

The objectives of these Procedures are to provide a framework for handling Appeals against Club-based decisions (where the relevant Club Constitution permits Appeals to the NEBA).

3. NEBA’s Commitment

Appeals will be treated seriously. Any vexatious, demonstrably false or malicious Appeals will themselves be dealt under the NEBA Discipline process. The NEBA undertakes to:

a. apply the Procedures equally to all members and those playing in NEBA recognised competitions;

b. keep all parties appropriately informed of the progress of the Appeal;

c. treat all appeals seriously, fairly, sensitively, promptly and with appropriate regard to confidentiality.

4. Procedures for appealing a Club-based decision

Principles

a. where allowed by the member’s Club Constitution, Appeals should be raised in a timely manner and without unreasonable delay. Specifically, once any and all of the Club’s processes are complete, an Appeal must be made to the NEBA Secretary within 7 days.

b. an Appeal to the NEBA will recognise and respect the autonomy of the Club and its processes;

c. the only admissible grounds for Appeal are (i) there is new and relevant evidence which, for good reason, was not available to the original process and which, it is claimed, is of such an order that doubt is cast upon the Club’s decision; and/or (ii) it is claimed that the Club-based process was procedurally irregular and that the irregularity is of such an order that doubt is cast upon the Club’s decision.

5. Procedures for considering an Appeal

a. on receipt of an Appeal the Chair of the NEBA shall appoint a small ad hoc committee of three NEBA members to consider the grounds of Appeal;

b. for the avoidance of doubt, an Appeal to NEBA will not result in a rehearing of the original case;

c. the role of the ad hoc committee is to consider the substantive claim of the Appeal, namely that there is good reason to cast doubt on the Club-based decision (recognising that the ‘decision’ has two dimensions: (i) the finding that an offence was committed and (ii) the sanction);

d. if the committee finds in favour of the appellant, whether in regard to the original finding of misdemeanour(s) or to the sanction(s), then the case shall be referred back to the Club for its reconsideration;

e. in passing the case back to the Club, the NEBA shall make available the evidence it considered and the reasons for its conclusions;

f. in reconsidering the case the Club is free to establish its own procedures according to its Constitution;

g. for the avoidance of doubt, if a case is referred back to the host Club on Appeal this is done without prejudice to any outcome of the reconsideration. What is required in the reconsideration is that the new evidence, if it exists, is factored in appropriately and/or that any previous procedural deficiencies are rectified;

h. if a case is referred back to the Club then, with the explicit approval of both the Club and the member(s) involved, the NEBA may be asked to mediate and resolve any outstanding issues; such mediation wholly replaces any reconsideration by the Club and the outcome of the mediation shall be binding on all sides and will close the matter;

i. if the committee does not find in favour of the appellant then the matter is closed.

February 2021