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General Rules 1. The name of the Union shall be "THE DEVON COUNTY GOLF UNION". 2. The objects of the Union shall be as follows: (a) to act as a central authority for determining all questions which may arise, and generally promote the welfare and interests of Amateur Golf in Devon; (b) to organise matches with other Counties; (c) to organise County Golf Championships and Competitions for Amateur Golfers, and to monitor the maintenance of a uniform system of handicapping throughout the County; (d) to effect liaison with the Royal and Ancient Golf Club of (e) In the activities for which it is constituted, the Union is fully committed to the accepted principles and practices of equality of opportunity in golf. The Union expects its Member Clubs, in dealings with members, employees, job applicants, prospective members, volunteers and visitors to be equally committed to these principles and to conform to the spirit as well as the legal requirements of all relevant legislation. The Union will support its Member Clubs in actions they might take to eliminate unfair treatment and discrimination of any of their members, employees, job applicants, prospective members, volunteers and visitors. (f) It shall be a non-profit making organisation and shall use all surpluses in pursuance of its objects and in carrying out its normal business and duties as may from time to time be conferred upon the Council and/or the Executive Committee by the resolution of either respectively. 3. Affiliation Requirements: (a) Any recognised Golf Club in the County shall be eligible for membership of the Union, subject to satisfying the basic requirements, as set out in sub- paragraph (b) hereof. Upon election, the Club shall be known as an "Affiliated Club". The Union shall have no control over the internal administration of any Affiliated Club. (b) Affiliated Clubs shall at all times:
(c) Non compliance with any of the provisions set out in sub-paragraph 3(b) above shall cause the Club's affiliation to the Union to be automatically suspended from the date of cessation of compliance until there is reasonable evidence in the opinion of the Executive Committee of the Union that the Club in default has been seen properly and continuously to conform to the requirements of affiliation as aforesaid. 4. The Governing Body of the Union shall be "the Council" and shall be responsible for the management of all matters affecting the Union. 5. Officers: The following shall be the Officers of the Union and shall, except where otherwise provided, be elected at the Annual Meeting of the Council:- (a) A President, who shall not be eligible for re-election after having served 3 consecutive years in that office. (b) A Vice-President. (c) A Captain, who shall primarily be responsible for the selection of all teams representing the Union and who shall not be eligible for re-election after having served 2 consecutive years in that office. (d) A Vice-Captain. (e) An Honorary Treasurer. 6. Council: (a) The Council shall consist of the Officers of the Union, 9 persons (Elected Members) elected to the Executive Committee under Rule 6(b)(i), 4 Area Representatives, the Immediate Past President, the Immediate Past Captain, the Second & Youth Teams Manager and any two persons elected by the Executive Committee under Rule 7(d) post [see Rule 6(c)], 2 representatives from each Affiliated Club and 2 representatives from the Devon County Junior Golf Society who shall be appointed by that Society. 24 voting members of the Council shall form a quorum. (b) (i) At the Annual Meeting of the Council next following the introduction of these Rules (introduced 6th July 1993), persons (Elected Members) who are registered members of Affiliated Clubs shall be elected to serve on the Executive Committee. At each Annual Meeting of the Council thereafter and with effect from the close thereof, 3 of the Elected Members shall retire.
(c) 4 Area Representatives, 1 from each geographical area of North, South, East and West of the County, shall be appointed annually by the Affiliated Clubs in each Area and take office immediately following the Annual Meeting of the Council and, together with the Immediate Past President, the Immediate Past Captain, the EGU Ltd Voting Member [(Rule 7(c) post], the Second & Youth Teams Manager and any two persons elected by the Executive Committee under Rule 7(d) post, who shall be ex-officio members of the Council. (d) The Council may elect from time to time Honorary Vice-Presidents (without voting rights) from those who have given good service to the Union, and who may attend any meeting of the Council. (e) The Annual Meeting of the Council shall be held as soon after the end of the Financial Year as conveniently possible and not less than 56 clear days' notice of the Meeting shall be given by the Secretary to the Secretary of each Affiliated Club and to all members of the Executive Committee. (f) With the exception of matters involving the approval of the Minutes of any previous Meeting(s) of the Council, the consideration and approval of the Accounts, and the Reports of the President, Captain and the Chairman of any Sub-Committee of the Executive Committee (including the Devon County Junior Golf Society), and the election of the Officers of the Union and members of the Executive Committee, any Proposals (see Rule 6(g) below) may be the subject of duly proposed and seconded amendments. Any such amendment(s) shall be submitted in writing, either duly signed for and on behalf of the Executive Committee by two Officers of the Union, or for and on behalf of two Affiliated Clubs, and reach the Secretary of the Union by not later than 14 clear days prior to the date of the Council Meeting in question. The Secretary shall, within three days of receipt thereof, forward a Notice of any amendment(s) received to the Secretary of each Affiliated Club and to all members of the Executive Committee. Amendments will be voted upon in reverse order of receipt and, if successful, replace the original Proposal. In the event of none of the amendments securing a majority of votes, the original Proposal will be put to the Meeting and voted upon. In all cases, a majority of members attending and voting will determine the success or otherwise of a proposal or an amendment. (g) All nominations of candidates for election as Officers of the Union and as Elected Members, together with all other propositions for inclusion on the agenda for the Annual Meeting of the Council, shall be submitted in writing to the Secretary so as to reach him not later than 35 clear days prior to the date of the Annual Meeting of the Council. Propositions shall be made either by the Executive Committee or by any 2 Affiliated Clubs. Nominations shall be made either by 2 members of the Executive Committee or by any 2 Affiliated Clubs and shall in each case be endorsed by the candidate. A list of all nominated candidates and valid propositions shall be sent to the Secretary of each Affiliated Club and to all members of the Executive Committee not less than 35 days prior to the date of the Annual or other Meeting of the Council. All elections, when necessary, shall be conducted by closed ballot. In the case of an equality of votes in the election of Officers or Elected Members, the candidate or candidates to be elected shall be determined by lot. If the number of candidates for election at an Annual Meeting of the Council shall be less than the maximum number to be elected pursuant to Rule 6(b)(i) above, the Executive Committee shall have power to nominate sufficient candidates to make up the shortfall. (h) An Extraordinary Meeting of the Council shall be called at any time at the instance of the Executive Committee by the Secretary, or on a written request to him from any 6 Affiliated Clubs. 21 days' notice of the proposed business to be transacted at any such Meeting shall be given to the Secretary of all Affiliated Clubs and to all members of the Executive Committee, and only business of which notice has been given shall be transacted. Any amendment(s) to the proposed business shall be submitted in writing and be duly signed – in the same manner as required in 6(f) above - for or on behalf of either the Executive Committee or two Affiliated Clubs, and shall reach the Secretary by not later than 14 clear days prior to the date of the Extraordinary Meeting of the Council, whereupon the Secretary shall invoke the same procedure as set out in Rule 6(f) above. Voting at such meetings will be subject to the same procedures as those set out in Rule 6(f) above. (i) Any casual vacancy occurring amongst the Officers of the Union may be filled by the Executive Committee and the person so appointed shall only hold office until the next following Annual Meeting of the Council and shall then be eligible for re-election. Any casual vacancy amongst the Elected Members of the Executive Committee may be filled by the Executive Committee and the person so appointed shall hold office for the unexpired period for which the originally Elected Member was due to serve subject to Rule 6(b)(ii) (Retirement by Rotation).
7. Executive Committee: (a) The Executive Committee shall consist of the Officers of the Union (see Rule 5), the 9 Elected Members [see Rule 6(b)(i)], the ex-officio members of the Council [see Rule 6(c)], and 2 representatives from and appointed by the Devon County Junior Golf Society. 7 voting members shall form a quorum. (b) The Executive Committee shall be empowered: (i) to deal with all business of the Union arising between the Annual Meetings of the Council; (ii) to carry out such duties as may be delegated to it by the EGU Ltd, CONGU or any other similar body; (iii) to elect recognised Golf Clubs to membership within the Union upon such terms and conditions (if any) as the Executive Committee may from time to time decide; (iv) to raise funds to meet team and administrative expenses; (v) to subscribe from time to time such sum or sums as may be considered appropriate to any Union, Association or similar body connected with golf which the Executive Committee may consider advisable to support from the funds of the Union; (vi) to monitor the development of Courses and the game within the County; (vii) to attend to all disputes and disciplinary matters; (viii) to elect such Sub-Committees as may be considered appropriate from time to time and the Officers of the Union shall be ex-officio members of all such elected Sub-Committees; BUT the Executive Committee shall not at any time be empowered:- (ix) to distribute any surpluses other than to another non-profit making body or under Rule 17; or (x) to pay a salary or honorarium of which some part is calculated by reference to its surpluses or gross income. (c) The Executive Committee shall elect before each Annual Meeting of the Council, the Union’s Voting Member on the Board of the English Golf Union Ltd with effect from either the conclusion of the next Annual Meeting of the Council of that Union, or, such other date in any year that may be decreed by resolution of the English Golf Union Ltd. Such Representative shall annually be eligible for re-election, but not after having served 4 years in that office. He shall, during the period of office, also be an ex-officio member of the Council and the Executive Committee of the Union with full voting rights. (d) The Executive Committee may elect before each Annual Meeting of the Council, for the purposes of the ensuing year, a Second and Youth Teams Manager, and, also at such times as may be considered in the best interests of the Union to serve for the ensuing year as aforesaid or any part thereof, normally up to two persons who have particular knowledge and experience beneficial to the Union. All such persons shall, during the period of their respective offices, be ex-officio members of the Council and the Executive Committee with full voting rights. 8. Secretary: (a) The Union shall, at all times, have a Secretary to manage the Union's administrative and business affairs. (b) The Secretary shall be appointed, and may be removed from office, by the Executive Committee. He shall perform the duties imposed upon him by these Rules, and such other duties as may be assigned to him from time to time by the Executive Committee. Whilst in office, he shall not be entitled to vote on any occasion. (c) On or before any such appointment, the Secretary shall enter into a Service Agreement, the terms of which shall be approved by the Executive Committee, or any sub-committee appointed by it to act on its behalf. (d) If, at any time, there shall be no Secretary, or the Secretary shall be absent for whatever reason, the duties of the Secretary shall be performed by such other person or persons as shall, for the time being, be deputed for the purpose by the Executive Committee.
9. Chairmanship of Meetings: The President shall act as Chairman of all Meetings of the Council and the Executive Committee. If it be the case that the President, during his period of office, expresses a wish not to act as Chairman, the Executive Committee shall annually elect one of its number to be Chairman until the next Annual Meeting of the Council, and he shall be deemed to be Chairman of the Union for that period and as such shall preside over all meetings of the Council and Executive Committee. In the absence of the President (or elected Chairman of the Union in lieu), the duties of Chairman shall be carried out by the Vice-President, or in his absence those present shall elect one of their number to act as Chairman of that meeting. The Chairman shall at all meetings have a second or casting vote. 10. Voting Rights: All persons who shall at any time comprise the Council in accordance with Rule 6(a) herein shall be entitled to vote at the Annual Meeting of the Council, at any Extraordinary Meeting of the Council, or, as the case may be, at any meeting of the Executive Committee, except that no representatives from an Affiliated Club whose affiliation fee is in arrears shall be entitled to vote at the Annual or any Extraordinary Meeting of the Council. No person who is in receipt from the Union of a salary shall be entitled to vote on any occasion. 11. Accounts: (a) Unless otherwise varied by the Executive Committee, the Financial Year of the Union shall commence on the first day of October in each year. (b) At every Annual Meeting of the Council, the Executive Committee shall lay before the Meeting of the Council the Annual Accounts which will drawn up by an Accountant who (i) holds a suitable professional qualification, (ii) is independent of the Union and (iii) will confirm that the Accounts are in accordance with the books and records of the Union. (c) A copy of the said Accounts shall be sent to all Affiliated Clubs, together with members of the Executive Committee not less than 14 clear days prior to the date of the Annual Meeting of the Council.
12. Subscriptions:- (a) Affiliation Fee: The fee from Affiliated Clubs shall be decided by the Executive Committee, who shall also decide the date by which such fee is due and payable. (b) Levies: Affiliated Clubs shall also pay to the Union such annual sums for each registered playing member as may be determined by the English Golf Union Ltd and the Council respectively.
13. Discipline: All matters relating to discipline of persons appointed or selected to represent the Union or competing in a championship or other competition controlled by the Union shall, when there is cause so to do, be dealt with in pursuance of and in compliance with the procedures for the time being laid down by the English Golf Union Ltd.
14. Complaints: All complaints shall be made in writing to the Secretary who, if he is unable to deal with them himself, shall submit them to the Executive Committee, whose decision shall be final. 15. Alteration to Rules: (a) No General Rule of the Union shall be altered and no new Rule shall be made, save by a two-thirds majority of those present and voting at a Meeting of the Council, and not less than 28 days' notice of any proposed alteration must be given by the Secretary to the Secretary of each Affiliated Club and all members of the Council. (b) When a proposal for a new Rule, or alteration or amendment of any Rule is considered, it shall be competent for the Council voting on such proposal to alter or amend any such proposed new Rule or any such alteration or amendment, or to make any addition or alteration to such Rule, provided that any alterations, amendments or additions made under this Rule shall not significantly (to be adjudged – if necessary – by the President/Chairman) affect the substance or intent of the original proposal. For avoidance of doubt, the provision set out above shall not apply to Rules 6(f) and 6(h) ante.
16. Interpretation: The Executive Committee shall be the sole authority for the interpretation of these Rules and the decision of the Executive Committee upon any question of interpretation, or upon any matter affecting the Union not provided for by these Rules, shall be final and binding on all members of the Council and the Affiliated Clubs.
17. Dissolution: If at any Annual Meeting of the Council, a Resolution for the dissolution of the Union shall be passed by a two-thirds majority of those present and voting at such Meeting, the Secretary shall convene an Extraordinary Meeting of the Council for a date within the next 28 days, and if at that Meeting the Resolution be confirmed by a further Resolution being passed by a majority of not less than two-thirds of such persons present and voting, the Executive Committee shall thereupon proceed to realise the assets of the Union and after the discharge of all liabilities shall not make a distribution of any surpluses save to another non-profit making body or bodies, or charity or charities associated with golf, as shall be agreed upon by the Council. In default of such agreement, the non-profit making body or bodies, charity or charities will be nominated by the President for the time being of the English Golf Union Ltd. |
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St. Andrews through the English Golf Union Ltd and with other golf organisations in all matters affecting the game, the Union and the Clubs affiliated to the Union;