MASSABESIC YACHT
CLUB BY‑LAWS
TABLE OF
CONTENTS
Article 1 Quorum
Article 2 Duties of Officers
Article 3 Duties of Standing Committees
Article 4 Membership
Article 5 Election of Officers and Trustees
Article 6 Impeachment of Officers
Article 7 Burgee and Emblem
Article 8 Harbor Rules
Article 9 Order of Business
Article 10 Parliamentary Authority
Article 11 Amending the By-Laws
MASSABESIC YACHT CLUB BY‑LAWS
Revised
through June 2006
QUORUM
Section 1. Twenty (20) members shall constitute a
quorum at all regular and special meetings of the club.
Section 2. Five (5) members of the Board of Trustees
shall constitute a quorum at all meetings of the Board of Trustees.
DUTIES OF OFFICERS
Section 1. COMMODORE:
A. It
shall be the duty of the commodore to enforce the laws and regulations of the
club and preside at all meetings of the club.
B. He
shall be ex‑officio member of all committees except the Race Committee.
C. In the
event of a temporary or prolonged absence of either Secretary, Treasurer, or
Harbormaster the commodore may appoint a member to serve temporarily or until
the next regular election.
D. It
will be the duty of the commodore to appoint a Sailing Program Chairperson and
Co‑chairperson from the membership each year. The Sailing Chairperson and Co‑chairperson
will act as the liaison between M.Y.C. membership and the Sailing Program to:
1. Provide
guidance on all Sailing Program activities and functions concerning M.Y.C.
interests.
2. Ensure the Sailing Program has financial
accountability and enforcement of M.Y.C. rules and regulations.
3. Appoint adult supervision for all Sailing Program
activities events and functions.
4. Promote and represent the Sailing Program within
the M.Y.C. membership and Board of Trustees.
5. Recommend a qualified Sailing Program instructor
to the Board of Trustees to ensure the program remains active and maintains a
high standard of sailing and seamanship training. The Sailing Membership and the out‑going
Commodore will make recommendations to the newly elected Commodore for Sailing
Program Chairperson and Co‑chairperson appointments by January 1, of each
year.
E. It
shall be the duty of the Commodore to establish a schedule for Duty and to take
appropriate measures to insure faithful performance by the members. He may at his discretion appoint a member to
the Position of Master‑at‑Arms to perform this duty.
F. It shall also be the duty of the Commodore to recommend a qualified Webmaster to the Board of Trustees.
The Webmaster will be the technical person
responsible for web site maintenance with an appointed alternate contact to:
1. Ensure MYC ownership of domain registration "mycsailing.com/net" remain current.
2. Preserve and maintain the ownership, integrity, design, backup, and content of the website. The Webmaster shall recommend moderators and administrators to aid in the maintenance of sections of the website as needed.
3. It shall be the responsibility of the webmaster, along with the Commodore and moderators to grant or remove members or registered users from secure areas
based on member status and or misuse of agreed upon privileges.
Section 2. VICE‑COMMODORE:
A. It shall
be the duty of the Vice‑Commodore to assist the Commodore in the
discharge of his duties and in his absence to officiate in his stead.
B. It
shall be his further duty to oversee the program portion of the regular monthly
meetings.
Section 3. REAR‑COMMODORE:
A. It
shall be the duty of the Rear‑Commodore to assist the Commodore and Vice‑Commodore
in the discharge of their duties and in their absence to officiate in their
stead.
B. It
shall be his further duty to assume responsibility for proper publicity
concerning the club and all of its activities and to publish a periodic club
news bulletin to be sent to all regular members.
Section 4. SECRETARY:
A. It shall be
the duty of the Secretary to keep a record of the members and of all meetings
of the club, in books belonging to the club and to make such returns as he be
required to make; to notify members of their
election; to issue notices of all regular
and special meetings of the club; to take charge of
and preserve all records and data of interest to the club; to take attendance
at each regular monthly meeting.
B. He
shall conduct all correspondence pertaining to his office and keep records of
same, publish rules and regulations and distribute to all members and new
subsequent members as they join. Also publish officers, trustees, and members
in booklet form.
Section 5. TREASURER:
A. It
shall be the duty of the Treasurer to keep a record of the member’s dues in
books of the club and to make such returns as he is required to make.
B. He
shall receive all admission fees and upon election of this member, turn the
amount into the club treasury.
C. He
shall take charge of all funds belonging to the club and pay all budgeted
expenses after approval of the Board of Trustees.
D. He
shall keep a correct amount of his receipts and disbursements in books
belonging to the club and provided for the purpose.
E. He
shall keep his books and vouchers at all times open to the inspection of the
board of Trustees.
F. He
shall make up and submit to the Secretary once a year on or about May 1 a
complete membership list of names, addresses and telephone numbers of all paid
members as of that date.
Section 6. HARBORMASTER:
A. It
shall be the duty of the Harbormaster to take full charge of the harbor
property and to enforce the preservation of order and obedience to the harbor
rules.
B. He
shall have the power to prescribe such rules and regulations necessary for the
proper operation of the harbor including anchoring and traffic.
C. He
shall cause the Harbor Rules and Regulations to be posted on the club Bulletin
board and distributed to all members.
D. When
he deems necessary he shall advise the Commodore to call for assistance from
membership for aid in maintaining and improving property.
E. He
shall have the responsibility for maintenance storage launching and mooring
club‑owned boats, including committee boat, dinghies and motor(s). The Harbormaster will work in conjunction and
in cooperation with the Race Committee in its requirements.
F.
He shall
take attendance at Dock‑In Dock‑Out and other special work details
of the club.
Section 7. RACE
COMMITTEE CHAIRMAN:
A. It
shall be the duty of the Race Committee to apply in writing each February to
the Public Utilities Commission for approval of racing dates for the Year.
B. He
shall provide schedule, rules and roster of Weekly Race Committee.
C. He
shall have responsibility for Racing Committee equipment maintenance and
storage. This includes all committee boat equipment related to it and
operator's safety of operation for all sanctioned racing and rescue use.
D. He
shall have responsibility for maintenance, placement and replacement of course
markers and storage.
E. He
shall maintain records of all race results protests, etc., and cause same to be
posted on the Club Bulletin Board for the information of the members.
F. He
shall keep a record of weekly Race Committee attendance.
ARTICLE 3
Section 1. BOARD
OF TRUSTEES:
A. It
shall be the duty of the Board of Trustees to have full charge of the general
business management of the club. They shall make or authorize all necessary
contracts, procure necessary insurance and enter into leases, but shall have no
power to make the club liable for any debt beyond the amount of money which at
the time shall be in the treasury and not needed for the discharge of prior
debts or liabilities. Management of the business affairs of the Club shall be
within the limits of an annual budget. The annual budget shall be announced or
published for the membership not later than the January regular meeting.
Approval of the annual budget shall be by membership vote at any regular
meeting provided notice of the proposed budget was given at the preceding
meeting.
B. They
shall have power to make such regulations and rules for the government of the
club as they may deem necessary for the proper management of its affairs, but
any rules or regulations established by them may be rescinded by two‑thirds
vote of the members present at a regular meeting of the club.
C.
They
shall hold their meetings every third Monday of each month. Additional meetings may be held at the call
of the Commodore or upon the request of the majority of the members the Board.
D.
Additional
Duties and Considerations
i.
The Board of Trustees shall consider and act on all
projects affecting grounds, buildings, docks, ramp and the environment.
ii.
No project changing the structural configuration of
the buildings, docks or ramp; excavating, filling or otherwise changing the
nature of the grounds or environment shall begin until the following conditions
are met:
a.
A quorum of the Board of Trustees consults with
members of the
b.
Such project shall be posted in the Rumblings and
acted upon at a subsequent regular meeting or special meeting called by the
Commodore under the Massabesic Yacht Club Constitution, Article 6, Section 3.
iii.
Proposed projects having an aggregate cost of $100.00
or more shall be posted in the Rumblings and acted upon by the membership at a
regular meeting or special meeting called by the Commodore under the Massabesic
Yacht Club Constitution, Article 6, Section 3.
iv.
The Board of Trustees shall consider and act upon the
purchase of any equipment that does not directly “promote the sport of sailing
or the art of seamanship”.
v.
The Board of Trustees shall consider and act on the
purchase of equipment or supplies having an aggregate cost of $50.00 or more.
vi.
Proposed assessments, fines, budget reallocations or
purchases of unbudgeted equipment, shall be posted in the Rumblings and acted
upon by the membership at a subsequent regular meeting or a special meeting
called by the Commodore under the Massabesic Yacht Club Constitution, Article
6, Section 3.
vii.
Donations of money, equipment supplies or consumable
material shall be considered and acted upon by the Board of Trustees.
viii.
Any member wishing to suspend Massabesic Yacht Club
rules, by-laws or practices shall present such request to the Board of Trustees
for consideration and action.
ix.
The Commodore or in his/her absence, the Vice
Commodore or the Rear Commodore may conduct a poll and vote of individual
members of the Board of Trustees in the event that circumstances dictate that
consideration and action should be taken on a particular issue prior to a
meeting of the Board of Trustees or regular meeting. No less than a quorum of the Board shall vote
in order to make the action valid and binding.
x.
Any member may act to prevent injury or a loss of
property.
Section 2. WEEKLY
RACE COMMITTEE:
A. It
shall be the duty of the Weekly Race Committee to take charge of and conduct
races as scheduled by the club.
B. It
shall insure that all club races are conducted in accordance with current ISAF
Rules (The Racing Rules of Sailing).
Section 3. PROGRAM
COMMITTEE:
A. The
Program Committee, under the direction of the Vice‑Commodore, as Program
Chairman, shall provide suitable programs for regular meetings of the club and
arrange special events according to their judgment.
MEMBERSHIP
Section 1. QUALIFICATIONS:
To qualify for membership, a person must have an
active interest in sailing and be sponsored by an active regular member of the
club.
Section 2. APPLICATIONS:
A. Applications
for membership shall be in writing, on a form provided, and shall be signed by
the applicant, co‑signed by the sponsoring member and, together with a
non‑refundable $10.00 processing fee, be given to the Treasurer for
presentation at the next regular meeting.
B. Applications
shall be reviewed by the Board of Trustees or a membership committee composed
of three or more members appointed by the Commodore. The application and
recommendations of the reviewing committee shall be presented at the next
regular meeting for action by the membership.
Section 3. ELECTION:
A. An
applicant may be present at the regular meeting at which his application will
be introduced and voted upon. The
applicant will be required to leave during discussion and voting.
B. To be
accepted for membership, applicant must receive two‑thirds of the votes
cast.
C. A
rejected applicant may be again proposed after six (6) months.
D. The
name of an applicant and the class of yacht he owns will be presented to the
membership prior to the voting at which the applicant will be considered for
membership.
Section 4. LIMITATIONS:
A. No
member shall join for profitable gain or pecuniary benefits.
B. There
shall be no more than 100 regular members and 20 racing members per Section
5(C).
C. There
shall be no more than 100 regular member moorings. This excludes club moorings
and guest moorings.
D. The
LOA of a boat on a permanent mooring shall not exceed twenty six (26) feet.
Section 5. CLASS
OF MEMBERSHIP:
A. Regular
membership will consist of elected members and spouses. Regular membership will entitle children of
the member's family to the use of club facilities and participation in club
activities. In the case where elected
member and spouse hold joint membership as above, only one vote per family will
be allowed. Furthermore, when any child included in family membership reaches
the age of 21 years, he must make application for regular membership if he
wishes to continue with the club. The
Board of Trustees may place a child member making application for regular
membership at the head of the waiting list, if the Board determines that the
child member has been active in Club activities. For the first twelve
(12) months of regular membership, a member shall be in probationary state and
shall therefore be subject to such rules and regulations as have been
established regarding such status.
B. Honorary
Membership will extend to any member or person who is recommended by the board
of Trustees and who is elected by a unanimous vote at two successive meetings
of regular members. Such membership is
given in recognition of outstanding service to the club. Honorary members are
not liable for dues nor can they vote or hold office.
C. Racing
Member, one who has submitted a sponsored membership application, and has been
approved by the Board and by the membership by a two thirds (2/3rds) vote. The
Racing Member shall participate by starting in at least one/third (l/3rd) of
the total M.Y.C. Series Races. Each
Racing Member is entitled to the same privileges and responsibilities as those
of Regular Members. They will be able to
moor their boat in the M.Y.C. Mooring Field as space is available or keep their
boat in the dry sail area if space is available and the boat is less then
twenty (20) feet. Racing Members in the
mooring field will be required to fulfill all their race duties until granted
Regular Membership. The total number of
Racing Members shall not exceed twenty (20).
D. Associate
Membership is provided for regular members desiring to voluntarily relinquish
active sailing privileges without forfeiture of membership. This membership
does not include ramp and mooring privileges but shall include all other
privileges granted to regular members. An Associate Member shall not be
required to share in Duty, Race Committee, or Dock‑In/Dock‑Out. In
order to be considered for Associate Membership, the applicant must be a
Regular Member in good standing. Members converting to Associate Membership
after June 1987 will have no voting privileges. A regular member who wishes to
apply for Associate Membership shall do so in writing to the Board of Trustees.
Associate Membership shall be granted or denied at the discretion of the Board
of Trustees.
E. A
Member shall be at least 18 years of age.
Section 6. FEES
AND DUES:
A. Dues
shall be in such amounts as have been approved by the membership in the annual
budget, for each class of membership. Dues must be in the hands of the
Treasurer no later than the first regular meeting in March or membership will
be forfeited.
B. A member late in paying his dues may make a written appeal to
the Board of Trustees no later than the March Board meeting. Acceptance or
rejection of the appeal is at the discretion of the Board.
Section 7. DUTIES
OF MEMBERS:
A. Members
must abide by and uphold all rules and regulations of the club.
B. [Item
deleted December 2002.]
C. Members
using club property (i.e. club dinghies, oars, committee boat, motors, racing
equipment etc.) shall be responsible for any loss, damage, theft, or
maintenance of this equipment while in their personal charge and usage. Any
such loss, damage, theft etc. if it occurs, shall be immediately reported to the
Harbormaster, Race Committee Chairman or other officer of the Massabesic Yacht
Club.
D. In
using club facilities at the anchorage, members and their guests shall at all
times observe the rules and regulations of the Manchester Water Works,
particularly those relative to wading, bathing, pollution, fires and rubbish
disposal.
E. Members
shall be present for dock‑in or dock‑out, or perform an alternate
task which has been approved by the Commodore.
F. Members
shall serve race committee duty as assigned by the Race Committee Chairman or
an alternate task approved by the Commodore.
G.
Members
shall serve duty as assigned, or an alternate task approved by the Commodore.
H.
Members, guests and visitors shall not smoke within
the A-Frame. All rooms and
spaces within the A-Frame shall be smoke free.
The entryway, outside of the A-Frame, is not considered within the
A-Frame and need not be smoke free.
Section 8. MISDEMEANORS,
PENALTIES AND REINSTATEMENTS:
A. Any
member of the club may present to the Board of Trustees written charges against
another member for conduct unbecoming a gentleman or likely to endanger the
welfare or good order of the club; or for violation of the requirements of the
By‑Laws. The member so charged shall be notified and given an opportunity
to be heard in answer to such charges. If found guilty, the Board may fine him
in accordance with the provisions of paragraph B, or the Board may suspend him
from all rights and privileges of membership and may declare his membership
forfeited. But any member shall have the right within one month thereafter to
appeal to the club at the regular meeting and the club, by two‑thirds
vote of the members present, may reverse the action of the Board and restore
the applicant to any rights or privileges of membership.
B. The
Board of Trustees, as an alternate to dismissal from the club may impose a fine
on members found in violation of the club By‑Laws under paragraph A.
C. Failure
to attend dock‑in, dock‑out or an alternate task $40.00. Failure to
serve race committee duty or an alternate task, $40.00. Failure to serve duty
or an alternate task, $40.00. Failure to
use mooring pigtail shall result in mooring being bypassed (See Exhibit
Herein).
Section 9. RESIGNATIONS:
A. Any
member in good standing on written application to the club shall receive an
honorable discharge from the club provided that at the time of such application
there are no charges against him on account of the club.
B. Resigned
members may be reinstated by the Board of Trustees.
ELECTION OF OFFICERS AND TRUSTEES
Section 1. NOMINATING
COMMITTEE:
A. The
Commodore shall appoint a committee of three members at the October meeting.
B. It
shall be the duty of the Nomination Committee to prepare a list of candidates
for the elective offices having attempted to secure the names of all
interested, and qualified members, and publish same at the November meeting.
C. They
shall prepare and mail to members at least five days prior to the December
meeting, ballots showing their candidates for office together with such
additional nominations as are made and accepted at the November meeting.
D. In
preparing the list of candidates for elective office, the Nominating Committee
shall give due consideration to the tradition of nominating the incumbent
Commodore to the position of Trustee, if he is willing to accept such a
nomination.
E. No
member of the nominating committee shall serve in consecutive years.
Section 2. ELECTION
OF OFFICERS AND TRUSTEES:
The election of officers and Trustees shall take
place at the December meeting and shall be by count of ballots. All ballots
returned up to the time of count shall be counted.
Section 3. INSTALLATION OF OFFICERS AND TRUSTEES:
A. Officers
and Trustees shall be installed at the January meeting and shall hold office
for one year and until successors are elected and qualified. All appointments
and committees standing or otherwise, shall terminate upon the expiration of
the term of office of the incumbent officers.
B. Vacancies
may be filled at any regular meeting or special meeting, notice of such
election having been sent at least five days prior to such meeting.
IMPEACHMENT
OF OFFICERS
An officer may be impeached by the unanimous vote of
the other members of the Board of Trustees, and may be removed from office by a
two‑thirds vote of the enrolled members after he has been accorded a
hearing upon the impeachment charges.
BURGEE
AND EMBLEM
Section 1. CLUB
BURGEE:
The Club Burgee or pennant shall be three‑sided
and shall be twice as long as the hoist edge. The colors are red, white and
blue. A red stripe at the top one quarter of the width of the hoist, shall
extend at equal width to the point and until it meets the similar blue stripe
along to the bottom edge of the pennant and the center line. The interior
triangle field shall be white.
Section 2.
CLUB EMBLEM:
The emblem of the club shall be as follows: a blue circle
one‑third the radius in width surrounding a white inner round field. From
left to right a flying pennant of the club design surmounts the entire emblem.
The word "Massabesic" is engraved in the top part of the blue circle
and words "Yacht Club" are engraved in the lower part of the circle
under the pennant.
HARBOR RULES
Section 1. HARBOR
RULES:
A. Members shall be responsible for the proper mooring
of their yachts and neither the club nor its employees shall be responsible for
any damage which may occur from the slipping, breaking away from, or dragging
their anchor, but in case of accident, reasonable effort shall be made to
protect the property of members.
B.
Each member with a mooring shall inspect or cause to
have inspected, his/her own mooring no less than every third year and each
subsequent year until the mooring chain, lines and shackles are replaced as
needed. Once replaced, the mooring will
be again inspected no less than every third year and every subsequent year
until replacement is again done by the individual member. The Harbormaster is responsible for the
inspection and replacement of club moorings in the manner prescribed to
members.
Section 2. POWER
BOATS:
No power boats except the M.Y.C. Committee boats
shall be permanently moored in the harbor area. Exceptions to this rule may be
made by majority vote of the Board of Trustees.
ORDER OF
BUSINESS
At meetings, the order of business shall be as
follows:
i. Call
to order.
ii. Roll
call.
iii. Minutes
of previous meeting.
iv. Reports
of Secretary and Treasurer.
v. Reports
of Race Membership and Special Committees
vi. Elections.
vii. Unfinished
Business.
viii. New
Business.
ix. Suggestions
for the good of the Club.
x. Adjournment.
xi. Program.
PARLIAMENTARY
AUTHORITY
Robert's Rules of Order shall be the club's final
authority on all questions or procedure and Parliamentary Law not covered by
the Constitution and By-Laws.
AMENDING
THE BY‑LAWS
These By‑Laws may be amended by a majority vote
at any meeting, a quorum being present, provided notice of the proposed
amendment was given at the preceding meeting.