Class Constitution

1. Title of the Association

The title of the Association shall be “The Hurricane 5.9 International Class Association” and shall be abbreviated as “HICA 5.9″ to distinguish it from any other Hurricane International Class Association.

2. Objectives

The objects of the HICA 5.9 are to promote, protect and develop the interests of Hurricane 5.9 catamaran owners and sailors throughout the world:

a.       to encourage and foster the enjoyment and fellowship of recreational catamaran sailing.
b.       to encourage national and co-ordinate international events in the class.
c.       to co-ordinate and manage the affairs of the class.
d.      to maintain the class rules and production one design character of the Hurricane 5.9  catamaran.

3. Official Language

The official language of HICA 5.9 is English and all official communications and meetings shall be in that language. For the purposes of statutory or legal requirements, The International Committee should be considered to be domiciled in the United Kingdom, and shall be subject only to United Kingdom laws.

4. Jurisdiction and Organisation

The HICA 5.9 has authority over all activities of the Hurricane 5.9 Catamaran Class throughout the world and its powers shall be vested in and carried out by the International Committee and the National or Regional Committees as defined in this Constitution.

5. International Committee

a.       The HICA 5.9 shall be governed by the International Committee comprising one nominated representative of each National or     Regional Committee, plus one nominated representative of the Copyright Holder of the Hurricane 5.9 Catamaran

b.       The International Committee shall meet a minimum of once per annum. (the annual meeting), normally at an International event, plus at such times as requested by either the Copyright Holder or the Chairman of the National or Regional Committees. These latter meetings can be held only with the unanimous agreement of the full membership of the International Committee.

 

c.       The agenda for the International Committee meetings shall normally consist of a minimum of:

  • Apologies for absence.
  • Minutes of last meeting.
  • Matters arising.
  • Membership and position report from each National or Regional representative.
  • Election of International Scrutineers.
  • International events.
  • Disciplinary matters.
  • Any other business.

d.      The representative of the National or Regional Committee in whose area the meeting is to be held shall act as Chairman and will be responsible for providing the agenda and suitable accommodation for the meeting.
e. In addition to the members of the Committee a secretary (non voting) may be appointed by the Chairman. The secretary shall be responsible for issuing the notification of the meeting, including the agenda, recording the minutes of the meeting and the subsequent issuing of those minutes to all attendees.

f.       The full quorum shall consist of all the representatives of all the National or Regional Committees affiliated to HICA 5.9. If one or more of the nominated representatives is not present then no changes shall be made to the Constitution. A partial quorum consists of three quarters of the nominated representatives, rounded up to the nearest whole number. A partial quorum may vote on any issue other than changes to the Constitution. In the absence of the nominated Chairman, then a partial quorum may elect a Chairman from amongst those representatives at the meeting. This elected Chairman may then nominate a (non-voting) secretary

g.       Twenty eight days notice of all International Committee meetings must be given to all National or Regional representatives and the Copyright Holder.

h.       Each Committee member shall have one vote and, unless stated explicitly in the constitution, all decisions must be by unanimous agreement.

i.        Changes to the constitution must have been discussed and voted upon at a General meeting held at a Regional or National level, before being proposed for adoption by the International Committee. The representative of the Regional or National Committee must vote according to the wishes of the Association which they represent.

j.        Expenses of National and Regional Representatives shall be reimbursed by their own Associations. The Copyright Holder shall reimburse his own Representative. The Regional or National Association in whose area the meeting is being held, or at whose request the meeting is being called, shall fund the full cost of The International Committee shall hold no assets of any kind. The attendance all meeting facilities, and the pre- and post- issuing of correspondence.

k.       The International Committee shall appoint, on such terms as it sees fit, one or more International Scrutineers.

l.        The International Committee shall elect one individual to represent its interests on the Rules Committee. This Representative shall be elected for a specific period, normally one year, and may be removed from the Rules Committee at any time by a majority vote of the members of the International Committee.

m.      The International Committee shall inspect the membership list of each Regional or National Association annually to ensure that they have sufficient members to be representative of Hurricane 5.9 owners in their respective areas. Should membership numbers fall below that required for a National or Regional Association, the full quorum of the International Committee may, by majority vote, terminate the membership of that Association.

n.       Should a Regional or National Association fail to send a representative to three consecutive committee meetings, or two consecutive Annual Meetings, then their membership of the International Association shall automatically be terminated. Reinstatement to the International Association shall be agreed only by a full quorum of the International Committee.

6. Rules Committee

a.       Changes to the Class Rules shall be governed by the Rules Committee, which shall consist of three members: A representative of the International Committee, duly elected by them fosa specific period, and who will represent them in ensuring that the aims of the Class (section two) are upheld. A representative of the Copyright Holder. An independent individual, acceptable to both the other representatives, who would act as mediator if proposed amendments to the Rules could not be agreed between the other two representatives. Ideally this individual would be a member of the I.Y.R.U., with specific responsibility for catamaran development.

b.       Amendments to the Rules shall be made on a majority decision of the members of the Rules Committee.

c.       Amendments to the Rules may be agreed directly between the representative of the International Class Association, and the representative of the Copyright Holder, without involvement of the independent member.

d.      Where agreement cannot be reached, the independent member of the Rules Committee will be invited to arbitrate and, if agreement cannot be reached within fourteen days of his/her involvement, may issue a casting vote to settle the dispute.

e.       The representative of the International Class Association will be responsible for informing the National or Regional Committees of any agreed changes, for onward publication to their members.

f.       Where a rule change affects the eligibility of existing boats within the class, the those boats, either Rules Committee or specify grant permanent dispensation to may a time during which dispensation is offered, but after which all boats must comply with the amended Rules. These dispensations must be published with the revised Rules.

g.       The Copyright Holder may change fixtures and fittings on the boat, within the boundaries defined by the Class Rules operative at that time, without reference to the Rules Committee.

7.         National or Regional Associations

a.         The International Committee may authorise the creation of National, or in special circumstances, Regional Associations to administer the affairs of the Class. Where a group of Hurricane 5.9 owners applies to the International Association for membership, the International Committee shall decide whether this group is representative of all Hurricane 5.9 owners in that nation or region, before granting it representative status. Where more than one group applies from the same area, the International Committee shall decide which is the more representative before from granting representative status to this group. Where more than one group applies shall decide whether International different within Committee one nation, the regions the size of the nation justifies regional representation. Creation of a new Association requires the unanimous agreement of all current International Representatives.

b.         The International Committee may withdraw rights of representation from any National or Regional Association which is no longer representative of Hurricane 5.9 owners in its area, or which fails to action the directives of the International Committee. Removal of representation shall be by unanimous agreement of all Committee members, with the exception of the representative of the offending Association.

c.         A National or Regional Association shall have a minimum of ten members at all times.

d.         Each National or Regional Association shall elect annually a National or Regional Committee which shall consist of the following who are full members of that Association:

  • Chairman or Director
  • Secretary
  • Treasurer or Financial Manager
  • Not less than two others

The Committee may at their discretion, invite the Copyright Holder’s Agent for their area to become a member of the Committee. If so invited, the Agent shall have full voting rights.

e.         The National or Regional Committee shall be elected annually at the National or Regional Annual General Meeting (AGM) and each committee member shall serve until the conclusion of the following National or Regional AGM. Each member of the Association will have one vote for each position and Committee members will be elected by a simple majority.

f.          In the event of vacancies occurring on the Committee for any reason whatsoever, the Committee shall have the power to co-opt replacements. Where it is impossible to co-opt from the membership, the Committee may co-opt a non-member and award that individual honorary full membership for the duration of their service. Normally the non-member co-opted would be known to the members of the Association, having been involved either directly or indirectly in Association activities. Should the honorary full member subsequently purchase a Hurricane 5.9, they will be expected to pay the normal membership subscription to the Association.

g.         The National or Regional Committee shall elect a representative to the International Committee and reimburse that representative his expenses for attending International Committee meetings.

h.         The National or Regional Committee shall manage within its area those affairs of the Association which may be delegated to it by the International Committee. These affairs would include:

  • The settling and collection of fees for Association membership and the management of Association finances
  • The organisation of local, national, regional or international events.
  • The representation of the class on any other national or regional sailing authority.

i.          Each National or Regional Committee member shall have one vote. Decisions shall be reached by a simple majority and, in the event of an equality of votes, the Chairman of the meeting shall have an additional vote.

j.          At National or Regional Committee meetings, five committee members shall form a quorum.

k.         The National or Regional Committee shall cause proper books of accounts to be kept of all income and expenditure and of all dealings with the assets of the Association, and shall circulate annually to all members, and the International Committee, a duly audited income and expenditure account and balance sheet. The National or Regional Committee shall maintain a list of current members and shall submit that list to the International Committee at its annual meeting.

l.          Fourteen days notice of all National or Regional Committee meetings shall be given to all members of that Committee. The notice of the meeting shall include an agenda. The frequency of National or Regional Committee meetings may be decided by the Committee members.

m.        The Regional or National Committee may enact any By-law which it considers necessary to control the Association, provided that such By-law does not contradict, countermand or conflict with the Constitution or Class Rules of the HICA 5.9.

n.         A National or Regional Committee member may be removed from office by the National or Regional Committee for a wilful and unjustifiable act of commission or omission detrimental to the Association or to its members, or for persistent absence from Committee meetings. The removal of a Committee member requires the unanimous agreement of the Committee, excluding the member and any relative thereof, whose exclusion is under motion.

o.         The Regional or National Committee shall appoint on such terms as it sees fit, one or more Regional or National Scrutineers. However, these Scrutineers may not officiate above the level which they were elected.

8. National/Regional AGM’s

a.       The date, time and place of the AGM (Annual General Meeting) of each National or Regional Association shall be decided at the discretion of the Committee, but shall be no sooner than ten months after, nor later than fourteen months after the last general meeting.

b.       Business at an AGM shall comprise:

  • Chairman/Director’s Report
  • Secretary’s Report.
  • Treasurer’s/Financial Manager’s Report and presentation of accounts.
  • Election of Officers and Committee.
  1. Election of Honorary Auditors. Auditors need only be elected if the membership exceeds 100.

Proposals, of which notice has been received by the Secretary at least 30 days prior to the meeting, and who has in turn advised all members of these proposals 21 days before the AGM.

d.         Extraordinary General Meetings may be called by the Association Committee, or shall be called by the Chairman upon receipt by the Secretary of a request in writing, signed by not fewer than 10 members of the Association.

e.         At least 21 days notice, together with a copy of the agenda, shall be given to all members of any general meeting.

f.          At any general meeting, decisions shall be by simple majority.

g.         Voting will be by show of hands unless a poll is demanded by not fewer than ten of the members present. At general meetings both full and associate members may be allowed to join in discussion but only full members may vote. In the event of an equality of votes, the Chairman shall have an additional vote.

9. Membership

a.       Full membership shall, upon payment of the prescribed annual subscription, be open to any owner of a Hurricane 5.9, or in the case of joint owners, to not more than one of them, or in the case of a Hurricane 5.9 owned by a Corporation or Association, to a nominated representative of that organisation.
In addition, upon payment of the prescribed annual subscription, full membership shall be available to any individual who, in the opinion of the Committee, has a serious interest or involvement in the activities of the Association, regardless of whether they own a boat.

b.       Associate membership shall, upon payment of the prescribed annual subscription, be open to any person or club interested in the Hurricane 5.9 Class.

c.       Honorary membership. The Regional or National Association may grant honorary life membership to any person as a mark of respect or appreciation of exceptional service to the Association. The recommendation to award honorary life membership shall be proposed to the Annual General Meeting by the Regional or National Committee, and the motion passed by a simple majority of members present. An Honorary Life Member who would otherwise qualify for full membership under rule 9a shall be entitled to all privileges and voting rights of such membership without payment of annual subscriptions. Other Honorary Life Members shall be awarded the rights and privileges of Associate membership without payment of annual subscriptions.

          The Regional or National Committee may also award, at their discretion, honorary annual membership, where an individual is providing assistance or service to the Association, but where that individual would not reasonably be expected to be either a Full or Associate member. When awarding this privilege the Committee may specify whether the award carries the rights of either Full or Associate membership without paying annual subscriptions. Honorary Annual memberships may be awarded at any time but should be reported at the Annual General Meeting and must be reviewed by the Committee annually, at the first Committee meeting after the Annual General Meeting.

10. Subscriptions

a.       Association subscriptions shall be the amount determined by, and shall be payable within the time prescribed by By-law of each Regional or national Association.

b.       The Association may ask for special contributions in addition to subscriptions, provided any such contribution shall be for a specific purpose and have been agreed at a General Meeting.

11. Suspension of Membership

A member may be suspended by the Regional or National Committee, for gross violation of the Rules or By-laws, for committing an unlawful act in relation to the Association or one of its members, for any unsportsmanlike conduct contrary to the interests of the members of the Association, or for bringing the Association into, disrepute by any means whatsoever. The duration of the suspension shall be fixed by the Regional or National Committee but may not exceed two years, and a suspended member shall during such period be precluded from racing or enjoying any other rights of membership. Suspension of a member requires the unanimous agreement of the full Committee, unless the offender or a relative thereof is a Committee member, in which case the vote of either shall not be included.

Suspension of any member shall be notified to the International Committee.

The Regional or National Committee may, if it considers the offence to be of a serious nature, refer the matter to their National Sailing Authority.

12. Racing Rules

a.       All events at Regional, National and international level, shall be conducted according to the current I.Y.R.R.

b.       All events at Regional, National or international level organised or controlled by an Association shall be subject to I.Y.R.R. Rule Fourteen Category “B” status.

13. Appeals

a.       Any dispute arising in relation to championship rules, eligibility to race, the By-laws or similar matter, other than any dispute as to the interpretation of this Constitution, may be made to the Regional or National Committee, whose decision shall be final and binding.

b.       Any dispute as to the interpretation of this Constitution may be made to the International Committee, whose decision shall be final and binding.

14. Amendments to Constitution/Rules

a.       The Constitution shall be amended only by the International Committee, provided that the National or Regional Associations have approved such proposed amendment at Special General Meetings of their Associations called for that purpose, or at the Annual General Meeting of their Associations, provided not less than twenty one days notice of such proposed amendment has in each case been given.

b.       Amendments to the Constitution shall be submitted for consideration of National or Regional Associations:

  • by direction of the International Committee.
  • by direction of the International Chairman where notice of motion has been submitted by a National or Regional Association, that Association having already received the majority agreement of its members at a general meeting.

c.         Amendments to the Class Rules shall be the sole prerogative of the Rules Committee, although the Copyright Holder, the International Committee or any National or Regional Committee may propose a change to the Rules Committee. No individual may propose rule changes directly to the Rules Committee.

 

 

 

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