NARGC Constitution

CONSTITUTION AND RULES

 

 

 

OF

 

 

THE NATIONAL ASSOCIATION

 

 

OF

 

 

 

REGIONAL GAME COUNCILS

(As amended)

 

 

 

 

 

 

 

Adopted on 11th February 1995.

 

 

 

 

 

 

 

 

Ref: 2006/03            

 

 

 

 

 

 

 

 

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DEFINITIONS

 

In this constitution, words and expressions shall have the following meanings:-

 

 

N.A.R.G.C. means the National Association of Regional Game Councils.

 

National Association of Regional Game Councils: It is the body comprised of the Affiliated Bodies affiliated on 11th February 1995.

 

Affiliated Body: Is the county body which has the support of the majority of gun clubs within the county and where this support has been achieved by democratic/constitutional means, and such other body as has been affiliated by democratic vote of the Governing Body of the NARGC.

 

Management Committee: means the person or persons appointed by the Executive Committee to administer the affairs of an Affiliated Body, or region in which no Affiliated Body or equivalent county body exists, or where such Affiliated Body has for whatsoever reason become disaffiliated.

 

Associate Member:  An Associate Member is a member of the Compensation Fund.

 

Accredited Delegates: On the annual affiliation return form, each Affiliated Body shall submit a list of four persons, any two of whom may act as accredited delegates to a general meeting, provided such persons are Associate Members of the Association.

 

Valid Poll:  A valid poll shall mean all of the legitimate votes cast by those present at the meeting and voting.  (Amendment as adopted at AGM 2002.) 

 

Payment: For the purposes of affiliation, payment shall mean the lodgement of affiliation fees to the Association account.

 

Commercial Exploitation: With the exception of deer, commercial exploitation shall mean the sale of the activity of game/pest shooting and the sale of the carcases of game birds, other than in situations in which pheasant, partridge and mallard have been released and where pigeon have been shot for crop protection, constitute the main quarry.

(Amended EGM, 7th July 2012)

 

Involvement in commercial exploitation of game/pests species as defined above shall mean any of the following engaged in that activity:-  (a)  owner of the sporting rights; (b) persons entitled to enjoy the sporting rights; (c) agents of either a or b; (d) invited guests of a or b; (e) game-keepers, gillies, beaters, pickers-up in the employ of a or b and (f) those who purchase such shooting.  (Amendment adopted at EGM, 24/2/1996.)

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ARTICLES OF THE ASSOCIATION

 

 

 

Article 1

Title:

The name of the Association shall be “The National Association of Regional Game Councils” hereinafter called “the Association”.

 

Article 11

Aims and Objectives:

To promote the sport of game hunting and sport shooting by:-

a.            Representing and protecting the interests, objectives and traditional

rights of resident shooting sportsmen/sportswomen.

b.            Promoting the conservation of wildlife and its habitat.

 

Article 111

Affiliation & Membership:

a.          Each County Body and such other bodies as are approved by the Governing Body, shall be entitled to affiliate as a member of the Association.  In the cases of Counties Leitrim and Tipperary there shall be separate bodies in the north and south.

 

b.         Every person whose Compensation Fund Contract is validated by the

Association shall be a non-voting Associate Member, whose ‘membership

(which may be renewed) ceases to exist at the end of each Compensation

Fund year.

 

c.          All members of gun clubs which are affiliated to Affiliated Bodies must be members of the Game Compensation Fund and shall be Associate Members of the NARGC.

(Amended at EGM July 2nd 2005)

 

Article IV

Governing Body:

The Governing Body shall consist of two duly accredited delegates from each of the Affiliated Bodies together with the members of the Executive Committee

 

 

 

 

 

 

 

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Article V

Trustees: The Association shall elect three trustees at the Annual General Meeting from among the Associate Members of the Association.  The Trustees shall be nominated by the Affiliated Bodies in accordance with Rule 5. The duties and functions of the Trustees shall only be as directed in writing to the Trustees by the Executive Committee from time to time.  Trustees shall be eligible for re-election each year.  No serving Officer or Member of the Executive Committee shall be eligible to act as a Trustee.

 

Article VI

 

Executive Committee:

a.          An Executive Committee shall discharge the affairs of the Association

between general meetings.

 

b.         The Executive Committee shall be comprised of fifteen members, consisting

of the Officers of the Association and five members elected pursuant to Rule 5.

(Amended at AGM 2002.)

        (Amended at EGM Oct 2005)

   (Amended at EGM March 2012)

        (Amended at AGM 2013)

 

c.          The Officers of the Association shall consist of the following:

Chairman, Vice-Chairman, Hon. Secretary, Hon. Treasurer, Deputy Compensation Fund Administrator, Public Relations Officer, Safety Officer, Game Development Officer, Youth Development Officer and Vermin Control Officer.

(Amended at AGM 2002.)

        (Amended at EGM Oct 2005)

        (Amended at 2011 AGM)

        (Amended at AGM 2013)

 

d.         The Executive Committee shall be elected annually by ballot pursuant to Rule 5.  If unopposed for election, an officer shall be proposed and seconded at the Annual General Meeting of the Association and deemed to be elected unanimously.

(Amended at EGM Oct 2005)

 

e.          The Executive Committee shall have power to deal with such matters concerning the

Association as are not expressly provided for in the Constitution.

 

Article VII

 

Compensation Fund:

The Association shall protect its Members and other specified persons/specified bodies in accordance with the terms of its Compensation Fund which shall comprise of a Personal Accident Scheme and other Schemes as may be determined for the benefit of the Association’s Associate Members. (Amended 1012 AGM)

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Article VIII

Staff

The Governing Body shall have the power to appoint such full-time staff as is required for the proper administration of the affairs of the Association.  The Executive Committee may employ such temporary staff as it deems necessary for the proper administration of the affairs of the Association.  All full-time staff positions shall be advertised as they become available, in the national press.

(Amended at EGM Oct 2005)

 

Only the Governing Body shall have authority to terminate the employment contract of either the Compensation Fund Officer or the Director.

(Amended at AGM Oct 2008)

 

Article IX

Standing Orders Committee

A Standing Orders Committee of three people shall be elected each year at the General Meeting immediately preceding the AGM.  The term of office of the Standing Orders Committee shall be until the General Meeting immediately preceding the following AGM.  Members of the Standing Orders Committee may not hold a position as a Trustee, Disciplinary Panel Member or as a Member of the Governing Body of the Association and neither shall they represent any County Body.  Members of the Standing Orders Committee shall not take part in any debates at General Meetings.  Each County Body shall be entitled to nominate one Associate Member for election to the Standing Orders Committee.

(Amended at EGM Oct 2005)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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RULES OF THE ASSOCIATION

 

 

ORGANISATION

 

 

Rule 1.

Affiliation

A Body seeking affiliation shall be required to pay an affiliation fee and comply with such terms of affiliation as agreed by the Governing Body.  The affiliation fee shall be reviewed annually at the Annual General Meeting to coincide with the calendar year next ensuing.  Affiliation fees so agreed shall become payable on 1st August each year.

 

All Affiliated Bodies shall submit an annual affiliation return in such format as may from time to time be prescribed by the Executive Committee.  The annual affiliation return and affiliation fee shall be submitted to the Association’s Administrator/Director so as to arrive not later than 6 weeks before the date of the A.G.M.  In the circumstances of the affiliation return and fee being outstanding at the return date, the Affiliated Body concerned shall not be entitled to participate or vote at General Meetings, Extraordinary General Meetings or the next Annual General Meeting of the Association.  In. the event of the Affiliated Body affiliating at a later date its accredited delegates will be entitled to attend the A.G.M. of the Association of the current year with observer status only.

 

 

Rule 2.

 

Meetings

 

a.       Meetings of the Governing Body of the Association shall he held at least twice a year, in addition to the Annual General Meeting which shall be held within the period 1st October and 30th October each year.

 

b.      The venue for the Annual General Meeting shall be decided at the previous year’s Annual General Meeting.

 

c.    Any interested organisation or individual may be permitted to attend Annual General Meetings or General Meetings of the Association on application to and approval by the Executive Committee or by invitation of the Executive Committee or at the discretion of the Administrator/Director in consultation with the Chairman.  The Hon. Treasurer’s report and National Compensation Fund Administrator’s report shall be confidential to the Members/Associate Members of the Association.

 

 

 

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d.      At least eight weeks notice of the Annual General Meeting and at least fourteen days notice of General Meetings, must be given in writing to the Trustees of the Association, to all members of the Executive Committee, to the Chairman, Hon. Secretary and Accredited Delegates of each Affiliated Body and to such other persons as decided by the Executive Committee.

 

e.       Meetings of the Executive Committee shall be held as required on the direction of the Chairman or on the request of any five members of the Executive Committee.

 

f.       All nominations to the Executive Committee and all resolutions must reach the office of the Association not later than six (6) weeks before the date of the Annual General Meeting.

 

g.       All Trustees and each Executive Committee Member and each Affiliated Body shall be furnished with the agenda, list of nominees, resolutions, relevant reports, and statement of accounts at least two (2) weeks before the Annual General Meeting.

 

h.      Each Affiliated Body shall be supplied with at least one copy of the Annual Report for each affiliated club.

 

i.       Affiliation fees shall be due on August 1st and must be paid not later than six weeks before the Annual General Meeting.

 

j.       An Extraordinary General Meeting of the Association shall be called at any time on written application to the Chairman by at least five Affiliated Bodies or on written instructions of the Chairman.  The purpose for which the Extraordinary General Meeting is required must be given and only that purpose shall be considered at the meeting.  The minimum notice for an Extraordinary General Meeting shall be two days.

 

k.          The quorum for the Annual General Meeting shall be 20 Affiliated Bodies represented by their Accredited Delegates.  The quorum for Ordinary and Extraordinary General Meetings of the Association shall be 36 members of the Governing Body.  The quorum for Executive Committee meetings shall be eight (8).  The quorum for all meetings of the Association shall be checked at the commencement of the meetings and thereafter, the quorum should be checked at the start of each session of business. (Amended at AGM 2002.)

 

 

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Rule 3.

 

Voting.

 

a.       Voting in elections shall be by Accredited Delegates only.  Each voting Delegate shall be issued with a delegate voting card at the time of registration at the AGM.

 

b.      Voting for any purpose, other than in elections, shall be by Members of the Governing Body.  The Members of the Executive Committee shall have the right to vote, subject to any person not having more than one vote, except where there is an equality of votes, where the Chairman shall be required to exercise a casting vote.

 

c.       All elections shall be by secret ballot.

 

d.      Voting in all other matters may be by secret ballot, at the discretion of the Chairman.

 

e.       Proxy voting shall not be permitted.

 

f.       Where a two thirds majority rule applies, two-thirds majority shall mean two-thirds of the total valid poll.

 

g.       To secure election, an Officer must receive half plus one of the total valid poll.

 

h.      In the case of non-officer positions, the seven candidates receiving the highest number of votes shall be deemed elected.  In the event of a tie for final positions, a further ballot shall be held between the tied candidates, and the candidates with the highest number of votes shall be deemed elected.

 

i.       In the event of a vacancy arising on the Executive Committee due to a Member resigning or otherwise unable to discharge his/her duties, such vacancy shall be filled by co-option at the next Executive Committee meeting.  The person co-opted shall be the nominee to the Executive Committee at the preceding AGM with the next highest vote.  In the event of the next highest vote being tied, the position shall be filled by lottery.

 

 

 

 

 

 

 

 

 

 

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Rule 4.

 

Resolutions

 

a.              The Executive Committee shall be empowered to limit to four the number of Resolutions submitted by any Affiliated Body to an Annual General Meeting.

 

b.              Only those resolutions which appear on the agenda for the Annual General   Meeting shall be debated.

 

c.              Each resolution shall be formally proposed and seconded.  A proposing Affiliated Body shall not second its own proposal.

 

d.              Resolutions shall be voted upon as they appear on the agenda unless they are    withdrawn or ruled out of order by the Chairman and shall not be amended in any form.  However the Chairman may rule that two or more resolutions are related and may be taken together, with the agreement of the relevant proposers.

 

e.               The Executive Committee may propose resolutions to the Annual General Meeting.  Executive Committee resolutions must be seconded by someone other than an Executive Committee Member.

 

f.               When an Annual General Meeting has carried a resolution, this decision may only be altered at a subsequent Annual General Meeting by a two-third majority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rule 5.

 

Nominations

 

a.          All Nominations shall be by Affiliated Bodies.

 

 

  1. Nominees for election must signify in writing their willingness to stand for election not later than one week prior to the Annual General Meeting.

(Amended at AGM 2002).

        (Amended at AGM 2013)

 

  1.       To be eligible for election to the Executive Committee, or as a Trustee, a nominee must have been an Associate Member of the Association since the preceding 15th September.

 

d.         Any Associate Member who is not in attendance at the AGM shall not be eligible for election unless prior notice of the reason for absence is submitted to either the Chairman, Director or Hon Secretary.

(Amended at AGM 2004)

 

e.          A person who is not an Associate Member shall not be entitled to hold any position on any Committee, Board or Body of a gun club, Affiliated Body or of the NARGC.

(Amended at EGM July 2nd 2005)

 

f.          A gun club which admits to membership or elects or appoints a Non-Associate Member to any position shall forthwith void the Compensation Fund protection of the members of the Committee in the course of the discharge of their duties of office.      

(Amended at EGM July 2nd 2005)

 

g.          An Affiliated Body which elects or appoints a Non-Associate Member to any position shall forthwith cease to be a member of the NARGC.

(Amended at EGM July 2nd 2005)

 

h.         Any Associate Member, gun club or Affiliated Body which enters into legal proceedings or threatens legal proceedings against the NARGC shall not be entitled to attend or participate in any meetings or events of the NARGC or receive any communication until such time as the legal proceedings have been determined or the threat withdrawn.

(Amended at EGM July 2nd 2005)

 

 

 

 

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Rule 6.

 

Duties.

 

a.          Chairman.

The Chairman, whose term of office shall not exceed three (3) consecutive years, excluding any term he/she may have served as a result of the untimely departure of his/her predecessor, shall have overall responsibility for the day-to-day functioning of the Association, including the management of staff.

 

b.         Vice-Chairman.

The Vice-Chairman shall, in the absence of the Chairman, carry out the functions of the Chairman.

 

c.          In the event of the Chairman and Vice-Chairman being unable to attend a scheduled meeting, the Governing Body Members or Executive Committee Members shall elect a Chairman who shall chair the particular meeting, provided a quorum is present.

 

d.         All Officers and Executive Committee Members shall carry out whatever duties are assigned to them from time to time by the Governing Body or Executive Committee.

 

FINANCE

Rule 7.

 

Finance Committee

 

a.          The Executive Committee shall appoint a Finance Committee.

 

b.         The Finance Committee shall carry out such duties as are assigned to it by the           Executive Committee.

 

Rule 8.

 

a.          The Governing Body may from time to time borrow or raise or secure the payment of money for the purpose of the Association in such manner or on such terms as may seem expedient.

 

b.         The Executive Committee may from time to time borrow or raise or secure the payment of money for the purpose of the Association within limits set by the Governing Body.

 

c.          The accounts of the Association, including those of the Compensation Fund, shall be audited annually by an, independent firm of Chartered Accountants appointed at the

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Annual General Meeting, and which shall also check the accounts on a quarterly basis.

 

d.         The Executive Committee shall manage Association Funds, other than those of the Compensation Fund.

 

Rule 9.

 

a.          All payments, other than those of the Compensation Fund, must be passed at a General Meeting or Executive Committee Meeting.

 

b.         All monies received by the Association must be deposited in the Association Bank Account as agreed by the Governing Body.  Cheques, other than those relating to the Compensation Fund, must be signed by any two of the following Officers :- Hon.  Treasurer; Chairman or Vice-Chairman.  Cheques relating to the Compensation Fund must be signed in accordance with the rules of the Fund.

 

Rule 10

 

Expenses.

 

a.          Expenses, at approved rates, of the Governing Body attending meetings of the Association shall be defrayed from the funds of the Association.  In the case of Accredited Delegates, expenses incurred shall be payable to the relevant Affiliated Body.  A member of the Governing Body acting in a dual capacity shall not be entitled to receive more than one reimbursement of expenses.

 

b.         Expenses incurred on approved Association business, at approved rates, of the Members of the Executive Committee and other specified persons shall be defrayed from the funds of the Association and paid to the individual.  Claims for expenses, other than for travel/subsistence shall be supported by vouchers/receipts where this is practical and possible.  The Executive Committee may request supporting evidence for any claim.

 

c.          Honoraria and Expense Rates shall be approved at the Annual General Meeting.

 

 

 

 

 

 

 

 

 

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Rule 11.

 

Financial Gain.

 

a.          No Associate Member of the Association shall derive any financial gain (other than honoraria and approved expenses) from or through his membership of the Association.

 

b.         No Associate Member of the Association shall be involved in commercial exploitation.

 

Rule 12.

 

Annual Subscription.

 

The Annual Subscription of the Associate Members shall be determined by the Governing Body by resolution to the first Quarterly Meeting in each calendar year to take effect for the Compensation Fund Year next ensuing. A portion of the Annual Subscription, to be determined by the Governing Body, following a recommendation of the Fund Board and on the advice of the National Executive, shall be used exclusively for the purpose of Article VII of the Constitution. (Amended 2012 AGM)

 

COMPENSATION FUND.

 

Rule 13.

 

The Fund Board.

 

  1. The Compensation Fund shall be administered by a Fund Board.  The Fund Board shall consist of not more than seven members of which the Association’s Chairman shall be Chairman of the Fund Board, the Association’s Hon Secretary, Hon Treasurer and Deputy Fund Administrator who shall be ex officio members of the Fund Board, and not more than three other Associate members who shall be nominated by the Chairman annually.  In the event of a vacancy arising in the Chairman’s nominees, the Chairman shall co-opt an Associate Member to the Fund Board.

(Amended at EGM Oct 2005)

 

 

  1. The Chairman’s nominees shall be subject to approval by the Executive Committee at the first meeting of the incoming Executive Committee following the Annual General Meeting.

(Amended at EGM Oct 2005)

 

 

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c.         Voting for any purpose at Fund Board meetings will be on the basis of one vote per Board Member.  Voting may be by secret ballot if agreed by majority decision.  In the event of a tie, the Chairman of the Fund Board shall have a casting vote.

 

  1. Meetings of the Fund Board will be held at least every 90 days or more frequently   as may be determined by the Fund Board Chairman.  At least ten days written notice of meetings will be given to each Fund Board Member.  An Extraordinary General Meeting of the Fund Board may be called by the Fund Board Chairman at any time, or by written application to the Fund Board Chairman by at least three Fund Board Members.  The purpose of the E.G.M. must be stated and only that purpose shall be discussed at the meeting.  Notice for a Fund Board E.G.M. may be as little as two days.  The quorum for all meetings of the Fund Board shall be four Fund Board Members.

 

Rule 14.

 

Fund Contract.

 

The Fund Board shall administer the Compensation Fund to provide protection for Associate Members and other specified persons/specified bodies through the issue of a Fund Contract, the terms of which shall be agreed by the Governing Body of the Association.

 

Rule 15.

 

Fund Expenses.

 

a.          All costs involved in the administration of the Fund shall be borne by the Fund.

 

b.         The Fund Board shall have authority to appoint or engage any temporary employees which it considers appropriate.

 

c.          The Fund Board shall have authority to terminate claims in such manner as the Fund Board considers to be in the best interests of the Association.

 

  1. Authority to terminate claims up to but not exceeding €10,000 shall be vested in the National Fund Administrator.  Authority to terminate claims greater than €10,000 and up to €40,000, where no solicitors are involved, shall be vested in the National Fund Administrator and one other member of the Fund Board.  Claims over €40,000 shall be settled following advice from the Association’s solicitors.  Where legal settlement negotiations for claims take place, all members of the Fund Board shall be notified.  Where the reserve for a claim is less than €60,000, two members of the Fund Board, one of whom shall be the National Fund Administrator or Deputy Fund Administrator may determine final settlement terms.  Where the reserve is greater than €60,000, but less than €125,000, three Members of the Fund Board,

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one of whom shall be the National Fund Administrator or Deputy Fund Administrator, may determine final settlement terms.  Where the reserve is greater than €125,000, four Members of the Fund Board, one of whom shall be the National Fund Administrator or Deputy Fund Administrator, must be present to determine final settlement terms.

(Amended at 2003 AGM)

 

Rule 16.

 

Fund Accounts.

 

a.          The assets of either the Fund or the Association may be invested in Government or Corporate Securities, Equities, Managed Funds or other Investment Funds, in each case with the advance approval of the National Executive. Capital Gains and/or interest accrued on investments shall be used for the purpose of Article VII. (Amended AGM 2005); (Amended AGM 2012).

 

b.         All monies received by the Fund shall be deposited initially in the bank account/s of the Fund as agreed by the Governing Body.

 

c.          All monies received by the Fund will be receipted in triplicate by the National Fund Administrator as follows:-

The original receipt to the sender of the money.

The second copy to the Association’s Hon Treasurer.

The third copy for retention by the National Fund Administrator.

 

d.         All expenses of and disbursements from the Fund shall be approved by the Fund Board.

 

e.          Cheques of the Fund up to €125,000 must be signed by any two of the following:-  Association Chairman, Hon. Treasurer, National Fund Administrator.  One of the signatures shall be that of the Hon Treasurer unless he is unavailable.  Cheques of the Fund drawn for amounts greater than €125,000 must bear all three signatures.

(Amended at EGM Oct 2005)

 

Rule 17.

 

Termination of the Fund.

In the event of the Fund no longer being required for the purposes for which it was set up, the assets of the Fund shall be managed by the Executive Committee which shall discharge all outstanding claims.  The assets of the Fund shall be kept intact until such time as all claims against Fund Subscribers, then outstanding, have been fully discharged and/or all claims submitted within the then prevailing time period, prescribed by law for the pursuance

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of claims by third parties against Fund Subscribers, have been discharged.  Following the statutory period prescribed by law for the pursuance of claims, the Fund shall remain intact with the Association, but the interest derived therefrom may be divided annually amongst the Affiliated Bodies at the direction of the Governing Body.

AFFILIATED BODIES

Rule 18.

Constitution

 

a.          An Affiliated Body shall have a written constitution and rules, a copy of which

shall be lodged with the Association.

 

b.         Each Affiliated Body shall hold an Annual General Meeting each year to elect its

Officers and Delegates to the Association.

 

Rule l9.

 

Amended 27/3/1999

Amended 04/10/2003

Amended 2010 AGM

 

COMPLAINTS TO DISCIPLINARY BOARD

 

Disciplinary Procedures

 

A)        Every year, the Executive Committee shall establish a panel of not less that six Associate Members, any three of which will act as a Disciplinary Board should the need arise, for ratification by the Governing Body at the Association’s Annual General Meeting.  The panel shall comprise persons who will have skill or knowledge or understanding such as will enable them to efficiently administer and determine a complaint in accordance with the principles of natural justice.  A Disciplinary Board of three will be selected from the panel by lot in the event of a complaint being made.  Any member of the panel who is connected to any side in a complaint shall not take part on the Disciplinary Board for the hearing of that complaint.  The Disciplinary Board shall be chaired by a member of the National Executive who will not have a vote and who will not serve in any Executive Committee which hears an appeal arising from a decision of the Disciplinary Board which he/she has chaired.  No other member of the Executive Committee shall serve as a member of the Disciplinary Board.

 

The Disciplinary Board shall hear and determine any complaint, whether made by the Executive Committee or a Member of the Executive Committee or an Affiliated Body or a non-voting Associate Member or the Compensation Fund Board, that either an Affiliated Body or a non-voting Associate Member have acted in a manner damaging to the interests of

 

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the Association and in event of the Disciplinary Board so determining, the Disciplinary Board shall be entitled to disaffiliate, suspend, fine, award costs against or impose any other sanction it considers appropriate on the party against whom the complaint has been made.  Where a complaint is withdrawn, the Disciplinary Board shall be entitled to take account of the time and expense incurred by the respondent and the Board itself up to the time of withdrawal and may levy those costs, or portion of them, against the complainant if the Board considers it to be appropriate in the circumstances.  An Executive Committee Member, other than the one selected to be chairperson of the Disciplinary Board, or a Trustee shall not be eligible for election to the Disciplinary Board. The Board’s term of office shall be one year.

 

B)         The Disciplinary Board shall inform the Affiliated Body or the Associate Member against whom the complaint has been made of its decision as soon as is practical following the conclusion of the Disciplinary Proceedings.

 

C)         The Disciplinary Board shall adopt procedures in accordance with the established principles of natural justice for the investigation of any complaint and the conduct of Disciplinary Proceedings and shall notify the Affiliated Body or the Associate Member against whom a complaint has been made of such procedures in advance of the hearing of the complaint.

 

D)         All complaints shall be submitted in writing by a complainant to the Association’s Director who shall act as Secretary to the Disciplinary Board.  Upon receipt by the Director of any complaint, he shall convene a meeting of the Disciplinary Board as soon as is practical.  A complaint which is not submitted in accordance with this provision shall be rejected by the Disciplinary Board.

 

E) Should a Disciplinary Board not have brought to a conclusion Disciplinary Proceedings prior to the expiry of its term of office, then the term of office of that Disciplinary Board shall be extended until the complaint has been determined.

 

F) In the event of a person ceasing to be a member of the panel, the Executive Committee shall have the power to co-opt a replacement.

 

G)  On receipt of a complaint, the Disciplinary Board shall inform the person or body against whom the complaint is made of the details then in the Board’s possession, including all relevant documentation as soon as possible but not later than fourteen days from the date of receipt of the complaint.  On receipt of details of the complaint from the Disciplinary Board, the person or body against whom the complaint is made shall respond as soon as possible but not later than fourteen days from receipt of the details.

 

H)  On receiving a complaint, the Disciplinary Board shall meet at the earliest opportunity to examine the complaint to ensure that it is consistent with the definition of a complaint as defined in paragraph 19A and shall make a determination on this point.

 

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(I) The Disciplinary Board may at its discretion, having regard to all the circumstances prevailing, deal with a complaint in an informal manner between the parties.

 

APPEALS TO THE EXECUTIVE COMMITTEE

 

A)        Any Affiliated Body or Associate Member against whom a complaint has been upheld by the Disciplinary Board shall be entitled to appeal the decision of the Disciplinary Board to the Executive Committee within two weeks (fourteen days) of being notified in writing by the Disciplinary Board of its decision.  The Executive Committee shall establish an Appeals Committee to deal with the appeal on its behalf.  The appellant shall be required to specify the grounds of the appeal indicating whether the appeal is against the severity of the sanction imposed by the Disciplinary Board or the upholding by the Disciplinary Board of the original complaint.

 

(All subsequent paragraphs amended by the substitution of “Appeals Committee” for “Executive Committee”)

(Amended 2011 AGM)

 

B)         The Executive Committee shall have the power to hear and determine any appeal.  The Executive Committee, in upholding a decision of the Disciplinary Board, shall be entitled to affirm the sanction imposed by the Disciplinary Board or any sanction the Executive Committee shall deem appropriate including disaffiliation, suspension, fine or award costs against the party against whom the complaint has been upheld.

 

C)         The Executive Committee shall adopt procedures in accordance with the established principles of natural justice for the conduct of the appeal and direct such investigations or enquiries as it considers necessary prior to the hearing of the appeal and the Executive Committee shall notify the appellant of such procedures in advance of the hearing of the appeal.

 

D)         A Management Committee as defined (see definitions) shall only be appointed when the Affiliated Body concerned has availed of its constitutional right of appeal and said procedure has been concluded or in the event of an Affiliated Body not taking up its right of appeal.

Rule 20.

Membership renewal following a complaint.

Where an Executive Committee Member or an Associate Member or an Affiliated Body against whom a complaint has been made in accordance with rule 19 ceases for whatsoever reason to be an Executive Committee Member, an Associate Member or an Affiliated Body prior to the complaint having been determined by the Executive Committee, no application for renewed membership or re-affiliation will be entertained until such time as the applicant has answered to the satisfaction of the Executive Committee the complaints made,

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reserving to the Executive Committee absolute discretion to decline the applicant’s application for renewed membership or re-affiliation as the case may be.

 

Reaffiliation.

A disaffiliated Affiliated Body or a disaffiliated Officer, Executive Committee Member or Associate Member, may only be re-admitted to the Association at An Annual General Meeting or Extraordinary General Meeting and then only by Resolution and carried by a (2/3) two-thirds majority.

 

Rule 21.

Publicity.

Any of the following persons may issue printed material in the name of the Association : Chairman, Hon.  Secretary, Public Relations Officer, National Fund Administrator, Administrator/ Director.  In the preparation of written texts one other of the aforementioned shall be consulted.

 

Rule 22.

Arbitration Board

An Arbitration Board may be set up by the Executive Committee, to which disputes or disagreements between Affiliated Bodies may be referred.  The findings of the Board will be binding.  An Arbitration Board may be set up at the request of any (1) one involved party.

Rule 23.

Cessation of the Association.

 

Should the Association cease to exist, the Association’s Trustees at that time shall act as Trustees for all the assets of the Association (including those of the Compensation Fund) until the expiry of the period prescribed by law for the pursuance of claims against the Association.  The Trustees may appoint solicitors who shall act on the direction of the Trustees.  Following such period, all the remaining assets of the Association, including those of the Compensation Fund, shall be distributed among the Affiliated Bodies affiliated to the NARGC on the date of the previous Annual General Meeting, in proportion to the number of their Associate Members.

 

Rule 24.

 

Changes/Amendments to the Constitution

 

Changes or amendments to the Constitution may only be enacted by Resolution at an Annual General Meeting or Extraordinary General Meeting and then only by a (2/3) two-thirds majority of the total valid poll.

 

This Constitution was adopted unanimously at an Extraordinary General Meeting of the Association on 11th February 1995.