AMGK Constitution
Amended 2025 by committee. Voted in March 23rd March 2025 at Special General Meeting
- NAME – The name of the society shall be ASSOCIATION OF MIDLAND GOLDFISH KEEPERS (AMGK).
- CLUB OBJECTIVES – To promote the hobby of goldfish keepers and encourage members to breed and exhibit their fish.
- MEMBERSHIP – Shall be open to all goldfish keepers and all members shall be treated equally, with assistance, advice and information being made available to all members.
- MEMBERSHIP & OTHER FEES – Membership and other fees will be agreed at the Annual General Meetings for the following year.
- COMMITTEE – The Committee shall be created from the executive and non-executive officers as proposed and ratified by the membership at the annual general meeting.
- MEETINGS – Meetings will be convened throughout the year; this will include an Annual Open Show and the legally required Annual General Meeting. Other events will be subject to ratification at the AGM.
- INDEPENDANT – The Society will remain independent and preserve its autonomy this includes from commercial and political influence or any conflict of interest. However, the society will work with other goldfish orientated societies to further the hobby.
- AFFILLIATION – It is not the intention of the AMGK to replace a member’s present society, but to supplement it. Members will be encouraged to retain any membership they have in any other society. Members of affiliated Goldfish Societies by entry to the Open Show are provided a free affiliated membership to experience the benefits of our mutual society.
- SUMMARY -The above tenets of the AMGK are subject to the guidance, policy and specifics held in the constitution details document, and as such the details document is considered part of the Club Constitution.
Association of Midland Goldfish Keepers
Constitution details
Contents
(1) Club Name: The Association of Midland Goldfish Keepers
(5) Ceremonial Positions and Honorary Members/Life Members
(8) The Committee, the Executive Officer roles
Club Chairman (Executive position)
Club Secretary (Executive position)
Honorary Club Treasurer (Executive position)
Executive and Non-Executive Committee Members
Contingency for Committee break down
(9-11) Annual General Meeting and Special General Meeting
(12-13) Alteration of the Rules (Constitution), Other Resolutions and By-Laws
13. Other Resolutions and By-Laws
(14-16) Finance, Borrowing and Property
(19) Insurance and Risk Assessments
(20) Formal Policy for the management of Grievances & Misconduct
(1) Club Name:
The Association of Midland Goldfish Keepers Or AMGK.
(2) Club Objectives
AIMS To promote the hobby of goldfish keepers and encourage members to breed and exhibit their fish. Providing intellectual support to all keepers, beginners and old hands to goldfish keeping will be treated equally and assistance, advice and information will be made available to all members.
(3) Membership
As a rule, no person has a right to become a member of any Club, however membership to the AMGK is open to all goldfish keepers.
The Club can and will refuse to admit any person to membership whose character or conduct is likely to bring the Club into disrepute. Refused individuals will be refunded any subscription fees received to become a current member of the AMGK.
All members shall be treated equally, and the AMGK uphold that a membership cannot be refused on discriminatory grounds, thus adhering to the Equality Act 2010 (as may be amended). It is a founding tenet of the Club that all members are equal.
Members under the age of 18 will be required to register through a family membership. Family membership can be applied for separately with the committee, and includes 2 Adults, and the children living in the same household. All family members aged 16 or 17 may have an individual vote on club matters. However, where determined appropriate by the committee. The committee may choose to exclude under 18s from a contractual vote amongst full members (in compliance with Contract law in England & Wales).
Affiliated memberships are limited to 3 events including the Annual Open Show after which application for full membership is encouraged. However Affiliated members are required to become full members at the end of affiliation, before being allowed to exercise voting rights at an AGM or SGM.
(4) Membership and other fees
AMGK membership fees are payable for all members between 31st October and 31st March each year. The annual renewal due by the 31st of March each year. Members who subscribe to recurring membership through the website will be billed automatically on the anniversary each year of their subscription.
Members without either an active membership or a Life or honorary membership on the 31st of March will have their website access removed and the Club will assume the member has resigned from the club.
The main source of finance for the Club is its members’ membership fee. The cash value of the fee will be recommended by the committee and agreed at the Annual General Meeting, when the years accounts are reviewed by the members, and the mandate of the Honorary Treasurer’s budget for the year ahead is agreed.
(5) Ceremonial Positions and Honorary Members/Life Members
The AMGK Committee has the power to appoint the ceremonial positions of Honorary Member and Life Member.
Honorary membership carries no constitutional entitlement to vote at meetings or membership subscription and is appointed for the following reasons:
- Non-Fish Keeper who demonstrates significant service to the association on a voluntary basis to the benefit of the club’s members for example running the club newsletter or supporting a spouse in their fish keeping hobby while never holding any passion for Goldfish or Fish keeping.
- Holds an academic position in the community that benefits the club through some form of patronage. Example presenting prizes at a show or giving demonstrations or lectures useful to the society’s membership in the pursuit of fish keeping.
- Holds a position of influence in the community and uses that to promote the hobby of Goldfish keeping either nationally or internationally.
Life Membership carries the same constitutional rights as members, without the requirement for annual subscription payment. Life memberships are awarded to members who have demonstrated long service to the club and hobby. Thus, meriting the appreciation of the wider membership for their service to both. It is assumed that the life member will adopt as much or as little interaction with the club as they desire. Able to fulfil or not fulfil a role within the club’s constitutional or social activity as any other member as they wish. While also retaining all voting rights and other benefits of membership.
It is however also assumed that the Life member will in the club’s times of need offer and provide their knowledge and experience in the application of the constitution, where no members of experience or mandate are available to conduct club business. This assumption is taken on the basis that a Life Member should and is afforded the respect of an elder of the society, and thus has an inherent lifetime interest in the club’s legacy. Individual Life members can be petitioned to provide oversight to the club’s running outside the forum of an A.G.M should the standing committee or membership request at an A.G.M. The scope of this request can be:
- Providing the club an auditor for the clubs’ financial transactions, to support and protect the executive officer responsible for the club’s money from accusations of financial impropriety, to identify any errors or financial risk.
- Provide support if called upon to fulfil the club’s expulsion, disciplinary action, and dispute resolution process
- Form the club’s oversight committee in the special circumstances that an Administrative Executive officer is appointed.
- Provide encouragement and coaching to members to become active in the committee and day to day running of the club, as they once did.
Please note that since honorary or Life memberships are conferred at an A.G.M; in the very unlikely event that such a membership needs to be removed, they will equally need to be removed at an A.G.M. The Committee would have to make an appropriate proposal in the meeting’s agenda, which will in turn put the matter into the public domain.
(6) Resignation
A member is deemed as having resigned from that Club if Club fees remain unpaid for one month or more. The Club must inform the member that this is the case.
Any member who does resign or whose membership is terminated should not expect any or part of their annual membership fee returned to them. Members who resign before 16 days of membership, having not conducted Trade, entered an auction, competed in a show, or voted at the A.G.M, will be refunded in full.
The Club will inform all relevant Goldfish Society Committees should a member resign or have their membership terminated when still owing money or property to the Club.
(7) Member’s Conduct
Members are reminded that most grievances can and should be resolved informally without resorting to a formal process. This can be mediated by but not limited to a Committee Member, Life Member, or independent Club member. Frivolous or fictional complaints shall be strongly condemned. Members are reminded that executive officers and members conduct work for the membership as unpaid volunteers and as such should not be harassed, abused, or treated in any other way other than an equal (see Membership).
Adults in a family membership will be held responsible for the actions and behaviours of all members in their household.
For further instruction on Club Policy see section 20
(8) The Committee, the Executive Officer roles
The Committee shall consist of the ‘Executive Officers of the Club’ and a desired number of other elected members all of whom must be 18 years or older and members of the Club. Committee numbers should be manageable and not all roles should be considered committee roles i.e., The person leading on club catering doesn’t have to be a committee role. The positions shall be held for a period of 36 months. The positions will become available for re‐election at the Annual General Meeting. Nominees for the vacant positions shall be proposed, seconded, and voted for by the members present at the meeting.
The Committee has the power to elect seconded roles to fulfil committee tasks in the event of an individual executive officer’s resignation, or falls ill, or is otherwise absent from the role for either planned or unplanned reasons.
Junior members may be invited to attend meetings for a particular discussion, but this would be without the power to vote.
To avoid any perception of conflict of interest and to assist in succession planning it is desirable that the Officers should not be members of the same family. Where this is not possible at least one of the Officers should not be related to the other Officers and signatories to payments and orders should not all be members of the same family.
The management of the affairs of a Club are delegated to the elected Committee. The Committee’s powers are delegated from the membership at the A.G.M, where a majority vote of members will determine the committees mandate for the year ahead.
Provided the Committee acts within the powers granted to it, it is up to the members of the Committee to determine their own methods and procedures.
Where the Committee is involved in making a decision, any individual participating in that decision making process and who has an interest in the outcome must declare that interest and take no further part in deciding the outcome. The committee must ensure that a quorum majority is in place for a decision to be taken.
The elected members of the committee shall be voted on at a Club A.G.M. Should the members at the A.G.M fail to agree on a committee consisting of a minimum of Club Chairman, Club Secretary and Honorary Club Treasurer for whatever reason a Administrative Officer (AO) may be appointed, to fulfil the day to day running of the club until such time as the club elects a new committee or the majority membership choose to formally adopt a dissolution process.
The primary role of the Committee is to manage the Club. Should a committee member take on a secondary role then that is ancillary to their main committee role function. Other volunteer roles within the Club are additional to support the committee.
Club Chairman (Executive position)
The main roles of the Club Chairman are (but not limited to).
- To provide direction and leadership to the club, dealing with issues as and when they arise.
- To chair meetings; setting the agenda to support the development of the club and to ensure that proceedings are conducted in a proper manner. Meeting Chair can be delegated for any specific meeting except the A.G.M should the active Chair be absent.
- To oversee decisions made by the management, sub committees, officers, and other club personnel.
- To prepare and present the annual report
- To help ensure the correct and smooth running of all aspects of the club in accordance with its rules, constitution and by-laws, and UK law.
- To manage the processes surrounding internal disputes and discipline required.
If a member wishes to make any direct overt criticism of a Club Committee member or other member of the Club in a general meeting, they must first notify the Chairman in good time to enable the Chairman to advise such person in advance of the meeting in order that he/she is able to prepare himself/herself for such criticism.
As a separate obligation on the Chairman of the meeting when an Official or member is the subject of criticism the Chairman must specifically afford such person the opportunity to respond to include if requested consideration of an adjournment to enable the person to collect his/her thoughts.
It is not intended that this should stifle democratic debate, but ethical considerations and indeed common-sense decency dictates that advance warning should be given to anyone who is to be the subject of criticism in a general meeting.
Club Secretary (Executive position)
The Club Secretary is responsible for the day to day running of the club in administrative terms, dealing with correspondence, organising meetings, and ensuring accurate minutes are taken at appropriate meetings. It is important to include the expectations of the Club Secretary within the Club Constitution in terms of timelines connected to Annual or Special general meetings.
It is recognised that certain business discussed in Committee meetings may be prejudicial to the Club (or other persons) if made public. Minutes of Committee meetings may be kept private, but ALL DECISIONS MUST BE MINUTED. It is also recommended best practice for the Committee to issue periodic briefings to members of key decisions made and matters discussed.
The main roles of the Club Secretary are (but not limited to).
- To act as a main point of contact for the club.
- To manage the day-to-day running and administration of the club including all internal and external correspondence.
- To organise committee meetings and A.G.Ms, prepare agendas, take minutes, and distribute and communicate these as appropriate.
- To have a good knowledge and understanding of the roles and responsibilities of other club committee members.
- To maintain up-to-date contact details of all members, committee members, other key club personnel while respecting the Clubs legal obligations to G.D.P.R
Honorary Club Treasurer (Executive position)
The Honorary Club Treasurer is responsible for the financial accounting of the Club. The Honorary Club Treasurer is required to make regular reports at meetings of the Club as to the financial position and prospects of the Club.
It is acknowledged that several club transactions will be via online banking (including PayPal) The Club should ensure that at least one other signatory authorises in advance payments made by the main signatory operating the account. This is set up as good practice to protect the Honorary Club Treasurer as the Executive Officer in charge of the finance of the Club. Any authorisation should be recorded in writing and retained by the Club. It is also good practice for online transactions and bank statements to be reviewed regularly by a designated Member.
The main roles of the Club Honorary Club Treasurer are (but not limited to).
- To be responsible for all club finances by ensuring adequate accounts and records exist, and that all funds are used appropriately and banked promptly.
- To plan the annual budget in agreement with the club committee and to monitor throughout the year.
- To prepare end-of-year accounts and present to the auditor, management committee and A.G.M.
- To plan floats with members who would need to collect or pay out cash and make them aware of procedures.
- To be responsible for maintaining financial records of a minimum of current financial year + 6 years in compliance with legal and regulatory requirements in the UK.
Club President
Is a leadership role closely associated with the Club Chairman, with the enthesis on Club promotion and membership; the Club President is responsible for (but not limited too)
- Welcoming new members
- Ensuring the clubs activities are promoted amongst Club Members, other clubs and potential members alike.
- Offer free advice to Goldfish Keepers
- Act as an intermediary between Breeders and other Keepers
Vice Positions
Where possible the committee will recommend to the members at the AGM candidates to fulfil a vice position mirroring the essential committee positions. These positions are a contingency in the event of the committee members not being able to fulfil their duties for whatever reason; and should form the purpose of succession planning for the club’s future.
Executive and Non-Executive Committee Members
- To help ensure the correct and smooth running of all aspects of the club in accordance with its rules, constitution and by-laws, and UK law. (Both executive & non-executive)
- Act as a second signature on the Club’s accounts (executive)
- Audit the Club’s financial records (non-executive)
- Take the lead in the oversight committee formed from the life members should a caretaker executive administrative officer be appointed.
Contingency for Committee break down
Administrative officer (AO)
As a caretaker roll installed in the club to ensure the continuation of the club for its members in the absence of a fully working committee for whatever reason. The role can be installed for 1 year at an A.G.M. The AO’s responsibilities are but not limited to:
- To take up the joint responsibilities of the Chairman and Club Secretary
- To delegate committee roles to members to assist in the running of the club and its meetings without the members assuming the accountability associated with formal election to an Executive Officer role.
- To be accountable to an oversight committee of Life Members during the year and the membership at the A.G.M at the end of their tenure. The AO will provide an administration report in May and August to the oversite Committee, and a full report to the A.G.M.
Oversight Committee
It is recognised that Life Members are Typically former Committee members who have retired with no wish to be actively involved in the day-to-day. It is also recognised that Life Members carry the most experience and have invested the most into the Club as it is today. They therefore have an inherent right to have the club managed in a way that continues to provide the opportunity to sit at the back of the room and enjoy their legacy. In the absence of a full committee of Executive Officers, the oversight committee is to be appointed to scrutinise expenditure, contracts and actions taken on the clubs’ behalf by the AO as described to the oversight committee in the May & August reports. The Committees is therefore responsible for but not limited to:
- Scrutinize the reports from the AO
- Raise questions and offer advice to the AO
- Uphold the constitution should the need arise through the expulsion, disciplinary action, and dispute resolution process, if felt necessary.
- Hold the club’s indemnity plan to ensure the club’s survival should the AO be unable to fulfil their constitutional responsibilities.
- Promote (along with the AO) the re-establishment of a full working Committee at the end of the AO’s tenure.
(9-11) Annual General Meeting and Special General Meeting
The Annual General meeting is to be held during the month of October of each year. The purpose of the A.G.M is to review the Club’s year and set the mandate for the year ahead. The meeting agenda will be published 2 weeks prior to the meeting and must include:
- Financial report for the closing year
- Proposed budget for the following year
- Declaration of Committee positions up for Election
- Appointments of the Open Show Committee
- Any Motions submitted to the Chair before publication of the agenda
- Amendments should be submitted to the Chair prior to the meeting to be read into the agenda
For members to exercise their right to vote, they must attend the meeting, no voting by proxy will be permitted, non-attendance is abstention.
The chairperson may use his or her power to delay the appointed starting time to give every opportunity for the necessary number to be present. Upon being satisfied that a quorum is present, the meeting should be formally declared open.
10. Conducting an A.G.M
Nominees for the vacant positions shall be proposed, seconded, and voted for by the members present at the meeting.
Motions must be proposed by the mover, who should then state their case to the membership, before yielding the floor to democratic debate. The Chair will ensure that the meeting understands the key points, before asking that the motion be seconded, and then voted on by the members present at the meeting.
Amendments may, add to the motion, subtract from the motion, substitute words within the motion or alter the wording of the motion, but never negate the motion.
Points of order, apply only to breeches of rules or decorum, they should be raised at the time the breech occurs, no seconder is required, and the point of order is not up for debate. All points of order are subject to the chairperson’s ruling.
All members are reminded that healthy debate is conducted with common-sense and decency. Members are directed to section 7 the role of a chairperson for the correct path of discourse for any overt criticism of individuals.
11. Special General Meeting
A Special General Meeting maybe called at any time by an Executive Officer and or Life Members with 14 days’ notice to the membership. The notification must describe the reason for the meeting and agenda. The business of a special general meeting should follow the democratic structure of an A.G.M.
(12-13) Alteration of the Rules (Constitution), Other Resolutions and By-Laws
12. Alteration of the Rules (Constitution)
As the constitution is the contract between all members at all levels, proposed alteration of the constitution can only be motioned and voted on at an A.G.M or a Special General Meeting. A proposal should be published with a minimum of 4 weeks’ notice, to allow members time to review, understand the suggest amendments. Alterations should only be passed if a quorum can be demonstrated.
13. Other Resolutions and By-Laws
A resolution should be a motion by origin, which because of its importance, length, or complexity needs to be submitted in writing. It is then brought forward on the floor of an A.G.M. or Special General Meeting.
The normal operation of the Club’s activities should be in the form of by-laws. The provision and passing of by-laws will be the constitutional right of the committee.
The fundamental rights and responsibilities of the membership and duties and liabilities of Club Officers are matters dealt with within the main Club Constitution and should not be reduced to mere by-laws.
(14-16) Finance, Borrowing and Property
14 Finance
The Club is required to maintain full and accurate financial records of its dealings with an independent examination of the accounts taking place and being submitted at the Annual General meeting. “Independent” for these purposes means a person who is not related to and preferably not a close personal acquaintance of the Executive Financial Officer or any member of the Committee. Expenditure shall be monitored and authorised by a minimum of 2 Executive Officers or Life Members acting in accordance with the Club constitution.
15 Borrowing
No member is permitted to borrow on the behalf of or in the name of the Club. As a non-incorporated association there is no legal entity that can borrow in the club’s own name. Members are not permitted to personally enter debt which may by action or inference place other members at risk of liability. The club will not loan monies to members or private individuals. Any exchange of money between members and the club treasury will be for the purpose of fulling the obligations and aims of the association.
16 Property
The Club’s legal status means it has no property; however, there are members who hold shared assets for the collective purpose and aims of the club. These are but not limited to:
- Show Tanks
- Trophies
- Show equipment
- Education and presentation equipment
Members who hold this property for the club are custodians and should either be appointed or reaffirmed at an A.G.M for the role.
(17) Dissolution
Dissolution of the AMGK while undesirable is governed by the following club rules:
A motion for dissolution should be presented at either an A.G.M or Special General Meeting. This process should not be rushed and the case for dissolution should be made before a quorum is set for dissolution based on the club’s current membership. The minutes should be taken verbatim to allow the minutes to reflect the seriousness of the motion and published. Members will be given a minimum of 3 months to consider the motion before a vote at a second Special General Meeting.
As the club enjoys a status of mutuality and the principle of which is that one does not take a taxable profit from oneself, the Club’s property and funds should be disposed of in the following way.
Property should be either put up for sale, distributed or awarded to individual members or donated to associated clubs for the continuation of the hobby.
All current members will receive a refund of membership subscription calculated from their payment history for up to 1-year priory to dissolution (max 1 payments). The remaining funds will then be equally shared amongst current members with over 5 concurrent year’s subscription history to the club.
Former members who have resigned from the club (see section 5 Resignation) will not receive any compensation from the dissolution of the club. No current or former members can be held liable for any claim of compensation from members who resigned before the motion of dissolution.
(18) Acknowledgements
The Club Constitution referred to as the ‘Club Rules’ must be readily accessible to all members as these constitute a legally binding contract which regulates the relationship of the members with each other and the Club.
The Club constitution should be readily available to all members either included on the Club website or sharing annually at time of membership renewal.
It is a requirement that the acknowledgement appears on the Club Membership renewal and new membership forms to allow all Club members and parent/guardian for those under 18 years of age the opportunity to agree to the responsibilities of membership to the Club. This agreement should be by way of electronic or written acknowledgement by both the minor and responsible adult.
The Society will remain independent and preserve its autonomy this includes from commercial and political influence or conflict of interest. However, it will work with other goldfish orientated societies to further the hobby.
It is not the intention of the AMGK to replace a member’s present society, but to supplement it. Members will be encouraged to retain any membership they have in any other society. Members of affiliated Goldfish Societies by entry to the Open Show are provided a free affiliated membership to experience the benefits of our mutual society.
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(19) Insurance and Risk Assessments
The legal position of the AMGK is that of an unincorporated association which provides for the prospect of individual members and Committee members being personally liable to outsiders, it is therefore imperative that Clubs obtain comprehensive insurance cover.
This insurance includes:
- Public Liability Insurance (including member to member cover).
- Employers Liability Insurance (a compulsory insurance where applicable, but also covers Volunteers). The Certificate of Insurance must be displayed at all meetings and shows.
- Personal Accident insurance.
- Officers’ indemnity insurance.
- Legal Expenses Insurance.
Insurance cover will not extend to any activities excluded from the scope of Insurances. For example, it would not extend to fines and penalties imposed under criminal law (e.g., because of a prosecution by the Health & Safety Executive). All venues and equipment will be documented, and risk assessed to minimise the liabilities of all parties. All members will be encouraged not to enter actions that place them or others into risk of physical injury, (specifically muscular skeletal injury through lifting), and any member ignoring Club guidance does so at their own risk and liability.
(20) Formal Policy for the management of Grievances & Misconduct
All complaints regarding the misconduct of club members should be submitted in writing to an Executive Officer within three months of the most recent alleged misconduct. Where the matter relates to an Executive Officer, the complaint should be addressed to an alternative Executive Officer or designated Life Member. The content of a complaint will include specific details and evidence in relation to the infringement of Club Rules or any other offence or misconduct carried out during or in association activities which might reasonably be considered as bringing or having the potential to bring the Club into disrepute. Which may constitute but not limited to Goldfish Welfare, improper use of social media, financial misconduct, or criminal activity.
Upon receipt of a formal complaint, the Executive Officer, or Life Member (EOLM), having taken, and subject to, such advice and consultation as he or she considers it prudent to take in the circumstances, write to the Member or Members concerned to inform them of the complaint and to invite them to comment in writing within twenty-one days upon the relevant allegations.
After 21 days, the EO or LM will determine if the complaint has sufficient grounds and is capable of being pursued based on the evidence/statements provided and will dismiss any frivolous complaints at this stage. If the matter is dismissed that shall be explained to the Complainant, who shall be entitled to ask Life Members to review the decision.
If the matter is sufficiently evidenced a process will be pursued. Any associated hearings shall be in private. Any person or persons involved in a disciplinary situation has the right to be accompanied by an independent observer (‘Supporter’) to any meetings or discussions on the matter, if so desired. A Supporter is not a legal representative. The Supporter must be named and may accompany the Member throughout any hearing process.
The EOLM will appoint three club members to sit on the Disciplinary Panel, none of whom have had any direct interest or involvement in the matter. This may include any combination of committee members, Life Members, and non-committee members as the EO or LM his or her discretion decide.
The EOLM shall inform all parties concerned of the composition of the Disciplinary Panel. Either party may object to the composition of the Disciplinary Panel by notifying the Club Secretary of the Objection and setting out the reasons for such an Objection no later than seven days from the date of being informed of the composition of the Panel.
The EOLM, within fourteen days from the date of receipt of an Objection, will notify in
writing the parties that either:
• the composition of the Panel has changed; in which case the EOLM shall provide details of the new Panel; or
• the composition of the Panel has not changed; in which case the EOLM shall give reasons why it has not accepted the Objection.
Within twenty-eight calendar days from the date the Club Secretary responds to the Objection above (as appropriate), the Club Secretary shall give such directions to all parties that include.
• the date and place at which the Panel will meet to determine the hearing.
• whether the hearing will proceed by way of written submissions or an oral hearing; and whether the parties should be required to submit statements of their evidence and/or written submissions prior to the hearing and, if so, a timetable for doing so and the procedure for exchanging such statements and written submissions.
The Disciplinary Panel shall meet on the date fixed by the EOLM to consider the initial complaint and any formal responses from the member(s) involved. Any hearing shall be confidential and held in private. In some cases, this can be done online via Zoom, Teams or other video conferencing service.
The Disciplinary Panel will have the power to suspend temporarily from membership any Member accused of an offence or misconduct, pending further investigations or enquiries. This suspension shall be to facilitate the investigation and be without prejudice to the outcome of the investigation.
The Disciplinary Panel will make such further enquiries as it thinks fit and will offer a reasonable opportunity to any Member concerned to meet with it and answer the allegations.
The Disciplinary Panel will hear such witnesses as are reasonably produced. The Disciplinary Panel will make such procedural provisions as necessary for the just and efficient disposal of the case.
If the Disciplinary Panel is satisfied by majority on the balance of probabilities that an offence of misconduct has been committed by a member, then it may impose one or more of the following actions:
- note the offence or misconduct but take no further action.
- formally warn the Member concerned as to future conduct.
- mentoring from a senior club member.
- suspend or disqualify the Member from Club activities and Website, for some definite or indefinite period.
- recommend to the relevant Goldfish Societies that the Member be disqualified from any involvement in competition for some definite or indefinite period.
- terminate his or her membership or remove him or her from any official position within the club; and/or such other penalty as the Disciplinary Panel considers appropriate.
All parties concerned will be provided with the Disciplinary Panel’s formal written outcome notification by hand or by recorded delivery within seven days of the decision. The letter notifying the decision of the Disciplinary Panel shall also set out the right to Appeal.
The accused and/or the Complainant, may appeal against the decision of the Disciplinary Panel, by serving a Notice of Appeal on the EOLM within seven calendar days of receiving the written decision. The Notice of Appeal must state the grounds on which the verdict of the Disciplinary Panel is challenged.
The EOLM shall acknowledge a Notice of Appeal within seven calendar days of its receipt and will cast a decision regarding ‘the grounds on which the verdict is challenged’. If there are
sufficient grounds/evidence provided to support the challenge, the Appeal Panel process will
commence, if there are insufficient grounds, the appeal will be dismissed.
The Club Secretary shall appoint an Appeal Panel of three members who have not been involved directly, either in the events giving rise to the Original Complaint, or in the initial Disciplinary Hearing itself. The Procedures and Powers defined for the disciplinary panel above shall be used to establish the Appeal Panel, and to provide directions for the Appeal hearing.
The Appeal Panel shall meet on the date fixed by the EOLM. The Appeal Panel may at its sole discretion disregard any failure by a party to adhere to this appeal procedure and may give such further directions as may be appropriate. The Appeal Panel shall have power to decide on the facts as it thinks fit and may:
- Quash the original decision.
- Confirm the original findings.
- Rehear the case
- Increase the original sanction
- Or abate the original sanction.
The Appeal Panel shall inform all parties of its decision within fourteen calendar days together with written reasons for its decision. The decision of the Appeal Panel shall be final. The Appeal Panel shall decide on any issue by majority and on the balance of probabilities.
Records of Hearings and Appeals: The decision of a Disciplinary Panel, including Appeal Panel, shall be recorded, and retained in confidential records for a period of six years by the Club. Supporting documentation shall also be retained in the same fashion.
Co-operation of All Parties: The procedures described in these Discipline Procedures assume that all parties will co-operate in the interest of resolving the issue in question. In the absence of such co-operation, or if it is withdrawn at any stage, the Club reserves the right to proceed with a Disciplinary Hearing or an Appeal based on such evidence and information as it is able to obtain.
Authority to Seek Advice: In the interests of dealing with matters expediently and fairly, when dealing with a complaint, the EOLM shall be entitled to take, or omit to take, such action as is recommended pursuant to legal advice received from a legal practitioner whom the EOLM reasonably believes is competent to provide such advice.