Proposal for Changes to FI Constitution for Review

Post date: Sep 14, 2016 10:19:33 AM

The following is a proposal from the working group of Fireball International for changes to the current constitution. Closing date for comments is October 31st 2016. The current wording can be found on the International website for comparison - http://www.fireball-international.com/the-class/constitution/

1 Fireball International

Fireball International is a Federation of National Class Associations, Affiliated Members, Unaffiliated Members and Honorary Life Members.

2 Flag

The Class flag shall be square, with a red disc centered on a blue background. For Class racing, International Numeral Pendant 8 may be used.

3 Mission

The mission of Fireball International is to promote and facilitate Fireball racing and sailing worldwide by:

- Encouraging Fireball racing internationally;

- Promoting strong Fireball fleets throughout the world;

- Maintaining the one design nature of the Fireball class;

- Keeping the boat modern; and

- Promoting communication amongst Fireball fleets and sailors worldwide.

4 Language and Interpretation

The official language of Fireball International is English. The word "shall" is mandatory and the word "may" is permissive.

5 Governing Law

Fireball International shall be governed by the laws of England.

6 Definitions

As used herein and in the Class Rules, the following shall mean:

a) "Affiliated Members": A person who is a member of a NCA.

b) "Class Rules": The rules governing all matters affecting performance, such as design, measurement of boats, spars, sails, and equipment.

c) "Council": The governing body of Fireball International.

d) "Executive": The Executive Committee of Fireball International.

e) "Flag Officers": The Commodore and Rear Commodores of Fireball International.

f) "Honorary Life Member": A person so appointed by the Council.

g) "International Fireball": The class of sailing dinghy known as the Fireball, as originally designed by Peter Milne.

h) "Licensed Builder": A builder holding a valid license from World Sailing for the production of International Fireballs.

i) "Measurement Certificate": The certificate issued in accordance with the Class Rules.

j) “Member National Authorities (MNAs): The MNAs are the principal members of World Sailing and are responsible for the decision making process that governs the sailing world.

k) "National Class Association (NCA)": The International Fireball Class National Association organized in a MNA and recognized by Council.

l) "Sail Number": The registration number allocated by Fireball International for a Fireball dinghy.

m) "Secretary": The person holding such office.

n) "Technical Committee": The committee responsible for the application, interpretation, and review of proposed modifications of the Class Rules.

o) "Treasurer": The person holding such office.

p) "Unaffiliated Members": A person, ineligible to be a member of a National Class Association, who has applied and been admitted to membership by Council. If there are more than five such memberships from a MNA in this category, a NCA may be organized and an application for admission be submitted to Council.

q) "Valid Measurement Certificate": The Measurement Certificate issued to the current owner, and for which the current year registration has been paid.

r) "World Sailing": The world governing body for the sport of sailing.

7 Council

7.1 The Council shall be composed of one duly appointed representative of each NCA. Members of the Executive shall be non-voting members of Council.

7.2 Council shall call for nominations for Flag Officers not less than eight months prior to the expiry of the current term of office. Nominations shall be closed four months prior to the expiry of the current term of office.

7.3 The Commodore shall be nominated by a NCA and seconded by another NCA. The Rear Commodores shall be nominated by a NCA in their region and seconded by another NCA.

7.4 In the absence of a nomination, the Council shall appoint the Flag Officer.

7.5 Council, as the case may be, shall elect or appoint the Flag Officers two months prior to the expiry of the current term of office.

7.6 Flag Officers shall be elected for a term of three years and may be re-elected.

7.7 In the event of a Flag Officer's position becoming vacant, Council shall appoint a replacement to serve for the balance of the term.

7.8 Council shall hold an Annual General Meeting during the World Championship, or in those years with no World Championship, during the European Championship, at a date and time to be notified by the Secretary to every NCA not less than thirty (30) days prior to the meeting. The Notice of the Meeting shall include the agenda.

7.9 Council shall hold Special General Meetings at the request of the Executive or at the request of a minimum of 4 NCAs at a date and time to be notified by the Secretary to every NCA not less than thirty (30) days prior to the meeting. The Notice of the Meeting shall include the agenda. Special General Meetings may be held via electronic means.

8 Voting Rights

8.1 A NCA shall be in good standing provided it has paid the annual subscription and registration and has advised Fireball International of the contact details of its current executive, the list of its members, and the list of its boats. Failure to fulfill these obligations for a period of two consecutive calendar years shall result in the NCA no longer being a member of Council.

8.2 Each NCA in good standing shall be entitled to eligible votes based on the number of its paid up members as of December 31st in the year preceding the vote as follows:

- 10 to 25 members: one vote;

- 26 to 50 members: two votes;

- 51 to 100 members: three votes;

- 101 to 150 members: four votes;

- 151 to 250 members: five votes;

- 251 to 350 members: six votes;

- 351 to 500 members: seven votes;

- 501 to 650 members: eight votes;

- 651 to 850 members: nine votes; and

- 851 members or more: ten votes.

8.3 Unaffiliated Members of FI and NCAs with fewer than 10 members shall submit the individual members’ votes to the Class Secretary. All votes received in this manner shall be aggregated. The Class Secretary shall apply a minimum of one vote at Council to reflect the majority of such votes received. If there are more than 25 such individual votes received, a maximum of two votes at Council will be applied.

8.4 Notwithstanding the provision of Article 7.1, in the case of a tie, the Commodore of Fireball International shall cast the deciding vote.

9 Voting Procedures

9.1 Proposals requiring a decision by Council may be submitted to the Secretary by a NCA or by a member of the Executive.

9.2 No proposal shall become a Resolution unless seconded.

9.3 Resolutions shall be circulated to Council and Unaffiliated Members within thirty (30) days of receipt by the Secretary.

9.4 Members of Council and Unaffiliated Members shall have a maximum of thirty (30) days from the date of circulation of the Resolution to vote in favour or against it.

9.5 The voting shall be by electronic media.

9.6 The results, listing all the NCAs and their votes, shall be circulated by the Secretary to Council within ten (10) days of the expiry of the voting period.

9.7 Changes to the Constitution shall occur upon Resolution of Council approved by sixty percent (60%) of total eligible votes, subject, if necessary, to the approval of World Sailing.

9.8 Changes to the Class Rules shall occur upon Resolution of Council approved by sixty percent (60%) of votes cast, subject, if necessary, to the approval of World Sailing.

9.9 All other decisions, subject to Section 12, shall require a simple majority of votes cast.

10 Subscription and Registration

10.1 The Council shall establish an annual subscription payable to Fireball International by the NCAs and Unaffiliated Members. The subscription for the NCAs shall be established on the basis of the number of their Affiliated Members, subject to such minimum subscription as the Council may from time to time determine.

10.2 Affiliated or Unaffiliated Membership shall be required of helms and crews in order to compete in Fireball International events.

10.3 Council shall establish a per boat annual registration fee payable to Fireball International by the NCAs and Unaffiliated Members

10.4 Annual registration shall be required in order to obtain a Valid Measurement Certificate. A Valid Measurement Certificate shall be required for a boat to compete in Fireball International events.

10.5 Annual subscriptions and registrations shall be payable thirty (30) days after they have been issued.

11 Executive

11.1 The affairs of Fireball International shall be managed by the Executive subject to the authority of Council.

11.2 The Executive shall comprise the Flag Officers, the Secretary, the Treasurer, the Chairman of the Technical Committee, and other appointees, as may be made by the Commodore from time to time.

11.3 Appointments for the positions of Secretary, Treasurer, Chairman of the Technical Committee, and other appointees shall be made by the Commodore and ratified by Council for a period to coincide with the elected term of office. Appointees may be reappointed.

11.4 The Commodore shall be responsible for coordinating all matters of an international nature, shall exercise a general oversight of the affairs of Fireball International and shall make a report at the Annual General Meeting. The Commodore shall preside at all General Meetings of the Federation and Council. In the absence of the Commodore, the Rear Commodores shall choose a Chairman from amongst themselves. In the absence of the Commodore or Rear Commodore at a meeting of the Federation, the members shall choose a Chairman from amongst themselves. The Commodore shall not hold office in a NCA.

11.5 The Rear Commodores shall represent the interests of and coordinate activities within their geographic regions, namely Africa, America, Asia, Australia and Oceania, Central Europe and Western Europe. Central Europe shall include Germany, Switzerland and Italy and all NCAs in Europe further to the east. Western Europe shall include all other European NCAs.

11.6 The Secretary shall be responsible for the day to day correspondence of Fireball International, maintenance of its records, the conduct of ballots, notices and minutes of meetings and shall act on behalf of the Unaffiliated and Honorary Members of Fireball International. The Secretary shall be responsible for the issuance of Sail Numbers for the Class. The Secretary shall be responsible for liaison with World Sailing. The Secretary shall not hold office in a NCA.

11.7 The Treasurer shall be responsible for all financial matters of the Federation. The Treasurer shall have charge of the funds of Fireball International and make such disbursements as the Executive shall direct, keep accurate financial records, and present an annual financial statement to Council, duly reviewed by an independent authority. The Treasurer shall not hold office in a NCA.

11.8 The Executive shall be responsible for World Championships and all international events for the Class.

11.9 The Executive shall be entitled to act in emergency without reference to World Sailing by issuing amendments and interpretations to the Class Rules provided that such amendments and interpretations shall be promptly notified to Council, World Sailing, NCAs and Licensed Builders.

12 Dissolution

Dissolution of Fireball International shall take place upon resolution of Council approved by sixty percent (60%) of total eligible votes. In the event of dissolution, the net assets of Fireball International shall be dispersed as directed by Council.