PGA Bermuda Constitution

ARTICLE ONE – NAME, DEFINITIONS AND OBJECTS

Section 1 – Name

The name of the Association shall be the “Bermuda Professional Golfers Association (BPGA)”.

Section 2 – Definitions

“Assistant Professional” shall mean an individual who has qualified for Class “B” membership in accordance with the provisions of Section 9 herein;

“BPGA approved” shall mean that the functions of the establishments are, in the opinion of the Executive Committee of the BPGA, generally in the interests of the Association;

“Member” shall mean an individual who has qualified for Class “A” membership in accordance with the provisions of Section 8 herein;

“Professional” shall mean an individual who has qualified for Class “A” membership in accordance with the provisions of Section 8 herein;

“Registered Assistant” shall mean an individual who is registered with the Association pursuant to the provisions of Section 16 herein, but who has not yet satisfied the conditions for membership in the Association pursuant to the provisions of Section 9 herein;

“Registered Professional” shall mean an individual who is registered with the Association pursuant to the provisions of section 16 herein, but has not yet satisfied the conditions for membership in the Association pursuant to the provisions of Section 8 herein;

“Bona Fide” shall mean a facility that meets the approval of the BPGA.

Section 3 – Objects

The objects of the Association shall be to promote interest in the game of golf; to protect and advance the mutual and trade interests of its members; to encourage and support the professional development of members by arranging meetings, educational seminars and tournaments periodically for members; to assist qualified members to obtain employment; and to effect any other objects of a like nature as may be determined from time to time by the Association.

ARTICLE TWO – CODE OF ETHICS

Section 4 – Code of Ethics

In order that its objects shall be fulfilled, the Association places upon its members a rigid code of ethics, and the words “Bermuda Professional Golfers’ Association” must be and remain synonymous with service, honesty, fair dealings and courtesy.

Section 5 – Violations of Code of Ethics

A Member or Registered Professional or Registered Assistant shall be deemed to have violated the Association’s Code of Ethics by:

1. abusing the monthly privilege, extended to Members, Registered Professionals and Registered Assistants, of playing or practicing without paying on courses other than their own without first seeking permission from the club secretary (or his or her representative), the club manager and/or the resident Professional;
2. accepting the post of playing Professional, Assistant Professional, Registered Professional or Registered Assistant to a club, which arrangement has not been agreed by the club and the resident Professional;
3. applying for a position without definite knowledge of its vacancy, or without first obtaining the consent of the Professional on the job to inquire whether the position is or may be open, or by accepting any position or appointment in anything but an honorable and ethical manner;
4. being found guilty by the Executive Committee of the Association of conduct likely to injure the reputation of the Association, or any of its members, or being contrary to the policies or objects of the Association.

ARTICLE THREE – CLASSES OF MEMBERSHIP

Section 6 – Membership

Professional golfers resident in Bermuda who qualify in accordance with the conditions hereinafter specified may be accepted as Members of the Association, with the exception that Class “C” members need not be resident in Bermuda to qualify for membership.

Section 7 – Membership Classes

Membership in the Association shall consist of five classes:

1) Class “A”:  Golf Professionals and Directors of Golf regularly engaged as such at bona fide golf clubs or courses;

2) Class “B”:  Assistant Professionals employed at bona fide golf clubs or courses either by the resident Professional at such club or course, or by the club or course itself;

3) Class “C”:  Tournament Players’ Division;

4) Class “D”:  Professionals or Assistant Professionals employed at golf schools, driving ranges or golf centers classified by the Executive Committee as “BPGA approved”.

5) Class “E”:  Golf administrators employed in positions approved by the Executive Committee as “within the profession”.  Such administrators may transfer to Class E membership status, but only from Class A membership status.

Section 8 – Class “A” Membership

8.1    To be eligible for Class “A” membership, applicants must:

1. have served a period of not less than three (3) years in the profession, either in Bermuda or overseas.  He/she must be employed on a full-time basis at a bona fide golf facility at the time of his or her election. 
2.  either own and operate, or supervise and direct, the golf shop operation that services exclusively the members and visitors to his club; and
3. receive his full tuition and playing fees.

8.2    For the purposes of determining the three-year qualifying period, full-time employment as an Assistant Professional or Registered Assistant will be counted.

8.3    Members who have been elected to membership in the BPGA under Class “B” may accept a post as Professional, but may not be classified as Class “A” members of the Association until the qualifying period of three (3) years herein mentioned has been served.

Section 9 – Class “B” Membership

To be eligible for Class “B” membership, applicants must:

1.  have served a period of not less than two (2) years in the profession since their registration date in the Association; and
2. have been employed on a full-time basis by a Professional, or by a bona fide golf club or course itself, during this two-year period;
3. be employed by such Professional, or course or club, at the time of election; and
4.  successfully pass a test of playing ability to be determined by the Executive Committee.

Section 10 – Class “C” Membership

10.1 The Executive Committee may accept under this class:

1. players who meet the qualifying standard, set by the Executive Committee in communication with the Tournament Committee, at the Association’s Qualifying Tournament, which will be held at least twice annually; or
2. players who having not met the qualifying standard referred to in a) above, are in the opinion of the Executive Committee, nevertheless worthy of acceptance; or
3. players who are, in the judgment of the Executive Committee, players of proven international status.  Such players will not be required to meet the qualifying standard at the Association’s qualifying tournament.  Such players need not be residents of Bermuda.

10.2 Players accepted under this class will be permitted to take part in tournaments run under the auspices of the Association.

10.3 A sub-committee, to be appointed by the Executive Committee and which shall consist of three (3) Members of the Association – at least two (2) of whom must be Class “A” Members – shall review, semi-annually, the scoring records of members of this category in the regularly scheduled medal tournaments held by the Association.  Should the sub-committee determine, based on a review of such scoring records, that members should have to re-qualify for membership in the Association, they will be required to do so by meeting or bettering the qualifying score in the Association’s qualifying tournaments.

10.4 Players who do not meet the qualifying standard in the re-qualification process outlined in 10.3 will retain their Class “C” status if, in the opinion of the sub-committee, they nevertheless are worthy of acceptance.

10.5 Players in this class shall be required to participate in at least one-half of all regularly scheduled medal tournaments held by the Association.

10.6 New players in this class shall be required to attend a rules of golf seminar within 30 days of their qualification.

10.7 Professionals who are elected to membership under this class may not take up employment as a Professional or Assistant Professional at golf schools, driving ranges or golf centers, but may transfer to “Registered Assistant” or “Registered Professional” status upon gaining employment at a bona fide golf club or course.

Section 11 – Class “D” Membership

11.1 To be eligible for Class “D” membership, applicants must have:

1. accepted employment as a Professional at a BPGA approved golf school, driving range or golf centre provided that they have served for a period of three (3) years since their registration date; or
2. accepted employment as an Assistant Professional at a BPGA approved golf school, driving range or golf center provided that they have served for a period of two (2) years since their registration date

         provided that they are otherwise qualified for
membership in this class.

11.2 Registered Professionals and Registered Assistants are not permitted to take up such employment, and time spent employed at BPGA approved golf schools, driving ranges or golf centers will not count towards the qualifying period for Class “A” or “B” membership.

11.3 Any Member who is employed at a golf school, driving range or golf center that is not “BPGA approved” shall be suspended by the Association for the duration of their employment at such golf school, driving range or golf centre.

Section 12 – Class “E” Membership

Membership in this class is open to Class “A” members of the Association who become employed by the Association, or other associations or companies, in an administrative capacity approved by the Executive Committee as directly related to and involved in the promotion of golf.

Section 13 – Inactive Members

13.1 Any Class “A”, “B”, “D”, or “E” Member of the Association who, being an active Member, becomes unemployed shall have a one-year grace period from the date on which he or she becomes unemployed before he or she is transferred to inactive status.

13.2 After a further period of two years, any such Member as is described in Section 13.1 shall cease to be a member of the Association unless the Executive Committee approves the continuation of his or her membership.

13.3 During the period of inactivity, but before ceasing to be a Member of the Association, the Member shall be entitled to enjoy all the rights and privileges of his or her formerly active class of membership and the appropriate annual fee shall be payable.

10.4 Upon regaining employment in the profession, a former Member shall regain his or her former membership classification.

ARTICLE FOUR – ELECTION OF MEMBERS

Section 14 – Election of Members

14.1 Except as otherwise provided for in Article Six, Section 19 (which deals with Class “C” membership), a candidate for membership in the Association must be proposed by a professional Member of the Association, and seconded by another professional Member of the Association.  In each case, the person proposing and the person seconding must be individuals who:

1. are in good standing with the Association;
2.  are resident in Bermuda; and
3. know the candidate personally.

14.2 Such proposal must be made in writing to the Secretary of the Association, and duly signed by the proposer and the seconder.  Candidates so proposed may be required to appear before the Executive Committee, who shall have the sole responsibility for the election, deferment or rejection of candidates for membership.

Section 15 – Honorary Members

15.1 The Executive Committee has the power to elect Honorary Members of the Association who have been voted on by the Membership at AGM’s.

15.2 Notice of motion to propose a person before the Executive Committee for Honorary Membership must be placed before the Executive Committee at the meeting previous to that at which the election is to take place.

15.3 An Honorary Member shall be elected at a General or Special General Meeting by two third’s majority of the Membership.  Any Professional golfer who is elected an Honorary Member shall retain all the rights and privileges of the BPGA he/she enjoyed as a Member.

15.4 A Non-BPGA Member or Amateur golfer shall not have their Amateur status jeopardized and will not be eligible to enter any Golf Tournaments as a Professional.

ARTICLE FIVE – REGISTRATION

Section 16 – Registration

16.1 With the exception of applicants for Class “C” (Tournament Players Division) membership, potential members who are qualified as hereinafter mentioned must register their names with the Secretary of the Association.

16.2 The Executive Committee of the Association shall determine the registration date for each Member, from which date the qualification periods for various membership categories will be calculated.

16.3 To qualify for registration in the Association, a candidate must be employed on a full-time basis as an Assistant to a Professional at a bona fide golf club or course, or must be a Professional at a bona fide golf club or course.

16.4 The Executive Committee has the sole discretion to determine what is considered “full-time” as that term is used herein.

16.5 Applications for registration shall be considered by the Executive Committee who shall decide whether or not candidates are suitable as potential Members and likely to be suitable for election to membership in the Association when the stipulated qualifying periods have been served.

16.6 Potential Members registered in this way shall be termed “Registered Professionals” or “Registered Assistants” for as long as they remain so registered.

16.7 A “Registered Professional”, or “Registered Assistant” shall, except as hereinafter mentioned, remain registered until such time as he or she becomes eligible for election to membership in the Association under Class “A” or “B”, when his or her application may be made.

16.8 Anyone so registered who does not apply for membership within three months of becoming eligible to do so, or who ceases to be employed as in Section 16.3 for a period of three months, shall cease to be registered.

16.9 Provided that they are otherwise eligible, those who have lost their registered status under Section 16.8 may apply in writing to the Executive Committee for re-registration.

ARTICLE SIX – PRIVILEGES OF MEMBERS AND THOSE REGISTERED WITH THE ASSOCIATION

Section 17 – Class “A” Membership Privileges

17.1 Except as hereinafter mentioned, Class “A” Members shall be entitled to the full benefits of membership in the Association.

17.2 Class “A” Members, however, are not entitled to propose or second an application for Membership in the Association until they have been Members for a period of not less than two (2) years.

17.3 All Class “A” Members are permitted to proposed candidates for registration in the Association.

Section 18 – Class “B” Membership Privileges

18.1 Class “B” Members are entitled to the full benefits of membership in the Association.

18.2 Class “B” Members are permitted to accept positions as Professionals at bona fide clubs, courses or BPGA approved establishments even though they may not have served for three (3) years after their registration date.

18.3 Any Class “B” Member who attains Class “A” status may again be employed as an Assistant Professional, but cannot be reclassified under Class “B” and will retain his or her Class “A” status.

Section 19 – Class “C” Membership Privileges

Class “C” Members may:

1.  play in Tournaments held under the auspices of the Association;
2. vote at meetings of the Association;
3. make nominations for the Executive Committee;
4. serve on sub-committees of the Executive Committee, however they may not Chair same; and
5. serve on the Executive Committee and propose and second candidates for election to membership in Class “C”, provided that in all such cases under subsection e) herein the proposer and seconder have been Class “C” Members for not less than two (2) years.

Section 20 – Class “D” Membership Privileges

Class “D” Members employed at “BPGA approved” establishments are entitled to those benefits accorded to Class “A” Members and Class “B” Members, as the case may be, as outlined in Sections 17 and 18 herein.

Section 21 – Class “E” Membership Privileges

Class “E” Members are entitled to those benefits accorded to Class “A” Members as outlined in Section 17 herein.

Section 22 – Membership Privileges of Registered Professionals and Registered Assistants

22.1 Registered Professionals and Registered Assistants are entitled to:

1. play in Tournaments held under the auspices of the Association;
2. serve on sub-committees of the Executive Committee, however they may not Chair same;

c0     make nominations for the Executive, or any other, Committee; and

1. vote at general meetings or special general meetings of the Association

22.2 Registered Professionals and Registered Assistants are not entitled to:

1. stand for election to the Executive Committee; or
2. propose or second applications for membership or registration.

Section 23 – Classification Questionnaire

Members, Registered Professionals and Registered Assistants shall complete a Membership Classification Questionnaire on an annual basis.  Such questionnaire must be signed by the Member, Registered Professional or Registered Assistant, as the case may be, and his or her employer, and returned to the Secretary on or before December 1st.

ARTICLE SEVEN – SUBSCRIPTIONS

Section 24 – Annual Subscription Fees

For the subscription year commencing January 2002 and thereafter, until such time as this Article is amended by a General Meeting of the Association, the annual subscription for Members, Registered Professionals and Registered Assistants shall be determined and ratified by the general Members and are subject to consideration by the Executive Committee.

Section 25 – Reduction in Fees

Members elected on or after 1 July in any year shall pay half the subscription fee appropriate to their class of membership.

Section 26 – Fees Deadline

26.1 Subscription fees fall due on 1st January of each year.

26.2 Notice of this deadline shall be sent to all Members and to those registered with the Association during the month of November of the previous year.

26.3 Anyone who has not paid their dues by the deadline of 1 January shall not be eligible to vote at the Annual General Meeting, and shall not be eligible to participate in BPGA Tournaments.

26.4 Anyone who does not pay their dues within four calendar months of those dues becoming due shall be struck off the Association Register, and shall be notified in writing by the Secretary that they have been so struck off.

26.5 Such individual who has been struck under Section 26.4, may apply for re-election or re-registration and may be re-elected or re-registered at the discretion of the Executive Committee, provided that such fees as are due have been paid.

26.6 Before such re-election or re-registration, the individual shall pay a late fee of $25.00 for each month, or part thereof, that the fees are late.

ARTICLE EIGHT – DISCIPLINE

Section 27 – Power to Discipline

27.1 A Member or Registered Professional or Registered Assistant shall be considered to have submitted to the Constitution, Rules and Bye-Laws of the Association upon payment of the subscription fee which falls due upon his or her election to the Association.

27.2 The Executive Committee shall have the power to discipline those individuals who have willfully committed a breach of such Constitution, Rules or Bye-Laws, or have conducted themselves in a manner likely, in the opinion of the Executive Committee, to injure or discredit the Association.

27.3 Where a complaint against an individual has been made, and before disciplinary action is taken against such individual, the Secretary shall notify the Member or Registered Professional or Registered Assistant in writing of such complaint.

27.4 The Secretary shall notify the Member or Registered Professional or Registered Assistant in writing of such complaint.

27.5 Once notice has been given, and an answer either in writing or orally has been made, the Executive Committee shall have the power on a majority vote to suspend or expel such individual.

27.6 An individual suspended or expelled by the Executive Committee shall have the right of appeal to the General Membership at a Special Meeting of the Association.

27.7 Members convicted by a court of law of a crime, which in the opinion of the Executive Committee, injures or discredits the Association, may be expelled without being afforded the opportunity to answer the charge against them.

27.8 A Member expelled under Section 27.7 shall be eligible to re-apply for membership after a three-year period.

ARTICLE NINE – RESIGNATIONS

Section 28 – Procedure for Resigning

Any Member who wishes to withdraw from the Association shall give notice to the Secretary in writing before the 1st January of his or her intention to do so, and shall be liable for the subscription due for the current year if he or she does not do so in accordance with this deadline.

ARTICLE TEN – EXECUTIVE COMMITTEE

Section 29 – Executive Committee

29.1 The management of the Association’s affairs shall be the sole responsibility of the Executive Committee, who shall have the sole right to interpret the Constitution, Rules and Bye-Laws and to give direction to the membership in cases not provided therein.

29.2 All orders or regulations made by the Executive Committee shall be binding on the Association and any individuals affected under such order or regulation unless set aside by a majority vote at a Special General Meeting of the Association.

29.3 Any two Members of the Executive Committee shall have the power to call a meeting of the Executive Committee, provided that 48 hours’ notice is given of such a meeting by notice in the daily newspaper.

29.4 At any meeting of the Executive Committee, four Members shall constitute a quorum.

29.5 Matters before the Executive Committee shall be decided by a majority vote.

Section 30 – Election of Executive Committee

30.1 The Executive Committee shall be elected at the Annual General Meeting of the Association and shall consist of 4 Class “A” or Class “E” Members and 3 other Members elected from either Class “B”, “C” or “D”.

30.2 Anyone considered for election to the Executive Committee must be resident in Bermuda, and must also be present at the Annual General Meeting at which they are proposed for election, unless he or she has advised the Secretary in writing prior to the Annual General Meeting that he or she will be absent.

30.3 Anyone elected to the Executive Committee shall be entitled to serve on the Executive Committee for a period of one year following the Annual General Meeting, provided that they remain Members of the Association during that period.

30.4 Any retiring Executive Committee member who wishes to offer himself or herself for re-election, need not be nominated.

30.5 Should a position on the Executive Committee for any reason fall vacant during the period between Annual General Meetings, then such position may be filled by the next person in order of voting at the previous ballot.

30.6 Where such position is not filled in accordance with Subsection 30.5, then the Executive Committee may invite a Member in good standing to fill the vacant position on the Executive Committee.

Section 31 – Membership in Sub-Committees

31.1 Those elected to serve on the Executive Committee may also serve on sub-committees, which shall be, without limitation, the Constitutional Committee, Public Relations and Promotions Committee, the Education Committee and the Tournament Committee.

31.2 Each sub-committee shall have a minimum of three members.

31.3 At least one member of the Tournament Committee shall be a Class “C” representative.

31.4 The Executive Committee shall have the power to invite Members who do not sit on the Executive Committee to serve on sub-committees, but Members so invited shall not thereby become members of the Executive Committee.

31.5 The President, Vice-President, Treasurer and Secretary of the Association shall be virtue of their office be members of the Executive Committee.

31.6 A sub-committee shall be entrusted with the management of the business referred to it, but no action shall be taken by it until a sub-committee’s recommendations have been approved by the Executive Committee, except in circumstances where immediate action makes delay for references to the Executive Committee impractical.

31.7 At any sub-committee meeting, two-thirds of the total number of members serving on the said sub-committee shall constitute a quorum.

ARTICLE ELEVEN – OFFICERS

Section 32 – Election of Officers

32.1 The Officers of the Association shall be the President, Vice President, Treasurer and Secretary.

32.2 The President shall be elected or re-elected at the Annual General Meeting of the Association, when he shall be elected on a majority of all votes cast.

32.3 The President shall hold office for a period of two years, and shall be eligible for re-election.

32.4 The Vice President for the year shall be elected by the Executive Committee for the 2 years, and may be re-elected for 2 years or subsequent years by the Executive Committee concerned.

33.5 The Vice President may be any Member of the Association who, in the opinion of the Executive Committee, is worthy of the honour.

33.6 On appointment, the Vice President shall become an ex-officio Member of the Executive Committee.

33.7 Should the Vice President already be a Member of the Executive Committee, his or her appointment shall create a vacancy on the Executive Committee which shall be filled in accordance with the provisions of Section 30.6 herein.

33.8 The Treasurer and Secretary shall be elected for two years, and shall be eligible for re-election.

33.9 Those individuals who are neither Members of the Association, or registered with the Association, may be elected as Officers of the Association, provided their name or names are received by the Association in writing 14 days or more prior to the holding of the Annual General Meeting.

Section 33 – Duties of Officers

33.1 The President shall:

1.  preside at all meetings;
2. convene regular meetings of the Executive Committee, and special meetings of the Executive Committee as he or she may deem necessary;
3. act as an ex-officio member to all sub-committees;
4. call for sub-committee reports;
5. ensure that annual general elections are held in accordance with the Constitution of the Association;
6. appoint all chairmen of sub-committees with the approval of the Executive Committee;
7. have the power, in tandem with the Executive Committee, to appoint members to each sub-committee;
8. have the power to sign cheques issued in the name of the Association.

33.2 The Vice President shall:

1.  assume the duties of the President during the absence of the President;
2. have the power to sign cheques issued in the name of the Association.

33.3 The Treasurer shall:

1. keep a true record of all disbursements transacted by the Association;
2. prepare and submit a yearly report to the general body, or any report that the President may deem expedient in the interests of the Association;
3. keep a correct account of all monies received and paid by him or her in a proper book, and shall present this book, and all vouchers, on request of the President or Members of the Executive Committee at any time that they deem it necessary;
4. disburse the funds of the Association on orders from the President, counter-signed by the Vice President;
5. sign all cheques issued in the name of the Association, counter-signed by either the President or Vice President.

33.4 The Secretary shall:

1. keep proper minutes of all meetings of the Executive Committee as well as general meetings;
2.  serve all notices;
3. be responsible for all correspondence on behalf of the Association;
4. present at the Annual General Meeting a full Annual Report on all matters during the past year.

ARTICLE TWELVE – GENERAL MEETINGS

Section 34 – Conduct of Annual General Meeting

34.1 An Annual General Meeting shall be held in January of each year to receive all statements of the Association’s account for the past year and to transact all general business in the name of the Association.

34.2 The Annual General Meeting shall include, but need not be limited to, the following business:

1. Approval of the Minutes of the previous Annual General Meeting;
2. Tournament Report;
3. Treasurer’s Report;
4. Secretary’s Report;
5. Election of President, Secretary, Treasurer, Auditor;
6.  Constitutional Changes;
7. Appointment of President as Election Officer;
8.  Election of Executive Committee;
9. Any other business.

34.3 At any general meeting, one – third of the number of those eligible to vote at such meeting shall constitute a quorum.

34.4 Amendments to the Constitution must be presented in writing, and must be read to a general meeting.  Amendments may only be made to the Constitution with the approval of two-thirds of those present at such meeting and eligible to vote.

Section 35 – Special General Meetings

35.1 Special General Meetings may be held at any time during the year, provided that seven days notice is given to the membership that such a meeting is to be held.

35.2 Notice shall be sufficient for the purposes of this section if it is advertised in the daily newspaper no less than seven days prior to the said meeting.

35.3 At such a meeting, one-half of the number of those eligible to vote at such meeting shall constitute a quorum.

35.4 If within 30 minutes from the appointed starting time of the meeting a quorum is not present, the meeting shall stand adjourned until the next agreed time, provided that if at such adjourned meeting a quorum is not present, those members who are present shall constitute a quorum and may transact the business for which the meeting was called.

35.5 A petition served on the President by no less than seven members of the Association requesting a Special General Meeting, and stating the reason why it should be held, shall be called within 14 days of such written notice to the President.

35.6 No other business may be transacted at such meeting as is referred to in Section 34.5 other than that specified therein.

ARTICLE THIRTEEN – EDUCATIONAL REQUIREMENTS

36.1 All Members, except Tournament Players, Registered Professionals and Registered Assistants in the Association must accumulate at least five (5) Education Points annually.

36.2 Education Points may be acquired in the following manner:

1.  Attendance at an educational seminar presented by the BPGA, or approved by the BPGA Executive Committee – 1.5 points.
2. Attendance at Annual General Meeting – 1 point.
3. Attendance at any other General Meeting of the Association – 1 point.
4.  Attendance at any Executive Committee meeting as member or observer – .5 point.
5. Presentation of an educational seminar, such presentations to be limited to Class “A” members – 1.5 points.

         All Members, Registered Professionals and Registered Assistants must acquire a minimum of three (3) points annually by either attending or presenting educational seminars.

ARTICLE 14 – SENIOR DIVISION OF BPGA

37.1 There shall be a Senior Division of the BPGA comprised of players 50 and over who shall compete for a separate purse in regular medal play tournaments held by the Association.

37.2 There shall be a separate BPGA Seniors Championship held annually.

37.3 For the avoidance of doubt, there shall not be a separate Senior Division in the regular BPGA Championship, but senior players shall be allowed to compete in such tournament.