By-laws

BY-LAWS OF SHIELDS FLEET 9

NOTE: Follows the By-Laws adopted November 14, 2007.

1. Name

2. Mission

3. Membership

4. Board of Directors

5. Officers

6. Appointed Positions

7. Meetings

8. Amendments

9. Miscellaneous

MISSION AND STANDARD PROCEDURES

I Mission

II Appointed Positions

III Awards

IV Basic Rules & Definitions

V Racing Schedule

VI Annual Dues

VII Payment/Disbursements

VIII Race Announcements

IX Social Event Financial Responsibilities

BY-LAWS OF SHIELDS FLEET 9

1. Name

1.1 This organization shall be known as the Narragansett Bay Shields Fleet No. 9 (the “Fleet”).

1.2 The Fleet shall be governed by the Constitution and By-Laws of the Shields Class Sailing Association (“National Class”) and such further rules as may be adopted and / or amended by the Fleet.

2. Mission

The mission and purpose of the Fleet is to promote and organize Corinthian racing of Shields Class yachts in Narragansett Bay while supporting the National Class’ objectives of maintaining the one-design character of the yachts as sponsored by Cornelius Shields and designed by Sparkman & Stephens, Inc.

3. Membership

Categories of Membership and Voting

3.1 A “Fleet Member” is a person who is the owner, co-owner or charterer of a “Registered Yacht” (which is a Shields Class Yacht registered with the National Class and with the Fleet for the coming year in accordance with the By-Laws of those organizations) and who has paid the current Fleet and National Class dues and assessments as prescribed by the National Class and the Fleet, respectively, for active membership. Each Fleet Member shall register his or her yacht annually and shall pay a fee per yacht in an amount and at such time as shall be determined by the Board from time to time.

3.2 An “Associate Member” is a person who is interested in furthering the objects of the Fleet and who has paid the current dues and assessments for associate membership as prescribed by the Board. Such dues shall be payable on or before April 1st of each year.

3.3 A “Junior Member” is a person who shall not have reached his or her 18th birthday, and who otherwise fulfills the requirements of associate membership.

3.4 An “Honorary Member” is a person upon whom the Fleet Members have bestowed honorary membership. Honorary Members shall not pay dues or vote.

3.5 Each Registered Yacht in the Fleet shall be entitled to only one vote in all matters put to a vote under these by-laws.

3.6 Designated “Institutional Associate Members of the Fleet” shall have the same rights, privileges and responsibilities of other members, and shall be considered to be Fleet Members for the purposes of these By-laws.

3.7 Institutions owning yachts shall be entitled to the number of votes equivalent to the number of Registered Yachts owned by that institution. Votes shall be cast in a manner which reflects the wishes of the authorized charterers of these Registered Yachts who shall be Institutional Associate Members of the Fleet. Prior to April 1st in each sailing season, the institutional fleet captain shall notify the Secretary of the names of the authorized charterers and Registered Yachts for the forthcoming season The number of authorized charterers and substitutions thereto shall not exceed the number of institutional yachts registered with the Fleet.

3.8 Any Fleet Member may be suspended or expelled for cause, after a hearing, including any conduct which, in the judgment of the Board, is improper, prejudicial, or detrimental to the Fleet, at any regular or special meeting of the Board by at least a two-thirds majority vote of the Board Members present and acting.

3.9 No yacht will be considered “Registered” or scored until Fleet and National Class dues and assessments are paid. The Board may, on a case by case basis in its sole discretion, allow a yacht to register after the deadline upon good cause shown and payment of a late registration fee to be determined by the Board from time to time.

4. Board of Directors

4.1 The Board of Directors shall have entire management and control of the Fleet subject to action of the Fleet Members. The Board of Directors shall consist of four Officers, namely the Fleet Captain, the Executive Officer, the Secretary and the Treasurer, and one at large Director. The term of office for all Board Members shall be one (1) year, or until their successors are elected.

4.2 Each Officer and at large director shall be elected at the annual meeting of the Fleet. Officers and Board members shall be eligible for election to successive terms.

4.3 An Officer or Board member who resigns or otherwise leaves the Fleet will be replaced by appointment of a Fleet Member to the vacant office by the remaining members of the Board, and such person shall serve until the next annual meeting.

4.4 The Board shall cause a general report of the affairs of the Fleet to be presented to the Fleet Members at the annual meeting. The Board shall report at such other times as they shall deem necessary.

4.5 The Board shall meet at least three (3) times a year as determined by the Fleet Captain. The Fleet Captain shall provide reasonable advance notice of any such meeting. A member of the Board will have a single vote and all decisions of the Board shall be made by simple majority of those present and acting at any duly called and held meeting.

5. Officers

5.1 The commanding officer of the Fleet shall be the Fleet Captain. The Fleet Captain shall be the chair of the Board and shall manage the affairs of the Fleet, preside at meetings, appoint committees, maintain records, authorize payments of indebtedness of amounts less than $1,000, and perform the duties of the chief executive officer of the Fleet.

5.2 Executive Officer shall assume the Fleet Captain’s functions and duties in the event of the absence, incapacity or death of the Fleet Captain, and shall have the responsibility for development and promotion of the Fleet, including assistance to prospective new members with regard to moorings, boats for sale and other fleet infrastructure issues.

5.3 The Secretary shall give notice of all membership meetings and shall serve as liaison with the National Class as required by Article V of the Shields Class Sailing Association Constitution. The Secretary shall be expected to attend each meeting and see to the proper recording of the proceedings thereof, and conduct the correspondence of the Fleet, and keep a full records of same. The Secretary shall prepare and make available to the Fleet the registration application by March 1st of each year, and shall receive all monies, dues and fees, and deposit same in the Fleet’s account. The Secretary shall maintain the list of Fleet Members, and of other categories of Members contemplated hereby, and of Registered Yachts. The Secretary shall make an annual report to the Fleet at the annual meeting.

5.4 The Treasurer shall receive, deposit, and pay out funds of the Fleet as authorized, maintain financial records and books of account, and provide administrative assistance to the Fleet Captain.

5.4.1 Payment / Disbursements

The procedure for disbursements from the Fleet’s account is as follows:

1. Request for disbursements are made to Fleet Captain, in writing (or e-mail), accompanied by relevant receipts / purchase orders, etc.

2. Upon approval of the request (if under $1,000) the Fleet Captain forwards the details to the Treasurer who issues a check or provides direct payment to supplier (or via Fleet 9 Credit Card).

3. For amounts greater than $1,000, the Fleet Captain shall first obtain approval from the Board prior to authorization.

4. Checks will then be mailed directly to the recipient or shall be available to be picked up from the Fleet Captain during normal business hours.

5. The Treasurer is not authorized to approve or disburse payments for expenses in the preceding calendar year without prior approval from the Fleet Captain and/or the Board.

6. Treasurer shall provide a written annual financial report to the Fleet Captain and Board no later than February 1st of each year.

5.5 Fleet Members may hold more than one, but not more than three, Officer, Director or Appointed Positions, but no person may hold more than one Officer or Director positions.

6. Appointed Positions

The Board shall appoint Fleet Members or Associate Members to the following positions and may appoint other persons to perform such additional functions as it deems necessary from time to time.

6.1 Fleet Scorekeeper: The Fleet Scorekeeper shall track, post, and maintain racing scores for the Fleet in accordance with the current Fleet 9 Sailing Instructions.

6.2 Fleet Measurer; Fleet Sail Measurer: The Fleet Measurer and Fleet Sail Measurer shall respond to inquiries to measurement rules, and shall inspect sails, boats and equipment as required, and maintain records of such measurements.

6.3 Yacht Club Liaisons: There shall be a yacht club liaison for each club represented by more than three Registered Yachts (which clubs at present are New York, Ida Lewis, Conanicut and Coasters Harbor Navy Yacht Clubs), who shall be a Fleet Member and member of the individual yacht club to act as a liaison and representative for the Fleet in matters pertaining to such club.

6.4 Protest / Arbitration Committee: At the discretion of the Board, there may be an arbitration committee appointed to deal specifically with protests arising from racing. This committee will be responsible for carrying out procedures outlined in the Sailing Instructions and RRS.

6.5 Nominating Committee: There shall be a Nominating Committee consisting of at least three (3) but not more than five (5) active members of the Fleet. The Nominating Committee shall be appointed by the Board annually, but shall not include any then-serving Board Members. The Nominating Committee shall, at least 30 days prior to the annual meeting, report the names of Fleet Members to be nominated for election to the Officer and Board positions at the forthcoming annual meeting.

6.6 Social Committee. There shall be an Social Committee appointed by the Board to organize social events for the Fleet as directed by the Board. These events are generally scheduled as follows:

a) Season Kick-Off Party (early April)

b) Series Ending Parties (after the last race of the Spring, Summer and Fall series.

c) Annual Meeting and Awards Banquet (within 4 weeks of end of racing season).

d) Weekend Racing Parties (typically held at ILYC after racing) back to top

7. Meetings

7.1 There shall be an annual meeting of Fleet Members for the election of Officers and members of the Board of Directors and other proper business of the Fleet. The annual meeting shall be held reasonably promptly as soon as possible after the completion of the sailing season.

7.2 Special meetings of the Fleet may be called by order of the Fleet Captain, or any two (2) members of the Board, or (5) five Fleet Members. No meeting of the Fleet shall be valid unless at least one-third (1/3) of the Fleet Members or their signed proxies are present. Fleet Members will be given reasonable advance notice of all meetings called.

8. Amendments

The Fleet By-Laws may be amended at any meeting of the members in the notice of which such proposed amendment is set forth. Any amendment must be approved by vote of at least two-thirds (2/3) of the Fleet Members present in person or by proxy.

9. Miscellaneous

9.1 Awards:

At the annual Fleet 9 Awards Banquet, the following prizes are to be distributed:

1) 1st, 2nd & 3rd place for each of the three Wed Night Series.

2) Overall Wednesday Night Champion.

3) Cassady Prize (Early Weekend Series)

4) Toland Prize (Mid-Summer Weekend Series)

5) Kendall Prize (Late-Summer Weekend Series)

6) Manice Trophy — Fleet Champion derived from scores of all series

7) Top Navy Award — Given to top Navy boat in Weds. Night Series

8) Aloha Award — Given to top boat in Aloha series’

9) Timothy Dwyer Award for Most Improved

10) Mid-Fleet — As determined by overall season standings

11) Concourse Yacht — As determined by Fleet Officers

Other awards may also be given at the discretion of the Fleet officers

9.2 Basic Rules and Definitions

All sections (1.0 – 7.4) of the current National Class By-Laws and rules are adopted and will be followed for all Fleet 9 procedures.

The RRS as well as any specific Notice of Race or Sailing Instructions governs all racing rules for each Series or Regatta.

9.3 Racing Schedule

The racing schedule will be completed annually by the Fleet Captain and submitted to the Board prior to February 1st for approval.

Unless changed via actions of the Board, the following represents the basic outline of the annual racing schedule:

1) Wednesday Nights:

Racing, as sponsored by the Ida Lewis Yacht Club, will be scheduled beginning on or about the second Wednesday night of May through the first Wednesday of October (except of occasions of conflict with the National Championships).

2) Aloha Series:

Three races are scheduled for each of three Saturdays to be scheduled approximately mid-June, mid-July, and mid-September. These dates are scheduled so as not to conflict with the National Championships. These races are to be sailed as non-spinnaker races and are sponsored by the Ida Lewis Yacht Club.

3) Sunday Racing:

As determined by the Fleet Captain, Sunday racing may commence, sponsored by Ida Lewis Yacht Club. These races are to be sailed as non-spinnaker and are traditionally scheduled on the third Sunday of June.

4) Narragansett Bay Races:

Races sponsored by other organizations on Narragansett Bay may also be included in the official schedule and have traditionally included:

1) Sail Newport Memorial Day Regatta
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2) Newport Regatta / Sail Newport (Mid- July)

3) George Winslow Regatta / Coasters Harbor NYC (Mid-August)

4) Classic Yacht Regatta / Museum of Yachting (Labor Day Sat.)

5) Around Island Race / Conanicut YC (Labor Day Sun.)

6) Team Racing / NYYC (end of June & end of Sept.) back to top

9.4 Race Announcements

9.4.1 On Wednesday afternoons, one (1) hour prior to the warning signal, an announcement will be made on VHF Channel 72 as to the status of racing. This announcement may also include postponement or stand-by instructions. Failure to do so is not grounds for redress and this announcement does not take precedence over standard RRS procedure as prescribed in the Sailing Instructions or Notice or Race.

9.4.2 Cancellation Procedures The decision to cancel races as per inclement weather is to be made by the acting Race Committee chairman. As a general guideline (which may be adjusted at the RC’s discretion), racing will be cancelled in the event of lightning or sustained winds exceeding 25 knots. Races may also be cancelled or postponed by majority vote of the Fleet Captain and Board for reasons other than, and including, inclement weather.

9.5 Social Events

All social engagements sponsored / paid for by the Fleet account must be open to all Fleet 9 members and with notifications sent out to the Fleet at least one-week prior to the event. These engagements are generally scheduled as follows:

1) Season Kick-Off Party (the first week in April)

2) Season ending Parties (After last race of each Weds. night series)

3) Annual Meeting and Awards Banquet (Approx. 2-3 weeks following season)

4) Weekend Racing Parties (Typically held at ILYC following races)

5) Annual Christmas Party

Other social events meeting the above criteria and paid for by the Fleet must be approved by the Fleet Captain (if under $1,000) or by the Board.

9.6 Haul-Out Rule

During the life of an official racing season (mid May to mid October) a yacht may not be hauled out of the water or beached more than once every 28 days. The first haul-out during the racing season may be taken at the owner’s option. Thereafter, 28 days in the water must elapse between haul-outs. There shall be no limit to the total number of haul-outs during the official racing season. In the event of an accident requiring the haul-out of a yacht other than as scheduled above, full facts, in writing, must be submitted and approved by the Fleet Captain. If such an emergency haul-out is approved, it will be excluded from the 28-day haul-out rule, and the elapsed days requirement shall commence upon launching.

9.7 Sails

The purchase of sails and equipment shall be governed by the National Class Specifications, any amendments thereto, and as follows:

9.7.1 One sail may be purchased for each year of boat use, unless modified by the National Class Rules.

9.7.2 Minimum weight of spinnaker cloth shall be .75-ounce sail maker’s yard weight. So-called floater cloth will not be accepted as ounce spinnaker material.

9.7.3 An owner shall not be forced to replace a previously legal sail because of a rule change. It is the responsibility of each owner to have measured and certified by the Fleet Measurer prior to the first race of each season, all qualifying sails and equipment he will use in racing. The measurements of sails and equipment will be governed by the National Class specifications, except as specifically modified herein or by an amendment to these By-Laws.

9.7.4 A yachts inventory of sails may be used as long as they have been measured by the Fleet Measurer in accordance with this rule.

9.7.5 Only three (3) sails are allowed to be used in one days racing or during any regatta up to five (5) consecutive racing days. In the case of two racing series occurring within a five (5) day period, different sails may be used, providing that only three (3) sails are carried in the yacht at one given time for any one days racing and further provided that the same three (3) sails are used for any series up to five (5) days in length. In addition to the three (3) allowed sails, a yacht may carry a spare spinnaker.

9.7.6 A damaged sail may be repaired by replacement up to 1/3 of its area in any one year as approved by the Fleet Captain. Such a replacement will be duly recorded by the Fleet Measurer by the boat owner (1/3 re-cut rule).

MISSION AND STANDARD PROCEDURES

I. Mission:

To promote and organize Corinthian racing of Shields Class yachts in Narragansett Bay while supporting the National Shields Class Association’s objectives of maintaining the one-design character of the yachts as sponsored by Cornelius Shields and designed by Sparkman & Stephens, Inc.

II. Appointed Positions

A. Responsibilites:

1. Fleet Captain: Shall preside at meetings, serve as Chair of the Decision Committee, appoint officers, maintain records, rule on procedure, provide communications to Fleet, and authorize payment of indebtedness in amounts of less than $1000 per occurrence. Fleet Captain may also hold a Fleet 9 Credit Card for immediate payment of indebtedness.

2. Treasurer: The Treasurer shall receive all dues and other monies paid to the Fleet, deposit the Fleets’ funds in banks or other financial institutions, maintain financial records, disburse funds as authorized by the Fleet Captain or Board, and preserve the assets of the Fleet.

3. Fleet Measurer: The Fleet Measurer shall determine the measurement procedures for the members’ yachts and maintain records of such measurements on file.

4. Fleet Sail Measurer: The Fleet Sail Measurer shall determine the measurement procedures for the members’ sails and maintain records of such measurements on file.

5. Fleet Scorekeeper: The Fleet Scorekeeper shall track, post, and maintain racing scores for the Fleet in accordance with the current Fleet 9 Sailing Instructions.

6. Yacht Club Liaisons: For each of the three most relevant Newport area yacht clubs (New York, Ida Lewis, & Coasters Harbor Navy) there shall be one current active member of Fleet 9 and the individual yacht club that acts as a representative for the Fleet in matters pertaining to each club.

7. Protest / Arbitration Committee: At the discretion of the Fleet Captain, there may be an arbitration committee appointed to deal specifically with protests arising from racing. This committee will be responsible for carrying out procedures outlined in the Sailing Instructions and RRS.

B. Eligibility:

An appointed officer shall be a current Active Member or Fleet 9 Associate Member and have held that membership for a minimum of two consecutive years.

Members may hold more than one, but no more than three, positions as officers. However, the Fleet Captain may not hold the position as Fleet Treasurer concurrently.

C. Terms:

Officers’ terms shall begin December 1st and last for two years.

The Fleet Captain may complete consecutive terms, but must be put to a vote to the Board, bi-annually, prior to October 1st of the second year.

Other appointed officers may complete consecutive terms, but must be re-appointed by the Fleet Captain bi-annually.

III. Awards:

At the annual Fleet 9 Awards Banquet, the following prizes are to be distributed:

1. 1st, 2nd & 3rd place for each of the three Wed Night Series.

2. Overall Wednesday Night Champion.

3. Cassady Prize (Early Weekend Series)

4. Toland Prize (Mid-Summer Weekend Series)

5. Kendall Prize (Late-Summer Weekend Series)

6. Manice Trophy — Fleet Champion derived from scores of all series

7. Top Navy Award — Given to top Navy boat in Weds. Night Series

8. Aloha Award — Given to top boat in Aloha series’

9. Timothy Dwyer Award for Most Improved

10. Mid-Fleet — As determined by overall season standings

11. Concourse Yacht — As determined by Fleet Officers

Other awards may also be given at the discretion of the Fleet Officers.

IV. Basic Rules and Definitions:

All sections (1.0 – 7.4) of the current National Shields Class Association By-Laws and rules are adopted and will be followed for all Fleet 9 procedures.

The RRS as well as any specific Notice of Race or Sailing Instructions governs all racing rules for each Series or Regatta.

V. Racing Schedule:

The racing schedule will be completed annually by the Fleet Captain and submitted to the Board prior to February 1st for approval.

Unless changed via actions of the Board, the following represents the basic outline of the annual racing schedule:

1. Wednesday Nights:

2. Aloha Series:

3. Sunday Racing:

4. Narragansett Bay Races:

Races sponsored by other organizations on Narragansett Bay may also be included in the official schedule and have traditionally included:

1. Sail Newport Memorial Day Regatta

2. Newport Regatta / Sail Newport (Mid- July)

3. George Winslow Regatta / Coasters Harbor NYC (Mid-August)

4. Classic Yacht Regatta / Museum of Yachting (Labor Day Sat.)

5. Around Island Race / Conanicut YC (Labor Day Sun.)

6. Team Racing / NYYC (end of June & end of Sept.)back to top

VI. Annual Dues:

Application for annual dues should be presented to the membership no later than March 1st.

VII. Payment / Disbursements:

The procedure for disbursements by the Fleet account is as follows:

1. Request for disbursements are made to Fleet Captain, in writing (or e-mail), accompanied by relevant receipts / purchase orders, etc.

2. Upon approval of the request (if under $1,000) the Fleet Captain forwards the details to the Fleet Treasurer who issues a check or provides direct payment to supplier (via Fleet 9 Credit Card).

3. Of amounts greater than $1,000, the Fleet Captain obtains approval from the Board prior to authorization.

4. Checks are then mailed directly to recipient or are available to be picked up from the Fleet Captain during normal business hours.

5. The Fleet Treasurer is not authorized to approve or disperse payments without prior approval from the Fleet Captain and / or Board.

6. Fleet Treasurer issues a year-end summary to Fleet Captain and Board no later than February 1st.

7. Fleet 9 checks are written on a schedule of the first and third Thursday of every month and are available after 2pm that day.

VIII. Race Announcements:

On Wednesday afternoons, one (1) hour prior to the warning signal, an announcement will be made on VHF Channel 72 as to the status of racing. This announcement may also include postponement or stand-by instructions.

Failure to do so is not grounds for redress and this announcement does not take precedence over standard RRS procedure as prescribed in the Sailing Instructions or Notice or Race.

Cancellation Procedures

The decision to cancel races as per inclement weather is to be made by the acting Race Committee chairman. As a general guideline (which may be adjusted at the RC’s discretion), racing will be cancelled in the event of lightning or sustained winds exceeding 25 knots.

Races may also be cancelled or postponed by majority vote of the Fleet Captain and Board for reasons other than, and including, inclement weather.

IX. Social Event Financial Responsibilities:

1. Annual Meeting / Season “Kick-Off” Party (the first week in April)

2. Season ending Parties (After last race of each Weds. series)

3. Annual Awards Banquet (Approx. 2-3 weeks following season)

4. Weekend Racing Parties (Typically held at ILYC following races)

5. Annual Christmas Party

Other social events meeting the above criteria and paid for by the Fleet must be approved by the Fleet Captain (if under $1,000) or by the Board.

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