Penguin Class

Constitution

International Penguin Class Dinghy Association — Revised March, 2014

The Constitution is published together with the By-Laws in the class handbook. The original is available as Penguin By Laws 2014 (PDF).

Editor’s note: This text is transcribed from the March 2014 PDF. Only scanning errors have been corrected (for example “may he available” → “may be available”); wording, numbering and lettering are as published. Membership types in Article VI, Section 2 are lettered A, B, C, E, F, G in the original.

Article I — Name

International Penguin Class Dinghy Association.

Article II — Emblem

The emblem shall be a black Penguin as shown on the official sail plan.

Article III — Objective

To promote and develop Penguin Class Dinghy racing under uniform rules governed by the Association, and rigidly to maintain the one design features of Penguin Class Dinghies.

Article IV — Policy

To keep the cost of construction, sails, and Association dues at a minimum in order that Penguins may be available to the largest number of owners, and rigidly to maintain a strictly one design class.

Article V — Jurisdiction

The Association has jurisdiction over all Penguin Class activities. The Class Rules govern all sanctioned Penguin races, regardless of by whom held. The Constitution, By-Laws and Rules are binding upon all members and fleets, and all registered Penguin Class Dinghies must conform to the official plans and specifications.

Article VI — Membership

Section 1. Membership in this Association shall be restricted to those who own, sail, or are interested in Penguin Class dinghies. The members shall join by submitting an application and dues to the Class Treasurer. Membership shall run from January 1st to December 31st of each year. Members also have the option to join the class by paying Class dues directly to their fleet and the fleet submitting pooled dues directly to the Class Treasurer. The Executive Committee will have the authority by majority vote to set the dues amount.

Section 2. There will be six membership types.

Article VII — Organization

Section 1. The Association shall consist of individual members who shall belong to fleets, which in turn shall be organized into regions, the whole of which shall be under the jurisdiction of the Executive Committee.

Section 2. Any three or more owners of measured Penguins may be granted a fleet charter upon application to the Executive Vice President. Each fleet may elect its own officers, collect local dues, if so desired, and govern the affairs of the fleet consistent with the Constitution and By-Laws of the Association.

Section 3. Regions shall be established by the Executive Committee and fleets assigned to their respective regions by the President. Regions shall be established to include a minimum of three active fleets within an area suited for normal regional activity; provided, however, that special or provisional regions may be established as warranted.

Moved: How to apply for a fleet charter, and the fleet reporting requirements, are on the Fleet Charters page.

Article VIII — Officers: Titles, Duties and Method of Electing

Section 1. The Officers of the Association shall consist of the President, Executive Vice President, Secretary, and Treasurer. They shall be nominated at the annual meeting by the Nominating Committee or by nomination from the floor. Voting shall be by hand vote and the candidate receiving a majority of the votes cast for the office to which they are nominated will be elected. Officers will serve for a term of one year. They will serve from November 1 to Oct 31st. All officers will be elected every year at the Annual Meeting. The annual meeting will take place in conjunction with the Class Championship regatta at a time set by the President.

Section 2.

President — The President shall preside at all meetings, shall be chairman of the Executive Committee, and ex-officio member of all other committees. The president shall appoint Regional Vice Presidents, the Chief Measurer, Members at large, and special committee members. The President shall authorize the payment of all bills and may request the Executive Committee to allocate funds for special purposes. In the matter of the appointment of Regional Vice Presidents, the President shall be guided by the nominations from each Region.

Executive Vice President — The Executive Vice President shall have charge of promotional activities such as the development of the class, organization of new fleets, granting of charters, etc., and shall act in the absence of the President.

Secretary — The Secretary shall be in charge of all the secretarial work of the Association. This person shall be responsible for the minutes of the meetings, records, general information, and correspondence. The Secretary shall be custodian of the Association’s records and documents.

Treasurer — The Treasurer shall be in charge of the funds of the Association. The Treasurer shall pay bills, collect dues, and keep an accurate membership roster. In addition, the Treasurer will submit an annual financial report for the previous calendar year to the Class at the annual meeting.

The current officers are listed on the Officers page.

Article IX — Standing and Appointed Committees

Section 1. Standing Committees — The following Standing Committees shall serve from November 1st until October 31st.

(a) Executive Committee — The Executive Committee shall consist of the Officers, and two Members-at-Large. They will by Majority vote, decide all questions if not otherwise stipulated, interpret Constitution and By-Laws, conduct all business, and determine policy of the Association, and is the last court of appeal on disputes over Constitutional rights, and has the power to enforce its decisions by suspension of fleet or members. Decisions of the Executive Committee shall be final and binding.

(b) Advisory Committee — The Advisory Committee shall consist of the two most recent Past Presidents still active in the Class and the Regional Vice Presidents. The most recent Past President shall be the Chairman. The committee shall consider such problems as may be referred to it by the Executive Committee.

(c) Nominating Committee — The Nominating Committee shall consist of the immediate Past President as chairman, and two other members, not officers of the Association, whom the chairman shall appoint. The Nominating Committee shall make its selections for the Office of President, Executive Vice President, Secretary, Treasurer, and two Members-at-Large and nominate them at the annual meeting.

Section 2. Appointed Officers and Committees — The following officers and committees shall be appointed and serve for one year from November 1st to October 31st.

(a) International Race Committee will consist of all of the Class officers plus the Chief Measurer. The I.R.C. shall supervise and conduct the International Championship Regatta in accordance with the Rules Governing the International Championship, and the decisions of the I.R.C. as to matters concerning the current regatta shall be final.

(b) International Measurement Committee (I.M.C.) — The International Measurement Committee shall consist of the President and the Chief Measurer. The Chief Measurer will receive and approve or reject measurement certificates in accordance with the tolerances established by the Executive Committee, and shall maintain a file of the measurement certificates for each measured boat. The Chief Measurer shall forward to the boat owner the duplicate copy of the certificate. The Chief Measurer shall answer all correspondence relative to measurements, building materials, new or peculiar methods of construction, etc.

Article X — Meetings

Section 1. The annual meeting shall be held during the period of and in the vicinity of the International Championship Series. Special meetings shall be held upon order of Executive Committee or upon demand in writing by twenty-five per cent of the fleets. Exact time and place of all meetings shall be fixed by the President.

Section 2. Notice must be sent to the members in time to permit action, and if a Special Meeting is to be called, the purpose thereof must be stated in such form to permit voting by mail and no other business shall be transacted.

Article XI — Voting

Proxies must be in writing and must be submitted by mail to the Secretary two days before the meeting. All members present and all proxies shall vote unless excused by the chair. A majority of the votes present shall decide all questions not otherwise stipulated, and the chair shall cast the one deciding vote in case of a tie and may fix a time limit on speakers and motions.

Article XII — Quorum

Ten Active Members present in person or by proxy will constitute a quorum.

Article XIII — Order of Business

  1. Call to order.
  2. Roll call of fleets.
  3. Minutes of last meeting.
  4. Reports of officers.
  5. Charters, ratified and revoked.
  6. Unfinished business.
  7. New business.
  8. Election of officers for the following year.
  9. Adjournment.

Article XIV — Amendments

Amendments may be proposed by a majority of an annual meeting or at any time by the Executive Committee. The vote must be by mail or E-mail to the entire membership and a majority of the votes received shall determine the adoption or rejection of the proposed amendment.

Continue to the By-Laws.