TUGC By-Laws

As of March 28th 2005

Article I - NAME

The name of this golf club shall be TONGA USA GOLF CLUB (TUGC).

Article II - PURPOSE

FIRST: To stimulate interest in golf amongst Tongan individuals who are now making the San Francisco Bay Area their home, by bringing together a group of golfers desirous of forming a golfing organization.

SECOND: To promote and foster among the members a closer bond and fraternity for their joint and mutual benefit, and to promote and conserve the best interests and true spirit of the game of golf as embodied in its ancient and honorable traditions.

THIRD: To promote golf as a sport for young Tongan children in the United States in the hope that through playing the game of golf, they will stay out of trouble, develop good character, honesty, life values of integrity, self-discipline, team-work and competitive spirit.

FOURTH: To promote golf as a vehicle for traveling and achieving a good education for the young, naturally talented and athletic Tongan children in the United States.

FIFTH: To identify, recruit and encourage players of Tongan ancestry in the USA to go and play for Tonga when international competitions are held such as the South Pacific games.

SIXTH: To encourage conformance to the United States Golf Association (USGA) Rules of Golf by creating a representative authority.

SEVENTH: To maintain a uniform system of handicapping as set forth in the USGA Handicap System and issue USGA Handicap Indexes to the members of the club.

EIGHTH: To provide an authoritative body to govern and conduct club competitions.

Article III - MEMBERSHIP

Section 1. Membership shall be available to all (men/women) 18 years of age or older. There shall be a least 10 members with a maximum membership of (300).

Section 2. Membership in the club shall be open to both Tongans and non-Tongans.

Section 3. Memberships in the club are individual and non-transferable.

Section 4. Only golfers with a reasonable and regular opportunity to play golf with fellow members and who can personally return scores for posting may be members and receive USGA Handicap Indexes from the club.

Section 5. Membership confers no voice in the operation and management of club unless requested by the executive committee.

Section 6. Memberships in the club are for a calendar year only, with all memberships expiring on December 31st.

Section 7. The calendar year for the club will be January 1st through December 31st.

Section 8. Each candidate for membership shall be proposed and seconded by two active members in good standing. The executive committee shall act upon each proposal by vote and two negative votes shall disqualify any candidate.

Section 9. The executive committee may confer honorary memberships upon those whom they feel have contributed to the advancement of golf. The unanimous affirmative vote of the committee shall be required to approve such action.

Section 10. In the event that any member of the club shall commit any act which reflects discredit or disrepute thereon or shall refuse or neglect to comply with the rules and regulations adopted by the executive committee or the duly appointed officers, such member shall be subject to suspension or expulsion after (ten days) written notice and the right to be heard, by a vote of two-thirds of the executive committee at any regular meeting or special meeting called for such purpose.

Article IV – INITIATION and DUES

Section 1. There will be an initiation fee for admission to this club. The initiation fee shall be determined by the Executive Committee. Any former member being reinstated will be subject to this fee. Additional fees may be assessed by the Executive Committee to ensure the solvency of the club.

Section 2. Annual club dues shall be determined by a majority vote of the Executive Committee.

Section 3. Annual dues shall be payable on the first day of fiscal year of the club and will become delinquent at a date published by the Executive Committee.

Section 4. Any member delinquent in payment of their dues shall be so notified by letter or telephone by the Treasurer. If dues are not remitted within 1 month of notification, membership shall be terminated. A member may be re-instated once all fees due are paid in full.

Section 5. All membership fees and dues shall be established by the executive committee from time to time in such amounts as they deem to be adequate to operate and maintain the club. Members shall be liable for dues until their written resignation has been received and accepted. All monies collected shall accrue to the benefit of the membership.

Article V – EXECUTIVE COMMITTEE

Section 1. The Executive Committee will consist of of the following officers: 1. President 2. Vice President 3. Tournament/Rules Director 4. Deputy Tournament Director 4. Treasurer 5. Assistant Treasurer 6. Secretary 7. Assistant Secretary 8. Media and Publicity Director 9. Activity Director 10. Past President In addition, other members of the sub-committees may be called upon when their services is required, and they will have full executive power to vote in all executive meetings.

Section 2. All officers of the executive committee shall be elected by the members of the club through a vote during the Annual General Meeting (AGM).

Section 3. Only full members of the club are eligible to hold office on the Executive Committee.

Section 4. Voting shall be written ballot or verbal ballot and those names receiving the greatest number of votes cast shall be declared to be elected. Existing executive committee members will serve their term end of club’s calendar year.

Section 5. Each Executive Committee member (except the Past President) shall have one vote. In case of a tie vote, the Past President shall cast the deciding vote.

Section 6. The duties of the members of the Executive Committee are defined onward from Article VIII below.

Section 7. The Executive Committee shall administer all the affairs of the club.

Section 8. The executive committee shall exercise all powers of management of the club not specifically excepted by these By-Laws. The president may co-opt a member from the club to the executive committee meetings when necessary.

Section 9. The executive committee shall meet at such times and places as they may select and a majority of the executive committee shall constitute a quorum at any meeting.

Section 10. Various sub-committees are formed to help running the operation of the club. The executive committee shall authorize and define the powers and duties of all sub-committees. In addition, the executive committee is responsible for selecting members of each sub-committee and a chairperson for each sub-committee. The following sub-committees shall be appointed each year: 1) Tournament Sub-Committee: to arrange and schedule with the management of any golf course as necessary, and conduct all intra-club and inter-club competitions. 2) Handicap Sub-Committee: to establish a fair and proper system of handicaps in accordance with procedures set forth in the USGA Handicap System Manual. 3) Membership Sub-Committee: to investigate and act upon all applications for membership and to recommend appropriate action to the Executive committee. 4) Social Committee & Fund Raising Sub-Committee: to encourage, arrange and coordinate social entertainments features and events for special occasions. In addition, responsible for organizing fund raising activities for the club.

Article VI – ELECTION AND TERM OF OFFICE

Section 1. The President shall call an annual meeting of the membership for purpose of electing officers to fill vacancies on the Executive Committee for the ensuing year.

Section 2. Name(s) of candidate(s) shall be placed on the ballot by nomination by any member. The vote will be by a show of hands or by secret ballot of members present as determined by the Executive Committee. The member(s) receiving the plurality vote of the members present shall be elected to office.

Section 3. Officers shall hold office for a term of one (1) year from January 1 through December 31.

Section 4. In the case of any vacancy through death, resignation, disqualification or other cause, the remaining members of the executive committee, even though less than a quorum, may elect a successor by majority vote to hold office for the un-expired term of the member whose place shall be vacant, and until the election of his/her successor.

Section 5. The Executive Committee may, by majority vote, remove an officer for non-performance.

Article VII – MEETINGS

Section 1. There shall be an Annual General Meeting (AGM) of the Tonga USA Golf Club (TUGC) shall be held between first week and third week of November each year to fill up the vacancies in the Executive Committee positions..

Section 2. A legal quorum at any meeting shall be ten members present in person. Each active member in good standing shall be entitled to one vote.

Section 3. Meetings of the Executive Committee shall be called at least once a month by the President.

Article VIII – DUTIES OF THE PRESIDENT

Section 1. Preside at all meetings of the club membership and the Executive Committee.

Section 2. Enforce these by-laws, together with all rules and regulations that are adopted by the club.

Section 3. Call all meetings and prepare agenda as provided by the by-laws.

Section 4. Exercise supervision and control over the financial, tournament/games activities and social affairs of the club.

Article IX – DUTIES OF THE VICE PRESIDENT

Section 1. In the absence of the President, perform the duties of the President.

Article X – DUTIES OF THE TOURNAMENT DIRECTOR

Section 1. In the absence of the President and Vice President, perform the duties of the President.

Section 2. Direct all tournament activities of the club. The Tournament Director shall: 1. Select, if necessary, directors for individual tournaments during the current year. 2. Determine the entry fee, including the prize money, to be collected from each member for each tournament. 3. Determine the amount and type of prizes to be awarded for each tournament. 4. Determine the rules of competition for each tournament. 5. Arrange the tournament schedule for the following year.

Article XI – DUTIES OF THE TREASURER

Section 1. At the beginning of the term, arrange with the bank or other financial institution to change check signature authorizations. If necessary, shall also revise the mailing address for monthly statements.

Section 2. Deposit all monies collected, in the club's account(s) or arrange with individual tournament directors to be advised of amounts deposited by them in connection with tournament activities.

Section 3. Keep a complete account of all club monies received and disbursed. Issue quarterly financial statements refflecting financial status of the club in February, May, July and October. A copy of all financial reports shall be provided to all members of the Executive Committee.

Section 4. Prepare an annual budget prior to the start of the calendar year and present to Executive Committee for approval.

Section 5. Collect membership dues. Notify members who are delinquent in paying their dues and proceed as defined.

Section 6. Prepare a comprehensive and complete financial report to be disclosed in to all members of the club during the Annual General Meeting in November.

Article XII – DUTIES OF THE ASSISTANT TREASURER

Section 1. In the absence of the Treasurer, perform the duties of the Treasurer.

Article XIII – DUTIES OF THE HANDICAP, MEMBERSHIP AND RULES DIRECTOR

Section 1. Maintain the record of play for each member in each tournament; adjust tournament scores (as necessary for equitable stroke adjustment); and submit adjusted tournament scores to the NCGA in a timely manner.

Section 2. Advise the Tournament Director of the index for each player as stated on the monthly index report from the NCGA.

Section 3. Interpret USGA, local, and club rules, and provide advice and counsel with respect to disputes that occur during tournament play.

Section 4. Maintain the GHIN database by performing frequent transmissions to the master database, backups, and any other routine maintenance required to safeguard and ensure the integrity of the handicap data.

Section 5. Maintain the official club membership roster.

Article XIV – DUTIES OF SECRETARY and PUBLICITY DIRECTOR

Section 1. Keep an historical record of the club activities which shall be passed to the next holder of the office.

Section 2. Arrange for the publication and mailing of all club notices, Membership Application, newsletters, and any other correspondence as directed by the Executive Committee.

Section 3. Arrange for advertisement and good will publicity to increase visibility of the club. Section 1. Act as the recording secretary for all meetings of the Executive Committee and provide copies of the minutes to all members of the Executive Committee. The original copy of the minutes shall be retained permanently.

Article XV – DUTIES OF ASSISTANT SECRETARY and PUBLICITY DIRECTOR

Section 1. In the absence of the Secretary/Publicity Director, perform the duties of the Secretary/Publicity Director.

Article XVI – DUTIES OF THE PAST PRESIDENT

Section 1. Provide advice and counsel.

Section 2. Cast the deciding Vote in the case of a tie vote on matters presented to the Executive Committee.

Article XVII – GENERAL DUTIES ASSIGNED EACH CALENDAR YEAR

The following duties will be assigned each calendar year among the current Executive committee members and sub-committee members based on interest, skills, or time.

Section 1. Determine the Club Championship by a method approved by the Executive committee; provide periodic standings to the club membership; and recognize the Club Champion(s) at the Annual Meeting.

Section 2. Update and maintain the points listing (Club Championships), money listing, and other statistics.

Section 3. Arrange the annual Club meeting.

Section 4. Coordinate any social activities planned for a tournament.

Article XVIII - TOURNAMENT RULES

Section 1. USGA rules will govern all tournament play.

Section 2. USGA rules may be modified by local rules if mutually agreed upon by the Tournament and Handicap Directors.

Section 3. The Handicap Director shall resolve all rule disputes and/or make the final determination regarding the application of rules in all tournament play. An affected member may appeal a decision of the Handicap Director to the full Executive Committee.

Section 4. Current NCGA course handicap based on a member's index will be used for all club tournament play.

Section 5. The Tonga USA Golf Club will use the exceptional tournament handicap as maintained by the USGA Golf and Handicap Information Network (GHIN) System. Any handicap may be adjusted by the Handicap Director if special circumstances exist.

Section 6. Members competing in the same flight but from different tees will have their course handicaps adjusted to reflect the differences in the course rating from the respective tees.

Section 7. Unless voted by majority of the Executive Committee, guests are NOT eligible to compete for prizes determined by net score.

Section 8. During tournament play, the low handicap in each foursome shall act as "Rules Director" for that group should an interpretation of the rules be required.

Section 9. In the event of stroke play ties, the USGA recommended tie-breaking methodology will be followed.

Article XIX - AMENDMENTS TO BY-LAWS

Section 1. The executive committee shall have the power to repeal or amend any of these By-Laws provided that such action shall not be effective until approved by a majority vote of the members of the Tonga USA Golf Club (TUGC) at a meeting held in

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