Club Constitution
1. Name
1.1 The
name of the Club shall be Barrow Amateur
Swimming Club
2.
Objects
2.1 The
objects of the Club shall be the teaching, development and practice of swimming
for its members. The club will hold regular club championship galas, give its
members the opportunity to compete in external competitions and enter teams in
inter-club competitions.
2.1.1 The
Club is committed to treat everyone equally within the context of its activity.
This shall be, for example, regardless of age, sex, ethnic origin, religion,
disability, political persuasion or sexual orientation on any grounds.
2.1.2 The
Club shall implement the A.S.A. Equal Opportunities policy
2.2 The
Club shall be affiliated to the Cumbria ASA and ASA North West Region and shall
adopt and conform to the rules of the Associations, and to such other bodies as
the Club may determine from time to time.
2.3 The
business and affairs of the Club shall at all times be conducted in accordance
with the Laws and Technical Rules of the Amateur Swimming Association (“A.S.A.
Laws”) and in particular:
2.3.1 All
competing members shall be eligible competitors as defined in A.S.A. Laws; and
2.3.2 The
Club shall in accordance with A.S.A. Laws adopt the A.S.A. Child Protection
Procedures; and shall recognise that the welfare of children is everyone’s
responsibility and that all children and young people have a right to have fun,
be safe and be protected from harm.
2.3.3
Members of the Club shall in accordance with A.S.A. Laws comply with the A.S.A.
Child Protection Procedures.
2.4 By
virtue of the affiliation of the Club to Cumbria A.S.A. and the A.S.A. North
West Region, the Club and all members of the Club acknowledge that they are
subject to the laws, rules and constitutions of:
2.4.1
2.4.2
A.S.A.
2.4.3 The
Amateur Swimming Association; (to include the A.S.A. /IOS Code of Ethics); and
2.4.4 The
Amateur Swimming Federation of Great Britain (to include in particular the
ASFGB Doping Control Rules and Protocols and ASFGB Disciplinary Code); and
2.4.5 FINA,
the world governing body for the sport of swimming in all its disciplines
(together “the Governing Body Rules”)
2.5 In the
event that there shall be any conflict between any rule or by-law of the Club
and any of the Governing Body Rules then the relevant Governing Body Rule shall
prevail
3
Membership
3.1 The
total membership of the Club shall not normally be limited. If however the Committee
considers that there is a good reason to impose any limit from time to time
then the Committee shall put forward appropriate proposals for consideration at
a General Meeting of the Club. The members shall have the right to impose (and
remove) from time to time any limits on total membership (or any category of
membership) of the Club.
3.2 All
persons who assist in any way with the Club’s activities shall become members
of the Club and hence of the A.S.A. and the relevant A.S.A. membership fee
shall be paid. Assisting with the Club’s activities shall include, but not be
restricted to, administrators, associate members, voluntary instructors,
teachers and coaches, Committee members, helpers, Honorary members life
members, officers, patrons, Presidents, technical and non-technical officials,
temporary members, Vice Presidents and verifiers or tutors of the A.S.A.’s
educational certificates.
3.3 Paid
instructors, teachers and coaches who are not members of the Club must be
members of a body which accepts that its members are bound by the A.S.A.’s Code
of Ethics, the Laws relating to Child Protection and those parts of the
Judicial Laws, Judicial Rules and procedures necessary for their implementation
and whilst engaged in activities under the jurisdiction of the A.S.A. shall be
subject to all the constraints and privileges of the Judicial Laws and Rules.
3.4 Any
person who wishes to become a member of the Club must submit a signed
application to the Secretary (and in the case of a junior swimmer the application
must be signed by the swimmer’s parent or guardian). Election to membership
shall be determined by the Committee but other person(s) authorised by the
Committee may make recommendation as to the applicants’ acceptability. The
Committee shall be required to give reasons for the refusal of any application
for membership. Any person refused membership may seek a review of this
decision before a ‘Review Panel’ appointed by the Committee comprised of not
less than three members (who may or may not be members of the Committee). The
panel shall (wherever practicable) include one independent member nominated by
the ASA North West Region. The person refused membership shall be entitled to
make representations to the Review Panel. The procedures for review shall be at
the discretion of the Review Panel whose decision shall be final and binding.
3.5 The
Club shall not refuse an application for membership on discriminatory grounds,
whether in relation to age, sex, ethnic origin religion, disability, political persuasion
or sexual orientation.
3.6 The
club may refuse membership for good and sufficient cause, such as conduct or
character likely to bring the Club or sport into disrepute.
3.7 All
membership shall be renewed on an annual basis through the process of
reapplication not later than 1st September in accordance with Rule
4.2.
3.8 The
category of membership shall be in accordance with Rule 3.9.
3.9 The
membership of the club shall be in the following categories:
3.9.1
Senior members, who shall be not less than 16 years of age, shall be eligible
to hold office and to attend and vote at Committee and General Meetings.
3.9.2
Junior members, who shall be less than 16 years of age, shall not be allowed to
hold office, attend meetings of the Committee, unless by invitation of the
committee, or vote at Committee and General Meetings.
3.9.3
Honorary Members, who shall be elected by the Committee, with the exception of
the President or Vice President(s), for such a period as they think fit and
they shall be entitled to all privileges of membership except that they shall
not be entitled to vote at meetings and serve as officers or on the Committee
unless any such person shall have retained in addition their ordinary
membership of the club. Such Honorary members must be included in the Club’s
annual return as to membership.
3.9.4 Life
Members, who shall be elected at the Annual General Meeting on a recommendation
made by the Committee in recognition of outstanding services rendered to the
Club. Life members shall be entitled to all the privileges of membership, shall
be members of the Committee without the power to vote, shall be eligible to
attend General meetings with the power to vote and must be included in the
Club’s annual return as to membership.
3.9.5 Associate
Members, who shall be elected by the Committee in recognition of support or
services rendered to the Club. Associate members shall be entitled to all the
privileges of membership including the right to vote at General Meetings, to hold office and be
elected to the Committee and must be included in the Club’s annual return as to
membership.
3.9.6
Temporary Members, who are individuals granted temporary membership by the
Committee by virtue of their participation in specific event(s) organised by
the Club in conjunction with a club, body, association or organisation under
the provision of the ASA Law on temporary membership.
4
Subscription and Other Fees
4.1 The
annual members’ subscription and coaching and squad fees (as applicable) shall
be determined from time to time by the Committee and the Committee shall in so
doing make special provision for different classes of membership, as it shall
determine.
4.2 The
annual subscription shall be due on joining the Club and thereafter on the 1st
day of September each year.
4.3 Any
member whose subscription is unpaid by the date falling 30 days after the due
date for payment may be suspended by the Committee from some or all Club
activities from a date to be determined by the Committee and until such payment
is made
4.4 The
Committee shall, from time to time, have the power to determine the annual
membership subscription and other fees. This shall include the power to make
such increase in the subscription as shall, where the Club pays the individual
A.S.A. Membership Fees to the A.S.A. on behalf of members, be consequential
upon an increase in individual A.S.A. membership fees. Any increase in
subscriptions shall be advised to the members in writing with the reasons for
any increase to be reported to the members at the next Annual General Meeting.
4.5 The
Committee shall have power in special circumstances to remit the whole or part
of the fees, including the ASA fees, to address issues of social inclusion.
5
Resignation
5.1 A
member wishing to resign membership of the Club must give to the Secretary
written notice of his resignation. A
member’s resignation shall only take effect when agreed by the Committee and
there is no outstanding financial commitment or disciplinary action outstanding
against the individual and this Rule 5.1 has been complied with.
5.2 A
member who resigns from the club in accordance with Rule 5.1 shall not be
entitled to have any part of the annual (subscription or membership) fee or
other fees refunded.
5.3 Notwithstanding
the provisions of Rule 5.1 above a member whose subscription is more than two
months in arrear shall be deemed to have resigned. Where the membership of a
member shall be terminated in this way he shall be informed in writing that he
is no longer a member by notice handed to him or sent by post to his last known
address.
5.4 The
club must notify the ASA, where a member resigns from the club and still has
outstanding financial commitments to the club,
6
Expulsion and other Disciplinary action
6.1 The
Committee shall have power to expel a member when, in its opinion, it would not
be in the interests of the Club for him to remain a member. The Club in
exercising this power shall comply with the provisions of Rules 6.2 and 6.3
below
6.2 Upon expulsion
the former member shall not be entitled to have any part of the annual
(subscription or membership) fee or any other fees refunded and must return any
club or external body trophies held forthwith.
6.3 The
Club shall comply with the requirements and procedures of ASA Law for handling
all Internal Club Disputes as the same may be revised from time to time.
6.4 A
member may not be expelled or (subject to Rule 6.5 below) be made the subject
of any other penalty unless the panel hearing the dispute shall unanimously
vote in favour of the expulsion of (or other penalty imposed upon) the member.
6.5 The
Officers of the Club (or any person to whom the Committee shall delegate this
power) may temporarily suspend or exclude a member from particular training
sessions and/or wider Club activities, when in their opinion, such action is in
the interests of the Club. Where such disciplinary action is taken it shall be
dealt with in accordance with ASA Laws and procedures.
6.6 The
Officials in charge of a particular event shall be responsible for the
discipline. If further action is
required this is to be referred to the Disciplinary Sub Committee. The
Disciplinary Sub Committee to be five members, appointed by the Management
Committee, of which three members must be present at the "Disciplinary
Hearing".
6.7 The
Management Committee reserves the right to expel or disqualify (or any other
penalty imposed upon) any member by a majority of two thirds at any special
meeting, provided notice of such expulsion or disqualification is given on the
notice calling the meeting and the accused is invited to attend and speak, to
call witnesses and to question witnesses called against him/her. Another person to assist in presenting
his/her defence may accompany the member.
If the alleged offence is also an infringement of ASA Law the Club shall
not deal with the matter but shall make a complaint to the ASA under the ASA
Judicial Laws and Rules.
7
Committee
7.1 The
Committee shall consist of the Chairman, Secretary, Treasurer, Welfare Officer
and 10
elected members, all of whom must be members of the Club. All Committee
members must be not less than 18 years of age though the Committee may allow
younger member(s) to attend their meetings without power to vote.
7.2 The
Committee members shall be proposed, seconded and elected by ballot at the Annual General
Meeting each year and shall remain in office until their successors are elected
at the next Annual General Meeting. Any vacancy occurring by resignation or
otherwise may be filled by the Committee. Retiring members of the Committee
shall be eligible for re-election.
7.3
Committee meetings shall be held not less than once a month (save where the
Committee itself shall by a simple majority resolve not to meet), and the
quorum of that meeting shall be at least five of the Committee members (to
include not less than one Executive Officer). The Chairman and the Secretary
shall have discretion to call further meetings of the Committee if they
consider it to be in the interests of the Club. The Secretary shall give all
the members of the Committee not less than seven days written notice of a
meeting. Decisions of the Committee shall be made by a simple majority (and in
the event of equality of votes the Chairman (or the acting Chairman of that
meeting) shall have a casting or additional vote.) The Secretary, or in his
absence a member of the Committee, shall take minutes.
7.4 In the
event that a quorum is not present within thirty minutes of the published start
time, a meeting shall stand adjourned to the time and date falling seven days
after the date of the meeting, or such other date and time as may be determined
by the Chairman. If a quorum is not present at the adjourned meeting then those
Committee members attending may act for the purpose of calling a Special
General Meeting of the members, to which the provisions as to minimum notice
contained in Rule 11.1 shall not apply
7.5 In
addition to the members so elected the Committee may co-opt up to 2 further members
of the Club who shall serve until the next Annual General Meeting. Co-opted
members shall not be entitled to vote at the meetings of the Committee and
shall not be counted in establishing whether a quorum is present. Co-opted
members must be not less than 18 years of age.
7.6 The
Committee may from time to time appoint such sub-committees as they may
consider necessary (and to remove (in whole or in part) or vary the terms of
reference of such sub-committees) and may delegate to them such of the powers
and duties of the Committee as the Committee may determine. All sub-committees
shall periodically report their proceedings to the Committee and shall conduct
their business in accordance with the directions of the Committee.
7.7 The
Committee shall be responsible for the management of the Club and shall have
the sole right of appointing and determining the terms and conditions of
service of employees of the Club. The Committee shall have power to enter into
contracts for the purposes of the Club on behalf of all the members of the
Club.
7.8 The
Committee shall be responsible for ensuring that the Accounts of the Club for
each financial year be examined by an independent examiner to be appointed by
the members in General Meeting.
7.9 The
Committee shall have the power to make regulations and to settle disputed
points not otherwise provided for in this Constitution.
7.10 The members of the Committee shall be
indemnified by the members of the Club against all liabilities properly
incurred by them in the management of the affairs of the Club.
7.11 The
Committee shall maintain an Accident Book in which all accidents to Club
members at swimming related activities shall be recorded. Details of such
accidents shall be reported to the A.S.A. Office. The Club shall make an annual
return to the A.S.A. in the prescribed form.
7.12 The
Committee shall ensure that the financial records and minutes of meetings are
retained for a period of at least six years.
7.13 The
Club shall at the Annual General meeting elect a Welfare Officer, who shall not
be a member of the teaching and coaching staff or a member of the family of an
officer, committee member or the teaching and coaching staff. The Welfare officer shall be a member of the Committee
and shall report to the Committee on all aspects of welfare concerning the
members of the club.
7.14 At the
first Committee meeting following the Annual General meeting the Committee
shall appoint the delegates to attend the Council meetings of the ASA North
West Region, the Cumbria Amateur Swimming Association and such other bodies and
associations to which the Club is affiliated, as required.
8
Officers
8.1 The Executive Officers of the Club shall be the Chairman, the
Secretary and the Treasurer.
8.2 The
Executive Officers of the Club shall be proposed, seconded and elected (by
ballot) at the Annual General Meeting and shall hold office until the next
Annual General Meeting when they shall retire. Any vacancy occurring by
resignation or otherwise may be filled by the Committee. Retiring officers
shall be eligible for re-election.
8.3 The
Annual General Meeting of the Club, if it thinks fit, may elect a President and
Vice-Presidents. A President or Vice-President need not be a member of the club
and on election shall, ex officio, be an honorary member of the Club and
must be included in the Club’s Annual Return of Members to the A.S.A.
9 Annual
General Meeting
9.1 The
Annual General Meeting of the Club shall be held each year on a date in
October. The time, date and venue for the Annual General Meeting shall be fixed
by the Committee
9.2 The
purpose of the Annual General Meeting is to transact the following business:
9.2.1 To
receive the Chairman’s report of the activities of the Club during the previous
year;
9.2.2 To
receive and consider the accounts of the Club for the previous year and the
report on the accounts of the independent examiner and the Treasurer's report
as to the financial position of the Club;
9.2.3 To
remove and elect the independent examiner (who must not be a member of the
Committee or a member of the family of a member of the Committee) or confirm
that he remain in office;
9.2.4 To
elect the Executive Officers and other members of the Committee;
9.2.5 To
decide on any resolution which may be duly submitted in accordance with Rule
9.3.
9.3
Nominations for election of members to any office or for membership of the
Committee shall be made in writing by the proposer and seconder to the
Secretary not later
than 10th September. The nominee shall be required to
indicate in writing on the nomination form his willingness to stand for
election. Notice of any resolution proposed to be moved at the Annual General
Meeting shall be given in writing to the Secretary not later than 10th September.
10
Special General Meeting
10.1 The
Committee may be call a Special General Meeting at any time.
10.2 A
Special General Meeting shall be called by the Secretary within 28 days of
receipt by him of a requisition in writing signed by not less than 15 members
entitled to attend and vote at a General Meeting or (if greater) such numbers
as represents (one-tenth) in number of such members stating the purposes for
which the meeting is required and the resolutions proposed.
11
Procedure at the Annual and Special General Meetings
11.1 The
Secretary shall personally be responsible for the handing out or sending to
each member at his last known address a written agenda giving notice of the
date, time and place of the General Meeting together with the resolutions to be
proposed thereat at least (14) days before the meeting and in the case of the
Annual General Meeting a list of the nominees for the Committee posts and a
copy of the examined accounts. The Secretary may, alternatively, with the
agreement of member(s) concerned distribute these materials by e-mail or
similar form of communication. The
Notice of
Meeting shall in addition wherever possible be displayed on the Club Notice
Board.
11.2 The
quorum, which must contain at least one officer of the Club, for the Annual and
Special General Meetings shall be 12 members entitled to attend and vote at the
Meeting
11.3 The
Chairman, or in his absence a member selected by the Committee, shall take the
chair. Each member present shall have one vote and resolutions shall be passed
by a simple majority. For the procedures for submitting resolutions to be
considered at a General Meeting members are referred to Rule 9.3. In the event
of an equality of votes the Chairman shall have a casting or additional vote.
Only paid up members, who shall be not less than 16 years of age, shall be
entitled to be heard and to vote on all matters. (Junior Members, who shall be
less than 16 years of age, shall be entitled to be heard and vote only on those
matters determined by the Chairman as matters concerning juniors, such as the
election of Club captains.)
11.4 The
Secretary, or in his absence a member of the Committee, shall take minutes at
the Annual and Special General Meetings.
11.5 The
Chairman shall at all General Meetings have unlimited authority upon every
question of order and shall be, for the purpose of such meeting, the sole
interpreter of the Rules of the Club.
12
Alteration of the Rules and other Resolutions
12.1 The
rules may be altered by resolution at an Annual or Special General Meeting
provided that the resolution is carried by a majority of at least two-thirds of
members present and entitled to vote at the General Meeting.
12.2 No
amendment(s) to the rules shall become effective until such amendment(s) shall
have been submitted to and validated by the ASA North West Region or at a
subsequent date decided by the meeting.
12.3 Any
Senior member entitled to attend and vote at a General Meeting shall be
entitled to put any proposal for consideration at any General Meeting provided
the proposal in writing shall have been handed to or posted to the Secretary of
the Club so as to be received by him not later than 10th September
in the case of the Annual General Meeting or, in the case of a Special General
Meeting, 18 days before the date of the meeting and thereafter the Secretary
shall supply a copy of the proposal or resolution to the members in the manner
provided in Rule 11.1
13
By-Laws
13.1 The
Committee shall have power to make, repeal and amend such by-laws as they may
from time to time consider necessary for the well being of the Club which
by-laws, repeals and amendments shall have effect until set aside by the
Committee or at a General Meeting.
14
Finance
14.1 All
moneys payable to the Club shall be received by the Treasurer and deposited in
a bank account in the name of the Club. No sum shall be drawn from that account
except by cheque signed by (two of the three signatories who shall be the
Chairman, Secretary and Treasurer.) Any moneys not required for immediate use
may be invested as the Committee in its discretion think fit.
14.2 The
income and property of the Club shall be applied only in furtherance of the
objects of the Club and no part thereof shall be paid by way of bonus, dividend
or profit to any members of the Club, (save as set out in Rule 17.3.)
14.3 The
Committee shall have power to authorise the payment of remuneration and
expenses to any officer, member or employee of the Club and to any other person
or persons for services rendered to the Club.
14.4 The
financial transactions of the Club shall be recorded by the Treasurer in such
manner as the Committee thinks fit.
14.5 The
financial year of the Club shall be the period commencing on 1st
September and ending on 31st August. Any change to the financial
year shall require the approval of the members in a General Meeting.
14.6 The
Committee shall retain for a minimum period of six years all financial records
relating to the Club and copies of Minutes of all meetings.
15
Borrowing
15.1 The
Committee may borrow money on behalf of the Club for the purposes of the Club
from time to time at their own discretion [up to such limits on borrowing as
may be laid down from time to time by the General Meeting] for the general
upkeep of the Club or with the (prior) approval of a General Meeting for any
other expenditure, additions or improvements.
15.2 When
so borrowing the Committee shall have power to raise in any way any sum or sums
of money and to raise and secure the repayment of any sums or sums of money in
such manner or on such terms and conditions as it thinks fit, and in particular
by mortgage of or charge upon or by the issues of debentures charged upon all
or any part of the property of the Club.
15.3 The
Committee shall have no power to pledge the personal liability of any member of
the Club for the repayment of any sums so borrowed.
16
Property
16.1 The
property of the Club, other than cash at the bank, shall be vested in not more
than four Custodians. They shall deal with the property as directed by
resolution of the Committee and entry in the minute book shall be conclusive
evidence of such a resolution.
16.2 The
Custodians shall be elected at a General Meeting of the Club and shall hold
office until death or resignation unless removed by a resolution passed at a
General Meeting.
16.3 The
Custodians shall be entitled to an indemnity out of the property of the Club
for all expenses and other liabilities properly incurred by them in the
discharge of their duties.
17
Dissolution
17.1 A
resolution to dissolve the Club shall only be proposed at a General Meeting and
shall be carried by a majority of at least [three- quarters] of the members
present and entitled to vote. A specific date for the dissolution shall be
included in the resolution.
17.2 The
dissolution shall take effect from the date specified in the resolution and the
members of the Committee shall be responsible for the winding-up of the assets
and liabilities of the Club.
17.3 Any property remaining after the
discharge of the debts and liabilities of the Club shall be given to a charity
or charities (or other non-profit making organisation having objects similar to
those of the Club for the furtherance of such objects) nominated by the last
Committee. OR (see Guidance notes 6 and 12 ref Taxation and VAT)
18
ACKNOWLEDGEMENT
18.1 The
Members acknowledge that these Rules constitute a legally binding contract to
regulate the relationship of the members with each other and the Club.
The
following statement needs to appear on Club membership forms and is to be
signed by the member and must also be countersigned by the parent, or a person
having parental responsibility for the member, if under 18 years of age:
I
acknowledge receipt of the rules of Barrow Amateur Swimming Club and confirm my
understanding and acceptance that such rules (as amended from time to time)
shall govern my membership of the Club. I further acknowledge and accept the
responsibilities of membership upon members as set out in these rules.