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Club Constitution
RULES
of Bury
and Elton
Swimming
Club at
1st January 2008
1.
Name 1.1
The name of the Club shall be Bury and Elton Amateur Swimming Club 2.
Objects 2.1
The objects of the Club shall be the teaching, development and practice
of swimming and the promotion of competitions and championships for its members. In the furtherance of these objects: 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 or political persuasion, 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 ASA North West Region and the Lancashire
County Water Polo and Swimming Association and shall adopt and conform to the
rules of those 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 ASA 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
Lancashire County Water Polo and Swimming Association and 2.4.2
the ASA North West Region and 2.4.3
the Amateur Swimming Association; (to include the ASA/IOS Code of
Ethics); and 2.4.4
British Swimming (to include in particular its Doping Control Rules and
Protocols and 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 Membership 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 Membership Secretary.
The Membership Secretary 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 ethnic origin, age, sex, religion, disability,
political persuasion or sexual orientation 3.6
The Club may refuse membership only 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 day of March each year. 3.8
The category of membership shall be decided 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 18 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 18 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 or 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 the 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 member’s 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 the committee shall determine. 4.2
The annual subscription and entrance fee (if any) shall be due on joining
the Club and thereafter on the 1st day of March 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.
4.5
The Committee shall have the 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 membership of the Club in accordance with Rule 5.1
above shall not be entitled to have any part of the annual membership fee or any
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 ASA shall be informed should a member resign when owing money or
goods to the Club.
6
Expulsion and other Disciplinary action
6.1
The Committee shall have power to expel a member when, its opinion, it
would not be in the interests of the Club for him to remain a member.
6.2
Upon expulsion the former member shall not be entitled to have any part
of the annual membership fee or any other fees refunded and must return any Club
or external body trophy or trophies held forthwith. 6.3
The Club shall comply with the requirements and procedures of ASA Law for
handling all Internal Club Disputes. 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 (by a
two-thirds majority) vote in favour of the expulsion of (or other penalty
imposed upon) the member. 6.5
The Committee (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 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, [Vice Chairman], Secretary,
Treasurer, Life members, Welfare Officer, and (up to a maximum of 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, [with the exception of the Life 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. (See
also Rule 8.2) 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 such number as shall represent not less than a
simple majority of the Committee members (to include not less than one 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 (a
maximum of 10) further members of the Club who shall serve until the next Annual
General Meeting. Co-opted members
shall be entitled to vote at the meetings of the Committee and shall 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 [from among their number]
such sub-committees as they may consider necessary 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 also have power to make regulations and to settle
disputed points not otherwise provided for in this Constitution. 7.10
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. 7.11
The Committee shall have the power to make regulations and to settle
disputed points not otherwise provided for in this Constitution. 7.12
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. 7.13
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 ASA in the prescribed form 7.14
The Committee shall ensure that the financial records and minutes of
meetings are retained for a period of at least 6 years.
7.15
The Club shall elect a Welfare Officer at the Annual General Meeting. The
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. 8
Officers
8.1
The Officers of the Club shall be the Chairman, Vice Chairman, the
Secretary and the Treasurer. 8.2
The Officers 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 ASA. 9
Annual General Meeting
9.1
The Annual General Meeting of the Club shall be held each year on a date
in November. The date, time 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 pf 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 of 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 (8who must not be a member
of the committee or a member of the family of a member of the committee)or
confirm that he/she remains in office; 9.2.4
To elect the Welfare officer 9.2.5
To elect the Officer’s and other members of the committee (excluding
the Welfare officer)
9.2.6 To
elect the delegates to attend the Council meetings of the ASA North West Region
and the County Association and such other bodies and associations to which the
Club is affiliated, as required;
9.2.7 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 [with the exception of the Life Members and welfare officer] shall
be made in writing by the proposer and seconder to the Secretary not later than
21 days prior to the date of the meeting.
The nominee shall be required to indicate in writing on the nomination
form his willingness to stand for election.
The nomination form shall also contain the signatures of the proposer and
seconder. Notice of any resolution proposed to be moved at the Annual General
Meeting shall be given in writing to the Secretary not later than 21 days prior
to the date of the meeting. 10
Special General Meeting
10.1
A Special General Meeting may be called at any time by the Committee. 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 closing
date for any resolutions to be proposed there at least 28 days before the
meeting. 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 where one exists. 11.2
The Secretary shall personally be responsible for the handing out or
sending to each member at his last known address a written agenda for 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
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 11.3
The quorum for the Annual and Special General Meetings shall be 5 members
entitled to attend and vote at the Meeting or (if greater) such number as
represents (one-tenth rounded up to the nearest whole number) of such members
eligible to attend and vote including at least one Officer. 11.4
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 have reached their 18th
birthday shall be entitled to be heard and to vote on all matters.
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 such person as is
authorised to do so by the ASA 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 21 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 and in
Rule 11.2. 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
October and ending on 30th September. 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 considered 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. 17.3
Any property remaining after the discharge of the debts and liabilities
of the Club shall be divided equally (or) rateably in proportion to the amount
each member has paid in subscriptions) among the members of the Club at the date
of dissolution. 18
ACKNOWLEDGEMENT
I
acknowledge receipt of the rules of Bury
and Elton 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. Download
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