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Rules of
Bridgwater Swimming Club: as at 9th October 2007
1.
Name
1.1 The name of the Club shall be
BRIDGWATER SWIMMING CLUB. The club colours will be navy-blue
and gold
2.
Objects
2.1
The objects of the Club shall be the objects of the Amateur
Swimming Association.
In the furtherance of these
objects:
2.1.1 The Club is
committed to treat everyone equally within the context of their
activity, regardless of sex, ethnic origin, religion, disability
or political persuasion.
2.1.2 The Club
believes 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.
2.2 The Club shall
be affiliated to ASA South West Region and Somerset ASA (and
shall adopt and conform to the rules of these associations) and
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 (“ASA Laws”) and in particular:
2.3.1 All
competing members shall be eligible competitors as defined in
ASA Laws; and
2.3.2 The Club
shall in accordance with ASA Laws adopt the ASA Child Protection
Procedures; and
2.3.3 Members of
the Club shall in accordance with ASA Laws comply with the ASA
Child Protection Procedures.
2.4 By virtue of
the affiliation of the Club to ASA South West Region and
Somerset ASA the Club and all members of the Club acknowledge
that they are subject to the laws and rules of:
2.4.1 ASA South
West Region and Somerset ASA
2.4.2 The Amateur
Swimming Association ;( to include the ASA/IOS Code of Ethics);
and
2.4.3 The British
Swimming of Great Britain and
2.4.4 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.
All persons who
assist in any way with the club’s activities shall become
members of the club and hence of the ASA and the relevant ASA
membership fee shall be paid. Assisting with the club’s
activities shall include, but not be restricted to,
administrators, associate members, instructors, teachers and
coaches, whether employed, self employed or voluntary, 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 ASA’s educational certificates.
3.2 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 in the
discretion of the Committee or other person(s) authorised by the
Committee. The Committee or such authorised person(s) shall not
be required to give reasons for the refusal of any application
for membership.
3.3 The minimum
age for Membership of the Club shall be at the discretion of the
Coach and teaching staff. However parents will be requested to
sit at poolside for those under 6 years of age. The Club cannot
accept responsibility for children less than 16 years of age,
except during their allotted teaching time in the pool. Each
child under 16 years of age must therefore be accompanied by a
responsible adult over the age of 18 years. However, if the
aforementioned adult wishes he/she may decline Membership of the
Club provided they waiver the liability of the Club for them
whilst in the pool building.
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 it 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 January
each year.
4.3 Any member
whose subscription is unpaid by the date falling 30 days after
the 1st January 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 ASA Membership Fees to the ASA on
behalf of members, be consequential upon an increase in
individual ASA 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.
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 this (Rule 5.1) has been
complied with.
5.2
Notwithstanding the provisions of Rule 5.1 above a member whose
subscription is more than three 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.
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.
6.2 The Club shall
adopt and comply with the ASA Guidelines for handling Internal
Club Disputes (“the Guidelines”) as the same may be revised from
time to time. The Guidelines are set out as an Appendix to the
ASA Judicial Laws and appear in the ASA Handbook. A copy of the
current Guidelines may be obtained from the ASA Legal Affairs
Department.
6.3 A member may
not be expelled or (subject to Rule 6.4 below) be made the
subject of any other penalty unless the panel hearing the
complaint shall by a two-thirds majority vote in favour of the
expulsion of (or other penalty imposed upon) the member.
6.4 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 action is taken the complaint will thereafter be
dealt with in accordance with the Guidelines.
7
Committee
7.1 The Committee
shall consist of the Chairman, Vice-Chairman, Secretary,
Treasurer and the Officers of the Club all of whom must be
members of the Club. All Committee members must be not less than
16 years of age though the Committee may allow younger member(s)
to attend their meetings as observers without power to vote.
7.2 The Committee
members shall be proposed, seconded and elected by ballot at the
Annual General Meeting. Election to the Committee shall be for
two years. One third of the members of the Committee shall
retire annually but shall be eligible for re-election, the
members so retiring being those who have been longest in office.
Any casual vacancy occurring by resignation or otherwise may be
filled by the Committee but any member so chosen shall retire at
the next Annual General Meeting but shall be eligible for
re-election at that Meeting.
7.3 Committee
meetings shall be held not less than 6 times/year 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 two days oral 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 as required
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 not be counted
in establishing whether a quorum is present.
7.6 The Committee
may from time to time appoint from among their number 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. 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.
7.8 The members
of the Committee shall be entitled to an indemnity out of the
assets of the Club for all expenses and other liabilities
properly incurred by them in the management of the affairs of
the Club.
8
Officers [and
Honorary Members]
8.1 The Officers
of the Club shall be proposed, seconded and elected 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.
8.2 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 association 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.
8.3 The Committee
may elect any person as an honorary member of the Club for such
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 his
ordinary membership of the Club. Such honorary members must be
included in the Club’s annual return as to membership.
9
Annual General Meeting
9.1 The Annual
General Meeting of the Club shall be held each year on a date
falling within the period [1 September (“the
Opening Date”) and 31 October (“the Closing Date”)]. The date
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
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 of the Committee shall be
made in writing by the proposer and seconder to the Secretary
not later than 10 September (i.e. 21 days before the
Opening Date specified above). 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 less than 21 days before the Opening Date.
10
Special
General Meeting
10.1 A Special
General Meeting may be called at any time by the Committee. 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 7 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 Members
must be given 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 Notice of Meeting shall
in addition wherever possible be displayed on the Club Notice
Board where one exists.
11.2 The quorum
for the Annual and Special General Meetings shall be 7 members
entitled to attend and vote at the Meeting or such number as
represents [one-tenth] in number of such members.
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. Paid up members who have reached their 16th
birthday shall be entitled to be heard and to vote on all
matters. [Members who have not reached their 16th
birthday shall be entitled to be heard and vote only on those
matters determined by the Chairman as matters concerning
juniors.]
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. No amendment to the rules shall become
effective until such amendment shall have been submitted to and
validated by ASA South West Region.
12.2 Any member
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 10 September in the case of the
Annual General Meeting or (in the case of a Special
General Meeting) 14 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
above £50.00 shall be drawn from that account except by cheque
signed by two of the four signatories who shall be the Chairman,
the Treasurer and two other named Committee Members who shall be
appointed by the Committee. 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 think fit.
14.5 The financial
year of the Club shall be the period commencing on 1st
August and ending on 31st July. Any change to the
financial year shall require the approval of the members in a
General Meeting.
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.
17.2 The
dissolution shall take effect from the date of 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.
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 should
appear on Club membership forms and should be signed by the
member and must also be countersigned by parent or guardian of
members less than 18 years of age:
I acknowledge receipt of the
rules of 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.
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