Club Constitution

  1. Name
    • The name of the club shall be Wells Swimming Club.

 

  1. Objects
    • The objects of the club shall be the objectives of the Amateur Swimming Association (ASA) and in particular Competitive Swimming and Water Polo. In the furtherance of these objects :
      • The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.
      • 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.

 

  • The club shall be affiliated to the Amateur Swimming Association South West Region and Somerset Amateur Swimming Association such other bodies as the Club may determine from time to time.

 

  • 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:
    • All competing members shall be eligible competitors as defined in ASA Laws; and
    • The Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and
    • Members of the club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.

 

  • By virtue of the affiliation of the Club to Amateur Swimming Association South West Region (ASA SWR) and Somerset Amateur Swimming Association (Somerset ASA) the Club and all members of the club acknowledge that they are subject to the laws and rules of:
    • Somerset ASA and ASA SWR,
    • The ASA; (to include the ASA/IOS, Institute of Swimming Code of Ethics); and
    • British Swimming (to include in particular the Doping Control Rules and Protocols and Disciplinary Code); and
    • FINA, the world governing body for the sport of swimming in all it disciplines (together “the Governing Body Rules”)

 

  • In the event there shall be any conflict between any rule or by-law of te Club and any of the Governing Body Roles then the relevant Governing Body Rule shall prevail.

 

  1. Membership
    • 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 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, 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.

 

  • 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 swimmer under 18 years of age the application must be signed by the swimmer’s parent of guardian). Election of membership shall be at the discretion of the Committee or other authorised person(s) may accept or reject membership and shall not 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 (“Review Panel”) comprised of not less than three members (who may or may not be members of the Committee). The panels shall [wherever practicable] include one independent member nominated by the ASA. 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 who’s decision shall be final and binding.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.
  1. Subscription and Other Fees
    • The annual member subscriptions and coaching fees 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 be determined. 
    • The annual subscription fee shall be due on joining the Club and thereafter on the 1st day of October each year.
    • Any member whose subscription is unpaid by the date falling 30 dys after the 1st October 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.
    • 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 subscription as shall, where the club pays the individual ASA Membership Fees to the ASA on behalf of members, be consequential upon increase individual ASA membership fees. Any increase in subscriptions shall be advised to the members at the next Annual General Meeting.
  2. Resignation
    • 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 affect when this (Rule 5.1) 
    • Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two months in arrears shall be deemed to have resigned. Where the membership of a member shall be terminated in the 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 known address.
  3. Expulsion and other Disciplinary Procedures
    • The Committee shall have the power to expel a member when, in 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. 
    • 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. 
    • 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.
    • 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.
  4. Committee
    • The Committee shall consist of the Chairman, Secretary, Treasurer together with such additional secretaries (e.g.: Fixtures Secretary) as required to manage specific activities of the Club together “the Officers of the Club” and the elected members all of whom must be members of the Club. The Committee will consist of no more than 14 members including Officers. “The Officers of the Club” must no less than 16 years of age though the committee may allow younger member(s) to attend their meetings as observers without power to vote.
    • The Committee Members shall be proposed, seconded and elected by ballot at the Annual General Meeting (AGM) each year and shall remain in office until their successors are elected at the next AGM. 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 8.1)
    • 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 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 two days oral *(or written) notice of a meeting. Decisions of the Committee shall be made by simple majority (and in the event of equality of votes the Chairman (or the Acting Chairman of the meeting) shall have the casting or additional vote). The Secretary, or in his absence member of the committee, shall take minutes.
    • In event that a quorum is not present with in 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 the minimum notice contained in Rule 11.1 shall not apply. 
    • In addition to the members so elected to the Committee may co-opt (up to the maximum committee size as detailed in Rule 7.1) further members of the Club who shall serve until the next AGM. Co-opted members shall be entitled to vote at meetings of the Committee.
    • 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 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 direction of the Committee.
    • The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms of service of employees of the Club. The Committee shall have power to enter into contracts for the purpose 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 may be examined by an independent examiner to be appointed by the members in General Meeting. The Committee shall also have the power to make regulations and to settle disputed points not otherwise provided for in this Constitution.
    • The members of the Committee shall be entitled to 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.
    • 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 ASA office. The Club shall make an annual return to the ASA in the prescribed form.
  5. Officers and Honorary Members
    • The Officers and Committee of the Club shall be proposed, seconded and elected (by ballot) at the AGM and shall hold office until the next AGM 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.
    • The AGM 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 offcio, be an honorary member of the club and must be included in the Club’s annual return of members to the ASA.
    • The Committee may elect any person as an honorary member of the club for such period as they think fit and the 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 members must be included in the Club’s annual return to membership.
  6. Annual General Meeting (AGM)
    • The AGM of the Club shall be held each year on a date falling in the period 1 September (“the opening date”) and 31 October (“the Closing Date”). The date of the AGM shall be fixed by the Committee.
    • The purpose of the AGM id to transact the following business:
      • To receive the Chairman’s report of the activities of the Club during the previous year.
      • To receive and consider the accounts of the Club for the previous year and report on the accounts of the independent examiner and the Treasurer’s report as to the financial position of the Club.
      • 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 officer;
      • To elect the officers and other members of the Committee
      • To decide on any resolution which may be duly submitted in accordance with rule 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 21 days before the opening date specified above. The nominee shall be require to indicate in writing on the nomination form their willingness to stand for election. Notice of any resolution proposed to be moved at the AGM shall be given in writing to the Secretary not less than 21 days before the opening date.
  7. Special General Meeting (SGM)
    • A SGM may be called at any time by the Committee. A SGM shall be called by the Secretary within 28 days of receipt by them of a requisition in writing signed by not less than 7 members entitled to vote at a General Meeting or (if greater) such members as represents one-tenth in number of such members stating the purposed for which the meeting is required and the resolutions proposed. 
  8. Procedure at the Annual and Special General Meetings
    • 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 at least (14) days before the meeting and in case of the AGM a list of the nominees for the Committee posts and a copy of the examined accounts. The Secretary may, alternatively, with the agreement of the member(s) concerned distribute materials by email or similar form of communication. The Notice of the Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.
    • The quorum of the Annual and Special General Meetings shall be 7 members entitled to attend and vote.
    • The Chairman, or in their absence a member of the Committee, shall take the Chair. Each member present shall have one vote and resolutions shall be passed by simple majority. For procedure for submitting resolutions to be considered at a General Meeting members are referred to Rule 9.3. In the equality of votes the Chairman shall have a casting or additional vote. Paid up members who have not reached their 16th birthday shall be entitled to be heard and to vote only on those matters determined by the Chairman as matters concerning Juniors (Such as the election of Club Captains).
    • The Secretary, or in his absence a member of the Committee, shall take the minutes at the Annual or Special General Meetings.
    • 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.
  9. Alterations of the Rules and other Resolutions
    • 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 and validated by Somerset ASA or ASA SWR.
    • (Any member) (Such number of members as represent 1/10 in number of the members 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 24 hours previous, in the case of the AGM or, in the case of a SGM, 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.
  10. By-Laws
    • The Committee shall have the power to make, repeal and amend such by-laws as they 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. 
  11. Finance
    • 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 monies not required for immediate use may be invested as the Committee in it’s discretion think fit.
    • 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 of the Club.
    • The Committee shall have the 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.
    • The financial transactions of the Club shall be recorded by the Treasurer in such a manner as the Committee think fit.
    • The financial year of the Club shall be the period commencing on 1st August and ending on 31st July – with the opening date a day later. Any change to the financial year shall require approval of the members in a General Meeting.
    • 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.
  12. Borrowing
    • 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 prior approval of a General Meeting for any other expenditure, additions or improvements.
    • When so borrowing the Committee shall have the power to raise in any way any sum or sums of money and to raise and secure the repayment of any sum or sums of money in such a manner or on such terms and conditions as it thinks fit and in particular by mortgage or charge upon or by the issues of debentures charged upon all or any part of the property of the Club.
    • The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums borrowed.
  13. Property
    • 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 resolution.
    • The Custodians shall be elected at a General Meeting of the Club and shall hold the office until death or resignation unless removed by resolution passed at a General Meeting.
    • The Custodians shall be entitled to an indemnity out of out of the property of the Club for all expenses and other liabilities properly incurred by them in discharge of their duties.
  14. Dissolution
    • 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 dissolution.
    • 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. 
    • 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 the club for the furtherance of such objects) nominated by the committee. OR (see Guidance notes 6 and 12 ref Taxation and VAT).
  15. Acknowledgment
    • The members acknowledgement that these rules constitute a legally binding contract to regulate the relationship of members with each other and the Club.

 

 

As agreed 2/4/13.

 

Printable copy of the constitution