RULES of Cleethorpes & District Swimming Club
1.1 The name of the Club shall be
.Cleethorpes & District Swimming Club
(C.A.D.S.)
2.1 The objects of the Club shall be the
teaching, development and practice of swimming, 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 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 East Region, and shall adopt and conform to the rules of this
Association, 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 everyones 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 East Region, the Club and all members of the Club acknowledge
that they are subject to the laws, rules and constitutions of:
2.4.1 ASA
North East Region; and
2.4.2 the
Amateur Swimming Association (to include the ASA/IOS Code of Ethics); and
2.4.3 British
Swimming (in particular its Doping Control Rules and Protocols and Disciplinary
Code); 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.
3.1 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 clubs
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 clubs
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.As educational certificates.
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.
3.2 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 swimmers
parent or guardian). Election to membership shall be determined by the
Membership Officer and other person(s) authorised by the committee may make
recommendation as to the applicants acceptability. The Membership Officer 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 (Review Panel) 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 East 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.
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.
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 first day of November 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.
5.1 A member wishing to resign
membership of the Club must give to the Secretary written notice of his
resignation. A members 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 3 months in arrears 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.
6.1 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 The Club shall adopt and comply with
the A.S.A. 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 A.S.A. Judicial Laws and appear in the A.S.A. Handbook. (A copy
of the current Guidelines may be obtained from the A.S.A. 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 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.
7.1 The Committee shall consist of the
Chairman, Secretary, Treasurer
(together the Executive Officers of the Club) and up to 8 elected
members all of whom must be members of the Club. The club shall have a Welfare
Officer. 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. (See also 8.1)
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 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 notice of a meeting. Decisions of the Committee shall be made by a simple
majority (and in the event of an 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 5 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 its number such
sub-committees as they may consider necessary and to remove 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. The Committee shall also have
power to make regulations and to settle disputed points not otherwise provided
for in this Constitution.
7.8 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.
8.1 The
Executive Officers and Committee 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.
8.2 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 Clubs Annual Return of Members to the A.S.A.
8.3 The Committee may elect any person
as an honorary member of the Club for such period as it thinks 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 Clubs annual return
as to membership.
9.1 The Annual General Meeting of the
Club shall be held each year on a date in January. 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 Chairmans 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 December.
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 December
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 10 members entitled to
attend and vote at a General Meeting such members stating the purposes for which the meeting is
required and the resolutions proposed.
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 where one exists.
11.2 The
quorum for the Annual and Special General Meetings shall be 10 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 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, 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. 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
North East 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 10th
December 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.
13.1 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.
14.1 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 1000.00 pounds )
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.
15.1 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.
16.1 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.
17.1 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.
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.