|
RULES of Bristol Central Swimming Club
(as approved by Gloucester County ASA on 11 Sept 2007 and endorsed at the BCSC AGM on 23 November 2007)
1. Name
2. Objects
2.1 The objects of the Club shall be to teach the art of swimming and promote competitive swimming, synchronised swimming and water polo. In addition the Club will aim to provide such means of recreation and entertainment as the Committee think fit.
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 South West Region and Gloucester County ASA, and shall adopt and conform to the laws, rules and constitution of these bodies, 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 Gloucester County ASA and ASA South 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 Gloucester County ASA and ASA South West 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 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 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, technical and non-technical officials and temporary members.
Teaching and training during the Club sessions shall be carried out by recognised Club Instructors and Coaches who are registered with the ASA Child Protection procedures and have agreed to accept the ASA Code of Ethics for Teachers and Coaches. A list of recognised Instructors and Coaches will be updated each year. Variations to the list will be made during the year by the Management Committee at the recommendation of the Sub Committees. Such recognised Club Instructors and Coaches shall be granted Honorary Membership of the Club for the current year. Such membership shall not entitle the Member to compete under the name of the club or train in Club sessions without the express permission of the appropriate Director. Honorary Members aged 14 or over may vote at any General Meeting.
3.2 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.
Swimming Members Any person who wishes to become a member of the Club must submit a signed application form to the Secretary (and in the case of a junior swimmer the application must be signed by the swimmer’s parent or guardian) together with the appropriate joining fee, ASA registration fee and a completed Standing Order authorisation form (for any monthly club fees). Election to membership shall be determined by the General Committee at their next Meeting but other person(s) authorised by the committee may make a recommendation as to the applicant’s acceptability. The Committee or such authorised person(s) shall be required to give reasons for the refusal of any application for membership and all fees and the Standing Order authorisation form shall be returned. 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 South 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.
3.4 Members will be limited to those sessions relevant to their ability as recommended by the Coaches. Use of club training times may be restricted at any time, at the discretion of the Coach in charge of the session involved, to those members who are eligible and prepared if selected to represent Bristol Central Swimming Club, in preference to any other affiliated club.
Members may compete for Club Championships and Trophies provided that Member is eligible and prepared to represent Bristol Central Swimming Club in preference to any other club in that particular discipline.
Regular attendance for club training will be a pre-requisite for acceptance/selection for competition under the name of Bristol Central Swimming Club unless there are exceptional, or particular, circumstances that are acceptable to the selection committee.
3.5 Associate Members can be elected on payment of a minimum of the Associate Member fee shown in the handbook and if approved by the General Committee. Such a member will not be entitled to compete under the name of the club and train in club sessions without the express permission of the appropriate Director. Associate members, aged 14 or over, may vote at any General Meeting.
One parent, with children who are members of Bristol Central Swimming Club, may apply to become an Associate Member with voting rights, providing all such children are under 14 years and at least one has been a member for one year. There will be no annual fee for such membership but when the oldest becomes 14 Associate membership may only continue on payment of the appropriate Annual membership fee.
3.6 Complimentary and/or Life Members Members assembled at any General Meeting may confer a Complimentary Membership for a term, or for life, on any person for services rendered or anyone they deem worthy of such recognition.
Members changing residence shall give notice thereof to the Hon. Secretary.
3.8 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 Subscription, Other Fees and Resignation
4.1 The annual members subscription and pool 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. 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.
4.2 The annual subscriptions for Associate members will be listed in the Club Handbook and will become due on the 1st December each year. The Committee may decide to reduce the Subscription due for those Associate members joining after 1st June.
4.3 Other membership subscriptions, including Annual membership, Affiliation Fees, but not ASA Registration fees, will be combined with the pool fees and paid monthly, in advance, by Standing Order.
ASA Registration Fees will be collected separately on an annual basis by 31 March. Information on current charges will be contained in the Handbook and displayed on the notice board at the University pool. Members shall not be entitled to the club privileges or to compete in competition until all liabilities to the club have been paid.
4.5 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 4.5) has been complied with.
4.6 Notwithstanding the provisions of Rule 4.5 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.
5 Expulsion and other Disciplinary action
5.1 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 5.2 and 5.3 below
5.2 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 in the A.S.A. Judicial Rules (180 – 185.4) and appear in the A.S.A. Handbook.
5.3 A member may not be expelled or (subject to Rule 5.4 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.
5.4 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.
6 Committee
6.1 The Management of the Club shall be vested in a Committee consisting of the following Honorary Executive Officers:- Chairman, General Secretary, Treasurer, and the following Committee members:- President, 3 Section Secretaries, Social Secretary, Swim School Representative, Membership and Registration Secretary and 2 General Committee Representatives. The Executive Officers and 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.
6.2 In addition 3 Directors (1 for Speed Swimming, 1 for Synchronized Swimming and 1 for Water Polo) will be appointed by the General Committee. The length of appointment will be determined by the Committee. Each appointee will be given the status of Honorary Executive Officer and become a member of the Committee. The Committee has the right to invite others to attend a Committee meeting in a non-voting capacity, if it is considered necessary, or desirable, and is in order to assist with the business of the Committee.
6.3 The Committee shall meet eight times per year. Notice shall be sent to each Committee Member at least seven clear days before the meeting. Members being absent without adequate reason from three successive meetings may be considered no longer a Committee member and another Club Member may be co-opted without voting rights, in their place until the next AGM. A quorum of five shall be required for a committee meeting. Committee Standing Orders shall be agreed at the first Committee meeting after the AGM.
6.4 In exceptional circumstances an Emergency Committee meeting can be called without prior notice. It should include all available Committee members and a record of the meeting must be laid before the next General Committee for any necessary ratification.
6.5 The Committee may 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.
6.6 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.
6.7 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.
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 Officers and Honorary Members
7.1 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.
7.2 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 Club’s annual return as to membership.
8 Annual General Meeting
8.1 The Annual General Meeting of the Club shall be held each year on a date in November. The date for the Annual General Meeting shall be fixed by the Committee. The Agenda, Annual Report and Balance sheet shall be made available to each member at least seven clear days before the AGM and information be displayed on the University pool notice board..
8.2 The purpose of the Annual General Meeting is to transact the following business:
8.2.1 to receive the Annual and Section reports of the activities of the Club during the previous year;
8.2.2 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;
8.2.3 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;
8.2.4 to elect the Executive Officers and other members of the Committee including a Welfare Officer who shall not be, or be a relative of, any of the Executive Officers, the Coach, the Club teachers or the Team Manager.
8.2.5 to decide on any resolution which may be duly submitted in accordance with Rule 8.3.
8.3 Nominations for election of members to any office or for membership of the Committee shall be made in writing by the proposer and seconder one week before the AGM. The nominee must have indicated 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 two weeks before the AGM.
9 Special General Meeting
9.1 A Special General Meeting may be called at any time by the Committee.
9.2 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 12 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.
10 Procedure at the Annual and Special General Meetings
10.1 The quorum for the Annual and Special General Meetings shall be 12 members entitled to attend and vote at the Meeting.
10.2 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. 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 14th birthday shall be entitled to be heard and to vote on all matters
10.3 The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
10.4 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.
11 Alteration of the Rules and other Resolutions
11.1 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 County Association.
12 Finance
12.1 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 14.3.)
12.2 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.
12.3 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.
12.4 The financial year of the Club shall be the period commencing on 1st November and ending on 31st October. Any change to the financial year shall require the approval of the members in a General Meeting.
12.5 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.
13 Property
13.1 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.
13.2 The Custodians shall be elected at the Annual General Meeting of the Club and those elected 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.
14 Dissolution
14.1 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.
14.2 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.
14.3 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.
15 ACKNOWLEDGEMENT
15.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
|
