Constitution

 

Constitutional Rules (Amendment 2007)

1.     Name
1.1          The name of the club shall be Westbury Amateur Swimming Club.

2.     Objects
2.1          The objects of the Club shall be the teaching, development and practice of swimming, elementary diving, synchro, water polo and personal survival for its members.  In the furtherance of these objects:
2.1.1       The Club is committed to treat everyone equally within the context of their 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 ASA Equal Opportunities policy.
2.2          The Club shall be affiliated to ASA Wiltshire and Western Counties Region and shall adopt and conform to the rules of these associations and to any 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 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 ASA Laws, comply with the ASA Child Protection procedures.
2.4          By virtue of the affiliation of the Club to ASA Wiltshire and Western Counties Region, the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1       ASA Wiltshire and Western Counties Region and
2.4.2       The Amateur Swimming Association (to include the ASA/IOS Code of Ethics) and
2.4.3       The Amateur Swimming Federation of Great Britain (to include in particular the British Swimming Doping Control Rules and Protocols and British Swimming 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 ASA and the relevant ASA membership fee shall be paid.
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 at the discretion of the Committee but other person(s) authorised by the Committee may make recommendations as to the applicant's acceptability.  The Committee shall not be required to give reasons for the refusal of any application for membership.  The Club shall not refuse an application for membership on discriminatory grounds, whether in relation to race, age, gender or sexual orientation.

4.     Subscription and other fees
4.1          The annual member's subscription, 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 or the Annual General Meeting shall determine.
4.2          The subscription shall be payable monthly in advance commencing on the first day of the month.
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 of the Club activities from a date to be determined by the Committee and until such payment is made.  For members to be allowed to enter and participate in the Club Championships, they must be fully paid-up first claim members of the Club.  Members are only eligible for Club Championships if all subscription due to date is paid up by 30 days before Block 1 championships.
4.4          The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees.  Any increase in subscriptions shall be advised to the members in writing with the reasons for the increase to be reported to the members at the next Annual General Meeting.

5.     Resignations
5.1          A member wishing to resign from the Club should give the Secretary written notice of their resignation.  A member's resignation shall only take effect when this (Rule 5.1) has been complied with.
5.2          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/she shall be informed in writing that he/she is no longer a member by notice handed or sent in the post to the last known address.

6.     Expulsion or other Disciplinary Action
6.1         The Committee shall  have the power to expel a member when, in its opinion, it would not in in the interests of the Club for the member 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.
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 (unanimously) OR (by 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/teaching 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, Secretary, Treasurer (together with "the Executive Officers of the Club") and can have up to 10 elected members, all of whom must be members of the Club.  The Club shall have a Welfare Officer and Committee members may be elected to the following range of responsibilities: Competition Secretary; Press Officer; Club Coach/s; Trophy Secretary; Learners Officer; Subscriptions and Membership Secretary.  In addition to the members so elected, the Committee may co-opt up to 10 further members of the Club.  Co-opted members shall be entitled to vote at the meetings of the Committee but shall not be counted in establishing whether a quorum is present.  All Committee members must be not less than 18 years of age though the Committee may allow younger members to attend without the power to vote.
7.2          The Committee members shall be proposed, seconded and elected individually and not en bloc 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.
7.3          Committee meetings shall be held not less than one per quarter (save where the Committee itself shall, by a simple majority, resolve not to meet) and the quorum for that meeting shall be 5 (to include not less than one Executive Officer).  The Chairman and Secretary shall have the 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 members of the Committee notice of a meeting and take the minutes if present at the meeting.  Decisions of the Committee shall be made by a simple majority (and in the event of equality of votes, the Chairman (or acting Chairman of that meeting) shall have a casting or additional vote.
7.4          The Committee may appoint from among their numbers such sub-committees as they may consider necessary and may delegate to them some 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.
7.5          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 for the Club for each financial year be examined by an independent examiner to be appointed by the members in General Meeting (the Auditor).  The Committee shall also have the power to make regulations and to settle disputed points not otherwise provided for in the Constitution.
7.6          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.
7.7          The Committee shall ensure that the financial records and minutes of meetings are retained for a period of at least 6 years.
7.8          All accidents to club members at swimming related activities shall be recorded through the accident procedure of the venue.

8.     Officers and Honorary Members
8.1          The Annual General Meeting of the Club 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.
8.2         The Committee may elect any person as honorary member of the Club for such period as it thinks 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/her ordinary membership of the Club.

9.     Annual General Meeting (AGM)
9.1          The Annual General Meeting shall be held each year in November.  The date for the AGM shall be fixed by the Committee.
9.2          The purpose of the AGM 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 by the Auditor and the Treasurer's report as to the financial position of the Club.
9.2.3       To remove or elect the Auditor (who must not be a member of the Committee or a member of the family of a Committee member) 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          Notice of any resolution proposed to be moved at the AGM shall be given in writing to the Secretary at least 21 days before the meeting.

10.    Extraordinary General Meeting (EGM)
10.1        An Extraordinary General Meeting may be called at any time by the Committee.  An EGM shall be called by the Secretary within 28 days of receipt of a requisition in writing signed by not less than 7 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed. 

11.    Procedures at the Annual or Extraordinary General Meeting
11.1        The Secretary shall give written notice of the date, time and place of the General Meeting to all club members at least 14 days before the meeting.  The notice of the meeting shall in addition, wherever possible, be displayed on the Club notice board where one exists and will include the resolutions to be proposed at the meeting.
11.2        The quorum for the Annual and Extraordinary General Meetings shall be 5 members entitled to attend and vote at the meeting.
11.3        The Chairman, or a member selected by the Committee in the Chairman's absence, shall take the chair.  Each member present shall have one vote and resolutions shall be passed by a simple majority.  For theh procedure for submitting resolutions to be considered at the 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 shall be entitled to be heard and to vote on all matters.
11.4         The Secretary, or a member of the Committee in the Secretary's absence, shall take the minutes at the AGM and EGM.
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 AGM or EGM provided that the resolution is carried by a majority of at least two thirds of members present and entitled to vote at a General Meeting.  No amendments to the rules shall become effective until they have been submitted to and validated by such person as authorised to do so by the County Association/ASA Wiltshire and Western Counties Region. 
12.2         Any member shall be entitled to put any proposal for consideration at any General Meeting provided the proposal is in writing and has  been handed to the Secretary at least 21 days before the AGM. or in the case of an EGM, 14 days before the date of the meeting.  The Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 11.1.

13.    Finance
13.1         All monies 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 its discretion, think fit.
13.2         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.
13.3         The Committee shall have the power to authorise the payment or remuneration and expenses to any officer, member or employee of the Club and to any person/s for services rendered to the Club.
13.4         The financial transactions of the Club shall be recorded by the Treasure in such a manner as the Committee thinks fit.

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 winding up of the assets and liability of the Club.
14.2         Any property remaining after the discharge of debts and liability 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
The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.  It is understood that by joining Westbury Amateur Swimming Club, all members have accepted this Constitution and agree to abide by the rules of the Club as laid out in this Constitution.