1. Name
1.1The name of the Club shall be Buntingford Swimming Club
2. Objects
2.1The objects of the Club shall be the objects of the Amateur Swimming Association and to promote participation of the whole community in the sport of swimming. In the furtherance of these objects:
2.1.1The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.
2.1.2The 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.
2.2The Club shall be affiliated to A.S.A. East Region (and its successors in title after regionalisation) 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.
2.3The 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:
2.3.1all competing members shall be eligible competitors as defined in ASA Laws; and
2.3.2the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and
2.3.3members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.
2.4By virtue of the affiliation of the Club to A.S.A. East Region, the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1A.S.A. East Region (and its successors in title) and
2.4.2the Amateur Swimming Association; (to include the ASA/IOS Code of Ethics); and
2.4.3British Swimming (in particular its Doping Control Rules and Protocols and Disciplinary Code); and
2.4.4FINA, the world governing body for the sport of swimming in all its disciplines (together "the Governing Body Rules")
2.5In 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
3.1The 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 with the club's core 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 core 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.A's 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.
3.2Any 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 swimmer's parent or guardian). Election to membership shall be in the discretion of the Committee or other person(s) authorised by the Committee.
3.3Membership of the club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, religion or beliefs; or of age, sex or disability except as a necessary consequence of the requirements of swimming as a particular sport.
3.4The Club may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made to a separate appeals panel and decided by a majority vote.
4.Subscription and Other Fees
4.1The 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.
4.2The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter on the first day of October each year.
4.3Any 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.
4.4The 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
5.1A 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.
5.2Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than three 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.Expulsion and other Disciplinary action
6.1The 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.
6.2The 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.)
6.3A 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 a two-thirds majority) vote in favour of the expulsion of (or other penalty imposed upon) the member.
6.4The 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
7.1The Committee shall consist of the Chairman, Secretary, Treasurer (together "the Officers of the Club") and no more than nine other elected members all of whom must be members of the Club. All Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend their meetings as observers without power to vote.
7.2The 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
7.3Committee meetings shall be held not less than quarterly (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be one less than half the total number of committee members (subject to a minimum of three and 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 seven 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 Chairperson (or the acting Chairperson of that meeting) shall have a casting or additional vote. The Secretary, or in his absence a member of the Committee, shall take minutes.
7.4In 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.
7.5In addition to the members so elected the Committee may co-opt 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.
7.6The 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.
7.7The 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.
7.8The 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.Officers (and Honorary Members)
8.1The 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.
8.2The 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.
8.3The 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
9.1The Annual General Meeting of the Club shall be held each year on a date falling within the period 1st October ("the Opening Date") and 30th November ("the Closing Date"). The date for the Annual General Meeting shall be fixed by the Committee
9.2The purpose of the Annual General Meeting is to transact the following business:
9.2.1to receive the Chairman's report of the activities of the Club during the previous year;
9.2.2to 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;
9.2.3to 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 the incumbent remain in office;
9.2.4to elect the Officers and other members of the Committee;
9.2.5to decide on any resolution which may be duly submitted in accordance with Rule 9.3.
9.3Nominations 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 September (ie 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 later than 10th September.
10.Special General Meeting
10.1A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 21 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 (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
11.1The Secretary shall personally be responsible for advertising to each member 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 Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.
11.2The quorum for the Annual and Special General Meetings shall be 10 members entitled to attend and vote at the Meeting or (if greater) such number as represents one-tenth in number of such members.
11.3The 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 their vote given to a guardian nominated by that member before the start of the meeting.
11.4The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
11.5The 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
12.1The 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 an appropriate representative of the relevant regional governing body (eg ASA East Region).
12.2Any 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 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.By-Laws
13.1The 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
14.1All moneys payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. Signatories to the club account(s) will be the Chairman, Secretary and Treasurer and may include one other serving committee member at the committee's discretion (subject to prior authorisation by the committee). No sum above £50 shall be drawn from that account except by cheque signed by two of the signatories. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit.
14.2The 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.)
14.3The 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.
14.4The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee think fit.
14.5The 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.
15.Borrowing
15.1The 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.
15.2When 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.
15.3The 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
16.1The 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.
16.2The 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.
16.3The 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
17.1A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three û quarters of the members present and entitled to vote.
17.2The 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.
17.3In the event of the dissolution of the Club, any assets remaining after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the Club, but shall be given or transferred to one or more of the following approved sporting or charitable bodies:-
-A registered charitable organisation(s)
-Another Club which is a registered Community Amateur Sports Club
-The sports national governing body for use by them for related community sports
18.ACKNOWLEDGEMENT
18.1The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club. Accordingly, the following statement will appear on Club membership forms. It is requirement of membership that this statement be signed by the member and must also be countersigned by parent or guardian of each member under 18 years of age:
"I acknowledge receipt of the rules of Buntingford Swimming 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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