RULES of CIRENCESTER SWIMMING & WATER POLO CLUB

The following are the Rules of Cirencester Swimming and Water Polo Club as at 5 th March 2007 .

1. NAME 

1.1 The name of the Club shall be CIRENCESTER SWIMMING & WATER POLO CLUB.

 

2. OBJECTS

2.1 The objects of the Club shall be the objects of the Amateur Swimming Association and in particular to the teaching, development, practice, and to encourage the art of competitive swimming in all its branches.

2.1.1 The Club is committed to treat everyone equally within the context of their activity, regardless of gender, ethnic origin, religion, disability or political persuasion.

2.1.2 The Club shall implement the A.S.A. Equal Opportunities policy.

2.2 The Club shall be affiliated to South West Region Amateur Swimming Association (and shall adopt and conform to the rules of such association) and such other bodies as the Club may determine from time to time.

2.3 The business and affairs of the Club shall 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 the right to have fun, be safe and be protected from harm; and

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 South West Region A.S.A. & Gloucester County A.S.A. the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 South West Region A.S.A. and Gloucester County A.S.A.

2.4.2 the Amateur Swimming Association (to include the ASA/IIOS 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 Governing Body Rule shall prevail.

  

3. MEMBERSHIP

3.1 The Executive Committee shall have the power to restrict membership if, in its opinion, it is expedient to do so.

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, instructors, teachers and coaches, whether employed, self employed or voluntary, 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.

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 swimmer's parent or guardian). Election to membership shall be determined by the Membership Officer but other persons authorised by the committee may make recommendations 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 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 binding and final.

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 AND OTHER FEES

4.1 The annual member's subscription and coaching and squad fees (as applicable) shall be determined by the Committee and the Committee shall in so doing make special provision for different classes of membership. Proposed fees to be presented and confirmed at the AGM to take effect from 1 st April of that year, for the next 12 months unless changed by an EGM.

4.2 The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter immediately after the Annual General Meeting each year. All fees to be paid by standing order unless other arrangements have been agreed.

4.3 Any member whose subscription is unpaid by the date falling 30 days after the due date for payment shall 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. Any member who leaves the Club owing it money shall be notified to the A.S.A.

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 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 

5.1 A member wishing to terminate his or her membership of the Club must give to the Secretary written notice of his/her resignation so as to reach him/her not later than December 31 st , failing which he/she shall be liable for the following year's subscription . A member's resignation will 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 three months in arrears 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 to him/her or sent by post to his/her last known address.

 

6. EXPULSION AND OTHER DISCIPLINARY ACTION

6.1 The Committee shall have the power to expel a member when, in its opinion, it would not be in the interests of the Club for him or her 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 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 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 penalty unless the panel hearing the complaint shall by a two-thirds majority vote in favour of the suspension, exclusion or expulsion of the member.

6.4 The Officers of the Club (or any person to whom the Committee shall delegate this power) may suspend or temporarily 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 any complaint will thereafter be dealt with in accordance with the Guidelines.

  

7. COMMITTEE

7.1 The Committee shall consist of the Chairman, Hon Secretary and Hon Treasurer (together “the Officers of the Club”) and a minimum of 5 elected members all of whom must be members of the Club. The Club shall have a Welfare Officer who shall not be or a relative of any of the executive officers, the Coach, the club teachers or the Team Manager.

All Committee members must not be less than 18 years of age though the Committee may allow younger members to attend their meetings as observers 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 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 quarterly save where the Committee shall by a simple majority resolve not to meet, and the quorum of that meeting shall be at least 50% of those eligible to vote, including at least 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 notice of a 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 vote. The Secretary, or in his/her absence a member of the Committee, shall take the 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 4 further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall not 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 such sub-committees as they may consider necessary. The Committee defines terms of reference of such sub-committees and delegates to them such powers and duties as the Committee may determine. All sub-committees shall 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 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 the power to make regulations and to settle disputed points not otherwise provided for in these Rules.

7.8 The members of the Committee shall be entitled to an 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.

7.9 The Club shall retain the minutes of all meetings for a minimum of 6 years.

7.10 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.

 

8. OFFICERS AND HONORARY MEMBERS

8.1 The Officers and Committee of the Club shall be proposed, seconded and elected at the Annual General Meeting and shall hold office until the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Committee.

8.2 The Annual General Meeting of the Club, if it thinks fit, may elect a President and Vice-President/s. A President or Vice-President need not be a member of the association but 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 A.S.A.

8.3 The 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 of membership.

 

9. ANNUAL GENERAL MEETING

9.1 The Annual General Meeting of the Club shall be held each year on a date falling within the period 1 st January and 28 th February. 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 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 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 Officers and other members of the Committee;

9.2.5 To decide on any resolution or proposals that has been 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 21 days before the Annual General Meeting. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not less than 21 days before the Annual General Meeting.

 

10. SPECIAL GENERAL MEETING

10.1 A Special General Meeting may be called at any time by the Committee or by notice in writing from an agreed number of members. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him or her of a requisition in writing signed by at least 10 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.

 

11. PROCEDURE AT THE ANNUAL AND SPECIAL GENERAL MEETINGS

11.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address written notice of the date, time and place of the General Meeting together with the resolutions to be proposed there at least 14 days before the meeting and, in the case of the Annual General Meeting a list of nominees for the Committee posts. 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 a minimum of 7 members entitled to attend and vote at the Meeting or, if greater such number as represents one tenth of such members.

11.3 The Chairman of the Club, or in his absence a member selected by the Committee, shall take the chair 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 and for a Special General Meeting to Rule 10.1. 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 16 th birthday shall be entitled to be heard and to vote on non-financial matters. Only paid up members who have reached their 18 th birthday shall be entitled to be heard and vote on all matters. (Members who have not reached their 16 th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors, such as the elections of club captains.)

11.4 The Secretary, or in his/her 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 General Meeting or Special General Meeting provided that the resolution is carried by a majority of at least two-thirds of members present and voting at the General Meeting. No amendment 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 Gloucester County A.S.A.

 

13. BY-LAWS

13.1 The Committee shall have power to make, repeal and amend such by-laws as they may 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

14.1 All money 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 four signatories one of who must be the Treasurer. Any money not required for immediate use may be invested as the Committee in its discretion thinks 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 the power to authorise the payment of remuneration and expenses to any officer, member or employee of the Club and to any other person for services rendered for the purpose of awards, or for expenses in accordance with A.S.A. Law.

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 January 1 st and ending on December 31 st . 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.

 

15. BORROWING

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 repayments 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 issue 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. PROPERTY

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 the Chairman, Hon Secretary, and Hon Treasurer 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. DISSOLUTION

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. ACKNOWLEDGEMENT

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.

The following statement needs to appear on Club membership and is to be signed by the member and must also be countersigned by the parent, or a person having parental responsibility for the member, if under 18 years of age.