Barnstaple Swimming Club Constitution
1. The name of the Club shall be: “The Barnstaple Swimming Club
2. The objectives of the Club shall be to teach swimming and to encourage all other related activities. The Club is committed to treat everyone equally within the context of it’s activity. This shall be for example, regardless of sex, ethnic origin, disability or political persuasion, on any grounds. The Club shall implement the ASA Equal Opportunities policy.
3. The Club shall be affiliated to Devon County, “ASA South West 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. The Business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the ASA and in particular.:- all competing members shall be eligible competitors as defined in ASA laws and The Club shall in accordance with ASA Laws adopt the ASA Child Safeguarding 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 protected from harm. Members of the Club shall in accordance with ASA Laws comply with the ASA Child Safeguarding Procedures.
4. The Club shall consist of Honorary, Life, Ordinary, Temporary and Honorary Associate members who are resident of the district. Membership of the Club is achieved by filling in a membership application form stating name address, club activity, allergies, specific health problems, medication being taken as appropriate and signed by the person with parental responsibilities for those under 18 years of age. Persons entering Club Championships shall be members of the Club for 21 days prior to the event and shall be able to represent the Club in the same event subject to completion of entry form requirements. The age group for Club competitions shall be determined by the age of the competitor on 31st December in the year of the competition. The competing members of the Club shall be eligible competitors as defined by the ASA. The membership subscription shall be determined at the Annual General Meeting and notified to the membership.
5. The Committee shall have the power to accept temporary members for a period not exceeding one month and grant honorary associate membership to persons prepared to help with Club activities and generally assist the Committee. Membership under this rule shall not qualify for the requirements of Rule 16.
6. The Club shall be managed by an Executive Committee of members which shall consist of Patrons, President, President Elect, Chairman, Vice Chairman, Honorary Secretary, Club Coach, Registration Secretary, Honorary Treasurer, Competitions and Swimming Honorary Secretary, Senior Swimming Instructor, Water Polo Secretary, Supporters Representative, Club Welfare Officer, Club Captain and six other members plus any co-options which may be approved by the Committee. Officers and Committee shall be current members of the Club. The Chairman has the casting vote regarding items to be decided by a simple majority and 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. The Treasurer will be responsible for recording all financial transactions. 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 withdrawn from that account except by cheque signed by two of the three signatories who shall be the President, Secretary and Treasurer. Any monies not required for immediate use may be invested as the Committee in it’s discretion think fit. The Committee will be responsible for approving Finance and the recording of minutes (to be kept for a minimum of six years). The Committee shall meet monthly and the dates for these meetings are to be agreed at the first meeting after the AGM. 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 Club. The Committee shall have power to make regulations, create bye-laws and to settle disputed points not otherwise provided for in this Constitution. The Club shall have a Welfare Officer.
7. The Committee, other than the Club Captains (who will be appointed annually by the Committee) shall be elected by ballot at the AGM except for the President and the President Elect who shall be elected for a minimum period of three years and for the Chairman who shall be elected for a period not exceeding three years. The Committee shall have the power to fill any vacancy which may occur by resignation or otherwise. The retiring officers and other members of the Committee shall be automatically nominated for re-election. A Special General Meeting may be called for a specific purpose at any time, either by the Committee or by notice in writing from at least seven members or 10% of the membership if greater.
8. AGM:- Members will be notified of the date for the AGM 21 days prior to the date which will be in the month of June when Annual reports on the activities of the Club during the previous year will be presented. The Treasurer will present the accounts of the Club for the previous year and give a report as to the financial position of the Club. The accounts must be audited by an independent person who is not a member of the Committee or a member of the family of a member of the Committee. The election of officers and Committee for the ensuing year shall take place. All Honorary, Life and Ordinary members over the age of eighteen on the 1st June preceding the AGM will be allowed to vote at the meeting .All voting to be by a majority. Any alterations to rules and conditions are to be submitted to the Secretary in writing at least 14 days prior to the AGM. The Secretary must obtain clearance/approval of these changes from the Devon County ASA.
9. Second Claim Members of the Club must conform to a training schedule agreed by the Club Coach and must be prepared when selected to compete for the Club in events when not required by the Club holding the first claim membership. Resignation of any member must be made in writing to the Honorary Secretary. The ASA to be notified if any registered member leaves the Club owing money.
10. The Committee shall have the power to refuse application for membership from any person if they deem this to be in the best interest of the Club but reasons must be given for the refusal. The Committee acknowledge that membership may not be refused on discriminatory grounds.
11. All complaints and protests must be made in writing to the Honorary Secretary (protests within three days) who will lay the same before the Committee. For any dispute all parties must be treated fairly, the complainant must have the opportunity to present the case and the person/s who is the subject of the complaint must have the opportunity to respond.
12. The Club shall comply with the relevant Judicial Rules for handling Internal Club Disputes (“The Rules”) as the same may be revised from time to time. The Rules are set out in the ASA Judicial Laws and appear in the ASA Handbook. Any member not observing the foregoing rules or the rules of the ASA relative to swimming clubs or who shall refuse to obey the reasonable commands of the Committee or shall do anything which may become a nuisance or annoyance to the public shall, at the discretion of the Committee be excluded or suspended from the Club and shall forfeit the current year’s membership subscription. “Any disciplinary action against a Club member shall be supported by a written statement of the reasons for such action”. Anyone, against whom such action has been taken, shall have the right to appeal within twenty-one days to the Club Emergency Committee. The Club Emergency Committee shall consist of: Club President, Chairman and Honorary Secretary. Each having the power to delegate if required.
13. The Committee shall have the power to draw up such further rules and regulations as is deemed necessary and should any questions arise, not provided for in these rules, such questions shall be decided by the Committee at their discretion.
14. A selection committee of three persons to include Water Polo Coach and the respective Water Polo Captains shall be appointed by the Committee to select Water Polo Teams.
15. A selection committee consisting of the Club Coaches and Competition Secretary shall be appointed by the Committee to select senior and junior swimmers to compete as club representatives in Club, County and other events arranged by the Competition Secretary for the Club
16. All nominations for Officials and Committee members shall be sent to the Honorary Secretary seven days before the AGM and shall include signatures of the proposer, seconder and the nominee, all of whom must be Club members. Temporary and Honorary Associate membership do not qualify. Fully paid members only acceptable for the purpose of this rule, should insufficient written applications be received to fill the vacancies, nominees may be made from the floor in the presence of the nominee, membership to be verified by the Honorary Secretary.
17. All meetings of the Committee shall have a quorum consisting of at least seven persons.
18. The Club year shall commence on September 1st and end on August 31st, but the Financial Year shall commence on June 1st and end on May 31st. The AGM will be held in June .The Annual membership fees for the coming year will be announced at the AGM..
19. Dissolution. A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least ¾ of the members present and entitled to vote. A specific date for the resolution shall be included in the resolution. 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. 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 organisations having objects similar to those of the Club for the furtherance of such objects) or to other purposes approved by the Commissioners of Customs and Excise.
20. The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
21. Members are advised that details of all insurance cover and the Club’s Child Protection Policy are displayed on the Club notice board and available from the Child Welfare Officer or the Honorary Secretary. It must be noted that personal accident cover is the responsibility of the Member/Parent/Guardian. The Club’s Accident Reporting book will
be maintained at all times and the Secretary will send an annual report of accidents to the ASA on/or directly after the AGM.
Amended June 2011.
Joan Squire, Hon Secretary