Hoddesdon Swimming Club Constitution

RULES (updated 24th June 2008)

1. Name

1.1 The name of the Club shall be Hoddesdon Swimming Club.

1.2 The club colours shall be Blue / Red / White

1.3 The Headquarters shall be ‘c/o’ the address of the Hon. Secretary of the Club.

2. Objects

2.1 The objects of the Club shall be the objects of the ASA and in particular promote the teaching and practice of swimming. In the furtherance of these objects:

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

2.1.2 The 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.

2.2 The Club shall be affiliated to the ASA East Region (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 at all times be conducted in accordance with the Laws and Technical Rules of the ASA (“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

2.3.3 Members of the Club shall in accordance with A.S.A. Laws comply with the A.S.A. Child Protection Procedures and

2.3.4 abide by the Hoddesdon Swimming Club Code of Conduct for all competitive swimming squads (Appendix 1)

2.4 By virtue of the affiliation of the Club to the ASA East Region, Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 the ASA East Region; and

2.4.2 the ASA; (to include the A.S.A./ISTC Code of Ethics); and

2.4.3 the British Swimming (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.

3.2 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.

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.

3.3 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 in the discretion of the Committee or other person(s) authorised by the Committee. The Committee or such authorised person(s) shall not be required to give reasons for the refusal of any application for membership.

4. Subscription and Other Fees

4.1 The annual member’s 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] OR [the Annual General Meeting] shall determine.

4.2 The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter on the 31st day of March each year.

4.3 Any member whose subscription is unpaid by the date falling 30 days after the 31^st March 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.

4.4 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 A.S.A. on behalf of members, be consequential upon an increase in individual A.S.A. 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 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.

5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two 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

6.1 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.

6.2 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 as an 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 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.

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 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, Vice Chairman, Hon Secretary, Hon Treasurer, Fixtures Secretary, Membership Secretary, Fund Raising Secretary, Gala Co-ordinator [together with such additional secretaries (e.g.: Press Secretary) as required to manage specific activities of the Club] (together “the Officers of the Club”) and all 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.

7.2 The Committee members shall be proposed, seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until 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 The Committee shall appoint a Chief Coach. The Chief Coach shall be co-opted to the Committee and shall have voting rights. The Chief Coach and Committee shall determine, arrange and supervise a programme of teaching to swim, stroke development and competition activities to cater adequately for all levels of ability.

7.4 Committee meetings shall be held at least once every 8 weeks and the quorum of that meeting shall be five persons. At each meeting the Committee shall receive a report from each of the Officers plus any other business. 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. Decisions of the Committee shall be made by a simple majority [and in the event of equality of votes the Chairman (or the acting Chairman of

that meeting) shall have a casting or additional vote]. The Secretary or, if absent, a member of the Committee, shall take minutes.

7.5 In 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 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, 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.

7.7 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 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.

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 Committee shall maintain a 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 ASA Office. The Club shall make an annual return to the ASA in the prescribed form.

8. Annual General Meeting

8.1 The Annual General Meeting of the Club shall be held on a date during November in each year fixed by the Committee.

8.2 Additions, deletions or alterations to the Club rules shall be made only at:

8.2.1 an AGM and any such propositions shall be submitted to the Club Secretary 28 days prior to the date of the AGM or;

8.2.2 an SGM which shall be held within twenty-eight days of the receipt by the Club’s Secretary of any such proposition.

8.3 The purpose of the Annual General Meeting is to transact the following business:

8.3.1 to receive the Chairman and other Officer’s reports of the activities of the Club during the previous year;

8.3.2 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.

8.3.3 to elect the Officers, Honorary members and other members of the Committee, plus the Financial Examiner

9. Special General Meeting

9.1.1 A Special General Meeting may be called at any time by the Committee. 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 five members entitled to attend and vote at a General Meeting, stating the purposes for which the meeting is required and the resolutions proposed.

10. Procedure at the Annual and Special General Meetings

10.1 Each Member in Subscription shall be given notice of an AGM (or SGM) not less than fourteen days before the date of the meeting. Such notice shall include an agenda containing all items for discussion and decision. The Secretary shall personally be responsible for the handing out or sending/emailing 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 passed. The Notice of Meeting shall in addition, wherever possible, be displayed on the Club Notice Board where one exists.

10.2. Only Senior Swimming Members and Associate Members may speak and vote at an AGM or SGM. Twelve such Members shall form a quorum. In exceptional circumstances and by special notice from the Committee, Junior Swimming Members may be entitled to vote on matters concerning only Juniors.

10.3 The Chairman or, in his absence, a member selected by the Committee, shall take the chair.

10.4 The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.

10.5 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.

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 to the rules shall become effective until such amendment shall have been submitted to, and validated by, the ASA East Region.

12. By-Laws

12.1 The 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.

13. Finance

13.1 All moneys payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. All cheques to have two of the four signatories who shall be: - the Chairman; Club Shop Secretary; Hon. Secretary and Treasurer. Any moneys not required for immediate use may be invested as the Committee, in its discretion, thinks 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. The Club is a non-profit making organisation. All profit and surpluses will be used to maintain or improve the club’s facilities. No profit or surplus will be distributed, other than to another non-profit making body, to members on winding up or dissolution of the club (in accordance with Rule 16.3).

13.3 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.

13.4 The financial transactions of the Club shall be recorded by the Treasurer, in such manner as the Committee thinks fit.

13.5 The financial year of the Club shall be the period commencing on 1^st September and ending on 31^st August. Any change to the financial year shall require the approval of the members in a General Meeting.

14. Property

14.1 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.

14.2 The 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. They shall be known as the Club President and three Vice- Presidents.

14.3 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.

15. Liability

15.1 The Club shall not be responsible for any loss of property, injury or accident to any person or willful damage caused by a Member.

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 repayment of any sum 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.

16. Dissolution

16.1 A resolution to dissolve the Club shall only be proposed at a Special Meeting and shall be carried by a majority of at least two thirds of the members present and entitled to vote.

16.2 The 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.

16.3 Any property remaining after the discharge of the debts and liabilities of the Club shall pass to the ASA East Region.

17. ACKNOWLEDGEMENT

17.1 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 should appear on Club membership forms and should be signed by the member and must also be countersigned by parent or guardian of members under 18 years of age:

I acknowledge receipt of the rules of Hoddesdon 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.

Signed …………………………………………. Member

Signed …………………………………………. Parent/Guardian (if member under 18yrs of age)

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