Club Constitution

Rules of Barnet Copthall Swimming Club – Issue 5: 7th November 2016

1.          Name

1.1           The name of the Club shall be Barnet Copthall Swimming Club. The headquarters shall   be at Barnet Copthall Leisure Centre, Champions Way, Hendon, London NW4 1PS.

2.          Objects

2.1           The objects of the Club shall be the objects of the Amateur Swimming Association and

In particular the promotion of all sections of swimming, diving and synchronised swimming. In the furtherance of these objects:

2.1.1 The Club is committed to treat everyone equally within the context of its 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 A.S.A. Equalities policy.

2.2           The Club shall be affiliated to ASA London 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.

2.3           The business and affairs of the Club shall at all times be conducted in accordance with

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.

         

          2.3.4   All members are deemed to acknowledge the Club’s code of conduct and by

                    Applying for membership agree to abide by the code.

2.4           By virtue of the affiliation of the Club to ASA London Region, the Club and all members

Of the Club acknowledge that they are subject to the Laws and rules of:

2.4.1   ASA London Region and

2.4.2   The Amateur Swimming Association; (to include the ASA/IOS Code of Ethics); and

         

2.4.3   British Swimming (in particular it’s 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 relevant Governing Body Rules 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 out 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.

Any 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 in the

discretion of the Committee but other person(s) authorised by the Committee may make

recommendations as to the applicant’s acceptability. Any person refused membership

may seek a review of this decision before a review panel appointed by the Committee

(“Review Panel”) 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 London 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 final and binding.

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 members subscription 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. Coaching and squad fees shall be determined by Greenwich Leisure Ltd (GLL).

4.2           The annual subscription is amortised over each twelve-month period and is collected on behalf of the Club by Greenwich Leisure Ltd, together with the coaching and squad fees which are paid directly to GLL. Payment is due on the first day of each calendar month.

4.3           Any member whose subscription is unpaid by the date falling 30 days after the due day 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.

4.4           The Committee shall. From time to time, have the power to determine the annual membership 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

5.1           A  member wishing to resign membership of the Club must give the Membership

Secretary written notice of his resignation. A member’s resignation shall only take effect when this rule (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, its opinion, it would not be in the interests of the Club for him 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 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).

6.3     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) a 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 club activities, when in their opinion, such action is in the interests of the Club. Where such action is taken the complaint will therefore be dealt with in accordance with the Guidelines.

7        Committee

7.1     The officers of the Club shall consist of the Chairman, Secretary and Treasurer. All positions shall be honorary.

7.2     The Club shall be managed by a Management Committee which shall consist of the Officers of the Club, the Chief Coach, the Synchronised Swimming Coach, the Diving

Coach and the Master’s Coach, and nine elected members (preferably proportionate to the numbers of members in each section of the club) all of whom must be members of the Club. In addition there shall be a Membership Secretary (appointed by GLL) who will be a non-voting member of the Management Committee. 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.

7.3     The Committee members, with the exception of the Coaches and Membership Secretary, hall 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.

7.4     Boys’ and Girls’ Club Captains will be appointed by the Chief Coach, selection will be based on attendance, leadership skills, positive mental attitude. They will act as ambassadors for the Club and lead by example. The Girls’ and Boys’ Captains may attend Committee Meetings, but will not be entitled to vote, nor to be counted in establishing a quorum, unless they have reached the age of 16 years and have also been elected to the Committee as in Rule 7.3.

7.5     Committee Meetings shall be held not less than ten times a year, and the quorum of that meeting shall be six Committee Members (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 members of the Committee not less than 2 days written notice of a meeting. Decisions of the Committee shall be made by a simple majority and in the event of quality of votes the Chairman (or the acting Chairman of that meeting) shall have a casting or additional vote. The Secretary, or in his absence a member of the Committee, shall take minutes. If a Committee member is absent from 3 consecutive meetings, they will forfeit their position on the committee (unless exceptional circumstances are sited and the majority of the committee votes that the member should be re-instated).

7.6     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.

7.7     In addition to the members so elected the Committee may co-opt up to 3 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 be counted in establishing whether a quorum is present.

7.8     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.

7.9     The Committee shall be responsible for the line 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.

7.10    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.

7.11    The Committee shall ensure that the financial records and minutes of meetings are retained for a period of at least 6 years.

7.12    The Committee shall maintain an Accident Book in which all accidents to club members at swimming related activates 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 ASA in the prescribed form.

8        Officers and Honorary Members

8.1     The officers and Committee of the Club, with the exception of the Coaches and Membership Secretary, 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.

8.2     The Annual General Meeting of the Club, if it thinks fit, may elect a President and Vice President. 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.

8.3     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 as to membership.

9        Annual General Meeting

9.1     Annual General Meeting of the Club shall be held each year on a date falling within the period 1st December (The Opening Date) and 31st January (The Closing Date) 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 the

                    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 remains in office;

          9.2.4   To elect the 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     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 10th December (i.e. 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 December.

10      Special General Meeting

10.1    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 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      Procedure at the Annual and Special General Meetings

11.1    The Secretary shall personally be responsible for ensuring 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 on the notice boards and Club Website.

11.2    The quorum for the Annual and Special General meetings shall be 25 members entitled to attend and vote at the meeting.

11.3    The 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 vote only on those matters determined by the chairman as matters concerning juniors.

11.4    The secretary, or in his 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 meetings, 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 or Special General Meeting provided that the resolution is carried by a simple majority 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 and Validated by the Deputy General Secretary of ASA London Region, or such person as authorised to do so by ASA London Region.

12.2    Any 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 10th December, in the case of the Annual General Meeting or (in the case of a Special Meeting) in accordance with Rule 10.1 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

13.1    The Committee shall have power to make, repeal and amend such by laws as they may from time to time consider necessary for the wellbeing 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 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 above £200 shall be drawn from that account except by cheque signed by two of the signatories appointed by the Committee. Any monies 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 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.

14.4    The Financial transactions of the club shall be recorded by the Treasurer in such manner as the Committee think fit.

         

14.5    The financial year off the club shall be the period commencing on 1st September and ending on 31st August. 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 and copies of Minutes of all meetings.

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 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 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 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.

16.2    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 day of the resolution and the members of the Committee shall be responsible for the winding up of the assets and liabilities of the Club.

17.3    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.