TROWBRIDGE AMATEUR SWIMMING CLUB CONSTITUTION

 

1. Name:

• The name of the Club shall be "Trowbridge Amateur Swimming Club".

 

2. Objects

2.1 The objects of the Club shall be the objects of the Amateur Swimming Association and in particular (T.A.S.C.) 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 Sex, ethnic origin, religion, disability 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.

2.1.3 The Club is to be a non-profit making; voluntary run organisation, with integral links with the local community, furthering sport, exercise and a healthy lifestyle amongst the community especially in the young.

2.1.4 The Club is committed to an ongoing programme of training within the organisation in order to provide better standards of qualification. This training will be open to anyone willing to put time and effort into the courses and make a firm commitment to the Club as a whole. Where possible this training will be free of charge.

2.2 The Club shall be affiliated to ASA South West Region, Wiltshire County Amateur Swimming Association and RLSS (and shall adopt and conform to the rules of such Associations).

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

2.3.2 the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures.

2.3.3 members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.

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

2.4.1 ASA South West Region.

2.4.2 the Amateur Swimming Association (to include the ASA/IOS Code of Ethics).

2.4.3 British Swimming association (to include in particular doping Control rules and Protocols and disciplinary codes).

 2.4.4 FINA, the world governing body for the sport of swimming in all its disciplines (together "the Governing Body Rules").

In the event that there shall be conflict between any rule or by-law for 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 such limit from time to time then the Committee shall 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 Any person who wishes to become a member of the Club must submit a signed application to the Membership Secretary (and in the case of a junior swimmer the application must be signed by the swimmers parent or guardian.

3.3 There shall be the following classes of membership:-

Full Members: those who wish to swim are accepted by the Club and pay the appropriate subscription and are aged 14 years and over.

Junior Members: those under 14 who wish to swim and are accepted by the Club and pay the appropriate subscription.

Temporary Members: all those attending Learners Classes run by the Club, and their parents or guardians.
Associate Members: all voluntary helpers to the Club.

Parent Members: all parents or guardians of full or junior members.

 

4. Subscriptions and other fee

4.1 The annual members subscription and coaching 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.

4.2 The Annual Subscription and entrance fee (if any) shall be due on joining the Club and thereafter on the 1st day of October each year.

4.3 Any member whose subscription is unpaid by the date falling 30 days after (the date due for payment) may be suspended by the Committee from some or all activities from a date to be determined by the Committee and until such payment shall be 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 ASA Membership Fees to the ASA on behalf of members, be consequential upon an increase in ASA membership fees. Any increase in subscriptions shall be advised to members in writing with the reasons for any increase to be reported to the members at the next Annual General Meeting.

4.5 The Club shall ensure that all Full, Junior, Temporary and Associate Members are members of the ASA and that all associated ASA memberships fees are paid as appropriate.

 

5. Resignation

5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his/her 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 the member whose subscription is more than two months in arrears is deemed to have resigned. Where the membership of a member may be terminated in this way he shall be informed in writing that he is no longer a member by notice handed to him or 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 to remain a member.

6.2 The Club shall adopt and comply with 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) 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 (or other penalty) imposed on the member.

6.4 Members can be subject to disciplinary action if the Committee is appraised of members breaking Club Rules/By-laws. A copy of the Club rules is shown at Annex A.

6.5 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, Secretary, Treasurer (together with such additional secretaries (e.g.: Fixtures Secretary) as required to manage specific activities of the Club) together called "the Officers 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 the power to vote.

7.2 The Committee shall be proposed seconded and balloted at the Annual General Meeting each year and shall remain in office until their successors are elected at the next AGM. Any vacancy occurring through resignation or otherwise may be filled by the Committee. Retiring members of the Committee are eligible for re-election.

7.3 Committee meetings will be held at least six times per annum (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of the meeting shall be such number as shall represent not less than a simple majority of the Committee and to include not less than one Officer. The Chairman and the Secretary shall have the 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 two days notice oral or written of any meeting. Decisions of the Committee shall be made by a simple majority in the event of equality of votes the Chairman (or acting Chairman of that meeting) shall have the casting or additional vote. The Secretary, or in his/her absence a member of the Committee shall take 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 determined by the Chairman. If a quorum is not present at the adjourned meeting other than those Committee members may act for the purpose of calling a Special General Meeting of the members, to which provisions as to the minimum notice in rule 11.1 shall not apply.

7.5 In addition to the members 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 be counted in establishing whether a quorum is present.

7.6 The Committee may from time to time appoint from among their numbers such sub- Committees as they consider necessary (and to remove (in whole or part) or vary the terms of reference of such sub-Committees) and may delegate to them such of the powers and the 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 the power to enter into contracts for the purpose 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 shall be examined by an independent auditor to be appointed at the AGM who must not be a member of the Committee).

7.8 The members of the Committee shall be entitled to an indemnity out of the assets of the Club for expenses and other liabilities incurred by them in the management of the Club.

 

8 Officers (and Honorary Members)

8.1 The Club shall have the following Officers who shall form the Administration Committee.

President (if in post)

Chairman

Secretary

Treasurer

Membership Secretary

Competition Secretary

Child Protection Officer

Public Relations Officer

Education Officer

Parent Representatives

Team Managers

Chief Coach

8.2 The Officers and committee of the Club shall be proposed, seconded and elected (by ballot) at the 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.

8.3 The Annual General Meeting of the Club, if it thinks fit, may elect a President or 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 Clubs Annual Return of Membership.

8.4 The Committee may elect any person as honorary member of the Club, for such period, as they think fit. They shall be entitled to all the privileges of membership except they shall not be entitled to vote at meetings, serve as officers or on the Committee unless any such person shall have retained in addition his ordinary membership of the Club.

 

9. Annual General Meeting

9.1 The Annual General Meeting of the Club shall be held each year on a date falling between the 1st October and 30th November. The date of the Annual General Meeting will 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 verified accounts of the Club for the previous year (and the report of the accounts of the Independent auditor) and the Treasurer's report as to the financial position of the Club.

9.2.3 to elect the Officers and other members of the committee.

9.2.4 to decide on any resolution which may be duly submitted in accordance with Rule 9.3

9.3 Nomination for election of members to any office or for membership of the Committee shall be made in writing Proposed and Seconded to the Secretary three weeks prior to the AGM. The nominee shall be required to indicate in writing on the nomination form his willingness to stand for election. Nominations may be taken from the floor and a ballot held if necessary.

9.4 Notice of any resolution proposed at the AGM shall be given in writing to the Secretary not less than 21 days before the date of the AGM and be included on the agenda.

 

10. Special General Meetings

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/her of a requisition in writing signed by not less than twenty members entitled to attend and vote at a General Meeting stating the purpose for which the meeting is required and the resolutions proposed. The meeting shall only discuss those subjects on the agenda (i.e. the resolution).

 

11. Procedures at Annual and Special General Meetings

11.1 The Secretary or a delegated representative shall be responsible for the handing out/posting notice on official Club notice boards of the date, time and venue of the General Meeting together with the resolutions to be proposed thereat, this should be done at least 28 days before the meeting and in the case of the AGM should include a list of the Committee posts and instructions on how to nominate persons for any post.

11.2 Lists of nominees for posts and copies of examined accounts will be available to members on the night of the AGM.

11.3 The quorum for the Annual or Special General Meeting shall be 20 members entitled to vote.

11.4 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 refer to Rule 9. In the event of an equality of votes the Chairman shall have the casting or additional vote. Paid up members who have reached their 16th birthday shall be entitled to be heard and vote on all matters. Members who have not reached their 16th birthday shall be entitled to be heard and vote on those matters determined by the Chairman as matters concerning juniors.

11.5 The secretary or in his/her absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.

11.6 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of the 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 or Special General Meeting provided that the resolution is carried by a majority with at least twenty 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 Wiltshire ASA.

 

13. By-Laws

13.1 A copy of the by-laws are shown at Annex A.

13.2 The Committee shall have the 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

14.1 All monies payable to the club shall be received by the Treasurer and deposited in the bank account in the name of the club. All cheques are to be signed by at least two authorised signatories. 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.

14.3 The Committee shall have power to authorise payment of remuneration and expenses to any office, 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 thinks fit.

14.5 The financial year of the Club shall be the period commencing 1st October and ending 30th September. Any change to the financial year shall require the approval of the members in a General Meeting.

 

15. Borrowing

15.1 The Committee may borrow money on behalf of the club for the purposes of the Club form time to time at their own discretion (up to the 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 repayment of any such sums of money in such manner or on such terms and conditions as it thinks fit. 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 borrowed.

 

16. Dissolution

16.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by the majority of at least three-quarters 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 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 nominated by the last Committee.

 

17. Acknowledgements

17.1 The members acknowledge that these Rules constitute a legally binding contract to regulate the relationship with each other and the Club

 

Annex A: By Laws

The latest club By-Laws are shown on the TASC website (see www.swimtrowbridge.co.uk).