Constitution

1. Name

1.1 The name of the club shall be Harwich, Dovercourt and Parkeston Swimming Club.

2 Objects

2.1 The objects of the Club shall be the teaching, development and practice of swimming for its members. In 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.

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

2.2 The club shall be affiliated to ASA Eastern 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 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 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 protected from harm.

2.3.3 All 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 Eastern Region, the club and all members of the club acknowledge that they are subject to the laws, rules and constitutions of

2.4.1 ASA Eastern Region

2.4.2 the Amateur Swimming Association; (to include the ASA/IOS 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 of 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 considerations 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.

All persons who assist in any way with the club’s activities shall become members of the club and hence of the ASA and the relevant ASA membership fee shall be paid. Assisting with the club’s activities includes, but is not restricted to, administrators, associate members, voluntary instructors, teachers and coaches, Committee members, helpers, Honorary members, life members, patrons, Presidents, technical and non-technical officials, temporary members, Vice Presidents and verifiers or tutors of the ASA’s educational certificates.

Paid instructors, teachers and coaches who are not members of the club must be members of a body which accepts that its members are bound by the ASA Code of Ethics, the Laws relating to Child Protection and those parts of the Judicial Laws, Judicial rules and procedures necessary for their implementation and whilst engaged in activities under the jurisdiction of the ASA shall be subject to all the constraints and privileges of the Judicial Laws and Rules.

3.2 Any person who wishes to become a member of the Club must submit a signed application to the Membership Secretary or, if no Membership Secretary is available, the Secretary. In the case of junior swimmers the application must be signed by the swimmer’s parent or guardian. Election to membership shall be determined by the Membership Secretary but other committee members may make recommendation as to an applicants acceptability. The Committee and Membership Secretary may deem an applicant unacceptable on grounds of not reaching the entry standard, a previous demonstration of inappropriate behaviour or non payment of fees during a previous period of membership. 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. The panel shall, where practicable, include one independent member nominated by the ASA Eastern Region. The person refused membership (or parent/guardian in the case of juniors) 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.

3.3 There will be categories of membership, namely:

Category One:

shall include all members of any age who are learning to swim or who are swimmers at any level, who do not compete in any discipline in open competition other than those exempted under Law 312.1.2 and those competitions designated as ‘Low Level Competition’

Category two:

shall include all members of any age who compete in any discipline in open competition, other than those exempted under Law 312.1.2 and those competitions designated as ‘Low Level Competition’

Category three:

shall include all members of any age who are not in categories one or two including, but not limited to, any persons who have voting rights in the club by virtue of being a parent of, or a person with parental responsibility for, a member in categories one ot two: administrators; associate members; coaches helpers; honorary members; life members; officers; qualified officials of any discipline; patrons; teachers; temporary members; vice-presidents and verifiers of tutors of the Association’s educational certificates.

4. Subscription and other fees

4.1 The annual members subscription/squad/session fees shall be determined from time to time by the Committee and the Committee shall, in doing so, make special provision for different classes of membership as it shall determine.

4.2 Annual subscription shall be broken down into four quarterly payments. The payments may vary from quarter to quarter to reflect annual fees incurred by the club, such as annual subscriptions. Smaller stage payments may be allowed in some circumstances, also remittance of whole or part fees, where practicable and at the discretion of the Committee.

4.3 The quarterly subscription shall be due on joining the Club and on the first day of January, April, July and October thereafter.

4.4 Any member whose subscription is unpaid by the date falling 30 days after the due date may be suspended from the club and it’s activities. A small financial penalty may be payable for late payment at the discretion of the Committee or membership secretary.

4.5 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 the individual ASA membership fees. 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 Membership Secretary (if unavailable then the Secretary) written notice of his/her 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, 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 or sent by post to his/her 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. The Club in exercising this power shall comply with the provisions of Rule 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 ASA Judicial Laws and appear in the ASA Handbook. A copy of the current Guidelines bay be obtained by the ASA Legal Affairs Department.

6.3 A member may not be expelled or (subject to Rule 6.4) be made the subject of any other penalty unless the panel hearing the complaint shall, by two thirds majority, vote in favour of the expulsion of 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, Treasurer and Secretary (together ‘the Executive Officers of the Club’) and at least seven other elected or co-opted members, all of whom must be members of the Club, or in the case of junior members, their parent or guardian. The club shall have a Welfare Officer who must not be, or related to, any of the Executive Officers, coaching team or poolside helpers. All Committee members must not be less than 18 years old, though the Committee may allow younger members to attend their meeting, at its discretion, 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 Committee meetings shall be held not less than quarterly (save where the committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be such number as shall represent not less than a simple majority of the Committee members (to include not less than one executive officer). The Chairman and Secretary shall have discretion to call further meeting 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 oral or written notice (including email) of a meeting. Decisions of the Committee shall be made by a simple majority. In the event of equality of votes the Chairman (or acting Chairman) shall have a casting or additional vote. The Secretary, or in his 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 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 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.

7.6 The Committee may from time to time appoint from among their number such sub-committees as they may consider necessary. The Committee may 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 the General Meeting. The Committee shall also have power to make regulations and to settle points not otherwise provided for in this Condition,

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

7.9 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 ASA Office. The Club shall make an annual return to the ASA in the prescribed form.

7.10 No Officer or Committee member shall approach any Council Official, Press personnel or any other body without the full Committee’s approval.

8. Officers and Honorary Members

8.1 The Executive Officers and Committee of the Club 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 Presidents. A President or Vice President need not be a member of the association and on elections shall 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 a period as it thinks 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 The Annual General Meeting (AGM) of the club shall be held each year on a date in May or June. The date for the AGM shall be fixed by the Committee. At least 28 days notice must be given to club members via notice-boards. Additional means of notification may be used, for example e-mail or news paper advertisement, at the discretion of 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 or the family of a member of the Committee) or confirm that he remain in office;

9.2.4 to elect the Executive Officers and other members of the Committee;

9.2.5 to decide on any resolutions 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 April. 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 April.

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 or (if greater) such numbers as represents (one-tenth) in number of such members, 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 distributing to each member via the notice boards 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 and in the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the examined accounts. The Secretary may, alternatively, with the agreement of members concerned distribute these materials by e-mail or similar form of communication. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board.

11.2 The quorum for the Annual and Special General Meetings shall be 7 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 a 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. Only 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 to vote only on those matters determined by the Chairman as matters concerning juniors, such as the election of club captains.

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.

11.6 In the case of junior members, one parent or guardian may vote for one of the junior members in their charge. Where a parent or guardian is a member of the Club on their own behalf they may vote for themselves or charge. Only the Chairman in the circumstance outlined in 11.3 shall have two votes.

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 of at least two-thirds of members present and entitled to vote at the General Meeting. No amendments to the rules shall become effective until such amendments shall have been submitted to and validated by such person as is authorised to do so by the County Association ASA Eastern Region.

12.2 Any member shall be entitled to put any proposal for consideration at any General Meeting provided the 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 April in the case of the Annual General Meeting or, in the case of a Special General Meeting, 18 days before the date of the meeting 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 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 moneys 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 approved members of the committee. Any moneys not required for immediate use may be invested as the Committee, in its discretion, think 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 of 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 on 1st April and ending on 31st March. 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 provided they are within 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 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 a manner or on such terms and conditions as it thinks fir, 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.

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 resolution.

16.2 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.

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. ACKNOWLEDGMENT

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 forms and is to be signed by the member and must also be countersigned by the parent or guardian of the member if under 18 years of age:

I acknowledge receipt of the rules of Harwich Dovercourt and Parkeston 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.

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