(Affiliated
to ASA
1. Name: The Club shall be called
2. Aims: The encouragement of swimming in all its forms.
3. Affiliations The
Club shall be affiliated to the Amateur Swimming Association at Regional and
County level, and any other suitable organisation which has been deemed fit by
the Council
Any rule, or any decision,
practices or action of the Council, Committee or any Officer of the Club, which
is, or becomes contrary to the Laws of the ASA, shall be null and void.
By virtue of affiliation to
the ASA the club and its members acknowledge that they are subject to the laws
and rules of
The ASA East Midland Region and any other body
to which it is affiliated and
The Amateur Swimming Association and
The
Amateur Swimming Federation of
FINA the world governing body for swimming and its
related disciplines
In the event that there
shall be any conflict between any rule or bye-law of the club and any of the
Governing Body Rules then the relevant Governing Body Rule shall prevail
4.
Membership:
4.1 Every applicant for membership shall sign an
application form or renewal form annually and shall state whether he/she is a
member of any other swimming club. The
Council shall consider applications for new membership. A membership card shall be issued as a
receipt and must be produced at any club session on demand by a Club Official.
Membership will normally require
renewal on the 1st day of January following the initial joining date
and on every succeeding January 1st.
Any member who has not signed a renewal form and paid the appropriate
subscription by the last day of January in any year shall be deemed to have
resigned and shall thereafter not be entitled to take part in any club
activity, nor to claim the benefits of club membership unless and until
formally re-admitted to membership by the Council. All competing members must be eligible to
compete as per ASA Law
RESIGNATIONS
A member wishing to resign must
do so in writing. Such letters must be addressed to the Administration Manager.
Applicants (or their parents or
guardians if under 18) shall sign the application or renewal form to state that
they have read and acknowledge club rules and the Code of Conduct criteria and
understand that they (and their children) are expected to abide by them.
The Club shall implement the ASA
Equality and Equity policies.
Nottingham Swimming Club is committed
to treat everyone equally regardless of race, religion, creed, colour, ethnic
background, gender, age or political persuasion or disability on any grounds
Swimmers must have been Club
members for at least three months before being eligible to compete in any Club
Championship, and may only take part in any one clubs championship in any one
calendar year
4.2 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. The
Club shall, in accordance with ASA Laws, adopt the Child Protection Procedures, the Club shall appoint a Welfare Officer.
Any accident that occurs
during a period of hire shall be placed in the Clubs Accident Report Book and
the Accident Book of the Establishment where the incident took place, a copy of
the report sheet shall be requested by the Club. Members have a Duty of Care to
inform the club of such incidents.
5. Subscriptions: Members
shall pay a subscription on joining the Club and on renewal of membership as
defined in Rule 4.1. The amount of
subscription shall be decided annually at the first meeting of the Council
after each Annual General Meeting. Once paid no subscription shall be refunded.
6.
Management:
(a) The day to day management of the Club shall be in the hands of the Managing Board. The Council shall have overall control of the administration of the Club, its’ policies and finances. The Councils decisions on the interpretation of these rules shall be final. The Council or the Management Board may not;
(i)
implement actions which are in direct conflict
with these rules
(ii)
require any
member to do anything contrary to these rules or which might nullify or put at
risk that member’s status with the ASA.
(b)
The Managing Board shall consist of three
Managers who shall be appointed for a three year term of office, one member
retiring in rotation each year. They shall be appointed by the outgoing Council
its’ last meeting prior to the AGM. If ratified by the Council the Management
Board may be remunerated for their services
The General Manager whose areas of
responsibility shall include but not be limited to
(i)
the efficient operation of the Managing Board
(ii)
the conduct of the meetings of the Managing Board
Who shall be responsible for
keeping Minutes of all meetings of the Council and of the Managing Board; and
for keeping club records. He/she shall conduct the general
correspondence and business of the Club and present to the Annual General
Meeting a report of all the activities of the Club during the previous
year. The Administration Manager
shall be responsible for the arrangements of Council meetings and notice these
be given at least seven days before. There shall be at 4 meetings a year unless
the Council deems either more or less is necessary.
The Finance Manager
Who shall be responsible, as directed by the Council, for the collection
of all members’ fees; and for the payment of all accounts. He/she shall keep the Council advised at all
times of the financial position of the Club and shall advise the Council of any
actions he/she feels it should take to preserve the financial affairs of the
Club. He/she shall advise the Council
and the ASA if any member leaves the club owing it money. He/she shall furnish to the Financial
Examiner(s) by the 21st day of October of each year an Income and
Expenditure Account and a Balance Sheet together with all relevant vouchers for
the previous financial year ending on the 30th day of September.
Records of all transactions
and accounts shall be kept for at least 6 years. He/she shall submit annual accounts
together with a financial statement to the Annual General Meeting. The Clubs’ general funds shall be kept at a
Bank as the Council may at time to time determine. Any withdrawals from that Bank shall require
the signatures of the Finance Manager and either that of the Administration
Manager, General Manager or one other Council member.
The members of the Board and Council 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.
The Managing Board is additionally
authorised to
(i)
carry out any specific duty laid upon it by the
Council
(ii)
implement the policies set out by the Council
(iii)
exercise day to day management of the Club
(iv)
report to the Council at such times and in such
a form as they require
(v)
appoint one of its members to liase with each
Club Committee
(vi)
co-opt persons for any special purpose without
the power to vote
(c) The Council shall consist of
1.
The President, who will normally act as
Chairperson and a vote and an additional casting vote at any Meeting.
2.
A maximum of six members elected at the AGM, and a
Welfare Officer plus two water polo members,
3.
Any active Life Members
All of these shall have full voting rights. The Council will be responsible for setting club policy. It will appoint a Management Board to implement club policy and will review the operation of the club as reported by the Management Board and the Committee Secretaries.
All members of the Council
shall be over the age of eighteen.
If any elected member of the
Council resigns or otherwise vacates his/her position before the expiry of his
period of office the Council shall have the power to appoint another member of
the club to fill the vacancy. Such an
appointment shall be valid until the AGM following the appointment.
Any co-opted member shall have
full voting rights but the co-option shall only last until the AGM following
the co-option.
Any member of the Council who
fails to attend 3 consecutive meeting without valid reason shall be considered
for removal from office at the next meeting of the Council
The Council shall appoint a
Welfare Officer
The appointment of the
Committee Secretaries shall be made by the incoming Council, at the first
meeting after the AGM; each Committee Secretary shall present to the Council
details of their activities and shall appraise the
Management Board of any important matters that need to be dealt with.
(d) Swimming Committee: shall consist of a Secretary, a senior coach, a
team manager and such other members as is considered necessary. The committee shall manage the swimming
activities of the club, select teams for gala’s etc. They shall furbish the Council with a report
and shall appraise the Management Board of its’ activities.
(e)
(f) Water Polo Committee: shall consist of a Secretary, Treasurer, a
senior coach, a team manager and such other members as is considered necessary,
elected at the sections own AGM. The committee shall manage the Water Polo
activities of the club. Two members of
the section elected at the sections AGM, shall be eligible to attend Council
meetings. This Committee is responsible
for its’ own financial dealings, including the examination and end of year
Balance Sheet.
(g).
Extra Activity / Fund Raising Committee: shall consist of a Secretary and such other
members as is considered necessary, The Committee shall facilitate any extra
activities, social events and general fund raising as necessary. A proportion of any moneys raised in excess
of requirements shall be gifted to a worthy cause. They shall furbish the
Council with a report and shall appraise the Management Board of its’
activities. The clubs Financial Manager shall be responsible for this
committee.
7.
Annual General Meetings
(a) There shall be elected, each year, 3 members to serve for 2 years on the Council. Any replacement members for the 3 who have a further year to serve on the Council shall be elected for one year.
(b)
Nominees for the office of
President, and for any member wishing to stand for the Council, must have been
a member of the Club for at least the preceding 12 months, unless there are
exceptional circumstances deemed exceptional by the Council
(c)
Each member present at the AGM
shall have one vote. Junior members (under 18 years) may only vote on matters
pertaining to junior members. Where
there are more candidates for any office than there are vacancies voting shall
be by paper ballot. Two scrutineers, who
are not themselves standing for office, shall be appointed to count the
votes. Any ballot paper containing more
votes than the number required shall be deemed null and void.
(d)
Any member of the Council may
re-stand for office when his/her term of office has elapsed
(e) Any proposed alterations
of Club Rules shall be ratified by the
ASA East Midlands Region and made by a two-thirds majority vote at the
AGM.
(f) The Quorum for a
General Meeting shall be one tenth of the voting membership with a minimum of 7
8. Special General Meetings: A special general meeting of the club may be called at any time by a majority vote of the Council or by a requisition in writing by twelve members of the club, made to the Administration Manager, stating the object of such a meeting. The Administration Manager shall call a meeting within 21days of such a request.
Such Meetings shall only deal with the matter stated on the order paper.
9. Trustees:
The Finance Manager, Administration
Manager, General Manager and one
other person nominated by the Council shall be Trustees of the Club and shall
be responsible for the Clubs assets; equipment, Trophies and also the clubs
reserve funds. Such reserve funds may be
invested or re-invested at the sole discretion of the Trustees acting
unanimously. Any interest arising on
investments shall accrue from the reserve funds in the first instance to the
Clubs General Funds. Transfer of monies
to or from the reserve funds shall require the approval of the Council
10.
Financial Examiners: At the first meeting of the Council after the
AGM, Examiners shall be appointed for the ensuing year. The Examiners shall be:-
(a)
A firm of
Chartered Accountants
or
(b)
Two
individuals, (not being office holders or members of the Council) who need not
be members of the Club.
or
(c)
One member
of the club not being an office holder or members of the Council who shall have
accountancy qualifications.
The Financial
manager shall submit the accounts and any explanatory notes to the Examiners
who shall submit a written report to the Council of any circumstances or
explanations with which they are not satisfied.
11.. Life
Members: To mark exceptional service to the Club, members
may be elected as Life Members at any Council Meeting by a two-thirds majority
of the Council Members present and voting.
Life Members may only be given to existing members of the Club who have
held continuous membership for at least the previous ten years. Such election is subject to confirmation at
the next AGM. Direct appointment of life
membership may be made by a majority of members present and voting at the
Annual General Meeting.
Life
Members shall not pay a subscription to the Club but shall be responsible for
any other fees/monies due. They may attend Council meetings.
12. First Claim:
It
is recognised that swimmers shall have first allegiance to their school,
college or University which when necessary shall have first claim on such a
swimmer.
13. Chief Coach: The
position of Chief Coach/s shall be confirmed annually at the first meeting of
the Council after the AGM.
14 Club Captains: Competitive
team members shall elect annually, from their numbers, two representatives, one
of each gender, who shall be over 14 years of age in the year of competition,
to act as their Senior Club Captains. Two Junior captains, one of each gender,
aged thirteen years and under in the year of competition, shall be chosen by
the junior members of the swimming team annually. Senior Club Captains may attend Council
Meetings without the power to vote.
15. Club Colours and Apparel: Club colours and apparel shall be confirmed by
the Council on their first meeting after the AGM and all members should be
encouraged to wear these in all competitions.
16. Expulsion
and other Disciplinary action
16.1 The Council shall have power to expel a
member when, in its opinion, it would not be in the interests of the Club for
that person to remain a member.
16.2 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.)
16.3 The Officers of the Club (or any person to whom the Council
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.
17.
Dissolution
A resolution to dissolve the Club shall only be proposed at an Annual
General Meeting or Special General Meeting and shall be carried by at least
three quarters of members present being eligible to vote. The dissolution shall
take place from the date of the resolution and the members of the Council shall
be responsible for 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 as decided by the Council.
18. Acknowledgement
The members acknowledge that
these rules constitute a legally binding contract to regulate the relationship
of the members with each other and with the club.
November 2007