Club Constitution PDF

7 June 2007

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

2.1 The objects of the Club shall be the teaching, development and practice of

swimming and water polo for its members. 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 Amateur Swimming Association Equal

Opportunities 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 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 A.S.A. Laws adopt the A.S.A. 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 A.S.A. Laws comply with the

A.S.A. Child Protection Procedures.

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, rules and

constitutions 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

Rule shall prevail.

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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, except where the Committee

limit the membership due to the capacity of its sessions. 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 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, voluntary instructors,

teachers and coaches, 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.

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 A.S.A.’s

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 A.S.A. shall be

subject to all the constraints and privileges of the Judicial Laws and Rules.

must agree to become a member of the Club and hence the ASA, if not already a

member of the Club within the categories set out above. The parent or Guardian

must agree to be bound by the rules of the Club and ASA. There will be no fee

for this membership.

3.2 Any person who wishes to become a member of the Club must submit a signed

application to the Club 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 determined by the Membership Secretary, but other

person(s) authorised by the Committee may make recommendation as to the

applicant’s acceptability. The Membership Secretary shall be required to give

reasons for the refusal of any application for membership. Any person refused

membership may seek a review of this decision before a review panel appointed

by the Committee 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 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.

Applicants will have a swimming assessment to determine the swimmer’s

competency level. Where there is insufficient capacity in the group/s at the

swimmer’s level, the swimmer will be invited to join a waiting list, but membership

will not be guaranteed.

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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 Each Member will, as a condition of membership, agree to comply with the Club’s

constitution, bye laws and Code of Conduct.

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 shall

determine.

4.2 The annual subscription shall be paid in twelve monthly installments paid by

Standing Order. The first payment being due on joining the Club (and may be

made by cheque) and thereafter on the third day of each month.

4.3 Any member whose subscription is unpaid, or not fully paid, by the date falling 30

days after the due date 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. (Subject to 5.2)

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.

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

Secretary, Membership Secretary or Chairman 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,

or part thereof, is more than two months in arrear 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.

5.3 A member who wishes to rejoin the Club will be treated as a new member.

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/her 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 A.S.A. Guidelines for handling Internal

Club Disputes (“the Guidelines”) as the same may be revised from time to time.

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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.

7.1 The Committee shall consist of the Chairman, Club Secretary, Membership

Secretary, Development Officer, Competition Secretary (“the Executive Officers

of the Club”), the Management Coach (who shall be appointed by the Committee

annually, and allowed to speak but not to vote unless also an elected officer of

the Club), Swim 21 Administrator, Volunteer Development Officer, Local

Community Liaison Officer, all of whom must be members of the Club. The Club

shall have a Welfare Officer who shall be entitled to attend Committee Meetings.

The Committee shall be able to co-opt specialist members on to the 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 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. (See also 8.1)

7.3 Committee meetings shall be held not less than quarterly 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 the Club Secretary shall have discretion to call further meetings of

the Committee if they consider it to be in the interests of the Club. The Club

Secretary shall give all the members of the Committee not less than two days

oral or written notice of a meeting. 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

Club Secretary, or in their 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

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7.5 In addition to the members so elected the Committee may co-opt up to four

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 unless they are filling a position of an officer of the Club, 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. The Committee shall also have power to

make regulations and to settle disputed points not otherwise provided for in this

Constitution.

7.8 The members of the Committee shall be indemnified by the members of the Club

against all 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 A.S.A. Office. The Club shall make an annual

return to the A.S.A. in the prescribed form.

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, notwithstanding that an Executive Officer of the

Club should not serve in that capacity for more than five consecutive years.

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

and must be included in the Club’s Annual Return of Members to the A.S.A..

8.3 The Committee may elect any person as an honorary member of the Club for

such 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.

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9.1 The Annual General Meeting of the Club shall be held each year on a date in

June or July. 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 Membership

Secretary'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 remain in office;

9.2.4 to elect the Executive 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 Club

Secretary not later than twenty eight days prior to the General Meeting. 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 twenty eight days prior to the 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 Club Secretary within twenty eight

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.

11.1 The Club Secretary shall personally be responsible for the handing out or

sending to each member at his last known address 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 fourteen 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 Club Secretary may,

alternatively, with the agreement of member(s) 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 where one

exists.

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11.2 The quorum for the Annual and Special General Meetings shall be 7 members

entitled to attend and vote at the Meeting or (if greater) such number as

represents (one-tenth) in number of such members.

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.

birthday shall be entitled to be heard and vote only on those matters determined

by the Chairman as matters concerning juniors, such as the election of Club

Captains.)

11.4 The Club Secretary, or in their 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 meeting, the sole

interpreter of the Rules of the Club.

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 amendment(s)

to the rules shall become effective until such amendment(s) shall have been

submitted to and validated by such person as is authorised to do so by the

ASA Region.

12.2 Any member, seconded by two other members, 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 Club Secretary so as to be

received by him not later than twenty eight days in the case of the Annual

General Meeting or, in the case of a Special General Meeting, eighteen 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

13.1 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.

14.1 All moneys payable to the Club shall be received by the Membership Secretary

and deposited in a bank account in the name of the Club. No sum shall be drawn

except by authorized signatories who shall be the Executive Officers of the Club.

Any monies not required for immediate use may be invested as the Committee in

its discretion think fit.

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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 Membership

Secretary in such manner as the Committee thinks fit.

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.

15.1 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 sums 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.

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.

16.1 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.

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.

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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.

18.1 The Members acknowledge that these Rules constitute a legally binding contract

to regulate the relationship of the members with each other and the Club.

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The duties of the Officers of the Club are detailed below but with agreement of the

Committee specific duties of members of the Committee may be delegated to other

members, though any duties that are so delegated remain the overall responsibility of

the relevant member of the Committee, including reporting to the Committee and general

meetings.

Management Committee and general meetings of the Club, ensuring that

decisions of the Management Committee and general meetings are

implemented, monitoring compliance with the Club's constitution and rules,

producing and presenting the annual report to the AGM, and ensuring that the

Club is conducted in accordance with the laws of the ASA and with due regard

for the health, safety and welfare of members, coaches and others.

Management Committee and general meetings, preparing and circulating

agendas, notices and other information to members, arranging meetings and

booking meeting venues, corresponding on behalf of the Club, keeping the

Club’s historical records, maintaining a Club notice-board at Club headquarters,

making available on request copies of all Management Committee agendas,

reports and minutes, placing advertisements for coaches, dealing with affiliations

to other bodies, arranging insurance cover, issuing press releases, and attending

and reporting to the Management Committee and general meetings.

the Club’s bank and/or building society account(s), receiving and accounting for

the Club’s income and expenditure, paying bills, invoices, expense claims and

other legitimate demands for payment on behalf of the Club, paying Club

coaches, producing annual accounts and records for examination, maintaining

the Club’s membership records, receiving and recording membership, swimming

session and affiliation fees, issuing membership documents, drafting the Club's

annual financial strategy (including recommending membership and training

session fees for the coming year), for consideration at the AGM, and attending

and reporting on members' matters to the Management Committee and general

meetings. Shall be responsible for keeping a waiting list of prospective

members, responding to membership enquiries.

social and fund raising activities, seeking sponsorship and business links,

overseeing the Club shop, drafting the Club's annual development strategy for

consideration at the AGM, and attending and reporting generally on Club

development and social matters to the Management Committee and general

meetings.

conjunction with the Management Coach, the Strategic Competition Calendar of

the Club for each level of competition and agree the responsibilities for each

event; act as a central reference point for the receipt of all competition

information; distribute promptly competition information to the relevant

competition co-ordinator (s); arrange the submission of entries to the Nationals,

Regionals, County, Open Meets and Borough Championships; organise the Club

Championships; arrange the transport and officials to League Meets; oversee the

booking of venue and organization of officials/poolside help/raffle for interclub

leagues that WSC has been asked to host.

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approval) the organisation of the Club's swimming-related activities including

determining the swimming programme and content at all levels; monitor the

supervision and training of trainee coaches; agree coaching rota; book pool time

in conjunction with the Membership Secretary; with the Competition Secretary

submit competition entries; draw-up team lists; convene and chair regular

coaching review meetings with coaches; maintain squad list; draft the Club's

annual coaching strategy for consideration at the AGM; attend and report on

swimming-related matters to the Management Committee and general meetings.

The Management Coach, will in conjunction with the Committee, determine the

criteria for squad membership, ensure fair and regular assessments of athletes

and be responsible for the correct squad placement of athletes.

for Swim21 accreditation at the levels decided by the Committee, and then shall

be responsible for maintaining the Clubs records for future re-accreditation. The

Administrator will be responsible for highlighting deficiencies in the Club’s

systems to the Committee for rectification.

training of members to fulfil the voluntary posts within the Club for Committee

Members, helpers, officials, life guards and teachers, and will be responsible for

arranging their appropriate initial and ongoing training.

local community including schools, businesses, health institutions and promoting

diversity within the Club.

all the younger members of the Club, and whose role will be that as to implement

the Child Welfare Policy as defined, and amended from time to time, by the

Amateur Swimming Association. The person will also be responsible for

maintaining a Criminal Records Bureau (CRB) register on all adults who are

coaches, officers or helpers of the Club.