Below is a copy of the March Marlins Swimming Club Constitution:
1.1 The name of the Club shall be “March Marlins Swimming Club” and the headquarters shall be the George Campbell Leisure Centre, March
2.1 The objectives of the Club shall be to promote and encourage the improvement of swimming skills from beginners to competitive swimmers ensuring that each swimmer reaches their maximum potential. 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 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 implement the ASA Equal Opportunities policy
- The commitment 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 or paid for by the club.
- To attain, and retain, accreditation of Swim 21.
2.2 The Club shall be affiliated to the ASA East Region and Cambridgeshire ASA and shall adopt and conform to the rules of these associations, 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 (“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.
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 East 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 East Region and
2.4.2 The Amateur Swimming Association; (to include the ASA/IOS Code of Ethics); and
2.4.3 British Swimming (to include in particular the British Swimming Doping Control Rules and Protocols and British Swimming 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.
3.1 The total membership of the Club shall not normally be limited. However, if it is considered that there is a good reason (due to lack of water time/space) to impose any limit then the Committee shall put forward appropriate proposals at a General Meeting of the Club. The members shall have the right to impose and remove such limits from time to time.
All persons who assist in any way with the club’s activities do so voluntarily, with exception of the Head Coach and Assistant Head Coach who will be paid in accordance within the annual Budget approved at the AGM and shall become members of the club and hence of the A.S.A. and the relevant A.S.A. membership fee shall be paid (by the Club). Assisting with the club’s activities shall include, but not be restricted to – voluntary teachers/coaches, helpers, officials, committee members and administrators.
3.2 Candidates for membership shall in the first instance contact the Head Teacher to discuss vacancies and session options. Upon joint agreement an application form must be completed (and signed by parents of those under 18, agreeing to the Club rules) and forwarded to the Enrolment Secretary. The Club shall be required to give reasons for the refusal of any application. Any person refused membership may seek a review of this decision before a panel appointed by the Committee comprised of not less than 3 members (who may or not be members of the Committee). This Review Panel shall, wherever practicable, include one member nominated by ASA East Region. The person refused membership shall be entitled to make representation to the Panel. Procedures for review shall be at the discretion of the Review Panel whose decision shall be final and binding.
3.3 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 joining fee shall be due on joining the Club and annual subscription thereafter will be yearly, due within 4 weeks of the 1st January and the same in each consecutive year and duly agreed at the AGM.
4.2 The annual members’ subscription and session fees shall be reviewed annually at the AGM and at any other time or times as the Committee may deem necessary. 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 AGM
4.2.1 Annual Club membership shall normally be fixed in 2 bands
a. Ordinary Members – These shall be swimmers over the age of five who pay the appropriate subscription
b. Voluntary Members – These shall be members who offer voluntary help to the Club. These members will have their subscription paid for them by the Club
c. Honorary Life Members – These shall be members who have given outstanding service club have agreed to invite to Honorary Life Membership. Life members shall be entitled to all the privileges of Ordinary Membership, but shall not be liable to pay any annual subscription or levy imposed upon members. They may attend Committee meetings and they may discuss business, but are not able to propose or vote.
d. Parent Members – All parents/ the carers or Ordinary or Associate members
4.3 Any member whose joining fee or annual subscription is unpaid 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.
5.1 Members wishing to resign from the Club must give written notice to the Secretary/Enrolment Secretary. Resignation will only take effect when this has been complied with.
5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than 3 months in arrears shall be deemed to have resigned unless contact has been made with the Secretary. Where the membership 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 Disciplinary Action
6.1 The Committee shall have the power to expel any member when in its opinion it would not be in the best interests of the Club for the member to remain. The Committee 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 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 Dept).
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 any 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. Club Administration, Officers and Committee
7.1 The Committee shall consist of the Chairperson, Vice Chairperson, Secretary and Treasurer (the Officers of the Club) and members elected at the AGM, all of whom must be members of the Club. The Club shall have a Welfare Officer who shall not be a relative of any of the Officers, the club teachers or the Team Manager. All Committee members must be at least 18 years of age although younger members may be allowed to attend meetings without the power to vote.
7.2 The Committee members shall be proposed, seconded and elected by ballot of the AGM each year and shall remain in office until their successors are elected at the next AGM. Any vacancy occurring by resignation or otherwise may be filled by the Committee, or co-opted during the year and then voted on by an AGM or SGM. Retiring members of the committee shall be eligible for re-election.
7.2.1 Structure of committee should be as follows:
1. Officers of the Club – voting rights
2. Members – voting rights
3. Ex-Officio members – no voting rights (support day to day running of the club)
7.3 The Committee shall meet at least bi –monthly between September in one year and June in the following year and at such times as the Chairperson in consultation with the Hon Secretary may consider to be in the interests of the Club. The quorum for meetings shall be 50% + 1 of Committee members and must include one executive officer. The Secretary shall give all members of the Club not less than 7 days oral or written notice of a meeting. Decisions of the Committee shall be made by a simple majority, and in the event of equal votes the Chairperson (or acting Chairperson of that meeting) shall have a casting or additional vote. The Secretary, or in their absence a member of the Committee, shall take minutes.
7.4 In the event that the quorum is not present within 30 minutes of the stated time the meeting shall not take any votes, if a vote is required the meeting shall stand adjourned for 7 days or until such other date as determined by the Chairperson, which may be the next meeting.
7.5 The Committee shall be responsible for the management 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.
7.6 The Treasurer shall ensure that the financial records and the Secretary shall ensure that the minutes of meetings, are retained for a period of at least 6 years.
7.7 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 ASA in the prescribed form
7.8 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 management of the Club. This will be set out in the annual Budget
7.9 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 in part, or vary the terms of reference of such sub-committees and may delegate to them such powers and duties of the Committee as the Committee may determine. All sub-committees shall report their proceedings to the Committee, when requested, and shall conduct their business in accordance with the directions of the Committee.
7.10 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.
8. Annual General Meeting
8.1 The Annual General Meeting of the Club shall be held each year in November. The date for the Annual General Meeting shall be fixed by the Committee and advertised on the Club Notice Board in accordance with Rule 10.1. Voting at the AGM shall be confined to senior members and parents of junior members. By special notice of the committee junior members may vote on matters concerning them. Decisions will be made by a simple majority of those eligible to vote.
The purpose of the Annual General Meeting is to transact the following business:
8.1.1 To receive the Chairman’s report of the activities of the Club during the previous year;
8.1.2 To receive and consider the verified 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.
8.1.3 To elect the Executive Officers and other members of the Committee.
8.1.4 To fix the Annual Subscription and training fees for the forthcoming year
8.1.5 To consider any amendments to the Club Constitution and/or club rules
8.1.6 Any other business at the discretion of the Chairperson
8.2 Proposals for Rule changes and amendments to the Constitution may only be made at an AGM or Special General Meeting and must be submitted to the Hon Secretary before the 30th September prior to the next AGM or 28 days before the date of an SGM called for the purpose or any discussion of a proposed amendment. 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 East Region.
8.3 All club members over 18 years of age are eligible to vote and may demand that voting be by ballot on any point at the AGM. Voting shall be by a show of hands or ballot as appropriate.
- Postal or Proxy votes will only be accepted with the prior decision of the Committee and all members of the club shall be informed. The notice of such a decision shall be included on the notice of the meeting.
8.5 In the event of an equality of votes the Chairperson shall have the casting or additional vote. The declaration by the Chairperson of the meeting shall be final.
9. Special General Meeting
9.1 A SGM must be held within 28 days of the expressed or written request of the majority of the Committee to the Hon Secretary. Such a meeting shall only deal with items notified. Notice of an SGM shall be displayed on the Club Notice Board in accordance with Rule 10.1 and shall be conducted in the same way as the AGM.
10. Procedures at Annual and Special General Meetings
10.1 The Secretary, or a delegated representative, shall be responsible for the handing out/posting notices on the Club Notice Board giving details of the date, time and venue of the meeting together with the resolutions to be proposed there. This shall be done at least 21 days before the meeting.
10.2 The Chairperson, or in their absence the Vice Chair or another 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
10.3 The Secretary, or in their absence, a member selected by the Committee, shall take minutes at the meetings.
10.4 The quorum for the AGM and SGM shall be 50% + 1 of those present.
11.1 All moneys payable to the Club shall be received by the Treasurer/Secretary/Records Officer and deposited in a bank account in the name of the Club. All monies shall be drawn from that account by cheque which will be controlled by the Treasurer, Chairman or Secretary or cheque signed by two of the signatories who shall be the Chairman, Secretary, Treasurer and Records Officer. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit. Internet banking will be view access only controlled by treasurer.
11.2 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, except as laid out in Rule 11.3.
11.3 The Committee shall have power to authorise the payment to the Head Coach and Assistant Coach accordingly within the annual budget, plus 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.
11.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit. The financial statement shall be presented to the AGM for acceptance, and shall be submitted for Independent examination thereafter.
11.5 The financial year of the Club shall be the period commencing on 1st October and ending on 30th September. Any change to the financial year shall require the approval of the members in a General Meeting. 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.
11.6 The club will encourage club members to subscribe to Gift Aid and this will be co-ordinated by the club Treasurer.
11.7 The club will seek Charity status under the direction of the club Treasurer.
11.8 The Treasurer will produce an Annual Budget for adoption at the AGM, in consultation with officers of the Club
11.9 A Management Style report will be produced as to the position of the club for the monthly meeting, so that financial discussions can be made in consultation with the budget.
11.10 A hardship budget will be included in the budgets which is in two parts to allow further training for any club member.
1. 50% cost paid by the club and 50% paid by the family of the delegated swimmer. The 50% from the family members must be received before any activities can take place.
2. 100% cost paid by the club.
The hardship budget is to be funded by 10% of all appointed fund-raising activities which will be pre-determined by the Committee and carried by the Chairperson. Nominations for the hardship funding are to be applied for by letter which must contain the full details of all monies required and its purpose. Receipts for transactions are to be delivered to the Treasurer within 7 days.
12.1 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.
12.2 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.
12.3 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.
13.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least 50% of the members present and entitled to vote. A specific date for the dissolution shall be included in the resolution.
13.2 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.
13.3 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.
14 Club Championships
14.1 The Club Championships shall be contested annually on a date or dates to be fixed by the Committee (usually in October/November), but dates can vary to meet changing requirements, and shall be organised by the Championship Secretary in conjunction with the Head Teacher.
14.2 The Trophies shall remain the property of the Club and must be returned on request or on resignation of the swimmer.
14.3 Entry to the Championships shall be open to any member whose fees are paid up to date prior to the 1st date of the competition.
14.4 There must be at least three swimmers for any race to take place. The trophies for any event not being raced will be held by the club and re-presented the following year. All monies for any races not being held will be returned.
The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club, and sign a clause on the Membership form to agree with them. Parents/guardians must countersign for those less than 18 years of age.
Details of the roles of the Officers and members of the club are a guide. These can be amended to meet changing needs through discussion with officers at the club and presented to the next meeting of the club for approval.
The interpretation of the Constitution shall rest with the Executive Committee whose decision shall be final.
Version 3 amended at the AGM on 22nd November 2012
4.1 Yearly subscriptions - amendment
7.2.1 Structure or Committee – added
10.4 AGM & SGM Quorum amended
11.7 Charity status – timescale amended
14.3 Entry to Club Championships - amended
Kevin Keil Chairperson
Signed ……………………………………………… Position ……………………………………….
22nd November 2012