Eastbourne Swimming Club
CONSTITUTION AND RULES 2017-2018
1 Name:
1.1 The name of the Club shall be "The Eastbourne Swimming Club" and the Club colours shall be "Red and White".
2 Objects:
2.1 The objects of the Club shall be the teaching, development and practice of swimming, diving, synchro, open water, 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 A.S.A. Equal Opportunities policy.
2.2 The Club shall be affiliated to ASA South East Region, and Sussex County 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 (“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 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 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.
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 consideration at a General Meeting of the Club. The senior 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.
3.2 Any person who wishes to become a member of the Club must submit a signed application to the 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 Officer. 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 Club may have different classes of Membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at a level that will not pose a significant obstacle to people participating. The Subscriptions shall be reviewed annually by the Management Committee and the fee for the ensuing year shall be confirmed by the A.G.M. Subscriptions for the ensuing year shall become due after the A.G.M.
4.2 Any Member whose subscription is unpaid by 1st February shall not be permitted to participate in any Club activity or to compete in an open competition, nor may he/she compete for or be admitted as a member of any other affiliated Club, until the liability has been discharged.
4.3 Membership cards are issued to named persons and are not transferable.
5 Resignation:
5.1 A member wishing to resign membership of the Club must give to the Hon. Secretary 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 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.
6 Expulsion and other Disciplinary action:
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 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. 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 unanimously 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.
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7 Committee:
7.1 The Officers of the Club shall be:-
(a) The President
(b) The Chairman
(c) The President-Elect
(d) The Immediate Past President
(e) Hon. Secretary
(f) Hon. Treasurer
(g) Hon. Gala Secretary
(h) Hon. Water Polo Secretary
(i) Hon. Trophy Secretary
(j) Hon. Minutes Secretary
(k) Hon. Social Secretary
(l) Hon. Membership Secretary
(m) Hon. Diving Secretary
(n) Hon. Synchronized Swimming Secretary
(o) Hon. Masters Secretary
(p) Press and Publicity Officer
(q) Hon. Web Site Secretary
(r) Hon. Swim 21 Co-Ordinator
(s) Hon. Child Protection & Welfare Officer
(t) Hon. Fund Raising Officer
7.2 All of the above, except (a), (c) and (d), to be elected annually at the A.G.M. Nominations for President-Elect are to be forwarded to the President by 10th May for consideration by a Sub-Committee consisting of President, President-Elect, and Past Presidents who are members of the Club. The name of the successful nominee shall be announced at the A.G.M.. Voting for other Officers, if necessary, will be held by ballot at the A.G.M..
7.3 Nominations shall reach the Hon. Secretary by 10th May and shall be read at a Management Committee meeting called for that and other A.G.M. purposes. The list shall be circulated, with the names of proposers and seconders, with the Notice convening the A.G.M.
7.4 Nominations for Vice Presidents and Life Members shall be considered by the Management Committee, who shall forward their recommendations to the A.G.M. An Honorary Life Member shall enjoy the advantages and privileges of full membership.
7.5 The Management of the Club shall be in the hands of a Management Committee, consisting of the Officers of the Club, Hon. Life Members, and 3 Senior Members to be elected annually at the A.G.M.
7.6 All Members of the Committee shall have been properly nominated, with their nomination papers received by the Hon. Secretary not later than the 10th May. The Committee shall meet at such times as considered necessary. Quorum shall be 6.
7.7 The Committee shall have the power to co-opt to fill any vacancies or for special purposes. If the person to be co-opted is not a member of the Club the Committee shall by majority vote have the power to appoint that person as an Honorary Co-Opted Committee Member with a vote at Committee Meetings only, with the position to be reviewed annually after the A.G.M., providing that the person to be co-opted does not wish be become a swimming member, in which case they would need to join the Club as a senior member.
7.8 It shall elect from its members, representatives to ASA South East Region Council and Sussex County A.S.A. Council, and, on the recommendation of the Club Coach, or appropriate Officer, the Committee is empowered to appoint the following:-
(a) Swimming Team Managers.
(b) Boys' and Girls' Swimming Captains.
7.9 Any Committee Member absent from 3 consecutive meetings without due cause shall cease to be a member of the Committee. Whenever possible, 7 clear days notice of a meeting shall be given. Members wishing to resign, shall notify the Hon. Secretary in writing.
7.10 The Management Committee shall be responsible for and determining the purpose for and the manner in which any personal data are, or are to be, processed on behalf of the Club which shall be the Data Controller. The Committee will appoint a person or persons to act as Data Processors to process the data on behalf of the Club.
7.11 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.
7.12 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.
7.13 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 Annual General Meeting:
8.1 The Annual General Meeting of the Club shall be held each year on a date in June. The date for the Annual General Meeting shall be fixed by the Committee.
8.2 The purpose of the Annual General Meeting is to transact the following business:
8.2.1 To receive the Chairman’s report of the activities of the Club during the previous year;
8.2.2 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 Hon. Treasurer's report as to the financial position of the Club;
8.2.3 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;
8.2.4 To elect the Officers and other members of the Committee;
8.2.5 To decide on any resolution which may be duly submitted in accordance with Rule.8.2.6
8.2.6 Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Hon. Secretary not later than 10th May.
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9 Special General Meeting:
9.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Hon. Secretary within 28 days of receipt by him of a requisition in writing signed by not less than 10 senior members entitled to attend and vote at a General Meeting or (if greater) such numbers as represents (one-tenth) in number of such senior members, stating the purposes for which the meeting is required and the resolutions proposed.
10 Procedures at the Annual and Special General Meetings:
10.1 The Hon. Secretary shall personally be responsible for the handing out or sending to each senior 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 (14) days before the meeting and in the case of the Annual General Meeting a list of the nominees for the Committee posts. The Hon. Secretary may, alternatively, with the agreement of senior 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.
10.2 The quorum for the Annual and Special General Meetings shall be 16 senior members entitled to attend and vote at the Meeting.
10.3 The Chairman, or in his absence a senior member selected by the Committee, shall take the chair. Each senior 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 8.2.6. In the event of an equality of votes the Chairman shall have a casting or additional vote. Only paid up senior members who have reached their 17th birthday shall be entitled to be heard and to vote on all matters.
10.4 The Hon. Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
10.5 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.
11 Alteration of the Rules and other Resolutions:
11.1 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 senior 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 County Association/ASA Region.
11.2 Any member 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 Hon. Secretary of the Club so as to be received by him not later than 10th May 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 Hon. Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 10.1.
12 By-Laws:
12.1 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.
13 Finance:
13.1 All monies payable to the Club shall be received by the Hon. 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 of the three signatories who shall be the Hon. Treasurer and 2 other authorised signatories who are members of the Club.) Any monies not required for immediate use may be invested as the Committee in its discretion think fit.
13.2 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.
13.3 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.
13.4 The financial transactions of the Club shall be recorded by the Hon. Treasurer in such manner as the Committee thinks fit.
13.5 The financial year of the Club shall end the 31st March.
13.6 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.
14 Borrowing:
14.1 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.
14.2 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.
14.3 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.
15 Dissolution:
15.1 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 senior members present and entitled to vote. A specific date for the dissolution shall be included in the resolution.
15.2 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.
15.3 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.
16 ACKNOWLEDGEMENT:
16.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
Mrs. Sue Hyde Mr. Adrian Smith
Honorary Secretary President
[Revised in accordance with A.G.M. of June 2017 and issued June 2017]
ESC Constitution and Rules 2017-2018-June 2017.doc
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Eastbourne Swimming Club
ANNUAL SUBSCRIPTIONS AND TRAINING SUBSCRIPTIONS FOR 2017-2018
Annual Subscriptions:
In accordance with Rule 4, the following scales for full-year and part-year Membership where approved at the A.G.M.
Joining (Membership Year runs from 1st January to 31st December):- Jan. to Dec.
Family Full Membership (Two Senior Members and any number of Junior Members from one family.) £ 82
Senior Member (17 or over at end of current year.) £ 41
Junior Member (Under 17 at end of current year.) £ 36
Non-Swimmer Member / Pre-Improver Member / Associate Member £ 16
Honorary Associate Member (All Non-Swimming Coaches, Teachers, Poolside Helpers, Team Managers,
Chaperones, Social Event Organisers, Front Desk Helpers and Club Shop Staff ) Free
Honorary Co-Opted Committee Member (Non-swimming Member Co-Opted by the Management Committee) Free
(The Club will pay the A.S.A. Registration Fees, as applicable, providing that the full annual subscription for the relevant category of Membership has been paid.)
Parents/Guardians etc. should note that to gain free entry as spectators on Club Nights at the Sovereign Centre they need to be a Club Member (one of the above forms of Membership) otherwise the Centre will charge an entry fee.
In accordance with Rule 3 all Coaches, Teachers, Poolside Helpers, Team Managers and Chaperones, Social Event Organisers, Front Desk Helpers and Club Shop Staff MUST be Club Members (one of the above forms of Membership) to comply with the A.S.A. Child Protection requirements. Each of the aforementioned Members will be required to complete a Registration Form in order to register with the A.S.A..
Monthly Training Subscriptions:
The Club is unable to publish the Monthly Training Subscriptions on an annual basis as these are reviewed, and updated as necessary, throughout the course of the year as they are dependent upon a number of specific circumstances.
Subscriptions are calculated per calendar month, irrespective of Bank Holidays and Club Breaks, and details of the current Monthly Subscription structure for the various groups can be obtained from the Club desk on Monday Club Nights.
Subscriptions become due for payment on the 1st day of each month via Standing Order. Failure to pay the Subscriptions by the due date could result in the Member being excluded from Club activities.
Subscriptions are payable whether or not the member uses the facilities.
Subscriptions can be waived only in the following circumstances:-
- (i) Medical reasons supported by certificate, for period of one month or more.
- (ii) Attendance at a place of further education away from home, subject to Committee approval.
NOTE 1 Monthly Subscriptions - It is the Members responsibility (or the Parents/Guardians in the case of Junior Members) to ensure that the back of the Membership Card is signed by one of the Committee Members staffing the Club Desk when the Monthly Subscriptions are paid. This is your Receipt and Proof of Payment. If there is a dispute over payment of Subscriptions at a later date the Membership Card is to be produced to check for signing. This does not apply to payment by Standing Order.
NOTE 2 It is the Members responsibility (or the Parents/Guardians in the case of Junior Members) to check the Club Notice Board in the Sovereign Centre, by the changing rooms, for information regarding the Club’s activities, forthcoming events and alterations/cancellations of Swimming Times and/or Pools or check the Club Website on www.eastbourneswimmingclub.org.
NOTE 3 Members and Parents/Guardians are not to park their vehicles in the turning circle at the front of the Sovereign Centre.
NOTE 4 In line with the A.S.A. Child Protection Policy any person wishing to use a VIDEO CAMERA, EITHER ZOOM OR CLOSE RANGE, PHOTOGRAPHY VIA FILM OR DIGITAL, MOBILE PHONES WITH A CAMERA FACILITY, at any Swimming Event MUST first give their name and address to the staff at the desk.
Revised and issued June 2017.
Mrs Sue Hyde
Honorary Secretary.
ESC Constitution and Rules 2017-2018-June 2017.doc
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