RULES of Etwall Eagles Swimming Club (November 2005)

1.Name

1.1The name of the Club shall be Etwall Eagles Swimming Club

2.Objects

2.1The objects of the Club shall be the objects of the Amateur Swimming Association and in the furtherance of these objects:

2.1.1The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.

2.1.2The 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.

2.2The Club shall be affiliated to Amateur Swimming Association – East Midland Region (and shall adopt and conform to the rules of such association) and such other bodies as the Club may determine from time to time.

2.3The 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:

2.3.1all competing members shall be eligible competitors as defined in ASA Laws; and

2.3.2the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and

2.3.3members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.

2.4By virtue of the affiliation of the Club to ASA – East Midland Region the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 East Midland Region and Derbyshire County ASA; and

2.4.2the Amateur Swimming Association;(to include the ASA/ISTC Code

of Ethics); and

2.4.3the Amateur Swimming Federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and ASFGB Disciplinary Code); and

2.4.4FINA, the world governing body for the sport of swimming in all its disciplines (together “the Governing Body Rules")

2.5In the event that there shall be any conflict between any rule or by-Iaw of the Club and any of the Governing Body Rules then the relevant Governing Body Rule shall prevail

3.Membership

3.1The 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 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.

3.2Any 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 in the discretion of the Committee or other person(s) authorised by the Committee. The Committee or such authorised person(s) shall not be required to  give reasons for the refusal of any application for membership.

4.Subscription and Other Fees

4.1A half yearly membership fee as agreed and minuted at the AGM shall be collected from the 1st April and the 1st October each year. Any swimmer that has not paid these fees by the 31st May and the 30th November respectively without reasonable excuse shall be deemed to have terminated their membership

4.2In addition to the half yearly membership fees, all swimmers will pay monthly pool fees, the level of which shall be determined by the Committee.

4.3Members will pay the Club any fees requested by the ASA.

4.4Club officials, ASA registered officials and other non-swimming adults who wish to be members of the club must pay a non-swimmers membership fee (as agreed and minuted at the AGM) as well as any fees requested by the ASA.

4.Resignation

5.1A member wishing to resign membership of the Club must give to the Membership Secretary written notice of his resignation. A member's resignation shall only take effect when this (Rule 5.1) has been complied with.

5.2Notwithstanding the provisions of Rule 5.1 above 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 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.

5.3The Membership Secretary may permit the resumption of membership by the payment of all outstanding fees agreed by the Committee.

6Expulsion and other Disciplinary action.

6.1The 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.

6.2The 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

6.3A 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.

6.4The 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.

7Committee

7.1The Committee shall consist of the Chairperson, Secretary, Treasurer together with such additional secretaries as required to manage specific activities of the Club, together "the Officers of the Club", and other elected members all of whom must be members of the Club. All Committee members must be not less than 16 years of age though the Committee may allow younger member(s) to attend their meetings as observers without power to vote. The Chief Coach as appointed by the Committee is considered as an Ex-officio member of the Committee with full voting rights

7.2The 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.

7.3Committee meetings shall be held not less than once a month, except August (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be 5 (to include not less than one Officer). The Chairman and the Secretary shall have discretion to call further meetings 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 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 Secretary, or in his absence a member of the Committee, shall take minutes.

7.4In the event that a quorum (of five) 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

7.5In 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 be entitled to vote at the meetings of the Committee and shall not be counted in establishing whether a quorum is present.

7.6The 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.

7.7The 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.

7.8The 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 the management of the affairs of the Club.

8. Officers and Honorary Members.

8.1The Officers 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.

8.2The 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 club and on election shall, ex officio, be an honorary member of the Club and must be included in the Club’s Annual Return of Members to the ASA

8.3The Committee may elect any person as an honorary member of the Club for such period as they think 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

9.1The Annual General Meeting of the Club shall be held in November in each year. The Committee shall fix the date for the Annual General Meeting.

9.2The purpose of the Annual General Meeting is to transact the following business:

9.2.1to receive the Chairman's report of the activities of the Club during the previous year;

9.2.2to 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;

9.2.3to 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;

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

9.2.5to decide on any resolution, which may be duly submitted in accordance with Rule 9.3.and must be included in the Club's Annual Return of Members

9.3Nominations for election of members to any office or for membership of the Committee shall be made by the proposer and seconder to the Secretary not later than 4 days before such a meeting. The nominee shall be required to indicate 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 less than 7 days before the AGM.

10.Special General Meeting

10.1A 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 5 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.

10.2Notice of an AGM or SGM as is the case may be posted on the club notice board not later than 14 days before the date of the meeting. Such notices shall include an agenda containing all items for discussion and decision.

11. Procedure at the Annual and Special General Meetings

11.1The Secretary shall personally be responsible for notifying each member 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 Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board.

11.2The quorum for the Annual and Special General Meetings shall be 5 members entitled to attend and vote at the Meeting.

11.3The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and a majority shall pass resolutions. 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. 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 vote only on those matters determined by the Chairman as matters concerning juniors.

11.4The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.

11.5The 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.Alteration of the Rules and other Resolutions

12.1The 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.

12.2Any member shall be entitled to put any proposal for consideration at any General Meeting provided the proposal shall have been handed to or posted to the Secretary of the Club so as to be received by him not later than 7days 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.

13By-Laws

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.

14Finance

14.1All 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 above £1000 shall be drawn from that account except by cheque signed by two of the three signatories who shall be the Chairman, Membership Secretary and Treasurer. Any moneys not required for immediate use may be invested as the Committee in its discretion thinks fit

14.2The 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.

14.3The 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 Treasurer in such manner as the Committee think fit.

14.5The 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.

15.Borrowing

15.1The Committee may borrow money on behalf of the Club for the purposes of the Club from time to time at their own discretion for the general upkeep of the Club or with the approval of a General Meeting for any other expenditure, additions or improvements.

15.2When 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.

15.3The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums so borrowed.

16Property

16.1The 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.

16.2The 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.

16.3The 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

17.1A 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.

17.2The dissolution shall take effect from the date of the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.

17.3Any 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 as nominated by the last Committee.

18. ACKNOWLEDGEMENT

18.1The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.

18.2The following statement should appear on Club membership forms and should be signed by the member and must also be countersigned by parent or guardian of members under 16 years of age:

I acknowledge receipt of the rules of Etwall Eagles 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.

Rules