Constitution and Rules of Torquay Leander Swimming and Life Saving Society

as at 1st November 2007

 

1. Name

1.1 The name of the Club shall be Torquay Leander Swimming and Life Saving Society

 

 

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 West Region, Devon 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 South West Region, Devon County ASA, the Club and all members of the Club acknowledge that they are subject to the laws, rules and constitutions of:

2.4.1 ASA South West Region, Devon County ASA, and

2.4.2 The Amateur Swimming Association; (to include the ASA/IOS Code of Ethics); and

2.4.3 British Swimming (in particular its 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 Memberships

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 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 ASA’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 ASA’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 but other person(s) authorised by the committee may make recommendation as to the applicant’s acceptability. The Membership Officer 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 (“Review Panel”) 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 South West Region, Devon County ASA,. 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

3.3       Temporary membership is available for 28 days during which period an application for membership has to be made.

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 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 and new member’s entrance fee (if any) shall be due on joining the Club and thereafter on the 1st day of January each year, or within 28 days of the first swim. The annual subscription for a new member joining during the year will be on a pro rata basis of1/12th of the annual fee for each month of the year remaining plus the joining fee.

4.3 Any member whose subscription is unpaid by the date falling 56 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

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 Resignations

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

7.1 The Committee shall consist of the Chairman, Secretary, Treasurer (together “the Executive Officers of the Club”) and up to 12 elected members all of whom must be members of the Club. The club shall have a Welfare Officer. 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 4 times a year, and the quorum of that meeting shall be such number as shall represent not less than 5 of the Committee members (to include not less than one Executive 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 7 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.

7.4 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

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

7.6 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 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.

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 Officers and Honorary Members

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.

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 association 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 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.

 

 

9 Annual General Meeting

9.1 The Annual General Meeting of the Club shall be held each year on a date during November. 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 Committee Chairman’s reports 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 Treasurer'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 Secretary not later than 14 days before the AGM. 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 14 days before the AGM.

 

 

10 Special 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 Secretary within 28 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 Procedures at the Annual and Special General Meetings

 

11.1 The Secretary shall personally be responsible for the notifying members of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least 7 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 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.

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. Only 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, such as the election of club captains.)

11.4 The Secretary, or in his 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 Alteration of the Rules and other Resolutions

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 County Association/ASA South West Region, Devon County ASA,

12.2 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 Secretary of the Club so as to be received by him not later than 14 days before, 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 Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 11.1

 

 

13 By-Laws

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. The existing club bye-laws are attached to the end of this document.

 

 

14 Finance

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

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 Treasurer in such manner as the Committee thinks fit.

14.5 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.

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 Borrowing

15.1 The Committee has decided that at the present time on no account may any member of the Committee borrow money on behalf of the Club for the purposes of the Club.

 

 

16 Property

 

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.

 

 

17 Dissolution

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 ACKNOWLEDGEMENT

 

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.

 

 

The following statement needs to appear on Club membership forms and is to be signed by the member and must also be countersigned by the parent, or a person having parental responsibility for the member, if under 18 years of age:

 

 

I acknowledge receipt of the rules of Torquay Leander Swimming and Life Saving Society 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Bylaws

 

A)In accordance with Rule 7.6 of the constitution the following sub committees shall be appointed:- Emergency, Swimming and Water Polo.

 

B)   (i)   The Swimming and Water Polo sub committees shall consist of the Officers of the Club, sub committee secretary, and four persons.  Three persons to form a quorum.

(ii)     The Emergency committee shall consist of 4 persons appointed at the A.G.M.

 

C)         At their first meeting these committees shall appoint a Chairman from amongst their number.           

 

D)                 Roll of Honour:  Suitable nominations to be made in writing to the Secretary of the Club for consideration at a Committee Meeting two weeks before that meeting. 

The criteria for life membership being:-

(i)                   Saving a life.

(ii)                 International representation in any facet – swimming synchro or water polo, under the name of Torquay Leander, or Torbay as a member of Torquay Leander.

(iii)                Recognition of long service to the Club, as an officer, teacher or coach, or outstanding in an organisational capacity.  This to be after 25 years or upon retirement.

 

E)                  The Secretary for each discipline to have overall responsibility for any trophies won by the Club.

 

F)                   In accordance with Rule 6.4 of the constitution the person responsible for the training session shall have delegated authority to exclude any person from that training session.

 

G)                  A Trophy Steward shall be appointed at the A.G.M.  The duties of the steward will be to be responsible for all Club trophies.

 

 

H)                 A Membership Secretary to be appointed at the A.G.M. and shall be responsible for annual Club membership.  The Membership Secretary shall have the authority in accordance with Rule 3.2 of the constitution to approve membership.  Any cases of doubt to be referred to the Club Committee for decision.

 

 

 

 

 

  

 

 

 

 

 

 

 

 

Emergency Committee Bylaws.

 

A)The Emergency Committee shall meet to consider matters referred to them in cases of emergency.  The findings to be submitted to the next General Committee Meeting.

B)The Sub Committees shall have the power to meet any case not provided for in the Bylaws, and if necessary report same to the Club Committee.

 

C)Should it be deemed necessary, the Emergency Committee has the authority to take suitable action on a matter, before the General Committee Meeting has taken place.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Swimming Committee Bylaws.

 

A)The Sub Committee shall:

 

(i)                   Arrange for helpers to attend swimming, life saving and officials courses, and approve reimbursement of any necessary expenses.

(ii)                 Appoint a selection committee of three persons.

(iii)                Appoint Team Managers and Chaperones as necessary.

(iv)                Appoint a competition secretary.

(v)                 Appoint a male and female senior and junior captain who will be guided in their duties by the sub committee.

(vi)                Coordinate entries for Open Meets.

(vii)              Arrange galas on behalf of the Club, including pool hire.

(viii)             Arrange entry to away galas and where necessary book coach transport at no expense to competitors or swimmers.        

(ix)                Recommend to the Club Committee entry or otherwise into any regional league, e.g. Speedo League.

(x)                 Have overall responsibility for Club swimming sessions and grading of swimmers.  Changes in session times to be approved by the Committee.

 

B)     Competition Secretary to:-

 

(i)      Arrange entries for individual and relay events in Devon, ASA South West Region, Devon County ASA, and national competitions.

(ii)     Compile and keep current a list of swimmers’ times.

 

C)The Swimming Secretary or his nominee to be responsible for notifying the Club Treasurer when swimming sessions are not required and informing swimmers.  That person will then notify the pool, giving one month’s notice where possible.

 

      EXPENSES:-

D)   (i)   Where a swimmer has qualified for National events, ASA South West Region  age groups and/or Championships, the Club will pay the entry fee if the swimmer takes part or provides a valid reason for failing to do so.

(ii)     The Sub Committee shall arrange payment of expenses to swimmers to National and ASA South West Region  events where the Club does not provide transport, in accordance with the following criteria.

(a)     No claim within less than a 30-mile radius.

(b)     Payment of 12p per mile to each driver, rounded up or down to the nearest £1.00.

            (c)  Bridge tolls to be reimbursed.

            (d)  Similar payments to be made to the team manager and/or coach where the Sub Committee has approved his/her attendance.

(iii)    Where a swimmer attends a national competition and overnight accommodation is required, assistance with such expenses will be decided by the sub committee.

 

 

 

 

 

 

 

 

E)  Club Gala Conditions:-

 

(i)     General – all swimmers must be first claim club members and have no financial liabilities to the Club.

(ii)   Trophy Gala – open to all members as in E1 above, with age as at 31st December.

(iii) Ribbon Gala – open to all members as in E1 above who are 12 years and under, but no swimmer who has been placed in the first three in the Devon Age Groups can swim in the stroke event in which they were placed.  Ribbons to be given to the first five competitors.  Age as at the day of the gala.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Water Polo Sub Committee Bylaws.

 

A)     The Sub Committee shall appoint a Team Manager/Coach for each team, who should select the teams.

 

B)     The Water Polo Secretary to enter teams into the Devon Water Polo leagues and Knock Out competitions following the approval of the Sub Committee.

 

C)    To report to the Club Committee and recommend if any teams should enter any other Water Polo competition, e.g. Bristol & West, ASA South West Region , Devon County ASA,, A.S.A..

 

D)    Water Polo Secretary/Treasurer to pay expenses to players where the Club does not provide transport under the following criteria:-

(i)     No claim within less than 25 miles radius.

(ii)   Payment of 12pence per mile to each driver, rounded up or down to the nearest pound.     

(iii) Bridge Toll charges to be reimbursed.

(iv)  Payment restricted to 4 cars per team.

 

E)     The Sub Committee requires the approval of the Club Committee to incur (other than travelling expenses) any expenses in excess of £100 in any three months.

 

F)  Second claim Water Polo players may pay a quarter of the Clubs annual Membership fee but shall pay the full training fees.