Constitution and Rules
1. Name
1.1 The Club shall be called Lincoln Vulcans Swimming Club
2. Aims
2.1 The aim of the Club shall be the promoting and encouraging participation in all aspects of swimming, with special emphasis on competititive swimming
2.2 The Club shall implement the ASA Equal Opportunities Policy.
3 Affiliation
3.1 The Club shall be affiliated to ASA East Midland Region and the Lincolnshire County ASA, and shall adopt and conform to the rules of this association, and to such other bodies as the Club may determine from time to time.
3.2 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
3.3 All competing members shall be eligible competitors as defined in ASA laws.
3.4 The Club shall in accordance with ASA laws adopt the ASA Child Protection Procedures, and shall recognise that the welfare of children is every body’s responsibility and that all children and young people have a right to have fun, be safe and be protected from harm.
3.5 Members of the Club shall in accordance with ASA laws comply with the ASA Child Protection Procedures.
3.6 By 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, rules and constitutions of
3.7 ASA East Midland Region and Lincolnshire County ASA
3.8 The Amateur Swimming Association (to include the ASA/IOS Code of Ethics); and
3.9 The Amateur Swimming federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and ASFGB disciplinary code) and
3.10 FINA, the world governing body for the sport of swimming in all disciplines (together “the governing body rules”)
3.11 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.
4 Membership
4.1 Membership of the Club is open to all the community and without discrimination on the grounds of ethnicity; nationality, sexual orientation, religion, sex, age or disability except as a necessary consequence of the requirements of the sport. All new members will be invited for a trial and assessed by the coaching staff.
4.2 All such members shall be entitled to participate in the organised coaching sessions and competion as directed by the Coaches and Officers of the Club.
4.3 Swimming members under the age of 18 may not vote or hold office.
4.4 The Committee may refuse membership or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made to the members.
4.5 Associate membership shall be open to parents of the swimming members and Committee. Associate members are not, as a matter of right entitled to partake of the coaching or swimming facilities offered by the Club except where these are specifically arranged for such members or where these form part of any duties they perform in relation to the normal business of teaching, coaching or administering the Club.
4.6 No member of the Club shall receive payment for his/her services as a member except for the Head Coach, whole or part time. Duties and payment to be decided by the Committee. The appointment will be reaffirmed at the AGM, with a contract of employment renewed annually.
4.7 The Committee may appoint from time to time full or part time paid poolside staff at its discretion; the selection of the staff appointed will be on the basis of agreed Club selection procedures.
4.8 All persons who assist in any way with the Clubs activates shall become members of the Club and hence of the ASA and the relevant ASA membership fee shall be paid. Assisting with the Clubs activities shall include, but not be restricted to, administrators, associate members, voluntary instructors, teachers and coaches, Committee members, helpers, honary members, lifemembers, officers, patrons, presidents, technical and non technical officials, temporary members, vice-presidents and verifiers or tutors of the ASA educational certificates.
4.9 Paid instructors, teachers and coaches who are members of the Club must be members of the body which accepts that its members are bound by the ASA Code of Ethics, the laws relating to Child Protection and those parts of the Judicial Laws, Judicial Rules and procedures necessary for the implementation and whilst engaged in activities under the jurisdiction of the ASA shall be subject to all the constraints and privileges of the Judicial Laws and rules.
4.10 Any person who wishes to become a member of the Club must submit a signed application to the Membership Secretary (in the case of a junior swimmer the application must be signed by the swimmer’s parent or guardian)
4.11 Ranked Club – the club under which the rankings for each swimmer appear on the British Rankings.
4.12 Fee paying club – the club through whom the swimmer pays their ASA registration – usually the club with whom the swimmers has longest continuous membership. This may not always be the ranked club.
4.13 First claim at LVSC – This is an expression of loyalty and commitment to the club and is obligatory for all swimmers who have accepted a place on any of the clubs squads. The swimmers ranked club is LVSC.
The swimmer participates in all galas and Open Meets representing the club and as requested by the Head Coach.
In the event that the swimmer wishes to represent another club, in any gala or league permission must be sought and granted by the Head Coach.
4.14 Second claim at LVSC – A swimmer whose main training takes place at another club, but who may access additional training with agreement from the club according to age, maturity and ability and for which a payment is made.
A second claim swimmer may be invited to swim for the club if their fee paying club does not swim in that league/event, or if not selected for their other clubs team.
A second claim swimmer may request or be invited to represent the club in Open Meets, and County, Regional or National events. Permission should be sought from the Head Coach.
A second claim swimmer may enter any internal club competition for a “time only” swim.
The swimmer may be ranked according to their own choice.
5. Fees
5.1 The fees to be charged for swimming membership shall be paid monthly by standing order on the first day of each month. Any member not having tendered a written resignation to the Membership Secretary shall be considered a member for the ensuring month and liable for the fees due. If a member resigns from the Club after payment of a month’s fee has been made, no refund will be made for the unexposed proportion of that month’s membership.
5.2 Any member whose fees are 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.
5.3 The Committee on the advice of the Treasurer shall decide swimming membership fees as and when required.
6 Resignation
6.1 A member wishing to resign membership of the Club must give to the Membership Secretary written notice of resignation. A member’s resignation shall only take effect when this (rule 6.1) has been complied with.
6.2 Notwithstanding the provisions of (rule 6.1) above a member whose fees are more than 2 months in arrear shall be deemed to have resigned.
7. Expulsion and disciplinary action
7.1 The Committee shall have power to expel a member when, in its opinion, it would not be in the interests of the Club for him/her to remain a member. The Club in exercising this power shall comply with the provisions in (rules 7.2) and (7.3)
7.2 The Club shall adopt and comply with the ASA Guidelines for handling Internal Club Disputes 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)
7.3 A member may not be expelled or (subject to rule 7.4 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 or other penalty imposed upon the member.
7.4 The Officers of the Club (or any person to whom the Committee shall delegate this power) may temporary suspend or exclude a member from particular training sessions and/or wider club activities, when in their opinion such action is in the interest of the Club. Where such action is taken the complaint would therefore be dealt with in accordance with the guidelines.
8. Committee
8.1 The Committee shall consist of the Chairman, Secretary, Treasurer (together “the Executive Officers of the club”) and 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.
8.2 Officers and 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 AGM. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring members of the Committee shall be eligible for re-election. In addition to the members so elected the Committee may co-opt up to 6 further members of the club who shall serve until the next AGM. Co-opted members shall be entitled to vote at the meetings of the Committee and shall be counted in establishing whether a quorum is present.
8.3 Committee meetings shall be held once a month or where the Committee itself shall by a simple majority resolve not to meet, and the quorum of that meeting shall be such number as shall represent not less than a simple majority of the Committee members (to include not less than one Executive Officer). The Chairman and the 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 members of the Committee not less than two days oral or written notice of a meeting. Decisions of the Committee shall be made by a simple majority (and in the event of equality of votes the Chairman (or the acting Chairman of that meeting) shall have a casting or additional vote). The Secretary, or in his/her absence a member of the Committee, shall take minutes.
8.4 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned till 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 12.1 shall not apply.
8.5 The Committee may from time to time appoint from among their numbers such sub-committees as they may consider necessary (and to remove (in whole or in part) or vary the terms 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.
8.6 The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determing the terms and conditions of service of employees of the Club. The Committee shall have power to enter into contracts for the purpose of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that the Accounts of Club for each financial year be examined by an independent examiner to be appointed by the members at the Annual General Meeting. The Committee shall also have power to make regulations and to settle disputed points not otherwise provided for in this Constitution.
8.7 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.
8.8 The Committee shall ensure that the financial records and minutes of meetings are retained for a period of at least 6 years.
8.9 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 ASA in the prescribed form.
9. Officers and Honorary Members
9.1 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.
9.2 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 Clubs annual return of members to the ASA.
9.3 The Committee may elect any person as an Honorary Life Member of the Club, they shall be entitled to all 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 Life Members must be included in the Clubs annual return as to membership.
10. Annual General Meeting
10.1 The Annual General Meeting of the Club shall be held each year on a date in November. The date for the Annual general Meeting shall be fixed by the Committee.
10.2 The purpose of the Annual General Meeting is to transact the following business:
10.2.1 To receive the Chairman’s report of the activities of the Club during the previous year.
10.2.2 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 Treasurers report as to the financial position of the Club.
10.2.3 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 they remain in office.
10.2.4 To elect the Executive Officers and other members of the Committee.
10.2.5 To decide on any resolution which may be duly submitted in accordance with Rule 10.3
10.3 Nominations for election of new 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 3 days before the AGM. The nominee shall be required to indicate in writing on the nomination form his/her 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 28 days before the AGM.
11 Special General Meeting
11.1 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/her of a requisition in writing signed by not less that 20 members entitled to attend and vote at a General Meeting of (if greater) such numbers as represents (one-tenth) in number of such members) stating the purpose for which the meeting is required and the resolutions proposed.
12 Procedure at the Annual and Special General Meetings
12.1 The Secretary shall personally be responsible for the handing out or sending to each member at his/her 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 at least 21 days before the meeting and in the case of the Annual General Meeting a list of the nominees standing for re-election for the Committee posts. The Secretary may, alternatively, with the agreement of members(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.
12.2 The quorum for the Annual and Special General Meetings shall be 20 members entitled to attend and vote at the meeting
12.3 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 10.3. 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 18th birthday shall be entitled to be heard and to vote on all matters. Members who have not reached their 18th 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.
12.4 The Secretary, or in his/her absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
12.5 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
13 Alteration of the Rules and other Resolutions
13.1 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 be submitted to and validated by such person as is authorised to do so by the ASA East Midland Region.
13.2 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/her not later than 14 days before the Annual General Meeting and the same in the case of a Special General Meeting and thereafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in rule 12.1
14 By-Laws
14.1 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.
15 Finance
15.1 All moneys payable to the Club shall be received by the Treasurer/Membership Secretary and deposited in a bank account in the name of the Club. No sum above £200.00 shall be drawn from that account except by cheque signed by two of the three signatories who shall be the Chairman, Secretary, Treasurer or one other Committee member. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit.
15.2 The income and property of the Club shall be applied only in the 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 18.3)
15.3 The Committee shall have power to authorise the payment of remuneration and expenses to any Officer, Member or Employee of the Club and to pay any other person or persons for services rendered to the Club.
15.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.
15.5 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.
15.6 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.
16 Dissolution
16.1 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.
16.2 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.
16.3 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 organisations having objects similar to those of the Club for the furtherance of such objects nominated by the last Committee
17 Club Championships and Trophies
17.1 The conditions governing all Club Championships shall conform to ASA Judicial Laws. The Committee shall decide any disputes arising out of the Championships and their ruling shall be final.
17.2 All Championships trophies are perpetual. The winners of club trophies shall be entitled to hold possession of them on handing to the trophy trustees a receipt and indemnification for safe keeping whilst in their custody and that they will return the trophies in the same condition as received when called upon to do so. Any swimmer resigning as a member of the club shall return all trophies immediately.
18 Acknowledgement
18.1 The membership acknowledges that these rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
Signed …………………………………………. Chairman
Signed ………………………………………….. Secretary
Signed …………………………………………... Treasurer