Club constitution

Isle Of Wight Marlins Swim Club

(Formerly Isle of Wight Masters)

 

New Constitution To Conform To ASA Model Constitution Of 2007

Constitution Adopted At AGM 2007 And Amended At AGM 2008

 

  1. The name of the club shall be Isle of Wight Marlins Swim Club and the club colour shall be blue.
  1. The objects of the club shall be the development and practice of swimming for its members.
  1. The club shall be affiliated to the ASA South East region and such other bodies as the General Meeting shall decide.  By virtue of its affiliation to ASA South East Region the club and all members of the club acknowledge that they are subject to the laws and rules of ASA South East region and the Amateur Swimming Association ( to include the ASA/IOS Code of Ethics; and the Amateur Swimming Federation of Great Britain: to include in particular the WADA  Doping control rules and protocols and WADA Disciplinary code) and FINA, the world governing body for the sport in all its disciplines (together ‘the Governing Body rules’) 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.
  1. The affairs of the club shall be conducted under ASA Laws and Technical rules and all competing members of the club shall be eligible competitors as defined in ASA Laws and Technical rules.  The club shall in accordance with ASA laws adopt the ASA Child protection Procedures.  The member of the club shall comply with the ASA Child Protection Procedures and shall recognise that the welfare of children and vulnerable adults is everyone’s responsibility and that all children and young people have a right to have fun, be safe and protected from harm.

5.   MEMBERSHIP

Any person who wishes to become a member of the club must submit a signed application to the membership secretary.  Election to membership shall be determined by the membership officer but other persons authorised by the committee may make recommendations as to the applicant’s suitability.  The Club shall not 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 body 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 practical) include one independent member nominated by the ASA SE Region. The person refused membership shall be entitled to make representation to the Review panel.  The procedures for review shall be at the discretion of the Review panel whose decision shall be final and binding.

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.

All persons who swim regularly with the Club shall become members of the club and hence of the ASA and the relevant ASA fee shall be paid.  Occasional helpers at Club activities need not necessarily become members of the Club or of the ASA, except that the Committee shall have the power to insist, on an individual by individual basis, that occasional helpers shall become members of the Club if, in their sole discretion, they judge it best in the circumstances.

The total membership of the club shall not normally be limited. If however the committee considers that there is 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 (or remove) from time to time any limits on total membership (or any category of membership) of the club.

6.   THE ANNUAL GENERAL MEETING

The Annual General meeting of the club shall be held each year on a date in November fixed by the committee. The purpose of the AGM is to transact the following business:

  • To receive the Chairman’s account of the club activities during the previous year.
  • To receive and consider the accounts of the club for the previous year and the report on the accounts of an independent examiner and the Treasurer’s report as to the financial position of the club.
  • To remove and elect the independent examiner (who must not be a member of the committee or a member of the family of the committee) or confirm that he remain in office.
  • To elect the executive officers and other members of the committee

Nominations for election and of any resolution proposed to be moved at the AGM to be given in writing to the secretary no later than 5 days before the date set for the AGM. (or Special meeting)

The secretary shall be responsible for handing out or sending to each member at his last known address a written agenda giving notice of the time, place and date of the meeting at least 14 days before the meeting and in the case of the Annual General meeting a copy of the examined accounts and a list of nominees for the committee posts and in the case of a Special meeting the resolutions to be.

The secretary may, with the agreement of members, distribute these materials by email or similar form of communication.  The notice of the meeting shall, in addition, wherever possible be displayed on the club notice board where one exists

The quorum at an AGM shall be 10 members.

7.   SPECIAL GENERAL MEETING

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 by no 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.

8.    THE COMMITTEE

The club shall be managed by a committee comprising Chairman, Secretary, Treasurer, Competition Secretary, Membership secretary and 3 members.  All members of the committee shall have been properly nominated with their nomination papers received by the Secretary, duly proposed and seconded by members of the club not later than 5 days before the date of the AGM. In the event of no or insufficient nominations members of the retiring committee will be asked to remain in office.  The committee shall have powers to co-opt additional members to the committee or to fill vacancies created by members retiring or resigning from the committee during their term of office.

The committee shall meet at such times as it considers necessary.  The secretary shall give all members not less than five days oral or written notice of a meeting. The quorum for the committee shall be 5 members.

Sub committees may be appointed to deal with special matters which shall be reported at the next meeting of the committee.  The committee shall have the power to dismiss any sub committee.

  • The club shall also appoint a Welfare Officer
  • The committee is required to maintain an accident report book on behalf of the club.

9.   SUBSCRIPTIONS

The annual subscription or entrance fee shall be fixed by the committee and advised to members at the AGM.  This shall include the power to make such increase in the subscription as shall, where the club pays the individual ASA membership fees to the ASA on behalf of members, be consequential upon an increase in individual ASA 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.

The committee shall make special provision for different classes of membership as it shall determine.

The annual subscription shall be due on joining the club and thereafter on the 1st day of January each year

Any member whose subscription is not paid by 1st February shall not be entitled to participate in any club activity until such payment is made.

10.  ALTERATIONS

Alterations to this constitution may only be made at an AGM and any proposals for alterations, duly proposed and seconded by members, shall be in the secretary’s hand not later than 21 days before the date of the AGM.  They must be clearly set out on the agenda for that meeting.

11RESIGNATIONS

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 has been complied with.

A member whose subscription is more than two 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 a notice handed to him or sent to his last known address

12.  EXPULSIONS

The committee shall have the power to expel a member, when in the opinion of the committee it would not be in the interests of the club for him to remain a member.  The 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 dept.

A member may not be expelled or (subject to the rule below) be made the subject of any other penalty unless the panel hearing the complaint shall (unanimously) or (by a two thirds majority) vote in favour of the expulsion of (or any other penalty imposed upon) the member.

The officers of the club (or any person to whom the committee 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.

13.  FINANCIAL

The financial year of the club shall be the period commencing on 1st September and ending on 31st August.  Any change to the financial year shall require the approval of members in a general meeting

All moneys payable to the club shall be received by the Treasurer and deposited in a bank account in the name of the club.

The committee shall retain for a minimum period of 6 years all financial records relating to the club and copies of minutes of all meetings

Funds and property of the club shall not be distributed among members, save as legitimate out of pocket expenses incurred in the running of the club, but shall be applied to the furtherance of the objects of the club or for charitable purposes.  In the event of the club being dissolved or ceasing to exist, the funds remaining shall be devoted to objects similar to those of the club or to charity.

14ADMENDMENTS

The committee shall have powers to make regulations and by laws in accordance with this constitution and to settle points not otherwise provided for.

15.  ACKNOWLEDGEMENT

The members acknowledge that these rules constitute a legally binding contract to regulate the relationship of the members with each other and with the club.