CLUB CONSTITUTION

Constitution of TENBY & DISTRICT SWIMMING CLUB Swimming Club
as of 1st September 2009

1. Name

1.1 The name of the Club shall be TENBY DOLPHINS

2. Objects

2.1 The objects of the Club shall be the objects of the Swim Wales / Nofio Cymru Ltd. (WASA). In the furtherance of these objects:

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

2.2 The Club shall be affiliated to the Swim Wales / Nofio Cymru (WASA) (and shall adopt and conform to the rules of such association) and such other bodies as the Club may determine from time to time.

2.3 The business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the WASA (“ Laws”) and in particular:

2.3.1 all competing members shall be eligible competitors as defined in the Laws; and
2.3.2 the Club shall in accordance with the Laws adopt the Child Protection Procedures; and
2.3.3 members of the Club shall in accordance with the Laws comply with the Child Protection Procedures.

2.4 By virtue of the affiliation of the Club to the WASA the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 Swim Wales South West Region.
2.4.2 FINA, the world governing body for the sport of swimming in all its disciplines (together with “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.

2.6 This constitution is subject to the law of England and Wales.

3 Membership

3.1 Membership of the club shall be open to all persons subject to the approval of the club Management Committee.

3.2 The club shall be required to affiliate all members to the WASA

3.3 The annual membership club joining and session fees shall be reviewed annually by the Management Committee and shall be confirmed at the AGM or SGM.

3.4 General club membership fees as decided by the Management Committee and the WASA membership fee shall be due on the first day of January in each year and shall be paid before the 31st January in each year. Non payment by any member of the WASA membership fee due by the 31st January shall cause their membership to lapse and such a member shall not be permitted to take part in any club activity whether competitive or not.

3.5 Any person applying for membership of the club shall submit their application on an official form issued by the Secretary or Membership Secretary of the club.

3.6 Any person applying for membership on or after the first day of February shall be required to pay the appropriate membership fee within one month of acceptance of their membership and such part of the club membership fee as shall be decided by the Management Committee.

3.7 Any person applying for membership on or after the first day of October shall be liable to pay one half of the annual subscription fee and appropriate annual subscription for the WASA within one month of acceptance.

3.8 Any person applying for membership who is already a member of another club shall be admitted at the discretion of the Management Committee but in accordance with Rules of the Constitution as far as it is applicable.

3.9 All members shall be bound by the rules and constitution of the WASA and of the club which are in force at the appropriate time.

3.10 Members entitled to vote at general meetings of the club must have reached 16 years of age. A parent or guardian may represent and vote on behalf of a member under the age of 16.

4 Resignation

4.1 A member wishing to resign membership of the Club must give written notice to the Secretary of his/her resignation and must discharge all liabilities to the club. A member’s resignation shall only take effect when this (Rule 4.1) has been complied with.

4.2 Notwithstanding the provisions of Rule 4.1 above a member whose subscription is more than 1 month 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 Expulsion and Other Disciplinary Action

5.1 Introduction

The purpose of these notes is to give clubs guidance in handling internal club disputes. With the introduction of the Code of Ethics and the increased risk of litigation it is important that internal disputes are handled correctly from the outset. Whilst most clubs do, from time to time, have disputes between Committee members, parents and swimmers these can usually be resolved amicably between the individuals concerned. Occasionally it is also necessary to discipline swimmers for minor incidents of misbehaviour and this can also be done by the Coach/Team Manager.

Sometimes a more serious dispute arises in a Club and because such a situation does not occur frequently Clubs are unsure how to handle the matter. This can lead to the dispute becoming more serious with recourse to the judicial procedures necessary.

The key message when dealing with disputes is to ensure:

a. All parties are treated fairly
b. The complainant has the opportunity to present the case
c. The accused has the opportunity to respond

These Guidelines do not apply to paid employees of a Club. If a Club is in dispute with a paid employee then the employment contract and employment law needs to be considered. Specialist legal advice may have to be sought.

5.2 Procedures

On receipt of the dispute every effort shall be made to resolve the matter by informal discussion. If this fails or it is clearly necessary to discipline a member, the Club should set up a Disciplinary Panel to deal with the matter.

The Panel shall consist of three persons, one to act as Chairperson. A Minute Secretary shall be appointed. The Panel will need to consist of people who are impartial and not involved in the dispute or who have direct knowledge of the dispute and the Club may want to ask individuals from outside the Club to sit on the Panel.

The Chairperson should notify both parties of the date, time and place of the hearing and the names of the Panel members. Both parties should be given copies of all the papers and every effort should be made to hold the hearing within 14 days of the receipt of the dispute.

If either party is under 18 years of age they must be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them or other family member) or coach to help them present their case.

Both parties should be allowed to bring witnesses.

The hearing should be as informal as possible but needs to be controlled. Points to note:

A The Complainant should present evidence first and the accused should have the right of reply.
B Both parties to the dispute should be able to call witnesses, the Complainant going first and each part should be allowed to question the other party's witnesses.
C Witnesses should wait outside the hearing room until they are called. After questioning they should wait in the hearing room, taking no further part in the proceedings.
D The Panel shall consider all the evidence and reach their decision on the balance of probabilities
E The Secretary shall make notes of the hearing and the Panel shall make every effort to announce their decision verbally to all parties without delay followed by written decision and reasons, to reach all parties within seven days.
F If the complaint is found to be unjustified then no action will be taken and all parties will be notified immediately.

The Panel, if its decision is that a disciplinary offence has been committed and/or the complaint is upheld, shall have the power to:
1 Fine
2 Give written warning
3 Suspend
4 Expel

6 Appeals as a result of Disciplinary Action

6.1 Any member found guilty by the Disciplinary Panel shall have the right to appeal to the Management Committee of the club within 21 days of receiving notice of the decision of the Disciplinary Panel. The Management committee shall, within 7 days of receiving such notice, set up an Appeals Committee which shall consist of 3 members of the club who shall be independent of the Disciplinary Panel and shall be chaired by a representative of the region applicable to the club. Any member whose appeal is not upheld should have a final right of appeal to the Swim Wales / Nofio Cymru in accordance with the Association’s appeals procedure by giving notice to the WASA within 14 days of receiving in writing the decision of the Appeals Committee. The club secretary will be required to supply, within 14 days of being notified, all relevant papers and evidence.

6.2 Pending the hearing of an appeal the sentence imposed by the Disciplinary Panel shall be suspended.

7. Committee

7.1 The Committee shall consist of the Chairman, Secretary, Treasurer, Child Welfare Officer (the “Officers” of the club) together with the Head Coach, Team Manager, Press Officer, and seven elected members, all of whom must be members of the Club. All Committee members must be at least 18 years of age, though the Committee may allow younger member(s) to attend their meetings as athlete representatives without power to vote.

7.2 The Officers of the club shall be ex-officio members of any sub-committee.

7.3 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.

7.4 Committee meetings shall be held not less than 10 times per annum at monthly intervals (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be not less than seven of the Committee members and will 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 oral or written notice of a meeting. A simple majority shall make decisions of the Committee 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.

7.5 In the event that a quorum is not present within thirty minutes of the published 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 10.2 shall not apply.

7.6 In addition to the members so elected the Committee may co-opt up to three (3) 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, but shall not be counted in establishing whether a quorum is present.

7.7 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). They may delegate 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.

7.8 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.

7.9 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.

7.10 Any Committee Member absent from three (3) consecutive meetings without a reasonable cause shall be removed from that position immediately.

8 Officers [and Honorary Members]

8.1 The 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 shall be registered as a member of the WASA by the club.

8.3 The 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 (AGM)

9.1 The Annual General Meeting of the Club shall be held within 2 months of the end of the club’s financial year and shall transact the following business:-

• Approval of the minutes of the last AGM
• Adoption of Annual Reports of Officers of the club, the Chairman and Sub-Committees
• Adoption of Annual Accounts as per Clause 13.1
• Election of the President of the club
• Election of the Officers of the club
• Election of the Management Committee
• Election of Honorary Auditor, legal Advisor and Medical Advisor
• Consideration of any other motion, due notice of which having been given

9.2 Preliminary notice of the AGM, listing Officers for whom nominations are required will be given two (2) months before the date of the AGM.

9.3 Nominations for office and motions for inclusion on the Agenda must be received by the Secretary not less that 28 days before the date of the AGM

9.4 All nominations shall be proposed and seconded by voting members of the club and shall be signed by the person nominated.

9.5 Notice convening the meeting shall, together with copies of the annual reports, be published to all officers and members at least 21 days before the AGM

9.6 Any amendment to motions shall be sent to the Secretary at least 7 days before the AGM

9.7 Voting at meetings shall normally be by a show of hands. The person presiding shall have the discretion to call a ballot if appropriate.

9.8 A quorum for the AGM shall be the lesser of (10%) or twelve (12) club members eligible to vote at the date of the AGM

10 Special General Meeting

10.1 A Special General Meeting may be called at any time by the Management Committee or by a request in writing of not less than ten (10) voting members of the club.

10.2 At least 14 days notice of such a meeting shall be given to the Officers and members entitled to attend. Notice of such meetings and agenda shall be fixed to the club’s notice board at least 14 days prior to the meeting.

10.3 No other business shall be transacted at such a meeting.

10.4 A quorum for a Special General meeting shall be the lesser of (10%) or twelve (12) club members eligible to vote at the date of the meeting but must consist of a minimum of the ten (10) signatories of those requesting the meeting as in 10.1

10.5 Voting at meetings shall normally be by a show of hands. The person presiding shall have the discretion to call a ballot if appropriate.

10.6 If the management Committee shall not proceed to convene a Special General Meeting within 4 weeks of the requisition by the ten (10) or more voting members then the said members might themselves convene the meeting, but any meeting convened must be held within 3 months of the date of the written request.

11 Alteration of the Constitution and other Resolutions

11.1 The constitution may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a simple majority of members present and entitled to vote at the General Meeting. No amendment to the constitution shall become effective until such amendment shall have been submitted to and validated by the WASA Standing Orders Committee.

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 a) The financial year shall end on 31st March and an audited statement of account up to and including this date shall be presented at the AGM of the club.

b) The club accounts shall be forwarded to the WASA in accordance with WASA Rule 9.3.1 (Each Affiliated Club shall forward to the WASA Office its accounts for the preceding year. These accounts shall comprise a detailed income and expenditure account (which shall show the number of members and the fees actually paid) together with a balance sheet.

13.2 The funds of the club shall be lodged at a bank or building society or any other method of investment approved by the Management Committee in the name of the club. All cheques, drafts etc drawn on these accounts shall be signed by the Treasurer and either the Chairperson or Secretary.

13.3 In the event of the club ceasing to exist, any assets at the time of dissolution shall be managed by the Swim Wales / Nofio Cymru and shall be applied toward the furtherance of the club objectives or devoted to objects similar to those of the club. The assets shall be applied by the Association towards the objectives of the Association or for other such purposes approved by the commissioners of Customs & Excise.

14 Execution of Documents

14.1 Any document, deed or contract entered into by the club after prior approval of the Management Committee shall be signed by 2 of the Officers of the club save that financial contracts not exceeding £50 in value shall be required by one (1) Officer of the club only.

14.2 The club shall indemnify the Officers and Committee of the club against any claim made against them on behalf of the club unless the person/individual shall be guilty of fraud, gross negligence or gross misconduct.

15 Health & Safety

15.1 The club recognises that the health & safety of all members must be a primary club objective and will take all reasonable steps to ensure their wellbeing as far as is possible.

15.2 The club shall comply with such Health & Safety legislation and WASA Rules as is applicable and in force from time to time.

16 Child Protection

16.1 The club shall comply with such Child Protection legislation and WASA Rules as is applicable and in force from time to time