Carlisle Masters Constitution

Rules of Carlisle Masters as at 1 April 2009

1 Name

1.1 The name of the Club shall be Carlisle Masters.

2 Objects

2.1 The objects of the Club shall be the teaching, development and practice of swimming and the promotion of competitions and championships for it’s members. 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 age, sex, ethnic origin, religion, disability or political persuasion.

2.1.2 The club shall implement the ASA Equal Opportunities Policy.

2.2 The Club shall be affiliated to Northern Counties and Cumbria District Amateur Swimming Association 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 Amateur Swimming Association (“ASA Laws”) and in particular all competing members shall be eligible competitors as defined in ASA Laws.

2.4 By virtue of the affiliation of the Club to Northern Counties and Cumbria District Amateur Swimming Association the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.4.1 Northern Counties and Cumbria District Amateur Swimming Association; and

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

2.4.3 British Swimming (to include in particular the British Swimming Doping Control Rules and Protocols and British Swimming 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 Membership

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.

3.2 All persons who assist in any way with the club’s activities shall become members of the club and hence of the ASA and the relevant ASA membership fee shall be paid. Assisting with the club’s activities shall include, but not be restricted to, administrators, associate members, instructors, teachers and coaches, whether employed, self employed or voluntary, 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.

3.3 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 ASA shall be subject to all the constraints and privileges of the Judicial Laws and Rules.

3.4 Any person who wishes to become a member of the Club must submit a signed application to the Secretary. Election to membership shall be determined by the Membership Officer OR the committee but other person(s) authorised by the committee may make recommendation as to the applicant’s acceptability. The Membership Officer or the committee 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 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 North West Region. 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.

3.5 The club shall not refuge an application for membership on discriminatory grounds, whether in relation to ethnic origin, age, sex, sexual orientation, religion, disability or political persuasion.

3.6 The club may refuse membership only for good and sufficient cause, such as conduct or character likely to bring the club or the sport into disrepute.

3.7 All membership shall be renewed on an annual basis through the process of reapplication not later than 1st April in accordance with Rule 4.2.

3.8 The category of membership shall be in accordance with Rule 3.9.

3.9 The membership of the club shall be in the following categories:

3.9.1 All members shall be eligible to hold office and to attend and vote at Committee and General Meetings.

3.9.2 Honorary Members, who shall be elected by the Committee, with the exception of the President or Vice President, for such a 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 their ordinary membership of the club. Such Honorary members must be included in the Club’s annual return as to membership.

3.9.3 Life Members, who shall be elected at the Annual General Meeting on a recommendation made by the Committee in recognition of outstanding services rendered to the Club. Life Members shall be entitled to all the privileges of membership shall be members of the Committee with the power to vote at Committee and General meetings and must be included in the Club’s annual return as to membership.

3.9.4 Associate Members, who shall be elected by the Committee in recognition of support or services rendered to the Club. Associate Members shall be entitled to all the privileges of membership including the right to vote at General Meetings, to hold office and be elected to the Committee and must be included in the Club’s annual return as to membership. (If they are not given full privileges provide the exceptions.)

3.9.5 Temporary Members, who are individuals granted temporary membership by the Committee by virtue of their participation in specific event(s) organised by the Club in conjunction with a club, body, association or organisation under the provision of the ASA Law on temporary membership.

4 Subscription and Other Fees

4.1 The annual member’s subscription 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 entrance fee (if any) shall be due on joining the Club and thereafter on the First day of April each year.

4.3 Any member whose subscription is 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.

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 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.

5 Resignation

5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his/her resignation. A member’s resignation shall only take effect when agreed by the Management Committee and there is no outstanding financial commitment or disciplinary action outstanding against the individual and 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 six months in arrear shall be deemed to have resigned. Where the membership of a member shall be terminated in this way he/she shall be informed in writing that he/she is no longer a member by notice handed to him/her or sent by post to his/her last known address.

5.3 The ASA shall be informed should a member resign when owing money or goods to the Club.

6 Expulsion and other Disciplinary action

6.1 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 of Rule 6.3 and Rule 6.4 below.

6.2 Upon expulsion the former member shall not be entitled to have any part of the annual membership fee or other fees refunded and must return any club or external body trophy(ies) forthwith.

6.3 The Club shall comply with the requirements and procedures of ASA Law for handling all Internal Club Disputes as the same may be revised from time to time.

6.4 A member may not be expelled or subject to Rule 6.5 below be made the subject of any other penalty unless the panel hearing the complaint shall unanimously vote in favour of the expulsion of, or other penalty imposed upon, the member.

6.5 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 disciplinary action is taken it shall be dealt with in accordance with ASA Laws and procedures.

6.6 The Officials in charge of a particular event shall be responsible for the discipline. If further action is required this is to be referred to the Disciplinary Sub Committee. The Disciplinary Sub Committee to be five members, appointed by the Management Committee, of which three members must be present at the “Disciplinary Hearing”.

6.7 The Management Committee reserves the right to expel or disqualify (or any other penalty imposed upon) any member by a majority of two thirds at any disciplinary meeting, provided notice of such expulsion or disqualification is given on the notice calling the meeting and the accused is invited to attend and speak, to call witnesses and to question witnesses called against him/her. Another person to assist in presenting his/her defence may accompany the member. If the alleged offence is also an infringement of ASA Law the Club shall not deal with the matter but shall make a complaint to the ASA under the ASA Judicial Laws and Rules.

7 Committee

7.1 The Committee shall consist of the Chairman, Secretary, Treasurer (together “the Executive Officers of the Club”) and four other elected members to include the Swim Meet Convenor, Team Manager, Membership Officer, Events Secretary all of whom must be members of the Club. The club shall have a Welfare Officer, Membership officer and Events officer.

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.

7.2.1 The other (non-executive) officers (including the Welfare officer) shall be proposed seconded and elected by ballot at the Annual General Meeting.

7.2.2 The non-executive officers shall report to the Committee.

7.3 Committee meetings shall be held not less than quarterly (save 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 the members of the Committee not less than seven days 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 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 up to three further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall not 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 the membership of the club 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.

7.8 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 Committee shall have the power to make regulations and to settle disputed points not otherwise provided for in this constitution.
7.10 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.
7.11 The Committee shall maintain an Accident Book in which all accidents to club members at swimming related events shall be recorded. Details of such accidents shall be reported to the ASA Office. The club shall make an annual return to the ASA in the prescribed form.

7.12 The Committee shall ensure that the financial records and minutes of meetings are retained for a period of not less than six years.

7.13 The Committee shall from time to time as required appoint a Welfare Officer, who shall not be a member of the teaching or coaching staff, an Officer or a Committee member in any other capacity and shall not be a member of the family of an Officer, a Committee member or the teaching and coaching staff. The Welfare Officer shall not be a member of the Committee and shall report to the Committee on all aspects of welfare concerning the members of the club.

7.14 At the first Committee meeting following the Annual General meeting the Committee shall appoint the delegates to attend the Council meetings of the ASA North West Region, the Cumbria Amateur Swimming Association and such other bodies and Associations to which the Club is affiliated, as required.

8 Officers

8.1 The Officers of the Club shall be the Chairman, the Secretary and the Treasurer.

8.2 The Officers of the Club shall be proposed, seconded and elected 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 Annual General Meeting

9.1 The Annual General Meeting of the Club shall be held each year on a date falling within the period 1 April (“the Opening Date”) and 31 May (“the Closing Date”). The date, time and venue 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 Chairman’s report of the activities of the Club during the previous year; and

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; and

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; and

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

9.2.5 to elect the Welfare Officer; and

9.2.6 to elect the delegates to attend the Council meetings of the ASA North West Region, and other bodies to which the club is affiliated, as required; and

9.2.7 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 21 days before the Opening Date specified above. 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 less than 21 days before the Opening Date.

10 Special General Meeting

10.1 The Committee may call a Special General meeting at any time.

10.2 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 10 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.

11 Procedure at the Annual and Special General Meetings

11.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written notice of the date, time and place of a General Meeting together with the closing date for any resolutions to be proposed thereat at least 28 days before the meeting. 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 the Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.

11.2 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda for 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 Secretary may, alternatively, with the agreement of member(s) concerned distribute these materials by e-mail or similar form of communication.

11.3 The quorum for the Annual and Special General Meetings shall be 7 members entitled to attend and vote at the Meeting which must contain at least one officer.

11.4 The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each paid up 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.

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

11.6 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.

12.2 No amendment to the rules shall become effective until such amendment shall have been submitted to and validated by the ASA North West Region or at a subsequent date decided by the meeting.

12.3 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 28 days before the meeting (in the case of the Annual General Meeting or 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 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.

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 the Treasurer and one other signatory. 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.

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 think fit.

14.5 The financial year of the Club shall be the period commencing on 1 April and ending on 31 March. Any change to the financial year shall require the approval of the members in a General Meeting.

15 Borrowing

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

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

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 Equity Policy Statement

18.1 Carlisle Masters is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability, age, sexual orientation or political persuasion.

18.2 Carlisle Masters will ensure that equity as stated in the club rules is incorporated in all aspects of it’s activities and also recognises and adopts the Sport England definition of Sports Equity:

Sports equity is about fairness in sport, equality of access, recognising inequalities and taking steps to address them. It is about changing the culture and structure of sport to ensure that it becomes equally accessible to all members of society, whatever their age, ability, gender, race, ethnicity, sexuality or socio-economic status.

18.3 Carlisle Masters is committed to everyone having the right to enjoy their sport in an environment free from threat of discrimination, intimidation, harassment and abuse.

18.4 All Carlisle Masters members have a responsibility to challenge discriminatory behaviour and promote equality of opportunity.

18.5 Carlisle Masters will deal with any incidence of discriminatory behaviour seriously, according to the club disciplinary procedures.

18.6 Carlisle Masters follow the ASA/British Swimming Equal Opportunity policy as shown below (Annex A).

19 Acknowledgement

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

Annex A

ASA/British Swimming Equal Opportunity in Swimming

‘Equal Opportunity is about celebrating difference and diversity and as such providing a swimming structure that can respond to this in a proactive and positive manner’.

The ASA and British Swimming is totally committed to the principals and practice of equal opportunities across all of it’s aquatic disciplines, both as an employer, provider and as facilitator of such practices by all it’s members. In our work with key partners, such as the athletes, clubs, teachers, coaches, officials and administrators, we will advocate our policies make every effort to ensure that all participation has equity at it’s core.

Swimming is a ‘sport for all’. It can and should be enjoyed and made accessible to everyone and to achieve this:
- The ASA/British Swimming is committed to work towards ensuring that swimming is accessible to the, many rather than the few.
- The ASA/British Swimming recognizes the need to acknowledge the diversity of provision that is required to ensure that all people, regardless of their race, sex/gender, disability, age, sexual orientation, social or economic background can access swimming and develop at a level that is appropriate to them.
- The ASA/British Swimming recognizes the need to celebrate differences and diversity of provision as a means of creating entitlement and accessibility to our structures.
- The ASA/British Swimming recognizes that equal opportunity is about recognizing that people are different and therefore require different provision.
- The ASA/British Swimming recognizes the need to consult widely in order to respond to diversity.

Addressing Equal Opportunities

In addressing equal opportunities, the ASA/British Swimming will respond to issues of equity by:
- Recognising that swimming as an organisation – our staff, athletes, coaches, teachers, officials and administrators need to adapt and work flexibly in order to respond to the needs of a wide and diverse range of people.
- Take positive action to increase the involvement from under represented groups in all aspects of our organisation, participation, coaching, teaching, officialdom etc.

In doing so the ASA/British Swimming supports four key principals as being fundamental to ensuring that everyone can participate in our sport and the achievement of equality of opportunity:
Entitlement
People have a right to participate in and access quality and appropriate experiences within diving, swimming, synchronised swimming and waterpolo.
Accessibility
It is the responsibility of the ASA – our teachers, coaches, officials and administrators – to adapt provision to fit the needs of the many.
Inclusion
Wherever and whenever possible, all to access the same quality of provision, and if necessary to use positive action to ensure this.
Integrity
Whatever we do as an Association to change or adopt provision, it must be of equal worth, challenging, relevant and in no way patronising.

Lines of responsibility

The ASA/British Swimming will strive to become an organisation that values diversity and in order to achieve this we recognise that there must be clear lines of responsibility between all segments of the organisation.

The ASA/British Swimming as an employer

The ASA/British Swimming aspires to provide a diverse workforce, a composition of which reflects that of the broader community in terms of gender, ethnicity and disability. In order to bring about this diversity we undertake to:
- Provide full and fair considerations for all job, role and applications.
- Assist all our employees to realise their full potential by ensuring that they receive fair consideration of their training and career development needs and promotion opportunities.
- Wherever possible modify employment practices and procedures to reduce barriers experienced by members of disadvantaged social groups in seeking and during employment with the Association.
- Maintain full records in recruitment, training and employment and use this information as a means of identifying areas of inequality.
- Require all our employees to undergo relevant training before taking part in recruitment and selection.
- Regularly review our recruitment, selection, training and promotion procedures to ensure that they are fair and reflect current best practice.

The ASA/British Swimming as a Membership Organisation

The ASA/British Swimming is committed to encouraging membership from all sectors of the community. To achieve this we undertake to:
- Promote an open and honest culture that values diversity.
- Communicate widely, ensuring that our messages can be understood and appreciated by all.
- Positively encourage the involvement of all people, regardless of their gender, race, disability, age and social background.
- Work to redress the effects of discrimination.
- Change attitudes and working practices to ensure that everyone can feel a valued member of the Association.

Teachers and Coaches

In our training and development of Teachers and Coaches, we will strive to ensure that they:
- Establish and implement professional and ethical values and practice.
- Promote and apply the principals and practices of equal opportunities.
- Promote positive images of people with Special needs.
- Have a commitment to providing entitlement and access to all their professional activities.
- Encourage high expectations and standards of achievement from all they teach.
- Involve everyone in meaningful and appropriate activity to ensure a quality experience.
- Help everyone to achieve their full potential.

Officials and Administrators

In our involvement of officials and administrators we will expect them to:
- Adopt, promote and practice the values of the Association.
- Ensure that participation can be enjoyed by all.
- Provide meaningful and appropriate experiences, which recognise and value the diversity of the participants.
- Actively encourage the participation and involvement of people from disadvantaged groups of the community.