1. Name
1.1 The club shall be named The Cardiff Masters Swimming
Club, hereinafter called the Club.
2. Affiliation
2.1 The Club shall be affiliated to the Welsh Amateur
Swimming Association, hereinafter called WASA, and shall
adopt and conform to the rules of the association.
3. Objects
3.1 The objects of the Club shall be those objects of
the WASA relating to Masters members.
3.2 The aims of the Club shall be:
3.2.1 To provide a safe and structured training and development
environment for members.
3.2.2 To promote Masters' swimming in Cardiff through
the running of active policies for the recruitment / retention
of swimmers and for the development of the Club.
3.2.3 To represent the interests of the Club's membership
to WASA and any other such swimming-related body as may
be appropriate.
3.2.4 To promote and support participation by members
in Masters' competitions. 4. Constitution and By-laws
4.1 Additions to, or alterations or rescissions of the constitution
shall be submitted to the Secretary at least 14 days before
the date of the Annual General Meeting, or together with
a request for a Special General Meeting.
4.2 The Executive Committee shall have the power to make,
repeal and amend temporary by-laws as they may see fit from
time to time. Such by-laws, repeals and amendments shall
have effect until approved as permanent by-laws or set aside
by the Executive Committee or at a General Meeting.
5. Membership
5.1 Membership of the Club shall be open to all persons
aged 18 years or over, subject to the approval of the Club
Executive Committee and payment of the appropriate fees.
5.2 In cases where such approval of a membership application
is not given, the Executive Committee will normally (but
are not obliged to) relay the reason(s) for the decision
to the prospective member. Consideration for membership
would normally (but not exclusively) be based on basic minimum
standards of swimming competence, health, safety and welfare
issues being met and would not be based on race, gender,
religion, political persuasion or sexuality.
5.3 The Club shall affiliate all members to the WASA, unless
they are already affiliated to the WASA, the Amateur Swimming
Association (ASA) or the Scottish Amateur Swimming Association
(SASA) either individually or via another club.
5.4 Any person applying for membership, who is already a
member of another club, shall be admitted at the discretion
of the Executive Committee.
5.5 In accepting membership, a person agrees to be bound
by the rules and constitution of the Club, the laws of the
WASA and the rulings of the Executive Committee.
5.6 Any person applying for membership of the Club shall
submit their application on an official form issued by the
Club.
5.7 All members are eligible to vote at General Meetings.
5.8 Resignation of membership:
5.9 A member wishing to resign membership of the Club during
the year must give written notice to the Secretary of his/her
resignation and must discharge all liabilities to the Club.
5.9.1 A member's resignation shall only be accepted once
5.8.1 has been complied with in full.
5.9.2 No re-imbursement of WASA or Club fees can be claimed
from the Club against the remainder of the year.
6. Fees
6.1 Club membership fees shall be reviewed annually by the
Executive Committee and confirmed at the AGM or SGM.
6.2 Annual Membership fees fall due on the 1st January of
the current year and shall be paid by the 31st January in
each year. Non payment of the membership fee due by the
31st January by any member shall cause their membership
to lapse and such a member shall not be permitted to take
part in any Club activity whether competitive or otherwise.
6.3 Members who have allowed their membership to lapse while
they still have monies outstanding to the Club shall not
be allowed to rejoin the Club in the future until such monies
are paid in full, along with the appropriate membership
fee.
6.4 Any person applying for membership on or after the 1st
February shall be required to pay the appropriate membership
fee at the time of making their application.
6.5 Other fees, including training session fees, shall be
set at the discretion of the Executive Committee as and
when necessary and within the interests of the Club. 6.6
Session fees for prospective new members at any time of
the year:
6.6.1 Prospective members may attend their first training
session free of charge.
6.6.2 They may then attend three more sessions at the standard
session charge before they must apply for membership and
pay the membership fee.
7.
Officers
7.1 The Officers of the Club shall be the Chairman, Vice-Chairman,
Secretary, Treasurer, Coach and Welfare Officer. Positions
for any other such Officers as may be required can be proposed
and filled by the Executive Committee until the next Annual
General Meeting.
7.2 All Officers must be current members of the Club.
7.3 All Officers shall be proposed, seconded and elected
by simple majority at the Annual General Meeting. They shall
hold office until the next AGM when they shall retire, though
they will be eligible for re-election.
7.4 Any Officer wishing to stand down or not wishing to
stand for re-election should advise the Secretary of this
intention at least one month before the date of the AGM
or their date of leaving (whichever is the earliest).
7.5 Any vacancy occurring by resignation, creation or otherwise
may be filled either by the Executive Committee or by a
member of the Club (at the invitation of the Executive Committee)
pending the election of a replacement at a General Meeting.
Where no replacement is forthcoming this may continue indefinitely.
8. Executive Committee
8.1 The management of the Club shall be vested in the Executive
Committee.
8.2 The Executive Committee shall comprise the Officers
of the Club.
8.3 Meetings of the Executive Committee can be convened
by any member of the Executive Committee, and this Committee
shall meet at least four times during its term of office.
8.4 Not less than 2 days notice of a meeting shall be given
to members of the Executive Committee.
8.5 Notice can be verbal, by SMS text, written or via email.
In the case of either email or SMS text receipt of the notice
should be confirmed by the recipient.
8.6 Meetings of the Executive Committee shall normally be
deemed to be open to the attendance and participation of
all Club members, unless otherwise specifically stated,
but only members of the Executive Committee are eligible
to vote.
8.7 The quorum necessary for the transaction of business
for the Executive Committee shall be three Committee members
present and eligible to vote.
8.8 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 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 provisions as to minimum notice contained
in 10.2 shall not apply.
8.9 Every question at a meeting of the Executive Committee
shall be determined by a majority of the vote of the Committee
Members present and voting, every Committee Member having
one vote. In the event of an equality of votes the Chairman
shall have a second or casting vote.
8.10 Minutes should be taken at every meeting, distributed
to all Executive Committee members and filed by the Secretary.
In the Secretary's absence another Committee Member may
carry out these duties.
8.11 It is the responsibility of the Executive Committee
to ensure full Club records are kept. These to include all
minutes, statements of account and details of all activities
carried out by the Club, financial or otherwise.
8.12 The interpretation of the Constitution of the Club
shall be vested in the Executive Committee who shall decide
all questions relating to the Club, save those specified
in, or involving an amendment to the Constitution.
8.13 The Executive Committee shall be responsible for considering
any application for membership and shall decide if this
application should be accepted.
8.14 The Executive 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 any
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 approved
by the members in General Meeting.
8.15 The members of the Executive 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.
8.16 Any Executive Committee Member absent from three consecutive
meetings without reasonable cause shall be removed from
that position immediately.
9.
Annual General Meeting
9.1 The Annual General Meeting (hereinafter 'AGM') of the
Club shall be held within two months of the end of the Club’s
financial year.
9.2 Business to be transacted at the AGM shall include:
9.2.1 Approval of the minutes of the last AGM
9.2.2 Adoption of the Annual Report of the Executive Committee,
including the audited statement of accounts made up to the
end of the last financial year.
9.2.3 Election of the Officers of the Club.
9.2.4 Election of the Auditor.
9.2.5 Review of the Club's activities of the past year.
9.2.6 Consideration of any other motion previously notified
and competent.
9.3 At least 21 days preliminary notice (notice as per 8.5)
of the date of the AGM, inviting nominations and resolutions,
and at least 14 days notice specifying the date, place and
hour, together with the Agenda, proposed amendments to the
constitution and nominations for the posts of Officers on
the Executive Committee, shall be given to all members by
the Secretary.
9.4 Resolutions for the Agenda must be received by the Secretary
at least 7 days prior to the date of the AGM (as per 4.1).
No resolution involving an amendment to the Constitution
may be proposed from the floor of the meeting.
9.5 Amendments to the constitution shall become effective
from whatever future date is decided and minuted at the
AGM or SGM. Such amendments cannot be backdated. Any amendments
to the constitution shall be submitted to the WASA Standing
Orders Committee.
9.6 Nominations for the Officers will be invited by the
Secretary at least 14 days before the date of the AGM. Nominations
may also be invited from the floor of the meeting. Any position
not filled at the AGM shall be referred to the authority
of the Executive Committee.
9.7 Nominations and resolutions can only be accepted from
persons eligible to vote at the AGM. Persons putting forward
nominations or resolutions should attend the AGM in order
to clarify or justify their nomination or resolution if
necessary.
9.8 Quorum for the AGM shall be the greater of; 10% of the
membership or five Club members eligible to vote at the
date of the AGM.
9.9 Any person who has not paid their membership fee for
the current year shall not be permitted to be present or
vote at a General Meeting of the Club, or to propose any
resolution, unless otherwise decided by the Executive Committee.
9.10 Voting at meetings shall normally be by a show of hands.
The Chair of the meeting shall have the discretion to call
a ballot if appropriate. Each member shall have one vote.
9.11 Approval by at least two-thirds of those present and
voting shall be required to carry any resolution in respect
of the Constitution of the Club. Other resolutions shall
be decided by simple majority, and in the event of a tie,
the Chairman of the meeting shall have a second or casting
vote.
10. Special General
Meetings
10.1 A Special General Meeting (hereinafter 'SGM') of the
Club may be called at any time by the Executive Committee,
or within one month of receipt by the Secretary of a request
signed by at least five voting members of the Club.
10.2 At least 14 days notice of an SGM, and its agenda,
shall be given to all Club members. 10.3 Only business for
which the meeting was convened may be acted upon at an SGM.
10.4 Quorum for an SGM shall be the lesser of; 10% of the
membership or five Club members eligible to vote at the
date of the SGM but must consist of at least three of the
signatories requesting the meeting as in 10.1. 10.5 Voting
eligibility and rules are the same as those detailed for
the AGM in 9.9, 9.10 and 9.11. 10.6 If the Executive Committee
shall not proceed to convene an SGM within four weeks of
the requisition by the five or more voting members then
the said members may themselves convene the meeting, but
any meeting convened must be held within three months of
the date of the written request.
11.
Finance
11.1 The financial year of the Club ends on 31st December
and an audited statement of accounts up to and including
this date shall be presented at the AGM of the Club.
11.2 Once agreed at the AGM a copy of the accounts shall
be forwarded to WASA in accordance with the rules of the
WASA.
11.3 The funds of the Club shall be lodged at a bank, building
society or any other method of investment approved by the
Executive Committee in the name of the Club. All cheques,
drafts, etc., drawn on these accounts shall be signed by
any two of: the Officers or other signatories authorised
with the bank by the Executive Committee.
11.4 The Executive Committee shall not be allowed to commit
the Club to the purchase of any item valued at over £500,
or enter into any contract which commits the Club to expenditure
in excess of £500 per financial year, without having the
expenditure agreed via a General Meeting first.
12. Execution Of Documents
12.1 Any document, deed or contract entered into by the
Club after approval by the Executive Committee shall be
signed by two of the Officers of the Club.
12.2 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 or persons involved shall
be guilty of fraud, gross negligence or gross misconduct.
13. Health, Safety and
Welfare
13.1 As per 3.2 the health and safety of all members is
a primary objective of the Club and the Club will take all
reasonable steps to ensure the well-being of all members
as far as is possible.
13.2 The Club and its members will comply with such Health
and Safety legislation and related WASA rules as are applicable
and in force from time to time.
13.3 Club members shall take reasonable steps to ensure
the health and safety of themselves and those around them
and shall not endanger themselves or others in the course
of their membership. Should a member become aware of any
risk to the health and safety of themselves or those around
them in the course of their Club membership they shall inform
the individual in charge of the activity in the first instance.
13.4 The Welfare Officer shall have responsibility for keeping
the Club up to date with all relevant WASA rules regarding
health & safety, vulnerable members and general welfare.
14. Discipline
14.1 The Executive Committee shall have the power to take
appropriate disciplinary action against any member. This
includes the authority to: give written warning, suspend
or expel from the Club any member guilty of conduct deemed
to be to the detriment of the Club or contrary to the safety
or wellbeing of its members or guests.
14.2 Conduct deemed to be to the detriment of the Club includes,
but is not limited to:
14.2.1 Refusal to repay monies owed to the Club, including
repeated and excessive non-payment of session fees; specifically
having more than four sessions' fees outstanding at any
time.
14.2.2 Any behaviour by a member that may be classed as
indecent, violent or harassment whilst acting in a 'member'
capacity.
14.2.3 Any behaviour which is illegal, whilst acting in
a 'member' capacity.
14.2.4 Deliberately endangering the safety or wellbeing
of members or guests.
14.2.5 Any other such conduct so deemed by the Executive
Committee. 14.3 All disputes should be treated in a fair
manner with both sides involved being given the opportunity,
respectively, to present and respond to the case. In any
case where the Executive Committee decides that this necessitates
a formal hearing of the case, events should proceed according
to the appropriate WASA procedural guidelines in effect
at the time.
15. Appeals
15.1 There shall be the right of appeal against any disciplinary
decision made by an Officer of the Club under section 14
of the constitution. The appeal shall be made in writing,
to the Secretary within seven days of the decision being
made known.
15.2 The appeal shall be considered by an independent Appeal
Committee set up by the Executive Committee. This shall
take place within 14 days of its being received by the Secretary
and the appeal shall be considered according to the WASA
procedural guidelines in effect at the time.
15.3 Any member whose appeal is not upheld may appeal to
the WASA in accordance with the WASA appeals procedure by
giving notice to the WASA within 14 days of receiving in
writing the decision of the appeals committee. In such a
case the Secretary will be required to supply, within 14
days of being notified, all relevant papers and evidence.
16. Dissolution of The
Club
16.1 The decision to close the Club shall be made via the
approval of a resolution at an SGM convened specifically
for that purpose.
16.2 In the event of the Club ceasing to exist, any assets
at the time of dissolution shall be:
16.2.1 Used to reimburse Club members with the portion of
the Club membership fee which had been paid to cover the
remainder of the year. In the event of insufficient funds
being available to repay this in full then the remaining
funds shall be divided equally among the members.
16.2.2 Any remaining assets following
16.2.1 shall be managed by the WASA and shall be applied
towards the furtherance of the Club objectives, or devoted
towards objects similar to those of the Club. In full the
assets shall be applied by the WASA towards the objects
of the WASA or for such other purposes approved by the Commissioners
of Customs and Excise.
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