Constitution

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 Swim Wales, 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 Swim Wales 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.

’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 Swim Wales 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 Swim Wales, unless they are already affiliated to Swim Wales, 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 Swim Wales 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:
5.8.1 A member wishing to resign membership of the Club during the membership year must give written notice to the Secretary of his/her resignation and must discharge all liabilities to the Club.

5.8.2 A member’s resignation shall only be accepted once 5.8.1 has been complied with in full.

5.8.3 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 April of every year and shall be paid by the 30th April in each year. Non payment of the membership fee due by the 30th April 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 May 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, Head Coach and Welfare Officers (preferably 1 male and 1 female). 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.

7.6 All Officers of the club must be subject to any rules and regulations applicable to their role. As laid down by Swim Wales and other appropriate legal bodies or governing authorities.

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 every other month 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. Notice of anticipated non-attendance at meetings is required as soon as possible prior to meetings taking place.

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. Records should be kept in accordance with any Quality Assurance program recommended by any relevant governing body.

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.

8.17 The Executive Committee have the right to create, disband, and empower sub-committee(s) to work on designated tasks. Any such sub-committee is answerable to the Executive Committee and must contain at least 1 member of the Executive Committee.

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 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 14 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 Swim Wales 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 March and a statement of accounts that has been subjected to an assurance check 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 Swim Wales in accordance with the rules of Swim Wales.

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.

11.5 Online payments and movements of funds shall be carried out only by those users of the club’s bank accounts authorised by the Executive Committee.

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 Swim Wales 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 Officers shall have responsibility for keeping the Club up to date with all relevant Swim Wales rules regarding health & safety, vulnerable members and general welfare. All Welfare Officers are expected to attend appropriate training as and when necessary/available and such training is to be paid for by the club.

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 ny 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 Swim Wales 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 Swim Wales procedural guidelines in effect at the time.

15.3 Any member whose appeal is not upheld may appeal to Swim Wales in accordance with the Swim Wales appeals procedure by giving notice to Swim Wales 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 Swim Wales 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 Swim Wales towards the objects of Swim Wales or for such other purposes approved by the appropriate Government Department.

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