RULES of DRONFIELD DOLPHINS Swimming Club proposed as at June 2007 

          

1. Name

1.1     The name of the Club shall be DRONFIELD DOLPHINS Swimming Club

1.2     The predominant club colours of Dronfield Dolphins shall be red, white and black.  

2. Objects

 

2.1 The objects of the Club shall be the objects of the Amateur Swimming Association and in particular the teaching and practice of swimming.

 

2.1.1 The Club is committed to treating everyone equally within the context of its activity. This shall be, for example, regardless of sex, ethnic origin, religion, disability or political persuasion, on any grounds.

 

2.1.2 The Club shall implement the ASA Equal Opportunities policy.

 

2.2 The Club shall be affiliated to ASA East Midlands Region and Derbyshire Amateur Swimming Association (and shall adopt and conform to the rules of such associations) 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:

 

2.3.1 all competing members shall be eligible competitors as defined in ASA Laws; and

 

2.3.2 the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and shall recognise that the welfare of the children is everyone’s responsibility and that all children and young people have a right to fun, be safe and be protected from harm.

 

2.3.3 Members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.

 

2.4 By virtue of the affiliation of the Club to ASA East Midlands Region and Derbyshire ASA the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

 

2.4.1 ASA East Midlands Region and Derbyshire ASA and any other body to which affiliated

 

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 its Doping Control Rules and Protocols and 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 Membership of the club is open to everyone in the community. The total membership of the Club shall not normally be limited. However the Committee may need to consider imposing an upper limit on the number of swimming members as appropriate due to availability of water resources and safe lane loading.

 

All persons who assist in any way with the Club’s activities shall become members of the Club (but see paragraph below re coaches) 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, voluntary instructors, teachers and coaches, committee members, helpers, officials, 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.

 

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.

 

3.2 Any person who wishes to become a member of the Club must submit a signed application to the Secretary or other person authorised by the Committee (and in the case of a junior swimmer the application must be signed by the swimmer’s parent or guardian). 

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.

 

3.3 Membership comprises of the following categories:

a)                 Learner members and Advanced Learner members (non-voting)

b)                 Junior Swimming squad members (under age 18) (non-voting)

c)                 Senior Swimming squad members (age 18 & over) (voting)

d)                 Parent/Guardian members who are also ASA members. (Voting)

e)                 Coaching/Teaching members (voting)

f)                  Officials members (voting)

g)                 Persons invited to be members (non-voting) at the discretion of the Committee

 

4 Subscription and Other Fees

 

4.1 The annual members subscription and lesson, coaching and squad fees (as applicable) shall be determined for each category from time to time by the Committee and the Committee may in so doing make special provision for different classes of membership within each category as it shall determine.

This shall include the power to make an increase in the rate of subscription and fees, which 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.

4.2 i)The annual subscription or levy (if any) shall be due on joining the Club and thereafter on the first day of February each year.

ii) Squad fees are payable in monthly instalments due on the first day of each month of the year.

Lesson fees for learner members and advanced learner members are payable by separate arrangement.

 iii)Swimmers belonging to the Derventio training squad shall pay an annual fee which shall be  determined in accordance with rule 4.1. This is in lieu of the annual fee mentioned above.

iv) Pay before you swim fees are available but limited to one particular squad, entry to which must be approved by the committee. The fees for this shall be determined in accordance with rule 4.1

 

 

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 . Non payment of fees in case of hardship will be investigated by two of the Club’s three officers who will have the discretion to vary the fees if appropriate. Any decision to be reviewed after a three month period. Treasurer to be informed if not one of the two officers as mentioned above but the rest of the committee to be informed that a hardship decision has been made without necessarily specifying names to keep the matter as confidential as possible.

 

5 Resignation

 

5.1 A member wishing to resign membership of the Club must give to the Membership Secretary, or other person authorised by the Committee, written notice of his resignation.  A member’s resignation shall only take effect when 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 two months in arrears without notification of reason shall be deemed to have resigned.

 

6 Disciplinary and Disputes Procedure

 

 6.1 The Club shall adopt and comply with the ASA Guidelines for handling disputes.

 

7 Committee

 

7.1 The Committee shall consist of the three Officers, being Chairman, Secretary and Treasurer together with a maximum of 10 elected members all of whom must be voting members of the Club, plus Senior Coaches/Club Coach. The Club shall have a Welfare Officer. All Committee members must be not less than 18 years of age, though the Committee may allow younger members or other invited Club members to attend their meetings as observers without power to vote. No more than three members of the total committee numbers should be coaching members where those coaches are not also parents/guardians.

 

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.

 

 

7.3 Committee meetings shall be held not less than once a month (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be seven (to 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 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 such other date and time as may be determined by the Chairman.

 

7.5 In addition to the members so elected, as specified in accordance with 7.1, the Committee may co-opt 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 among their number such sub-committees as they may consider necessary and may delegate to them such of the powers and duties of the Committee as deemed appropriate.

 

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.  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.

 

7.8 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.

 

7.9 The committee shall maintain an Accident Book in which all accidents to club members at swimming related activities 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.

 

8 Officers

 

8.1 The Officers and Committee of the Club shall be proposed, seconded and elected (by ballot if necessary) at the Annual General Meeting and shall hold office until the next Annual General Meeting when they shall retire.  Any vacancy occurring in the composition of the Committee as specified at 7.1 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 November and 30 November.  The date 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;

 

9.2.2 To receive and consider the accounts of the Club for the previous year and the Treasurer's report as to the financial position of the Club;

 

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;

 

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

9.2.5 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 within the period commencing 21 days before the date of the AGM. 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 within the same period.

 

10 Special General Meeting

 

10.1 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 signed by not less than 7 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 be responsible for publicising the date, time and place of the General Meeting at least 14 days before the meeting. In the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the accounts will be made available at the meeting. 

 

11.2 The quorum for the Annual and Special General Meetings shall be 7 members entitled to attend and vote at the Meeting or if greater such number as represents (one-tenth) in number of such members.

 

11.3 The Chairman, or in his absence a member selected by the Committee, shall take the chair.  Each 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. Paid up members who have reached their 18th birthday shall be entitled to be heard and to vote on all matters. 

 

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

 

11.5 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.  No amendment to the rules shall become effective until such amendment shall have been submitted to and validated by ASA East Midlands Region.

12.2 Any member shall be entitled to put any proposal for consideration at any General Meeting provided the proposal in writing shall have been delivered to the Secretary of the Club in accordance with the procedure in Rule 9.3.

 

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 two of the three signatories who shall be the Chairman, Secretary and Treasurer.  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, save as set out in Rule 17.3.

 

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 October and ending on 30 September.  Any change to the financial year shall require the approval of the members in a General Meeting.

 

14.6 The committee shall retain for a minimum period of six years all financial records relating to the club and copies of Minutes of all meetings.

 

 

 

 

15  Borrowing

 

15.1 The Committee may borrow money on behalf of the Club for the purposes of the Club from time to time at their own discretion up to such limits on borrowing as may be laid down from time to time by the General Meeting for the general upkeep of the Club or with the prior approval of a General Meeting for any other expenditure, additions or improvements.

 

15.2 If so borrowing the Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sums or sums of money in such manner or on such terms and conditions as it thinks fit.

 

15.3 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 Custodians of property of the Club, other than cash at the bank, shall deal with the property as directed by the Committee.

 

 

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.

 

17.2 The dissolution shall take effect from the date of 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 divided rateably in proportion to the amount each member has paid in subscriptions among the members of the Club at the date of dissolution.

 

18 ACKNOWLEDGEMENT

 

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

 

The following statement should appear on Club membership forms and should be signed by the member and must also be countersigned by parent or guardian of members under 18 years of age:

 

I acknowledge receipt of the rules of Dronfield Dolphins Swimming Club and confirm my understanding and acceptance that such rules (as amended from time to time) shall govern my membership of the Club. I further acknowledge and accept the responsibilities of membership upon members as set out in these rules.