Constitutional
Rules of Cumbria Amateur Swimming Association
(Adopted
on 23rd January 2011)
CONTENTS
1.Name
2.Definition
3.Aims
4.Objectives
5.Powers and
Responsibilities of the Association
6.Affiliation
and Membership
7.Suspension and Resignation
8.Finance
9.Governance
10.Officers
11.Council
12.Responsibilities
of Council
13. Meetings
of Council
14.Honorary
Trustees
15.Executive
Committee
16.Independent
Financial Examiner
17.Standing
Committees
18.Representing
the Association
19.Award
of Association Badge
20.Competition
Conditions
21.Expulsion and Other Disciplinary
Action
22.Dissolution
Appendix
AStanding Orders
Appendix
BASA Laws and Regulations
____________________________________
1. NAME
1.1 The Association shall be called the
Cumbria Amateur Swimming Association (herein after called the Association).
2. DEFINITION
2.1 Cumbria Amateur Swimming Association shall
be based on the administrative county of Cumbria.
3. AIMS
3.1 The
Aims of the Association shall be to:
3.1.1 Carry out the aims and objectives of the Amateur
Swimming Association (ASA) and the ASA North West Region (ASANWR), as directed
and required, within its jurisdiction.
3.1.2 Obey and enforce the laws, rules, regulations and rulings of
the ASA and the ASANWR within its jurisdiction.
3.1.3 Manage the sport of swimming throughout the county.
3.1.4 Promote and encourage the knowledge and the practice of the
aquatic disciplines of Synchronised Swimming, Masters Swimming, Open Water
Swimming, Swimming and Water Polo by means of championships and competitions.
3.1.5 Produce and implement policies to carry out other activities
relevant to the Association.
3.1.6 Raise public awareness of the sport and stimulate public opinion
in favour of providing suitable accommodation and facilities.
4. OBJECTIVES
4.1 In the furtherance of the aims of the
Association the following objectives shall be undertaken:
4.1.1 The County Association is committed to treat everyone equally
within the context of their activity, regardless of age, sex, ethnic origin,
religion or political persuasion.
4.1.2 All persons, clubs, associations, organisations and leagues
affiliated to the Association shall consent to be bound whilst engaged in any
Association activity by the ASA Code of Ethics, the ASA Laws and Regulations relating
to Child Safeguarding and those parts of the ASA Judicial Laws and Regulations
necessary for their implementation.
4.1.3 All persons, clubs, associations, organisations and leagues
affiliated to the Association whilst engaged in activities under the
jurisdiction of the Association shall be subject to all the constraints and
privileges of the ASA Judicial Laws and Regulations.
4.1.4The Association shall implement the ASA Equal Opportunities
Policy.
4.2 The Association shall be affiliated to the
ASANWR and such other bodies as the Association may determine from time to
time.
4.3 The business affairs of the Association
shall at all times be conducted in accordance with the Laws and Regulations of
the ASA, the Judicial Laws and Regulations and Technical Rules of the Amateur Swimming
Association and in particular:
4.3.1 The publication of an Association Business Plan incorporating
the budget proposals.
4.3.2 All competitors shall be affiliated members of the Amateur
Swimming Association.
4.3.3 All competitors shall comply with the Championship conditions
of the Association and the ASA when competing.
4.4 To promote and develop the aquatic
disciplines of Swimming, Synchronised Swimming, Masters Swimming, Open Water
Swimming, and Water Polo through the implementation of:
4.4.1 A CountyDevelopment Plan.
4.4.2 Partnership agreements with appropriate bodies, organisations
and external agencies.
4.5 By virtue of the affiliation of the
Association to the ASANWR the Association and all members of the Association
shall acknowledge that they are subject to the laws and rules of:
4.5.1 The ASANWR.
4.5.2 The Amateur Swimming Association; to include the ASA/IoS Code
of Ethics.
4.5.3 British Swimming, to include in particular the British Swimming
Doping Control Rules and Protocols and the British Swimming Disciplinary Code.
4.5.4 FINA, the world governing body for the sport of swimming and
all its disciplines, together with the Governing Body Rules.
4.6 In the event that there shall be any
conflict between any rule or by-law of the Association and any of the Governing
Body Rules then the relevant Governing Body Rules shall prevail.
5. POWERS and RESPONSIBILITIES of the ASSOCIATION
5.1 In
general the Association shall:
5.1.1 Manage the sport of swimming throughout the County subject to
the strategic direction of the ASA and the ASANWR.
5.1.2 Observe, obey, and enforce the laws and the judicial and
technical rules of the ASA Council and the ASANWR within its jurisdiction.
5.1.3 Follow the resolutions and rulings of the ASA Board, the ASA
Council and the ASANWR and ensure they are followed within its jurisdiction.
5.1.4 Be accountable to the ASA and the ASANWR for the proper
discharge of its duties and functions.
5.1.5 Produce, maintain and implement such plans based on strategic
criteria set by ASA and the ASANWR and in such form as the ASA and the ASANWR may
from time to time require.
5.1.6 Make available to the ASANWR such information and reports as it
may require at a time and in a format specified by the ASANWR.
5.1.7 Elect the requisite number of delegates to the ASANWR Council
Meeting and any Special Council Meeting.
5.1.8 Make nominations for the position of President of the ASANWR at
a time and in accordance with the requirement of the ASANWR.
5.1.9 Issue as required Constitutional Rules for the Association and
operate on the basis of a standard constitution appropriate for an Association which:
5.1.9.1 Shall be issued and reviewed from time to time by the ASANWR and
the ASA.
5.1.9.2
Shall contain any mandatory
provisions in respect of any parts of the governance and administration of the
Association received from the ASA and/or the ASANWR.
5.1.9.3
May contain recommended provisions
in respect of the other parts of the governance of and administration and any
other matter appertaining to the Association received from the ASANWR and/or
the ASA.
5.1.10Have the power to expel a member when, in
its opinion, it would not be in the interests of the Association for the club,
organisation, association, body, league or alliance to remain a member.
5.1.11Comply with the requirements and procedures
of the ASA Judicial Laws and Regulations for handling internal disputes as the
same may be revised from time to time.
5.1.12Pass any submission or complaint that is an
alleged infringement of ASA Laws and Regulations to the ASA for consideration
by the ASA.
5.2 In
relation to its Administration and Finance the Association shall:
5.2.1 Determine the uses to which its funds are allocated within the strategic
criteria set by the ASA and the ASANWR.
5.2.2 Set up and implement a Business Plan including a budget
indicating the source of the required funding and how it will be spent, based
on the strategic criteria set by the ASA and the ASANWR.
5.2.3 Set up and implement a Development Plan based on the strategic
criteria set by the ASA and the ASANWR.
5.2.4 Have the authority to set the Association element of the
affiliation and membership fees due from each of the clubs, bodies,
associations and organisations affiliated to it.
5.2.5 Administer, as required, the operation and membership process
and the collection and transfer, where applicable, of fees for the Association.
5.3 In
relation to its Accountability the Association shall:
5.3.1 From time to time submit its Business and Development Plans to
the ASANWR or its nominated agent(s) for information and approval as required.
5.3.2 Keep accounts showing its income and expenditure against the
budget set in its Business Plan, and a balance sheet.
5.3.3 Report annually to the ASANWR Management Board, in such a form
as it may from time to time require, on its:
5.3.3.1 Activities and any issues arising therefrom.
5.3.3.2 Financial Statements.
5.3.3.3 Performance against its Development Plan.
6. AFFILIATION and MEMBERSHIP
6.1 The
total membership of the Association shall not normally be limited. If however
the Executive Committee considers that there is good reason to impose any limit
from time to time the Executive Committee shall put forward appropriate
proposals for consideration to the ASANWR. The Council shall have the right to
recommend to the Executive Committee that limits should be placed on or removed
from total membership, or any category of membership.
6.2 The
Association shall affiliate:
6.2.1 Clubs affiliated to the ASA and to the ASANWR who have been
allocated to the Association by the ASANWR.
6.2.2 Associated organisations affiliated to the ASA and to the ASANWR.
6.2.2.1 Corporate organisations.
6.2.2.2 Local Associations and Leagues.
6.2.2.3
Individuals, clubs, bodies,
associations or organisations granted temporary affiliation.
6.3 The
membership of the Association shall consist of:
6.3.1 Those clubs who are
affiliated to the ASA and to the ASANWR who have their headquarters within the
County of Cumbria, as defined in ASA Law 2, and have been allocated to the
Association by the ASANWR.
6.3.2 Individual position holders consisting of;
6.3.2.1Life Vice Presidents.
6.3.2.2Association Officers and other designated
position holders, as decided, from time to time, by the Executive Committee.
All holders of individual positions shall be members of an Affiliated Club,
League, Body, Association or Organisation and shall be not less than 18 years
of age.
6.3.3 Individuals granted temporary membership by the ASA virtue of their
participation in a specific event organised by the Association in conjunction
with a club, body, association or organisation under the provision of ASA Constitutional
Regulation 56.
6.3.4 Persons who have been granted Individual membership by the
Association, who are non-competitors provided the ASA membership fee has been
paid.
6.3.5 Individuals
granted honorary membership of the Association. Such members shall be members
of an affiliated club and hence of the ASA.
7. SUSPENSION and RESIGNATION
7.1 Any organisation not having paid its
annual return of membership to the ASA by 31st March and suspended by the ASA
shall not be allowed to take part in any activities of the Association for the
period of the suspension in accordance with ASA Laws and Regulations.
8. FINANCE
8.1 The financial year of the Association
shall be the period commencing on 1st October and ending on 30th
September. Any change to the financial year shall require the approval of the Council.
8.2 The
Executive Committee shall notify the ASA and the ASANWR of the Affiliation Fee
of the Association by no later than 30th November in the preceding year.
8.3 The
Executive Committee shall, as they see fit, decide the amount of the annual
affiliation fee for the next operating year.
8.4 The
annual affiliation fees per club shall consist of a standard fee element plus a
per member fee. The annual affiliation fee for any other body, league,
association or organisation shall consist of a standard fee element only.
8.5 The
level of the affiliation fee for the next operating year shall be notified to
the Council who shall have the opportunity to make comment and to make
recommendations to the Executive Committee as to the future levels of the
affiliation fee.
8.6 The
annual affiliation fee for each Club shall be due on its affiliation to the ASANWR
and hence on joining the CountyAssociation and thereafter on 31st March of each year.
8.7 The
Executive Committee shall make appropriate arrangements to receive from the ASA
the specified CountyAffiliation fee for each club affiliated to the Association.
8.8 The
Executive Committee shall, from time to time, have the power to set any fees,
including the annual Affiliation Fee.
8.9 All
monies payable to the Association shall be received by the Treasurer and
deposited in a bank account in the name of the Association.
8.10 The income and property of the Association shall be applied only
in furtherance of the aims and objectives of the Association and no part
thereof shall be paid by way of bonus, dividend or profit to any members of the
Association or to an external agency, save as set out in Rule 15.4.2.11.
8.11 The Treasurer shall record the financial transactions of the
Association in such a manner, as the Executive Committee think is appropriate.
8.12The
Executive Committee shall have the power to set the level of payment of
remuneration and expenses to any officer, member, employee or other such person
for services rendered to the Association.
9. GOVERNANCE
9.1There
shall be four levels of government of the Association:
9.1.1
The Council.
9.1.2The Executive Committee.
9.1.3Other standing committees as may be
established.
9.1.4Officers and post holders.
9.2A
person who is not a member of a club, body, association or league affiliated to
the Association shall not be permitted to be nominated, elected or appointed as
a delegate to the Council, to the Executive Committee, to any Standing
Committee, as an Officer, or to any other post which carries the right to vote
at any level of government of the Association.
10. OFFICERS
10.1 The Officers of the Association shall be the Chairman, the Secretary
and the Treasurer each of whom shall be a member of a club affiliated to the
Association.
11. COUNCIL
11.1 The Council of the Association shall consist of:
11.1.1 President.
11.1.2Past Presidents.
11.1.3Life Vice Presidents.
11.1.4 The Officers of the Association.
11.1.5 Advisors appointed in accordance with Rule 12.2.2.
If an Advisor is not a member of a club affiliated to the Association they may
speak but not vote.
11.1.6 The Secretaries of any Standing Committees.
11.1.7 Delegates of affiliated clubs, bodies, associations, organisations
or leagues.
11.2 Representation
to Council
11.2.1Clubs
Each club affiliated to the CountyAssociation
shall be entitled to representation at Council by two delegates.
11.2.2Others
Any affiliated body, association,
organisation or league shall be entitled to representation at Council by one delegate.
11.3 Delegates
11.3.1 A delegate shall be appointed by the club, body, organisation or
league they represent.
11.3.2 The Secretary of the club, body, organisation, association or
league, or other person authorised so to do, shall notify the Secretary of the
Association that the delegate is a bona fide member of the club, body,
organisation, association or league and has been duly appointed a delegate to
any Meeting of the Council.
11.3.3 A delegate shall only be permitted one vote irrespective of the
number of clubs, associations, bodies or organisations they may represent.
11.3.4 Proxy voting shall not be allowed at any Meeting of the Council.
12. RESPONSIBILITIES of COUNCIL
12.1 The
Council shall have the responsibility to:
12.1.1 Deal with all matters of governance according to the rules of the
Association.
12.1.2 Oversee the work of the Executive Committee and to receive its
reports and accounts.
12.1.3 Abide by the standing orders for its conduct.
12.1.4 Consider and decide any proposed additions, alterations or
recessions to these rules.
12.1.5 Keep full and accurate minutes of its meetings.
12.2 The
Council shall at its Annual Meeting appoint from time to time:
12.2.1 One or more independent Examiners of Accounts who shall not be members
of the Executive Committee or members of the family of a member of the
Executive Committee.
12.2.2 Advisors as required for:
12.2.2.1 Medical requirements and doping
considerations.
12.2.2.2 Welfare issues relating to members.
12.2.2.3 Equity requirements.
12.2.2.4 Volunteers.
12.2.2.5 Disability swimming.
12.2.3The Council shall appoint from time to time as required a
Welfare Advisor who shall:
12.2.3.1Be a member of a club or other organisation
affiliated to the Association.
12.2.3.2Be not less than 18 years of
age.
12.2.3.3Have an appropriate background
and who is required to undertake appropriate training in accordance with ASA
Child Safeguarding courses.
12.2.3.4Have a right to attend meetings
of the Executive Committee without the power to vote.
12.2.3.5Not be an Officer, an Executive
Committee member or an Advisor, a member of the family of an officer, Executive
Committee member or Advisor.
12.2.3.6Report to the Committee on all
aspects of welfare concerning members of the Association.
12.3 At the Annual Council Meeting elect the following, each of whom
shall be a member of a club affiliated to the CountyAssociation:
12.3.1 President.
12.3.2President Elect.
12.3.3Chairman.
12.3.4Secretary.
12.3.5Treasurer.
12.3.6Swimming Championship Secretary.
12.3.7Diddy League Secretary.
12.3.8Sprint League Secretary.
12.3.9Water Polo Secretary.
12.3.10Masters Secretary.
12.3.11Competition Organiser.
12.3.12Open Water Secretary.
12.4 The
Council may:
12.4.1 Discuss any matters that are relevant and pass resolutions and
orders concerning them.
12.4.2 Appoint a special committee to consider and report upon any
matter. The number of members of the committee and the quorum to be determined
by the Council. The President shall be an ex officio member of any such
committee unless the Council dictates otherwise.
12.4.3 On the recommendation of the Executive Committee elect as a Life
Vice President an individual whose services to the Association would justify
this recognition.
12.4.4 At an Annual Council Meeting or at a Special Council Meeting,
delegate the whole, or any of its powers, to the Executive Committee.
13. MEETINGS OF COUNCIL
13.1 Chairman
13.1.1 The Chairman at all meetings of the Council shall be the Chairman
of the Association if he is present. If the Chairman is absent, or unable to
act or declines to act the President shall act as the chairman for the meeting.
If the President is not able to act as chairman for the meeting the President
Elect shall act as chairman. If a chairman is still not available the Council
shall elect a chairman from its members present.
13.1.2 The Chairman shall:
13.1.2.1 Have unlimited authority upon every question
of order.
13.1.2.2
Be, for the purpose of the Council
meeting, the sole interpreter of the rules governing the Council.
13.1.2.3
Have the right to vote on every
motion. In the event of an equality of votes, the Chairman shall have the
casting vote.
13.2 Secretary
13.2.1 The Secretary shall be responsible for providing each affiliated
club, body, association, organisation or league and each member of the
Executive Committee written notice of the date, time and place of the Annual Council
Meeting or of a Special Council Meeting together with the resolutions to be
proposed, at least 7 days before the date of the meeting and in the case of the
Annual Council Meeting a copy of the Annual Report, a list of the nominees for
the Officers and the Executive Committee posts and a copy of the examined
accounts.
13.2.2 The Secretary, or in the absence of the Secretary a member of,
and selected by, the Executive Committee, shall take the minutes of the
meeting.
13.3 Motions
13.3.1 A proposal for consideration at the Annual Council Meeting which
does not embody a proposal to change a rule of the Association, may be
submitted:
13.2.1.1 By the Executive Committee
13.2.1.2 By a member of Council
13.2.1.3
By a club, body, association,
organisation or league affiliated to the Association.
13.3.2Nominations for election of members to the position of President
or to any office of the Association shall be made in writing by the proposer
and seconder to the Secretary, not later than 31st October prior to the Annual
Council Meeting, with the written consent of the nominee.
13.3.3 Nominations for election to the position of Life Vice President
shall be made to the Council meeting by the Executive Committee.
13.3.4 Proposals and resolutions received in accordance with this
section shall be submitted in writing to the Secretary by the 31st October
prior to the Annual Council Meeting.
13.3.5 Proposals received in accordance with this section shall be sent
to clubs, bodies, associations and organisations entitled to be represented at
Council not less than 7 days before the meeting of Council.
13.3.6 A motion of which due notice has not been given may not be
discussed or voted upon unless sanctioned by the Chairman and two-thirds of the
members voting and provided it does not involve a change to the Rules of the Association.
13.3.7 Approval of the Annual Report other than those items where due
notice has been given to amend, add or reject, shall be proposed en block by
the Chairman and put to the vote without debate.
13.4 Procedures
at Council Meetings
13.4.1 All business of an Annual Council Meeting or of a Special Council
Meeting shall be printed on the agenda and no other motion shall be discussed
therein except:
13.4.1.1
To record the name of the Chairman of
the meeting, if other than the Chairman of the Association.
13.4.1.2
To record the name of the Secretary of
the meeting, if other than the Secretary of the Association.
13.4.1.3 For adjournment.
13.4.1.4 For leave to withdraw a motion.
13.4.1.5 For a vote of thanks.
13.4.1.6 For permission to withdraw.
13.4.2 Every motion shall be proposed and seconded.
13.4.3 Resolutions that emanate from the Executive
Committee shall be proposed by a member of the Executive Committee while those
that emanate from a standing order or other committee shall be proposed by the Secretary
of the committee. If the committee secretary is not a member of Council the
proposal shall be made formally from the Chair and immediately afterwards the committee
secretary, or a substitute, shall be allowed to speak in support of the
resolution.
13.4.4 Any amendment shall be disposed of before another amendment is
considered. The Chairman may accept, without notice, verbal amendments that do
not affect substantially the nature of the proposal under discussion.
13.4.5 A proposal to change the Rules of the CountyAssociation
shall be carried only if at least two-thirds of those present and voting are in
favour. All other proposals, including amendments to proposals whether to
change a Rule of the CountyAssociation or otherwise, shall require a simple majority of those members
present and voting.
13.5 Voting
13.5.1 Unless the Chairman directs otherwise, voting on all motions or
amendments shall be by a show of hands or delegates cards.
13.5.2 Each member present and entitled to vote, with the exception of
the Chairman, or acting Chairman for that meeting, shall have one vote and a
simple majority shall pass any resolution. In the event of an equality of votes
the Chairman, or the acting Chairman for that meeting, shall have a casting
vote.
13.5.3 Voting on elections shall be by secret ballot and any ballot
paper containing more votes than the number required shall be void.
13.5.4 Completed voting papers shall be collected by the tellers as
directed by the Chairman.
13.5.5 The Chairman shall count the votes from persons present at the
meeting.
13.5.6 The result of each ballot shall be announced by the Chairman
during the meeting and the Chairman shall indicate the number of votes cast for
each candidate and the number of spoiled ballot papers.
13.5.7 Any discrepancy or irregularity found after the conclusion of the
meeting shall be dealt with by the Executive Board which may disqualify votes
with the validity of which it is not satisfied. The revised result and the
reasons for the disqualification of any vote shall be published and circulated
to affiliated clubs.
13.6 Changes
to Association Rules
13.6.1 Any proposal to change a Rule of the Association shall only be
considered at the Annual Council Meeting or at a Special Council Meeting called
for that purpose. The Council shall consider and decide only the principles and
intention of the proposal. The Executive Committee shall draft the wording of
the changes to the Rules to implement the principles and intentions approved by
Council and submit them where necessary to the ASANWR for consideration and
approval.
13.6.2 The changes to the Rules shall become effective upon approval by
the ASANWR Management Board or at a specified later date as determined by the Council.
13.6.3 A proposal to change a Rule of the Association shall only be
considered at a meeting of the Council if it has been:
13.6.3.1
Made by the Executive Committee at a meeting
before 31st October and appears in the minutes of that meeting.
13.6.3.2
Made by a committee appointed by the
Council or the Executive Committee and appears in the minutes of that committee
that have been approved by the Executive Committee before 31st October.
13.6.3.3
Made by a club, body, organisation, association
or league affiliated to the Association and has reached the County Association
Secretary by 31st October.
13.6.3.4
Made as a matter of urgency, approved
by the Executive Committee, sent to the clubs, bodies, organisations,
associations or leagues affiliated to the Association at least fourteen days
before the Council meeting and approved as a suitable matter for consideration by
Council by at least two-thirds of the delegates voting.
13.6.3.5
Mandated by a change to either ASA Law
or the Rules of the ASANWR.
13.6.3.6
Included in the resolution or request
for a Special Meeting of Council.
13.6.3.7
Referred to the Executive Committee,
unless emanating from it. The Executive Committee shall indicate its support or
opposition and may propose amendments, which shall be included on the agenda of
the Council meeting.
13.6.3.8
Included on the agenda of the Council meeting.
13.6.4 Every proposal to change a Rule of the Association and/or amend
to it, shall be proposed and seconded separately and shall be open for
discussion by any delegate with or without prior indication of intent.
13.6.5 An amendment to any proposal to change a Rule of the Association
may be proposed by any member of Council, supported by another member as a
seconder, and shall reach the Secretary by 31st October for consideration at
the Annual Council meeting, or twenty one days prior to a Special Council
Meeting, as the case may be.
13.6.6 A schedule of all such amendments shall be sent to the clubs,
bodies, associations, organisations and leagues entitled to be represented at
Council at least fourteen days prior to the date of the Council at which they
are to be considered.
13.6.7 If any addition, alteration or recession of either an ASA Law or
a Rule of the ASANWR causes an Association Rule to conflict with it, the Executive
Committee shall immediately cause the Association Rule to conform with it. Any
such changes shall be notified to the next Annual Council Meeting following the
change of Rule.
13.6.8 If any change to the Association Rules is mandated by a change to
ASA Law or the Rules of the ASANWR any such changes shall be notified to the
next Annual Council Meeting following the change of the Rule.
13.7 Annual Meeting of Council
13.7.1 The Annual Council Meeting of the Association
shall be held in the period from 15th November to 20th December each year.
13.7.2 The Executive Committee shall fix the date,
the time and the venue of the Annual Council Meeting, which shall be notified
to clubs with the notice convening the meeting.
13.7.3 The purpose of the Annual Council Meeting is to transact the
following business:
13.7.3.1
To receive and comment on the Annual Report
of the activities of the Association during the previous year as presented by
the Secretary.
13.7.3.2
The Annual Report shall include the
reports of any Standing or other committee, and discipline secretary responsible
for the activities of the Association during the previous year as decided by
the Executive Committee.
13.7.3.3
To receive and consider, the accounts
of the Association for the previous year, the report on the accounts by the
Financial Examiner(s) and the Treasurer’s report as to the financial position
of the Association.
13.7.3.4
To elect the President, who shall
serve for a term not exceeding two annual periods and who shall be installed on
a date determined by the Annual Council Meeting. The current President shall
remain in office until the installation of the new President.
13.7.3.5To elect a President-Elect in
advance of the expiration of the term of office of the President.
13.7.3.6To elect the Officers and the
other members of the Executive Committee who shall retire from office at the
Annual Council Meeting each year, but shall be eligible for re-election.
13.7.3.7
To elect Life Vice Presidents as
required.
13.7.3.8
To appoint the independent Financial Examiners
and other Association Advisors as required.
13.7.3.9
To decide on changes to the
Constitutional Rules and other resolutions.
13.7.3.10
To decide on any other resolution that
may be duly submitted in accordance with Rule 13.3 and Rule 13.6.
13.8 Special
Meetings of Council
13.8.1 The Executive Committee shall call a Special Meeting of Council
at any time in response to:
13.8.1.1 A resolution of the Council carried at any meeting
of the Council.
13.8.1.2 An order of the Executive Committee.
13.8.1.3
A requisition in writing, received by
the Secretary, signed on behalf of not less than five different clubs or by a
total of seven bodies including affiliated clubs and officers of the
Association. Each signatory to the request to be an officer of the club. The request
to state the purpose for which the meeting is required and the resolutions proposed.
13.8.2 The Secretary shall call a Special Meeting of Council within 28
days of the receipt of a requisition to call the meeting.
13.8.3 Not less than fourteen days notice of a Special meeting shall be
given to all affiliated clubs. The notice shall specify the object of the meeting.
The venue and time of such a meeting shall be at the discretion of the Executive
Committee.
13.8.4 No business shall be discussed at such a meeting other than that
prescribed by the Council, the Executive Committee or that stated in the request for the meeting as the case may be.
13.9 Quorum
13.9.1 The quorum for the Annual Council Meeting or any Special Council
Meeting shall consist of representatives of four affiliated clubs and not less
than one Officer of the Association.
14. HONORARY TRUSTEES
14.1 The Trustees of the Association shall be the Chairman, the Secretary
and the Treasurer during their respective terms of Office.
14.2 Any trophies of the Association, not being competed for shall be
lodged with a person nominated by the Executive Committee, for their safe
keeping.
14.3 The Trustees shall be empowered to carry out all necessary
actions in connection with the property and assets of the Association
considered appropriate or as directed by the Executive Committee or the Council.
15. EXECUTIVE COMMITTEE
15.1 Membership
15.1.1 The Executive Committee shall comprise the following,
15.1.1.1 President.
15.1.1.2 Past Presidents.
15.1.1.3 President Elect.
15.1.1.4 Life Vice Presidents.
15.1.1.5
The elected Officers (Chairman,
Secretary and Treasurer).
15.1.1.6
The elected discipline Secretaries,
each of whom shall be a member of a club affiliated to the Association.
15.1.1.7
Up to two representatives of each
affiliated club each of whom shall be a member of that club.
15.1.2 All members of the Executive Committee must be
not less than eighteen years of age.
15.1.3 The Executive Committee members, with the exception of the Life Vice
Presidents and the Past Presidents shall be proposed, seconded and elected by ballot
at the Annual Council Meeting each year and shall remain in office until their
successors are elected at the next Annual Council Meeting. Retiring members of
the Executive Committee shall be eligible for re-election.
15.1.4 The Executive Committee may fill any vacancy occurring by
resignation or by any other means.
15.1.5 In the event of any member of the Executive Committee not
attending three consecutive Executive Committee meetings, it shall be
considered equivalent to their resignation and the Executive Committee shall
proceed to fill the vacancy, unless the Executive Committee are satisfied that
such absence is unavoidable and have notice of the same.
15.1.6 The Executive Committee shall have the authority to invite such
other persons as deemed necessary for any specific purpose who may speak but not
vote.
15.2 Meetings
15.2.1 Meeting of the Executive Committee shall be held not less than
three times per year save where the Executive Committee itself shall, by a
simple majority, resolve not to meet.
15.2.2 The Chairman and the Secretary shall have the discretion to call
further meetings of the Executive Committee if they consider it to be in the
interests of the Association.
15.2.3 The Secretary shall give all members of the Executive Committee
not less than seven days notice of an Executive Committee meeting.
15.2.4 The Chairman, or in his/her absence the President, or a member of
the Executive Committee shall act as chairman of the meetings of the Executive
Committee.
15.2.5 Decisions of the Executive Committee shall be made by a simple majority
of the votes cast. Each member present, with the exception of the Chairman, or
the acting Chairman for that meeting, shall have one vote. In the event of
equality of votes the Chairman, or the acting Chairman for that meeting, shall
have a casting vote.
15.2.6 The Secretary, or in the absence of the Secretary a member of the
Executive Committee, shall take the minutes of the meeting.
15.3 Quorum
15.3.1 The quorum for an Executive Committee meeting shall consist of
representatives of four affiliated clubs and not less than one Officer of the
Association.
15.3.2 In the event that a quorum is not present within thirty minutes
of the published starting time, the meeting shall stand adjourned. The
Secretary to notify the date of the reconvened meeting within a maximum period
of one month.
15.4 Powers
and Responsibilities
15.4.1
The responsibilities of the Executive
Committee shall include but not be limited to:
15.4.1.1 Determine the strategies of the Association within the overall policies
and plans agreed by the Council and published by the ASA and the ASANWR.
15.4.1.2 Liaise with the ASANWR on considerations of the affiliation of
clubs to the Association through the Region.
15.4.1.3 Carry out any specific duty laid upon it by the Council.
15.4.1.4
Have day to day management of the
affairs of the Association including, but not being limited to, the oversight
of the production of the plans of the Association for the approval of Council
and for submission to the ASANWR and the ASA as required, together with their implementation,
monitoring and evaluation.
15.4.1.5
Appoint any officers, officials,
co-ordinators and members of the standing and other committees, not elected by
the Council.
15.4.1.6 Monitor and evaluate the work of the Standing and other
committees, discipline secretaries and any other person appointed to a specific
task within the Association, including the production of full and accurate
minutes of their meetings and reports of their activities.
15.4.1.7
Maintain appropriate channels of communication
with the ASANWR, clubs and individuals.
15.4.2 The Executive Committee shall:
15.4.2.1 Determine any question arising as to the correct interpretation
of any of these rules, or any other question not herein provided for.
15.4.2.2
Submit to the ASANWR a nomination for
the position of President of the North West Region in accordance with the
requirements of the ASANWR.
15.4.2.3
Set the affiliation fee in line with
the budget.
15.4.2.4 Set the level of competition and championship
fees in line with the budget.
15.4.2.5
Determine who shall be the authorised signatories
of the accounts of the Association.
15.4.2.6 Ensure that full and accurate minutes of its
meetings are kept.
15.4.2.7
At its first meeting after the Annual
Council Meeting appoint county representatives, who shall be members of a club
affiliated to the Association, to:
15.4.2.7.1 ASANWR Council Meetings.
15.4.2.7.2 External Partnerships as required.
15.4.2.8
At its first meeting after the Annual
Council Meeting appoint the members of any Standing Committees each of whom
shall be a member of a club affiliated to the Association.
15.4.2.9At its first meeting after the Annual
Council Meeting appoint County Co-ordinators if appropriate as follows, each of
whom shall be a member of a club affiliated to the Association:
15.4.2.9.1 Media and Publicity.
15.4.2.9.2 Swimming Committee.
15.4.2.10
At its first meeting after the Annual
Council Meeting appoint from among its membership if appropriate other CountyOfficials as follows.
15.4.2.10.1 Trophy Controller.
15.4.2.10.2 Development Officer.
15.4.2.10.3County team managers.
15.4.2.10.4County swimming coach.
15.4.2.11
Have the power to set and authorise the
payment of remuneration, expenses or grant for services to the Association to
any:
15.4.2.11.1 Officer, committee member or official of the
Association.
15.4.2.11.2 Other person or persons as decided by the Executive Committee or
Council.
15.4.2.11.3 External agents
as part of a partnership agreement.
15.4.2.12 Implement with
immediate effect a change of the Rules of the Association if they are in
conflict with any addition, alteration or recession of either an ASA Law or a
Rule of the ASANWR.
15.4.2.13 Determine the terms
of reference of any subcommittee or working group.
15.4.2.14
Be
accountable to the Council of the Association and report to it at such times and
in such a form as it may require.
15.5 The
Executive Committee may:
15.5.1 Fill any vacancy occurring on the Executive Committee, after due
notice.
15.5.2 Contract and set up partnership agreements
with outside agencies in support and furtherance of the aims and objectives of
the Association.
15.5.3 Appoint a special committee to consider and report on any matter,
the number of and appointment of the members of the committee and a quorum to
be determined by the Executive Committee. If the President of the Association
shall be a member of such a special committee he shall not be entitled, by virtue
of that office, to be chairman of any meetings of such a committee.
15.5.4 Discharge, by a two thirds majority of those voting, for any
breach of and under the provisions of the ASA’s Code of Conduct for Volunteers,
any volunteer person from any elected or appointed office or position, with the
exception of the President and the President Elect, and replace them.
15.5.5 At its discretion, discharge any Standing or other committee and
elect a new one in its place.
15.5.6From time to time
appoint from among its members such other committees or working groups as they
may consider necessary and may delegate to them such of the powers and duties
of the Executive Committee as the Executive Committee may determine.
16. INDEPENDENT FINANCIAL
EXAMINER
16.1 One or more independent Financial Examiners shall be appointed at
the Annual Council Meeting. They shall audit the annual statement of the
accounts and the balance sheet and shall certify the same before they are printed.
17. STANDING COMMITTEES
17.1 Standing committees may be formed for as required. The Executive
Committee shall specify the Terms of Reference when the committee is
established in accordance with Rule 15.2.4.13.
17.1.1 Composition
Each Standing committee shall consist of members
as indicated in its terms of reference all of whom shall be not less than 18
years of age.
17.1.2Ex-officio Members
The President, the President Elect, the
Secretary and Treasurer of the Association shall be ex-officio members of all Standing
and other Committees, or as otherwise specified by the Council or in the terms
of reference of such a committee.
17.1.3Appointment
The Executive Committee shall
appoint the members of each Standing and other committee.
17.2 Provisions applicable to Standing and other Committees
17.2.1 Standing Orders
17.2.1.1 The meeting of
every committee shall be private and no report of its proceedings shall be made
to any outside body.
17.2.1.2 Members of the
Executive Committee may attend any meeting of any committee, but without power
to vote.
17.2.1.3
In case of emergency any action or
decision taken by any Standing or other committee must have prior approval of
the President and the Secretary.
17.2.1.4
Except in cases of emergency no decisions
of any sub, standing or other committee shall be binding upon the Executive
Committee until considered and voted upon by the Executive Committee.
17.2.1.5
All Standing and other committees and
working groups shall periodically report their proceedings to the Executive Committee
and shall conduct their business in accordance with the directions of the
Executive Committee.
17.2.3Association Officers
The following may attend any meeting of
any Standing Committee, without the power to vote and shall be given notice of
all such meetings:
17.2.3.1 President.
17.2.3.2 President Elect.
17.2.3.3 Secretary.
17.2.3.4 Treasurer.
17.2.4Quorum
The quorum for each Standing or other committee
shall be as laid down in the terms of reference for the committee. Any ex-officio
members shall not be taken into account when determining the quorum of a
committee but those with a vote, attending a meeting, shall be included in the
number of members present required to satisfy the quorum.
17.2.5Co-option
Any Standing or other committee shall
have the power to co-opt members, for any special purpose, without the power to
vote as laid down in the terms of reference for the committee.
17.2.6Substitutes
In the absence of the Chairman
and/or the Secretary of a Standing or other committee a member of the sub
committee chosen by a majority of the members present and voting shall act as
the Chairman or Secretary as required, for that meeting.
17.2.7 Committee Chairman
17.2.7.1
At its first meeting after the Annual
Council Meeting each Standing or other committee shall elect, except where otherwise
appointed, a Chairman from amongst its own members.
17.2.7.2
The Association Chairman, if present,
shall have the right to act as Chairman of the Standing or other committee.
17.2.7.3
A Chairman shall have the right to
vote on any motion. In the event of equality of votes the Chairman shall have
the casting vote.
17.2.7.4
In the absence of the Chairman, a
member of the Standing or other committee chosen by a majority of the members
present and voting shall act as the Chairman for that meeting.
17.2.8 Committee Secretary
At its first meeting after the Annual
Council Meeting each Standing or other committee shall elect, except where
otherwise appointed, a Secretary from amongst its members.
17.2.9
Minutes
Each Standing or other committee shall
keep full and accurate minutes of its meetings. The minutes of all such
meetings or a report of the activities and business conducted by the committee,
as decided by the Executive Committee, shall be submitted for approval to the
Executive Committee
18.
REPRESENTING THE ASSOCIATION
18.1 Any person selected to represent the
Association and failing to appear shall not be allowed to take part in any of
the Association Championships or competitions until a satisfactory explanation
is given, to the Executive Committee of the Association, subject to the
provisions of ASA Law.
19.
AWARD OF ASSOCIATION BADGE
19.1 Cumbria ASA badges shall be awarded to competitors
in all disciplines of the sport who represent the Association.
20. COMPETITION CONDITIONS
20.1 The rules and conditions of the following shall not be considered
part of the Constitutional Rules for the purpose of these rules.
20.1.1Cumbria Age Groups and Championships.
20.1.2Cumbria Diddy League.
20.1.3Cumbria Sprint League.
20.1.4Cumbria Autumn Graded Series.
21. EXPULSION and OTHER
DISCIPLINARY ACTION
21.1 If a complaint or dispute that involves a breach of ASA Law is
received by the Association it shall be submitted to the ASA for consideration
under the Judicial Laws and Regulations.
21.2 The Executive Committee shall have the power to expel an
individual member, club, body, organisation, association or league when, in its
opinion, it would not be in the interests of the Association to retain the
membership of the individual member, club, body, organisation, association or league.
The Association in exercising this power shall comply with the provisions of
Rule 21.4 and Rule 21.5 below.
21.3 Upon expulsion the former member shall not be entitled to have
any part of the annual membership fee or any other fees refunded and must
return any Association trophy or trophies held forthwith.
21.4In
the case of an internal dispute the Association shall adopt and comply with the
requirements and procedures of the Judicial Rules and Regulations for handling
internal disputes as the same may be revised from time to time.
21.5 A member may not be expelled or (subject to Rule 21.7 below) be
made the subject of any other penalty or sanction unless the panel hearing the
dispute shall, by a two-thirds majority, vote in favour of the expulsion or other
penalty imposed upon the member.
21.6 The Officers of the Association, or any other person to whom the
Executive Committee shall delegate this power, may temporarily suspend or
exclude a member from particular activities of the Association, when in their
opinion, such action is in the interests of the Association. Where such action
is taken the incident or matter will be dealt with in accordance with the
appropriate Judicial Laws and Regulations.
21.7 The Officials in charge of a particular event shall be responsible
for the discipline at that event. If further action is required this is to be
referred to the Internal Disputes procedures as laid down in ASA Judicial Laws
and Regulations.
22.
DISSOLUTION
22.1 A resolution to dissolve the Association
shall only be considered at a Council Meeting and shall be carried by a
majority of at least three-quarters of the members present and entitled to
vote.
22.2 The dissolution shall have effect from the date of the resolution
and members of the Executive Committee shall be responsible for the winding-up
of the assets and liabilities of the Association.
22.3Any property remaining after
the discharge of the debts and liabilities of the Association shall be sold and
divided equally between the affiliated clubs at the dissolution.
APPENDIX A
STANDING ORDERS
The Executive Committee shall be
governed by the following standing orders which shall be confirmed at the first
Executive Meeting following each Annual Council Meeting:
1.If the Chairman is
unable or unwilling to act as chairman at a meeting the members present at the
meeting shall elect a chairman from those present and he shall be entitled to
act in all respects as if he were the Chairman.
2.The Chairman shall have
unlimited authority upon every question of order at each meeting of the
Executive Committee and for the purpose of any meeting, shall be the sole
interpreter of the rules governing the Executive Committee.
3.The minutes of the previous
meeting as circulated shall be considered as the first substantive item on the
agenda.
4. The minutes of Standing
or other committees and reports of officers or other individuals shall not be
considered unless they have been circulated with the agenda, unless the
Chairman and the members of the Executive Committee agree by a two thirds
majority that it will not prejudice the good governance of the Association to
do so.
5. Every motion shall be
proposed and seconded.
6.Each member present and
entitled to vote, with the exception of the Chairman, or acting Chairman for
that meeting, shall have one vote and a simple majority shall pass any
resolution. In the event of an equality of votes the Chairman, or the acting
Chairman for that meeting, shall have a casting vote.
7.Any amendment shall be
disposed of before another amendment is considered. The Chairman may accept,
without notice, verbal amendments that do not affect substantially the nature
of a proposal under discussion.
8.All proposals, including
amendments to proposals shall require a simple majority of those members voting
unless otherwise specified in these rules.
9.Unless the Chairman
decides otherwise, voting on all motions or amendments shall be by a show of
hands.
10.Meetings of the
Executive Committee shall not be open to the public.
11.The minutes of the
Executive Committee shall be circulated to each member of the Executive
Committee only.
12.The members of the
Executive Committee shall be indemnified by the members of the Association
against all liabilities properly incurred by them in the management of the
affairs of the Association.
APPENDIX B
ASA LAWS and REGULATIONS
1. CLUB
RIGHTS and RESPONSIBILITIES
The rights and responsibilities of
a club in terms of its discipline, its internal dispute procedures and the
sanctions it can impose are given in ASA Law 281 which specifies:
281. Club
discipline and internal dispute procedures
281.1For a breach of its
own rules, an affiliated club or body may:
281.1.1Apply sanctions to a
member relating to activities wholly within its own jurisdiction up to and
including suspension from any or all of them.
281.1.2Expel a member,
provided that before doing so it informs the member of the alleged offence and
gives him a reasonable opportunity to defend himself against the charge.If the alleged offence is also a breach of
ASA Law or Regulations the club or body shall not deal with it but may make a
complaint under the Judicial Laws and Regulations.
281.2A club or body may
expel from membership and/or refuse to renew the membership of any member who
has been suspended according to Regulation 109 or Regulation 241 provided that
any such expulsion or initial refusal shall not be lawful after the twelve
months immediately following the end of the suspension.
281.3Each club shall
include in its rules provisions specifying the procedures to be carried out to
handle internal club disputes.
281.4Any
such provisions shall comply with the ASA Recommended Club Constitution and the
accompanying Guidance Notes.
2. COMPLAINT
TO ASA
Any dispute that involves an allegation of a
breach of ASA Law must be submitted to the ASA and dealt with as a complaint
under the condition of ASA Regulation 150.4 and ASA Regulation 281.1.2.ASA Judicial Regulation 102 deals with the
circumstance of a complaint made to the ASA. It provides the necessary
explanation that defines a complaint, the grounds on which a complaint can be
made, who can make a complaint and the procedure to be used.
102.Complaints
102.1A complaint is a
formal expression of dissatisfaction with the actions or behaviour of any
person, including an individual or a club, or other body, or organisation or
with alleged unfair practice in connection with the sport.
3. INTERNAL
DISPUTES
When a dispute arises between two or more
members of the same club, body or organisation it must be handled using the
Internal Disputes procedure specified in the Club Constitutional Rules and the
following ASA Judicial Regulations 150 to 155.
150. General
150.1The primary objective
of the Regulations in this section is to set out ways by which a just outcome
of an internal dispute between the members of a club, organisation, association
or body may be secured as expeditiously as possible.
150.2An ‘internal club dispute’ is a
dispute involving an alleged breach of the club’s rules, between two or more
club members, any or none of whom may be an officer of the club, or one or more
club members and one or more employees of the club (the “parties”).
150.3If a dispute cannot be resolved fairly
and amicably between the parties concerned, and does not involve a breach of
ASA Law, it may be dealt with under the relevant provisions of Regulation 281
which deal with club rights and responsibilities.
150.4Any dispute which involves an
allegation that there has been a breach of ASA Law by a member must be dealt
with as a Complaint under Regulation 102 and the other relevant Regulations.
150.5If the dispute involves an allegation
against a paid employee of the club the issue must be dealt with under the
terms of his contract of employment.
150.6A failure by a club or any of the
parties to comply with these Regulations 150 to 155 inclusive shall be grounds
for a complaint under Regulation 102.
150.7Organisations, associations or bodies
affiliated to the ASA shall conform with such parts of Regulations 150 to 155
inclusive as may reasonably be applied to them, in all respects as if they were
a club.
151. Sequence
of steps to deal with a dispute
151.1The parties shall use any reasonable
means to settle the issues between them informally and amicably.
151.2If such a resolution cannot be
achieved, the dispute shall be referred to the chairman of the club committee
or, if he is a party to the dispute, to another officer of the club who is not
a party who within seven days of the reference shall appoint an independent
person to act as a mediator between the parties.The mediator may be a member of the club or a
member of another club affiliated to the ASA.
151.3If the mediator is unable to bring
about a satisfactory settlement within twenty one days, the club committee
shall within a further fourteen days appoint a panel (the “panel”) to determine
the dispute.
151.3.1The panel shall
consist of three persons who have not been involved in the dispute, either from
the members of the club or, if this is not possible or desirable, from the
members of any other club affiliated to the ASA.
151.3.2The parties shall be
given the opportunity to object to any of the members of the panel at least
seven days before the scheduled date of any hearing.The club committee shall consider any such
objections, decide whether they are justified and act accordingly.
152.Procedure
before a hearing
152.1The panel members
shall appoint one of their number to act as the Chairman and either appoint
another of their number, or alternatively appoint an additional person without
any other powers, to act as the clerk of the hearing.
152.2The Chairman of the panel shall arrange
the date of the hearing and notify the parties of the arrangements at least
fourteen days in advance of the date set.The notified date shall not be changed unless one or more of the parties
has a compelling reason for not being able to attend on the notified day or
time.
153.Procedure
at a hearing
153.1The procedure
shall be flexible and it shall be the responsibility of the Chairman of the
panel to ensure the orderly and effective conduct of the hearing.
153.2The panel shall not be bound by the
judicial rules of the courts of England
and Wales governing procedure or the admissibility of evidence provided that
the hearing is conducted in a fair and orderly manner and that each party is
given a reasonable opportunity to give and call evidence, address the panel and
present his case.The Chairman shall
have the discretion to limit the number of witnesses that would otherwise have
been called.
153.3Witnesses shall normally be provided
with an area outside the hearing room and not take any part in the hearing
other than giving evidence and responding to questions
153.4The parties shall be informed of their
right to make a complaint under Regulation 102 if they are dissatisfied with
the conduct of the hearing or the grounds upon which the decision was made or
if they consider any sanction imposed to be disproportionate.
154. Procedure
after a hearing
154.1The panel shall come to a decision as
soon as reasonably practicable after the hearing and if possible announce its
findings and decisions orally to the parties.
154.2Notwithstanding anything in Regulation
154.1 the Chairman shall notify the parties and, if the club was not a party to
the dispute, the club secretary in writing of its findings and decisions within
five days of the hearing.
155. Considerations
regarding children
155.1Any person under the age of eighteen (a
‘child’) who is a party to a dispute or who has been called as a witness shall
normally be accompanied by a parent, a person with parental responsibility or a
suitable adult. The Chairman shall have the sole discretion as to whether a
child is permitted to present or defend a case or be questioned as a witness
and may order that the child be assisted or represented by an adult.
155.2The Chairman shall
give due consideration to any child attending a hearing as a party to a dispute
or to give evidence and in particular:
155.2.1No child aged fourteen or under
shall normally be expected to attend a hearing to give evidence in person.His evidence shall normally be given as a
written statement with the assistance of a club welfare officer or other person
acceptable to the child and parent. Questions and responses may be relayed by a
panel member. If the child appears distressed the panel shall rely only on the
written evidence.
155.2.2A child over the age of fourteen shall
only attend a hearing as a party to the dispute or to give evidence in person
provided he wishes to, and the Chairman has consulted with the parent and child
and is satisfied that they both understand the nature of the hearing and what
will happen and that the child is competent to attend.
155.2.3If there is a disagreement between
parent and/or child and the Chairman on any of the considerations above, the
Chairman shall consider requesting advice from the Independent Child Protection
Officer via the ASA Legal Department.
155.3During the hearing, a child who is
expected to give evidence in person and his accompanying adult(s) shall be
required to attend only those parts of the hearing which are necessary for him
to give his evidence and shall be provided with a separate waiting area with no
contact with any of the [other] parties.
155.4After the hearing the Chairman shall
inform the parent of the panel’s findings and decisions and shall discuss
whether he or the parent shall inform the child.
