MANCHESTER AND DISTRICT SWIMMING AND WATER POLO ASSOCIATION CONSTITUTIONAL RULES
Main
Menu Constitution and Rules
1.
NAME
1.1
The name of the Association shall be the Manchester
and District Swimming and Water Polo Association, hereinafter called the
Association.
2.
DEFINITION
2.1
The Manchester and District Association shall be
based on an area defined by a geographical radius of 15 miles from the
Manchester Royal Exchange.
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 (hereinafter called ASA), the
Amateur Swimming Association North West Region and the Lancashire County Water
Polo and Swimming Association that fall within its jurisdiction.
3.1.2
Obey and enforce the laws and
rules, regulations and rulings of the Amateur
Swimming Association, the Amateur Swimming Association North West Region and the
Lancashire County Water Polo and Swimming Association.
3.1.3
Manage the sport of swimming
throughout the Association.
3.1.4
Promote and encourage the
knowledge and the practice of the disciplines of Swimming, Diving and Water Polo
by means of championships and competitions.
3.1.5
Develop the sport of swimming
in each aquatic discipline in all possible ways.
3.1.6 Produce and implement policies to carry out other
activities relevant to the Association.
4.
OBJECTS
4.1
In the furtherance of the aims of the Association
the following objectives shall be undertaken:-
4.1.1
The 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
The Association shall
implement the ASA equal opportunities policy.
4.1.3
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 relating to Child Protection and those parts of the ASA Judicial Laws and
procedures necessary for their implementation.
4.1.4
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.
4.2 The Association shall be affiliated to the Lancashire County Water Polo and Swimming Association (and shall adopt and conform to the rules of that Association) and such other bodies as the Association may determine from time to time.
4.3
The business and affairs of the Association shall
at times be conducted in accordance with the Laws and Regulations of the ASA and
the Judicial and Technical Rules of the Amateur Swimming Association ("ASA
Laws") and in particular:
4.3.1.
All members of the Association
shall be members of a club, body, organisation, association or league affiliated
to the Association.
4.3.2.
All competing members shall be
eligible competitors as defined in ASA Laws.
4.3.3.
All competitors shall comply
with the Championship conditions of the Association and the ASA.
4.3.4.
Members of the Association
shall, in accordance with ASA Laws, comply
with the ASA Child Protection Procedures.
4.4
To promote and develop the aquatic disciplines
through the implementation of Partnership agreements with appropriate bodies,
organisations and external agencies.
4.5
By virtue of the affiliation of the Association to
Lancashire County Water Polo and Swimming Association the Association and all
members of the Association acknowledge that they are subject to the laws and
rules of:
4.5.1
Lancashire County Water Polo
and Swimming Association.
4.5.2
ASA North West Region
4.5.3
The Amateur Swimming
Association (to include the ASA/IoS Code of Ethics).
4.5.4
British
Swimming (to include in particular the British Swimming Doping Control Rules and
Protocols and British Swimming Disciplinary Code).
4.5.5
FINA, the world governing body
for the sport of swimming in all its disciplines' (together "the Governing
Body Rules").
4.6
In the event there shall be a conflict between any
rule or by-law of the Association and any of the Governing Bodies then the
relevant Governing Body Rule 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 Association subject to the strategic direction of the ASA, the
ASA North West Region and the Lancashire County Water Polo and Swimming
Association.
5.1.2.
Observe, obey and enforce the laws, the judicial laws and the technical
rules of the ASA, the ASA North West Region and the Lancashire County Water Polo
and Swimming Association within its jurisdiction.
5.1.3.
Follow and implement the resolutions and rulings of the ASA Council, the
ASA Board, the decisions of the ASA North West Region and of the Lancashire
County Water Polo and Swimming Association and ensure they are followed within
its jurisdiction.
5.1.4.
Be accountable to the ASA, the
ASA North West Region and the Lancashire County Water Polo and Swimming
Association for the proper discharge of its duties and functions.
5.1.5.
Produce, maintain and
implement such plans based on strategic criteria set by the ASA, the ASA North
West Region and the Lancashire County Water Polo and Swimming Association and in
such form as they may from time to time require.
5.1.6.
Make available to the ASA, the
ASA North West Region and the Lancashire County Water Polo and Swimming
Association such information and reports as they may require, at a time and in a
format specified.
5.1.7.
Elect the requisite number of
delegates to the Lancashire County Water Polo and Swimming Association Council
Meeting and any Special Council Meeting and to any other body, organisation or
association to which the Association is affiliated as required.
5.1.8.
Produce and issue as required
Constitutional Rules for the Association and operate on the basis of an
appropriate constitution which shall:-
5.1.8.1
Be issued and reviewed from time to time by the ASA and the ASA North West
Region.
5.1.8.2
Contain any mandatory provisions in respect of any parts of the governance and
administration of the Association received from the ASA, the ASA North West
Region and/or the Lancashire County Water Polo and Swimming Association.
5.1.8.3
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 ASA, the ASA North West Region and the Lancashire County Water
Polo and Swimming Association.
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, the ASA
North West Region, the Lancashire County Water Polo and Swimming Association and
the Association.
5.2.2.
As required, 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, the ASA North West Region, the Lancashire County Water Polo and
Swimming Association and the Association.
5.2.3.
As required, set up and
implement a Development Plan based on the strategic criteria set by the ASA, the
ASA North West Region, the Lancashire County Water Polo and Swimming Association
and the Association.
5.2.4.
Have the authority to set the
Association 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.
As required, from time to
time, submit any Business and Development Plans that may have been produced, to
the Lancashire County Association and the ASA North West Region or its nominated
agent(s) for information and approval.
5.3.2.
Keep accounts showing its
income and expenditure and a balance sheet.
5.3.3.
As required report to the Lancashire County Water Polo and Swimming
Association and/or the ASA North West Regional Management Board, in such a form
as it may from time to time require on:
5.3.3.1.
Its activities and any issues arising there from.
5.3.3.2
Its Financial Statements.
6.
AFFILIATION AND MEMBERSHIP
6.1.
The total membership of the Association shall not
normally be limited. If however the Council considers that there is a good
reason to impose any limit from time to time the Council shall put forward
appropriate proposals for considerations at an Annual or a Special meeting of
the Council of the Association. The members of the Council shall have the right
to recommend that limits should be placed on or removed from total membership,
or any category of membership.
6.2.
Applications for affiliation can be made by any club,
body, association, organization or league affiliated to the ASA North West
Region and to either Lancashire County Water Polo and Swimming Association or
Cheshire County Water Polo and Swimming Association or Derbyshire Amateur
Swimming Association, which has its headquarters or a catchment area which falls
partly or wholly within a radius of 15 miles of the Manchester Royal Exchange.
6.3
An application for affiliation
shall be limited to one application per year from any individual club,
body, association, organization or league. The application must be proposed and
seconded by two different organisations affiliated to the Association who must
provide such supporting information as requested by the Association. The
Secretary shall circulate the notice of the application to all affiliated
organisations at least 21 days prior to the Council meeting at which the
application is to be considered. Election to membership shall be approved by at
least a majority of two thirds of those present and voting.
6.4.
The Association shall affiliate:
6.4.1.
Those clubs, bodies,
organisations, associations and leagues who are affiliated to the ASA and to the
ASA North West Region who satisfy the conditions of Rule 6.2.
6.4.2.
Individuals granted temporary
membership by virtue of their participation in a specific event organised by the
Association in conjunction with a club, body, association, organisation or
league under the conditions of ASA law on temporary membership.
6.4.3.
Individuals holding named
positions within the Association. The holders of individual named positions
shall be members of an affiliated organisation and shall be not less than 18
years of age.
6.4.4.
Individuals who have been
granted life membership or honorary membership of the Association. Such members
must be members of an affiliated club
6.5.
The Annual Council meeting may, as it thinks fit, elect
Life Member for services rendered to the Association on a recommendation
received from a General Council meeting.
7.
SUSPENSION AND RESIGNATION
7.1.
Any club, body, organisation,
association or league not having paid its return of club membership to the ASA,
or paid its liabilities to any other National Governing Body, to the ASA North
West Region, to its County Association and to the Association by the 31st March
shall be suspended with immediate effect by the Council, from all Association
activities, until such time as those liabilities are discharged. The Secretary
of the Association shall notify the club,
body, organisation, association or league in writing.
7.2.
A member of a club, body, organisation, association or
league which has not paid its liabilities to the ASA, to the ASA North West
Region, to its County Association and to the Association by the appropriate date
shall not be allowed to compete during the period of the suspension in any open
competition in the name of that club or organisation.
7.3.
Any club, body, organisation, association, or league not
having paid its liabilities to the ASA, to the ASA North West Region, to its
County Association or to the Association by 1st June shall be deemed to have
resigned.
7.4.
Where the membership of a club, organisation,
association, or league shall be terminated in accordance with Rule 7.3 above the
Club or other organisation shall be informed in writing that the club
or other organisation is no longer a member of the Association.
7.5.
Any club, body, organisation, association or league
resigning from affiliation of the ASA and the ASA North West Region shall be
deemed to have resigned from membership of the Association.
7.6
A club, body, organisation, association, or league
wishing to resign from the Association shall give notice in writing to that
effect before 31st March to the Secretary or it shall be held responsible for
its Association affiliation fee for the
subsequent year.
7.7
A member's resignation shall only take effect when
agreed by the Council and there is no outstanding financial commitment or
disciplinary action against the club or other organisation.
8.
EXPULSION AND OTHER
DISCIPLINARY ACTION
8.1.
The Association shall have the power to expel an
individual member or affiliated organisation when, in its opinion, it would not
be in the interests of the Association for them to remain a member. The
Association in exercising this power shall comply with the provisions of Rules
8.3 and 8.4 below.
8.2.
Upon expulsion the former member shall not be entitled to
have any part of any fees incurred in being a member refunded and must return
any Association trophies held forthwith
8.3.
In the case of an internal dispute between an individual
member, club or other affiliated organisation, when referred to the Association
for consideration the Association shall adopt and comply with the requirements
and procedures of ASA Law and Regulations for handling all internal disputes as
may be revised from time to time.
8.4
An individual member, club or other affiliated
organisation may not be expelled, or be subject to Rule 8.5 below, or be made
the subject of any other penalty or sanction unless the panel hearing the
dispute shall by a two-thirds of those present and voting,
vote in favour of the expulsion or other penalty imposed upon the member.
8.5
The Officers of the Association, or any person to
whom the Council shall delegate this power, may temporarily suspend or exclude
an individual member or affiliated organisation from particular activities when
in their opinion, such action is in the interests of the Association. Where such
disciplinary action is taken it shall be dealt with in accordance with ASA Laws
and procedures.
8.6
The Officials
in charge of a particular activity or event shall be responsible for
the discipline. If further action is required this is to be referred to the
Disciplinary Sub Committee. The Disciplinary Sub Committee to be five members,
appointed by the Council, of which three members must be present at the
Disciplinary hearing.
8.7
For a breach of its own rules the Association may:
8.7.1.
Apply sanctions to an
individual member or affiliated organisation relating to activities wholly
within its own jurisdiction up to and including suspension from any or all of
them.
8.7.2.
Expel, disqualify or apply any
other penalty or sanction upon any individual member or affiliated organisation
by the approval of two-thirds of those
present and voting at any special meeting, provided:
8.7.2.1.
It informs the individual member or the affiliated organisation of the alleged
offence;
8.7.2.2.
Notice of potential penalties is given on the
notice calling the meeting.
8.7.2.3.
The accused is invited to attend to speak, to call witnesses and to question
witnesses called against them. Another person to assist in presenting the
defence may accompany the member.
8.7.2.4.
Not less than 14 days notice of the meeting is given to the accused by the
Secretary, in writing, stating the time, date and venue of the meeting and the
details of the alleged offence.
8.8.
An individual member or an affiliated organisation has a
right of appeal against the decision of a disciplinary hearing to the ASA North
West Region.
8.9.
lf the alleged offence is a breach of ASA Law; the
Association shall not deal with it, but shall make a complaint to the ASA under
the Judicial Laws and Rules of the ASA.
8.10.
If a complaint is to be made or is received by the Association expressing
dissatisfaction with the actions or behaviour of an individual member or an
affiliated organisation, it shall be submitted to the ASA for consideration
under the Judicial Laws of the ASA.
9.
FINANCE
9.1.
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 Annual
Council.
9.2.
The Annual Council
shall, as its sees fit, decide the amount of the annual affiliation fee and any
membership and competition or any other fees for the next operating year.
9.3.
The annual affiliation fee for each club, body,
organisation, association or league shall be due on joining the Association and
thereafter on 31st March of each year.
9.4.
All monies payable to the Association shall be received
by the Treasurer and deposited in a bank account in the name of the Association.
No sum shall be drawn from the account except by cheque signed by two of the
four designated signatories who shall be the Secretary, Treasurer and two other
nominated officials.
9.5.
The income and property of the Association shall be
applied only in the 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.
9.6.
The Treasurer shall record the
financial transactions of the Association in such a manner, as the Council think
is appropriate.
9.7.
The Council shall have the
power to authorise the payment of remuneration and expenses to any officer,
member, employee or other such person for the services rendered to the
Association.
9.8.
The members of Council 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,
10.
GOVERNANCE
10.1.
There shall be three level of governance of the Association
10.1.1.
The Annual Council
10.1.2.
The Council
10.1.3.
The Standing Technical
Committees and Working Groups
10.2.
A person who is not a member of a club, body, association, organisation or
league affiliated to the Association shall not be permitted to be nominated,
elected or appointed as a delegate, council member, committee member, Officer,
Co-ordinator, Advisor or to any other position that carries the right to vote at
any level of governance.
11.
OFFICERS
11.1.
The Officers of the Association shall be the President, the President Elect, the
Secretary and the Treasurer.
12.
COUNCIL
12.1.
The Council of the Association shall consist of:
12.1.1.
The President
12.1.2.
Immediate Past President
12.1.3.
President Elect
12.1.4.
The Life Members of the Association
12.1.5.
Vice Presidents of the Association
12.1.6.
The Secretary
12.1.7.
The Treasurer
12.1.8.
The Water Polo Secretary
12.1.9.
The Swimming Secretary
12.1.10.
The Age Group and Championship Secretary
12.1.11.
The Diving Secretary
12.1.12.
The Minute Secretary
12.1.13.
The Publicity Officer
12.1.14.
The Welfare Officer
12.1.15.
The Equity Officer
12.1.16.
The Volunteer Officer
12.1.17.
The delegates of affiliated clubs and other organisations
12.1.18.
The Medical Advisor
12.2.
Representation to Council
12.2.1.
Each club and other
organisation affiliated to the Association shall be entitled to representation
at Council by one delegate.
12.3.
Delegates
12.3.1.
A delegate shall be appointed by the club, body, association,
organisation or league they represent.
12.3.2.
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 that club, body, organisation,
association or league and has been duly appointed a delegate to any Meeting of
the Council.
12.3.3.
A delegate shall only be permitted one vote, irrespective of the number
of clubs, associations, bodies or organisations they may represent.
12.3.4.
Proxy voting shall not be allowed at any Meeting of the Council.
13.
RESPONSIBILITIES OF COUNCIL
13.1
The Council shall have the responsibility to:
13.1.1.
Deal with all matters of governance according to the rules of the Association.
13.1.2.
Oversee the work of the Officers, other appointed positions and working groups
and to receive their reports and accounts.
13.1.3.
Abide by the standing orders for its conduct.
13.1.4
Consider and make recommendations to the Annual Council meeting on any
proposed additions or alterations to, or deletions from the constitutional
rules.
13.1.5.
Keep full and accurate minutes of its meetings.
13.1.6.
Determine the time, date and venue of the Annual Council Meeting.
13.1.7.
Publish an Association Handbook and shall make three copies available to
each affiliated club, and one copy available to each other affiliate
organisation, council officer, life member, any relevant advertiser and Local
History library.
13.2
The Council may:
13.2.1.
Discuss any matters that are relevant and pass resolutions and orders
concerning them.
13.2.2.
Appoint a special committee, working group or individual to consider and
report upon any matter. The number of members of the committee or working group
and the quorum shall be determined by the Council.
The Officers shall be ex officio members of any such committee or working
group unless the Council dictates otherwise.
13.2.3.
Make a recommendation to the Annual Council meeting to elect as a Life
Member an individual whose services to the Association would justify such
recognition.
13.2.4.
If two-thirds of those present and voting are in favour of a motion to
the effect that a club, body, organisation, association or league affiliated to
the Association has rendered itself unworthy to continue to be affiliated to the
Association invoke the provisions of Rule 8 to seek approval to expel the club
from membership of the Association.
13.2.5.
At the Annual Council meeting or at any other Council meeting delegate
the whole, or any part of its powers, to a sub committee, working group or an
individual.
14.
MEETINGS OF THE COUNCIL
14.1. Frequency of meetings
14.1.1
Council meetings, with the exception of the Annual General Meeting and any
Special meeting of Council, shall be held not less than once per month, save
where the Council itself shall by a simple majority resolve not to meet.
14.1.2.
The Council shall decide the time, date and venue of all meetings.
14.1.3.
The President and the Secretary shall have discretion to call further meetings
of the Council if they consider it to be in the interests of the Association.
14.2.
Chair
14.2.1.
The Chair at all meetings of the Council shall be the President if he is
present. If the President is absent, or unable to act or declines to act the
President Elect shall act as the Chair for the meeting. If the President Elect
is not able to act as chair for the meeting the most immediate Past President
shall act as chair. If a chair is still not available the Council shall elect a
Chair from its members present.
14.2.2.
The Chair shall:
14.2.2.1.
Have unlimited authority upon every question of order.
14.2.2.2.
Be, for the purpose of the Council meeting, the sole interpreter of the rules
governing the Council.
14.3
Secretary
14.3.1.
The Secretary, or in the absence of the Secretary a member of, and selected by
the Council, shall take the minutes of the
meeting.
15.
ANNUAL MEETING OF THE COUNCIL
15.1
The Annual Council meeting of the Association shall be held in
January.
15.2.
The notice providing the time, date and venue of the Annual Council Meeting and
the closing date for the Secretary to receive any nominations for office,
resolutions or proposals for consideration at the Annual Council meeting shall
be sent to clubs and all other affiliated organisations not less than two months
before the date of that meeting. The
closing date for any nominations, proposals and resolutions to be considered at
the Annual Council meeting shall be not less than 21 days before the date of the
Annual Council meeting.
15.3.
The Secretary shall be responsible for providing each affiliated club, body,
association, organisation or league and each member of Council at least fourteen
days before the date of the meeting a written copy of the agenda for the meeting
together with the resolutions to be proposed, a copy of the Annual Report, a
list of the nominees for the Officers posts and a copy of the examined accounts.
15.4
The purpose of the Annual Council meeting is to transact the
following business:
15.4.1.
To receive and comment on the Annual Report of the Activities of the Association
during the previous year as presented by the
Secretary.
15.4.2.
To receive and consider the accounts of the Association for the previous year,
the report on the accounts by the independent Financial Examiner and the
Treasurers report as to the financial position of the Association.
15.4.3.
To elect the following, each of whom shall be a member of a club, body,
organisation, association, or league affiliated to the Association and shall be
not less than 18 years of age:
15.4.3.1.
The President.
15.4.3.2.
President Elect
15.4.3.3.
Life Members (as appropriate)
15.4.3.4.
Not more than ten Vice Presidents
15.4.3.5.
The Secretary
15.4.3.6.
The Treasurer
15.4.3.7.
The Water Polo Secretary
15.4.3.8.
The Swimming Secretary
15.4.3.9.
The Swimming Championship Secretary
15.4.3.10.
The Age Group Secretary
15.4.3.11.
The Diving Secretary
15.4.3.12.
The Minute Secretary
15.4.3.13.
The Publicity Officer
15.4.3.14.
Two members to the Emergency Committee
15.4.3.15.
Two members to the Age Group and Swimming Championship Committee
15.4.3.16.
Two Members to the Water Polo Committee
15.4.3.17.
The Trophy Controller(s)
15.4.4
To appoint the following, each of whom shall be a member of a club, body,
organisation, association or league affiliated to the Association or hold
professional qualifications and shall be not less than 18 years of age.
15.4.4.1.
An independent Financial Examiner, who shall not be a member of the
Council or a member of the family of a member of the Council.
15.4.4.2.
A Welfare Officer, who shall not hold any other office on the Council and shall
not be a member of the family of a Council member or an Officer.
15.4.4.3.
A Volunteer Co-ordinator
15.4.4.4.
A Legal Advisor
15.4.4.5
A Medical Advisor
15.4.4.6.
A delegate to the Lancashire County Water Polo and Swimming Association
and to other organisations to which the Association is affiliated, as required.
15.4.5.
To decide on changes to the Constitutional Rules.
15.4.6.
To decide on any other resolutions that may be duly submitted in accordance with
Rule 17.1 and Rule 17.3.
16.
SPECIAL MEETINGS OF THE COUNCIL
16.1.
A Special Meeting of the Council shall be called at any time by:
16.1.1.
a resolution of the Council carried at any meeting of the Council;
16.1.2.
an order of the Annual Council meeting;
16.1.3.
a requisition in writing, received by the Secretary, signed by not less
than eight different clubs, bodies,
associations, organisations or leagues. Each signatory to the request must be an
officer of the club, body, association, organisation or league. The request
shall state the purpose for which the meeting is required and the resolutions
proposed.
16.2.
The Secretary shall call a Special Meeting of Council to take place within
twenty-eight days of the receipt of a requisition to call the meeting.
16.3
The Secretary shall give not less than fourteen days notice of
a Special meeting to all affiliated clubs, bodies, associations, organisations
and leagues. The notice shall specify the time, date and venue of the meeting
along with the object of the meeting and any resolutions or proposals to be
considered at the meeting. The date, time and venue of the meeting shall be at
the discretion of the Officers of the Association.
16.4
No business shall be discussed at such a meeting other than
that prescribed by a meeting of the Council, the Annual Council meeting or that
stated in the request for the meeting, as the case may be.
17.
PROCEDURES AT COUNCIL MEETINGS
17.1.
Presentation of Proposals and Resolutions:
17.1.1.
The relevant Officer shall propose any Resolutions that emanate from the
Council.
17.1.2.
Resolutions that emanate from a Sub Committee, working group or a
delegate shall be proposed by a member of the sub committee, working group or
the delegate while those that emanate from a standing order shall be proposed by
a member of Council.
17.1.3.
If the proposer is not a member of Council the proposal shall be made formally
from the Chair and immediately afterwards the proposer shall be allowed to speak
in support of the resolution.
17.1.4.
Any amendment shall be disposed of before another amendment is considered.
17.1.5.
The Chair may accept, without notice, verbal amendments that do not affect
substantially the nature of the proposal under discussion.
17.1.6
All nominations, resolutions and proposals are to be given to the
Secretary in writing.
17.2 Business of the Meeting
17.2.1.
All business for 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:-
17.2.1.1
To record the name of the Chair of the meeting, if other than the President.
17.2.1.2.
To record the name of the Secretary of the meeting, if other than the Secretary.
17.2.1.3
For adjournment.
17.2.1.4.
For leave to withdraw a motion.
17.2.1.5.
For a vote of thanks.
17.2.1.6.
For permission to withdraw.
17.3 Motions
17.3.1.
Every motion shall be proposed and seconded.
17.3.2.
A proposal to change Constitutional Rules of the Association shall be carried
only if at least two-thirds of those present and voting are in favour. All other
proposals, including amendments to proposals to change a Constitutional Rule of
the Association or otherwise, shall require a simple majority of those members
present and voting.
17.3.3.
A proposal for consideration at the Annual Council Meeting which does not embody
a proposal to change a Constitutional Rule of the Association may be submitted.
17.3.3.1.
By a member of Council
17.3.3.2.
By a club, organisation, association or league affiliated to the Association.
17.3.4.
In all cases where multiple
nominations are received for the same office a secret ballot will be held at the
Annual Council Meeting.
17.3.5.
Nominations for election to the position of Life Member shall be made to the
Annual Council Meeting by a proposer and seconder on the recommendation of
Council.
17.3.6.
A motion of which due notice has not been given may not be discussed or
voted upon unless sanctioned by the Chair and two-thirds of the members present
and voting and provided it does not involve a change to the constitutional Rules
of the Association.
17.3.7.
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 Chair and
put to the vote without debate.
17.4.
Voting
17.4.1.
Voting on elections shall be by select ballot and any ballot paper containing
more votes than the number required shall be void.
17.4.2.
Completed voting papers shall be collected by the tellers as directed by the
Chair.
17.4.3.
The result of each ballot shall be announced by the Chair during the meeting and
the Chair shall indicate the number of votes cast for each candidate and the
number of spoiled ballet papers.
17.4.4.
Any discrepancy or irregularity found after the conclusion of the meeting shall
be dealt with by the Council which may disqualify votes with 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.
17.4.5.
Unless the Chair directs otherwise, voting on all motions or amendments shall be
by a show of hands or delegates cards.
17.4.6.
Each member present and entitled to vote, with the exception of the Chair, or
acting Chair for that meeting, shall have one vote and a simple majority shall
pass any resolution.
17.4.7.
In the event of an equality of votes the Chair, or acting Chair for that
meeting, shall have a casting vote.
17.5.
Quorum
17.5.1.
The quorum for the Annual Council Meeting or a Special Meeting of Council shall
be 20 people entitled to attend and vote at the meeting, which must include not
less than one officer of the Association.
17.5.2.
The quorum for a Council Meeting shall be 10 people entitled to attend and vote
at the meeting, which must include not less than one officer of the Association.
18.
CHANGES TO ASSOCIATION CONSTITUTIONAL RULES
18.1.
Any proposal to change a Constitutional 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
Council shall appoint a group of people to draft the wording of the changes to
the Rules to implement the principles and intentions approved by the Council.
18.2.
The Council shall approve the changes to the Rules and submit them where
necessary to the ASA North West Region for its consideration and approval.
18.3.
Any changes to the Constitutional Rules of the Association shall become
effective upon approval by the ASA North West Region Management Board or at a
specified later date as determined by the Council.
18.4.
A proposal to change a Constitutional Rule of the Association shall only be
considered at a meeting of the Annual Council if it has been:-
18.4.1.
Recommended by the Council at a meeting before 1st November and appears
in the minutes of that meeting.
18.4.2.
Submitted in writing, by a club, organisation, association or league
affiliated to the Association and has reached the Association Honorary Secretary
not less than 21 days before the date of the Annual Council meeting in
accordance with Rule 15.2.
18.4.3.
Made as a matter of urgency, approved by the Council, sent to the clubs,
organisations, associations and leagues affiliated to the Association at least
ten days before the Council Meeting and approved as a suitable matter for
consideration by Council by at least two-thirds of the delegates voting.
18.4.4.
Mandated by a change to either ASA Law or the Rules of the ASA North West
Region.
18.4.5.
Included in the resolution or request for a Special Meeting of Council.
18.4.6.
Referred to the Annual Council or Special Council, unless emanating from
it. The Council shall indicate its support or opposition and may propose
amendments, which shall be included on the agenda of the Annual Council or
Special Council Meeting.
18.4.7.
Included on the agenda of the Annual Council or Special Council Meeting.
18.5.
Every proposal to change a Constitutional Rule of the Association and/or amend
it shall be proposed and seconded separately and shall be open for discussion by
any delegate with or without prior indication of intent.
18.6.
An amendment to any proposal to change a Constitutional Rule of the Association
may be proposed by any member of Council, supported by another member as a
seconder.
18.8. If any addition, alteration or deletion from either an ASA Law
or a Rule of the ASA North West Region causes an Association Rule to conflict
with it, the Council shall be authorised to change the Association Rule to
conform to it. Any such change shall be notified to the next Annual Council
Meeting following the change of Rule.
19.
INDEPENDENT FINANCIAL
EXAMINERS
19.1.
An independent Financial Examiner shall be appointed at the Annual Council
Meeting who shall examine the statement of accounts and the balance sheet each
the year and shall certify the same before they are presented to the membership.
19.2
The. Financial Examiner shall, if appropriate, present a report
to the Annual Council meeting on the financial affairs of the Association and
may make recommendations for further action.
20.
STANDING COMMITTEES
20.1.
Standing Committees shall be formed for Emergency purposes, for Age Group and
Swimming Championships and for Water Polo.
20.2.
Composition
Each
standing committee shall consist of the members as indicated in its terms of
reference.
20.3.
Ex-officio Members
The
President, the President Elect, the Secretary and the Treasurer of the
Association shall be Ex-officio members of all Standing or other Committees, or
as otherwise specified by the Council, or in the terms of reference of such a
committee.
20.4.
The Annual Council Meeting shall appoint the members of each Standing Committee.
20.5.
Provisions applicable to
Standing and other Committees
20.5.1.
Standing Orders
20.5.1.1.
The meeting of every committee shall be private and no report of its proceedings
shall be made to any outside body.
20.5.1.2.
In case of emergency any action or decision taken by any Standing or other
committee must have prior approval of the President, the Secretary and the
Treasurer.
20.5.1.3.
Except in cases of emergency no decisions of any Standing or other committee
shall be binding upon the Council until considered and voted on by the Council.
20.5.1.4.
All Standing and other committees shall periodically report their proceedings to
the Council and shall conduct their business in accordance with the directions
of the Council.
20.5.2.
Quorum
20.5.2.1.
The quorum for each Standing committee or other Committee shall be laid
down in the terms of reference for that 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.
20.5.3.
Co-option
20.5.3.1.
Any Standing or other committee shall have the power to co-opt members, for any
special purpose, without the power to vote.
20.5.4.
Substitutes
20.5.4.1.
In the absence of the Chair or the Secretary of any Standing or other committee
a member of the committee chosen by a majority of the members present and voting
shall act as the Chair or Secretary as required, for that meeting
20.5.5.
Committee Chair
20.5.5.1.
At its first meeting after the Annual Council Meeting each Standing or other
committee shall elect, except where otherwise appointed, a Chair from amongst
its own members.
20.5.5.2.
The Association President, if present shall have the right to act as Chair.
20.5.5.3.
A chair shall have a deliberative and a casting vote,
20.5.6.
Committee Secretary
20.5.6.1.
At its first meeting after the Annual Council Meeting each Standing Committee
shall elect, except where otherwise appointed, a Secretary from amongst its own
member.
20.5.6.2.
The Championship Secretary shall be a member of the Swimming Committee and shall
act as the Secretary of the Committee.
20.5.6.3.
The Water Polo Secretary shall be a member of the Water Polo Committee and shall
act as the Secretary of the Committee.
20.5.7.
Minutes
20.5.7.1.
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 Council, shall be
submitted for approval to the Council.
20.5.8.
Duties and Responsibilities of a Standing Committee
Unless
stated otherwise the duties of a Standing Committee shall include but not be
limited to:
20.5.8.1.
Managing the Championships and Competitions of the Association for the
Discipline concerned. .
20.5.8.2.
Appoint Officials for the Association Championships and other competitions as
necessary.
20.5.8.3.
Select Association representatives and nominate competitors and officials for
representative teams as required.
20.5.8.4.
Make recommendations to the Council as required for Association awards.
20.5.8.5.
Review the relevant section of the Development Plan of the Association on a
regular basis and make periodic reports to the Council on the progress made
against the Development Plan for the discipline.
20.5.8.6.
Advise the Council on all matters relating to the discipline.
20.5.8.7.
Deal with any matters referred to it by the Council.
20.5.8.8.
Report to the Council at such times and in such a form as it may require.
20.5.8.9.
Encourage and supervise activities in the Association for the improvement of the
discipline concerned.
20.5.8.10.
Take such other action to further the discipline within the Association as
deemed appropriate.
21.
EMERGENCY COMMITTEE
21.1.
The Emergency Committee shall comprise:
21.1.1.
The President
21.1.2.
The President Elect
21.1.3.
The Secretary
21.1.4.
The Treasurer
21.1.5.
Two of the elected Vice Presidents
21.2.
Quorum
21.2.1.
Three members shall form a
quorum
21.3.
Duties and Responsibilities
21.3.1.
The Duties of the Emergency Committee shall be to deal with all matters
referred to it by the Council or by an offer of the Association if it arises
between the meetings of the Council.
21.3.2.
All decisions and actions taken by the Emergency Committee on behalf of
the Association shall be reported to the next available Council meeting and
shall be recorded in the minutes of the meeting.
21.3.3.
The President, if in attendance, shall Chair the meeting. If the
President is not available or declines to chair the meeting a Chair shall be
selected by and from the members present.
21.3.4.
The Secretary of the Association shall take the minutes of the meeting.
If the Secretary is not available a person shall be elected by and from the
members present to take the minutes.
22.
AGE GROUP AND SWIMMING
CHAMPIONSHIP COMMITTEE
22.1.
The Age Group and Swimming Championship Committee shall comprise:
22.1.1. The officers
22.1.2.
Two elected members of Council
22.1.3.
The Swimming Championship
Secretary
22.1.4.
The Age Group Secretary
22.2.
Quorum
22.2.1.
Four members shall form a
quorum, which must contain not less than one Secretary.
23.
WATER POLO COMMITTEE
23.1.
The Water Polo Committee shall comprise
23.1.1.
The Officers
23.1.2.
Two elected members
23.1.3.
The Water Polo Secretary
23.2.
Quorum
Three
members shall form a quorum
24.
CHAMPIONSHIP CONDITIONS
24.1.
The Competition and Championship conditions of all the Associations events shall
not be considered part of the Constitutional Rules for the purpose of these
rules.
24.2.
The Championship and Competition conditions will be considered by the relevant
organising committee or working group and referred to the Council, which shall
have full power to approve any changes.
25.
INTERPRETATIONS OF RULES
25.1.
In the event of any question arising as to the correct interpretation of the
Constitution or the Rules of the Association or any other question not herein
provided for, such question shall be referred to the Council whose decision
shall be final.
26.
TROPHIES
26.1.
All trophies belonging to the Association shall be perpetual.
22.2.
The winner of an individual championship trophy and the winners of a
championship team trophy shall give a guarantee of safe keeping and return to
the Championship Secretary.
27.
COMPETITIONS REPRESENTING THE
ASSOCIATION
27.1.
Any person selected to represent the Association who does not attend shall not
be eligible swim in any other event of the Association until a satisfactory
explanation has been accepted by the Executive Committee.
28.
DISSOLUTION
28.1.
A resolution to dissolve the Association shall only be proposed at a Council
Meeting and shall be carried by the approval of at least three-quarters of the
members present and voting. A specific date for the dissolution shall be
included in the resolution.
28.2.
The dissolution shall have effect from the date specified in the resolution and
members of the Council shall be responsible for the winding-up of the assets and
liabilities of the Association.
28.3.
Any property remaining after the discharge of the debts and liabilities of the
Association shall be given to a charity or charities (or other non-profit making
organisation) having aims and objectives similar to those of the Association for
the furtherance of such aims and objectives as determined by the last Council.
Version
Dated 11 January 2010