RULES of ORPINGTON OJAYS SWIMMING CLUB
as at 1st April 2002

1. Name & Colours
1.1 The name of the Club shall be Orpington Ojays Swimming Club (‘OOSC’). The club colours shall be Purple, Black and White.
2. Objects
2.1 The objects of the Club shall be the objects of the Amateur Swimming Association and in particular, the advancement of the swimming ability of its members. In the furtherance of these objects:
2.1.1 The Club is committed to treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.
2.1.2 The Club believes that the welfare of children is everyone’s responsibility and that all children and young people have a right to have fun, be safe and be protected from harm.
2.2 The Club shall be affiliated to Southern Counties Amateur Swimming Association, and shall adopt and conform to the rules of this Association, and to such other bodies as the Club may determine from time to time.
2.3 The business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the Amateur Swimming Association (‘ASA Laws’) and in particular:
2.3.1 all competing members shall be eligible competitors as defined in ASA Laws; and
2.3.2 the Club shall in accordance with ASA Laws adopt the ASA Child Protection Procedures; and
2.3.3 members of the Club shall in accordance with ASA Laws comply with the ASA Child Protection Procedures.
2.4 By virtue of the affiliation of the Club to Southern Counties A.S.A., the Club and all members of the Club acknowledge that they are subject to the laws and rules of:
2.4.1 Southern Counties A.S.A.; and
2.4.2 the Amateur Swimming Association; (to include the ASA/ISTC Code of Ethics); and
2.4.3 the Amateur Swimming Federation of Great Britain (to include in particular the ASFGB Doping Control Rules and Protocols and ASFGB Disciplinary Code); and
2.4.4 FINA, the world governing body for the sport of swimming in all its disciplines (together ‘the Governing Body Rules’)
2.5 In the event that there shall be any conflict between any rule or by-law of the Club and any of the Governing Body Rules then the relevant Governing Body Rule shall prevail.
3 Membership
3.1 The total membership of the Club shall not normally be limited. If however the Committee considers that there is a good reason to impose any limit from time to time then the Committee shall put forward appropriate proposals for consideration at a General Meeting of the Club. The members shall have the right to impose (and remove) from time to time any limits on total membership (or any category of membership) of the Club.
All persons who assist in any way with the club’s activities on a regular basis, shall become members of the club and hence of the A.S.A. and the relevant A.S.A. membership fee shall be paid. Assisting with the club’s activities shall include, but not be restricted to, teachers, coaches, Committee members, those who act as door keepers, work as recorders, announcers etc.
3.2 Any person who wishes to become a member of the Club must submit a signed application to the Secretary (and in the case of a junior swimmer the application must be signed by the swimmer’s parent or guardian). Election to membership shall be in the discretion of the Committee or other person(s) authorised by the Committee. The Committee or such authorised person(s) shall not be required to give reasons for the refusal of any application for membership. On receipt of a written request, following a refusal, the person refused shall be provided with a written reply within 28 days.
4 Subscription and Other Fees
4.1 The annual members subscription and coaching and squad fees (as applicable) shall be determined from time to time by the Committee and shall be fixed by a resolution proposed by the Committee for approval, with or without amendment, by the Annual General Meeting.
4.2 The annual subscription fee shall be due on joining the Club and thereafter on the 1st day of January each year.
4.3 Any member whose subscription is unpaid by the date falling 90 days after the due date for payment may be suspended by the Committee from some or all Club activities from a date to be determined by the Committee and until such payment is made.
4.4 The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees. This shall include the power to make such increase in the subscription as shall, where the Club pays the individual ASA Membership Fees to the ASA on behalf of members, be consequential upon an increase in individual ASA membership fees. Any increase in subscriptions shall be advised to the members in writing with the reasons for any increase to be reported to the members at the next Annual General Meeting.
5 Resignation
5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his resignation. A member’s resignation shall only take effect when this (Rule 5.1) has been complied with.
5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than three months in arrears shall be deemed to have resigned. Where the membership of a member shall be terminated in this way he shall be informed in writing that he is no longer a member by notice handed to him or sent by post to his last known address.
6 Expulsion and other Disciplinary action
6.1 The Committee shall have power to expel a member when, its opinion, it would not be in the interests of the Club for him to remain a member.
6.2 The Club shall adopt and comply with the ASA Guidelines for handling Internal Club Disputes (‘the Guidelines’) as the same may be revised from time to time. The Guidelines are set out as an Appendix to the ASA Judicial Laws and appear in the ASA Handbook. (A copy of the current Guidelines may be obtained from the ASA Legal Affairs Department.)
6.3 A member may not be expelled or (subject to Rule 6.4 below) be made the subject of any other penalty unless the panel hearing the complaint shall unanimously OR by a two-thirds majority vote in favour of the expulsion of (or other penalty imposed upon) the member.
6.4 The Officers of the Club (or any person to whom the Committee shall delegate this power) may temporarily suspend or exclude a member from particular training sessions and/or wider club activities, when in their opinion, such action is in the interests of the Club. Where such action is taken the complaint will thereafter be dealt with in accordance with the Guidelines.
7 Committee
7.1 The Committee shall consist of the President, three Vice-Presidents, Chairman, Vice Chairman, Secretary, Treasurer (together the Officers of the Club), together with such additional secretaries (currently: Fixtures Secretary, Championship Secretary, Gala Manager, Match Secretary, Publicity Secretary, Social Secretary, Training Secretary, Trophy Secretary, Membership Secretary and Sponsorship Secretary) and elected members all of whom must be members of the Club. All Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend their meetings as observers without power to vote.
7.2 The Committee members shall be proposed, seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring members of the Committee shall be eligible for re-election
7.3 Committee meetings shall be held once a month (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be not less than half of the elected committee members (to include not less than one Officer)]. The Chairman and the Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interests of the Club. The Secretary shall give all the members of the Committee not less than two days notice of a meeting. Decisions of the Committee shall be made by a simple majority [and in the event of equality of votes the Chairman (or the acting Chairman of that meeting) shall have a casting or additional vote.] The Secretary, or in the Secretary’s absence a member of the Committee, shall take minutes.
7.4 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned to the time and date falling seven days after the date of the meeting, or such other date and time as may be determined by the Chairman. If a quorum is not present at the adjourned meeting then those Committee members attending may act for the purpose of calling a Special General Meeting of the members, to which the provisions as to minimum notice contained in Rule 11.1 shall not apply

7.5 In addition to the members so elected the Committee may co-opt up to three further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall be entitled to vote at the meetings of the Committee.

7.6 The Committee may from time to time appoint from among their number such sub-committees as they may consider necessary (and to remove (in whole or in part) or vary the terms of reference of such sub-committees) and may delegate to them such of the powers and duties of the Committee as the Committee may determine. All sub-committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the directions of the Committee.
7.7 The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms and conditions of service of employees of the Club. The Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that the Accounts of the Club for each financial year be examined by an independent examiner to be appointed by the members in General Meeting. The Committee shall also have power to make regulations and to settle disputed points not otherwise provided for in this Constitution.
7.8 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.
8 Officers [and Honorary Members]
8.1 The Officers and Committee of the Club shall be proposed, seconded and elected [by ballot] at the Annual General Meeting and shall hold office until the next Annual General Meeting when they shall retire. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring officers shall be eligible for re-election.
8.2 The Committee may, if it thinks fit, may nominate a President and up to three Vice-Presidents for election at the Annual General Meeting of the Club. A President or Vice-President need not be a member of the association and on election shall, ex officio, be an honorary member of the Club and must be included in the Club’s Annual Return of Members to the ASA.
8.3 The Committee may elect any person as an honorary member of the Club for such period as they think fit and they shall be entitled to all the privileges of membership except that they shall not be entitled to vote at meetings and serve as officers or on the Committee unless any such person shall have retained in addition his ordinary membership of the Club. Such honorary members must be included in the Club’s annual return as to membership.
9 Annual General Meeting
9.1 The Annual General Meeting of the Club shall be held each year on a date falling within the month of March. The date for the Annual General Meeting shall be fixed by the Committee. Members shall be notified of the date, time and place of the meeting by displaying on the Notice Board and in writing not less than 21 days before the meeting.
9.2 The purpose of the Annual General Meeting is to transact the following business:
9.2.1 to receive the Chairman’s report of the activities of the Club during the previous year;
9.2.2 to receive and consider the accounts of the Club for the previous year and the report on the accounts of the independent examiner and the Treasurer's report as to the financial position of the Club;
9.2.3 to remove and elect the independent examiner (who must not be a member of the Committee or a member of the family of a member of the Committee) or confirm that they remain in office;
9.2.4 to elect the Officers and other members of the Committee;
9.2.5 to decide on any resolution which may be duly submitted in accordance with Rule 9.3.
9.3 Nominations for election of members to any office or for membership of the Committee shall be made in writing by the proposer and seconder to the Secretary not later than 7 days of notification of the meeting. The nominee shall be required to indicate in writing on the nomination form his willingness to stand for election. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not less than 14 days before the meeting date.
10 Special General Meeting
10.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him of a requisition in writing signed by not less than 20 members entitled to attend and vote at a General Meeting, or such numbers as represents one-tenth in number of such members, stating the purposes for which the meeting is required and the resolutions proposed.
11 Procedure at the Annual and Special General Meetings
11.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda giving notice of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least [14] days before the meeting and in the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the examined accounts. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.
11.2 The quorum for the Annual and Special General Meetings shall be 7 members entitled to attend and vote at the Meeting or (if greater) such number as represents one-tenth in number of such members.
11.3 The Chairman, or in the Chairman’s absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and resolutions shall be passed by a simple majority. For the procedures for submitting resolutions to be considered at a General Meeting members are referred to Rule 9.3. In the event of an equality of votes the Chairman shall have a casting or additional vote. Paid up members who have reached their [15th ] birthday shall be entitled to be heard and to vote on all matters. [Members who have not reached their 15th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors.]
11.4 The Secretary, or in their absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
11.5 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of such meeting, the sole interpreter of the Rules of the Club.
12 Alteration of the Rules and other Resolutions

12.1 The rules may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a simple majority of members present and entitled to vote at the General Meeting. Amendment(s) or proposed amendations to the rules shall be submitted to and validated by the Deputy General Secretary of Southern Counties A.S.A. or such other person as authorised to do so by S.C.A.S.A. either prior to or within 31 days of the meeting. Members shall be notified of any rejected amendment.
12.2 Any member entitled to attend and vote at a General Meeting shall be entitled to put any proposal for consideration at any General Meeting provided the proposal in writing shall have been handed to or posted to the Secretary of the Club so as to be received by him not later than 14 days before the date of the meeting and thereafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 11.1
13 By-Laws
13.1 The Committee shall have power to make, repeal and amend such by-laws and Code of Conduct as they may from time to time consider necessary for the well being of the Club. by-laws, Codes of Conduct, repeals and amendments shall have effect until set aside by the Committee or at a General Meeting.
14 Finance
14.1 All moneys payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. No sum above 200 pounds shall be drawn from that account except by cheque signed by two of the nominated signatories who shall be the elected by the committee. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit.
14.2 The income and property of the Club shall be applied only in furtherance of the objects of the Club and no part thereof shall be paid by way of bonus, dividend or profit to any members of the Club, [save as set out in Rule 17.3.]
14.3 The Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the Club and to any other person or persons for services rendered to the Club.
14.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee think fit.
14.5 The financial year of the Club shall be the period commencing on 1st January and ending on 31st December. Any change to the financial year shall require the approval of the members in a General Meeting.
15 Borrowing
15.1 The Committee may not borrow money on behalf of the Club without the approval of a General Meeting for any expenditure, additions or improvements.

15.3 The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums so borrowed.
16 Property
16.1 Funds and property of the Club
Funds and property of the Club shall not be distributed among members; save as legitimate out-of-pocket expenses incurred in running the Club, and shall be applied towards a furtherance of the objects of the Club or for charitable purposes.
17 Dissolution
17.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three - quarters of the members present and entitled to vote.
17.2 The dissolution shall take effect from the date of the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.
17.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be given to a charity or charities (or other non-profit making organisation having objects similar to those of the Club for the furtherance of such objects) nominated by the last Committee.
18 ACKNOWLEDGEMENT
18.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.