Constitutional Rules of Cumbria Amateur Swimming Association
(Adopted on 23rd January 2011; Amended on 2nd November 2014; Approved by ASANWR November 2015)
5. Powers and Responsibilities of the Association
6. Affiliation and Membership
7. Suspension and Resignation
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
Appendix A Standing Orders
Appendix B ASA Laws and Regulations.
1.1 The Association shall be called the Cumbria Amateur Swimming Association (herein after called the Association).
2.1 Cumbria Amateur Swimming Association shall be based on the administrative county of Cumbria.
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.
4.1 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.
4.1.4 The 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 County Development 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 Sport Governing 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:
184.108.40.206 Shall be issued and reviewed from time to time by the ASANWR and the ASA.
220.127.116.11 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.
18.104.22.168 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.
5.1.10 Have 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.
5.1.11 Comply 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.
5.1.12 Pass 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:
22.214.171.124 Activities and any issues arising therefrom.
126.96.36.199 Financial Statements.
188.8.131.52 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.
184.108.40.206 Corporate organisations.
220.127.116.11 Local Associations and Leagues.
18.104.22.168 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;
22.214.171.124 Life Vice Presidents.
126.96.36.199 Association 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.
8.1 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 County Association and thereafter on 31st March of each year.
8.7 The Executive Committee shall make appropriate arrangements to receive from the ASA the specified County Affiliation 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 188.8.131.52.
8.11 The Treasurer shall record the financial transactions of the Association in such a manner, as the Executive Committee think is appropriate.
8.12 The 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.
9.1 There shall be four levels of government of the Association:
9.1.1 The Council.
9.1.2 The Executive Committee.
9.1.3 Other standing committees as may be established.
9.1.4 Officers and post holders.
9.2 A 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.
10.1 The Officers of the Association shall be the Chairman, the Vice Chairman, the Secretary and the Treasurer each of whom shall be a member of a club affiliated to the Association.
11.1 The Council of the Association shall consist of:
11.1.2 Past Presidents.
11.1.3 Life 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
Each club affiliated to the County Association shall be entitled to representation at Council by two delegates.
Any affiliated body, association, organisation or league shall be entitled to representation at Council by one delegate.
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:
184.108.40.206 Medical requirements and doping considerations.
220.127.116.11 Welfare issues relating to members.
18.104.22.168 Disability swimming.
12.2.3 The Council shall appoint from time to time as required a Welfare Advisor who shall:
22.214.171.124 Be a member of a club or other organisation affiliated to the Association.
126.96.36.199 Be not less than 18 years of age.
188.8.131.52 Have an appropriate background and who is required to undertake appropriate training in accordance with ASA Child Safeguarding courses.
184.108.40.206 Have a right to attend meetings of the Executive Committee without the power to vote.
220.127.116.11 Not be an Officer, an Executive Committee member or an Advisor, a member of the family of an officer, Executive Committee member or Advisor.
18.104.22.168 Report 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 County Association:
12.3.2 President Elect.
12.3.4 Vice Chairman.
12.3.7 Swimming Championship Secretary.
12.3.8 Diddy League Secretary.
12.3.9 Water Polo Secretary.
12.3.10 Masters Secretary.
12.3.11 Competition Organiser.
12.3.12 Open 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
13.1.1 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 Vice Chairman shall act as the chairman for the meeting. If the Vice Chairman is not able to act as chairman for the meeting the Council shall elect a chairman from its members present.
13.1.2 The Chairman shall:
22.214.171.124 Have unlimited authority upon every question of order.
126.96.36.199 Be, for the purpose of the Council meeting, the sole interpreter of the rules governing the Council.
188.8.131.52 Have the right to vote on every motion. In the event of an equality of votes, the Chairman shall have the casting vote.
13.2.1 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.
13.3.1 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:
184.108.40.206 By the Executive Committee
220.127.116.11 By a member of Council
18.104.22.168 By a club, body, association, organisation or league affiliated to the Association.
13.3.2 Nominations 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:
22.214.171.124 To record the name of the Chairman of the meeting, if other than the Chairman of the Association.
126.96.36.199 To record the name of the Secretary of the meeting, if other than the Secretary of the Association.
188.8.131.52 For adjournment.
184.108.40.206 For leave to withdraw a motion.
220.127.116.11 For a vote of thanks.
18.104.22.168 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 County 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 whether to change a Rule of the County Association or otherwise, shall require a simple majority of those members present and 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 Committee 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:
22.214.171.124 Made by the Executive Committee at a meeting before 31st October and appears in the minutes of that meeting.
126.96.36.199 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.
188.8.131.52 Made by a club, body, organisation, association or league affiliated to the Association and has reached the County Association Secretary by 31st October.
184.108.40.206 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.
220.127.116.11 Mandated by a change to either ASA Law or the Rules of the ASANWR.
18.104.22.168 Included in the resolution or request for a Special Meeting of Council.
22.214.171.124 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.
126.96.36.199 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:
188.8.131.52 To receive and comment on the Annual Report of the activities of the Association during the previous year as presented by the Secretary.
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124 To elect a President-Elect in advance of the expiration of the term of office of the President.
126.96.36.199 To 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.
188.8.131.52 To elect Life Vice Presidents as required.
184.108.40.206 To appoint the independent Financial Examiners and other Association Advisors as required.
220.127.116.11 To decide on changes to the Constitutional Rules and other resolutions.
18.104.22.168 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:
22.214.171.124 A resolution of the Council carried at any meeting of the Council.
126.96.36.199 An order of the Executive Committee.
188.8.131.52 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.
13.9.1 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
15.1.1 The Executive Committee shall comprise the following,
184.108.40.206 Past Presidents.
220.127.116.11 President Elect.
18.104.22.168 Life Vice Presidents.
22.214.171.124 The elected Officers (Chairman, Vice Chairman, Secretary and Treasurer).
126.96.36.199 The elected discipline Secretaries, each of whom shall be a member of a club affiliated to the Association.
188.8.131.52 Two nominated representatives of each affiliated club, the names of whom will be notified to the County Secretary at the Annual Council Meeting, 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.
15.2.1 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 Vice Chairman, 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.
15.3.1 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:
184.108.40.206 Determine the strategies of the Association within the overall policies and plans agreed by the Council and published by the ASA and the ASANWR.
220.127.116.11 Liaise with the ASANWR on considerations of the affiliation of clubs to the Association through the Region.
18.104.22.168 Carry out any specific duty laid upon it by the Council.
22.214.171.124 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.
126.96.36.199 Appoint any officers, officials, co-ordinators and members of the standing and other committees, not elected by the Council.
188.8.131.52 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.
184.108.40.206 Maintain appropriate channels of communication with the ASANWR, clubs and individuals.
15.4.2 The Executive Committee shall:
220.127.116.11 Determine any question arising as to the correct interpretation of any of these rules, or any other question not herein provided for.
18.104.22.168 Submit to the ASANWR a nomination for the position of President of the North West Region in accordance with the requirements of the ASANWR.
22.214.171.124 Set the affiliation fee in line with the budget.
126.96.36.199 Set the level of competition and championship fees in line with the budget.
188.8.131.52 Determine who shall be the authorised signatories of the accounts of the Association.
184.108.40.206 Ensure that full and accurate minutes of its meetings are kept.
220.127.116.11 At its first meeting after the Annual Council Meeting appoint county representatives, who shall be members of a club affiliated to the Association, to:
18.104.22.168.1 ASANWR Council Meetings.
22.214.171.124.2 External Partnerships as required.
126.96.36.199 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.
188.8.131.52 At 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:
184.108.40.206.1 Media and Publicity.
220.127.116.11.2 Swimming Committee.
18.104.22.168 At its first meeting after the Annual Council Meeting appoint from among its membership if appropriate other County Officials as follows.
22.214.171.124.1 Trophy Controller.
126.96.36.199.2 Development Officer.
188.8.131.52.3 County team managers.
184.108.40.206.4 County swimming coach.
220.127.116.11 Have the power to set and authorise the payment of remuneration, expenses or grant for services to the Association to any:
18.104.22.168.1 Officer, committee member or official of the Association.
22.214.171.124.2 Other person or persons as decided by the Executive Committee or Council.
126.96.36.199.3 External agents as part of a partnership agreement.
188.8.131.52 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.
184.108.40.206 Determine the terms of reference of any subcommittee or working group.
220.127.116.11 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.
15.5.6 From 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 18.104.22.168.
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.
17.1.2 Ex-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.
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
22.214.171.124 The meeting of every committee shall be private and no report of its proceedings shall be made to any outside body.
126.96.36.199 Members of the Executive Committee may attend any meeting of any committee, but without power to vote.
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 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.
17.2.3 Association 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:
18.104.22.168 President Elect.
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.
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.
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
22.214.171.124 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.
126.96.36.199 The Association Chairman, if present, shall have the right to act as Chairman of the Standing or other committee.
188.8.131.52 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.
184.108.40.206 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.
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.
20.1.1 Cumbria Age Groups and Championships.
20.1.2 Cumbria Diddy League.
20.1.3 Cumbria Winter Meet.
20.1.4 Cumbria 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.
21.4 In 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.
22.1 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.
22.3 Any 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 Committee Meeting following each Annual Council Meeting.
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 Vice Chairman shall act as the chairman for the meeting. If the Vice Chairman is not able to act as chairman for the meeting the Council shall elect a chairman from its members present.
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.
7.1 If an amendment is lost other amendments may be moved on the original proposal.
7.2 If an amendment is carried, the proposal as amended will replace the original proposal and can be subject to further amendment.
7.3 A further amendment may not be moved until the previous amendment has been disposed of.
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 shall not be open to the public.
11. The minutes of the Executive Committee shall be circulated to each member of the Executive Committee, to each club, to other appropriate individuals and shall be published on the county website although matters of a sensitive nature may be withheld from the county website.
12. All 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 Regulation 281 which specifies:-
ASA Regulation 281 Club discipline and internal dispute procedures
281.1 For a breach of its own rules, an affiliated club or body may:
281.1.1 Apply sanctions to a member relating to activities wholly within its own jurisdiction up to and including suspension from any or all of them;
281.1.2 Expel 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.
281.2 A 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,
281.3 Each club shall include in its rules provisions specifying the procedures to be carried out to handle internal club disputes.
281.4 Any 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.
ASA Judicial Regulation 102. Complaints
102.1 A 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.
ASA Judicial Regulation 150. General
150.1 The 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.
150.2 An ‘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”).
150.3 If 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.
150.4 Any 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.
150.5 If 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.
150.6 A 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.
150.7 Organisations, 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.
ASA Judicial Regulation 151. Sequence of steps to deal with a dispute
151.1 The parties shall use any reasonable means to settle the issues between them informally and amicably.
151.2 If 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.
151.3 If 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.
151.3.1 The 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.
151.3.2 The 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.
ASA Judicial Regulation 152. Procedure before a hearing
152.1 The panel members shall appoint one of their numbers 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.
152.2 The 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.
ASA Judicial Regulation 153. Procedure at a hearing
153.1 The 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.
153.2 The 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.
153.3 Witnesses 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
153.4 The 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.
ASA Judicial Regulation 154. Procedure after a hearing
154.1 The 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.
154.2 Notwithstanding 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.
ASA Judicial Regulation 155. Considerations regarding children
155.1 Any 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.
155.2 The Chairman shall give due consideration to any child attending a hearing as a party to a dispute or to give evidence and in particular:
155.2.1 No 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.
155.2.2 A 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.
155.2.3 If 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.
155.3 During 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.
155.4 After 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.