Templeogue Swim Club

Constitution

1.Name and Headquarters

1.1.The Club shall be called Templeogue Swim Club (also using the abbreviation TEAM TSC), hereafter referred to as “the Club”.

1.2. The Headquarters of the Club shall be c/o Templeogue College Swimming Pool,

Templeville Road, Dublin 6W.

2.Objects

2.1The objects of the Club are to:

a. provide a positive and safe environment which is swimmer-centred and promotesa holistic and enjoyable approach to the development of swimmers;

b. provide a pathway for those young people who have learned to swim to improve their fitness,and to develop the relevant skills on all strokes;

c. introduce young swimmersto competitive swimming, initially at the appropriate graded level and, if they have the interest, commitment and skills, then gradually to higher levels of the sport;

d.encourage the enhancement of the skills of the Club’s coachesby supporting their training pathwaysin order to progressively improve the technical assistance they provide to swimmers.

2.2The Club is fully committed to safeguarding the well-being of its members and, in particular, to upholding best practice in the protection of children in accordance with the Code of Ethics and Good Practice for Children’s Sport, published by the Irish Sports Council and the Sports Council for Northern Ireland, and Swim Ireland’s “Guidelines for Safeguarding Children”, or the most up to date equivalents.

2.3Every individual in the Club should, at all times, show respect and understanding for their rights, safety and welfare and those of others, and conduct themselves in a way that reflects the rules of the Club and the principles set out in this Constitution.

3.Membership

3.1The Club shall be comprised of its members, defined as follows:

Competitor – Members who are registered to participate in competitive events.

Non-Competitor – This category includes, but is not limited to, members who wish to train but not compete, as well as coaches, administrators, Team Managers, and Club Children’s Officers.

3.2Membership of the Club shall be by payment of an annual fee and the completion of such forms as are required by the Club and/or Swim Ireland, and as are necessary for the maintenance of club records. Application for membership in respect of persons under 18 years of age must be made on their behalf by a parent/guardian.

3.3Non-Competitor Members shall not be required to pay a membership fee. Where Swim Ireland requires such a person to be a member of Swim Ireland or otherwise pay a fee due to their role in the Club (e.g. Officer, Children’s Officer), the Club shall pay the fee on their behalf, for the duration of their office.

3.4Membership of the Club includes membership of Swim Ireland. By virtue of the affiliation of the Club to Swim Ireland, its members acknowledge that they are subject to the laws, rules and constitutions of:

i)Swim Ireland,

ii)Ligue Européenne de Natation (LEN), the European governing body for aquatics,

iii)Fédération Internationale de Natation (FINA), the world governing body for aquatics.

3.5The Club Management Committee reserves the right to accept or reject applications for membership of the club. All existing members must re-apply every year. Membership is only valid where a subscription fee has been paid in full or in a manner agreed by the Club Management Committee.

3.6TheClub may terminate or suspend the membership of any personowing, but not limited to, violation of the Club constitution and/or rules, criminal behaviour, or any activity deemed by the Management Committee to be inconsistent with the ethos of the Club. All membership terminations and suspensions will be reported to Swim Ireland, and can also be appealed to Swim Ireland.

3.7Suspension or termination of an individual’s membership to Swim Ireland can only be done by Swim Ireland in accordance with that organisation’s procedures. In the event of membership being refused or withdrawn by Swim Ireland, no such person may remain a member of the Club.

3.8If an application is refused, or membership withdrawn, the applicant will be notified by the Management Committee in writing as to the reasons for the refusal or withdrawal of membership.

3.9The Club Constitution, Swim Ireland Rules and Guidelines, and Club rules will be made available to all members. They will be applicable to all members and to parents/guardians representing members under 18 years of age.

4.Annual Subscriptions

4.1Club fees will be determined by the Management Committee on an annual basis.

4.2If a member is deceased, their Legal Personal Representative shall not be liable for the payment of any outstanding subscriptions.

5.Resignations and Transfers

5.1A member who wishes to resign from the Club must inform the Secretary. No refund of subscription monies will be paid upon resignation from the Club, save in exceptional circumstances and with the agreement of the officers of the Club. If this person wishes to renew membership at a later stage, they must re-apply in the normal way.

5.2In the case of the transfer of a swimmer into the Club, a Letter of Release must be received from theprevious club, stating that no debts are outstanding.

5.3In the case of transfer from the Club, members must obtain a Letter of Release from the Secretary. Such a letter will only be issuedwhere any debtsowing to the Club have been paid.

6. Club ManagementCommittee

6.1A Management Committee shall be elected by the members to manage the business and affairs of the Club.

6.2The Management Committee shall comprise:

-the Club Chairperson,

-the Club Secretary,

-the Club Treasurer,

and at least four other members, representative of the body of the Club’s members.

6.3The Chairperson, Secretary and Treasurer shall be regarded as officers of the Club. It would be advisable for an officer to have spent some time on the Management Committee as an ordinary member in advance of taking up position as an officer. An outline of the duties of the officers is contained at Appendix 1.

6.4Other members of the Management Committee may be assigned tasks or projects associated with the affairs or objectives of the Club (e.g. fund raising, social activities, etc.).

6.5The Committee may appoint a Vice Chairperson from within their number to act, where appropriate, in the absence of the Chairperson.

6.6The Management Committee may be assisted by such Sub-Committees as are considered necessary and appropriate to be established from time to time to progress the objectives of the Committee and the Club. The Sub-Committees may include Club members or their representatives, other than members of the Management Committee.

6.7The Management Committee may remove a Committee member or an office holder of his/her title, duties and membership of the relevant Committee in the event that the Management Committee deems the person to be unsuitable to continue to perform his/her duties. Such a person may continue to be a member of the Club, subject to the conditions of membership as set out in Section 3 above.

6.8The Management Committee shall be appointed on an annual basis by the Club members at the Annual General Meeting (AGM). A member of the Management Committee may only stand for election to an officer position for four consecutive years. After this period, eligibility for re-election as an officer is revoked for a period of twelve months.

6.9Anyone wishing to stand for election should send their nominations to the Club Secretary at least 14 days prior to the AGM and a full list of nominees shall be forwarded to all members 7 days prior to the AGM. In the event that no nominations are received by the Secretary within the stipulated time, nominations may be accepted at the AGM with the agreement of the meeting.

7.Role of the Management Committee

7.1The Management Committee shall be empowered to introduce rules, as the need arises, for the general regulation of the Club. No rule shall be inconsistent with anything contained in this Constitution. The Management Committee will ensure that the Club’s rulesare available to all members.

7.2The Management Committee shall be responsible for overseeing the orderly management of the financial affairs of the Club and shall report to the AGM in relation to these matters.

7.3The members of the Management Committee, where they act in good faith in the interest of the Club, shall not be liable for any loss or damage incurred by the Club.

7.4Committee members must declare any personal or business interest which may conflict with their duties as a member of the Management Committeeand they may be required to absent themselves from discussions and decisions where such conflict arises.

7.5The Management Committee will be expected to follow codes of conduct in relation to their obligations to the Club’s members. These include, but are not limited to, confidentiality, objectivity, loyalty, fairness and a constant awareness of their obligations to the Club and its members. The Committee will familiarise itself with the ‘Code of Ethics and Good Practice for Children’s Sport’ and fulfil the duties required in the Code of Conduct for Club Committees section of the ‘Swim Ireland Guidelines for Safeguarding Children 2010’. The Committee will also adhere to any updated versions of these policy documents which are issued in the future.

7.6Committee members, Team Managers and other members carrying out functions on behalf of the Club shall be required to undergo Garda vetting and other child safeguarding procedures as may be specified by Swim Ireland from time to time.

7.7Any Committee member, Team Manager or other member carrying out functions on behalf of the Club against whom an allegation of child abuse or other misconduct is made, shall step down pending the outcome of an investigation by the relevant authorities. If the person refuses to step down, they shall be suspended (without prejudice) by the Management Committee until the matter is resolved.

8.Club Finances

8.1The financial affairs of the Club shall be the responsibility of the Management Committee in general, and the Treasurer in particular,. Correct accounts and book keeping shall be maintained by the Treasurer or under his/her supervision.

8.2Annual Accounts of the Club shall be prepared for the Annual General Meeting by the Treasurer.

8.3The Management Committee shall be empowered to open bank account(s) in the name of the Club. The Treasurer will receive all monies paid to the Club and ensure that all such sums are lodged to the Club’s bank account(s) as soon as possible.

8.4Any assets invested in by the Management Committee will be used for club purposes only.

8.5The Committee will have the power to negotiate sponsorship on the Club’s behalf and engage from time to time in fundraising activities. Any financial returns from these activities will be used for club development purposes only.

9.Meetings of the Management Committee

9.1The Management Committee shall meet at least 4 times per year.There shall be a minimum of 4 members of the Committee present for a meeting to proceed.

9.2A minimum of 5 days’ notice of meetings will be given to members of the Management Committee, save in exceptional circumstances. A draft agenda for each meeting will be agreed by the Chair and circulated in advance.

9.3The Committee shall endeavour to reach decisions by consensus. In the event that a vote is taken on a matter, a decision shall be determined by a simple majority of the members present. In the event of a tied vote, the Chairperson shall havea casting vote on that matter.

9.4The Chairperson’s decision on a Point of Order is final.

9.5As a general rule, the Chairperson shall preside at all meetings. In the event of the Chairperson being absent, the Vice Chairperson or another member of the Committee present shall act as Chairperson for the duration of that meeting.

9.6Minutes shall be taken of each meeting andshall be held by the Secretary.

9.7The Club Children’s Officer and Head Coach will be given an opportunity to report to the Management Committee on a regular basis and advise the Committee on relevant issues.

9.8Any person in attendance at a meeting of the Management Committee must declare any conflict of interest in relation to a matter for discussion and may be required to absent themselves from discussions and decisions on a matter where such conflict arises.

10.Club Children’s Officer

10.1The Club shall have a least one Club Children’s Officer (CCO), and preferably more than one with a balance of male and female representation.

10.2The CCO(s) shall be appointed by the Management Committee.

10.3 The CCO(s) shall have, as a primary aim, the establishment of a child-centred ethos within the Club and shall be the link between the children and adults in the Club on matters of child welfare.

10.4 The CCO(s) shall undergo appropriate training and hold an up-to-date certificate of Child Protection from the Irish Sports Councilor the Sports Council for Northern Ireland, and shall be familiar with the Code of Ethics and Child Welfare Guidelines of Swim Ireland.

10.5 The CCO(s) shall not be members of the Management Committee, but will act in an advisory capacity towards it. The CCO(s) must attend a minimum of 50% of Committee meetings a year to report and update the Committee regarding child welfare matters. They can attend all meetings if they wish, to bring any relevant issues to the attention of the Committee.

10.6The CCO(s) shall maintain a record of anyincidents impacting on child welfare in the Club. These records will be maintained in confidence and will only be discussed with the Designated Person, Club Chairperson and/or the Head Coach if the CCO is of the opinion that a matter needs to be brought to the attention of one or more of those parties in the interests of child welfare in the Club. Records relating to any individual incident will be destroyed after an appropriate time period in accordance with Swim Ireland and/or Management Committee guidelines.

10.7 The Management Committee may remove a CCO who they deem to be unsuitable to continue to perform the duties of the position.

11.Designated Person

11.1 The Management Committee shall appoint a Designated Person to report any allegation of child abuse to the statutory authorities. The Designated Person shall be a member of the Management Committee. Any concerns or disclosures relating to child abuse shall be reported to the Designated Person.

11.2The Designated Person shall hold an up-to-date certificate of Child Protection from the Irish Sports Council or the Sports Council for Northern Ireland, and be familiar with the Code of Ethics and Child Welfare Guidelines of Swim Ireland.

11.3Any other allegation of a criminal offence within the Club by any person associated with the Club will be reported to the appropriate authorities by the Designated Person.

12. Coaches

12.1The Club shall engage a Head Coach and such other coaches as may be appropriate to provide instruction to the members of the Club.

12.2All coaches shall have written contracts which outline their terms of engagement, as well as their duties, functions and responsibilities.

12.3All coaching staff will undergo Garda vetting in accordance with Swim Ireland guidelines and procedures. If the applicant is from a jurisdiction outside Ireland, enquiries will be made to the relevant statutory bodies via Swim Ireland.

12.4All Coaches must be affiliated to Swim Ireland, must be familiar with and comply with Swim Ireland regulations and must possess the appropriate qualifications for their coaching position within the Club.

12.5All coaching duties are the ultimate responsibility of the Head Coach. These duties include:

  1. Training content
  2. Training schedule
  3. Team selection
  4. Organising competitive swimmers into respective groups according to their ability
  5. Reporting to and acting as liaison with Swim Ireland on coaching matters.

12.6The Head Coach shall be accountable to the Management Committee but shall not be a member of that Committee. The Head Coach shall attend a minimum of 50% of the Committee’s meetings per year to report on coaching developments and matters within and affecting the Club.

12.7Any coach against whom an allegation of child abuse or other misconduct is made shall step down pending the outcome of an investigation by the relevant authorities. If the person refuses to step down, they shall be suspended (without prejudice) by the Management Committee until the matter is resolved.

13.Annual General Meeting (AGM)

13.1The AGM of the Club shall be held before the end of November each year. Members shall be advised of the date and venue at least 21 days in advance.

13.2Nominations for officer positions and notice of Motions for discussion must be received by the Secretary no less than 14 days prior to the AGM.

13.3An agenda and names of candidates seeking election to the Management Committee, and any Motions/Resolutions for discussion, shall be sent to all members or their representatives no less than 7 days prior to the AGM.

13.4No business shall be transacted at a General Meeting unless a quorum of 25% of the eligible voting members is present. If this quorum is not fulfilled, the General Meeting can be suspended for exactly one week. If a quorum is not present at the re-convened time and date, the meeting shall proceed with the members so present.

13.5In the case of members under 18 years of age, a parent or a guardian may act on their behalf. However the person so acting must be declared on the sign-in sheet before the start of the AGM.

13.6The meeting shall be presented with a Chairman’s Report, Secretary’s Report, Treasurer’s Report, Coaches’ Report and a report from the CCO(s).

13.7A proposer and seconder shall be required for all Nominations and Motions.

13.8Motions without due notice will not be discussed.

13.9Voting will be conducted by a show of hands, which will be counted by the Secretary. The Committee may, however, recommend that a vote should be held in a secret ballot format owing to the context or content of the matter to be voted on.

13.10Parents shall hold one vote on behalf of their child/children within the Club(that is one vote only and not one vote per child). Only one parent may exercise this vote and this must be so agreed between the parents. Parents who are Club members in their own right may vote with this right for themselves and also cast one vote on behalf of their child/children.

13.11No voting by proxy is allowed.

13.12Any Motion which is put to a vote will be passed by simple majority, save for a Resolution for a change to the Club Constitution, which must be passed by 75% of persons present at the meeting entitled to vote.

13.13The Chairperson will have a casting vote if there is an equality of votes.