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THE CONSTITUTION AND RULES
(1) The name of the Club shall be:
“MARLINS SWIM CLUB”
(Hereinafter referred to as the Club)
(2) The Objects for which the Club is formed are:
To promote and encourage the sports of amateur synchronized swimming, water polo and diving in accordance with the Rules, Laws and Regulations of the International Swimming Federation (FINA) and as modified or extended by the rules of the Amateur Swimming Association of Trinidad & Tobago.
To promote the principles of Life Saving and safety in water.
To do all such lawful things as are incidental or the club may think conducive to the above objects or any of them.
(3) The Officers of the Club shall be a President a Vice President, an Hon. Secretary, an Hon. Treasurer, an Hon. Assistant Secretary and an Hon. Assistant Treasurer. An officer shall hold office until the next Annual General Meeting and the appointment of a successor. All officers are eligible for re-election. The candidates for these offices shall be proposed and seconded as in Rule 5, and shall be elected by secret ballot at each Annual General Meeting.
(4) The affairs of the Club shall be vested in a Management Committee (hereinafter referred to as the Committee) of Ten (10) Ordinary or Life Members in good standing, consisting of the President, Vice President, Hon. Secretary, Hon. Treasurer, Hon. Assistant Secretary, Hon. Assistant Treasurer, three other members who shall be elected annually by secret ballot ax the Annual General Meeting of the Club and the chief coach.
(5) Each candidate for election as a member or the Committee, with the exception of the Chief Coach, shall be proposed in writing by one member and seconded by another. The names of such candidates, their Proposers and Seconders, shall be handed to the Hon. Secretary at least two (2) days before the Annual General Meeting. The. Chief Coach shall be appointed by the Officers of the Club who shall also have the power to revoke such appointment.
(6) Meetings of the Committee which are to be held at least once quarterly may be commenced by any Officer. Any five members of the Committee shall constitute a quorum. If votes are equal, the Chairman of the meeting shall have a second or casting vote.
(7) The Committee shall manage the affairs of the Club in accordance with their interpretation of the rules and shall define the duties of the Hon. Secretary who shall, in all respects, be subject to the control of the Committee. The Committee may also employ such persons as may be necessary for the satisfactory operation of the Club.
(8) In addition to the preparation of the Annual Report and the convening of meetings the Hon. Secretary shall cause to be kept such register of members, minutes of proceedings of the Committees and of the General Meetings, records of the Club’s Swim Meetings and other records of the Club and conduct all correspondence of the Club as the Committee shall direct and shall refer to the Committee for instructions on all matters other than routine business of the Club.
(9) The Committee may, from time to tune, make after and repeal bye laws regulating the Club, which shall be notified to the members within fourteen days. Such bye laws shall provide they are not inconsistent with the rules of the Club for the time being, be binding on all members and be construed as part of the Club’s Rules until they are set aside.
(10) The Committee shall have the power to fill any vacancies which may arise, provided however, that if the Committee cannot form a quorum, the members of the Club in a Special General Meeting shall fill the vacancies.
(11.A) The Conmittee shalt have the power to borrow such sums as may be required from tine to time in furtherance of the objects of the Club, limited to a maximum of One Hundred Thousand Dollars ($100,000).
(11.B) The Hon. Treasurer shall cause to be kept such books of account and other records of the financial position of the Club as the Committee shall direct and shall deposit in a Bank approved by the Committee, all funds of the Club to an account in the name of “Marlins Swim Club”. The Hon. Treasurer and/or the Hon. Assistant Treasurer and any other member of the Committee shall be the signatories to the said account provided that any two of the above signatories shall be sufficient authority to effect any withdrawals authorized by the Committee. The Hon. Treasurer shall be responsible to the Committee and to the members in General Meetings for the Club’s funds.
(12) The Fiscal Year of the club shall be 1st January to 31st December. The Books and Accounts of the club shall be audited and certified annually or at such shorter periods as the Committee may decide.
(13) The Committee shall have the power to expend the clubs funds on prior approval and minuting of the expenditure and in accordance with the Constitution and Rules of the Club. They may, however, give authority to the Hon Treasurer to meet any item of expenditure not exceeding a figure which they nay determine from time to time
(1) The Committee shall nominate and appoint three persons as Trustees of the real property and chattels real of the Club. The trustees shall remain in office until death or resignation or until removed by a majority of two-thirds of those voting at a Special General Meeting Called for the purpose.
(2) All the real property and chattels real of the club shall be vested in the trustees duly appointed as aforesaid.
(3) The trustees shall have power under the directions of the Committee to deal with or dispose of the real property and chattels real of the club, and to enter into appropriate contacts in their behalf, provided that all such directions of the Committee shall be communicated to the trustees in writing signed by the President and at least one other member of the Committee.
(4) The trustees shall duly obey the directions of the Committee provided that all acts done by them in pursuance of any such directions shall be indemnified by the members of the Club.
The club shall consist of the following classes of members:
(a) Ordinary Member
(b) Honorary Life Members
(c) Paid-Up Life Member
(d) Junior Swimmer Member
(e) Learner Swimmer Member
(f) Honorary Member
(16) All applications for membership shall be made on the prescribed form and the application shall be proposed and seconded by a member of the club. The Entrance Fee and the monthly subscription should accompany the proposal form.
(17) The application forms shall be presented at the first meeting of the Committee after receipt of the application and acceptance shall be determined by a two-thirds majority vote of the members of the Committee present
(18) Every member shall be written advising of acceptance, and shall be furnished with a copy of the Rules. The new member shall be entitled to all the benefits and privileges of membership and be bound by the Constitution and Rules of the club.
(a) The Entrance Fee to membership shall be as set by the Committee from time to time.
(b) The subscriptions shall be set by the Committee from time to time.
(c) All annual or monthly subscriptions shall become due and payable in advance on the first day of the year or month accordingly.
(d) The Committee is entitled to waive the subscription of any member for a period of one year and for additional periods subject to subsequent annual approval.
(e) In the event of any member leaving the country for a period of more than two months, the member shall notify the Secretary to the effect and payment of monthly subscriptions shall be waived for every complete month during which the member is absent from the country.
(f) Any ordinary Swimming Member of Junior Swimming or Learner Swimmer who shall in writing notify the Secretary in advance that – such member will not be utilizing the swimming facilities of the Club, shall pay a fee prescribed by the Committee for each complete month of absence from swimming in lieu of the prescribed monthly subscription.
(20) If any member shall fail to pay monies due to the club, whether for monthly subscriptions or otherwise, for three months after such monies shall have become due, notice of default shall be sent by the Secretary and unless all such monies be paid within one month from the daze or such notice, the member’s name may by resolution of the Committee be removed from the Register of members. These dues shall nevertheless still be due to the club for the whole period of this membership. After such outstanding debts have been fully liquidated, the member may be restored to membership on approval of the Committee.
(21) A member may retire from membership at any time by giving the Hon. Secretary notice thereof in writing. Any member retiring without having pad subscription for the then current month, shall be liable for same.
(22) Every member shall advise the Hon. Secretary or their address or any change thereof, and all notices required by these Rules to be sent or given to members shall be deemed to have been duly sent or given, if sent to such address.
(23) Members shall be responsible for any property owned or used by the club which they may take away, injure, damage, lose or destroy, and such amount due by the law of liquidation shall be assessed by the Committee and charged to the offending member who may, in the discretion or the Committee, be then dealt with under Rule 24 hereof.
(24) The Committee shall have the power after due enquiry to expel or to suspend for any period not exceeding 12 months, any member who has in the opinion of the Committee been guilty of misconduct injurious to the character or interest of the Club.
(25) All members of the club shall be equally responsible for the liabilities of the club as between themselves; and the property of the club, subject to such liabilities, shall belong to the members for the time being.
(26.A) If any member becomes a member of any other club affiliated to the Amateur Swimming Association of Trinidad and Tobago the Committee may call upon such member to resign or cease his membership of the other club, and if such member fails within two months after such notice to resign or to provide the Committee with evidence of his having ceased membership of the other club, the Committee shall have the power to terminate his membership of the Club.
(26.B) No member shall by reason of his being a member, have any transmissible or assignable interest whatsoever in the property of the club. On any member ceasing to be such by death, resignation or otherwise, his interest in the Club shall survive, accrue and belong to the other members for the time being.
The Annual General Meeting shall be held not later than the last day of June of each year and the Agenda at such meeting shall be :
(1) Confirmation of Minutes
(2) Matters arising out of the Minutes
(3) Presidents report
(4) Coach’s Report
(5) Treasurer’s Report and adoption of the Audited Financial Statement
(6) Election of Officers for new term
(7) Appointment of an Auditor for the ensuing year
(8) General Business, of which notice shall have been given to the Hon. Secretary at least fourteen (14) days before the date fixed for the Annual General Meeting
A Notice of the proposed date of the Annual General Meeting shall be sent to the members at least seven (7) days before that date.
(28) The committee may, at any time, and shall within thirty days, on the requisition or any 12 members stating the business for which it is required, convene an Extraordinary General Meeting for any specific Purpose.
(29) The Hon. secretary shall, at least seven (7) days before any Extraordinary General Meeting send to every member at his address in the Club’s books, a Notice of such meeting starting the time and place of the business meeting and the business that wall be brought before it. No business, other than business of a formal nature shall be brought forward at any meeting unless notice thereof shall have been duly given as herein provided.
(30) At all General Meetings, the chair shall be taken by the President and in his absence the Vice President, and if the latter be also absent, by some member chosen by the meeting. Every question (unless otherwise expressly provided by these Rules) shall be decided by a majority of votes. Each member shall have one vote, and in the case of equality of votes. the chairman shall have a second or casting vote. The quorum at the Annual General Meeting shall be twenty-five percent or twenty-five members, whichever is the lesser of the membership eligible to vote at such meetings.
(31) Any member wishing to propose any alteration, or addition to the Rules of the Club, shall give notice thereof in writing to the Hon. Secretary stating the particulars of the change that he proposes.
(32) The Rules of the Club may be repealed or altered or added to, at a General Meeting either on notice or motion by a member or on a recommendation by the Committee provided that the proposed repeal, alteration or addition has been sent out in full in a notice forwarded to members fourteen (14) clear days before such meeting.
(33) No motion determined at a General Meeting of the club shall be reconsidered under six (6) months and shall only be rescinded by a majority of two-thirds of the members present.
(34) If, at any General Meeting, a Resolution for the dissolution of the club shall be passed by a majority of the members present, and such Resolution shall, at a special General Meeting held not leas than one month thereafter at which not less than one-half of the members shall be present, be confined by a Resolution passed by majority of two-thirds of the members voting thereon, the Committee shall thereupon or at such future date as shall be specified in such Resolution proceed to realize the property of the Club, and after the discharge of all liabilities the balance if any, shall be donated to the Swimming Association of Trinidad and Tobago or any other charity as decided by the Committee and upon completion or such donation, the club shall be deemed to be dissolved.