Constitution

ABOUT

THE BARBADOS AQUATIC SPORTS ASSOCIATION

FOUNDED 1947
RENAMED 2018
CONSTITUTION OF

THE BARBADOS AQUATIC SPORTS ASSOCIATION

ARTICLE I

NAME The name of the Association shall be THE BARBADOS AQUATIC SPORTS ASSOCIATION hereinafter referred to as “the Association”) and was formerly referred to as the Barbados Amateur Swimming Association and shall to all intents be the successor of the Barbados Amateur Swimming Association. 

ARTICLE II

HEADQUARTERS The Headquarters of the Association shall be situate at Wildey Sports Complex, Wildey in the parish of Christ Church or at such other place in Barbados as may be decided by a resolution passed by two thirds majority of those present and entitled to vote at the General Meeting of the Association of which not less than seven (7) days’ notice in writing shall have been given to all member Clubs and Council Members of the Association.

ARTICLE III

DISCRIMINATION The Association shall not allow any discrimination against member Clubs or individuals (competitors, officials, judges, delegates and spectators) on the grounds of race, sex or gender, religion or political affiliations. 

ARTICLE IV

AIMS AND OBJECTIVES The objectives of the Association shall be:- 

  1. To promote foster develop and administer Swimming, Diving, Water Polo, Artistic Swimming , Masters Swimming and Open Water Swimming in Barbados and regionally and internationally for and on behalf of Barbados. 
  2. To promote and control and regulate competitions and championships for Swimming, Diving, Water Polo, Artistic Swimming , Masters Swimming and Open Water Swimming in Barbados. 
  3. To provide drug free aquatic sports and operate at all times with compliance with the WADO Rules and Regulations.
  4. To maintain relationships with other Associations in the Caribbean and internationally. 
  5. To arrange tours to other countries and to act as host to visiting teams. 
  6. To adopt, enforce and interpret the rules governing the sports of Swimming, Diving, Water Polo, Artistic Swimming, Masters Swimming and Open Water Swimming generally.
  7. To affiliate and to prosecute the aims and objectives of the International Amateur Swimming Federation (FINA) and its Affiliates.
  8. To borrow money to carry out its objectives and to give security for its indebtedness.
  9. To accept any gift, property, chattels, sporting equipment and materials, legacy or device for the furtherance of its objectives. 
  10. To purchase take on lease acquire hold and dispose of such real or personal property as may be necessary for its objective. 
  11. To do all or any of the things specified above and all such other things as may be deemed incidental or conducive to the attainment of the above objectives or any of them and either alone or in conjunction with others.

ARTICLE V

MEMBERSHIP

  1. The Membership of the Association shall consist of Member Clubs and Honorary Life Vice-Presidents.
    1. A MEMBER CLUB shall be any Club in Barbados which is active in either one or more of the sports of Swimming, Diving, Water Polo, Artistic Swimming, Masters Swimming and Open Water Swimming recognized by the Association and shall include any school college or university in Barbados. All new Clubs shall have a minimum of twenty (20) members. 
    2. Member Clubs shall register all individual members of their respective Clubs with the Association and shall supply the Secretary of the Association with details and particulars of names and addresses of such Members. 
  2. HONORARY LIFE VICE-PRESIDENTS – The Association may in consideration of meritorious services to the Association elect by simple majority vote past or present officers or representatives as Honorary Life Vice-Presidents of the Association who shall not at any time exceed five (5) in number; provided always that such elected persons shall have been first recommended by the Council.

    Such members shall have the right to speak but not the right to vote at meetings of the Council and the Association.
  3. The Constitution and Rules of the Member Clubs shall not be in conflict, with those of the Association. Where there is conflict the Association’s Rules shall prevail. 
  4. Each Member Club shall acknowledge in its Rules that the Association is the only recognized body in Barbados which governs Swimming, Diving, Water Polo, Artistic Swimming, Masters Swimming and Open Water Swimming locally. 

 

ARTICLE VI

APPLICATION FOR MEMBERSHIP

  1. Application by a Member Club for Membership to the Association shall be made on a form prescribed by the Association accompanied by the appropriate application fee. 
  2. All applications shall be accompanied by a copy of the Constitution of the Club, Rules of the Club and the appropriate application fee. Club applicants shall be elected to or refused membership of the Association at a meeting of the Council by a simple majority. 
  3. All subsequent updates or changes to the Constitution must be submitted to the Barbados Aquatic Sports Association within one (1) month of the Annual General Meeting of the Member Club.

ARTICLE VII 

SUBSCRIPTIONS & ENTRANCE FEE

    1. A Member Club shall pay an entrance fee of $100.00 in addition to an annual subscription to be determined annually at Council.
    2. Schools shall pay an annual subscription only. 
  1. Annual subscriptions shall become due and payable on the 1st day of January in each and every year. 

ARTICLE VIII

ARREARS / TERMINATION OF MEMBERSHIP

  1. Where the subscriptions of a member are in arrears for more than three (3) months, the Secretary of the Association shall notify that member of its arrears and consequent penalty. If the arrears remain unpaid for one (1) month after such notification, the Council may cancel the membership of the defaulting member, The Secretary shall then inform the defaulting member and other members of the cancellation of the membership.
  2. Any former member whose membership was cancelled in accordance with Article VIII (a) shall be eligible for renewal of its membership consequent upon settlement of the arrears. The Council shall make the final decision on renewal of membership. In case where membership is renewed the Secretary shall inform all other members within twenty (21) days of the renewal. 
  3. Any affiliation to the Association ends:-
    1. If the Member Club no longer exists; 
    2. If the Member Club withdraws its affiliation, or if
    3. The member is expelled.
    4. Any Member Club who wants to withdraw its affiliation from the Association shall give written notice to the Secretary. The affiliation ends immediately. No refunds of fees will be made consequent upon withdrawal of affiliation.
    5. The Association shall have the power to expel a Member Club for significant violations of the Constitution and or Rules of the Association. The respective Member Club shall be allowed to appeal this decision. In this case the final decision will be made at the next Annual General Meeting. 

ARTICLE IX

REPRESENTATION

Each Member Club shall annually appoint two (2) of its members as representatives to all General Meetings of the Association. Such representatives shall have one (1) vote each at all meetings. 

ARTICLE X

OFFICERS

    1. The Officers of the Association shall be elected from among the representatives of the Member Clubs and Council Members and shall be:- 
      1. President, who shall be Chairperson of all meetings and as such shall have an original and a casting vote, in the event of a tie in voting, and who shall have authority on all matters of the order and procedure at meetings of the Association. 
      2. First Vice President shall perform the duties of President during the absence of the President. 
      3. Second Vice President, shall perform the duties of President during the absence of the President and First Vice President. In the absence of the President First Vice President and Second Vice President, a Chairman shall be elected from among the members present. 
      4. Secretary.  It shall be the duty of the Secretary to keep a correct record of all meetings of the Council, give notice of all meetings of Council in the manner prescribed by the Constitution and shall perform such other duties as may be directed to be performed by resolution of the Council not inconsistent with the Laws of Barbados and this Constitution. 
      5. Treasurer.  It shall be the duty of the Treasurer to:
        1. report on the financial affairs and all monies belonging to the Association;
        2. be responsible to the Council and General Body of the Association for the presentation of the Financial Statements; 
        3. sign cheques and other negotiable instruments on behalf of the Association with the President or with the First Vice President or Second Vice President or the Secretary;
        4. prepare in consultation with the President and to submit a budget to Council by November 30 for the ensuing year;
        5. make available for inspection the financial books of the Association as required by the Laws of Barbados and to submit for audit when required the accounting books and vouchers of the Association and to present the statement of financial affairs or audited accounts as the case may be to the meeting of the Council next following upon completion of the related audit.

ARTICLE XI

LENGTH OF OFFICE

      1. Officers shall be elected at the Annual General Meeting of the Association and shall hold office for two (2) years or until their successors have been elected. All officers shall be eligible for re-election. 
      2. Unless otherwise determined by the Constitution or the by-laws or any resolution of the Council and unless an Officer’s tenure is sooner determined, an officer shall hold office from the close of the Annual General Meeting for the date on which he/she is elected or appointed until the close of the second Annual General meeting of the Association next following or until his/her successor is elected or appointed, which ever shall first occur. 

ARTICLE XII

COUNCIL

    1. The Council of the Association shall be duly constituted as follows:- 
      1. The Officers of the Association as hereinbefore provided. 
      2. One (1) representative from each of the Member Clubs. 
      3. The Honorary Life Vice-Presidents, without vote. 
      4. The Immediate Past President, without vote. 
      5. The FINA Bureau Member, if any.Immediate Past President. The Immediate Past President shall also be included in the Council provided that the holder of that office has not been removed from office during his/her tenure. 
    2. Seven (7) days’ notice of any Meeting of Council shall be given by the Secretary provided that in cases of emergency, the President shall at any time summon a meeting on giving forty-eight (48) hours’ notice thereof. 
    3. The Council shall meet at least once in every month and at such other times as shall be determined by the President. 
    4. Should any vacancy occur among the officers of the Association due to death resignation or absence from four (4) consecutive meetings without justification of any member of the Council such vacancy shall be filled by the Council from among the representatives. Any member appointed by the Council shall hold office until the next following Annual General Meeting of the Association. 
    5. At all meetings of the Council forty percent (40%) of its members (excluding the Honorary Life Vice-Presidents and Immediate Past Presidents) and of whom not less than three (3) shall be officers shall form A QUORUM. 

ARTICLE XIII

POWERS OF THE COUNCIL

  1. The Council shall have and exercise the following powers, authorities functions obligations: 
    1. To promote, regulate, organise and manage all competitions which may be held by the Association from time to time. 
    2. To manage the affairs and business of the Association. 

ARTICLE XIV

SANCTIONS

  1. To prohibit any act or practice by Member Clubs which in the opinion of the Council is detrimental to the interest of aquatic sports and which violate the Rules of the Constitution and to deal with any Member Club disregarding such prohibition, in such manner as the Council may think proper in accordance with the Constitution. 
  2. To impose penalties on member Clubs for any infringement of the laws of sport or of the Rules and Regulations of FINA and the Association. 
  3. To take such disciplinary action as it may deem necessary in cases of misconduct or any other undesirable behaviour of any Member Club at any competition or tournament as may be held by the Association or at which the Association is represented. 
  4. To decide all doubtful and disputed points in connection with aquatic sports and the Laws of Barbados thereof and the Rules and Regulations of FINA and the Association. 
  5. To consider and deal with any matters pertaining to applications for affiliation and membership that may be referred to the Council and to decide on all questions as to the right of representation at General Meetings of any Member Clubs and Council Members to attend such General Meetings. 
  6. To employ, with power to dismiss, any person to perform such duties and functions and for such remuneration as the Council might deem fit. 
  7. To borrow money and to arrange for the repayment thereof. 
  8. To delegate all or any of its powers to its duly appointed Committees. 
  9. To do all such things in the interest of the aquatic sports as the Association as it may deem expedient. 

ARTICLE XV

GENERAL MEETINGS RESOLUTIONS

  1. The Annual General Meeting of the Association shall be held on or before the last day of June of each year at such place as the Association may appoint. The Association’s year shall run from the first day of January to the 31st day of December. 
  2. The business of the Annual General Meeting shall be conducted in the following manner:- 
    1. Reading of the Notice convening the Annual General Meeting. 
    2. Roll call and accreditation. 
    3. Reading and confirmation of the minutes of the previous Annual General Meeting. 
    4. Presentation of statements of the financial affairs of the Association for the year ended which shall be presented as audited financial statements in the event that the revenue exceeds BDS $4,000,000.00 in the year ended.
    5. Presentation of report on the activities of the Association for the year. 
    6. Election of Officers in accordance with the provisions of Article X hereof. 
    7. Appointment of an Auditor. 
    8. Appointment of Bankers. 
    9. Resolutions. 
    10. Fixing the subscription for the ensuing year. 
    11. General Business. 

    Fourteen (14) days’ notice in writing of the Annual General Meeting shall be given to all Member Clubs, Council and other Members. 

ARTICLE XVI

RESOLUTIONS

  1. Any Member Club may present a resolution for consideration at an Annual General Meeting, as long as notice by way of a copy of such resolution is sent to the secretary at least one (1) month prior to the Annual General Meeting and is duly signed by the Secretary of the Club. 
  2. Any Council Member may present a resolution for consideration at an Annual General Meeting as long as notice by way of a copy of such resolution is sent to the Secretary at least one (1) month prior to the Annual General meeting. 

ARTICLE XVII

EXTRAORDINARY GENERAL MEETING

  1. An Extraordinary General Meeting of the Association may except in accordance with the provisions of Article XVII hereof be convened on not less than seven (7) days’ notice in writing at the instance of the Council or on the requisition of not less than 25% of the Member Clubs in good standing with the Association who in such requisition given to the Secretary shall set out the purpose of the Meeting. Such requisition shall be summoned by the Secretary within seven (7) days of the receipt by the Secretary of such requisition. 
  2. The Notice of an Extraordinary General Meeting shall be given to all Member Clubs and Council Members and shall therein state the purpose for which the meeting is called and only the specific matter for which such meeting has been summoned shall be dealt with and considered. 

ARTICLE XVIII

QUORUM

  1. A quorum at all General Meetings shall be not less than fifty percent (50%) of the Executive of the Association and not less than fifty-one (51%) of the representatives. 
  2. If within thirty (30) minutes of the time appointed for the meeting a quorum is not present at a meeting of which due notice shall have been given such meeting shall stand adjourned to the same day in the next week at the same time and place or if that day be a public holiday the next succeeding day other than a public holiday and the members then present shall constitute a quorum.
  3. The President and failing him/her the First or Second Vice President shall preside as Chairperson at every General Meeting of the Association. If there is neither the President nor Vice Presidents present within fifteen (15) minutes of the time appointed for the holding of the meeting the members present and forming a quorum shall by a simple majority choose one of the members to be Chairperson who shall preside at that meeting. 

 

WAIVER OF NOTICE

Whenever notice of a meeting is required to be given under the provisions of this Constitution a waiver in writing signed by the persons entitled to the said notice whether before or after the time stated therein shall be deemed equivalent thereto. Attendance at any meeting by a Member Club or Council Member shall be conclusively deemed a waiver of notice of that meeting unless objection is made at the commencement of such meeting to the failure to give proper notice. 

ARTICLE XIX

CONDUCT OF BUSINESS BY CORRESPONDENCE

Between meetings and in cases of emergency the Association may conduct its business and make decisions by correspondence, telephone or any other electronic media including but not limited to email, text messaging, social messages, Skype or video conferencing. 

ARTICLE XX

ALTERATIONS TO CONSTITUTION

  1. No part of this Constitution may be amended, rescinded or altered except at an Annual General Meeting or Extraordinary General meeting specifically summoned for that purpose and passed by a majority of no less than two-thirds of those present and entitled to vote. 
  2. Notice of any proposed alteration or amendment to this Constitution intended to be introduced at a General Meeting shall be furnished in writing to the Secretary not less than one (1) month before such meeting. 
ARTICLE XXI

COMPLIANCE WITH FINA RULES

  1. Compliance with FINA RulesThe Constitution and Rules of the Association must not be in conflict with FINA Rules (including but not limited to FINA Constitution, FINA General Rules, FINA Code of Ethics, FINA By-Laws, FINA Technical Rules, FINA Facilities Rules, FINA Medical Rules and FINA Doping Control Rules, which may be amended and/or updated from time to time by FINA).  Where there is a conflict, FINA Rules shall prevail in accordance with FINA Rule C7.3.
  2. Compliance with FINA DecisionsThe Association is obliged to act in accordance with the decisions of the FINA Congress and the FINA Bureau in accordance with FINA Rule C8.2.2.
  3. Members of the Association in Compliance with FINA RulesThe Association is obliged to ensure that their own members comply with the FINA Rules, regulations, directives and decisions of the FINA bodies.  Where there is conflict, FINA Rules shall prevail in accordance with FINA Rule C8.2.9.
  4. FINA as the Governing BodyThe Association shall acknowledge in its national rules that FINA is the only recognized body in the world which governs Aquatics internationally in accordance with FINA Rule C7.5.
  5. Autonomy and No Government InterferencesThe Association is obliged to manage its affairs independently and not be influenced by third parties in accordance with FINA Rule C8.2.6.
  6. Approval of Constitution and NameThe Association must seek approval of the FINA Bureau for any change of name and/or constitution before such changes are valid in accordance with FINA Rule C7.4.
  7. Minutes of ElectionsThe Association is obliged to notify FINA of the dates and the location of the elections, and to provide the minutes of its congress to FINA no later than sixty (60) days after conclusion of the congress in accordance with FINA Rule C8.2.8.
  8. FINA Bureau as an Ex-Officio MemberFINA Bureau member shall be an ex-officio member with a voting right in the Council and the general assembly of the Association in accordance with FINA Rule C17.1.9.

ARTICLE XXII

ANTI-DOPING RULES AND OUT-OF-COMPETITION DOPING

CONTROL The Association shall comply with the Anti-Doping Rules and allow out-of-competition doping control by FINA.  The regulations of the Association shall indicate that all FINA Rules including Anti-Doping Rules shall be deemed as incorporated into and shall be directly applicable to and shall be agreed to and followed by competitors, competitor support personnel, coaches, physicians, trainers, managers, officials, medical or paramedical personnel, team leaders, and club and the Association’s representatives under the jurisdiction of the Barbados Aquatic Sports Association in accordance with FINA Rule C8.2.4 and FINA Rule D14.1.

ARTICLE XXIII

DISSOLUTION

The Association may on a resolution passed by a two-thirds majority of its membership decide to dissolve the Association whereupon on a specific date appointed by the Association, the Council shall proceed to realise the property of the Association and after the discharge of all liabilities the balance, if any, shall be donated to such charities as shall be determined by the Association or shall be donated to the Government of this island to be used for the benefit of aquatic sports in the island and upon completion of such donation this Association shall be dissolved. 

ARTICLE XXIV

INTERPRETATIONS

  1. In case any doubt shall arise as to the meaning of any of the Articles or any regulation or bye-law of the Association the interpretation placed thereon by the Council shall be final and binding upon all members of the Association. 
  2. This Constitution of the Barbados Aquatic Sports Association is hereby approved and adopted and shall come into operation upon approval by FINA.