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Constitution

THE BARBADOS AQUATIC SPORTS ASSOCIATION

FOUNDED 1947

RENAMED 2018

CONSTITUTION OF THE BARBADOS AQUATIC SPORTS ASSOCIATION

UPDATED 2024

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

DEFINITION

The Rules of the Association shall include the Constitution, the By-Laws and the Code of Ethics.

ARTICLE IV

MISSION STATEMENT

The Association’s  mission is to provide opportunities for training in competitive aquatic sports in a safe environment, so our nationals may achieve excellence at the highest level internationally; to provide training in ‘water safety for life’; to promote safe and clean sport by all members through compliance with the World Anti Doping Agency; to develop and maintain partnerships with other National Federations and Governments; to source funding to support athletes and to operate under the mandate of World Aquatics and its affiliates.

ARTICLE V

AIMS AND OBJECTIVES

  1. The objectives of the Association shall be:-
  2. To promote foster develop and administer Swimming, Diving,  Water  Polo,  Artistic  Swimming,  Masters Swimming, Open Water Swimming and High Diving in Barbados, regionally and internationally for and on behalf of Barbados.
  3. To promote and control and regulate competitions and championships for Swimming, Diving, Water Polo, Artistic Swimming, Masters Swimming and Open Water Swimming in Barbados.
  4. To provide drug free aquatic sports and operate at all times in compliance with the WADO Rules and Regulations.
  5. To encourage and support measures related to the medical care and health of the athlete.
  6. To maintain relationships with other Associations in the Caribbean and internationally.
  7. To arrange tours to other countries and to act as host to visiting teams.
  8. To adopt, enforce and interpret the rules governing the sports of  Swimming, Diving,  Water  Polo,  Artistic Swimming, Masters Swimming, Open Water Swimming and High Diving generally and promote the training of sports administrators.
  9. To affiliate and to pursue the aims and objectives of World Aquatics and its Affiliates.
  10. To borrow money to carry out its objectives and to give security for its indebtedness.
  11. To  accept  any  gift,  property,  chattels,  sporting equipment and materials, legacy or device for the furtherance of its objectives.
  12. To purchase take on lease acquire hold and dispose of such real or personal property as may be necessary for its objective.
  13. To promote the preservation of the environment.
  14. 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 VI

DISCRIMINATION

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

ARTICLE VII

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 Open Water Swimming and High Diving 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 maintain a membership of twenty (20) individual members, 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 at an Annual General Meeting 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, Open Water Swimming and High Diving locally.

ARTICLE VIII

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 of the Member Clubs must be submitted to the Association within one (1) month of its Annual General Meeting.

ARTICLE IX

SUBSCRIPTIONS & FEES

    1. A Member Club shall pay an entrance fee of $100.00 in addition to an annual subscription to be determined annually at a Council meeting.
    2. Schools shall pay an annual subscription only.
  2. Annual subscriptions shall become due and payable on the 1st day of January in each and every year.
  3. Fees for use of the facilities at the Aquatic Centre are set out in the BASA Association’s By-Laws.

ARTICLE X

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;
    3. If the Member Club is expelled;
    4. If the membership of the Member Club falls below twenty (20) individual members subject to the decision of the Council.
  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 and or Code of Ethics 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 XI

REPRESENTATION

Each Member Club and the Athletes Commission 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 XII

OFFICERS

  1. The Officers of the Association shall be elected from among the representatives of the Member Clubs and current Council Members in attendance at the General Meeting or who has given written consent to be nominated to the Secretary of the Association
  2. The Officers of the Association 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. In the absence of the President, a Vice President shall be elected from among the Vice Presidents present to chair the meeting.
    2. Vice President – Swimming shall coordinate the development of swimming, the planning and execution of swim meets, swim training and tours for the purpose of participation in regional and international meets and shall perform the duties as President when elected to do so. The Vice President – Swimming shall undertake the responsibilities for Masters Swimming.

    3. Vice President – Open Water Swimming shall coordinate the development of open water swimming, the planning and execution of Open Water swim meets, open water training and tours for the purpose of participation in regional and international meets and shall perform the duties as President when elected to do so.

    4. Vice President – Water Polo shall coordinate the development of water polo, the planning and execution of Water polo meets, water polo training and tours for the purpose of participation in regional and international meets and shall perform the duties as President when elected to do so.

    5. Vice President – Artistic Swimming shall coordinate the development of artistic swimming, the planning and execution of artistic swim meets, artistic swim training and tours for the purpose of participation in regional and international meets and shall perform the duties as President when elected to do so.

    6. Secretary. It shall be the duty of the Secretary to keep a correct record of all meetings of the Council and General Meetings, give notice of all meetings of Council and of the Association 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.

    7. 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, the Secretary or with the Vice President – Swimming.

      4. prepare in consultation with the President and submit a budget to the 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 and thereafter to the General Meeting.

ARTICLE XIII

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 for a maximum of five (5) consecutive terms.

  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 XIV

AGE LIMIT FOR OFFICERS

The age limit for Officers of the Association shall be seventy five (75) years of age.

ARTICLE XV

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. A representative of the Athlete’s Commission
    4. The Honorary Life Vice-Presidents, without vote.
    5. The Immediate Past President, without vote. The Immediate Past President shall be included in the Council provided that the holder of that office has not been removed from office during his/her tenure.
    6. The World Aquatics Bureau Member, if any.
  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 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. An officer so elected shall be eligible for re-election for a maximum of four (4) consecutive terms.
  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.
  6. If within thirty (30) minutes of the time appointed for the meeting a quorum is not present the 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.

ARTICLE XVI

POWERS OF THE COUNCIL

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

ARTICLE XVII

SANCTIONS

The Council shall have and exercise the following powers authorities functions and obligations to impose 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 Association 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 World Aquatics 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, member of a Club or member of the public at any competition, tournament or other activity 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 World Aquatics 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 or Club Members.
  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 and the Association as it may deem expedient.

ARTICLE XVIII

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. The newly elected Officers shall hold office from the conclusion of the Annual General Meeting at which they were elected.
  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 including the outcome of any Extraordinary General Meeting.
    6. Election of Officers in accordance with the provisions of Article XI hereof.
    7. Appointment of an Auditor.
    8. Appointment of Bankers.
    9. Resolutions.
    10. Fixing the subscription for the ensuing year.
    11. General Business.

Not less than fourteen (14) days’ notice in writing of the Annual General Meeting shall be given to all Member Clubs, Council and other Members.

ARTICLE XIX

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 XX

EXTRAORDINARY GENERAL MEETING

  1. An Extraordinary General Meeting of the Association may except in accordance with the provisions of Article XXII 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 XXI

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. 12

  3. The President or in his/her absence a Vice President shall be elected as Chairperson from among the Vice Presidents present and shall preside as Chairperson at every General Meeting of the Association. If there is a quorum present and neither the President nor a Vice President is present within fifteen (15) minutes of the time appointed for the holding of the meeting the members present shall by a simple majority choose one of the members to be Chairperson who shall preside at that meeting.

ARTICLE XXII

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 XXIII

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 XXIV

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 XXV

COMPLIANCE WITH WORLD AQUATICS RULES

  1. Compliance with World Aquatics Rules The Constitution and Rules of the Association must not be in conflict with World Aquatics Rules (including but not limited to World Aquatics Constitution, World Aquatics General Rules, World Aquatics Code of Ethics, World Aquatics By-Laws, World Aquatics Technical Rules, World Aquatics Facilities Rules, World Aquatics Medical Rules and World Aquatics Doping Control Rules, which may be amended and/or updated from time to time by World Aquatics. Where there is a conflict, World Aquatics Rules shall prevail in accordance with World Aquatics Rule 7.f).
  2. Compliance with World Aquatics Decisions The Association is obliged to act in accordance with the decisions of the World Aquatics Congress and the World Aquatics Bureau in accordance with World Aquatics Rule 7.b).
  3. Members of the Association in Compliance with World Aquatics Rules The Association is obliged to ensure that their own members comply with the World Aquatics Rules, regulations, directives and decisions of the World Aquatics bodies. Where there is conflict, World Aquatics Rules shall prevail in accordance with World Aquatics Rule 7.g).
  4. World Aquatics as the Governing Body The Association hereby acknowledges that World Aquatics is the only recognized body in the world which governs aquatics internationally in accordance with World Aquatics Rule 7.f).
  5. Autonomy and No Government Interferences The Association is obliged to manage its affairs independently and not be influenced by third parties in accordance with World Aquatics Rule 7.i).
  6. Approval of Constitution and Name The Association must seek approval of the World Aquatics Bureau for any change of name and/or constitution before such changes are valid in accordance with World Aquatics Rule 7.d). 14
  7. Minutes of Elections The Association is obliged to notify World Aquatics of the dates and the location of the elections, and to provide the minutes of its congress to World Aquatics no later than sixty (60) days after conclusion of the congress in accordance with World Aquatics FINA Rule 7.h).
  8. World Aquatics Bureau Member as an Ex-Officio Member World Aquatics 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 World Aquatics Rule 17.2.

ARTICLE XXVI

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 World Aquatics.

All World Aquatics 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 World Aquatics Rule 7.b) and World Aquatics Rule DC 5.5.4.

ARTICLE XXVII

ATHLETES COMMISSION

The Athletes Commission shall be elected at each Annual General Meeting of the Association to represent to the Council the views of the athletes. It shall consist of one representative of each active discipline of the Association and shall elect a Chairperson from among the elected members at its first meeting. It shall meet as necessary but not less than three times per year.

ARTICLE XXVIII

ETHICS COMMISSION

The principles of ethical conduct set out in the World Aquatics FINA Code of Ethics shall apply to all Members, Officers and persons elected or appointed to any position of the Association, members of Clubs, staff, consultants and persons/firms contractually-connected to the Association. The Association shall refer matters related to ethical complaints to the Ethics Commission which shall be comprised of three persons who are not members of the Council and may be non-members of clubs. They shall be appointed at the Annual General Meeting of the Association to make recommendations to the Council where final decisions are to be made. The Chairperson shall be a person of legal training and experience.

ARTICLE XXIX

DISCIPLINARY MATTERS

The Association shall appoint a Disciplinary Commission of three persons who are not members of clubs to be chaired by a person of legal training and experience to review any violations of the Association’s Rules and make recommendations to the Council. At least one other member of the Commission shall be a past President of the Association.

ARTICLE XXX

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 XXXI

INTERPRETATIONS

  1. In case any doubt shall arise as to the meaning of any of the Articles or any regulation or By-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 World Aquatics.