Procedure for Election of Trustees and Elected Members of Out to Swim
Adopted 12 October 2021 | Amended by the Trustees on 11 October 2023
Out to Swim is a registered Charity with objectives for the promotion of equality and diversity in swimming and other aquatic sports. You can read our constitution here.
As such, it is a membership Charitable Incorporated Organisation with trustees, and a number of regional clubs (currently Brighton & Hove, Bristol and London)
As a charity, Out to Swim has three trustees, one retiring each year. The trustees oversee the charitable issues and are the point of liaison with the Charity Commission.
Out to Swim ensures that the regional clubs which are part of Out to Swim operate consistently and within the objects of the charity through a Clubs’ Council set up through Out to Swim’s Bye-law 3.18, Clubs’ Council consists of at least one trustee, the Out to Swim Secretary, the Out to Swim Treasurer and the Out to Swim Communications Officer (all appointed by the Annual General Meeting) and a representative of each Regional Club, and each discipline within those clubs, elected by their respective clubs or disciplines. Meetings for election to these posts take place during or immediately before the Annual General Meeting.
The Annual General Meeting:
The OTSs Annual General Meeting, held in accordance with the Constitution is chaired by the chair of the Trustees. This meeting receives:
the Chair's report of the previous year's activities and an overview of the coming year's goals;
the statement of accounts;
an overview of the coming year's budget;
the three year business/financial plan.
the report on the athletic programme.
It also appoints a new trustee. The constitution requires that at all times at least two of the Trustees must have experience, skills or qualifications that demonstrate an ability to act as Trustee.
It also elects a secretary, treasurer and communications officer and ratifies the appointment of representatives from the disciplines and regional clubs and deals with such other business as is appropriate (e.g. amendment of bye-laws, etc.)
The positions of Secretary, Treasurer and Communications Officer are up for election each year. When the date of the AGM is notified to the club membership, the following items will also be provided:
A list of all existing and/or proposed positions on the Out to Swim Clubs Council for the next year.
Brief descriptions of the roles and responsibilities for each Clubs Council position.
The name and contact details of the Returning Officer (as appointed by the sitting Out To Swim Trustees)
Eligibility
In order to vote in the election, or to stand as a candidate in the election, you must be a fully paid-up member of Out to Swim. We strongly recommend that all prospective candidates familiarise themselves with this election procedure document, which can be found on the OTS website, outtoswim.org.
Candidacy submission
If you would like to stand for a committee position, you must:
Find another fully paid-up member of the club willing to support you,
Complete the form provided by the Returning Officer and
Return the completed form to the Returning Officer within the time specified.
Contested Positions
If, prior to the nomination closing date, there is more than one nomination for a role, those nominated must within 7 days provide a statement outlining why they would like to stand for the Out to Swim committee, including the skills and strengths that you will bring to the role. This statement will be circulated to all club members with the Notice of the Annual General Meeting. The statement should specifically address how you will represent the parts of Out to Swim relevant to your target position.
If at the meeting votes for any elected position are tied, a second vote will be held. If that, too, gives a tied result and neither nominee is willing to withdraw the election will be decided on the toss of a coin.
Canvassing
No formal canvassing is allowed by any member of the club (including those not standing for election), beyond each candidate’s written statement, as provided to the Returning Officer. In this context, “formal canvassing” includes:
any statements or canvassing on the Out To Swim Facebook page(s), or any other form of social media intended to reach a wider Out To Swim audience;
any e-mails to groups or sub-groups of Out To Swim members;
any canvassing statements on the Out to Swim website.
This canvassing policy is not intended to restrict informal discussions among individual club members.
Proxy Voting
The Out to Swim constitution explicitly allows for proxy voting. Proxy voting will operate as follows:
Nomination closing date: 28 days before the AGM or such other time as the Trustees direct
Within 5 days of the closing date: The Returning Officer publishes the nomination list by e-mail to the membership, including candidates’ written statements if provided. Proxy Voting opens for positions with a nomination (see note on vacant positions below)
Any club member unable to attend the AGM but wishing to vote for a nominee should complete the proxy form.
Proxy voting closing date and time: normally 72 hours before the AGM
Date of Out To Swim AGM
During the voting process, the number of proxy votes cast for each nominee is added to the number of votes cast by members present at the AGM.
It is essential that all proxy votes are received by the proxy voting closing date and time. Those received after this time cannot be counted and you will need to vote in person at the AGM. Proxy votes can only be accepted by the form provided.
Nominations at the AGM
In addition members can be nominated at the Annual General Meeting for any uncontested positions.
Vacant Positions
If there are no nominations for one of the positions open for election the Trustees or Clubs’ Council may co-opt any member, with that member’s permission, to that role.
Summary/ Dispute Process
We believe that these processes deal fairly both with the case where a position is contested, and proxy voting may materially impact the outcome of a vote, and the case where a position is potentially vacant, and it is in the club’s interest to ensure the position is filled by calling for nominations at the AGM itself.
Please note that, in case of any dispute prior to the vote at the AGM, the Returning Officer will arbitrate. If unresolved disputes remain on the voting process or on any particular Clubs’ Council positions after the AGM, then the new Out to Swim Clubs Council will have final say on the matter, subject to the club's constitution and byelaws.
The Disciplines and Regional Clubs annual meetings:
The Annual General Meetings of the Disciplines and Regional Clubs are held in accordance with their own operating rules.