APPROVED BY THE
GENERAL MEMBERSHIP
1 / 10 / 2006
Article 1.
Organization and
Purpose
Section 1.01
This
organization is called the Salina Aquatics Club, referred to herein as SAC or
the Club.
Section 1.02
The
Club is a year round competitive swimming club founded with the specific
objective of promoting swimming programs for the benefit of swimmers of all
ages and abilities; to educate, train and direct the interests of the swimmers
and to operate solely and exclusively as a charitable, educational, non-profit
organization.
Section 1.03
The
Club is a member of the Missouri Valley Swimming, herein called MVS, and will
function in accordance with applicable Bylaws and Rules and Regulations. MVS is
a member of USA Swimming, the national governing body of amateur swimming.
Section 1.04
All Bylaws,
policies and rulings pertaining to the conduct of the Club and its swim meets
will conform to United States Swimming, Missouri Valley Swimming and Salina
Aquatics Club Bylaws and rules and regulations.
Article 2.
Membership
Section 2.01
Competitor
members are those swimmers who are members of the team. The benefits and
services of the Club shall be made available to any person who desires to
participate in the competitive swimming program, is physically able to swim one
length of the short course pool (25 yards) and is developmentally able to
understand and follow directions.
Section 2.02
The
General Membership is made up of the parents or legal guardians of the
competitor members. Each family of swimmers of the General Membership shall be
entitled to one vote in the affairs of the Club. Membership and voting rights
are contingent upon payment of USA
Article 3.
Dues, Fees and
Assessments
Section 3.01
Each
member is responsible for payment of a yearly club registration fee per swimmer
and a USA USA
Section 3.02
Meet
entry fees are in addition to the monthly fees. Payment of meet entry fees are
due when the meet entry form is submitted. Non payment of meet entry fees will
necessitate non-participation in the meet.
Payment for relays will be at the expense of the Club.
Section 3.03
Members
are encouraged to consider becoming a MVS official. The Club will pay any
associated fees of those Members who agree to do so for the benefit of the
Club.
Section 3.04
Financial
assistance may be considered on an individual basis for families that feel they
cannot meet the financial obligation required. Requests for financial
assistance must be submitted to the Treasurer in writing. Distribution of
financial assistance is subject to consideration and approval by the Treasurer
and the President of the Board of Directors using the following criteria for
guidance:
(a)
Financial need
(b)
Sincere swimmer interest in and commitment to
competitive swimming
(c)
Faithfulness in practice and meet
participation.
Article 4.
Powers of the
Club
Section 4.01
The
powers of the Club shall include but may not be limited to:
(a)
To determine participation in and conduction of
meets and competitions as the Board of Directors shall determine to be in the
best interests of the Club.
(b)
The publication and distribution of programs,
newsletters and other publications designed to promote the activities and
affairs of the Club
(c)
The solicitation and sale of advertising space in
such publications and obtaining of sponsorships for competitions and
publications
(d)
The contribution of money or
other things of value for scholarships, programs, recognition, awards or other
causes for the benefit of the Club.
(e)
The retaining of persons, firms, or corporations as
may be necessary in order to provide special services to the Club
(f)
The purchase, sale, and conveyance of real or
personal property and the entry into any contracts, leases, or other agreements
necessary to properly conduct and administer the affairs of the Club
(g)
The operation of food concessions and the sale of
swimming equipment and paraphernalia to it’s members and other persons; and the
authorization to engage in other lawful activities as may be necessary to
properly carry out the purposes of the Club and conduct its’ affairs.
Article 5.
Meetings of the
Members
Section 5.01
The
Club shall hold a meeting of the general membership annually at the end of the
long course season for the purpose of reviewing the activities and financial
affairs of the Club, electing a Board of Directors, and conducting other business as needed.
Section 5.02
The
Club may hold additional special meetings of the membership as necessary to
conduct the affairs of the Club. Special meetings may be called by the
President of the Board of Directors, by majority vote of the Board of
Directors, or by written request of at least ten percent (10%) of the General
Membership.
Section 5.03
Meetings
of the general membership shall be held at a convenient time and place
designated by the Board of Directors. Written notice of the meeting shall be
given to all members not less than 10 days before the meeting. Such notice
shall be at least by one of the following; electronic mail, posted notices at
the pools where practice is being held and/or hard copy sent via USPS. Members in good standing, present in person,
at any properly called meeting shall constitute a quorum. Unless otherwise specified in these Bylaws
the decision of a majority of the members present shall be the decision of the
Club.
Article 6.
Board of
Directors
Section 6.01
The
administrative functions of the Club are managed by a Board of Directors, also
referred to as the Board, made up of elected members of the General Membership
of the Club, the Head Coach and the Administrative Coach. The management of the
club is a collaborative effort between the Board of Directors, the General
Membership and the Coaches. The duties and powers of the Board include but are
not limited to those defined in Article IV. The Board of Directors shall have
the authority to adopt rules and regulations and/or policies and procedures, and to amend such as needed for the conduction
of the business and activities of the Club. The Board may appoint committees
necessary to conduct the functions of the club.
Section 6.02
A board
of eight (8) members shall be elected by and from the General Membership of the
Club. Each member shall serve a term of at least two years or until a successor
as been elected and takes office. Only 4 members should be elected in any given
year. Board members may succeed themselves so long as their term has not
expired. A term year shall coincide with the fiscal year.
Section 6.03
Any
vacancy in the Board of Directors caused by death, resignation, or disqualification
shall be filled by a majority vote of the remaining directors until the next
annual meeting. Any member in good
standing of the General Membership may seek placement on the Board of Directors
at the annual election. Desire to serve on the Board shall be submitted in
writing to the Secretary at least 15 days before the scheduled election each
year. Each family shall be limited to one adult member on the Board at any
time. Any member willing to serve shall have their name added to the ballot at
the annual election. Board members serving in positions that are uncontested
and who are willing to continue to serve will not necessitate a vote at the
annual election. Resignation of any Board Member must be submitted to the
President of the Board at least 30 days prior to the annual election. The
President of the Board will appoint a nominating committee consisting of Vice
President and two (2) other members from the General Membership. It is the
responsibility of the committee to obtain nominations for the office to be
vacant within 10 days before the annual election is scheduled. Contested
elections shall be by secret ballot with each member voting for the same number
of different nominees as there are vacancies on the Board. The Secretary shall
act as teller. The nominees receiving the greatest number of votes shall be
declared elected and shall assume office at the beginning of the next fiscal
year unless elected to fill an unexpired term, in which case they shall assume
office immediately.
Section 6.04
All
members of the Board of Directors shall perform those duties prescribed by the
Board of Directors in order to accomplish the business needed for the function
of the Club. The elected positions of the Board of Directors shall include:
(a)
President
(i)
The President shall preside at all meetings of the membership and of the
Board of Directors, shall perform any other duties as determined by the Board
of Directors and shall perform others duties as generally devolve upon a
President of the Board of Directors.
(b)
Vice President
(i)
The Vice President shall conduct meetings and perform all duties usually
performed by the President during his/her absence.
(c)
Secretary
(i)
The Secretary shall have the custody and care of all records current and
historical of the Club, and shall keep a complete record of the proceedings of
all meetings of the Board of Directors and of the Membership.
(d)
Treasurer
(i)
The Treasurer shall keep correct and complete records showing accurately
at all times the financial condition of the Club, shall be the legal custodian
of all monies and other valuables which may from time to time come into the
possession of the Club, shall maintain a bank account in the name of the Club,
shall furnish at meetings of the Board and membership, or whenever requested by
the Board of Directors, a statement of the financial condition of the
Club.
(e)
Entry Chair
(f)
Meet Director
(g)
Two (2) Parent Representatives
Section 6.05
Any
Board member may be removed from office with or without cause at any annual,
quarterly or special meeting of the General Membership. The intent of
contemplation of such action must be stated in the notice of meeting. Such
action requires a majority vote of the General Membership present.
Section 6.06
Meetings
of the Board of Directors shall be held at least six (6) times during the
fiscal year. Special meetings may be called by the President of the Board or
the majority of the members of the Board. Seven days notice of meetings, in
person or by electronic mail, shall be given all members of the Board. All
meetings of the Board shall be open to any member or coach except when
executive sessions are required for negotiation of contracts, for administering
financial assistance and to discuss personnel issues. Coaches may be excluded
from executive session at the discretion of the President. Public notice of
meetings will be by electronic mail. Notice may be posted at each location
where the team is practicing if time permits. A quorum is achieved when a
majority of the standing Board of Directors are present. Each member of the
Board of Directors shall have one vote. A majority vote of the Board members
present shall be the action of the Board.
Section 6.07
The
Board shall keep written record of its activities. Minutes shall be reviewed
and approved at each subsequent meeting. Minutes shall be signed by the
Secretary (or the acting recorder if the Secretary is absent) and the
President. Minutes of meetings shall be open to review of the General
Membership and/or Coaches upon request.
Article 7.
Budget and
Finance
Section 7.01
The
fiscal year of the Club shall commence on the first day of September each year
and terminate on the 31st day of August of the following year.
Section 7.02
An
annual budget shall be prepared by the Board prior to the beginning of each
fiscal year for presentation and approval of the General Membership at the fall
Parent meeting. Fees and assessments will be based on projected expenses and
income.
Section 7.03
The
books of the Club shall be reviewed annually by the Board of Directors after
the close of the fiscal year.
Section 7.04
Members
of the Board or of any committees acting on behalf of the Club may be
reimbursed for reasonable out of pocket expenses, but shall not be otherwise
compensated.
Section 7.05
Checks
for the Club may be signed by the Treasurer or the President.
Article 8.
Miscellaneous
Section 8.01
No director, officer, member,
authorized agent, or representative of
the club shall be liable or responsible for any debts or liabilities of the
club, or liable to the club except to the extent of
(a) their unpaid portion of
membership dues and entry fees or (b) for their acts or omissions not in good faith or which involve
intentional misconduct.
Section 8.02
All
contracts and agreements authorized by the Board of directors shall be signed
by the President or the Treasurer.
Section 8.03
Unless
otherwise specified the most current revision of Robert’s Rules of Order will
be used for the conduction of all meetings of the General Membership and the
Board.
Article 9.
Approval or
amendment of bylaws
Section 9.01
These
bylaws enacted on __/__/__ by the General Membership of the Club supercede any
and all previous bylaws of the Salina Aquatics Club.
Section 9.02
These
bylaws may be amended at any time by a majority vote of the members present at
any regular or special meeting of the General Membership provided that the
proposed amendment has been submitted to the membership not less than ten days
prior to such meeting. In order to be submitted to the membership, the proposed
amendment shall have been approved by the Board of Directors.
Section 9.03
These
Bylaws shall be reviewed every two (2) years by the Board of Directors.
Article 10.
Tax Exempt Provisions
Section 10.1 The Club
is irrevocably dedicated to, and operated exclusively for, not-for-profit
purposes. No part of the income or
assets of the Club shall be distributed to, nor inure to the benefit of, any of
its officers, directors, or other private persons, except that the Club shall
be authorized and empowered to pay reasonable compensation for services rendered
and to make payments and distributions in furtherance of the purposes set forth
herein; provided, however, no compensation or payments (other than
reimbursement for expenses) shall be paid to a director or any business
enterprise with which he or she is associated.
Section 10.2 Notwithstanding
any other provision of these By-Laws, the Club shall not carry on any
activities not permitted to be carried on: (a) by a corporation exempt from
Federal income tax under Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (or the corresponding provisions of any future United States
Internal Revenue law); or (b) by a corporation, contributions to which are
deductible under Section 170(c)(2) of the Internal Revenue Code of 1986,
as amended (or the corresponding provisions of any future United States
Internal Revenue law).
Section 10.3 No substantial part of the activities of the Club shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Club shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Section 10.4 In the
event of the liquidation, dissolution or winding up of the affairs of this
Club, the net assets of the Club shall be paid and distributed to such
organization or organizations organized and operated exclusively for
charitable, religious, scientific, testing for public safety, literary or
educational purposes as shall at the time qualify as an exempt organization or
organizations under Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (or the corresponding provision of any future United States
Internal Revenue law), as the directors shall determine in their absolute
discretion. Any such assets not so
disposed of shall be disposed of by the District Court of the county in which
the principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, as said court shall
determine, which are organized and operated exclusively for such purposes.
Date: 01/06/06