By-Laws


By-Laws

 ARTICLE I

NAME

The name of this organization shall be the Utica-Shelby Swim Club.

ARTICLE II

PURPOSE

The Utica-Shelby Swim Club is a non-profit corporation organized for the purpose of promoting, encouraging, and supporting competitive aquatic sports. This is to be consistent with the polices and discipline of United States America Swimming and Michigan Swimming.

U.S.S.C. shall, at all times, be operated on a non-profit basis for the mutual benefit of its members.  No part of the net earnings of the organization shall inure to the benefits of, or to be distributable to, its members, trustees, officers or other private persons, except that the organization 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 in this Article.  No  substantial part of the activities of this organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of an candidate for public office.  Notwithstanding any other provision of these Articles, the organization shall not carry on any other activities not permitted to be carried on: (a) by an organization exempt from the federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the internal Revenue Code, or corresponding section of any future federal tax code.

 ARTICLE III

MEMBERSHIP

Section 1. Any interested participant residing within the boundaries of Oakland or Macomb County is eligible for membership.

Section 2. A participant representing this club must be a member in good standing whose dues, assessments, and current pool fees are paid.

Section 3. The Board of Directors, after due deliberation, may restrict, suspend, or terminate the membership of any member, This provision is not intended to limit, in any way, freedom of speech, expression of dissatisfaction, differences of opinion, or efforts to make changes at U.S.S.C.  The Board of Directors can make such termination only after an explanation has been given to the member.  There shall be no obligation of the Board to refund any fees in the event of restriction, suspension, or termination of membership.

 ARTICLE IV

FEES AND DUES

Section 1. Swim Fees will be determined by the annual budget. U.S.A. Michigan membership is in addition to swim fees, and must be paid by the swimmer’s second week of practice.

Section 2. Assessments, based on the club needs, shall be voted on at a membership meeting, provided that ten (10) days advance notice has been given to the membership.

ARTICLE V

ADMINISTRATION

Section 1. The arrangements, moneys, and scheduling of events shall be the responsibility of the members over 18 years and the parents of those under 18 years.

Section 2. The elected officers shall employ an Aquatic Director. The Aquatic Director will be responsible for the development and implementation of the aquatic program including serving as Head Coach, securing practice pool time and maintaining the practice schedule on the web site. The Aquatic Director will hold a voting position on the Executive Board through his/her tenure as Aquatic Director.  However, the Aquatic Director will have no vote on any matter dealing with the Aquatic Director’s employment, benefits, performance or compensation.

Section 3. The fiscal period shall begin September 1 and end August 31, of the following year.

ARTICLE VI

VOTING PRIVILEGES

Members over 18 years of age and parents of members under 18 years of age, if present at the general membership meetings, shall be eligible to vote provided they are a member in good standing. Each family is limited to 1 vote.

ARTICLE VII

EXECUTIVE BOARD

Section 1. The Executive Board shall consist of five officers and the Aquatic Director. Each Board Member will have one vote.

Section 2. The officers of this Club shall be a President, Vice President, a Secretary, a Treasurer, a Fundraising Chair.

Section 3. Officers are elected for two-year terms.

Section 4. Officers shall be elected by ballot at the spring general membership meeting. In even years, a Secretary and a Treasurer will be elected. In odd years, a President, a Vice President, and a Fundraising Chair will be elected. The incoming President’s election must be confirmed by a majority vote of the outgoing Board.

Section 5.  Meetings of the Executive Board shall be called by the President. For a Board meeting to be official, it must be attended by 4 of the voting members.

Section 6. The duties of the Executive Board shall be to transact business as designated by the General Membership, to prepare and to submit to the Club for approval a budget for the fiscal year, and to approve routine bills within the limits of the budget.

Section 7. There will be a nominating committee consisting of three members – only one of whom may be a present Board Member. The nominating committee shall select its own chairman immediately following selection. The nominating committee shall present its nominations to the membership a minimum of 30 days prior to the spring general membership meeting.

Section 8. A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority of the remaining members of the Executive Board.

Section 9. At any time a board member has a child on another USA Club he shall resign.

Section 10 No director, officer member or authorized agent, Board member, volunteer, or representative of U.S.S.C. shall be liable or responsible for any debts, commitments or liabilities of U.S.S.C., except to the extent of his or her unpaid portion of membership dues and entry few or other obligations owed to U.S.S.C.   

ARTICLE VIII

DUTIES AND POWERS OF THE EXECUTIVE BOARD

 

The duties and powers of the Executive Board shall be such as usually devolve upon Directors of any club or association, including but not limited to the powers to make and amend necessary rules and regulations; employ and direct professional coaches, instructors, and other personnel; manage all financial matters; enter into any contracts, leases, or other agreements necessary to carry out the purposes of U.S.S.C. ; and make all the arrangements necessary for holding the meetings of U.S.S.C. and publication of whatever date the Board deems essential to the benefit of U.S.S.C.  The Board must solicit suggestions and opinions from the general membership pertaining to the performance of the board and coaching staff once a year or as needed.

 

Duties of each member of the board are as follows:   

Section 1. The President shall preside at all meetings of the Club and the Executive Board, be a member ex-officio of the budget and contract committees, perform such other duties as may be prescribed in this Constitution or assigned him by the Club or the Executive Board, and coordinate the work of the officers and committees.

Section 2. The Vice President will serve as Safety Chair for the club and will be responsible for all media publicity and overall promotion of the club.

Section 3.The Secretary shall keep the minutes of all Executive Board and General Membership meetings, The Secretary may be the information liaison between the board and the webmaster, and will act as the club historian.

Section 4. The Treasurer shall have custody of the Club finances; keep full and accurate account of receipts and expenditures; make disbursements in accordance with the approved budget, as authorized by the Club or the Executive Board; arrange for a yearly independent audit; and present a financial statement at the general meetings, annual meeting, and at other times as requested by the Executive Board.   

Section 5. The Meet Director position will be facilitated by Members of the Coaching Staff, who will be responsible for bidding on meets (with Board approval), obtaining the sites for hosted meets, and coordinating the committees responsible for running the meet.

Section 6.The Fundraising Chair will be responsible for providing fundraising opportunities for USSC Membership and shall keep account of all fundraising completed by each member family.

 ARTICLE IX

STANDING COMMITTEES

Section 1. A standing committee shall have an appointed head and as many additional members as deemed necessary to fulfill the purpose of the committee.

Section 2. Meet Manager Entry Chair shall be responsible for all entries for USSC hosted meets.

Section 3. Team Manager Entry Chair shall be responsible for collecting meet fees for USSC swimmers in all selected meets and submitting payment to the meet host.  Team Manager Entry Chair will also be responsible for maintaining the records of the club.

Section 4. Recruiting Chair shall be responsible for dispersing flyers to the schools in Macomb and Oakland Counties and arranging for try-outs in the fall. The Recruiting Chair shall also coordinate work assignments for all USSC hosted meets.

Section 5.  Web Site Chair is responsible for maintaining the Club web site.

Section 6.  League Chair is responsible for overseeing dual meets and attending MCSL meetings.

Section 7.  Equipment Chair is responsible for selling team merchandise.

Section 8.  New Member Chair is responsible for welcoming new members.

Section 9.  Special Committees shall be appointed by the Board of Directors.

ARTICLE X

   DOCUMENT RETENTION
Section 1. In order to avoid accidental or innocent destruction of organization records and documents, the following document retention schedule shall be followed: 

Type of document

Minimum Requirement

Audit reports

Permanently

Bank statements and reconciliations

7 years

Legal & important correspondence & reports

Permanently

Budgets

7 years

Meet income/expense reports

7 years

Bylaws/Constitution

Permanently

Tax Returns and worksheets

Permanently

Meeting Minutes

Permanently

ARTICLE XI

CONFLICT OF INTEREST

Section 1. Whenever an officer has a financial or personal interest in any matter coming before the Executive Board, the affected person shall (a) fully disclose the nature of the interest and (b) withdraw from discussion, lobbying, and voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when a majority of disinterested members determine that it is in the best interest of the organization to do so. The minutes of meetings at which such votes are taken shall record such disclosure, abstention and rationale for approval.

ARTICLE XII

MEMBERSHIP MEETINGS

Section 1.  The location and time of the annual membership meeting shall be fixed by the Board

                  of Directors.

Section 2.  The President or coaches may call special meetings at any time by giving written,

                  Electronic, or verbal notice to members as provided by law.

ARTICLE XIII

CHANGES TO THE BYLAWS

Any changes to the bylaws must be approved by at least 5 members of the Executive Board and ratified by the General Membership. 

ARTICLE XVI

DISSOLUTION

 

Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.

 

  1/2012