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Association Bylaws

Del Norte Swim Team

DBA: Del Norte Swim Team Parents Association

BYLAWS

January 1, 2015

Table of Contents

ARTICLE I - NAME  1

Section 1.1 Name  1

ARTICLE II – PURPOSE AND LIMITATIONS  1

Section 2.1. General Purposes  1

Section 2.2. Specific Purposes  1

Section 2.3 Limitations  1

ARTICLE III – SWIM TEAM    2

Section 3.1. Name  2

Section 3.2. Bona fide Participants  2

Section 3.3. Registration  2

ARTICLE IV – ASSOCIATION MEMBERS  2

Section 4.1. Members  2

Section 4.2.  Required Service and Deposit  2

Section 4.3. Voting and Good Standing  3

ARTICLE V – BOARD   3

Section 5.1. Members  3

Section 5.2. Votes  3

Section 5.3. Compensation  3

ARTICLE VI – MEETINGS  3

Section 6.1. Standard Meeting Rules  3

Section 6.2. Association Meetings  4

Section 6.3. Board Meetings  4

Section 6.4. Committee Meetings  4

Section 6.5 Electronic Meetings for Voting  5

ARTICLE VII - OFFICERS  5

Section 7.1.  Offices  5

Section 7.2. Term of Office  5

Section 7.3.  Restrictions  5

Section 7.4. Qualifications  6

Section 7.5. Nominations, Elections, and Vacancies  6

Section 7.6. Removal from Office  6

ARTICLE VIII – OFFICER DUTIES AND RESPONSIBILITIES  6

Section 8.1. Primary Responsibility  6

Section 8.2.  President  6

Section 8.3.  Vice-President  7

Section 8.4. Secretary  7

Section 8.5.  Treasurer  7

Section 8.6.  Registrar  8

Section 8.7.  League Representative  8

Section 8.8.  Service Coordinator  9

ARTICLE IX -- BUDGET   9

Section 9.1.  Purpose  9

Section 9.2.  Annual Budget  9

Section 9.3.  Revised Budget  9

Section 9.4.  Communication  9

ARTICLE X – BOARD   9

Section 10.1.  Purpose and Authority  9

Section 10.2. Functions  10

ARTICLE XI - AMENDMENT OF BYLAWS  10

Section 11.1. Voting  10

Section 11.2. Submittal of Proposals  10

ARTICLE XII – DISSIOLUTION   11

Section 12.1. Authority  11

Section 12.2.  Distribution of Assets  11

ARTICLE XIII – Certifying Signatures  11

 

ARTICLE I - NAME

Section 1.1 Name

The name of this organization is the Del Norte Swim Team dba Del Norte Swim Team Parents’ Association (hereinafter “Association”).

ARTICLE II – PURPOSE AND LIMITATIONS

Section 2.1. General Purposes

The Association is organized as an unincorporated association exclusively for charitable and educational purposes, and to foster national or international amateur sports competition, all within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law.  No part of the organization's Association’s net earnings will inure to the benefit of private shareholders or individuals except that the association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes described in section 501(c)(3). The organization will not, as a substantial part of its activities, attempt to influence legislation or participate to any extent in a political campaign for or against any candidate for public office.  Notwithstanding any other provision of these articles, the Association shall not carry on any other activities not permitted to be carried on (a) by an entity exempt from federal income tax under IRS code section 501(c)(3) or the corresponding section of any future federal tax code, or (b) by an entity, contribution to which are deductible under IRS code section 170(c )(2), or the corresponding section of any future federal code.

Section 2.2. Specific Purposes

The purpose of the Association is to organize and administer an amateur competitive swim program at the Del Norte Club (hereinafter “Club”) which meets the requirements of the League of which it is a member.  These functions include but are not limited to: swimmer recruitment, parent service, fundraising events and activities, and team spirit events and activities.

Section 2.3 Limitations

The Club and not the Association has the responsibility and authority to:

  1. Provide the swimming pools for practice and home meets and other Team events.

  2. Hire, pay and supervise Coaches and other paid Team staff.

  3. Set and collect swim base registration fees, (hereinafter “participation fees”).

  4. Allow the Association access to the Club grounds and facilities.

  5. Assist the Association with communications with Members and Participants.

  6. Assist the Association with registration.

  7. Provide staff assistance for major Team events such as home meets, time trials, and other special events.

  8. Set limitations on the number of total participants on the Swim Team and the total number allowed in each age and or gender group.

  9. Provide meeting space for the Association.

ARTICLE III – SWIM TEAM

Section 3.1. Name

The name of the team is the Del Norte Dolphins (hereinafter “Team”).

Section 3.2. Bona fide Participants

  1. Bona fide Team Members (hereinafter “Participants”) are generally dependents of full-time Club members, coaches, or staff who:

  2. Have completed the registration process,

  3. Have paid participation fees to the Club,

  4. Have paid any fees due to the Association at time of registration,

  5. Meet minimum swimming ability requirements set by coach, and

  6. Meet all eligibility requirements of the League.

  7. Participation is for Current Swim Season.

  8. Current Swim Season is from the start of the Registration in one calendar year to the start of registration in the following calendar year.

  9. Participants have no voting rights.

Section 3.3. Registration

  1. Board will set registration start and end dates within League parameters.

  2. Registration is “first come, first serve” with a priority registration period for returning swimmers whose Member is in Good Standing.

  3. Registration may be offered electronically (such as website or e-mail), by mail and or in person as determined by the Board at the beginning of each swim season.

  4. Registrations submitted after the Board deadline is Late Registration.

  5. When there are more dependents who register than there are positions in a swim group, the Registrar may maintain a waiting list for each group to fill openings created by Participants leaving the Team.

ARTICLE IV – ASSOCIATION MEMBERS

Section 4.1. Members

  1. There is one class of Association membership (hereinafter “Members or Member”).

  2. The parents or guardians of a Participant are collectively one Member.

  3. There is only one Member even though the parent(s) or guardian(s) may have more than one Swimmer.

  4. Membership is for the Current Swim Session.

  5. There is no fee required to be a Member of the Association but service is required.

Section 4.2.  Required Service and Deposit

  1. Members are required to serve in running Swim Team activities and or the Association.

  2. There are three ways to meet service requirements:

  3. Shift Jobs

  4. Seasonal Jobs and or

  5. Officer.

  6. Members are required to submit a Deposit Check to the Board to guarantee that they will complete their service requirements. Checks will not be cashed if service requirements are met.

  7. Service requirements are set by the Board prior to the Association registration start date.They may be revised during the Swim Season based on number of Members and jobs.

  8. The dollar amount of the Deposit will be set by the Board before the beginning of registration.

Section 4.3. Voting and Good Standing

  1. Each Member in good standing is entitled to one vote in the Association.

  2. Members are in good standing if they have met all their Association and League requirements for the current swim season.For priority registration, Members are in good standing if they were in good standing for the prior swim season.

ARTICLE V – BOARD

Section 5.1. Members

The Board shall consist of the Association Officers (hereinafter Officer(s) and other Members who volunteer to serve on the Board (hereafter Members-at-large.) 

Section 5.2. Votes

Each Officer receives one vote.  Additional votes are not allotted because an Officer has assumed more than one duty on the Board (for example, secretary and chair of a policy committee.)  Members-at-large do not have a vote. 

Section 5.3. Compensation

There is no fee or compensation for Board membership or Members-at-large.

ARTICLE VI – MEETINGS

Section 6.1. Standard Meeting Rules

  1. All meetings shall be conducted according to Robert's Rules of Order, Newly Revised, insofar as they do not conflict with these Bylaws or the rules of the League.

  2. Meeting Notices shall be sent to each member of the group (Association, Board or Committee), by e-mail, by text or by United States mail, postage prepaid, and shall be posted on the team website.

  3. Meeting notices shall include the:

  4. A clear statement that this meeting is a “special” or “regular” Association, Board or Committee meeting

  5. Date, time and place of the meeting

  6. The Agenda

  7. Other information necessary to prepare the attendees for the meeting.

  8. Unless otherwise stated in these Bylaws, meetings shall be presided over by the President of the Association, or in the President's absence, by the Vice President, or in the absence of both, by a another Officer chosen by a majority of the Officers present.

  9. Unless otherwise stated in these Bylaws, the Secretary of the Association shall act as Secretary of all meetings, provided that in the Secretary's absence the presiding officer shall appoint another person to act as Secretary of the meeting.

  10. Every act or decision done or made by a majority of the Officers or Members present at a meeting at which a quorum is present is the act of the Board and the Association unless otherwise stated in Bylaws.

  11. A quorum is a simple majority of those eligible to vote unless otherwise stated in the Bylaws.

  12. If there is a quorum, a simple majority is required for passage of an item unless otherwise stated in the Bylaws.

Section 6.2. Association Meetings

  1. Regular meetings of the Association are those required in the Bylaws to conduct Association business.

  2. Special meetings of the Association may be called by the President, the Board, or a majority of the membership at any time.

  3. Regular and Special meetings must be noticed at least 14 calendar days before the meeting date.

  4. Unless otherwise stated in this section, meetings will follow Standard and or Electronic meeting rules.

Section 6.3. Board Meetings

  1. Regular meetings of the Board shall be held each month on a day and time determined by the Board at the beginning of the calendar year. Changes to this schedule must be approved by the Board at the prior meeting unless there are emergent circumstances.Meetings notices must be sent 5 days before the meeting date.

  2. Special Board meetings may be called by the President or by written request of three members of the Board.Meeting notices must be sent at least 7 days before the meeting and include an authorization of the meeting.

  3. Unless otherwise stated in this section, meetings will follow standard and or electronic meeting rules.

Section 6.4. Committee Meetings

  1. Meetings shall be presided over by a Chair appointed by the President.

  2. Membership is determined by the President or Board.

  3. Shall meet at date, time and location as determined Chair.

  4. Are noticed to the Board and the Committee Members at least 24 hours before the meeting unless this criteria is approved by 2/3 of the committee members.

  5. No quorum is necessary for the transaction of business.

  6. Decisions may be made by consensus or by vote.

  7. Members may include non-Officers as approved by the Board.

  8. The Chair shall appoint a member of the committee to document committee activities.If the result is a report or other document that shall serve as documentation of activities.

  9. Committee decisions are recommendations to the Board for Board action.

  10. Unless otherwise stated in this section, meetings will follow standard and or electronic meeting rules.

Section 6.5 Electronic Meetings for Voting

  1. In circumstances deemed desirable by the Board, Association and Board meetings may be held electronically by email, text or web for the purpose of voting on a single motion.

  2. A quorum is 100% of Membership or Officers.

  3. A Member or Officer who does not vote will be assumed to have abstained” and the Member will be counted as present for the purpose of determining quorum.

  4. A written Meeting notice shall sent to each person eligible to vote via Email, text, or United States mail, (postage prepaid) within the timeframe required by Bylaws..

  5. Meeting notices shall include:

  6. That the meeting is for the purpose of voting only;

  7. Type of meeting: Association, Board or committee;

  8. Whether it is a “special” or “regular” meeting;

  9. A notice that not voting shall be considered “abstention;”

  10. Other information deemed necessary to prepare the voters;

  11. Contact information for at least one Officer whom they can call for additional information or to ask questions;

  12. The voting deadline;

  13. The process for voting; and

  14. For Association and Board meetings, Secretary shall documents the process and the vote results in the next month’s meeting minutes and keeps copy of the complete Meeting Notice in records.

ARTICLE VII - OFFICERS

Section 7.1.  Offices

The offices of the Association (hereinafter “Officers” or “Officer”) shall be the President, Vice-President, Secretary, Treasurer, Registrar, League Representative, and Service Coordinator.

 Section 7.2. Term of Office

Term of office shall be one calendar year. 

Section 7.3.  Restrictions

  1. An Officer may hold only one office at a time except that an Officer may fill in for an absent Officer or for a vacant position as requested by the President or by a majority of the Board.

  2. There is no restriction on the number of terms an Officer may serve or the number of different positions an Officer may hold.

Section 7.4. Qualifications

Officers must be:

  1. A member of the Association for current swim season and the intent to be a member of the Association for the next swim season;

  2. Committed to serve for a minimum of one full term; and

  3. Committed to regularly attend board meetings, actively serve on committees and faithfully perform duties and responsibilities stated in Bylaws.

Section 7.5. Nominations, Elections, and Vacancies

  1. Elections shall be conducted at a meeting at the end of each swim season no earlier than July 15 and no later than November 15.

  2. Nominations for office may be made by any Members who is in good standing including the nominee.

  3. Nominee must provide required information to the Secretary at least 15 days prior to the election.

  4. Names of individuals running for office including incumbents shall be made available in the meeting notice and on the Team website at least 10 days before the Election.

  5. If an office remains unfilled after the election, it shall be considered a vacant office to be filled by the President and confirmed by the Board. A vacancy after the start of the calendar year shall be filled for the term by appointment of the President and confirmed by the Board.

  6. If a vacancy occurs in the office of President, the Vice-President shall assume the office and duties of the President.  Where there is no Vice-President or the Vice-President is unwilling to assume the Presidency, the Board will select another Officer to Serve as President for the remainder of the Term.

Section 7.6. Removal from Office

Officers may be removed from office by a majority vote of the Board for failure to faithfully attend Board meetings, to actively serve on committees and or to perform the specific duties of their Office.  The resulting vacancies will be filled by the President for the remainder of the current term. 

ARTICLE VIII – OFFICER DUTIES AND RESPONSIBILITIES

Section 8.1. Primary Responsibility

The primary responsibility of each Officer is to serve on the Board and conduct the day-to-day activities of the Association.  This includes but is not limited to regular attendance at Regular and Special Board meetings, actively serving on committees, and faithfully performing specific duties of elected position. 

Section 8.2.  President

  1. Arrange for and preside at all meetings except as otherwise provided in the Bylaws;

  2. Authorize all committees and committee heads;

  3. Guide and supervise the work of the Association;

  4. Serve as the liaison and or arbitrator between Members and the coaches;

  5. Serve as the liaison and or arbitrator between Board and Club management unless otherwise stated in Bylaws;

  6. Ensure the orderly election of Officers;

  7. Prepare articles and notices for publication on the Team website and in the Club newsletter along with the Coach; and

  8. Provide leadership in policy development and strategic planning.

Section 8.3.  Vice-President

  1. Except as otherwise stated in Bylaws, preside at meetings in the absence of the President;

  2. Assume the duties of the President if and when that Office becomes vacant either at the end of a term or during a term;

  3. Update and distribute the swim team parent handbook in conjunction with the Secretary;

  4. Serve as alternate League Representative;

  5. Work with Registrar to coordinate and organize registration process; and

  6. Perform other tasks as the President may delegate.

Section 8.4. Secretary

  1. Serve as custodian of the bylaws and other records and documents;

  2. Keep an accurate record of all Association and Board meetings;

  3. Create agendas for Association and Board meetings;

  4. Prepare and distribute and/or post all agendas, meeting notices, minutes and other communication as required in Bylaws or by the Board;

  5. Handle all correspondence;

  6. Maintain a master calendar of meets, swimming and social events, Association and Board meeting, and other pertinent dates;

  7. Update and distribute the swim team parent handbook in conjunction with the Vice President; and

  8. Perform other tasks as the president may delegate.

Section 8.5.  Treasurer

  1. Have charge and custody of, and be responsible for, all funds of the Association and deposit all such funds Association bank account except as otherwise stated in Bylaws;

  2. Maintain account(s) in the name of the Association at local bank for the purpose of depositing funds and paying expenses;

  3. Receive and give receipt for monies due and payable to the Association from any source;

  4. Disburse or cause to be disbursed the funds of the Association as directed by the Board, taking proper vouchers for such disbursements;

  5. Maintain adequate and correct financial records including accounts of its assets, liabilities, receipts, disbursements, gains and losses;

  6. Chair any committee charged with developing a approval and or revising budgets as necessary;

  7. Present financial reports to the Board as needed and the Association members upon request;

  8. Prepare, sign and send for the Association all documents required by IRS, FTB, and state and local government agencies;

  9. Work with Officers and Coordinators whose jobs contain a financial component to establish specific policies and procedures for contracts or agreements, reimbursement of expenses, safeguarding of assets including cash, and recordkeeping as related to their positions;

  10. Exhibit at all reasonable times the books of account and financial records to any Officer or Association member upon request;

  11. Manage a Petty Cash fund not to exceed $150 including approving expenses and maintaining receipts; and

  12. Perform all duties incident to the office of Treasurer and such other duties as may be required by law, these bylaws, or the President or Board.

Section 8.6.  Registrar

  1. Keep an accurate record of all registrants with the Swim Team and determine the eligibility of Participants for Team participation and competition;

  2. Develop and distribute swim team registration applications and material including but not limited to information for roster, relevant League requirements and Member responsibility;

  3. Schedule and organize the swim team registration session(s) in coordination with the Vice President and the Club;

  4. Timely publicize registration dates;

  5. Provide all necessary documentation to the League Representative and Club;

  6. Coordinate with Club management to verify amounts collected by the Club for the Association;

  7. Work with Treasurer to develop policies and procures for the handling and processing of any funds collected and the payment of any registration related expenditures.

  8. Maintain official roster of Participants including: name and age group and parent or guardian’s full contact information including email and rather they accept texts.

  9. Provide updated roster as requested to head coach, Club, Association and Board;

  10. Provide report to Board at each meeting with registration status;

  11. Meet registration deadlines as established annually by the Board for Registration; and

  12. Perform other tasks as the president may delegate.

Section 8.7.  League Representative

  1. Represent the Team as member of the League pursuant to League Bylaws;

  2. Attend League meetings;

  3. Handle all League matters on behalf of the swim team;

  4. Provide the Association all pertinent League information via web site and/or information sheets;

  5. Ensure that Team is in compliance with League requirements and deadlines;

  6. Report timely, pertinent League information such as, logistics, website links, member service

  7. needed, and team contacts to Board members and coordinative publication on Association and Club websites as appropriate; and

  8. Perform other tasks as the President may delegate.

Section 8.8.  Service Coordinator

  1. Maintain regular communication with Members regarding service requirements, available jobs, job duties for seasonal and shift jobs;

  2. Develop and maintain written job descriptions outlining the duties and responsibilities of each job;

  3. Set up system process and procedure for Members to sign up for jobs;

  4. Develop and implement job training programs as needed;

  5. Assist coordinators and committee chairs if additional Member service is needed for their activities or functions; and

  6. Maintain accurate records of Member service.

ARTICLE IX ­-- BUDGET

Section 9.1.  Purpose

  1. A budget is an estimate of income and expenses and as such it is:

  2. a plan for annual activities and events;

  3. a guideline for expected income and expenditures;

  4. an essential tool for allowing transparency and accountability to the Members;

  5. The budget is not the approval of any specific activity or expenditure.

Section 9.2.  Annual Budget

At the end of the calendar year, Officers will approve an Annual Budget for the next swim season to be presented to the incoming Officers.

Section 9.3.  Revised Budget

The Board may revise the budget as necessary to reflect:

  1. Significant increase or decrease in monetary amounts related to specific budget item(s);

  2. Adding or deleting significant activities; and

  3. Changes in costs associated with Club or League policies or procedures.

Section 9.4.  Communication

Secretary will provide a copy of original annual budget and all revised budgets to the Association members with 10 days of approval and coordinate their placement on Association web-site.

ARTICLE X – BOARD

Section 10.1.  Purpose and Authority

The Board has the purpose and authority to handle the day to day activities of the Association within the limitations established by: the By-laws; the League; the rules governing tax exempt and charity organizations; and county, state and federal laws and regulations. 

Section 10.2. Functions

Functions of the board include but not limited to:

  1. Developing and maintaining written policies and procedures as necessary to implement the Bylaws and support the swim team;

  2. Determining and setting fees and deposits;

  3. Overseeing and accounting for all financial matters of the Association;

  4. Setting required Member service;

  5. Identifying jobs and committees necessary for the effective operation of the Team and the Association;

  6. Developing Budgets;

  7. Authorizing expenditures and the payment of Association bills;

  8. Identifying fund raising sources, activities and events.

  9. Signing contracts. as necessary for Association activities;

  10. Recruiting Team sponsors;

  11. Recruiting and retaining Bona fide Participants;

  12. Providing Members with a current, timely Parent Handbook; and

  13. Other duties as stated in Bylaws.

ARTICLE XI - AMENDMENT OF BYLAWS

Section 11.1. Voting

  1. These bylaws may be amended, adopted, or repealed at any regular meeting of the Association or at any special meeting called for that purpose.

  2. Any action regarding the bylaws requires a two-thirds (2/3) majority of the Members in good standing with current contact information.

  3. Before going to the Association for vote, changes must be approved by the Board, and if necessary the League.

Section 11.2. Submittal of Proposals

  1. Proposed changes to the bylaws must be submitted in writing to the Board.

  2. A Bylaw committee will be formed to evaluate the change.The committee will consist of at minimum: individual(s) proposing the change, President, Vice President, and Secretary.If the change has monetary consideration, the Treasurer will also be on the committee. Proposed changes will be reviewed to see if they:

    1. are consistent with the general and specific purpose of Association,

    2. can be implemented by a policy or procedure rather than a Bylaw change,

    3. are consistent with our working relationship with the Club, and

    4. are otherwise consistent with good business practices.

  3. Board may make recommendations concerning proposed changes and/or submit competing or clarifying proposals for the vote.

ARTICLE XII – DISSOLUTION

Section 12.1. Authority

The Association may:

  1. By a 2/3 vote of the Members move the team to another Club.

  2. By a 2/3 vote of the Members dissolve the Association.

  3. By a 2/3 vote of the Members change Leagues.

Section 12.2.  Distribution of Assets

  1. Upon the dissolution of the Association assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Service, 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.

  2. The Treasurer will distribute the assets in accordance to the purpose of the Association.