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 policies and discipline of USA 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, Macomb or Wayne 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. USA Swimming and Michigan Swimming 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 the President, Vice President, Secretary, Treasurer, and Fundraising Chair. 

Section 3. Officers are elected for two-year terms. Terms will begin September 1^st of the year elected and end August 31^st at the end of the term year.

Section 4.  Officers shall be elected at the spring general membership meeting.  In the event that the annual election is not able to take place the Board reserves the right to hold the election at another date as long as the membership is given a 15 day notice.  In even years, a Vice President, Treasurer and Fundraising Chair will be elected.  In odd years, a President and Secretary 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 15 days prior to the election.

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.   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.   

Section 10.  At any time a board member has a child on another USA Club he shall resign.

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, attend to giving and receiving all notices of the Club. The Secretary may be the information liaison between the board and the webmaster, will act as the club historian and Safe Sport Coordinator.

Section 4.  The Treasurer shall work with the Business Manager to report on the club finances be present at meets to distribute and collect money, serve on the budget committee, and present a financial statement at the Board meetings, annual membership meetings and at other times as requested by the Executive Board.

Section 5.  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 the committee.

Section 2. Volunteer Coordinator Chair. Reports to the President and Aquatics Director, coordinates and organizes work assignments for USSC hosted meets.

Section 3. Safety Chair. Position is held by Vice President and reports to the Meet Director.

Section 4. CTS Chair. Reports to Meet Director, organizes CTS workers for meets, and

organizes CTS training.

Section 5.  Special Event Chair. Reports to President and Aquatics Director, coordinates banquet, holiday party, and other special events identified by the board.

Section 6.   Hospitality Chair. Reports to Meet Director.  Provides hospitality to officials, and coaches at club hosted meets.

Section 7.  New Member Chair. Reports to Business Manager and Aquatics Director, and is a resource for new members.

Section 8. Officials Chair reports to the Aquatics Director and President and is in charge of recruiting, training, and obtaining officials for all hosted meets.  

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: 

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 Aquatics Director 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 charity decided up by the Board. 

Updated July 2022