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Article: 616 Definitions, Conventions and Rules of Interpretation

CONVENTIONS AND RULES OF INTERPRETATION

  1. TERMS GENERALLY - Whenever the context may require, any pronoun or official title shall include the corresponding masculine, feminine and neuter forms. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The singular shall include the plural and the plural shall include the singular as the context may require. Where the context permits, the term "or" shall be interpreted as though it were "and/or". Captions have been used for convenience only and shall not be used in interpreting the Bylaws.

  2. CAPITALIZED TITLES - Capitalized titles, such as Secretary or Treasurer, when appearing alone shall refer to CCSI positions and not to USS or another organization.

  3. PRINCIPAL RULE OF INTERPRETATION - The principal substantive rule of interpretation applicable to these Bylaws is set forth in Section 615.3.

  4. RULE OF INTERPRETATION APPLICABLE TO ARTICLE 610 - Article 610 shall be interpreted generously in order to achieve the intent expressed in Section 610.1.

  5. NOTICE DEEMED GIVEN; WRITINGS DEEMED DELIVERED; LAST KNOWN ADDRESS

    1. Notice by Mail - Notice given and other writings delivered by first class mail, postage prepaid, and addressed to the last address shown on the records of CCSI shall be deemed given or delivered upon the postmark date for all purposes under these Bylaws.

    2. Notice by Fax or Email - Notice given and writings delivered by facsimile or electronic mail shall be deemed given or delivered upon oral, telephonic, electronic or written confirmation of recipient for all purposes under these Bylaws.

    3. Notice by Telephone - Notice given by telephone shall be deemed given only when actually transmitted to the person entitled thereto for all purposes under these Bylaws. (Thus, for example, a message left on an answering machine or similar equipment or with a person other than the intended recipient shall not be notice given prior to the actual receipt by the intended recipient.)

    4. Last Known Address - For all purposes under these Bylaws, the last known address of a member of CCSI shall be the address given in the latest application for registration or membership in CCSI and USS filed with the Membership/Registration Coordinator or; or the address given in a written notice of change of residence filed with that Coordinator. In all other cases the records maintained by the Secretary of CCSI shall be used to ascertain the last known address.

  6. TIME PERIOD CONVENTION - In computing time periods established by these Bylaws, the initial time period (days or hours) shall not be included but the last period shall be included.

  7. WAIVER OF NOTICE CONVENTION - Untimely or insufficient notice for any meeting held under the authority of these Bylaws shall be considered to have been waived if a member attends or participates in the meeting to which such notice referred or to which notice was lacking without, at the earliest opportunity, raising an objection of untimely or insufficient notice having been given for such meeting. If the member is a Group Member Representative, then the relevant Group Member shall be treated as having waived the untimely or insufficient notice to the same extent.

DEFINITIONS - When used in these Bylaws, the following terms shall have the meanings indicated in this Section, and the definitions of such terms are equally applicable both to the singular and plural forms thereof. Where a cross reference to another Section of the Bylaws appears within a definition, the definition is qualified by the more complete definition found in that Section. Additional definitions applicable solely to Article 610 are set forth in Section 610.2. For an additional definition applicable solely to Article 612, see Section 612.3:

  1. "Active Individual Member" shall mean an individual other than a Coach Member, or an Athlete Member or a Seasonal Athlete Member who is a trainer, manager, official, meet director, marshal, Board Member, At-Large House Member, officer or committee chairman or member, coordinator, or a Group Member Representative or alternate and any other individual actively participating in the affairs of CCSI or the sport of swimming and who is in good standing as an Individual Member of CCSI and USS. (See Section 602.1.2.A.)

  2. "Affiliated Group Member" shall mean any organization which supports the sport of swimming and the objectives and programs of CCSI and USS, but which does not have Athlete Members and Coach Members, which is in good standing as a Group Member of CCSI and USS, and which is neither a Club Member or Seasonal Club Member of CCSI. (See Section 602.1.1.B.)

  3. "Affiliated Group Member Representative" shall mean the individual appointed to represent a Affiliated Group Member in the House of Delegates. See Section 604.1.1.

  4. "Affiliated Individual Member" shall mean any individual interested in the objectives and programs of CCSI who resides, formerly resided or participated in the sport of swimming in the Territory, who is in good standing as a member of CCSI and USS and who is not an Active Individual, Athlete or Coach Member. (See Section 602.1.2.D.)

  5. "Article" shall mean the principal subdivisions of these Bylaws.

  6. "Articles of Incorporation" shall mean the document filed with the Secretary of State, State of California pursuant to which CCSI was formed.

  7. "At-Large Board Member" shall mean those Board Members designated as such. (See Section 605.2.)

  8. "At-Large House Member" shall mean the Individual Members appointed by the General Chairman to be members of the House of Delegates. (See Section 604.1.2)

  9. "Athlete Member" shall mean any individual who competes or has competed during any part of the three (3) immediately preceding years in the sport of swimming and is in good standing as an Individual Member of CCSI and USS. (See Section 602.1.2.A.)

  10. "Athlete Representative" shall mean the Athlete Member elected to represent athletes in the House of Delegates and on the Board of Directors pursuant to Section 604.1.3.

  11. "Board Member" shall mean a member of the Board of Directors. Where the contexts requires, the term not include the Athlete Representatives or the Coach Representatives.

  12. "Board of Directors" shall mean the Board of Directors of CCSI.

  13. "Board of Review" shall mean the investigative and judicial body of CCSI established pursuant to Section 610.3.

  14. "Business Day" shall mean a calendar day which is not a Saturday, a Sunday or a legal federal or state holiday anywhere within the Territory.

  15. "Bylaws" shall mean these bylaws as adopted by, and in effect for, CCSI.

  16. "Club" shall mean an organization that has athletes and coaches engaged in the sport of swimming.

  17. "Club Member" shall mean any club or other organization which is in good standing as a Group Member of CCSI and USS and has athletes and coaches and participates in the sport of swimming. All athletes and coaches of the club or organization must be Individual Members in good standing with CCSI and USS. (See Section 602.1.1.A.)

  18. "Club Member Representative" shall mean the individual appointed to represent a Club Member in the House of Delegates pursuant to Section 604.1.1.

  19. "Club Safety Coordinator" shall mean the Active Individual Member designated by each Club Member to serve as its liaison with CCSI and USS concerning safety matters. (See Section 602.2.3.)

  20. "Coach Member" shall mean any individual, whether or not affiliated with a Group Member, who has satisfactorily completed all safety and other training required by CCSI and/or USS and who is in good standing as a member of CCSI and USS. (See Section 604.1.4.)

  21. "Coach Representative" shall mean the Coach Member elected to represent the coaches in the House of Delegates and the Board of Directors. (Section 604.1.4.)

  22. "Executive Committee" shall mean the committee of the Board of Directors which may act for the Board of Directors between meetings. (See Section 605.7.)

  23. "FINA" shall mean the Federation Internationale de Natation Amateur, the international governing body for the sport of swimming.

  24. "Group Members" shall mean Club Members, Seasonal Club Members and Affiliated Group Members.

  25. "Group Member Representative" shall mean the individual appointed to represent a Group Member in the House of Delegates. See Section 604.1.1.

  26. "House of Delegates" shall mean the House of Delegates of CCSI as established by Article 604 of these Bylaws.

  27. "Immediate Past General Chairman" shall mean the individual who is the immediate past General Chairman of CCSI, except when that person became immediate past General Chairman by virtue of the House of Delegates taking action pursuant to Section 604.4.10, the Board of Directors taking action pursuant to Section 605.6.12 or the House of Delegates failing to reelect that person to another term sought by that person. The Immediate Past General Chairman shall serve for the duration of the successor General Chairman's term. If the office of Immediate Past General Chairman becomes vacant for any reason, including the exception set forth in the initial sentence of this definition, it shall not be filled by appointment or election, but shall remain vacant until another individual becomes Immediate Past General Chairman.

  28. "Individual Members" shall mean Athlete Members, Coach Members, and Active Individual Members, and Life Members and Affiliated Individual Members.

  29. "IRS Code" shall mean the United States Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of any future United States internal revenue law, and shall, when appropriate, also include a reference to the Treasury Regulations issued thereunder.

  30. "Life Member" shall mean any individual who is a life member of USS and CCSI and who resides, formerly resided or participated in the sport of swimming in the Territory and who is in good standing as a member of CCSI and USS. (See Section 602.1.2.F.)

  31. "Local Swimming Committee" or "LSC" shall have the meaning ascribed thereto in the USS Code. CCSI is a Local Swimming Committee.

  32. "Member" shall mean a Group Member or an Individual Member.

  33. "National Board of Review" shall mean the Board of Review of USS established pursuant to Part Four of the USS Code. Where the context requires, a reference to the National Board of Review shall include a reference to the USS Board of Directors when that body is acting upon an appeal from the National Board of Review.

  34. "Nominating Committee" shall mean the committee of the House of Delegates charged with nominating candidates for elective offices of CCSI. (See Section 604.8.)

  35. "Policies and Procedures Manual" shall mean the policies and procedures manual of CCSI, as amended, adopted by the Board of Directors or the House of Delegates. If CCSI does not have a Policies and Procedure Manual, then the reference shall mean the relevant meeting minutes, orders and resolutions of CCSI.

  36. "Parliamentary Authority" shall mean the authority and any special rules of order designated in Article 613.

  37. "Seasonal Athlete Member" shall mean any individual who participates or competes in the sport of swimming and has joined for certain periods of time not longer than 150 days each in a calendar year and is in good standing as a Seasonal Athlete Member of CCSI and USS. (See Section 602.1.2.E.)

  38. "Seasonal Club Member" shall mean any organization which has joined CCSI and USS for certain periods of time not exceeding 150 days each in a calendar year and is in good standing as a seasonal club member of CCSI and USS. (See Section 602.1.1.C.)

  39. "Section" shall mean the subdivisions of the Articles of these Bylaws.

  40. "Senior Athlete Representative" shall mean the Athlete Representative senior in term of office or, in cases where there are more than two Athlete Representatives, the Athlete Representative designated in accordance with Section 604.1.3.

  41. "Standing Committee" shall mean a committee of CCSI listed in Sections 607.1, 607.2 or 607.3.

  42. "Territory" shall mean the geographic territory over which CCSI has jurisdiction as a Local Swimming Committee. (See Section 601.3.)

  43. "USS" shall mean United States Swimming, Inc., an Ohio not-for-profit corporation which is the national governing body for the United States for the sport of swimming.

  44. "USS Board of Directors" shall mean the Board of Directors of USS.

  45. "USS Code" shall mean the code of rules and regulations, as adopted and amended by USS.

  46. "USS House of Delegates" shall mean the House of Delegates of USS.

  47. "USS Legislation Committee" shall mean the Legislation Committee of USS created pursuant to Article 512 of Part Five of the USS Code.

  48. "USS Legislation Sub-committee" shall mean the sub-committee of the Legislation and Redistricting Committee of USS created pursuant to Section 6202 of Part Six-C of the USS Code.

  49. "CCSI" shall mean the California not-for-profit corporation to which these Bylaws pertain.