To promote swimming as a lifelong sport while
offering a competitive and instructive program that encourages swimmers of all
abilities. The South East Aquatics will stress the importance of physical
fitness and promote excellence at all levels while helping athletes grow into
productive members of society. The South East Aquatics will strive to develop
healthy self-esteems, hard work ethics and teach the importance of respect for
all athletes, coaches and members of our community.
CODE OF BY LAWS
Current By Laws 10/15/2016
Section 1. The name of
the organization shall be Pella Swim Club, DBA “South East Aquatics”.It is intended that the South East Aquatics
be and continue to be a non-profit organization.
Section 2. The mailing
address of the club shall be South East Aquatics, PO Box 832, Pella, IA 50219
Section 3. The calendar
year of the club shall commence on the 1st day of September and end on the 31st
day of August.
Section 1.The membership of the club shall be that of the
parents of the members of the swim club, more specifically defined as those who
are participating in theswim program.
membership shall be open to any resident of the State of Iowa and those that
fit the requirements set forth by USA Swimming.
membership shall also be contingent upon payment of such periodic registration
fees, membership dues and fundraising fees as the Board of Directors and
Officers may designate from time to time.
swimmer is required to pay an annual ISI (Iowa Swimming Inc.) fee.This fee is for insurance and is required
prior to swimming, except for those swimmers who are "trying out"
during a 2-week trial period.During
the 2 week trial period they would not be covered under the ISI swimming
shall be payable as set forth by the Board of Directors and specified in the
Athlete/Parent Handbook.They will be
published in the Athlete/Parent Handbook each year and placed on the team
winter term is to extend from Sept.1-March 31.The summer term is to extend from April 1- August 31.
family current in dues shall be entitled to one vote at general meetings.
expenses will be paid from club treasury, consisting of dues, fundraising and sponsorship
needing financial assistance will be considered for scholarship funds, if
Section 10.A coach’s
contract shall be set forth by the Board of Directors with the 4 executive
cabinet members hiring and structuring the coach’s pay and cost
allowances.The 4 executive cabinet
members shall include President, Vice President, Secretary and Treasurer.
Section 1.The South East Aquatics is organized
exclusively for the education of swimming (Section 501(c) (3) of the Internal
Revenue Code) and to provide theopportunity
and facilities for the development of good sportsmanship, self-discipline and
team play through the acquisition of skills necessary for competitive swimming.
RIGHTS AND LIABILITIES OF MEMBERS
Director, officer, members or authorized agent or representative, of the club
shall be liable or responsible for any debts or liabilities of the club.
members shall have one (1) vote on all matters brought before a vote of the
membership; provided, however, if both parents or legal guardians of an athlete member are
regular members, then such parents or guardians shall only have one (1) vote
members shall vote only for the athlete representatives to serve on the board
MEETINGS OF MEMBERS
club shall hold a meeting of the membership annually during the fiscal year for
the purpose of reviewing the activities and financial affairs of the club,
electing a Board of Directors, and conducting such other business as may
properly come before the meeting.The
club may also hold other special meetings of the membership as may be necessary
from time to time to properly conduct the affairs of the club.Such a special meeting may be called by the
President of the
Board of Directors, or by a majority vote of the Board of
Directors, or upon the written request of at least ten- percent (10%) of the
meetings of members shall be held at a convenient hour and place designated by
the Board of Directors.The Board of
Director meetings and annual meetings are public and must be posted and members
notified within 10 days of a scheduled meeting.
any meeting of the membership attendance in person of at least fifteen percent
(15%) of the regular members shall constitute a quorum.Only regularmembers
present at the meeting shall have the right to vote, as there shall be no
voting by proxy.Unless otherwise
established by the Articles of Incorporation or these by-laws, the decision of
a majority of the members voting shall be the decision of the club.
South East Aquatics shall have at least one annual meeting at a date and place
to be designated by the Board of Directors.
BOARD OF DIRECTORS
Board of Directors shall consist of a minimum four (4) voting members and no
more than nine (9) voting members. The elected Board Member shall serve for a
term of 3 years.The first general
election shall be held during the fall 2011 general meeting, with 3-4 board
members being elected to serve for 3 years, 3-4 board members to serve for 2
years, and 3-4 board members to serve for 1 year.The Head Coach shall serve as a non-elected
member on the Board of Directors. The outgoing President shall serve 1 year on
the Board as Ex-Officio non-voting member.
General Assembly shall vote 7 voting member positions as laid out below.
Board of Directors with voting power shall consist of the following with a
minimum of 4 members:
A.President (Voting member)
B.Vice-President (Voting member)
C.Secretary (Voting member)
D.Treasurer (Voting member)
E.Head Safety Official (Voting member)
F.Member at large (Voting member)
G.Member at large(Voting member)
H.Member at large (Voting member)
I.Sr. Athlete Member (Voting member) –elected by
registered athlete club members
voice of the following members with non-voting power should be strongly
considered when items are called to a vote.
B.Ex-Officio outgoing president
Athlete Member/s serve for one year and can serve up to 3 consecutive
years.The Athlete Member is to be
selected by registered athlete club members.
Board shall meet regularly to carry out the objectives of the club. A quorum is
50% of attendance plus one.A quorum is
required to vote on an action or motion.
Board shall maintain a website/blogavailable to all current registered members.
voting Board Member shall have one (1) vote on all matters brought before a
vote of the membership.If multiple
family members serve on the Board, they shall vote as a unit.The Board Member holding the higher
office will cast the vote.
RESPONSIBILITIES OF DIRECTORS
duties and powers of the Board of Directors shall be such as usually devolve
upon the directors of any club or association and may include the selection of
place, fixing the date, making all arrangements for whatever data the BOD deems
essential to the benefit of the club.The BOD shall have the power to adopt rules and regulations, and to
alter and amend the same from time to time, for the conduct of the business and
activities of the club.The Board of
Directors shall have the authority to generally conduct all of the lawful
affairs of the club, including but not limited to, entering into any contracts,
leases, or other agreements necessary to carry out the purposes of the club and
retaining of persons to provide special services to the club.However, the Board of Directors may not
exercise any powers relating to entering into a contract or agreement for the
purchase or sale of real estate.This
matter may only be accomplished by a vote of the membership.
The BOD shall otherwise exercise all of the powers of the
club as permitted by law, subject to the provisions of the Articles and these
A.President: Establish dates and times of board meetings and general
meetings.Preside at board meetings and
general meetings.Work with BOD to set
up contracts (pool, coaches) as needed.Review Constitution and By-Laws every two years.Co-Sign treasurer's checks as needed.Assist Club Secretary and Vice President as
needed when Developing/Updating Club Athlete/Parent Handbook.
B.Vice-President: Assume President's responsibilities in his/her absence.
Coordinate club publicity (meet results, new sessions, etc.) Co-Sign
treasurer's checks as needed.Develop/Update Club Athlete/Parent Handbook with Club Secretary &
C.Secretary:Record minutes of board
meetings and general meetings. Handle club correspondence, as needed. Maintain
a roster of current members. Develop/Update Club Athlete/Parent Handbook with
Club Vice President and President – proofread the handbook and work with
Website Manager to post on website.Oversee website management if no representative is elected.
D.Treasurer:Keep financial records of all
club receipts and expenditures and update all club family and bank account
bookkeeping by the 15th of each month.Deliver dues statements to members and
collect dues, including registering new members.Write checks as needed to host clubs and
collect splash/event fees for meets from members.Prepare 1099's for coaches as needed.Obtain co-signature of either President or
Vice President on all checks for more than $3000.Provide names of new members to Secretary for
roster.Collect time cards from coach
and pay coach(s) monthly salary.
Oversee fundraising and sponsorship committees if no fundraising/sponsorship
representative is elected.
E.Athlete Members (1 Sr. position):Bring concerns representing team athletes to
board.Represent athletes of the South
East Aquatics with pride and respect.
F.Member(s) at Large (3 positions):To serve as a liaison between the Board of
Directors and the parents and athletes of the club.To bring concerns,ideas or issues
from club parents or athletes to the Board of Directors.To provide feedback from the Board of
Directors directly to members who have brought forth issues, ideas or
concerns.One of the three positions
would ideally be filled by a parent, guardian, or grandparent from the outlying
communities participating in the club.
G.Head Safety Official: Review safety and insurance information as received
from ISI.Periodically do poolside
safety checklist with coach.Providesafety instructions to swimmers.Have safety information included in
newsletters.Prepare insurance claim
forms or accident report forms as needed.
Section 10. The Board of
Directors shall annually elect the officers from among the elected BOD.A majority vote of the board shall be
necessary for the election ofofficers.The offices listed in Article VI section 1,
may be held by the same person at the discretion of the Board of Directors.
Section 11. In case of
absence of any officer of the club, or for any reason that the Board of
Directors may deem sufficient, the Board of Directors may delegate thepowers or duties of such officer to any other officer or to
another director, for the time being, provided a majority of the directors
concurs therein.If a board member
misses 3 consecutive board meeting or chooses to not vote 4 consecutive times,
this constitutes reason to terminate their duties as a board member.Any vacancy in the Board of Directors, caused
by death, resignation, or disqualification of a director shall be filled by a
majority vote of the remaining directors for the remaining term of such
Section 12.The BOD shall meet regularly
(at least once per season) to carry out the objectives of the club. A quorum
must exist in order to hold a vote.
Section 13. Special
meetings of the Board of Directors shall be held on the call of the President
or a majority of the directors.
Section 14. An
individual shall only be eligible for appointment as one of the elected members
of the Board of Directors, or to otherwise hold any position as an officer,
after such individual has had a son, daughter or grandchild participating as a
swimmer in the swim club for a period of one (1) full season.For an Executive Officer to remain in an
executive office, they must have a current athlete member as part of South East
Aquatics. Non-Executive Officers may take no more than one season off during
their term to remain a member of the Board.
Section 15.The club’s directors and
officers shall perform their duties without any conflict of interest with any
other person or organization.All
directors and officers shall remove themselves from discussing and voting on
any motions; refrain from any official actions; directly or indirectly, that
creates a conflict of interest.The
Board of Directors may also deem a conflict of interest of any of the club’s
directors or officers. The Board of Directors may disqualify that director or
officer, provided a majority of the directors concurs therein.
Section 16. The term of
each director shall be three (3years, with two (2-3) directors being elected
each year. There shall be no term limits on the number of consecutive years one
shall serve on the Board of Directors.)
Section 17.The existing Board of Directors
shall retain power until the first meeting of the Board of Directors after the
fall election of new board members.At
said meeting officers for the upcoming year shall be elected and power
transferred to the new Board of Directors.
Section 18.The Board of Directors shall
not re-vote on an item within a6month period of the initial
vote unless there are major changes made or unanimous support from the board to
call a re-vote on an item is achieved.
Section 19.Should the board call a policy
related item to a vote and the result be a tie, the president will request a
re-vote.Should the vote remain a tie
the item then fails because it did not receive a majority vote.
Section 20Should the non-policy related
items being voted on receive tied support and a decision must be made, the
President shall call a re-vote, should the items remain tied then the President
shall oversee the final decision of which item to carry through.
INDEMNIFICATION OF DIRECTORS AND OFFICERS
The club shall indemnify any person made a party to any
action, suit, or other proceeding by reason of the fact that such person, or
his successor or assign, is or was a director, officer or employee of the club
against the reasonable expenses, including attorney fees actually and
reasonably incurred in connection with the defense action, suit or
proceeding.The club may reimburse to
any director, officer, or employee the reasonable costs of settlement of any
action, suit or proceeding if it shall be found by a majority of the regular
members that it was to the interests of the club that such settlement be
made.Such rights or indemnification and
reimbursement shall not be deemed exclusive of any other rights to which such
director, officer, or employee may be entitled apart from the provisions of
CONTRACTS, CHECKS, NOTES, ETC.
The President or Treasurer of the club shall unless
otherwise directed by the Board of Directors, sign all contracts and agreements
authorized by the Board of Directors. All checks and drafts issued by the club
shall be signed by the President or Treasurer, or such other person as may be
from time to time so authorized by the Board of Directors.
Section 1.The South East Aquatics shall have and continue
to have an organization which is exempt from federal income taxation Section
501(c)(3) of the Internal Revenue Code, and to which contributions, bequests,
and gifts are deductible for federal estate and gift tax purposes under Section
170(c), 2055(a)(2) 2522(a)(2) thereof, respectively.
club shall, at all times, be operated on a non-profit basis in furtherance of
the goals and objectives of the swim club and its underlying programs. Members
shall receive no dividends or other interests in the assets of the club.No part of the earnings of the club shall
inure to the benefit of, or be distributable to, its members, officers,
Directors, or any other private persons or corporations, except that the club
shall be authorized and empowered to pay reasonable compensation for services
rendered and expenses incurred related to club business.
substantial part of the activities of the club shall be carrying on or
propaganda or otherwise attempting to influence legislation and the club shall
notparticipate in any political campaign
on behalf of any candidate for public office.Notwithstanding any other provision of the Articles of Incorporation or
these by-laws, the club shall refrain from engaging in any other activities not
permitted of any tax-exempt organization under the Internal Revenue Code.
withstanding any other provisions of these Articles, this organization shall
not carry on any activities not permitted to be carried on (a) by an
organization exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code pf 1986 or the corresponding provisions of any future
U.S. Internal Revenue Law); or (b) by an organization to which contributions
are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or
the corresponding provision of any future U.S. Internal Revenue Law).
TERMINATION AND DISSOLUTION
The club may be terminated and dissolved upon the
affirmative vote of at least two-thirds (2/3) of all regular members entitled
to vote.In the event of such
termination or dissolution, the Board of Directors shall, after paying or
making provision for the payment of all liabilities of the club, make a
determination for the further disposition of any additional assets or net worth
of the club, consistent with the original intent of this club.It is further provided that the assets of
this club shall be distributed to a fund, foundation or corporation organized
and operated exclusively for the purposes specified in Section 501(c)(3) of the
Internal Revenue Code, or as it may be hereafter amended.
AMENDMENT OF BY-LAWS
The power to make, alter, amend, or repeal these by-laws is
vested in the Board of Directors.The
affirmative vote of a majority of the actual number of Directors elected and
qualified, from time to time, shall be necessary to effect any alteration,
amendment, or repeal of this Code of By-Laws.
Original set of By-Laws Approved by the General Assembly:
Amended set of By-Laws Approved by Board of Directors:
Amended set of By-Laws Approved by the Board of Directors:
Amended set of By-Laws Approved by the Board of Directors:
Amended set of By-Laws Approved by the Board of Directors:
Amended set of By-Laws Approved by the Board of Directors: