BY-LAWS


Original Set of By-laws Adopted 12/13/2010 

Amended 5/13/2013  

Amended 5/19/2014



South East Aquatics
CLUB MISSION STATEMENT
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
Adopted 12/13/2010
Amended 5/7/2013
Amended 5/19/2014
Amended 8/24/2014
Amended 11/22/2015
Current By Laws 10/15/2016

ARTICLE I

IDENTIFICATION

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.

 

ARTICLE II

MEMBERSHIP/CLUB OPERATION

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 the swim program.

Section 2. The membership shall be open to any resident of the State of Iowa and those that fit the requirements set forth by USA Swimming.

Section 3. The 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.

Section 4. Each 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 insurance.

Section 5. Dues 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 website.

Section 6  The winter term is to extend from Sept.1-March 31.  The summer term is to extend from April 1- August 31.

Section 7. Each family current in dues shall be entitled to one vote at general meetings.

Section 8. Club expenses will be paid from club treasury, consisting of dues, fundraising and sponsorship funds.

Section 9. Swimmers needing financial assistance will be considered for scholarship funds, if available.

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.

 

ARTICLE III

PURPOSES

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 the opportunity and facilities for the development of good sportsmanship, self-discipline and team play through the acquisition of skills necessary for competitive swimming.

 

ARTICLE IV

RIGHTS AND LIABILITIES OF MEMBERS

Section 1. No Director, officer, members or authorized agent or representative, of the club shall be liable or responsible for any debts or liabilities of the club.

Section 2. Regular 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 between them.

Section 3. Athlete members shall vote only for the athlete representatives to serve on the board of directors.

 

ARTICLE V

MEETINGS OF MEMBERS

Section 1. The 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 regular members.

Section 2. All 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.         

Section 3. At any meeting of the membership attendance in person of at least fifteen percent (15%) of the regular members shall constitute a quorum.  Only regular members 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.

Section 4. The South East Aquatics shall have at least one annual meeting at a date and place to be designated by the Board of Directors.

 

ARTICLE VI

BOARD OF DIRECTORS

Section 1. The 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.

Section 2. The General Assembly shall vote 7 voting member positions as laid out below.

Section 3. The 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

Section 4. The voice of the following members with non-voting power should be strongly considered when items are called to a vote.

A.     Head Coach

B.     Ex-Officio outgoing president

Section 5. The 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.

Section 6. The 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.

Section 7. The Board shall maintain a website/blog available to all current registered members.

Section 8. A 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

Section 9. The 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 by-laws.

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 & Club President

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.  Provide safety 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 of officers.  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 the powers 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 vacancy.

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 a 6 month 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 20 Should 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.

 

ARTICLE VII

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 these by-laws.

 

ARTICLE VIII

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.

 

ARTICLE IX

NON-PROFIT OPERATION

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.

Section 2. The 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.

Section 3. No substantial part of the activities of the club shall be carrying on or propaganda or otherwise attempting to influence legislation and the club shall not participate 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.

Section 4. Not 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).

 


 

ARTICLE X

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.

 

ARTICLE XI

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: 12-13–2010

Amended set of By-Laws Approved by Board of Directors: 5-7-2013

Amended set of By-Laws Approved by the Board of Directors: 5-19-2014

Amended set of By-Laws Approved by the Board of Directors: 8-24-2014

Amended set of By-Laws Approved by the Board of Directors: 11-22-15

Amended set of By-Laws Approved by the Board of Directors: 10-15-16

 

 

 

Lori Eekhoff

Signature of 1st Witness



Stacey Bacorn

Signature of 2nd Witness



Jennie Hedrick-Rozenberg

Signature of 3rd Witness



Kim Nedder

Signature of 4th Witness



Jyl DeJong

Signature of 5th Witness



Jill DeVries

Signature of 6th Witness



Darci Hammer

Signature of 7th Witness



Dave Pollard

Signature of 8th Witness



Carrie Carter

Signature of 9th Witness



Jacob Nedder

Signature of 10th Witness