Mcallen Swim Club By-Laws

McAllen Swim Club By-Laws

Updated 4/13/15

Philosophy

To develop and maintain a swim program that will (a) foster a desire in swimmers to develop themselves to their full potential; (b) encourage steady improvement in physical and mental health, and (c) instill self-discipline and an attitude of respect for oneself and others.

ARTICLE I

Name of Organization, The official name of the organization operating under bylaws is McAllen Swim

Club, Inc. McAllen Swim Club, Inc., is an incorporated, non-profit, tax-exempt organization. McAllen

Swim Club, Inc., is a member of United States Swimming and a member of South Texas Swimming. It is hereinafter referred to as “McAllen Swim Club.”

ARTICLE II

Object To encourage an interest in swimming as a sport and as a life-long habit.

ARTICLE III

Members: any person shall be eligible for membership in McAllen Swim Club regardless of race, sex, age, religion or place of residence.

Membership in McAllen Swim Club shall be voluntary and will be classified as follows:

Student and /or Competitive Members: Consisting of those persons engaged in aquatic training, in preparing for, or in participation in organized aquatic events under the auspices of the McAllen Swim Club, and who are current in their membership dues and fees.

Parent Members: Consisting of all parents, guardians or sponsors of competitive and student members.

Associate Members: Consisting of those persons who have been appointed by the McAllen Swim Club executive board upon recommendation of the school district, city commission, chamber of commerce, civic organizations or other organized group to represent that group in McAllen Swim Club activities.

Dues: Dues shall be established by the executive board and shall be determined by the current budget. Each member must pay, as determined by and within the time and on the conditions set by, the board of directors, an initiation fee, and monthly dues to be determined and in amounts to be fixed from time to time by the board of directors. If the monthly dues payment is not received in full by the last day of the month, a notice of delinquency will be e-mailed. If Parent/Guardian fails to pay any delinquent dues or assessment, including late fees, within 14 days from the date of such notice of delinquency, the Swimmer shall be suspended from further participation in all McAllen Swim Club activities, including, but not limited to, practices and meets. McAllen Swim Club By-Laws

If Parent/Guardian becomes delinquent in payment of dues or assessments because of financial hardship, he/she may apply to the board for a waiver of late fees and suspension. A waiver may be granted if satisfactory arrangements are made for payment of the delinquent amounts. He/she may also apply for a scholarship once the account is current.

Termination of Membership: Causes of termination. The membership of a member shall terminate upon occurrence of the following events: (i) The resignation of the member, (ii) The failure to pay dues within the times set forth by the board of directors (iii) The determination by the board of directors or a committee designated to make such determination that the member has failed in a material and serious degree to observe the rules of conduct of the corporation or has engaged in conduct materially and seriously prejudicial to the interest and purposes of the corporation.

ARTICLE IV

Officers: The officers of this club – president, vice-president, secretary, and treasurer – shall be elected by ballot by a majority vote at the election meeting or annual meeting of the club. A swim director shall be appointed by the executive board.

President may order meetings of the executive board when and where he shall deem it necessary. The president shall preside at all meetings of the Club and shall perform such other duties as pertain to the office of the president.

Vice-president shall act as aide to the president and shall perform the duties of the president in the absence or disability of that officer to act. The vice-president shall be in charge of fund raising projects selected by the membership.

Secretary shall record the minutes of all meetings of the club and the executive board and shall perform such other duties as may be delegated to the position. The Secretary shall also handle all correspondence and newsletters for the club.

Treasurer shall have custody of all of the funds of the club; shall keep a full and accurate account of receipts and expenditures; and shall make disbursements in accordance with the approved budget, or as authorized by the executive board. The treasurer shall present a financial report at every executive board meeting and at other times as requested by the executive board. The treasurer shall make a full report at the annual meeting. The treasure’s accounts shall be examined annually by an auditor or an auditing committee of not less than three members, who, satisfied that the treasure’s annual report is correct, shall sign a statement of that fact as the end of the report. The auditing committee shall be appointed by the executive board within one month following the annual meeting.

Swim Director shall be responsible for the swimming programs and their administration. He/she will be responsible for the development of a complete age group swim program for swimmers wishing to participate in local, state, regional, and national swimming meets. He/she will recommend assistant coaches to the Board to be hired by the Board for the swim program.

Assistant Coaches shall assist the Swim Director in conducting the swim program. They shall receive all directions and duties from the Swim Director and report to him/her in all matters.

Election of Officers McAllen Swim Club By-Laws

Prior to the annual meeting, the executive board will appoint a committee to prepare a slate of officers for nomination. Nominations may be made from the floor with the approval of the nominee. These officers shall come from parent members.

Election of officers shall occur at the annual meeting, to be held in April of each year. Election of officers shall be by a majority vote of the members present at the annual meeting. Starting in 2016, the election of officers will be alternating with the President from 2016-2018, Vice President from 2016-2017, Secretary from 2016-2018, and the Treasurer from 2016-2017. Following the changes in election years, the term of office shall be for two years. A delinquency in dues of 30 days or more shall be taken as a resignation. A resignation during a term of office shall be filled by executive board appointment.

Article V

Meetings: the annual meeting of the parent and associate members shall be called each April at which time there shall be an election of officers to fill vacancies. All parents and associate members shall be notified by mail not less than seven days prior to this meeting or any special meeting.

The budget shall be approved by the membership at an announced meeting between the April meeting and June 1. The executive board shall meet monthly to carry out the management of the club. All members may attend these meetings.

Article VI

Executive Board: The Management of McAllen Swim Club, shall be delegated to an executive board consisting of the president, vice-president, secretary, treasurer, swim director and the chairmen of standing committees. The executive board may request the assistance of any member of McAllen Swim Club in carrying out the management of the organization.

Article VII

Committees: The Swim Director and three members of the club appointed by the executive board shall compose the coaching committee. This committee shall be the liaison between the members and the swim director. Any action of the committee shall be subject to the approval of the executive board.

Article VIII

Parliamentary Authority: The rules contained in Robert’s Rules of Order, Revised, shall govern the club in all cases to which they are applicable, and in which they are not inconsistent with the bylaws of the special rules of order of this club.

Article IX

Amending Bylaws These bylaws may be amended at the annual meeting of the club by a two-thirds vote of the members present and voting(a quorum must be present), provided that notice of the proposed amendment shall have been given in writing one week prior to the meeting.

Quorum Five parent and/or associate members shall constitute a quorum for any meeting of McAllen Swim Club.

Article X McAllen Swim Club By-Laws

Indemnification Each person who is or was a director, officer, or employee of the corporation (including the heirs, executors, administrators, or estate of such person) shall be indemnified by the corporation to the full extent permitted by the Nonprofit Corporation Law of the state of Texas against any liability cost or expense incurred in the capacity as director, officer, or employee, or arising out of the status as a director, officer, or employee (including serving at the request of the corporation as a director, officer, employee, or agent of another corporation).

The corporation may maintain insurance, at its expense, to protect itself and any such person against any such liability, cost, or expense.

Article XI

Handbook A handbook will be maintained and may be amended, altered, or changed at the discretion of the Executive Board.

The Duties of the Executive Board shall be:

1. To negotiate with other clubs to improve and encourage swimming activities.

2. To admit to membership amateur athletes that have been recommended by a member in good standing of the McAllen Swim Club and approved by the Swim Director.

3. To suspend or terminate the privilege of membership or participation in club functions for infractions of the handbook and, or the bylaws of the club.

4. To call regular and special meetings of the organization and to fix the time, place, and date for holding all meetings not fixed by the bylaws.

5. To explain, define, and interpret any provision of the bylaws and or handbook upon the request of a member.

6. To contract with all coaches, the swim director, and other persons required by the club and to set compensation rates.

7. To be responsible for the financial business of the Club, which shall include preparing and approving in advance the annual budget.

8. To conduct an annual membership meeting in April. Special meetings of the membership may be called by the executive board.

9. To execute all contracts and documents and to do each and every act necessary in conducting an directing the business of the McAllen Swim Club. McAllen Swim Club By-Laws

Code of Conduct Policy- Swim Club Member I. Need for a Policy The McAllen Swim Club has a behavior policy for all members of the Club. The policies identify generally certain rules of conduct and expected standards of behavior. The policies also outline the possible consequences of inappropriate behavior. This policy provides guidelines for the Board, swimmers, coaches, and chaperones concerning the behavioral expectations desired for swimmers. II. Statement of Policy A. It is the purpose of McAllen Swim Club to promote the sport of swimming and in the process help to develop the character of the individual swimmers. B. For the orderly operation of the McAllen Swim Club, certain rules, regulations and procedures for enforcing same must be established. Personal conduct must not bring discredit to the individual swimmer, his/her parents or guardian, fellow team members or coaches, or the McAllen Swim Club. C. This Code of Conduct shall apply to swimmer’s conduct while a member of the McAllen Swim Club, whether or not occurring during or at an activity or function that is associated with the McAllen Swim Club. III. Policy A. Encouraged and expected behaviors: 1. Parents shall exhibit good sportsmanship by conducting themselves in a manner that earns the respect of all swimmers, parents, officials and coaches. 2. Open and respectful communication between parents, swimmers and coaches that emphasizes goal-setting to meet the performance expectations of both the swimmer and the parents. 3. Involvement and commitment in supporting all team activities including organizing and running meets, fundraising, swimmer social events and banquets. 4. Positive reinforcement of all swimmers. 5. Maintaining self-control and knowing the role of a parent: Swimmers – Swim Coaches – Coach Officials – Officiate Parents – Parent B. The following behaviors will not be tolerated: 1. Abusive and/or disrespectful language and actions towards coaches, swimmers, parents or officials. 2. Interference with or disruption of coaches on the deck. 3. Interference with the coach’s coaching of swimmers. IV. Sanctions Should behavior bring discredit or discord to the McAllen Swim Club or USA Swimming, the involved parent voluntarily subjects themselves to disciplinary action by the Board of Directors or designated subcommittee of the Board. The McAllen Swim Club maintains the right to terminate any membership in the interest of our Club’s vision, mission and objectives. V. Discipline Management The following are the disciplinary actions that will be used when a swimmer conducts himself/herself inappropriately as generally described below. Level I - Deals with behavior that is: somewhat disruptive to the team; does not portray the McAllen Swim Club in a good light; or other actions that are not in compliance with appropriate behavior as a member of the team or society in general. McAllen Swim Club By-Laws

Level II – Deals with behavior that is: considered significantly disruptive to the team; has a detrimental effect on one’s self, other members of the team or the general public; causes significant damage to the reputation of the club; or may lead to the injury of self or other persons. Level III –Deals with behavior that is: considered very severe and disruptive to the team; or likely to cause significant harm or injury to yourself or others. These are actions that are so detrimental that is not desirable to have such a person associated with the team. Upon disciplinary action towards the athlete/parent/mentor/coach that member has ten business days to appeal to the board before that disciplinary action occurs.