CITY AQUATIC CLUB, INC.ATLANTIC
BY
-LAWSAs
Amended, October 6, 2008THESE BY-LAWS are amended and entered into as of the 6th day of October, 2008, by and among ATLANTIC CITY AQUATIC CLUB, INC., a New Jersey not-for-profit corporation, and the undersigned Executive Board of Directors. This party hereto acknowledges and agrees that this agreement shall serve to replace, super cede, and terminate those certain BY-LAWS, including any amendments, dated before October 6, 2008 by and among the Executive Board of Directors of the ATLANTIC CITY AQUATIC CLUB, Inc.
Article I – Organization
SECTION 1. INCORPORATION – ATLANTIC CITY AQUATIC CLUB, INC., herein called the ACAC, is incorporated in the State of New Jersey, as a non-profit organization, and shall be managed at all times in such a manner as to qualify the Corporation for such exemption.
SECTION 2. PURPOSE – The object and purpose of the Corporation is educational (in compliance with the meaning of Section 501 (c) (3) of the Internal Revenue Code), namely to teach swimming skills to children, and pursuant to such educational purpose, to encourage physical fitness through swimming club competition. The Corporation is not organized and shall not be operated for pecuniary gain or profit, and shall have no capital stock and no stockholders.
The purpose of the ACAC can extend to include other recreation programs adopted by action of the Executive Board of Directors notwithstanding any other provision of these articles. The ACAC shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code or the corresponding provision of any future federal tax code.
SECTION 3. MANAGEMENT – The ACAC shall be managed by an Executive Board of Directors, herein called the Executive Board, acting in accordance with these By-laws.
ARTICLE II – Objectives & Purpose
SECTION 1: OBJECTIVES AND GOALS OF THE ACAC.
A. Support and help promote a competitive swim team program, and promote the sport of competitive swimming through, but not limited to, all meets sponsored and attended by the swim team
B. Develop and encourage all swimmers to their highest potential and abilities
C. Enable swimmers to feel good about themselves, grow as individuals, learn competitiveness, and work effectively with all coaches and teammates
D. Encourage swimmers to understand that the growth and development of each swimmer includes not only physical improvement, but also mental, spiritual, and emotional development
E. Promote team spirit, good sportsmanship, and other values at all times
F. Provide support, as needed, to the organization, the swim team, and all sponsored meets
G. Foster an interest in a competitive swimming program in the community by giving everyone in the community an opportunity to engage in swimming
Article III – Membership
SECTION 1. MEMBERSHIP – The membership of the ACAC shall consist of each family household having at least one swimmer participating in the ACAC’s competitive swimming activities; provided, however, that only one membership shall be available to each family household regardless of the number of swimmers participating in the ACAC’s swimming activities. All swimmers and parents/legal guardian(s) with membership fees in good standing shall be members of the ACAC. Having a swimmer on the ACAC implies a willingness to serve as a member of its Boards or its Committees and/or actively assist in the administrative support required in the operation of the ACAC.
SECTION 2. LIMITATION – Membership shall not be limited in number except as required by the availability of coaching and facilities.
SECTION 3. APPLICATIONS FOR MEMBERSHIP - Applications for membership in the ACAC shall be made in writing on forms furnished for such purpose and shall be subject to approval by the Executive Board. Membership will be renewed on an annual basis in conformity with the fiscal year as provided in these By-Laws.
SECTION 4. SUSPENSION AND EXPULSION - The suspension and expulsion of members shall be governed by these By-Laws, the Team Handbook, policies, rules, and regulations as established by the Executive Board.
SECTION 5. MEMBERSHIP YEAR - The membership year is from September 1st through August 31st of each calendar year.
SECTION 6. RESPONSIBILITIES OF MEMBERS – The responsibilities of the members will be to support the goals of the ACAC. These will include, but not be limited to the following:
A. To volunteer time to work meets as required
B. To not interfere with the officers and coordinators of the program and coaching of the swimmers
C. To recognize that the actions of the coaching staff are intended to be in the best interest of the team
D. To communicate concerns, criticisms, and feedback to the appropriate individual, and at the appropriate time and place
Article IV – The Boards
SECTION 1. EXECUTIVE BOARD COMPOSITION – The officers of the Executive Board shall be elected by a majority vote of the membership at the fall annual meeting, shall be members in good standing of the ACAC throughout their tenure, and shall be comprised of the following positions:
1. President
2. Vice-President
3. Treasurer
4. Secretary
5. Platinum Representative
6. Gold Representative
7. Silver Representative
8. Bronze Representative
9. Head Coach
SECTION 2. GENERAL BOARD COMPOSITION – shall be members of the ACAC and shall be made up of Committee Chairs stated in Article VII. Committee Chairs shall report to the Executive Board.
SECTION 3. EXECUTIVE BOARD MEMBER RESPONSIBILITIES –
1. President
a. Shall be the liaison between active members and the Executive Board
b. Shall call General Membership meetings and Executive Board meetings
c. Shall supervise and maintain the business and affairs of the ACAC
d. Shall preside at all Executive Board and General Membership meetings
e. Shall maintain non-athletic USA Swimming credentials annually
2. Vice-President
a. Shall serve in the absence of the President, or, in the event of his/her removal, death, or resignation, shall at once assume the title and duties
b. Shall assist the President in the performance of their duties as requested
c. Shall oversee the chairs of all Committees
d. Shall be responsible for scheduling facilities for major swim meets
e. Shall be a liaison with all official governing groups and notify them of our meet schedule
f. Shall coordinate meet workers for our hosted swim meets
g. Shall maintain non-athletic USA Swimming credentials annually
3. Treasurer
a. Shall be the custodian of all fiscal responsibilities and property belonging to the ACAC
b. Shall develop the appropriate financial controls for approval by the Executive Board and present a monthly financial statement/report at scheduled Executive Board meetings
c. Shall oversee the filing of all legally required tax forms (IRS, state, etc.) including those relating to the payment of compensation to any employees of the ACAC
d. Shall prepare annual budget and a summary financial report at the annual membership meeting from input of the Executive Board
e. May receive prior approval of the Executive Board to hire a payroll service and a tax preparation service
f. Shall Chair the finance and fundraising committee and oversee all fundraising activities
g. Shall perform such other duties as deemed necessary by the President and/or the Executive Board
h. Shall maintain non-athletic USA Swimming credentials annually
4. Secretary
a. Shall take and keep minutes of all Executive Board and General Membership meetings and distribute them to Board members five (5) days prior to the next meeting or at every meeting
b. Shall present meeting agenda prior to or at the beginning of each meeting
c. Shall keep attendance records at Executive Board meetings and inform members after their second absence
d. Shall conduct any business correspondence as required
e. Shall prepare, issue, and maintain a list of Board members’ names, addresses, e-mails, telephone numbers
f. Shall maintain files of written correspondence and a manual/handbook of Board/team policies and procedures
g. Shall see that all notices of meetings are given as required by these By-Laws
h. Shall perform such other duties as deemed necessary by the President and/or the Executive Board
i. Shall act as the Parliamentarian (See Robert’s Rules of Order, Revised Edition)
j. Shall distribute the ACAC correspondence as required
k. Shall maintain contact information for all members and be able to provide communication to the entire membership when required
l. Shall be responsible for the oversight of the ACAC’s Global Connect voice messaging account, including all messages discharged for announcement purposes
m. Shall maintain non-athletic USA Swimming credentials annually
5. Group Representatives (Platinum, Gold, Silver, and Bronze Representatives)
a. Shall attend all Executive Board meetings
b. Shall Chair a Committee as appointed by the Executive Board
c. Shall, from time to time, make and submit to the Executive Board any policies as may be deemed necessary for the proper control, management, and direction of the ACAC activities under its charge to the extent such policies do no conflict with these By-Laws
d. Shall maintain non-athletic USA Swimming credentials annually
6. Head Coach
a. Is interviewed and hired by the fully elected Executive Board by a two-thirds majority vote at a special meeting called for this purpose
b. As a non-voting member of the Executive Board, contribute expertise as it pertains to any discussions about/or policies made concerning the ACAC USA Swim Team
c. Recruit and interview assistant coaches when an assistant coach’s position becomes available and give a written report to the board for approval
d. Shall submit a monthly report on the state of the swim team
e. Shall maintain USA Swimming coaching credentials annually
SECTION 4. TERMS – Terms for each of the following Executive Board members shall be for a period of 2 years – Secretary, Vice President, Silver Representative, Bronze Representative, to be voted on in even numbered years (2008, 2010, etc.). Terms for each of the following Executive Board members shall be for a period of 2 years – President, Treasurer, Gold Representative, Platinum Representative to be voted on in odd numbered years (2009, 2011, etc.). Term of Head Coach shall be for duration of said Coaches employment with ACAC.
SECTION 5. VACANCIES – Should a vacancy occur on the Executive Board for reasons other than normal expiration of term, the President shall nominate a member to fill the unexpired term, and if approved by the Executive Board, the member shall assume the duties of the Director until regular term expiration. Any Executive Board member who becomes ineligible for membership of the ACAC shall automatically forfeit his/her office and such vacancy shall be filled by a nomination of the President and approval by the Executive Board.
SECTION 6. REMOVAL FROM OFFICE – An officer may be removed from a position by a two-thirds majority vote of the Executive Board. A written notice shall be mailed to the officer fifteen (15) days prior to any action taken by the Executive Board. A written notice may be provided by any one (1) board member. The Executive Board shall immediately fill the position of the removed board member by a nomination of the President and approval by the Executive Board.
SECTION 7. BOARD MEETINGS – The Executive Board shall hold a minimum of seven (7) meetings during the ACAC fiscal year. Additional meetings may be called by the President. Board meetings are for the sole purpose of allowing the board members to attend to matters of the swim team. If individuals from the general membership wish to attend any of the Board meetings, they must attend as an observer only and are not to make any comments or attempt to participate in any discussion unless they are addressed by members of the Board.
SECTION 8. DUTIES – The Executive Board shall have the power and authority to set policy and direct the affairs and business of the ACAC as provided in the Articles of Incorporation and these bylaws. The duties of the Executive Board shall be to implement the purposes of the ACAC by setting policies and establishing goals and objectives and to obtain funds for the carrying out of the purposes of the ACAC.
Article V – ELECTIONS AND VOTING
SECTION 1. VOTING AND QUORUM – Each family member household or guardian in the ACAC shall be entitled to one (1) vote in the affairs of the ACAC. Voting shall be in person and only one (1) adult member per family/household of the ACAC shall be counted at all corporate meetings of the ACAC. All matters coming for vote shall be decided by majority vote of those present. The Executive Board shall be elected by vote of the ACAC membership. The General Board shall be appointed by the Executive Board.
SECTION 2. PROXIES – There shall be no proxies.
SECTION 3. ELECTION – The Executive Board positions of Platinum, Gold, Silver, and Bronze Representatives must have a swimmer in that specific group at the time of election and will remain as a representative of that group even in the event that the swimmer changes groups during his or her tenure.
Article VI – Meetings of Members
SECTION 1. BI-ANNUAL MEETINGS – Two meetings of the ACAC shall be held each year. A FALL MEETING shall occur on a weekday evening during the months of September or October. The purpose of this meeting will be to elect new Executive Board positions, to approve any changes to the bylaws, and to receive and approve a budget for the fiscal year. A SPRING MEETING shall occur on a weekday evening during the months of May or June. Date, time, and place of these meetings will be designated by the Executive Board. Appropriate notice of time and place of bi-annual meetings shall be given to each member in good standing.
SECTION 2. SPECIAL MEETINGS – Special meetings of the membership of the ACAC may be called by the President or a two-thirds majority of the Executive Board members.
SECTION 3. PARLIAMENTARY AUTHORITY – The rules contained in Robert’s Rules of Order, Revised Edition shall govern in all cases to which they are applicable.
Article VII– Dues, Fees, Fundraising
SECTION 1. FISCAL YEAR – The fiscal year of the ACAC shall be from September 1 to the following August 31.
SECTION 2. DUES – Dues and other costs associated with the ACAC’s competitive swimming program shall be set by the Executive Board and shall be sufficient to provide for the anticipated expenses of the ACAC. The amount of dues per family shall be computed on the basis of a schedule set by the Executive Board which shall take into account the number of family children swimming on the team and the training group classification (Platinum, Gold, Silver, Bronze). Dues are to be collected for fall/winter (September 1 through April 1) and for spring/summer (April 2 through August 31). Dues for members joining after the beginning of a season shall be prorated.
SECTION 3. FEES – The Executive Board shall collect all fees associated with meet entries. The Executive Board shall disperse entry fees in accordance with entries submitted. Swimmers must pay all entry fees at time of submitting meet entries. Fees for special events and activities shall be set by the Executive Board in a uniform manner and shall be paid in advance in full.
SECTION 4. FUNDRAISING – The Executive Board may establish a fundraising fee as part of the financial commitment of membership.
Article VIII – Committees
SECTION 1. STANDING COMMITTEES – Committees are those representing functions which are continuing in the program of the ACAC.
Following are committees of the ACAC and their descriptions:
1. Swim Meet Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Collect and maintain entries from all teams for the ACAC hosted meets
d. Collect and maintain entries for the ACAC entered meets
e. Coordinate Meet entry escrow accounts with the Treasurer
f. Organize workers for hosted meets
g. Provide and maintain all necessary equipment and supplies needed for hosted meets
2. Concession Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Procure food to be sold at the concession stand
d. Organize workers for the concession stand
3. Banquet Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Arrange a location for the banquet
d. Procure awards for the swimmers as determined by the coaching staff.
e. Coordinate collection of reservation moneys, purchase of awards, and payment to the host facility with the Treasurer
f. Procure awards for the swimmers as determined by the coaching staff
4. Swim Team Apparel/Equipment Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Procure team apparel/equipment
d. Coordinate the collection of the ACAC member apparel payments and payment to the vendor with the Treasurer
e. Create and maintain an inventory of team apparel/equipment
f. Handle all purchases and distribution or orders to swimmers and families
5. Finance and Fundraising Committee
a. Chaired by the Treasurer
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Create and oversee all fundraising activities
d. Collect meet payments (meet banks/escrow account)
e. Create budget
6. Team Social/Spirit Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Plan and coordinate team building activities for swimmers
d. Plan and coordinate team building activities for parents
7. Corporate Sponsorship Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Seek out and maintain contracts with companies (Speedo, TYR, Niki, etc.) for sponsorship of the ACAC
8. Communications Committee
a. Chaired by the Secretary
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Shall be responsible for communication of information to all members of the ACAC
d. Shall oversee and analyze the effectiveness of ACAC’s system of communication
9. Computer Operations Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 ACAC members, appointed by this committee’s chair, and should be comprised of representatives from each swimming level/group
c. Maintain the ACAC website, including posting important announcements in a timely manner
d. Operate and/or staff computer operations for home meets
10. Nominating/Board Development Committee
a. Chaired by a Group Representative or General Board member
b. Shall be a group of 4-6 members, appointed by this committee’s Chair, and should be comprised of representatives from each swimming level/group
c. Shall solicit those who are interested in serving on the Executive Board
d. Members of this committee may nominate themselves for any available position.
Other committees may be organized by the Executive Board as needed.
Article IX – Dissolution and Amendments
SECTION 1. DISSOLUTION – In the event the ACAC dissolves or ceases to exist, the remaining assets of the ACAC, after all debts have been discharged, shall be disbursed to any non-profit organization or organizations.
SECTION 2. AMENDMENTS – These bylaws may be amended or abolished in whole or in part by recommendation of the Executive Board and approval of the membership. Amendments or deletions must be submitted to the membership for a vote held at either of the bi-annual meetings. Amendments shall be approved by a majority (as designated in Article V, Section 1 of these bylaws) of those voting.
Article X – Increment of Income
SECTION 1. INCREMENT OF INCOME – No part of the net earnings of the ACAC shall inure to the benefit of , or be distributable to, its members, trustees, officers , or other private persons except that the ACAC shall be authorized and empowered to pay reasonable compensation for services rendered.
Article XI – Legislative or Political Activities
SECTION 1. LEGISLATIVE OR POLITICAL ACTIVITIES – No part of the activities of the ACAC shall attempt to influence, participate, or intervene with legislation on the state or local level, either verbally or in writing, or influence in any political campaign on behalf of any candidate for public office, in violation of the not-for-profit status of ACAC.
Article XII – Operational Limitations
SECTION
1. OPERATIONAL LIMITATIONS – Not withstanding any other provisions of these articles, the ACAC shall not engage in any activities not permitted to be carried on (a) by an Association exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954, or (b) under Section 170(c)(2) if the Internal Revenue Code of 1954.