BYLAWS OF

BILLINGS AQUATIC CLUB

(revised 11/03)

 

ARTICLE I
NAME

 

The name of this organization shall be the Billings Aquatic Club. (herein after called the club.)

ARTICLE II
MEMBERSHIP

 

(A)          Eligibility: The following persons and entities are eligible for membership in the Club:

 

                (1)           Each parent of a member of the Billings Aquatic Club.

                (2)           With Board or coach approval any person who is interested in competitive swimming through age 19, and former BAC Members in good standing through age 24 may swim with the team.

                (3)           Any person, corporation or other. group desirous of encouraging the purposes and activities of the Club

 

(B)           Effecting Membership: Each person and entity which is eligible for membership in the club shall become a member of the Club by:

 

                (1)           The payment of dues in the amount as prescribed in Article III hereof OR

                (2)           The agreement to become a member of the Club and the payment of dues in suchamount within the period stated in Article III hereof.

 

(C)           Voting: Each member family shall be entitled to one vote in the affairs of the Club.

 

(D)          Termination of Membership: The Executive Board by affirmative vote of two‑thirds (2/3) of all members of the Board, may suspend or expel a member. If in view of the Executive Board behaviors or actions of any member adversely affect or are detrimental to the operations, morale, or overall functioning of the Club, that member can have their BAC membership revoked or denied. Normal determination will include a verbal warning, a written warning, then will go to the Board for final disposition. The Board reserves the right to act immediately in extreme cases.

ARTICLE III
DUES AND FUND RAISING

 

(A)          Amount: The dues and fund raising shall be established by the Executive Board each year. The year shall run from September 1st through August 31st.

 

(B)           Payment of Dues: Dues shall be paid on the date or dates as prescribed by the Executive Board, but no annual dues may be extended into the subsequent year or years.

 

(C)           Dues are payable the first of each month and become delinquent if not paid by the end of the month. Delinquent dues may be posted on the pool bulletin board. No swimming, practice or meets will be allowed if swimmers', dues are not paid by the 15th day of the subsequent month. Dues must be current to participate in the State meet.

 

ARTICLE IV
MEMBERS MEETING

 

(A)          Meetings:

 

                (1)           Annual Meeting: There shall be an Annual Meeting of the Club the first Tuesday of May each year for the purpose of electing officers, the receipt of reports and the transaction of other business.

(2)           Semi‑Annual Meeting: There shall be a Semi‑annual Meeting of the Club the first Tuesday of December each year for the purpose of receipt of reports and the transaction of other business.

 

(B)           Time and Place of Meeting: The Annual meeting shall be held on the first Tuesday of May at a time and place to be determined by the Executive Board.

 

(C)           Notice of Meetings: Notice of the Annual and Semi‑Annual Meetings shall be mailed by the secretary or included in the newsletter, to the last recorded address of each member family at least 15 days before the time appointed for the meetings.

 

(D)          Quorum: Those members of the Club present at the Annual and/or Semi‑Annual Meetings of the Club or present at any "regular meeting" shall constitute a quorum for the purpose of transacting business brought before the Club and affecting the membership of the Club.

 

(E)           Order of Business: The order of business at the Annual Meeting shall be as follows:

 

                (1)           Call to order

                (2)           Distribution of minutes of previous Annual Meeting and of the preceding regular meeting.

                (3)           Reports of officers

                (4)           Reports of committee chairman

                (5)           Unfinished business

                (6)           New business

                (7)           Election of officers

                (8)           Adjournment

 

The order of business may be altered or suspended at any such meeting by a majority  vote of the members present.

 

(F)           Regular Meetings.  The number of regular meetings each year shall be determined by the Executive Board and when called shall regularly be on the first Tuesday of the month in which the meeting is called. The Executive Board must make a reasonable effort to notify each member family of the meeting at least five days prior to the meeting. Notification by either newsletter, telephone or bulletin board will be satisfactory.

 

(G)           Action at Meetings: Any action to be taken at the Annual or Semi‑Annual Meetings or any regular meeting may be taken by the affirmative vote of the members present, with the exception that the By‑laws of the Club may only be changed at the annual and semi‑annual meetings.

ARTICLE V

OFFICERS

(A)          Officers: The elected officers of the Club shall be President, Vice‑President, Past President Secretary, Treasurer and three Members at Large. The election of the officers shall take place at the annual meeting. The appointment of the BAC Swimmer Representative officers will take place at the start of each short course season. Board Members shall serve a minimum of a two year term. The BAC Swimmer Representatives will be appointed for a one year term. Officers are to be elected each year. Candidates who receive a majority of votes cast shall be elected.

 

(B)           The officers shall take office on June 1st after the annual meeting in May and serve through May 31st of their term year.

 

(C)           President:  The President shall be the chief executive officer of the Club, and subject to the direction of the Executive Board, shall have general supervision, direction and control of the affairs of the Club. He shall preside at all meetings of members, and at all meetings of the Executive Board. He shall be a member ex officio of all committees of the Club. He shall communicate to the members and to the Executive Board such matters and make such suggestions as may in his opinion tend to promote the welfare and increase the usefulness of the Club, and shall perform such other duties as are necessarily incident to the office.

 

(D)          Vice President: The Vice President shall have such duties as shall from time to time bedetermined by the President or the Executive Board. In the event that the President is unable to act for any reason, the Vice President shall perform all the duties and have all the powers of the President.

 

(E)           Past‑President:  The Past‑President shall have such duties as shall from time to time be determined by the President or Executive Board. Major functions will be directly related toissues surrounding the transition of the Vice President into the President position.

 

(F)           Secretary: The Secretary shall attend all meetings of the members and of the Executive Board, keep a true and complete record of the proceedings thereof and be custodian of the Club. The Secretary shall properly notify the members in writing prior to the date set for the annual meeting, shall mail information and all notices required to members, and perform such other duties as the Executive Board may prescribe. (In the event the Secretary cannot be present at a meeting, a substitute will be appointed by the President.)

 

(G)           Treasurer. The Treasurer shall keep correct and, complete records of account showing accurately at all times the financial condition of the Club and shall furnish to the Executive Board, whenever requested, a statement of the financial condition of the Club. The Treasurer shall be the legal custodian of all the Clubs Monies, notes, securities, and other valuables. Any account not paid within 30 days shall be considered delinquent and the Treasurer shall notify the Executive Board. The Board shall notify the member of the delinquency and suspend participation privileges until‑payment is made. The Treasurer shall perform such other duties as the Executive Board may prescribe.

 

(H)          Members At Large: The Members At Large will be under the direction and supervision of the President with the guidance of the Executive Board.

 

(I)            Swimmer Representatives: The Swimmer Representatives on the Executive Board will be represented by the BAC Team Captains. They will be invited to attend all meetings of the Executive Board, except for those meetings deemed "Closed sessions" by the Executive Board. They will have full voting privileges with a combined one vote. The Representatives will communicate concerns and ideas of the swimmers to the Executive Board and will communicate Executive Board concerns and ideas to the swimmers. The Swimmer Representatives will be under the supervision and direction of the President with the guidance of the Executive Board.

ARTICLE VI
EXECUTIVE BOARD AND OTHER COMMITTEES

(A)          Executive Board: The Executive Board of the Club shall be composed of all the Officers of the Club. The Executive Board shall have supervision, direction and control of the affairs of the Club, shall carry out the decisions of the members, shall actively prosecute the Club's objectives, and subject to any limitations directed by the members, shall have discretion in the disbursement of funds. The Executive Board shall be responsible for scheduling meetings on such date and place as shall be determined by the President. The President or Secretary acting at the direction of the President, shall give appropriate notice of each meeting to each other member of the Executive Board. The Executive Board may adopt such rules for the conduct of its business as shall be deemed advisable.

 

The Executive Board shall provide the head coach with no less than one written evaluation per year. This evaluation shall emphasize job performance and compliance with head coach contract.

 

(B)           Other Committees: The Club shall have the following committees and such additional committees as shall from time to time be determined by the Board:

 

                (1)           Records and Meet Entries

                (2)           Meet Planning

                (3)           USS Registration

                (4)           Swim Shop

                (5)           Public Relations

                (6)           Local Officials

                (7)           Communications

                (8)           Lodging

                (9)           Safety

 

The chairman of each committee shall be appointed by the Executive Board, and the chairman of each committee along with the Executive Board shall select the members of such committee and shall determine the nature and function to be carried out by each committee.

ARTICLE VII
COACHES

(A)          Employment: The Head Coach and Assistant Coaches shall be chosen by the Executive Board by majority vote at any meeting called for that purpose. The Coaches shall be employed under contract upon such terms and conditions and at such salary as the Executive Board may from time to time prescribe The Executive Board may from time to time appoint an assistant coach(s) upon the request and recommendation of the head coach.

(B)           Duties: The Coaches, with the approval from the Executive Board, shall have full responsibility for scheduling workouts, training, and coaching, entering swimmers in swim meets, selection of team efforts and recommending meets for individual efforts. The coaches shall attend all efforts and be responsible for maintaining discipline at workouts and swim meets. The coaches shall maintain appropriate records and perform n such other duties as the Executive Board may prescribe. The immediate reporting responsibility of the Coaches shall be the President.

ARTICLE VIII
FUNDS AND FEES

(A)          Signing Checks: All checks and all contracts issued or entered into by the Club shall be executed on behalf of the Club by any of the following officers: President, Vice President, Treasurer or Member at Large in charge of Dues and Fund Raising. Any check or contract in excess of $5,000 requires two signatures.

 

(B)           Executive Board Approval: At each monthly meeting of the Executive Board, it shall review and approve the disbursements of funds for the forthcoming month.

 

(C)           Finances: The Club shall use its funds only for the objectives and purposes for which  it has

been created and is intended as a non‑profit making organization. All dues and other funds pertaining to the activities of the Club shall be deposited with such depositories as are designated by the Executive Board.

 

                (1)           A financial summary of the Club's revenues and expense will be public red periodically in the BAC newsletter.

                (2)           A financial statement will be available at the semi‑annual and annual Parent Meetings, in December and May each year.

                (3)           Financial information from the BAC Executive Board will be available upon member request.

ARTICLE IX

PURPOSES

(A)          The objective and purposes of the Club are to promote and encourage competitive swimming and interest in competitive swimming for the benefit of swimmers of all ages and abilities, to foster team spirit and sportsmanship and to support the activities of the team.

 

(B)           Jurisdiction: The Club will pursue the above purposes with the standards and rules of United States Swimming Inc., and Montana Swimming (LSC).

ARTICLE X
GRIEVANCES AND COMPLAINTS
PROCEDURES

(A)          Notification of Grievance: Grievances and complaints expressed in writing by Club members and received by the Executive Board shall be investigated for the purpose of appropriate action by the Executive Board. The decision reached by the Executive Board shall be considered final, and shall be reported too the member making the grievance or complaint as soon as possible.

ARTICLE XI
EXECUTIVE BOARD VACANCIES

In case of a vacancy in one of the Executive Board positions, the remaining members of the Billings Aquatic Club Executive Board shall appoint, by simple majority vote, a person to fill the unexpired term.

ARTICLE XII

AMENDMENT

These By‑laws may be amended, altered or repealed, in whole or from time to time in part, by the affirmative vote of the majority of the members present at the Annual and Semiannual meetings of members.

ARTICLE XIII

LIABILITIES

 

Nothing herein shall constitute the members of the Club as partners for any purpose. No member, officer, or agent shall be liable for the acts or failure to act of any other member, officer or agent of the Club.

Provisions shall be made to protect the swimming club, officers, and volunteers against claims or suits for damages and to protect the assets of the swimming club from loss, by insurance.

 

Dated this ____ day of November, 2003.

 

 

                                                                                                ____________________________________

                                                                                                LESLEY MODEL, President