Constitution of the Atomic City Aquatic Club Amended August 29, 1988 printed August 15,
2002; Amended May 18, 1993; Amended June 03, 2001; Amended March 29, 2008.
CONSTITUTION OF THE ATOMIC CITY AQUATIC CLUB
ARTICLE I
NAME
The name of this organization is the Atomic City Aquatic Club, hereinafter referred to as ACAC, which is a non- profit organization, incorporated under the laws of the State of Tennessee.
OBJECTIVES
The objectives of ACAC are:
ARTICLE II
1.
To participate as an active organization in the Southeastern Swimming Committee of USA
Swimming, Inc.
2.
To foster and improve amateur aquatic sports according to the standard and under the rules presented by USA Swimming, Inc.
3.
To protect and promote the mutual interests of its individual members.
ARTICLE III
MEMBERSHIP
Membership in ACAC is of three types:
1.
Swimmer membership is open to persons who wish to participate in the ACAC competitive swimming program.
2.
Parent membership is automatically given to parents or guardians whose children are Swimmer members.
3.
Associate membership is open to other persons interested in ACAC’s activities upon approval of the Board.
ARTICLE IV
MANAGEMENT The management of the affairs of ACAC shall be delegated to a Board consisting of a
President, Vice President, Recording Secretary, Treasurer, Team Secretary, Financial Secretary, Publicity
Chair, Activities Chair, Alternate Funding Chair, Membership Chair, Senior Swimmer, Executive Director, and Immediate Past President.
ARTICLE V
DUTIES AND POWERS OF THE BOARD The Board shall, in addition to the duties and powers elsewhere in this constitution and Bylaws prescribed have power, and it shall be their duty:
1.
To uphold the Constitution and Bylaws of ACAC and of USA Swimming.
2.
To remove from office by a confirmatory vote of a minimum of seven members of the Board, any member of the Board who is considered by the Board to be in neglect of his/her responsibilities to
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ACAC.
3.
To fill unexpired vacancies in the Board occurring from any cause.
4.
To be responsible for the finances of ACAC.
5.
To distribute written training rules and a code of conduct.
6.
To remove from membership any Swimmer member who is deemed unsuitable for the program by the Board.
7.
ACAC accounts will be reviewed annually. A status report will be prepared for the October Board
Meeting.
ARTICLE VI
MEETINGS OF ACAC
1.
The annual meeting of ACAC shall be held in April or May of each year.
2.
At least one other general meeting will be held during the year to discuss ACAC Activities.
3.
Special meetings of ACAC may be called at any time by the Board or by the written request of at least 15 percent of all active Parent members of the Club.
ARTICLE VII
AMENDMENTS This constitution may be amended by a three-fourths majority vote of the active Parent members present at a general meeting, and after members have been previously notified of the proposed amendment. Such notification shall be made in writing, specifying the proposed amendment, at least two weeks preceding the meeting at which a vote is to be taken.
Twenty percent of the Parent members appearing on the Financial Secretary’s roster of current paid members shall constitute a quorum.
DISTRIBUTION OF ASSETS UPON DISSOLUTION OF ACAC In the event ACAC shall be dissolved, all of its property and assets shall be distributed as directed by the Board to or among the following entities or organizations, provided such entities or organizations are qualified at that time as tax-exempt organizations under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended:
1.
To any successor organization which promotes and fosters swimming in the Oak Ridge, Tennessee area.
2.
To the Southeastern Swimming Committee or any constituent member thereof.
3.
To the municipal government of the City of Oak Ridge.
4.
To any other religious, charitable or educational organization, including charitable trusts established to provide financial assistance to area swimmers.
In no event shall any property or assets of ACAC be resold to, or distributed among, the members of
ACAC.
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[This amended copy of the BYLAWS OF THE ATOMIC CITY AQUATIC CLUB was approved by the club membership on August 23, 2014. It supersedes the original version adopted on November 26, 1984 and amended on August 29, 1988, May 18, 1993, June 3, 2001, March 29, 2008, and August 23, 2014.
THE BYLAWS OF THE ATOMIC CITY AQUATIC CLUB
ARTICLE I
MEMBERSHIP
Section 1. Only Parent members whose accounts are current are considered active Parent members and are entitled to vote.
Section 2. One vote is to be allowed to each Parent member present. There shall be no vote by proxy.
Section 3. Associate members may serve on committees or be elected or appointed to the
Board, but if not a Board member then will not have a vote in a general meeting.
ARTICLE II
MANAGEMENT
Section l. The Board shall consist of 1) an Executive Committee and 2) Committee Chairpersons as follows:
Executive Committee shall include: a.
President b.
Vice President c.
Recording Secretary d.
Treasurer e.
Financial Secretary f.
Executive Director g.
Immediate Past President
Committee Chairpersons shall include: a.
Publicity Chair b.
Team Secretary c.
Activities Chair d.
Alternative Funding Chair e.
Membership Chair f.
Senior Swim Representative
Section 2. Terms of Office: a.
Except for the Executive Director (the Head Coach), the officers shall be elected for a term of two years. b.
The outgoing President shall automatically become a member of the succeeding Board and shall be called the Immediate Past President, unless elected to another office, in which case the succeeding Board will not contain an Immediate Past President. c.
The outgoing Vice President shall be presumed successor to the President, unless he or she fails to secure the necessary votes to assume said position, or unless he or she declines to
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succeed.
Section 3. Duties of Officers
The President shall:
1.
Serve as the administrative executive.
2.
Serve as the liaison between Parent members, coaching staff and other ACAC Officers or designate a Board Member to do so.
3.
Arrange for and preside at meetings of ACAC and the Board.
4.
Notify Board Members a minimum of 48 hours in advance of regular board meetings.
5.
Appoint Committees (except for those committees specifically assigned to the Board or a Board
Member in Article VIII) to accomplish the needs of ACAC.
6.
Supervise and direct the preparation of the monthly newsletter.
7.
Be responsible for ensuring that fees are collected in accordance with Article IV, Section 2 of the
Bylaws.
8.
Be responsible for ensuring that the Board conducts a yearly evaluation of the program and coaching staff.
9.
Serve on the Learn-to-Swim Board and act as a liaison between the ACAC Board and the Learn-to-
Swim Coach and Program.
10.
Organize and direct the Personnel Development Committee and inform the Board of its membership at the October Board meeting.
The Vice President shall:
1.
Act for the President in his or her absence.
2.
Serve as ex officio member of the Budget Oversight Committee.
3.
Serve as Chair of the Swim Program Evaluation Committee.
4.
Succeed the President during the immediately following term of office unless he/she fails to secure the necessary votes to assume said position.
6.
Serve as ex officio member of the Alternate Funding Committee.
7.
Act as or appoint a meet director for all ACAC swim meets during his/her term of office.
8.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Recording Secretary shall:
1.
Record minutes of board meetings and meetings of the general membership and provide copies to all Board Members.
2.
Notify the general membership in writing, via hard copy or electronic transmission, a minimum of one week prior to the date set for a general meeting. The agenda, hour, and place of the meeting shall be included in this notice.
3.
Handle ACAC correspondence.
4.
Maintain a list of current ACAC policies not contained in the Constitution or the Bylaws.
5.
Send notices of programs which are being offered to the membership.
6.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Treasurer shall:
1.
Keep up-to-date records of the receipts and disbursements of all accounts.
2.
Assist the Vice President and Financial Secretary in the preparation of the operating budget.
3.
Pay ACAC’s bills as prescribed by the Board.
4.
Deposit monies collected for ACAC.
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5.
Alert the Board to any proposed expenditure which will exceed budgeted appropriations.
6.
Prepare and present to the Board monthly financial statements.
7.
Prepare a Treasurer’s report which includes a profit and loss statement.
8.
Prepare and submit appropriate withholding tax statements for employees of ACAC.
9.
Prepare and submit quarterly tax reports to federal and state agencies.
10.
Serve as Treasurer of the Learn-to-Swim Board.
11.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Financial Secretary shall:
1.
Collect USA Swimming registration fees and/or swim fees from each swimmer member.
2.
Deposit monies collected for ACAC.
3.
Prepare and distribute to the Board a list of all swimmer members whose fees have not been paid
4.
Assist the Vice President and Treasurer in preparation of the annual budget and fee schedule for board approval.
5.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Executive Director (Head Coach) shall:
1.
Select swim meets that the team will attend and propose schedule to the Board for approval.
2.
Serve as liaison with the Coaching Staff.
3.
Fulfill responsibilities of Head Coach as stated in Article III herein.
4.
Serve as a member of the Learn-to-Swim Board.
5.
Serve as the ACAC representative to Southeastern Swimming.
6.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Immediate Past President shall
1.
Provide continuity for the ACAC Board.
2.
Serve as advisor to the current Board President.
3.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Publicity Chair shall:
1.
Direct all publicity and contact with news media.
2.
Direct all web based communications for ACAC, either by maintaining the website, or by selecting a website maintenance individual or service approved by the board.
3.
Prepare press releases and publicity for home meets, arrange for media coverage and report results of meets for publication.
4.
Direct maintenance of the ACAC bulletin board.
5.
Submit proposed budget items and amounts to the Budget Oversight Committee by August 31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Team Secretary shall:
1.
Coordinate travel and lodging arrangements for out-of-town meets.
2.
Organize the Awards Committee and inform the Board of its membership at the October meeting.
3.
Organize the Team Records Committee and inform the Board of its membership at the October
Board meeting.
4.
Shall submit proposed budget items and amounts to the Budget Oversight Committee by August
31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
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The Activities Chair shall:
1.
Coordinate place/time/refreshments for general and special meetings.
2.
Coordinate place/time/refreshments for all ACAC parties for swimmers and/or parents.
3.
Coordinate place/time/refreshments for the annual ACAC Awards Banquet.
4.
Submit proposed budget items and amounts to the Budget Oversight Committee by August 31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Alternate Funding Chair shall:
1.
Coordinate fund raising activities.
2.
Recommend to the board fund raising ideas for Board approval and be responsible for carrying out projects which have been approved by the Board
3.
Report to the Board the status of current fund raising projects
4.
Organize the Alternate Funding Committee and inform the Board of its membership at the
October Board meeting.
5.
Submit proposed budget items and amounts to the Budget Oversight Committee by August 31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Membership Chair shall:
1.
Coordinate recruitment efforts as directed by the Board
2.
Direct the registration of new swimmers secure the ACAC registration forms including the USA
Swimming application form, medical release form and waiver of liability.
3.
Obtain and maintain records of USA Swimming registration numbers.
4.
Make the Financial Secretary aware of new swimmer members that join the team throughout the year.
5.
Orient new parent members at the beginning of the year and throughout the year as new members join ACAC.
6.
Prepare a current telephone tree list and distribute to each member family.
7.
Direct the distribution of ACAC informational materials, including the Constitution and Bylaws and other descriptive literature to new members.
8.
Organize the Hospitality Committee and inform the Board of its membership at the October Board meeting.
9.
Submit proposed budget items and amounts to the Budget Oversight Committee by August 31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
The Senior Swim Representative shall:
1.
Represent the views of senior swimmers and attend meetings of the Board at least semi-annually.
2.
Have no voting privileges.
Section 4. The Board members may, with the prior consent of the Board, delegate functions to other club members or employees, but remain responsible for delegated functions.
Section 5. The fiscal year shall start September 1 and end August 31.
ARTICLE III
COACHING STAFF
The Board is responsible for the selection and hiring of the Head Coach and approval of his coaching
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staff. The President shall enter into a written contract, approved by the board, with the Head Coach.
COACHING RESPONSIBILITIES
Section 1. The Head Coach shall
1.
Develop participants for water sports approved by the Board.
2.
Prepare and enforce written training rules and a code of conduct for swimmer members subject to approval by the Board.
3.
Maintain discipline during club activities and during practice.
4.
Maintain record of attendance at all practices and meets.
5.
Select meets to attend and recommend a meet schedule to the Board.
6.
Ensure acquisition and maintenance of current certifications of ACAC coaching staff.
7.
Recommend to the Board policies that should be initiated for a more effective program.
8.
Submit a practice schedule to the Board for approval.
9.
Advise, select, and enter swimmers in competition, subject to restrictions established by the Board.
10.
Hire the coaching staff and negotiate terms of coaching staff employment with assistant coaches subject to Board approval.
11.
Submit proposed budget items and amounts to the Budget Oversight Committee by
August 31 st of each year, said items to be negotiated and approved at the October meeting of the Board.
Section 2. Assistant Coaches shall be responsible for implementation of the swimming program under the direction of the Head Coach and shall execute coaching duties as assigned and directed by the Head
Coach.
ARTICLE IV
FEES AND ASSESSMENTS
Section 1. At least annually, the fees and assessments shall be determined by the Board.
Section 2. Fees are payable on the day specified by the Board and members whose fees are delinquent lose all rights and privileges until the fees are paid.
ARTICLE V
ELECTION OF BOARD MEMBERS
Section 1. Election shall be held at the ACAC annual meeting. Twenty percent of the active Parent members shall constitute a quorum.
Section 2. At least one nomination for each office shall be submitted by a Nominating Committee of three Parent members appointed by the President. At least one member shall be a member of the current Board.
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Section 3. Candidates must be Members or Associate Members.
Section 4. The election shall be conducted by written ballot.
Section 5. To be elected, a candidate must have a simple majority of the votes of the active Parent members present. If no candidate receives a majority of the first ballot, a second ballot shall be taken immediately to decide between the two candidates who received the most votes on the first ballot. No vote may be cast by proxy.
Section 6. The elected Board shall take office beginning August 1st of each year.
Section 7. If a Board member resigns or is recalled, or is temporarily unable to serve, the President, with the approval of the Board, appoints an eligible member to serve until the completion of the term. If the President resigns or is recalled, the First Vice President succeeds to the
Presidency.
Section 8. If a person elected to the Board ceases to be a member of ACAC after he/she takes office, he/she may serve as a Board member until the completion of his/her term upon approval of three-fourths of the then-current Board Members.
ARTICLE VI
RECALL OF BOARD MEMBER
A Board member may be recalled by a written vote of a three-fourths majority of the active Parent members present at a special meeting of ACAC membership called upon written petition by 25 percent of the Parent members for the purpose of considering such recall. All members must receive advance written notice of the meeting and 51 percent of the active Parent members shall constitute a quorum for the meeting. The order of business for the meeting shall be as follows:
1.
Opening of the meeting by the presiding officer, stating the purpose of the meeting
2.
Presentation of the reasons for the petitioned recall
3.
Presentations of the reasons against the recall
4.
One rebuttal for each side
5.
Appointment of voting officials
6.
Voting by secret ballot
7.
Public counting of the ballots
8.
Announcement of the results of the voting
9.
Appropriate action
ARTICLE VII
MEETINGS OF THE BOARD
Section 1. a.
The Executive Committee shall meet monthly unless decided both by the President and a poll of the Executive Committee that a meeting is unnecessary. The day of the meeting shall be decided by the Executive Committee. b.
The entire Board including the Executive Committee and the Committee
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Chairpersons shall meet quarterly unless decided by a poll of all Board members that a meeting is unnecessary. c.
Additional meetings shall be held as directed by the President or at the request of any three (3) members of the Board.
Section 2. Each member of the Board has one (1) vote and no vote may be cast by proxy. Assistants to Board Members shall have no vote. The Executive Director shall have no vote on matters pertaining to the employment of the Head Coach.
Section 3. One-half of the Board membership, but not less than six members of the then-current
Board shall constitute a quorum. A majority of those present is required to pass a motion.
Section 4. All Board Meetings, including the conduct of all business, shall be conducted openly for any club members to attend, except that, upon vote of not less than seven Members of the
Board, after a meeting has been called to order, the Board may decide to go into “executive session” (out of the presence of non-Board Members) to discuss club-related matters. No voting on Board matters will be conducted in “executive session.”
Section 5. Advance notice of the business to be conducted at Board Meetings will be provided to each
Board Member, provided that additional matters for which such advance notice has not been given may be considered; provided that any action taken on any such matters will not become final unless it is ratified at a subsequent Board Meeting conducted not less than 48 hours after the initial consideration for which advance notice of the matter has been given.
ARTICLE VIII
STANDING COMMITTEES
Section 1. Alternate Funding Committee a.
The Vice President shall be an ex officio member of the Alternate Funding Committee. b.
The Alternate Funding Committee is charged with developing methods of gaining supporting funds for ACAC activities. These should include obtaining sponsorships for meets, awards, trophies, equipment and facilities. c.
The Alternate Funding Chair shall organize the Alternate Funding Committee and inform the Board of its membership at the October meeting.
Section 2. Officials Committee a.
The Officials Committee Chair must be an official certified by the Southeastern
Swimming Committee or one who holds Regional or National USAS Certification. b.
The Officials Chair is responsible for selecting, recruiting, encouraging, and training parent members to be certified and qualified swimming officials. c.
The Officials chair will maintain a current list of certified officials. The list will include the dates of certification and re-certification and qualifications of each official. d.
The Officials Chair shall serve as liaison between the Southeastern Swimming Committee
Officials Chair and ACAC and its officials.
Section 3. Team Records Committee a.
The Team Records Committee shall maintain an up-to-date list of ACAC short course
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and long course team records and shall publish said list to the membership at the conclusion of each short and long course season. b.
The Team Records Committee shall maintain the display of team records. c.
The Team Records Committee shall maintain a list of ACAC sponsored meet records and shall update the list after each ACAC sponsored swim meet. d.
The Team Secretary shall organize the Team Records Committee and shall inform the
Board of its membership at the October Board meeting.
Section 4. Awards Committee a.
The Awards Committee shall compile a list of ACAC award winners. b.
The Awards Committee shall obtain and distribute appropriate awards. c.
The Awards Committee shall, when appropriate, recommend new ACAC awards to the
Board. d.
The Awards Committee shall arrange for the annual awards ceremony. e.
The Team Secretary shall organize the Awards Committee and shall inform the Board of its membership at the October Board meeting.
Section 5. Personnel Development Committee. a.
The Personnel Development Committee is responsible for maintaining current records on salaries paid to coaching personnel by other swim programs. b.
The Personnel Development Committee is responsible for maintaining current records on potential coaching personnel. c.
The Personnel Development Committee shall be organized by the President, who shall inform the board of its membership at the October Board meeting.
Section 6. Swim Program Evaluation Committee. a.
The members of this committee shall include a senior swimmer, a parent or guardian of a swimmer (ages 10 or above), a parent of a swimmer (age below10), a member of the
Board, and such other members of ACAC as the Board deems appropriate. b.
The committee membership shall be selected by the Board as soon as administratively feasible after it takes office in August. c.
The committee’s responsibilities shall include evaluating all aspects of the Swim Program, including an evaluation of the coaching staff. d.
A written report on the Swim Program, specifically including a coaching staff evaluation and recommendations will be submitted to the Board at a meeting of April. e.
The committee will also provide the Board with quarterly progress reports on its efforts as requested by the Board. f.
The Vice President shall serve as Chair of this Committee and shall inform the board of its membership at the October Board meeting.
Section 7. Hospitality Committee. a.
The Hospitality Committee shall recruit club members to act as hosts to orient each new swimmer and new parent member to competitive swimming. Such host members (member families) should be recruited as soon as possible after novice members have been admitted to ACAC. b.
The Membership Chair shall organize the Hospitality Committee and shall inform the
Board of its membership at the October Board meeting.
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Section 8. Budget Oversight Committee a.
The Budget Oversight Committee shall be charged with developing the annual budget, tracking the budget throughout the year, and reporting its findings to the board quarterly. b.
The Budget Oversight Committee shall include the Vice President, as ex officio member,
Treasurer, and Financial Secretary, together with other members who may wish to serve. c.
The Budget Oversight Committee shall be organized by the Financial Secretary, who shall inform the Board of its membership at the October Board meeting.
Section 9. Equipment Committee a.
The Equipment Committee shall be charged with maintaining equipment belonging to
ACAC and shall maintain manuals on the operation of such equipment. b.
The Equipment Committee shall report to the Board at the beginning and end of each swim season regarding the condition of the equipment and make recommendations regarding its repair or replacement. c.
The Vice President shall serve as ex officio member of the Equipment Committee. d.
The Chair of the Equipment Committee shall inform the Board of its membership at the
October Board Meeting.
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