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BY-LAWS OF THE WILD DUNES DOLPHINS SWIM
TEAM
May 19, 2005
1.
Purpose
The purpose of the Wild Dunes
Dolphins Swim Team ("WDD") By-Laws is to establish the WDD mission,
set standards for swim team membership, provide organizational structure,
establish membership and general responsibilities for the WDD Board of
Directors (BOD), and to provide general guidance on how to conduct WDD and BOD
business. Additionally, procedures for making changes to these By-Laws are
hereby established.
Mission Statement
The WDD is dedicated to the
emotional and physical growth of its swimmers and to the morale of the
community in which they live. The coaches, the parents, and all involved in WDD
will strive to make swimming a fun experience. At the same time, they will
foster in both parents and swimmers alike, the benefits of hard work and
sacrifice, the traits of good sportsmanship, the value of self-discipline, the
seeds and fruits of leadership, the exhilaration of competitive zeal, and the
joy of community spirit.
Article I - Swim Team
Membership
Section 1: Residents. Any child, under the age of 19, shall be eligible
for membership in WDD upon payment of fees as assessed by the WDD BOD, (See
Article III). If membership requests exceed the capacity of the swim team to
accommodate swimmers, the Swim Team Coach (See Section 2) shall select
membership in the team following a "try-out" session at which swimmers
will be selected based on ability and the needs of the swim team in the various
age groups.
Section 2: Coaches. Annually, the BOD will select a Swim Team
Coach, by a majority vote. The Swim Team
Coach shall be compensated as determined by the BOD. The Swim Team Coach shall select assistant
coaches as the Swim Team Coach deems necessary. Any Assistant Swim Team Coach who is to be compensated must be approved
by the BOD, by a majority vote, or shall seek compensation. The Swim Team Coach shall have full
responsibility for the day to day management of the WDD, which shall include
selection of the WDD swimmers (as noted above), scheduling, discipline,
practices, and swim meet organization and participation.
The Swim
Team Coach shall also assist the BOD in preparation of an annual budget which
must be approved, prior to each WDD season, and the Swim Team Coach shall not
exceed the budget except with the express approval of the BOD.
Section 3: Obligations. By requesting and accepting membership in
WDD, swimmers and their parents agree to abide by the rules, policies and
procedures established from time to time by the WDD general membership, the BOD
and the Swim Team Coach. Additionally, all swimmers’ parents are required to
volunteer to support multiple swim meets. Failure to volunteer will jeopardize
swimmer membership and the ability of the to continue to function.
Article II - General
Membership
Section 1: Composition. The general membership shall consist of all parents
and guardians of swimmers in good standing. “Good standing” is defined as, (1)
having a valid registration on file with the WDD BOD, and (2) are paid in full.
The voting rights of general members will, therefore, continue unabated until
fees are not paid in full by the next annual deadline for payment of fees. Once
dues are paid in full, any new or lapsed member shall be included in the
general membership with all voting rights appurtenant thereto.
Section 2: Semi-Annual Meetings. There shall be a preseason
meeting of the general membership with such meeting date, place and time
scheduled by the Swim Team Coach. This meeting will normally be held during
May. The general membership shall also meet within 1 month of the end of the
swim season to elect a new BOD. The
date, place and time of this meeting shall also be selected by the Swim Team
Coach. If possible, this meeting will be held in conjunction with any annual
awards banquet.
Section 3: Special Meetings. Special meetings of the WDD general
membership will be held when determined necessary by a majority vote by the WDD
BOD. The time and place shall be determined by the WDD BOD President.
Section 4: Notice. Notice of WDD general membership meetings
shall be made no later than two weeks in advance of the meeting date using
advertising medium determined by the Swim Team Coach or the BOD to be the best
practical means of notification. Normally notice will be sent via E-mail.
Section 5: Quorum. So long as notice has been provided in
accordance with Article II, Section 4, a quorum for either an annual or special
meeting shall consist of those parents or guardians in attendance. A majority
vote of those eligible and present shall be sufficient for all purposes, except
as otherwise specified herein.
Article III - Board of
Directors (BOD)
Section 1: Members. The voting members of the BOD shall be comprised of
those members elected by the general membership. All BOD members must be a
parent or guardian of a swimmer in good standing. To avoid any potential
conflicts of interest, no one serving on the WDD BOD may have a spouse or
significant other serving on the WDD coaching staff. Only one member from a
swimmer’s family may serve on the BOD. The BOD shall include the following
officers: President, Vice President, Treasurer, and Secretary.
Section 2: Nomination and Election of BOD Members. The nomination
and voting process will be administered by an Election Committee, appointed by
the BOD President and composed of members in good standing not seeking
election. At the end-of-season, semi-annual meeting of the general membership,
the general membership shall elect the new WDD BOD by majority vote.
Nominations for BOD positions may be made by any member in good standing for
any member in good standing provided the nominee consents. The election shall
be announced at least one month prior to the election date. The final nominee
slate shall be formulated and announced to the general membership for
consideration one week prior to the election. The election process will consist
of hard copy ballot with WDD BOD positions and nominees clearly indicated. The
ballots will be distributed at the beginning of the meeting. Each nominee or a
designated representative from the general membership will be afforded two minutes
to speak. The election will be held, ballots collected, and a count conducted
by the Election Committee. The seven
nominees with the highest vote total shall be abated. The results will be
announced by the Election Committee prior to the meeting’s termination. In the
case of a tie vote, a run-off election will be held between the two nominees.
In a tie vote situation the nominees may elect to speak an additional two
minutes in order to sway voters. Additional votes will be taken until the tie
is broken.
Section 3: Term of Office. BOD members shall serve until their respective
successor has been elected, but any BOD member may be removed with or without
cause by a majority vote of the full membership of the WDD BOD. BOD members may
resign by providing written notice to the WDD President one month in advance of
their effective resignation date. Vacancies will be filled by persons selected
by majority vote of the remaining BOD until a replacement can be elected by the
general membership. A special meeting of the general membership is not required
to fill vacancies so long as at least four elected members remain on the BOD.
If and when only three or fewer elected members of the BOD remain in office,
the BOD must order a special meeting be held within 30 calendar days and the
BOD shall have no further authority to act until said vacancies have been
filled by the general membership.
Section 4: Board of
Directors Positions. The WDD BOD
will be comprised of seven (7) voting members as follows: President, Vice
President, Treasurer, Secretary, and three others. Such positions shall be
filled annually by the newly elected BOD. A majority vote is required to elect a BOD member to any office. In case no candidate for a given office
receives a majority vote, a run-off will be held between the two candidates
with the most votes.
A. President. The President will serve as the chief member of the
BOD. During recess the BOD shall have general control and management of the WDD
business and affairs, except that any powers not specifically reserved by the
President may be delegated by the BOD. The President shall act as the
intermediary and chief liaison between and among the general membership, BOD,
and Swim Team Coach, for the purpose of handling and resolving all issues. The
President shall preside at all meetings of the WDD BOD and the WDD general
membership unless the Vice President is designated to do so by the President in
the President’s absence.
B. Vice President. The Vice President shall act in lieu of the
President in the event the President is incapable of acting by reason of death,
illness, resignation, or absence. The Vice President shall act as meeting
Parlimentarian in order to ensure proper order is maintained. Roberts’ Rules of
Order shall be used as a guide when executing these duties. The Vice President
shall be responsible for general oversight of all committees, unless the BOD
assigns oversight of a specific committee to another member. The Vice President
shall coordinate and integrate changes to the WDD Constitution and By-Laws.
C. Treasurer. The Treasurer shall have primary custody of and
maintain detailed records of the WDD bank account and all WDD related financial
transactions, unless otherwise determined by the BOD. The Treasurer shall
inform the BOD of total receipts, specific expenditures, and remaining balances
at each regular meeting of the BOD. The Treasurer shall maintain a
Reconciliation Detailed Report and a Profit and Loss Statement. One additional
WDD BOD member will be designated as the account’s Co-Owner in the event the
Treasurer is not available to conduct required account activity approved by the
BOD. The Treasurer shall maintain all required tax records and ensure reports
are submitted to appropriate government agencies in a timely manner. The
Treasurer shall deposit all WDD funds, which the Treasurer receives, in such
bank accounts as the BOD designates as soon as possible. The Treasurer shall
pay out moneys as business may require upon the order of the BOD with proper
vouchers to justify the expense. Expenses shall be paid by check only. Expenses
will not be paid from cash on hand. The BOD may delegate any and all duties of
the Treasurer. The outgoing Treasurer shall account to the incoming Treasurer
for all financial books, records, and accounts within 60 days of the election
of the new Treasurer. At semi-annual meetings of the general membership, the
Treasurer shall submit a written report of the account balances at the previous
meeting, receipts and expenditures during the interim period, and remaining
balances. The BOD shall provide periodic financial summaries of the Treasurer’s
report to the HOHOA BOD when deemed appropriate or upon special request. WDD
funds cannot be obligated nor payments made from the WDD account unless
approved by the WDD BOD in advance; either by approval of the annual budget or
via special vote for non-budgeted, emerging requirements. The Treasurer shall
maintain a detailed WDD Treasurer’s Turnover Binder consisting of the reports mentioned
above and any additional information as deemed appropriate by the Treasurer and
or BOD in order to maintain integrity of the position over time.
D. Secretary. The Secretary shall make and keep minutes of all
meetings of the BOD and the general membership using an approved standardized
format and the following process. A draft of the minutes shall be distributed
to the WDD BOD within one week of the meeting. The BOD shall review these
minutes in advance of the next meeting. During the ensuing meeting, the
previous meetings minutes will be adjusted as required and approved by majority
vote. The approved minutes will then be distributed to the WDD BOD within one
week of approval and posted on the Website so as to be available for review by
the general membership. The Secretary shall distribute approved copies of all
meeting minutes to all appropriate members, by email or otherwise. The
Secretary shall also maintain a list of all participating WDD members with
name, address, telephone number, email address (if any), and names and ages of
swimmers. The Secretary shall maintain a comprehensive record of all
documentation generated by the BOD or used by the BOD. The secretary shall
maintain a detailed WDD Secretary Turnover Binder in order to maintain integrity
of the position over time. The Secretary shall perform other duties as
delegated by the BOD or the President.
Section
5: Members at large.
Members-at-large shall perform other duties as delegated by the BOD or the BOD
President.
Section 6: Committees. Committees will be established by and under the
direction of the BOD in accordance with Article IV herein. The BOD may
establish other committees as it sees necessary for the conduct and management
of WDD. The BOD will determine the committee chairperson of all committees.
Committee chairpersons will not be voting members of the BOD.
Section 7: Auxiliary
Members. Certain unelected
persons may serve as non-voting auxiliary members of the BOD in an advisory
capacity. Auxiliary members shall be WDD members in good standing. At the
discretion of the BOD, other committee chairpersons and ex-officio members may
also serve as auxiliary members of the BOD. Auxiliary members will attend
regular and special meetings of the WDD BOD only when invited by the BOD to do
so. The BOD President of the WDD may hold any BOD meeting consisting of only
voting members without notice to one or more auxiliary members.
Section 8: Duties and
Authority of the WDD BOD. The BOD
shall manage the affairs of the WDD. All voting powers not specifically
reserved for the general membership herein shall be vested in the BOD. The WDD
BOD shall have the authority to do all things necessary for the safe, efficient
and effective operation, management, and advancement of the WDD to include but
not limited to expending WDD funds as it deems appropriate. Under no
circumstances will a decision by the BOD be made to expend funds not planned in
the approved WDD Yearly Budget, or otherwise pre-approved by the BOD, unless
the Treasurer has calculated and briefed the financial impact of the desired
expenditure.
A.
Executive BOD. Executive BOD
meetings will be conducted at the President’s discretion or when called by
three other members of the BOD. These meetings are considered closed to all but
voting members of the BOD and their invited guests. Executive meetings are
conducted on that rare occasion when unusually sensitive information needs to
be discussed. An example would be the failure of a WDD member to pay their
fees. The BOD may elect to shift from a regular forum to an executive forum
during a Regular BOD meeting if the content of the discussion warrants. In this
case all non-voting members of the BOD may be required to leave. If a BOD
member is the subject of sensitive discussions then the majority of the
remaining BOD may require that BOD member to leave the Executive session.
B. Special BOD. Special BOD meetings will be conducted at the
President’s discretion of if requested by three other members of the BOD and
may be declared either Executive or Regular in nature. These meetings are
typically short notice meetings not previously scheduled. Reasonable effort
must be made to provide telephonic, electronic, hard copy, or in-person notice
to members at least 24 hours prior to any special meetings.
C. Regular BOD. Regular BOD meetings are meetings of the WDD BOD
held every other month on the third Sunday of the appropriate months beginning
in May, 2005. These meetings are open to all WDD members. The BOD may elect to
shift from a Regular forum to an Executive forum during a Regular BOD meeting
if the content of the discussion warrants or if the participation by any person
present becomes disruptive to the meeting.
D. WDD General Membership
Meetings. WDD General Membership
Meetings shall be held or set forth in Article I, Section 2 above and are open
to the WDD.
Section 11: Quorum and
Voting. A quorum shall consist of
a majority of the elected members of the WDD BOD (normally four of seven
elected members). A quorum is required in order for the BOD to vote on issues
and make decisions affecting the WDD. Once quorum has been established, a
majority vote of those present shall be sufficient for all purposes, except as
otherwise specified herein. In the event of a tie, the President's vote shall
be the deciding factor. If the President is not present then the vote /
decision must be deferred. Meetings attended by less than a quorum can discuss
issues and exchange general information necessary for the continued operation
of the WDD. Scheduled meetings of the BOD that consist of less than a quorum
must also be documented by minutes.
Article IV - Required
Committees
Section 1: Meets and
Equipment Committee. This
committee shall obtain all necessary resources (personnel and equipment)
required to conduct home and away swim meets. It shall also be responsible for
setting up the pool for home swim meets and restoring the pool for use by the
HOA after swim meets.
Section 2: Concessions Committee. This committee shall be
responsible for the operation of concessions at home swim meets. The committee
shall, with prior approval from the BOD, purchase food and equipment necessary
for operation of the concession. The Concessions Committee shall sell items in
a manner designed to improve the financial stability and overall operation of
the WDD.
Article V – Budget
The WDD will pay for all
operational expenses using WDD. The WDD BOD will develop a budget for the
financial operation of the WDD under the direction of the President by March 31
of each year, with such budget being immediately provided to the Swim Team
Coach. The President will forward a copy of the WDD Budget to the WDD
membership by April 30 of each year. The Treasurer will maintain a progressive
comparison between the original budget submission and actual financial
developments. The Treasurer will provide the WDD BOD financial updates on a
monthly basis during the swim season (May – August) and quarterly during the
off-season (September – April). These updates shall be formally approved (or
adjusted) by the WDD BOD. The WDD Budget Reports shall be made available to WDD
members in good standing upon request.
Article VI - Amendment of the
By-Laws
The power to alter, amend, or
repeal these By-Laws or adopt new By-Laws shall be vested in the WDD BOD if
approved by a two thirds majority of the elected BOD members at any
regular or special meeting. All proposed changes to the By-Laws must be
provided to WDD BOD membership no later than one meeting prior to the meeting
during which the changes will be approved. This is required to allow time for
careful consideration of the changes. Once changes to the By-Laws are approved,
the Vice President shall coordinate a rewrite of the By-Laws with approved changes
incorporated. The new By-Laws will be signed by all WDD BOD members. A signed
copy of the By-Laws will be distributed to each BOD member. The Secretary will
maintain the original copy of the signed By-Laws.
These By-Laws are hereby approved by all members of the WDD BOD as of June
24, 2004.
President – Chris Carr
_______________________________Date_____________
Vice President – Robert Lyles
_______________________________Date_____________
Secretary – _____________ _______________________________Date_____________
Treasurer – _____________ _______________________________Date_____________
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