(Last Update October 11, 2004)
DAYTON RAIDERS SWIM CLUB, INC.
The name of this organization is Dayton Raider Swim Club, hereinafter referred to as DR and is a not-for-profit incorporated in accordance with the Ohio Revised Code.
The purposes of DR are:
Section 1. To sponsor and develop a nationally recognized aquatic team and to further the interest and education of children and parents in competitive aquatic sports within the meaning of Section 501(c)(3) of the Internal Revenue Code, or any similar provision in the then current version of the Internal Revenue Code.
Section 2. To maintain membership with the United States Swimming (USS), abiding by its rules and regulations for competitive aquatic sports within the meaning of Section 501(c)(3) of the Internal Revenue Code, or any similar provision in the then current version of the Internal Revenue Code.
Section 3. To encourage and support aquatic programs in the Miami Valley and adjoining communities within the meaning of Section 501F(c)(3) of the Internal Revenue Code, or any similar provision in the then current version of the Internal Revenue Code.
Section 4. This corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above.
Section 1. Membership in DR is open to all persons interested in participating in aquatic sports and to all other persons who may qualify as a “member” as defined in Section 2 of this Article and is granted immediately upon acceptance of payment of any assigned fees and a registration of a team ember or adult member. The Board of Trustees may deny membership to any individual or group of individuals for any reason not prohibited under state or federal law.
Section 2. Membership in DR shall consist of a single class of members, but such class shall be divided into the following categories:
(a) Adult Member: Any parent, legal guardian or other persons having custody of a DR team member, or those persons responsible for a team member’s assigned fees. The rights of an adult member include but are not limited to, voting and holding office.
(b) Team Member: Any DR aquatic participant whose assigned fees are paid by a member as defined in Section 2(a) of this article.
Section 3. Membership in good standing is maintained so long as assigned fees are paid in full on or before the tenth day of the month, and provided that the member abides by these By-laws, the Disciplinary Code and Procedures (Exhibit A), and such rules as may be established by the board.
Section 1. The management of DR shall be vested in the Board of Trustees, referred to as the “Board”. The number of Trustees shall be fixed by the members at each annual meeting. Husband and wife may not serve concurrently.
Section 2. The elected members of the Board shall serve in one of two classes with the two classes serving staggering terms. The elected Trustees shall fill vacancies created by any termination or resignation prior to the end of any such term. Trustees shall serve for a term of two (2) years, with the exception of the initial class who shall consist of the remaining members of the existing Board and shall serve one (1) year and except as otherwise determined by the Board on a case-by-case basis.
Section 3. Each succeeding year, a nomination committee appointed by the President, with the approval of the Board, shall serve to nominate interested candidates for election to the Board. Nominations shall be accepted from the floor at the annual membership meeting. Those candidates, equal in number to the number of vacancies, who receive the most votes shall be elected to the Board annual membership meeting. This election need not be by secret ballot. The elected members shall take office at the next Board meeting following the election.
Section 4. A Trustee who fails to attend three (3) consecutive regular meetings of the Board may have his/her office declared vacant by the Board.
Section 5. A Trustee who no longer qualifies as a DR member as defined in Section 2(a) as, for example, when he or she no longer has a Team Member on the DR team, may continue to serve as a Trustee until the end of such term, at the Board’s sole discretion.
Section 6. In the event of a vacancy on the Board for any reason whatsoever, such vacancy shall be filled by action of the Board. Such an appointed member shall fill the un-expired term held by the vacating member.
Section 7. Officers shall be elected by the Board from their own membership at the next Board meeting following the annual membership meeting. It is preferred that a Trustee who has served at least one (1) year as a member of the board shall be elected to the Office of President. The new officers shall serve for a period of one (1) year.
Section 8. Officers:
(a) President: The President shall preside at all meetings of the Board and of the membership. He/She shall be an official of DR and have the power to appoint the chairperson of various committees, and represent DR at appropriate USS and Ohio Swimming meetings or appoint a team representative to attend these meetings.
(b) Vice-President: The Vice-President shall preside at any meeting from which the President is absent and shall perform any and all duties assigned to her/him by the President. He/she will assume the duties of the President in the event the President cannot serve the remainder of his/her term.
(c) Secretary: The duties of the secretary are to keep accurate records of all meetings and to inform members of dates and places of general and special membership meetings. The Secretary shall receive and respond to all DR correspondence. Minutes of meetings, except closed executive Board meetings, shall be public record and the Board shall take all reasonable steps to have them posted within one (1) week of the Board meeting.
(d) Treasurer: The duties of the Treasurer are to collect all dues, to bank monies, to provide a financial statement annually and to use all reasonable efforts to present a financial statement at each meeting of the Board, notify all members of fees payable, establish and maintain a written record of physical assets of DR and post any changes as they occur. The Treasurer should also prepare a budget for the following year, which shall be presented to the Board to allow time for adequate discussion and revision. The Treasurer will provide direction to the bookkeeper and neither shall be related.
Section 9. Removal of any Trustee by the members will require two-thirds (2/3) majority of all voting members present at a membership meeting. Removal of any officer for any reason shall require a two-thirds (2/3) majority vote of the Trustees present at a Board meeting.
Section 10. Responsibilities of the Board include:
(a) The overall administration and financial management of DR and its assets.
(b) The contracting for aquatic program services in support of DR
(c) Establishing written expectations and evaluations of the coaching staff.
(d) Receiving and taking any appropriate action in response to written criticisms and suggestions of members about the overall DR program.
(e) The approval of the loan, sale or disposition of any material assets.
Section 11. Resignation of a Trustee shall be made in writing to the Board and shall become effective immediately upon receipt of such notice.
Section 1. Standing Committees may be established by the Board and the Chairperson of these committees appointed by the President. Members are to be advised of their responsibilities promptly after their appointment.
Section 2. Special committees shall be appointed by the President when necessary to complete a special task and shall cease to exist when the task is complete.
Section 3. A bookkeeper shall be appointed by the President and approved by the Board, who shall report to the Treasurer.
Section 1. All meetings shall be held under the chair of the President, or in his/her absence, the Vice President. If neither of these persons are present, the meeting may be chaired by a member appointed by the Board. If possible, an agenda shall be posted ten (10) days prior to regular scheduled meetings. This agenda shall contain action items and discussion items.
Section 2. All membership meetings shall be held at a convenient location in the Miami Valley area. Notification for all membership meetings shall be published, indicating place, time and date of the meeting, and shall be delivered by mail not less than ten (10) days before the date of the meeting at the direction of the President of the Board. Notice shall be deemed to be delivered when postmarked and addressed to he member at his/her address as appears on the DR records.
(a) A regular membership meeting shall be held each year to conduct annual elections and general business.
(b) A special membership meeting may be called by the President, or majority of the Board, or upon written request of at least twenty-five percent (25%) of family members, delivered to the Secretary and stating the purpose for such a meeting. If the special membership meeting is a result of a written request of such families, it shall be called no later than thirty (30) days after the receipt of such written request. Only such business matters as are stated in the notice calling for the special membership meeting shall be conducted at the meeting
(c) At all membership meetings each family, as defined in Section 7 of this Article, present shall have one (1) vote. All decisions of the voting members shall require a simple majority of members present, except for By-Law Revision, Article XI; and Trustee removal, Article IV, Section 9 which requires two-thirds (2/3)or greater majority vote of those present.
(d) At membership meetings, only members who are in good standing have the right to speak, make motions, and have these motions voted on.
(e) There shall be no voting by proxy at any membership meetings.
Section 3. Meetings of the Board shall be held monthly, unless otherwise determined by the Board. Additional Board meetings may be called by the President or whenever three (3) or more Trustees request it. All Board meetings, except closed executive meetings, shall be open to the general membership. All members in good standing shall have the right to speak at the open Board meetings. Only Trustees are allowed to vote on issues before the Board. Each Trustee will have one (1) vote.
Section 4. All decisions of the Board are subject to a majority vote of those Trustees present, with a quorum being required, with the exception of Article IV, Section 9; and Article VIII, Sections 1 and 3. A quorum shall consist of a majority of elected Trustees.
Section 5. Any action permitted or required by the Ohio not-for-profit Corporation Act. The Articles of Incorporation or these By-laws to be taken at a meeting of the Board or any committee designated by the Board may be taken without a meeting if a consent in writing. Setting forth the action to be taken is signed by all the members of the Board or committee, as the case may be. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State. Subject to the requirements of the Ohio Not-For-Profit Corporation Act, the Articles of Incorporation or these By-laws for notice of meetings, members of any committee designated by the Board, may participate in an hold a meeting of the Board or any committee of Trustees, as the case may be, by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other.
Section 7. For the purposes of this Article, a “family” shall consist of team member(s) and their parent(s), guardian(s), custodian(s) or person(s) responsible for DR team member’s assigned fees, each of which are collectively or individually members in good standing as defined in Article III hereof.
ARTICLE VII – FINANCE
Section 1. The fiscal year of DR shall be from September 1 to August 31 of each year. Fees shall be payable in an amount and manner established by the Board.
Section 2. Any changes in fees or assessments deemed necessary, including refunds, may be made by majority vote of the members of the Board.
Section 3. The funds of DR shall be deposited only in an institution whose deposits are insured by an agency of the Federal government and shall be so deposited within a reasonable time after their receipt. The payment of bills and obligations shall be by bank check. All checks must be signed by the Treasurer. In his/her extended absence or under unusual circumstances, the President or Vice-President shall be authorized to sign.
Section 4. At the end of each Treasurer’s term, the Board may appoint a certified public accountant to audit or review the books of DR and submit a general statement covering the findings of such audit or review to the Board.
ARTICLE VIII – SUSPENSION AND EXPULSION
Section 1. A Member may be suspended by two-thirds (2/3) majority vote of all Trustees. A seven (7) day written notice shall be given the suspended Member affording him/her the opportunity of being heard before the Board. A Member may be suspended for:
(a) Interference with the team, coach or coaching techniques.
(b) Exploiting any Member of the team or using the team for personal gain.
(c) Failure to pay fees or assessments.
(d) Any overt action, communication or interference which would bring discredit to or reflect negatively on the team.
(e) Any material failure to observe the Disciplinary Code and Procedures (Exhibit A) of the team or engaging in conduct materially prejudicial to the interests and purpose of the team.
Section 2. A Team Member may be suspended by the coaching staff. Notification of all suspensions must be given to the President of the Board by the coaching staff within three (3) days.
Section 3. A suspended Member may be expelled by a two-thirds (2/3) majority vote of all Trustees.
ARTICLE IX – CONTRACTS
Section 1. No officer, agent or member of DR shall have unlimited authority to bind DR to any contract or engagement or to pledge its credit or render it liable for any purpose or any amount. The Board may, however, authorize the President or designated person to enter into a specific contract or instrument on behalf of DR.
Section 2. A Member shall not be permitted to approve contracts, loans or expenditures of DR funds, or dispose of physical assets prior to Board approval.
ARTICLE X – PARLIAMENTARY AUTHORITY
Unless otherwise provided by in the By-laws, Robert’s Rules of Order (revised) should be used for the transaction of business.
ARTICLE XI – AMMENDMENTS
These By-laws may be amended by a two-thirds (2/3) majority vote of the families present at any membership meeting, provided the membership has been notified of the proposed amendment in writing in accordance with Article VI, Section 2.
ARTICLE XII – THE DISSOLUTION OF DR
On dissolution, liquidation or winding up of the corporation (whether voluntary or involuntary), the net assets shall be distributed as determined by the Board, but only to one (1) or more religious, charitable or educational organizations exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986, or any such corresponding provisions then enacted.
ARTICLE XIII – OVERDUE MONTHLY OBLIGATION
If failure to pay monthly obligations result in an overdue status of thirty (30) days, the Member will receive written notification; at sixty (60) days, the team will no longer pay swimmer expenses such as meet entry fees or team travel; at ninety (90) days, swimmer will be suspended from swimming practices and team activities until fees are made current
Exhibit A
Disciplinary Code & Procedures
The Dayton Raiders Swim Team is established to promote the sport of swimming and in the process help to develop the character of the individual swimmers,
Whereas, for the orderly operation of the Dayton Raiders Swim Team certain rules and regulations and procedures for enforcing same must be established,
Whereas, it is the expressed intention of the Dayton Raiders Swim Team to set forth procedures that will aid in identifying behavior the club finds undesirable and define a process for addressing an alleged occurrence.
Therefore, be it resolved that the following shall be the Disciplinary Code & Procedures:
This Disciplinary Code shall apply to all behavior occurring during or at an activity or function that is associated with the Dayton Raiders Swim Team including but not limited to: swim practice, swim meets, team trips, team outings, or individual group outings and addresses objectionable behavior by members of Dayton Raiders Swim Team occurring outside of team activities.
The types of objectionable behavior shall be divided into three (3) classifications:
Class I – Shall deal with the behavior that is considered very severe and disruptive, possibly life threatening and/or in direct violation of governmental laws. These are actions that are so detrimental that it is not desirable to have such a person associated with the team.
Class II – Shall deal with behavior that is considered disruptive; having a detrimental effect on one’s self, other members of the team, or the general public; causes significant damage to the reputation of the team and/or their coaches; leading to the possible injury of self or other persons.
Class III – Shall deal with behavior that is somewhat disruptive; does not portray the Dayton Raiders Swim Team in a good light; and other actions that are not in compliance for good behavior as a member of a team or society in general.
Class I Objectionable Behavior:
Unacceptable Behavior (including, but not limited to): Sale or distribution of illegal drugs; conviction of felony and fighting that results in the severe bodily injury of any person (regardless whether at a team activity or not).
Disciplinary Procedure:
The Board of Directors shall send notice of hearing to parent/guardian and swimmer via certified mail.
• Hearing before quorum of Board of Directors with parent/guardian and swimmer being given the opportunity to be present; the facts shall be presented by the Board President or his/her designee; Head Coach shall be present in advisory role.
• Board decision to be mailed to the parent/guardian and swimmer within one week via certified mail.
Recommended Discipline:
• May result in membership termination or other action as determined by the board of directors.
Class II Objectionable Behavior:
Unacceptable behavior as a member of the Dayton Raiders Swim Team at team functions practices and meets. This behavior would include, but not be limited to: Possession or use of illegal drugs, alcohol, or tobacco, theft, or significant vandalism.
Disciplinary Procedure:
• Hearing before Disciplinary Committee consisting of three members of the Board of Directors chosen by a majority of the Board.
• Committee shall send notice of hearing to Parent/Guardian and swimmer via certified mail with parent/guardian and swimmer being given the opportunity to be present;
• The facts shall be presented by the Board President or his/her designee; the Head Coach shall be present in an advisory role.
• Board Committee decision to be mailed to the parent/guardian and swimmer within one week via certified mail.
Recommended Discipline:
• 1st Offense – Suspension* from the team for a minimum period of thirty (30) days of the swimmer’s season (these days may extend into the swimmer’s next season, if needed).
• 2nd Offense - Suspension* from the team for a minimum period of sixty (60) days of the swimmer’s season (these days may extend into the swimmer’s next season, if needed).
• 3rd Offense – Shall be considered a violation of Class I Objectionable Behavior and handled according to the disciplinary proceedings of Class I Objectionable Behavior.
* Terms of suspension shall be spelled by the Disciplinary Committee and must be adhered to by the swimmer/parents in order to be reinstated by the Committee at the end of the suspension period. During the periods of suspension, swimmers remain a member of Dayton Raiders Swim Team and thereby all dues and fees are still due in full from the swimmer. The swimmer cannot be reinstated until any fees and/or dues that are in arrears are paid in full. Additionally, during periods of suspension, all work session requirements remain the responsibility of the swimmer and any missed session will be charged in accordance with the then current fee schedule.
Class III Objectionable Behavior:
Unacceptable behavior at Dayton Raiders Swim Team practices, competitions and team functions that include, but are not limited to: minor vandalism, being disruptive in practices or meets, abusive language or behavior, insubordination to members of the coaching staff, or others, littering, other acts of misconduct as determined by the coaching staff.
Disciplinary Procedure:
• Handled by the Coaching staff (Parents will be involved if anticipated discipline will result in a suspension).
Recommended Discipline:
• As determined by the coaching staff (including but not limited to, extra laps, clean-up duties, suspension from practice, and/or suspension from meet(s)). Repeated Class III offenses may result in the offense being considered a Class II Objectionable Behavior. During all investigations into allegations of Class I & II offenses, involving questioning or interviewing of the subject swimmer, a parent, or guardian of such swimmer shall be present.