SEA Constitution
Constitution
SOUTH EASTERN AQUATICS
ARTICLE I
Name and Purpose
The South Eastern Aquatics Swim Team, Hereinafter referred to as �the team� or
� SEA�, is established at Fort Bragg, North Carolina, as a private organization to manage and support the operation of a competitive swimming program for the Fort Bragg and Fayetteville, North Carolina communities. (DODI) 1000.15.
ARTICLE II
Authority
Section 1. The South Eastern Aquatics Swim Team is established at Fort Bragg, North Carolina, as a private organization with the consent of the installation commander under the provisions of DODI 1000.15, contingent upon the following requirements and conditions:
a. That programs and activities conducted do not prejudice or discredit the military services or other agencies of the United States Government.
b. Those activities will not be conducted in the name of an installation or organization of the Army establishment.
c. That neither an appropriated fund activity nor a non appropriated fund instrumentality will assert any claim to the assets of this organization, nor incur or assume any obligation of any private organization, except as may arise out of contractual relationships.
d. That the SEA will not engage in activities, which are in conflict with, authorized activities of nonappropriated fund instrumentalities as defined in AR 215-1.
e. That the nature, function, and objectives of SEA, together with provisions for proper disposition of residual assets and liabilities upon dissolutions, will be established in this constitution.
f. That the SEA will be self-sustaining and receive no support, assistance or facilities from the Army or the nonappropriated fund instrumentalities defined in AR 215-1, except as provided in AR 215-1 and AR 420-41.
g. That the installation commander has authority to enforce compliance by the SEA with the conditions enumerated herein, to inquire into the activities, and to withdraw his consent for the existence of this organization on the installation if deemed necessary in the interest of the Government.
h. That the SEA is not established to provide morale, welfare, and recreational service essential to the operation of the Army.
Section 2. All members will understand fully that they are personally liable if the assets of the organization are insufficient to discharge all liabilities. Additionally, all members will acknowledge, in writing, that they understand the provisions of this Article and Section.
Section 3. Notwithstanding any other provision of these articles, this organization shall not carry on any activities that are not permitted to be carried on by an organization exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law.
ARTICLE III
Purpose
Section 1. The competitive swimming program shall provide competitive swimming opportunities for authorized members in local, state, interservice and national competition, in accordance with the competitive swimming rules of United States Swimming, Inc. (USS) and the USS Code. United States Swimming is the organization that oversees amateur competitive swimming in the United States. As the National governing Body for the sport, USS is a member of the United States Olympic Committee and the International Swimming Federation. This program includes memberships and participation in the activities conducted by the North Carolina Swimming, Inc. (NCS). The competitive organization established to participate in these activities shall be known as the South Eastern Aquatics (SEA).
Section 2. The South Eastern Aquatics Swim Team is dedicated to the following principles of competitive swimming:
a. Provide training and graduated levels of competition for as many swimmers as can be accommodated by the physical facilities and available coaching staff.
b. Provide a wide base of experienced swimmers in order to contribute to the increased skills needed at the high school, college and senior level of USS.
c. Provide opportunities for the developing competitive swimmer to learn about perseverance and determination, goal setting and achievement, dedication, loyalty and commitment.
d. Provide a wholesome and worthwhile physical/recreational outlet where participants can learn a lifetime sport that will make a major contribution to their health and well being.
e. Provide opportunities for competitive swimmers to learn sportsmanship and team membership.
Section 3. The purposes for which SEA is organized are exclusively religious, charitable, scientific, literary and educational within the meaning of section 501 (c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law.
Section 4. The SEA shall, at all times, be operated on a non-profit basis for the mutual benefit of its members. No dividends or other interests in the assets of the SEA shall be paid by SEA to its members. No part of the earnings of the Team shall inure to the benefit of, or be distributed to, its members, officers, Executive Board members, or any other private persons or corporations, except that SEA shall be authorized and empowered to pay reasonable compensation for services rendered and expenses incurred for the benefit of the SEA. Only the coaching staff of the SEA is authorized salary for duties preformed. All other members, officers, and Executive Board members serve on a voluntary basis without remuneration, personal benefits or any other special consideration.
ARTICLE IV
Officer and Governing Body
Section 1. The SEA Executive Board hereinafter referred to, as the �Executive Board� is the governing body of the SEA Swim Team. Through close coordination with the Director of the Community Activities and Services Business Center (CASBC), Fort Bragg, the Executive Board will formulate and administer the rules and policies to be followed by the SEA.
Section 2. The Executive Board shall consist of a minimum of six elected board members, two appointed board members and the SEA Head Coach. Three of the six elected Board members shall be elected at the annual April General Membership meeting, and all elected Board members shall serve a two-year term. Their service term shall commence on 1 May, following the April meeting at which they are elected. At its first meeting in May, the Executive Board will appoint, as voting members, two additional members: The North Carolina Swimming (NCS) Representative and a Member-at-Large. Their one-year term of office will commence immediately upon their appointment. The SEA Head Coach shall be a non-voting member of the Executive Board. Vacancies in the membership of the Executive Board, occasioned by any reason, shall be filled by the affirmative vote of a majority of the remaining Board members. Board members elected to fill such vacancies shall serve only for the balance of the unexpired term of their predecessors.
Section 3. Either the President, the Treasurer or the Secretary of the Executive Board must be an active duty military person or dependent.
Section 4. The Majority of the Executive Board will be composed of active duty military personnel or their dependents.
Section 5. No elected member of the Executive Board will occupy the same office for a period longer than two consecutive terms of that office or four years, whichever is shorter.
Section 6. The members of the Executive Board shall perform such duties as set forth in the constitution, its By-laws, or assigned to them by vote of the General Membership or the Executive Board.
Section 7. The President shall serve as the chief executive of the South Eastern Aquatics Swim Team and shall have such duties as set forth in Article I of the By-laws.
Section 8. The Treasurer shall be the chief financial officer of the South Eastern Aquatics Swim Team and shall have duties as set forth in Article I of the By-laws.
Section 9. All voting members of the Executive Board shall be volunteers and receive no salary or any form of financial reimbursement or any other form of compensation for the performance of their duties.
Section 10. If any office becomes vacant for any reason, the Executive Board shall fill the vacancy but such appointment must comply with the provisions of Section III in this Article.
ARTICLE V
Membership
Section 1. Membership Categories.
a. Category I - USS Age Group Swimmers (18 and under) who constitute the South Eastern Aquatics (SEA).
b. Category II � Parents and legal guardians of the Category I membership.
c. Category III � Swimmers and boosters who do not qualify for Category I membership and are accepted for limited affiliation by the Executive Board.
Section 2. Eligibility for Membership. Membership shall be open to all eligible personnel regardless of race, color, sex, religion, age, disability or national origin.
Section 3. Membership will include:
a. Category I To be eligible to join the South Eastern Aquatics Swim Team as a Category I member, a prospective member must be 18 years old or younger, pass a swim test approved by the Executive Board, and meet one of the following criteria and priorities.
(1) Be a legal dependent of an active duty member of the Armed Forces stationed at Fort Bragg, North Carolina.
(2) Be a legal dependent of an active duty member of the Armed Forces in the immediate area who is not assigned to Fort Bragg.
(3) Be a legal dependent of a DA civilian employee residing on or near Fort Bragg.
(4) Be a legal dependent of active duty military personnel, including allied forces personnel who are assigned for duty with US forces, authorized US Army logistic support determined by the installation commander.
(5) Be a legal dependent of retired military personnel residing near the installation.
(6) Be a legal dependent of a Civil Servant residing near the installation.
(7) Be a legal dependent of Reservists of any service, active or retired, residing near Fort Bragg.
(8) Be a legal dependent of a civilian provided total percentage of the team membership accepted under this priority is 25% or less.
b. Category II Category II membership is limited to the current parents or legal guardians of Category I members.
c. Category III Eligibility for category III Membership is limited to member of the Armed Forces and to Category II members and swimmers who should, otherwise, be qualified for Category I membership, except for age, who are accepted by the Executive Board for limited affiliation with the swim team, to include practice with the team and swim meet entries in �open� events, Senior meets or Masters meets.
Section 4. The South Eastern Aquatics will be formed in the fall, usually in September, of each year. Membership will be determined through swimmer tryouts at a time announced by the Executive Board. The SEA membership will be limited in total size, consistent with pool limitations and coaching staff available. Owing to the limitations of pool space and available coaches for training, the Executive Board may establish a limit on the number of Category I swimmers, if necessary. If applications exceed limitations, vacancies will be filled in accordance with the eligibility priorities in Section III of this Article. In no case will the membership of swimmers already on the team be terminated to reduce the total number of swimmers.
Section 5. All members of SEA must swim and represent SEA in accordance with the USS Code, unless exempted for reasons approved by the Executive Board.
Section 6. Once accepted as a SEA team member, no further tryout is required, provided membership is continuous and the team member is in good standing.
Section 7. SEA membership may be terminated by the Executive Board for failure to comply with the SEA rules establishing the �Good Standing� criteria of team members. Each team member will be provided a written copy of the �Good Standing� criteria upon joining the team. These rules will be reviewed by the Executive Board for appropriateness. Revocation of team membership will automatically terminate the parents� or legal guardians� membership in SEA.
Section 8. Any individual whose membership has been terminated for lack of good standing may be reinstated upon approval of his/her written request to the Executive Board, five-eights (5/8) of the board members concurring with the vote. Such reinstatement automatically entitles the parents or legal guardians of the swimmer membership in SEA.
ARTICLE VI
Activities
Section 1. The SEA will direct and supervise operation of the SEA in accordance with regulations that pertain to the Fort Bragg MWR program and the USS Code.
Section 2. The Executive Board, in conjunction with the Head Coach, will determine the scope of the SEA through annual planning, prior to the indoor Short Course Season.
Section 3. The Executive Board will ensure that all funds raised for the SEA are used efficiently, the funds are safeguarded and properly accounted for, and that all disbursements are used only to enhance and support the team�s purpose. They will also review and approve all financial statements and reports. Either the President, Treasurer, or Team Manager will sign all contracts and agreements authorized by the Executive Board.
Section 4. The Executive Board will act as the final arbiter on membership applications and termination actions.
Section 5. The Executive Board will approve the appointment of the SEA Head Coach and all committee chairmen, prescribing their functions and duties.
ARTICLE VII
Meeting and Quorums
Section 1. The South Eastern Aquatics Swim Team will hold two regular meetings of its active members each year, the first to be held in September and the second in April. The September meeting shall be conducted primarily for USS registration and orientation. At the April meeting, the Category II members shall elect, by a plurality vote, three members of the Executive Board to hold office for the next two years. At both meetings, the members shall transact such other business as may be properly be brought before the meeting. The President will call such meetings and must have 10 working days advanced notification published.
Section 2. Special meetings of the General Membership may be held at any time, pursuant to a resolution of either the Executive Board or the General Membership.
Section 3. Each parent or legal guardian will be permitted one vote at the general election, regardless of the number of SEA swimmers in the family. At least 20 percent of the families enrolled in SEA must be represented at this meeting to constitute a quorum.
Section 4. Business meetings of the Executive Board will be conducted in accordance with Robert�s Rules of Order. Board transactions may be approved with a consenting five-eights (5/8) vote of the board. Such meetings will normally be conducted at least once a month, however, the President, as required, may call additional meetings.
Section 5. Minutes of all Executive Board meetings will be forwarded to the Fort Bragg Community Activities and Services Business Center.
Section 6. Any member of the SEA may attend Executive Board meetings and may submit any matter of business for consideration by the Board. Only the voting members of the Executive Board may vote on any motions before the Board.
ARTICLE VIII
Adoption and Amendments
Section 1. This Constitution and its By-Laws are adopted subject to approval by a two-thirds of the current South Eastern Aquatics Swim Team General Membership at a duly constituted meeting and the installation commander.
Section 2. To amend this Constitution or its By-Laws, 25 percent of the families enrolled in the SEA must be present, either in person or represented by proxy, at any meeting where such a vote is conducted, and is subject to approval of the installation commander.
ARTICLE IX
Dissolution
Section 1. Upon dissolution, either by initiative of the membership or upon withdrawal of consent by the installation commander, disposition of remaining assets after debts and obligations have been liquidated will be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future Federal Tax Code, or shall be distributed to the Federal, state or local government for a public purpose. Any such assets not so disposed of shall be disposed of by the court of common pleas, of the county in which the principal office of SEA is then located, exclusively for such purposes.
Section 2. All members are liable for any club debts as stated in Article II � Section 2 of this constitution.
BY- LAWS
SOUTH EASTERN AQUATICS SWIM TEAM
Article I
Duties of Officers
Section 1. The President shall preside at all meetings of the South Eastern Aquatics Swim Team and of it Executive Board, appoint standing and special committees, be an ex-officio member of all committees, and make interim appointments to fill vacancies created by the departure or termination of elected Board members, with the advice and consent of the other Board members. The President shall coordinate policy and fund raising matters with IAW DODI 1000.15. He should also attend the annual meeting of the North Carolina Swimming, Inc. (NCS), the local governing body for the United States Swimming, Inc.
Section 2.
a. The 1st Vice President shall perform the duties of the President during the latter�s absence, and shall assume the office of the President in case of the departure or incapacitation of the President. He shall also perform any other duties assigned to him by the President.
b. The 2nd Vice President shall perform the duties of the 1st Vice President during the latter�s absence, and shall assume the office of the 1st Vice President. He shall also perform any other duties assigned to him by the President.
Section 3. The Secretary is responsible for the preparation and typing of correspondence, certificates, notices and other matters, as deemed appropriate. The Secretary shall record, prepare and maintain minutes of meetings; notify all Board members about meeting times and locations; ensure that all correspondence is properly preserved and filed until disposed of by the Board; and ensure minutes of meetings are forwarded to CASBC, within 10 working days following the meetings.
Section 4. The Treasurer administers the day-to-day financial business of the SEA, to include billings, collections and deposit of dues and fees, maintenance of bank accounts and the preparation of periodic financial statements, He assists the President in budget preparation and disburses funds in accordance with direction from the Board; and monitors the same. The Treasurer will ensure that monthly financial statements are forwarded to CASBC and that an Annual Audit is done and submitted to CASBC. He also provides information for the preparation of SEA rosters and must certify any team member�s financial status whenever that member is transferring to another USS club.
Section 5. The Team Manager, in coordination with the Head Coach and the Entry Chairman, ensure that team entries for the SEA are submitted on time. He obtains uses of Fort Bragg pools for swim meets which the Executive Board elects to host and functions as or designates the Meet Manager for such meets. In addition, he develops, maintains and furnishes the required copies of a Standing Operating Procedure (SOP) for conducting such meets.
Section 6. The North Carolina Swimming (NCS) Representative is the SEA�s official representative to North Carolina Swimming, Inc., and, as such, is a voting member of its House of Delegates. He attends NCS meetings and reports, to the Executive Board, all decisions that affect future USS activities. He performs such other functions as deemed appropriate by the Board.
Section 7. The Member-at-Large is responsible for maintaining close rapport with the families of SEA swimmers and ensures the Executive Board is aware of any matters that the general membership may wish brought before it. This officer�s duties are general in nature, and he or she performs any other functions deemed appropriate by the Board.
Section 8. The Head Coach is responsible for the technical aspects of the SEA operation, to include: daily swim practices, tryouts and coaching all aspects of competitive swimming. He coordinates, with the appropriate Board members and committee chairman, to prepare meet entries, award ceremonies and awards, publicity, transportation, etc. The Head Coach is responsible for personal supervision of assistant coaches, the maintenance of SEA property and recommendations for the procurement of equipment and supplies. He serves as an appointed and non-voting member of the Board, and he coordinates with the Board in the determination of the yearly swim meet schedule.
Section 9. In the case of the absence of any officer of the SEA, or for any other reason that the Board may deem sufficient, the Board may delegate the powers or duties of such officer to any other Board member, for the time being, provided a majority of the Board concurs therein.
ARTICLE II
Election and Voting
Section 1. Three of the six elected members of the Executive Board of the South Eastern Aquatics Swim Team shall be elected at the annual April General Membership meeting. Each Board member shall serve for two consecutive years unless he resigns, is removed with or without cause by a two-thirds (2/3) majority vote of the SEA present at any special meeting called for the purpose, provided a quorum is present. Vacancies in Board membership shall be filled by appointment, in accordance with Article II, Section 1 of the Constitution. Board members must be active members of the SEA.
Section 2. The President will appoint a Nominating Committee at least 45 days prior to the election for the purposes of recommending a minimum or three nominees to the Executive Board 15 days before the election. The list of nominees must be announced 7 days prior to the election and after approval of the Executive Board.
Section 3. Additional nominations, if any, for elective offices must be received from the members attending the election.
Section 4. If more than three individual are nominated for Board membership, the election must be by secret, written ballot. Such ballots will be collected and tallied with public announcement of the winners at the election meeting. If only enough members are nominated to fill all Board vacancies (normally three), the General Membership may signify its intent by a voice vote at the election meeting.
Section 5. An individual may be elected to Board membership for more than one consecutive term; however, he may not be elected to serve in the same office for more than two consecutive terms or four years, whichever is shorter.
Section 6. Vacancies created by the departure or the President with the advice and consent of the Executive Board will fill termination of elected Board members, four Board members concurring. Such appointment does not constitute a �term of office� for the provisions in Section 5 of this Article or in Section 5 Article IV of the Constitution. Upon departure or resignation of the President, the 1st Vice President will assume that office.
ARTICLE III
Dues and Fees
Section 1. No initiation fee will be required to join the SEA.
Section 2. The Executive Board will prescribe fees, dues, assessments or any other charges necessary for the management of the SEA.
Section 3. SEA membership dues will be charged on a payment schedule determined by the Executive Board. This payment schedule may be structured to allow a longer payment period for those families with more than one swimmer. If the dues payments become more than three months in arrears, the swimmer(s) will be suspended from all team activities.
Section 4. SEA members who fail to meet their financial responsibility will be removed from the roster of active membership, if the account is not settled, and referred to the Executive Board for appropriate action. The Executive Board will make the final decision concerning membership.
Section 5. In accordance with the USS Code, no USS team member who has resigned, departed or been expelled from this Team for an unpaid financial obligation shall be certified as eligible to compete in any USS event or to join another USS club/organization until such indebtedness is paid.
Section 6. Membership in the USS team is an annual obligation and fees must be paid for the entire year.
ARTICLE IV
Insurance Coverage
Members who enroll in the USS program automatically receive insurance coverage under the auspices of the National Organization for competition under any USS-sponsored swim meet.
ARTICLE V
Awards and Gifts
The Executive Board will prescribe the awards/ gifts that may be presented under the SEA program. The Awards Program will be reviewed annually, and a copy of the Awards Program will be furnished to each family upon joining the team.
ARTICLE VI
Officers
Section 1. The SEA officers shall be chosen by the Executive Board and shall, as a minimum, consist of officers cited in Section 2, Article IV of the SEA�s Constitution.
Section 2. The Executive Board, at its first meeting after the April General Membership meeting, shall choose its officers from its members, except the Head Coach (who is ineligible to hold office).
Section 3. The Executive Board shall appoint and remove such other coaches, agents, clerks or employees as it deems necessary, who shall hold their positions of employment for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board.
Section 4. Executive Board members may be removed at any time by the affirmative vote of a majority of the entire Executive Board. If the office of any officer becomes vacant for any reason, the Executive Board shall fill the vacancy.
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PRESIDENT DATE
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SECRETARY DATE