(Adopted January 2016, Revised October 2018)
Statement of Purpose
Loveland Masters Swim Club (LMSC) is a year-round swimming program for adults and exists to benefit all interested adult swimmers from beginner to former Olympians. We are dedicated to helping each member achieve his or her goals as an athlete and as an individual. The overriding philosophy of masters swimming is that participation in sports can and should be a life-enhancing, life-long experience. Our program emphasizes structure, instruction and social opportunities.
LMSC is organized and shall operate exclusively for educational and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. No part of LMSC’s net earnings shall inure to the benefit of any private person or individual, and LMSC shall not attempt to influence legislation or to participate or intervene in (including the publishing or distributing of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.
ARTICLE I – General Provisions
1.1 Principal Office
The principal office for the transaction of the business of LMSC is located in Loveland, Larimer County, Colorado. The board of directors (board or directors) may at any time change the location of the principal office in this county.
1.2 Fiscal Year
The fiscal year of LMS shall begin on the first day of January of each year and end on the last day of December in the same year.
ARTICLE II – Membership
2.1 Active Members
Any person 18 years of age or older who is a current member of United States Masters Swimming and who pays the required LMSC dues shall be an active member of LMSC.
2.2 Dues
Dues amount and payment deadline shall be set by the board of directors.
2.3 Liabilities of Members
No member shall be personally liable for the debts, liabilities, or obligations of LMSC.
ARTICLE III – Officers
3.1 Elected Officers
The elected officers of LMSC shall be the president, president elect, secretary, and treasurer.
3.2 Appointed Officers
Officers may be appointed by the president and approved by the board of directors. Such officers could include, but are not limited to member-at-large, member outreach chair, and social chair.
3.3 Duties of Officers
3.3.1 President
Shall have general supervision, direction, and control of the business and affairs of LMSC. The president shall preside at all membership meetings and meetings of the board of directors, and shall have such other authority, duties, and responsibilities as prescribed from time to time by the board of directors. The president shall direct and control the activities of the employees of LMSC unless he or she delegates such duties to others.
3.3.2 President Elect
In the absence or disability of the president, the president elect shall perform the duties of the president and in so acting shall have the authority, duties, and responsibilities of the president. The president elect maybe asked to perform other duties as prescribed from time to time by the president or board of directors.
3.3.3 Secretary
Keep records of all LMSC proceedings, including the minutes of all meetings and committee reports; make records and minutes available to members on request; maintain records of the bylaws, any special rules and have these records on hand at every meeting. In the absence of the president and vice president, call meetings to order and preside until a chair pro-tem is elected as the first order of business. Work with the treasurer to maintain membership records. Perform other duties as prescribed from time to time by the president or board of directors.
3.3.4 Treasurer
Collect dues and other LMSC income. Deposit funds into one or more financial institution designated by the board of directors. Pay club expenses in a timely manner, including but not limited to coaching, life guards and pool space expenses. Work with the secretary and other member(s) of the Board to maintain membership records. Prepare an annual financial report within 90 days of the end of the fiscal year and provide copies of that report to the board of directors. Report current financial status at least quarterly to president or president-elect. Arrange for at least one back-up board member to have emergency access to club finances. Perform other duties as prescribed from time to time by the president or board of directors. It is suggested the treasurer be experienced with accounting policies and procedures as well as non-profit organizations.
3.4 Compensation
Officers will not be compensated for their service on the board. The treasurer will get a waiver of dues for as long as he/she serves in that position.
3.5 Election of Officers
3.5.1 Officers will be elected every two years and will be elected at the annual membership meeting during the summer. The terms of the six directors shall be staggered such that in alternating years, three of the directors’ terms expire.
3.5.2 Any LMSC member in good standing is eligible to run for office.
3.5.3 Candidates for office may be nominated by another member or self-nominated.
3.5.4 Candidates for office may be nominated in advance of the annual meeting by submitting their desire to run to the secretary, or may be nominated at the annual meeting.
3.5.5 At a Special Membership Meeting in January 2017, a quorum of members shall vote to extend the terms of three directors to three years in order to initially create the staggered terms.
3.6 Recall
3.6.1 A director may be removed from office, for cause, by a two-thirds vote of the members participating in a special meeting.
3.6.2 A director may be removed from office by the remaining directors for cause, including but not limited to failure to attend three consecutive regular meetings without an absence excused or acknowledged by the president, ceasing to be an LMSC member in good standing, and ceasing to be a USMS member in good standing.
3.7 Vacancies
3.7.1 Vacancies on the board shall be filled by a vote of a majority of the remaining directors regardless of whether there is a quorum, or by the sole remaining director. A director so elected shall serve until the next regular election.
3.7.2 In the event that there are no remaining directors, the remaining officers of LMSC shall appoint a nominating committee and call for a special meeting for the purpose of electing a new board.
ARTICLE IV – Head Coach
4.1 Head Coach Swim Practice Duties
The head coach will provide daily swimming instruction and set design for all LMSC members. It will be the responsibility for the head coach to provide overall swimming instruction for all levels of swimmers, and to manage the pool traffic and etiquette. As directed by the treasurer, the head coach is responsible for taking daily attendance, and submitting a monthly attendance report to the treasurer.
4.2 Head Coach Board of Director Duties
The head coach should be present at all board of director meetings, and should provide a report on: the overall progress of practices, any problem areas, and any needs for running and effective masters swimming program. The head coach will frequently have a significant role in the overall direction of the club as well as agenda items at board of directors meetings.
4.3 Other Head Coach Duties
The head coach may be asked to perform other duties as prescribed from time to time by the president or board of directors. Duties may include but not be limited to: coaching the team at away meets, communicating with potential new members, marketing, and meet direction.
4.4 Compensation
Compensation for any coach shall be established by the board of directors during executive session.
4.5 Assistant/Substitute Coaches
The head coach will maintain a list of potential assistant (substitute) coaches to aide when the head coach is not able to be at practice. Qualified coaches, such as members who have been certified through a coaching program by USMS or who have had requisite experience, will be approved by the board. Potential substitute coaches who are qualified will be solicited first. In cases where none of the substitute coaches are available, the head coach may ask any other USMS member to serve as coach on deck.
4.6 Coaches Voting
As employees, coaches will not have a vote at membership or board of directors meetings.
4.7 Cancellation of practice
The head coach shall cancel practice in the event that the pool facility is closed due to weather emergency or other conditions leading to closure of the pool. For weather emergencies during which pool officials have not made a clear determination, canceling practice is at the discretion of the head coach. For other types of emergencies that may lead to cancellation, the head coach will adhere to the both the MVHS facility and LMSC Emergency Action Plan.
ARTICLE V – Meetings
5.1 Membership Meetings
5.1.1 Annual Membership Meeting
An annual meeting of members shall be held annually during the summer. The board of directors shall provide members a minimum of 30 days notice of the annual meeting. The annual meeting shall be for conducting necessary elections and/or communicating election results, discussing requests for any necessary modifications to the bylaws, receiving reports from officers and committees, and for any other business that may arise.
5.1.2 Special Membership Meetings
Special meetings of the members may be called at any time by the president, by any four officers, or by petition signed by 20 members. Special meetings may be called for any purpose. Notice of the time, place, and purpose of a special meeting shall be provided to members by the president, by the directors or other members who called the special meeting, at least 15 days in advance of that meeting.
5.1.3 Quorum
A quorum for voting to occur at any membership meeting shall be 20 percent of all members entitled to vote.
5.2 Board of Director Meetings
5.2.1 Regular Meetings
The board shall hold a regular meeting each quarter to conduct the business of LMSC.
Reasonable advance notice of such meetings shall be given to the board of directors. Regular meetings shall be open to all LMSC members. Following parliamentary procedure, all members present whether officers, employees, or general members, will be allowed to participate.
5.2.2 Special Board Meetings
The board may hold special meetings as necessary and for any purpose. Any director may call a special meeting.
5.2.3 Meeting Locations and Announcements
Notice of the time and location of each board meeting shall be given to each officer and the head coach not less than 48 hours in advance of the meeting. Notice may be given personally or by any electronic method agreed to by the board of directors. All reasonable attempts will be made to communicate the time and location of board meetings to all members of the board, the general membership, and employees.
5.2.4 Executive Sessions
Legal, personnel, or other matters requiring confidentiality shall be held in an executive session called by the president. Such executive session shall be closed to all but voting members of the board, and other individuals deemed necessary for the discussion.
5.2.5 Quorum
A quorum for any board meeting shall be four officers for the transaction of business. Decisions require four concurring votes.
5.2.6 Voting
Only officers and appointments to the board will be eligible to vote. Employees and general members of the LMSC are not eligible to vote at board of director meetings.
5.2.7 Parliamentary Authority
All LMSC meetings shall be conducted following the current edition of Robert’s Rules of Order unless those rules conflict with these bylaws or any special rules the board may adopt.
ARTICLE VI – Changes to the Bylaws
6. 1 Amending, Repealing, or Modifying the Bylaws
These bylaws may be amended, repealed, or otherwise modified by a quorum of members consistent with the processes described above.
6.2 Submitting Changes to the Bylaws
Proposals for bylaw amendments, repeal, or other modifications shall be submitted in writing to the board at least 30 days prior to the annual or special meeting.
6.3 Notifying Members of Proposed Changes to Bylaws
Reasonable advanced notice of all proposals for changes to the bylaws shall be made available to the members at least 15 days prior to the annual or special meeting.