|
|
Constitution and By-Laws HEIDELBERG SEA LIONS SWIM TEAM ARTICLE I The name of this private organization shall be the Heidelberg Sea Lions Swim Team & Booster Club, hereinafter referred to as the Booster Club. ARTICLE II SECTION 1. Purpose: The purpose of the Booster Club is to support the Heidelberg Sea Lions (HSL) Swim Team. HSL is a competitive swimming program for youth ages 6 to 19 that emphasizes proper body position, efficient stroke technique, breath control, mental and physical discipline, well-rounded fitness, and sportsmanship. SECTION 2. Scope: The Heidelberg Sea Lion Swim Team is affiliated with the European Forces Swim League (EFSL). The Booster Club may also choose to affiliate with and operate through the Heidelberg Youth Services if benefit is derived from that association. SECTION 3. Status: The Booster Club is not an agency of the United States. It will be self-sustaining, and may not receive financial assistance from the United States Army nor from any Non-Appropriated Fund Instrumentality (NAFI). ARTICLE III The Booster Club will receive written authorization from the US Army Garrison – Heidelberg (USAG-H) Commander or his designated representative to operate as a garrison Private Organization (PO). This document will state that neither the garrison, nor the Department of the Army will have any responsibility nor liability for the Booster Club’s action or debts, and specify that the Garrison Commander may revoke permission to operate at any time. The current Letter of Authorization from the Garrison Commander will be maintained in the Booster Club records and should be resubmitted , no later than June 1st, each even year. The policies of the Booster Club will conform to the requirements of Army Regulation (AR) 210-22 and Army in Europe Regulation (AE Reg) 210-22. SECTION 1: Federal Income Tax. Notwithstanding any other provision of these Articles, the Booster Club may not carry on any other activities not permitted to be carried on (i) by an organization exempt from Federal Income Tax under section 501- (c) (3) of the Internal Revenue Code, or (ii) by an organization, contributions to which are deductible under section 107-(c) (2) of the Internal Revenue Code. SECTION 2: Authorized support. The Booster Club will not use Army services not authorized for the support of a private organization beyond that permitted by Joint Ethics Regulation §3-211, for example, legal, audit, transportation, postal, printing, information management activities, clerical, financial, copying, management and procurement services. SECTION 3: Laws and regulations. To the extent required by local authorities, the Booster Club will obtain necessary licenses and certificates, and register its activities. The Booster Club will similarly comply with local fire and safety regulation, environment laws, and other applicable statutes and regulations. Finally, the Booster Club will comply with all Federal and host nation tax laws and codes. SECTION 4: Civil rights. The Booster Club will neither propagate extremist activities nor advocate violence against others or the violent overthrow of the Federal Government. Booster Club activities will not seek to deprive individuals of their civil rights. SECTION 5: Official Correspondence. The Booster Club will not use the following in its official correspondence, including title and letterhead: the symbol or seal of the Department of Defense (DoD) or the acronym “DoD;” the name, abbreviation or seal of any DoD Component or field activity; the seal, insignia, or other identifying device of the local garrison; nor any other name, abbreviation, seal, logo, insignia, or the like used by any DoD Component to identify any of its programs, locations or activities. SECTION 6: Non-compete. The Booster Club will not conduct activities that may discredit the Army, DoD or the Federal Government; impose a financial obligation of the Army or NAFI; or duplicate and/or compete with authorized Army or NAFI activities. ARTICLE IV SECTION 1. Membership in the Heidelberg Sea Lions Booster Club shall consist of swim team members, custodial parents/guardians of swim team members and other interested parties within the USAG-H “footprint.” At least 90% of Booster Club members shall have SOFA status. Booster Club membership, rights and responsibilities are further defined below: A. HSL Swim Team Member: Children 6 – 19 years of age, who live or attend school within the USAG-H “footprint,” subject to the limitations and exceptions set forth in the EFSL Constitution and By-Laws. Non-U.S. Forces personnel membership shall be in accordance with AE Regulation 210-22 and the EFSL Constitution and By-Laws. Swim team members may serve on the Board as indicated in Article V below. Swim team members will neither have voting rights on the Board nor the Booster Club. B. Adult Member: A custodial parent or guardian of a swim team member, and other interested parties within the USAG-H “footprint,” subject to the limitations and exceptions set forth in the EFSL Constitution and By-Laws. The Booster Club is open to all persons working or living within the USAG-H “footprint” who subscribe to the purpose and policies of the Club. Non-U.S. Forces personnel membership shall be in accordance with AE Regulation 210-22 and the EFSL Constitution and By-Laws. General membership voting rights are limited to one vote per family. SECTION 2. Enrollment: The Booster Club shall conduct an annual enrollment of members in conjunction with the beginning of the competitive swim season; however, persons may be admitted to membership at any time. Completion and submission of an application form, Sea Lions Medical Power of Attorney and a current sports physical to the Booster Club President or designated representative constitutes application for membership for the swimmer and parents. A swimmer’s and parent/guardian’s membership will be confirmed after the application has been signed and submitted to the President. With this application, the swimmer/parent acknowledges having access to the Constitution/By-Laws (posted on the team website) and agrees to its terms. SECTION 3. Acceptance for Membership: A. HSL Swim Team Member: A child registered with the Booster Club who: 1. satisfactorily completes the swim proficiency test administered by an HSL Coach, and 2. signs, follows and adheres to the Conduct Code of the Heidelberg Sea Lion’s Swim Team. B. Booster Club membership shall be limited to individuals. There shall be no corporate or other group memberships. Adult members shall be entitled to all rights and privileges of membership with the exception of general membership voting rights, which are limited to one per swim team family.. Child members, 19 years of age or under, are entitled to all rights and privileges of membership except that they may not serve as elected officers of the Booster Club nor do they have general membership voting rights at Booster Club Meetings. C. The Booster Club does not discriminate in membership on the basis or race, color, religion, national origin, sex or mental or physical handicap.
D. Adult members agree to sign a Parent’s Code of Conduct and to work a specified number of volunteer hours during each swim team season. 1. These hours may be accumulated on a per-family or per-swimmer basis. Hours worked during the off-season (1 March through 31 July) may be applied to upcoming swim season. 2. In the event a Booster Club member fails to work the specified number of hours at the rate determined by the Board will be assessed a monetary penalty. In addition, a Booster Club member may pay a fee at the in lieu of working any volunteer hours. Outstanding fees from a previous swim season must be paid before a swimmer may be allowed to register for a new season. 3. Booster Club members may also be required to participate in team fundraising activities (as a subset of volunteer hours) or pay a supplementary fee instead. The minimum number of volunteer hours and fundraising activities required will be determined by the Board prior to the first general membership meeting. SECTION 4: Dues. Failure to pay dues as specified in Article XI may result in suspension or revocation of active membership status. SECTION 5: Inactive Status. Members may withdraw from the Booster Club at any time by returning all pool passes, swim team equipment, and providing written notification to the President of the Booster Club and/or the Head Coach NLT the 5th day of the month. A swimmer’s membership in the Booster Club may also be revoked by the President, with the approval of the Board, for failure to uphold the Booster Club’s stated standards, goals and rules. If a swim team member’s enrollment is revoked, the member will have 5 days from receipt of the notice of revocation to return pool passes and team equipment. Failure to return said items will result in an assessment against the swim team member to pay for the items. ARTICLE V SECTION 1. Management: The Heidelberg Sea Lions Swim Team is directly supervised, and managed by the Board of Directors, hereinafter referred to as “the Board.” The Board of Directors shall consist of the following officers: a President, a Vice-President for Swimming Operations, a Vice President for Club Activities, a Secretary, a Treasurer, a Statistician, a Publicity Coordinator/Webmaster, a German Liaison/Travel Coordinator, and a Fundraising Chair. Although not a member of the Board, the Head Coach will also attend Board Meetings. Upon election of a new Board at the end-of-season Annual Banquet, the first order of business of the Board will be to establish a budget for the coming swim year and have it approved by the Booster Club. SECTION 2. Eligibility for Office: To be a member of the Board of Directors, an individual must be a member in good standing and not be affiliated with any other EFSL Swim Club. Nominees for office should have, to the best of their knowledge, one year remaining in the community. If the situation arises where a Board member is related to a member of the coaching staff, the Board member shall recuse him- or herself from discussions involving their family member. SECTION 3. Selection of the Board of Directors: A. The President shall appoint a nominating committee of at least three members no later than two months prior to the Annual Banquet. They shall present a slate of candidates to the general membership at the Annual Banquet of at least one candidate for each office. Additional nominations may be made from the floor at the Annual Banquet. The slate shall consist of nominations for the positions listed in Section 1 above. B. The Board of Directors shall be elected by the majority vote of the Booster Club members present at the Annual Banquet. Should a single slate be presented and there are no nominations from the floor, voting shall be by voice proclamation for acceptance. If there are multiple nominations for any office, voting shall be by secret ballot C. If no Booster Club member is elected to a position on the Board of Directors, or if a Board member is unable to continue his/her term in office, or is absent from the local area for an extended length of time (greater than 30 days) that precludes him/her from carrying out his/her appointed duties, the President, with approval of the Board, may request another Booster Club member to assume the duties of the absent Board member. SECTION 4. Term of Office: The Board of Directors shall be elected for a term of one year, from 01 April through 31 March of the following year. SECTION 5. Duties of Officers: A. President: The President (with voting rights) shall be the executive officer of the Booster Club and shall have general supervision over all Club business and affairs. The President will preside over all meetings; enforce the Booster Club Constitution/By-Laws, rules and objectives or orders of the Board. The President shall represent the Booster Club at all European Forces Swim League (EFSL) meetings and appropriate community functions. The President shall have the authority to sign checks and disperse monies in coordination with the Treasurer. The President may approve the expenditure of up to $500.00 at his/her discretion for miscellaneous expenses of the Booster Club with proper documentation, with the exception of payments to him/herself. The President will appoint a Booster Club member to draft welfare requests on behalf of the Heidelberg Sea Lion Swim Team, which the President shall process. With the consent of the Board, the President may other committee chairs as necessary. The President shall be a member ex-officio of all committees except the Nominating Committee. The President will also provide recurring written counseling to the coaching staff at least twice during the swim season. B. Vice-Presidents: In the absence of the President, the Board shall select a Vice-President to assume the duties of the President. Either Vice-President may approve expenditures of up to $100.00, with the exception of payments to him/herself. 1. The Vice-President for Swimming Operations (VP/SO)(with voting rights) shall serve as the Home Meet Director and will be responsible for coordinating those activities on the pool deck related to the running of home meets and shall task Booster Club members with the assistance of the Volunteer Coordinator. The VP/SO shall ensure that home meets have proper swim league officials' support and that the starting equipment is provided. The VP/SO will attend the EFSL Championship Seeding Meeting. The VP/SO will ensure that all home meets are adequately staffed with qualified Swim Officials and will solicit visiting teams for additional positions if necessary. The VP/SO is the HSL team Officials POC for away meets. The VP/SO is responsible for ensuring that the HSL team has sufficient numbers of qualified officials for each season. The VP/SO will track all HSL members with Officials credentials and their current qualifications and will notify those individuals of upcoming Officials’ Clinics. The VP/SO will recruit additional HSL members for officiating responsibilities if needed. 2. The Vice-President for Club Activities (VP/CA)(with voting rights) will be responsible for the promotion of all non-swimming HSL activities and will be responsible for coordinating those activities off the pool deck that occur during home meets and shall task Booster Club members with the assistance of the Volunteer Coordinator. The VP/CA has overall responsibility for fundraising activities, and will provide general guidance to the Fundraising Chair. The VP/CA will also provide general supervision over the operations of the Swim Shop Manager, the Meet Concessions Coordinator, the Volunteer Coordinator, the School Liaison Officer, the Social Director, and the Hosting Coordinator. The VP/CA may enlist separate chairs and Booster Club members for assistance. In coordination with the Treasurer and Volunteer Coordinator, he/she will identify Swim Team Families who do not wish to participate in volunteer/fundraising events for assessment of non-participation fees. C. Secretary: The Secretary (with voting rights) shall be responsible for the preparation of all HSL Booster Club correspondence. The Secretary shall keep the minutes of all meetings and have the previous meeting’s minutes at the next Board/general membership meeting for review/approval. The minutes of all Booster Club meetings shall also be provided to the Webmaster for posting on the team’s website. In conjunction with the Board, the Secretary will assemble registration packets; assist with registration and distribute information to the appropriate Board members; and retain completed packets. The Secretary will maintain the registration records for each registered swimmer’ and maintain the team roster with contact information for swimmers and their parents. Updates to the roster will be provided to the Board members immediately and to the general membership monthly. The Secretary will also prepare Booster Club correspondence, including thank you notes and letters to local agencies and the military community. D. Treasurer: The Treasurer (with voting rights) shall be the custodian of all Booster Club funds. The Treasurer is authorized to disburse funds for recurring or one-time bills for Board approved projects. The Treasurer may approve expenditures of up to $100.00, with the exception of payments to him/herself. The Treasurer may disburse up to $500.00 for miscellaneous expenses of the Booster Club with approval of the President or the Board with proper documentation. The treasurer will pay bills in excess of $500.00 for items previously approved by the Board. (Examples: Team budget items, bus invoices, equipment ordered or resale invoices, coaches’ salaries, and pool rentals.) The Treasurer will use a receipt process for all financial transactions, and will obtain and use VAT forms as necessary. The Treasurer, through the use of a reimbursement form, will process individual reimbursement requests. The Treasurer shall ensure all affiliation dues and swimmer fees are paid in a timely manner. The Treasurer will process Booster Club banking transactions: deposits, withdrawals, and electronic fund transfers. The Treasurer will also maintain a petty cash fund in both Euros and dollars for use at fundraisers and home meets. The Treasurer will provide monthly financial statements and bank reconciliations to the Board during regular monthly meetings. The Treasurer will prepare the annual Booster Club budget in coordination with other Board members. The Treasurer will prepare all financial documentation for the annual independent audit. The Treasurer will collect dues from swimmers IAW the yearly dues payment plan approved by the Board. The Treasurer will maintain a dues database of current swimmers and report swimmers delinquent (in excess of 30 days) to the President. In coordination with the Fundraising Chair and Volunteer Coordinator, he/she will identify Swim Team Families who do not wish to participate in volunteer/fundraising events for assessment of non-participation fees. E. Statistician: The Statistician (with voting rights), in conjunction with the VP/SO, will coordinate the necessary equipment and software to support the seeding and scoring of all home meets. The Statistician will ensure that trained individuals operate the computer equipment during home meets, prepare and distribute necessary pre-meet information and ensure that all times on meet results are correct. The Statistician is responsible for ensuring runners are trained for home meets in coordination with the VP/SO. The Statistician will update a team roster with each swimmers name, sex, age, birth date, and league identification number prior to time trials and will submit this data to the EFSL in a timely manner. The Statistician will ensure that each swimmer’s individual records are correctly shown in EFSL standings. The Statistician will provide meet results to the Head Coach and visiting teams’ coaches at the end of the meet and to the Webmaster/Publicity Coordinator by the close of the next business day. The Statistician will monitor league records and maintain current team records notifying the Board when any HSL swimmer ties or breaks a team or league record. The Statistician will prepare and provide any other external statistical requirements and documents as directed by the Board or League. The Statistician will assist the coaches as necessary in preparation for the EFSL Championship Seeding meeting. F. Publicity Coordinator/Webmaster: The Publicity Coordinator/Webmaster (PC/W) (with voting rights) will regularly contact local and school newspapers to provide meet results and general interest stories after the completion of each swim meet. The stories should include results, team scores and statistics, triple winners and league record breakers. The PC/W will coordinate all public promotion of the HSL Swim Team and the Booster Club. The PC/W will keep hard copies of all HSL Swim Team articles and publicity for the swim season. The PC/W is responsible for providing the HSL Swim Team pictures to the Schools Liaison for distribution to the various schools. The PC/W shall maintain the HSL website in coordination with the Board. The HSL website is an official tool of the HSL Board and the PC/W will not publish any web pages, documents, pictures, charts, or other means of communicating ideas, beliefs, opinions, or thoughts without expressed approval of the Board. The PC/W will post all meet results and update personal best times and records. The PC/W will ensure that time sensitive documents are properly maintained on the website. The website will only publicize the teams official email address (efslsealions@yahoo.com) and avoid publishing any personal information without the consent of the individual or member. The PC/W will obtain a parental release before publishing pictures of swimmers with their first and last names. The release should be obtained at the beginning of each swim year and apply for the entire season. G. German Liaison/Travel Coordinator: The German Liaison/Travel Coordinator (GL/TC) (with voting rights) negotiates and maintains contracts for practice and meet pools; acts as liaison/POC with pool representatives; maintains oversight of the meet pool in absence of the Bademeister during meets; ensures that there is a qualified/certified lifeguard for home meets; is the POC for items lost at home meets; and oversees the cleanup of the pool before it’s turned over to the Bademeister after meets. The GL/TC negotiates contracts with bus companies for transportation to practice and transportation to and from meets; receives and forwards bills to the President/Treasurer for payment; acts as trip captain on meet busses; coordinates installation passes for bus drivers; and is the POC for items lost on buses. The GL/TC negotiates insurance contracts and maintains records of insurance premiums; receives and forwards bills to the President/Treasurer for payment; provides information on swimmers/coaches to insurer; and advises the Treasurer on payment of bills. For overnight away meets the GL/TC is responsible for initial lodging coordination and providing lodging information to the HSL Swim Team and Booster Club. The GL/TC may enlist separate chairs and Booster Club members for assistance. The GL/TC will also arrange for billeting in the host city for any coaches accompanying the swimmers on overnight trips; H. Fundraising Chair: The Fundraising Chair (with voting rights), in coordination with the VP/CA, is responsible for planning events which generate the funds needed to carry out the Booster Club’s activities. The Fundraising Chair will prepare and submit a master fundraising plan to the Board for approval NLT the September Board Meeting. The Fundraising Chair will obtain necessary approvals for fundraising events with the local garrisons IAW with Army and AE Regulations (210-22). The Fundraising Chair will coordinate the use of facilities and locations for events with the appropriate activity/unit. After-action reports will be completed for each fundraising event, and submitted to the VP/CA. The Fundraising Chair will oversee all fundraising events, but may enlist separate chairs and Booster Club members for assistance. SECTION 6. Appointed Officers: A. Schools Liaison Officer: The Schools Liaison Officer (SLO) will interact with the local schools on behalf of the HSL Swim Team and the Booster Club. The SLO will promote and publicize the Heidelberg Sea Lions Swim Team and competitive swimming within the Heidelberg/Mannheim schools, serve as the Swim Club sponsor at the Heidelberg schools and inform the Heidelberg/Mannheim High Schools of students working towards an athletic letter. The SLO will be familiar with the guidelines required to earn a high/middle school letter and complete all required paperwork within the time standards established by Heidelberg/Mannheim High/Middle Schools. The SLO will work with the Head Coach and the schools to determine the requirements and submit recommendations for awarding of athletic letters to the schools’ Athletic Directors at the end of the season. The SLO will also provide team pictures and meet results all area schools for submission to their school publications. B. Volunteer Coordinator: The Volunteer Coordinator shall be in charge of recruiting Booster Club members to volunteer their time and services during meets and Booster Club events. The primary objective of the Volunteer Coordinator is to ensure maximum participation of adult members and swimmers to meet volunteer requirements. The Volunteer Coordinator will assist the VP/SO during all home meets in recruiting Booster Club participation for set up, operation and tear-down of all home meets. The Volunteer Coordinator will maintain a list of volunteer opportunities and will track volunteer hours performed. The Volunteer Coordinator is responsible for submitting Booster Club member’s volunteer hours to the Local Community Volunteer Coordinator at the end of each season or as required. In coordination with the Treasurer and Fundraising Coordinator the Volunteer Coordinator will identify Swim Team Families who do not wish to participate in volunteer/fundraising events for assessment of non-participation fees. C. Hosting Coordinator: The Hosting Coordinator will provide the names of swimmers to host teams for overnight trips; will assist visiting teams prior to Heidelberg home meets to identify any visiting swimmers who need billeting; will recruit adult members to provide billeting; will assign visiting teams’ swimmers to adult members for billeting if required. The Hosting Coordinator should provide final written notice of host assignments to visiting teams and Heidelberg parents no later than one week prior to the meet. D. Swim Shop Manager: The Swim Shop Manager (SSM) will order team swim apparel and equipment as directed by the Board; provide equipment ordered for the team to the Head Coach; maintain the resale inventory; sell items in the resale inventory to swimmers at home meets and at other times as arranged; and provide an accounting of the money involved in resale activity to the Treasurer. The SSM will also coordinate team orders of apparel offered for sale at Divisionals and Champs. The SSM will maintain a list of equipment other than resale owned by the Booster Club. Such list shall include a description of the equipment, quantity, date of acquisition, acquisition price, and current location. The SSM will ensure that an annual inventory of equipment is conducted and will provide this inventory to the Board in writing at the conclusion of the swim season. The SSM will conduct monthly inventories of the equipment during the off-season when the equipment is stored in a location not under his/her direct control. The Swim Shop Manager may enlist Booster Club members to assist in conducting off-season inventories. E. Social Director: The Social Director will serve as Chair of the Social Committee. The Social Director is responsible for oversight of the scheduling, planning and execution of all HSL social functions. The Social Director is responsible for the planning of the annual Christmas party and the Awards Banquet. The Social Director may enlist separate chairs and Booster Club members for assistance. The Social Director will also maintain a team bulletin board at the practice pool. F. Meet Concessions Coordinator: The Meet Concessions Coordinator (MCC) shall establish a concessions booth for the sale of food and beverage at home meets. In coordination with the VP/SO, the MCC will estimate the amount of food and beverage needed to supply the needs of the swimmers and parents of host and visiting teams. The MCC will establish prices and display a price list at each meet. The MCC will coordinate with the Treasurer for the use of a petty cash fund for receipts and expenses. Booster Club members are expected to donate the majority of the items offered for sale. In coordination with the President, the MCC will publicize the needs of the meet concessions in advance of each meet. G. The President may appoint adult members of the Booster Club as officers of the Booster Club to other club business not described in paragraph 3 above. For example, an Assistant Meet Director, a Head Timer, a Clerk of Course, a Meet Marshall, etcetera. SECTION 7. Dissemination of Information to the General Membership: Prior to the first general membership meeting, the President, with the approval of the Board, will determine how information concerning Booster Club and swim team operations will be disseminated to the general membership, e.g., with newsletters published weekly/bi-weekly or monthly on the team website; with emails on a weekly or as-needed basis. SECTION 8. Meetings of the Booster Club: A. Annual Banquet: The Annual Banquet is a general membership meeting of the Booster Club as defined in paragraph B. below. The primary purpose of the Annual Banquet is to recognize swimmers’ accomplishments for the current season and to elect the Board of Directors for the next season. The Annual Banquet will be held at the end of the swim season, NLT March 31st. B. General Membership Meetings: The primary purpose of the general membership meetings is to provide the latest team information to the membership at large. General membership meetings will occur as follows: an orientation meeting in August/September, a second meeting in October; a third meeting in December, and a final meeting at the Annual Banquet in March/April. C. Special Meetings: May be called by the President, the Board or five or more Booster Club members upon petition to the Board. The primary purpose of special meetings may be used as a precursor to a Booster Club general membership meeting or a Board meeting for the introduction of important issues for discussion and/or decision, items requiring immediate attention, or to address urgent team business. D. Virtual Meetings: At the election of the President, virtual meetings may be held in lieu of general membership and special meetings. E. Monthly Board Meetings: Meetings will be held monthly, or as additionally required by the Board. The primary purpose of the monthly Board meetings is to provide financial and operational information to the board, and to receive/provide direction and guidance on all current and future team related business. F. The Head Coach will act as a liaison between the coaches and the Board. The Head Coach will provide a report to the Board at monthly Board meetings. The Head Coach will attend and participate in the remainder of the Board meetings at the discretion of the President. In the event that the Head Coach is unable to attend a Board Meeting he/she will send another coach as his/her representative. Should any member of the Board wish to discuss matters involving the Head Coach outside the presence of the Head Coach; the Head Coach shall be excused. SECTION 9. Quorums & Voting: A. General membership meetings are considered open meetings. As such, the adult members who attend shall constitute a quorum. A simple majority vote shall decide all motions pertaining to HSL business. Each adult member is permitted one vote. Unless a member requests a roll call, voting will be conducted by a show of hands. The one exception to this rule is in the event of the election of Board members. Board members are selected by secret ballot if more than one member is nominated for a particular position. Proxy votes are not permitted. B. At Board meetings, a quorum is defined as five Board members. A simple majority shall decide all motions pertaining to HSL business. Unless a member requests a roll call, voting will be conducted by a show of hands. Proxy votes are not permitted. SECTION 10. Parliamentary Procedure: The most recent edition of Robert’s Rules of Order (currently Robert’s Rules of Order Newly Revised) shall be used as the parliamentary authority of all matters of order and procedures that are not specifically covered by these Constitution/By-Laws. SECTION 11. Required Documents: A. The Booster Club will provide the following items to the Garrison Commander on an annual basis: a copy of the current Constitution and Bylaws; copies of minutes or summaries of all Booster Club meetings; copies of financial statements and a copy of the audit report; a description of any major change in Booster Club activities; a description of membership requirements; a copy of any correspondence with host nation officials; and a list of the names, addresses and phone numbers of the Board of Directors. B. The Booster Club will also provide the following items relating to any affiliated organizations (e.g. EFSL): proof of affiliation from the affiliated organization; documentation describing the nature, function, purpose, objectives and activities of the affiliate; and an explanation of the eligibility of the Booster Club for membership in the affiliate’s organization and the Booster Club’s management responsibilities in the affiliate’s organization. ARTICLE XI SECTION 1. Dues will be set by the Board of Directors to cover operating costs for the upcoming swim year. Special assessments may be levied on members if dues are insufficient to cover operating expenses. The Booster Club may also conduct fundraising activities to obtain additionally needed funds, resorting to special assessments only as a last resort. SECTION 2. Dues will be paid directly to the Booster Club Treasurer or President. All dues and fees must be paid no later than the 5th day of the specified month of payment. Late payments are subject to late fees and possible loss of membership in cases where payment is consistently or excessively late. Dues paid after the 5th of the month will be subject to a $5 late fee. A $10.00 fee will be paid to the Booster Club in addition to any and all charges levied against the Booster Club by the bank for any check returned for any reason. Swimmers will not be allowed to practice when payment becomes delinquent for the second billing cycle. ARTICLE XII SECTION 1. Financial reporting, accounting, and internal control shall be in accordance with AE Regulation 210-22. SECTION 2. All Booster Club financial activities will maintain full accountability at all times and will ensure that Booster Club monies are kept separate from members’ personal funds. A. The President may approve expenditures and expense vouchers up to $500.00. However, the President may not approve an expense voucher made payable to him/herself. B. Any expenditure or expense voucher in excess of $500.00, and any expense voucher made payable to the President, will be approved by the Board of Directors. ARTICLE XIII SECTION 1. If gross annual revenue exceeds $1,000, the Booster Club will arrange for an audit at least once every two years, at club expense, and at the change of every Treasurer, regardless of the time elapsed since the previous audit. Audits will be conducted IAW AR 210-22, paragraph 3-3. SECTION 2. The fiscal period for periodic audits will cover the period from 01 April through 31 March. Prior to the audit, the Treasurer will update and balance all transactions through 31 March. SECTION 3. The auditor will be a professional accountant or auditor selected from the list maintained by USAG-H. SECTION 4. The Booster Club will pay all auditor fees. ARTICLE XIV SECTION 1. Expenditures will be limited to those required to support the activities of the Booster Club. The Board of Directors will determine what expenditures are required to support club activities as representatives of the general membership. Booster Club activities can include, but are not limited to the following: A. Identify and provide coaches, as necessary, for HSL. B. Identify and coordinate practice and meet pools for use by HSL. C. Schedule competitive swim meets with other teams in the EFSL. D. Procure and provide supplies and equipment for use by the coaches, Booster Club Board, HSL and individual swimmers for training and competition. E. Provide trained manpower to conduct home competitive swim meets. F. Coordinate transportation (busses) to practices, away and overnight meets if fiscally prudent. G. Acquire and provide appropriate awards (ribbons) for all home meets. H. Conduct social activities to foster team spirit. I. Maintain appropriate records for high and middle school swimmers competing for an athletic letter. J. Procure letters for qualified high school swimmers. K. Pay appropriate team and individual entry fees for membership/participation in EFSL and participation fees for the EFSL Championship Meet. L. Procure awards for the end-of-season Annual Banquet for the swimmers. M. Purchase required supplies and food to operate a concession stand at home meets. N. Purchase advertising at all school levels. O. Unless the Booster Club’s use of utilities is incidental, reimburse the Army for utility expenses assessed against the club. SECTION 2. The Vice-Presidents and the Treasurer may approve any single expenditure up to $100.00, except for the reimbursements to themselves or the President. The President may approve any expenditure up to $500.00, except for reimbursement to him/herself. Any expenditure over $500.00, and any payment to the President, shall be approved by the Board. SECTION 3. The Booster Club shall not maintain a standing petty cash fund, but will use a petty cash fund for fundraising activities. The Treasurer will withdraw the funds needed for a particular event and distribute the petty cash fund to the Booster Club member responsible for conducting the event, e.g, swim shop sales and meet concessions sales at home meets. Upon conclusion of the event, the Treasurer will collect the fund and record the event’s profit/loss prior to either depositing the fund’s balance into the bank or re-issuing the fund for another event. ARTICLE XV SECTION 1. The Booster Club will contract for the services of a Head Coach and Assistant Coaches, and any other personnel, as required, to support the operations of the club. SECTION 2. The duties and responsibilities of the Head Coach are: A. To support all of the stated purposes, policies, and goals of the HSL stated in Articles II & III. B. To be responsible for swim practice five-to-six days per week, except on German and Federal Holidays, unless practice is mutually cancelled by the Booster Club and the Head Coach. C. To attend all swim meets during the season, required EFSL League meetings, seminars and clinics, and the Championship meet and must remain for the duration of the meet, seminar, clinic, or meeting. D. To be responsible for identifying all necessary supplies and equipment for HSL. E. To safeguard all HSL team property during practices. F. To be responsible for supervising volunteer coaches, if used G. To have present medical powers-of-attorney for each swimmer at all practices and swim meets. E. To submit all meet entries to the Statistician for all swimmers for all EFSL season swim meets. F. To monitor the attendance and academic eligibility of all Heidelberg/Mannheim High School swimmers working toward an athletic letter and compute and monitor points earned by high school swimmers toward a letter. SECTION 3. The duties and responsibilities of the Assistant Coaches are: A. To support all of the stated purposes, policies, and goals of the HSL (stated in Articles II & III) and the Head Coach. B. To assist the Head Coach during all swim practices and swim meets. Assistant Coaches are required to notify the Head Coach and/or the Booster Club President or Vice-President in the event he/she is unable to attend any of the aforementioned activities. Assistant Coaches will accomplish the requirements as outlined by the Head Coach. C. To safeguard all HSL team property during practices. D. To work under the supervision of the Head Coach. Any disagreements with the Head Coach, on any matter, will be discussed in private. Disagreements that cannot be resolved with the Head Coach may be brought to the attention of the Booster Club President or the Vice-President for Swimming Operations. SECTION 4. The Head Coach, Assistant Coaches and any other individual paid for services provided to HSL are not employees of the Booster Club, but are independent contractors. All contracts for coaches will be made in writing and for a term not to exceed one-year. Contracts for other individuals may be oral. No contract may exceed one-year in length. SECTION 5. The compensation for services provided by independent contractors shall be determined individually each year in negotiations between the contractor and the Board of Directors. Coaches will be reimbursed for out-of-pocket expenses incurred in support of swim team activities that have been approved in advance by the Board. Coaches will be reimbursed for travel expenses associated with out of town meets. The Board reserves the right to reimburse up to a set level established in advance. Hotel rooms will be reimbursed based on double occupancy when there are two Coaches of the same sex. When Coaches of the same sex do not want to stay in the same room, they will be reimbursed up to half of the rate for the hotel selected by the Board. Coaches will not be reimbursed for using their personal vehicles when a team bus is available for transport. Coaches will be reimbursed for car rental and gas if needed and approved by the Board. Coaches will receive per-diem, in advance of travel, for food and incidentals for overnight meets in an amount set by the Board prior to the start of each season. Reimbursement of Coaches for expenses is not automatic. Travel requirements and reimbursement to away meet that require airfare will be determined on a case-by-case basis by the Board. SECTION 6. A Coach can be terminated by a 2/3-majority vote by the Booster Club Board of Directors. If a Coach would like to terminate their relationship with the Heidelberg Sea Lion Swim Team and Booster Club a minimum of (4) four weeks notice is required. SECTION 7. The Booster Club will not discriminate against anyone based upon sex, age, religion, race, color, national origin or marital status, lawful political affiliation, labor organization membership(s), or physical handicaps. ARTICLE XVI All adult members of the Booster Club may, IAW Host Nation laws, be personally liable to creditors if the assets of the Booster Club are insufficient to discharge its liabilities. Adult members of the Booster Club assume all personal liability for any civil action taken against them. Adult members release the Booster Club, its officers, board members, and other club/organization members from any and all claims, demands, actions, or causes of action taken against them. By accepting these Constitution/By-Laws, you accept a waiver of liability. All adult members will acknowledge by accepting these Constitution/By-Laws that this organization does not have private insurance coverage for public liability, property damage claims or other legal actions that may arise as a result of the activities. The U.S. government or any of its instrumentalities cannot be held liable as a result of any of this organization’s activities. Furthermore, all members will accept all liabilities. ARTICLE XVII SECTION 1. The Booster Club shall maintain adequate liability insurance as protection against personal liability claims, property damage claims; and against other legal actions arising from HSL and Booster Club activities; including the actions of any member of the Booster Club acting on its behalf, or the operation of any equipment, apparatus, or device under the control and responsibility. Liability limits (minimums and maximums) will comply with host nation law. ARTICLE XVIII SECTION 1. The Booster Club will purchase fidelity bonding insurance for members of the club (e.g., President, Vice President for Club Activities, Treasurer, Swim Shop Chairman, and Meet Concession’s Coordinator) handling monthly cash flows exceeding $500.00. The bonding should be equal to the normal maximum amount of cash handled. SECTION 2. Fidelity Insurance shall be procured in an amount sufficient to provide full protection of the assets. ARTICLE XIX SECTION 1. Upon the dissolution of the Booster Club, after paying or adequately providing for the debts and obligations of the Booster Club, the remaining assets shall be distributed to the Heidelberg Community Spouses Club (HCSC) for their continued support of Community Sports Programs. SECTION 2. Dissolution of The Booster Club and the Heidelberg Sea Lion Swim Team may be accomplished by a majority vote of the Booster Club general membership or by order of the Approving Authority. ARTICLE XX SECTION 1. The Constitution and By-Laws shall be ratified at a general membership meeting of the Booster Club. Revisions to the Constitution and By-Laws shall not take effect until approved by the Garrison Commander or his designated representative. SECTION 2. These Constitution and By-Laws may be amended or changed by the Board of Directors with the approval of the Booster Club general membership in accordance with Article V, Section 5. A By-Law Revision Committee may be appointed to submit revisions of the Constitution and By-Laws as needed to the general membership. ARTICLE XX1 Approved by a majority vote at the general membership meeting of the Booster Club this 8th day of March, in the year 2008 in Heidelberg, Germany. ______________________ ______________________ Steven F. Eggert Daryl Holt President, Heidelberg Sea Lions Secretary, Heidelberg Sea Lions Swim Team & Booster Club Swim Team & Booster Club
|