SOUTH DAKOTA SWIMMING, INC.  (SDSI)

 

BYLAWS

 

 

(Revised 4/20/96)

(Amended 4/22/06)

(Revised 9/23/06)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

 

PART SIX

 

BYLAWS, RULES AND REGULATIONS

FOR SOUTH DAKOTA SWIIMMING

       

 

 

 

        ARTICLE                                                                                                                                               PAGE

601          Name, Objectives, Territory and Jurisdiction                                                                  1                             602          Membership                                                                                                                                1

603              Dues and Fees                                                                                                                      4

604              House of Delegates                                                                                                             5

605              Board of Directors                                                                                                               10

606              Officers                                                                                                                                  14

607              Divisions, Committees and Coordinators                                                                        21

608              Annual Audit, Reports and Remittances                                                                         29

609              Members’ Bill of Rights                                                                                                      31

610              Board of Review, Hearings and Right of Appeal                                                            31

611              Organization, Amendment of Bylaws and Dissolution                                                  46

612              Indemnification                                                                                                                    46

613              Parliamentary Authority                                                                                                     47

614              Permanent Office and Staff                                                                                 48

615              Miscellaneous                                                                                                                      48

616              Definitions, Conventions and Rules of Interpretation                                                   48

 

    APPENDICES

A             Questions and Answers About Resolving Disputes                                                    54

                B             Form of Board of Review Notice                                                                                       58

 


                                                ARTICLE 601

NAME, OBJECTIVES, TERRITORY AND JURISDICTION

 

601.1       NAME - The name of the corporation shall be South Dakota Swimming, Inc. (SDSI)

 

601.2       OBJECTIVES ‑ The objectives and primary purpose of the SDSI shall be the education, instruction and training of individuals to develop and improve their capabilities in the sport of swimming.  SDSI shall promote swimming for the benefit of swimmers of all ages and abilities, in accordance with the standards, rules, regulations, policies and procedures of FINA, USA Swimming, and SDSI and its of Articles of Incorporation.

 

601.3       GEOGRAPHIC TERRITORY - The geographic Territory of SDSI is the State of South Dakota.

 

601.4       JURISDICTION ‑ SDSI shall have jurisdiction over the sport of swimming as delegated to it as a Local Swimming Committee by USA Swimming to conduct swimming programs consistent with SDSI's objectives and those of USA Swimming and to sanction, approve, observe and oversee competitive swimming events within the Territory and to conduct competitive swimming events within the Territory, its Region and its Zone (as those terms are defined in Sections 703.3 and 704.2 of Part Seven.  SDSI shall discharge faithfully its duties and obligations as a Local Swimming Committee of USA Swimming in accordance with these Bylaws, the USA Swimming Code and all applicable policies and procedures.

 

 

                                                                                 ARTICLE 602

MEMBERSHIP

 

602.1       MEMBERS ‑ The membership of SDSI shall consist of the following:

 

                .1         GROUP MEMBERS- Group Members are organizations operating in the Territory which have, upon application, been granted membership in USA Swimming and SDSI and paid the fees established by USA Swimming and SDSI pursuant to Article 603.  An organization may be denied membership by the Membership/Registration Coordinator or the Board of Directors for failure to satisfy the criteria for membership or for any reason for which a Group Membership could be terminated.  Any denial of membership may be appealed to the Board of Review.  An organization's status as a Group Member is subject to its continued satisfaction of the criteria for membership and compliance with its responsibilities under these Bylaws, the USA Swimming Code, the rules, regulations, policies, procedures and codes of conduct and ethics of SDSI and USA Swimming and may be terminated by a decision of the Board of Review or the National Board of Review.  Except for Affiliated Group Members, Group Members in good standing shall be entitled to participate in the program of swimming conducted by SDSI, and competitions sanctioned or approved by USA Swimming, in accordance with Section 609.2.

 

                            A        Club Members - A Club Member is an organization which is in good standing as a Group Member of SDSI and USA Swimming, has athletes and coaches and participates in the sport of swimming.  All athletes and coaches of the organization must be Individual Members in good standing of SDSI and USA Swimming.

 

                            B         Affiliated Group Members - An Affiliated Group Member is an organization which supports the sport of swimming and the objectives and programs of SDSI and USA Swimming, which is in good standing as a Group Member of SDSI and USA Swimming, but which does not have athletes and coaches who all are Individual Members of SDSI and USA Swimming.

 

                            C         Seasonal Club Members - A Seasonal Club Member is an organization which has joined SDSI and USA Swimming for one or two periods not longer than 150 days each in a registration year and is in good standing as a Group Member of SDSI and USA Swimming.  All Seasonal Club Member coaches must be Coach Members in good standing of SDSI and USA Swimming.  All athlete members of seasonal clubs must be Seasonal Athlete or Athlete Members in good standing of SDSI and USA Swimming.

 

                .2         INDIVIDUAL MEMBERS- Individual Members are individuals involved in the sport of swimming in the Territory who have, upon registration, been granted membership in USA Swimming and SDSI and paid the dues established by USA Swimming and SDSI pursuant to Article 609.1.  An individual may be denied membership by the Membership/Registration Coordinator or by the Board of Directors for failure to satisfy the criteria for membership or for any reason for which an Individual Membership could be terminated.  Any denial of membership may be appealed to the Board of Review.  An individual's status as an Individual Member is subject to the Individual Member's continued satisfaction of the criteria for membership and compliance with the individual's responsibilities under these Bylaws, the USA Swimming Code, the rules, regulations, policies, procedures and codes of conduct and ethics of SDSI and USA Swimming and may be terminated by a decision of the Board of Review or the National Board of Review.  Individual Members in good standing shall be entitled to participate in the program of swimming conducted by SDSI, and competitions sanctioned or approved by USA Swimming, in accordance with Section 609.1.

 

                            A        Athlete Members - An Athlete Member is an individual who participates or competes in the sport of swimming and is in good standing as an Individual Member of SDSI and USA Swimming.

 

                            B         Coach Members - A Coach Member is an individual, whether or not affiliated with a Group Member, who has satisfactorily completed all safety and other training required by SDSI and/or USA Swimming and who is in good standing as an Individual Member of SDSI and USA Swimming.  Any individual desiring to act in any coaching capacity at any competition sanctioned by USA Swimming must be a Coach Member in good standing of SDSI and USA Swimming.

 

                            C         Active Individual Members - An Active Individual Member is an individual other than a Coach Member or an Athlete Member who is a trainer, manager, official, meet director, marshal, Board Member, At-Large House Member, officer, coordinator or committee chairman or committee member of SDSI or a Group Member Representative or alternate and any other individual desiring to participate in the sport of swimming and who is in good standing as an Individual Member of USA Swimming and SDSI.

 

                     D        Affiliated Individual Members - An Affiliated Individual Member is an individual interested in the objectives and programs of SDSI who resides, formerly resided, or formerly participated in the sport of swimming in the Territory and who is in good standing as an Individual Member of SDSI and USA Swimming.

 

                            E         Seasonal Athlete Members - A Seasonal Athlete Member is an individual who participates or competes in the sport of swimming and has joined for one or two periods of time not longer than 150 days each in a registration year and is in good standing as an Individual Member of SDSI and USA Swimming.

 

                            F         Life Members - A Life Member is an individual who is a life member of USA Swimming and who resides, formerly resided or participated in the sport of swimming in the Territory and who is in good standing as a member of SDSI and USA Swimming.

 

                .3         MEMBERSHIP A PRIVILEGE NOT A RIGHT - Membership in SDSI and USA Swimming is a privilege and shall not be interpreted as a right.  Membership (including a Life Membership) may be terminated by the Board of Review or the National Board of Review for any violation of a member's responsibilities under Section 602.2, for any of the reasons set forth in Section 603 or for any other reason determined by the Board of Review or National Board of Review to be in the best interests of the sport of swimming, USA Swimming or SDSI.

 

602.2       MEMBERS' RESPONSIBILITIES

 

                .1         COMPLIANCE - Each Group and Individual Member shall abide by the codes of conduct and ethics, policies, procedures, rules and regulations adopted by USA Swimming and SDSI, including its obligations and responsibilities set forth in these Bylaws.  Each Group and Individual Member shall not take or allow to be taken, any action, or conspire with or instigate any other person to take or allow to be taken, any action which could bring the sport of swimming, SDSI or USA Swimming into disrepute.  By applying for and accepting membership in SDSI and USA Swimming, each Individual Member agrees to so abide and represents, except to the extent disclosed to SDSI and USA Swimming, that he or she has never been convicted of a crime involving sexual misconduct, child abuse, violation of a law specifically designed to protect minors, or similar offenses, or to have been found by a Board of Review or the National Board of Review to have committed actions which would be the basis for a conviction and that she or he has never acted in a manner which might bring into disrepute SDSI, USA Swimming or the sport of swimming.

 

                .2         RESPONSIBILITY FOR INFRACTIONS‑ A Group Member may be held responsible for infractions of the policies, procedures, rules, regulations or codes of conduct or ethics adopted by USA Swimming or SDSI, including its responsibilities as set forth in these Bylaws.  Infractions of a Group Member include those committed or allowed to happen by its members, representatives, officials or coaches or by athletes who are competing as representatives of the Group Member or who are competing with the Group Member as unattached swimmers.  Also included are infractions committed or allowed to happen by a person instigated by the Group Member or with whom the Group Member through any of those individuals conspired.  Any Individual Member may be held responsible for any infractions committed or that were allowed to happen by the Individual Member.  Also included are infractions committed or allowed to happen by a person instigated by the Individual Member or with whom the Individual Member conspired.

 

                .3         CLUB SAFETY COORDINATOR - Each Club Member shall appoint an Active Individual Member to be a Club Safety Coordinator.  The Club Safety Coordinator shall be responsible for disseminating safety education information received from USA Swimming and SDSI to the Club Member's athletes, coaches and other members and shall make recommendations to the Club Member concerning safety policy and its implementation.  The Club Safety Coordinator shall make any reports requested by SDSI's Safety Coordinator.

 

                                                ARTICLE 603

DUES AND FEES

 

603.1       CLUB MEMBERS - Every Club Member and Seasonal Club Member shall pay an annual or seasonal fee, respectively, consisting of a national club fee established by USA Swimming and a local club fee established by SDSI, together with any other charges, fees, etc. as may be established by SDSI.

 

603.2       AFFILIATED GROUP MEMBERS - The Board of Directors shall establish the annual membership fees and any other charges, fees, etc., for Affiliated Group Members.

 

603.3       ATHLETES ‑ Each Athlete Member and Seasonal Athlete Member shall pay an annual or seasonal fee, respectively, consisting of a national fee established by USA Swimming and a local fee established by SDSI.

 

603.4       COACHES ‑ Each Coach Member shall pay an annual fee consisting of a national fee established by USA Swimming and a local fee established by SDSI, together with any other charges, fees, etc. as may be established by SDSI.

 

603.5       ACTIVE INDIVIDUAL MEMBERS ‑ Each Active Individual Member shall pay an annual fee consisting of a national fee established by USA Swimming and a local fee established by SDSI, together with any other charges, fees, etc. as may be established by SDSI.

 

603.6       AFFILIATED INDIVIDUAL MEMBERS ‑ The Board of Directors shall establish the annual membership fees and any other charges, fees, etc., for Affiliated Individual Members.

 

603.7       LIFE MEMBERS - The Board of Directors shall establish the annual or other membership fees, if any, and any other charges, fees, etc., for Life Members.

 

603.8       SANCTION, APPROVAL AND OTHER FEES

 

                .1         SANCTION AND APPROVAL FEES - The Board of Directors shall establish reasonable fees, procedures, and documentation required of an applicant for a sanction or approval for, or observation of, a swimming competition to be conducted within the Territory.

 

                .2         SERVICE CHARGES - In addition to, or in place of, a sanction or approval fee, the Board of Directors may establish a reasonable service charge consistent with the nature of the event.  For example, the service charge may be a flat amount, an amount related to the number of events swum, the number of individual swims, the number of athletes entered, the cost of equipment and pool time provided, a percentage of receipts or profits or a combination of one or more of these or other bases.

 

                .3         PAYMENT - Each applicant for a sanction, approval or observation shall submit with its application the fees and any service charges specified by SDSI.  If any of the sanction or approval fees or service charges are due at a time following the submission for sanction or approval, the applicant shall promptly pay those fees or service charges to SDSI when due in accordance with SDSI's fee schedule.

 

603.9       FAILURE TO PAY

 

                .1         GROUP, COACH, ACTIVE INDIVIDUAL MEMBER OBLIGATIONS - The failure of a Group Member, Coach Member or Active Individual Member to pay dues, fees, service charges, fines or penalties imposed by SDSI or USA Swimming, within the time prescribed, as evidenced by a final decision of the Board of Review or the National Board of Review or by a court of law, shall preclude the delinquent member from (a) participating in events sanctioned or approved by USA Swimming, (b) participating in any capacity in the affairs of USA Swimming, SDSI or any other LSC or (c) serving as a Club Safety Coordinator, Group Member Representative, coach, manager, official, trainer or in any other capacity with any Club Member or Seasonal Club Member or with any group member of any other LSC.

 

                .2         ATHLETE MEMBER OBLIGATIONS - The failure of an Athlete Member or Seasonal Athlete Member to satisfy any financial obligations to USA Swimming, SDSI or their former LSCs, within the time prescribed, as evidenced by a final decision of the Board of Review, the National Board of Review or by a court of law, shall preclude the delinquent member from (a) competing in any competition sanctioned by USA Swimming, (b) obtaining an OVC or other reportable time achieved in events swum at any USA Swimming sanctioned, approved or observed meet, (c) participating in any capacity in the affairs of USA Swimming, SDSI or any other LSC or (d) practicing, exercising or otherwise participating in the activities of any Group Member or any group member of any other LSC.

 

                .3         CLUB/INDIVIDUAL OBLIGATIONS - If a Club Member or a Seasonal Club Member has secured a final court judgment or final Board of Review or National Board of Review decision against an Individual Member for non-payment of financial obligations owed to the Club Member, then until the decision or judgment is satisfied, the Individual Member shall not (a) compete in any competition sanctioned by USA Swimming, (b) obtain an OVC or other reportable time in events swum at any USA Swimming approved or observed meet, (c) participate in any capacity in the affairs of USA Swimming, SDSI or any other LSC or (d) practice, exercise or otherwise participate in the activities of any Group Member or any group member of any other LSC.

 

                .4         INDIVIDUAL/CLUB OBLIGATIONS - If an Individual Member has secured a final court judgment or a final Board of Review or National Board of Review decision against a Club Member for non-payment of financial obligations (such as a refund of training fees) to the Individual Member, then until the decision or judgment is satisfied, the delinquent or offending Club Member shall be precluded from (a) participating in events sanctioned or approved by USA Swimming and (b) participating in any capacity in the affairs of USA Swimming, SDSI or any other LSC, including being represented in the House of Delegates by its Group Member Representative.

 

                .5         CONTINUED FAILURE TO PAY; TERMINATION OF MEMBERSHIP - Continued failure to pay, within a reasonable period of time, as determined by the Board of Directors, the House of Delegates, the Board of Review or the National Board of Review shall be cause for termination of membership.

 

 

                                                                                 ARTICLE 604

HOUSE OF DELEGATES

 

604.1       MEMBERS ‑ The House of Delegates of SDSI shall consist of the Group Member Representatives, the Athlete Representatives, the Coach Representatives, the Board Members designated in Section 605.1, and the At-Large House Members.

 

                .1         GROUP MEMBER REPRESENTATIVES - Each Group Member in good standing shall appoint from its membership a Group Member Representatives and one or more alternates for each.  The appointment shall be in writing, addressed to the Secretary of SDSI and duly certified by the chief executive officer or secretary of the appointing Group Member.  The appointing Group Member may withdraw one or more of its Group Member Representatives or one or more of its alternates and substitute a new Group Member Representatives or new alternates by written notice, addressed to the Secretary of SDSI and signed by the chief executive officer or secretary of the appointing Group Member.

 

                .2         AT LARGE HOUSE MEMBERS - Up to ten (10) at-large members of the House of Delegates may be appointed by the General Chairman with the advice and consent of the Board of Directors.  The At-Large House Members shall hold office from the date of appointment through the conclusion of the annual meeting of the House of Delegates following such appointment or until their successors are appointed to the House of Delegates.

 

                .3         ATHLETE REPRESENTATIVES - Two (2) Athlete Representatives shall be elected, one each year for a two-year term, or until their respective successors are elected.  At the time of election, the Athlete Representative must (a) be an Athlete Member or a Seasonal Athlete Member in good standing; (b) be at least sixteen (16) years of age or at least a sophomore in high school; (c) be currently competing, or have competed during the three (3) immediately preceding years, in the program of swimming conducted by SDSI or another LSC; and (d) reside in the Territory and expect to reside therein throughout at least the first half of the term.  The election of the Athlete Representatives shall be conducted annually during SDSI's long course age group swimming championship, or other regularly scheduled meet designated by the Board of Directors.  The balloting shall take place at a meeting called for that purpose by the Senior Athlete Representative, or failing that, at a time and in a manner designated by the Board of Directors.  The Athlete Representatives elected shall be determined by a majority of the Athlete Members and Seasonal Athlete Members in good standing present and voting who are thirteen (13) years of age or older.

                           

                .4         COACH REPRESENTATIVE - One Coach Representative shall be elected, in even numbered years for a two-year term, or until a successor is elected. The election of the Coach Representative shall be conducted during SDSI's long course age group swimming championship, at a meeting timely called by the Coach Representative or the Board of Directors, and determined by a majority of the Coach Members in good standing present and voting or, failing that, at a time and place and in a manner designated by the Board of Directors.

 

604.2       ELIGIBILITY ‑ Only Individual Members in good standing shall be eligible to be elected or appointed members of, to be heard at or to vote at the House of Delegates in any capacity.  Members of the House of Delegates must maintain their status as Individual Members in good standing throughout their terms of office.

 

604.3       VOICE AND VOTING RIGHTS OF MEMBERS - The voice and voting rights of members of the House of Delegates and of Individual Members shall be as follows:

 

                .1         GROUP MEMBER REPRESENTATIVES, BOARD MEMBERS, THE ATHLETE REPRESENTATIVES, THE COACH REPRESENTATIVE AND AT-LARGE HOUSE MEMBERS - Each of the Group Member Representatives, the Board Members, the Athlete Representatives, the Coach Representatives and the At-Large House Members shall have both voice and one vote each in meetings of the House of Delegates.

 

               

                .2             Affiliated Group Member Representatives - Group Member Representatives of Affiliated Group Members, unless entitled to vote under another provision of these Bylaws, shall have voice but no vote in meetings of the House of Delegates and its committees.

 

                .3             INDIVIDUAL MEMBERS - Individual Members who are not members of the House of Delegates may attend open meetings of the House of Delegates and its committees and be heard in the discretion of the presiding officer.  Unless entitled to vote under another provision of these Bylaws, Individual Members shall have no vote in meetings of the House of Delegates.

 

604.4       DUTIES AND POWERS ‑ The House of Delegates shall oversee the management of the affairs of  SDSI and the establishment of policies, procedures and programs.  In addition to the duties and powers prescribed in the USA Swimming Code or elsewhere in these Bylaws, the House of Delegates shall:

 

                .1             Elect the officers, members of the Board of Review and the committee chairmen and coordinators   listed in Section 606.1 in accordance with Sections 606.2 through 606.6;