Kachemak Swim Club
Kachemak Swim Club
Constitution and Bylaws
Proposed Amendments, 4/10/07
ARTICLE I. Name
- The name of the organization shall be the Kachemak Swim Club (KSC).
- The common name is the KACHEMAK KINGS. The official color scheme
shall be Navy and Gold.
ARTICLE II. Purpose
- KSC is dedicated to the development of excellence and achievement
in competitive and recreational swimming. KSC provides an opportunity
for social and emotional development that promotes confidence and positive
self-esteem. The KSC program will equally promote the practice
of good sportsmanship and team spirit by all swimmers, coaches, and
parents participating in club activities.
- KSC will maintain membership with Alaska Swimming and United States
- KSC is a non-profit, unincorporated organization and is organized
exclusively for educational purposes within the meaning of section 501(c)(3)
of the Internal Revenue Code and shall not carry on any other activities
not permitted to be carried on by an organization exempt from Federal
Income Tax under section 501(c)(3) of the Internal Revenue Code.
- The affairs of this organization shall be managed by the Board of
Directors within the limits of this Constitution and Bylaws. No
other persons may collect funds, make contracts, incur expenses or initiate
any actions in the name of the organization or use its insignia without
prior approval of the Board of Directors.
ARTICLE III. Membership
- Classes of Membership: There shall be three (3) classes of membership. These
- Voting Member: Voting members are those parents or guardians
of a participating KSC swim team member who is in good standing as
defined by Article VI, B.2. Each member is authorized one (1)
vote per KSC swim team member.
- Swim Team Member: A swim team member is an individual athlete,
who actively participates in the swim program. Membership is
maintained only as long as dues are paid in full and the member abides
by the Bylaws, including such rules and regulations that may be established
by the Board of Directors and/or the coaching staff. Swim team
members do not vote.
- Affiliate Member: Affiliate members are individuals or groups,
commercial or not commercial, that wish to assist in the development
of the club’s goals through financial and organizational support. Affiliate
members do not vote.
- No person shall be restricted from membership on the basis of race,
religion, sex, national origin, age, disability, political affiliation,
ARTICLE IV. Club Officers and Head Coach
- Club Officers: Club Officers will be elected by the members
of the Board, at a meeting immediately following the Spring Annual Meeting. If
any board member resigns, the Board of Directors shall appoint a replacement
to complete the balance of the term until the next Spring Annual Meeting.
- Prepare the agenda and preside at all meetings.
- Appoint committees as necessary and appoint the Chairperson.
- Coordinate action between the Coaching Staff, Board of Directors
and General Membership.
- Shall have a vote on all committees and all KSC Business.
- Vice President:
- Perform all Presidential duties in the absence of the President.
- Receive and disburse all KSC funds as directed by the Board.
- Furnish Board of Directors with financial data at each Board Meeting.
- Furnish annual financial report to the membership at the Annual
- Oversee the monthly billing.
- Record minutes at all Board of Directors and General Membership
- Responsible for club correspondence as necessary.
- Maintain copy of KSC Constitution and Bylaws.
- Responsible for a club newsletter.
- Post all Board of Director’s and General Membership Meeting
minutes at the Homer Pool or distribute by mail.
- Head Coach:
- Develop and implement the swim program with the approval of the
Board of Directors.
- Hire assistant coaches as needed and as funds are available and
approved by the Board to implement the swim program.
- Serves as CEO to the Board regardingthe swim program.
ARTICLE V. Board of Directors
- Board of Directors: The Board of Directors will consist of seven
(7) voting or affiliate members elected at large from the membership. Elected
board members will serve a term of two years, with openings staggered,
and shall serve as an officer or committee chair as needed.
- Board of Directors – Qualifications: Any member in good
standing as specified in Article VI. Section B, Paragraph 2 is qualified
to serve on the Board of Directors.
- Duties of the Board of Directors:
- Conduct the business of KSC, establish policies and take appropriate
action to fulfill the purpose of KSC.
- Regularly review KSC programs and goals.
- Create such committees as they deem necessary to carry out the business
of the club. The Committee Chairperson shall be appointed by
- Resolve problems arising with respect to available facilities, pool
time and other KSC related matters.
- Act as a Board of Review for any disciplinary action if review or
appeal is requested by any party involved.
- Approve all disbursements of all club funds.
- Review KSC Constitution and Bylaws every odd numbered year.
- Hire the Head Coach and conduct an annual job performance evaluation.
- Conduct a program evaluation at least once a year.
- Board of Directors – Decisions: Any decision of the Board
of Directors may be revoked by a two thirds (2/3) vote of the membership
attending a General Membership Meeting.
- Director’s are expected to attend all meetings and to keep informed
on business conducted. After two (2) consecutive (unexcused) absences
a year, a director may be removed from the Board by a majority vote
of the Board.
ARTICLE VI. Meetings and Elections
- Board of Directors Meetings: The Board of Directors shall meet
at lease once a month. The regular meeting time of the Board shall
be determined by the Board upon assuming office and shall be communicated
to all members. Special meetings of the Board may be called by
the President of by a majority of the members of the Board.
- A majority of the Board of Directors shall constitute a quorum at
any Board meeting. Decisions shall be by majority rule.
- All meetings of the Board of Directors shall be open to the general
membership, however, only Board members may vote. Discussions
may be held in executive session if there are matters, the immediate
knowledge of which would clearly have an adverse effect upon the finances
of the club; the subjects would tend to prejudice the reputation and
character of any persons, providing that the person may request a
public discussion; and matters which, by law, are required to be confidential. A
definitive statement of the item of executive session discussion shall
be made prior to the adjournment of the Board into executive session. No
vote may be taken during an executive session. The agenda for
each meeting shall be posted at the Homer Pool.
- General Membership Meetings: There shall be at lease three (3)
meetings of the general membership. One in the Fall, one in the
Winter and the Spring Annual Meeting. Meeting dates will be announced
to members at least two (2) weeks (14 days) in advance.
- A quorum for all membership meetings will be those members present,
in good standing.
- Voting members in good standing are those listed on the Treasurer’s
current membership roster. A member shall not be removed from
the Treasurer’s current membership roster unless the member
has failed to pay dues for one full month and has not made late payment
arrangements approved by the Treasurer.
- A majority of the votes cast will decide each issue.
- Meetings shall be conducted in the manner prescribed by Robert’s
Rules of Order.
- Special membership meetings may be called at any time by the Board
of Directors, or upon written request and statement of purpose signed
by at lease five (5) members as defined in Article III, Section A,
- Candidates for the elected directors shall be nominated by a nominating
committee consisting of three (3) members of the KSC Board, appointed
by the President. No person wishing to be considered a candidate
shall be excluded from nomination provided they are a member in good
- The nominating committee shall submit the names of candidates nominated
for the Board of Directors at least three (3) weeks prior to the election. The
Board of Directors must then send the list of candidates to each club
member at least ten (10) days prior to the election.
- Additional nominations will be accepted from the floor provided
that the candidates agree to serve, and are members in good standing.
- Directors shall be elected by the voting members in attendance at
the Annual Spring Meeting: specific date, time and place to
be determined by the Board of Directors.
- a. Elections
shall be by secret ballot except if only one (1) candidate is nominated
for each Board seat upon motion from the floor, the election for
that office(s) may be by voice vote.
- b. The
seven candidates receiving the greatest number of votes shall be
elected to the Board.
- All elected directors shall assume the duties of their office on
ARTICLE VII. Finances
- Dues and Fees:
- The amount of dues and fees shall be determined by the Board of
Directors. Notification of a proposed change in the amount of
dues or fees shall be made to all members at least ten (10) days prior
to a General Membership Meeting. Approval of the change will
be by a simple majority vote of those voting members present at a
- If members of the Coaching Staff have youth participating in the
swim program, they shall be required to pay the same dues as other
parents or guardians, unless exempted by negotiated agreement.
- The salary of the coaching staff shall be paid from the monthly
dues of the club with payroll not exceeding 80% (eighty percent) of
dues billed yearly.
- a. When a net income (that is surplus
income) exists from the previous year, and all expenditures are
accounted for, then up to 50% (fifty percent) of the previous year’s
net income may be applied to coaching staff salaries in addition
to the 80% (eighty percent) of dues billed yearly.
- b. When the club’s general
fund bank accounts, excluding any dedicated funds, exceed 20% (twenty
percent) of a currents year’s approved budget and all expenditures
are accounted for, then 1/3 (one third) of the amount exceeding
20% (twenty percent) of the current year’s approved budget
may be applied to coaching staff salaries for that year, in addition
to the 80% (eighty percent) of dues billed yearly.
- c. The additional funds spent on
payroll from (a) and or (b) above will be excluded from the net
income calculations of available funds for payroll for the following
- An annual budget shall be submitted to the membership by the Board
of Directors ten (10) days prior to the Spring Annual Meeting, by
posting it at the Homer Pool, and by distribution to club members.
- The Board of Directors may not incur indebtedness beyond income
for any purpose in the name of the club, without approval of two thirds
(2/3) of the current paid up membership present at a General Membership
- All funds received, except monthly dues, shall be used from club
expenses incurred other than salaries. Any expenditure not provided
for in the budget must be approved by the Board of Directors.
- Accounts – Authorized Signatures: All KSC funds shall
be maintained in insured accounts, and shall be disbursed by two authorized
signatures, at lease one of which shall be the President or Treasurer.
- Audit: At the end of the fiscal year, May 31, a qualified person
will be selected by the Board of Directors to review the books and operating
statements of KSC and shall submit a general statement covering the
findings of this audit to the Board of Directors.
ARTICLE VIII. Amendments
- Amendments to the Bylaws may be proposed by the Board of Directors
to the general membership. A request for amendments by the membership
must be submitted to the Board in writing, accompanied by a petition
signed by a minimum of ten (10) voting members.
- Amendments and revisions to the Bylaws shall be made by a simple majority
vote of those present at a General Membership Meeting. Amendments
adopted, unless otherwise specified shall be effective immediately and
shall supersede any previous Bylaws formerly held by KSC.
- Copies of all proposed amendments shall be sent to each club member
at least ten (10) days prior to the scheduled meeting at which they
will be voted upon.
ARTICLE X. Dissolution
the dissolution of KSC, after paying or adequately providing for the debts
and obligations of the organization, the remaining assets shall be distributed
to a nonprofit fund, foundation, or corporation which has established its tax
exempt status under section 501(e)(3) of the Internal Revenue Code. This
Constitution and Bylaws of Kachemak Swim Club were voted on and adopted August
31, 1995. Amended October 9, 1997; Article III. Section A. 1, Article
VI Section B. 2 and Article VII Section A, 3. Amended May 19, 1998; Article
V, Section A and Article VI, Section E. Amended September 18, 2000; Article
VII, Section A. 3. Amended May 8, 2002: Article II section B, Article
III section B, Article IV B 5 c,