Constitution

THE FORD ATHLETIC SWIM AND TRIATHLON CLUB CONSTITUTION

Record of Changes

Date Type of Revision
2/11/2006 Voting via web
1/17/2008 Dues to be approved as part of annual budget
1/17/2008 Addition of VP of Marketing and VP of Cycling

ARTICLE 1 NAME AND OBJECTIVES

Section 1 NAME

The organization, club, governed by this constitution, is named the "THE FORD ATHLETIC SWIM and TRIATHLON CLUB" and may be referred to hereafter and in other proceedings and records as "FAST."

Section 2 INCORPORATED

FAST is a nonprofit club organized under the laws of the State of Michigan and shall operate as a division of Ford Employees Recreation Association (hereinafter "F.E.R.A.").

Section 3 USE OF INCOME OR ASSETS

Any income or assets of FAST shall not be used, in whole or in part, to the direct or indirect benefit of any individual and shall be employed only in the pursuit of FAST's objectives as set fourth herein.

Section 4 OBJECTIVES

The objectives of FAST are to promote health through swimming, triathlons and related activities.

ARTICLE 2 MEMBERSHIP

Section 1 MEMBERSHIP SUBJECT TO FAST RULES

Acquirement and maintenance of FAST membership will be subject to the provisions set forth herein and in the FAST By-laws and rules.

Section 2 CLASSES OF MEMBERSHIP

Membership in FAST may be Regular, Associate or Honorary.

Section 2.1 REGULAR MEMBERSHIP

All employees and retirees of the Ford Motor Co. and the members of the immediate families of such employees or retirees can be regular members of FAST.

Section 2.2 ASSOCIATE MEMBERSHIP

Any member ineligible for regular membership can be conferred associate membership status of FAST.

Section 2.3 HONORARY MEMBERSHIP

The FAST, may, upon its own motion or pursuant to petition by a potential member, confer honorary status upon those not qualifying for membership in sections 2.1 or 2.2

Section 3 SUSPEND, EXPEL, CAUSE

The membership of FAST or any division of FAST will be limited to those endorsing and fostering the objectives of the FAST. Any act, whether of commission or omission, tending to obstruct, subvert or be otherwise injurious to the pursuit of FAST objectives, may be considered reasonable cause for suspension or expulsion.

Section 3.1 SUSPENSION/EXPULSION MEMBER

A member may be suspended during a regularly scheduled meeting with a quorum, if 2/3 of the members present agree.

Section 3.2 SUSPENSION/EXPULSION OF AN OFFICER OF FAST

An officer may be suspended during a regularly scheduled meeting with a quorum, if 2/3 of the members present agree.

Section 3.3 RECORD OF ACTION

A written notice of aforementioned action shall be incorporated into FAST permanent record. This should include a complete account of all events that led up to final action. F.E.R.A. shall also be informed of same.

Section 3.4 APPEAL OF ACTION

A suspended/expelled member or officer may appeal for reinstatement after waiting for 3 months. A member may be reinstated during a regularly scheduled meeting with a quorum, if 2/3 of the members present agree. No further appeals are allowed.

Section 4 VOTING

Both regular and associate members may vote on all club business.

ARTICLE 3 OFFICERS

Section 1 THE OFFICERS

The officers of FAST shall be PRESIDENT, VICE PRESIDENT OF SWIMMING, VICE PRESIDENT OF TRIATHLONS, VICE PRESIDENT OF CYCLING, VICE PRESIDENT OF MARKETING, SECRETARY, TREASURER, POOL ADMINISTRATOR, NEWSLETTER EDITOR, LIBRARIAN, AND WEBMASTER.

Section 1.1 PRESIDENT & TREASURER

In accordance with FERA constitution Article 5, Section 3-2, the office of President and Treasurer shall be limited to regular members only. However, if no active FORD employee chooses to run for one of these offices, a written request will be made to the Association Executive Board of FERA to temporarily suspend this requirement for that term of office only. This action requires annual concurrent by the Association Executive Board of FERA.

Section 1.2 ELIGIBILITY OF OFFICERS

Other than the restriction of the previous section, any regular or associate member may be an officer of FAST.

Section 2 TERM OF OFFICE

The officers are elected for terms of one year, beginning at the January holiday party, except for the Vice President of Swimming whose term begins immediately following the club-hosted swim meet in February.

Section 3 SUCCESSIVE TERMS

Individual member eligibility for each office shall not be limited.

Section 4 PRECESSION AND RANK

The order of precession, when applicable, and rank of offices is: First –President, Second –Vice President of Swimming, Third –Vice President of Triathlons, Fourth –Secretary, Fifth –Treasurer, Sixth -Pool Administrator, Seventh –Newsletter Editor, Eighth –Librarian, Ninth –Webmaster, Tenth –Vice President of Marketing, Eleventh –Vice President of Cycling.

Section 5 PRESIDENT'S ABSENCE

If the President is absent and thereby unable to fulfill the duties of his office, the Vice President of Swimming will assume the duties of the Presidency until such absence is terminated, or will succeed to the Presidency if such absence is determined to be of a permanent nature.

Section 6 ABSENCE, OF ANY OTHER RANKING OFFICER

In the absence of any ranking officer; the next higher ranking officer will perform the duties of that office until it is filled.

Section 7 PERMANENT ABSENCE

If the absence of any officer, including the President, is determined to be of a permanent nature, it can be filled by an election at the next regularly scheduled meeting. Such determination will be accomplished during any regularly scheduled meeting with a quorum by a majority vote. The results of the vote will be made a part of the minutes of FAST.

Section 8 DUTIES OF PRESIDENT

The President is the chief executive officer and the chief administrative officer of FAST, and the duties of this office will include:

Section 8.1 PRESIDING OFFICER

To preside as chairperson over all meetings of FAST.

Section 8.2 CALL MEETINGS

To effect the call for all meetings of FAST except as otherwise provided herein or in the FAST By-Laws;

Section 8.3 CONTRACTS

Authority to execute contracts or other instruments in the name of FAST upon approval and direction of the club;

Section 8.4 SIGN DRAFTS

Authority to sign drafts against FAST funds;

Section 8.5 EMERGENCY

In an emergency, the President has the Authority to carry out any duties of any other elected officer not present;

Section 8.6 APPOINT COMMITTEES

The appointment of committees except as otherwise provided herein;

Section 8.7 AUDIT COMMITTEE

The appointment of an auditing committee, for the purpose of auditing FAST Club accounts and assets at the end of the fiscal year;

Section 8.8 PRESIDENTIAL APPOINTEES

Authority to appoint, subject to the provisions of the FAST By-laws, a person whose duties, assigned by the President, will not conflict with the duties or privileges of any other officer or member of FAST;

Section 8.9 OTHER DUTIES

The performance of such other duties as may be provided for herein, or in FAST By-laws.

Section 9 DUTIES OF THE VICE-PRESIDENT OF SWIMMING

The duties of this office will include:

Section 9.1 PERFORM DUTIES OF THE PRESIDENT IN HIS/HER ABSENCE

In the absence of the President, the Vice President of Swimming shall fulfill the duties of the President.

Section 9.2 COORDINATE ELECTIONS

The Vice President of Swimming shall coordinate all activities related to the election of new officers. In the event that the Vice President of Swimming is nominated for office, and there are additional candidates, the President shall nominate someone to count votes for that office.

Section 9.3 ACTIVITIES COMMITTEE

The Vice President of Swimming shall chair any committee related to coordinating activities of the club in
the area of swimming.

Section 10 DUTIES OF THE VICE-PRESIDENT OF TRIATHLONS

The duties of this office will include:

Section 10.1 PERFORM DUTIES OF THE VP OF SWIMMING IN HIS/HER ABSENCE

In the absence of the Vice President of Swimming, the Vice President of Triathlons shall fulfill the duties of the Vice President of Swimming.

Section 10.2 ACTIVITIES COMMITTEE

The Vice President of Triathlons shall chair any committee related to coordinating activities of the club in the area of triathlons or related events.

Section 11 DUTIES OF THE SECRETARY

The duties of this office will include:

Section 11.1 OUTSIDE CORRESPONDENCE

The Secretary shall be the primary contact related to information about the club.

Section 11.2 CLUB RECORDS

The Secretary shall maintain all club records including: meeting attendance, constitution, and membership records. These records shall be filed in a notebook which can be produced on request.

Section 12 DUTIES OF THE TREASURER

The duties of this office will include:

Section 12.1 FINANCIAL RECORDKEEPING

The Treasurer shall maintain a record of all financial transactions of FAST perform the necessary tasks to support FERA's financial recordkeeping.

Section 12.3 SIGN DRAFTS

The Treasurer has authority to sign drafts against FAST funds.

Section 13 DUTIES OF THE POOL ADMINISTRATOR

The duties of this office will include:

Section 13.1 LAP SWIM PROGRAM

The Pool Administrator shall maintain a pool availability program to promote regular lap swimming for members, including negotiating pool usage agreements, hiring lifeguards, ensuring appropriate insurance is in place, and determining appropriate lap swim fees. The Pool Administrator shall maintain an ongoing financial status and projection for the lap swim program.

Section 14 DUTIES OF THE NEWSLETTER EDITOR

The duties of this office will include:

Section 14.1 CLUB NEWSLETTER

The Newsletter Editor shall publish at least one club newsletter quarterly for distribution to the members.
It shall include club activities, meeting minutes, and related information.

Section 15 DUTIES OF THE LIBRARIAN

The duties of this office will include:

Section 15.1 CLUB'S LIBRARY

The Librarian shall maintain the club's library by ensuring that all books, videos, magazines, and club banners or flags are efficiently distributed and collected in a timely manner. Librarian will maintain an inventory of the above items, and in addition, any club-related equipment purchased.

Section 15.2 BOOKS, MAGAZINES, AND VIDEOS

The Librarian shall be responsible to purchase articles for the Librarian as approved by the club.

Section 15.3 MISUSE OF THE LIBRARY

The Librarian shall be responsible to report to the officers any misuse of the club's library including, but not comprehensive, lost articles, late articles, or damaged articles so that the club can take the appropriate actions.

Section 16 DUTIES OF THE WEBMASTER

The duties of this office will include:

Section 16.1

Maintain and update the FAST website as required. All potential software improvement purchases required by the Webmaster must be approved by the President. All items for website dissemination can be approved by any club officer.

Section 17 DUTIES OF THE VICE-PRESIDENT OF MARKETING

The duties of this office will include:

Section 17.1

Promote interests of FAST, support club promotions and advertising and participation, assist in club social gatherings as needed.

Section 17.2

VP of Marketing will act as the primary liaison between FAST and sponsors and supporters.

Section 18 DUTIES OF THE VICE-PRESIDENT OF CYCLING

The duties of this office will include:

Section 18.1

The Vice President of Cycling shall chair any committee related to coordinating activities of the club in the area of cycling or related events.

ARTICLE 4 ELECTIONS

Section 1 REGULAR ELECTIONS

Elections of officers as stated in Article 3 will take place during the December or January meeting of the general membership.

Section 1.1 SPECIAL ELECTIONS

Special elections of any officers, when required, may take place during any meeting of FAST provided that notification of the intent to conduct such election has been included in the summons or call for such meeting.

Section 2 CONDUCT OF ELECTIONS

For business of electing officers, the Vice President of Swimming will be an Election Chairperson who will preside over the meeting during the conduct of such business.

Section 3 FLOOR NOMINATIONS

Nominations of eligible candidates to fill any vacancy may be introduced from the floor by any qualified elector. Nominated individuals must indicate willingness to serve in specific position(s) must be presented. Nominations from the floor may be made prior to the casting of votes to fill the vacancy for which the candidate is nominated.

Section 4 ELIGIBILITY

Any candidate to be eligible for office shall be presently a qualified member of FAST.

Section 5 VOTING: ELECTORS

The members of FAST qualifying as electors will be: any regular or associate member.

Section 5.1 ELECTORS VOTE

Each elector may cast one vote on each ballot for the election of an officer. Two formats for voting may be implemented, which are noted below. The process used should be decided, and agreed by the majority of the officers, aligned with the voting timing requirements:

General Membership Meeting Voting: Notice of meeting and purpose will be sent out to all members 2 weeks prior to the meeting. Voting will take place at the meeting and absentee ballots will be acceptable as long as they are sent at the same time as the meeting notice. Response from the member must be received by the appropriate/designated officer 5 business days prior to the meeting.

On-line Voting Option: Voting may take place on-line if the voting allows only one vote per member. The instructions for voting must be presented to all members one week prior to the voting end date. The process must provide voting traceability up through 60 days after the polls are closed.

Section 5.2 SEPARATE BALLOTS

Balloting to elect any officer will be conducted separately from the balloting to elect any other officer;

Section 5.3 SUCCESSION

Balloting to elect more than one officer will be conducted according to the rules of precession with the highest ranking vacancy being filled first;

Section 5.4 SECRET BALLOT

If there are two or more candidates for a vacancy, election will be determined by written ballot.

Section 6 ELECTION: MULTIPLE-CANDIDATES

When more than one candidate is nominated to fill a vacancy, a candidate must receive a majority of the votes cast for the vacancy to be elected. If the initial balloting results in none of the candidates receiving a majority, then the voters shall again cast their ballots, choosing between the two candidates receiving the greatest number of votes in the initial balloting.

Section 6.1 SINGLE CANDIDATE

If there is only one candidate for a vacancy, that candidate will be declared elected and no ballots will be distributed or collected.

ARTICLE 5 THE ELECTED OFFICERS (board)

Section 1 FUNCTION

The board functions as a committee acting for FAST.

Section 2 AUTHORITY AND RESPONSIBILITY

The board is vested with the authority to conduct and regulate FAST affairs and business in accordance with the herein stated FAST objectives.

Section 3 ARTICLES OF ORGANIZATION

The articles of organization (constitution) are to be maintained at all times by the board.

Section 4 EMERGENCY AUTHORITY

The board in emergency or when there is insufficient time in which to convene the general membership is empowered to act for and in the name of FAST in promoting the objectives of FAST and for such purpose as vested with the authorities and responsibilities of the general membership;

Section 5 REPORTS

The board will render reports relative to its actions, and make recommendations relative to its function, to the general membership;

Section 6 APPEALS FROM SUSPENSION

The board will consider all written petitions involving suspension or reinstatement of a member and report its findings to the General membership;

Section 7 INTERNAL BOARD VOTE

Each Officer, except the President, of the board may cast one vote on any question before the Board. In case of a split vote or vote deadlock, the President will cast the deciding vote.

Section 7.1 VOTING MAJORITY

A majority of yes votes will be required to authorize any action by the Board.

Section 8 QUORUM

A minimum of 5 board officers will constitute a quorum of the Board.

ARTICLE 6 COMMITTEES

Section 1 SPECIAL COMMITTEES

Special committees will be created for particular functions of a short-term nature and any such committee will serve from the time of its appointment until the function for which it was created has been discharged.

Section 2 EXECUTIVE COMMITTEE

An Executive Committee, when required, will be formed of all available officers and will serve until the necessity for such committee is relieved by election of officers or termination or the absence of an officer;

Section 3 APPOINTMENT

Committees will be appointed by the President unless otherwise provided herein, in the FAST By-laws, or by the resolution creating committee.

Section 4 COMMITTEE EXPENSES

Committees may be allowed cash disbursements from the general funds to cover reasonable and actual expenses incurred in discharging their functions. Committee expenses will be regulated by the FAST Bylaws or by resolution of the Board.

ARTICLE 7 MEETINGS

Section 1 REGULAR MEETINGS

Regular meetings of FAST will convene upon call of the President and will be notified of same with a minimum of 2 weeks in advance.

Section 2 SPECIAL MEETINGS

Special meetings of the general membership will convene upon call of the President, either on his own motion, or upon petition of the Board, the general membership, or others petitioning with reasonable interest and cause.

Section 3 EXECUTIVE BOARD MEETINGS

Board meetings will convene upon call of the President, either on his/her own motion, or upon petition of the Board, the general membership or others petitioning with reasonable interest and cause as determined by the Board.

Section 4 COMMITTEE MEETINGS

Committee meetings will convene upon call of the appropriate chairperson.

Section 5 PLACE AND TIME OF MEETINGS

All meetings will be convened in such places and at such times as may be reasonable and adequate for their purpose and will be subject to review for such reasonableness and adequacy by the Board.

ARTICLE 8 AMENDMENTS

Section 1 AMENDMENTS

The provisions of this Constitution may be altered, revised, added to, or rescinded only by process of amendment, as provided herein.

Section 2 INTRODUCTION

Any proposed amendment to this Constitution will be introduced into the business of a general membership meeting in writing;

Section 3 ADOPTION VOTE

Any amendment to this Constitution will require a two-thirds (2/3) affirmative majority of the votes cast, in the presence of a quorum, for its adoption. Absentee votes may be accepted by proxy providing that they are received in writing prior to the meeting.

Section 4 NO BY-LAW TO ABRIDGE

No By-law or Rule will be enacted abridging the rights and privileges or waiving the responsibilities and duties of FAST or its members and officers as set forth in this Constitution.

ARTICLE 9 ASSETS

Section 1 DESCRIPTION

The assets of FAST consist of all properties, whether real or personal, all equipment, all accounts, funds, or securities held in the name of the FAST.

Section 1.1 CASH ASSETS

The cash assets of FAST will be kept in accounts in any licensed financial institution. Either the President or the Treasurer has authority to withdraw funds from these accounts.

Section 2 EMPLOYMENT OF ASSETS

FAST will employ its assets in the pursuit of its constitutionally stated objectives and will not employ them otherwise, nor will FAST suffer them to be employed otherwise.

Section 3 FINAL DEPOSITION

Upon dissolution of FAST, no dividend, or other distribution of its assets, will be made to any member or officer thereof; but all assets will, in such case, be applied toward accomplishing the constitutional objectives for which the Association was organized. The FERA Executive Board will be issued a letter of intent prior to dissolution.

ARTICLE 10 LIABILITY

Section 1 INSURANCE COVERAGE

FAST will protect it's self and its officers by acquiring the appropriate insurance as observed necessary.

Section 2 LIABILITY

FAST and its members will not hold FERA or its officers liable for any of the club actions.

March 1, 2004


THE FORD ATHLETIC SWIM AND TRIATHLON CLUB BY-LAWS

The Ford Athletic Swim Team/Triathlon Club Constitution has precedence over these By-laws, in the event that there are conflicting requirements.

Membership:

Shall be defined in the Ford Athletic Swim Team/Triathlon Club constitution

Fees:

Yearly membership fees will be approved, as part of the annual FAST budget, at a yearly general membership meeting. The dues year will run from January 1 until December 31. In order to encourage running for office, the membership fee is waived for all officers defined by the Constitution, and officers receive the following discounts on the full-year lap swim fee: $50 off for President, $40 off for V.P.-Swimming and V.P.-Triathlon, $30 off for Secretary, Treasurer, Pool Administrator, and Newsletter Editor.

Practice:

The members will not be required to practice with the team or at any particular swimming pool. The practices will be left up to the individual member; however, information about team practices will be available to all members. Practices will be held when voted on by the members.

Revisions:

These By-laws can revised using the following process: Each elector may cast only one vote. Two formats for voting may be implemented, which are noted below. The process used should be decided, and agreed by the majority of the officers, aligned with the voting timing requirements:

  1. General Membership Meeting Voting: Notice of meeting and purpose will be sent out to all members 2 weeks prior to the meeting. Voting will take place at the meeting and absentee ballots will be acceptable as long as they are sent at the same time as the meeting notice. Response from the member must be received by the appropriate/designated officer 5 business days prior to the meeting.
  2. On-line Voting Option: Voting may take place on-line if the voting allows only one vote per member. The instructions for voting must be presented to all members one week prior to the voting end date. The process must provide voting traceability up through 60 days after the polls are closed.

Conflicts:

In the event of a conflict between the By-Laws and the constitution the constitution will take precedence. Article 8 of the Constitution defines the procedure to revise the constitution to match these By-Laws; until such time that the constitution is revised the constitution takes precedence.

February 2006
MEMBER OF F.E.R.A

Last Updated on Monday, 06 August 2012 12:08