616.1
CONVENTIONS
AND RULES OF INTERPRETATION -
.1
Terms Generally - Whenever the context may require, any
pronoun or official title shall include the corresponding masculine, feminine
and neuter forms. The words "include", "includes" and
"including" shall be deemed to be followed by the phrase
"without limitation". The singular shall include the plural and the
plural shall include the singular as the context may require. Where the context
permits, the term "or" shall be interpreted as though it were
"and/or". Captions have been used for convenience only and shall not
be used in interpreting the Bylaws.
.2
Capitalized Titles - Capitalized titles, such as Secretary or
Treasurer, when appearing alone shall refer to NDSI positions and not to USS or
another organization.
.3
Principal Rule of Interpretation - The principal substantive rule of
interpretation applicable to these Bylaws is set forth in Section 615.3.
.4
Rule of Interpretation Applicable to Article 610 - Article
610 shall be interpreted generously in order to achieve the intent expressed in
Section 610.1.
.5
Notice Deemed Given; Writings Deemed
Delivered; Last Known Address -
A
Notice by
Mail - Notice given and other writings delivered by first class mail, postage
prepaid, and addressed to the last address shown on the records of NDSI shall
be deemed given or delivered upon the postmark date for all purposes under
these Bylaws.
B
Notice by
Fax or Email - Notice given and writings delivered by facsimile or electronic
mail shall be deemed given or delivered upon oral, telephonic, electronic or
written confirmation of recipient for all purposes under these Bylaws.
C
Notice by
Telephone - Notice given by telephone shall be deemed given only when actually
transmitted to the person entitled thereto for all purposes under these Bylaws.
(Thus, for example, a message left on an answering machine or similar equipment
or with a person other than the intended recipient shall not be notice given
prior to the actual receipt by the intended recipient.)
D
Last Known
Address - For all purposes under these Bylaws, the last known address of a
member of NDSI shall be the address given in the latest application for
registration or membership in NDSI and USS filed with the Registration
Chairman; or the address given in a written notice of change of residence filed
with that Chairman. In all other cases the records maintained by the Secretary
of NDSI shall be used to ascertain the last known address.
.6
Time Period Convention - In computing time periods established by
these Bylaws, the initial time period (days or hours) shall not be included but
the last period shall be included.
.7
Waiver of Notice Convention - Untimely or insufficient notice
for any meeting held under the authority of these Bylaws shall be considered to
have been waived if a member attends or participates in the meeting to which
such notice referred or to which notice was lacking without, at the earliest
opportunity, raising an objection of untimely or insufficient notice having
been given for such meeting. If the member is a Group Member Representative,
then the relevant Group Member shall be treated as having waived the untimely
or insufficient notice to the same extent.
616.2
DEFINITIONS
- When used in these Bylaws, the following terms shall have the meanings
indicated in this Section, and the definitions of such terms are equally
applicable both to the singular and plural forms thereof. Where a cross
reference to another Section of the Bylaws appears within a definition, the
definition is qualified by the more complete definition found in that Section.
Additional definitions applicable solely to Article 610 are set forth in
Section 610.2. For an additional definition applicable solely to
Article 612, see Section 612.3:
.1
"Active Individual Member" shall
mean an individual other than a Coach Member, or an Athlete Member or a
Seasonal Athlete Member who is a trainer, manager, official, meet director,
marshal, Board Member, At-Large House Member, officer or committee chairman or
member, or a Group Member Representative or alternate and any other individual
actively participating in the affairs of NDSI or the sport of swimming and who
is in good standing as an Individual Member of NDSI and USS. (See Section 602.1.2C.)
.2
"Affiliated Group Member" shall
mean any organization which supports the sport of swimming and the objectives
and programs of NDSI and USS, but which does not have Athlete Members and Coach
Members, which is in good standing as a Group Member of NDSI and USS, and which
is neither a Club Member of NDSI. (See Section 602.1.1B.)
.3
"Affiliated Group Member
Representative" shall mean the individual appointed to represent an
Affiliated Group Member in the House of Delegates. See Section 604.1.1.
.4
"Affiliated Individual Member"
shall mean any individual interested in the objectives and programs of NDSI who
resides, formerly resided or participated in the sport of swimming in the
Territory, who is in good standing as a member of NDSI and USS and who is not
an Active Individual, Athlete or Coach Member. (See Section 602.1.2.)
.5
"Article" shall mean the
principal subdivisions of these Bylaws.
.6
"Articles/Certificate of
Incorporation" shall mean the document filed with Secretary of State of
the State of
.7
"At-Large Board Member" shall
mean those Board Members designated as such. (See Section 605.2.)
.8
"At-Large House Member" shall
mean the Individual Members appointed by the General Chairman to be members of
the House of Delegates.
.9
"Athlete Member" shall mean any
individual who competes or has competed during any part of the three (3) immediately
preceding years in the sport of swimming and is in good standing as an
Individual Member of NDSI and USS. (See Section 602.1.2A.)
.10
"Athlete Representative" shall
mean the Athlete Member elected to represent athletes in the House of Delegates
and on the Board of Directors pursuant to Section 604.1.2.
.11
"Board Member" shall mean a
member of the Board of Directors. Where the contexts requires, the term not
include the Athlete Representatives or the Coach Representative.
.12
"Board of Directors" shall mean
the Board of Directors of NDSI.
.13
"Board of Review" shall mean the
investigative and judicial body of NDSI established pursuant to Section 610.3.
.14
"Business Day" shall mean a
calendar day which is not a Saturday, a Sunday or a legal federal or state
holiday anywhere within the Territory.
.15
"Bylaws" shall mean these bylaws
as adopted by, and in effect for, NDSI.
.16
"club"
shall mean an organization that has athletes and coaches engaged in the sport
of swimming.
.17
"Club Member" shall mean any club
or other organization which is in good standing as a Group Member of NDSI and
USS and has athletes and coaches and participates in the sport of swimming. All
athletes and coaches of the club or organization must be Individual Members in
good standing with NDSI and USS. (See Section 602.1.1A.)
.18
"Club Member Representative"
shall mean the individual appointed to represent a Club Member in the House of
Delegates pursuant to Section 604.1.1.
.19
"Club Safety Coordinator" shall
mean the Active Individual Member designated by each Club Member to serve as
its liaison with NDSI and USS concerning safety matters. (See Section 602.2.3.)
.20
"Coach Member" shall mean any
individual, whether or not affiliated with a Group Member, who has
satisfactorily completed all safety and other training required by NDSI and/or
USS and who is in good standing as a member of NDSI and USS. (See Section 602.1.2B.)
.21
"Coach Representative" shall mean
the Coach Member elected to represent the coaches in the House of Delegates and
the Board of Directors. (Section 604.1.3.)
.22
"Executive Committee" shall mean
the committee of the Board of Directors which may act for the Board of
Directors between meetings. (See Section 605.7.)
.23
"FINA" shall mean the Federation Internationale de Natation
Amateur, the international governing body for the sport of swimming.
.24
"Group Members" shall mean Club
Members and Affiliated Group Members.
.25
"Group Member Representative"
shall mean the individual appointed to represent a Group Member in the House of
Delegates. See Section 604.1.1.
.26
"House of Delegates" shall mean
the House of Delegates of NDSI as established by Article 604 of these Bylaws.
.27
"Immediate Past General Chairman"
shall mean the individual who is the immediate past General Chairman of NDSI,
except when that person became immediate past General Chairman by virtue of the
House of Delegates taking action pursuant to Section 604.4.10, the Board of Directors taking action pursuant to
Section 605.6.11 or the House of Delegates failing to reelect that
person to another term sought by that person. The Immediate Past General
Chairman shall serve for the duration of the successor General Chairman's term.
If the office of Immediate Past General Chairman becomes vacant for any reason,
including the exception set forth in the initial sentence of this definition,
it shall not be filled by appointment or election, but shall remain vacant
until another individual becomes Immediate Past General Chairman.
.28
"Individual Members" shall mean
Athlete Members, Coach Members, Active Individual Members, and Life Members.
.29
"IRS Code" shall mean the United
States Internal Revenue Code of 1986, as amended from time to time, or the
corresponding provision of any future
.30
"Local Swimming Committee" or
"LSC" shall have the meaning ascribed thereto in the USS Code. NDSI
is a Local Swimming Committee.
.31
"Member" shall mean a Group Member
or an Individual Member.
.32
"National Board of Review" shall
mean the Board of Review of USS established pursuant to Part Four of the USS
Code. Where the context requires, a reference to the National Board of Review
shall include a reference to the USS Board of Directors when that body is
acting upon an appeal from the National Board of Review.
.33
"Nominating Committee" shall mean
the committee of the House of Delegates charged with nominating candidates for
elective offices of NDSI. (See Section 604.8.)
.34
"Policies and Procedures Manual"
shall mean the policies and procedures manual of NDSI, as amended, adopted by
the Board of Directors or the House of Delegates.
.35
"Parliamentary Authority" shall
mean the authority and any special rules of order designated in Article 613.
.36
"Seasonal Athlete Member" shall
mean any individual who participates or competes in the sport of swimming and
has joined for certain periods of time not longer than 150 days each in a
calendar year and is in good standing as a Seasonal Athlete Member of NDSI and
USS. (See Section 602.1.2D.)
.37
"Section" shall mean the
subdivisions of the Articles of these Bylaws.
.38
"Senior Athlete Representative"
shall mean the Athlete Representative senior in term of office or, in cases
where there are more than two Athlete Representatives, the Athlete
Representative designated in accordance with Section 604.1.2.
.39
"Standing Committee" shall mean a
committee of NDSI listed in Sections 607.1, 607.2 or 607.3.
.40
"Territory" shall mean the
geographic territory over which NDSI has jurisdiction as a Local Swimming
Committee. (See Section 601.3.)
.41
"USS" shall mean United States
Swimming, Inc., an
.42
"USS Board of Directors" shall
mean the Board of Directors of USS.
.43
"USS Code" shall mean the code of
rules and regulations, as adopted and amended by USS.
.44
"USS House of Delegates" shall
mean the House of Delegates of USS.
.45
"USS Legislation Committee" shall
mean the Legislation Committee of USS created pursuant to Article 512 of Part
Five of the USS Code.
.46
"USS Legislation Sub-committee"
shall mean the sub-committee of the Legislation and Redistricting Committee of
USS created pursuant to Section 6202 of Part Six-C of the USS Code.
.47
"NDSI" shall mean the
"NDSI Office" shall mean the permanent office of NDSI maintained in accordance with Article 614.