7.1 DIVISIONAL ORGANIZATION AND JURISDICTIONS, STANDING COMMITTEES AND COORDINATORS - The PVS staff shall be supervised by the General Chairman, while the five divisions of PVS shall each be chaired by a vice-chairman, whose respective powers, duties, juris-dic-tion and responsibilities are described in Section 6.6. Under each division vice-chairman there are officers, committees, coordinators and direct responsibilities as follows:
.1 STAFF - General Chairman
.2 ADMINISTRATIVE DIVISION - Vice-Chairman of the Administrative Division (Secretary)
.3 FINANCE DIVISION - Vice-Chairman of the Finance Division (Treasurer)
. 4 OPERATIONS DIVISION - Vice-Chairman of the Operations Division
.5 Senior Division - Vice-Chairman of the Senior Division
.6 AGE GROUP DIVISION - VICE-CHAIRMAN OF THE AGE GROUP DIVISION
7.2 STANDING COMMITTEES
.1 Competition Committee - The Competition Committee shall be responsible for developing and coordinating an overall swimming program for all levels of swimming in the Territory, including Senior and Age Group programs. The members of the Competition Committee shall consist of the Vice-Chairman of the Senior Division, Vice-Chairman of the Age Group Division, the Coach Representatives, the Zone Technical Planning Representative, and all USA-S coach members of PVS Clubs. The Vice-Chairman of the Senior Division or the Vice-Chairman of the Age Group Division, whoever is senior in term, shall serve as the chairman of this committee and shall report to the Board of Directors. (See Section 7.9 for voting provisions.)
.2 Strategic Planning Commitree - The Strategic Planning Committee shall be responsible for long-range planning for the programs conducted by PVS and for advice regarding the any initiatives, trends, or impending actions on the local, national or international level. The committee shall also be responsible for forecasting future areas of concern for the local swimming program and for formulating a strategic plan to assist in directing the PVS program. The committee shall consist of the junior in term Coach Representative the senior in term Athlete Representative and shall be chaired by the Strategic Planning Committee Chairman elected by the House of Delegates. As deemed necessary, the Chairman of this committee may, from time to time, invite or appoint other PVS members, on either temporary basis or for the duration of the term, to the membership on this committee. The committee shall report to the Board of Directors.
.3 Personnel Committee - The Personnel Committee shall be authorized and obligated to negotiate and set wages, compensation and other terms of employment of PVS staff, including employees and independent contractors, within established budgetary guidelines and policies and to review and approve the scope of duties delegated to the staff. The committee may include the General Chairman. If General Chairman is not a member, it shall report to the General Chairman.
7.3 DUTIES OF THE STAFF
.1 Administrative Assistant - The Administrative Assistant manages the PVS permanent office and provides administrative support to the Board of Directors and the PVS committees. In addition, the Administrative Assistant maintains the family memberships of Potomac Valley Swimming and provides information on sanctions.
.2 Registrar - The Registrar shall be responsible for the registration of Group and Individual Members and shall make the reports required by Section 8.6, together with such additional reports as may be required by USA-S, the Board of Directors, the Vice-Chairman of the Administrative Division (Secretary), or the Vice-Chairman of the Finance Division (Treasurer). In addition, the Registrar provides information concerning USA-S insurance.
.3 Distribution Coordinator - The Distribution Coordinator processes the PVS publications and assures that all members of PVS receive the appropriate publications.
.4 Publication Coordinator - The Publication Coordinator is responsible for the publication of meet notices, results, and other official correspondence of PVS for the membership.
7.4 DUTIES OF STANDING COMMITTEES/COORDINATORS OF THE PVS DIVISIONS
.1 Administrative Division
A Awards Coordinator - The Awards Coordinator is responsible for maintaining, developing, and promoting programs that educate and recognize the accomplishments of PVS athletes.
B Outstanding Athletes Committee - The Outstanding Athletes Committee reviews all athlete accomplishments and prepares the nominations for the PVS Outstanding Athlete awards. The nominations are provided to the coaching community for balloting.
C Records/Top 16 Coordinators - The Records/Top 16 Coordinators establish procedures for reporting USA-S/PVS records and maintain the PVS open and resident records. The Records/Top 16 Coordinators also establish procedures for nominating PVS athletes for Top 16 consideration
D Scholar-Athlete Coordinator - The Scholar-Athlete Coordinator establishes application procedures, reviews and approves applications, and provides recognition pins to the qualified Scholar-Athletes of PVS.
.2 Finance Division
A Financial Planning Committee - The Financial Planning Committee advises the Board of Directors on long-range financial planning, development of investments, and the solicitation of corporate and private funding for PVS programs.
B Trust Committee - The Trust Committee shall be responsible for establishing procedures and guidelines for PVS Trust funding proposals, evaluating proposals, and providing funding recommendations to the Board of Directors. The committee shall also administer approved programs, allocate funds, account for expenditures, and recommend policies and practices to ensure perpetuation of the Trust.
C Audit Committee - The Audit Committee of at least three persons, at least one of whom shall not be a member of the Board of Directors, shall be appointed annually by the General Chairman with the consent of the Board of Directors. The Audit Committee shall be authorized to, and it shall be its duty to, conduct the annual audit of the PVS books or to have such audit performed by an independent auditor, pursuant to Section 8.5. The Committee shall report to the Board of Directors. Vice-Chairman of the Finance Division (Treasurer) may not be a member of the Audit Committee. When the audit is performed by the independent auditor, the Audit Committee shall (a) recommend an independent auditor to the Board of Directors, (b) review and negotiate the services to be performed by the auditor, (c) receive and review the audit and other reports submitted by the auditor and (d) submit the audit and other reports and make recommendations to the Board of Directors with regard there to.
.3 Operations Division
A Computer Coordinator - The Computer Coordinator conducts the Computer Clinics, establishes policy for use of PVS computers, and directs the PVS computerization effort.
B Equipment Coordinator - The Equipment Coordinator is responsible for the maintenance, repair, and distribution of electronic timing equipment, and for conducting Electronic Timing Clinics.
C Officials Committee - The Officials Committee is authorized and obligated to recruit, train, test, certify, evaluate, retest, recertify, and supervise officials for PVS. The Officials Chairman, appointed by the Board of Directors, shall chair the Officials Committee. The Officials Chairman shall be a referee certified by PVS and each member of the Officials Committee shall be a certified official of PVS.
D Safety Coordinator - The Safety Coordinator shall be responsible for coordinating safety enhancement and training opportunities as needed and for the dissemination of USA-S safety education information to all Group Members, athletes, coaches and officials of PVS. The Safety Coordinator shall develop safety education programs and policies for PVS and make recommendations regarding same, and the implementation thereof, to the Vice-Chairman of the Operations Division and the Board of Directors. The Safety Coordinator shall make the reports required pursuant to Section 8.7
.4 Senior Division
A Distance Coordinator - The Distance Coordinator is responsible for planning and conducting the PVS distance program.
B OVC Coordinator - The OVC Coordinator is responsible for developing procedures for obtaining official verification cards for PVS athletes.
C Zone Technical Planning Representative - The Zone Technical Planning Representative assists in developing the Senior Circuit at the Zone level, advises the Vice-Chairman of the Senior Division concerning development of the PVS Senior program, and assists in the realization of the program.
.5 Age Group Division
A Camps/Clinic Coordinator - The Camps/Clinic Coordinator is responsible for the development, planning, and conducting of the PVS camp program.
B Zone Team Coordinators - The Zone Team Coordinators coordinate selection of the PVS All-Star Team, make travel and accommodation arrangements, and assist the coaching staff with the meet logistics.
7.5 DUTIES AND POWERS OF CHAIRMEN AND COORDINATORS GENERALLY - The duties and powers of the General Chairman, the division vice-chairmen, committees or subcommittees (in addition to those provided elsewhere in these Bylaws) chairmen and, when applicable, coordinators shall be as follows:
7.6 DUTIES AND POWERS OF COMMITTEES AND COORDINATORS GENERALLY - Except as otherwise provided in these Bylaws, the duties and powers of the standing committees and coordinators shall be prescribed by the House of Delegates, the Board of Directors, the General Chairman or the respective division vice-chairman. Except as otherwise provided in the Bylaws, the duties and powers of any other committees and subcommittees shall be prescribed by the House of Delegates, the Board of Directors or the officer, coordinator or chairman pursuant to whose powers such committee or subcommittee was created.
7.7 REGULAR AND SPECIAL MEETINGS - Regular and special meetings of divisions, committees or sub-committees of PVS shall be held as determined by the respective coordinators, chairmen, or committee or sub-committee chairman. In addition, meetings may be called where applicable by the division vice-chairman, or committee chairman or coordinator pursuant to whose authority a committee or sub-committee was established.
7.8 MEETINGS OPEN; EXECUTIVE (CLOSED) SESSIONS - Meetings of divisions, committees and sub-committees shall be open to all members of PVS and USA-S. Matters re-la-ting to personnel, discipli-nary action, legal, taxation and similar affairs shall be deliberated and decided in a closed exe-cutive session which only the respective members are entitled to attend. By a ma-jority vote on a motion of a question of privilege a division, committee or sub-committee may decide to go in-to executive ses-sion on any matter deserving of confidential treatment or of personal concern to any mem-ber of the division, committee or sub-committee.
7.9 VOICE AND VOTING RIGHTS OF DIVISION, COMMITTEE AND SUB-COMMITTEE MEMBERS - The voice and voting rights of Board Members and Individual Members shall be as follows:
. 1 MEMBERS - Each division, committee and sub-committee member shall have both voice and vote in the respective meetings, with the exception of the Competition committee where each member shall have voice, but only the elected Coach Representatives, two at--large coaches appointed by the General Chairman, and one representative from each member club shall have voting privileges.
.2 NON-VOTING COMMITTEE OR SUB-COMMITTEE MEMBERS - Unless entitled to vote under another provision of these Bylaws, the General Chairman shall have voice but no vote in meetings of divisions, committees and sub-committees. Coaches other than the elected Coach Representatives, the at-large coaches appointed by the General Chairman, and the representatives of each member club shall have voice but no vote in meetings of the Competition Committee.
.3 INDIVIDUAL MEMBERS - Individual Members who are not members of the division, committee or sub-committee may attend open meetings of the division, committee or sub-committee 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 those meetings.
7.10 ACTION BY WRITTEN CONSENT - Any action required or permitted to be taken at any meeting of a division, committee or sub-committee may be taken without a meeting if all the division, committee or sub-committee members entitled to vote consent to the action in writing and the written consents are filed with the records of the meetings. These consents shall be treated for all purposes as a vote taken at a meeting.
7.11 PARTICIPATION THROUGH COMMUNICATIONS EQUIPMENT - Members of any division, committee or sub-committee may participate in a meeting of the division, committee or sub-committee through conference telephone or similar equipment by means of which all persons participating in the meeting can hear each other at the same time. Participation by such means shall constitute presence in person at a meeting.
7.12 QUORUM - Except as otherwise provided in these Bylaws or in the resolution or other action establishing a committee or subcommittee, a quorum of any committee or subcommittee shall consist of a majority of members of the committee or subcommittee.
7.13 VOTING - Except as otherwise provided in these Bylaws or the Parliamentary Authority, all motions, orders and other propositions coming before a division, committee or subcommittee shall be determined by a majority vote.
7.14 PROXY VOTE - Voting by proxy in any meeting of a division, committee or sub-committee of PVS shall not be permitted.
7.15 NOTICES
.1 TIME - Except as otherwise provided in these Bylaws or the resolution or other action establishing a committee or sub-committee, not less than forty-eight (48) hours notice in the case of notice given by telephone, and six (6) days notice in all other cases, shall be given for any meeting of a division, committee or sub-committee of PVS. Separate notices need not be given for regular meetings that are scheduled well in advance. (See Section 16.1.5 for the various forms of notice.)
2. INFORMATION - The notice of a meeting shall contain the time, date and site.
7.16 ORDER OF BUSINESS - At all meetings conducted under the authority of this Article, the following shall be included in the order of business to the extent applicable; the order in which subjects are taken up may be varied:
7.17 RESIGNATIONS - Any committee or subcommittee chairman or member or coordinator may resign by orally ad-vising the General Chairman or by submitting a written resig-na-tion to the Board of Direc-tors specifying an effective date of the re-sig-na-tion. If such date is not spe-ci-fied, the resignation shall take effect upon the appointment of a successor.
7.18 VACANCIES - The determination of when the position of an appointed committee or subcommittee chairman, committee member or a coordina-tor becomes vacant or the person becomes incapacitated, if not made by the person, shall be within the discretion of the Board of Directors, or the division chairman, committee chairman, or coordinator who appointed said committee or subcommittee. (See Section 6.8 for provisions applicable to elected committee chairmen and coordinators.) In the event of a vacancy or permanent incapacity, the General Chair-man, with the advice and con-sent of the Board of Directors and the respective division chairman, shall appoint a successor to serve until the conclu-sion of the incumbent's term. A temporary incapacity may be left unfil-led at the dis-cretion of the General Chairman or an appointment may be made for the duration of the temporary incapacity.
7.19 DELEGATION - With the consent of the Board of Directors or the respective division coordinator or chairman, a committee or subcommittee chairman or a coordinator may delegate a portion of their powers or duties to another officer of PVS, or to another committee, subcommittee or coordinator, or, with the consent of the Board of Directors, to the staff of PVS. Notwithstanding any delegation, the ultimate responsibility for the delegated duties and obligations shall remain with the delegator.
7.20 APPLICATION TO NOMINATING COMMITTEE AND BOARD OF REVIEW - Sections 7.5 through 7.16 shall apply to the Nominating Committee and any other committee of the Board of Directors or the House of Delegates, unless otherwise provided in these Bylaws or in the resolution creating the committee. These provisions shall also apply to Board of Review meetings, but shall not apply to its hearings or deliberations.
8.1 MINUTES - The Vice-Chairman of the Administrative Division (Secretary) shall, within thirty (30) days after each meeting of the Board of Directors and the House of Delegates, transmit a copy of the minutes of the meeting to the respective members and to USA-S national headquarters.
8.2 FINANCIAL AND FEDERAL TAX REPORTS - The Vice-Chairman of the Administrative Division (Secretary) shall forward to USA-S national headquarters a copy of the annual closing Balance Sheet and Statement of Income and Expense for the preceding fiscal year following completion of the audit of the accounts and internal financial controls and procedures of PVS and the report thereon, prepared in accordance with Section 8.5, within fifteen (15) days of receipt of the audit report, and shall advise USA-S national headquarters within thirty (30) days following acceptance by the House of Delegates. Copies of any corresponding federal income tax return required to be filed by PVS under the IRS Code shall be included with the annual audit report sent to USA-S national headquarters.
8.3 STATE AND LOCAL REPORTS AND FILINGS - The Vice-Chairman of the Administrative Division (Secretary) shall cause to be made all reports and non-tax filings and shall requisition, from the Vice-Chairman of the Finance Division (Treasurer), checks with which to pay any applicable fees required by PVS's state of incorporation and by any other state or municipality in which it operates.
8.4 PUBLIC AVAILABILITY OF CERTAIN INFORMATION - PVS shall cause to be made available at the PVS permanent office, to anyone requesting to see, a copy of PVS's federal income tax and information returns for each of the last three years, and a copy of the materials submitted by USA-S, to include PVS, in USA-S's group exemption ruling as required pursuant to IRS Code section 6104 and any similar requirements of applicable state or local laws.
8.5 ANNUAL AUDIT - An annual audit of the accounts, books and records of PVS shall be completed no later than the end of the third month following the end of its fiscal year. The audit, or review, shall be conducted by an independent auditor or an audit committee. At least once every 3 years, the annual audit must be conducted by an independent auditor. The audit shall cover any federal, state or local income tax return that PVS is required to file under the IRS Code or applicable provisions of state or local law, rules or regulations, the balance sheet, the statement of income and expenses, check register and bank statements and other records as is deemed appropriate. If the audit is conducted by an audit committee, the committee shall issue a report signed by all of its members and stating that the financial records and reports of PVS have been reviewed and fairly present the financial condition of PVS as of the date of the balance sheet and for the fiscal period of the statement of income and expenses and the report is true and correct to the best of the committee's knowledge, information and belief. If the audit, or review, is conducted by an independent auditor, the report shall be in accord with generally accepted auditing practices applicable to the audit or review, as the case may be.
8.6 MEMBERSHIP AND REGISTRATION REPORTS - The Registrar shall forward in a timely manner all required reports to the Executive Director of USA-S. These reports shall be accompanied by a remittance of the appropriate membership and registration fees due to USA-S. The Registrar shall make periodic summary reports to the Vice-Chairman of the Administrative Division (Secretary), the Board of Directors and the House of Delegates.
8.7 SAFETY REPORTS -
.1 INCIDENT/OCCURRENCE REPORTS - An occurrence report providing all of the information requested by applicable USA-S form should be completed at the time of the occurrence by the meet director, officer, coach or club officer with copies to USA-S national headquarters, the Safety Coordinator, the Vice-Chairman of the Administrative Division (Secretary) and the PVS office.
.2 REPORTS OF INJURIES - The Safety Coordinator shall present a report concerning swimming--related injuries within the Territory at each House of Delegates and Board of Directors meeting.
A House of Delegates Reports - The report to the House of Delegates shall be written and shall provide in summary form the pertinent information including whether the injured party is a member of PVS and USA-S, the location of the occurrence and a brief description of the incident, the resulting injury and the emergency-care steps taken, together with any recommendation for action by PVS and its members to reduce the likelihood of a recurrence and the status of that recommendation. The written report shall include a review of the pertinent statistical information provided by USA-S national headquarters. The Safety Coordinator is responsible for distribution of this report to each Club Safety Coordinator. A copy of each House of Delegates report shall also be sent to the USA-S national headquarters.
B Board of Directors Reports - The regular report to the Board of Directors may be a summary addressing primarily any recommendation for action by PVS and its members.
.3 SAFETY EDUCATION - The Safety Coordinator shall be responsible for disseminating safety information flowing from USA-S Headquarters and exploring safety education opportunities and developing a safety education program tailored to PVS, its members and Territory.
8.8 MAILING ADDRESS - PVS shall notify, in writing, USA-S national headquarters of any change in its regular mailing address within 14 days of the change.
8.9 REPORTS GENERALLY - PVS shall make all reports and remittances to USA-S, as specified in the USA-S Code or by the National Board of Directors or National House of Delegates, in such a manner and on such written forms as may be requested by USA-S national headquarters. The General Chairman, the Registrar, the Vice-Chairman of the Administrative Division (Secretary), and the Vice-Chairman of the Finance Division (Treasurer) shall be collectively responsible for seeing that all required reports and remittances are made.
9.1 INDIVIDUAL MEMBERS' BILL OF RIGHTS - PVS, in furtherance of the applicable articles of the USA-S Code, shall respect and protect the right of every Individual Member who is eligible under PVS, USA-S and FINA rules and regulations to participate in any competition as an athlete, coach, trainer, manager, meet director or other official, so long as the competition is conducted in compliance with PVS, USA-S and FINA requirements. Before any Individual Member is denied the right to participate in a competition, the individual shall have the right to request and have a hearing before, and a determination of, the Board of Review or the National Board of Review. If the Individual Member is permitted to participate subject to a protest, a hearing and determination may take place after the competition is concluded.
9.2 CLUB MEMBERS' BILL OF RIGHTS - PVS shall respect and protect the right of every Club Member which is eligible under PVS, USA-S and FINA rules and regulations to participate in any competition through its athletes, coaches, trainers, managers, meet directors and other officials, so long as the competition is conducted in compliance with PVS, USA-S and FINA requirements. Before any Club Member is denied the right to participate in a competition, the Club Member shall have the right to request and have a hearing before, and a determination of, the Board of Review or the National Board of Review. If the Club Member is permitted to participate subject to a protest, a hearing and determination may take place after the competition is concluded.