ARTICLE I  Name and Purpose

SECTION 1. NAME 

This organization shall be called SHAPE Utah.  "It shall be an Association within the Western District which serves members in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and Washington."

Section 2. MISSION STATEMENT

SHAPE Utah is dedicated to promoting physical activity and healthy lifestyles in Utah schools and community programs for Health Education, Physical Education, Recreation, and Dance by using the best philosophical, social, physiological, and educational principles available and the most recent peer-reviewed research in several disciplines.

 

ARTICLE II  Board Members

SECTION 1. EXECUTIVE COMMITTEE

This committee shall consist of the President,Vice-President, President Elect, and past president. The Secretary (nonvoting) and Executive Director (non-voting) shall serve as well with the President as chair of the EC. 

This committee may transact business on an emergency basis as determined by the President.  Any such business must be ratified by the BOD at the next regular board meeting.  If such business needs immediate implementation, it may be ratified by the BOD by email, phone, or text vote.  This vote must be initiated by the President. 

Membership on the Presidential Committees may be terminated at any time by the President. 

SECTION 2. BOARD OF DIRECTORS  

The (BOD) shall consist of the members of the executive committee plus the current and any elected vice presidents of the divisions.  *See Article VI*

SECTION 3. DIVISION REPRESENTATIVES

Each division rep will be responsible for obtaining speakers for the annual convention, nominations for the election ballot, and award nominations for their specific area.

Adapted PE 
Athletics and Coaching 
Elementary PE 
Health Education 
Higher Ed
Pre-Service Education Coordinator
Secondary PE
School Health and Wellness Specialist
Media Coordinator
USBE PE *
USBE Health*
Treasurer **

*The USBE and treasurer positions are non voting members and have no nominations for their respective areas. 

**The treasurer is the only paid position if that position is filled from an outside entity. 

SECTION 4: DIVISION RESPONSIBILITIES

The divisions (as named above) shall consist of the elect and present Vice Presidents.  The business affairs, including the convention program, shall be determined by the division with the approval of the BOD.  Additional functions shall be determined by each division. 

SECTION 5:  COMMITTEES

Awards/ Nominating Committee (Past President chair) 

Health. Moves. Mind (BOD)

Constitution and Codes (Executive Committee) 

Public Relations and Advocacy (Executive Committee)

 

ARTICLE III Responsibilities

SECTION 1.  EXECUTIVE COMMITTEE 

The executive committee will serve as long as they are actively participating in SHAPE Utah activities. 

SECTION 2:  BOARD OF DIRECTORS (BOD)

The board of directors will all serve three year terms.

*Begins in”ODD YEARS
*Begins in*EVEN YEARS
Elementary PE
 Secondary PE
Health Education
Adapted PE
Higher Education 
Athletics and Coaching
Media Coordinator
Pre-service Educator 

STATE BOARD MEMBERS AND TREASURER WHO ARE NON-VOTING WILL REMAIN ON BOARD UNLESS THEY RESIGN. 

Each area  shall receive appropriate and feasible financial support, determined by the BOD, for projects, business, and the annual conference.

Each area shall be responsible for obtaining speakers for the annual conference, nominations for the election ballot, and award nominations for their specific area.

The executive committee and BOD will be responsible for awards in each area. And they will be responsible for finding an incoming representative nominee.

Neither the officers, BOD, nor members of the Association shall be subject to or chargeable with the payment of the corporate debts or obligations of the association, or be held liable for any illegal acts of commission or omission attributable to SHAPE UTAH. 

 

ARTICLE IV Activity/ Membership

SECTION 1. SHAPE UTAH

Activity or membership in SHAPE Utah shall be designated as student, Professional,Retired, and Life. Only “Educator or Lifetime members in good standing may vote or hold an office in SHAPE Utah. 

Paraprofessional/ Administrative/ Community Member:  Includes SHAPE Utah website, guidance, resources, and annual conference (Non voting member) $35

Student Member: in the Association include students in residence at colleges and universities preparing for professional work and service in  SHAPEand have all the rights of Professional Members except hold office.  A student may serve on a committee or on the BOD iif appointed by the President. $35

Professional Member: in the Association shall consist of persons professionally engaged in any aspect of Health, Physical Education, Recreation and Dance in the State of Utah.  Professional members have the right to vote and hold office. $50

Retired Member: shall be persons who have been active within the professions and want to remain cognizant of what is happening within the community. They may contribute to SHAPE Utah, and attend conferences. They may serve as a student advisor or liaison.  $25

Life Member: have paid the one time fee (equal in value to (10) yearly memberships, and will be able to  vote, be on boards, and contribute to SHAPE Utah with professional journals, findings, and serve as advisors to collegiate members. $500

SECTION 2. DOCUMENTS

All members of SHAPE Utah shall have access to documents and other information as the BOD deems necessary to distribute.

 

ARTICLE V  Finance

SECTION 1. ANNUAL FEES

SHAPE Utah shall assess dues from the members and/or charge a registration fee for the annual conference.

PARAPROFESSIONAL/ ADMINISTRATIVE/ COMMUNITY: $35
STUDENT FEE: $35
EDUCATOR FEE: $50
RETIRED FEE: $25
LIFETIME MEMBER: $ 500

Teachers, paraprofessionals, administrative personnel who do NOT have an active membership in SHAPE Utah may attend the conference for the cost of $100 at the door. 

SECTION 2. MONIES

Members of SHAPE may present at the annual convention but will not receive monetary compensation.  When recommended by the Executive Committee and approved by the BOD, non-members may be invited to present at the convention and may receive a stipend. 
As approved by the BOD, monies from SHAPE Utah may be utilized to send board members to conferences to promote the SHAPE Utah program. No monies will be given for extemporaneous activities while at conferences.  

 

ARTICLE VI Board of Directors

SECTION 1.  QUORUMS

Two-thirds of the voting members of the BOD shall constitute a quorum for the transaction of business.  Motions shall be passed by at least 51% of the board members present after a quorum has been declared. (n+1)/2 will be a majority. 

SECTION 2. ADVOCACY

It shall be the duty of the BOD to receive suggestions and take the initiative in determining the policies of the Association to promote local and statewide advocacy efforts, to put into effect rules, regulations and mandates passed by the Association and to take official action in emergency situations between meetings.  Emergency decisions may take place in a meeting, or by communication using mail, email, or telephones.

SECTION 3.  AUDITS

The BOD shall be responsible for an annual audit of all finances of SHAPE Utah. The audit shall be conducted by competent person(s) who are not members of the BOD. 

SECTION 4. VOTES

A vote of the BOD may be taken in person, or by mail, email or telephone. 

SECTION 5.  OPERATING CODES

Operating Codes shall govern the conduct of the BOD and the committees.

SECTION 6. VOTING RESPONSIBILITIES

Voting and Non Voting:  Voting responsibilities shall be shared amongst the BOD and the Vice Presidents of each Office.  Non-voting members include: The secretary, the Treasurer, those holding state appointments.  *If a Vice President of any office is holding the position of secretary or treasurer, they are allowed to vote. *

SECTION 7. DUTIES OF OFFICERS

President: 

The President shall preside at the annual conference and serve as chairperson for the BOD

Appoint all committees and coordinators

Represent SHAPE Utah as the First Delegate at the national conference.

Serve on the BOD of the Southwest District

Perform such other duties as called for in the Constitution and By-Laws of the association and other such duties as are customarily executed by the office as outlined in the operating codes

President Elect:

Act for the President in case of absence, death, or resignation of the president for the unexpired term. 

Serve on the BOD and perform such tasks as assigned by the President.

Attend the President-Elect conference of SHAPE America. 

Serve as the second delegate of SHAPE America. 

Serve on the Southwest District Board of SHAPE America 

Past President:

The outgoing President at the time of the SHAPE Utah Convention shall be designated as the immediate Past-President.  

Serve as an advisor to the President

Serve as Chairperson of the Nominating Committee

Serve as a member of the BOD

Advisor for the state annual convention

 

Division Vice Presidents:

Each Vice President shall preside over his/her respective division of the association. 

Responsible for organization and presentations at convention

Serve as a member of the BOD

Perform such duties as may be delegated by the BOD or as set forth in the operating codes

Vice President Elect(s):

Act for the Vice-President in case of absence, death, or resignation for the completion of the unexpired term. 

Succeed to the office of Vice President at the conclusion of the Annual SHAPE Utah Convention. In case the Vice President Elect is unable to function, the BOD shall appoint a Vice President Elect

Secretary:

The Secretary as appointed by the President, shall keep a record of all meetings and matters pertaining to the Association, make necessary reports, and notify members of the BOD as to the time, place, and agenda of the meetings

Treasurer:

The Treasurer shall collect dues as voted on by the BOD, with the consent of the President, deposit all funds in a reliable bank in Utah (Zions Bank, 2023) 

Keep accurate financial record of all receipts and disbursements

Pay all budgeted items and other emergency bills as approved by the BOD

Make books ready for an internal audit before the annual fall meeting.

Position appointed by the President.

Executive Director:

The Executive Director shall operate under the direction of the Executive Committee and carry out such duties as assigned by that committee for the purpose of expediting the mission of SHAPE UTAH. 

The Executive Director shall also serve as the Treasurer unless a separate Treasurer is appointed by the Executive Committee.  

 

ARTICLE  VII Election of Officers

 

SECTION 1.  NOMINATING COMMITTEE

The Nominating Committee shall consist of the executive committee and BOD. One representative will be responsible for organizing nominees at the annual convention and introduce these candidates on the floor at the general session.The Nominating Committee shall consist of the immediate past president acting as a chairperson and the immediate past (OR current if there is no past) vice-presidents of the divisions serving as committee members.  The chairperson shall present the vitae of all nominees at the annual convention and introduce these candidates on the floor at the general session.  They shall act as tellers at the convention. 

SECTION 2.   BALLOTS

The Nominating Committee shall secure in writing the acceptance of the candidate before placing his/her name on the ballot.  To be eligible for a representative the candidate must be a member in good standing at least one year prior to the nomination.  Candidates shall be for each of the following offices: 

Vice President Elect of Health Education
Vice President Elect of Secondary PE
Vice President Elect of Elementary Education
Vice President of Athletics and Coaching
Vice President of Preservice and Education Coordinator
Vice President of Higher Education
Vice President Elect
President

SECTION 3.  VOTING

The officers shall be elected by the Professional membership by ballot at the annual meeting.  Winners shall be declared by a majority vote.  The incoming officer shall serve a three year period beginning immediately after the close of the annual meeting as an officer-elect and shall automatically succeed to the office to which they have been elected at the end of the next annual meeting. 

SECTION 4.   APPOINTMENTS.  

The President shall appoint a Secretary, Treasurer,Webmaster and Executive Director with the approval of the BOD

 

ARTICLE VIII Debt/ Liability

SECTION 1.   DEBT

Neither the officers, BOD, nor members of the Association shall be subject to or chargeable with the payment of the corporate debts or obligations of SHAPE Utah, or be held liable for any illegal acts of commission or omission attributable.
 

ARTICLE IX Publications

SECTION 1. WEBSITE

The SHAPE Utah website shall be the official publication of the Association and shall be available to its members and to the public at large.  

SECTION 2. SOCIAL MEDIA

Websites on facebook, instagram, twitter, or any other social media outlet are not the official page for information, but can be used for relaying pictures and updates. 

 

ARTICLE X Revisions

SECTION 1.  AMENDMENTS

These bylaws may be amended by the action of the BOD.  Written or email notice of meetings for presentation of the proposed amendments shall be given to every member of the BOD no less than 10 days prior to the day of the meeting and posted on the website.  A ⅔ vote of the members of the BOD present at the meeting is required for passage of the amendment. The date of any revision shall be noted in the minutes and designated on the revised constitution.  

 

ARTICLE XI  Rules of Order

 SECTION 1. RULES OF ORDER

Roberts Rules of Order shall govern all meetings of the Association.  Board Meetings shall follow the agenda described below or modified by the President with the approval of the Executive committee.

      1.   Roll Call

      2.   Secretary's Report/ Reading of the minutes

      3.   Treasurer's Report

      5.   Executive Committee Report

      4.   Committee Reports

      5.   Old Business

      6.   New Business

      7.   Adjournment

 

ARTICLE  XII  Federal And State Tax Exempt Statements

    

SECTION 1. FISCAL YEAR

The fiscal year shall extend from June 1 to May 31.

    

SECTION 2. DISPOSAL OF ASSETS

Upon dissolution, all of the assets of the Association shall be turned over to such nonprofit organizations qualifying as exempt from federal tax under Section 501(c)(3) of the Internal Revenue Code of 1954 or any successor provision thereto as the then Board of Governors shall select.

 

SECTION 3. RESTRICTION ON ACTIVITIES

No part of the net earnings of the Association shall inure to the benefit of any member, sponsor, donor, creator, director, officer, employee, or without limitation, any other private individual or to the benefit of any corporation, organization, any part of the net earnings of which insure to the benefit of any private individual; provided, this shall not prevent payment of reasonable compensation for services actually rendered to of for the Association and affecting its purposes.

 

The Association shall not divert any part of its income or corpus to any member, sponsor, donor, creator, director, officer, or employee; by lending any part of its income or corpus without receipt of adequate security and a reasonable rate of interest; by paying any compensation in excess of reasonable allowance for salaries, or other compensation for personal services actually rendered; by making any purchase of security or other property for more than adequate consideration for money or money’s worth; by selling any substantial part of its securities or other property for less than adequate consideration for money or money’s worth; or by engaging in any other transaction which either, directly or indirectly, results in such diversion of it income or corpus.  The Association shall not make any accumulation of its income, unreasonable in amount or duration, or use any income for purposes other than the objectives hereinbefore set forth or invest any income in any manner as to jeopardize the fulfillment or carrying out of its objectives.  The Association shall not devote a substantial portion of its activities to carrying on propaganda or otherwise attempting to influence legislation, and in no event shall the Association engage in any legislative activities other than those in direct furtherance of the Association’s stated objectives.  The Association shall not participate in or intervene in any political campaign on behalf of any candidate for public office.  In general, the Association shall not act in any way or engage in any activity which might affect its right to full tax exemption or the right of donors to the Association to full tax deduction for their contributions to the Association, and the Alliance shall be so operated as to be entitled to and receive all tax exemptions, federal or local, which may from time to time be granted to charitable, scientific, or educational associations or foundations.

 

No part of the net earnings of the Association shall be used for the benefit of, or to the advantage of any member, sponsor, donor, creator, trustee, officer, employee, or without limitation, any other private individual. No part of the net earnings shall be used for the benefit of any corporation or organization in which any private individual might benefit, or in which a substantial part of the activities of such corporation or organization is the carrying on of propaganda or otherwise attempting to influence legislation, provided that this restriction shall not prevent payment of reasonable compensation for services actually rendered to or for the Association in effecting its purpose.