CONSTITUTION, BY-LAWS, AND OPERATING RULES AND REGULATIONS OF ______________________________________
· Part I - Constitution
· ARTICLE ONE (1) - Organization
· ARTICLE TWO (2) - Status
· ARTICLE THREE (3) - Definition of an Amateur
· ARTICLE FOUR (4) - Objectives and Philosophy
· ARTICLE FIVE (5) - Membership
· ARTICLE SIX (6) - Amendments to the Constitution, By Laws and Regulations
· Part II - By-laws
· BY-LAW ONE (1) - Board of Directors and Officers of the Corporation:
Duties, Authority, and Responsibility
· BY-LAW TWO (2) - Board of Directors - Authority and Responsibility
· BY-LAW THREE (3) - Committees and Structure
· BY-LAW FOUR (4) - Registration, Fees, and Funding
· BY-LAW FIVE (5) - Dispute Resolution Committee
· BY-LAW SIX (6) - General Meeting
· Part III - Operating Rules and Regulations
· RULE ONE (1) - Age Divisions and Teams
· RULE TWO (2) - Safety Equipment
· RULE THREE (3) - Levels of Play
· RULE FOUR (4) - Team Structure
· RULE FIVE (5) - Competitive Program Specific Rules
· RULE SIX (6) - Coaches Rules and Responsibilities
· RULE SEVEN (7) - Code of Conduct
· RULE EIGHT (8) - Automatic Penalties
· RULE NINE (9) - References
CONSTITUTION, BY-LAWS, OPERATING RULES AND REGULATIONS OF _____________________________________
PART I - CONSTITUTION
ARTICLE ONE (1) - Organization
1.1 This organization shall be known as _______________________________ and shall be incorporated as _______________________________________, a not for profit Florida corporation pursuant to Section 607.1006, Florida Statutes.
1.2 The Corporation’s fiscal year for the purposes of tax filings and
all other business shall begin on May 1 and end on April 31.
ARTICLE TWO (2) - Status
2.1 This organization shall be a member of the USA Hockey, the
governing body of amateur hockey in the United States, and, as an
unalterable provision of this Constitution, shall operate in a
manner consistent with its Constitution, By-laws, and Rules and
Regulations. This organization will also be a member of and
operate in accordance with the rules and regulations of the
Statewide Amateur Hockey of Florida, Inc. (SAHOF) and as
applicable, the Florida Youth Hockey League (FYHL).
ARTICLE THREE (3) - Definition of an Amateur
3.1 This organization adopts the definition of an "amateur" contained
in the USA Hockey By-laws.
ARTICLE FOUR (4) - Philosophy and Objectives
The philosophy and objectives of this organization are:
4.1 To foster, encourage, promote, improve and perpetuate the sport of
amateur hockey within its area of jurisdiction and to assist in its
promotion jointly with other organizations with similar objectives;
4.2 To provide opportunities for all players to play the sport at levels
appropriate to their degree of skill or interest in coordination
with the Brandon Ice Sports Forum (ISF);
4.3 To promote the orderly development of all categories of the sport
of amateur hockey without favor of one category over another;
4.4 To emphasize and encourage the involvement of those volunteers who
put the interests of the sport ahead of their personal interests;
4.5 To develop and administer the sport of amateur hockey in a manner
that will encourage mass participation, promote the building of
good character, improve skill levels and provide healthy physical
activity and enjoyment of the game consistent with the USA Hockey
skill development curriculum as a means to achieve this objective;
4.6 To ensure the enforcement of the rules of the sport as adopted by
this organization consistent with all USA Hockey and SAHOF rules;
4.7 To elevate the awareness of the responsibilities of the hockey public
in ensuring that the sport is played in a positive environment
which encourages and fosters personal development and leadership
qualities of individuals through their participation in amateur
hockey;
4.8 To assist members in their pursuit of excellence by providing
accessible and effective programs and services through available
resources;
4.9 To monitor and review services, benefits and programs so as to
ensure their availability and accessibility to all members in
order to meet the members’ ever-changing needs;
4.10 To promote and encourage the formation of amateur hockey teams and
leagues, thereby to ensure that the sport is and remains accessible
to all who wish to participate according to the level and extent of
their interest and skill;
4.11 To promote and encourage membership in this organization by other
associations which fairly represent other categories of persons
engaged in the sport of amateur hockey whose Constitutions, By-laws,
Regulations and Rules are not inconsistent with those of this
Organization and USA Hockey;
4.12 To coordinate and assist the ISF to conduct tournaments,
championships, and clinics in the several categories of amateur
hockey for regional, statewide, and national championships in
conjunction with the USA Hockey members and its affiliates;
4.13 To adjudicate disputes arising in the operation of, between or
amongst any Members or Member Partners in an expeditious, fair,
inexpensive and impartial manner that best assures each player is
permitted to play the sport at the level appropriate to the player’s
skills; and,
4.14 To present a common voice on behalf of the members in all
discussions that could affect them at the statewide, regional,
national, and international level.
ARTICLE FIVE (5) - Membership
5.1 Membership in the Corporation shall be voluntary and open to
persons directly or indirectly engaged in the playing of hockey
under the auspices of the Corporation, regardless of age, race,
color, sex, religion, or national origin. All members in good
standing may attend any regular or special meetings of the
Corporation. Members shall be registered with the Secretary of the
Corporation.
5.2 Members, Directors, or Officers of the Corporation may be removed,
for cause, after due process and proper adjudication, by either a
two-thirds majority of the Board of Directors present at a duly
constituted regular or special meeting or by the general membership
at a duly constituted membership meeting, called for by petition
to the Secretary of the Corporation. Such petition shall include
the signatures of at least 10% of the active members of the Corporation.
A quorum for this meeting shall consist of one-third of the active
members of the Corporation, and the majority vote of the membership
present is sufficient for removal of the Officer from office.
5.3 Active members include any person, 18 years of age or older who is
the parent or legal guardian of any minor directly engaged in the
playing of hockey under the auspices of the Corporation. Active
members who are registered with the Secretary and are current in
their dues and other financial obligations to the Corporation are
considered in good standing and are voting members. Active members
are voting members for all matters for determination properly before
the Corporation’s annual general membership meeting and as otherwise
provided by these By-laws.
5.4 Members who have not fulfilled their financial obligations, for any
period, will not be permitted to participate in the Corporation’s
affairs, until such obligations are fulfilled.
5.5 Associate members may include any other person or organization
within the Tampa Bay Area community as designated by the President
and approved by a two-thirds majority of the Board of Directors
present at a regular or special meeting, who is involved in the
promotion or support of amateur ice hockey. Associate members
are non-voting members.
5.6 Honorary members include any person so designated by the President
and approved by a two-thirds majority of the Board of Directors
present at a regular or special meeting, who has demonstrated
significant support of the goals of the Corporation. Honorary
members are non-voting members.
ARTICLE SIX (6) - Amendments to the Constitution,
By-laws, Rules and Regulations
6.1 Amendments or alterations can be made to the Constitution, By-laws,
Operating Rules and Regulations of this Corporation only at the
Annual Meeting of this Organization, after specific notice in
writing to the members by the Executive Director. Amendments or
alterations to the Constitution shall require a two-third (2/3)
majority of the Directors voting. Amendments or alterations to the
By-laws or Rules and Regulations shall require a simple majority of
the Directors voting.
6.2 Such notice shall be received, in writing, by the Executive Director
sixty (60) days prior to the date of the Annual General Meeting.
6.3 The Executive Director shall communicate all such proposed amendments
or alterations to each Director thirty (30) days prior to the
Annual General Meeting.
6.4. Notices of Motion may only be submitted by the Directors of the
Corporation.
6.5. Notwithstanding Article 6.1 and 6.2 of the Constitution, the giving
of notice provided therein may be waived at any Board of Directors
meeting by a two-third (2/3) majority vote of the Directors present
at the meeting.
6.6 All amendments to the Constitution, By-Laws, Operating Rules and
Regulations made by the Board of Directors must be ratified by a
majority of the voting members at the next Annual Meeting of the
Corporation and will not take effect until ratification occurs.
PART II - BY-LAWS
BY-LAW ONE (1) - Board of Directors and Officers of
the Corporation: Duties, Authority, and Responsibility
1.1 The Board of Directors shall be comprised of three elected/appointed
representatives from each active team, the Hockey Director
(appointed by the ISF), the Corporation’s Executive Director, and
the Referee-in-Chief of the ISF. The Board shall meet monthly to
discuss all matters necessary to effectively administer and run the
affairs of the Corporation and set policy.
1.2 The Principal Officers of the Corporation shall be the President,
Secretary, and Treasurer.
1.3 Each Director shall be elected/appointed by their Member team for
a term of one (1) year and may be re-elected/re-appointed.
1.4 Each Director approved by the Member team present at a meeting
shall be entitled to one vote on any matter properly placed before
and considered by the Board,
1.5 Proxies must be notarized. Proxy votes do not count toward a
quorum. The executive director must be notified of all proxy votes
a minimum of twenty-four (24) hours before the vote is to take place.
1.6 A quorum of the Board shall consist of the President and at least five
(5) Directors and/or designated alternates who shall represent at
least four (4) Member teams.
1.7 The President of the Corporation shall not be entitled to vote
except in the case of a tie.
1.8 Except as otherwise expressly provided, the President of the
Corporation and any other Officer or Director may only be suspended
or removed in accordance with Article 5.2 of the Constitution.
PRESIDENT
1.9 The President of the Corporation may be elected/appointed by the
Board of Directors for a term of one (1) year and may be re-elected
at the first board meeting following the annual meeting of the
Corporation.
1.10 The President shall preside at all meetings of the Corporation and
shall be an ex officio member of all Corporation Committees and
Councils.
1.11 The President shall generally perform the duties usual to the office
of President and may, at his or her discretion, order the calling
of meetings of the Corporation or any of its Committees, upon proper
notice to the Executive Director at least ten (10) calendar days
prior to the meeting.
SECRETARY
1.15 The Secretary shall be elected/appointed by the Board of Directors
for a term of one (1) year. The Secretary is not required to be a
current Director of the Corporation.
1.16 The duties of the Secretary shall be as follows:
1.16.1 Set the date, time, place, and agenda of Corporation meeting;
1.16.2 Be responsible for recording minutes of such meetings, and maintain
appropriate files and records of the Corporation;
1.16.3 Shall be a signing officer of the Corporation;
1.16.4 Shall ensure that the records and minutes of the Corporation are
a current and actual report of the Corporation’s business; and
1.16.5 May designate any duties with approval of the Board of Directors.
TREASURER
1.17 The Treasurer shall be elected/appointed by the Board of Directors
for a term of one (1) year. The Treasurer is not required to be a
current Director of the Corporation.
1.18 The duties of the Treasurer shall be as follows:
1.18.1 Will chair the Finance Committee;
1.18.2 Shall prepare and present the annual budget of the Corporation;
1.18.3 Shall authorize payments of accounts;
1.18.4 Shall ensure that the financial records are current and accurately
report the Corporation’s financial position; and
1.18.5 Present audited financial statements to the Board of Directors.
1.18.6 The Treasurer is authorized, without prior approval, to obligate
and disburse monies, not to exceed $100, for business expenditures.
Summations of expenditures shall be brought before the Board at
its next regular meeting for ratification. All checks issued by
the Corporation shall require the signature of the Treasurer and
Executive Director of the Corporation.
1.18.7 The Treasurer shall prepare and certify financial statements monthly
to the membership, in a format approved by the Board. These
statements shall be reviewed by an independent auditor, approved
by the President and entered into record no later than fifteen (15)
working days after the close of each month.
1.18.8 The Treasurer shall also ensure that the Corporation complies with
all organizational audit requirements, as well as all applicable
federal, state, and local tax laws.
ELECTED TEAM REPRESENTATIVE
1.19 Each team representative will serve as voting members of the Board.
Each team within the Corporation which has been authorized by the
Board shall elect/appoint three Representatives to serve on the Board.
1.1.9.1 Each Team Representative shall be responsible to the Board for the
implementation of his or her team’s portion of the Corporation
Constitution, By-laws, and Operating Rules and Regulations, and for
rendering reports and information to his or her team as required by
the Board, and for the efficient and effective administration of
his or her team.
1.19.2 Team representatives may be removed from office by a majority vote
of active team members present at a team meeting, given sufficient
notice (10 calendar days) to all team members to attend, or, for
cause, by a three-fourths majority vote of the Board present at a
duly constituted meeting.
1.1.9.3 Team Representatives resigning or departing during their term shall
be replaced by a majority vote of active members of that team at a
team meeting, given sufficient notice (10 calendar days) to all
team members to attend, to be held no more than thirty days following
the resignation or departure.
EXECUTIVE DIRECTOR
1.20 The Executive Director shall be appointed/selected jointly by the
Board and the ISF Hockey Director, annually, and shall be answerable
to the Board of Directors through the President.
1.21 The Executive Director shall be an ex-officio member of all
Corporation Committees and Councils and shall not vote at any
meeting of the Corporation, but will offer advice and direction.
1.22 The Executive Director will at all times act in accordance with the
purposes and objectives of the Corporation as set forth in the
Constitution, By-laws, and Operating rules and regulations of the
Corporation.
1.23 The Executive Director duties shall include the following:
1.23.1 The Executive Director shall be the official representative of the
Corporation on the Board of Directors of SAHOF, and the ISF to whom
he or she shall present objectively the view or position of the
Corporation.
1.23.2 In addition to the powers conferred upon him or her by the Constitution,
By-laws, Rules and Regulations of this Corporation, the Executive
Director, in cases of emergency when it is impracticable to obtain
a vote of the Board of Directors, may exercise all the duties and
powers of the Board of Directors. The Executive Director shall have
the power to suspend, fine and/or take such further or other
disciplinary action as may be deemed necessary against any player,
coach, or person who is a member of the Corporation, with respect
to any act, omission or other conduct demonstrated to be contrary
to the best interests of the sport of amateur hockey.
1.23.3 Any decision made by the Executive Director under By-law 1.23.2
shall remain in effect until final disposition of any appeal taken
therefrom. Any action or decision taken by the Executive Director
under By-law 1.23.2 shall be referred to the Board of Directors or
the appropriate committee for approval or rejection in whole or in
part within fifteen (15) calendar days next following the action taken.
1.23.4 Keep accurate records of the proceedings of the Corporation including
the Constitution, By-laws, Rules and Regulations, Policies, Guidelines
and minutes including notice of amendments;
1.23.5 Act as the holder of all Corporation trophies in trust which shall
be appropriately and permanently displayed at a location of
prominence within the ISF;
1.23.6 Distribute and record (where required) all minutes of the Corporation
and the Board of Directors meetings;
1.23.7 Issue notices of all meetings and issue such necessary correspondence;
1.23.8 Receive, in the name of the Corporation, all monies which shall be
deposited in a Bank and/or trust company and submit for payment all
accounts owing to the Treasurer, within any limits established by
the Board of Directors;
1.23.9 Be responsible for the administration and operation of the Corporation’s
Hockey Program and the employees as per the policies and guidelines
established by the Board of Directors;
1.23.10 Interpret and serve as a resource with the Constitution, By-laws,
Rules and Regulations and Policies of the Corporation;
1.23.11 Coordinate all FYHL and ice hockey activities at the ISF with the
Hockey Director at the ISF;
1.23.12 Distribute any information received from other organizations to the
appropriate people;
1.23.13 Act as a signing officer of the Corporation;
1.23.14 Act as the Official Officer in all releases, transfers and other
player movement with other divisions within the ISF Hockey Program;
1.23.15 Coordinate any special events as determined by the Board of Directors;
1.23.16 Develop and present fundraising proposals to the Board of Directors
for approval; and
1.23.17 Develop and present any promotional, marketing or communication
proposals to the Board of Directors for approval.
REFEREE-IN-CHIEF
1.24 The Referee-in-Chief will be appointed each year by the ISF and
sit as an ex-officio member of the Board. This appointment should
be made prior to May 1st of each year.
1.25 The Referee-in-Chief will participate with the Corporation to
administer the rules of USA Hockey and SAHOF and train the off-ice
officials at the beginning of each season.
1.26 Qualifications
1.26.1 Must be knowledgeable of the Corporation’s Constitution, By-laws,
and Operating Rules and Regulations;
1.26.2 Must be able to interact with the Corporation’s Executive Director,
ISF, and the General Membership;
1.27 Responsibilities/Job Description
1.27.1 Advise the Corporation Board on Rule Interpretations;
1.27.2 Liaison directly with Executive Director for all matters dealing
with ISF Officials and officiating at the ISF.
INDEMNIFICATION
1.28 Any Officer or other member of the Corporation who may have acted
as a representative of the Corporation at its request, and his or
her heirs, executors or administrators, shall be indemnified by the
Corporation against any costs or expenses, including attorney’s fees,
reasonably incurred in connection with any criminal, civil,
administrative or other claim, action, suit, or proceeding,
including all appellate proceedings in which he or she may be
threatened, by reason of being or having been an officer of the
Corporation, or by serving or having served in the Corporation as
an Officer, employee, member or otherwise, at the request of the
Corporation, and against any payment or settlement of any such
claim, suit, action, or proceeding or in satisfaction of any related
judgment, fine or penalty, except costs, expenses or payments in
relation to any matter as to which he or she shall be finally
adjudged to be or to have been derelict in the performance of his
or her duties to the Corporation. The foregoing right of indemnification
shall not be exclusive of other rights to which the Officers or others
may be entitled to as a matter of law or otherwise.
BY-LAW TWO (2) - Board of Directors - Authority and Responsibility
2.1 The Authority and Responsibility of the Board of Directors shall be
conducted in a manner which will effectively operate the Corporation
and shall administer and conduct the affairs of the Corporation in a
manner consistent with the Constitution, By-laws, Rules and
Regulations of the Corporation, USA Hockey, SAHOF, and FYHL to
achieve the objectives of this Corporation, as prescribed in
Article Four of the Constitution.
2.2 The Board, from time to time, may also undertake the following
activities:
2.2.1 To suspend, expel or take disciplinary action against any team,
player, team official, or individual for any breach of the Constitution
and By-laws of this Corporation or of any decision, policy or
regulation of the Board of Directors;
2.2.2 To formulate, prescribe, alter or amend By-laws and Rules and
Regulations for the governing of this Corporation, consistent
with its Constitution and in general, make rulings or decisions on
any matter brought before;
2.2.3 To appoint/elect the President of the Corporation;
2.2.4 To appoint/elect the Secretary;
2.2.5 To appoint/elect the Treasurer of the Corporation;
2.2.6 To appoint the Referee-in-Chief of the Corporation;
2.2.7 To appoint the Chairs of Committees and Councils;
2.2.8 To coordinate the appointment of an Executive Director with the ISF
to conduct the day to day operations of the Corporation;
2.2.9 To oversee the collection and expenditure of funds to and from this
Corporation;
2.2.10 To authorize all major expenditures within approved budget limits;
2.2.11 To enter into agreements from time to time with organizations that
will, at the discretion of the Board of Directors, provide benefits
to the membership;
2.2.12 To assist in the facilitation and implementation of development
programs for players, coaches, game officials, team officials and
volunteers in cooperation with the Hockey Director of the ISF;
2.2.13 For specific or specialized business, to appoint Committees,
sub-Committees or other individuals to deal with these matters;
2.2.14 To provide a means to adjudicate disputes among individuals,
Member Teams and members thereof;
2.2.15 To call special meetings when necessary;
2.2.16 To ensure that each member of the Board of Directors conveys
themselves in a manner that avoids any conflict of interest;
2.2.17 To ensure that the Executive Director collectively represent the
interests of its members at all USA Hockey, SAHOF, and FYHL meetings
and functions;
2.2.18 To consider all decisions made by standing or Ad Hoc Committees and
Councils of this organization. No policy of a Committee or Council
shall be effective until ratified by the Board of Directors,
except those decisions of the Dispute Resolution Committee as
prescribed in the By-laws; and
2.2.19 Shall replace any Director in accordance with due process who:
1. Has committed and been convicted of a criminal offense while in
office;
2. Has consistently failed to perform his/her duties of office; or
3. Has knowingly violated the governing laws of the Corporation.
BY-LAW THREE (3) – Committees and Structure
3.1 The standing Committees of the Corporation shall be: Administration,
Finance, Operations, and other ad hoc committees as may be necessary to support the functioning and objectives of the standing committees identified in the Corporation’s Organization Chart (attached).
3.2 Each standing Committee shall have a minimum of three members. Member teams shall have no more than one member appointed from that team to any Committee.
3.3 In each standing Committee comprised of three members, two members shall constitute a quorum.
3.4 In the case of standing Committees whose membership exceeds three members, two-thirds of the members, shall constitute a quorum.
AD HOC COMMITTEES
3.5 Ad hoc Committees may be appointed from time to time as the need arises by the Board of Directors and shall be composed as in the case of Standing Committees.
3.6 The Chair of an ad hoc Committee shall be selected by majority vote of its members or, failing that, by the President of the Corporation.
3.7 The term of office of an ad hoc Committee shall be until its report is completed, unless otherwise ordered by the Board of Directors.
CONSTITUTION AND RULES COMMITTEE
3.8 The Constitution Committee shall consist of the Executive Director, the ISF Hockey Director, and three members of the Board of Directors of the Corporation who shall be appointed/elected annually by the Board of Directors.
3.9 The Chair of the Constitution Committee shall be elected by the members of the Committee.
3.10 The Constitution Committee shall edit the Constitution, By-laws, Rules and Regulations of the Corporation before they are published for distribution to members and may recommend such changes to the Constitution, By-laws, Rules and Regulations of the Corporation as it deems advisable and in the best interests of the sport of amateur hockey within the jurisdiction of the Corporation.
3.11 The Chair of the Constitution Committee shall report to the Board of Directors at each meeting concerning the activities of the Committee.
3.12 The Rules Committee shall consist of at least nine members which shall include one director or equivalent of each Member team, the Executive Director, the Referee-in-Chief, and the ISF Hockey Director.
3.13 The Board of Directors shall annually appoint all members of the Rules Committee for a term of one year.
3.14 The Rules Committee shall continually monitor, review, propose revisions of and amendments to the playing rules of the Corporation, USA Hockey, and SAHOF for consideration and action annually.
3.15 The Chair of the Rules Committee shall report upon the activities of the Committee at each meeting of the Board of Directors.
3.16 The Rules Committee shall meet annually and at such other times as are required by the Chair of the Committee.