BY-LAWS OF THE PEMBROKE YOUTH HOCKEY ASSOCIATION
Amended and Restated March 2, 2002
ARTICLE I – NAME
This organization shall be known as the Pembroke Youth Hockey Association, Inc., and may be comprised of any amateur hockey or skating teams, clinics or classes as may be deemed necessary to obtain the following objective.
ARTICLE II – OBJECTIVE
(a) The objective of the Pembroke Youth Hockey Association, Inc., shall be:
a. to implant firmly in the youth of the community the ideals of good sportsmanship, fair play, teamwork and responsibility in the overall context of having fun; and
b. to foster a community spirit among its members, supporters and teams while increasing interest in the game of hockey in the town of Pembroke.
(b) The objective will be achieved by providing supervised competition and instruction in games applicable to ice sports. The supervisors and personnel of the Association shall bear in mind at all times that the attainment of exceptional athletic skill or the winning of games is secondary, and the molding of future men and women is of prime importance.
ARTICLE III – GOVERNMENT
(a) The members of the Pembroke Youth Hockey Association, Inc., shall be governed by the Board of Directors. The Board shall consist of nine members: President, First Vice-President, Second Vice-President, Treasurer, Secretary, the Chairperson of the Fundraising Committee and three additional directors appointed by the President. The Registrar may be one of the three appointed directors at his/her sole option, which such option shall expire on May 1.
(b) The members of the Pembroke Youth Hockey Association, Inc., at their Annual Meeting, shall elect a President, First Vice-President, Second Vice-President, Treasurer and Secretary. The term of each elected officer shall be two years. The terms shall be staggered in that the President, Second Vice-President, and Secretary shall be elected each even year and the First Vice President and Treasurer shall be elected each odd year. Each of the remaining Directors shall be elected or appointed for a term of one year. All newly elected and newly appointed (incoming) Officers and Directors shall assume office on May 1 following the Annual Meeting but shall be empowered to make appointments and take such actions that are consistent with these offices to effectuate a proper transition.
(c) No two offices, except those of Secretary and Treasurer, may be held by the same person, and, should the Secretary/Treasurer’s office be held by one person, an additional director will be appointed.
(d) Governance of the corporation shall be under the supervision of the Board of Directors who shall determine all policy matters and make such reasonable rules and regulations as may be necessary to carry out the objectives and purpose of this organization. The Board of Directors shall maintain written Operating Procedures, which shall be made publicly available and amended by at least a two-thirds vote of the Board of Directors.
(e) The Board of Directors shall have control and management of the property and management of the organization. Funds of the organization shall be withdrawn from the bank or banks with which they are on deposit by the signature of the duly elected Treasurer. All checks in excess of five thousand dollars shall require the signatures of both the President and the Treasurer.
(f) Vacancies on the Board of Directors or in any office shall be filled in accordance with the rules of succession stated in Article VI herein, with the position of Second Vice President being filled by vote of the Board of Directors; such appointees to serve the duration of the term of the individual being replaced or until the next regular election, whichever occurs sooner.
(g) All contested positions on the Board of Directors shall be elected by secret ballot by the Voting Members at the Annual Meeting.
(h) No member of the Board of Directors may receive any remuneration for services rendered acting as a Board member. Reasonable out of pocket expense may be allowed after statement of accounts is presented to and approved by the Board of Directors. Expenses must be for the betterment of Pembroke Youth Hockey.
(i) The President shall cast the deciding vote in the event of a tie vote by the Board of Directors. Otherwise, the President shall not have a vote on the Board of Directors
(j) An elected officer shall not be allowed to hold any one office for more than two consecutive terms.
(k) Any use of “PYH,” “PEMBROKE YOUTH HOCKEY,” or any other trademarks, trade names or logos of the Association may only be used with the express consent of the Board.
(l) Nominations shall be made from the floor, provided the party being nominated is present to accept such nomination. No member shall be eligible to be nominated for election or appointment to any office, unless he/she has been a member in good standing for a period of not less than two years immediately prior to the election or appointment. For the purpose of this paragraph, a member shall be considered to be in “good standing” unless they have been dismissed, expelled or suspended for violating Article 2, within said two-year period . Additionally, that member shall not be eligible to vote in any election for that two-year period. The eligibility requirements of this Subsection (l) shall not apply to any acts prior to March 2, 2002.
(m) Members and member’s guests will face disciplinary action for:
a. Violation of game rules;
b. Abusive language or behavior toward players;
c. Abusive language or behavior toward referees;
d. Use of inappropriate language;
e. Any act that may be viewed as detrimental to the program or the Association; or
f. Use of tobacco, alcohol, or drugs during games, in locker rooms, on ice practice.
(n) Any Member who is accused of violating Paragraph (a) or (b) of this Article II shall be called before the Board of Directors in a private session, to explain any such accusation and after due consideration of the charges may be subject to disciplinary action, up to and including dismissal, by a two-thirds vote of the Board of Directors that attended the private session. The accused member shall be notified immediately of the accusation and the Board shall convene the aforementioned meeting as soon as practicable, but shall endeavor in good faith to set the meeting no earlier than two days from the notification of the accused member and no later than seven (7) calendar days from the date of receipt of the accusation. The Board may, in its sole discretion, suspend the accused member pending the meeting. The person(s) bringing the complaint must be present at the meeting of the Board for the Board to hear the complaint, unless the Board of Directors excuses such absence. The member may appeal the decision of the Board of Directors to a Voting Membership meeting where the accusation and all related evidence shall be heard publicly. Any dismissal or expulsion shall be a two-thirds vote of the Board of Directors at a duly constituted meeting. Members may appeal any decision of the Board of Directors to a Voting Membership meeting who, on a two-thirds vote, may order reinstatement or otherwise overturn the decision of the Board.
(o) Upon receipt of substantial evidence of the misconduct of any youth, the Board of Directors shall notify the coach of the team of which the youth is a member and the Level Director for that level at the earliest opportunity. The coach shall appear in the capacity of an advisor, with the youth before the Board of Directors, which shall have the authority to take appropriate action including, but not limited to, suspension or expulsion of the youth from the program.
(p) The Board of Directors shall be the official representatives of PYH in all areas which come under their jurisdiction. However, other delegates may be appointed by them.
ARTICLE IV – MEETINGS
(a) The Annual Meeting shall be called no earlier than the first Saturday and no later than that third Saturday of March each year, for the reading of reports, the election of officers, and all other business properly brought before the Voting Members. Notice stating time and place, of said meeting shall be mailed to each member at his last known address at least ten (10) days prior thereto.
(b) Additional meetings of the Voting Membership may be called by the President at any time or upon written request to the President of at least three members of the Board of Directors or ten active members in good standing of the Association.
(c) A duly constituted meeting of the Board of Directors shall be one at which a majority of the members of the Board of Directors are present.
(d) Roberts Rules of Order shall govern the proceedings of all meetings, except where the same conflicts with the Constitution or Bylaws of the Association.
ARTICLE V – MEMBERSHIP
(a) All coaches, managers, elected and appointed officials and committee members of the Pembroke Youth Hockey Association, Inc.; persons in good standing with PYH, team representatives and all persons having previously held the position of President within the Association shall be considered as “Voting Members” of the Pembroke Youth Hockey Association, Inc. Only Voting Members, as classified under this section, will be allowed to vote at a general membership meeting. All others may be classified as associate or honorary members and will not be entitled to vote at a meeting. The Board shall freely admit to Voting Membership pursuant to this Article V(a) those individuals who have given of their time at the request of the Pembroke Youth Hockey Association, Inc. in the furtherance of the goals stated herein above.
(b) A player member shall be any youth meeting the requirements as to age and residence as set forth in the rules of the Pembroke Youth Hockey Association, Inc., and shall be non-voting.
(c) Any resident of the Town of Pembroke and any neighboring towns subject to Massachusetts Hockey Rules and approval of the Board of Directors of Pembroke Youth Hockey Association, Inc. shall be considered eligible for membership. This shall include any prior resident of the Town of Pembroke who has moved out of Pembroke but whose child started with Pembroke or played for Pembroke Youth Hockey, subject to Massachusetts Hockey rules.
(d) A regularly scheduled meeting of the general membership shall be held at least once annually, the meeting occurring in March shall be the annual meeting (“Annual Meeting”).
(e) Membership in the Association shall expire at 12:00 midnight on April 30 unless renewed pursuant to this Article V.
ARTICLE VI – DUTIES OF OFFICERS
(a) The President, as chief executive officer of the Association, shall supervise the Association’s affairs and activities and shall make an annual report thereon to the members and shall be Chairman of the Board of Directors. The President shall be an ex-officio member of all committees.
(b) The First Vice-President shall preside at the membership and Board of Directors’ meetings in the absence of the President and shall succeed to the office of President if the President is unable or unwilling to continue his/her duties, shall also work with the President on such affairs as membership, finances, and public relations and publicity.
(c) The Second Vice-President shall preside in the absence of the President and the First Vice-President and shall succeed to the office of First Vice-President if the First Vice-President is unable or unwilling to continue his/her duties.
(d) The Secretary shall give notice of all regular and special meetings and shall keep a permanent record of the minutes of such meetings. The Secretary shall be the custodian of all official non-financial records of the Association and he/she shall keep attendance.
(e) The Treasurer shall issue notices and be responsible for the collection of monies, obtaining and retaining tax exempt status and filing of appropriate reports with state and federal agencies, keep the financial books of the organization, disburse funds at the direction of the Board of Directors, and shall report in detail at the Annual Meeting and at such other times as directed on the financial condition of the Association.
ARTICLE VII – DUTIES OF NON-OFFICERS
(a) . There will be a Level Director for each hockey division. Each Level Director shall provide to the Board upon each request of the Board and at the Annual Meeting an individualized report on each coach in a form propagated by the Board and shall investigate and report to the Board with respect to all disciplinary matters occurring at the Level Director’s level.
(b) The Level Directors, acting as a group, shall make recommendations to the incoming Board with respect to the Coaches. The incoming Board shall consider the recommendations of the Level Directors in selecting the Coaches.
(c) Coaches shall establish team conduct rules at the beginning of the season, each in accordance with Article II herein. Such rules should, inter alia, set conduct for the team when gathered together at arenas, restaurants, hotels, etc. In selecting coaches of competitive teams, the Board of Directors, shall formulate their own standards of character and leadership qualities, said standards being in keeping with the objectives of the Pembroke Youth Hockey Association, Inc., particularly with regard to the prime importance of the molding of future citizens and the secondary importance of the attainment of exceptional athletic skills.
(d) The Ice Coordinator shall secure and distribute ice time, subject to the approval of the Board of Directors.
(e) An Equipment Manager shall be responsible for the securing of all bids and equipment as shall be needed by the various teams and shall render all requisitions to the Board of Directors for approval. He/she shall be responsible for purchasing, cleaning and repairing all equipment belonging to the Pembroke Youth Hockey Association, Inc.
ARTICLE VIII – FINANCIAL POLICY
(a) The Board of Directors shall decide all matters pertaining to the finances of the Association, and it shall be a permanent policy to place all income in one or more accounts held in the name of Association, directing the expenditure of same in such a manner as will give no individual or team an advantage over the others as to equipment, ice facilities, etc.
(b) The Treasurer of the Association and/or a financial designee of the Board of Directors shall receive the income of the Association and shall be empowered to transmit funds for debts of the Association properly incurred by, or subsequently approved by, the Board of Directors. Any draft, wire transfer, or other transmission of funds in excess of $5000 shall require the signature of both the President and the Treasurer.
(c) The Board of Directors shall not permit the payment, contribution, or disbursement of funds to individuals or teams without its authorization and shall solicit same for the common treasury of the Pembroke Youth Hockey Association, Inc. The above regulation is to discourage favoritism among teams and to endeavor to equalize the benefits of the Pembroke Youth Hockey Association, Inc.
(d) The Registrar, PYH Treasurer and the Bingo Treasurer will be bonded by the Board of Directors; the expense of said bonds will be borne by the Association.
(e) The Board of Directors shall not approve a budget in which a capital loss is incurred. If such a loss is in the judgment of the Treasurer reasonably anticipated to occur, the Board shall immediately send notice to the membership and convene a special meeting of the members to review and/or approve the budget.
(f) A budget for the upcoming fiscal year shall be approved by the Board of Directors and presented to the membership, no later than the first monthly meeting in September.
ARTICLE IX – STANDING COMMITTEES
The Board of Directors, within thirty (30) calendar days following the Annual Meeting, shall appoint the following committees:
(a) Finance Committee
1. The Finance Committee shall be composed of one officer and two members for a term of one (1) year.
2. It shall be the duty of the Finance Committee to present to the Board of Directors a written report of the financial conditions of the Pembroke Youth Hockey Association, Inc. Said report is to be presented to the Board of Directors at the first regular meeting following the appointment of the Committee.
3. Where practicable, at least one member of the Finance committee shall be required to have a financial background, either by education or experience.
(b) Fund Raising Committee
1. The Fund Raising Committee shall consist of three voting members appointed by the Board for a term of one (1) year. The three members shall be the Chairperson of the Fundraising Committee, the Member in Charge of Bingo and another Member.
2. It shall be the duty of this committee to raise funds for the Pembroke Youth Hockey Association, Inc., subject to the approval of the Board of Directors.
3. Governance of Bingo, including without limitation, the publication of rules and policies, shall be within the purview of the Fund Raising Committee subject to the following:
(a) A Member-in-Charge of Bingo shall be appointed by a majority vote of the Board of Directors; and
(b) The majority of the bingo proceeds shall be used to reduce Pembroke Youth Hockey’s monthly ice costs.
4. Scholarship Committee.
(a) The Scholarship Committee be governed by the Fundraising Committee and shall consist of (3) three voting members appointed by the Board for a term of (1) one year.
(b) The Scholarship Committee shall operate subject to Article XI herein below.
(c) The Scholarship Committee shall be responsible for it's own fund raising.
(c) The Board of Directors shall be empowered to provide for as many ad hoc committees as they deem necessary to perform operations consistent with the objectives of the Association.
ARTICLE X – EQUIPMENT
All youth in competition shall have full protective uniforms consisting of helmet with facemask, mouth guards, neck guards, gloves, shoulder pads, jersey, pants with hip pads and upper leg pads, shin guards, cup, elbow pads, stockings and hockey skates.
ARTICLE XI – SCHOLARSHIP FUND
(a) The purpose of the scholarship fund is to assist former Association players to pay for higher education. This shall be a one-time gift for such purpose.
(b) Scholarship funds shall be segregated from all other Association funds and disbursement of such funds shall require the signature of both the President and the Treasurer of the Association. All qualified registrants will receive equal amounts in any given year, said amount to be determined by the Scholarship Committee and approved by the Board Of Directors.
(c) In order to qualify to a scholarship hereunder, an applicant must (i) have completed five (5) years in good standing as a registered player for an Association team, (ii) be enrolled and/or attending an institution of higher education (as defined below), and (iii) apply within one (1) year following graduation from high school. The five years need not be in consecutive order, but must include the final two (2) years of eligibility in the “midget” level, and no more than two years in the “mite” level will be counted toward the five-year total. These qualifications may be waived by a two-thirds vote of the Board for reasons such as injuries, illness, or any other hardships deemed appropriate by the Board of Directors.
(d) For the purpose of this Article, “higher education” shall mean an educational institution for which a tuition payment is required and that require a high school diploma for entrance. Examples of such programs are that of accredited colleges or trade schools, as well as such other programs as the Board may approve from time to time.
(e) No awards will be given until written proof is received from the school that the student is attending, stating he/she has started their second, or fall, semester.
ARTICLE XII – AMENDMENTS
This constitution or any section thereof may be amended or repealed by a two-thirds vote of the voting membership present at any duly constituted meeting; provided that written notice of such proposed changes over the signature of the Secretary shall be mailed to each member at least ten (10) days prior to the meeting at which such proposed changes shall be submitted to vote.