By-Laws

Batavia Hockey Club, Inc.

By-Laws Original Dated July 1, 1999

Revised November 10, 1999

 Adopted July 21, 1999   Revised September 6, 2001    Revised September 7, 2002    Revised March 1, 2008

ARTICLE I TITLE AND PURPOSE A. Title

The name of this organization shall be Batavia Hockey Club, Inc. B. Purpose 1. This Club shall be organized exclusively for educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code. 2. This Club shall develop and encourage sportsmanship and playing proficiency by all players and persons involved in the sport of hockey.

ARTICLE II MEMBERSHIP

Membership is the parent/guardian of any rostered player(s) for the season the election is being held. The “member” is entitled to one (1) vote per membership, or if two (2) players are from the same family, two (2) votes are allowed, etc. The election of the Board of Directors shall be by vote of the Club members.

 ARTICLE III BOARD OF DIRECTORS

A. Board Composition The Board of Directors shall be composed of six (6) voting members. All directors shall be elected by the membership for a term of two (2) years.

B. The President shall vote to break a tie. The Directors shall be as follows. 1. President 2. Vice-President 3. Secretary 4. Treasurer/Registrar 5. Fundraising Chair 2 6. Member at Large

C. Term of Office 1. Board members shall be elected for a two (2) year term commencing at the Annual Meeting and concluding on the election of their successor. 2. If a Board member should resign, the Board reserves the right to appoint a replacement to serve the remainder of the term. a. Board terms shall start out staggered in the first 4 years to allow the club to become established. b. In the year 1998, the Board was established by appointment/volunteers. c. The terms for President, Treasurer/Registrar, and Fundraising Chair shall be two (2) years, with elections held in September 2003 for these offices.

D. The terms for Vice President, Secretary, and Member at Large shall be two (2) years with elections held in September 2002 for these offices.

E. In succeeding years, all Board members shall serve a two (2) year term.

F The Board of Directors may choose to increase the number of Board members by first voting and approving new positions, then holding elections to fill these positions. Terms shall be two (2) years.

G. Directors may not serve more than three (3) consecutive elected terms in the same position. D. Election Procedures Election of Directors shall be held at a general meeting in September or at a special election if necessary. Nomination for Directors shall be made at the general meeting. Each position shall be voted on separately. The candidate receiving the greatest number of votes cast shall be elected to the Board.

E. Recall of Board Members Any member of the Board of Directors may be recalled and removed from office for cause, in accordance with the procedures set forth below:

1. A petition seeking the recall of any member of the Board of Directors may be brought by either one-third (1/3) of the “membership” of the organization or another member of the Board of Directors. Such petition must be in writing and filed with the President of the Board of Directors, (or in case of petition seeking the recall of the President, with the Vice-President). A copy of that petition must be provided within twenty-four (24) hours to the Board member whose recall is being requested.

2. Upon receipt of a recall petition, the President (or Vice-President) shall, within thirty (30) days of filing, call a meeting of the Board (or membership, if the recall petition is filed by the membership) to consider the recall petition. The person whose recall is being requested shall be given a reasonable amount of time to answer the petition, after which a vote shall be conducted.

3. Recall shall require approval of all the members of the Board of Directors, except the individual whose removal is being voted upon, or a majority of the membership (if the recall petition is filed by the membership). Voting shall be by secret ballot.

4. A member of the Board who has been recalled shall immediately be divested of all authority and rights vested in that Office upon certification of the results of the recall ballot by the officer administering the recall. 

F. Meetings of the Board

1. The Board of Directors shall meet monthly when school is in session.

2. Notice of a regular meeting of the Board of Directors shall be published to the Board members.

3. The President or any two (2) Board members may call special meetings.

4. Notice of special meetings shall be given to each Director in person, or via telephone, fax, or email, not less than twenty-four (24) hours prior to the scheduled meeting time.

5. The meetings of the Board of Directors shall be open to all members who wish to observe the proceedings. Other persons may only attend with the approval of a majority of the Board.

 6. The Board reserves the right to enter into executive session for confidential discussions only. No Board decisions shall be made in executive session.

 G. Duties of the Board of Directors All Board members shall administer the policies of the Board.

President

1. Preside over monthly Board meetings.

2. Attend league and state meetings.

3. Serve as liaison between Batavia Hockey Club and School District 101.

Vice-President

1. Attend Monthly Board meetings.

2. Attend league and state meetings.

3. Assume the authority and responsibilities of the President if he/she is not present.

Secretary

1. Attend Monthly Board meetings.

2. Keep minutes of each Board meeting.

3. Provide copies of the minutes for the next Board meeting and for any interested party. 4. Administer the election process.

Treasurer/Registrar

1. Attend monthly Board meetings.

2. Collect all player fees.

3. Pay all club expenses.

4. Register team with AHAI and USA Hockey.

5. Accomplish IMR processing. 4 6. Prepare the Budget/Treasurers Report.

Fundraising Chair

1. Attend monthly Board Meetings

2. Co ordinate all fundraising activities including but not limited to Program Advertising, Gate Collection, Annual Raffle, Car Washes and other activities that arise.

Member at Large

1. Attend Monthly Board meetings.

2. Perform other duties as assigned by the Board. 3. Act as liaison between Batavia Hockey Club and School District 101.

ARTICLE IV CONFLICT OF INTEREST

No member of the Board of Directors shall participate in the discussion or vote on any matter in which the member has a material or financial interest in the outcome of the issue. Additionally, no member of the Board of Directors shall participate in the discussion or vote on any other matter in which the member has a conflict or interest. Members shall declare any known potential conflicts, which shall be resolved by the Board.

ARTICLE V STANDING COMMITTEES

A. Rules & Ethics

1. Board member to chair Committee with 3 appointed members.

2. Committee shall make recommendations to the Board regarding infractions of By-Laws and Policies for on- and off-ice conduct of players/members.

 3. Board enforces By-Laws and Policies prior to the next scheduled game. 4. Player/member has the right to be heard by the Board prior to the decision of the Board. B. Fund Raising C. Publicity

ARTICLE VI OPERATING POLICIES & PROCEDURES

A. Fees

1. The Board shall determine appropriate fees and payment schedules as necessary for the activities of the Club. Fees include player fees, tournament fees, sponsor contributions credited in whole or in part against player fees, sponsor contributions credited against Club activities, and other necessary fees.

2. The registrar shall collect and forward fees for USA Hockey Insurance.

3. Fees are payable when due and are non-refundable. Non-payment of player fees by the date due shall be cause for suspension in accordance with AHAI procedures.

4. The Board of Directors may consider requests for fee adjustment or refund on a case-by-case basis. The decision of the Board shall be determined by a two-thirds (2/3) majority vote of the 5 Board members present.

ARTICLE VII EXEMPTION FROM FEDERAL INCOME TAX

A. Purpose This Club is organized exclusively for charitable, educational, religious, or scientific purposes within the meaning of section 501(c)(3) of the Internal Revenue Code.

B. Inurement Of Income No part of the net earnings of the organization shall inure the benefit of, or be distributable to, its members, trustees, officers or other private persons except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered.

 C. Legislative Or Political Activities No substantial part of the activities of the organization shall be the carrying on of propaganda or otherwise attempting to influence legislation and the organization shall not participate in or intervene (including the publishing or distribution of statements for any political campaign or behalf of any candidate for public office.

D. Operational Limitations Notwithstanding any other provisions of these articles, the organization shall not carry on any other activities not permitted to be carried on (a)by an organization exempt from Federal Income Tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by an organization, contributions, to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

E. Dissolution Clause Upon the dissolution of the organization, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities of the organization, dispose of all the assets of the organization exclusively for the purposes of the organization in such a manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Trustees shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes, or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes.

ARTICLE VIII

These by-Laws may be altered or amended by an affirmative vote of not less than two-thirds (2/3) of the membership.