BAY OF QUINTE MENS SOCCER LEAGUE CONSTITUTION

Approved April 25, 2013

 

Article 1: NAME

  1. The name of this Club shall be the Bay of Quinte Men's Soccer League (BQMSL), hereinafter referred to as the League. The headquarters of the League shall be located within the District Boundaries of the Southeast Ontario Soccer Association, hereinafter referred to as SOSA.

     

  2. Termination of Membership
    1. Membership in the League shall be deemed to have been terminated:
      1. when the registration period expires,
      2. when the Member submits a signed letter of resignation to the League, or
      3. when the Member is expelled by the League's Executive;
    2. Any Member who infringes the Articles of this Constitution or published rules and regulations or brings the League into disrepute, may be reprimanded or expelled from the League after a hearing by the Executive Committee of the League at which hearing the Member is entitled to attend.

       

    3. The removal of a member of the Executive as described at paragraph 5.7.1, requires a two thirds (2/3) vote of the Executive. All members of the Executive must receive notice of a motion to remove a member of the Executive will be debated and voted upon at the Executive meeting.
    4. A Member of the Executive may also be removed from office as discussed at paragraph
    5. All League members must receive notice of a motion to remove a member of the Executive well be debated and voted upon at the members' meeting.

       

  3. Fees
    1. The membership fee for players, coaches and administrators shall be set annually by the Executive and ratified by the Team Representatives at a general meeting of the League.

       

  4. Discipline of Member
    1. League shall follow the OSA Discipline Policy 9.0 and its members will be subject to the provisions of this policy, including Discipline by Review and Discipline by Hearing. The League's discipline decisions may be appealed to SOSA, in accordance with the OSA Appeals Policy 10.0.
    2. Infractions against the League's published rules will be charged under misconduct 1.66 - Senior Player acted in contravention of, or failed to act in accordance with, a "Published Rule ", which may carry a suspension of one to 3 months for a first offence. An individual whose Membership has been suspended loses all rights of Membership until the suspension has been terminated.

       

    3. A director may hold more than one position on the Executive.
    4. Every director shall be 18 years of age or older, and shall be a Regular Member of the League.
    5. A director shall serve for a term of two years on the Executive

       

  5. Nominations and Elections of Directors
    1. Nominations for positions on the Executive may be made by any Member at the Annual General Meeting or at a Special General Meeting called for that purpose. Nominations and elections for positions open shall be held in the order of positions listed at paragraph 5.1.
    2. Election shall be by secret ballot of votes by regular members. A majority of the votes cast shall be required to elect a director to a position on the Executive. Should no candidate receive a majority of votes, the candidate with the least number of votes shall be dropped from the ballot and another vote shall be held. In the event only one candidate is nominated for a position on the Executive, no vote will be held and the nominated candidate shall be elected by acclamation.
    3. The positions of President, Treasurer, Registrar, shall be elected in even numbered years while the positions of Vice-President, Secretary, Match Secretary/Field and Game Scheduler and Statistician shall be elected in odd numbered years.

       

  6. Executive Vacancy
    1. A member of the Executive may resign her or his position by submitting a signed letter of resignation to the League. A vacancy on the Executive shall be filled by a majority vote of the Board of Directors. The director newly elected to the Executive shall hold the position for the remainder of its term.

       

  7. Removal of Executive Member
    1. No member of the Executive shall be removed for arbitrary reasons; a member of the Executive may however be removed if:
      1. he or she is unable to perform the duties expected of the position due to, but not limited to, any of the following reasons:
        1. if she/he becomes incapable of performing the business of the League;
        2. if she/he is absent from two or more meetings of the Executive without satisfactory reason;
        3. if she/he no longer resides in reasonable proximity to the League;
      2. the member of the Executive has compromised the integrity of the League due to, but not limited to, any of the following reasons:
        1. if she/he has been found guilty of an offence under the Harassment Policy of The OSA;
        2. if she/he has been found guilty of an offence involving violence under the Discipline Policy of The OSA;
        3. if she/he has failed to properly account for monies or other property belonging to the League;
        4. If she/he has been found guilty of a criminal offence regardless of whether or not the offence directly affected the League.
  8. Conflict of Interest and Standards of Conduct
    1. The Executive shall be subject to the OSA Conflict of Interest Policy 18.0.

       

  9. Duties of the Executive
    1. The Executive shall be charged with the conduct of the business of the League and its day to day operations in accordance with this Constitution and published rules and regulations.
    2. The Executive shall be responsible for the appointment of all positions within the League except for those positions listed at paragraph 5.5.1. This shall include the appointment of volunteer and paid positions for coach and administrator positions. The selection process and the appointments shall be based on procedures outlined in the League's published rules.
    3. The Executive may also revoke, for cause, any appointment providing that it has followed the procedures for the revoking an appointment as outlined in the League's published rules.

       

  10. Duties of the members of the Executive
    1. 5.10.1.President. The President shall preside at all general meetings of the League and of the Executive, except as provided for in OSA Dispute Resolution Policy 9.0, or when the President delegates the responsibility to another person, The President shall be ex officio a member of all committees (with the exception of nominations committee); shall appoint all chairs of standing and special committees subject to ratification by the Executive; shall coordinate all duties of the Executive, committees, staff; and shall be the spokesperson for the League.
    2. Vice-President. The Vice-President shall assume the duties of the President in his or her absence shall attend meetings of the Executive and shall have other powers as assigned by the Executive.
    3. 5.10.3.Treasurer. The Treasurer shall ensure that full and accurate records are kept of the accounts of the League; shall make deposits and issue cheques; shall present an annual budget; shall report to the Executive at least once per quarter; shall submit an Annual Report to the Annual General Meeting; and shall attend meetings of the Executive.
    4. 5.10.4.Secretary. The Secretary shall maintain a record of all decisions of the organization through the taking of meeting minutes, shall maintain copies of all committee reports, shall notify members of the Executive and of committees of their election or appointment, shall provide committees with those documents required to perform their duties, shall sign all certified copies of acts of the organization (unless otherwise specified in the League's published rules), shall maintain record books in which official copies of the Constitution, published rules and minutes are kept and have the current record books available at each meeting, shall send notices of General meetings to the Membership, shall send notices of meetings of the Executive to the members of the Executive, shall maintain the League's general correspondence (unless it falls within the purview of another member of the Executive or member of a committee), shall prepare an agenda prior to each meeting in consultation with the presiding officer, shall attend meetings of the Executive shall preside over meetings in the absence of the President and Vice-President or when a presiding officer is yet to be elected.
    5. 5.10.5.Registrar. The Registrar shall be responsible to ensure that all players and teams are properly registered with the OSA or SOSA as appropriate, shall communicate with the OSA or SOSA to confirm registration, shall maintenance registration information in the OSA computer registration system, shall deliver registration fees to the Treasurer, shall make reports of fees and registration collected, and shall attend Executive meetings.
    6. Match Secretary/Field and Game Scheduler. The Field and Game Scheduler shall be responsible for the scheduling of all regular games, playoff games, and cup games, including rescheduled games. The scheduler shall be responsible to ensure all scores are entered in appropriate league records and standings are accurate; to keep and update all game statistics as mandated by the Executive and attend executive meetings. The Scheduler shall attend executive meetings.
    7. Other Executive Positions. The Executive shall have the authority to assign duties to other Executive positions.

       

  11. Annual General Meeting
    1. The League shall hold its Annual General Meeting not later than January 31 of the year following the Outdoor Season. The agenda of the Annual General meeting shall include:
      1. Roll Call
      2. Minutes of Previous Annual General Meeting
      3. President's Address
      4. Officers' Reports
      5. Treasurer's Report
      6. Auditor's Report
      7. Other Reports
      8. Unfinished Business
      9. Amendments to the Constitution and published Rules & Regulations
      10. Appointment of auditors for following fiscal year
      11. Roll Call
      12. Election of Officers and Executive Committee Members
      13. Any Other Business
      14. Adjournment

         

  12. Special General Meeting:
    1. A Special General Meeting of the League may be called by the Executive when a need is deemed to exist. A Special General Meeting shall also be called when requested by 25% of the membership or 25 members (whichever is less); such a request must be received by the League through by registered mail, certified mail, trace mail, courier service, hand delivery, fax or email, and it shall clearly set out the items of business to be conducted at the Special General Meeting. The Special General Meeting shall be held within 30 days of receipt of the appropriate request from the membership.
    2. Only the business set out in the notice of the Special General Meeting shall be discussed.

       

  13. Voting at General Meetings
    1. Every team shall have the right to attend, speak and cast one vote (1) at a General Meetings. Teams will be required to clearly identify their Team Representative prior to the beginning of the meeting.

       

  14. Executive Meeting:
    1. The Executive shall meet periodically to establish and set guidelines for League business, upon a minimum of 4 days’ notice given by the President and/or Secretary, at such place and time as the Executive may determine.
    2. A majority of the Members of the Executive shall form a quorum at all meetings of the Executive. Questions arising at any meeting shall be decided by a majority of votes where each member of the Executive is entitled to cast one vote.

       

  15. The fiscal year of the League shall run from January Is to December 31st of each year.

     

  1. Article 2: OBJECTIVES

    The League shall have the following objectives:

    1. The objectives of the league shall be to promote, develop, and govern the sport of soccer within the league's jurisdiction in the Bay of Quinte and its environs.
    2. To help individuals to develop their character as resourceful and responsible Members of their community by providing opportunities, through the game of soccer, for their mental, physical, social and leadership development.

       

  2. Article 3: AFFILIATIONS
    1. The League shall be a Member of the SOSA and shall follow the published rules of the SOSA and the Ontario Soccer Association, hereinafter referred to as OSA. The League and its members are subject to the published by-laws, rules and regulations of the bodies to which it is affiliated. Should there be a conflict between the by-laws, rules or regulations, the following order of precedence shall apply
      1. The OSA,
      2. The SOSA
      3. The League

         

  3. Article 4: MEMBERSHIP
    1. The League shall have only one category of membership, namely Regular Members. Each League member shall be entitled to a vote at Members' meetings. Although an individual may qualify for membership through more than one role, each individual will be deemed to hold only one Membership in the League, and shall not be entitled to more than one vote at Members' meetings.
    2. Regular Member
      1. A regular Member is a player, a coach, or administrator who is properly registered with the League in accordance with published Rules and Regulations.
      2. All members must be 18 years of age or older.
      3. A player shall become a regular Member when the registration is approved by the League's Registrar.
      4. A coach shall become a regular Member when the coaching application has been accepted by the directors of the League. A coach is an individual who is registered as such with SOSA or the OSA.
      5. An administrator shall become a regular Member upon election or appointment by the directors of the League to administer the League or one of its teams. An administrator is an individual who is registered as such with SOSA or the OSA. For purposes of this definition, a team manager shall be classified as an administrator.
      6. The regular members of a team shall be represented at all general meetings of the league through a single Team Representative, who shall be a regular member that has been appointed by the team.
      7. At the discretion of its Executive, the BQMSL may refuse registration to a team or individual who have been deemed not to respect the spirit of published regulations, or who are deemed to be an administrative burden. When such a decision is reached following receipt of a registration form, the BQMSL will return the registration form and payment along with a letter explaining its decision.

         

  4. Article 5: BOARD OF DIRECTORS
    1. The League shall be governed by a Board of Directors hereinafter referred to as the Executive which shall consist of at least five (5) and preferably sever (7) or more individuals. These individuals shall hold the following positions or be assigned other duties at the discretion of the Executive:
      1. President
      2. Vice President
      3. Treasurer
      4. Secretary and publicity
      5. Registrar
      6. Match Secretary/Field and Game Scheduler
      7. Statistician
  5. Article 6: MEETINGS
    1. General Meetings:
      1. An official notice of each General Meeting shall be given to all Team Representatives at least 14 days before the meeting is to be held. , Such notification shall be by: email, fax, or any other suitable method to ensure such notice is received and it shall include the details such as location, date and time as determined by the Executive.
      2. A quorum for all general meeting shall be Sixty Six (66%) percent of the League's Team Representatives who are eligible to vote.
      3. Any question shall be decided by a majority of the votes unless otherwise required by this Constitution or other published rule or regulation.

         

  6. Article 7: COMMITTEES
    1. The Team Representatives at any general meeting, or the Executive Members at any meeting of the Executive, may establish a standing committee or special committee to carry out specific items of League business.

       

  7. Article 8: PROCEDURES GOVERNING MEETINGS
    1. All meetings of the League shall be conducted in accordance with the most recently published Robert's Rules of Order Newly Revised except as may be otherwise stipulated in this Constitution or other published Rules and Regulations.

       

  8. Article 9: AMENDMENTS
    1. Amendments to this Constitution may be proposed by the Executive, or proposed by Members and submitted in writing to the League Secretary at least fourteen (14) days prior to the Annual General Meeting of the League.
    2. Copies of all proposed amendments shall be sent at least seven (7) days prior to the Annual General Meeting by the Secretary by registered mail, certified mail, trace mail, courier service, hand delivery, fax or email to the Team Representatives who shall be responsible for the notification of their team's the regular members.
    3. Proposed amendments must be approved by at least two thirds (2/3) vote of the Membership present at the Annual General Meeting of the League.

       

  9. Article 10: RULES AND REGULATIONS
    1. The League may adopt rules and regulations as deemed necessary to promote, develop, and govern the sport of soccer. Amendments to rules and regulations may be passed by a majority vote at any general meeting.
    2. A copy of the current Rules and Regulations shall be made available to all members of the League by publishing it on the League website.
    3. A written copy of the current Bylaws and Rules and Regulations shall be provided annually to the Team Representatives for their reference.
    4. The Executive shall inform members of any changes to the Rules and Regulations within seven (7) days of their adoption by sending an email to all Team Representatives and by amending the copy of the Rules and Regulations published on the League website.

       

  10. Article 11: INDEMNITY
    1. Members of the Executive or other servants to the League, their heirs, executors, administrators and estate and effects respectively shall be indemnified and saved harmless at all times by the League against all costs, losses and expenses incurred by them respectively in or about the discharge of their respective duties, except such as happens from their own respective willful neglect or default.

       

  11. Article 12: FINANCE
    1. The financial statements of the League shall be:
      1. presented annually subject to the minimum requirements as defined in iv)
      2. based on a defined fiscal year end;
      3. presented to members at the Annual General Meeting; and
      4. subject to the following size test based on financial statements of the previous year:
        1. audited, as defined by the Canadian Institute of Chartered Accountants (CICA), by a public accountant if the Club's annual gross revenue is greater than or equal to $150,000 or the Club has greater than or equal to 1000 registered players; or
        2. reviewed by Public Accountant, Certified General Accountant or a Certified Management Accountant through a Financial Review Engagement, as defined by CICA, if the Club's annual gross revenue is less than $150,000 but greater than or equal to $100,000, or the Club has less than 1000 but greater than or equal to 500 registered players; or
        3. signed with a Notice to Reader prepared by a Public Accountant, Certified General Accountant or a Certified Management Accountant if the Club's annual gross revenue is less than $100,000 but greater than or equal to $10,000.00.
        4. Completed by the Treasurer or designate, if the Club's annual gross revenue is less than $10,000.
      5. if an auditor is required:
        1. At each Annual General Meeting, the Members will appoint an auditor to audit th3 books, accounts and records of the Club who will report to the Members at the next Annual General Meeting. The auditor will hold office until the next Annual Meeting. If an auditor is not appointed, the auditor in office will continue in office until a successor is appointed;
        2. the members may, by special resolution passed by at least two-thirds of the votes cast at a general meeting of which proper notice has been provided, remove any auditor before the expiration of the auditor's term of office;
        3. the auditor will not be a director, officer or employee of the Club or any affiliated Club or who is a partner, employer or employee of any such director, officer or employee;
        4. the auditor will report to the members at the annual general meeting the auditor's financial statement which presents fairly the financial position of the Club and the results of its operations for the period under review in accordance with generally accepted account principles; and
        5. The auditor's report will be open for inspection by any member of the Club.
      6. Club’s membership or Board can agree to upgrade the certification of their statements over the required minimums (i.e. Review or Audit where Notice to Reader is required or Audit where Review is required).
  12. Article 13: DISPUTE RESOLUTION
    1. The League shall adhere to the OSA Policy on Dispute Resolution 12.0.
    2. Any Member of the League may initiate the Dispute Resolution process by communicating in writing to The OSA, with a copy to the League and SOSA, the nature and facts of the dispute. The OSA, at its discretion, may proceed with the Dispute Resolution process by assigning one or more neutral persons to the dispute.
    3. The Dispute Resolution process shall not to be used for game discipline which follows the normal discipline and appeals process.
    4. The League shall make available to any Member the Dispute Resolution process when requested.

       

  13. Article 14: HARASSMENT
    1. The League shall adhere to the OSA Policy on Harassment 13.0 Policy as. The Harassment Policy shall apply to all employees, directors, officers, volunteers, coaches, game officials, administrators, players, Members and registrants of the League.
    2. Harassment is defined as any comment, conduct, or gesture directed toward an individual or group of individuals which is insulting, intimidating, humiliating, malicious, degrading or offensive. It includes, but is not limited to, sexual harassment.
    3. The League shall make available to any Member the Harassment Policy when requested.

       

  14. Article 15: APPEALS
    1. Any Member or registrant of the League directly affected by a decision of the League may appeal such decision. The denial or termination of Membership in the League may be appealed by a non-member.
    2. A decision of the League may be appealed to the District Association with which the League is affiliated. The appeal shall be conducted in accordance with The OSA's and SOSA's published rules.
    3. An individual shall not appeal a decision made by the Executive Committee regarding the appointment, non-appointment, reappointment or revocation of an appointment of an individual to any coach or administrator position within the League's operations, except where the selection, appointment and revocation process outlined in the League's published rules has not been followed. An individual shall not appeal a decision made by the League regarding a player's team assignment.

       

  15. Article 16: DISSOLUTION
    1. In the event of dissolution of the League, and after payment of all debts and liabilities, its remaining property shall be distributed or disposed of by the Executive Committee to one or more not for profit soccer related organizations, or any not for profit athletic community organizations, which operate solely in Ontario.

       

  16. Article 17: DEFINITIONS/TERMINOLOGY
    1. Terminology used in this Constitution shall have the same meaning as used by The OSA in its letters patent, Policies and published rules.

 

Revised and approved April 25, 2013

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