New Jersey District By-Laws

ARTICLE 400
OBJECTIVES, TERRITORY, JURISDICTION, INDEMNIFICATION

400.1 Name. The name of this District will be the NEW JERSEY District.

400.2 Objectives. The objectives of this District are:

400.2.1 To foster and assist in carrying out the mission of the AAU as defined in subsection 500.2 throughout its territory, in accordance with the standards and under the rules prescribed by the Amateur Athletic Union.

400.2.2 To protect and promote the mutual interests of its members.

400.2.3 To provide administrative services to sports oriented groups.

400.2.4 To conduct, or cause to be conducted, sport programs in all approved sports.

400.2.5 To conduct an athlete recognition program for outstanding athletes who also exhibit leadership, high moral character, sportsmanship and the ideals of amateurism.

400.3 Territory. The territory of the District is described in the appendix of the AAU Code. Such territory may be reassigned in total or in part (geographical boundaries may be changed) upon approval by both Districts, or, upon approval by a majority of the Redistricting Committee and the Board of Directors. No District shall be forced to defend its territory more than once every four (4) years. The geographical description of the Districts are as follows: [see page 81] [Rev. 9/98 – Effective 9/13/98]

400.4 Jurisdiction. The District has jurisdiction over the sport activities in its assigned territory as established by the Code as long as the District is chartered by the AAU under regular or temporary charter status.

400.5 Indemnification. The District does hereby save and hold harmless and indemnify the officers and directors of the District to the fullest extent allowed by law while acting reasonably within the scope of their capacity as an officer or director. This indemnification shall be considered to act secondarily and in excess to any coverage afforded to any officer or director under any validly collectible insurance policy from any source.

ARTICLE 401
MEMBERSHIP

401.1 Classes. The membership in an District consists of two (2) classes.

401.1.1 Group. Group members are organizations promoting some branch of amateur sports and are entitled to all rights provided in the Code.

401.1.1.1 Club. A club is any organization or group of permanent character that actively promotes and/or participates in amateur sports or games. If such organization does not have a constitution, it shall operate in accordance with Part IV, District By-Laws, of the AAU Code. If the constitution of such organization is in conflict with any part of the AAU Code, the AAU Code will prevail.

401.1.1.2 Supporting Group. A supporting group is any organization or a group of permanent character that, while not actively participating in, does in fact actively promote amateur sports or games. If such organization does not have a constitution, it shall operate in accordance with Part IV, District By-Laws, of the AAU Code. If the constitution or such organization is in conflict with any part of the AAU Code, the AAU Code will prevail. Such groups shall not be voting members of the District Board of Managers. [Added 9/98 – Effective 9/13/98]

401.1.2 Individual. Individual members consist of life, volunteer and athletic members of the AAU. [Rev. 9/96]

401.2 Qualification and Application. Members join the District by filing a proper application form, tendering the proper fee in accordance with AAU Article 407, meeting the national requirements for club, team or individual membership and being approved by the NJAAU Registration Committee or its designated representative.

401.2.1 Approval A group membership must be approved or disapproved with good cause by the Registration Committee within 30 days from receipt. If action is not taken within 30 days, the application will be considered approved by the Registration Chair. Denials may be appealed to the Registration Committee. Acceptance binds the applicant to abide by the Code, AAU policies, the By-Laws of the District, and all rules and regulations of the District Sport Committee in which the applicant is active, whether the applicant has athlete members or not, and to accept and enforce all decisions relating to such organizations that are made by the District, and the AAU.

401.3 Violations. Subject to the provisions of Article 410, any violation of the Code or rules and regulations of these by-laws by a member renders such member liable to suspension by the District until the next annual or special meeting and to expulsion by a two-thirds vote of the members present at the meeting.

401.4 Responsibilities.

401.4.1 Income. Any income derived from the promotion of any sport by members of the AAU must be used for future promotion of amateur sport, for a tax exempt charitable organization, for the administrative or promotional expenses of the District, or for the general welfare of the promoting organization as a whole.

401.4.2 Infractions. A Group Member may be held responsible for infractions of the rules of the AAU committed by an athlete who is competing as a representative of such organization.

ARTICLE 402
MANAGEMENT

402.1 Board of Managers. The Board of Managers is the governing Board of the District and shall consist of the following representatives who must be eligible to meet all membership requirements of the AAU: [Rev. 9/96].

402.1.1 Group Members.

402.1.1.1 Each group member (Club) which is entitled to vote appoints such representative(s) who are in good standing in its organization to serve on the Board of Managers

402.1.1.2 The appointment of every representative will be in writing, duly certified by the appropriate officer of the group member. [Rev. 9/96]

402.1.1.3 The group member may withdraw by written notice addressed to the District Secretary any or all of its representatives, and substitute a new slate of representatives.

402.1.1.4 Voting Rights. Those new group members who are recognized as being of permanent character shall have representation and those voting rights on the Board of Managers as defined elsewhere. I.e. A group member of non-permanent character shall have voice but no voting rights on the Board of Managers unless specifically provided for by the Board of Managers. [Added 9/96]

402.1.2 Individual Members. Individual members as provided for elsewhere; whose total shall not exceed twenty-five percent (25%) of the total club member (group) vote. An individual member may vote in only one category. [Adopted 9/96]

402.1.2.1 Officers. The elected officers of the District.

402.1.2.2 Chairs. Sport chairs and appointed administrative chairs shall be voting members of the Board as determined by the Board of Manager. An individual may vote in only one category.

402.1.2.3 At-Large. A maximum of five (5) members-at-large appointed by the president, on the basis of one (1) member-at-large to be appointed for every five (5) member clubs, who shall serve until a new Board of Managers is appointed and shall have the same privileges as other members of the Board. All members shall hold office from annual meeting to annual meeting, or until their successors are appointed. A member at-large shall have one vote.

402.1.2.4 Life Member. A life members of the AAU shall have voting privileges as determined by the Board of Managers. [Rev. 9/96]

402.1.2.5 Athlete Member. Athlete members shall have voice but no vote at the Board of Managers meeting. [Added 9/96]

402.1.2.6 Other. Unless otherwise provided for, all other individual members shall have voice but no vote on the Board of Managers and shall be considered non-voting members if in attendance at a Board of Managers meeting.

402.1.3 A member of the Board of Managers is limited to voting for a maximum of two entities (i.e. as a group representative and in an individual capacity, such as a committee chair.)

402.1.4 Duties. The management of the business affairs of the District is the sole responsibility of the Board of Managers. The Board of Managers, in addition to the duties and powers prescribed elsewhere in the Code or in these By-Laws, shall have power and it shall be its duty:

402.1.4.1 To elect officers of the District;

402.1.4.2 To establish the Review Committee;

402.1.4.3 To establish administrative committees;

402.1.4.4 To prepare and review the annual budget of the District;

402.1.4.5 To elect delegates to the Board of Directors of the AAU;

402.1.4.6 To admit eligible members located in the territory of the District who have properly applied and whom it deems proper; [Rev. 9/96]

402.1.4.7 To call regular and special meetings of the District; and

402.1.4.8 To amend the By-Laws of the District. (As provided in 400.4)

402.2 Executive Committee. The Executive Committee is empowered to act for the District and the Board of Managers during the interval between its meetings subject to the approval of the Board, save and except that it cannot amend the By-Laws. The Executive Committee shall be comprised of the following members:

402.2.1 The elected officers of the District;

402.2.2 The elected Chair of each District Sport Committee/s.

402.2.3 The Chair of the Finance Committee and Chair of the Law and Legislation Committee.

ARTICLE 403
OFFICERS

403.1 Titles. The officers are District Governor, District , District Lt. Governor, District Secretary, District Treasurer and District Registrar Committee.  No individual may hold more than one office at the same time, except Secretary/Treasurer, Secretary/Registrar  or Treasurer/Registrar.

403.2 Eligibility. Only members of the Board of Managers are eligible to hold office.

403.3 Term of Office.

          403.3.1 Board of Governors / Executive Board.  Each officer serves for a term of four (4) years or until his successor is
          chosen.  [Rev. 10/01]

          403.3.2 Sport Chairs.  Each officer serves for a term of three years (3) or until his successor is chosen. [Rev. 10/01]]

403.4 Duties. The duties of the officers are as hereafter set forth, and such others as may be designated by the Board of Managers and the Executive Committee from time to time:

403.4.1 District Governor. The Governor calls special meetings where and when deemed necessary, presides at all meetings, appoints committees as required and performs such other duties as pertain to the office of Governor.

403.4.2 District Lt. Governor. The District Lt. Governor shall carry out assignments of the Governor and have the power to act in his absence.

403.4.3 District Secretary. The District Secretary keeps the records of the District, the Board of Managers, and the Executive Committee, conducts all official correspondence, issues notice of all meetings of the District, keeps complete record of all athletic events held under the auspices of the District, and performs such other duties as may be prescribed by the Code and the By-Laws.

403.4.4 District Treasurer. The District Treasurer:

403.4.4.1 Receives all the monies of the District and pays all bills of the District.

403.4.4.2 Whenever required by the Board of Managers, Executive Committee or Finance Committee, submits and turns over to the Committee or the Executive Committee, all monies, accounts, books, papers, vouchers and records, including bank and check books, appertaining to his office, and turns over the same to his successor when elected. He is bonded (at the expense of the District) for an amount to be designated by the Executive Committee but not less than Twenty-Five Thousand Dollars ($25,000).

403.4.5 District Registrar

403.4.5.1 Responsible for proper registration of athletes within the District and submits all funds to the association Treasurer.

403.4.5.2 Responsible for proper issuance of sanctions within the District and notification of each sanction to the proper sports chairman and the District Governor and for the proper issuance of all group memberships and related papers to the proper contact persons. Submits all funds received to the District Treasurer. [Rev. 9/96]

403.4.6 Vacancies. In the event of a vacancy occurring in an elected office, the Executive Committee may approve a temporary filling of the position until the next Board of Managers meeting, where an election will take place.

ARTICLE 404
MEETINGS

404.1 Annual and Regular. The annual meeting of the Board of Managers shall be held during the month of May or June of each year as determined by the Board of Managers to be established one (1) year in advance. The Board of Managers or the Executive Committee shall meet twice a year and at such other times as it may designate. [Rev. 9/97]

If the annual meeting minutes do not reflect the date of the next annual meeting, the date shall be the first Saturday or Sunday in June. [Rev. 9/97]

404.2 Special. The Board of Managers and the Executive Committee shall meet specially upon the call of the President or upon the written request of one third (1/3) of their respective membership.

404.3 Mail Voting. In the interval between annual meetings of the Board of Managers, any action that might be lawfully taken at a special meeting may be so taken by mail or facsimile vote, provided that where the By-Laws require a majority vote, the vote must be a two-thirds (2/3) vote of all members of the District voting, and, provided further, that such mail or facsimile vote shall be taken by the Secretary only and the ballots of each member must be preserved in his files for one year.

404.4 Notices.

404.4.1 Time. Not less than fifteen (15) days or more than 60 days’ notice is given by the Secretary for any Annual or Special meetings of the Board of Managers and the Executive Committee.

404.4.2 Information. The notice of a meeting shall contain the time, date, and site. For special meetings, the purpose shall be given.

404.4.3 Addresses. The notice shall be sent to the address last given to the Secretary by each member of the Board of Managers or the Executive Committee.

404.5 Order of Business. At all meetings of the Board of Managers, the Executive Committee and Registration Committee the following is the order of business:

404.5.1 Roll Call

404.5.2 Reading, correction and adoption of minutes of preceding meeting.

404.5.3 Reports of Officers.

404.5.4 Reports of Committees.

404.5.5 Unfinished Business.

404.5.6 The regular Election of Officers, Registration Chair, Review Committee, delegates and alternates to the AAU Board of Directors and other elective positions at the annual meeting only.

404.5.7 New Business.

404.5.8 Resolutions and Orders.

404.5.9 Adjournment.

404.6 Quorum. At all meetings of the Board of Managers, a quorum shall consist of delegates from at least five (5) member clubs or five percent (5%) of the group members, whichever is less. At all meetings of the Executive Committee, a quorum shall consist of twenty percent (20%) of its members. There shall be no voting by proxy.

404.7 Rules of Order. At all meetings, the current Robert’s Rules of Order are the procedural rules.

404.8 Voting. A member of the Board of Managers is limited to voting for a maximum of two entities (i.e., as a group representative and in an individual capacity, such as a committee chair)

ARTICLE 405
COMMITTEES

405.1 Types. The following are the types of District Committees:

405.1.1 Administrative.

405.1.2 Sport Program.

405.1.3 Special.

405.2 Duties. The duties of the Committees are as hereafter set forth, and such other duties as may be assigned by the Governor, the Board of Managers and the Executive Committee from time to time. [Added 9/96]

405.3 Appointment.

405.3.1 Standing Administrative. The Governor of the District appoints the members of said committees consistent with these By-Laws.

405.3.2 Standing Sport. Committees normally will be the same as those in the Union.

405.3.2.1 Each District group member appoints one (1) member to each sport program committee for the sport(s) declared on its membership application in which it has registered athletes or hosts competition sanctioned by the AAU, and other members of the committee are appointed as provided in each sport’s committee rules. [Effective Immediately - Rev. 9/00]

405.3.2.2 A minimum of one (1) representative of the current participating athletes in an adult sport in the association shall be named as a regular member of that sport program committee by the chairman.

405.3.2.3 Each local Sport Program Committee may establish a Review Committee, comprised of no less than five (5) members. If possible, one (1) member shall be an attorney currently active in the practice of law, who shall conduct its disciplinary hearings. If no one (1) member is an attorney, all such hearings may nevertheless be conducted by an attorney, retained by the Review Committee for such purpose, and who shall have no vote. the Chair of the Review Section shall be elected by its membership. The duties of the Review Section shall be as stated in the By-laws Paragraph 405.3.5.2.3.

405.3.2.4 Annual Meeting. The annual meeting of such Sport Committees will be held under the following guidelines: [Added 9/96]

405.3.2.4.1 The District Executive Committee will schedule the date of the Sport Committee meeting. [Added 9/96]

405.3.2.4.2 The determination for electing a Chair will be based on the number of active clubs in that sport, thirty (30)days prior to the scheduled annual meeting for a particular sport. [Added 9/96]

405.3.2.4.3 The call for the meeting will be sent out by the District Secretary to all member clubs for a particular sport. [Added 9/96]

405.3.2.4.4 The Chair of the Sport Committee takes office upon election or upon appointment. [Added 9/96]

405.3.2.4.5 Five member clubs of a particular sport must be present to elect a Chair, otherwise the Chair will be appointed by the President. [Added 9/96]

          405.4 Administrative. The standing administrative committees of an District are:

405.4.1 Finance, whose duties are to audit and examine the accounts of the Treasurer, and make its report to the Executive Committee annually. The Committee will also at other times, when requested by the Board, make an examination of the accounts of the Treasurer, and report to the Board thereon, at its annual meeting and may in such case require the Treasurer to turn over to it all monies, accounts, books, papers, vouchers and records pertaining to his office. In addition, the Committee shall prepare an annual budget and submit it to the Executive Committee or the Board of Managers for approval. [Rev. 9/96]

405.4.2 Law and Legislation, whose duties are to consider and present in proper form for action all proposed amendments to the Code or the District By-Laws and may make recommendations on such amendments.

405.4.3 Membership. Shall include members from all areas of the District whose duties are to promote membership of amateur sports organizations within their area and shall assist such organizations in making application. [Adopted 9/97]

405.4.4 Registration.

405.4.4.1 Make-up. The Committee is comprised of one elected or appointed representative from each participating District Sport Committee or an established number and representative group as provided for in the By-Laws by the Board and elected by the Board and up to five (5) at-large members appointed by the President.

405.4.4.1.1 Chair The Chair shall be elected by the Board of Managers. The Registration Committee Chair chairs the committee that develops, reviews, and coordinates the procedures and other administrative functions of membership/registration within the District.

405.4.4.2 Duties of the Registration Committee. The duties are to:

405.4.4.2.1 Develop, review and coordinate procedures for administering District memberships and registrations to conform with national procedures and requirements;

405.4.4.2.2 Receive, examine and decide upon all applications for registrations, transfers and releases as outlined in Articles 302 and 303 of the Code;

405.4.4.2.3 Grants, withholds and withdraws sanctions for athletic events (as outlined in Article 301) after receiving input from the respective District Sport Committee Chair.

405.4.4.2.4 Collect all fees and/or service charges (in advance) from applicants, as provided in the Code and remits all to the District Treasurer.

405.4.4.3 Athletic Commissioners. Upon recommendation of the Registration Committee, the Governor may appoint Athletic Commissioners, each of whom has allotted to him or her territory within the District, and whose duties shall be such as defined by the Governor and by the Chair
with the power to grant cards of registration and to pass upon memberships and recommend approval of sanctions with the advice of the respective Sports Chair.

405.4.5 Review

405.4.5.1 Make-Up. No fewer than five (5) members of the Review Committee shall be elected by the Board of Managers at the Annual Meeting, no more than two (2) of whom shall be from the same sport. If possible, one (1) member shall be an attorney at law currently active in the practice of law, who shall conduct its disciplinary hearings. If no one (1) member is an attorney, all such hearings may nevertheless be conducted by an attorney at law retained by the Review Committee for such purpose and who shall have no vote. The Chair of the Review Committee shall be appointed by the President from among the elected committee members.

405.4.5.2 Duties.

405.4.5.2.1 The Review Committee is responsible for investigating, reviewing and holding, when necessary, hearings concerning formal complaints of violations of any part of the Code or the District By-Laws that are issued to it by any member of the District Board of Managers.

405.4.5.2.2 Disciplinary procedures to be followed concerning any formal complaint and any related hearing are outlined in Part V of the NJ AAU Code.

405.4.5.2.3 The Review Committee may delegate such of its designated authority and duty to an District Chair as it deems prudent, but always subject to the aggrieved party’s right of review and final adjudication by the Review Committee.

405.4.6 Youth Sports shall include the chairs of all District sports committees whose duties are to oversee and coordinate youth sports within the District and promote inactive sports. [Rev. 9/97]

405.5 Nominations and Elections. Nominations and Elections Committee shall include a minimum of three (3) and a maximum of five (5) members, elected by the Board of Managers, charged with nominating a slate of officers to be submitted at the Annual Meeting. The chair shall be appointed by the president from among the members. [Adopted 9/97]

405.6 Chairs.

405.6.1 Standing Administrative and Special Committees.

405.6.1.1 Appointment. The Governor of the District appoints the chairs of these committees annually in accordance with the AAU Code, except the Registration Chair, who will be elected by the Board of Managers.

405.6.1.2 Duties. The duties of the Chair are as follows:

405.6.1.2.1 Presides at all meetings of the committee.

405.6.1.2.2 Sees that all duties and responsibilities of the committee are properly and promptly carried out.

405.6.1.2.3 Appoints such sub-committees as may be necessary to fulfill the duties and responsibilities of the committee.

405.6.1.2.4 Communicates with the Committee members to keep them fully informed of happenings and needed decisions to carry out the committee’s responsibilities.

405.6.1.2.5 Keeps the Governor and the Secretary informed of committee action and recommendations.

405.6.1.2.6 Forwards a copy of the minutes of all meetings to the Secretary of the District.

405.6.2 Sports Program Committees.

405.6.2.1 Appointment. Where there are not five (5) or more member clubs in the District which have athletes actively participating in the sport, the Chair shall be appointed by the Governor with the advice of the National Chair of the appropriate sports committee if applicable. If an District Sport Chair shows no activity in his/her specific sport for that specific sports season, the National Sport Chair of that specific sport may appoint a new District Sports Chair, after consultation with the District Governor. If an District Governor does not appoint an association Sport Chair, the specific sport National Sport Chair may appoint the District Sport Chair. [Rev. 9/96]

405.6.2.2 Duties. The Chair shall perform those duties set forth in the rules of the respective District Sport Committee and see that the Committee has written rules and procedures of operation that are available to members and on file with the District Secretary.  All Tournaments fees will be turned into Treasurer and records kept.  Receipts sent in so debits can be paid.  Sport Chair shall determine how monies will be spent.  [Rev. 9/91]

            405.7 Special. The Governor appoints such other committees as he deems in the best interests of the District or as
                     directed by the Board of Managers.

            405.8 Voting. Each member of an Administrative and Sport Committee shall have one vote. There shall be no voting by
                     proxy.

            405.9 Quorum. A quorum of a meeting of an Administrative or Sport Committee consists of those voting members present
                     except as specified otherwise. (I.e. By-Law 405.3.2.4.5). [Rev. 9/96]

            405.10 Vacancies. Any vacancy occurring on an Administrative Committee shall be filled by the Governor. Any vacancy
                       occurring on a Sports Committee shall be filled in accordance with the rules of the respective District Sport
                       Committee.

           405.11 Removal. An appointed chair may be removed by the Governor. [Rev. 9/97]

ARTICLE 406
CHAMPIONSHIPS

          406.1 General. The District holds annually such championships as deemed best by the Board of Managers. District
                    Sport Committees are in charge of the respective District championships. AAU Sports Programs may consist of a
                    series of preliminary or developmental meets which must be referred to as such.

406.1.1 Districts are restricted to one championship competition per age division in each approved sport except where
          permitted by the National Sport Committee. [Rev. 9/98 -Effective 9/13/98]

406.1.2 District Championship participation shall be open to any member athlete, team, or club (as appropriate) who fulfills the normal entry requirements in each Championship; however the District Sport Committee may not establish special criteria which requires participation, special fees or other specific requirements beyond the guidelines and regulations from the National AAU. [Added 9/98 – Effective 9/13/98]

406.1.3 Champions resulting from such competition shall have the right to advance to Regional and/or National Championships. In reference to the above, athletes within the District may compete in only one such state championship, per sport, within the District.

406.2 Entry Blank. No entry blank for any event of an association shall be distributed until approved by the Chair of the District Sport Committee of the sport concerned and/or the registration chairman.

ARTICLE 407
FEES AND DUES

407.1 Group Member.

407.1.1 Club. Every group member pays annually to the Treasurer dues as established by the Board of Managers for the coming year, which shall not exceed the maximum established by the National AAU. Districts may not assess additional service charges or fees to youth clubs. [Rev. 9/96]

407.2 Athlete, Coach and Volunteer Registrations. Each member pays to the Registration Committee an annual registration fee established by the National AAU. [Rev. 9/96]

407.2.1 Fees. The fee retained by the local District will be prescribed by the National AAU. [Added 9/96]

407.3 Sanction Fees.

407.3.1 The Registration Committee will collect (in advance) a fee as established by the AAU for the granting of a sanction for the conduct of a competition, exhibition or demonstration. Fees will not exceed those established by the Union.

407.3.2 In addition, the District may establish a reasonable service charge not to exceed 10% of the total sanction fee consistent with the nature of the event and which must be a flat amount. This service charge shall remain the property of the local association. [Rev. 9/98 - Effective 9/13/98]

407.4 Failure to Pay. The failure of a member to pay such dues or fees within the time prescribed prevents representation and vote by the delinquent member at any meeting of the District or the District Sport Committee. Continued failure to pay such dues or fees is cause for termination of membership.

407.5 Use of Funds. District receipts from all sources are devoted to paying costs of District management and services.

ARTICLE 408
REPORTS AND REMITTANCES

408.1 General. The District makes such reports and remittances to the AAU as specified in the Code or by the Board of Directors. The Governor and Secretary of the District are responsible for seeing that these reports and remittances are made.

408.2 Minutes. The secretary must, within thirty (30) days after each meeting of the District, mail to the Secretary of the AAU a copy of the minutes of said meeting with an attached list of attendees.

408.3 Notices. The Secretary must forward to the Secretary of the AAU copies of the annual meeting notice issued from his office, at the time of such issue, including all those sent to the members of the Board of Managers and Executive Committee as well as to the club members of the District.

408.4 Annual Reports. The Secretary shall also forward a copy of the District Financial Statements (at minimum a compilation of the financial statements of the association), along with a complete report of the proceedings of the annual meeting of the District with an attached list of attendees, within thirty (30) days after the annual meeting. The compilation of association financial statements is to be signed either by an independent licensed public accountant, or a CPA. The Secretary shall also forward a copy of any IRS 990 return filed. Any District unable to meet the requirement of 408.4 for a compilation may petition the chair of finance for relief; furthermore, upon direction of the Finance Committee, the AAU may authorize a compilation, review, or audit at the expense of the AAU.

ARTICLE 409
REMOVAL PROCEDURES

409.1 Removal. An elected officer may be removed by a 2/3 vote of the Board of Managers. At least 15 days written notice must be given to every member of the Board before any vote may be taken. An elected Sport Chair may be removed by a 2/3 vote of the Sport Committee or by 2/3 of the Board of Managers. At least 15 days written notice must be given to every member of the Sport Committee before any vote may be taken. [Added 9/97]

ARTICLE 410
MISCELLANEOUS

410.1 Amendments to By-Laws.

410.1.1 Any provision of these by-laws which an District is permitted to amend may be amended at any meeting of the Board of Managers by a two-thirds (2/3) vote of the members present, or if by mail vote by a two-thirds (2/3) vote of the members voting. At least fifteen (15) days’ notice must be given to every member of the Board of the proposed amendment.

410.2 Dissolution. Upon dissolution, the net assets of an District will not inure to the benefit of any private shareholder, individual or corporation, but will be distributed to the Amateur Athletic Union of the United States, to be used exclusively for educational or charitable purposes, so if the Amateur Athletic Union of the United States is not then in existence, such assets of the District shall be distributed to another organization operated exclusively for charitable or educational purpose.

ARTICLE 500
APPLICABILITY

500.1 Part V shall be applicable to District and National matters, to both Members and Districts. [Added 9/97]

500.2 Bill of Rights. The AAU, in accordance with this Article, shall respect and protect the rights of every member of the AAU. [Added 9/97]

500.2.1 Hearings may be held in regard to alleged offenses concerning members and/of Districts. [Added 9/97, Rev. 9/98]

500.2.2 Any hearings concerning an District will be held before (a quorum of) the entire Board of Review. Such hearings may be formal hearings or emergency hearings the declaration of same to be set herein in the Notice for any such hearings. [Added 9/98]

500.2.2.1 In regard to hearing(s) for one or more members of the AAU, a member of the National Board of Review, may sit as Hearing Examiner and in such capacity, after a proper hearing (which may be formal or emergency), may censure, disqualify, suspend for a definite or indefinite period of time, or expel any member of an(y) District, including any athlete or coach, official, member of any committee, delegate, or any person participating in any capacity whatsoever in the affairs of the District of the AAU, who is found to have violated the AAU Code, policy statements, or District By-Laws. [Added 9/97, Rev. 9/98]

500.2.2.2 Emergency Hearings. Emergency hearings involve situations in which an immediate decision must be made. Notice must be in writing, but the time factors regarding same will be as is determined to be reasonable by the entity conducting the hearing. Emergency hearings shall be so designated in the notice of hearing. [Added 9/97]

500.2.2.2.1 When authorized by the applicable sport rules, the Sports Chairperson, or his designee, or if none, the tournament director may hear emergency hearing(s) only. After such proper hearing, such person may censure, disqualify, suspend for a definite or indefinite period of time, or expel any member of the District, including any athlete or coach, official, member of any committee, delegate, or any person participating in any capacity whatsoever in the affairs of the District or the AAU, who violated the AAU Code, Policy Statements or District By-Laws. [Added 9/97, Rev. 9/98]

500.2.2.3 Attendance. Attendance at any hearing(s) shall constitute waiver of formal notice. [Added 9/97]

500.2.2.4 Formal hearings against one or more (individual) members of the AAU in regard to a complaint concerning a matter at the District level may be held by the Review Committee. [Rev. 9/98 Effective 9/13/98]

500.2.2.5 Formal hearings not held by the District Review Committee will be held by one ore more members of the National Board of Review.  The Chair of the National Board of Review may assign cases to individual members of the Board, sitting as Hearing Examiner(s).  Any such cases may be heard by any member of the Board of Review from any Zone other than: 1) that in which the site of the competition of the alleged offense occurred; 2) the residence of the alleged offender. [Added 9/97]

500.3 Charges against one or more (individual) members of the AAU in regard to a complaint concerning a matter at the District level may be held by the Review Committee. If the District Review Committee does not act within ninety (90) days, the hearing may be held by one or more members of the National Board of Review. The Chair of the National Board of Review may assign cases to individual members of the Board, sitting as Hearing Examiner(s). Any such cases may be heard by any member of the Board of Review from any Zone other than: 1) that in which the site of the competition of the alleged offense occurred; 2) the residence of the alleged offender. [Added 09/97, Rev. 9/99 - Effective 9/26/99]

500.3.1 Any person or entity charged shall be notified of the charge, as provided by Section 510.1.7.2.1 of this Code. [Added 9/97, Rev. 9/99 - Effective 9/26/99]

500.3.1.1 Statement of Charges. The written statement of charges shall set out penalties, which may ensue if such charges are proved. The statement shall contain the date at which time a hearing will be had with the request that the person or District charged shall make an appearance before the hearing entity, and the right to have counsel at the hearing. The minimum notice period shall be 20 days from the date of notice, unless the Chair of the hearing body sets an emergency or expedited hearing as provided in this article. The person or District charged shall answer or caused to be answered, in writing to the Chair of the Review Committee or to the Chair of the National Board of Review (if the matter is to be heard by a Hearing Examiner or the National Board of Review), all charges set forth with answers to be delivered at least ten (10) days prior to the date of the hearing. If no response/answer is received, the charges in the complaint may be deemed admitted, and a decision may be entered. Failure to so respond/answer shall constitute a waiver or right of the hearing by respondent. The statement shall also set forth the right of appeal. The decision will be rendered at the time of the hearing, or as soon as practicable thereafter. [Added 9/97, Rev. 9/98 & 9/99 - Effective 9/26/99]

500.4 Evidence presented at Hearings. In all hearings, the rules of evidence usually applicable to administrative hearings shall prevail. [Added 9/97]

 

Approved: May 12, 2003 Signed: Robert McGowan, President