| 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 |