New Jersey District By-Laws
The name of this District will be the New Jersey District.
OBJECTIVES
The objectives of this District are:
To foster and assist in carrying out the mission of the AAU as defined in AAU Code Book, in accordance with the standards and under the rules prescribed by the Amateur Athletic Union.
To protect and promote the mutual interests of its members. to provide administrative services to sports oriented groups.
To conduct, or cause to be conducted, sport programs in all approved sports.
To conduct an athlete recognition program for outstanding athletes who also exhibit leadership, high moral character, sportsmanship and the ideals of amateurism.
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 New Jersey District is 8.5.27 of the National Bylaws reads as followed: New Jersey (Orginized April 21, 1930) - State of New Jersey north and including Hudson, Mercer and Monmouth counties.
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.
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.
MEMBERSHIP
Membership - AAU is a privilege granted by the AAU. Is is not a right. The AAU at its sole discretion reserves the right to accept or reject any applicant(s) for membership.
Fraud - The falsification of the truth for the purpose of participation in any competition, or acts of deceit, misrepresentation, concealment, or a misstatement of fact or intention.
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.
CHAMPIONSHIPS
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 seies of preliminary or developmental meets which must be referred to as such.
Districts are restricted to one championship competition per age division in each approved sport except where permitted by the National Sport Committee.
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.
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.
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.
FEES AND DUES
Athlete, Coach and Volunteer Registrations - Each member pays online annual registration fee established by the National AAU.
Event Fees - 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.
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.
Failure to Pay - The failure of a member to pay 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 fees is cause for termination of membership.
REPORTS AND REMITTANCES
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.
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.
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.
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 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.
REMOVAL PROCEDURES
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.
MISCELLANEOUS
Amendments to By-Laws - 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.
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.
APPLICABILITY
Part V shall be applicable to District and National matters, to both Members and Districts.
Bill of Rights - The AAU, in accordance with this Article, shall respect and protect the rights of every member of the AAU.
Hearings - may be held in regard to alleged offenses concerning members and/of Districts.
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.
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.
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.
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.
Attendance - Attendance at any hearing(s) shall constitute waiver of formal notice.
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.
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.
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.
Any person or entity charged shall be notified of the charge.
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.
Evidence presented at Hearings. In all hearings, the rules of evidence usually applicable to administrative hearings shall prevail.
Approved: May 12, 2014