ARTICLE I - NAME AND PURPOSE
Section 1 - Name and
Organization
A. This
organization shall be known as the Pottstown Penguins Youth Hockey, Inc.,
hereinafter referred to as the Club.
B. The
Club is a legally registered, non-profit organization and shall operate as
such.
Section 2 - Address
A. The
location and principal address of the organization shall be that as printed on
the official letterhead of the Club.
Section 3 - Purpose
The purpose of the
organization shall include the following:
A. To
promote, provide, encourage, and develop youth hockey in accordance with the
goals and objectives of the Pottstown Penguins Constitution and Bylaws, as
governed by the Delaware Valley Hockey League and USA Hockey.
ARTICLE II - MEMBERSHIP
Section 1 - Members
A. In
addition to the duly elected and appointed officers and members of the Board of
Directors, the membership of this organization shall be compromised of the
following:
1. Duly
registered and insured coaches and players for the current season; and
2. Parents
and/or legal guardians of the above players.
B. Suspension
or Forfeiture - Such membership shall be subject to suspension or forfeiture in
the event of a failure to comply with any of the requirements of the Bylaws or
decisions of the Board of Directors of this organization, as hereinafter
provided.
C. Expense
Reimbursement - Any member violating the Bylaws or decisions of the Board of
Directors of this organization, which violation causes this organization to
incur expenses, shall be liable to this organization for the full amount of
such expenses or part thereof as shall be determined to be reasonable by the
Executive Committee of this organization.
The member shall be suspended until all such expenses are paid in full.
D. Rejection
- The Board of Directors reserves the right to refuse any membership as defined
by the Club Bylaws.
E. The
Club will not refuse any application based on race, religion, or gender.
ARTICLE III - BOARD OF
DIRECTORS
Section 1 - Organization
A. The
Board of Directors shall consist of the Executive Committee, Past-President,
Ace Coordinator, Team Representatives, Head Coaches, and Equipment Manager.
B. The
Executive Committee shall consist of the elected Officers and shall be
responsible for executing the policies initiated by the Board of Directors.
C. The
officers shall be the President, First Vice-President, Second Vice-President,
Treasurer, and Secretary.
Section 2 - Election
A. The
Officers shall be elected to office by a simple majority vote by the adult
membership at the Annual Banquet or by proxy.
B. Any
candidate for office must notify the President, in writing, by March 31st.
C. The
President will present a list of all candidates for upcoming vacancies to the
Board of Directors at the regular Board meeting, prior to the year end banquet.
D. The
offices shall be elected to two (2) year terms commencing at the conclusion of
the annual meeting at which they are elected and terminating at the end of the
meeting at which they stand for election or re-election. The exception will be any positions
that become open as a result of resignation or removal by the Board.
E. The
President, Second Vice-President and Secretary will be elected to office in
even-numbered years. The First
Vice-President and Treasurer will be elected to office in odd-numbered years.
F. No
officer of the Club may serve in any coaching capacity for any team within the
Club within the same season. The
Initiation program is not a team and therefore is exempt from this rule.
G. Appointments:
1. Head
coaches for the upcoming season shall be appointed by the March Board meeting.
2. Team
representatives shall be appointed by the August Board Meeting.
3. The
terms for all coaches and board appointees shall expire following the March Board
meeting.
H. No
person shall serve on the Executive Committee until having been a member of the
organization for a least one (1) full season prior to the election.
Section 3 - Succession
A. Should
the President be unable to complete or assume his/her term of office, the First
Vice-President will assume the office for the duration of the term.
B. Should
any other Officer be unable to complete or assume his/her term of office, an
election will be held by the Board of Directors for a replacement.
C. Inappropriate
behavior or actions unbecoming of an Officer or member of the Board of
Directors is cause for removal of said Officer or member from the Board of
Directors upon a two-thirds (2/3) majority vote by the Board.
1. In
the event that a motion to dismiss is made and seconded, the Board will review
the behavior and/or action in question, which may include testimony by
individuals outside the Board.
2. The
Office in question will be given the opportunity to address the charges against
him/her prior to the Board voting on the motion to dismiss.
D. In
the event of the resignation of a Board member, the Executive Committee must be
made aware of the resignation immediately and provided with any related
correspondence.
E. Any
changes to members of the Board will be communicated to the membership in a
timely manner.
Section 4 - Duties &
Responsibilities
A. The
members of the Board of Directors shall:
1. Represent
the Club in a manner that reflects the highest integrity and respect.
2. Hold
all matters discussed among the Board, such as player & parent issues and
matters pertaining to the Club, as confidential.
3. Sign
a Board of Directors Code of Conduct.
B. The
president shall:
1. Preside
over all regularly scheduled meetings and special meetings scheduled at his/her
discretion ore requested by three or more Board members.
2. Appoint
the Scheduler, Equipment Manager, Ace Coordinator, Sr. Team Representative, and
Committee chairpersons, upon approval by the majority of the Board.
3. Attend
all league meetings or delegating another Club representative in her/her
absence.
4. Determine
issues not covered by this Constitution until a subsequent determination is
made by the Board of Directors.
5. Be
responsible for enforcing the Constitution.
6. Form
committees and appoint committee members, as deemed necessary.
7. Serve
on committees, as required. The
president cannot serve as the head of a committee. He/she may only serve in a support capacity.
C. The
First Vice-President shall be responsible for:
1. In
the absence of the President, assuming the duties of the President.
2. Serving
on the Budget Committee and other committees, as required.
3. The
overall coordination of the yearly Club registration.
4. Providing
for the continuance of coverage under the general liability insurance policy
maintained by USA Hockey and to obtain additional insurance coverages as deemed
necessary by the Executive Committee.
Any such additional coverage will be at the expense of the Club and
shall name USA Hockey as an additional insured thereunder.
D. The
Second Vice-President shall be responsible for:
1. Assuming
the duties of the President in the absence of the President and First
Vice-President.
2. The
promotion and coordination of all activities associated with the Initiation and
Cross Ice Programs.
3.
Serving on committees,
as required.
E. The
Treasurer shall be responsible for:
1. Managing
all Club finances, including but not limited to
2. Collecting
all funds due the Club; and
3. Paying
all expenses incurred by the Club;
4. Preparing
and submitting a monthly financial report to the Executive Committee.
5. Chair
the Budget committee.
6. Maintaining
in full force and effect at all times directors’ and officers’
liability insurance, with USA Hockey named as an additional insured thereunder.
7. Filing
all necessary federal, state and local government forms to maintain the tax
exempt status of this organization.
8. Submitting
for approval to the Board of Directors and Officers at the April Board meeting
a preliminary budget for the upcoming year, which includes all anticipated
expenditures of the Club in its entirety.
F. The
Secretary shall be responsible for:
1. Appropriately
advising the Officers, members of the Board, and the membership of meetings and
other important information.
2. Preparing,
publishing and maintaining the Minutes of the Annual Meeting and all other
Board of Director meetings.
a. Meeting
minutes shall be distributed to all Board members within two (2) weeks of all
Board of Director meetings.
3. Preparing
all business correspondence.
4. The
retention of all meeting minutes, business correspondence and other formal Club
documentation.
5. Oversee
the annual distribution of copies of the latest DVHL Constitution and bylaws,
and all amendments thereto.
6. Serve
on the Marketing and Communications committee.
7. Maintain
a master schedule of all season milestones and keep the Board informed of all
upcoming activities and deadlines.
G. The
Board of Directors will be responsible for:
1. The
approval/disapproval of:
a. All
expenses incurred by the Club.
b. All
appointments and recommendations made by the President.
c. All
other matters that are brought before the Board for a vote.
2. Acting
upon any temporary ruling by the President or emergencies not provided for in
the Constitution.
3. Creating,
amending or revising the Club Bylaws.
4. Hearing
and ruling on any recommendations by or matters regarding the committees.
5. Evaluating
and recommending to the Membership any proposed changes to the Constitution.
H. The
Ace Coordinator shall be responsible for:
1. Overseeing
all activities and actions of the team coaches and ensuring the betterment and
improvement of each player’s skills.
2. Enforcing
League and Club policies, the Constitution of the Club, and the coaches and
players Code of Conduct.
3. Developing
and enforcing an overall coaching philosophy and coaching plan. This includes dry land, as well as
on-ice training.
4. Holding,
at a minimum, monthly meetings with the coaching staff.
5. Chair
the Coaching Committee.
6. Working
in conjunction with the Team Representatives in addressing any Parent/Coach or
Player/Coach issues.
I. The
Team Representative shall be responsible for:
1. Maintaining
communications between the Club and coaching staff regarding the development of
their children.
2. Enforcing
League and Club policies, the Constitution of the Club, and the Parents Code of
Conduct.
3. Working
the Head of Coaching to resolve and Parent/Coach or Player/Coach problems.
4. Ensuring
that the concerns of the players and parents always have a voice.
5. All
other duties outlined in the Club Bylaws.
6. The
appointed senior Team Representative will be responsible for:
a. Holding
meetings with the other Team Representatives, as required.
b. Providing
direction and assistance to the other Team Representatives.
Section 5 - Meetings
A. General:
1. The
Board shall meet on a monthly basis throughout the year. There will be three (3) open Board
meetings wherein the general membership will be invited to attend. These board meetings are to be held in
June, September and December.
2. Special
Board meetings will be scheduled by the President at his/her discretion or as
requested by three (3) or more Board members.
a. All
Board members will be given at least 24 hours notice of all special meetings or
the rescheduling or regular meetings.
b. If,
for any reason, a meeting has not been scheduled by the President within two
(2) weeks after being requested in writing by three (3) or more Board members,
a meeting may be called by the First Vice-President, which shall be legal and constitutional.
3. It
is at the discretion of the President to hold meetings other than the mandated
monthly scheduled meetings, with the Executive Committee regarding matters of
the Club. Should a meeting take
place it is the responsibility of the President to put forth the outcome of the
meeting to the Board of Directors at the next scheduled Board Meeting.
4. Meetings
will be presided over by the most senior Officer in attendance. The order of seniority shall be
President, First Vice-President, Second Vice-President, Treasurer, Secretary.
5. Meeting
Minutes will be issued to all Board members within two (2) weeks of the
meeting.
B. Quorum
1. A
quorum for any regular or special Board meeting will require the attendance of
at least one-half (½) of the Board and at least three (3) Officers.
C. Voting:
1. A
majority vote is necessary in all matters voted upon the Board.
2. The
following Officers and members of the Board of Directors will receive one (1)
vote in all matters regardless of the number of positions held on the Board:
a) President
(only in the event of a tie vote)
b) First
Vice-President
c)
Second Vice-President
d) Treasurer
e) Secretary
f) Ace
Coordinator
g) Head
Coaches
h) Team
Representatives
i) Equipment
Manager
j) Past
President
3. Officers
and members of the Board of Directors must be present to vote. There will be no voting by proxy.
4. The
President, or the presiding Officer, shall vote only in the event of a tie.
ARTICLE IV - COMMITTEES
Section 1 - General
A. The
following shall be permanent committees, each headed by a chairman, appointed
by the President and approved by a majority of the Board.
1. Coaching
Committee, chaired by the Ace Coordinator;
2. Budget
Committee, chaired by the Treasurer;
3. Marketing
and Communications Committee, chaired by the Secretary;
4. Fundraising
Committee, chaired by the First Vice-President; and
5. Disciplinary
Committee, chaired by the Second Vice-President.
Section 2 - Duties and
Responsibilities of Committees
A. Coaching
Committee
1. The
Coaching Committee shall consist of the Chairperson and at least two (2) other
Club members appointed by the Board of Directors.
2. The
Committee will be responsible for:
a. Establishing
rules of conduct for the coaches;
b. Evaluating
the technical skills of the team and reviewing the conduct of the players and
coaches;
c. Holding
periodic meetings with all coaches, establishing the skill levels for different
age levels, and recommending different clinics and seminars available to the
coaches;
d. Viewing
at least one practice each month and periodically watching the games of each
team;
e. Investigating
any infraction of rules misconduct and recommending a course of action to the
Board.
f. Conducting
yearly reviews with the coaching staff.
g. Meeting
with each head coach, individually, and reviewing their strengths and
weaknesses and recommend actions, drills, etc. that the Coach can use to
improve his/her team;
h. Interviewing
all prospective coaches interested in joining the Club;
i. Evaluating
and recommending to the Board all applicants to Head Coaching positions for the
following season;
j. Coordinating
and overseeing player evaluations.
B. Budget
Committee
1. The
Budget Committee shall consist of the Chairperson, the First Vice-President and
at least two (2) other Club members appointed by the Board of Directors.
2. The
Committee will be responsible for:
a. presenting
in writing a proposed budget for the following season at the April meeting
which shall include all projected income, expenses and a proposed registration
fee.
C. Marketing
and Communications Committee
1. The
Marketing and Communications Committee shall consist of the Chairperson and at
least two (2) other Club members appointed by the Board of Directors.
2. The
Chairperson will be responsible for:
a. All
publicity releases to local newspapers, etc. No other Club member shall have the authority to release
Club information to any media source unless specifically approved by the Board.
3. The
Committee will be responsible for:
a. the
creation and dissemination of a periodic newsletter to be distributed to Club
members;
b. the
development of a marketing plan to be approved by the Board.
D. Fundraising
Committee
1. The
Fundraising Committee shall consist of the Chairperson and one (1)
representative from each team.
2. The
Committee will be responsible for:
a. submitting
proposed fundraisers to the Board for approval. This will be coordinated with the Budget Committee to assist
in the budget preparation;
b. for
recommending, organizing, and conducting all fundraising activities;
c. submitting
in writing to the Treasurer a profit & loss statement at the end of each
fundraising activity.
E. Disciplinary
Committee
1. The
Disciplinary Committee shall consist of the Chairperson and at least two (2)
other Club members appointed by the Board of Directors.
2. The
Committee will be responsible for:
a. All
matters pertaining to conduct, deportment and behavior of its officials,
coaches, parents, and players;
b. Determining
the necessary disciplinary action to be invoked;
c. Issuing
notice of such decisions to the Board of Directors and to the respective
individuals involved.
ARTICLE V - THE
CONSTITUTION AND AMENDMENTS
Section I - General
A. Once
ratified by a simple majority vote of the Board, this Constitution will stand
as written. All later
modifications shall be in the form of amendments.
B. A
historical record will be maintained of all amendments, including the effective
date of each and the presiding President at that time.
C. Any
amendment to be ratified requires a simple majority vote of all members present
at the Annual Banquet or by proxy.
All proposed amendments must be made available to the general membership
and all Board members at least two (2) weeks prior to being voted on.
D. In
the event that a change to the Constitution is required and cannot wait until
the next Annual Banquet, a Special Board meeting can be held to vote on the
proposed change, provided that a majority of the Board is present. A three-fourths (3/4) majority vote of
all Board members in attendance will be required for ratification. All members will be notified of the
change in a timely manner.
ARTICLE VI - GENERAL
Section 1 - Financial
A. The
fiscal year for the Club will run from May 1st through April 30th.
B. All
investment shall be approved by the Board. Invested monies shall remain liquid and shall not be
invested for a duration greater than on year, to coincide with the fiscal year
of the Club.
C. Registration
fees are set annually by the Board of Directors and are payable in full by
September 1st, unless payment arrangement have been made with the
Club. Payment arrangements will be
evaluated and approved by the Treasurer on a case-by-case basis.
D. All
contracts and legal documents will require the signature of both the President
and the Treasurer. In the absence
of either the 1st Vice President’s signature shall be
required.
E. The
Treasurer will be required to submit for Board approval an Expenses Approval
list. This will include both
upcoming expenses and reimbursable items.
Each item will be reviewed and approved individually.
F. Any
unanticipated expenses in excess of $1,500 will require a second signature by the
President.
Amendment History:
1986 - Amended |
|
David Obenshine , President |
1987 - Amended |
|
Franchot Franklin , President |
1988 - Amended |
|
Georgia Wysock, President |
1991 - Amended |
|
Robert F. Shortes, President |
1994 - Amended |
|
Robert F. Shortes, President |
1995 - Amended |
|
Robert F. Shortes, President |
April 4, 2000 - Ratification |
|
Ramona
Rutherford, President |
August 16, 2000 - Amendment |
|
Mark
Gagliardi, President |
July 22, 2003 - Amended & Ratified |
|
Alan
W. Focht, President |
March 18, 2008 - Amended |
|
Frank J. Pearson, President |