Article I: Mission
The Northumberland Breakers Volleyball Club is a competitive organization dedicated to advancing the personal and athletic development of youth through the pursuit of excellence in volleyball. We will offer a top quality club experience through intense training and competitive tournaments utilizing coaching staff that is knowledgeable, dedicated and caring
Article II: Name and Place
The name of this club shall be the Northumberland Breakers Volleyball Club, hereinafter referred to as “The Club”. The headquarters shall be located in Northumberland County at such place as the Directors may from time to time determine.
Article III: Membership
Tryouts shall be conducted for teams in age divisions for boys and girls where coaches are available. The Head Coach for each team will make the final decision of which athletes make his or her team with the assistance of other Club coaches. 9-12 players per team are recommended. Only athletes, coaches and parents of athletes under the age of 18 are considered members of the Club. All members of the Club are eligible for election to the Board of Directors in which the duties of these positions are prescribed in these bylaws.
Only members who have reached the age of 18 may vote. Limit of two votes per family. A limit of 3 non-members may be elected to the Board. Once elected, they become full voting members of the Board and the Club. All members will sign the Membership Agreement.
Article IV: Termination of Membership
Any member may resign from the Club for any reason provided dues and expenses are completely paid in full. If any expenses or dues have not been paid in full, they are considered immediately due, in full, upon receipt of resignation. Such resignation shall be in writing to the club Secretary or President. The Board will determine if funds are to be returned to the member.
Any member who is behind in payments may be suspended from membership (notwithstanding athlete subsidy). The Treasurer will provide written notice, to the member. The member may be reinstated to the club upon payment of arrears at the discretion of the Board.
Any member charged with conduct unbecoming a Northumberland Breakers Volleyball Club member or any offense not in the best interest of the Club and the OVA (Ontario Volleyball Association), and against whom such charges are sustained after the opportunity to appear in person before the Board of Directors in his or her defense, may be expelled from membership. Notification of such expulsion will be immediate and in written form of said action.
In cases of the resignation or expulsion of any member, the Secretary shall immediately notify the head coach and teammates of the member’s status.
Any member who is expelled from the Club shall forfeit and /or be responsible for the payment of all membership dues and expenses. The Club reserves the right to collect all monies due to the Club at the time the member was expelled.
Above clauses 1-5 will be subject to OVA transfer policies.
Article V: Board of Directors
The management of the affairs of the Club shall be by a Board of Directors, hereinafter referred to as “the Board”. The Board shall have control of the Club’s activities, determine all policies and generally supervise the affairs of the Club. (In the founding year of the Club, the founding members shall serve on the Board in the following Executive positions – President – Patti Ley, Vice-President/Treasurer – Tracy West, Secretary – Linda Essak. Other founding members include Gordon Ley, Mark Essak and Brad West).
The membership of the Board shall be comprised of no more than 12 members who have reached the age of 18, who shall be elected at the Annual Meeting for a term of one year. A Director may serve for no more than 4 consecutive one-year terms. Meetings of the Board shall be held monthly unless otherwise expressly agreed by a resolution of the Board. Meetings shall be held at a time and place to be agreed upon and issues may be voted upon by phone or e-mail, if all members are in agreement. If quorum is not met, a meeting may be called at the discretion of the Chair. Directors who are absent from 3 consecutive regular meetings without reasonable explanation, will be asked to resign from the Board. Voluntary resignation from the Board will be in writing addressed to the President and shall be effective on the date received. Vacancies on the Board, however caused, may be filled at the discretion of the Board.
Article VI: Duties of the Board
To provide leadership and direction for the Club.
To adopt and carry out operating policies and procedures consistent with this Constitution.
To appoint such additional committees for carrying out the aims and objectives of the Club.
To hire, supervise and evaluate paid staff and coaches where applicable.
Article VII: Meetings of the Board
A majority (more than half) of Directors shall form a quorum for the transaction of business.
Questions arising at any meeting of the Board shall be decided by a majority of votes. In case of an equality of votes, the Chair shall have a casting vote. Votes may be taken by ballot when demanded by any Director present but otherwise shall be taken by assent or dissent. A declaration by the Chair that a resolution has been carried is prima facie proof of the fact without proof of the number of votes recorded.
The Chair shall conduct meetings and keep orderly conduct in accordance with “Robert’s Rules of Order.”
All meetings of the Board of Directors will be open to all members of the Club.
Article VIII: Directors and Officers of the Club
There shall be a President, who shall be known as the Chair, a Vice-Chair, a Secretary and a Treasurer. These members shall be known as Officers of the Board or the Executive.
The outgoing Board of Directors will recruit for next year’s Board. An attempt shall be made to achieve equal representation for both boys and girls at each age level. There shall be a designated Coaching Director and a designated Beach Director.
The Officers and Directors shall be elected at the Annual General Meeting to be held in March. The names of potential Directors and Officers will be submitted through floor nominations at the Annual General Meeting. Members who are present and who have reached the age of 18 are eligible to vote. Votes may be taken by ballot when demanded by any voting Member present but otherwise will be taken by assent or dissent. Decisions will be made based on a majority of votes. A declaration by the Chair that a resolution has been carried is prima facie proof of the fact without proof of the number of votes recorded.
In an effort to ensure representation at various levels of the Club Directors may be appointed to the Board, by the Board, following the Annual General Meeting.
The signing authority for the Club shall be any two of the Executive – the Chair, Vice-Chair, Treasurer and the Secretary.
Article IX: Duties of the Officers
1. President or Chair
Presides at all meetings of the Board, the Executive, Annual Meetings and all other meetings as required.
Issues a call for all regular and special meetings of the Members, the Board and the Executive Committee.
Serves as an ex-officio member of all committees of the Board.
Prepares an agenda for each meeting of the Board and the Executive.
Attends to and supervises the general management of the Club.
Performs all duties incident to the office and exercises such powers as may be conferred by the Board.
Ensures that the Club is operating within the guidelines set out by the OVA.
Performs the duties of the Chair when requested by the Chair and, in such circumstances, assumes all the powers of the Chair.
Shall be responsible for coaching staff (in the absence of a Director dedicated to coaching), this includes any certification, clinics or conferences that may be offered to coaches.
Shall be responsible for arranging gymnasium rental for practices and home tournaments.
Shall be responsible for setting up a score keeping clinic for members, in order to have the required number for each team.
Shall keep and maintain attendance and minutes of all membership and Board meetings.
Shall enter, in a timely manner, in coordination with team managers, all teams in required tournaments.
Shall complete all basic administrative tasks for the Club as required.
Is responsible for all dues paid by members and appropriates those funds toward the proper areas of the budget.
Ensures that accurate records of accounts are maintained to indicate all receipts and disbursements.
Supplies the Board with such financial statements as is required to reflect the actions of the Club at each regular meeting and the Annual General Meeting.
Supervises any investment of the Club.
Article X: Revenue
Each member of the Club shall pay a membership fee as determined by the Board for the upcoming season.
The fiscal year for the Club shall be from May 1st of each year to April 30 of the next year.
All income received shall be for the non-profit purposes of the organization and no part of the income shall be to the benefit of any Officer or Member.
Should the Club dissolve any monies left will be donated to Volleyball Canada for use in their Olympic endeavors.
Article XI: Committees of the Board
A Fund Raising Committee is to be established at the start of each season to ensure the continued operation of the Club. At least one Director of the Club shall sit on the Committee and any member of the Club qualifies for committee membership.
Article XII: Protection of Directors and Officers
Limitation of Liability
No Director or Officer of the Club shall be liable for the acts, receipts, neglects or defaults of any other Director or Officer or employee or for any loss, damage or expense happening to the Club through the insufficiency or deficiency of any security in or upon which any of the monies of the Club shall be invested or for the loss or damage arising from the bankruptcy, insolvency or tortuous act of any person with whom monies, securities or effects of the Club shall be deposited, or for any loss occasioned by any error of judgement or oversight on his/her part, or for any other loss, damage or misfortune whatever which shall happen in the execution of the duties of office or in relation thereto unless the same are occasioned by the Director’s own willful neglect or default.
Every Director and Officer of the Club and his/her heirs, executors and administrators and estate and effects respectively, shall from time to time and at all times be indemnified and saved harmless out of the funds of the Club from and against all costs and expenses whatsoever that each Director or Officer sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted against him/her for or in respect of any act, deed, matter or thing whatsoever made, done or permitted by him/her in or about the execution of the duties of office and all other costs, charges and expenses that he /she sustains or incurs in or about or in relation to the affairs of the Club except such costs, charges or expenses as are occasioned by willful neglect or default.
Article XIII: Amendments to the Constitution and By-Laws
Amendments to the Constitution and By-Laws may, from time to time, be dealt with by a vote of two thirds of the members present at a General Meeting of the Club. Notice of the intention to propose such amendments at such meetings must be given at least ten days prior to the meeting considering the amendments.
Article XIV: Effective Date
This Constitution and By-Law shall come into force on the date first written here below and shall be construed and interpreted in accordance with the laws in force in the Province of Ontario.
Dated this _______ day of __________ 20__.