Bylaws


OBJECTIVES OF THE EAST SMOKY MINOR HOCKEY ASSOCIATION

NAME:

The name of the Association shall be the East Smoky Minor Hockey Association, hereinafter called the Association.

BYLAWS:

    a)    The bylaws, appended to these Objectives, shall describe the organization and functions of the Association and the means by which members of the     Association may elect the Association’s executive and control the property and activities of the Association;
    b)    The Rules and Regulations of the Hockey Canada/Hockey Alberta and those of the League in which the Association operates shall take precedence over any Association Bylaws, Rules and Regulations;
    c)    Any Bylaw, Rule and Regulation contrary to the Rules of the Hockey Canada, the Hockey Alberta and the League in which the Association operates shall be invalid.


BYLAWS FOR THE EAST SMOKY MINOR HOCKEY ASSOCIATION

BYLAW 1 - INTERPRETATIONS

1.01    In these Bylaws and in the Policies and Procedures of the E.S.M.H.A. unless the subject matter of the context requires a different interpretation:
      a)    “Association” shall be defined as the East Smoky Minor Hockey Association.
      b)    “Member in Good Standing” shall be defined as a parent or legal guardian, eighteen (18) years of age or older, having a properly registered player,that          is not in arrears to the association or any team or member of a team of the Association.
      c)    “AAHA” shall be defined as the Alberta Amateur Hockey Association, also known as Hockey Alberta;
      d)    “CHA” shall be defined as the Hockey Canada;

BYLAW II - MEMBERSHIP

2.01    MEMBERSHIP
    Membership of the Association shall consist of:
    a)    Any resident within the prescribed Hockey Alberta boundaries or any exception agreed to by Hockey Alberta and the East Smoky Minor Hockey Association Board.
    b)    Any parent or legal guardian, eighteen (18) years of age or older, having a player properly registered with the Association as per Hockey Alberta regulations;
    c)    Any person holding a position on the Board of Directors in the Association or in a “ratified” position is automatically a Member of the Association in good standing for the current operating year;
    d)    Any other person having paid a $1.00 membership fee to purchase a non-voting membership;

2.02    WITHDRAWAL
    A  member may withdraw from membership in this Association by submitting his withdrawal in writing to the Registrar. Reimbursement is not mandatory but may be considered on an individual basis, based on the “Registration Refund” policy, then forfeited.

2.03    REMOVAL
    The Association may, by a written notice, terminate the membership of a member for acting contrary to the Rules and Regulations of Hockey Canada, Hockey Alberta, ASMHA and the League in which the Association operates.  The Executive shall give to the individual a written explanation for the termination of membership.  The individual, if they so desire, shall have the right of appeal to the Executive and to a  General Meeting of members.

BYLAW III - MEETINGS OF MEMBERS AND VOTING

3.01    EXECUTIVE MEETINGS
    Executive meetings shall be held at least once per month except during the months of May, June and July. Members will be notified by posters, face book, community calendar and email one week prior to meeting date.  General Members are welcome to attend and participate in conversation at Executive meetings.  If an issue is to be addressed, General members must contact the Secretary, giving at least one weeks notice, to include said topic on the agenda. The meetings will be held on dates designated by the President.

3.01.1    A quorum will consist of 50% of the filled executive positions excluding the president. Example: 10 filled executive positions and 3 vacant positions = 5 members equal a quorum.

3.02    ANNUAL MEETINGS
    The Annual General Meeting of the Association shall be held near the end of hockey season. It will be decided by the board seasonally.

3.02.1    The order of business for the Annual General Meeting shall be as follows:
    a)      Reading of minutes from the last Annual Meeting and the minutes from any special meeting held during the current playing year;
    b)      Business arising from the minutes;
    c)      President’s report
    d)      Treasurer’s report
    e)      Receiving and reading of reports from Directors;
    f)      Receiving and reading of reports from any committees:
    g)      General Business
    h)      Election of officers and directors;
    i)     Appointment of committees
    j)      Adjournment

3.02.2    One-twentieth of the Association’s members in good standing shall constitute a quorum at an Annual General Meeting.

3.03    SPECIAL MEETINGS
    Notice of a Special Meeting shall be publicly advertised 5 days in advance.  The notice shall include time, place, and agenda of the meeting. No subject shall be discussed or considered at any Special Meeting, except that specified in the notice.
3.03.1    One-twentieth of the Association’s members in good standing shall constitute a quorum at a Special Meeting.

3.04    VOTING
3.04.1    The following shall be eligible to vote at the Annual General Meeting and Special Meetings;
    a) Executive members;
    b) Members in good standing
3.04.2    There shall be no proxy votes.
3.04.3    No person shall have more than one vote.
3.04.4    The following shall be eligible to vote at Executive Meetings
    a) Executive members;
3.04.5    There shall be no proxy votes.
3.04.6    No person shall have more than one vote.

3.05    RULES OF ORDER
3.05.1      No motion shall be received without the mover and seconder thereon and said motion shall not be open for discussion until so stated by the Presiding Officer.
3.05.2    All motions shall be decided by a majority vote.  In case of a tie, the President shall cast a vote.
3.05.3    No delegate shall speak twice on the same subject without the permission of the President, unless in explanation, or the mover of a motion.
3.05.4    A resolution in writing, signed by all the Officers and placed within the minutes of the Executive Board, is as valid and effective as if regularly passed at a meeting of the Executive Board.
3.05.5    A resolution made by telephone must be put in writing and comply with 3.05.4.

BYLAW IV - EXECUTIVE

The Executive Board of the Association shall consist of the President, Vice-President, Secretary, Treasurer, Registrar, League Director.


4.01    GENERAL DUTIES OF THE EXECUTIVE
    a)    The executive shall be responsible to the general membership and shall have control and management of all areas of operation of the association within the bylaws and shall serve in the best interests of the majority of the members
    b)    Should a vacancy occur during the year, the Executive shall be empowered to appoint a member of the Association to fill the position for the balance of the term;
    c)    The Executive shall ensure that all funds belonging to the Association are deposited at an appropriate financial institution. No funds shall be withdrawn without the signature of two (2) designated members of the Executive;
    d)    Shall attend all Executive meetings with a prepared report if required;
    e)    Shall attend the Annual General Meeting and present a yearly report.
    f)    Shall serve on one or more committees;
    g)    Shall serve a (1) year term with the exception of the President who shall serve two (2) year term;
    h)    Shall attend the annual ice user meeting to book ice times.

4.02    REMOVAL

4.02.1    Any elected or appointed board member who fails to attend board meetings on two (2) consecutive occasions without just cause, which shall be determined by the board, on motion passed by majority of the board, may be removed as an Executive member.
4.02.2    The Members may, by resolution passed by a majority of the votes cast at a general meeting of Members duly called for that purpose, remove any Executive member before the expiration of his/her term of office and may, by a majority of votes cast at the meeting, elect any person in his stead for the remainder of the term of the Executive so removed.
4.02.3    The Board may, by a two-thirds (2/3) vote , remove an executive member who, in the opinion of the Board has been or is being remiss or neglectful of duty or by conduct tending to impair his usefulness and or discretion as an Executive.
4.02.4    The Board may, by a two-thirds (2/3) vote, remove an Executive member who has been found guilty of having failed to abide by the rules and regulations of the Hockey Canada, Hockey Alberta, the Association and the league in which the Association operates.

4.03    REMUNERATION

4.03.1    Unless authorized by the executive, at any meeting, no officer or member of the Association shall receive any remuneration for his services.


BYLAW V - POWER OF THE EXECUTIVE

5.01    EXECUTIVE AUTHORITY
    a)     Shall have the authority to enforce the Bylaws, Policies and Procedures established by the Association;
    b)     May delegate tasks to members in good standing

BYLAW VI - OFFICERS

6.01    ELECTION AND/OR APPOINTMENT OF OFFICERS
    a)    Each member shall have the privilege of nominating a representative for each elective office of the Association subject to the following provisions:
    b)            No person shall be nominated for any Executive position unless he/she is a member in good standing of the Association and the majority of the executive board positions are filled by person’s having a minimum of (1) year league experience.


6.02    PRESIDENT

6.02.1    The President, within the jurisdiction of the Association, shall have the power to:
    a)     Sign as a signing officer of the Association;
    b)    Preside at all meetings;
    c)     Exercise the powers of the Executive in case of an emergency;
    d)     Sit on all committees as an ex-officio member.
    e)     Assist Division Directors when necessary to conduct division level parent meeting at the start of each season;
    f)     Ensure that all Executive members understand their roles, responsibilities and code of conduct;
    g)    Attend the league meetings and relay information back to the board.

6.02.2    The President shall have decision making powers over all areas of the Association, but shall be responsible to the majority vote of the Executive;
    a)     A decision of the President may be appealed or ratified at a regular meeting, or if necessary, at a Special Meeting;

6.02.3    The President shall not vote except to cast a deciding vote;
6.02.4    The President shall serve a two (2) year term.

6.03    VICE-PRESIDENT
    In the absence of the President or in the event of his/her inability to act, shall have and exercise all the powers of the President and shall at all times be an ex-officio voting member of all committees.  The Vice-President, within the jurisdiction of the Association, shall:
    a)     Have the authority to enforce the Objectives, Bylaws, Rules and Regulations established by the Association;
    b)     Sit on the Disciplinary Committee;
    c)     Perform duties as designated by the President;
    d)     Serve a one (1) year term.

6.04    PAST PRESIDENT
    The Past-President shall act in an advisory capacity upon request.

6.05    TREASURER

6.05.1    The Treasurer shall perform all duties implied in the title and more practically;
    a)    Shall be one of the three designated officers empowered to sign cheques for the Association;
    b)    Shall keep records of all monies received and disbursed, and shall deposit all monies in the bank account of the Association, and shall ensure all disbursements are made by cheque;
    c)    Shall present at the Annual Meeting a report of the year’s operations which will be in the fall.
    d)    Shall present at each Executive meeting an up-to-date report of the financial records of the Association;
    e)    Shall receive authority from the Executive before paying invoices for equipment;
    f)    Shall, whenever required by the President or Executive, submit or turn over to the said President or Executive all monies, accounts, books, papers, vouchers and records, including bank and cheque books pertaining to his/her office and shall turn over same to his successor when elected or appointed;
    g)    Shall complete any and all documentation or correspondence as required by Alberta Gaming Control Branch; any member applying for a license, must let the treasurer know in writing and include a Raffle License number. Treasurer must follow up within 50 days of raffle to ensure raffle license holder submit’s the financial report to AGLC.
    h)    Shall ensure that fees for payment of referees coincides with Hockey Alberta rules and regulations and may not exceed the fees outlined in Hockey Alberta.
    i)    Shall receive and process all incoming mail and distribute the mail to the proper Executive members;
    j)    Shall serve a one (1) year term.

6.06    SECRETARY

6.06.1    The secretary shall perform all the duties implied in the title and more practically:
    a)     Shall perform all general secretarial duties, attend all meetings, and relieve the Executive of all routine duties whenever possible;
    b)     Shall notify the Executive and other hockey personnel deemed necessary of the time, location , and date of all meetings;
    c)     Shall make arrangements for all meetings;
    d)     Shall record the minutes of all Executive meetings and prepare them for the records of the Association;
    e)     Shall record the minutes of the Annual meeting and prepare them for the records of the Association
    f)     Shall provide access to a copy of the minutes and agenda at least one week prior to each meeting;
    g)     Shall prepare all correspondence for the signature of the Executive members;
    h)     Shall obtain the necessary stationary, registration forms, etc. for the Association;
    I)     Shall publish notice of the Annual General Meeting at least 2 weeks in advance of the meeting
    j)     Shall be responsible to organize team pictures;
    k)     Shall serve a one (1) year term.
    l)     Shall book any ice required by this association for hockey clinics, referee clinics, coaches’ clinics, etc….
    m)     Shall book a referee clinic each year as required;
    n)     Shall ensure that there is an updated list of all certified referees available;
    o)     Shall recruit and promote referees for the association;
    p)     Shall be responsible for hearing complaints, resolving concerns, and be accountable to the Executive for any action taken;
    q)     Shall serve a one year term;

6.07    REGISTRAR

6.07.1    The registrar shall perform all duties implied in the title and more practically;
    a)     Shall advertise registration date(s) as set by the Executive;
    b)     Shall ensure that all players and coaching staff in the Association are registered with Hockey Alberta in accordance with Hockey Alberta regulations;
    c)     Shall set up a registration committee to assist with registration;
    d)     Shall work with the Treasurer to ensure that registration fees for all players are paid;
    e)     Shall notify treasurer of any player registration withdrawals;
    f)     Shall serve a one (1) year term.
    g)     Shall affiliate team to team with board approval;
    h)     Shall submit all applicable forms prior to Provincial deadline
    i)     Shall attend training if available;
    j)     All forms be approved and signed by the president;


6.08    LEAGUE/ICE DIRECTOR
    a)    Shall attend meeting(s) on ice allotment, which is held every year with all user groups;
    b)    Shall book ice allotment for the E.S.M.H.A. with Crooked Creek Recreation Board.
    c)    Shall recommend to the Executive practice times for all teams in the Association;
    d)    Shall book any ice required by this Association for  hockey clinics, referee clinics, coaches’ clinics, etc.:
    f)    Attend the League Kick Off Meeting in September.  At this time provide the League with an approximation of the number of teams E.S.M.H.A. will be placing in each division.
    g)    Attend the League Annual General Meeting in October. At this meeting the League Coordinator:
            1.  Discusses and votes on all new League business representing the interests of E.S.M.H.A.
            2.  Places all E.S.M.H.A. teams into the most appropriate tier and division for the scheduling meeting.
    h)    Ensure that each team has a representative at the scheduling meeting and discuss with each team their placement in the leagues tier system. This meeting takes place in October.
    i)    Report to E.S.M.H.A. Board of Directors, as a team placement and discuss any team tier issues
    j)    Participate in the Coaches meeting to inform all coaching staff as to league policies and expectations. Discuss coaches concerns to be relayed to the league President.
    k)    Attend League Playoff meeting in January to discuss playoff format and the division splits for the League Playoff. Prior to attending the League Playoff meeting confirm or remove all carded E.S.M.H. teams for Provincial Playoffs.
    l)    Distribute playoff schedules to coaching staff and present banners to those teams in the final playoff round
    m)    Attend the League Windup Meeting in April
    n)    Shall serve a one (1) year term
    o)    Work with team managers and coaches to ensure at least 2 to 3 exhibition games are completed before tiering meeting and submitted;
    p)    Shall read and understand league protocol and Bylaws;



BYLAW VII - DIRECTORS/COMMITTEES

    
7.01    FUNDRAISER DIRECTOR
    a)    Shall ensure all monies received from fundraising is given to the Treasurer of the Association;
    b)    Shall ensure the Treasurer receives all documents pertaining to the monies received from fundraising
    c)    Shall assign and post all working teams for Casino for the Association;
    d)    Shall recruit members in good standing to volunteer as Casino Workers for the Association and ensure that each worker has obtained the required authorization
    e)    Shall act as a team liaison regarding fundraising;
    f)    Shall ensure proper Permits/Licensing are obtained prior to function
    g)    Shall serve a one (1) year term


7.02    TEAM MANAGER/COACH DIRECTORS
    a)    Shall serve as a liaison between the Board and the members of their team
    b)    Shall ensure that teams are kept informed and are fulfilling any requirements of the Association, Hockey Alberta, the Hockey Canada or the League in which the Association operates.
    c)    Shall act as a liaison person between the coaching staff, players and parents.
    d)    Shall aid in team conflict resolution by directing parties the appropriate course of action;
    e)    Shall serve a one (1) year term    
    f)     Must attend scheduling meeting if your team is League;

BYLAW VIII - VIOLATIONS OF BYLAWS, RULES AND REGULATIONS

8.01    The Executive shall have the power to suspend or discipline any coach, manager, player, parent or guardian, trainer, referee,or other official under the jurisdiction of the Association.
8.02    Any member or groups as specified under Bylaw II - Membership may be suspended or expelled from the Association for failure to comply with the Association’s Bylaws, Rules and Regulations for misconduct or for any other cause which, in the opinion of the Executive, is not in the best interest of the Association.
8.03    No “one” individual, other than the President of the E.S.M.H.A. or his/her delegate or the League Representative may have any contact with the Hockey Alberta or any of the Zone representatives be it verbally or in writing, regarding any matter pertaining to the E.S.M.H.A., other than what is required by the Hockey Alberta.  All concerns will be channeled through the proper authorities and dealt with in the proper manner. Any breach of this policy will be dealt with accordingly by the     Executive of the E.S.M.H.A.

BYLAW IX - APPEALS

9.01    Any appeal of a disciplinary action will be brought forward to the Executive
9.02    Any appeal or protest shall be in writing and shall set out the Bylaws, Policies and Procedures involved, supported by the evidence and shall be signed by the appellant;
9.03    A protest on a referee’s decision will not be considered unless it concerns a question of interpretation of the rules of the game.
9.04    The Executive shall hold a hearing at the appointed times and place and notify the appellant and any other person who has obvious interest in the same thereof within seven days after receiving the written appeal.

BYLAW X - GENERAL

10.01    FISCAL YEAR
    E.S.M.H.A. fiscal year shall commence on the 1st day of September and end on August 31st  of the following year.

10.02    AUDIT AND AUDITORS
    a)    The accounts and the financial records of the Association shall be audited once a year by an Auditor appointed by the Executive;
    b)    Auditor means a person who examines an organization’s financial records and reports.  If the person is a member of the organization being audited, he or she is known as an internal auditor.  If the auditor is not a member of the organization, he or she is known as an external auditor;
    c)    A complete and proper statement of the standing of the books from the previous year shall be presented at the Association’s Annual General meeting each year;
    d)    The books and records of the Association may be inspected by any member of the Association at the Association’s General Meeting each year provided for herein, or at any time satisfactory to the officer or office having charge of same.  Each member of the Executive shall at all times have access to such books and records.

10.03    CUSTODY AND USE OF THE SEAL
    E.S.M.H.A. does not possess or have the use of a Seal.

10.04    BORROWING POWERS
    For the purpose of carrying out its objectives, the Association may borrow or raise or secure the payment of money in such manner as it deems fit. In no case shall debentures be issued without the sanction of a Special Resolution of the Association.

10.05    AMENDMENTS TO THE BYLAWS
    a)    The Bylaws may be rescinded, altered, or added to by a “Special Resolution” passed by a vote of not less than 75% of those members entitled to vote as are present in person, at a General meeting of which one month’s written notice specifying the intention to propose the resolution as a special resolution has been duly given.
    b)    Any amendment in the Bylaws, Rules and Regulations which may have been adopted in the manner provided for in the Bylaws shall not be negated by reason of error or omission which may occur from time to time.

10.06    DISSOLUTION
    a)    The property and assets of the Association shall belong to the Association as a corporate entity, shall not constitute the property of any individual member and no person shall have any claim upon the property and assets of the Association on ceasing to be a member or at any time thereafter.
    b)    Upon dissolution of the Association, the assets shall be sold or disposed of under the direction of the Board and shall be distributed as follows:
        -  All debts of the Association to be paid;
        -  Balance of funds be disbursed to a Non Profit organization

BYLAW XI - RULES AND REGULATIONS

11.01    The Association shall abide by the rules and regulations set down by Hockey Canada, Hockey Alberta and the League in which the Association operates and shall ensure that it remains in good standing with them.

11.02    The rules and regulations of the Association shall be as set in the E.S.M.H.A. Policies and Procedures Manual.








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