Constiitution (Petrolia Minor Hockey)

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Petrolia Minor Hockey Association - Constitution

 

 

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**All regulations and operational details are included in a separate document called Rules of Operations (ROO)**

 

 

 

 

Approved PMHA AGM – April 11, 2017


 

 

 

 

 

 

 

 

 

Petrolia Minor Hockey Association

Constitution

Table of Contents

DEFINITIONS

ARTICLE 1 - NAME

ARTICLE 2 - OBJECTIVES

ARTICLE 3 - AFFILIATIONS

ARTICLE 4 - AMENDMENTS TO THE CONSTITUTION AND BY-LAWS

ARTICLE 5 - MEMBERSHIP

ARTICLE 6 - ORGANIZATIONAL STRUCTURE AND OPERATION

ARTICLE 7 – STRUCTURE OF OFFICIERS

ARTICLE 8 - AGM VOTING PROCEDURES

ARTICLE 9 – ELECTION OF OFFICERS

ARTICLE 10 - SPECIFIC DUTIES OF EXECUTIVE POSITIONS

ARTICLE 11 – MEETINGS

ARTICLE 12 –BENCH STAFF APPROVAL

ARTICLE 13 – APPOINTMENT TO A POSITION

ARTICLE 14 – DISCLOSURE

ARTICLE 15 – RULES OF PROCEDURES

EFFECTIVE DATE

 

 

 


DEFINITIONS

In this By-law and all other By-laws and Resolutions of the Association, unless the context otherwise requires:

(a) "Association" means Petrolia Minor Hockey Association (or such other name as the Association may in the future legally adopt);

(b) “PMHA” means Petrolia Minor Hockey Association;

(c) "Board" means the Board of Directors of the Association;

(d) "Director" means an individual who has been elected to the Board of Directors of the Association;

(e) "Officers" means the individuals who hold the offices enumerated;

(f) “Members” means all classes of membership in the Association as provided for;

(g) “Member in Good Standing” means a member who has paid their registration and fundraising requirements, all property belonging to PMHA has been returned, and have no sanction or disciplinary action against them and meets the membership criteria described;

(h) "Corporations Act" means the Corporations Act R.S.O. 1990, Chapter 38, and any statute amending or enacted in substitution therefore, from time to time;

(i) "Letters Patent" means the Letters Patent incorporating the Association, as from time to time amended by Supplementary Letters Patent;

(j) "Policies" means written statements governing issues affecting the affairs of the Association, which have been considered and approved by the Board of Directors of the Association;

(k) “AGM” means annual general meeting;

(l) “Governing Bodies” means any hockey organizations with whom Petrolia Minor Hockey Association chooses to affiliate with;

(m) "CHA" means the Canadian Hockey Association (or such other name as the CHA may in the future legally adopt);

(n) “OHF" means the Ontario Hockey Federation (or such other name as the OHF may in the future legally adopt);

(o) "OMHA" means Ontario Minor Hockey Association (or such other name as the OMHA may in the future legally adopt);

All terms defined in the Corporations Act have the same meaning in this By-law and all other By-laws and Resolutions of the Association.

ARTICLE 1 - NAME

  1. This organization shall be known as the Petrolia Minor Hockey Association operating under the Ontario Minor Hockey Association.

ARTICLE 2 – OBJECTIVES

  1. The objectives of the Petrolia Minor Hockey Association are to promote, govern and improve organized amateur hockey in the Town of Petrolia and surrounding area as a division of the Ontario Minor Hockey Association by authority of Hockey Canada, Ontario Hockey Federation (OHF) and Ontario Minor Hockey Association (OMHA).
  1. to foster among its members, supporters and teams, a general community spirit
  2. to maintain and increase the interest in the game of hockey
  3. to have and exercise a general care, supervision and direction over the playing interests of its teams and players

ARTICLE 3 – AFFILIATIONS

The Association shall have the following affiliations:

(a) The Association shall be a member of the OMHA and Lambton Jr. Sting AAA.

(b) The Association shall operate in cooperation with the Parks and Recreation Department of the Town of Petrolia.

ARTICLE 4 – AMENDMENTS TO THE CONSTITUTION AND BY-LAWS

  1. The Constitution of the Association shall not be altered except at an Annual Meeting and notice of the proposed alterations shall be given to the Secretary in writing at least four weeks before the day of the meeting, and they shall forthwith notify the Association directors of the proposed changes. The Secretary shall advertise the Annual Meeting at least six weeks prior to the date. A two- thirds majority of those in attendance is needed at the Annual Meeting for an amendment of change or alteration to be incorporated in the Constitution.
  2. Any changes, additions or deletions to the Rules of Operations can be brought up at the normal Association Directors meeting (monthly) and a simple majority of voting members present will pass any change, addition or deletion. No advance notice is required for any changes, additions or deletions to the Rules of Operations.

ARTICLE 5 – MEMBERSHIP

The association shall consist of:

  1. All hockey clubs in the Town of Petrolia who operate under the jurisdiction of the Association and who comply with the requirements of its constitution, by-laws and rules of operations.
  2. Association Directors
  3. Past Presidents
  4. Members in good standing which include parents, coaches, managers and persons who have expended time and effort in the service of minor hockey in the Town of Petrolia.

ARTICLE 6 – ORGANIZATIONAL STRUCTURE AND OPERATION

  1. The affairs of the association shall be managed by a Board of fifteen (15) Directors, plus a Past President. The Board of Directors will consist of a President, a Vice President, a Secretary, a Treasurer and 11 Directors at Large.
  2. A majority of members voting at any Annual General Meeting shall have governing authority over the affairs and operations of all matters affecting interests of PMHA and its members as provided for under this constitution and by-laws. Between Annual General Meetings, this authority is entrusted to the duly elected Directors.
  3. Individual Officers shall have supervisory authority and be obligated to fulfill the duties and requirements as stipulated by PMHA’s Constitution. In all matters not therein provided for, the President and/or the Executive shall exercise full supervisory authority as provided herein to further compliance with the Objectives of PMHA, subject and subordinate to the authority of a properly constituted Annual General Meeting.
  4. The Directors may appoint additional committees and define their duties.

ARTICLE 7 – STRUCTURE OF OFFICERS

(i) Immediate Past President: Shall be an automatic member of the Executive committee. This position is for leadership purposes only and is not eligible to vote on board issues. The Past President will act as a mentor within the organization.

(ii)The PMHA elected officers shall consist of:

Executive Committee

  1. President
  2. Vice President
  3. Treasurer
  4. Secretary
  5. Plus 11 Directors with various responsibilities as outlined in the Rules of Operations

ARTICLE 8 – AGM VOTING PROCEDURES

1.    The following shall be eligible to vote at the Annual Meeting:

(b)  Executive Committee

(c)  Association Directors

(d)  Past President(s)

(e)  Members in good standing

2.         (a) There will be no proxy votes.

(b)  No person shall have more than one vote.

ARTICLE 9 – ELECTION OF OFFICERS

  1. A nominating committee consisting of the President, Vice-President and Past President shall bring forward a list of nominations for open elected positions at the Annual General Meeting.
  2. Each member of the Association present at the Annual General Meeting shall have the privilege of nominating a representative for any position open for election.
  3. Candidates for office shall be proposed by the nominating committee and/or nominated from the floor at the Annual General Meeting.
  4. The Directors shall be elected during the Annual General Meeting held on or before the last day of April each year.
  5. The term of office shall be for two (2) years. Each year shall run April 1st through March 30th inclusively.
  6. The President and Vice President of PMHA will be elected for a two-year term.
  7. The Secretary and Treasurer will be elected for a two-year term.
  8. Each Director will be elected for a two-year term. They will be evenly staggered between odd and even years to keep the turnover on the board equal and consistent. In the event a director’s position was vacated for any reason during their term, then the position of the person incumbent, who was appointed by the Board between the dates of the annual meetings of the members, shall be automatically up for re-election. In the event that the person in this position had only completed one year, the new incumbent would be elected to a special one year position to complete the appropriate cycle of rotation.
  9. The election shall be held by secret ballot.
  10. All PMHA members in good standing, eighteen (18) years of age and over are eligible to stand for office and vote.
  11. Each Director shall be expected to perform a function that enhances PMHA during his/her term of office, such as chairing an event, committee or program within the Association.
  12. PMHA Members in good standing are eligible to be nominated for more than one Executive office, but are not eligible to hold more than one Executive position at any given time.
  13. Persons nominated for President shall have served at least one of the last two years as an Association Director.
  14.  (i) Past President shall be named; (ii) Nominations are given to fill the appropriate 8 (even years) or 7 (odd years) vacant Directors positions; (iii) Directors are voted in by secret ballot to make a total of 15 Directors for the upcoming term. The Executive shall be elected by the Association Directors at the next Board of Directors meeting following the AGM with President and Vice President elected in odd years and Secretary and Treasurer elected in even years; (iv) Persons nominated for President shall have served at least one of the last two years as an Association Director.

ARTICLE 10 – SPECIFIC DUTIES OF EXECUTIVE POSITIONS

President

The President, within the jurisdiction of the Association, shall have the powers to:

  1. Sign as a signing officer for the Association.
  2. Preside at all meetings and when necessary may cast a vote in the event of a tie in voting.
  3. Exercise the powers of the Association Directors in case of emergency.
  4. Sit on all standing committees as an ex-official voting member.
  5. Chair all PMHA meetings.
  6. Report regularly to the Board on matters of interest or concern.

Vice President

  1. In the absence of the President or in the event of his inability to act, the Vice-President shall have and exercise all the powers of the President and shall at all times be an ex-official voting member of all standing committees.
  2. They shall be one of the three signing officers for the Association (i.e. President, Vice-President, Secretary)

Immediate Past President

  1. The immediate Past President shall be an automatic member of the executive committee. This position is for leadership purposes only and does not carry any responsibility for voting procedures. They will act as a mentor within the organization.
  2. Be part of a nominating committee.
  3. Be available to assist any Director requiring assistance in the completion of his or her functions.
  4. Carry out other duties as assigned by the Board, Executive Committee, or the President.

Treasurer

  1. The Treasurer shall keep a record of all monies received and disbursed, shall deposit all monies in the bank, shall make all disbursements by cheque.
  2. Shall present at each monthly meeting a report of the year’s operations and duly audited financial statement. Present the latest bank records, statements and cancelled (processed) cheques to be viewed by the Executive members and signed off by an executive member each month. All cheques presented for signature shall be completed and have the matching invoice presented. No meetings shall take place without adequate paperwork and updated records. If the treasurer is unable to attend, adequate paperwork must be provided prior to the meeting.
  3. Secretary, Vice-President and President have signing authority. No cheques should be signed without supporting documents. Treasurer does not have signing authority and therefore, the Bank will need a letter to allow the treasurer to be able to view account balances and account transactions to report to the executive.
  4. The Treasurer’s books will be subject to an external, independent review on an annual basis. The books must be completed by April 30th and reviewed and presented at the next Executive meeting.

Secretary

  1. Shall conduct all correspondence of the Petrolia Minor Hockey Association and keep a record of all decisions made at meetings, issue the minutes of each meeting and notices of future meetings with an agenda.
  2. Shall notify the Association Directors and other hockey personnel deemed necessary of the time, location and date of meetings. They shall publish the notice of the Annual Meeting at least six weeks before the meeting.
  3. Shall be one of three signing officers of the Association. Secretary, Vice-President, and President have signing authority. No cheques will be signed without supporting documents.
  4. Prepare and distribute minutes of meetings to Executive and Directors.
  5. Post minutes on the website (excluding any in-camera information).

Director’s Duties

  1. The Association Directors shall have control of the affairs of the Association and shall have power to fill any vacancy which may occur in its number, and to amend or alter the Rules of Operations of the Association.
  2. Any director who misses more than three (3) regular Executive meetings in any term without valid cause may be removed from Office.
  3. All members of the Executive, coaches and team staff must be able to pass a police background check and provide one to the Executive.

ARTICLE 11 – MEETINGS

  1. The Annual Meeting of the Association shall be held on or before the last day of April.
  2. All Meetings of the Association Directors shall be at the call of the President, except as outlined under item 3 below.
  3. At the request of three (3) Association Directors, the President shall call a general meeting of the members. The meeting, duly called for that purpose, is effective only until the next Annual Meeting.
  4. A quorum for the meetings shall consist of a simple majority of members.

ARTICLE 12 – BENCH STAFF APPROVAL

All coaches, assistant coaches, managers and trainers must be approved by the PMHA Board of Directors before signing or working with a hockey club under its jurisdiction.

ARTICLE 13 – APPOINTMENT TO A POSITION

PMHA has the right to appoint any qualified person to any position affiliated with the operation of any hockey club under its jurisdiction.

ARTICLE 14 – DISCLOSURE

No member of PMHA will be allowed to enter into any contract with players, teams, or other OMHA Centre’s without full disclosure and approval of the board.

ARTICLE 15 – RULES OF PROCEDURES

The Rules contained in the most current edition of “Roberts Rules of Order by Henry M. Robert III and William J. Evans” shall govern the rules and procedures to be used in conducting the Meetings and affairs of the Association in all cases to which they are applicable, and in which they are not inconsistent with the By-laws or other governing documents or laws affecting the Association.

EFFECTIVE DATE

This Constitution shall come into force without further formality upon its enactment after approval by the Members of the Association as herein before set out.

The foregoing By-laws are hereby enacted, ratified, sanctioned, confirmed and approved without variation by the affirmative vote of the Members of the Association at a General Meeting of the Members of the Association duly called and held at the Petrolia Lions Hall in the Town of Petrolia, Ontario, and at which a quorum was present on the 11th day of April, 2017

 

Nick Salaris  

President                                                     

PMHA