HSC By-Laws
I. TEAMS
HSC shall consist of their teams, players and their parents and guardians, coaches, officers and administrators.
II. RESPONSIBILITIES
All teams shall abide by the Constitution, the By-Laws, and the Rules and Regulations and policies of HSC, the NJSYSA, the USYSA and the USSF.
All players of teams must be affiliated with the USYSA and the USSF as prescribed by the NJSYSA and national requirements.
III. ELECTION OF DIRECTORS
Each team in good standing shall elect one director and an alternate. One legal guardian per child on the team shall vote in a ballot administered by an Officer of the Club. The Director will be chosen by simple majority. If no nominee receives a majority, each subsequent balloting shall include only those nominees who received the first and second highest votes in the immediately preceding ballot.
IV. USE OF NAME AND LOGO AND COLORS
Section 1. No one may use the name or initials of HSC, any of its trade names including Holmdel Soccer Club and HSC, or any of its logos except as provided under these bylaws or except with the express written consent of HSC.
Section 2. The colors of HSC are black and white in any combination of shirt, shorts and socks.
V. EQUAL OPPORTUNITY
Section 1. HSC shall provide an equal opportunity to athletes, coaches, trainers, managers administrators, and officials to participate in youth soccer competitions.
Section 2. Individuals serving on the Board of Directors or any Council or committee of HSC shall be selected without regard to that individual’s race, color, religion, national origin or sex.
VI. ELECTION OF OFFICERS
The election of HSC officers shall take place at the Annual General Meeting. Election to office shall require a simple majority of votes cast. The officers will take office upon their election.
SECTION I – ELIGIBILITY FOR ELECTION TO OFFICE
Only active Directors of HSC shall be eligible to be candidates for an elective office of HSC. A candidate for President or First Vice President must have been an active Director of HSC for at least one (1) year. No elected officer shall serve as an officer of another Club within the state.
SECTION II – NOMINATING COMMITTEE
A nominating Committee shall be appointed not later than April 1 of each year. The Nominating Committee shall consist of five (5) Directors of HSC and shall be appointed by the President subject to the approval of the Board of Directors. Nominating Committee members must have been active Directors of HSC for at least one (1) year. The Nominating Committee shall submit its report of nominations to the Board of Directors at least three (2) weeks prior to the Annual General Meeting. The Nominating Committee shall not be required to submit a single nominee for each office, but may, in its sole discretion, report multiple nominees for any office.
SECTION III – NOMINATIONS OTHER THAN BY NOMINATING COMMITTEE
In addition to the nominations submitted by the Nominating Committee, 30% of the Directors may make nominations for elective office during the Annual General meeting.
SECTION IV – ACCEPTANCE OF NOMINATIONS
A Director nominated by the Nominating Committee need not be present at the Annual General Meeting to be nominated or to accept is or her nomination. A Director nominated by 30% of the Directors during the Annual General Meeting must accept the nomination either in writing or in person. An acceptance in writing is valid when delivered to the Secretary of the Association. The acceptance may be delivered to the secretary before or during the Annual General Meeting.
SECTION V – ELECTION PROCEDURES
Elections shall be by secret ballot on specially identified slips of paper except in cases where there is only one nominee for the office. Balloting shall continue until the offices are filled.
In the event that there is more than one nominee for the same office, the nominee receiving a simple majority of votes cast shall be elected to the office. If no nominee receives a majority, each subsequent balloting shall include only those nominees who received the first and second highest votes in the immediately preceding ballot.
Each Director shall be entitled to cast one vote during each round of balloting.
SECTION VI – VACANCY IN ELECTED OFFICE
In the event that an elected office of HSC becomes vacant, the President shall appoint, within sixty (60) days and with the approval of the Board of Directors, an active Director of HSC to fill the unexpired term of such vacant office. If the vacancy occurs in the Office of the President, the First Vice President will automatically become the President, and a vacancy shall result in the office of the First Vice President. If the President fails to appoint an active Director of HSC to a vacancy within two months following the creation of the vacancy in that office, the Executive Committee may, in its sole discretion, appoint an active Director of HSC to the vacancy or determine to leave the position vacant until the next Annual General Meeting. In the latter circumstance, any such vacancy that remains vacant following the election at the Annual General Meeting shall be deemed a newly created vacancy for the purposes of the procedures set out in this Section VI.
SECTION VII – DUTIES OF THE ELECTED OFFICERS
PRESIDENT
The duties of the president shall be:
A. to serve as the Chief Executive Officer of HSC, with responsibility for overall operation of the HSC;
B. to conduct all meetings of HSC, having only one (1) vote, to be used only to create or break a tie vote;
C. to delegate authority, assign specific functions, create special committees, and take similar action in consultation with the Executive Committee;
D. to make permanent and interim appointments to standing committees with the approval of the Executive Committee;
E. to represent HSC in League, State, Regional, and National matters;
F. to co-chair the Appeals and Protest Committee;
G. to chair the Finance Committee;
H. to authorize individual expenditures not in excess of five hundred dollars ($500.00) without action by the Board of Directors; and
I. to co-sign checks on behalf of the HSC.
FIRST VICE PRESIDENT
The duties of the First Vice President shall be:
A. to serve in the absence of the President, performing administrative duties including, but not limited to, conducting meetings of the Board of Directors;
B. to chair the Discipline Committee;
C. to administer the SAGE program;
D. to perform such other duties as may be delegated by the President,
E. to co-sign checks on behalf of HSC.
SECRETARY
The dutues of the Secretary shall be:
A. to give notice of all meetings of the Board of Directors;
B. to handle all correspondence not otherwise delegated;
C. to keep and distribute minutes of all meetings of the HSC;
D. to perform such other duties as may be delegated by the President.
TREASURER
The duties of the Treasurer shall be:
A. to deposit all monies of the HSC in a recognized bank(s) in the name of the HSC (or in the name of an appropriate HSC Committee), and provide receipt for all monies received;
B. to pay all accounts due by check which shall bear (2) authorized signatures (one of which shall be that of the Treasurer) or have authorization in writing by President and/or Vice President to issue an electronic check;
C. to produce, when required by the Board of Directors, properly balanced books, receipt books, vouchers, bank statements, and other appropriate financial records;
D. to prepare an Annual Financial Report and an Annual Operating Budget for the HSC; and
E. to prepare or arrange for the preparation of annual tax returns.
LEAGUE REPRESENTATIVE
The duties of a League Representative shall be:
A. to monitor player and coach registrations and team rosters;
B. to monitor registration and rostering rules and regulations issued by NJSYSA, USYSA, and USSF, as those rules and regulations may apply to youth soccer;
C. to cooperate with the Schedules and Game Director concerning problems that may arise relating to scheduling, determination of league standings, and similar matters; and
D. to perform such other duties as the President, the Board of Directors, or the Executive Committee shall from time to time determine.
SECTION VIII – COMMITTEES AND APPOINTED OFFICIALS
GENERAL
In addition to the Committees and Appointed Officials set forth specifically in these By-Laws, the President, with the consent of the Board of Directors, may appoint such other officials or committees, as the President may deem appropriate. HSC Committees may have responsibility for separate budgets or discrete portions of the HSC budget. An individual of HSC, who is not an elected officer of the Board of Directors or the Executive Committee, must chair any HSC Committee. For any Committee not chaired by an elected officer of the Board of Directors or Executive Committee, an elected officer of the Executive Committee will be appointed as a liaison to each Committee.
COMMITTEES
DISCIPLINE COMMITTEE
As set forth and provided in Article VII of these By-Laws, a Discipline Committee shall be appointed.
APPEALS AND PROTEST COMMITTEE
As set forth and provided in Article VII of these By-Laws, an Appeals and Protest Committee shall be appointed.;
FINANCE COMMITTEE
The Finance Committee shall, periodically as it may determine, review with the Treasurer the books and accounts of HSC. With the consent of the Board of Directors or the Executive Committee, the Finance Committee may arrange for a separate audit of the books and accounts if, in its discretion, the Finance Committee deems such action appropriate.
APPOINTED OFFICIALS
SLECT PROGRAM DIRECTOR
The President, with the consent of the Board of Directors, may appointe a Select Program Director, who shall be an ex-officio member of the Board and whose duties shall be:
A. to administer and implement the League Select Program of HSC; and
B. to administer and implement Regional Select Programs of HSC at all levels.
SCHEDULES AND GAMES DIRECTOR
The President, with the consent of the Board of Directors, may appoint or contract with a Schedules and Games Director, who shall be an ex-officio member of the Board and whose duties shall be:
A. to develop and disseminate, or to arrange for the development and distribution/publication of schedules of league games each season;
B. to determine standings of teams periodically throughout each season; and
C. to perform such other duties as may be delegated by the President.
DIRECTOR OF GAME DAY OPERATIONS
The President, with the consent of the Board of Directors, may appoint or contract with a Director of Game Day Operations, who shall be an ex-officio member of the Board and whose duties shall be:
A. to oversee and administer the referee programs of HSC;
B. to oversee and supervise the Referee Assignors independently contracted by HSC;
C. to develop and implement appropriate procedures for assigning referees to HSC games;
D. to develop and implement such training and other programs (with approval of the Board of Directors or the Executive Committee) as may be appropriate to facilitate the evaluation and improvement in the level of officiating within HSC; and
E. to perform such other duties as may be delegated by the President.
VII. CONFLICTS OF INTEREST
Whenever there is a direct or perceived conflict of interest, the applicable person, or persons, is obligated to divulget the conflict of interest and recuse themselves from actig on or upon the conflicting item or situation. All members, officers, elected officials, appointed officials, volunteers, employees, business associates or family members of any of the foregoing shall be required to abide by such policy.
VIII. RESTRICTIONS
No officer referred to in By-Law 401 may:
- receive compensation (except for reimbursement for expenses) for services as an officer, or
- be a paid employee of, or receive compensation (except reimbursement for expenses) from HSC
IX. FISCAL YEAR
The fiscal year of this Association shall begin on the first (1st) day of July and end on the thirtieth (30th) day of June.
X. PARLIAMENTARY PROCEDURES
Meetings of the Board of Directors shall be conducted according to the form prescribed in Roberts Rules of Order Newly Revised, unless otherwise provided, or unless relaxed or modified at the commencement of any meeting.
The First Vice President shall act as Parliamentarian and shall be the final arbitrator on all parliamentary procedures.
XI. QUORUM
At all meetings of the Board of Directors, a simple majority of Directors (exclusive of ex-officio members and vacant positions) shall constitute a quorum for transaction of business. At the Annual General Meeting and at other general meetings, a simple majority of directors shall constitute a quorum for transaction of business.
XII. DISCIPLINARY AUTHORITY
HSC shall conduct business with due respect for the spirit of the game and the benefit of the players. In accordance therewith, the Board of Directors and the Executive Committee shall have the right and authority to suspend, bar completely, or otherwise discipline any player, coach, manager, team assistant or officer from any team for due cause. The Board of Directors may delegate its disciplinary authority to the following committees, and such others, as in its sole discretion, it deems appropriate.
DISCIPLINE COMMITTEE
The President shall appoint a standing Discipline Committee chaired by the First Vice President. This Committee will be responsible to review game reports and referee reports to determine what, if any discipline may be warranted by reason of the reported conduct of players, coaches, team officials and spectators. In the fulfillment of its responsibilities, the Discipline Committee may rely on the game report, the referee report, or other information available to it in determining the appropriate discipline.
PROTEST AND APPEALS COMMITTEE
The President shall appoint a standing Protest and Appeals Committee, that the President will chair. This committee shall hear appeals from any discipline imposed in excess of any prescribed minimum penalty and may hear any other matters of discipline referred to it by the Discipline Committee, the Board of Directors, or the Executive Committee. This committee shall be the highest level of appeal in HSC for matters referred to it.
XIII. PROMULGATION OF RULES AND REGULATIONS
The Board of Directors is empowered to adopt such Rules and Regulations for the administration of HSC as the Board of Directors or the Executive Committee, in their sole discretions, may deem appropriate, provided that neither the Board of Directors nor the Executive Committee shall hereby have any authority to modify any provision of the Constitution or the By-Laws by the promulgation of a Rule or Regulation. Rules and Regulations may include (but are not limited to) fees for club and team participation, disciplinary standards; age limits for participation; methods for procurement of uniforms, triphies, plaques, awards, computer and other office equipment, supplies, etc. The Rules and Regulations may be announced and set forth in the Club’s Handbook, on the Club’s web page, via U.S. mail, via electronic mail, or other communications.
XIV. REMOVAL OF OFFICERS
The Board of Directors, pursuant to the following procedures, may remove any officer or Director for cause:
- Any officer/Director who fails/ceases to meet the requirements of his or her office may be removed summarily
- In all other cases of removal, the officer/Director proposed to be removed and all members of the Board of Directors shall be notified no later than ten (10) calendar days before the next regularly scheduled Board meeting that a recommendation in the form of a motion shall be presented seeking to have that officer/Director removed.
- Upon the motion being duly made and seconded, the officer/Director shall be afforded the opportunity to appear and present evidence and/or information (including a statement) before the Board.
- Upon an affirmative vote of two-thirds (2/3) of the Board members present the officer is so removed.
XV. CHANGE OF CONTROL
The club cannot merge, be acquired or have any other change in control without an 80% approval of Directors as well as a majority of Founding Members still active within the Club. Founding members must attend at least 2 of the 4 required annual meetings to maintain their status.
Founding members constitute the following individuals:
PJ Farrell
Ned Neuberger
Al Pantaleone
Ron Santangelo
Janice Warner.
XVI. AMENDMENTS TO BY-LAWS
Changes or amendments to these By-Laws may be made at the Annual General Board of Directors meeting in June or a special meeting called by the President on behalf of the Executive Committee or the Board of Directors upon affirmative vote of the majority of the Board of Directors. Notice of the proposed changes or amendments to these By-Laws must be made in writing at least forty-five (45) calendar days prior to the meeting. The Secretary shall cause to be sent all Directors of record copies of the proposed amendments no fewer than thirty (30) days prior to the Annual General Meeting.
Approved changes or amendments shall become effective at the adjournment of the Annual General Meeting.
XVII. LEGAL ACTION
No official, team, referee, player, or other associated individual of HSC may invoke ade of the courts of any State or of the United States without first exhausting all available remedies within the appropriate soccer organization set forth in the Constitution and By-Laws of the NJYSA, USYSA and USSF.
- For any violation of this rule, the offending parties shall be subject to the sanctions of suspension and fines, and shall be liable to HSC and/or the NJYSA, USYSA or USSF for all expenses, including but not limited to those set forth below, incurred by any such organization, or their affiliates and officers in defending each court action:
A. court costs;
B. attorney’s fees;
C. reasonable compensation for time spent by officers and employees in responding to and defending against the allegations in the action, including responses to discovery and court appearances;
D. travel expenses; and
E. expenses for holding special HSC and NJYSA Board of Directors or Executive Board meetings to discuss the court action.
- No official, team, referee, HSC officer, coach, player or the representative of any of the foregoing individuals may be returned to good standing until litigation has ended and all costs, fines fees, and expenses paid, unless the return to good standing is decided by the HSC Board of Directors in the exercise of its sole discretion.
XVIII. IGNORANCE OF CONSTITUTION AND BY-LAWS
Ignorance of this Constitution and By-Laws and the requirements of each is not sufficient excuse of any failure to abide by the Constitution or By-Laws and violators may expect appropriate action by the governing bodies of HSC.