BYLAWS
September 2008
NAME
The name of this corporation shall be USA Track & Field Utah
Association. The acronym USATF Utah shall be used for the purposes of brevity
or for the use in a logotype.
As used in these Bylaws:
Active athlete: means any individual who is actively engaged in athletics by competing
in at least 1 USATF sanctioned event in the 12 months preceding the election
defined at August 1 through July 31 for an annual meeting taking place in
September or who has represented the United States in international competition
held under USATF or IAAF jurisdiction in athletics within the preceding ten
(10) years.
Armed Forces: means
the United States Air Force, the United States Army, the United States Marine
Corps, and the United States Navy.
Association: means
the local organization, which administers a geographically defined area, and
bears a name, which shall include its geographic description and “USA Track
& Field” or an abbreviation thereof.
Athletics: means
inclusively, track and field, long distance running, cross country running,
road running, race/fitness walking, and any other sports discipline recognized
by USATF and the IAAF.
Board: means
the Board of Directors of this Association. President,
Vice-President, secretary, Treasurer, Chairs of Sports Committees and the
chairs of administrative committees.
Club: means
a local or national organization whose programs involve competitive member
athletes, events, and/or education in athletics.
Coaches: means any individuals whose vocation includes the
administration or coaching of school/college/community Athletics or who are
USATF-certified coaches.
Committees: means
those individuals whom are elected or appointed to serve in a specific
discipline or event.
Executive Committee: means the officers, President, Vice-President,
Secretary and Treasurer
IAAF: means
the International Amateur Athletic Federation.
NGB: means
National Governing Body.
Sports organization: means any member of USATF-Utah Association which is a
non-profit corporation, club, federation, union, association, or other group
organized in the state of
USATF: means
USA Track & Field.
The purposes of this Association are to act as the governing body for
Athletics in the state of
1. Development of the sport: Developing interest and participation in Athletics
throughout the state of
2. Coordination of scheduling: Minimizing, through coordination with other sports
organizations, conflicts in the scheduling of all practices and competitions in
Athletics;
3. Communication with active athletes: Keeping athletes active in the sport of Athletics
informed of all policy matters and reasonably reflecting the views of such
athletes in the policy decisions of this Association;
4. Sanctioning of events: Sanctioning competition in Athletics in accordance
with the provisions of these Bylaws and the Operating Regulations;
5. Participation in competition: Providing for the participation by athletes in
competition in Athletics, in accordance with the provisions of these Bylaws and
the Operating Regulations;
6. Equitable support for athletes: Providing equitable support and encouragement for
participation by athletes in Athletics;
7. Support for the disabled in
Athletics: Encouraging and
supporting sports programs in Athletics for handicapped individuals;
8. Coordination of technical
information: Coordinating and
providing technical information on physical training, equipment design,
coaching, and performance analysis;
9. Coordination of certification and
education: Providing the means
for certification of coaches and officials throughout the state of
10. Research of the sport: Encouraging and supporting research, development, and
dissemination of information in the areas of sports medicine and sports safety
in Athletics; and
11. Encouragement of open competition: Encouraging open competition between athletes to the
extent permitted by USATF and the IAAF.
ARTICLE IV
AUTHORITY
This Association shall be the local governing body for Athletics in the
state of
1. USATF representation: Representing
the state of
2. Establishment of local goals: Establishing local goals and encouraging the
attainment of those goals in Athletics;
3. Coordination of Athletics: Serving as the coordinating body for the activity in
Athletics in the state of
4. Jurisdiction over competition: State: Conducting competition in Athletics, including state
championships in the state of Utah, and establishing procedures for the
determination of eligibility standards for participation in such competitions,
except for restricted competition referred to in the proviso below;
Provided that
any sports organization, which conducts Athletics competition, participation in
which is restricted to a specific class of athletes (such as high school
students, college students, members of the Armed Forces, or similar groups or
categories), shall have exclusive jurisdiction over such competition.
This Association shall be autonomous in its
governance of Athletics in the state of
MEETINGS
1. Annual meeting: The annual meeting of
this Association shall be held in September of each year, at such date, time,
and place as may be fixed by this Association upon recommendation of the Board,
and announced by requisite notice of such meeting.
2. Special meetings: Special meetings of
this Association shall be held when requested by the President or two (2)
members of the Board at least 2 members of the executive board must be present.
3. Quorum: A majority of the officers of
this Association and the chairs of the sports committees and administrative
committees or their delegates, shall be present to establish a quorum for the
conduct of business.
4. Meeting notices: The Secretary shall
give each certified delegate fourteen (14) days written notice of all meetings
of this Association. Such notice to specify the time an
place of the meeting and, in the case of a special meeting, the purpose of the
meeting. The membership chair shall send
a postcard mailing to all current members with notification of the upcoming
committee elections and annual meeting elections by July 1st in an
election year. Members may be directed
by the mailing to the association website for election details.
5. Emergency Meetings: Confirmation of
notification and purpose will be established when an emergency meeting is
called by a board officer.
6. Order of business: the President shall
determine the order of business. Members of the Board may recommend changes to
the order of business and/or the addition of other items. These recommendations
shall be approved or modified by a majority vote of the delegates. The meetings
shall be conducted according to the following agenda:
Agenda:
7. Resolutions: Unless waived by a
two-thirds majority at the meeting, resolutions to be acted upon by the
Association, which are submitted by anyone other than an officer, shall be
considered only if they were presented to the Secretary of the Association,
with a copy to the President at least forty-five (45) days prior to such
meeting. Such resolutions shall be included, if possible, with the notice of
meeting or meeting agenda or delegate packet.
a. Each
resolution shall contain a section entitled “Reasons” supplied by the
submitter, which shall recite the rationale for adoption.
b. Each resolution, upon submission, shall
be referred to the chair of each affected committee so that the chair may
report on the effect of the resolution on the committee or their activities during
the meeting which the resolution is being considered.
c. Each resolution to be acted upon by this
Association that requests funds or involves; requires or affects the spending
of monies shall, upon submission, be referred to the treasurer for oral and/or
written reports as to the cost and financial effect upon this Association. The
report shall be disseminated and considered at the time that this Association
considers the resolutions.
8. Credentials: The following shall govern
the credentials of the delegates and committee representatives to the meetings
of this Association
a. Beginning on August 1st for a
September election, members may declare as voting delegates for the annual
meeting by emailing or calling the association office indicating their name, USATF number and
constituency represented.
b. Challenges to delegates and alternates:
Challenges to the credential of any delegations, delegate, alternate, or
petitions to seat uncertified delegations, delegate, alternate
shall be made to the Membership Committee chair prior to the beginning of the
meeting. If a challenge is made, it shall be referred to the Membership
Committee, which shall report its findings and recommendations, if any at the
beginning of the meeting. At that time there shall be a vote on all challenges
and petitions. Each challenge or petition shall be voted on separately, except
that challenges and petitions relating to the same delegation may be combined.
A challenged delegate or alternate shall not vote regarding the delegates own
credentials, but until and unless a challenged delegate is voted upon
unfavorably, the delegate or alternate may vote on other challenges and
petitions. An uncertified delegate shall have no voting power, until and unless
voted upon favorably by this Association. After the voting upon challenges and
petitions of credential (if necessary), only duly certified and previously
unchallenged alternates may replace absent delegates.
c. Challenges to committee representatives:
Challenges to certified committee representatives and petitions by uncertified
committee representatives to be seated shall be heard and voted upon by that
committee. A challenged committee representative shall not vote in any vote
regarding his or her own credentials, but until and unless a challenged
committee representative is voted upon favorably, he or she may vote on other
challenges and petitions. An uncertified committee representative shall have no
voting power whatsoever until and unless voted upon favorably by the committee.
9. Rules of order: Roberts Rules of Order (Newly Revised) shall be the accepted rules of order. In instances where Roberts Rules of Order conflict with the provisions of these Bylaws, in such instances these Bylaws prevail
ARTICLE VI
VOTING
1. Supervision: The Membership Committee
shall oversee all elections and balloting of this Association.
2. Voter Privileges: Each delegate shall
have one (1) vote. There shall be no voting by proxy. No delegate may vote in
more than one capacity. Except as otherwise provided in these bylaws, all
matters shall be decided by majority vote of those present and voting.
3. Minimum age: Voters must be a minimum of
age eighteen (18) on the day of the election or, in the case of a mail ballot,
on the day the ballots are due.
4. Voting membership deadline: Except for
renewals from the previous year, individuals must be members in the month that
ends more than one full month preceding the election (e.g. if the election is
held at any time in September, the membership must be processed by July
31). Renewals must be processed prior to
the start of election proceedings. A
motion shall be made prior to accepting nominations from the floor to close the
renewal process.
5. Mail balloting: Upon majority vote at a
duly convened meeting, this Association may authorize the conduct of a vote
through the distribution and /or the collection of ballots using the mail
facilities of the U.S. Postal Service or any service that may be authorized;
the full procedure and subject matter for the vote shall be set forth in the
authorizing resolution. No such mail vote shall be authorized to effect the
amendments to these bylaws.
6. Voting: The following applies to
motions, resolutions, and uncontested elections:
a. Motions and resolutions: Motions and resolutions shall generally be by the show of hands. A roll call vote or, if specifically requested, a written ballot shall be taken instead of a show of hands vote upon oral or written petition of at least one (1) delegate that is seconded by a delegate from another delegation.
b. Uncontested
elections: When only one (1) candidate or site is nominated, a show of hands
vote shall be permitted.
7. Employees and election: Current
employees (working within the past ninety days) shall not participate in any
part of the elections process (nominations or campaigning), but may, at the
discretions of the Association, be permitted to vote if they are members and
otherwise eligible.
8. Elections: Contested elections shall be
decided by the delegates at the annual meeting of this Association in the
following manner:
a. Terms of Office:
1. Officers shall be elected at each
even-numbered years annual meeting for two (2) year terms;
2. USATF delegates shall be elected at the
annual meeting, including alternates that meet the qualifications to be USATF
delegates as specified in USATF Bylaws.
3. Special elections may be held at any
annual meeting and as approved by the Board.
b. .Declarations and Nominations:
1. Any member of the Association may declare
candidacy for an officer position in the Association and he/she must be at least 18 years of age at the start of the term of office.
2.
Candidates for office shall declare at least twenty-eight (28) days
prior to the annual meeting or special election. The notice of meeting and/or the delegate packet
may contain an optional one-quarter (1/4) page biographical sketch prepared by
each candidate.
3. All
candidates shall be seconded by a delegate at the annual meeting or special
election.
4. Further nominations may be made from the
floor during the annual or special meeting, per the order of new business. No
nomination may be made for an absent person unless that person has notified the
Membership Committee in writing of his or her willingness to accept that
specified nomination.
5. Prior to the consideration for the next
office listed, this Association must approve closing the nominations for the
previous office and hold the election for that office. For example, open floor to nominations, close
nominations, caucus, vote for president. Repeat procedure for vice-pres, secretary and
treasurer.
c. Campaigning:
1.Candidate speeches shall be limited to three (3) minutes and
shall be conducted as prescribed in these bylaws. All speeches for each
position shall be called alphabetically.
2.Prior to the election, this Association shall through the
association committees, provide adequate forums for all candidates of office to
be heard and questioned by delegates and members.
3. Committees shall not make recommendations for general offices within
the Association.
d..Election Procedures:
1. Voting in
the annual meeting of this association shall take place by a balanced meeting
ballot, where by 300 total votes will be available and will be distributed as
follows:
30 votes to officials, 30 votes to coaches, 30 votes to registered
clubs (member organizations), 60 votes to active athletes, and the remaining 150
votes to other eligible voters.
In the case where more than 30 member organizations are present and
eligible to vote, one vote per organization shall be guaranteed.
2. In contested elections a secret ballot shall be
used. Any ballot opened outside the presence of the entire voting panel shall
not be counted. Constituencies with more
individuals than votes shall be allowed to caucus before the elections to
determine the apportionment of votes by straw poll. The % of votes cast by straw poll will
indicate the % of that constituencies vote for each candidate. For example:
If 15 officials are present and eligible to vote, they shall cast their
votes in caucus. If 8 people vote for
candidate A and 7 vote for candidate B, the officials
constituency shall cast their vote as 5.3 votes for candidate A and 4.7 votes
for candidate B. Calculated
by dividing the number of votes for each candidate by the total number of
voters. ie 8 divided by 15 equals .533333 which equates to
5.3 votes. 7 divided by 15 equals
.466666 which equates to 4.7 votes. (4 and under rounds down, 5 and above rounds up.)
3. In an
athlete caucus, youth (18-year old), open (non-international ages 19-39),
international (“ten-year” rule regardless of age), and masters (40-and-above)
athletes must each be as equal as possible, regardless of the number of
athletes present from a division. For
example, if 1 youth is present, 1 open, 1 international and 25 masters, then the 25 masters shall caucus to determine how
their 17 votes are cast.
4. In the event
that a constituency has fewer eligible voters present than their allotted
number of votes, that constituency shall only be allowed to cast one vote per
voter.
5 The
Membership Committee shall distribute ballots to all caucus chairs or delegates
present at the meeting. Ballots shall include the names of candidates (which
have met the twenty-eight [28] day declaration deadline) for each
respective office, listed in alphabetical order as well as space for
nominations, which have passed from the floor.
6
Ballots
shall be collected, and held secure by the Membership Committee. A panel of at
least three (3) individuals, at least one (1) of whom must be an athlete, shall
count the ballots and sign the tally. All panel members shall be of voting
age. The panel shall not include any
individual who is a candidate for a contested office. The President and
Secretary of the Association shall verify the results. Once verified the chair
of the Membership Committee shall announce the results.
7 In the event
that no candidate receives fifty-one (51 %) percent of the vote the field shall
be narrowed to the two (2) candidates which received the greatest number of
votes and a run-off election shall be held under the direction of the
Membership Committee. Following the afore mentioned
provisions, the chair of the Membership Committee shall announce the results.
8. Protest of the results must be filed within thirty
(30) minutes of their posting. Upon such protest the President, or the
highest-ranking officer not involved in the protest, shall select three (3)
delegates to investigate the protest. The decision of the protest committee
shall be final.
9
All
vote totals shall be recorded in the minutes of the meeting.
10 Majority Requirement: No candidate shall
be declared to have won an election without receiving votes from a majority of
the ballots cast for the position in question.
11 All voters
must be USATF members prior to the election.
See “Voting Membership Deadline” number 4 above. Individuals representing clubs (member
organizations) must hold a current individual USATF membership.
e Committee Elections: The following are general rules for committee elections:
1. The Membership Committee may, upon request from the chair of the committee, supervise and/or conduct elections held within that committee.
2. Association Officers shall be notified of any committee election at least seven (7) days in advance of such election.
3. Committees shall make every reasonable effort to notify committee members of such election.
4. Written ballots shall be used for all contested elections.
5. Run-off elections shall be conducted in accordance with the majority requirement (see paragraph 5 above); and,
6. Regardless of internal committee rules, only those members of a committee set forth by these Bylaws of this Association, as bona fide members shall be eligible to vote.
f. Election Notice:
1. Distribution: Notice must be distributed by mail, newsletter, local Association web site and/or the National Office’s web site.
2. Web site use: If a web site is to be used to inform members of the elections, then members must be informed where to find information on the web site through a mailing or newsletter.
3. Prior arrival: The initial meeting notice must be sent by means under which it will arrive at least thirty (30) days prior to the beginning of the elections process.
4. Changes: any notice of a meeting change or a change in the election process must be at least fourteen (14) days prior to the meeting.
ARTICLE VII
OFFICERS AND THEIR DUTIES
1. Positions: The officers of this
Association shall be: a President, a Vice President, a Secretary, and a
Treasurer.
2. Duties: The officers shall perform the
following duties as well as any other duties prescribed by these Bylaws, this Association, or the
Board.
1. Elections: All officers are to be
elected biannually, at the even-year annual meeting of this Association, by
delegates to this Association. A person may not hold the position of President
and any other officer position, or Vice President and any other officer
position; however, a person may be named in other dual capacities to fill a
vacancy.
2. Succession and Vacancies: There shall be
no order of succession to any office. In the event that an officer resigns or
is unable to serve, the Board shall name a successor for the un-expired portion
of his or her term.
3. Removal from Office: Any officer of this
Association may be removed for good cause by a two thirds vote of those
delegates of this Association present and voting at an annual meeting or
special meeting called for the purpose, and provided the requisite notice for
such meeting (see Article 6 ) shall properly be set
forth on its agenda the removal vote.
ARTICLE VIII
BOARD OF DIRECTORS
1. Composition: The Board of Directors
shall be composed as follows:
2. General Provisions:
1. Each resolution shall contain a section entitled “Reasons” supplied by the submitter, which shall recite the rationale for adoption;
2. Each resolution, upon submission, shall be referred to the chair of each affected committee by the Secretary for a report or reports as to the effects of the resolution on the committees or their activities and the committees’ recommendations, which shall be announced and disseminated at the time of consideration of the Board; and,
3. Each resolution to be acted upon by the Board that requests funds or involves, requires, or effects the spending of monies shall upon submission, be referred to the Treasurer, the Secretary, and the President for oral and/or written reports as to the cost and financial effect upon this Association. The reports shall be disseminated and considered at the time that the resolutions are being considered by the Board.
3. Elections or appointment of members: All
members of the Board shall be elected or appointed (as the case may be), no
later than sixty (60) days after the annual meeting of this Association with
the exception of the appointment of unfilled committee chairs in accordance
with the provisions of these Bylaws).
4. Terms: The terms for all Board members
shall be two (2) years, except as otherwise provided.
5. Quorum: A majority of the officers of
this association and the chairs of the sports committees or their delegates
shall be present to establish a quorum for the purpose of elections.
6. Voting: Except as otherwise provided
herein, all matters shall be decided by majority vote of those present and
voting. There shall be no voting by proxy.
7. Mail Balloting: Upon a majority vote at
a duly convened meeting, the Board may authorize the conduct of a vote through
the distribution and/or collection of ballots using the U.S. Postal Service or
any service that may be authorized. The procedure and subject matter shall be
set forth in the authorizing resolution.
ARTICLE IX
EXECUTIVE COMMITTEE
1. Duties and Responsibilities:
1. Duties of the Executive Committee: Implement the actions and motions of the Board of Directors between Board meetings.
2. Strategic planning: Be responsible for developing and reporting annually to the Board for adoption a strategic plan for this Association;
3. Staff: Present to the Board recommendations regarding the making of employment contracts, and oversee the setting of compensation for senior personnel;
4. Communications: Report to the Board all agreements and decisions made by the Executive Committee (including telephone conference calls) in summary form no later than the next Executive Report; and,
5. Other functions: Perform other such functions as may be authorized by the Board.
2. Make-up: The Executive Committee shall consist of the officers and all sport committee chairs.
3. General Provisions:
1. Terms of office: Unless provided for otherwise, the terms for members shall be two (2) years.
2. Meetings: The committee may conduct its affairs either at a meeting or, at the discretion of the President, by a telephone conference call. At least seven (7) days notice of any meeting and at least twenty-four (24) hours notice of any conference call shall be given to all members of the Executive committee.
3. Notification of the Board: All members of the Board shall be promptly notified by the President or his or her designee in writing of any decision made by the Executive Committee.
4. Quorum: A quorum of the Executive Committee shall consist of a majority of its voting members.
1. Committees: The committees of this
Association shall be of four (4) types, sport, administrative, special, and
temporary and may include the following:
Sport:
Men’s Track and Field
Women’s Track and Field
Men’s Long Distance Running
Women’s Long Distance Running
Men’s and Women’s Race/Fitness Walking
Masters Track and Field
Masters Long Distance Running
Youth Athletics
Men’s and Women’s committees may be combined. Masters committees may
also be combined.
Administrative:
Membership
Officials
Sports Medicine /Sports Science
Special:
Media
Coaching Education
Events
Public Relations
Temporary:
As may be established according to the provisions of these Bylaws.
2. Establishment:
3. General Provisions: The following
provisions apply to all of this Association’s committees:
1. Term of membership: Unless provided for otherwise, the term for members to all committees shall be two (2) years.
2. All committee chairs, whether elected or appointed, must be at least 18 years of age and members of the Association. Chairs shall be elected or appointed for specific terms which are determined prior to the voting for the position.
ARTICLE XI
SPORTS COMMITTEES
1. Duties: Each sport committee shall
operate in the following manner:
3. Have the right to reject any entries for competition (if deemed objectionable) at any Association/State championship, and may delegate this right to a subcommittee;
and,
1. Except upon majority vote of those
present, allow the attendance at its meetings of Athletics coaches, officials
or representatives of any group engaged in the sport, allowing such invitees
voice but no vote; and,
2. Promote and develop activities related
to its sport.
2. Election of a Chair: Each sport
committee shall, at its annual meeting, elect its chair if the current chair’s
term expires in that year.
3. Make-Up: Each sport committee shall be
constituted as follows
ARTICLE XII
ADMINISTRATIVE COMMITTEES
Administrative committee guidelines: All administrative committees shall have such purposes as set forth in these Bylaws;
1. Membership Committee:
4. Review organization memberships annually for the purpose of insuring that all such members maintain the minimum membership standards during the period of membership in this Association. In the event that any member fails to maintain such standards, the committee shall report that fact to this Association and may include in such a report a recommendation of appropriate action;
and,
2. Officials Committee:
1. Duties and Responsibilities: The
committee shall:
1. Certify, train and generally supervise
officials of Athletics, under such rules and procedures consistent with the
directives of the national committee as it may adopt;
2. Monitor the overall requirements for the
training and certification of officials;
3. Develop and maintain instructional
programs for officials;
4. Encourage the use of standard uniform
attire to be worn when officiating; and,
5. Have the responsibility to:
1. Designate pre-certified officials;
2. Certify Association-level official; and,
2. Make-up:
1. Officials of the Association;
2. Elected officers and other positions:
any person elected by the committee to serve in an officer position;
and,
3. Active athlete members: That number of
active athlete members which shall be at least twenty percent (20%) of the
total committee.
3. Sports Medicine and Sports Sciences:
1. It shall consist of a. chair selected by
the President;
2. This committee shall have an executive
committee with the following duties, responsibilities, and composition:
1. The executive committee shall meet,
either in person or by conference call, from time to time at the call of the
chair (with at least five [5j days’ notice, which may be unanimously waived) to
carry out the business of the committee between its regular sessions, provided
that ail minutes of the executive committee shall be promptly circulated among
committee members of the entire committee and the Association officers;
2. The committee shall consist of up to 12
members. If the committee consist of twelve (12) members, at least two (2) of
the members of the committee shall be active athletes; and,
3. This committee shall have the ability to organize subcommittees as it may require. The chairs of each subcommittee must be approved by the President after consultation with the chair. The make-up and number of subcommittees shall be determined by the executive committee with the approval of the President.
3. Duties and Responsibilities: This
committee shall:
1. Study the correlation between health and
sports and make recommendations concerning the conduct of Athletics;
2. Conduct sports medicine and sports science
seminars as needed by the Association;
3. Assist and advise sport committees in
areas of physiological testing, biomechanical
analysis, psychological preparation for competition and
nutrition;
4. Develop and distribute periodic
newsletters, position statements, and other medical information to the
Athletics community through all available channels;
5. Provide information and advice to
athletes, coaches, and this Association concerning pharmaceuticals and the
prevention and care of injuries, illness, and environmental stresses; and,
6. Provide references to technical
knowledge, understanding, and applications of sports-related sciences which
relate to the improvement and development of Athletics.
ARTICLE XIII
SPECIAL COMMITTEES
Special committee guidelines: All special committees shall have such
purposes as set forth in these Bylaws;
1. Athletic Business Standards:
2. Coach/Athlete Education:
1. Administer and follow the National USATF
coaching curricula and certification program. Organize and conduct clinics to
train and instruct athletes and coaches.
2. Develop and monitor a certification
program to augment the educational system.
1. Create the appropriate materials and
manuals to assist the instructors and trainees.
2. Administer the seminars and clinics to
train the necessary instructors.
3. Evaluate methods of training,
instruction, and certification;
3. Coordinate the above activities with all
interested committees of this Association.
4. Have the right to create subcommittees
and an executive committee to carry out its duties and responsibilities.
3. Events:
ARTICLE XIV
TEMPORARY COMMITTEES
1. Temporary Committee Guidelines: All
temporary committees shall have such purposes and such make-up as the President
shall determine in consultation with the Vice President and any committee
chairs who might be affected. In the document which
announces the creation of a temporary committee, the following shall be set
forth:
ARTICLE XV
DISCIPLINARY AUTHORITY
1. Disciplinary Authority: This Association
shall have the authority to discipline any member, delegate, athlete, coach,
manager, official, trainer, member of any committee, and any other person or
entity participating in Athletics who, by neglect or conduct, (i) acts in a manner detrimental to the purposes of this
Association or Athletics, or (ii) has violated any of the Bylaws, Operating
Regulations, or Rules of this Association, or (iii) has violated the rules of
eligibility, as defined by USATF or the IAAF.
2. Disciplinary Recommendations: An officer or committee chair may recommend that this Association, pursuant to this Article and the procedures set forth in Association Operating Regulations, should discipline a member, delegate, athlete, coach, manager, official, trainer, member of any committee, and any other person or entity participating in Athletics. Violations of rules of eligibility, as defined by USATF, or the IAAF shall be forwarded to USATF for action.
3.
Removal from office:
Any officer or committee chair of USATF Utah may be removed for good
cause by a two-thirds vote of those delegates of USATF present and voting
at an annual meeting or special meeting called for this purpose, and
provided the requisite notice for such meeting (see Article V) shall
properly set forth the removal vote on its agenda.
ARTICLE XVI
FORMAL GRIEVANCE,
REDRESS OF GRIEVANCES, AND DISCIPLINARY PROCEEDINGS
A.
Grievance Defined: A grievance may be any matter within the
cognizance of USATF Utah, and shall be filed and administered in accordance
to the following procedures:
B.
Jurisdiction: This Association shall have jurisdiction over all
disciplinary and formal grievance proceedings relating to matters that
arise within the boundaries of the Association, except sexual misconduct
allegations and doping violations which shall be under the jurisdiction
of USATF. All penalties imposed by an Association shall be effective
only within the jurisdiction of that Association.
C. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP):
D. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF that occurs in the jurisdiction of this Association:
E. Disciplinary matters: USATF Utah shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to the following:
F. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by the Association or AAP. All parties::
G. Initiation of proceedings: Formal grievances shall be initiated as follows:
H.Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the Association Secretary:
I. Answer:
The person(s) or entity(ies) named in a Complaint (respondent(s)) must
submit a written answer to the Association Secretary within thirty (30)
days after receipt of the letter notifying respondents that a proceeding
has been filed (?Notice of Proceeding?). A copy of the Answer shall
be forwarded by the Secretary to the complainant (the party filing the
Complaint) and the AAP panel. The failure of respondent(s) to answer
within thirty (30) days after the receipt of the Notice of Proceedings
will be deemed a waiver by respondent of the opportunity to have a hearing
or have an appeal of any adverse decision. Upon such failure, and after
confirmation of the receipt of the Notice of Proceeding by all parties,
the hearing panel may proceed in the absence of the respondent and may
decide the matter with or without a hearing and with or without taking
testimony and evidence, as it deems appropriate. If a party raises a
hearing panel challenge under Regulation, the panel chair may extend
the time to answer.
J.Challenge
to arbitrator(s): Within fourteen (14) days following the
receipt of the Notice of Proceedings any party to the hearing may challenge
the seating of any AAP panel member, on the ground that the panel member
may not be impartial. The panel chairperson may extend the time to answer
if a panel member is challenged. Failure to bring a timely challenge
against the seating of an AAP arbitrator constitutes a waiver of such
challenge.
K.Hearing procedures: The following procedures apply to formal grievance, and other hearings:
J.AAP decisions and opinions: The following shall pertain to AAP final decisions and opinions rendered in hearings and appellate proceedings:
ARTICLE XVII
SANCTIONS
The general sanction provisions of this Association appear in the
Article. Additional regulations may appear in Association Operating
Regulations.
1. Types of competition: Sanctions may be
issued for track and field, long distance running, cross country running and
race/fitness walking.
2. Sanctioning Policy: If this Association
does not determine by clear and convincing evidence that holding or sponsoring
an Athletics competition would be detrimental to the best interest of the
sport, this Association shall promptly grant a sanction request by a sports
organization or person(s), provided all the requirements for a sanction have
been satisfied.
3. Sanction requirements: Sanctions are
issued, withheld, or withdrawn in accordance with the following requirements
and provisions of USATF Operating Regulations.
1. Pay to this Association any required
sanctioning fee, if such fee is reasonable and nondiscriminatory;
2. Comply with any and all provisions of
the Sanction.
3. Demonstrate that:
1. Appropriate measures have been taken to
protect the status of athletes who will take part in the competition and to
protect their eligibility to compete in future Athletics competitions:
2. Appropriate measures have been make for
the validation of records which may be established during the competition;
3. The competition will be conducted by
qualified officials;
4. Proper medical supervision will be
provided for athletes who will participate in the competition;
and;
5. Proper safety precautions have been
taken to protect the personal welfare of the athletes, officials, and
spectators at the competition.
FISCAL AND LEGAL MATTERS
1. Fiscal Year: The fiscal year of this
Association is January 1 through December 31.
2. Depositories: The Board shall, from time to time as necessary, designate depositories for funds, property, and assets belonging to or under the control of this Association.
1. Signatories: Funds on deposit in banks may be withdrawn only by voucher check upon the signatures of the Treasurer or Secretary and President or Vice President. Other assets or property of this Association may be transferred from one depository to another by action of the Board.
3. Indemnification: This Association shall
follow the provisions of the National Bylaws with regard to this matter.
4. Audit schedule: The Board shall select
an auditor to audit the books and financial records of this Association every
even numbered year. After completing the audit, the auditor shall submit a
report to the Board , and thereafter as reasonably
possible a copy of such audit report shall be made available for each member of
this Association before the next annual meeting.
5. Legal Counsel: The General Counsel shall
be appointed by the President with the approval of the Board. The General
Counsel shall be responsible for overseeing the legal affairs of this
Association, render legal advice and assistance, and perform such duties as the
President or Board may request. The General Counsel shall have the right to the
floor of this Association, its Board, and its committees to comment on legal
matters.
6. Arbitration: This Association shall
follow the provisions of the National Bylaws with regard to this matter.
7. Conflict of interest: Any individual
representing this Association, or who has a financial arrangement with this
Association, or who is an employee of this Association, or who is a member of
any of its committees, shall not participate in the evaluation or approval of a
contract with a supplier to furnish goods or provide services to this
Association, if that individual directly or indirectly, or otherwise receive
any form of compensation from, or has an interest in, any supplier under
consideration. Each individual referred to in the first sentence of this
paragraph shall, upon learning that this Association is proposing to enter into
an arrangement in which he or she has financial interest, promptly notify the
President and Secretary in writing of the existence of such interest, and the
Secretary shall, in turn, promptly disclose such interest to those bodies of
this Association involved in the considering entry into the arrangement. In the
event of a violation of this provision, this Association shall have the right
to recover such benefit or payment and to void the contract or transaction.
DISSOLUTION
Upon the dissolution of the corporation, the Board shall, after paying
or making provisions for the payment of all the liabilities of the corporation,
dispose of all the assets of the corporation exclusively for the purpose of the
corporation in such a manner, or to such organization or organizations,
organized and operated exclusively for charitable, educational, religious, or
scientific purposes as shall be at the time qualify as exempt organization or
organizations under Section 501(c)(3) of the Internal
Revenue Code of 1954 (or the corresponding provision of any future United
States Internal Revenue Law), as the Board shall determine.
SAVING CLAUSE
Failure of literal or complete compliance with provisions of the Bylaws in respect to dates and times of notice, or the sending or receipt of the same, or errors in phraseology of notice of proposals, which in the judgment of the members at meetings held do not cause substantial injury to the rights of members, shall not invalidate the actions or proceedings of the members at any meeting.
ARTICLE XXI
AMENDMENTS
1. General provisions: Amendments shall be
considered by this Association as follows:
2. Exceptions: Notwithstanding paragraph A
above, amendments may be considered at any meeting of this Association in any
of the following circumstances:
3. Uniformity: To make the Bylaws, Operating Regulations, or other rules to conform with each other; and
4. Temporary committees: To add a temporary committee to the Bylaws.
3. Emergency circumstances: In emergency
circumstances, the Board may adopt changes as follows:
1. Vote by the Board: Where immediate relief is deemed necessary, the Bylaws and Operating Regulations may be amended upon vote of the majority of the officers of this association.
4. Submissions: The following provisions
shall govern submissions of amending legislation:
1. Time of submission: Amendments shall be submitted at least forty five (45) days prior to the meeting which they are to be considered, so as to allow proper review and submittal to the delegates of the Association. This forty-five (45) day requirement may be waived, in emergency circumstances, upon a majority vote of the board.
5. Effective date: Unless otherwise
specified at the time of adoption, amendments to the Bylaws and Operating
Regulations shall be effective immediately.