Alaska State Curling Association

Bylaws

Article I

Name

Section 1 - NAME.  The name of this association shall be the Alaska State Curling Association, hereinafter referred to as "The ASCA".

Article II

Location

Section 1 - OFFICE.  The office of the ASCA shall be maintained in Anchorage or Fairbanks as may from time to time be determined by the Board of Directors.

Article III

Powers and Purposes

Section 1 - AFFILIATION  The ASCA is a member of  but not specifically administered by the United States Curling Association (USCA).  The ASCA pledges itself, so far as is compatible with law, to observe and be governed by the rules enacted by the USCA.

Section 2 - GOVERNING BODY.  The ASCA is the governing body for the sport of curling within the State of Alaska and it is autonomous in the governance of its sport in that it independently determines and controls all matters central to such governance, does not delegate such determination and control, is free from outside restraint, and is a member of the United States Curling Association and only one international sports federation (the World Curling Federation, hereinafter WCF) which governs a sport included on the program of the Olympic Games or the Pan-American Games.  The ASCA is prepared to meet the obligations imposed on a national governing body under Article VII, Sections One and Two, of the Constitution of the United States Olympic Committee.

Section 3 - JURISDICTION  The territorial jurisdiction shall consist of the State of Alaska as recognized by the USCA.

Section 4 - PURPOSE.  The purpose of the ASCA shall be to:

a.       Conduct competitions to determine theChampions of the State of Alaska in curling and to select the representatives of Alaska to such national and international competitions as may be appropriate.

b.       Create, develop, and maintain the sport of Curling in the State of Alaska, encourage formation of local curling clubs in the territorial jurisdiction of the ASCA and promote closer association between those engaged in the sport of Curling.

c.       Standardize rules of play governing Curling competition and other Curling events.

d.       Generally promote the moral, physical and mental advantages and development to be derived from the sport of Curling, without profit to the ASCA or to the members thereof.

Section 5 - POWERS.  In pursuance of the purposes hereinbefore set forth, the ASCA shall have the power to enroll Curling Clubs within the State of Alaska, discipline its members, adopt and amend its bylaws, hold curling competition within the territory, own and hold property, collect and disburse funds, and in general administer its affairs for the good of Curling within its territory.

Article IV

Membership

Section 1 - ELIGIBILITY.  Any duly organized Curling Club whose participating members are resident within the State of Alaska and which meets the minimum membership requirements of the ASCA shall be eligible for membership in the ASCA.

Section 2 - MINIMUM REQUIREMENTS.  The minimum requirements of a curling club for membership in the ASCA shall be as follows:

a.       A minimum membership of twenty curlers and payment of the appropriate ASCA and USCA dues for such,

b.       A minimum of one sheet of curling ice, maintained during the club's curling season, and

c.       A regular schedule of curling competition during the club's curling season.

Section 3 - APPLICATION.  Application for membership shall be made to the Secretary of the ASCA in a form as prescribed by the ASCA.  Said application shall state the name of the club, the names of its officers, the list of its membership with mailing addresses and a report describing the activities of the club with respect to the minimum membership requirements.  Said report shall include the dates and times of regularly scheduled play and the names of members participating in such.  Election to membership shall be by a majority vote of the Board or Directors.

Section 4 - NON-DISCRIMINATION.  All members shall be selected without regard to race, color, religion, sex or national origin.

Section 5 - SUSPENSION AND EXPULSION.  Action to suspend or expel a member club may be taken only in case the member club deliberately fails to guide itself by the rules of the ASCA or has been guilty of conduct discreditable to this Association or to the USCA.  A member club may be suspended or expelled only by two-thirds vote of the Board of Directors.

Article V

Board of Directors

Section 1 - GENERAL POWERS.  The government and general direction of the ASCA affairs shall be vested in a Board of Directors.  Subject to the provisions of law and these by-laws and any direction given, or limitation imposed by action of the members, the Board of Directors shall hire such employees, establish such office or officers, retain such counsel and otherwise encourage and conduct the business and affairs of the ASCA as it may deem advisable for carrying out the objectives of the ASCA and these by-laws.

Section 2 - NUMBER AND TENURE.  The number of directors shall be two from each member Curling Club in good standing  plus one (1) member-at-large.  Each Curling Club as set forth under Article III, Section 3, of these by-laws, shall be entitled to two (2) representatives on the Board of Directors.  The representatives shall be selected in accord with such policy as is established by the Curling Club for staggered two (2) year terms.  The member-at-large shall be elected by the Board of Directors for a term of one (1) year.  The term of office for directors shall begin May 1.

Section 3 - VOTING STRENGTH.  The voting strength of the Board of Directors on Important Matters shall be one (1) vote for each director and an additional vote for each fifty (50) members over the initial fifty (50) members, in Curling Club membership each director represents as determined by the secretary as of January 31 each year.  The member-at-large shall be entitled to one (1) vote.

Section 4 - IMPORTANT MATTERS.  Amendments to these by-laws, election of the member-at-large, grievance proceedings, and votes on suspension and expulsion shall be Important Matters.  Only these issues or issues declared an Important Matter by majority vote of the board members shall require voting strength as set forth in this section of these by-laws.  All other issues shall be determined by one (1) vote per board member.

Section 5 - ELIGIBILITY.  No person shall be eligible to serve as a director unless such person is a member of a member curling club in good standing.

Section 6 - QUORUM.  A quorum shall consist of a majority of the director positions, one of which must be the President or the Vice president of the ASCA.

Section 7 - PROXIES.  At any Board meeting, a member entitled to vote may vote by proxy executed in writing by him or his duly authorized attorney-in-fact.  A proxy may either be for a specific purpose or for all purposes.

Section 8 - VACANCIES.  Should a vacancy occur on the Board of Directors through resignation, removal, or death, that vacancy shall be filled by the Curling Club concerned consistent with their policy.  Should that member be the member-at-large, the board shall elect a member to fill the unexpired term.

Article VI

Officers

Section 1 - OFFICERS

a.       The ASCA shall have a President and a Vice President who shall be elected by the Board of Directors from among the members of the Board of Directors for a term of one (1) year, at the first meeting after May 1 of each year.

b.       The ASCA shall also have a Secretary and a Treasurer who shall serve for a term or terms at the discretion of the Board.  Both offices may be held by the same person.  The Secretary and Treasurer need not be members of the Board of Directors.

c.       The ASCA may also have such officers other than those specified above as the Board may deem necessary or advisable, all of whom shall be chosen by the Board of by an officer or officers of the ASCA designated by the Board and shall serve for such term or terms as the Board shall prescribe.

d.       Any officer of the ASCA shall be subject to removal for cause at any time by the vote of a majority of the directors then in office.  Any vacancy so created may be filled by vote of the majority of the Directors then in office in accordance with 1a and 1b of this Article for the unexpired term.

Section 2 - PRESIDENT.  The President shall perform all the duties required of him by these by-laws, shall be the chief executive officer of the ASCA and, subject to the provisions of law, these by-laws, and the directions and limitations given and imposed by action of the Board and/or the members of the ASCA, shall have general charge and authority over the business and affairs of the ASCA and shall have such other duties and powers as may be given him by the action of the members and/or the Board and shall preside at all meetings of the members of the ASCA and of the Board.

Section 3 - VICE PRESIDENT.  The Vice President shall perform the duties of the President in his absence or during his disability to act or in the case of the vacancy in the office of President and shall have other duties and powers as may be given him by action of the members and/or the Board.

Section 4 - SECRETARY.  The Secretary shall have custody of the ASCA records and keep minutes of all meetings of the Board of Directors.  At any meeting at which the Secretary is not present, the presiding officer shall designate some member to keep the minutes of such meeting and those minutes shall be turned over to the Secretary.  The Secretary shall send notices of Board meetings to all member curling club presidents.

Section 5 - TREASURER.  The Treasurer shall have custody of and be responsible for all funds and assets of the ASCA.  The treasurer will also have charge of the collection and disbursement of all funds of the ASCA.

Section 6 - USCA DIRECTORS.  The Board of Directors shall appoint the number of directors to which they are entitled under the present Section14 of the By-laws of the USCA.  This term shall be for a period of three years or less, depending upon said appointees remaining members in good standing of the ASCA.  It shall be the function of these diredtors to attend all meetings and functions required of them by the USCA and to notify the membership of the ASCA as to the activities of the USCA.

Section 7 - OTHER OFFICERS.  Other officers shall have such duties and powers as may be given them by the Board.

Article VII

Meetings

Section 1 - ANNUAL MEETING.  An annual meeting of the Board of Directors shall be held during the month of May or June of each year.  The place and time of such meeting shall be decided by the Board.

Section 2 - SPECIAL MEETINGS.  The President, in response to a request by the majority of the Board, shall call a special meeting of the Board, specifying the time and place of such meeting.

Article VIII

Finances

Section 1 - ANNUAL DUES.  The annual dues shall be set by the ASCA prior to July 1 for the succeeding fiscal year for each curler who is a member of a member curling club.  It is the responsibility of each Curling Club to collect dues and to tender such dues to the ASCA by January 31 of each year, accompanied by a statement of the number of members of the dues paying club in a form as provided by the ASCA.

Section 2 - ASSESSMENTS.  No member club or individual member shall be liable to this Association for any assessments other than prescribed dues and charges as set forth in these by-laws.

Section 3 - DISBURSEMENT OF FUNDS.  No funds may be disbursed except as approved by the Board of Directors.

Section 4 - FISCAL YEAR.  The fiscal year of the ASCA shall commence on the first day of May and end on the thirtieth day of April of each year.

Article IX

Competition

Section 1 - RULES OF PLAY.  All curling competition leading to a championship sanctioned by the ASCA shall be governed by the eligibility rules, championship rules and procedures, and rules of play as set forth by the USCA, and by the ASCA rules.

Section 2 - CHAMPIONSHIP VENUE.  The State of Alaska Curling Championships shall alternate between the Curling Clubs whenever practical.

Section 3 - ENTRY FEES.  The entry fee for the State of Alaska Curling Championships at the Curling Club level shall be established by the ASCA from time to time by the Board of Directors.  It shall be the responsibility of the ASCA to enforce the Rules of Eligibility as set forth by the USCA and to certify the winners to the USCA.

Article X

Due Process and Arbitration

Section 1 - BILL OF RIGHTS.  Membership in the member clubs of the ASCA provides equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin. Notice and an opportunity for a hearing shall be given to any amateur athlete, coach, trainer, manager, administrator, or official before declaring such individual ineligible to participate.  Such hearing shall be conducted by a board of review (consisting of the President of the ASCA and two Directors appointed by the President of the ASCA) upon ten days advance written notice to the individual being declared ineligible.  The determination of eligibility by the Board of Review shall be based upon the rules of eligibility of the ASCA, as promulgated from time to time, and said rules shall not be more restrictive than the eligibility rules of the USCA.  In the event that the individual being declared ineligible feels that he or she has been wronged in the administration of the ASCA Rules. Regulations, or By-Laws, they shall have the right to appeal pursuant to the grievance procedures set forth in Section 2 below.

Section 2 - RIGHTS OF GRIEVANCE.  Any member of the of a member club of the ASCA who feels that they have been wronged in the administration or interpretation of the ASCA Rules. Regulations or By-laws. has the right to grieve, but only in the following manner, to-wit:

          Complainant shall submit a written complaint to the President of the ASCA stating clearly the grievance and all facts relating thereto.

1.       The written complaint will then be submitted by the President to the Board of Directors for review and for a ruling.

2.       The decision of the Board of Directors shall be rendered in writing to the complaining member no more than forty-five (45) days from the date that the written complaint was received by the President.  In unusual circumstances requiring investigation that will last longer than 45 days the time period can be extended 30 days with Board approval.

3.       If complainant is dissatisfied with the decision, the complainant may appeal to the USCA, pursuant to the rules of said USCA.  The later shall provide for a hearing on said complaint within 90 days of their receipt of the same.  Such demand for arbitration shall be submitted in writing within 30 days of the member's receipt of the decision described in paragraph number two above.  Upon receipt of said demand for arbitration, the USCA shall serve notice to the parties to the arbitration and on the ASCA, and shall immediately proceed with arbitration according to the rules of the USCA in effect at the time of the filing of the demand, except that:

a.       The arbitration panel shall consist of not less than three arbitrators, unless the parties to the proceedings mutually agree to a lessor number.

b.       The arbitration hearing shall take place at a site selected by the USCA, unless the parties to the proceeding mutually agree to the use of another site, and

c.       The arbitration hearing shall be open to the public.

          Any party may be represented by counsel or by any other duly authorized representative at the arbitration proceeding.  The arbitration proceeding shall be conducted in accordance with the Rules and Regulations of the USCA.

Section 7 - RECOGNITION AS THE GOVERNING BODY.  The ASCA hereby adopts the United States Olympic Committee resolution to submit to binding arbitration, conducted in accordance with the commercial rules of the USCA in like manner as set forth in Section 6, Paragraph 3 above, in any controversy involving its recognition as a local governing body for the sport of curling.

Article XI

Amendments

Section 1 - PROCEDURE.  These by-laws may be amended, or repealed and new by-laws adopted.  Proposed amendments to the by-laws shall be presented to the Board of Directors for consideration.  Amendments may be referred to the Board by one or more Curling Clubs or by a Board member.  Adoption of amendments, motion to repeal, and/or adoption of new by-laws shall be adopted by a two-thirds majority vote of the Directors at any regular meeting, or at any special meeting called for that purpose  However, no such changes in the by-laws shall be adopted unless the directors shall have been notified in writing of the subject of the proposed change by letters mailed or electronic transmission sent at least 30 days prior to the date of the meeting; or unless each director not so notified shall execute a waiver of such notice.  Amendments to the by-laws shall be signed and certified by the Secretary of the ASCA and shall be filed and recorded in the same place and manner as the original by-laws.

Article XII

Indemnification

The ASCA shall defend, indemnify and hold harmless each of its Directors and Officers from and against all claims, charges and expenses which he or she incurs as a result of any action or lawsuit brought against such Director or Officer arising out of the performance of his or her duties in this Association, unless such claims and expenses were caused by fraud or willful misconduct on the part of said Director or Officer.

 

Previous bylaws repealed and bylaws adopted 8/29/95.