The
following document is the mandatory form of bylaws to be adopted by each
BA (men and women) and to be used in conjunction with the USBC
Association Policy Manual. Complete all blanks where indicated.
The
association must abide by state corporate laws and may adopt additional
provisions provided they do not conflict with the mandatory bylaws or
state laws. The appropriate provision of state law takes precedence over
the bylaws.
Notes
and footnotes appear only to provide clarification and examples.
Parenthetical statements are for information only.
The
association is chartered by the United States Bowling Congress. (USBC must
approve the name and jurisdiction of the association prior to granting a
charter.) The name of the organization is the INDIANA
STATE USBC BA.
Section
A. Nonprofit Corporation
The association is organized as a nonprofit corporation and operates
consistent with the requirements of an organization classified as tax
exempt under Section 501(c)(3) of the Internal Revenues Code (IRC).
The
purposes of the association as stated in the Articles of Incorporation,
include, but are not limited to:
1. Providing
equal opportunity for all in the sport of bowling without regard to race,
religion, age, gender, disability, or national origin.
2. Promoting
the game of American Tenpins.
3. Conducting
and supporting bowling competition.
4. Engaging
in any other activities permitted by an organization classified as tax
exempt under Section 501(c)(3) of the IRC.
Article
IV
Membership and Dues
Individuals
who have obtained USBC and local association membership, in accordance
with USBC and local association bylaws, become members of this association
through payment of applicable annual state dues, if any.
The
BA delegates, by two-thirds vote, determine and adopt adult dues, if any.
The annual state adult dues are $0.00.
(Cannot exceed $1.)
The
Board may waive all or part of state dues for:
1. Members of other
USBC associations having a reciprocal agreement with the association.
2. Other groups, such as
seniors, etc., as determined by the board.
The
association cannot charge additional non-dues assessments.
Article
V
Board of Directors - Management
Section
A. Board
Composition, Authority and Duties
The management and governance of the association is vested in the
board of directors. The number of directors is determined by the BA
delegates. The maximum number of directors is
twelve.
The
board shall not engage in any acts constituting a conflict of interest.
The board’s duties include but are not limited to:
1. Enforcing
the bylaws.
2. Complying
with the USBC Association Policy Manual.
3. Ensuring
adherence to all USBC Performance Standards.
4. Conducting
championship level competition for its membership constituency:
BA (men and women only).
5. Providing
education, training, evaluations, recognition and other services as
determined by USBC.
6. Implementing
USBC programs.
7. Selecting/appointing
and evaluating the performance of the Association
Manager.
8.
Approving use of membership records.
Section
B. Eligibility
A candidate for the board must be:
1. A USBC member in good
standing of the association at the time of election and throughout their
term.
3. Elected or appointed
without regard to race, color, religion, gender, disability, national
origin, or age, other than the minimum age of 14 years, unless state laws
mandate a specific age and be reasonably representative of the membership.
a. Any
member of the board authorized to sign contracts or acting as a signatory
on association accounts must be a minimum age of 18.
b. A
maximum of three bowling center proprietors may serve on the board at one
time. A proprietor is an individual who is the owner, partner, or
corporate officer of a bowling center or group of bowling centers.
Excluded from the definition of proprietor is an individual who owns 25 %
or less of the equity shares, or who is inactive in the management of the
bowling center and remains so during a term as an officer or director.
Additional
eligibility requirements, if any, will be developed by the Nominating
Committee to be approved by the BA delegates.
4. The state shall be divided into nine
(9) districts and only one (1) district director may
be elected for each of these
districts.
5. An eligible district director shall be
annually nominated for election to the position
of third vice-president.
6. A newly nominated district director must be elected from the same
district as the
nominated third vice-president, provided a candidate is
available.
7. To be nominated for the office of president or vice-president, an
individual must have
served on the Board for a minimum of five (5) years.
8. Up to an additional three (3)
Directors-at-large may be nominated by the board
and elected by the
delegates.
9.
Multiple elected terms may be served consecutively or intermittently, but
all elected
members are subject to a lifetime maximum of eighteen (18)
years of service to the Board.
1. A slate provided by
the Nominating Committee.
2. Nominations from
the floor. Qualifications must be submitted to the Nominating Committee at
least 24 hours prior to the opening of the annual meeting.
Voting will be by ballot if more than one nominee for each position.
Three-year
Terms
Section
E. Resignation,
Removal, and Vacancies
1. Resignation.
A board member may resign from the board of directors by providing written
notice of resignation to the president or, in the case of the president,
to the board.
2. Removal
for Ineligibility. A board member who is no longer eligible to serve
on the board may be removed by a two-thirds vote of the board when a
quorum is present.
3. Removal
for Cause. When a board member is accused, in writing, of failure to
properly perform the duties of their office or otherwise engaging in
improper or unfair activities or conduct, the board may conduct a hearing
following the Removal Procedures in the Suspension and Reinstatement
Chapter. An appeal may be filed with USBC within 15 days of the removal.
Two-thirds written consent of the full board is required to seek
re-election and/or re-appointment to the board.
4. Vacancies.
Vacancies in positions on the board are filled for the un-expired
portion of each term as follows:
a.
The president, with board approval shall fill vacancies in director
positions.
b.
The board fills vacancies in officer positions.
Article
VI
Officers
1. A slate provided by
the Nominating Committee.
2.
Nominations from the floor. Qualifications must be submitted to the
Nominating Committee at least 24 hours prior to the opening of the annual
meeting.
Voting will be by ballot if more than one
nominee for each position.
*If
a majority vote is not reached on the first ballot, the candidate
receiving the lowest vote total is dropped and balloting continues until a
candidate receives a majority vote.
Note: All committees should be composed of both
board members and non-board members.
2. Vice President
a.
Presides at all meetings when the president is absent.
b.
Performs other duties as prescribed by the board or requested by
the president.
3. Association
Manager
a.
Selected/appointed by and accountable to the board.
b.
Responsible for implementation of USBC’s Performance Standards.
c.
Acts as the ex officio non-voting secretary/treasurer of the board
or such other officer designation as required by law and determined by the
board.
d.
Responsible for other duties as prescribed by the board and
in the USBC Association Policy Manual.
Article
VII
Meetings
Section
A. Annual
Meeting
An Annual Meeting of the BA delegates/alternates shall be held at a
time and place approved by the board of directors. (See Article IX,
Section B for the time frame for election of delegates and alternates to
the USBC Annual Meeting.)
Attendance
is open to all members. Voting officers, directors and
delegates/alternates who must be at least 14 years of age, unless
state laws mandate a specific age.
1. The
Association Invites All Associations and Delegates within its
Jurisdiction, as follows:
a.
Associations:
1) BA will invite all BA
associations as well as those associations that have a combined membership
of men, women and youth.
b.
Delegates and Alternates. Defined as members, at least 14
years of age, unless state laws mandate a specific age, who are elected by
chartered local associations as follows:
1) Only adult membership will be used
to determine the number of adult delegates and alternates an association
is entitled to send to the IS USBC BA state annual meeting.
(Insert the delegate chart adopted by the delegates.)
Each USBC certified local
association in the State of Indiana is entitled to have two (2) adult
delegates and one (1) adult alternate to the Annual Meeting. All
delegates/alternates must be members in good standing of the USBC
certified local association they represent.
A
local association is not eligible to send delegates or alternates if it is
declared delinquent or USBC has revoked its charter.
Note: An association that has not processed dues
for the current season shall be considered delinquent.
c. Credentials.
Credentials are forwarded to the state association at least ninety
days prior to the opening of the annual meeting.
2.
Voice and Vote
a. BA delegates,
voting officers and directors of the association, at least 14 years of
age, unless state laws mandate a specific age, have voice and vote.
Other members may attend with voice only. Absentee and proxy voting are
not permitted.
3.
Responsibilities
a. BA Delegates
shall:
1) Adopt
bylaws.
2) Adopt
state adult dues, up to the established maximum.
3) Elect
officers and directors to the board.
4) Elect one
delegate and one alternate to the USBC Annual Meeting.
4. Meeting
Notice
Written notice of the meeting shall be forwarded to the board and BA
Delegates at least 15 days prior to the annual meeting. Special meetings
may be called by the president or upon
written request of a least three board members.
5. Quorum
a.
Thirty Delegates constitute a
quorum. (Does not include Board members)
The delegates determine the number.
(See the USBC
Association Policy Manual for suggested quorums).
6. Action
a.
A majority vote of delegates, officers and directors present and
voting, at a properly noticed meeting, when a quorum has been established,
is required to take action, unless otherwise provided by law or these
bylaws.
Election
of officers and directors requires a majority vote*. Election of delegates
and alternates requires a plurality vote**. Absentee and proxy voting are
not permitted.
*If
a majority vote is not reached on the first ballot, the candidate
receiving the lowest vote total is dropped and balloting continues until a
candidate receives a majority vote.
Section
B. Board
Meeting
The board shall meet at least annually. Special meetings may be held
upon the request of any board member if a majority of the board approves.
1.
Notice. Written notice for all regular and special meetings
shall be forwarded to the board at least 15 days prior to the meeting.
2.
Quorum. Seven
board
members constitute a quorum. The BA delegates determine the number.
3. Action.
A majority* vote of the officers and directors, present and voting, at a
properly noticed meeting, when a quorum has been established, is required
to take action unless otherwise provided by law or these bylaws. Absentee
and proxy voting are not permitted.
a.
- Board meetings may be held via teleconference as needed or requested by
the President. (per USBC; should apply to emergencies only.)
Article
VIII
Committees
A
delegate and alternate to the USBC Annual Meeting are elected by plurality
vote* of those BA delegates present and voting. (See Article VI, Section A
of the national bylaws for representation.)
The
election is to be held in compliance with the USBC Annual Meeting
requirements.
Section
C. Vacancies
Vacancies in delegate positions are filled by the alternates in the
order in which they were elected for the un-expired portion of each term.
If a vacancy still exists, the president fills the vacant position by
appointment. The appointee must also meet the same eligibility
requirements as elected positions.
*A
plurality vote is the largest number of votes cast for a given candidate.
The candidate(s) receiving the most votes is(are) elected.
Section
A. Procedure
Any member of the association may submit proposed amendments to these
bylaws. The state association bylaws may be amended by a two-thirds vote
at any BA delegate meeting, by the delegates present and voting. The
amendment must be:
1.
Submitted in writing to the Association Manager or president.
2.
Submitted at least ninety days
prior to the meeting when the association is considering the proposal. The
date or number of days to be set by the BA delegates.
3.
Forwarded by the state association at least
fifteen days before the meeting to:
a.
Local Association Managers.
b.
Board of directors.
c.
BA delegates.
Section
B. Change
in Dues
Forward a notice at least 15 days prior to the meeting at which the
proposed change is considered to the BA delegates. The notice must:
1. Be
in writing.
2. Specify
the amount of the change.
3. Specify
the reason for the change.
Changes
in youth dues are adopted by the board.
Notification
of any adopted change in dues and the reason for the change will be
forwarded in writing to each local association.
Section
C. Effective Date
All amendments are effective August 1, following adoption, unless
otherwise specified when adopted.
The
fiscal year of this association is August 1 through July 31.
Directors,
officers, and other authorized volunteers, employees or agents shall be
indemnified against claims for personal and individual liability arising
in connection with their positions or service on behalf of the association
to the full extent permitted by law.
