EIHC Bylaws
ELYRIA ICE HOCKEY CLUB BYLAWS
Mission Statement
The Elyria Ice Hockey Club was founded to introduce the sport of ice hockey to the City of Elyria and Lorain County. Our goals are to promote the game of hockey, instill a sense of pride, and teach the ideals of fair play and good sportsmanship. We support a philosophy that provides a fair and safe opportunity for all to participate in our sport. We encourage players of all ages and skill levels to learn the basic skills required to play hockey and to have fun in a safe and enjoyable environment.
ARTICLE I - TITLE
This group shall hereafter be known as the "Elyria Ice Hockey Booster Club Inc.". The accepted abbreviation of the group will be "EIHC".
ARTICLE II - OBJECT
The objectives of EIHC are:
- To encourage participation in ice hockey
- To promote interest in and knowledge of the game of hockey
- To provide the financial support necessary to sustain the program
ARTICLE III - POLICIES
Section 1 EIHC shall operate as a corporation not for profit under Section 1702.01 et seq., Revised Code of Ohio. A copy of the Articles of Incorporation shall be kept on file with the Secretary.
Section 2 EIHC shall be affiliated with USA Hockey or its successor and shall maintain its affiliate agreement, a copy of which is recorded with the Secretary.
Section 3 EIHC shall be non-sectarian and non-partisan.
Section 4 Commitments made to other hockey organizations and agencies which bind
EIHC must be made with approval of the Executive Board.
ARTICLE IV - MEMBERSHIP
Section 1 General
a. Each family with a child or children registered as a player in the Elyria Hockey Program shall be entitled to two (2) voting memberships.
b. Voting memberships shall be limited to two (2) voting members per family regardless of the number of players enrolled in the program.
c. All members are expected to conduct themselves in a sportsmanlike manner at all practices and competitive events.
d. Any member whose conduct is not found to be in compliance with Section c. above is subject to review and possible suspension from membership rights.
- Voting members must be 18 years of age or older.
- Voting Family member will be defined as a member in good standing who is
the biological father, Bio-logical mother, or legal guardian of a player or players. If parents are separated then biological mother and biological father both receive 1 vote.
(1) It is the voting member’s responsibility to ensure the EIHC has the proper address or email address to assist in the voting process.
g. All head coaches shall be honorary members during the season for which they coach and shall have all rights associated with membership, including full voting rights.
h. Members are encouraged to be as active in EIHC as time and other responsibilities allow. Active participation in the many committees and programs sponsored by EIHC is strongly encouraged.
i. Any person 18 and over interested in Ice hockey and in furthering the goals and objectives of EIHC who is not eligible to join as a voting member is encouraged to participate. They are eligible to express opinions and participate in discussions at meetings. They are prohibited, however, from voting or holding elected office. They are prohibited from serving as a committee chairperson but may serve as a volunteer or as a committee member.
j. Any member whose player is released from the club by member request or disciplinary action is prohibited from holding an elected office or trustee position within the EIHC board. The member is eligible to continue to participate in discussions for the remainder of the season but will be prohibited from voting.
Section 2 Membership Requirements
a. All families must indicate on their registration form the two (2) persons who
will be designated as voting members of EIHC.
b. Voting members must be in good financial standing with EIHC in order to vote by ballot in the general election held at the annual meeting.
c. Good financial standing shall be defined as either all assessments and other charges are paid in full; or financial arrangements, acceptable to and approved by the Executive Board, have been made and are current.
d. Any EIHC head or assistant coach, without children in the program, shall be granted one (1) voting membership in EIHC. All coaches who become voting members in EIHC shall be accorded full rights and privileges except as noted in Article IV, Section 3, and subsection e.
e. All parents of players registered in EIHC who are serving in a coaching position, must join EIHC under Article IV, Section 2, subsection a.
Section 3 Membership Rights
a. Voting members shall be entitled to participate in and vote at all general and
special meetings held each year.
b. Voting members shall be entitled to vote for all elected EIHC officers.
c. Voting members are eligible to serve on any committee or in any elective position appointed by the Executive Board.
d. Voting members shall be entitled to serve in any elected office for which they are nominated and elected, subject to their eligibility under Article VII.
e. All head coaches are prohibited from being elected to the Office of President but may act as interim for the remaining season if the current president is unable to fulfill the appointed duties.
Section 1
a. b.
ARTICLE V - OFFICERS
The officers of the Elyria Ice Hockey Club shall be: President, Vice President, Secretary, and Treasurer.
These officers shall perform the duties prescribed by these Bylaws in Article VI and by the parliamentary authority adopted by EIHC.
c. Coaching Coordinator position will be appointed and voted on by the EIHC Executive Board.
Section 2
- The officers shall be elected by secret ballot at the annual election held in March.
- The term of office shall be one year April 15th to May 30th or until their successors are elected.
- Outgoing officers shall give any assistance and guidance that is requested by the incoming officers to provide a smooth transition.
d. Officers shall serve as representatives of all the parents and players and shall not represent the personal agenda of any individual player, team or group.
Section 3
a. No member shall hold more than one office at a time.
b. Any officer who has served more than half a term is considered to have served a full term in that office.
Section 4
a. In the case of vacancy in a particular office, except for the office of President, the President shall present to the Executive Board a list of candidates for the vacated office.
b. The list of candidates shall be compiled from, but not limited to, nominees from the previous election and chairpersons from standing or special committees.
c. The Executive Board shall select an appointee from the available candidates. A 2/3 majority affirmative vote of the Board shall be required for appointment to fill the non-expired term. Vacancies in the office of President shall be filled by the 1st Vice President.
ARTICLE VI - DUTIES OF OFFICERS
Section 1 The President as Chief Executive shall:
a. Preside at all general and Executive Board meetings.
b. Appoint a parliamentarian and all standing and special committee chairpersons. c. Enforce and uphold the Bylaws and Standing Rules of EIHC.
d. Vote at all general and Executive Board meetings, only in case of a tie. The President shall however, retain the right to vote by ballot at the general election. e. Supervise the activities of EIHC and make periodic reports to the general membership.
f. Serve as an ex-officio member of all committees except for the Nominating, Auditing and Teller's committees.
g. Assist in registration and collection of assessments and fees for players in the EIHC and assist the Registrar as needed.
Section 2 The Vice President shall:
- Supervise the function of all standing committees except the Fund Raising and Nominating Committees and report to the Executive Board at each Board meeting.
- Serve as acting President in the President's absence.
- Serve the non-expired office of President should that office be vacated for any reason. For the purposes of this section only, the Presidential eligibility requirements shall be suspended.
- Oversee and work with the Coaching Coordinator and Club Register’s activities
- Assist in registration and collection of assessments and fees for players in the
EIHC and assist the Registrar as needed.
Section 3 The Secretary shall:
a. Provide written notice to all members of the time, date and place of all general
and special meetings.
b. Provide at least five (5) days’ notice to all members of the Executive Board of the time, date and place of all Executive Board meetings.
c. Prepare a written agenda for distribution at all general and Executive Board meetings.
d. Record accurate minutes of all general and Executive Board meetings.
e. Have custody during his/her term of all, official records and correspondence.
f. Be responsible to transfer all records as noted in “e” to any succeeding secretary
g. Maintain the club’s website.
h. Oversee all fundraising committees and team coordinators.
i. Assist in registration and collection of assessments and fees for players in the EIHC and assist the Registrar as needed.
Section 5 The Treasurer shall:
a. Collect assessments and dues; prepare disbursements and keep the books of EIHC by a standard method of bookkeeping. These functions must operate within the approved budget set forth by the Executive Board.
b. Prepare current written financial reports to be distributed to the general membership at all general and special meetings.
c. Prepare a summary financial report at the end of the fiscal year for presentation to the general membership at the first general meeting.
d. The outgoing Treasurer shall be required to remain in office until the end of the fiscal year for completion of the summary report noted in subsection c. above. He/she shall remain as an ex-officio officer to assist in the incoming Treasurer but shall have no voting rights on the Executive Board.
d. Be bonded for a sum, to be determined by the Executive Board, sufficient to protect EIHC from loss.
f. Be responsible for collection of funds. Disbursements shall be done within guidelines as set forth by the Executive Board.
Section 6 The Coaching Coordinator:
a. Candidates for the position shall have experience as a coach, player or ice
hockey administrator and shall be at least 25 years of age.
b. Will facilitate two-way communications between the Executive Board and the coaches within the program.
c. Will assist the scheduling of ice time for practices and clinics.
- The Coaching Coordinator shall coordinate the programs of EIHC for all levels of play including In-house. He/she shall aid coaches in assessing skill levels for each team and shall determine each team's level of play.
- Attend and evaluate team skills sessions, practices, and games for all levels of play. Coordinator will attend several skills sessions, practices, or games each season prior to the start of tryouts to assist coaches in evaluating the amount of players and team skill sets for each level of play for the upcoming season.
- Will work with the Vice President to ensure coaches are in compliance with all USA Hockey coaching requirements and are qualified to coach.
- The Coaching Coordinator shall be required to attend all general and Executive Board meetings.
h. Assist in registration and collection of assessments for players in their division and assist the Registrar as needed.
Section 7 The Club Registrar:
a. Will be a member of the hockey club in good standing.
b. Will be assigned as a liaison between the hockey club and USA Hockey
c. Will be responsible for the tracking of all player and coaches’ registration with USA Hockey
d. Will work with the Vice President to insure that all registration for the club are complete.
ARTICLE VII - NOMINATIONS AND ELECTIONS
Section 1
a. At a general meeting, not less than forty-five (45) days prior to the annual election, a nominating committee consisting of five (5) members and one (1) alternate shall be elected by the general membership.
b. In order to serve on the Nominating Committee, it shall be required that all members be voting members as defined in Article IV.
Section 2 The Nominating Committee shall:
- Require the Secretary to provide them a roster of voting members who will be eligible to vote in the general election, not less than thirty (30) days prior to the general election.
- Compile a list of candidates for the elected offices with no more than two (2) recommendations per office. Candidates for all elected offices must be voting members in “good financial standing” as defined in Article IV, Section 2, subsection c. Candidates for the Office of President shall be required to have served one full term on the Executive Board or one full term as the Chairperson of a standing committee. Serving on the Nominating Committee does not prevent nomination for an elected office.
c. Post in a conspicuous location the list of candidates seeking office. Previous consent must be obtained from all nominees. Nominations from the floor shall be permitted.
Section 3 Elections
- Officers shall be elected by secret ballot. Elections shall be determined by simple majority in cases where three (3) or more candidates are nominated, election shall be by plurality.
- No person may be nominated for more than one office.
- Elections shall be held in a manner which insures that only those qualified to do so cast a ballot.
- The President at the time of the annual election shall appoint a Teller's Committee consisting of three (3) voting members. Any voting member of EIHC may serve on the Teller's Committee except that members of the Nominating Committee, Executive Board, or current candidates are ineligible.
- The Tellers Committee shall supervise the election process, tabulate the results
and determine the winners for each elected office. No numerical totals will be announced and ballots will be retained for a period of thirty (30) days and then destroyed.
ARTICLE VIII - EXECUTIVE BOARD
Section 1 The 4 Officers and 19 trustees shall constitute the Executive Board.
Section 2 The Trustees shall be made up of 19 members that are in good standing with
the club and serve a 2 year term.
Section 3 The Executive Board shall have full power and authority over the affairs of EIHC.
Section 4 The Board shall have charge and control of all funds and properties of EIHC. Section 5 The newly elected Executive Board shall be required on or about April 30th
but no later than May 15th to perform the following tasks:
- Determine the Executive Board meeting schedule for the coming year.
- Determine standing committees for the coming year.
c. Appoint a Coaching Coordinator
d. To schedule yearly audit of the clubs financial records - Audit is to be done by an independent party
Section 6 The Executive Board shall have the authority to enforce the stated principles of good sportsmanship and proper conduct of all members.
Section 7 Special meetings of the Executive Board may be called by the President or by written request of at least three (3) members of the Board.
Section 8 Nine (9) members of the Executive Board shall constitute a quorum. Section 9 The Executive Board may meet in Executive session closed to the general
membership if approved by a 2/3 majority of the Board members present.
Section 10 Board members shall be required to attend Executive Board meetings regularly. Any Board member failing to attend three (3) consecutive meetings shall be immediately suspended. Said member shall show just cause for his/her absence and at the discretion of the remainder of the Board, and may or may not be removed from office. Board members must attend a minimum of 6 board meetings a year. Failure to attend 6 meetings is grounds for removal from the board for the remainder of their term in office.
Section 11 In the event that a board member is removed from the Executive Board the Officers of the Board can appoint a replacement for the membership in good standing. This will be passed by majority of the officers of Executive Board. Any board member that has been removed due to nonattendance is permitted to run for board membership 1 year after the end of their original term in office.
Section 12 The Executive Board shall serve the function of the Board of Trustees required by law for a non-profit corporation.
ARTICLE IX – VOTING and PROXIES
Section 1 Each Executive Board member shall be entitled to one (1) vote upon all matters properly submitted to the board for its vote, consent, waiver, release, or other action.
Section 2 Unless otherwise provided in these articles or by law, the Board shall act by a majority vote of those Executive Board Members present at any Board Meeting.
Section 3 No Board Member shall be permitted to vote by proxy. Only Members actually present at the Board Meetings during the transaction of business may vote thereon.
ARTICLE X - MEETINGS
Section 1 Regular meetings shall be held at least 12 times during the year from April 30th to May 15st. Meeting dates are to be published at the beginning of the season and two (2) weeks prior to the meeting date.
Section 2 The regular meeting held in May shall be known as the 'Annual Meeting" and shall be for purposes of electing officers, receiving reports of officers and committees and for any other business that may arise.
Section 3 Special meetings of the general membership may be called by the President or by the Executive Board or shall be called upon the written request of twenty-five (25) voting members. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least one (1) week notice shall be given.
Section 4 A quorums shall be defined as 3 officers and at least 6 voting members for a total of 9 members.
ARTICLE XI INDEMNIFICATION OF MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS
Section 1 Definitions: For the purpose of this Article, the following words and phrases shall have the meanings designated below:
a. “Claim” means any and all threatened, pending or completed claims, actions, suits or proceedings (whether civil, criminal, administrative, investigative, or otherwise and whether under State or Federal law) and any and all appeals related thereto.
b. “Indemnified Individual” means: (1) all past, present, and future Members, Trustees, and Officers; and as the Board may periodically determine, such employees and other agents of the EIHC acting in any capacity at the request of or on behalf of the EIHC.
c. “Liabilities” means any and all judgments, decrees, fines, penalties, expenses, fees, amounts, paid in settlements, costs, losses, expenses(including, but not limited to attorneys’ fees and court cost) , charges, and any other liabilities with respect to any claim, either before or after final disposition of the claim.
Section 2 Indemnification for Third Party Claims
a. To the fullest extent authorized or permitted by law, all Members herby determine that they EIHC my indemnify and save harmless any and all Indemnified Individuals from and against all Liabilities arising or resulting from any Claim by or in the right of the EIHC, under which the Indemnified Individual is a party or participant because of actions or omission of the EIHC or any Member, Trustee, Officer, employee, agent or other person acting in any capacity at the request of or on behalf of the EIHC
Section 3 Indemnification for Claims by or through the EIHC
a. To the fullest extent authorized or permitted by law, all Members hereby determine that the EIHC may indemnify and save harmless any and all Indemnified Individuals from and against all Liabilities arising or resulting from any Claim by or in the right of the EIHC, under which the Indemnified Individual is a party or participant because of actions or omissions of the EIHC or any Member, Trustee, Officer, employee, agent or other person acting in any capacity at the request of or on behalf of the EIHC.
Section 4 Release from Liability and Contribution
a. To the fullest extent authorized or permitted by law, no Indemnified Individual shall be liable to the EIHC or to any other person and no claim shall be maintained against any Indemnified Individual by the EIHC (or, for the EIHC’s benefit, bay any other Member) because of any action or omission of such Indemnified Individual in any capacity at the request of or on behalf of the EIHC. To the fullest extent authorized or permitted by law, no Indemnified Individual shall be responsible for or be required to contribute to the payment of any Liability incurred by the EIHC or by any other Indemnified Individual serving in any capacity at the request of or on behalf of EIHC.
Section 5 Subrogation
a. To the extent of any payment under this Article, the EIHC shall be subrogated to all the Indemnified Individual’s rights of recovery from any other person or entity and such Indemnified Individual shall execute all reasonable documents and take all reasonable actions requested by the EIHC to implement the EIHC’s right of subrogation.
Section 6 Insurance and Similar Protection
a. Whether or not the indemnification, release and contribution provision of Section 2, Section 3, or Section 4 apply, the EIHC may purchase and maintain Insurance upon and/or furnish similar protection(including, but not limited to: trust funds, letters of credit and self-insurance) for any Indemnified Individual to cover Liability such Indemnified Individual might incur from the exercise of the Indemnified Individual’s duties for the EIHC or from such Indemnified Individual’s capacity as an agent or representative of the EIHC.
Section 7 Other Rights
a. The provision of this Article shall be in addition to and shall not exclude or limit any rights or benefits to which any Indemnified Individual is or may be otherwise entitled: (1) as a matter of law or statute; (2) by the Articles of Incorporation, Regulations or Bylaws; (3) by any agreement; (4) by the vote of the Members or Trustees; or (5) otherwise.
ARTICLE XI – COMMITTEES
Section 1 Fund Raising Committee should be headed by a member of the Executive Board. Any member of the EIHC in good standing can participate and help with the fund raising committee. This committee coordinates the clubs fund raising
activities for the fiscal year.
Section 2 Nominating Committee, it shall be required that all members be voting members as defined in Article IV. Nominating Committee will determine which Board members eligible to run for office.
Section 3 The Tellers Committee shall supervise the election process, tabulate the results and determine the winners for each elected office.
ARTICLE XII– PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order, Newly Revised, 1990 edition, shall govern this association and its constituent parts except as provided by these Bylaws.
ARTICLE XIII SECTION 501 (c) (3) LIMITAITONS
Section 1 Organization and Operations
a. The EIHC is organized and shall be operated exclusively for purposes designated in Section 501 (c) (3) of the Internal Revenue Code (as may be amended).
Section 2 Prohibition Against Inurement
a. No part of the EIHC net earnings shall inure to the benefit of or shall be distributed to its Members, Directors, Officers or any other private individuals, except that the EIHC may pay to such persons reasonable compensation for services rendered and, further, may make payments and distributions to such persons in furtherance of the exempt purpose of the EIHC.
Section 3 Legislation and Political Activity
a. No substantial part of the EIHC’s activities shall be directed to carry on propaganda, to attempt to otherwise to influence legislation, or to participate or intervene in (including to publish or distribute statements) any political campaign on behalf of any candidate for public office.
ARTICLE XIV- DISSOLUTION
Upon dissolution, all assets will be distributed to a tax exempt charity pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended.
ARTICLE XV- FISCAL YEAR
The fiscal year of EIHC shall be from May 1st through April 30th
ARTICLE XVI – AMENDMENTS and MISCELLANEOUS
Section 1 Amendments
a. These Bylaws may be amended at any regular general meeting provided that written notice of the proposed action has been given to each member at least ten (10) days prior to the date of such meeting. Amendments to these Bylaws must be approved by a two-thirds (2/3) majority vote.
b. The Secretary of the EIHC (or any other officer) may mail or email a copy of the Amendment to the Code or the Amended Code to each member.
Section 2 Miscellaneous
a. When acting on behalf of the EIHC, on member, Trustee, Officer, employee, or other agent of the EIHC shall discriminate against any person because of race, religion, color, creed, sex, sexual orientation, national origin, or physical disability.
b. If any provision of Article of these Regulations is ever judicially determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability or any other provision or Article of this Code.
Section 3 Prior Instruments
a. This Code supersedes and nullifies any and all prior codes of regulation, bylaws, constitutions, and similar instruments previously adopted by the Members and or Executive Board.
Section 4 Conflicts of Instruments
a. With respect to any conflicts between or among instruments pertaining to the
EIHC, these bylaws shall be superior to any rules, regulations, documents, instruments and policies of the EIHC and Articles of Incorporation shall be superior to this Code.
EIHC ByLaws 2021 Revision Date: 5/6/2021