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DRAFT
(June 1, 2011)
CONSTITUTION OF
THE
NORTHERN INTERNATIONAL
HOCKEY LEAGUE
This Document is a
DRAFT under consideration for the 2011-2012
hockey season and it will be voted on at the NIHL Spring
Meeting in April, 2012.
This is a
DRAFT which has not yet been officially approved. Send any comments or
suggestions to the current Commissioner for consideration
and review prior to acceptance.
ARTICLE I: NAME
The legal name of this organization shall be the Northern
International Hockey League. For brevity purposes on any
written documents it may be referred as the NIHL. The league
shall be a non-profit organization under the laws of the
State of Michigan.
ARTICLE II: PURPOSE
The purpose of the NIHL shall be the promotion of wholesome hockey
relationships among its members from Michigan, Wisconsin,
and Ontario, Canada, and to secure such other advantages as
may be properly attained by a union of effort.
ARTICLE III: LEVEL OF COMPETITION
Section 1. Divisions: NIHL will offer competition in
divisions as defined by the Michigan Amateur Hockey
Association (MAHA) A and AA Squirt, PeeWee, Bantam, and
Midget Divisions and Girls Divisions, as demand exists.
Section 2. Minor and Major Divisions: When the demand for
MAHA divisions does not exist the league shall consider
competition in Minor and Major levels within each division.
A Minor team may include some second year division players
on their roster and the team would be ineligible for MAHA
state playoff competition at the A level but the team would
be eligible for competition at the AA level if they so
choose. A Major team may include second year division
players and some first year division players on their roster
and the team would be eligible for MAHA state playoff
competition at the AA level.
Section 3. Play Within Division: A team shall play within
their division. A member association shall declare the
divisions that they will have teams prior to the Scheduling
meeting each year.
ARTICLE IV: MEMBERSHIP
Section 1. Charter Members: The charter members of the NIHL
shall be the junior hockey associations from Alpena,
Calumet, Copper Country, Escanaba, Marquette, Northern
Michigan, Sault Ste. Marie, Michigan, Traverse City, and
Sault Ste. Marie, Ontario.
Section
2. Additional Members: Associations seeking
admittance to the NIHL shall be admitted upon a secret
ballot approval of a majority of those members present.
Section 3. Performance Bond: Upon entry into the NIHL, each
member shall pay a fee to the NIHL, which will function as a
performance bond. Each member association must maintain its
bond at the prescribed level in order to retain status as a
member in good standing. Bond fees are payable to the NIHL
Treasurer. The fee will be reviewed every year at the Annual
Meeting and adjusted as necessary.
Section 4. Annual Fees: An annual association administration
fee and individual team fees shall be assessed for
participation in the league. The fees will be reviewed every
year at the Annual Meeting and adjusted as necessary.
ARTICLE V: GOVERNMENT
Section 1. Controlling Entity: The government and control of
the NIHL shall be vested in a Board of Directors. The Board
of Directors shall make all rules and regulations which it
deems necessary or proper for the government of the NIHL,
the orderly conduct of its affairs and the management of its
property. The Board of Directors shall elect an Executive
Committee from its membership to manage its daily
operational affairs.
Section 2. Income and Expenses: All funds, monies, property
or income from activities of the NIHL shall be expended for
such purposes as are authorized by the Board of Directors.
The Board of Directors shall authorize payment of expenses
as may, from time to time, become necessary.
ARTICLE VI: BOARD OF DIRECTORS
Section 1. Composition of Board: The Board of Directors
shall consist of one representative from each member
association, who has been appointed to such representative
positions from their associations’ voting membership. Each
member association shall also have an alternate
representative duly appointed from its voting membership,
who will represent that association during the absence of
its regular representative.
Section 2. Term of Office: Each member association shall
annually appoint a representative to the NIHL, and such
representative shall serve as a member of the Board of
Directors. Alternate representatives may also be appointed
annually.
Section 3. Qualifications: All members of the Board of
Directors shall be members in good standing in their
individual home associations, their State or Provincial
association, and in the NIHL. Any Board of Directors member
who becomes a member not in good standing shall be deemed to
have resigned from the Board, and that particular
association’s alternate representative shall assume the
resigned Board member’s duties and responsibilities. The
resigned member’s association must then appoint an alternate
representative and so notify the
NIHL. In
the event that a member association becomes a member not in
good standing, that association, and consequently its
representative Board member and alternate member, shall be
deemed to have resigned their membership from the NIHL.
Board of Directors approval shall be required if
reinstatement of NIHL membership is requested.
Section 4. Powers: The NIHL Board of Directors shall have
all the usual powers as have directors of a business
organization, and shall constitute the immediate government
of the NIHL and directs its affairs through an Executive
Committee composed of its elected Officers.
Section 5. Duties: The primary duties of the NIHL Board of
Directors members are as follows:
Represent their home member associations to the NIHL and represent
the NIHL to their home member associations. In this liaison
capacity, Directors must ensure that teams from their home
associations understand and follow NIHL requirements and
rules, and penalties involved for violation of same.
Distribute copies of NIHL By-Laws and other materials to their
division directors, coordinators, coaches and team
officials, and ensure that they understand same.
Assist their association’s Schedulers in setting NIHL games.
Generally oversee and direct their home association’s participation
in the NIHL.
Ensure the appointment and qualification of alternate
representatives to act during the absence of the regular
association representatives.
Section 6. Board of Directors Members as Officers and
Representatives: A member of the Board of Directors may
simultaneously hold a position as an association
representative and also hold an elected position as a NIHL
Officer. A Board of Directors member who is elected a NIHL
Officer may elect to discontinue as the association’s
representative and necessitate appointment of a new
alternate representative by the affected association. A NIHL
Officer may hold the position as an association’s alternate
representative.
Section 7. Voting: Each member association which is
officially represented at a NIHL Board of Directors meeting
shall be entitled to one vote on any matter called to vote.
Such voting shall be done by the Board member representing
an association, or in the absence of such representative,
then by that association’s alternate representative. Even
though an association’s representative and alternate
representative are both present, only one vote from that
association may be cast.
Section 8. Protection of Directors: No personal
contributions shall be required of any NIHL Director. Except
as required by law, there shall be no personal liability on
the part of NIHL Directors, and the NIHL shall indemnify its
Directors as provided in this Constitution.
ARTICLE VII: OFFICERS
Section 1. The Executive Committee and Selection: The
Executive Committee of the Board of Directors shall consist
of the following positions: Commissioner, Vice
Commissioner/Statistician, and Secretary/Treasurer. These
Officers shall be elected yearly at the Annual Meeting of
the Board of Directors, by the Board of Directors, and shall
assume their positions immediately. Any vacancy of an
Officer shall be filled immediately by the Board of
Directors.
Section 2. Commissioner: The duties of the Commissioner
shall be as follows:
Supervise the affairs and activities of the NIHL
Represent the NIHL with the hockey community
Preside over and maintain order at all NIHL meetings
Supervise and assist, as needed, the other Officers in the
performance of their duties
Section 3. Vice Commissioner/Statistician: The duties of the
Vice Commissioner/Statistician shall be as follows:
Perform the duties of the Commissioner in their absence
Maintain, compute and publish NIHL game competition records and
standings
Respond to and manage any inquiries, protests, or other matters as
directed by the Executive
Committee which are not
specifically assigned to the Commissioner or
Secretary/Treasurer.
Assist other Officers with their duties as needed
Section 4. Secretary/Treasurer: The duties of the
Secretary/Treasurer shall be as follows:
Keep records of NIHL correspondence
Prepare meeting agendas with the Commissioner
Maintain and provide, as required, copies of the NIHL Constitution
and By-Laws,
membership records, attendance records, meeting
minutes/notes, and calendar
Answer received correspondence promptly and provide copies of same
to Officers and
Directors as necessary
Issue notice of due performance bonds, fees and fines owed to the
NIHL, and be responsible
for their collection and proper
deposit
Maintain records of all monies owed by and to the NIHL
Maintain record of NIHL assets and their location
Report annually on the financial status of the NIHL
Respond to and manage any inquiries, protests, or other matters as
directed by the Executive
Committee which are not
specifically assigned to the Commissioner or Vice
Commissioner.
Section 5. Responsibilities: The Officers and Board of
Directors members shall use their best efforts to carry out
in good faith the purposes of the NIHL, and to exercise the
powers and responsibilities expressed in the NIHL’s
Constitution and By-Laws in such a manner as to benefit all
of its members.
ARTICLE
VIII: MEETINGS
Section 1. Meetings, Quorum and Voting by the Board of
Directors:
The Board of Directors and its Officers shall meet at least twice
during the calendar year, in the spring and in the summer.
The spring meeting will be the Annual Meeting and summer
meeting will be the Scheduling Meeting. The Commissioner may
schedule other regular or special meetings during the year.
The Board of Directors may schedule special meetings at the
request of a majority of its membership.
The required quorum for the transaction of NIHL Board of Directors
business shall be a simple majority of the Board’s
membership
At all meetings of the Board of Directors, business shall be
transacted by a majority vote of the Directors present, and
such vote shall be deemed a unanimous action of the full
Board of Directors
Each NIHL member association shall vote on votable issues through
its representative present at such meeting. In the absence
of such representative, a member association shall cast its
vote through its alternate representative present at the
meeting. Regardless of any multiple representation by a
member association at a NIHL meeting, an association shall
have only one vote on each separate issue.
Section 2. Annual Meeting: The Annual Meeting shall be held
in the spring of each year to receive any newly appointed
Directors and alternate representatives, elect Officers,
receive the Commissioner’s annual report and transact any
other necessary business.
Section 3. Scheduling Meeting: The Scheduling Meeting shall
be held in late summer of each year to develop schedules and
transact any other necessary business.
Section 4. Notice of Meetings:
Notice of all meetings of the Board of Directors shall be given by
the Commissioner or Secretary/Treasurer to those concerned
at least ten days prior to the meeting and posted on the
NIHL web site. It shall be the Director’s responsibility to
notify their alternate representative of any scheduled
meetings.
All Officers, Directors, association representatives and alternate
representatives shall file their current mailing address,
e-mail address and preferred telephone number, and
subsequent changes, with the Secretary/Treasurer.
Notice of meetings shall include date, time, and location and the
agenda.
ARTICLE
IX: COMMITTEES
The Commissioner shall appoint, with the approval of the Board of
Directors, special committees as may be required to assist
the Board. The Commissioner and Vice Commissioner shall be
ex-officio members of all committees.
ARTICLE X: REPORTS
At the Annual Meeting, the Commissioner shall present an annual
report reviewing the past year to the Board of Directors.
This annual report shall include a financial report prepared
by the Treasurer. The annual report shall be furnished to
the Board of Directors members and Officers by the Secretary
prior to the meeting. Additional and current financial
reports shall be made available to the Officers, the Board
of Directors, or any other legally entitled entity, in such
form and at such times as may be requested.
ARTICLE XI: GIFTS
The Board of Directors of the NIHL is empowered to accept and use
donations of money, personal property or real estate, or
otherwise hold title thereto, for the benefit and purposes
of the NIHL. Such accepted donations, gifts or bequests
shall be used in accordance with the terms attached thereto,
provided such terms are not inconsistent with the stated
purposes of the NIHL.
ARTICLE XII: AUTHORITY TO BIND
No one shall contract for or incur any debt, or enter into any
agreement or otherwise obligate the NIHL except by authority
of the Board of Directors.
ARTICLE XIII: RULES OF ORDER
Robert’s Rules of Order shall govern proceedings of meetings of the
NIHL, except as specially provided by this Constitution.
ARTICLE XIV: DELEGATIONS
Delegations or special committees shall be appointed by the
Commissioner as necessary, subject to Board of Directors
approval, to represent the NIHL at any meeting, assembly or
convention. Such representative body shall exercise only
those powers specifically vested to it by the Board of
Directors.
ARTICLE XV: REMOVAL FROM OFFICE
Section 1. Cause for Removal: Any NIHL Officer or Director
may be removed from office for failure to fulfill the duties
of said office, or for conduct detrimental to the best
interests of the NIHL.
Section 2. Procedure for Removal and Voting: The mandatory
procedural steps are as follows
A petition stating the charge or charges, signed by 2/3 of the
Board of Directors, shall be filed with the
Secretary/Treasurer.
The Secretary/Treasurer shall then schedule a Special Meeting of
the Board of Directors to deliberate and take action on the
charge or charges. Notice of a special meeting shall be
mailed to all NIHL Officers, Directors, and the accused
official to arrive at least ten days prior to the meeting
date. The special meeting notice shall include an agenda and
a record of the specific charge or charges. If the accused
is the Secretary/Treasurer then the Vice Commissioner shall
receive, schedule, prepare and mail the special meeting
notices. The meeting shall be chaired by the Commissioner.
If the Commissioner is the accused, then the meeting will be
chaired by the Vice Commissioner.
The accusing petitioners shall present their case first. The
accused Officer or Director shall be heard second. Lastly,
the Board of Directors shall vote on the matter by secret
ballot. If the accused is a Director, the accused Director
shall not be eligible to vote. Of those Directors voting, a
minimum 2/3 vote in favor of the petition shall be required
to remove the accused Officer or Director from office. If
the accused voted from office is a Director, then the
alternate representative of the accused’s home association
would immediately ascend to become a Director, and the home
association would be required to appoint a new alternate
representative. If the accused voted from office is an
Officer, the Board of Directors would be required to
immediately fill the vacancy by election from its ranks, or
as soon thereafter as possible.
No removal proceedings shall be based on the same evidence more
than once.
ARTICLE XVI: COMPENSATION OF DIRECTORS AND OFFICERS
NIHL Directors and Officers shall not receive compensation for the
performance of their official duties. NIHL Directors and
Officers may be reimbursed for actual expenses incurred on
behalf of the NIHL, upon approval by a majority of Directors
present at any regular or special meeting.
ARTICLE XVII: ACTION WITHOUT MEETING
The Board of Directors may take any required action without meeting
if all Directors consent to such action in writing. The
written Consents shall be filed with and become part of the
minutes or notes of such meeting, and shall have the same
force and effect as a vote of Directors physically present
at a legal meeting.
ARTICLE XVIII: INDEMNIFICATION
Each Officer and Director of the NIHL shall discharge their
official duties in good faith and with the diligence, care
and skill which an ordinary prudent person would exercise
under similar circumstances.
ARTICLE
XIX: AMENDMENTS
This Constitution may be amended by a minimum 2/3 favorable vote of
the Board of Directors at either the Annual Meeting or
Scheduling Meeting provided that notice of the proposed
action has been given to each Director and Officer at least
10 days prior to the meeting and posted on the NIHL web
site.
ARTICLE XX: DISSOLUTION
The Board of Directors may, by unanimous vote, direct that the NIHL
be liquidated or dissolved, and in such case, the assets of
the NIHL shall be used in the following manner and priority:
First: Retire all outstanding debts incurred by the NIHL
Second: Divide the remaining assets of the NIHL equally among all
remaining member associations, provided all conditions of
the existing Constitution and By-Laws have first been met by
the member associations.
Dated:
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