United States Bowling Congress (USBC)

West Virginia BA Bylaws

 

Introduction

 

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.

 

Article I

Name

 

The association is chartered by the United States Bowling Congress, the name of the organization is the: West Virginia USBC BA.

 

Article II

Nonprofit Corporation and Charter

 

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).

 

Section B.      Charter

The association shall be chartered by USBC and subject to its authority. To maintain its charter, the association must:

1.   Provide services for the USBC BA (men and women only).

2.   Adopt bylaws approved by USBC.

3.   Not enact any bylaws or rules inconsistent with USBCís bylaws.

4.   Adhere to Performance Standards and stated requirements as set forth in the USBC Association Policy Manual.

5.   Apply for renewal of its charter every five years.

 

Article III

Purpose

 

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 total number of directors is 10

 

The board shall not engage in any acts constituting a conflict of interest. The boardís 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.

2.   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.

     3.  Candidates for officers must have served 1 term (3 years) as a director on a West Virginia state level board.

     

Additional eligibility requirements, if any, will be developed by the Nominating Committee to be approved by the BA delegates.

 

Section C.      Election of Directors

Directors are elected by a majority vote* of BA delegates present and voting, from:

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.

 

Section D.      Term

The term for directors is 3 years with a 3 term (9 years) limit. A director will be eligible for election again after sitting out at least 1 year.   The number of years in a term, the number of terms allowed and a stagger system are determined by the BA delegates.

 

Stagger System:

Group A (Directors #1, #2, #3, #4):

Group B (Directors #5, #6, #7):

Group C (Directors #8, #9, #10):

 

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.

 

*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.

 

Article VI

Officers

 

Section A.      President and Vice President

The officers of this association shall include a president and 2 (two) vice presidents. The BA delegates determine if more than one vice president or a sergeant-at-arms is necessary and defines their duties and responsibilities, to be placed in the associationís operations manual.

 

Section B. Election

Officers are elected by a majority vote* of the BA delegates present and voting, from:

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.

 

Section C.      Term

The term for elected officers is 3 years with a 3 term (9 years) limit. An officer will be eligible for election back to the board after sitting out at least 1 year.

Stagger System:

Group A:  President:

Group B:  1st Vice President:

Group C.  2nd Vice President:

 

Section D.      Authority and Duties

1.   President

a.   Presides at all meetings.

b.   Acts as spokesperson for the association.

c.   Serves as the liaison to the state proprietors association, if applicable.

d.   Appoints committees, except nominating, with board approval.

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 USBCís 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.

 

 

 

*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.

 

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 USBC BA state annual meeting.

2) Each active West Virginia local non-merged BA association or merged local association shall be entitled to three (3) delegates.

 

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 30 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.   20 Delegates constitute a quorum. 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.

b.   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.

 

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. 7 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.

 

Section C.      Parliamentary Procedure

The most recent edition of Robertís Rules of Order, Newly Revised, shall govern all meetings.

 

Article VIII

Committees

 

Section A. Standing Committees

The association shall have the following Standing Committees: Nominating and Finance.

1.      Nominating Committee.

The committee reviews candidates, prepares slates and publicizes criteria and procedures for elected positions for the board. The BA Nominating Committee reviews candidates and prepares slates and publicizes criteria and procedures for the BA delegate and alternate to the USBC annual meeting.

(See the USBC Association Policy Manual for composition of the Nominating Committee.)

2.      Finance Committee. The committee is responsible for reviewing and monitoring the annual budget and other financial matters.

 

Section B.      Other Committees

 

The president may establish other committees, with board approval.

 

 

 

*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.

 

*A plurality vote is the largest number of votes cast for a given candidate. The candidate(s) receiving the most votes is(are) elected.

 

 

 

 

 

 

Article IX

Delegate and Alternate to USBC Annual Meeting

 

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.)

 

Section A. Eligibility

Delegates and Alternates must be:

1.   Elected by the BA delegates.

2.   At least 18 years of age.

3.   A USBC member in good standing of the association at the time of election and throughout their term.

 

If a member is elected to represent more than one association to attend the same meeting, the first election shall stand and any succeeding election shall be declared null and void.

Note: If the associationís charter has been revoked they are ineligible to send delegates to the USBC Annual Meeting.

 

Section B. Election

The delegate and alternate serve for one year, beginning August 1, and are elected by:

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.

3.   Plurality vote*. The election shall be by ballot, except that a voice vote may be taken when the number of candidates does not exceed the number of positions to be filled.

 

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.

 

Article X

Amendments

 

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 15 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.(See Section B Change in Dues.)

 

*A plurality vote is the largest number of votes cast for a given candidate. The candidate(s) receiving the most votes is(are) elected.

 

3.      Forwarded by the state association at least 15 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.

 

Article XI

Fiscal Year

 

The fiscal year of this association is August 1 through July 31.

 

Article XII

Indemnification

 

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.