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ARTICLE I NAME
ARTICLE II DEFINITION OF TERMS
ARTICLE III PURPOSE
ARTICLE IV JURISDICTION
ARTICLE V MEMBERSHIP
ARTICLE VI GOVERNING BODY
ARTICLE VII DUTIES OF THE OFFICERS
ARTICLE VIII DUTIES AND PRIVILEGES OF MEMBERS
ARTICLE IX MEETINGS OF THE ASSOCIATION
ARTICLE X ELECTIONS
ARTICLE XI COMMITTEES
ARTICLE XII AFFILIATIONS
ARTICLE XIII AMENDMENTS
ARTICLE XIV SOVEREIGNTY
ARTICLE I: NAME
The name of the organization shall be the Collegiate Baseball Umpires
Association of Upstate New York (CBUA).
ARTICLE II: DEFINITION OF TERMS
For the purpose of this Constitution, the following terms shall have
the respective definitions set forth below:
"
Association" - The Collegiate Baseball Umpires Association of Upstate
New York (CBUA).
"
Executive Board" - The duly elected governing body of the CBUA charged
with the administration of the affairs of the Association.
"
Membership" - The member of the Association who are in "good
standing."
"
Constitution" - The rules set forth herein by which this Association
is guided and governed.
ARTICLE III: PURPOSE
The purpose of this Association shall be:
a) To promote the welfare of the game of baseball and all of its participants;
b) To maintain the highest standards of baseball officiating;
c) To encourage the spirit of fair play and sportsmanship;
d) To promote and represent the legitimate interests and concerns of
its members;
e) To foster a spirit of cooperation with all organizations and individuals
affiliated with the game of baseball;
f) To provide and maintain a sufficient number of high quality baseball
umpires; and
g) To provide services, as required, to the baseball community.
ARTICLE
IV: JURISDICTION
1. INDIVIDUALS. The Association shall be primarily comprised of individuals
from Upstate New York; the area of New York State outside of Metro New
York City, however, membership shall not be limited thereto.
2. SERVICES. The Association shall provide services primarily to the
college baseball community of Upstate New York, and all territories so
assigned
by all appointing authorities.
ARTICLE V: MEMBERSHIP
1. QUALIFICATION. Any person who has held active membership for a minimum
of five years in an approved high school baseball umpires board shall
be eligible to apply for Association membership. Upon majority vote of
the
Executive Board, any applicant may be allowed to substitute equivalent
experience for the above stated membership requirement.
2. METHOD OF APPLICATION. Application for membership shall be made in
writing and received by the Membership Committee of the Association prior
to the
administration of an examination which will be conducted annually provided
there are qualified applicant(s). Each application must be accompanied
by a nonrefundable application fee, the amount of which is to be established
by the Executive Board. Applications shall consist of a professional
resume, a signed recommendation by two CBUA members and a detailed listing
of relevant
officiating experiences.
3. EXAMINATION. An examination shall be administered to all qualified
applicants. The official examination shall be administered by the Executive
Board or
its representative(s). It shall be consist of 1) a written examination
comprised of questions pertaining to college and professional baseball
rules; and 2) a field examination where the applicant will demonstrate
plate and base mechanics. The successful applicant must achieve a passing
grade on both parts of the examination. Applicants will be allowed to
review their graded examination and field evaluation. The Executive Board
shall
be the final authority in determining whether an applicant has achieved
a passing grade on either or both parts of the examination.
4. STATUS OF MEMBERSHIP
a) Regular Membership. Active members who retain good standing in the
Association in accordance with the requirements set forth in Article
VIII, Duties and
Privileges of Members, and all other pertinent articles of this Constitution.
b) Transfer of Membership. A member in good standing of a duly recognized
collegiate baseball umpires association, or other such baseball umpires
association deemed appropriate by the Executive Board, who for geographic
or personal reasons desires to transfer membership to this Association.
Acceptance of transfer credentials is subject to the majority vote of
the Executive Board.
c) Inactive Membership. Those members who choose not to officiate and
so declare in writing to the Secretary of the Association. Inactive members
of the Association may take part in all non officiating activities of
the
Association. Attendance at meetings is not required. Payment of annual
dues is required.
d) Honorary Membership. This category is reserved for individuals who
have distinguished themselves in the interest of collegiate baseball.
Such membership
is attained subject to the majority vote of the Executive Board. An honorary
member shall no longer actively umpire. An honorary member shall not
have the right to vote or the obligation to pay dues.
e) Suspended Membership. A member of this Association in violation of
Article VIII of the Constitution who has been duly notified of such offense
by
the Secretary of the Association. A suspended member has the right of
immediate appeal as set forth in Article VIII.
f) Term of Membership. Applicable membership status is renewable yearly
by meeting all pertinent provisions set forth in this Constitution. Honorary
Members are not subject to yearly renewal of membership.
g) Determination of Membership. Unless otherwise set forth by the provisions
of this Constitution, the Executive Board shall determine membership
qualifications and status.
ARTICLE VI: GOVERNING BODY
1. EXECUTIVE BOARD. The business of the Association shall be managed
by an Executive Board comprised of duly elected members of the Association
pursuant to Article X of this Constitution.
2. EXECUTIVE BOARD AUTHORITY. The Executive Board shall exercise all
the powers of the Association except as otherwise provided by this Constitution
or by a policy, rule or regulation promulgated and agreed to by the Association
membership.3. ENUMERATION. Membership on the Executive Board shall consist
of the following officers; President, Vice President, Secretary, Treasurer,
immediate Past President and six(6) Directors.
4. VACANCIES. With the exception of the Office of President, any vacancy
on the Executive Board may be filled by a majority vote of the remaining
members at a regular or special meeting of the Executive Board. A vacancy
in the Office of President shall be filled by the Vice President.
5. MEETINGS. Regular meetings of the Executive Board may be suggested
at the discretion and direction of the President at a time and place
to be
determined by the President and approved by the Executive Board. These
meetings shall be determined and approved for notification to the general
membership at the annual meeting.
Special meetings of the Executive Board may be called by the President
or three or more members of the Executive Board.
An issue may be decided by a poll of the Executive Board through the
mail or electronic medium and shall in all respects be as valid as those
taken
when assembled.
6. NOTICE OF MEETINGS. Notice of the time, date, and place of all regular
meetings of the Executive Board shall be provided to each member of said
Board at least fifteen (15) days prior to the meeting by the Secretary,
or if the Secretary is unable or unwilling, by the President, or the
designee of the President.
Notice of the time, date, and place of all special meetings of the Executive
Board shall be provided to each member of said Board at least forty-eight
(48) hours in advance of the meeting by the Secretary, or if the Secretary
is unable or unwilling, by the President, by a designee of the President,
or by any member of the Executive Board calling the meeting.
7. QUORUM. At any meeting of the Executive Board, a majority of the members
then in office shall constitute a quorum. No action taken at any meeting
where a quorum does not exist, may be considered binding.
8. EMERGENCY ACTIONS. In the event of an emergency, the President, upon
consultation with a majority of the Executive Board, may take necessary
action without a properly convened meeting as described by Article VI,
Section 5, 6, and 7. Such actions must be ratified, amended, or rescinded
at a regular or special meeting of the Executive Committee.
ARTICLE VII: DUTIES OF THE OFFICERS
1. PRESIDENT. The President shall be the principal representative of
the Association and shall, subject to the direction of the Executive
Board,
have general supervision and control of its business. He/she shall preside
at all Executive Board and general membership meetings of the Association.
He/she shall nominate members to all permanent and special committees
of the Association to be approved by the Executive Board. He/she shall
serve
as an ex-officio member of all Association committees.
2. VICE PRESIDENT. The Vice President shall assist the President and
perform such duties as may be assigned by the President. He/she shall
take the
place of the President when the President is absent or unable to act.
In the President's absence, the Vice President shall perform the duties
and
exercise the prerogatives of the President to the same extent and with
like power which the President would have, if present.
3. SECRETARY. The Secretary shall keep detailed records of all meetings
of the Association and the Executive Board, and shall be responsible
for giving notice to such meetings. He/she shall be responsible for the
coordination
of all Association correspondence and shall maintain accurate records
of all Association business. He/she shall perform related duties as directed
by the President.
4. TREASURER. He/she shall, subject to the direction of the Executive
Board, have general charge of the financial affairs of the Association
and shall
maintain an accurate record of all financial transactions and accounts.
He/she shall have custody of all funds of the Association and shall deposit
such funds in a bank account to be maintained in the name of the Association.
Any bank used for the financial purposes of the Association must meet
the approval of the Executive Board. He/she shall be responsible for
recording
and collecting all dues and other assessments from members. The Treasurer
shall annually prepare and submit to the Executive Board a detailed statement
of the Association's finances which, after approval by the Executive
Board, shall be submitted to the membership. Other financial reports
shall be
prepared as required. He/she shall perform related duties as directed
by the President.
5. DIRECTORS. There shall be six (6) members elected to the Executive
Board on an at large basis in accordance with the provisions of Article
X of
this Constitution. At-Large Members shall serve in capacities so designated
by the President. The Immediate Past President shall serve as a Director
ex officio.
6. PARLIAMENTARIAN. The president will nominate a parliamentarian to
be approved by the Executive Board. The parliamentarian will enforce
the rules
and methods used by the CBUA as described in the constitution.
6. TERM OF OFFICE. The term of office for the President and Vice President
shall be for a period of two years. The Vice President shall succeed
the President upon the expiration of the President's term of office.
The term
of office for elected Directors shall be for a period of three (3) years.
There is no limitation of service for Directors. The Secretary and Treasurer
are nominated by the President and approved by the Executive Board. There
is no limitation of service for the Secretary and Treasurer. Offices
regularly elected shall assume office at the close of the annual business
meeting
at which they were elected, or immediately in the event of a special
election to fill an unexpired term. Directors are to be elected on a
staggered basis,
two each year for a three year term.
7. RESIGNATION. Any officer may resign by delivering his written resignation
to the President or Secretary of the Association, and. such resignation
shall be effective upon receipt unless it is specified to be effective
at some other time or upon the happening of some other event. The president
will nominate a replacement to be approved by the Executive Board. The
replacement will fulfill the officer's commitment, as if he were the
original.
8. REMOVAL. The membership may remove any officer for cause by majority
vote at a meeting called for such purpose. Such removal, however, shall
not occur until after such officer has been offered reasonable notice
and ample opportunity to be heard before the assembled members participating
in such a vote.
9. REMUNERATION. Officers and members of the Association may be compensated
for the exercise of their duties on behalf of the Association, and may
be reimbursed for Association related expenses by the Association, in
amounts to be determined from time to time by the Executive Board, when
in the
opinion of the Executive Board, the financial condition of the Association
justifies such expenditures.
10. OTHER POWERS AND DUTIES. Subject to this Constitution and the rules
and policies governing this Association, each officer shall have, in
addition to the duties and powers specifically set forth in this Constitution,
such
duties and powers as are customary to his/her office and as may be designated
by the Executive Board. All members of the Executive Board shall have
an equal voice and vote on all matters pertaining to the Association
which
is not in conflict with the individual responsibilities of individual
officer's duties as provided for by this Constitution.
ARTICLE VIII: DUTIES AND PRIVILEGES OF MEMBERS
1. REQUIRED ATTENDANCE. Each active and suspended member of the Association
shall be required to attend the annual business meeting and an additional
clinic meeting each year. A fine, as determined by the Executive Committee,
may be imposed for noncompliance.
2. REQUIRED ATTENDANCE EXCEPTION. The Executive Board may, upon written
request of a member, excuse said member from his/her meeting obligation
provided said member produces evidence to the satisfaction of the Executive
Board substantiating a legitimate reason for nonattendance.
3. FINANCIAL OBLIGATIONS. Each member, unless otherwise stipulated by
this Constitution, shall pay such dues and other charges as approved
from time
to time by the membership at a meeting called for such purpose.
4. DUES. Annual dues are payable on or before the annual business of
each year. Members shall receive written notice from the Secretary informing
them of their dues obligation prior to the annual meeting. Dues and assessments
not received in full by the Treasurer within one week after the annual
business meeting shall result in suspension of the offending member.
New members must pay annual dues upon acceptance of membership.
5. GAME FEES. Members are obligated to abide by game and travel fees
established by the CBUA where CBUA jurisdiction has application. This
obligation applies
to both spring and fall baseball games.
6. WORKING CONDITIONS. Members are obligated to abide by all working
conditions established by the CBUA where CBUA jurisdiction has application.
All collegiate
level assignments must be made by the CBUA or associated and approved
body.
7. UNIFORM. A standard uniform dress code for all varsity and sub varsity
baseball games shall be set by the assigning body or commissioner, subject
to the approval by the CBUA membership.
8. DISCIPLINE. Any member conducting him/herself in a manner contrary
to the stated purposes of this association or any member assigning or
knowingly
accepting an assignment with a non CBUA member shall be subject to disciplinary
action by the Executive Board.
9. PENALTIES.
a) Suspension. Any member failing to comply with the required attendance
and financial obligation provisions of this Constitution shall be suspended
from the Association and relinquish all rights of membership, with the
exception of the Right of Appeal as outlined by Article VIII, Section
12 of this Constitution, until such time as reinstatement or expulsion
occurs.
A member may be suspended for violating any other provision of this Constitution
by a majority vote of the Executive Board provided due process has been
accorded the member. Notification of suspension to the affected member
will be made by the Secretary via certified mail.
b) Expulsion. When, in the opinion of the Executive Board, a member has
repeatedly violated provisions of this Constitution, or has by his/her
conduct and action seriously undermined the Association and its membership,
the Executive Board shall take steps to expel the member from the Association.
Expulsion can only be imposed following a majority vote of both the Executive
Board and the Association membership at a meeting called for such purpose.
Due process must be afforded the member. Notification of expulsion will
be made to the affected member by the Secretary via certified mail. Expelled
members must make new application for membership reinstatement.
10. BENEFITS AND ENTITLEMENTS. Each member in good standing is entitled
to all the benefits and entitlements of Association membership. Such
benefits and entitlements not expressly provided for by this Constitution
shall
be determined from time to time by the Executive Board and/or Association
membership.
11. GOOD STANDING. A member shall be deemed to be in "good standing" with
the Association provided he/she meets all of the applicable requirements
provided for by this Constitution.
12. RIGHT OF APPEAL. Each member shall be entitled to appeal, in writing,
any decision affecting his/her membership which may have been rendered
by the Executive Board or the Association membership. Such appeal must
be received by the Chairman of the Grievance Committee within thirty
days of the date of the certified letter notifying the member of expulsion
or
suspension. Decisions affecting a member's membership status must be
provided to the member immediately upon determination of a decision.
The Executive
Board shall immediately conduct a fair and thorough review of the matter
and take action at the next scheduled meeting or special meeting called
for that purpose. Final decisions on matters of appeal rest with the
Executive Board. The appealing member has the right of due process and,
if he/she
desires, may appear in person before and address the Executive Board
prior to final action. When suspension or expulsion results following
the appeal
process, assigning authorities shall be notified.
ARTICLE IX: MEETINGS OF THE ASSOCIATION
1. ANNUAL BUSINESS MEETING. The Annual Business Meeting of the membership
of the Association shall preferably be held on the third Saturday of
January at a time and location to be determined by the Executive Board.
The election
of officers shall take place at this meeting.
2. CLINIC AND RULES INTERPRETATION MEETING. One meeting shall be conducted
annually for the specific purpose of providing the membership with
an opportunity for full discussion of baseball rules and umpire technique.
It is mandatory
that each regular member attend this meeting. The meeting shall be
held
at a time and location to be determined by the Executive Board.
3. SPECIAL MEETINGS. Special meetings of the Association may be called
at any time by the Executive Board or the President.
4. NOTICE OF MEETING. The Secretary shall provide in writing to each
member of the Association notification of all regular membership meetings
at least
thirty (30) days prior to the first scheduled meeting. Such notice
shall include time, date and place of meeting and any other pertinent
information
deemed as necessary by the Secretary.
The Secretary shall provide in writing to each member of the Association
notification of all special meetings at least five days prior to the
individually called meeting. In addition to time, date and place, such
notice shall
concisely state the purpose(s) for which the meeting is called. Only
such purpose(s) shall be considered or dealt with at special meetings.
5. VOTING PRIVILEGES. Members in good standing shall have one vote
which must be cast in person, with the exception of a duly authorized
poll
of the membership by mail. Results of such a poll shall in all respects
be
as valid as those taken when assembled.
6. QUORUM. A quorum shall consist of at least one third of the regular
Association membership in good standing.
7. DISPOSITION OF MATTERS. Any matter before the Association membership
requiring a vote shall be determined by a majority of the members present
and voting, provided a quorum has been established and disposition
of such matter does not require, by this Constitution, other than a
majority
vote.
ARTICLE X: ELECTIONS
1. TIME OF ELECTION. Election of each officer of the Executive Board
to be elected in any year shall be held at the Annual Business
Meeting of
the Association.
2. METHOD OF ELECTION. Election shall be conducted in a manner
determined by the Executive Board. The President shall preside
during the election
of officers and may appoint an electoral committee to assist him/her
in the conduct of the election.
3. VOTING ELIGIBILITY . All members in good standing are eligible
to vote. Voting must be done in person during the scheduled polling
period.
4. POLLING PERIOD. The Executive Board shall establish a suitable
period of time during the election meeting for the purposes of
voting. No
votes may be cast after the close of the polling period.
5. ELIGIBILITY FOR ELECTIONS. Any regular member in good standing
is eligible, for election.
ARTICLE XI: COMMITTEES
1. COMMITTEE MEMBERSHIP. Membership on all committees of the Association
shall be confined to active members who are in good standing.
The President shall serve as ex-officio on all committees.
2. STANDING COMMITTEES. All committee members are to be nominated
by the President. The President shall nominate the committee
chairmen. Committee members and chairman will be approved by
the executive
Board
serve at
their
pleasure and shall be considered coterminous.
a. Auditing Committee. To be comprised of three members who
shall be responsible for conducting a yearly review of the
Association's
financial
accounts
prior to the Annual Business Meeting of the Association, and
to report such findings to the general membership at that meeting.
b. Fees Committee. To be comprised of three members whose duties
shall be to study game fees and travel allowances and to report
their findings
with recommendations for necessary adjustments to the Executive
Board and Association membership.
c. Policy Committee. To be chaired by the Parliamentarian,
and to be comprised of not less than two additional members
whose
responsibility shall be to
examine for improvement the operation of the CBUA, including,
but not
limited to membership procedures, member recruitment, constitutional
review, program
analysis and operating policy.
d. Rules and Interpretation Committee. The chairman of this
committee is considered the Interpreter of the CBUA. To be
comprised of
at least three
members who shall be responsible for conducting, preparing
and administering the membership entrance examination; establishing
standards for proper
field mechanics; and conducting the clinic and Rules Interpretation
meetings.
e. Grievance Committee. To be chaired by the Vice President
and comprised of two other members who shall be responsible
for fielding
any grievance
from the general membership. It is their responsibility to
present the grievance to the Executive Board.
f. Uniform/Equipment Committee. To be comprised of three members
whose duties shall be to enforce the official uniform of the
CBUA, as well
as recommend to the Executive Board any changes in the official
uniform.
g. Membership Committee. To be comprised of not less than three
members whose responsibility shall be to recruit new members.
This committee
will be responsible for applications, testing and and certification
of prospective
members. They will be responsible to provide all necessary
CBUA materials for members.
3. SPECIAL COMMITTEES. To be comprised of members of the Association
appointed by the President from time to time to assist him
in conducting the business
of the Association. Such committees shall be temporary in nature
and shall dissolve at the conclusion of its business or at
the direction of the President.
ARTICLE XII: AFFILIATIONS
The Association may affiliate with other organizations whose
goals are similar in purpose and where such affiliation
is beneficial to the membership
at large.
ARTICLE XIII: AMENDMENTS
1. GENERAL. The power to make, amend or repeal this Constitution
shall be vested in the Association membership at a meeting
of the Association
called for such purpose. Such amendment shall require
a two thirds (2/3) vote of the active members in good standing
present and
voting.2. PROCEDURE.
Any proposed amendment to this Constitution must be submitted,
in writing, to the Secretary of the Association at least
forty-five days prior
to the Annual Business Meeting of the Association. The
Secretary
shall notify
the membership of the proposed change at least thirty
(30) days prior
to
the Annual Business Meeting. All amendments must be voted
on at the Annual Business Meeting in a manner to be determined
by the
Executive
Board
and at a session to be presided over by the President.
Discussion may be held
prior to the vote.
ARTICLE XIV: SOVEREIGNTY
1. APPLICABILITY OF CONSTITUTION. This Constitution shall
be binding on the membership of the Association.
To the extent that the provisions
of
this Constitution may not contemplate any given situation,
the actions of the majority of the Association regularly
assembled
shall be controlling.
2. PARLIAMENTARY PROCEDURE. The business of this
Association shall be conducted in accordance with
the provisions
of this Constitution
and
under the rules
of parliamentary procedure as described in Roberts
Rules of Order (revised). In case of conflict, the
rules and
regulations of
the Association and
the provisions of this Constitution shall prevail.
