By-Laws
Of
The Norfolk United Soccer Club
August, 2009
PHILOSOPHY AND PURPOSE
A. To insure the orderly conduct of business by creating a climate which promotes teamwork across the entire Norfolk Soccer Community, to develop soccer opportunities at all levels for our players (of all abilities) here in Norfolk, for the players of the Southside Tidewater community and to foster cooperation among all members: players, coaches, parents, officials, schools and leagues.
B. To provide a consistent policy of operational conduct for the Norfolk United Soccer Club (NUSC).
C. Interpretation of these By-laws should reflect understanding of the sport of soccer, stressing moderation, fairness, and sound judgment.
D. The purpose of NUSC shall be to advance the sport of soccer to: first provide recreational and advanced levels of soccer so that Hampton Roads residents have the opportunity to play soccer recreationally throughout their lives and second to prepare those youth players technically and tactically to move to select level of play with our select soccer partner . In this way act as a Norfolk Community partner to support and advance the development of soccer within the Hampton Roads / Southeastern Virginia area.
Mission and Vision of Norfolk United Soccer
A. Our Mission: Develop South Hampton Roads Soccer to Build Fitness, Encourage Teamwork, and Deliver top quality soccer at the recreation, advanced and select levels for the soccer players of the Tidewater Soccer Community. Develop Soccer Skills, Inspire Passion, Shape Lives!! Enjoy the Game!!
B. Our Vision – What we aspire to be – A unified Tidewater soccer community of Club Soccer, schools, and recreations centers working together to develop excellence in soccer skills, provide all levels of soccer in the Norfolk area for boys and girls of all abilities, and deliver an Affordable, Available, Ability appropriate program that offers Opportunity, Choice and Hope. It’s all about all the kids!!
C. The Norfolk United Soccer Club was founded on the principle of service to the city of Norfolk and all the players of the Norfolk Soccer community first and foremost. Norfolk United Soccer Club is unique in that it plays an integral role in improving our community through the promotion of team work and fitness in general, the sport of soccer specifically and responsible stewardship of Norfolk Facilities always. We recognize that only by teaming with all the soccer expertise in our community including Norfolk Public School system, Old Dominion University, City Parks and Recreation, City Parks and Forestry, NUSC and Athletic Club Norfolk (ACN) can we ensure that all the soccer players of Norfolk to be able to play soccer at all levels on the finest facilities that Norfolk can offer.
ARTICLE I
GENERAL PROVISIONS
Section 1. Affiliation. The Norfolk United Soccer Club (NUSC) shall be an affiliate of the United States Soccer Federation (USSF), the United States Youth Soccer Association (US Youth Soccer) and the Virginia Youth Soccer Association, Inc. (VYSA). NUSC shall also be subject to the authority of the Federation Internationale de Football Association (FIFA).
a. To the extent permissible under applicable law, the USSF, US Youth Soccer and VYSA articles of incorporation, bylaws, policies, and requirements take precedence over and supersede the governing documents and decisions of NUSC.
b. To the extent permissible under applicable law, NUSC and its members shall abide by USSF, US Youth Soccer, and VYSA articles of incorporation, bylaws, policies, and requirements, including those regarding interplay.
c. NUSC shall register all of its players, coaches, teams, referees, and administrators with the VYSA once each year in September and pay all dues and fees of the VYSA in a timely manner. Other registrations (e.g., Winter or Spring) will be conducted on an as-needed basis and will comply with VYSA Registration Policy
d. NUSC will not join any organization that has requirements that conflict with USSF, US Youth Soccer, or VYSA articles, by-laws, policies, and requirements.
Section 2. Authority. NUSC shall exercise through its Board of Directors all such powers as may be required in the furtherance of its stated purpose, or purposes, as are not inconsistent with the articles, by-laws, rules, and requirements of the USSF, US Youth Soccer, the VYSA and/or the laws of the relevant jurisdictions.
Section 3. Non-Discrimination. NUSC will not discriminate against any individual on the basis of race, color, religion, age, gender, or national origin.
Section 4. Sexual and Physical Abuse. To the extent permissible under applicable law, NUSC shall adopt policies prohibiting sexual and physical abuse that are consistent with criteria established by the USSF.
Section 5. Tax Status. NUSC is a tax-exempt organization under the Internal Revenue Code of 1954, § 501(c)(3) (as amended).
ARTICLE II
MEMBERSHIP
Section 1. Eligibility. Membership in the Norfolk United Soccer Club (NUSC) is open to all soccer players of the City of Norfolk and surrounding Hampton Roads communities, not subject to suspension under applicable By-laws or Regulations, subject to the acceptance and acquiescence of the NUSC Board of Directors. Acceptance for participation of any player, coach, assistant coach, and other team officials remains solely within the discretion of the Board of Directors of NUSC and is not subject to further arbitration.
Section 2. Youth Soccer Team - Definition. A youth soccer team shall be deemed to be any group of not less than six (6) and no more than twenty-four (24) persons a majority of whom reside in the Commonwealth of Virginia all of whom shall be registered with VYSA, which is organized to compete as a team with a designated person responsible for its activities, which person may be a member of the team, subject to the discretion of the NUSC Board of Directors.
Section 3. Membership Application.
a. Each application for membership shall be on a form as approved from time to time by the Board of Directors and which shall provide that the applicant agrees to abide by the By-laws, policies, procedures and decisions of the Club.
b. Each application shall be accompanied by the fees due for the current period.
c. Applications shall be filed with the Club Administrator and shall be acted upon at the next duly constituted meeting of the Board of Directors following receipt.
Section4. Members & Representation. Member players, being minors, shall be represented by their parents or legal guardians. Players are assigned to teams during team formation and will together, form a “member team”. Each accepted and properly registered “member team” within NUSC will have one vote on issues presented by the board at its discretion to the general membership. The vote will be exercised by the member Team Coach. Matters of policy, rules, or procedures shall remain within the exclusive purview of the NUSC Board of Directors.
ARTICLE III
ORGANIZATION
Section 1. Board of Directors.
a.Fundamental requirements for those desiring to serve as a member of the board are several fold: First, that candidates interested in becoming a board member, serve as coordinator of one of the many volunteer positions listed in the by-laws that are critical to ensuring the club is able to function and to understand the plans and rational for the club. Second they must share the long term mission, vision and goals of Norfolk United in developing an entire soccer community in which Norfolk United is a reliable professional partner that places the interest of all the players and families above itself; third, they must understand that the mission of NUSC is to focus on what is best for all the players not an individual player or team and they must have a passion to provide the children and soccer players of the Hampton Roads community, regardless of city or club affiliation, with the most professional and effective soccer development possible. Lastly, a candidate board member must be willing to team with all the elements of the Norfolk Soccer community to ensure that each soccer player of Norfolk has the opportunity to play at whatever level they desire from Recreation to Virginia Champions League as well as at their schools, public and private, and onward to college.
b. The Board of Directors will come from the community of Norfolk. New Board members will serve as program coordinators. Coordinators will participate in all functions of the club but are non voting member of the board. At the end of that year, if confirmed by the board, Directors will serve for a minimum term of two years, until they resign or a successor is elected and qualifies. The Board of Directors will vote annually to appoint new directors from among the serving coordinators to fill vacant positions. Each director of the board will have 1 vote on all matters. Should there be a tie; the President’s vote shall be the deciding vote of the board.
c. The board will determine the required positions on the board necessary to run the day to day organization of the club. The minimum positions that shall be filled are President, Executive Director, Treasurer and Secretary. The board shall establish and change other board positions as necessary from time to time, which may include: Schools Coordinator, Recreation Director, Advanced Director, Tournament Director, Kidsafe and Scholarship Director etc.
d. In addition to the Board of Directors, the following staff positions sit on the Board of Directors as non-voting members: NUSC Technical Directors, Directors of Coaching, Registrar, and Administrator and other Staff as shall be appointed from time to time.
Section 2. Board of Directors, Authority and Responsibilities. The Board of Directors shall be responsible for and have the final authority, except as otherwise provided, for:
a. Enforcing and interpreting these By-laws.
b. The establishment, enforcement, and interpretation of regulations prescribing rules of play, player/coach eligibility, and the conduct of players, teams, and team officials, for matches, practices, or other activities that represent NUSC either conducted or sanctioned by the VYSA.
c. Approving all players, coaches, and team officials and membership and participation in NUSC.
d. Approving any inter-district or inter-state competition.
e. The establishment of rules or regulations for specific cases not provided for elsewhere, but which are deemed necessary by the Board of Directors to carry out the objectives of the Club.
f. The periodic review and modification of the Club’s By-laws, Rules and Procedures, in order to insure substantial consistency and compliance with the provisions of the Constitution, By-laws, Rules and Regulations of the VYSA, the USYSA and USSF.
g. The conduct of the day to day affairs of the Club pursuant to the directives of the membership.
h. The ratification of appointments made by the President of officers, committee chairmen, and agents of the Club.
i. All initiatives and efforts to improve the delivery of soccer in the Norfolk Community.
Section 3. Removal of a Member of the Board of Directors. Individual members of the Board of Directors may be removed from office by a two-thirds vote of the board of directors. Such requests for removal may be submitted by any member of the Board of Directors. The criteria for removal of a Board Member are:
a. Malfeasance
b. Conviction of a crime classified as a felony under the Code of Virginia
c. Gross Misconduct
d. Suspension from soccer activities by VYSA or senior governing body
e. Failure to attend three consecutive regularly-scheduled meetings of the Board of Directors or one-third of the meetings scheduled in one operating year (should no request for removal be submitted for this case or a removal motion fails under this article), the failure to attend four consecutive regularly-scheduled meetings will result in automatic removal of the Board Member in question
The President shall appoint a replacement Board Member to serve out the unexpired term of a member so discharged. Further, the President shall inform the general membership of the appointment of the new board member at the next general membership meeting.
ARTICLE IV
MEETINGS AND VOTING
Section 1. Membership Meetings. There shall be periodic meetings of the Norfolk United Soccer Club general membership, typically consisting, as a minimum, of one annual meeting prior to the start of the fall season. The quorum for any meeting shall be 20% (twenty percent) of the votes eligible to be cast at any meeting of the general membership or with the approval of the president or meeting chair a quorum shall be declared as those present.
Section 2. Special Meetings. Special meetings of the membership, as may be required from time to time, may be called by the President, with the concurrence of the Board.
Section 3. Notice. The Administrator shall provide notice either by email or on the club website of a meeting of the Club to all members at least ten (10) working days in advance of the meeting date and the notice shall specify an agenda for the meeting; and, a report of actions and policies adopted since the last annual meeting.
Section 4. Voting. When the board calls for a vote on a given topic by the general membership, each member team coach at which such member team is represented and each Director currently seated on the board in good standing shall be entitled to cast a written vote, in accordance with the provisions of Article II, Section 3 of these By-laws. In the event of a tie vote, the Presidents vote shall be the deciding vote. All votes will be in writing and be recorded by name. Member team Coaches may submit votes in writing if they are unable to physically attend a meeting. This absentee voting shall be permitted if submitted to the NUSC Administrator in writing prior to the vote in question. Any such proxy shall be in writing, delivered by the Team Representative and shall be in effect for that issue only. Except as provided for in the By-laws of the Club, majority and two-thirds votes shall be based on votes cast.
Section 5. Board of Directors' Meetings.
a. The Board shall normally meet monthly during the soccer seasons unless the Board directs otherwise and at other times at the call of the President or a majority of the Board.
b. The order of business and agenda shall be as determined by the President or as set forth for general meetings. Three (3) of the voting members of the Board shall constitute a quorum to conduct business. Each member of the Board shall be entitled to cast one (1) vote on any matter of business before the Board. Voting by proxy shall normally not be allowed unless approved by the President on a case by case basis. The Board of Directors may act on any matter without a meeting with the written (e-mail) consent of the majority of the Board of Directors. Except as provided for in these By-laws, majority and two-thirds votes shall be based on votes cast. In lieu of a scheduled meeting, required decisions may be made by email vote or through the use of Internet facilities such as Net Meeting or Chat, as feasible.
c. Executive Session. Periodically, issues that have the potential for conflict or by their nature require complicated discussion or may be embarrassing to an individual member or team may arise for which the Board may go into Executive Session. The President may call the Board into Executive Session at any time. Unless authorized by unanimous vote of the Board members present, a record of the Executive Session will be maintained by the Administrator and not be filed for general inspection.
Section 6. Reporting of Actions. Actions and Policies adopted by the Board of Directors or Officers of the Club shall be reported to its membership at least once each year through the authorized Team Representative and/or directly to the membership as appropriate, either by meeting, email or posting on the website notification or other form of communication. Reports typically will be posted on the Club Web Site or sent via a broadcast e-mail.
Section 7. Rules of Order. All Membership and Board of Directors' meetings shall be conducted in accordance with Robert's Rules of Order or as directed by the Club President. Personal attacks on Team Officials, NUSC Staff or general members or board members, will not be tolerated either at meetings or by written communication and if they occur the president of the board (or in his absence the Executive Director or senior board member) reserves the right to remove the offending party from any meeting or committee or to adjourn the meeting to a later date. The president and board reserve the right to refuse acceptance of a player application of those who by their actions or behavior demonstrate an unwillingness to adhere to the mission, vision and ethics of the league and/or Roberts Rules of Order.
Section 8. Authority of the President. In the absence of a meeting of the Board, the President is charged with the authority and responsibility to act for the Club. However, for decisions concerning the obligation of funds in excess of $750, disposition of Club equipment beyond simple borrowing, or for issues concerning significant disciplinary action, the president may delegate this responsibility to the Executive Director or other senior board member. The President shall make a reasonable attempt to gain the concurrence of at least three other Board members prior to proceeding on significant issues.
Section 9. Authority of the Executive Director. The Executive Director will in consultation with the President and board be charged with the day to day administration of the club and its staff, and shall act as for the President in his absence.
ARTICLE V
THE CLUB YEAR AND ELECTIONS
Section 1. Club Year. The Club’s fiscal year shall begin on the first day of July and end on the 30th day of June.
Section 2. Nomination. No person may be a candidate for the board who has not been nominated to and approved by the Board of Directors. The President shall appoint a Nominating Committee consisting of representatives of board members and/or members of the Club for the purpose of nominating candidates to fill for the vacancies of Officers who shall constitute the Coordinators, the Directors and Board of Directors.
a. The Nominating Committee shall nominate (a candidate or candidates) for each office. After securing the consent of the person(s) nominated, the Committee shall immediately report their nominations to the Board of Directors in writing. The Nominating Committee will accept additional nominations upon written petition of the member and two coaches eligible to vote and with the attestation by the nominee of his willingness to serve.
b. The Board of Directors will interview all final nominees and vote on all nominations to the board prior to the subsequent general meeting.
Section 3. Election. The Board of Directors shall elect new members each year as needed to fill vacant positions. The nominated candidates receiving the greatest number of votes by the Board of Directors for each office shall be declared elected. In the absence of any opposing candidates the entire slate, or any portion thereof, may be elected with one vote (i.e., by acclamation). Voting may, but need not be, by ballot. Those officers elected shall commence their term of office on Sept 1st. The president of the board of Directors will report the results to the Club Administrator. The Club administrator shall post the new board members selected for office to the general membership on the club website.
Section 4. Terms of Election. All candidates selected for coordinator positions and elected shall serve for one year provisionally as a Coordinator and a minimum of two additional years if approved by the board, as a director.
Section 5. One Time Special Transition Rule. At the next election of Directors to the Board after adoption of this rule, the President and Secretary will serve an additional year in their current term to expire in 2010 , the Executive Director , and treasurer will serve an additional two year term to expire in 2011. At large Directors/Representatives will serve a one-year or two year term to expire in 2010/2011 respectively and will be eligible for re-election to a full two-year term at that time.
ARTICLE VI
COMMITTEES
Section 1. The President may appoint, with approval of the Board of Directors, each year standing and special committees to advance the work of the Club in such matters as rules of competition, discipline, scheduling, publicity, membership, field maintenance, Tournaments, and other activities which may be well served by committees. Such committees shall be subject to the final authority of the Board of Directors. The Chairman of any committee shall be named by the President. Committee Chairs may attend meetings of the Board of Directors pursuant to issues within their purview but have no vote. They shall be excused anytime the Board goes into Executive Session.
The Executive Director shall be the Chair of the Finance Committee. The President or his representative shall serve as Co-Chairs of the Adjudication Committee. The Kidsafe Director shall serve as Chair of the Kidsafe / Risk Management Committee.
ARTICLE VII
ADJUDICATION, ENFORCEMENT, AND DISCIPLINE
Section 1. Hearing and Appeal Procedures.
NUSC will provide equitable and prompt hearing and appeal procedures. Pursuant to US Youth Soccer By-Law 701, hearings and other adjudication considered under this Article shall be limited to participation in scheduled matches and inter-team transfer. Decisions of the President or the Board of Directors, properly rendered in accordance with these By-laws and established Rules and Procedures are not subject to appeal or arbitration under these By-laws. However, decisions rendered may be appealed to VYSA in accordance with the VYSA By-Law 701.
Section 2. Jurisdiction of the Board of Directors.
a. The Board of Directors of the Club shall have original jurisdiction over matters relating to the accomplishment of its purposes as set forth in, and the enforcement of, its Bylaws and Rules and Procedures and the constitution, rules, and policies of USSF, US Youth Soccer, and VYSA.
b. The Board of Directors shall have the sole right and authority to suspend, expel, or otherwise discipline for violating the Club’s Bylaws, Rules and Procedures or for other misconduct, the following:
(1) any member, player, coach, manager, or other principal of any component or affiliate of any member team;
(2) any official of a member team or a member team's affiliates;
(3) any official of the Club; and
(4) any spectator at a function sponsored or conducted by the Club or a member of the VYSA.
An action under this subsection may be based either on an original complaint filed with the Club or on the Board's own motion.
c. Disciplinary action taken by the Board of Directors shall be by majority vote in writing.
d. A decision of the Board of Directors under this section is a final decision of the Club and not subject to further appeal or arbitration.
e. The Board of Directors may delegate to a committee any of its powers under this section. Committees may be formed with as few as one person serving within them.
Section 3. Jurisdiction of the Adjudication Committee.
a. The Adjudication Committee shall be made up of members of the board as appointed by the President of the board. The committee chair may add members at large with the approval of the President. The Committee will have the following jurisdiction:
(1) to consider and adjudicate behavior of club players on the field that may have been inappropriate
(2) to consider behavior of club members, coaches or parents that are not in keeping with our club ethics
(3) to consider and adjudicate allegations of assaults and abuses on referees and assistant referees as provided under USSF rules.
b. All outside protests and appeals procedures must be exhausted before a matter will be considered by the Adjudication Committee.
c. The appeal of a decision under subsection – a. (1) or (2) of this section must be submitted to the Adjudication Committee within 48 hours of the decision. Any appeal shall be in writing and shall be accompanied by cash, certified check, or money order for $100 made payable to "NUSC", referenced as a decision appeal fee.
d. All decisions of the Adjudication Committee shall be by majority vote and in writing.
e. A decision of the Adjudication Committee is a recommendation for the full Board of Directors who will act as final arbiter for the issue. The decision of the Board is the final decision of the Club.
Section 4. Due Process. In any proceeding before the Adjudication Committee, any party in interest shall be afforded an opportunity to submit matter in support, rebuttal, mitigation, or extenuation in regard to the party.
Section 5. Instituting Legal Proceedings.
- No party may invoke the aid of any court without first exhausting all administrative remedies provided in these bylaws.
- For violating this section, the offending party is subject to sanctions and fines, and is liable to the Club for all expenses the Club and its officers incurred in defending any court action, including but not limited to the following:
1) court costs;
2) attorney fees;
3) reasonable compensation for time spent by the Association, its officers, employees, and agents in the action, including responses to discovery and court appearances;
4) travel expenses; and
5) expenses for holding special meetings necessitated by the court action.
ARTICLE VIII
COLORS AND INSIGNIA
The representative colors of the Norfolk United Soccer Club shall be decided on by the board of directors. The insignia of the Club may be reproduced, displayed, or otherwise used only as provided by the Board of Directors. These are on file with the Commonwealth of Virginia’s State Corporation Commission Office in Richmond, Virginia.
ARTICLE IX
BUDGET AND FEES
Section 1. Setting of Fees. All fees assessed the membership shall be determined by the Board of Directors. The NUSC Treasurer shall maintain a record of account and prepare an annual budget for submission to the Finance Committee not later than 15 January for the next fiscal year. Changes in fees shall be approved by a majority vote of the Board of Directors.
Section 2. Player Registration Fee. The player registration fees are payable as of Aug 1 and February 1 of each year and will be delinquent after Aug 31 and February 28 unless otherwise provided by the Board of Directors.
ARTICLE X
ADMINISTRATION
The President, with the advice and consent of the Board of Directors shall develop Policies and Procedures which cover the day-to-day operations of the Club, consistent with these Bylaws. Unlike the Bylaws, Policies and Procedures are meant to be dynamic in nature to allow flexibility for the development of such policies and procedures as deemed necessary for the smooth operation of the Club. Changes to the Policies and Procedures will be approved by the Board of Directors.
ARTICLE XI
DISSOLUTION
Section 1. Dissolution. There will be only two ways the Club will be dissolved. The first is by unanimous vote by the Board of Directors for such a recommendation, followed by a unanimous vote of the Club membership. The second is by abandonment. That is, the members and Board of Directors cease to function.
Section 2. Procedures. In the event of dissolution of the Club, all equipment shall be sold with the proceeds being remitted to the NUSC Treasurer. The NUSC Treasurer will then liquidate any further assets and remit the proceeds into the NUSC Treasury. The remaining money in the Treasury shall be distributed equally to each member of the club for further equal distribution to each player on the team. Any excess unclaimed funds shall be remitted to VYSA. A final report of dissolution shall be forwarded to the VYSA State Administrator.
ARTICLE XII
ACCEPTANCE OF BY-LAWS
These By-Laws, once approved as required by the previous By-laws will be considered effective and will be posted to the Club Web Site within 10 days of acceptance by the board.