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BY-LAWS
OF
HAVERHILL
PARENTS
ATHLETIC
LEAGUE
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ARTICLE I
NAME, OFFICES AND SEAL
| SECTION 1. NAME: |
THE NAME OF THE
CORPORATION SHALL BE HAVERHILL PARENTS ATHLETIC LEAGUE,
INC. THE SPONSORS OF THIS ORGANIZATION ARE THE
CITIZENS OF HAVERHILL, TOGETHER WITH OTHER INTERESTED
INDIVIDUALS AND FIRMS. |
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| SECTION 2. PRINCIPAL OFFICE:
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THE PRINCIPAL OFFICE OF THE
CORPORATION SHALL BE LOCATED AT THE HOME OF THE LEAGUE
PRESIDENT CURRENTLY IN OFFICE. THE DIRECTORS MAY AT ANY TIME
AND FROM TIME TO TIME CHANGE THE LOCATION OF THE PRINCIPAL
OFFICE OF THE CORPORATION IN THE COMMONWEALTH. |
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| SECTION 3. SEAL:
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THE SEAL OF THE CORPORATION
SHALL BEAR ITS NAME. THE YEAR OF ITS CORPORATION, AND THE
WORD “MASSACHUSETTS”, AND SHALL OTHERWISE BE IN SUCH FORM AS
THE DIRECTORS MAY FROM TIME TO TIME DETERMINE. |
ARTICLE II
PURPOSE AND NATURE OF ACTIVITIES
THE ACTIVITIES FOR WHICH THE
CORPORATION IS FORMED AND THE NATURE OF THE BUSINESS TO BE
TRANSACTED BY THE CORPORATION, ARE TO ENCOURAGE THE PARTICIPATION OF
THE YOUTH OF THE COMMUNITY IN THE ATHLETIC EXERCISES AS SET FORTH IN
THE AGREEMENT OF THE LEAGUE AND THE ARTICLES OF ORGANIZATION OF THE
CORPORATION AND ALL AMENDMENTS THERETO WHICH HEREAFTER MAY BE FILED
IN THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH OF MASSACHUSETTS.
ARTICLE III
BOARD OF DIRECTORS
| SECTION 1. GENERAL POWERS:
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THE BOARD OF DIRECTORS SHALL
HAVE THE GENERAL MANAGEMENT OF AND CONTROL OVER ALL THE
PROPERTIES AND AFFAIRS OF THE CORPORATION INCLUDING BUT NOT
LIMITED TO THE DETERMINATION OF THE CORPORATIONS POLICES;
APPROPRIATION OF THE CORPORATION’S FUNDS; AUTHORIZATION OF
CONTRACTS AND PURCHASES; APPOINTMENTS AND REMOVAL OF ALL
AGENTS AN EMPLOYEES OF THE CORPORATION AND FURTHER MAY
EXERCISE ALL THE POWERS OF THE CORPORATION EXCEPT SUCH AS
ARE EXPRESSLY CONFERRED UPON OR RESERVED TO THE MEMBERS BY
LAW OR BY THE ARTICLES OF ORGANIZATION OR BY THESE BY-LAWS |
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| SECTION 2. NUMBER, TERM & ELECTION
OF: |
THE BOARD OF DIRECTORS SHALL
CONSIST OF NINE (9) PERSONS. THE NUMBER OF THE BOARD OF
DIRECTORS MAY FROM TIME TO TIME BE FIXED OR CHANGED BY VOTE
OF THE BOARD OF DIRECTORS. DIRECTORS SHALL BE ELECTED AT
THE ANNUAL LEAGUE OUTING HELD IN THE MONTH OF JUNE EACH
YEAR. EVERY PARENT WHOSE CHILDREN ARE PARTICIPATING IN THE
LEAGUE ARE ENTITLED TO ONE VOTE, NOT TO EXCEED TW0 VOTES PER
FAMILY. THE TERM OF OFFICE OF EACH DIRECTOR SHALL BE
UNTIL THE NEXT ANNUAL OUTING IN JUNE AND THE ELECTION AND
QUALIFICATION OF HIS SUCCESSOR. |
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| SECTION 3. ANNUAL
MEETINGS:
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AN ANNUAL MEETING OF THIS
ORGANIZATION SHALL BE HELD ON THE SECOND WEDNESDAY OF JULY
AT 7:00 PM AT A PLACE TO BE SELECTED BY THE BOARD OF
DIRECTORS AT LEAST 14 DAYS IN ADVANCE THEREOF. NOTICE OF THE
TIME AND PLACE OF THE MEETING SHALL BE GIVEN BY THE
SECRETARY, BY PUBLISHING AN ANNOUNCEMENT THEREOF AT
LEAST THREE (3) WEEKS PRIOR TO SUCH MEETING IN A DAILY
NEWSPAPER OR NEWSPAPER CIRCULATED WITHIN THE CITY OF
HAVERHILL. BUSINESS TO BE TRANSACTED AT THE ANNUAL MEETING
SHALL INCLUDE, BUT WITHOUT BEING LIMITED TO, THE FOLLOWING:
REPORTS OF OFFICERS AND STANDING COMMITTEES, ELECTIONS OF
BOARD MEMBERS AND STANDING COMMITTEES, FURTHER BUSINESS
PROVIDED FOR IN THE BY-LAWS, AND SUCH OTHER MATTERS AS
MAY BE PROPOSED BY ANY BOARD MEMBER IN GOOD STANDING OF THIS
ORGANIZATION. BUSINESS AT THE ANNUAL MEETING SHALL INCLUDE
ELECTION OF NEW BOARD MEMBERS AND THE APPROVAL OF ALL OR ANY
AMENDMENTS OF THE BY-LAWS |
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| SECTION 4. REGULAR MEETINGS:
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THE BOARD OF DIRECTORS SHALL
HOLD REGULAR MEETINGS WITHOUT FORMAL NOTICE ON THE SECOND
WEDNESDAY OF EACH MONTH UNLESS BY A MAJORITY VOTE OF ITS
MEMBERS PRESENT AND VOTING ANOTHER DAY IN THE SAME MONTH BE
DESIGNATED. THE MEETING SHALL BE HELD AT SUCH PLACE AS MAY
TIME FROM TIME BE FIXED BY VOTE OF THE BOARD OF DIRECTOR. |
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| SECTION 5. SPECIAL MEETING: |
SPECIAL MEETINGS OF THE
BOARD OF DIRECTORS MAY BE HELD AT ANYTIME UPON THE CALL OF
THE PRESIDENT OR ANY TWO (2) DIRECTORS BY ORAL, TELEGRAPHIC
OR WRITTEN NOTICE DULY SERVED ON OR SENT OR MAILED TO EACH
DIRECTOR NOT LESS THAN TWO (2) DAYS BEFORE SUCH MEETING.
NOTICE OF A SPECIAL MEETING NEED NOT BE GIVEN TO ANY
DIRECTOR IF A WRITTEN WAIVER OF NOTICE, EXECUTED BY HIM OR
HER BEFORE OR AFTER THE MEETING, IS FILED WITH THE RECORDS
OF THE MEETING, OR TO ANY DIRECTOR WHO ATTENDS THE
MEETING WITHOUT PROTESTING, PRIOR THERETO OR AT ITS
COMMENCEMENT, THE LACK OF NOTICE TO HIM OR HER. |
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| SECTION 6. QUORUM: |
A MAJORITY OF THE BOARD OF
DIRECTORS THEN IN OFFICE SHALL CONSTITUTE A QUORUM FOR THE
TRANSACTION OF BUSINESS AT ANY MEETING OF THE BOARD: BUT IF
LESS THAN A MAJORITY OF THE DIRECTORS ARE PRESENT AT ANY
MEETING, A MAJORITY OF THE DIRECTORS PRESENT MAY ADJOURN THE
MEETING FROM TIME TO TIME WITHOUT FURTHER NOTICE. |
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| SECTION 7. BOARD DECISIONS: |
THE ACT OF A MAJORITY OF THE
DIRECTORS PRESENT
AT A MEETING AT WHICH A QUORUM IS PRESENT SHALL BE THE ACT
OF THE BOARD OF DIRECTORS, UNLESS THE ACT OF A GREATER
NUMBER IS REQUIRED BY LAW OR BY THESE BY-LAWS. |
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| SECTION 8. VACANCIES: |
ANY VACANCY OCCURRING IN THE
BOARD OF DIRECTORS AND ANY DIRECTORSHIP TO BE FILLED BY
REASON OF AN INCREASE IN THE NUMBER OF DIRECTORS, SHALL BE
FILLED BY THE BOARD OF DIRECTORS. A DIRECTOR APPOINTED TO
FILL A VACANCY SHALL SERVE FOR THE UN-EXPIRED TERM OF HIS OR
HER PREDECESSOR IN OFFICE. |
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| SECTION 9. ACTION WITHOUT A MEETING:
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ANY ACTION REQUIRED OR
PERMITTED TO BE TAKEN AT ANY MEETING OF THE DIRECTORS MAY BE
TAKEN WITHOUT A MEETING IF ALL THE DIRECTORS CONSENT TO THE
ACTION IN WRITING AND THE WRITTEN CONSENTS ARE FILED WITH
THE RECORDS OF THE MEETINGS OF DIRECTORS. SUCH CONSENTS
SHALL BE TREATED FOR ALL PURPOSES AS A VOTE AT A MEETING. |
ARTICLE IV
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SECTION 1. OFFICERS: |
THE OFFICERS OF THE
CORPORATION SHALL BE A
PRESIDENT, A VICE-PRESIDENT, A SECRETARY, A TREASURER, A
CLERK, AND SUCH OTHER OFFICERS AS BE ELECTED IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE. THE BOARD OF
DIRECTORS MAY ELECT OR APPOINT SUCH OTHER OFFICERS, INCLUDING ONE
OR MORE ASSISTANT SECRETARIES AND ONE OR MORE ASSISTANT
TREASURERS, AS IT SHALL DEEM DESIRABLE, SUCH OFFICERS TO HAVE THE
AUTHORITY AND PERFORM THE DUTIES PRESCRIBED, FROM TIME TO
TIME, BY THE BOARD OF DIRECTORS.
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SECTION 2. ELECTION: |
ALL OFFICERS SHALL BE
ELECTED BY AND FROM
THE BOARD OF DIRECTORS AT THEIR FIRST MEETING FOLLOWING THE
ANNUAL OUTING IN JUNE
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SECTION 3. TERM: |
ALL OFFICERS SHALL HOLD
OFFICE UNTIL THE
FIRST MEETING OF THE BOARD OF DIRECTORS FOLLOWING THE NEXT
ANNUAL OUTING IN JUNE AND UNTIL THEIR RESPECTIVE SUCCESSORS ARE
CHOSEN AND QUALIFIED.
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SECTION 4. REMOVAL: |
ANY OFFICER ELECTED OR
APPOINTED BY THE
BOARD OF DIRECTORS MAY
BE REMOVED BY THE BOARD OF DIRECTORS
WHENEVER IN ITS JUDGMENT,
THE BEST INTERESTS OF THE
CORPORATION WOULD BE
SERVED THEREBY, BUT SUCH REMOVAL SHALL BE
WITHOUT PREJUDICE TO THE CONTRACT RIGHTS, IF ANY, OF
THE
OFFICER SO REMOVED.
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SECTION 5. VACANCIES: |
A VACANCY IN ANY OFFICE BECAUSE OF
DEATH, RESIGNATION, REMOVAL, DISQUALIFICATION, OR OTHERWISE. MAY
BE FILLED BY THE BOARD OF DIRECTORS FOR THE UNEXPIRED
PORTION OF THE TERM.
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SECTION 6. POWERS & DUTIES: |
THE OFFICERS SHALL HAVE SUCH POWERS AND SHALL PERFORM SUCH DUTIES
AS MAY FROM TIME TO TIME BE SPECIFIED IN RESOLUTIONS OR OTHER
DIRECTIVES OF THE BOARD OF DIRECTORS. IN THE ABSENSE OF SUCH
SPECIFICATIONS, EACH OFFICER SHALL HAVE THE POWERS AND
AUTHORITY AND SHALL PERFORM AND DISCHARGE THE DUTIES OF
OFFICERS OF THE SAME TITLE SERVING IN A NON-PROFIT CORPORATION
HAVING THE SAME OR SIMILAR GENERAL PURPOSES AND OBJECTIVES AS
THIS CORPORATION. ANY VICE-PRESIDENT, ASSISTANT SECRETARY,
ASSISTANT TREASURER OR ASSISTANT CLERK SHALL, IN THE
ABSENCE OR DISABILITY OF THE PRESIDENT, SECRETARY, TREASURER OR
CLERK, RESPECTIVELY, PERFORM THE DUTIES OF SUCH OFFICER
AND SHALL GENERALLY ASSIST THE PRESIDENT, SECRETARY, TREASURER
OR CLERK, RESPECTIVELY.
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SECTION 7. ORDER OF BUSINESS
AND MOTIONS: |
THE ORDER OF BUSINESS,
LEGALITY AND PREFERENCE OF MOTIONS AT ALL MEETINGS,
SHALL BE GOVERNED BY THE RULES OF PARLIAMENTARY PROCEDURE AS
STATED IN ROBERT’S RULES OF ORDER, EXCEPT AS OTHERWISE PROVIDED
IN
THESE BY-LAWS.
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ARTICLE V
COMMITTEES
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SECTION 1. COMMITTEES OF
DIRECTORS: |
THE BOARD OF
DIRECTORS BY
RESOLUTION ADOPTED BY A MAJORITY OF THE DIRECTORS IN OFFICE, MAY
DESIGNATE ONE OR MORE COMMITTEES, EACH OF WHICH SHALL
CONSIST OF TWO OR MORE DIRECTORS, WHICH COMMITTEES, TO THE
EXTENT PROVIDED IN SUCH RESOLUTION, SHALL HAVE AND EXERCISE THE
AUTHORITY OF THE BOARD OF DIRECTORS IN THE MANAGEMENT OF THE
CORPORATION; BUT THE DESIGNATION OF SUCH COMMITTEES AND THE
DELEGATION THERETO OF AUTHORITY SHALL NOT OPERATE TO
RELIEVE THE BOARD OF DIRECTORS, OR ANY INDIVIDUAL DIRECTOR, OF
ANY RESPONSIBILITY IMPOSED ON IT OR HIM BY LAW. |
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SECTION 2. OTHER COMMITTEES: |
COMMITTEES NOT HAVING AND
EXERCISING THE AUTHORITY OF THE BOARD OF DIRECTORS IN THE
MANAGEMENT OF THE CORPORATION MAY BE DESIGNATED BY THE
PRESIDENT. THE MEMBERS OF EACH SUCH COMMITTEE SHALL BE
MEMBERS OF THE CORPORATION, BUT THE CHAIRMAN OF ANY SUCH
COMMITTEE SHALL BE A MEMBER OF THE BOARD DIRECTORS. THE
PRESIDENT OF THE CORPORATION SHALL APPOINT THE MEMBERS THEREOF AND SHALL BE THE EX-OFFICIO
CHAIRMAN OF ALL SUCH
COMMITTEES. ANY MEMBER THEREOF MAY BE. REMOVED BY THE PERSON
AUTHORIZED TO APPOINT SUCH MEMBER WHENEVER IN HIS JUDGMENT THE
BEST INTERESTS OF THE CORPORATION SHALL BE SERVED BY SUCH
REMOVAL. |
ARTICLE
VI
CONTRACTS,
CHECKS, DEPOSITS, EXPENDITURES AND FUNDS
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SECTION 1. CONTRACTS: |
THE BOARD OF DIRECTORS MAY AUTHORIZE ANY
OFFICER OR OFFICERS, AGENT OR AGENTS OF THE CORPORATION, IN
ADDITION TO THE OFFICERS SO AUTHORIZED BY THESE BY-LAWS, TO
ENTER INTO ANY CONTRACT OR EXECUTE AND DELIVER ANY
INSTRUMENT IN THE NAME OF AND ON BEHALF OF THE CORPORATION AND
SUCH AUTHORITY MAY BE GENERAL OR MAY BE CONFINED TO
SPECIFIC INSTANCES. |
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SECTION 2. CHECKS, DRAFTS, OR
ORDERS: |
ALL CHECKS, DRAFTS, OR
ORDERS FOR THE PAYMENT OF MONEY, NOTES, OR OTHER EVIDENCES OF
INDEBTEDNESS ISSUED IN THE NAME OF THE CORPORATION, SHALL BE
SIGNED BY SUCH OFFICER OR OFFICERS, AGENT OR AGENTS OF THE
CORPORATION, AND IN SUCH MANNER AS SHALL FROM TIME TO TIME BE
DETERMINE BY RESOLUTION OF THE BOARD OF DIRECTORS. IN THE
ABSENCE OF SUCH DETERMINATION BY THE BOARD OF DIRECTORS, SUCH
INSTRUMENTS SHALL BE SIGNED BY THE TREASURER OR AN ASSISTANT
TREASURER AND COUNTERSIGNED BY THE PRESIDENT OR THE VICE-PRESIDENT
OF
THE CORPORATION. |
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SECTION 3. DEPOSITS: |
ALL FUNDS OF THE
CORPORATION SHALL BE DEPOSITED FROM TIME TO TIME TO THE CREDIR OF
THE CORPORATION IN SUCH BANKS, TRUST COMPANIES, OR OTHER
DEPOSITORIES AS THE BOARD OF DIRECTORS MAY SELECT. |
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SECTION 4. EXPENDITURES: |
ALL EXPENDITURES MADE BY
OR ON
BEHALF OF THE CORPORATION SHALL BE MADE BY CHECK AND SIGNED AS
PROVIDED FOR IN THIS ARTICLE. THE PRESIDENT OF THE
CORPORATION MAY AUTHORIZE EXPENDITURES BY OR ON BEHALF OF THE
CORPORATION IN AN AMOUNT OF NOT MORE THAN $100.00 OR ANY
OTHER AMOUNT AS MAY BE AUTHORIZED BY THE BOARD OF DIRECTORS FROM
TIME TO TIME WITHOUT THE APPROVAL OF THE BOARD OF
DIRECTORS. ANY EXPENDITURES MADE BY OR ON BEHALF OF THE
CORPORATION IN AN AMOUNT MORE THAN $100.00 OR ANY OTHER
AMOUNT MAY BE AUTHORIZED FROM TIME TO TIME BY THE BOARD OF
DIRECTORS. |
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SECTION 5. GIFTS: |
THE BOARD OF DIRECTORS
MAY ACCEPT ON BEHALF OF
THE CORPORATION ANY CONTRIBUTION, GIFT, BEQUEST OR DEVISE FOR
ANY PURPOSE OF THE CORPORATION. |
ARTICLE VII
BOOKS AND RECORDS
THE CORPORATION SHALL KEEP CORRECT AND COMPLETE BOOKS AND
RECORDS OF ACCOUNT AND SHALL ALSO KEEP MINUTES OF THE
PROCEEDINGS OF ITS MEMBERS, BOARD OF DIRECTORS, COMMITTEES
HAVING AND EXERCISING ANY OF THE AUTHORITY OF THE BOARD OF
DIRECTORS, AND SHALL KEEP AT THE PRINCIPAL OFFICE A RECORD
GIVING THE NAMES AND ADDRESSES OF THE MEMBERS ENTITLED TO
VOTE. ALL BOOKS AND RECORDS OF THE CORPORATION MAY BE
INSPECTED BY ANY MEMBER FOR ANY PROPER PURPOSE AT ANY
REASONABLE TIME.
ARTICLE VIII
NON-PROFIT CORPORATION
THE
HAVERHILL PARENTS ATHLETIC LEAGUE, INC. SHALL BE DEEMED A
NON-PROFIT CORPORATION AND SHALL RECEIVE ALL BENEFITS AND
PRIVILEGES OF SAID CORPORATION. AS A NON-PROFIT CORPORATION TO
ABIDE BY ALL FEDERAL, STATE AND LOCAL, LAWS, STATUTES,
RULES AND REGULATIONS OF SAID CORPORATION. IT IS FURTHER
STATED THAT THE HAVERHILL PARENTS ATHLETIC LEAGUE INC., SHALL NOT
EMPLOY ANY SALARIED EMPLOYEES, EMPLOY NO SOLICITORS TO
COLLECT FUNDS AND TO PAY NO COMMISSIONS TO ANY INDIVIDUAL FOR ANY
REASON.
ARTICLE
IX
WAIVER OF
NOTICE
WHENEVER ANY NOTICE IS REQUIRED TO BE GIVEN UNDER PROVISIONS OF
M.G.L. CHAPTER 180 OR ANY OTHER STATUTE OR UNDER THE
PROVISIONS OF THE ARTICLES OF INCORPORATION OR THE BY-LAWS OF THE
CORPORATION, A WAIVER THEREOF IN WRITING SIGNED BY THE
PERSON OR PERSONS ENTITLED TO SUCH NOTICE, WHETHER BEFORE OR
AFTER THE TIME STATED THEREIN, SHALL BE DEEMED EQUIVALENT TO THE
GIVING OF SUCH NOTICE.
ARTICLE
X
AMENDMENTS
THESE BY-LAWS MAY BE ALTERED, AMENDED OR REPEATED, AND NEW
BY-LAWS NOT INCONSISTENT WITH ANY PROVISION OF THE ARTICLES OF
ORGANIZATION OR STATUTE MAY BE MADE, EITHER BY THE
AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE
CORPORATION ENTITLED TO VOTE THEREON AT ANY REGULAR OR
SPECIAL MEETING OF THE MEMBERS DULY CALLED AFTER NOTICE TO THE
MEMBERS OF THAT PURPOSE, OR BY THE AFFIRMATIVE VOTE OF A
MAJORITY OF THE BOARD OF DIRECTORS THEN IN OFFICE AT ANY
REGULAR OR SPECIAL MEETING OF THE DIRECTORS DULY CALLED AFTER
NOTICE TO THE DIRECTORS FOR THAT PURPOSE. NOT LATER THAN THE TIME
OF GIVING NOTICE OF THE MEETING OF MEMBERS NEXT
FOLLOWING THE MAKING, AMENDING OR REPEALING BY THE DIRECTORS OF
ANY BY-LAW, NOTICE THEREOF STATING THE SUBSTANCE OF SUCH
CHANGE SHALL BE GIVEN TO ALL MEMBERS ENTITLED TO VOTE ON
AMENDING THE BY-LAWS. ANY BY-LAW MADE, ALTERED, AMENDED OR
REPEALED BY THE DIRECTORS MAY BE ALTERED, AMENDED, REPEALED OR
REINSTATED BY THE MEMBERS.
ARTICLE
XI
FISCAL
YEAR
THE FISCAL YEAR OF THE CORPORATION SHALL BE SUCH AS
DETERMINED BY THE BOARD OF DIRECTORS.
ARTICLE XII
MISCELLANEOUS PROVISIONS
| SECTION 1.
REFERENCES: |
ALL REFERENCES
IN THESE BY-LAWS TO THE ARTICLES OF ORGANIZATION AND TO
THESE BY-LAW8 SHALL MEAN THE ARTICLES OF ORGANIZATION AND BY-LAWS
AS ORIGINALLY FILED AND ADOPTED AND AS FROM TIME TO TIME
AMENDED. |
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| SECTION 2.
GENDER: |
WHENEVER ONE GENDER
IS USED IN THESE BY-LAWS IT SHALL BE DEEMED TO INCLUDE ANY
OTHER GENDER WHEREVER THE CONTEXT SO REQUIRES. |
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SECTION 3.
SECRET BALLOTS: |
THE ELECTION
OF THE OFFICERS OF THE CORPORATION AND THE BOARD OF
DIRECTORS SHALL BE BY SECRET BALLOT ON SUCH FORM APPROVED BY THE
BOARD OF DIRECTORS FROM TIME TO TIME. |
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SECTION 4.
DISTRIBUTION OF PROPERTY UPON DISSOLUTION:
ADOPTED
9/13/95 |
UPON DISSOLUTION OF THE LOCAL LEAGUE
AND AFTER ALL OUTSTANDING DEBTS AND CLAIMS HAVE BEEN SATISFIED, THE
MEMBERS SHALL DIRECT THE REMAINING PROPERTY OF THE LOCAL LEAGUE TO
ANOTHER FEDERALLY INCORPORATED ENTITY WHICH MAINTAINS THE SAME
OBJECTIVES AS SET FORTH HEREIN, WHICH ARE OR MAY BE ENTITLED TO
EXEMPTION UNDER SECTION 501©(3) OF THE INTERNAL REVENUE CODE OR ANY
FUTURE CORRESPONDING PROVISION.
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