LEAGUE CONSTITUTION

 

ARTICLE I. THE LEAGUE

 

A. The name of this organization shall be: Almaden Valley Girls SoftBall League (AVGSL or League), located in: Santa Clara County, San Jose, California. AVGSL, a neighborhood association, has been organized as a nonprofit, educational organization, and is incorporated. The League address is: Almaden Valley Girls SoftBall League, P.O. Box 20334, San Jose, CA. 95160. “Lightning,’ “Lightning Softball,’ and ‘Lightning Fastpitch Softball” are names established by the League for use by its sponsored traveling teams.

 

B. The primary purpose of AVGSL is to perpetuate itself through the education, training and organization of unpaid, responsible volunteer adults (twenty-one years old or older), and to position these adults in various assignments within the League structure so that the result of such efforts will be that an educational opportunity will be offered to young girls (five through 16 years of age) to experience instruction and training for the purpose of developing and improving their capabilities as members of the community, utilizing amateur softball programs as a vehicle.

 

C. The League will annually review its affiliation with local, regional or national sponsoring organizations for the purpose of supplying the program with needed insurance and organizational support. League affiliation with such groups will be left to the total discretion of the elected Board of Directors. By choosing its affiliation, the Board will ensure that no local, regional or national sponsoring organization will receive, through implication or consent, any interest in the assets of AVGSL; as such assets have been accumulated by the efforts of local members for the perpetuation of the neighborhood program. As a result, AVGSL will not use the name or logo of any such organization in its publicity or solicitation of finds where such use may be construed to grant such organization an interest in any assets of AVGSL.

 

D. Assets raised by AVGSL will never be dissipated or transferred for any other purpose. All assets will be utilized for the constitutional intent of AVGSL. These assets were raised through the efforts of numerous volunteer adults and registered girls over a period of years for the purpose of perpetuating the growth and development of the Almaden Valley Girls SoftBall League program in their neighborhood.

ARTICLE II. LEAGUE RESPONSIBILITIES.

 

A. All materials, assets, funds, equipment, field commitments, community goodwill and confidential lists, rosters and compilations by or through AVGSL, are irrevocably dedicated to the physical, mental and social education, training, development and organization of young people and adult volunteers through their active participation in an organized, continuous and ongoing exercise of amateur softball programs conducted under the auspices and direction of AVGSL, and as more specifically set forth in its Administrative and Field Playing Rules, as currently published.

 

B. Neither any Board of Directors, nor any individual director, officer, or member of this neighborhood association shall dissipate, transfer, convey, hypothecate, or encumber any assets or items of personal property of the League, or of any team, of whatever nature or kind and wherever the same may be located, to any individual, or entity, whether individual, corporation, association, or otherwise, but shall immediately account for and release this League’s assets and items of personal property to any duly elected/appointed successor Board of Directors, upon the completion of its tenure of office, as set forth herein below.

 

C. No member shall have any interest whatsoever in any of the assets, or items of personal property held by the League, regardless of the manner such assets, or items were acquired, unless a contract exists between a person and the League pertaining to a loaned item.

 

D. Upon the completion of its tenure of office and the election of a successor Board of Directors, members of this League’s Board of Directors, bonded, or not, are jointly and severally responsible to account for, and release all funds, and items of personal property as required herein above. In the event AVGSL is required to file suit against any Board of Directors, or any individual board member, officer, or other member of this League for the accounting, release, and/or surrender of this league’s assets and items of personal property based upon the failure, refusal, or neglect of this League’s Board of Directors, or any individual board member, officer, or other member to surrender this Leagues assets, or items of personal property as provided for herein above, AVGSL shall be entitled, in addition to all other remedies available to them at law, or at equity, to recover its actual attorneys fees and cost of suit incurred as a result thereof

ARTICLE III. MEMBERSHIP ELIGIBILITY REQUIREMENTS.

 

A. League voting membership will include all parents, and/or guardians of the players registered in the League for the current season only. These individuals will be considered members and their names will be placed on a League Voters List (parent and/or guardian of the registered player) maintained by and in the care of the Leagues secretary. Such individuals may be required to present proof of identification when attending any League meeting and/or when attending a meeting where such person could be asked to vote.

 

B. Player eligibility allows the registration of players who are physically and mentally sound and only those who qualify according to the current season’s age requirements and League boundaries. Registration of players with physical or mental impairment may be allowed if certain requirements, as outlined in the Administrative Rules are met. The United States Government’s Title IX exemption is granted to cover the Program because: The program is historically for females only; AVGSL is a nonprofit organization; and the program is extended ONLY to females 16 years old and younger.

 

ARTICLE IV. ELECTED AND APPOINTED OFFICERS AND COMMITTEES.

 

A. Elected officers are: President, Vice-President, Secretary, Treasurer, Player Agent, Umpire in Chief, Division Representatives, Safety Coordinator, Equipment Coordinator, Field Director, Uniform Coordinator, Special Events Coordinator, Fund Raising Chairperson, Snack Shack Coordinator, and Publicity Chairperson. They are to be elected by a majority of qualified voters attending the Annual General Meeting at Closing Day Ceremonies, which is to be held no later than the fourth Saturday in June.

 

B. The League’s Board of Directors will be comprised of those individuals filling the positions named in ARTICLE IV-A, and the past President from the previous season. No other position, or titled person will be allowed a Board Member Position, or a vote on this Board of Directors and no one who has a vote on the Board will be allowed to cast two votes, or hold two positions, both of which are allowed a vote on Board business.

 

C. The Board of Directors is responsible for the timely screening and appointment of qualified individuals to fill vacant positions within the League, including vacancies on the Board of Directors. Such appointments shall be made by a majority vote of the Board, through secret written ballot or voice vote.

 

D. The tenure of office for all elected and appointed League personnel is for one yew September 1st through August 31st - which includes one Fall/Winter season, one Spring season, and one season for traveling teams. All voting members of the Board should have at least one ( player registered in the program during the Spring season EXCEPT the Past President(s). The registered player requirement can be waived by action of the League membership through which such person is elected to the Board or by appointment of such person to fill a vacant Board position by a majority of vote of the Board. A Board Member selected by such a process will remain in that position until the next election.

E. The Board of Directors, as set forth herein above, shall be jointly and severally responsible for the accounting of and the release of this League’s assets and items of personal property upon the completion of its tenure in office and the election of a successor Board of Directors.

 

F. Whenever any of the following positions are vacant, the indicated Board member will assume the duties of the vacant post:

 

Board position                        Assumes the vacant post of

President                               Major Division Representative

                                            Minor Division Representative

 

Vice President                        Rookie Division Representative

                                             Minor Division Representative

 

Secretary                               Publicity Chairperson

 

Player Agent                           Field Director

                                             Uniform Coordinator

 

Umpire in Chief                      Safety Coordinator

 

Safety Coordinator                  Equipment Coordinator

 

This assumption of duties does not entitle the Board member to more than one vote on League matters, and therefore, the assumption does not violate the prohibition contained herein, against members holding two positions. Only the duties of any vacant post will be assumed in accordance with this section of the Constitution, until a qualified individual can be appointed to fill the vacant post.

 

ARTICLE V. LEAGUE MEETINGS.

 

A. A General Meeting MUST be held in a public place once annually, usually in conjunction with Closing Day Ceremonies (which is to be held no later than the fourth Saturday in June) and include the election of officers for the subsequent season. League volunteers who are less than 21 years of age WILL NOT be granted voting privileges, nor will registered players be allowed to vote.

B. Board Meetings Will be scheduled to occur at least once a month. Board Meetings should be held in a public place and must be open to all interested League members. Special meetings convened to screen personnel and other meetings concerning personnel complaints and judgments are exempted from the open meeting requirement.

 

C. Parliamentary procedures, as found in ROBERT’S RULES OF ORDER, REVISED are to be followed at all League meetings.

 

ARTICLE VI. ADMINISTRATIVE & FIELD PLAYING RULES.

 

A. The Administrative Rules (Bylaws); as annually revised, adopted and posted by the Board of Directors; shall govern the administration of AVGSL.

 

B. The Field Playing Rules; as annually revised, adopted and posted by the Board of Directors; shall govern the field play of AVGSL.

 

C. The League Policy Statement and Duties of Board Members; as annually revised, adopted and posted by the Board of Directors; are incorporated herein by reference as a part of this League Constitution.

 

ARTICLE VII. NAMES, LOGOS, INSIGNIAS AND RULES OF PLAY.

 

A. In accordance with Section 21300 through 213110 of the California Corporation Code - which provide that this League shall not permit others to register any Almaden Valley Girls SoftBall League names, emblems, insignias and logos, or names, emblems, insignias, or logos similar to, or so nearly resembling the Almaden Valley Girl’s SoftBall League names, emblems, insignias and logos as may be likely to deceive. “Lightning, “Lightning SoftBall” and “Lightning Fast Pitch SoftBall” are names established by the League for use by its sponsored traveling teams. Gold, blue and white are the established colors for AVGSL traveling teams.

 

ARTICLE VIII. THE TREASURER AND FUND CONTROL.

 

A. All finds donated, collected, raised, or appropriated by, or to the League will be kept in one central fund under the direction and protection of the bonded Treasurer of the League’s Board of Directors.

 

B. The League will provide a blanket bond of not less than $5000, in order that all persons who hold, or collect League assets will be protected, as well as held responsible until proper transfer and accountability of all assets has been made to the legal succeeding Board.

C. A Booster Club, or any other fund raising group MUST BE AUTHORIZED AND WILL BECOME A SUB-COMMITTEE of the legal Board of Directors and must be under the same requirements of the current official rules, directives and this constitution, or it cannot continue as an entity of the League. ALL leadership of such groups MUST BE APPROVED by majority action of the Board. All fund raising efforts of any group under the Board of Directors MUST BE APPROVED by the Board of Directors prior to its commencement and in order to be covered with the League’s liability insurance. The Board of Directors will govern all purchases, charges, and/or disbursements made with its authorization prior to such acts and any such group will deposit to the League treasurer ALL INCOME and make reports on all activities at least once a month (whenever active) to the Board of Directors. Such Groups are NOT allowed to open, and operate their own bank account.

 

ARTICLE IX. METHOD OF AMENDMENT TO THE CONSTITUTION

 

A. This Constitution must be amended by a majority vote of the Board of Directors in the following manner: The proposed amendment must be read for discussion at one Board Meeting. At the next board meeting, the amendment will be reviewed and discussed again, and a legal vote taken.

 

ARTICLE X. PARTIAL INVALIDITY.

 

A. If any article, paragraph, term and/or provision in this constitution is held by a court of competent jurisdiction to be unenforceable, void, or invalid, the remainder of the articles, paragraphs, terms, and/or provisions shall remain in full force and effect and shall in no way be impaired, or invalidated.

 

RATIFICATION BY BOARD OF DIRECTORS

 

By action of the Board of Directors of Almaden Valley Girl’s SoftBall League, this Constitution has been legally adopted at a regular Board meeting.

 

 

 

 

 

                                                                                                                       

President’s Signature                        Secretary’s Signature                        Date