REVISED October 30, 2016
USATF FLORIDA ASSOCIATION, INC.
(A NOT FOR PROFIT ORGANIZATION)
General Purpose: Using the Articles of Incorporation of this Association as the source document; these bylaws are to define in more detail the day-to-day functional operation of this company.
ARTICLE 1. NAME AND INCORPORATION:
The name of the organization shall be the USATF/FLORIDA ASSOCIATION, INC. (hereinafter referred to as USATF/FL), which shall be incorporated as a "Not for Profit" corporation under the Laws of the State of Florida. USATF/FL shall maintain as Association Membership with the National Governing Body for Athletics, presently known as USATF/Federation (hereinafter referred to as USATF) for the sports of Track and Field, Race Walking and Long Distance Running, and be subject to their authority.
ARTICLE 2. DEFINITIONS:
Athletics: Inclusively the sports of Cross Country Running, Long Distance Running, Track and Field, Race Walking and any other jurisdiction granted to/and by The USATF.
Athlete: An individual who actively competes in athletics.
ARTICLE 3. OBJECTIVES:
The objectives of USATF/FL are to encourage, improve, and promote and provide education in physical fitness, help in preparing for Olympic and international competition, good community relations, high moral standards and to combat juvenile delinquency through the sports of Athletics throughout its territory in accordance with the standards and under the rules prescribed by the USATF.
ARTICLE 4. TERRITORY:
The boundaries of The USATF/FL shall be the State of Florida.
ARTICLE 5. AUTHORITY:
As a member association of USATF, the USATF/FL possess, all the authority of that body in Athletics in accordance with the powers vested in USATF by the Amateur Sports Act of the United States, 1978. The USATF/FL shall be autonomous in the administration of the sport of Athletics and to that end shall exercise independent jurisdiction and control over the administration, eligibility, sanctioning authority, representation, and rules of competition for the sport of Athletics within its territory, and shall elect delegates to USATF.
ARTICLE 6. MEMBERSHIP:
The membership of The USATF/FL Association shall consist of those organizations, Institutions, Clubs and individuals actively promoting and/or participating in the sport of Athletics. These shall be the types of members of the USATF/FL.
1. MEMBER CLUBS: Organizations interested in the sport of Athletics. Membership may be as a National or Association club.
2. ATHLETE MEMBER: A person who is registered as an amateur athlete and who shall have no dues obligation other than the registration.
3. COACH: Any active coach of one or many athletes of any age in the sport of Track and Field, Long Distance Running or Race Walking.
4. OFFICIAL: Any USATF, High School or other certified official.
5. ADMINISTRATOR: Any event administrator in the sport of Track and Field, Long Distance Running and Race Walking.
6. PARENT: Any parent of a member athlete in USA Track and Field.
7. ACTIVE NON-ATHLETE: A person who does not fit into one of the above categories.
All of the above members shall pay yearly dues as set forth by USATF/FL and member clubs and shall be approved for membership by the Executive Committee.
ARTICLE 7. HOUSE OF DELEGATES:
The USATF/FL shall be governed by a HOUSE OF DELEGATES.
The Balanced Meeting Ballot Method as stated in the National Regulation 15 B 4 d shall be used to select the House of Delegates and there shall be a maximum of 100 available votes.
1. Constitution of the House of Delegates:
The House shall be made-up of representatives of the following constituencies:
A. Organizational Members: one representative of each Member Club plus one additional representative for any Member Club with Athlete
Members of USATF/FL in excess of fifty (50) and shall constitute 40% of the House.
B. The members of the Executive Committee (see Article 10). These other members shall constitute 20% of the House.
C. Officials shall constitute 10% of the total membership of the House. This is additional to the Officials Representative who is a member of the
D.(i) Athletic Representatives shall constitute 20% of the total membership of the House. An athlete must be at least 18 years of age to be a
delegate. Athlete Representatives shall be athletes as defined herein. Athlete Representatives shall serve until the next annual meeting.
(ii) In an athlete caucus, youth (18-year old), open (non-international ages 19-39), international (“ten-year” rule regardless of age), and masters (40-and-above) athletes must each be represented if member athletes are present and available. In such a case, the number of votes granted to a division above shall be as equal as possible, regardless of the number of athletes present from a division.
(iii) Athletic Representative Members of the House of Delegates shall be elected by and from all the registered athletes present at the annual meeting immediately prior to the first session of the House of Delegates at the Annual Meeting. The specific time and location shall be scheduled as a part of the official published, annual meeting schedule. The Secretary of USATF/FL shall be notified in writing of the names of the Athlete Delegates prior to the first session of the House of Delegates. In the event that there are insufficient Athletes present at the Annual Meeting to fulfill this requirement, then all the Athletes there present shall serve as Members of the House of Delegates except that the provisions of Article 7.1 D(ii) shall apply.
E. Coaches shall constitute 10% of the total membership of the House.
2. Constituencies with more individuals than votes allowed will caucus before the election to determine the votes or appointment of votes. The specific time and location shall be scheduled as a part of the official published annual meeting schedule. The Secretary of USATF/FL shall be notified in writing of the names of all members elected or appointed prior to the first session of the House of Delegates.
3. Designation and Election of Delegates and Notification of Secretary.
The President or official leader of each Member Club shall notify The Secretary of USATF/FL of the name(s) of the designated representatives of the Club who shall be members of The House of Delegates. Such notification shall be received in writing no later than 7 days prior to the opening session of the Annual Meeting.
4. Individuals, organizations or any person representing an organization in Association voting matters or is a member of the House of Delegates must be members in USATF/FL in the month, which ends more than one month preceding the election (e.g., if the election is held at any time in September, the membership must be processed by July 31).
ARTICLE 8. MEETINGS:
The Annual Meeting of the House of Delegates shall be held each year between August 1st and October 20th. Special meetings shall be held at such other times as called by the President, Executive Committee, and/or 20% of the members of the House of Delegates by written request. Special meetings shall take place no later than 45 days after the Secretary receives the written request for such time, place, and the purpose thereof, shall be given to all members and interested parties at least 30 days prior to the annual meeting, and 10 days prior to a special meeting. At any meeting the voting members present shall constitute a quorum. The Annual Meeting shall be open to all members of USATF/FL, but only members of the House of Delegates have a vote.
Any notice of a meeting change or change in the election process must be at least fourteen (14) days prior to the meeting.
At all meetings of the House of Delegates, the following is the order of business:
1 Roll call of Delegates
2. Reading of the minutes of previous meeting
3. Treasurer's report
4. Report of Officers and Committees (submitted to the Secretary in writing).
5. Unfinished business
7. Election of Officers at the annual meeting in each year the summer Olympic Games are held Standing Committee Chairpersons (annual meeting in odd numbered years)
8. New business
The Executive Committee shall specify the edition of Robert’s Rules of Order which shall be the general rules of order, except where they are in conflict with the provisions of these Bylaws in which instance these Bylaws shall prevail.
ARTICLE 9. VOTING:
Each Member of the House of Delegates shall have one and only one vote. The minimum voting age is 18 years of age. Prior to any meeting of The House of Delegates, the Secretary of the USATF/FL shall issue one and only one voting credential to each Member of the House of Delegates present at the Annual Meeting. No Delegate shall be permitted to represent or vote as a representative of more than one constituency of the House of Delegates. In the event of a delegate having a vote as a representative of more than one constituency of the House of Delegates, then the delegate shall choose one such constituency and relinquish all other voting rights. The constituents thereby affected shall advise the Secretary in writing of the name of an alternative delegate,
All delegates shall be present at meetings of The House of Delegates in order to vote. Absentee voting will be permitted if mailed in advance to allow for each voting member the right to cast a vote. There shall be no proxy voting permitted.
Credential disputes must be resolved before the election process is started with nominations and/or the reports of the nominating committee.
An appointed committee chair or appointed Executive Committee member shall not vote in elections in that capacity, but may otherwise qualify for a vote.
Immediately before the first vote the Secretary shall advise the House of the total number of delegates there present and entitled to vote.
ARTICLE 10. EXECUTIVE COMMITTEE:
There shall be an Executive Committee of USATF/FL composed of the following members:
A. The Officers (6 persons)
B. The Chairpersons of each Standing Sports Committee (11 persons)
C. Three (3) Athlete At-Large representatives (as elected by the House of Delegates at the annual meeting in even numbered years, for two year terms)
D. One (1) representative of the Officials Committee as elected by the Officials Committee
To be a member of the executive committee a person must have a current USATF background check and to be currently listed as having completed the “Safe Sports” program. Failure to meet either or both of these requirements is grounds for automatic removal and would prevent someone from being elected or appointed to the Executive committee.
If a Committee member misses half or more of the meetings of the Executive Committee within a year, they will be subject to removal. If the removed member is a Standing Committee Chair they would also be removed of their chairmanship. For removal purposes Committee meetings held within 48 hours shall be considered a single meeting.
The Executive Committee shall have the authority to act for the House of Delegates between meetings of the House. Meetings of the Executive Committee shall be convened by the President. The Executive Committee shall meet a minimum of twice a year, with one of these meetings taking place on the same date and location as the Annual Meeting of the House of Delegates. The President or 40% of the Executive Committee can call for a meeting of the Executive Committee. When the President receives a request for a meeting from 40% of the Committee he/she shall direct the Secretary to notify the committee of a meeting, which must be held within three weeks of the request unless the request is for a later date. The Secretary shall send notice of meetings of the Executive Committee at least 10 days in advance of such meeting. Whenever possible, all of the House membership shall be notified of the impending meeting of the Executive Committee.
The presence of forty (40%) per cent of the members shall constitute a quorum of any meeting.
It shall be the duty of the Executive Committee to administer the business and the program of USATF/FL as adopted by the House of Delegates. The Executive Committee shall also determine the Operating Rules and Procedures of USATF/FL (as distinct from The Rules of Competition of USATF). Also, it shall elect the delegates to the USATF annual convention.
The Executive Committee shall set a maximum amount for reimbursement for actual costs related to registration, travel and housing for Delegates to the USATF Annual convention. Meals will not be included. In other words, if the allocation is $500 .00 and the actual costs do not equal that amount, and then a person will only be reimbursed for their actual expenses. No reimbursements will be made without actual receipts, attend the final meeting and submission of the mandated committee reports.
ARTICLE 11 OFFICERS:
The officers of USATF/FL shall be:
Two (2) Vice Presidents (one from the northern part of the State and one from the southern part)
The division between the North and the South shall be the southern border of: Pinellas, Hillsborough, Polk, Osceola, Brevard Counties and the northern border of: Indian River, Okeechobee, Highlands, Hardee, and Manatee Counties.
Each Officer shall serve for a term of 4 years following elections. There shall be no established succession to any office other than for the office of President. In the event an officer resigns or is unable to serve, his or her successor shall be temporally chosen by the Executive Committee to serve until a special election shall be held for the unexpired portion of the term. The election will be at the next annual meeting after a vacancy exists, provided proper notice has been given (see Article 12 Nominations and Elections). In the event of a vacancy of the office of President, the Executive Vice President shall serve as President until an election can be held as per above. No person shall serve in the same office of President, or Executive Vice President for more than two (2) successive four (4) year terms.
An officer may be removed from his or her position if a majority of the Executive Committee, acting at a regular or special meeting in which a quorum is present, determines that the person has been guilty of (1) failure to attend meetings as required elsewhere in these bylaws, (2) malfeasance, (3) misfeasance, or (4) nonfeasance.
ARTICLE 12 NOMINATIONS AND ELECTIONS:
1. Nominating Committee:
Each year when the summer Olympic Games are held the Executive Committee shall appoint a nominating committee consisting of four members of the House of Delegates to serve as chairperson and members of the Nominating Committee.
The duty of the Nominating Committee shall be to accept and record all nominations as submitted by the House of Delegates for all elected offices. Members of the Nominating Committee must agree that they will not seek to become an officer in the Association at the forthcoming election and will refuse nomination from the floor.
The Secretary shall notify all members at least ninety (90) days prior to the annual meeting, that nominations (a resume of qualification is required for each nominee) for offices are to be submitted no later than forty-five (45) days prior to the annual meeting. If no one is nominated for an office within sixty (60) days prior to the annual meeting, the Nominating Committee may solicit candidates for that office.
The Secretary shall notify all members of the House of Delegates of the nominees at least thirty days prior to the annual meeting.
All nominations shall be made to the Secretary, who shall immediately advise the Chair of the Nominating Committee. Nominations may be made from the floor at the annual meeting for any elected office. A one-page resume must be submitted for each candidate running for office. Said resumes are to be copied by the nominator and distributed to all delegates at the annual meeting. If a nomination is made from the floor the Nominator must give the Nominee’s qualifications and submit them to the Secretary in writing.
A candidate must be a member of USATF/FL in the month, which ends more than one month preceding the election (e.g., if the election is held at any time in September, the membership must be processed by July 31), and must be at least 18 years of age (at the start of the term of office).
A candidate needs one nominator and one second who are both members of USATF/FL.
2 - Elections:
The election of all USATF/FL Officers shall be conducted by secret ballot at the annual meeting of the House of Delegates in the year when the summer Olympic Games are held. If there are more than two candidates for the same office and no candidate receives a majority of the votes cast, then the candidate with the least number of votes shall be removed from the next ballot and this process shall continue until a candidate is elected by a majority of the votes cast.
A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the tally. All panel members shall be of voting age. The panel shall not include any individual who is a candidate for a contested office. The panel may consult as necessary with the chair, secretary, and/or parliamentarian (so long as they are not candidates for contested offices) on procedural matters.
The chairpersons of the standing sports committees and the Officials committee shall be elected, in odd numbered years, by the members of the respective committees present at the Annual Meeting. The President with the approval of the Executive Committee shall appoint the chairpersons of administrative committees.
2 – Employees and Elections:
Current employees (working within the past ninety days) shall not participate in any part of the election process (nominations or campaigning), but at the discretion of the Association, be permitted to vote if they are members and otherwise eligible; and Association employees may, at the discretion of the Association, seek election by the Association as a national delegate, or any other representative position at the national level.
ARTICLE 13 DUTIES OF THE OFFICERS:
The duties of the Officers of USATF/FL are those that are promulgated by USATF/FL, and in addition, are as follows:
1. President: The President is the chief representative USATF/FL and shall preside at all meetings of the House of Delegates and the Executive Committee. The President shall be an ex-officio member of all committees and shall be accountable to the House of Delegates and The Executive Committee. The President shall manage and supervise the affairs of the Association, including the appointment and supervision of such paid personnel, consultants, and staff positions as may be previously authorized and approved by the Executive Committee.
The President with the advice of The Executive Committee shall appoint committees or ad-hoc committees to deal with various matters such as, but not limited to: membership and registration, promotions and publicity, etc.
2. The Executive Vice President: The Executive Vice President shall assist the President in conducting the business of USATF/FL and act for the President as instructed by the President and The Executive Committee. In the event that the President is unable to perform the appropriate duties, the Executive Vice President shall serve as President pro tempero until the President is able to resume his or her duties. In the event that the President dies, resigns, is impeached or is permanently unable to carry out his or her duties, the Executive Vice President will assume the office of President until an election can be held as under Articles 11 and 12.
3. Vice-presidents (North & South): The Vice-presidents shall perform such duties as shall be assigned to them by USATF/FL and the President. Further each Vice-president shall supervise, guide, and coordinate the business of USATF/FL in the part of the State assigned to him/her.
4. Secretary: The Secretary shall make proper arrangements for keeping the records of the Association, conducting all official correspondence of the House of Delegates, and shall also serve as secretary to the Executive Committee. The Secretary shall also be responsible for supervising USATF/FL staff in:
a) the determination of the membership of The House of Delegates, determining and issuing of delegate credentials
b) the production and distribution of the official notice of The Annual Meeting of The House of Delegates
c) shall in general perform all duties normally pertaining to the office of Secretary.
5. Treasurer: The Treasurer shall be responsible for the receipt, disbursement and accounting for all funds of USATF/FL. The Treasurer shall personally or by the supervision of an appropriate staff member, pay all bills approved by the Executive Committee, keep/ or cause to be kept a correct and complete record or account, showing accurately at all times the financial condition of this USATF/FL with such depositories as the Executive Committee shall mutually agree on. The Treasurer shall, whenever required by the Budget and Finance committee, or the Executive Committee, submit and turn over to them all monies, accounts, books, papers vouchers and records including bank or check books relating to his/her office and shall turn over the same to his/her successor when taking office, or upon his/her removal from office for other reasons. Each year the Treasurer shall engage the service of an outside Certified Public Accountant to review the accounts of USATF/FL and prepare financial documents as is legally necessary and/or for the purpose of adequate disclosure. The Treasurer shall furnish at meetings of the Executive Committee or whenever requested by The Executive Committee, a statement of the financial conditions of USATF/FL and in general perform the duties of the office of Treasurer.
The books of USATF/FL shall be available for inspection by any member in good standing of USATF/FL in accordance with the operating rules and procedures as determined by the Executive Committee.
ARTICLE 14: EXECUTIVE DIRECTOR:
The Executive Committee may hire an Executive Director. The Duties of the Executive Director shall be determined by the Executive Committee and The Executive Director shall be responsible to the Executive Committee and shall be supervised by the President. The Executive Director made be removed by a 2/3 majority vote of the Executive Committee. The term of appointment of the Executive Director shall not exceed two years and an Executive Director may, at the end of the term, be reappointed for a new term. The number of terms to which an Executive Director may be appointed, shall be without limit.
ARTICLE 15: REMOVAL, SUSPENSION EXPULSION AND REINSTATEMENT:
In dealing with matters concerning the removal, suspension, expulsion and reinstatement of members and/or registered athletes, USATF/FL shall proceed according to the provisions of Article 19 of the Bylaws of USATF.
ARTICLE 16: COMMITTEES:
The following committees and councils of USATF/FL are established along the following Divisional groups with such duties and responsibilities and make-up as outlined below. All elected and appointed members of any committee shall be members of USATF/FL.
1. High Performance/Track & Field Division: Type
Men's Track & Field Committee Sport
Women's Track & Field Committee Sport
Masters Track & Field Committee Sport
2. Long Distance Running Division:
Men's Long Distance Running (Road Running) Committee Sport
Women's Long Distance Running (Road Running) Committee Sport
Masters - Long Distance Running (Road Running) Committee Sport
Cross-Country Committee Sport
Mountain/Ultra/Trail Committee Sport
3. General Competition Division:
Disabled Athletes Committee Sport
Race Walking Committee Sport
Officials Committee Operating
Youth Athletics Committee Sport
A Standing Sport Committee shall have the right to appoint subcommittees in order to conduct or manage any aspect of its business. The membership of such a subcommittee need not be limited to members of the Sports Committee itself.
Each Member Club and each Affiliate Member organization shall be entitled to appoint one representative to serve on each Standing Sports Committee. Member Clubs with more than 50 members may appoint a second representative to each Standing Sports Committee and these are the only members who have a vote in committee meetings.
Providing sufficient number of Athletes are present at the Annual Meeting, Athletes shall make up 20% of each Committee membership. It is the responsibility of the Chairperson to appoint the athletes if participation of athletes does not exist.
The powers and duties of each Standing Sports Committee shall be:
A to elect the appropriate number of representatives, which shall include its Chair, to the equivalent USATF Standing Sports Committee.
B to conduct, manage and award all Championships of USATF/FL in its sport and submit a proposed budget to the Executive Committee for approval 60 days prior to the event.
C to direct all Association Championship entry fees to USATF-FL
D to direct all invoices/expenses to the Treasurer of USATF-FL for payment
E to submit a financial statement to the Treasurer at the conclusion of their Association Championships
F to approve the officials for the championships in its sport
G to promote and govern its particular sport within the territory of USATF/FL
H to prepare a budget each year and submit the budget together with and as a part of an application to the Executive Committee for the funds necessary to conduct its business and programs for the coming year
I to use committee/council funds to pay the expenses of athletes and/or teams taking part in competition
J to appoint subcommittees, the members of which need not be members of the standing sports committee or council, to manage events or for other purposes
K to insure that a post championship report has been submitted by a club that has hosted a prior championship before awarding the right to host a championship the following year (note: reports need to be submitted even if the championship is for a different distance). The reports are to be submitted to the Secretary
A Committee Chair may be removed from his or her position if a majority of the Executive Committee, acting at a regular or special meeting in which a quorum is present, determines that the person has been guilty of (1) failure to attend meetings as required elsewhere in these bylaws, (2) malfeasance, (3) misfeasance, or (4) nonfeasance.
4. Officials Committee
The goal of the Officials Committee shall be to develop and improve officiating and the duties of the Officials Committee shall be to train, certify, promote USATF membership and respond to requests by meet directors for the provision of officials to the USATF officials committee for designation as Master, National, Association and IAAF certified officials.
The committee may recommend to The Executive Committee the appointment of a qualified person or persons to be the Official record Keeper(s) for USATF/FL. The duties of record keepers and procedures for determining and keeping records shall be determined by the Executive Committee as part of The Operating Rules and Procedures of USATF/FL.
The committee shall consist of all currently certified officials present at The Annual Meeting and may elect its own officers except that the provisions of Article 12.2 shall apply. Only those officials that are members of USATF/FL may vote.
This committee shall organize its members to cover track and field events based on the priority of USATF/FL, High School, all others. Also, ensure that in any USATF/FL championship meet priority will be given to those certified officials that are members of USATF/FL.
5. Administrative Division
Budget and Finance
Law and Legislation
Any Temporary Committee
Additional standing administrative committees may be created by a majority vote of The House of Delegates.
Duties and Responsibilities of Administrative Division:
A. Budget and Finance:
(I) Audit and examine the accounts of the Treasurer, and that of any Committee within 60 days of the annual House of Delegates Meeting or at any other time as requested by The Executive Committee, and report its findings to The House of Delegates or the Executive Committee.
(ii) Consult with the various committees on matters pertaining to the financial well-being of USATF/FL and advise accordingly
(iii) Receive the budget proposals from the various Standing Committees and prepare an annual budget and submit it to the Executive Committee at least 60 days prior to the annual meeting.
(iv) In consultation with the appropriate Sports Committees, recommend to the Executive Committee all due and fees to be paid to USATF/FL.
The Budget and Finance Committee shall consist of the President and four other members elected from the members of The Executive Committee. Members elected to the Budget and Finance Committee shall serve for two years or until they cease to be members of The Executive Committee. During the annual meeting of The House of Delegates, The Executive Committee shall nominate a number of candidates sufficient to fill all and any vacancies on The Budget and Finance Committee and offer these nominees to the House of Delegates for approval.
B. Coaches Education/Certification
The Committee, shall develop, promote and produce coaches’ education clinics and workshops throughout the year in each of various centers of the state.
The committee shall maintain communication with the national chairperson of the Coaches Education/Certification Program for USATF; the other members shall elect one member of the committee chairperson.
C. Law and Legislation
The Committee shall consider and present in proper form for all amendments to the Bylaws and Operating Regulations and may make recommendations thereon.
D. Event Management
(i) The Committee shall assist the various sports committee chairs in preparing their championship’s budget and concluding financial statement.
(ii) Ensure that entry fees are paid to the Association.
(iii) Ensure that all USATF Rules of Competition for Association Championships and Records are complied with.
(iv) Assist with on-line registration.
E. Temporary Administrative Committees
The House of Delegates may create temporary administrative committees. The President, with the approval of The Executive Committee may create temporary administrative committees to serve until the next meeting of the House of Delegates.
ARTICLE 17 INTERNAL GRIEVANCE PROCEDURE ARBITRATION/APPEAL:
1. Any member of USATF/FL may file a written notice of grievance or allegation of violation of The Bylaws, rules or Rules of Competition of USATF/FL with the Secretary at the office of USATF/FL pertaining to any matter-within the jurisdiction of USATF/FL.
2. Such notice shall be in the form of a complaint, shall be signed under oath and shall allege with particularity the nature of the complaint and/or each claimed violation of the aforementioned documents by reference to specific sections thereof, stating in concise language how, when and where the alleged violation occurred. The factual allegations shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation.
3. Upon receipt of a complaint, the Secretary shall, within seven days, refer it to the President who shall ask the chairperson of the appropriate standing sport committee, other another appropriate officer of the USATF/FL to attempt to resolve the complaint at an informal level.
4. If, after 15 days from the time the President referred the complaint for informal resolution, it remains unresolved, the President will appoint a panel of three to hear evidence, to include at least one active athlete to make findings of fact and adjudicate the issues raised, the panel shall report its findings within thirty days after its appointment. If the panel needs additional time beyond thirty days, the Executive Committee may grant extensions totaling not more than forty-five days. The determination of the panel may be appealed to the Executive Committee, the decision of which shall be final. The arbitrators shall not be members of the Executive Committee.
Any party subject to a grievance or disciplinary proceeding shall have the right to object to the participation of an arbitrator who the party feels cannot act impartially due to real or perceived conflict of interest. The objection shall first be made to the President if the party subject to the proceeding is not satisfied then they may appeal to the entire Executive Committee.
5. Fair notice and an opportunity for a full hearing shall be accorded to any person, athlete, coach, trainer, manager, administrator or official before USATF/FL declares such individual’s ineligible to participate in athletic competition.
6. At any hearing conducted in accordance with this Article, all interested parties shall have the right to counsel, to present evidence in support of or in opposition to the grievance or complaint, to cross-examine witnesses, and to present such factual or legal claims as will support their positions. The hearing panel shall not strictly enforce the rules of evidence; instead the rules of evidence that are generally accepted in administrative proceedings shall be applicable. The panel shall report its findings of fact to The Executive Committee and all interested parties.
7. Disputes between Standing Sports Committees will be settled through compulsory and binding arbitration by a committee of members of the Executive Committee consisting of an equal number of representatives of each of the involved committees and an impartial Chairperson.
8. If the grievance or disciplinary proceeding is against the President, then the Executive Vice President shall act in his/her stead. All other officers are members of the Executive committee and therefore are excluded from the grievance process automatically.
9. The arbitrators have the right to dismiss or rule against any party who delays the proceeding, is uncooperative or is unprepared to present evidence or a defense at the grievance or disciplinary hearing; provided that proper advance notice of the hearing has been given to the party.
10. The decision of the arbitrators to be appealed pursuant to USATF Regulation 11-P.
ARTICLE 18 FISCAL AND LEGAL MATTERS:
1. The fiscal year of USATF/FL shall be set by The Executive Committee and be part of the Rules of Operation of USATF/FL.
2. The Executive Committee shall, from time to time as necessary designate depositories for funds, property and assets belonging to or under the control of USATF/FL.
3. Funds on deposit in the USATF/FL general account can be withdrawn only by check upon the signature of the Treasurer and President or any other two signatures approved by the Executive Committee. Other assets or property of USATF/FL may be transferred from one depository to another by action of The Executive Committee.
4. The Executive Committee may establish separate special accounts and to be operated by the authorized signatures of two officers or representatives.
5. The Treasurer shall, in accordance with other Articles set herewith, select a Certified Public Account to audit the books, and financial records of USATF/FL for the year. A copy of the accountant's report shall be made available to every member of The House of Delegates at the next annual meeting.
6. Each year the President, with the approval of The Executive Committee, shall appoint a member of The Florida Bar to act as General Counsel to USATF/FL. The General Counsel shall serve in an honorary capacity and shall advise the Executive Committee regarding legal matter and contracts.
ARTICLE 19 MANDATORY BY-LAWS ADOPTION:
USATF/FL shall incorporate into these Bylaws; any Bylaws provisions adopted by USATF and IAAF which are designated as mandatory or local board of Athletics by USATF provided such measures are not in conflict with the bylaws of USATF/FL. Such additions or amendments shall be attached to these Bylaws and be effective from the date of attachment.
ARTICLE 20 AMENDMENTS:
These Articles may be amended at any meeting of the House of Delegates by a two third majority, provided notice of the proposed amendment had been submitted in writing to the members of the House of Delegates at least thirty (30) days prior to the meeting. The Law and Legislation Committee must submit amendments to the Secretary at the USATF/FL office for review at least thirty (30) days prior to the meeting.
ARTICLE 21 SAVING CLAUSE:
Failure of literal or complete compliance with provisions of the Bylaws in respect to dates and times of notice or the sending or receipt of the same, or errors in phraseology of notices or proposals, which in the judgment of the members at meetings held, do not cause substantial injury to the rights of members, shall not invalidate the actions or proceedings of the members at any such meetings.
ARTICLE 22 DISSOLUTION:
As USATF/FL is a "not for profit" corporation, in the event of its dissolution any remaining assets shall be donated to an organization qualified under section 501 (C) of The Internal Revenue Code.