SWRSA Constitution

As of January 8, 1996
Amended October 15, 2005

The By-Laws, Rules and Regulations deal with matters specific to the South West Regional Soccer Association. Where there is a discrepancy between the policies within and those of higher bodies, the policies of the governing body shall take precedence except where it is specifically noted that changes have been made to accommodate local concerns.

BY-LAWS

ARTICLE 1. NAME

1.1 The name of the organization shall be the South-West Regional Soccer Association, hereinafter referred to as the District Association.

1.1.1 The District Association shall be a Member of the Ontario Soccer Association and shall follow the published rules of The OSA. The District Association is subject to the published rules in declining order of authority of the following governing organizations:

1. The Canadian Soccer Association
2. The OSA
3. The District Association

ARTICLE 2. OBJECTIVES

2.1 The District Association shall have the following objectives:

ARTICLE 3. HEAD OFFICE

3.1 The Head Office of the District Association shall be in the City of Kitchener in the Province of Ontario.

ARTICLE 4. SEAL

4.1 The Seal, an impression of which is stamped in the By-Laws, shall be the Seal of the District Association. The Secretary / Administrator of the District Association shall have custody of the Seal.

ARTICLE 5. ORGANIZATION

5.1 The District Association shall be composed of members as hereinafter set out, and it shall be managed by an Executive Council as stated in these By-Laws.

ARTICLE 6. MEMBERSHIP

6.1 The District Association shall be composed of the following categories of Members.

6.1.1 Active Membership shall be open to clubs that meet the following criteria:

•  are properly constituted soccer clubs

•  have their headquarters in the District

•  operate within defined boundaries as set out in the Rules & Regulations

All Clubs shall have a Constitution which meets the minimum requirements for a Club Constitution in accordance with th e OSA published rules.

A Club which meets the OSA definition of:

•  professional club which operates professional team(s) only

•  club which operates both professional and amateur teams

•  social club

•  service club

•  club operated by a municipality

•  club operated by a facility

•  club running a senior recreational league

•  for-profit club

A Club may apply in writing for an exemption from any minimum requirement for a Club Constitution, subject to the approval of the Board of Directors of the both the District Association and The OSA.

6.1.2 Associate Membership, which shall be open to such organizations as District Leagues, school, college and university leagues, and referees', coaches' and trainers' Associations, and other soccer oriented bodies.

6.1.3 Life Membership.

The Board of Directors may confer a life Membership upon a person.

Life Members are afforded all rights of Membership and shall have a voice but no vote at a general meeting of the District Association.

ARTICLE 7. MEMBERSHIP FEES

7.1 Annual membership fees for each category of membership shall be established by a majority of votes present at a General Meeting of the District Association.

Except where mandated by The OSA published rules, the annual Membership fees shall be set by the Board of Directors and ratified by the Membership at a general meeting of the District Association.

ARTICLE 8. ANNUAL GENERAL MEETING

8.1 The order of business at an Annual General Meeting shall be:

i) Roll Call
ii) Minutes of the Previous AGM
iii) Presidents Address
iv) Committee Reports
v) Registrar's Report
vi) Treasurer's Report and Financial Statements
vii) Amendments to the Constitution
viii) Auditor's Report
ix) Appointment of Auditors
x) Unfinished Business
xi) Roll Call
xii) Election of Executive Council
xiii) New Business
xiv) Adjournment

8.1.1 The Annual General Meeting of the District Association shall be held on or before November 30 of each year. All members shall receive fourteen (14) days clear notice of the time and location of the meeting.

8.1.2 Clubs failing to attend the Annual General Meeting, without sending regrets three (3) days prior to, will be subject to a disciplinary fee as set by the executive Council. The Club will not be in good standing until such fee is paid. The fine will be equal to that of the membership fee.

8.1.3 All proposed amendments to the By-Laws shall be forwarded in writing to the District Association no later than thirty (30) days prior to the Annual General Meeting.

8.1.4 Copies of the proposed amendments to the By-Laws shall be sent to all members not less than fourteen (14) days prior to the Annual General Meeting at which they will be considered.

8.1.5 Amendments to the By-Laws will require a two-thirds (2/3) majority of votes present at the Annual General Meeting, unless otherwise required by Corporation Laws.

ARTICLE 9. SPECIAL GENERAL MEETING

9.1 A Special General Meeting may be called by the Executive Council by its own motion.

9.2 A Special General Meeting shall be called within thirty (30) days following the receipt of a written request by members representing not less than one-third (1/3) of the eligible votes.

9.3 All Members shall receive seven (7) days clear notice of the date, time and location of any Special General Meeting.

9.4 Only the business for which the Special General Meeting has been called will be dealt with.

ARTICLE 10. RULES OF ORDER

10.1 All meetings of the District Association shall be conducted in accordance with Robert's Rules of Order insofar as they may apply.

ARTICLE 11. PRESIDING OFFICER

11.1 The President shall preside at all General Meetings of the District Association, and in his absence the Vice-President shall take the chair. The absence of both of these officers shall require the selection by the Executive Council of a pro tem Presiding Officer.

ARTICLE 12. QUORUM

12.1 A majority in terms of eligible votes of the Membership shall form a quorum at all General Meetings.

ARTICLE 13. VOTING

13.1 Those who shall be qualified to vote and take part at General Meetings of the District Association shall be the accredited delegates of organizations in membership.

13.1.1 The number of accredited delegates or votes allowed to organizations in membership shall be specified within the By-Laws.

13.2 Each active member shall be entitled to have all of its votes cast whether it be represented by one or all of its delegates, but not by any other member. The names of delegates or alternates must be submitted in writing prior to the meeting.

13.3 At all meetings of the District Association voting shall be by a show of hands, unless a poll is requested. Decisions shall be reached by a simple majority, unless otherwise required by the By-Laws of the District Association.

13.4 If a poll is required, an appointed scrutineer shall total the votes and report same to the presiding Officer, who shall announce the results to the Assembly for record.

13.5 The President shall have a deciding vote only.

13.6 Members of the Executive Council shall have a voice but shall not vote at any General Meeting.

13.7 Members of the Executive Council may not sit as a voting delegate at any General Meeting.

ARTICLE 14. DELEGATES TO GENERAL MEETINGS

14.1 An Active Member of the Association shall be entitled to one (1) vote for each Forty dollars ($40) or part thereof, of registration fees retained by the District Association.

14.2 Each Associate Member shall be entitled to one (1) delegate or vote.

14.3 Each Life Member may introduce and debate any matter deemed relevant to the business of the District Association, but shall not vote.

ARTICLE 15. EXECUTIVE COUNCIL

15.1 The business of the District Association shall be conducted by an Executive Council comprised of: President, Vice-President and five Directors at Large.

15.2 The election of the Executive Council shall be by a secret ballot at the District Association's Annual General Meeting. Except for the position of Treasurer and Administrator who shall be appointed by the Executive Council.

15.3 The following shall be elected for a two (2) year term at the Annual General Meeting held in even-numbered years: President and three (3) Directors at Large.

15.4 The following shall be elected for a two (2) year term at the Annual General Meeting held in odd-numbered years: Vice-President and two (2) Directors at Large.

ARTICLE 16. MEETINGS OF THE EXECUTIVE COUNCIL

16.1 The Executive Council shall meet not less than monthly at the call of the President. A majority of members shall form a quorum at all meetings.

ARTICLE 17. MEMBERS OF THE EXECUTIVE COUNCIL

17.1 The President shall preside at all meetings of the District Association and he/she shall have a deciding vote only.

17.1.1 The President of the District Association shall be District Representative to The OSA unless the President declines the position or is removed from the position by a majority vote of the Board of Directors.

17.1.2 In the event the President declines, or is removed from, the District Representative position, the Board of Directors, by majority vote, shall elect one of its Board Members to the position. The term of office of the District Representative will be in accordance with The OSA's published rules.

17.2 The Vice-President shall be the senior officer next to the President, and he/she shall preside at all meetings in the Presidents absence. He/she shall have such other duties as prescribed.

17.3 The Administrator shall be responsible for the duties as described in the job description and other duties as prescribed.

17.4 The Treasurer shall be responsible for the fiscal affairs of the District Association. He/she shall be bonded in an amount set by the Executive Council.

17.5 The Administrator shall be responsible for all aspects of player registration and transfers, trial permits and shall be a non-voting Council member.

17.6 The Executive Council Member shall vacate his/her seat temporarily when matters pertaining to, or appear to pertain to, his/her area of club affiliation are being discussed.

17.7 The Executive Council Members shall have such duties as prescribed.

17.8 The President and Vice-President must not be affiliated with any Club in Membership.

ARTICLE 18. VACANCIES / REMOVAL

18.1 The Office of a Member of the executive Council shall be vacated upon:

18.1.1 Resigna tion in writing.

18.1.2 If he/she becomes incapable of performing the business of the Association.

18.1.3 If he/she absents himself/herself from two (2) meetings of the District Association.

18.1.4 If he/she be removed by resolution of the District Association for good and sufficient cause.

18.2 Should a vacancy occur on the Executive Council, the Executive Council may appoint a person to fill the vacancy until the next Annual General Meeting.

ARTICLE 19. AUDITOR

19.1 The accounts of the District Association shall be audited annually, following the end of the fiscal year on August 31.

19.2 The Auditor shall be appointed by the delegates at the Annual General Meeting.

ARTICLE 20. STANDING COMMITTEES

20.1 The District Association may constitute such Committees as it deems necessary to ensure the efficient administration of its affairs, including;

20.1.1 Standing Committee on Soccer Development.

It shall be the duty of this Committee to be responsible for the development of players, coaches and referees at all levels of competition.

20.1.2 Standing Committee on Competition.

It shall be the duty of this committee to regulate all matters dealing with the establishing and maintaining of all cup competitions and tournaments coming under the jurisdiction of this Association.

20.1.3 Standing Committee on Appeal and Discipline.

It shall be the duty of this Committee to investigate the validity of all appeals made to this Association, and to hear all valid appeals and render a decision. The Committee shall investigate any complaints made respecting any member of the District Association who is alleged to be guilty of any misconduct. They shall render a decision after such investigation.

ARTICLE 21. DISCIPLINE

21.1 All discipline of players, clubs or team officials, and game officials reported for misconduct shall be under the control of the District Association, except as otherwise stipulated, with right of appeal to the Ontario Soccer Association.

21.1.1 Cases involving physical assault of a game official shall be handled as per OSA Rules and Regulations.

ARTICLE 22. OTHER REGULATIONS

22.1 The District Association may make such miscellaneous Rules and Regulations as may be deemed necessary to promote, develop and govern the game of soccer.

22.2 The District Association may impose such other regulatory measures as it deems necessary for the efficient administration of the playing structure of the game within its jurisdiction.

22.3 No such regulation may violate the individual's rights and freedom, except as may be required to protect the rights and freedom of any other individual and ensure the stability of the basic structure of the game.

22.4 Playing Out Criteria
Promotion and relegation of Mini, Youth or Senior Competitive teams as defined in the OSA Policies and Procedures.

22.5 If any member of a team's, coaching staff, upon leaving a Club, becomes involved with another Club the same or following year, he/she may not be on the staff of a team in the same year group or immediately above (Youth Clubs or Youth to Senior Only). If such individual(s) wishes to appeal to the District Association on the basis of extraordinary circumstances, the appeal will be heard within two (2) weeks.

ARTICLE 23. MONIES OWING

23.1 All monies owing to the Association shall be due and payable upon receipt of invoicing unless otherwise stipulated. Penalties for late payment shall be 2% per month, or as established by the Executive Committee.



RULES AND REGULATIONS
Amended November 17, 2007

RULE 1. MEMBERSHIP

1.1 Active and Associate Membership

To remain in good standing, each active and associate Member shall:

1.1.1 Comply with the Constitution of the Association.

1.1.2 Remit all outstanding monies to this Association.

1.1.3 File with the Association, in writing, within fourteen (14) days after its Annual General Meeting a list of its elected or appointed officers.

1.1.4 File with the District Association, in writing, within fourteen (14) days of any change of its officers or of any change of address.

1.1.5 Apply for membership to this District Association annually on a form to be provided by the District Association. The application must be accompanied by the required membership fee, together with a copy of the applicant's constitution and a list of its current officers.

1.1.6 Notify the District Association of its Annual General Meeting fourteen (14) days prior to its date.

1.2 Life Membership

1.2.1 Life Members shall be admitted from time to time at the discretion of the Association.

1.2.2 The admission of a Life Member shall require the affirmative vote of at least two-thirds (2/3) of the votes present at the Annual General Meeting of the District Association.

1.2.3 All Life Membership nominations shall be submitted in writing thirty (30) days prior to the Annual General Meeting. Nominations may be submitted by an Executive Council Member, or by an Active or Associate Member.

1.2.4 No incumbent Officer of the District Association shall be eligible for nomination to Life Membership.

1.2.5 Leagues shall affiliate with the District Association and be subject to the Constitution of the governing organization.

RULE 2. LEAGUE REGISTRATION LEVELS

2.1 Level 1 District League

A Level 1 District league operates under the jurisdiction of the District Association, to provide League competition for officially registered Competitive Teams.

2.1.1 To maintain its affiliation in good standing, a league shall:

2.1.2 Hold its Annual Meeting on or before December 31 of each year.

2.1.3 File with the District Association within fourteen (14) days of its Annual General Meeting a copy of its Constitution and a list of its Elected and Appointed Officers.

2.1.4 A Level 1 District League shall not govern an area, but will control, for League purposes only, its member teams.

2.1.5 All players in a Level 1 District League must be registered as Competitive players on forms supplied by the District Association, except as hereinafter provided.

2.2 Level 2 District League

A Level 2 District League operates under the jurisdiction of the District Association to provide competition for officially registered Recreational Teams.

2.2.1 A Level 2 District League shall register with the District Association, and shall be subject to the Constitution of the District Association.

2.2.2 To maintain its affiliation in good standing, a League shall:

2.2.3 Hold its Annual General Meeting on or before December 31 of each year.

2.2.4 File with the District Association within fourteen (14) days of its Annual General Meeting, a copy of its Constitution and a list of its Elected and Appointed Officers.

2.2.5 A Level 2 District League shall not govern an area, but will control, for League operation purposes only, its member teams.

2.2.6 All players in a Level 2 District League must be registered as Recreational players on forms supplied by the District Association.

RULE 3. CLUB

3.1 Definition

A Club is an organization operating four (4) or more teams under a common Executive.

3.1.1 There shall be only one (1) Youth Club per community (i.e. Town, Village, City,) within the South-West Regional Soccer Association, with the exception of one Regional Youth Club.

Should a second Youth Club wish to operate in an area where an existing Youth Club operates, they have the right to Appeal to the general membership of the South-West Regional Soccer Association.

3.2 Affiliation

Each Club shall affiliate with the District Association.

3.3 Requirements

Each Club must annually register with SWRSA, in accordance with SWRSA and OSA Published Rules. The Annual Membership Fee, as approved yearly by the Membership, is due on or before the SWRSA Annual General Meeting or, in the case of a new Club, prior to the commencement of their season.

When registering, a Club must provide the following information:
a) The address, telephone and fax numbers and e-mail address of the Club;
b) The name, address, telephone number(s), fax number(s) and e-mail address of each member of the Club's Board of Directors and their position in the Club;
c) A copy of the Club's last published Constitution plus copies of any amendments approved since its last publication;
d) A Financial Statement of the Club's last completed fiscal year, as presented at the Club's AGM;
e) Other information as required by the District Association.

Notwithstanding Rule 3, final approval of a Club will be based on the decision of the Executive Committee, based on the provisions of Rule 3.3.

3.3.1 All teams shall register the minimum number of players as per OSA Rules and Regulations.

3.3.2 A Club shall register all its outdoor and indoor players and team officials on the appropriate OSA forms or in the ITSoccerNet computer program.

RULE 4. TEAM REGISTRATION CATEGORIES

4.1 Competitive Teams

Competitive Teams shall be composed entirely for Competitively Registered Players, except as provided for in current Ontario Soccer Association Rules and regulations (Trial Games).

4.1.1 Competitive Teams may not participate in competitions conducted outside the jurisdictional area of the Association, except as permitted by the Association. Such permission, when requested in writing and seven (7) days in advance of the competition, shall not be unreasonably withheld.

4.2 Recreational Teams

Recreational teams shall be composed entirely of Recreational registered Players, except as provided for in current Ontario Soccer Association Rules and Regulations.

4.2.1 Recreational Registered Teams may not participate in competitions conducted outside the jurisdictional area of the Association, except as permitted by the Association. Such permission, when requested in writing and seven (7) days in advance of the competition, shall not be unreasonably withheld.

RULE 5. PLAYER REGISTRATION

5.1 General

Except as hereinafter provided, the Association shall administer player registration, transfer and movement in accordance with current Ontario Soccer Association rules and Regulations.

5.1.1 Any fees payable to the Ontario Soccer Association may be subject to an additional administrative charge, as determined by the Executive Council.

5.1.2 The Association may run Cup Competitions, which shall take precedence over all other competitions in the jurisdiction of the Association, except those arranged by the Ontario Soccer Association, or the Canadian Soccer Association.

5.1.3 In the case of a player being declared surplus by his/her Club a fee will be applied if the player is re-registered within fourteen (14) days of being declared surplus.

5.2 Deadlines

5.2.1 Clubs with either: Mini, Youth, or Senior recreational players participating in a league involving other Clubs must register their teams with the minimum number of players, as per OSA Rule, seven (7) days prior to their first League game.

5.2.2 Clubs with either Mini or Youth Recreational players participating in a League not involving other Clubs must register their teams with the minimum number of players, as per OSA Rules, within (30) days from the commencement of their Leagues.

5.2.3 Clubs with either Mini, or Youth or Senior Competitive teams must register their teams with the minimum number of players, as per OSA Rule, seven (7) days prior to their first (1st) League game.

5.2.4 Teams participating in Indoor Soccer must register their players with the minimum number of players, as per OSA Rule, seven (7) days prior to their first (1st) League game.

5.2.5 Notwithstanding 5.2.4, in accordance with 22.2 of SWRSA's Constitution, SWRSA sets minimum standards and deadline dates for registration criteria to facilitate administrative operating pocedures as determined by the Board of Directors and circulated in the President's seasonal start up letter.

RULE 6. DUTIES OF THE EXECUTIVE COUNCIL

6.1 President

Is responsible for all phases of the District Association's business, and is accountable to the Membership and Executive Council.

6.1.1 Preside at all meetings of the District Association.

6.1.2 Preside at all meetings of the Executive Council.

6.1.3 Act as spokesman for the District Association at all times, unless he/she otherwise delegates the responsibility.

6.1.4 Signing Officer.

6.2 Vice-President

The Vice-President shall assume the Presidential powers, either in the absence of, or under the instruction of the President.

6.2.1 Undertake other duties as assigned by the President, or the Executive Council.

6.2.2 Signing Officer.

6.3 Administrator

The Administrator shall give notice of all meetings to all parties.

6.3.1 Record accurately all business conducted at Executive Council, General and Annual Meetings and produce minutes of same.

6.3.2 Generate and receive the correspondence of the District Association.

6.3.3 Undertake other duties as assigned by the Executive Council.

6.3.4 The Executive Council may appoint a Secretarial Assistant who will type and mail reports, the minutes of Executive, General and Special Meetings and any further pertinent correspondence, on demand and within an allotted time span. The Secretarial Assistant may receive financial remuneration for his/her services. The remuneration for the Secretarial Assistant will be contained in future budgets.

6.3.5 Secretary shall be responsible for ensuring that all valid amendments to the Constitution are included and put into print. The updated Constitution to be distributed to all Clubs prior to the commencement of the outdoor playing season.

6.4 Treasurer

The Treasurer shall record accurately the financial transactions of the Association, and shall report as requested at Executive Council, and at General and Annual Meetings.

6.4.1. Present necessary information to the Auditors.

6.4.2 Signing Officer.

6.5 Registrar

The Administrator shall administer player registration, transfer, permits and other related OSA documentation as required.

6.6 Executive Council Members

Executive Council Members shall perform such duties as may be prescribed by Executive Council.

6.6.1 Honorariums for any executive Council Members shall be decided at the Annual Meeting of the District Association.

RULE 7. APPEALS

7.1 As per OSA Rules and Regulations.

RULE 8. AMENDMENTS TO THE RULES AND REGULATIONS

8.1.1 The Rules and Regulations may be changed at any time by a majority of votes present at a General Meeting of the District Association.

RULE 9. EXPENSE ALLOWANCE GUIDE

9.1 Members of the Board shall be entitled to a refund of all expenses incurred during the performance of Board duties.

9.2 Committee Chairmen and Committee members shall be entitled to a refund of all expenses incurred as Members of a Committee when those expenses have been incurred directly as a result of Committee work.

9.3 Receipts must be provided to support all claims.

RULE 10. MATTERS NOT INCLUDED

10.1 All matters not included shall be judged in accordance with the Constitution of the Ontario Soccer Association.

10.2 The District Association will establish a penalty for cheques, made payable to the District Association, which are not honored. The amount of the penalty to be declared at the Annual General Meeting, and shall be in effect for the current year.