BYLAWS OF THE MARSHFIELD
YOUTH SOCCER ASSOCIATION
A State of Wisconsin Nonprofit Public Benefit Corporation
PART I – GENERAL
1.01 Name
The name of this corporation is Marshfield Youth Soccer Association, also referred to as MYSA, a tax-exempt corporation under the laws of the United States and of the State of Wisconsin. Marshfield Youth Soccer Association shall maintain its tax-exempt status.
1.02 Principal Office
The principal office for the transaction of the activities and affairs of this corporation is located in the City of Marshfield, County of Wood, State of Wisconsin. The Board of Directors may change the location of the principal office from one location to another within the City of Marshfield.
1.03 Purpose
1.03.01 MYSA is dedicated to the promotion of competitive youth soccer in the Marshfield area through the development of personal fitness and technical skills, cooperative team play and exemplary sportsmanship.
1.03.02 This corporation holds and may exercise all powers conferred upon it by the Nonprofit Corporation Law of the State of Wisconsin and as may be necessary for its administration and to attain its purpose. In no event shall this corporation engage in activities that are not permitted by a tax-exempt corporation under Section 501(c) (3) of the Internal Revenue Code or the laws of the State of Wisconsin. The activities of this corporation will not include or consist of carrying on propaganda, or otherwise attempting to influence legislation, or intervening in any political campaign.
1.04 Boundaries and Regions
1.04.01 The territory of this corporation shall be the entire State of Wisconsin.
1.05 Dedication of Assets
This corporation’s assets are irrevocably dedicated to its public benefit purpose. No part of the earnings, properties, or assets of this corporation, on dissolution or otherwise, shall inure to the benefit of any private person, or to any director or officer of the corporation. On liquidation or dissolution, all properties and assets remaining after payment of all debts and liabilities of the corporation must be distributed to another 501(c)3 organization for the purpose of the development of youth soccer.
1.06 Affiliation
MYSA is affiliated with the United States Soccer Federation and its governing bodies and is a Midway District (District 17) member of the Wisconsin Youth Soccer Association (WYSA). MYSA operates in cooperation with the City of Marshfield Parks and Recreation Department.
1.07 Nondiscrimination
This corporation shall not discriminate against any individual on the basis of race, color, religion, age, sex, or national origin.
1.08 Fiscal Year
MYSA shall have a fiscal year that begins on August 1 of each year and ends on July 31 of the subsequent year.
PART II – MEMBERSHIP
2.01 Membership
2.01.01 Membership in this corporation consists the parents of children participating in MYSA in the year of the elections. Members will also include adults who have volunteered during the year of the elections in a manner to be determined by the Board of Directors (hereafter BOD) or contributed or paid dues to MYSA in an amount to be determined by the BOD.
2.01.04 Each member must pay or receive scholarship approval, within the time and on the conditions set by the board, the dues, fees, and/or assessments for each participating child as fixed from time to time by the Board of Directors.
2.01.05 No membership or right arising from membership shall be transferred.
2.01.06 Members who have paid the dues, fees, and assessments and who are not suspended are members in good standing.
2.01.07 The annual meeting of MYSA membership and the elections of the BOD shall be held in April of each year at a date to be set by the BOD. Members present shall constitute a quorum for the transaction of business and election at any regular or special meeting of the membership. Members in good standing shall have the right to vote, as set forth in these bylaws, on:
a. The amendment of these bylaws.
b. The dissolution of this corporation.
c. The disposition of all or substantially all of this corporation’s assets other than by liquidation or dissolution.
d. The election of new directors to the BOD.
2.02 Suspension and Termination of Membership
2.02.01 Membership shall terminate on the occurrence of any of the following:
a. Failure to pay dues, fees, or assessments when due and payable;
b. Termination based on a majority decision by the Board of Directors that the member has failed in a material respect to observe the rules and procedures of this corporation or has engaged in conduct materially prejudicial to this corporation’s purposes and interests.
2.02.02 Membership may be suspended based on a majority decision by the Board of Directors that the member has failed in a material respect to observe the rules and procedures of this corporation or has engaged in conduct materially prejudicial to this corporation’s purposes and interests. Suspension may be on such terms and subject to such conditions as the Board of Directors may impose.
2.02.03 The following procedures shall be followed to suspend or terminate a membership:
a. The member shall be given at least 15 days prior written notice of the proposed suspension or termination with a statement of reasons for the proposed suspension or termination. The notice must be sent by first-class or registered mail to the member’s last address as shown on the corporation’s records.
b. The member must be given an opportunity to be heard, orally and in writing, at least ten days before the effective date of the suspension or termination. The hearing shall be held by the Board of Directors or by a committee appointed and authorized by the Board of Directors, which shall decide by majority vote whether the member should be suspended, its membership terminated, or sanctioned in any way.
PART III – MEMBERSHIP MEETINGS
3.01 Annual General Meeting
3.01.01 The Board of Directors shall call an Annual General Meeting of the members of this corporation to be held in the month of April. The Secretary will provide notice of the meeting time and place to all members 30 days in advance. Such notice may be by regular mail, e-mail, fax, telephone, web page posting, or notices passed out to players and parents at soccer practices or games. The manner of notice shall be at the discretion of the Secretary with approval by the President. The purpose of the meeting will be to elect new Board members, review the financial status of the organization, review the operations and preceding season and plan the future of the organization and conduct any business necessary and proper for MYSA.
3.01.02 A quorum shall consist of any number of members present at the Annual General Meeting.
3.01.03 Each member or one person from a member family and each director of this corporation shall be entitled to one vote. Voting shall be restricted to members in good standing and in attendance on the date of the Annual General Meeting. Voting by proxy or by absentee ballot is prohibited.
3.01.04 Any member in good standing or any director of this corporation may propose amendments to these bylaws. Proposed amendments must be submitted in writing to this corporation at the address of its principal place of business on or before January 1 preceding the Annual General Meeting. All proposed amendments to these bylaws must be forwarded in writing to all members in good standing and all directors of this corporation at least 30 days before the date of the Annual General Meeting or any special meeting called for that purpose. Notice may be provided as set forth in the section 3.01.01. Other than to correct typographical or clerical errors that do not change the substance of a proposed amendment to these bylaws, proposed bylaw amendments may not be amended or modified at or before the Annual General Meeting or any special meeting called for that purpose.
3.01.05 An affirmative vote of two-thirds of eligible voters present and voting at the Annual General Meeting, or any special meeting called for that purpose, is required to adopt an amendment to these bylaws. Unless expressly stated otherwise in an amendment to these bylaws, all amendments become effective on the May 1 following the Annual General Meeting or the first of the month immediately following any special meeting called for that purpose.
3.01.06 With the exception of amendments to these bylaws, all other matters subject to vote shall be decided by majority vote of those present and voting at the Annual General Meeting.
3.02 Special Meetings
3.02.01 A special meeting of the membership may be called by a majority vote of the Board of Directors or by 20 percent or more of the members in good standing. A special meeting shall be called by written request that states the specific nature of the business proposed and that is submitted to the president or the secretary. Notice of the call of the meeting, including a statement of the specific nature of the business proposed, shall be given within 20 days of the receipt of the request to all members in good standing. The special meeting shall be held not less than 30 days nor more than 90 days after receipt of a valid request for a special meeting. Notice of the place, time, and date of the special meeting shall be given to each member in good standing not less than 15 days before the meeting.
3.02.02 No business other than the specific business proposed as set forth in the notice of the call of the meeting may be transacted at the special meeting.
PART IV – BOARD OF DIRECTORS
4.01 Term
4.01.01 Directors will serve three (3) year terms. The terms of the directors will be staggered so that three directors will end (April 30th) of the current year.
4.02 Election
4.02.01 Elections for the board of directors will be held each year at the annual meeting in April terms for that will expire on April 30th of that year. The term for incoming directors will start May 1st thereafter in that year.
4.02.02 Nominees for the BOD need to be made by directors presently serving on the Board or by any member at the annual meeting by a nomination from the floor.
4.02.03 Each individual member or one person from a member family is entitled to one vote. The three (3) candidates receiving the highest number of votes shall be elected. In the event of one or more ties, additional run-off ballots shall determine final candidate(s).
4.02.04 No member of the BOD may be nominated or elected to serve more than three (3) consecutive three-year terms.
4.02.05 Executive Officers, as outlined in Part V, shall be elected annually by a majority of the BOD at the May BOD meeting of each year. Each officer elected shall serve until the next ensuing term years begin or until a successor shall be duly qualified and elected.
4.03 General Powers
4.03.01 Subject to applicable law and to provisions in the articles of incorporation or these bylaws that require approval of the members, the activities and affairs of this corporation shall be managed and all corporate powers exercised by or under the direction of the board of directors.
4.04 Specific Powers
4.04.01 Without limiting or prejudice to the general powers stated in section 4.03.01 of these bylaws, but subject to the same limitations, the board has the power to do the following:
a. Change the principal place of business in the City of Marshfield from one location to another;
b. Conduct, manage, and control the corporation’s affairs and activities and make such rules and regulations and adopt such policies consistent with law, the articles of incorporation, and these bylaws as the board of directors deems appropriate;
c. Borrow money and incur indebtedness and execute and deliver evidences of indebtedness and security for indebtedness.
4.05 Number and Qualifications of Directors
4.05.01 The affairs of the association shall be managed by a Board of Directors each of whom shall be of legal age currently living in an area proximate to Marshfield, Wisconsin.
4.05.02 The board of directors will consist of nine (9) directors with three being elected each year. MYSA directors will serve three (3) year terms. The terms of the directors will be staggered so that three directors will end (April 30th) of the current year.
4.06 Restriction on Directors
4.06.01 Directors shall not receive or be entitled to receive compensation. Directors may receive reimbursement for or an advance of moneys for reasonable expenses incurred or to be incurred incidental to their position as a director. The corporation will not make any loan of money or property or guarantee the obligation of any director.
4.06.02 No MYSA director can concurrently be a director, officer, employee, agent or independent contractor of any other youth soccer organization, entity, or group or soccer organization, entity or group that includes youth under the age of 19.
4.06.03 No more than 49 percent of the members of the board of directors shall be “interested persons.” An “interested person” is any person receiving compensation for services to this corporation within the previous 12 months, whether as an independent contractor or otherwise, and any sibling, parent, child, niece, nephew, or in-law of such person.
4.07 Vacancies
A vacancy on the board of directors shall occur upon a director’s death, removal, resignation, refusal to serve, conviction of a felony, conviction of any criminal offense involving minors, a final judgment of breach duties under the nonprofit public benefit corporation law of the State of Wisconsin, or a declaration of unsound mind by court order.
4.08 Resignation
Any director may resign by giving written notice to the President or Secretary of the board of directors. The resignation shall be effective when the notice is given unless it states a later time for the resignation to be effective.
4.09 Removal
4.09.01 Any director may be removed for good cause by a vote of the majority of the members of the entire board of directors.
4.09.02 Any director who fails to attend three successive board meetings shall be automatically removed from the board unless a leave of absence for a limited period of time has been requested and approved by the board or the director suffers from an illness or disability that prevents the director from attending the meetings and the board waives the automatic removal provision.
4.10 Filling Vacancies on Board of Directors
4.10.01 A vacancy on the board of directors shall be filled for the remainder of the term, within 60 days of the date of the vacancy, by the President and majority approval by the remaining board of directors.
4.10.02 A vacancy in the position of President, Vice President, Secretary, and Treasurer shall be filled by the board of directors for the remainder of the term by the President and majority approval by the remaining board of directors.
4.11 Board of Directors’ Meetings
4.11.01 The board shall hold general meetings monthly. The Secretary will provide notice of meeting time and place to members three (3) days in advance. Such notice may be by regular mail, e-mail, fax, telephone, web page posting or notices passed out to players and parents at games or practices.
4.11.02 Whenever under the provisions of the bylaws, the BOD or any committee or annual meeting thereof is authorized to take action, if at any time before or after such action is completed the person or persons entitled to such notice or entitled to participate in the action submits a signed waiver of notice of such requirement, the action taken shall be authorized effective the date the action was taken
4.11.03 Special meetings of the board for any purpose may be called by the President or by any three directors. Notice of the time and place of a special meeting shall be given to each director by personal delivery of a written notice, first-class mail, telephone, including a telephone messaging machine, facsimile, electronic mail, or other electronic means at least twenty-four (24) hours in advance of the special meeting.
4.11.04 The board may hold a meeting by conference telephone call or other communication equipment provided that every director participating in the meeting can communicate with every other director and every director has the means of participating in all matters before the board, including proposing or objecting to specific actions.
4.11.05 A majority of directors then in office shall constitute a quorum for the transaction of business. Except as otherwise provided in these bylaws, every action taken or decision made by a majority of the directors then in office present at a meeting at which a quorum is present shall be an act of the board. A meeting at which a quorum is initially present may continue to transact business despite the withdrawal of a director or directors if action taken is approved by at least a majority of the required quorum for the meeting.
4.12 Committees
4.12.01 The Executive Committee consists of the President, Vice President, Secretary, and Treasurer. The Executive Committee shall have all the authority of the board in the management of the corporation between meetings of the board, provided that all actions of the Executive Committee must be reported to and ratified by the full board at the next meeting following the action of the Executive Committee.
4.12.02 All committees will include a committee chairperson appointed by the President after May 1st or when needed for temporary committees.
Standing Committees
Roster: This committee will be responsible for assigning players to team rosters in accordance with WYSA and MYSA rules. This committee will report to the full BOD the number of teams participating and will recommend to the BOD the need to field additional teams, the elimination of teams and/or the advancement of players to higher age groups based on registration numbers.
Recruitment: This committee will be responsible for updating and disbursing informational materials promoting MYSA. This shall include, but not necessarily be limited to, working with the Optimist soccer program, calling players participating soccer in the local school district(s), as applicable, and advertising as deemed appropriate by the committee and BOD. This committee is also responsible for the recruitment of additional players to fill out team rosters as needed.
Fund Raising: This committee will be responsible for coordinating all efforts required for scheduled (pancake breakfast and spaghetti dinner) and special fund raising activities.
Indoor Soccer: This committee will be responsible for coordinating gym times and promotion of indoor soccer sessions available for MYSA players.
4.12.04 Temporary Committees will created when deemed necessary at the discretion of the President and disbanded after their function.
4.13 Applicable State Law
As a corporation, MYSA is governed by Chapter 181: Nonstock Corporation of the Wisconsin Statutes. Each year the MYSA BOD will ensure the statutes are reviewed by counsel familiar with it and MYSA to ensure compliance.
PART V — OFFICERS
5.01 Executive Officers
5.01.01 The executive officers of this corporation are the President, Vice President, Secretary, and Treasurer, who shall also serve as members of the board of directors. The election, terms of office, restrictions on, resignation, and removal of executive officers and vacancies in these offices and the filling of such vacancies shall be governed by Part IV, Section 4.02 of these bylaws.
5.01.02 Responsibilities of Officers
a. The President
(1) shall preside at board meetings and shall exercise and perform such other powers and duties as the board may assign. The President shall be the chief executive officer of this corporation.
(2) will act to promote the MYSA mission statement and its bylaws. The President has the authority to appoint agents, prescribe their powers and duties and delegate authority to them so as to effectively conduct the operations of MYSA.
(3) has the authority to sign, execute and acknowledge all documents and instruments necessary or proper in the course of conducting the regular business of the organization.
(4) will assign directors to serve on MYSA committees and appoint committee chairpersons from the BOD.
(5) will represent MYSA or delegate such representation at Central Wisconsin Soccer League (CWSL), Midway District, and WYSA meetings as required.
(6) will represent MYSA positively and effectively within the Marshfield community.
b. The Vice President
(1) shall, if the President is absent or disabled, perform all duties of the President. When so acting, the Vice President shall have all the powers of and be subject to all the restrictions on the President.
(2) shall have such other power and duties as the board may assign.
c. The Secretary
shall cause to be kept a book of minutes of all meetings, proceedings, and actions of the board, of committees of the board, and of member meetings.
will notify BOD and general membership of meetings as outlined herein.
d. The Treasurer
shall cause to be kept and maintained adequate and correct books and accounts of the corporation. The books of account shall be open to inspection by any director at all reasonable times.
will cause to be given to the members and directors financial statements and reports required by law, these bylaws, or the board of directors.
shall cause to be deposited all money and other things of value in the name of the corporation, disburse funds as directed by the board of directors, and provide to the President or the board when requested an account of all transactions and of the financial condition of the corporation.
will prepare and present an annual budget at the annual meeting and a monthly report at each monthly meeting of the board of directors.
5.02 Non Executive Officers
5.02.01 The board may appoint and authorize the President or another executive officer to appoint any non executive officers that the corporation may require. Appointed officers shall perform the duties specified by the board. Any such officer may resign at any time by giving written notice to the President, and the board may remove any officer at any time with or without cause.
5.03 Restriction on Officers
No MYSA officer can concurrently be a director, officer, employee, agent or independent contractor of any other youth soccer organization, entity, or group or soccer organization, entity or group that includes youth under the age of 19.
5.04 Ex-Officio Directors
The Past-President of MYSA and the varsity soccer coaches for Marshfield High School and Columbus Catholic High School shall serve as ex-officio members of the MYSA board of directors.
5.05 Subordinate Officers
Should the President not be able to perform his or her duties for an extended, excused period of time, the Vice President shall preside as defined in Section 5.01.02b(1). Should the Vice President, Secretary or Treasurer not be able to perform his or her duties for an extended, excused period of time, a Subordinate Officer may be appointed to hold the office for the excused period of time. Excused absences shall be granted as defined in Section 4.09.02. The Subordinate Officer shall be excused from his or her duties when the Officer resumes his or her functions.
PART VI – COACHING STAFF
6.01 All members of the MYSA coaching staff will be selected and approved by the BOD. Head Coaches and Assistant Coaches will all hold current state-required licensure. Such required licensure shall be funded by MYSA. Reimbursement of funds shall be made to applicable coaching staff upon written request in the form of Exhibit B.
6.02 Coaches will conduct themselves in a professional manner, be a credit to the sport of soccer and promote the MYSA mission statement. Coaches will communicate effectively with players and their parents, assistant coaches, Board members and when appropriate League/District/State representatives.
6.03 Responsibilities of coaches include: organizing and conducting team try-outs (if necessary), practices, scrimmages, games and tournament participation. Coaches will be responsible for assisting in securing returning-player registration materials, proper use of equipment, and the supervision of individual and team conduct, abiding by the MYSA coaching guidelines and maintenance of accurate League Game Result cards.
6.04 Behavior inconsistent with MYSA standards will be brought to the attention of the BOD for review and may result in disciplinary action including loss of coaching privileges or banishment from MYSA. Exhibit B shall be provided to the Treasurer and payment shall be made to the requesting entity within thirty (30) days of the request or approval by the BOD, whichever is later, provided all supporting documentation, including any applicable receipts (if travel is required) and proof of course completion, is supplied.
PART VII – PLAYERS
7.01 Players will be expected to conduct themselves in an ethical manner and represent themselves, their team, family, and community with exemplary sportsmanship. Players will be expected to behave respectfully towards themselves, their peers, coaching staff, referees, opponents, spectators, and MYSA facilities and equipment.
7.02 Players will be expected to abide by rules and regulations of MYSA, WYSA, and FIFA.
7.03 Conduct violations will be addressed by the player’s coach with the player and if necessary with the player’s parent or guardian. Repeated or serious violations, supported by credible evidence, will be brought to the attention of the BOD for due process and may result in player sanctioning. Sanctions will, in the judgment of the BOD be commensurate with the gravity of the violation and may result in permanent suspension from MYSA.
PART VIII — CONFLICTS OF INTEREST
8.01 Introduction
The Marshfield Youth Soccer Association (MYSA) is charged with conducting its affairs consistent with the highest ethical principles and the public trust that have been placed in it as a not-for-profit, tax-exempt public benefit corporation. This Part VI is directed to ensuring that the business of the MYSA is conducted ethically, in good faith, and with honesty and fairness, and sets forth the minimal acceptable standards of conduct.
8.02 Definitions
a. “MYSA” means the Marshfield Youth Soccer Association
b. “Person” means a director or officer of MYSA.
c. “Conflict of interest”—
1. means any relationship, transaction, or arrangement that could influence, or be reasonably perceived as influencing, a Person’s objectivity as a member of the Board of Directors or as an officer of the MYSA in regard to matters involving MYSA that could result in any personal benefit, either directly or indirectly, financially or otherwise, to that Person, a member of that Person’s family, a business partner or business associate of that Person, or a close personal associate of that Person; and
2. includes actual conflicts of interests, potential conflicts of interest, and a perceived conflict of interest; a perceived conflict of interest exists if a person not associated with MYSA, and aware of the facts, might reasonably entertain a doubt that the Person would be impartial.
d. “Compensation” means any form of remuneration other than reimbursement for expenses actually incurred.
e. “Disinterested” means an absence of a conflict of interest with respect to a matter.
f. “Party” means any individual or entity of any type.
8.03 Requirements
a. Each Person shall observe the requirements referred to in this Part VIII.
b. While it is impossible to list in this Part VIII every circumstance that may suggest a conflict of interest, the following criteria shall be used when deciding whether a particular situation may give rise to a conflict. A Person shall avoid any action that might result in or create a perceived conflict of interest of:
1. using association with the MYSA for private gain;
2. granting by the MYSA of unwarranted preferential treatment to any party;
3. misusing MYSA’s confidential information for financial or other personal gain of the Person or a party;
4. losing MYSA’s independence or impartiality;
5. adversely affecting public confidence in the integrity or the reputation of the MYSA; or
6. endangering life, health, or safety.
c. Any deviation from this Part VIII must be reported to MYSA's Board of Directors, by giving notice pursuant to section 8.05. Any exceptions to this Part VIII must be approved by a two-thirds vote of the Board of Directors before consummating any part of any affected transaction. Failure to follow this Part VIII will not only violate this Part VIII, but may also be illegal and possibly result in civil liability.
a. Each Person with a conflict of interest must, before any participation in any matter concerning the policies, decisions, or operations of MYSA that involves the conflict of interest, do each of the following:
1. fully disclose to the board of directors all material facts relating to the conflict of interest;
2. excuse himself or herself from any formal or informal discussions relating to the matter involving the conflict with any individual that is to render a decision or vote on the matter;
3. not participate or be present during deliberations or discussions relating to any matter involving the conflict of interest, except the Person may be allowed to be present only to make a statement about the potential benefits regarding the matter involving the Person’s conflict and to answer questions regarding the conflict; and
4. abstain from voting or seeking to influence the vote on any matter relating to the conflict of interest.
b. A Person may not:
1. participate as a decision maker in the resolution of any formal or informal complaint, grievance, appeal, or allegation that the Person, or the party that the Person represents before MYSA, made or caused to be made to MYSA against or with respect to a party; or
c. (1) Any decision in which one or more Persons had a conflict of interest at the time of that decision is void unless each of the following exists:
a. each Person with a conflict of interest relating to the decision fully complied with the requirements of paragraphs a and b of this section 8.04; and
b. as provided in paragraph d, there is a recorded vote of disinterested individuals on the MYSA Board of Directors entitled to vote that is sufficient to approve the decision in which any Person had a conflict of interest, and the vote shall show how each disinterested individual voted.
2. Any decision referred to in subsection 1 of this section is valid and enforceable if the requirements of clauses a and b are met prior to the decision.
d. Any matter involving a conflict of interest shall be referred immediately to the MYSA Board of Directors. The identity of those board members in attendance and voting to approve a decision in which any Person has a conflict of interest shall be set forth in the minutes of the meeting in which the vote was taken.
8.05 Disclosure
a. It is the responsibility of each Person, upon knowledge of any violation of this Part VIII or of any situation which might be in violation of this Part VIII, to report all relevant facts on the subject to the Board of Directors. Failure to make a disclosure is itself a violation of this Part VIII.
b. Any disclosure or notice required by this Part VIII shall be made by giving written notice to the MYSA Secretary and shall be made within 30 days of the event giving rise to the required disclosure.
c. At least annually, MYSA shall provide to each Person an appropriate Conflicts of Interest Disclosure Statement, which must be completed and returned to the MYSA in the time and manner provided for in the statement form.
d. Copies of any disclosure or notice required by this Part VIII shall be made available by the MYSA Secretary to any member of the board of directors within 30 days of the receipt of a written request.
PART IX — DISPUTES, HEARINGS, AND APPEALS
9.01 Hearings
9.01.01 Each member shall provide procedures for the hearing of disputes, claims of violations of bylaws, rules, or procedures, imposition of discipline, or the ability of individual players to participate or compete. The Board of Directors of this corporation shall provide procedures for the hearing of disputes, claims of violations of bylaws, rules, or procedures, imposition of discipline, or the ability of individual players to participate or compete and for appeals from hearings held by members or by this corporation.
9.01.02 The procedures established for the holding of hearings shall include at a minimum the following:
a. reasonable notice to the person, group, or entity against whom proceedings are instituted of charges or allegations made, including a sufficient statement of the facts upon which the proceedings are based to enable the person, group, or entity to respond;
b. a reasonable and meaningful opportunity of the person, group, or entity against whom proceedings are instituted to respond to the charges or allegations made;
c. a hearing held before neutral decision makers.
9.02 Appeals
9.02.01 The board of directors will establish procedures for the appeal by an aggrieved party of any adverse decision affecting the rights of a person, group, or entity and shall set the fee for the filing of an appeal.
9.02.02 Upon receipt of an adverse decision, appeal may be made to the next higher authority, including to any entity with which this corporation is affiliated.
9.03 Litigation
9.03.01 No person, group, or entity may invoke the aid of the courts of the United States or of a State without first exhausting all available remedies for hearing and appeals set forth in Sections 9.02.01 and 9.02.02.
9.03.02 For any violation of section 9.03.01, the offending party shall be liable for possible suspension and fines. If a party fails to comply with Section 9.03.01 and invokes a judicial remedy, MYSA shall request that the Court hold the invoking party responsible for some or all of the following expenses associated with the litigation:
a. court costs;
b. attorney’s fees;
c. reasonable compensation for time spent by MYSA and its members, officials, and employees in responding to and defending against any action, including discovery and court appearances;
d. travel expenses;
e. expenses for holding meetings necessitated by the any court action.
PART X — INDEMNIFICATION
10.01 Indemnification
10.01.01 To the fullest extent permitted by law and without prejudice to any other rights, this corporation shall indemnify its directors, officers, employees, agents, and volunteers, including any person formerly occupying such positions, against all expenses (including, but not limited to attorney’s fees and expenses of establishing indemnification) judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any threatened, pending, or completed proceeding, including civil, criminal, administrative, or investigative proceedings, arising out of or relating to such person’s actions or failures to act on behalf of or in the interest of this corporation, in accordance with Wisconsin Statue 181.04(13), if such person acted in good faith and in a manner the person reasonably believed to be in the best interest of this corporation and in the case of a criminal proceeding had no reasonable basis to believe the conduct was unlawful. Indemnification shall be made by the corporation only if it is determined that the person acted in good faith and in a manner the person reasonably believed to be in the best interest of this corporation and in the case of a criminal proceeding had no reasonable basis to believe the conduct was unlawful by:
a. a majority vote of a quorum of directors then in office who are not parties to the proceeding; or
b. approval by the members; or
c. the court in which the proceeding is pending upon application made by the corporation or the person.
10.01.02 To the fullest extent permitted by law and except as otherwise determined by the board of directors in a specific instance, reasonable expenses of a person seeking indemnification in defending any proceeding shall be advanced by the corporation before final disposition of the proceeding upon receipt of an undertaking by or on behalf of the person to repay such amount unless it is ultimately determined that the person is entitled to indemnification.
PART XI — INSURANCE
11.01 Insurance
This corporation shall have the right and shall use its best efforts to purchase and maintain insurance to the full extent permitted by law on behalf of its directors, officers, employees, and agents to cover any liability asserted against or incurred by any director, officer, employee, or agent in such capacity or arising from the director’s, officer’s, employee’s, or agent’s status as such.
PART XII – CONTRACTS, CHECKS, DEPOSITS AND FUNDS
12.01 The BOD may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of MYSA, and such authority may be general or confined to specific instances. All checks, drafts, or other orders for the payment of money, notes, or other evidence or indebtedness issued in the name of the organization shall be signed by such officer or officers, agent or agents, of the organization and in such manner as shall be from time to time determined by resolution of the BOD.
12.02 All funds of MYSA not otherwise employed shall be deposited to the credit of the association in such banks, trust companies, or other depositories as the BOD may select, or as may be designated by an officer or officers, agent or agents of MYSA to whom such power may be delegated by the BOD.
12.03 The BOD or any officer or officers, agent or agents of MYSA to whom such authority may be delegated by the Board, may accept on behalf of the association any contribution, gift, bequest or devise for the general purposes or for any special purpose of MYSA.
12.04 Any request for funds from MYSA must be accompanied by a written request in the form of Exhibit B as well as documentation supporting the payment, as determined by an officer or officer, agent or agents of MYSA. Exhibit B shall be provided to the Treasurer and payment shall be made to the requesting entity within thirty (30) days of the request or approval by the BOD, whichever is later, provided all supporting documentation is supplied.
PART XIII – REGISTRATION FEE POLICY
13.01 The MYSA BOD will set the registration fee for the subsequent year prior to June 30th of the preceding season. Registrations for the next spring season will begin on July 1 of the prior calendar year. Registrations received after October 1st, for returning players U17 and under, will be charged an additional $50 late fee. Registration fees and deadlines for U18 and above will be determined by the MYSA BOD on a yearly basis, as deemed appropriate by the MYSA BOD. Registration late fees may be waived by the MYSA BOD, in its sole discretion, under special circumstances.
13.02 Scholarships will be granted for players unable to pay the registration fee at the sole discretion of the BOD. Requests for scholarship shall be submitted in writing in the form of Exhibit C. Supporting documentation, as outlined in Exhibit C, shall be supplied in order for the request to be considered.
13.03 MYSA will grant all registration refunds prior to 30 days in advance of the start of the CWSL season minus a $25.00 processing fee. After such date, all refunds will be at the sole discretion of the BOD. All requests for refunds must be in writing in the form of Exhibit B. Waiver of the $25.00 processing fee will be granted by the BOD under extenuating circumstances as determined by the BOD, such as, but not limited to, medical reasons or inability to play beyond the control of the player and/or player guardian(s).
PART XIV – SEXUAL HARRASSMENT POLICY
14.01 Statement of Prohibited Conduct
14.01.01 The Marshfield Youth Soccer Association (aka Marshfield Inferno) does not permit the sexual harassment of its minor participants or adult members. Sexual harassment is a form of sex-based discrimination and, as such, is prohibited. Accordingly, the Marshfield Youth Soccer Association is committed to vigorously enforcing its sexual harassment policy at all levels of the organization.
14.01.02 Sexual harassment includes physical assaults of a sexual nature, unwanted sexual advances, propositions, or other sexual comments directed at a person of the same or opposite gender, and display of sexual or discriminatory materials or publications (pictures, calendars, magazines, websites, etc.).
14.01.03 The preceding is not to be construed as an all-inclusive list of prohibited acts under this policy.
14.01.04 Sexual harassment is unlawful and hurts members of the soccer association. Any prohibited conduct described here is sexual harassment of anyone at whom it is directed or who is otherwise subjected to it. Each incident of harassment contributes to a general atmosphere in which all persons of the association suffer. Sexually oriented acts or sex-based conduct have no legitimate purpose within the soccer association; accordingly any adult member or minor participant who engages in such conduct should and will be made to bear the full responsibility for such unlawful conduct.
14.02 Complaint Procedure
14.02.01 The President is designated as the Complaint Officer and is responsible for coordinating federal regulations, state law and association policy concerning sexual harassment.
14.02.02 Any person who believes he or she has been the victim of sexual harassment shall report the alleged acts immediately to the Complaint Officer.
14.02.03 The association will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed, as much as possible. This shall be consistent with the association’s legal obligations and the necessity to investigate allegation of harassment.
14.02.04 The following steps should be taken in the course of handling any complaint regarding sexual harassment:
14.02.04.01 All complaints shall be presented in writing or orally to the Complaint Officer. If complaint is submitted in written form, it should include the specific nature of the harassment and corresponding dates, and also include the name, address and phone number of the complainant. The complaint must be reduced to a written complaint before a formal investigation will be initiated.
14.02.04.02 The Complaint Officer shall thoroughly investigate the complaint, notify the person who has been accused of harassment, and contact law enforcement and social services officials to assist in the investigation.
14.02.04.03 The complainant will be advised of any action taken as a result of the complaint.
14.02.04.04 These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include initiating civil actions or seeking redress under state criminal statutes and/or federal law.
14.02.05 Upon proof of a violation of this policy, the violator will be permanently banned from the Marshfield Youth Soccer Association and all activities under its direction or sponsorship.
PART XV – RIGHT TO PRIVACY
15.01 Right to privacy shall be granted upon written request. The request form is incorporated in these bylaws as Exhibit A.
PART XVI – AMENDMENTS
16.01 These bylaws may be altered, amended, or repealed by two-thirds majority of the members in attendance at an annual meeting or any special meeting called for that purpose, provided, however, that notice of the proposed amendment, alteration or repeal has been given to each member at least 30 days prior to the date of the meeting at which the bylaws are to be altered, amended, or repealed. Notice may be provided as set forth in the annual meeting provision above.
The MYSA Board of Directors adopts these bylaws on this 25 day of April, 2010.
Todd Felhofer, President
Attested By:
Stephanie Hayes, Secretary
Name of player _________________________________
Team ________________
I do not give permission for my child’s image to be posted on the Marshfield Youth Soccer Association (MYSA) website or for MYSA to release any photographs or images of my child to any other party.
_____________________________
(Parent signature)
__________________
(Date)
(Form is in effect for 1 year from signing)
Name of requestor _________________________________
Requesting repayment of funds for:
____ Tournament Fee (please see the tournament fee payment policy for specifics on what to include with request)
____ Coaching/Referee Clinic Fees (please provide all applicable receipts and verification of completion of the course with this form)
____ Player Refund ($25 withhold unless otherwise approved by BOD)
Reason for Request_______________________________________
_______________________________________________________
____ Other
Reason for Request_______________________________________
_______________________________________________________
_____________________________
(Requestor signature)
__________________
(Date)
For MYSA BOD Use Only
__________________ Request Review Date
____ Approved ____ Denied
Reviewed By ___________________________
For Player Refunds Only:
$25 Withhold Waived ____ Yes ____ No
Program Description: MYSA offers an assistance program for youth soccer participants who are in need of financial assistance to cover registration, uniform and tournament costs. Each request is considered on a per season basis. The amount of aid and number of players receiving aid is dependent on the money set aside for assistance by the MYSA Board of Directors and is not guaranteed from year to year.
Confidentiality: All information is for the sole purpose of helping the MYSA Board of Directors make grants. All requests are strictly confidential. Incomplete forms will not be considered.
Name of player _________________________________
Parent Name ___________________________________
Parent Address _________________________________
Parent Phone ___________________________________
Parent E-mail __________________________________
Free/Reduced Lunch Program Yes / No
Estimated Current Year Family Income ___________________________
Family Size _______________
Number of Children in MYSA ________________
Reason for Request_______________________________________
_______________________________________________________
Returning player must provide letter of recommendation from previous year’s coach.
We (I) certify that, to the best of my (our) knowledge, the above information is true and accurate.
_____________________________
(Parent signature)
__________________
(Date)
For MYSA BOD Use Only
__________________ Request Review Date
____ Approved ____ Denied
Amount Approved $___________________
Required Family Contribution $____________________________
Reviewed By ___________________________
Name of Person (as defined in Section 8.02b of the Bylaws of the Marshfield Youth
Soccer Association) _________________________________
_____ I do not have any “Conflict of Interest” as defined in Section 8.02c of the Bylaws of the Marshfield Youth Soccer Association.
_____ I have a “Conflict of Interest” as defined in Section 8.02c of the Bylaws of the Marshfield Youth Soccer Association, which is further described below:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________
(Person signature)
__________________
(Date)
(Form is in effect for 1 year from signing)