BY-LAWS OF
USA TRACK & FIELD - NEW ENGLAND, INC.

Article 1. Name. The name of the Association shall be USA Track & Field - New England, Inc.

Article 2. Definitions. The word "Athletics" shall include track and field, long-distance running, cross-country running, race walking, and any other sport whose jurisdiction is granted to USA Track & Field. The phrase "New England" shall include the Commonwealth of Massachusetts and the States of Vermont, New Hampshire, and Rhode Island.

Article 3. Purposes and Authority. The primary purposes of the Association as set forth in its Articles of organization are to foster national and amateur sports competition by encouraging, improving and promoting amateur Athletics in New England. The Association shall possess, through its affiliation with USA Track & Field, authority of that body in New England. The Association shall be autonomous in the administration of Athletics, and to that end shall exercise independent jurisdiction over the administration, eligibility, sanctioning authority, representation, and rules of competition for Athletics in New England.

Article 4. Membership. There are two classifications of membership:

1. Club members; which shall consist of bona fide New England amateur sports organizations active in Athletics. The Board of Governors shall establish procedures for the admission of member clubs. Dues shall be current, i.e., paid within the prior twelve months, for a member club to be in good standing.
2. Individual members; which shall consist of athletes, coaches, officials, administrators or any individual interested in Athletics and with current membership in USA Track & Field - New England. Individual members shall have no dues obligation other than the annual membership fee.

Article 5. Meetings. The annual meeting of members shall be held on the third Saturday of September in each year. Special meetings of members may be held at any time called by the President, after the proper notification. A written notice of any meeting of members stating the time and place and the purposes thereof shall be given by mailing the notice to the officers and committee chairpersons of USA Track & Field - New England and each member club in good standing at least twenty (20) days in advance of such meeting, and by posting said notice in the office of the USA Track & Field - New England at least twenty (20) days prior to the meeting. The presence of delegates from six (6) member clubs or ten (10) percent of the member clubs, whichever is greater, shall constitute a quorum at any meeting.

Article 6. Voting in the Association:

1. Voting delegates in the Association shall be as follows:
   1. On January 1, each Club Member shall be allowed voting delegates based on the number of registered individual members affiliated with it at the end of the preceding registration year.

      On June 30 of the current registration year, all membership will be counted again, and member clubs will be allowed voting delegates for the remainder of the calendar year based on the greater of the January 1 or June 30 number of registered individual members.

      The delegates shall be members of the club.

      1. A Club Member with 5 to 15 registered individual members or certified officials -1 delegate.
      2. A Club Member with 16 to 49 registered individual members - 2 delegates.
      3. A Club Member with 50 to 99 registered individual members - 3 delegates
      4. A Club Member with 100 to 199 registered individual members - 4 delegates.
      5. A Club Member with 200 or more registered individual members - 5 delegates.

      Any dispute among individual members of a member club shall be decided by the member club. A written declaration of delegates and alternates, if any, signed by the President of the member club shall be conclusive as to delegates. The President of the USA Track & Field New England shall decide unresolved disputes.

   2. Individual members affiliated with a Club Member shall be represented by the Club Member's voting delegates. Individual members who are unattached shall be allotted a total of one (1) vote for every one thousand (1,000) individual unattached members as of the end of the preceding registration year.

      Individual unattached members present at a meeting shall each have an equal fraction of the total number of votes allotted to unattached individual members, provided no individual shall have more than one vote.

   3. Every officer and sports committee chairperson of USA Track & Field - New England shall have one vote. Any employee paid a regular salary by USA Track & Field - New England may have voice but shall have no vote.
2. The voting representation set forth in paragraph A of Article 6 shall be effective for all meetings of the Association and all meeting of Sport Committees of the Association. An individual may only be one (1) voting delegate with one (1) vote at any meeting,

Article 7. Procedure at Meetings.

1. At all meetings of USA Track & Field - New England the order of business is as follows: Roll call of delegates, minutes of the preceding meeting, Treasurers report, reports of other officers and committees, unfinished business, action on proposed amendments, new business, election of officers (at annual meeting in even-numbered years), and adjournment.
2. The current Robert Rules of order are the general rule of order, except when they are in conflict with the provisions of these By-Laws in which case these By-Laws shall prevail.
3. The Secretary shall, within twenty (20) days following a meeting, mail a copy of the minutes thereof to the Secretary of USA Track & Field and each Member Club of the Association, and post a copy in the USA Track & Field - New England office.

Article 8. Officers of the Association. The officers of the Association are a President, one or more Vice-Presidents with a maximum of three, a Treasurer, and a Secretary. The officers shall be elected by secret ballot from among, and by, the delegates at the annual meeting of members held in even-numbered years. Each officer shall serve for a term of two years following election, or until his or her successor is elected. There shall be no established order of succession to any office, but the President shall not serve consecutively for more than two full terms. Should the President or any other officer become incapacitated or resign, the remaining officers shall choose a successor to serve until the next regular election.

The Board of Governors, for good cause shown, may remove any officer provided the procedures outlined in Article II.B.2 (c) are followed.

Article 9. Duties of Officers. The duties of the officers of the Association shall be those which are promulgated from time to time by the Board of Governors and, in addition, are as follows:

1. President. The President shall preside at all meetings of the Association and shall be an ex-officio member of all committees.
2. Vice-Presidents. The Vice-Presidents shall perform such duties as shall be assigned to them by the President.
3. Treasurer. The Treasurer shall receive and account for all funds of the Association.
4. Secretary. The Secretary shall make proper arrangements for keeping the records of the Association, conducting all official correspondence of the Association and issuing official notices of all meetings of the Association.

Article 10. Board of Governors The directors of the Association shall severally be called "Governor" and as a body shall be called "Board of Governors." The Board of Governors shall be composed of the President, who shall be chairperson, the Vice-Presidents, the immediate past President, the Treasurer, and the Secretary of the Association, two active athletes, who shall be elected at the annual meeting, the Chairpersons of the Sport Committees and the Officials Committee Chairperson. The Board of Governors shall have authority to act for-the Association between meetings. Meetings of the Board of Governors shall be upon call by the Chairperson. A written notice of any meeting shall be given to each member of the Board of Governors at least ten (10) days in advance of such meetings. The presence of a majority of the members of the Board of Governors shall constitute a quorum at any meeting.

The Board of Governors may maintain an office from which the association conducts business, and hire full or part time employees as it deems necessary. All such employees must keep the Board informed of any conflicts of interest which may arise in the course of their employment.

A Managing Director (hereafter Director) maybe hired to conduct the business of the association under the direct supervision of the President. The Director shall report to the Board of Governors monthly, or more often if so requested.

The Director shall be reviewed, at minimum, annually by the Board of Governors. The Director shall have voice but no vote at any meeting of USA Track & Field - New England. The Director may not serve as an officer of the Association. The Director may serve as a delegate to the annual USA Track & Field National Convention.

Article 11. Committees, The types of committees of the Association are as follows: Sport, Administrative, and Special.

1. Sport Committees. The Sport Committees are: racewalking, cross country, track and field, youth athletics, masters long distance running, masters track & field, men's long distance running and women's long distance running, mountain & trail running.
   1. Duties and Responsibilities. Each Committee:
      1. Has jurisdiction over annual Association championships in the particular sport it controls, and shall institute, locate, conduct, and manage all such championships as deemed best by the Board of Governors and in accordance with the By-Laws of USA Track & Field.
      2. May award championship events not only for the current year but for two additional years.
      3. Has full power and authority to make allotments for expenses of athletes and teams taking part in the championship with funds appropriated for that purpose.
      4. Has power to appoint subcommittees, whose members need not be members of the committee, to manage but not conduct the various championships.
      5. Approves the entry blank to be used for any Championship, and determines eligibility for championship in the sport it controls. Gives thirty (30) days notice of any championship to all member clubs.
      6. Has authority to open its meeting, by a majority vote of the committee members present, to all athletics coaches, officials, and representatives of any group actively engaged in the sport, who shall have voice during the committee meeting but no right to vote.
   2. Make-Up. The chairperson of each Sport Committee shall be elected annually at a meeting of the committee. The committee shall be composed in accordance with Article 6.
2. Administrative. The Administrative Committees are: Budget and Finance, Registration, Law and Legislation, Marketing and Local Media, Medical Advisory, Records, Officials, and Membership.
   1. Budget and Finance.
      1. Duties and Responsibilities. The committee:
         1. Within two weeks following the end of the fiscal year examines the accounts of the Treasurer for such year and reports to the Association at the annual meeting of the Association.
         2. Examines the accounts of the Treasurer at any other times as requested by the Association and reports to the Association thereon, and can in such cases require the Treasurer to turn over to it all monies, accounts, books, papers, vouchers, and records pertaining to that office.
         3. Recommends to the Association penalties to be charged to clubs and individuals not paying their obligations.
         4. Cooperates with the various committees on matters pertaining to the financial well-being of the Association.
         5. Advises the Association with reference to opening new bank accounts or closing old ones.
         6. Analyzes the accounts receivable and recommends a final disposition of such accounts as may appear to be uncollectible.
         7. Prepares a budget of anticipated income and expenditure for the ensuing year and submits same to the Board of Governors for approval at the first meeting of the year.
         8. Submits to the Board of Governors, for approval a Schedule of all dues and fees to be paid to the Association.
      2. Make-Up. The committee consists of the Treasurer who shall be Chairperson and two other persons appointed by the President.
   2. Membership.
      1. Duties and Responsibilities. The committee:
         1. Has power to sanction events and to register and certify athletes for competition in events sanctioned by the Association.
         2. May conduct hearings on any matter affecting USA Track & Field and the Association, and arising solely within the territorial jurisdiction of the Association, and involving only members of the Association.
         3. May censure, suspend for a definite or indefinite period of time, or expel any member of the Association, including any athlete, coach, manager, official, member of any committee, or any person participating in any capacity whatsoever in the affairs of the Association, who has contravened any of the rules of USA Track & Field or the Association, or who has acted in a manner which brings disrepute upon USA Track & Field, the Association, or upon the sport of Athletics.
      2. Make-up. The committee consists of seven (7) persons elected by the members of the Association and shall elect its own Chairperson.
      3. Procedures. The procedures to be taken in reference to all hearings conducted by the committee shall be as follows:
         1. Hearings may be conducted by an attorney-at-law retained by the committee for that purpose but who shall have no vote. A quorum for any hearing shall be fifty (50) percent of the committee's membership, but in any event no less than four (4).
         2. Formal hearings. The respondent shall be given notice in writing, sent to his or her last known address by certified mail, return receipt requested, or by personal service, of the charges against him or her in detail, or of the circumstances which are believed to require answers, explanation, or clarification. The written statement of charges shall also set out the penalties which may ensue if such charges are proved; shall contain a date at which time a hearing will be had with the request that the person charged shall appear before the REVIEW SECTION with the right to have counsel of his own choice to represent him at the hearing; shall set a date of hearing not less than thirty (30) days nor more than sixty (60) days after the date of mailing of such notification; and shall request the person charged to answer, in writing, to the Chairman of the committee, all the charges set forth in such written statement. This answer shall be delivered to the Chairman by either certified mail or registered mail return receipt required, no later than ten (1 0) days prior to the date of hearing. The statement shall also set forth the right to appellate review in the event the decision is rendered against the person charged.

            The decision shall be rendered at the time of the hearing, or within twenty-four (24) hours thereafter.

         3. Emergency hearing. When compliance with regular procedures would not be likely to produce a sufficiently early decision to do justice to the affected parties, the committee or its duly authorized agent(s) or representatives, is authorized, upon such notice to the parties concerned as circumstances may dictate, to summarily hear and decide a matter relating to a scheduled amateur athletic competition.

            The individual or entity charged may be suspended from participating in the activities of Athletics whatsoever after being given such notice and hearing as time and circumstances may reasonably dictate. The hearing may be conducted at the site of athletic competition or by telephone conference if necessary, but in any event under such circumstances as to fully protect rights of procedural due process of the individual or entity charged.

            The notice to be given to the individual or entity charged may be oral, or in writing and, if oral, reduced to writing within twenty-four (24) hours, and shall in every instance contain all notice requirements set forth in the foregoing section.

      4. Appeal. The decisions of the committee shall be final in all cases, subject only to appeal to the Board of Governors and thereafter to the National Board of Review. An appeal to the Board of Governors must be taken within ten (10) days after receipt of written notice of the decision of the committee. Any person representing a real party in interest in the case may appeal. Upon timely petition to the Chairman of the National Board of Review, and upon showing of good cause there or, the time for appeal from the decision of either the committee or the Board of Governors may be extended.
      5. Notice to Athleteathlete, it is sufficient to mail . In each case where notice is mailed to a registered the notice addressed to him at the residence given in his application for registration; or, if he or she has filed with the Registration Committee a written notice of change of residence, then at such changed address.
   3. Law and Legislation.
      1. Duties and Responsibilities. The committee:
         1. Considers and presents in proper form for action all amendments to the By-Laws of the Association and may make recommendation.
         2. Has the authority to propose amendments to the By-Laws of the Association.
      2. Make-up. The committee consists of a chairperson and two other persons appointed by the President.
   4. Marketing and Local Media
      1. Duties and Responsibilities. The committee:
         1. Has jurisdiction over and determines all matters concerning local media in accordance with such rules, regulation, and authority as may be delegated to it by the Board of Governors. The decisions of the committee are binding on each Sport Committee.
         2. Is responsible for annually reporting to the Board of Governors all gross revenues received from media, together with the allocation of such revenues to each sport.
      2. Make-up. The committee consists of a chairperson and two other persons appointed by the President.
   5. Medical Advisory.
      1. Duties. The committee will study the correlation between health and sports and make such recommendations as deemed advisable for the conduct of the sport of Athletics; it will act as the medical advisory committee to the Association. In addition the committee:
         1. Encourages sports medicine seminars to be held throughout the Association from time to time, and acts as an advisory body to those interested in conducting sports medicine seminars.
         2. Prepares a list of physicians who are willing to be present at events sanctioned by the Association.
         3. Assists and advises Sport Committees in areas of physiology testing, biomechanics, nutrition, and injury prevention.
      2. Make-up. The committee consists of a chairperson and four other persons appointed by the President.
   6. Officials.
      1. Duties and Responsibilities. The committee:
         1. Designates officials.
         2. Certifies Association officials.
         3. Recommends to the Officials Committee of USA Track & Field candidates for national and master official certification.
         4. May organize and maintain instructions for officials, including examinations, clinics, and other such activities as it shall prescribe.
      2. The committee consists of a chairperson appointed by the President and one member elected by each sports committee.
   7. Records.
      1. Duties and Responsibilities
         1. The committee shall compile and maintain results of all USA Track & Field - New England championship events. The various Sports Committees shall cooperate in this endeavor.
         2. Investigation. The committee shall investigate every performance submitted for record approval and forward the same on appropriate forms to the appropriate body together with its recommendation for approval or rejection.
         3. Requirements. So far as is practicable, the requirements for record approval shall conform to the requirements of the IAAF and USA Track & Field with respect to application for the approval of World Records In each sport. The committee shall enlist the aid of the host meet director who sponsors or conducts the competition in investigating and submitting applications for records.
         4. The committee shall cooperate with and aid USA Track & Field in certifying courses.
      2. Make-up. The committee consists of a chairperson and two other persons appointed by the President.
   8. Membership.
      1. Duties and Responsibilities. The committee shall consider, develop, and recommend to the Association proposals concerning types of members, establishment of qualification criteria or standards for membership, membership fees to be assessed, and related subjects. The committee shall maintain a current list of member clubs and individual members.
      2. Make-up. The committee consists of a chairperson and two other persons appointed by the President.
3. Special Committees. The President of the Association may appoint such special committees as are deemed advisable to further the legitimate interests of the Association, or as directed by the annual meeting of the Association or the Board of Governors. Any special committee shall have such duties and responsibilities as may be specified by the President, the Association, or the Board of Governors.

Article 12. Arbitration and Appeals. Disputes between Sport Committees will be settled through compulsory and binding arbitration by a committee consisting of an equal number of representatives of each of the involved committees and an impartial chairman selected by the Law and Legislation Committee, subject to approval of the involved committees.

Article 13. Conditions of Competition. The conditions of competition in and the rules governing any athletic event, game or entertainment given or sanctioned by an Association or its members are those prescribed in the By-Laws and Rules of USA Track & Field. An active member may be held responsible for infractions of the rules by an athlete who is competing as its representative.

Article 14. Athletes' Bill of Rights. The Association shall respect and protect the right of every individual who is eligible under reasonable national and applicable international amateur athletic rules and regulations to participate if selected (or attempting to qualify for selection to participate) as an athlete, coach, trainer, manager, administrator, or other official, representing the United States in any international amateur athletic competition, so long as such competition is conducted in compliance with reasonable national and applicable international requirements.

Article 15. Internal Grievance Procedure and Arbitration.

1. Any registrant may file a written grievance with the Secretary pertaining to any matter within the cognizance of the Association and/or alleging a violation of any provision of these By-Laws, or the Amateur Sports Act of 1978, or the sports rules governing Athletics. If it is required that a complaint be heard by a Grievance Committee, as provided in section (D) of this Article 15, a $10 filing fee must accompany the formal complaint.
2. Any grievance or complaint shall be signed under oath and shall allege with particularity the nature of the grievance 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 allegation shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation.
3. Upon receipt of a grievance or complaint, the Secretary shall refer it to the Sport Committee for the sport involved, or. in the case of more generalized grievances or complaints, to the Board of Governors. Every effort will be made to resolve the grievance or complaint at the committee level through informal means.
4. In the event that the member filing a grievance or complaint is not satisfied with the resolution of the matter reached by informal methods, he may request a hearing, whereupon the President shall promptly appoint a Grievance Committee consisting of at least three (3) members of the Board of Governors, none of whom shall have an interest in the subject matter of the grievance or complaint, to hear evidence, make findings of facts, and adjudicate the issues raised.
5. At any hearing conducted pursuant to the foregoing section (D), 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. A summarized record of the proceedings shall be made by the hearing panel. The rules of evidence shall not be strictly enforced. The hearing panel shall expeditiously conduct the hearing and report its findings of fact and conclusions to the Board of Governors and all interested parties.
6. Fair notice of an opportunity for a hearing shall be accorded to any amateur athlete, coach, trainer, manager, administrator, or official before the Association declares such individual ineligible to participate in any amateur athletic competition.

Article 16. Fiscal and Legal.

1. Fiscal Year. The fiscal year of the Association is January 1 through December 31.
2. Bonds. Corporate fidelity bonds may be obtained at the expense of the Association in a form and amount approved by the Board of Governors indemnifying the Association against losses resulting from infidelity, defalcation, or misappropriation by officers, employees, or agents of funds, property, or assets owned by or under the control of the Association.
3. Bank Accounts and Depositories. The Board of Governors may from time to time as necessary, designate depositories for the funds, property, and assets belonging to or under the control of the Association. Funds on deposit in banks can be withdrawn only by voucher check upon the signature of the Treasurer or President, or such other officer or officers as shall be designated by the Board of Governors.
4. Auditor and Audit Report. The Board of Governors shall at the beginning of each fiscal year, select an independent auditor to examine the books and financial records of USA Track & Field - New England for the prior fiscal year. After completing this examination, the auditor shall submit his report to the Board of Governors and a copy of the report must be made available for each member of the Association as soon thereafter as reasonably possible, and in any event prior to the next ensuing annual meeting.

Article 17. Amendments.

1. The articles may be amended at any meeting of the Association by a two-thirds vote, provided that notice of the proposed amendment has been submitted in writing to the members of the Association at least thirty (30) days prior to the meeting.
2. Amendments to these Articles may be proposed by any member, and, if not proposed by the Law and Legislation Committee, must be submitted to the Chairman of such committee at least ninety (90) days prior to the meeting for proper review and submittal to the members of the Association.

Article 18. Saving Clause. Failure of literature of complete compliance with provisions of the By-Laws in respect to dates and times of notice, or the sending or receipt of the same, or errors in phraseology of notice of 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 meeting.

Revised 6/96

USA Track & Field - New England
usatfne@ix.netcom.com
P.O. Box 1905
Brookline, MA 02446-1905
United States

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This page was last updated November 8, 1998.
Corrections? Contact Justin Kuo (617-731-9889)