BY-LAWS
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ARTICLE 1: NAME The name of this non-profit organization is The United States Deaf Cycling Association, Inc. The principal office of this Association is 247 Jack London Court, Pittsburg, California 94565-3661. This Association may have offices at such other places as the Board of Directors may, from time to time, deem necessary. The acronym USDCA shall be used for the purpose of brevity or for use in a logotype. ARTICLE 2: OBJECTIVES The objectives of this Association shall be Sec 1: To promote cycling, both recreational and competitive, among deaf and hearing impaired people. Sec 2: To provide deaf cyclists with benefits, activities and opportunities which will further increase their enjoyment of the sport of cycling. Sec 3: To encourage amateur bike racing among deaf cyclists and to sponsor national and regional races for the deaf cyclists, with sanction by and in conformance with the rules of appropriate agencies governing national and international cycling competition. Sec 4: To assist in any way possible the selection, organization and training of the United States Deaf Cycling teams for international competition. ARTICLE 3: REGISTERED ADDRESS Sec 1: The registered address of this Association shall be the address of the President. ARTICLE 4: MEMBERSHIP Sec 1: Anyone with a hearing loss of at least 55 decibels in his or her better ear, residing in the United States or a neighboring country, and professing an interesting in cycling may become an active member upon payment of dues to this Association. Sec 2: Members who are non-citizens of the United States shall enjoy full membership privileges except that they shall not vote for officers of this Association, and nor shall they be eligible for membership on the United States Deaf Cycling Team. Sec 3: Contributing members: Any person or organization by contributing the sum of one hundred dollars ($100.00) or more shall become a contributing member. Sec 4: Any hearing person may become an associate member of the Association upon payment of dues. Sec 5: Any child (deaf or hearing) whose parent(s) is an active member in a good standing and whose age is 16 or under is exempt from dues for membership in the Association. Any hearing child whose parent(s) is an active member in good standing and whose age is 16 or under is eligible to participate in recreational competition activities of the Association. Sec 6: Only active members shall have voting privileges in any meeting or mail ballot conducted by this Association. Sec 7: The fees and dues for all classes of membership shall be determined by the Board of Directors. Sec 8: Members failing to pay dues on a date set by the Board of Directors shall be deprived of the privileges that go with his/her membership until such dues are paid. Sec 9: Honorary membership shall be extended to benefactors, deaf or hearing, who have proved their interest in the organization and its activities. Honorary membership may be granted by the Board of Directors. Honorary members shall pay no dues and may not hold offices in this Association. ARTICLE 5: AFFILIATION Sec 1: This Association shall affiliate with any cycling or athletic organization in which mutual benefit can be gained from such affiliation. Sec 2: Active cycling clubs on joining the USDCA shall pay annual fees for membership as may be established by the Board of Directors. Sec 3: The following criteria for the cycling clubs is required to meet the minimum. a) Three (3) members or more to initate b) Club is required to pay $6 affiliation fee per year Sec 4: Individual membership of cycling club is required to pay $5 for USDCA. Club fee to cover functions is the club's decision. ARTICLE 6: MEETING Sec 1: This Association shall convene once every two years at a site voted upon by the general membership at a previous general meeting. Sec 2: The Board of Directors shall meet once each year and shall hold such additional meetings as may be called by the President or by any two Board members by request through the President. The Board of Directors shall meet upon call by the President. ARTICLE 7: ELECTION OF OFFICERS Sec 1: Officers shall be elected by secret ballot by the general membership in attendance at the General Meeting at the conclusion of each Deaflympics or if the general meeting shall not possbibly be held, nominations and elections of officers shall be conducted by an Election Committee, which shall consist of two members, selected by the President with the advice and consent of the Board. Sec 2: The original Board of Directors as named in the Articles of Incorporation shall serve until the new Board of Directors is selected. Sec 3: The term of new officer(s) shall begin on January 1st after elections and serve until the end of next Deaflympics. Sec 4: The Election Committee's responsibilities shall be to: a) Seek nominations for officers by sending nomination forms to its committee. b) Prepare and send out the official ballots to all qualified members of the USDCA. Sec 5: A majority of the votes of the membership voting shall elect officers. Sec 6: Elective officers of this Association shall be: President, Vice-President, Secretary-Treasurer, Road Bike Coordinator and Mountain Bike Coordinator. The two Coordinators shall be appointed by USDCA coach selection committee upon approval of the USADSF Executive Board. Sec 7: The Board of Directors shall consist of the President, Vice-President, Secretary-Treasurer, Road Bike Coordinator and Mountain Bike Coordinator. Sec 8: Any officer or member of any committee of this Association may be removed for any good cause (as defined in (a) below) by two-thirds vote of the Board of Directors present and voting at a general meeting, or a special board meeting called for this purpose, provided that a quorum is present as defined in Article V and provided that the requisite written notice for such meeting shall properly set forth on the agenda the said removal vote. a) Any officer or member of any committee may be removed, if he/she acts in a manner detrimental to the objectives of the Association and the sport of cycling, or has violated any of the By-Laws of the Association. b) Any officer or member of any committee subject to removal shall be notified in writing of all charges against him/her and be offered the opportunity to be heard before the Board and to present witnesses on his/her behalf. Sec 9: Anyone can be elected to an office after fulfilling two (2) years membership of this Association. ARTICLE 8: DUTIES OF OFFICERS Sec 1: The President shall be the chief executive officer of the Association and shall preside at the General and Board meetings. He/She shall act as liaison between the Association and other organizations with which the Association is affiliated and shall rule on all questions relating to the USDCA By-Laws and Roberts Rules of Order. Sec 2: The Vice-President shall perform the duties of the President in his/her absence or when the office of the President becomes vacant. He/She shall act as chairperson of the By-Laws committee. Sec 3: The Secretary-Treasurer shall record all General and Board meetings and read the minutes of such. He/she is sufficiently familiar with legal documents (articles, by-laws, IRS letters, etc.) to note applicability during meetings. He/she shall maintain records of the board and ensures effective management of organization's records. He/she shall collect dues and keep a list of all active members. He/she shall submit a yearly financial report to the membership. He/she shall collect all United States Deaf Cycling Team Fund monies. The fiscal year shall begin on January 1st. The two (2) appointed auditors from the general meeting, selected before the start of the general meeting, shall be approved by the Board. Sec 4 The Road Bike Coordinator and Mountain Bike Coordinator shall also be the cycling coaches with the responsibilities of recruiting, training and preparing the USA Cycling Team for both Deaflympics and World Deaf Cycling Championships. They shall supervise all riders and keep the Board informed of same. They shall be aware of and adhere to the USOC Coaching Ethics. The contents of the USOC Ethics can be found at the USOC website. They shall work closely with USDCA on the following expectations:
ARTICLE 9: EXECUTION OF INSTRUMENTS: Deposit and Withdrawl of Funds Sec 1. The Treasurer may from time to time authorize the opening and maintaining the general and special bank accounts with any bank institution. He or she shall adhere that the expenditure shall not be drafted over the availability of revenue from membership dues, donations and whatsoever for the use of organization during the calendar year. Sec 2. By the end of calendar year, all of the balance from the revenue shall go to both mountain bike development fund and road bike development fund equally. Sec 3. Any other special fund may be assigned by the Board of Directors, which is to be the general activity fund of the Association and/or endowment fund, which is to be used to support programs of the Association. ARTICLE 10: COMMITTEES Sec 1: Committees may be established by the Board of Directors as it deems necessary for the proper execution of business of this Association. Sec 2: Such committees shall remain in operation until the next election. ARTICLE 11: ADMINISTRATION Sec 1: All business unless otherwise stated in the Association By-Laws shall be conducted by the Board of Directors, subject to their general direction by the officers of this Association. Sec 2: The Board shall meet at the general meeting, at times the President deems necessary. At other times, business may be conducted through mail or by other convenient means. Sec 3: The Board of Directors may at any time determine reasonable expenses incurred by the duly-elected officers and that these expenses shall be reimbursed by this Association. Sec 4: Any act of the Board may be overruled if: a) A member objecting to an act secures a petition with six or more signatures of members in good standing besides himself/herself, to force a vote by the general membership on the issue in question. b) A majority vote of the general membership at the general meeting against the act shall invalidate same. ARTICLE 12: ORDER OF BUSINESS Sec 1: The order of business at the General Meeting shall be established by the Board of Directors. ARTICLE 13: AMENDMENTS Sec 1: Notification of proposed amendments to this Association By-Laws must be published in the USDCA eBREAKAWAY Newsletter and sent to Association members at least two (2) months before the general meeting. Sec 2: A two-thirds majority vote of the members voting at the general meeting is required to amend the By-Laws. Sec 3: The Board of Directors shall have the power to adopt, amend, or repeal any of the By-Laws of this Association, except by-laws repealed or adopted by the members at any annual, regular, or specific meeting. ARTICLE 14: GRIEVANCE PROCEDURE Sec 1: Any member of this Association may file a written grievance in the form of a complaint with the Secretary, within fifteen (15) days, pertaining to any matter within the cognizance of this Association and/or alleging a violation of any provision of these by—laws or Operating Regulations. At the time of filing, a copy of the compliant shall be sent to the President.Sec 2: Each complaint shall be signed under oath and shall allege with particularity the nature of the grievance and/or each claimed violation by reference to specific sections thereof, stating in concise factual allegations shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation. Sec 3: Upon receipt of a complaint, the Secretary shall refer it to the Standing Committee for the sport involved or in the case of more general grievances or complaints, to the Executive Board. Every effort will be made to resolve the complaint at this level through informal means. Sec 4: In the event that the member filing a compliant is not satisfied with the resolution of the matter by informal methods, he/she may request a hearing, whereupon the President shall, within fifteen (15) days, appoint a panel, consisting of three (3) members of the Executive Board, none of whom shall have in interest in the subject matter of the complaint to hear evidence, making findings of fact, and adjudicate the issues raised. At least 20 percent (20%) of the Executive Board members appointed shall be active athletes. The appointment shall include the designation of one (1) of the selectees as the chairperson. Sec 5: Fair notice and an opportunity for a hearing shall be accorded to any amateur athlete, coach, trainer, manager, administrator, or official before this Association declares such individual ineligible to participate in any amateur athletic competition. Sec 6: At any hearing conducted pursuant to paragraph (d) of the Article, all interested parties shall have the right to counsel, to present evidence in support or in opposition to the 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; instead, rules of evidence that are generally accepted in administrative proceedings shall be applicable. The hearing panel shall expeditiously conduct the hearing and report its findings of fact and conclusions in writing to the Association and all interested parties. Sec 7: The decision of the hearing panel may be appealed to the Association by written notice to the President by certified mail within fifteen (15) days from the receipt of the decision. ARTICLE 15: DISSOLUTION Sec 1: In case of dissolution of this Association, monies remaining in the Association treasure following payment of all bills shall be donated to the United States of America Deaf Sports Federation (USADSF), National Cycling Team of USA Deaf World Games, or any other non-profit cycling groups the Board of Directors deems appropriate. ARTICLE 16: ARBITRATION DECISIONS Sec 1: The United States Deaf Cycling Association, Inc. agrees to submit to binding arbitration conducted, in accordance with the commercial rules of the American Arbitration Association, in any controversy involving the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athlete competition, as provided for by the United States Olympic Committee's Constitution and By-Laws.
Revised on September 2, 1999 Revised on May 22, 2002 Revised on December 26, 2006 Revised on January 6, 2007
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