Cobras Constitution

d) Corporation Act means, the Corporation Act R.S.O. 1980, Chapter 89, and any statute amending or enacted in substitution, thereof, from time to time.

e) Documents includes deeds, mortgages, charges, conveyances, transfers and assignments of property, real of personal, immovable or movable, agreements, releases, receipts and discharges for the payment of money or other obligations, conveyances, transfers and assignments of shares, bonds, debentures or other securities and all paper writings.

f) Executive means the Board of Directors of the organization.

g) Generals all terms defined in the Corporation Act have the same meaning in this by law and all other by laws and regulations of the organization.

Article III - Head Office

The Head Office of the organization shall be in District 3, in the province of Ontario, and at such place therein as the executive may from time to time determine.

Article IV - Objectives

a) To promote, organize and teach hockey.

b) To provide maximum opportunities without discrimination.

c) To develop friendship and sportsmanship.

d) To develop mental and physical skills.

Article V - Membership

a) Members in Good Standing

Parents (both), guardian of the players and team officials shall become a member of the organization upon signing a registration certificate and remain a member in good standing so long as full payment of annuals fees, set up by the executive and such levies set by each team, have been paid prior to the start of the season. If a member does not meet these requirements, he might be expelled from the organization. All persons on the executive will be members.

b) Liability of the Members

Members shall not as such be held answerable or responsible for any act, default, obligation or liability of the organization or for any engagement, claim, payment, loss, injury, transaction, matter or things relating to or connected with the organization.

Article VI - Boundaries

The organization shall have jurisdiction for competitive AA and A players in all of District 3 as defined by the Ottawa District Hockey Association, hereinafter, referred to as the ODHA and the Ottawa District Minor Hockey Association, hereinafter, referred to as ODMHA.

Article VII - Executive Committee

a) The business and the affairs of the organization shall be conducted by the executive who shall act in accordance with this constitution and such by laws and regulations as may from time to time be enacted by the organization. In all decisions they shall follow the policies of the ODMHA, the ODMHA’s District 3, the ODHA and Hockey Canada. In cases involving playing rules, the Cobras Association will follow the rules and regulations of the league in which their teams play.

b) The Executive committee will have the power to make any changes to the constitution at any time but they must be approved by a majority of 2/3 of the voting members at the next annual meeting. Any amendments tabled on the floor of the annual meeting by a member of the Cobras Association are subject to approval by 80% of those attending the AGM unless the secretary receives written notice of the amendment at least one week before the AGM. If prior written notice is received, then 2/3 approval is required.

c) All members of the executive committee will have one (1) vote.

d) The Executive shall consist of:

i) President

ii) Directors (10)

e) The president shall be elected for two years, by the Eastern Ontario Cobras Executive at the annual meeting.

f) The position of director shall be a two year term. Five directors will be elected in even years and the other six directors in odd years. (Positions to be determined).

g) Every director who is appointed to fill a vacant position must be elected at the next annual general meeting. Directors who receive the highest number of votes will be elected to a two-year term, if applicable.

h) Prior to the AGM and after consultation with teams, the executive will decide in which league AA or A, Major Atom, Minor Peewee and Major Peewee teams will play next season.

Article VIII - Annual Meeting

a) The annual meeting of the members shall be held each year at a date no later than the 15th day of June, following the completion of the current hockey season, at a time, place and date determined by the President. Notice of the time, place and date of the annual meeting shall be posted and published at least 14 days prior to the event.

b) The order of business of the annual meeting shall be:

1) Approval of the agenda

2) Minutes of the last meeting

3) President’s report

4) Correspondence

5) Treasurer’s report

6) Question period

7) Amendments to the Constitution

8) Adjournment

9) Opening of the elections

10) Election of the executive

11) Adjournment

Article IX - Meetings

Meetings of the executive may be held monthly at any time, and place, as designated by the President. At the request, in writing, of four (4) or more executive members, the President must convene a special meeting within two (2) weeks. Notice of regular or special meetings shall be given by the Secretary to all members at least five (5) days prior to such meetings. The quorum for the transaction of business at meetings of the executive shall consist of six (6) members of the executive, one (1) of which must be the President or his delegate.

Article X - Duties of the Executive

a) President

The President is not limited to the list that follows. We have to see his role as a President of a league with jurisdiction over all the organization. The President:

i) Presides all meetings.

ii) Signs as representative of the organization.

iii) May discipline teams, team officials, players, parents, and executive members but his decisions will have to be reported at the next meeting.

iv) Represents the organization at the district and at the league.

v) Exercises all duties and powers of the executive when it is impossible for the President to obtain a vote of his executive, in case of an emergency.

vi) Appoints the different duties among the directors of the executive.

viii) The President shall delegate duties among the directors.

b) Directors

The Directors shall perform those duties as directed by the President:

i) Vice President

During the absence or inability to act of the President, his duties or powers may be exercised by the Vice President. The Vice President shall also perform other duties from time to time, prescribed by the President or incidental to his office. Without limiting the generality of the foregoing, the Vice President will have the powers of the President in his absence.

ii) The Treasurer shall:

1) Keep full and accurate accounts of all receipts and disbursements of the organization in proper books of accounts and shall deposit all monies in the name of, and to the credit of the organization in a banking institution, from time to time, designated by the executive.

2. Submit a written monthly report of the organization’s finances to the executive.

3. Pay all accounts by cheque. In addition to the Treasurer’s signature, all cheques must be countered by either the President or any other member designated by the President.

4. Prepare a budget on anticipated expenditures for the next playing season and present it to the executive for approval.

5. Present at the annual meeting a written report on the financial operations of the organization for the current season.

6. The books shall be reviewed by someone appointed by District 3.

iii) Secretary

The Secretary shall attend all meetings of the executive and the annual general meeting of the organization to record all facts and minutes of those proceedings in the books kept for that purpose. He shall be custodian of all books, papers, records, correspondence and documentation belonging to the organization and perform those duties as directed by the President.

iv) Ice Convener

The Ice Convener shall attend on behalf of the organization all meetings regarding ice distribution and shall allocate ice on an equitable basis among the teams within the organization and generally deal with all matters pertaining to ice scheduling with team management and league officials, and perform such other duties as directed by the President.

v) Director Responsible for Referees

The director responsible for referees will have the following responsibilities:

1) Working with Referees-in-Chief in the Associations of District 3 to identify and develop referees with the skills and competency to referee AA games.

2) Assisting the District 3 Referee-in-Chief to develop a list of AA referees.

3) Recording, tracking and administering suspensions for Cobras players in consultation with the responsible District 3 official.

4) Acting as a resource for Cobras team officials to help them understand rules and suspensions.

vi) Registrar

The Registrar shall be in charge of registration and carding for the organization, and such other duties as directed by the President.

vii) Director of Risk and Safety

The Director of Risk and Safety shall be responsible for managing risk and promoting a safe and open environment for all members of the Cobras Association. Responsibilities include:

1. Implementing and managing a risk and safety program that conforms with directives from the ODMHA Risk and Safety Committee;

2. Liaising regularly with all trainers on safety matters;

3. Initiate the criminal checks annually following the procedure established for all committee members and team officials;

4. Coordinating all investigations related to abuse and harassment and all risk and safety matters. It is recommended that the Director of Risk and Safety take trainer certification during the course of his/her mandate.

viii) Public Relations Director and Webmaster

The Public Relation director shall be the link between the Eastern Ontario AA Cobras Minor Hockey Association and the local media and perform such duties as directed by the president. The Webmaster shall maintain and update the Association’s website as directed by the President.

ix) Equipment Convener

The Equipment Convener shall be responsible to find quotes for the Cobras Wear, and relate his findings to the executive committee and the respective Cobras teams and perform such duties as directed by the president.

x) Special Events Coordinator

The Special Event Coordinator shall:

1) Plan, organize and oversee the execution of special projects and events;

2) Form and chair subcommittees, as needed, for special projects and events; and

3) Report on special projects and events at each regular meeting of the executive.

xiii) Aside from their regular duties, some directors may also be required to perform other duties, such as acting as an Association Convener. The Association Convener will act as a liaison between the Cobras Association, and the other minor hockey associations in District 3. One director will be appointed to act as a liaison with each association. The president may also assign other duties to directors.

Article XI - Protection of the Executive

No member of the executive of the organization shall be liable for the acts, receipts, neglects or defaults of any other member of the executive for joining in any receipt or act for conformity or for any loss, damage or expense happening to the organization through the insufficiency or deficiency of title to any property acquired by the organization or for the insufficiency of any security in or upon which any of the money of or belonging to the organization shall be placed out or invested or for any loss or damage arising from the bankruptcy, insolvency or tortuous act of any person, firm or corporation with whom or which any monies, securities or effects shall be lodged or deposited or for any other loss, damage or misfortune whatever which may happen in the execution of the duties of his respective office or trust or in relation, thereto, unless the same shall happen by or through his own wrongful and willful act or through his own wrongful and willful neglect or default.

Article XII - Internal Discipline Committee (IDC)

The Internal Discipline Committee shall consist of the Vice President and four directors. The IDC will hear all cases and recommend action to the executive. Where any person has been disciplined or suspended by the organization, such person may appeal to the District 3 Chairman, within forty eight (48) hours, in writing, setting out his point(s) of appeal. The Chairman shall set a hearing date for the appeal to be heard and may temporarily suspend the decision of the executive until a formal hearing has been held. Appeals to District 3 Chairman shall bear a cost of $150.

Article XIII - Coach Selection Committee

The executive shall establish a coach selection committee for each hockey season. The committee so formed shall be chaired by the President or his delegate. This committee shall be responsible for interviewing the applicants, to fill the coaching positions within the organization and submitting its recommendations to the executive. All team officials must be approved by the executive.

Article XIV - Financial Year

The financial year of the organization shall terminate on the 30th day of April of each year.

Article XV - By Laws, Rules and Regulations

a) . Players must be registered and have paid the prescribed fees before playing. Fees are payable in three installments, due on October 1, November 1, and December 1 of the current year. The first installment for major Midget players is due upon registration of the team. The first installment is non-refundable. Players whose fees are not paid by the due date will not be allowed to participate in games, practices or team activities.

b) The registration fees shall be determined by the executive. In exceptional circumstances, such as a severe injury suffered by a player, the Cobras committee may authorize a pro-rated refund to a player to be paid from the Association’s account.

c) Any family with a player who drops out of the Cobras organization before paying their full seasonal fees will be required to pay 100 percent of the seasonal fees for all players in the family in subsequent years before the beginning of the regular season if they want to play for the Cobras. The fees will be non refundable. This provision may be waived in exceptional circumstances if approved by the executive committee.

d) Satisfactory proof of age shall be submitted upon registration. Any player found to be over the age limit permitted in the category in which he is participating, shall be automatically suspended.

e) Any team knowingly using an illegal player shall have its coach suspended until a formal hearing.

f) The organization highly recommends that the dressing room be cleaned after each activity.

g) All players and goaltenders must wear their protective equipment as per Hockey Canada.

h) No player will be allowed on the ice while the Zamboni is there.

i) Any player whose behavior is found detrimental to hockey on or off the ice must be reported to the President by his coach.

j) Any player or team official caught with, or under the influence of a narcotic or while under the influence of alcohol and whose actions are detrimental to this organization and to minor hockey will be suspended and subject to a formal hearing as set up by this committee.

k) The organization expects that any parent who registers his child for a hockey season shall cooperate fully with the organization.

l) Any player registered with the organization who is found guilty of knowingly falsifying anything on the registration form shall be suspended.

m) The try outs of the organization shall start at such a time and place as decided by the executive.

n) All major and game ejection penalties must be reported within twenty four (24) hours, to the respective convener.

o) All fundraising activities must be approved by the executive committee.

p) A player cannot have sponsorship for more then his/her registration fees and a team cannot have sponsorship for more than the total team registration.

q) Teams may not purchase jackets or/and caps for the team other than those approved by the executive.

r) Coaches shall be responsible for ensuring that the rules and regulations are followed by all players and all team officials.

s) Teams in the organization shall not use an affiliated player without the consent of his coach.

t) It shall be the coach’s duty to ensure that every player shall play a regular shift on his team.

u) The executive may increase the suspension of a player, team or team official.

v) The President will determine if a member is in conflict of interest.

w) All expenditures above $300 must be approved by the executive before payment.

x) Unless granted a leave of absence by the President, any member of the executive who absents himself from two (2) consecutive meetings of the executive or committee of which he is a member may have his position declared vacant by the executive.

y) The executive may fill any vacant position until the next Annual General meeting, when the director must face election.

z) The members of the executive shall serve without remuneration unless reasonable expenses incurred by him in the performance of the affairs of the organization.

aa) No coach who has a son playing on the Midget AA teams shall be allowed to coach that team unless under extenuating circumstances and only with the approval of 90% of the committee.

ab) No coach shall be allowed to coach any one particular team for any more than two (2) consecutive years, unless under extenuating circumstances and only with the approval of 90% of the committee.

ac) Coaching staff expenses allocation as follow (per team):

- Atom Level: $2000

- Pee Wee Level: $2500

- Bantam Level: $3000

- Midget Level: $3000

ad) The profile booklet for fundraising purposes shall be a exclusivity at the Midget level only.

ae) All sponsorship money given to the Cobras Association will under no circumstances be reimbursed.

Updated with changes from Cobras AGM

April 28, 2009