| |
By Laws
ONTARIO SWIMMING OFFICIALS ASSOCIATION
BY-LAW NO. 1
PREAMBLE
Mission Statement
Ontario Swimming Officials Association organizes the volunteer participation in the conduct of swim meets in accordance with the rules of swimming and the highest ideals of sport for the benefit of swimmers and volunteers.
WHEREAS OSOA is a member of Swim Ontario, which is a member of SNC which is a member of AFC which is in turn, the Canadian representative swimming body of FINA:
AND WHEREAS OSOA shall at all times govern itself in accordance with the rules of SO, SNC, AFC and FINA:
AND WHEREAS all members shall be governed by and comply with the rules of FINA, AFC, SO and this organization and any member who refuses to comply with the rules of FINA, AFC, SNC, SO or OSOA shall be subject to suspension or termination in accordance with the rules.
AND WHEREAS by the authority vested in it, Ontario Swimming Officials Association is the only authority specifically responsible for:
1. Governing the rules for Swimming in Ontario;
2. Evaluation of all applicants for the rank of Senior (Level IV) and Master officials (Level V);
3. The training and development of all officials;
4. The preparation and dissemination of officials’ educational material;
5. The conduct of officials;
6. The policies and procedures for the conduct of swim meets in the Province of Ontario, including Meet Management. Should there be a conflict between these By-Laws and Regional By-Laws the OSOA By-Laws shall prevail.
“BE IT ENACTED AS A BY-LAW OF ONTARIO SWIMMING OFFICIALS ASSOCIATION”
ARTICLE 1
Interpretation
Section 1.01 Definitions
In this By-Law, unless the context otherwise requires:
(a) “AFC” means the Aquatic Federation of Canada;
(b) “Act” means the Ontario Corporations Act as amended from time to time, and any legislation that may be substituted therefore;
(c) “Annual Meeting” means the Annual General Meeting of the Members;
(d) “Association” means the Ontario Swimming Officials Association;
(e) “Board” means the Board of Directors of Ontario Swimming Officials Association;
(f) “By-Law” or “By-Laws” means this and other bylaws including the preamble and table of contents thereto, as amended from time to time;
(g) “Class I Delegates” means those individuals elected or appointed by the Class I Members to represent the said Class I Members at all Members’ Meetings;
(h) “Committee” means Standing Committees, Ad Hoc Committees and Committees of the Board;
(i) “Director” means Regional Director of Officials and a representative of Masters Swimming Ontario;
(j) “Executive Committee” means
(i) President;
(ii) Vice-President;
(iii) Secretary;
(iv) Treasurer;
(k) “FINA” means the Federation Internationale de Natation Amateur;
(l) “Letters Patent” means the letters patent incorporating Ontario Swimming Officials Association, as from time to time amended by supplementary letters patent;
(m) “Members’ Meetings” means the Annual meeting and Special Members’ Meetings of Ontario Swimming Officials Association;
(n) “Registration” and all references to “registered” means the registration of a Member upon payment of such registration fee as may be determined from time to time by the membership of Ontario Swimming Officials Association, the compliance by such Member with all other registration policies of Ontario Swimming Officials Association, and the inclusion of such Member’s name on the membership rolls at the head office of OSOA;
(o) “SNC” means Swimming/Natation Canada;
(p) “Member” means any registered member of Ontario Swimming Officials Association, including those members and associations, incorporated or unincorporated, as are more particularly described herein;
(q) “Swim Ontario Region” means that geographically defined organization which is a Class I Member, as expressly enumerated herein and defined by Swim Ontario;
(r) “Termination” means the cessation of membership in Ontario Swimming Officials Association in accordance with the provisions herein;
(s) “Officer” means
(i) the President;
(ii) the Vice-President;
(iii) the Secretary;
(iv) the Treasurer;
Section 1.02 Interpretation
By this By-Law and all By-Laws of the Corporation hereafter passed, unless the context otherwise requires, words importing the singular number of the masculine gender shall include the plural number of the feminine gender, as the case may be, and vice versa, and references to persons shall include firms and corporations.
Section 1.03 Language
This By-Law has been drafted in English, and other language text is a translation. In the case of conflicting interpretation, the English text shall prevail.
ARTICLE 2
Head Office
The head office of Ontario Swimming Officials Association shall be in The Greater Toronto Area, in the Province of Ontario, and at such place therein as the Directors may from time to time determine.
ARTICLE 3
Seal
The seal, an impression whereof is stamped in the margin hereof, shall be the corporate seal of the Corporation.
ARTICLE 4
Membership
Section 4.01 General
The membership of Ontario Swimming Officials Association shall consist of:
Class I Mandatory for Level 5, 4, and 3 officials;
Class II Voluntary for all officials of Level 2 and 1;
Class III Honorary – Conferred by Board to recognize long service and significant contribution.
Section 4.02 Termination of Membership
Subject to the Right of Appeal set out in By-Law #2 of the Association, membership shall be terminated if,
(a) a Member withdraws by delivering written notice of such resignation to the Secretary, which resignation shall take effect upon delivery;
(b) a Member fails to pay such registration fees as may be determined from time to time by the Ontario Swimming Officials Association or otherwise fails to comply with all other registration policies of OSOA. A motion to terminate shall require a quorum of seventy-five percent (75%) of the Board. The decision must be unanimous;
(c) a Member is terminated in accordance with the provisions of the By-Law or any policy relating to Suspension.
Section 4.03 Membership Fees
(a) All Class I and Class II members are required to pay the registration fees established;
(b) The amount of registration fees shall be established by a vote from amongst the membership at large conducted by mail-in ballot;
(c) The vote on membership fees shall be by secret ballot and shall be adopted by a two-thirds (2/3) majority of those members who have voted;
(d) The process of the secret ballot will be established in the following manner:
(i) a master list of all levels of members will be established and kept up to date
(ii) notice by mail must be sent out ot all members at least sixty (60) days prior to the deadline for voting;
(iii) all documentation concerning the issue to be voted on must be included with the ballot.
ARTICLE 5
Organization
Section 5.01 General
(a) The Association shall consist of geographic regions which conform to the areas which may from time to time be determined by Swim Ontario and shall consist now as:
(i) Central Region;
(ii) Eastern Region;
(iii) Huronia Region;
(iv) Northeastern Region;
(v) Northwestern Region;
(vi) Western Region;
(b) Each Region shall elect two “Regional Directors of Officials each having the minimum status of Senior Officials (Level IV)”. Such election shall be held in accordance with each Region’s Constitution and By-Laws.
(c) Master Swimming Ontario shall elect one Director in accordance with their Constitution and By-Laws.
(d) (i) Should a Regional Director of Officials terminate his-her membership in the Association during the Term of Office, the Region shall replace the Director by vote or appointment (subject to approval by the Board of Directors).
(ii) Should a Regional Director of Officials be unable to attend a meeting of the Board two Directors for that Region may appoint a person, who is otherwise qualified to be elected to the position, to attend such meeting and vote.
(e) The Regional Directors of Officials and the representative of Masters Swimming Ontario shall constitute the Board of Directors of the Association.
Section 5.02 Terms of Office
(a) Each year a Regional Director will be elected for a term of two years.
Section 5.03 Board of Directors
(a) The Board of Directors shall, from the Regional Directors of Officials, elect by secret ballot the Executive Committee for a term of two years;
(b) The Board of Directors at the call of the President shall meet not fewer than three times a year;
(c) At meetings of the Board, a quorum shall be fifty percent (50%) plus one (1) of the Board Members.
Section 5.04 Annual General Meeting
(a) The Annual General Meeting shall be held at such time and place as voted by the Board of Directors and thereafter called by the President by notice in writing to all members at their registered address;
(b) Notice in writing shall be postmarked at least 30 days prior to the Annual Meeting and shall set out the general nature of matters to be considered at the Annual Meeting;
(c) At the Annual Meeting the membership shall approve the most recent financial statements, address such matters as raised by the members from the floor, and appoint the auditors for the next year;
(d) Motions to amend the Ontario Swimming Officials Association By-Laws or in respect of the adoption or discussion, of any matter relevant to the affairs of OSOA shall be in writing and received by the Secretary with a post mark, courier or facsimile date not less than forty-five (45) days prior to the date of the meeting at which the motion is to be presented. Motions so received shall be circulated to the Members at least thirty (30) days prior to the Annual Meeting. Motions not so received by the Secretary by the stated time prior to the Annual Meeting shall not be placed on the agenda nor entertained by the said Annual Meeting at which they are returnable unless, by a two thirds (2/3) vote of Delegates present at the Annual Meeting, permission is obtained to have such motion or motions placed on the Agenda;
(e) Quorum for the annual Meeting shall be Thirty (30) Class I members which shall include a minimum of two (2) members of each Region in attendance.
ARTICLE 6
Voting
Section 6.01 Annual General Meeting
(a) All members shall have one vote.
(b) No proxy vote will be allowed.
(c) The Board of Directors may call for write-in votes upon 60 days notice in writing of the Question and ballots shall be provided for the vote.
Section 6.02 Board of Directors
(a) All votes shall be in person and unless otherwise provided may be by a show of hands.
ARTICLE 7
Liability of Directors and Officers
Section 7.01 Limitation of Liability
(a) No Director or Officer shall be liable for the acts or omissions of any other Director or Officer or employee of Ontario Swimming Officials Association through the insufficiency of deficiency of title to any property acquired by order of the Board, or in respect of any deficiency of any security in or upon which any monies, of Ontario Swimming Officials Association shall be invested, or for any loss or damage arising from the bankruptcy, insolvency or tortuous act of any person with whom any of the monies, securities or effects of Ontario Swimming Officials Association shall be deposited or for any loss occasioned by any error of judgement or oversight on his part, or for any loss or damage which may occur in the execution of the duties of his office in relation thereto or in respect of any other act or omission of a Director in his capacity as such causing loss, damage or expense, unless the same shall happen through his own wilful neglect or default. Subject to appropriate law governing the Association the Director will be indemnified when required.
ARTICLE 8
Signing Powers
Section 8.01 Execution of Instruments
(a) Contracts, agreements, deeds, leases, mortgages, hypothecs, charges, conveyances, transfers and assignments of property, leases, and discharges for the payment of money or other obligations, conveyances, transfers and assignments of shares, stocks, bonds, debentures, or other securities, agencies, powers of attorney, instruments of proxy, voting certificates, returns, documents, reports, or any other instruments in writing to be executed by Ontario Swimming Officials Association shall be executed by the President and other Officers or Directors. In addition, the Board of Directors may from time to time direct a manner in which the person or persons by whom any particular instrument or class of instruments may or shall be signed.
ARTICLE 9
Repeal and Amendment of By-Laws
Section 9.01 Creation of By-Laws
(a) The Board may from time to time make By-Laws not contrary to the Letters Patent, or may formulate, amend, vary or appeal the same. Such appeals, amendments or variations must be confirmed or approved by a vote of seventy-five percent (75%) of Members at a Members Meeting.
Section 9.02 Repeal and Amendment
(a) No repeal, amendment or variation in respect of this By-Law or any subsequent repeal, amendment or variation of this By-Law shall be enforced or acted upon until it has received the approval of the Minister of Consumer and Commercial Relations.
BY-LAW NO. 2
Code of Ethics and Disciplinary Procedures
Section 1 Ethics
Whereas the members have agreed one with the other and proposed to the Swimming Community that all Officials shall comport themselves in a fair and professional manner the OSOA requires that:
(i) Officials shall conduct themselves in a socially acceptable manner;
(ii) Officials appropriate dress: The “dress code” is whites, dress slacks or skirts;
(iii) Language shall be inoffensive;
(iv) Accept the assignment you have been given at a meet and do your job with a positive attitude in an unobtrusive and inconspicuous manner;
(v) Officials be impartial in judgement, appearance and deportment;
(vi) Do not argue or enter into hostile communication over decisions on the pool deck.
Section 2 Discipline Procedure
(1) Enforcement
In matters that constitute a possible breach of the Code of Ethics, the body of individuals being the Ontario Swimming Officials Association or its elected representatives, shall:
(a) uphold the OSOA Code of Ethics,
(b) designate the NOC Code of Ethics to supersede the OSOA Code of Ethics, if appropriate, in cases where the NOC is taking action, and
(c) have the power to enact enforcement policies and appeal procedures, even if the NOC takes no action or if the NOC action is deemed inappropriate.
(2) Misconduct may be grounds for disciplinary action, either
(a) by termination of membership in the association,
(b) by suspension of membership in the association, or
(c) by reprimand by the association.
(3) The Ethics Committee shall be charged with submitting a report and shall have power of the following disciplinary actions:
(a) to conduct a hearing into charges brought to their attention,
(b) to render an appropriate verdict.
(4) Procedure for complaints or charges shall be:
(a) Complaint: maximum of 30 days after the incident, in writing to the OSOA (copy to Swim Ontario). Note: complaints received by Swim Ontario will be forwarded to the OSOA.
(b) Hearing to be tape recorded by the Ethics Committee within 45 days of receipt of the complaint; witnesses and accused will be heard.
(c) Report by Ethics Committee in writing to the OSOA outlining findings and proposed penalty (within seven days of hearing).
(d) This report will be discussed at the next OSOA meeting:
(i) OSOA may accept, reject, modify penalty;
(ii) OSOA shall entertain an appeal from the accused with regard to the penalty;
(iii) OSOA may reopen the case based on additional facts submitted in writing (taped interviews may be used in transcript form).
Note: The parties, with the agreement of OSOA, can avoid the above hearing procedure by electing arbitration (complainant chooses one representative, accused chooses one representative, and one OSOA member is chosen by the Board).
(5) Ethics Committee
The Board of Directors will appoint a minimum of three (3) members (at least one being a Regional Officials’ Director) to convene and conduct the hearing and report to the Board of Directors.
|
