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BY LAWS OF LA COSTA CANYON POP WARNER FOOTBALL ASSOCIATION, INC. A Not for PROFIT Corporation Adopted by the Board of Directors First Adopted: September 21, 1993 Amended on December 4, 2003 Amended on February 22, 2007 Amended on December 10, 2008 Amended on March 30, 2010

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Page 1: BY LAWS OF LA COSTA CANYON POP WARNER FOOTBALL …media.hometeamsonline.com/photos/football/LCCPW/... · The La Costa Canyon Pop Warner Football Association, Inc. permits football

BY LAWS

OF

LA COSTA CANYON POP WARNER FOOTBALL ASSOCIATION, INC.

A Not for PROFIT Corporation

Adopted by the Board of Directors First Adopted: September 21, 1993

Amended on December 4, 2003

Amended on February 22, 2007

Amended on December 10, 2008

Amended on March 30, 2010

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ARTICLE I

INTRODUCTION

SECTION 1. PRINCIPAL OFFICE. The principal office for the transaction of business of the

corporation is fixed and located at 2240 Encinitas Boulevard, Suite D, PMB 408, Encinitas, San

Diego County, California. The Board of Directors may at any time or from time to time change the

location of the principal office from one location to another in San Diego County. The term

“Association” where used shall mean the La Costa Canyon Pop Warner Football Association, Inc.

SECTION 2. PURPOSE. The corporation is organized under the laws of the State of California as

a not for profit organization for the purpose of assisting the youth of the La Costa Canyon (“LCC”)

High School area of San Diego County, California, to inspire youth, regardless of race, creed or

national origin, in forming ideals of sportsmanship, honesty, loyalty and courage, and in molding

future men and women. The Association seeks to develop athletic skills and coordination through

competitive football and cheer programs, and to stress the importance of scholastic achievement

and sportsmanship. Participating youth who do not maintain acceptable school grades may be

suspended from Association activities

SECTION 3. GOVERNING RULES. Unless specified in the Association’s By-Laws, member

conduct will be governed under the most current By-Laws and Administrative Rules of the

National Pop Warner Little Scholars Program and the Palomar Conference. Robert’s Rules of

Order, Newly Revised (RONR) shall govern the proceedings of all meetings, except where they

conflict with the By-Laws of the Association.

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ARTICLE II

MEMBERS

SECTION 1. ONE CLASS OF MEMBERS. The La Costa Canyon Pop Warner Football

Association, Inc. shall have only one class of members known as “general members.”

SECTION 2. QUALIFICATION OF MEMBERS. Any person who is the parent or legal

guardian of a boy or girl who meets the standards of the current Rules and Regulations

promulgated by Pop Warner Little Scholars, Inc., to register as a player or desires to register as a

cheerleader, is eligible for membership. Registration of such a boy or girl, meeting the registration

fee requirements where applicable as set by the Board of Directors shall be the only acts necessary

to attain membership.

SECTION 3. VOTING RIGHTS. Voting rights are based on the number of players/cheerleaders

from a household registered with the association, not the number of members within a household.

In matters submitted to a vote of the members, one vote may be cast by the household for each

player/cheerleader registered with the association from that household. In households with

multiple members, the members are responsible for determining which member cast the vote(s).

The Association President is responsible for ensuring compliance with this section.

SECTION 4. ASSOCIATION BOUNDARIES. The Association serves the communities of

Cardiff, Encinitas, La Costa, Leucadia, Olivenhain, and north Rancho Santa Fe. The physical

boundary follows the La Costa Canyon High School attendance boundaries, defined by the San

Dieguito Union High School District as an area that, "...shall include the boundaries of the

Encinitas and Cardiff school districts and the area north of Escondido Creek in Rancho Santa

Fe district." (Source: SDUHSD Website) Participants with a residence in this area or attending a

school in this area are considered in-boundary participants.

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SECTION 5. TERMINATION OF MEMBERSHIP. The Board of Directors, by affirmative vote

of two-thirds of all the members of the Board, may, after an open and formal hearing, terminate the

membership of any member for any act of misconduct deemed by the Board of Directors to be

detrimental to the best interest or purpose of the La Costa Canyon Pop Warner Football

Association, Inc.

ARTICLE III

MEETING OF THE MEMBERS

SECTION 1. ANNUAL MEETING. An annual meeting of the members shall be held during the

month of December of each year at the time and place determined by the Board of Directors, for

the purpose of electing directors and for the transaction of such other business as may come before

the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of

California, such meeting shall be held the next succeeding business day. If the election of directors

be not be held on the day designated here in an annual meeting, or any adjournment thereof, the

Board of Directors shall cause the election to be held at a special meeting of the member’s as soon

there after as conveniently may be.

SECTION 2. SPECIAL MEETINGS. Special meetings of the members may be called by the

President, the Board of Directors, or not less than one quarter of the members having voting rights.

SECTION 3. PLACE OF MEETING. The Board of Directors may designate any place within

the County of San Diego as the place for an annual meeting or for any special meeting called by

the Board of Directors. If no designation is made for the meeting, or for a special meeting

otherwise called, the place of the meeting shall be the registered office of the corporation in the

State of California, but if all the members all meet at any time and place, either within or without

the State of California, and consent to the holding of the meeting, such meeting shall be valid

without call or notice, and at such meeting any corporate action may be taken.

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SECTION 4. NOTICE OF MEETING. Written or printed notice stating the place, day and hour

of any meeting of the members shall be delivered either by mail, e-mail, or by public letter placed

on the LCCPW website to each member entitled to vote at such meeting, not less than ten or more

than fifty days before the date of such meeting, by or at the direction of the President, or the

Secretary, or the officers or persons calling the meeting. In case of a special meeting, or when

required by statute, or by these bylaws, the purpose or purposes for which the meeting is called

shall be stated in the notice. If mailed, through the United States Postal Service and/or via

electronic mail i.e., e-mail, the notice of the meeting shall be deemed to be delivered when either

deposited in the United States mail, and/or sent via the internet, addressed to the member at his/her

address as it appears on the records of the corporation. In the event notice is posted on the

LCCPW website, notice is deemed given on the day the letter was posted on the website.

SECTION 5. INFORMAL ACTION BY MEMBERS. Any action required by law to be taken at

a meeting of the members, or any action which may be taken at a meeting of the members, may be

taken without a meeting if consent in writing, setting forth the action so taken, shall be signed by

all members entitled to vote with respect to the subject matter thereof.

SECTION 6. QUORUM. The members holding ten percent (10%) of the votes which may be cast

at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting

of the members, a majority of the members present may adjourn the meeting from time to time

without further notice.

SECTION 7. PROXIES. At any meeting of members, a member entitled to vote may vote by

proxy executed in writing by the member or their duly authorized attorney-in-fact. No proxy shall

be valid after eleven (11) months from the date of its execution, unless otherwise provided in the

proxy.

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ARTICLE IV

BOARD OF DIRECTORS

SECTION 1. GENERAL POWERS. The affairs of the corporation shall be managed by its Board

of Directors. Directors need not be members as set forth in Article II, Section 2; but must be a

resident of the County of San Diego, State of California.

SECTION 2. NUMBER, TENURE, AND QUALIFICATIONS. The minimum number of

directors shall be thirteen (13). The maximum number of directors shall be twenty (20). Any

director, failing to attend three (3) consecutive meetings will forfeit their position on the Board of

Directors, subject to a majority vote of the Board of Directors. From time to time a member of the

Board of Directors may hold two (2) positions as long as the minimum number of thirteen (13) is

satisfied.

SECTION 3. REGULAR MEETINGS. The Board shall meet a minimum of ten (10) times each

calendar year. The time, date and place to be fixed at the first meeting of the year. Notice of each

regularly scheduled meeting shall be given by the secretary as instructed by the President, not less

than three (3) days prior to the set date.

SECTION 4. SPECIAL MEETINGS. Special Meetings of the Board of Directors may be called

by the President or any two (2) Directors. The person or persons authorized to call a special

meeting of he Board of Directors may fix a place within the County of San Diego as the place for

holding any special meeting of the Board of Directors so called by them.

SECTION 5. NOTICE. Notice of any special meeting of the Board of Directors shall be given at

least three (3) days prior to such meeting to all members of the Board of Directors. Notice may be

given by:; (i) U.S. mail; (ii) e-mail; and/or (iii) website posting on the front page of the website in a

conspicuous manner.

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SECTION 6. QUORUM. A majority of the Board of Directors shall constitute a quorum for the

transaction of business at any meeting of the Board. In the event, less than a majority of the Board

of Directors are present, then the meeting may be adjourned from time to time, without the

necessity of further notice.

SECTION 7. MANNER OF ACTING. The act of a majority of the Directors shall be the act of

the Board of Directors. Where a minimum quorum is present, the act must be unanimous.

SECTION 8. VACANCIES. Any vacancy occurring on the Board of Directors, and any

Directorship to be filled by reason of an increase in the number of Directors, shall be filled by the

Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of

their predecessor in office.

SECTION 9. COMPENSATION. Directors, as such, shall not receive any stated salaries for their

services.

SECTION 10. ETHICS. The Board of Directors shall scrupulously avoid any conflict of interest,

either real or perceived in their oversight of the La Costa Canyon Pop Warner Football Association,

Inc. Any Board member having a direct or indirect financial interest in any matter before the Board

must disclose such conflict and shall refrain from the discussion nor shall they vote on the matter.

The La Costa Canyon Pop Warner Football Association, Inc. permits football and cheer coaches to

serve on the Board of Directors. Again, when a matter before the Board conflicts with their duties

or interests as a coach, the Board member shall refrain from the discussion and shall not vote on

the matter.

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ARTICLE V

OFFICERS

SECTION 1. OFFICERS. The officers of the La Costa Canyon Pop Warner Football Association,

Inc. shall be: (1) President; (2) Vice President; (3) Vice President-Cheer; (4) Secretary; and (5)

Treasurer and up to 3 board members appointed by the President shall constitute the Executive

Board. Other members of the board include (6) Player Agent; (7) Equipment Manager; (8)

Fundraising Manager; (9) Publicity/Game Coordinator; (10) Coaches Agent; (11) Cheer Uniform

Manager; (12) Little Scholar Manager; and (13) Field Manager; (14) Events Manager; (15)

Webmaster; and (16) Directors At-Large shall constitute the Board of Directors. The Board of

Directors may elect or appoint such other officers as it shall deem desirable, i.e. team liaison and

any assistant positions. Such officers to have the authority and perform the duties prescribed, from

time to time, by the Board of Directors. Any two offices may be held by the same person when

expedient, except the offices of the President and the Secretary.

SECTION 2. ELECTION AND TERM OF OFFICE. The officers of the corporation shall be

nominated by the Board of Directors. Additional nominations will then be taken from the general

membership. The Board of Directors will be elected annually by the general membership at the

regular annual meeting of the general membership by secret ballot and by proxy voting prior to the

meeting. Each officer shall hold office until their successor shall have been duly elected and

qualified. The exceptions are the offices of Past President, President and Vice President. Upon

election, the Vice President will automatically become President the following year, then Past

President the year following. This is to ensure adequate training and support for the President, as

well as a set succession path. In addition, the Past President will be treated as a Director At Large

for the purposes of voting.

SECTION 3. REMOVAL. Any officer elected or appointed by the Board of Directors may be

removed by the Board of Directors, after an open hearing, whenever in the Board’s judgment that

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this action is in the best interest of the La Costa Canyon Pop Warner Football Association, Inc.

Removal of a member of the Board of Directors must be documented in the form of a formal

complaint and evidence of a hearing on the matter where the board member subject to dismissal

was given an opportunity to defend himself/herself either in writing or orally.

SECTION 4. VACANCIES. A vacancy in any office because of death, resignation, removal,

disqualification, or otherwise, may be filled by the Board of Directors for the unexpired portion of

the term.

SECTION 5. PRESIDENT. The President shall be the principal executive officer of the

corporation and shall in general supervise and control all of the business and affairs of the

corporation. The President shall preside at all meetings of the members and the Board of Directors.

The President may sign, with the Secretary or any other proper officer of the corporation

authorized by the Board of Directors, any deeds, mortgage, bonds, contracts, or other instruments

which the Board of Directors have authorized to be executed, except in cases where the signing and

execution thereof shall be expressly delegated by the Board of Directors or by these bylaws or by

statue to some other officer or agent of the corporation; and in general he/she shall perform all

duties incident to the office of President and such other duties as may be prescribed by the Board of

Directors from time to time. The President shall lead a panel to hear all formal disputes and

preside over any hearings regarding any and all disputes, unless the President delegates his

presiding duty to the Vice President. Attend conference meetings and represent the association in

all matters.

SECTION 6. VICE PRESIDENT. In the absence of the President or in event of the President’s

inability or refusal to act, the Vice President, shall perform the duties of the President, and when so

acting, shall have all the powers of and be subject to all the restriction upon the President. The Vice

President shall perform such other duties as from time to time may be assigned to him/her by the

President or by the Board of Directors. Attend some Palomar Conference presidents' meetings,

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when the president is unable to attend. Improve registration documents, procedures, and process --

rewrite, create documents as needed; improve other LCCPW documents as needed. Volunteer to

help with registration, equipment, family night, and game day. Manage formal complaint and

hearing procedures at the LCCPW and Palomar Conference levels. Discuss player placement with

families when player qualifies for multiple divisions with the objective of moving player to the

division where they are most suited. Assist the President with issue resolution. Preside over

formal disputes when the President is unable to attend a hearing or recuses himself/herself from a

hearing

SECTION 7. TREASURER. If required by the Board of Directors, the Treasurer shall give bond

for the faithful discharge of duties in such sum and with such surety or sureties as the Board of

Directors shall determine. He/she shall have charge and custody of and be responsible for all funds

and securities of the corporation; receive and give receipts for money due and payable to the

corporation from any source whatsoever, and deposit all such moneys in the name of the

corporation in such banks, trust companies or other depositories as shall be selected in accordance

with the provision of Article VII of these bylaws; and in general perform all duties incident to the

office of Treasurer and such other duties as from time to time may be assigned to him/her by the

President or by the Board of Directors.

SECTION 8. SECRETARY. The Secretary shall keep the minutes of the meetings of the members

and the Board of Directors in one or more books provided for that purpose; see that all notices are

duly given in accordance with the provisions of these bylaws or as required by laws; be custodian

of the corporation records and of the seal of the corporation and see that the seal of the corporation

is affixed to all documents, the execution of which on behalf of the corporation under its seal is

duly authorized in accordance with the provisions of these bylaws; keep a register of the post office

address of each member which shall be furnished to the Secretary by such member; and in general

perform all duties incident to the office of Secretary and such other duties as from time to time may

be assigned to the Secretary by the President or by the Board of Directors.

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SECTION 9. PLAYER AGENT. The Player Agent coordinates the registration of players;

administers the new player-recruits according to the Palomar Conference Bylaws and the La Costa

Canyon terms to the available teams; and oversees the business managers of each team as to the

rules of National Pop Warner Minimum Play Rules (MPR). The Players Agent shall chair the

players committee and come up with policy recommendations for team size and player placement

consistent with league policy. The Player Agent must know Microsoft Excel or a database

management software, Microsoft Word or a similar word processing software, and have access to

email. The Player Agent position is administrative. One has to be organized, detail oriented,

computer literate and easily accessible. Also, access to a copier and printer is necessary.

SECTION 10. EQUIPMENT MANAGER. The equipment manager shall assume custody of the

La Costa Canyon Pop Warner Football Association’s player equipment; assure that each player is

issued a full complement of adequate protective equipment as authorized by the Board of

Directors; maintain an inventory of the equipment available and a record of issuance to and receipt

from players; establish a program designed to maintain current equipment in optimum condition;

make recommendations to the Board of Directors regarding: (a) equipment needs; (b) purchase of

various quality items available as presented by the various vendors in the area; be responsible for

providing required accessories for home games.

SECTION 11. VICE PRESIDENT-CHEER. The Vice President-Cheer shall supervise all

business and affairs related to the Cheer/Dance program of the Association and any other duties as

expressed in these By-Laws. The Vice President-Cheer shall:

• Provide the primary communication link between cheerleaders, parents, cheer coaches/

personnel and the Board of Directors

• Identify and present to the Board of Directors qualified candidates for head coaches,

assistant coaches and other personnel assigned to each cheer squad; to inform such persons

of the training/certification requirements and of the Rules and Regulations of the National

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Pop Warner, WESCON Region, as well as the Rules and Regulations unique to Palomar

Conference and La Costa Canyon Pop Warner

• Coordinate and oversee the registration and placement of cheerleaders with respect to the

age requirements and to the various football teams formed.

• Inform coaching staffs, cheerleaders and parents of the options for post season/year-round

activities and competitions

• Supervise the duties of the Cheer Uniform Manager

• Attend required Palomar Conference meetings

SECTION 12. COMMUNICATIONS MANAGER

The Board Director in charge of all outreach communications for the association is the

Communications Manager. The Communications Manager is responsible for outreach

communications to members and the general public. This includes but is not limited to marketing

such as advertising and public relations; electronic outreach such as email and website

communication; printed outreach such as flyers, brochures, programs and other printed materials;

and maintaining the integrity of the association’s graphic identity, such as logo design, association

colors, and naming. The Communications Manager works cooperatively with all members in these

capacities, and can delegate work to other board members, volunteers or outside specialists as

needs and budget allow. The Communications Manager should always seek out project approval

from the Board President, or where appropriate, the entire board. At the recommendation of the

Communications Manager, board member positions can be added, by majority vote of the board, to

focus on specific functions, such as website management. Other board members executing

communication outreach functions should seek the input and, where appropriate, approval from the

Communications Manager. The position roughly corresponds to the head of corporate

communications functions at a small corporation. Communications duties during the year generally

include: publicizing and advertising sign-up dates, time and place with flyers, posters, banners,

email, website and other outreach tools; develop programs and other materials for events held

during the year; arrange individual and team photographs, as well as action photography for

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programs and outreach; during the season facilitate the results from games for the website and local

media; develop accurate and newsworthy media releases, contacting the proper person on or before

the established deadline of local newspapers. Knowledge of Microsoft Office Programs required.

Knowledge of graphics programs such as Adobe Illustrator & Photoshop; and website management

tools helpful.

SECTION 13. COACHES AGENT. The Coaches Agent shall identify and present to the Board,

qualified, capable, responsible, enthusiastic candidates for coach and assistant coaches for each of

the teams to be fielded; inform the coaching staffs regarding the Rules and Regulations of Pop

Warner Football, La Costa Canyon Pop Warner Association policies, as well as Rules and

Regulations unique to the Palomar Pop Warner Football Conference; provide the primary

communication link between the Board of Directors and the coaching staffs; coordinate

communications among coaching staff of the La Costa Canyon Pop Warner Football Association

and between the La Costa Canyon Pop Warner Football Association coaching staffs and the player

agent or team representatives or other associations. The Coaches agent will chair the coaching

committee that will comprise of two coaches appointed by the coaches agent and at least two board

members. There is no limit on the size of this committee, but other than the two coaches, it must

be comprised of directors of the corporation.

SECTION 14. CHEER UNIFORM MANAGER. The Cheer Uniform Manager shall be

responsible, together with the Cheer Coordinator, to select, negotiate the purchase price of, and

order cheer uniforms, including but not limited to: (i) vests; (ii) skirts; (iii) pom-poms; (iv) shoes;

(v) socks; (vi) bags; (vii) jackets; and (viii) camp T-shirts, on an annual basis. He/she shall be

responsible for the fitting of the cheerleaders as well as the maintenance of these cheer uniform

items. When requested, the Cheer Uniform Manager may attend Palomar Conference Meetings on

behalf of the Cheer Coordinator.

SECTION 15. LITTLE SCHOLAR MANAGER. The Little Scholar Manager shall be

12

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responsible for obtaining the grades, and/or academic equivalent, for each child enrolled within our

program. He/she shall evaluate the child for their academic suitability to play/cheer within the

association, and insure proper standards are maintained. Furthermore, he/she shall utilize his/her

best efforts to insure our scholastically eligible children are recognized and provided special

awards for their academic achievements within: our La Costa Canyon Association; Palomar

Conference; and National Pop Warner.

SECTION 16. FIELD MANAGER. The Field Manager shall be responsible for securing playing

and practice fields for football, as well as appropriate practice space and facilities for cheer. He/she

shall locate and negotiate prices for the use of these fields and facilities. Once secured, it shall be

his/her responsibility to assign the various fields and facilities to the respective teams and squads.

Practice Fields

Apply for field use permits, and administrate field operating budgets. Develop and maintain

associated community relationships for field permits and practice times for Football and Cheer.

Assign team practice locations and maintain open communications between Coaches and Field

Administrators with field issues, closings and community schedules. As of December 31, 2006, the

following fields are available.

1) EUSD - Paul Ecke School and Mission Estancia School

2) City Of Encinitas - Cardiff Sports Park, George Burnish Park, Ada Harris

3) Diegueno Middle School - DMS

4) San Dieguto Academy – SDA

5) Oakcrest Middle School

6) LCC

Game Fields

Coordinate Game weekends with Game Fields and Facilities:

1) LCC - Stadium and open field for flag games

2) Oakcrest – Upper field

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3) SDA – Stadium Main Field

a. Lower baseball - warm-up baseball fields

b. Upper Softball – Flag games and warm-up

Game Weekends

Game weekends arrange for:

Field painting and maintenance- Oakcrest and SDA only

Pre game field and equipment setup

Scales for team way-ins

Press box and PA set up

Game Clock and Staff to run game clock

Custodial Services

Post game clean up

Field and Game equipment

Community Sports Council:

Attend monthly sports council meetings with EUSD, City and other Schools on sports fields and

the related community sports schedules to maintain LCCPW presence for future and historical use.

SECTION 17. OTHER OFFICERS (DIRECTORS AT LARGE) . In the event that the Board of

Directors elects or appoints other officers, they shall perform such duties as shall be assigned to

them by the President or the Board of Directors. The number of Directors at Large may not exceed

five individuals and may never cause the board of director membership to exceed twenty-four

(230) members, except by unanimous consent of the current Board of Directors.

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ARTICLE VI

COMMITTEES

SECTION 1. COMMITTEES OF DIRECTORS. The Board of Directors, by resolution adopted

by a majority of the Directors in office may designate one or more Committees of Directors, each

of which shall consist of three (3) or more Directors, which committees, to the extent provided in

said resolution, shall have and exercise the authority of the Board of Directors in the management

of the La Costa Canyon Pop Warner Football Association, Inc.; but the designation of such

committees and the delegation thereto of authority shall not operate to relieve the Board of

Directors, or any individual Directors, of any responsibility imposed upon them by law. Unless

specifically delegated as defined herein, each Committee shall provide recommendations for board

action to the Board at a Board Meeting. The Board is required to vote on the recommendations

prior to any formal board action being taken. Each Committee is required to provide minutes from

their meetings for which recommendations or board action is taken and provide the minutes to the

Secretary for inclusion on the official minutes kept for the LCCPW Board.

SECTION 2. OTHER COMMITTEES. Other committees not having and exercising the

authority of the Board of Directors in the management of the La Costa Canyon Pop Warner

Football Association, Inc., may be designated by resolution adopted by majority vote of the Board

of Directors present at a meeting at which a quorum is present. Except as otherwise provided in

such a resolution, members of each such committee shall be members of the La Costa Canyon Pop

Warner Football Association, Inc., and the President shall appoint the members thereof. Any

member thereof may be removed by the person or persons authorized to appoint such member

whenever in their judgment the best interest of the La Costa Canyon Pop Warner Association, Inc.

shall be served by such removal.

SECTION 3. TERM OF OFFICE. Each member of a committee shall continue as such until the

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next annual meeting of the members of the La Costa Canyon Pop Warner Football Association, Inc.

and until their successor is appointed, unless the committee shall be sooner terminated, or unless

such member be removed from such committee, or unless such member shall cease to qualify as a

member thereof.

SECTION 4. CHAIRPERSON. One member of each committee shall be appointed as

Chairperson by the person or persons authorized to appoint the members thereof.

SECTION 5. VACANCIES. Vacancies in the membership of any committee may be filled by

appointments made by the Chairperson of the Committee. However, if a Board member requests

to be on a Committee and the Committee Chairperson does not allow it, the subject board member

has the right to make his/her Committee membership voted on by the Board in a Board meeting.

SECTION 6. QUORUM. Unless otherwise provided in the resolution of the Board of Directors

designating a committee, a majority of the members present at a meeting at which a quorum is

present shall be the act of the committee.

SECTION 7. RULES. Each committee may adopt rules of its own government not inconsistent

with these bylaws or with rules adopted by the Board of Directors. All Committee meetings must

be documented and any action or recommendation must be documented in writing and placed in

the minutes of the Board. Any action that is not properly documented and incorporated into the

Board Minutes shall be deemed to be ineffective. The Board, may, after an open and appropriate

hearing, terminate the membership of any member for any act of misconduct deemed by the Board

of Directors to be detrimental to the best interest or purpose of the La Costa Canyon Pop Warner

Football Association, Inc.

ARTICLE VII

CONTRACTS, CHECKS, DEPOSITS, AND FUNDS

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SECTION 1. CONTRACTS. The Board of Directors may authorize any officer or officers, agent

or agents of the La Costa Canyon Pop Warner Football Association, Inc., in addition to the officers

so authorized by these bylaws, to enter into any contract or execute and deliver any instrument in

the name of and on behalf of the Association, and such authority may be general or confined to

specific instances.

SECTION 2. CHECKS, DRAFTS, ETC. All checks, drafts, or orders for payment of money,

notes, or other evidences of indebtedness, which exceed Two Hundred and Fifty Dollars ($250.00),

issued in the name of the La Costa Canyon Pop Warner Football Association, Inc., shall be signed

by two officers, or agents of corporation and in such manner as shall from time to time be

determined by the Board of Directors. All other checks, drafts, or orders for payment of money,

notes, or other evidences of indebtedness, issued in the name of La Costa Canyon Pop Warner

Football Association, Inc., may be signed by a single authorized officer or agent. Such instructions

shall be signed by the Treasurer or Secretary and countersigned by the President or Vice President

of the Association.

SECTION 3. DEPOSITS. All funds of the La Costa Canyon Pop Warner Football Association,

Inc. shall be deposited from time to time to the credit of the corporation in such banks, trust

companies, or other depositories as the Board of Directors may select.

SECTION 4. GIFTS. The Board of Directors may accept on behalf of the La Costa Canyon Pop

Warner Football Association, Inc. any contribution, gift, bequest, or devise for the general purposes

or for any special purpose of the corporation.

ARTICLE VIII

BOOKS AND RECORDS

The La Costa Canyon Pop Warner Football Association, Inc. shall keep correct and complete books

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and records of account and shall also keep minutes of the proceedings of its members, Board of

Directors, and committees having any authority of the Board of Directors, and shall keep at the

registered or principal office a record giving the names and addresses of the members entitled to

vote. All books and records of the La Costa Canyon Pop Warner Association, Inc. may be inspected

by any member, or their agent or attorney for any proper purpose at any reasonable time.

ARTICLE IX

FISCAL YEAR

The fiscal year of the La Costa Canyon Pop Warner Football Association, Inc. shall begin on the

first day of January and end the last day of December in each year.

ARTICLE X

DUES

There shall be no dues to become a member of the La Costa Canyon Pop Warner Football

Association, Inc. except the registration fee for a player or cheerleader.

ARTICLE XI

CORPORATE SEAL

The La Costa Canyon Pop Warner Football Association, Inc. seal shall be circular in Form, and

shall have inscribed therein the name of the corporation, the date of its incorporation, and the word

“California.”

ARTICLE XII

WAIVER OF NOTICE

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Whenever any notice is required to be given under provisions of the articles of incorporation or by

the bylaws of the La Costa Canyon Pop Warner Football Association, Inc., a waiver thereof in

writing signed by the person or persons entitled to such notice, whether before or after the time

stated therein, shall be deemed equivalent to giving of such notice.

ARTICLE XIII

MEMBER DISPUTES

Section 1. VIOLATIONS, PENALTIES, DUE PROCESS/HEARINGS & APPEALS.

A. JUVENILE OFFENSES

1. Penalties for the following situations shall be immediate ejection from the game, suspension

from the team for the next week and game for the first offense, and immediate ejection from the

game and suspension from the team for the balance of the

season for the second offense.

a) Fighting or hitting, kicking, striking, or otherwise abusing opponents during the course of a

game.

b) Verbal or physical intimidation of opponents outside normal talk across the line (of a non-

profane nature).

c) Any act of disrespect for team, Association or Conference authority, game officials, or fans.

d) When a player is ejected from a game, the Association President shall notify the PALOMAR

Deputy Commissioner in Charge, by phone, of the player’s name and jersey number, by noon on

Sunday. Ejection from a game for any reason will result in the player’s suspension from the team

for the following one (1) week and one (1) game. There shall be no appeal of an official’s ejection.

e) Performing, exhibiting, or condoning any other act or behavior, that in the opinion of

PALOMAR, reflects in such a manner that is detrimental to the name and/or reputation of the

Association, The Conference (PALOMAR ), or the National organization.

B. TEAM/ASSOCIATION/ADULT OFFENSES

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1. Fighting/Riot/Incitement to Riot: At games or scrimmages between different teams, any fight or

riot between team members (as opposed to one-on-one altercations) shall be judged a team offense

rather than an individual offense. An incitement to riot (which is defined as any team heckling or

egging on of an opponent, in a manner, that may result in a fight or riot) shall result in forfeiture of

the game upon the first offense and forfeiture of the season upon the second offense within the

same season.

2. If any fights occur between teams, BOTH teams will be disqualified from participating in Play-

offs, post-season invitational games and traveling. The game will be considered a double forfeit.

Any subsequent fight involving either team will result in the immediate dissolution of that team.

Team, for the purpose of this rule includes the players and cheerleaders, and the coaches, relatives,

friends and spectators. Fight, for the purpose of this rule, does not include a single blow or punch

by one individual, but does include any exchange of blows, punches, kicks, etc. by two or more

individuals.

3. Performing, exhibiting, or condoning any other act or behavior, that in the opinion of a simple

majority vote of the LCCPW Board of Directors, reflects in such a manner that endangers a child

or is detrimental to the name and/or reputation of the Association, The Conference (PALOMAR),

or the National organization may result in forfeiture of the game, forfeiture of the season, and/or

dissolution of the team depending on the nature and severity of the violation.

C. HEAD COACH VIOLATIONS

1. The first offense for any rule violation, unless otherwise specified, shall be suspension of the

Head Coach for the next scheduled game and for the one (1) week of practice preceding the game.

Any coach who is suspended shall be barred from attending any practice or game involving his

team during the term of the suspension.

2. The second violation of the same rule shall result in the suspension of the Head Coach for a

period of one (1) year, commencing on the date of the suspension, and depending upon the nature

of the violation, the game may be forfeited.

3. Such suspension rules also apply to all Staff and Assistant Coaches.

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4. If the Head Coach deliberately and flagrantly violates these rules, the Head Coach shall be

suspended, if an LCCPW investigation so warrants. However, nothing shall preclude the LCCPW

President, or a Commissioner with personal knowledge of the incident, to issue a summary

suspension pending the outcome of the investigation.

D. PENALTIES

1. Many of the rules defined within this manual also include clearly stated penalties for their

violation within the stated rule. Some do not. It is important to note those rules that do include said

penalties.

2. The Head Football Coach of the team is the ultimate responsible party for the actions of his/her

staff, team, individual players, and spectators. In many instances, because of the nature of this

responsibility, rule violations, though not accredited to the direct action of the Head Coach, will

result in his/her suspension.

3. Suspensions – Under the PALOMAR recognized definition of suspension – Unless specifically

stated otherwise in the terms of suspension, suspended members (Coach, participant, staff, Board

Member, parent, guardian, etc.) shall be barred from attending any practice, game, or team

function, or Association function, during the term of the suspension. Violation of these terms of

Suspension will result in a continued one (1) year suspension and depending upon the severity of

the violation, may be cause for the cancellation of membership.

4. Hearings and appeals shall be conducted in accordance with the Pop Warner Administrative

Manual, and the section entitled

“Hearings and Appeals” in this manual (below).

5. Due to situations that may arise within the scope of the administration of these Rules and

Regulations, National Rules and Regulations, and any other rules and regulations and/or standard

of behavior recognized by LCCPW or PALOMAR, it may become necessary for this organization

to levy administrative penalties at the discretion of the majority of the Board of Directors. These

penalties may include censures, probation, suspensions, fines, etc. depending upon the nature and

seriousness of the violations/behaviors.

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E. HEARINGS AND APPEALS

1. Any individual, Football Coach, Spirit Coach, Parent, etc. that is summarily suspended shall

have the right to a hearing within seven (7) days of the summary action in the name of “due

process” and the right to a speedy hearing in addition to the mitigation of affects on individuals,

teams, or the program as a whole.

2. The individual named in the summary action has the right to waive their right to a speedy

hearing, if it is necessary to gather evidence in his/her defense. However, summary actions (i.e.

suspensions) will stand until the hearing is held.

3. LCCPW shall convene the Executive Committee to hear the appeal. The President shall act as

the Chairman of the Investigation Committee, and act as an advisor to the members thereof.

However, said President shall vote only in the case of a tie. If any members of the Executive

Committee have a conflict of interest in the appeal’s outcome, the President shall appoint other

board members to replace the conflicted executive board members. If the President has a conflict

of interest, the next-highest ranking officer will assume control of the committee for purposes of

the appeal and appont a replacement.

4. All complaints and protests shall be directed to the LCCPW Board, in writing, provided that all

other mediation remedies have been exhausted. The complainant shall notify LCCPW of a pending

complaint within twenty-four (24) hours of the incident. The complaint shall be delivered to

LCCPW within forty-eight (48) hours of the incident. At that time, LCCPW shall turn the

complaint over to the President for investigation. It shall be the responsibility of the protester to

provide the President with the appropriate

information to dispatch the protest/complaint in sufficient time to comply with this rule.

5. A $100.00 protest fee shall accompany any and all complaints or protests, which is refundable if

the complaint or protest is upheld. If the complaint or protest is found unjust the $100.00 fee shall

be deposited in the LCCPW Scholarship fund.

6. Upon ruling of the Committee, the President shall complete a Presidential Investigation Hearing/

Appeal Report. Said Report shall be made part of the minutes of the next regularly scheduled

LCCPW meeting. Additionally, a copy of said Report shall be mailed to the defendant and/or

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plaintiff of the complaint.

9. By PALOMAR rule, LCCPW has the right and authority to enforce any and all rules within its

own organization under the rules and guidelines established by its own By-laws, written Policies

and Procedures, and manuals. LCCPW has the authority to impose any penalty it deems necessary,

after the violator has been afforded due process of the rules. Whenever an Association finds that a

member is in violation of any of the rules and imposes a penalty or takes action to enforce the

rules. PALOMAR and its member Associations will automatically uphold and be bound by that

Association’s actions. Any Association member who has been or is being disciplined by an

Association has the right to appeal such disciplinary action to PALOMAR.

• All appealing Association members shall direct their first appeal back to that member’s

Association.

• Once an Association member has appealed to his own Association, they may appeal to

PALOMAR. The appealing member shall notify PALOMAR, within twenty-four (24) hours, of a

pending appeal, once their Association has taken action.

• The appealing member shall deliver to PALOMAR, within forty-eight (48) hours, a written

request for an appeal hearing. The written request shall contain an outline of the appealing person’s

defense of the appeal. PALOMAR shall then turn the appeal over to the Chairman of the

Investigation Committee for processing.

The Investigation Committee will then follow the procedure defined in this section.

If the Investigation Committee finds that the Association has followed the proper rules and

guidelines for due process then the matter will be upheld.

• It is not the intent of PALOMAR to render judgment or to interfere in each Association’s right to

police and enforce its own rules and regulations. The intent of this section in the rules is to afford

the membership the right of appeal to any Association disciplinary action. And to ensure the

member’s rights under Association Rules, PALOMAR Rules and National Rules have been upheld.

10. All Associations, within PALOMAR and PALOMAR itself, shall honor disciplinary actions of

any other Association against players, adults, and coaches, once all appeals are final or have been

effectively waived.

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11. Failure of any Association to render judgment and/or disciplinary action in a timely manner

may result in PALOMAR taking appropriate action.

ARTICLE XIV

AMENDMENTS TO BYLAWS

These bylaws may be altered, amended or repealed and new bylaws may be adopted by a two-

thirds of the Directors at any regular meeting or at any special meeting, if at least ten (10) days

written notice is given of intention to alter, amend, or repeal or to adopt new bylaws at such

meeting.