!!!Hot New APBA ByLaws!!!
14-H
should have the right to vote for directors of your Association (as
New York law provides), I've prepared a set of proposed By Laws for
the APBA which un-does the Sea-Tac Meeting, restores the member's
right to vote for the Board of Directors, incorporates most aspects of
Plan 2000 (as modified by the Gurnee, IL meeting of the Performance
Committee) and even preserves the office of Chairman of the Board as
the head cheese for the APBA, with officers (Pres., V.P., Sec'y, &
Treasurer) who directly answer to the membership-elected board. These
By Laws also keep the Category and Region Chairman Board members,
elected commissions and the possibility of Competition Directors
(re-named at Gurnee) as from Plan 2000. Additionally, the Board's
oversight of Category rules with respect to technical and existing
class rules is limited only to the appeals process. In other words,
the Board can't tell the Commissions when to implement technical
changes or what they might be but still may hear an appeal from an
aggrieved driver as was the case before. Finally, these By-Laws
appoint all those board members who would have been on the board as a
result of the Sea-Tac Meeting to this board for a specified term.
Check it out below and post your comments. I plan on presenting these
for consideration in Detroit and all you APBA members out there who
like what you see, you can help get these passed. Stay Tuned!!!
---Eddie the Member.
PROPOSED BY LAWS OF THE
AMERICAN POWER BOAT ASSOCIATION
ARTICLE I – NAME, LOCATION AND SEAL
Section 1.1. Name. The name of this organization is the American
Power Boat Association.
Section 1.2. Location. The post office address of the
corporation’s principal office is P. O. Box 377, and the
corporation’s principal office is located at 17640 East Nine
Mile Road, Eastpointe, Michigan 48021.
Section 1.3. Official Flag. The flag of the Association shall be a
rectangular blue flag having a four bladed propeller in red in the
center, the letters of APBA superimposed upon the blades of the
propeller to be surrounded by 16 five-point stars. It may be
displayed on boats of members of the Association.
ARTICLE II – PURPOSE
Section 2.1. Object. The object of the Association is to promote the
racing and use of powered water craft and the improvement of their
design and construction, to formulate rules, to govern trials of
speed, endurance and competition between such boats and to further the
interest of its membership consistent with the needs and aspirations
of the people of the United States of America.
Section 2.2. Jurisdiction. The powers of the Association are
controlling and are to include all activities in connection with power
boating and the power to regulate and control all matters relating to
racing, the appointment of committees or commissions, measurements,
classifications, and rating with the right to extend any and all of
its powers to the Board of Directors to act for it and its place and
stead between its meetings, subject always to review by the
Association. Anything herein or hereinafter to the contrary
notwithstanding, said powers of regulation and control shall not be
construed in any manner so as to render the Association liable in any
way, as a principal or as an indemnifying party, for any act of
commission or omission of any kind or nature whatsoever, committed by
a member, by any individual associated with such members, or by any
corporation, agency, organization, partnership or individual with
which said member may contract.
ARTICLE III – FISCAL YEAR
Section 3.1. The fiscal year of the corporation shall commence on
November 1 of each year and end October 31 of the next succeeding
year.
ARTICLE IV – MEMBERSHIP
Section 4.1. General. The membership of the Association shall
consist of persons or other entities who are interested in and willing
to be active in participation and furthering the aims and purposes of
this Corporation and who shall meet and thereafter continue to meet
the requirements of membership as herein set forth or as heretofore or
hereafter established by the Board of Directors of the Association.
Section 4.2 Clubs. Any permanently organized club or association,
unless goverened and under the jurisdiction of another national
authority, having a regular membership devoting its attention in whole
or in part to activities consistent with the objectives of the APBA,
may become a member club of the APBA. Authority to approve or
disapprove an application for club membership shall be vested in the
chairman of the applicable region, and shall be subject to review by
the Board of Directors. Anytime that it comes to the attention of the
Board of Directors that any club, including its officers or members
acting on behalf of said club, is taking action or devoting its
attention in whole or in part to activities not consistent with the
objectives of the APBA, any officer of the Association may bring a
motion before the Board of Directors to exclude the club as a member
of the Association.
Section 4.3 Active Members. Any person or other entity may apply
for an active membership provided the Board of Directors or its
designated committee deems such applicant sufficiently qualified, by
virtue of experience and training, as a driver, crewmember, race
organizer, official or other participant, or who was otherwise deemed
to be interested in and willing to participate in the
active-furthering of the aims and purposes of the Association, upon
payment of the dues for active members established by the Board of
Directors.
Section 4.4 Honorary Life Members. Persons who have rendered
conspicuous service to this Association and to motor boating who are
elected by unanimous consent by the Board of Directors shall be
Honorary Life Members of the Association.
Section 4.5 Patron Members. Persons, regardless of whether or not
they belong to a club that is a member of this Association, and
business concerns desiring to aid in sustaining the Association to
enable it to broaden its activities, and to be of greatest possible
benefit to all persons interested in motor boating. No patron member
shall be eligible to participate in elections.
Section 4.6. Single-Event Members. Persons wishing to compete in the
event scheduled at an APBA-sanctioned regatta governed by the
Association, being otherwise qualified, and who purchase a
single-event membership in accordance with the Association
single-event membership fee structure. Such members shall not,
however, participate in Regional, Divisional, or National
Championships. Single-event members may participate in Record Events
but shall not be entitled to establish records. There shall be no
other privileges of membership for a single-event membership and they
shall not be eligible to participate in elections. Single-Event
Membership fees, including only such insurance coverage as approved by
the Association, becomes effective only upon registration and advanced
payment of the fee specified, subject always, however, to the specific
terms of the contract of insurance.
Section 4.7. Associate Members. Persons, regardless of whether or
not they belong to a club that is a member of the Association, who
interested in activities covered by the object of this Association,
but who are not boat racers, may join this Association as Associate
Members. Associate Members shall not have their right to vote,
officiate, or hold office, and all other rights and privileges of
Associate Members shall be fixed and determined by the Board of
Directors.
Section 4.8. Membership Covenants and Obligations. Each member,
officer and official of the Association must be a member of APBA, and
assumes and agrees to the following obligations:
4.8.1. To be bound by and observe all decisions of the Association,
its directors, officers and agents, in all matters within their
jurisdiction, subject only to any applicable protest and appeal
procedure.
4.8.2. To waive any and all claims or demands, whether for damages or
otherwise, which they, or any of them, might now or hereafter possess
against APBA the Association and each employee, officer, director or
agent thereof, and against any other member or any officer, director,
or the holder of any interest therein, in connection with or by reason
of any decision, ruling, or action of the Board of Directors, officers
or agents, respecting any matter within their jurisdiction, including
the imposition of any penalty authorized by these Bylaws or the Rule
Book, subject only to any applicable protest and appeal procedure.
4.8.3. To be bound by the Bylaws of the Association, the Association,
and the APBA Rule Book.
Section 4.9. Members shall join a category or categories of interest.
Membership in multiple categories will be encouraged by price breaks
in the dues. Except as otherwise provided in this Article, members
shall be eligible to elect membership for the at-large members on the
Board of Directors and the region offices. In addition, category
racing members in regions where a category is active, as defined in
these Bylaws, will be eligible to elect a member or members to the
appropriate category’s commission.
ARTICLE V – DUES AND FEES
Section 5.1 Annual Dues. The annual dues shall be paid to the
Association in accordance with membership plans approved by the Board
of Directors. The annual dues structure shall be printed and
available to all members by November 1 of each year. The membership
year shall coincide with the fiscal year of the Association.
Section 5.2 Where Paid. Annual dues shall be due and payable at
National Headquarters.
Section 5.3 Single Event. Any non-members wishing to compete in an
APBA-sanctioned regatta being otherwise qualified under APBA racing
rules, may do so upon payment to APBA, at the regatta in which they
desire to participate, of a Single-Event membership fee in accordance
with membership plans approved by the Board of Directors for the
current year.
Section 5.4 Collection. All membership and registration fees
collected by the local Race Committee shall be turned over to the
Chief Scorer who shall be held responsible for the mailing of funds to
the National Headquarters of the APBA within eight days of the last
day of the Regatta at which they were received.
Section 5.5 Termination of Membership.
5.5.1 Any member may resign, subject to the full payment of any and
all dues, assessments, fees, or any other obligations owing to the
Association.
5.5.2 In addition to the penalties provided in the APBA Rule Book, the
Board of Directors may suspend or expel any member for good cause
after appropriate notice and opportunity to be heard, and may suspend
or expel any member who becomes ineligible for membership or who shall
be in default in the payment of dues as established by the Board of
Directors. The Board of Directors may reinstate a former member on
such terms as the Board of Directors may deem appropriate.
Section 5.6. Surcharges. The Board of Directors shall have authority
to levy additional sanction fees, registration fees and membership
fees for the purpose of obtaining necessary funds for the operation of
the Association and the Categories. A schedule of such surcharges
shall be kept at the National Headquarters. All funds which have been
accumulated as a result of the above surcharges shall be maintained in
interest-bearing accounts for the benefit of the individual racing
activities, with the interest proceeds to be used to defray operation
costs of the Association. The accumulated funds are to be made
available to the Chairman of the appropriate racing category.
ARTICLE VI – MEETINGS, QUORUM, VOTING, RULES OR ORDER
Section 6.1. Meetings.
6.1.1 Annual Association Meetings. The Annual Meeting of the
Association shall be held during the last two weeks of January or the
first week of February or at any other time and place as shall be
decided by vote of the Board of Directors. The Board of Directors
shall strive for maximum geographic variety in selecting sites for
annual meetings to allow, over a period of time, all Association
members to attend an Annual Meeting without traveling a great
distance. The President shall preside at all meetings of the
Association.
6.1.2 Special Association Meetings. The President shall call Special
Meetings as he deems necessary and shall do so upon the written
request of any 100 members of the Association.
6.1.3 Board of Directors Meetings. Meetings of the Board of Directors
shall be called by the Chairman of the Board as he deems necessary and
the Chairman of the Board shall preside at such meetings. However, a
Board of Directors Annual Meeting shall be held in conjunction with
the Annual Meeting of the Association. Proxy Votes shall not be
allowed at any meeting of the Board of Directors.
6.1.4 Special Board of Directors Meetings. Special Meetings of the
Board of Directors may be called by or at the request of the Chairman
of the Board, the President or a majority of the Board of Directors.
A person or persons authorized to call Special Meetings of the Board
of Directors may select the place for holding any Special Meetings
called by them and if no other place is specified, the place of the
meeting shall be the principal business office of the Association.
6.1.5 Category and Committee Meetings. The meetings of the
Categories and Committees shall be called by the Chairman of the
Category or Committee as they may deem necessary. However, each
Category shall hold its Annual Meeting in conjunction with the Annual
Meeting of the Association unless specific prior approval is otherwise
granted by the Board of Directors. All votes will be decided by a
simple majority. Proxy votes will not be allowed.
6.1.6 Meetings by Conference Telephone. Some or all of the Board of
Directors, Category Commissions or Committees may hold a meeting by a
conference telephone or similar communications equipment through which
all persons participating in the meeting can hear each other.
Participation in any meeting conducted in this fashion is deemed the
equivalent of being present in person at the meeting. Notwithstanding
anything else contained in these By Laws, a meeting to be conducted
solely by such electronic communication may be called pursuant to oral
or written notice provided to each member at least 24 hours prior to
such a meeting.
Section 6.2. Notices.
6.2.1 Association Meetings. Notices of Annual and Special Meetings of
the Association shall be sent by the Association to each person
entitled to receive the same. Such notices shall be sent not less
than two weeks before Association Meetings. All notices of Annual
Meetings shall specify the business to be transacted at each meeting.
However, this shall not be construed to preclude the introduction and
transaction at an Annual Meeting of other business not so specified.
Notices of any Special Meetings shall state the purposes for which
they are called, and no other business shall be in order at such
meetings.
6.2.2 Board of Directors Meetings. The Annual Meeting of the Board of
Directors shall be held in conjunction with and at the same place as
the Annual Meeting of the Association. Notice of the Annual
Association Meeting shall constitute notice of the Annual Board of
Directors Meeting. All other Board of Directors Meetings shall
require notice of the same of at least seven (7) days prior to such
meeting.
6.2.3 Commission and Committee Meetings. The Annual Meeting of the
Racing Commissions shall be held in conjunction with and at the same
place as the Annual Meeting of the Association unless specific prior
approval is otherwise granted by the Board of Directors. Notice of
the Annual Association Meeting shall constitute notice of the Annual
Meeting of the Racing Commissions and of all standing Committees.
6.2.4 Waiver of Notice. If a quorum is established, notice can be
waived, if by unanimous consent of those members present and
participating.
Section 6.3. Quorum.
6.3.1 Board of Directors Meetings and Category Meetings. A majority
of the members shall constitute a quorum.
6.3.2 Special Meetings. In the event a Special Meeting of the
Association or of the Board of Directors is called by the members
thereof, two-thirds of those members requesting the meeting shall be
present at said meeting in order for the meeting to be called to
order.
Section 6.4. Voting.
6.4.1 Association Meetings. At any meeting of the Association each
member in good standing shall be entitled to one vote. Voting in any
election for officers and Board of Directors, shall only be in
accordance with the procedure established in these By Laws.
6.4.2 Board of Directors Meetings. At all meetings of the Board of
Directors, each member thereof in attendance shall be entitled to one
vote. Proxy voting will not be permitted.
6.4.3 For the purpose of voting only, a previous year’s
Association membership may be extended when so required by
administrative considerations, but under no circumstances shall this
period extend beyond the next Annual Meeting.
Section 6.5. Rules of Order.
6.5.1 Order of Business of the Association. The order of business at
the Annual Meeting shall be:
(a) Reading and correction of minutes of the last Annual Meeting and
of
intervening meetings of the Association;
(b) Reports;
(c) Old business;
(d) Report of Election of Officers and Board of Directors;
(e) New business;
(f) Adjournment.
6.5.2 Parliamentary Procedure. All questions in parliamentary
practice not herein provided for shall be determined in accordance
with Roberts’ Rules of Order.
ARTICLE VII –BOARD OF DIRECTORS
Section 7.1. Membership and Term of Office. General powers of the
business of the Association shall be managed and controlled by the
members of the Board of Directors except as these By Laws specifically
require action otherwise.
Section 7.2. Number, Qualification and Tenure.
7.2.1 The number of Board of Directors members shall be no more than
ten (10). Any change from this number shall be determined by the
membership at the Annual Meeting of the Association.
7.2.2 The Board of Directors shall include as many as ten (10)
at-large directors who are directly elected by the members of the
Association and two (2) directors who are indirectly-elected.
One-half of the at-large directors shall be elected by the membership
for staggered 2-year terms. The at-large directors shall be nominated
by the Nominating Committee. The Directors who are elected indirectly
shall be chosen as follows:
(a) One director of the Board shall be a Region Chairmen selected for
a 1-year term by the Region Chairmen at an election to take place
prior to the Annual Meeting of the Association. The Vice President
shall call the election before November 30.
(b) One director of the Board shall be a Category Chairman selected
for a 1-year term by the Category Chairmen at an election to take
place prior to the Annual Meeting of the Association. The Vice
President shall call the election before November 30.
7.2.3 In addition to the above provisions, Charles D. Strang shall be
appointed to the Board of Directors as a Director in perpetuity. He
shall serve on the Board of Directors with the same authority and
responsibility as other members of the Board so long as he shall
desire.
7.2.4 Chairman of the Board. The At-Large Directors shall elect one
of themselves to serve as a Chairman of the Board who shall preside
over all meetings of the Board of Directors. Additionally, the
Chairman of the Board shall appoint all standing committees of the
Association and may delegate to the President of the Association, the
right to preside over such committee meetings. The Chairman of the
Board shall serve as a member ex officio of such committees as well as
that of the Racing Commissions.
7.2.5 All of the members of the Board of Directors shall serve without
compensation.
7.2.6 Any member of the Board of Directors who fails to attend at
least two (2) consecutive meetings during the period following any
fiscal year, up to and including the next annual meeting in any year,
without permission from the Chairman of the Board, shall forfeit his
office on the Board of Directors. Any director who fails to exercise
that director’s position of trust, confidentiality and due care,
may be removed, after due notice, by a two-thirds vote of the entire
membership of the Board. Any vacancy, however created, shall be
filled within 30 days by the remaining member Directors, for the
unexpired term of the member whose office was vacated. The vacancy
shall be filled by a member, from the same group which first elected
or appointed the removed Director.
7.2.7 Notwithstanding the above, any vacancy created on the Board of
Directors of the Association by the Region Chairman or the Category
Chairman who resigns or fails to serve for any reason during their
term, a replacement shall be selected by an election from the group
which they represent for the unexpired term of the member whose office
was vacated.
7.2.8 For the 2003 Racing Season, the following members shall serve on
the Board of Directors for the respective indicated term:
(a) Charles Strang, Chairman of the Board (2 yrs);
(b) Zigfried Boettle (2 yrs);
(c) Mark Wheeler (2 yrs);
(d) Fred Hauenstein, Jr. (2 yrs);
(e) J. Donald Allen, Sr. (1 yr);
Note: Mr. Allen may serve both as a member of the Board of Directors
and as the Vice-President of the Association for the term of his
election to the Board (1 year). Thereafter, the rules regarding
service as an officer or a director exclusively, shall apply.
(f) Ernie Dawe (1 yr);
(g) Bill Seebold (1 yr);
(h) Michael Alweiss (1 yr);
(i) Gary Garbrecht (1 yr);
(j) Michael Wienandt, Category Chairman (1 yr); and
(k) Robin Shane, Region Chairman (1 yr);
At the expiration of each term, elections by the members of the
Association or by the Region or Category Chairmen as set forth herein
shall apply to all vacancies in the Board of Directors. After two (2)
years, this provision shall be removed from these By Laws.
Section 7.3 Powers of Board of Directors.
7.3.1 General Powers. The Board of Directors of the APBA shall act as
the governing body for the Association and shall be vested with all of
the Association's powers between the Association’s meetings as
set forth in Section 2.2 of these By Laws.
7.3.2 Appointment and Removal of Officers. Additionally, the Board of
Directors shall select the officers of the Association. The Board of
Directors shall have the power to remove any officer, without cause,
by an affirmative vote of two-thirds (2/3) of the Board of Directors.
7.3.3 Racing Commissions. The Board of Directors may create
categories of racing and delegate to a racing commission, the
authority of the Association to govern such category. In such case,
the authority of the Association on matters of technical rules and
existing class rules for each category of racing shall rest with the
appropriate racing commission subject to review by the Board of
Directors only by way of the appeals process set forth in these By
Laws. In all other matters, the racing commissions shall be vested
with the powers of the Association with respect to the governance of
the respective category in between meetings of the Board of Directors.
The Board of Directors may delegate its power of oversight of any
category or categories to an officer or employee of the Association to
act in the Board’s stead whose actions are subject always to
review and approval by the Board of Directors.
7.3.4 Authority to License Forms of Racing. The Board of Directors
may license categories of racing to third parties in which case the
authority for such categories of racing shall be subject to the terms
of the licensing agreement.
ARTICLE VIII – OFFICERS AND EMPLOYEES
Section 8.1. Officers.
8.1.1. Officers of the Association shall be the President, Vice
President, Secretary, and Treasurer.
Section 8.2. Duties of Officers. The duties of the officers shall
be those usually pertaining to their respective offices.
8.2.1 President. The President shall be selected by the Board of
Directors to a term of two (2) years. The President may be a person
other than an elected member of the Board of Directors and shall serve
without compensation. In the event the Board of Directors shall
select a current director as the President, such person shall resign
from the Board of Directors.
(a) The President shall provide leadership for the Association by
setting the strategic agenda and priorities for the Board of
Directors. The President shall also serve as the Chief Executive
Officer of the Association and shall serve as the Association’s
representative to the Union Internationale Motonautique (UIM). The
President shall be subject to the control of the Board of Directors
and shall, in general, supervise and manage all of the business and
affairs of the Association concerning the Board of Directors. The
President shall have authority subject to such rules as may be
prescribed by the Board of Directors, to appoint such agents and
employees of the Association as the President shall deem necessary, to
prescribe their powers, duties and compensation and to delegate
authority to them. The President shall have authority to sign,
execute and acknowledge on behalf of the Association with the approval
of, and within the guidelines established by, the APBA Board of
Directors, all contracts, reports and all other documents or
instruments necessary or proper to be executed in the course of the
Association’s regular business or which shall be authorized by
resolution of the Board of Directors; and except as otherwise
provided, the President may authorize any other officer or agent of
the Board of Directors to sign, execute and acknowledge such documents
or instruments in his place instead. In general, the President shall
perform all duties of the office of a president and such other duties
as may be prescribed by the Board of Directors or the Chairman of the
Board from time to time.
(b) The President shall be a member ex officio of all governing
bodies of the Board of Directors, categories, technical and other
committees.
(c) When voting at the general assembly of the Union Internationale
Motonautique, (UIM) the President or appointed delegate shall vote on
matters of category rule changes only as authorized by the Chairman of
the affected category.
8.2.2 Vice President. The Vice President shall be selected by the
Board of Directors to a term to coincide with that of the President.
In the event the Board of Directors shall select a current director
as the Vice-President, such person shall resign from the Board of
Directors. The Vice President will perform the duties assigned by the
President, the Chairman of the Board or the Board of Directors. In
the absence of the President, or in the event of the President’s
death, inability or refusal to act, the Vice President shall perform
the duties of the President and when so acting, shall have all of the
powers of and be subject to all restrictions upon the President. The
Vice President shall serve without compensation.
8.2.3 Secretary. The Secretary shall be selected by the Board of
Directors to a term to coincide with that of the President. Among
other things, the Secretary shall be responsible for the preparation
and mailing of minutes of the meetings of the Board of Directors
meetings.
8.2.4 Treasurer. The Treasurer shall be selected by the Board of
Directors to a term to coincide with that of the President. Among
other things, the Treasurer shall handle any financial matters
pertaining to the Association as authorized by the President or of the
Chairman of the Board of the Association.
8.2.5 For the 2003 Racing Season, the following members shall serve in
the following offices for the respective indicated term:
(a) President: R. Steven Hearn (2 yrs);
(b) Vice-President: J. Donald Allen, Sr. (2 yrs);
(c) Secretary: Sally Titus (1 yr); and
(d) Treasurer: Edgar Rose (1 yr).
At the expiration of each term, the Board of Directors shall fill the
vacancies in the offices of the Association as provided in these By
Laws. After two (2) years, this provision shall be removed from these
By Laws.
8.2.6 Promotions Director. A Promotions Director may be selected by
the President with approval of the Board of Directors. The Promotions
Director will report directly to the President and perform marketing,
sales, and promotion functions for the organization. The Promotions
Director will develop and execute various professional marketing,
sales and promotional strategies to increase the organization’s
visibility in the motor sports marketplace. The duties of the
Promotions Director may be handled by an employee located at the
Association’s headquarters office or may be handled by a
contractor approved by the Association. The Promotions Director will
be compensated in an amount from time to time approved by the Board of
Directors and the Board of Directors of APBA.
8.2.7 Category Administrators. The Board of Directors shall have the
authority
to retain Category Administrators from time to time. The Category
Administrators will be compensated in amounts determined from time to
time by the Board of Directors. The Category Administrators shall
have authority as determined from time to time by the Board of
Directors to consult with the APBA categories affected. The Category
Administrators may be contracted pursuant to terms approved by the
Board of Directors. The Category Coordinator shall have
responsibility in matters concerning safety rules, racing rules,
national site development, officials development, promotionals,
budgets, membership development, new class development, class
restructuring and new equipment development, and any other duties
specified by the President.
(a) Category Groupings. Categories may be grouped by a variety of
criteria of common interest. The overriding intent, however, is to
develop groupings where shared interests can help leverage growth in
each category and the group overall. Similar types of race courses,
similar festivals and other targets of race promotion, and similar
membership demographics help define groupings.
The following is an example of a recommended grouping:
GROUP CATEGORIES
Racing Outboard J Stock Modified Pro
Performance Outboard OPC Outboard Drag Performance
Inflatable
Inboard Racing Inboard Inboard Endurance
(b) Steering Committee. The Steering Committee is comprised of the
category Chairmen, the category group’s Category Administrator,
and the Vice President or his designee. The Steering Committee is
responsible for the growth, management and coordination of membership
and racing within their respective group. The head of each Steering
Committee is the group’s Category Administrator or, in his
absence, the Vice President or his designee. The Steering Committee
serves as a forum for discussions among the group’s category
Chairman and as an advisory committee to the President and Vice
President.
Section 8.3. The Board of Directors may appoint certain other persons
to serve their needs as they determine from time to time to be
helpful. These positions may be compensated as deemed necessary and
approved by the Board.
ARTICLE IX – APBA Council.
Section 9.1. There shall be a Council of the APBA which shall meet
at the Annual Meeting of the Association and shall be advisory to the
Board of Directors.
Section 9.2. The members of Council shall consist of the President,
the immediate Past President, all Region Chairmen, all Category
Chairmen and 12 Members-at-Large.
Section 9.3. The term of office for the 12 Council Members-at-Large
shall be four (4) years. Every two (2) years at the Annual election,
the Council Members-at-Large shall be elected on a staggered basis,
alternately, by first electing six (6) members and then six (6)
members, respectively, for a term of four (4) years. The next Council
Election shall be held in 2003.
Section 9.4. Members of the APBA Council shall not be considered
members of the Board of Directors. However, members of Council have
the right to be present for any meeting of the Board of Directors and
have the right to be heard during the Board’s discussion of any
item of business. Due Consideration shall be given by the Board of
Directors for any resolution of position by the APBA Council.
ARTICLE X – Standing Committees. The following shall constitute
standing committees of the Association in addition to the Racing
Categories and those committees appointed by the Chairman of the Board
or of the Board of Directors:
· Annual Meeting
· Antique Outboard
· Appeals
· Chief Inspector
· Chief Referee
· Chief Surveyor
· Discipline
· E.C. Kickhaefer Timing Equipment
· Jr. Class
· National Safety
· National Rescue
· New Class
· Nominating
· Race Against Drugs
· Race and Rules Management
· Regatta Scoring
· Special Events
· Survey Procedure
· Timers Certification & Timing Equipment
· Vintage & Historic Race Boat
ARTICLE XI – CATEGORIES OF RACING
Section 11.1. Categories of Racing. There shall be established the
following categories of racing of the APBA:
Outboard Drag
Inboard
Inboard Endurance
Modified Outboard
Outboard Performance Craft
Professional Racing Outboard
R/C Model
Stock Outboard
Offshore
Unlimited
Section 11.2 Racing Commissions. In order to govern the respective
racing categories there shall be established the following:
Outboard Drag Racing Commission
Inboard Racing Commission
Inboard Endurance Racing Commission
Modified Outboard Racing Commission
Outboard Performance Craft Racing Commission
Professional Racing Outboard Commission
RC Model Racing Commission
Stock Outboard Racing Commission
Section 11.3. Racing Commission Authority. The racing commission
shall act as one common body in all matters involving discipline, new
classes, appeals from rulings of race committees and referees,
developing and maintaining rules for each class in their category,
national championship selection and selection of officials for
national championship events subject to its grant of authority from
the Board of Directors as set forth in these By Laws.
Section 11.4. Category Commissions and Category Chairmen. Each
category commission shall be comprised of 1 to 3 members from each
APBA Region in which the category is “active”, as defined
herein. Each commissioner shall be elected at the respective fall
region meetings preceding the Annual Meeting of the Association. A
category’s “active” status and the number of
commissioners to be selected from a region shall be determined from
the following chart:
No. of Sanctions No. of Members Status No. of Comm'rs
STOCK OUTBOARD
0 Below 10 Inactive 0
1 to 4 10 to 49 Active 1
5 to 9 50 to 99 Active 2
Over 9 Over 99 Active 3
MODIFIED OUTBOARD
0 Below 8 Inactive 0
1 to 3 8 to 35 Active 1
4 to 7 36 to 60 Active 2
Over 7 Over 60 Active 3
PRO OUTBOARD
0 Below 10 Inactive 0
0 to 3 10 to 30 Active 1
4 to 9 30 to 60 Active 2
Over 10 Over 60 Active 3
PERFORMANCE INF.
0 Below 2 Inactive 0
0 to 10 3 to 9 Active 1
0 to 10 10 to 25 Active 2
Over 10 Over 26 Active 3
OPC
0 Below 10 Inactive 0
0 to 3 10 to 25 Active 1
4 to 7 26 to 50 Active 2
Over 7 Over 50 Active 3
OUTBOARD DRAG
0 Below 5 Inactive 0
0 5 to 20 Active 1
0 21 to 50 Active 2
0 Over 50 Active 3
INBOARD
0 Below 8 Inactive 0
0 to 3 8 to 59 Active 1
4 to 9 60 to 99 Active 2
Over 9 Over 99 Active 3
If there is a difference in number of category commission members to
be elected between the sanctions criterion and the racing members
criterion, the criterion resulting in a lower number of category
commission members shall be used. A review of current membership will
be conducted on an annual basis and thresholds in the above table
adjusted accordingly so that elected commission size will range
between 6-18 members. The activity threshold numbers shall be
adjusted by making calculations using the previous year’s
membership numbers.
11.4.1 “Active” status. A category of racing shall be
considered “active” within any particular region if it
meets the minimum participation as set forth in the above chart for
the region. For the purpose of determining a category’s
“active” status, the highest number of either racing
memberships in that region or active participants in that region shall
be used. Each region may elect commissioners only from such
region’s “active” categories.
11.4.2 Election of Commissioners. Membership on the category
commission shall be for a 1-year term. A member must reside in the
region from which the member is to be elected a commissioner. Any
member may serve on only one racing commission at a time. A member is
not required to be present at the region meeting in order to be
elected, unless region rules require the same. All racing members,
duly approved referees, inspectors and chief scorers for the
respective categories may vote for commissioners from their region.
Members with multiple category memberships may vote in all category
commission elections in which they have a membership.
11.4.3 Election of Category Chairmen. A Category Chairman shall be
elected by the elected commissioners for each racing commission for a
term of two (2) years, which election shall be held no later than
November 30.
11.4.4 Chairman’s Appointment of At-Large Commissioners. In
addition to the elected commissioners, any Category Chairman may
appoint at-large commissioners, but the number of at-large
commissioners shall not exceed 60% of the number of elected
commissioners.
11.4.5 Should a commissioner relocate to another region, resign or
fail to serve for any reason, the Region Chairman shall select a
replacement to fulfill the vacancy from the same region. Should the
Region Chairman fail to select a replacement within thirty (30) days
of a vacancy, the Category Chairman will appoint a replacement from
the same region. The Category Commissioners and Chairmen will continue
to serve until their successors are duly elected and take office. In
the event a commissioner also acts as a member of a race committee or
as a referee, such commissioner may not vote on any appeal, protest or
inquiry in connection with such event.
SECTION 11.5. DEPUTY COMMISSIONERS. The Chairman of each racing
Commission shall have the power to appoint Deputy Racing Commissioners
to represent each Commission locally, to assist individual members,
member clubs and local regatta committees and officials in racing
matters. In such case the Deputy Racing Commissioner shall have the
same power and authority to act in a local area as though he were a
member of the Racing Commission and to act as Commission
representative at regattas and time trials when no Commissioners are
present. Deputy Racing Commissioners shall not be entitled to
participate in a proceeding where action of the full Racing Commission
is necessary.
SECTION 11.6. COMMITTEES AND OFFICIALS. The Chairman of each Racing
Commission shall have the power to appoint such committees pertaining
to racing and such Racing Officials as and when it may be necessary
except those whose appointment is specifically assigned to other
authority by the Bylaws.
SECTION 11.7. RULE CHANGE PROCEDURE. For those categories that have
not adopted other procedures for rule changes, the following shall be
applicable:
11.7.1 All members as specified below, of record as of October 31, and
those of record from October 31 until two weeks before the ballot
mailing date, shall be eligible to vote on rule changes.
11.7.2 The rule change ballot will contain one or several of the
following:
(a) Any technical rule change proposed by at least 30% of all the
members registered in the class concerned, but in no event fewer than
four members of any class.
(b) Any category rule change proposed by at least 30% of all members
possessing registered racing equipment.
(c) Any category rule change proposed by a majority vote of the racing
commission concerned.
11.7.3 All rule change proposals as described in paragraphs (a) and
(b) shall be submitted in writing to the National Headquarters not
later than December 1. On or before December 15 of each year, the
National Headquarters shall mail the proposed rule changes to the
appropriate Racing Commission to be placed on the ballot. In the
event the rule change proposed by the membership received a majority
vote, it shall take precedence over any category rule in conflict.
11.7.4 The Chairmen of the Racing Commissions shall mail to National
Headquarters before March 1 all proposed rule changes approved by
their Commissions.
11.7.5 National Headquarters shall mail to each member, in accordance
with the category rules, on or before March 15, an official ballot
containing said proposed rule changes, and the ballots to be counted
must be returned in the return envelope postmarked no later than March
29. The results will be tabulated no later than April 5 and shall be
published in the next issue of Propeller.
11.7.6 Any official ballot, to be counted, must be postmarked before
midnight of the 14th day following the mailing of the ballot. Ballots
will be checked and votes counted as follows: General Racing Rules
– the vote of all members in accordance with the Bylaws;
Technical Rule Changes and rule changes involving a particular class
– only the votes of those members registered in the class
concerned. A majority of those voting on any proposition shall be
necessary to enact a proposed change.
11.7.7 Except when rules are changed or modified by the Board of
Directors, rules may not be changed at any time or in any manner other
than as specified above, except when obvious error is shown in the
adoption or amendment of any rule or when, in the opinion of any
Racing Commission, if applicable, the good of the sport is at stake.
In such events, the Racing Commission, if applicable, with approval of
the Board of Directors of Directors, may change the rules in
accordance with the category rules. In the event that the rule change
is finalized prior to May 1, the rule change shall take effect 30 days
after being finalized. Such rule changes shall be published in the
next issue of Propeller and on the APBA website. In the event that
the rule is not finalized prior to May 1, the rule change shall take
effect the November 1 following the approved change.
11.7.8 A rule with a specified freeze duration of up to three years
may not be changed during its specified freeze period without the
approval of the Board of Directors.
11.7.9 With the exception of any rule changed or modified by the Board
of Directors after having given the appropriate members due notice, or
any rule change pursuant to Bylaw 11.7.7, any rule changes shall take
effect the November 1 following the approved change.
SECTION 11.8. JUNIOR CLASS. The APBA Junior Class shall be governed
by a committee determined by the President with approval of the Board
of Directors. The committee shall consist of a chairman appointed by
the President and selections from the respective categories which have
a common interest in developing the APBA Junior Class.
SECTION 11.8. R/C MODEL RACING COMMISSION. Persons wishing to become
members of the R/C Model Racing Category, being otherwise qualified,
and who purchase a R/C Model Racing Membership in accordance with the
Association membership fee structure shall be entitled to all of the
privileges of R/C Model Racing as provided by their Constitution and
Bylaws.
The R/C Model Racing Members shall be governed by the constitution and
Bylaws of the R/C Model Racing Category.
ARTICLE XII – TERM OF OFFICE. All Board of Directors members,
officers, Category Chairmen, elected persons, appointed persons and
committee members shall assume the responsibilities of their position
as of November 1 of the respective year of their term.
ARTICLE XIII – APPEALS
13.1. Jurisdiction: The American Power Boat Association Appeals
Commissioner may hear appeals from any determination made by APBA
officials relating to penalties, technical questions, suspensions,
termination of membership, or procedural questions.
13.2. The Appeals Commissioner shall be appointed by the APBA Board of
Directors and shall serve until replaced, and shall be the final
appellate authority within APBA.
13.3. The Appeals Commissioner may not consider any appeal until the
member has exhausted all of the remedies available under the rules of
the appropriate APBA category or administrative body.
13.4. Procedures:
(a) Any member may appeal any action that, in the member’s
opinion, violated an APBA rule or By Law by filing a written appeal
with National Headquarters, along with a $1000 filing fee.
(b) Any appeal under this section must be filed within thirty (30)
days from the date upon which the member received notice of the action
which he chooses to appeal.
(c) The appeal must state distinctly the action that the member
desires to appeal, the date the member received notice of such action,
the grounds for the appeal, and must specifically state the number and
page of the appropriate Rule or Bylaw which the member he claims that
was violated.
(d) Upon receipt of such appeal, APBA National Headquarters shall
provide a copy to the Appeal Commissioner for determination of the
appeal and will distribute copies to the Board of Directors members,
and responsible party whose action is being appealed, for
informational purposes.
(e) The Appeals Commissioner shall determine the validity of the
appeal by either:
(i) Determining that the appeal has no merit and dismissing same, or
(ii) Determining the outcome of the appeal, based upon the material
submitted by the appellant and others, or
(iii) Appointing a hearing committee to determine the merits of the
appeal. The Appeals Commissioner shall establish the most appropriate
procedure for the hearing, taking into consideration the geographic
area and the issues involved, in a manner best suited to ascertain the
relevant facts and merits of the parties’ positions. The
Appeals Commissioner shall inform the parties of the procedure prior
to the hearing. Members may appear in person at hearings but may not
participate through a representative or attorney. The hearing
committee shall report their decision to the Appeals Commissioner who
shall notify the parties.
(iv) The Appeals Commissioner may decide, in the interests of
powerboat racing and/or the APBA, that any penalty under review be
temporarily deferred until the appeal of the penalty has been
resolved. The determination of the appeal may include upholding the
appealed action, upholding the appeal, correcting, altering, amending,
modifying the action, or granting any other appropriate relief,
including the determination of an appropriate penalty.
(v) In the event the appeal is denied, the $1000 filing fee may be
retained by APBA. In the event the Appeals Commissioner can determine
there are mitigating circumstances, he/she has the right to determine
whether or not the filing fee, or any part thereof, should be returned
to the appellant. In the event that it is determined that the action
being appealed was erroneous, the $1000 filing fee will be returned to
the appellant.
ARTICLE XIV – DISCIPLINE
Section 14.1. Conduct. Any member whose appearance, conduct,
associations or affiliations, at or away from APBA sanctioned events,
which are deemed not conducive to the best interests of APBA or
exhibit conduct which is inappropriate, offensive, abrasive or in bad
taste, and persons who have been convicted from criminal activity may
be denied membership or a license or may be excluded or suspended from
APBA at the discretion of the Board of Directors of Directors.
14.1.1 The Board of Directors is further empowered to impose a fine
and/or suspension of any participant or team that is found guilty of
conduct detrimental to APBA or its sponsors.
14.1.2 Physical Contact. Intentional physical contact with any
participant by any means is not allowed.
14.1.3 Fraud. Participants shall not make any misleading
representations or fraudulent statements.
14.1.4 Language, Etc. All participants must refrain from any
inappropriate profane or objectionable language and gestures as such
acts will not be tolerated.
14.1.5 Criticism of Officials. Any participant that publicly
criticizes the officials will be considered to be acting in an
unsportsmanlike manner, prejudicial or detrimental to the best
interest of this sport.
14.1.6 Proprietary Information. Inspectors, and any other person
serving in an official capacity, shall communicate information
revealed during the inspection of a contestant’s equipment only
to: a) that contestant, b) his or her designated agent or agents, (c)
officials at the race as required in the conduct of the race, and (d)
appropriate other APBA officials and personnel as required by APBA
rules and procedures. All persons who are in possession of such
information shall pass it on to other individuals only if so required
in the performance of their duties, or by APBA rules or procedures.
Any violation of this rule will be considered a breach of ethics, and
may be subject to disciplinary action.
Any member who is in violation of any of the aforementioned provisions
or any other action or misconduct as may be determined by the Board of
Directors shall be subject to assessment of penalties in addition to
any other penalties set forth in the Rules Books of the Association.
Section 14.2. Disciplinary Committee.
14.2.1. The APBA Disciplinary Committee is established by the Board
of Directors to rule on disciplinary action for violation of APBA
Rules by members of the Board of Directors.
14.2.2. Members of this Committee shall be appointed by the President
with approval by the Board of Directors.
14.2.3. The Chairman of the Committee shall be appointed by the
President. Upon receiving a written report of a violation, the
Chairman of the Committee shall determine the appropriate action to be
taken, pursuant to the following section.
Section 14.3. Procedure.
14.3.1. All owners, drivers and members of the Association are
subject to disciplinary action for violation of APBA rules.
14.3.2. Discipline arising out of competition and/or directed toward
a competitor or an official shall be the responsibility of the referee
and the Chairman of the Disciplinary Committee.
14.3.3. A violation of APBA rules occurring during an event, which
the referee in charge of the event determines to be a serious threat
to the safety of persons or property, that official is authorized to
take emergency action against the violator. The authorized emergency
action may include disqualification for the event, ejection from the
racing premises, fine, and/or suspension. Any suspension under this
paragraph shall be for not longer than 30 days from the time of the
incident. Examples of conduct warranting such emergency action
include, but are not limited to, the consumption of alcoholic
beverages in restricted areas during an event, the use of drugs,
fighting, reckless driving and improper language or conduct toward an
official.
14.3.4. Any disqualification from participation in the regatta and/or
ejection from the racing premises is final and shall not be
appealable; provided, however, that upon a showing of good cause, the
referee may, without liability, reverse or revise the penalty.
14.3.5. All violations of APBA rules which involve discipline shall
be recorded in written detail to the APBA National Office as soon as
is practicable.
14.3.6. Upon receiving a written report of a violation, the Chairman
of the Disciplinary Committee may ratify the referee’s decision
if it is determined that the violation is serious and that the
member’s continued participation in APBA events may well pose a
serious threat to the integrity of the Association, and may impose
lesser or additional penalties, including, but not limited to, censor,
suspension, monetary fine, or expelling the member from the
Association.
14.3.7. If the Referee determines that disciplinary action beyond the
period of the sanction is appropriate, the member shall be informed of
that action in writing (“Discipline Notice”).
14.3.8. An appeal from any disciplinary penalty shall be made
pursuant to Article XIII.
ARTICLE XV – CONDITIONS OF MEMBERSHIP
Section 15.1. Every person, member, body, club, group of persons,
region of APBA or organizer who applies for and is granted an APBA
sanction to conduct an event, or any person who applies for an APBA
membership agrees to the following and acknowledges that membership in
this organization is expressly conditioned upon acceptance of the
following terms:
15.1.1. That they are familiar with the Bylaws of the American Power
Boat Association, the general safety rules, general racing rules and
the rules of the category to which they belong or under which an APBA
sanction has been granted.
15.1.2. That they agree without reservation to the consequences
resulting from the Bylaws of the American Power Boat Association and
the general safety and racing rules and of the category to which they
belong or under which an APBA sanction has been granted.
15.1.3. That they renounce and expressly waive any right to have
recourse, except with the written consent of the American Power Boat
Association, to any arbitrator or tribunal not provided for in said
Bylaws and rules.
15.1.4. The interpretation and application of the safety rules and
general racing rules and the rules of the respective categories shall
be by American Power Boat Association officials, the respective
categories and the Board of Directors and shall be final and binding.
In order to promote the sport of powerboat competition, to achieve
prompt finality in competition results, and in consideration of the
numerous benefits to them, all members, including competitors and
officials expressly agree that:
(a) Determination in decisions rendered by APBA officials, officers
or appeals panels may not be litigated in any tribunal except one
established by this organization for such purpose;
(b) They will not initiate, threaten or maintain litigation of any
kind against APBA or anyone acting on behalf of APBA to reverse or
modify such determinations, or seek to recover damages or other relief
allegedly incurred or required as a result of such determination; and
(c) If a member, competitor, or official initiates or maintains
recourse outside of the association, or litigation in violation of
these provisions, that member, competitor or official agrees to
reimburse APBA for all costs of such litigation, including travel
expenses and attorney fees.
(d) Any member or anyone under the jurisdiction of the Association
who initiates recourse outside of the Association or litigation in
violation of these provisions shall be liable to expulsion from the
Association, suspension or disqualification.
ARTICLE XVI – REGIONS
Section 16.1. Purpose. The primary purpose of the Regional
Organization, is to establish local representatives who are interested
in and willing to be active in participation and furthering the aims
and purposes of the Association, and in particular who will promote
and assist member clubs, members who reside in their respective
region, to promote APBA sanctioned events, and support the efforts of
the Board of Directors.
Section 16.2. Organization.
16.2.1. The United States and all other areas within the scope of the
operations of the American Power Boat Association, shall be divided
into Regions, the extent and boundary lines of which shall be
determined and fixed by the Board of Directors and may be altered from
time to time by the Board of Directors as the best interest of the
Association may require. Any change in existing boundaries or the
creation of new Regions, however, shall only be made at a meeting of
the Board of Directors at which two-thirds are present, and in the
notice of said meeting, the proposed changes are to be set forth in
detail.
16.2.2. For an event that occurs on inland bodies of water that are
adjacent to different regions, the sanction applicant shall decide in
which region the event occurs.
16.2.3. Each club or individual, upon acceptance as a member of the
Association, shall automatically become a member of the Region in
which the club or individual is located.
16.2.4. The affairs of each Region shall be governed by a Regional
Board of Directors, the number of which shall be fixed for each
ensuing year by the Regional Board of Directors at a meeting thereof
held on or before August 1 preceding the Annual Regional Meeting. The
number of Regional Directors shall, however, be not less than three,
nor more than 25.
16.2.5. Each member of the Region shall be entitled to one vote for
all the members of the region Board or Directors and all Regional
Officers.
16.2.6. Every Region is authorized and empowered to adopt a regional
rule or regulation prescribing the method of electing its directors
and officers, provided such rule or regulation is duly adopted by the
Region at a meeting thereof, is approved by the Board of Directors,
and is filed with the National Office. Such regional rule or
regulation shall not be inconsistent with the Articles of Association
or the Bylaws of the Association. When approved by the Board of
Directors, all regional elections shall be conducted in accordance
therewith. Amendments hereto shall be made only in the same manner
required for the adoption of the original rule or regulation.
16.2.7. In the event that a region does not adopt a regional rule or
regulation providing for the election of regional directors and
officers, the method of regional elections shall be conducted only as
follows:
(a) The Regional Nominating Committee shall consist of five members
of the region who shall be appointed by the Region Chairman by and
with the consent of the Region Board of Directors at the first meeting
thereof following the regional annual meeting of each year, and they
shall hold office until the next annual meeting or until their
successors shall have been appointed. In the event of death,
resignation, or disqualification of a member of the Nominating
Committee, his vacancy shall be filed in the same manner as the
original appointment. The Region Chairman shall designate one of the
members of the Nominating Committee as Chairman. The Nominating
Committee shall nominate candidates for all members of the Region
Board of Directors and Region officers, and the Chairman thereof shall
file the report of the Nominating Committee with the Secretary of the
Region and with the National Headquarters of APBA not later than
thirty (30) days prior to the regional annual meeting. The selections
of the Nominating Committee shall be specified in, or accompany, the
notice of the regional annual meeting.
(b) The election of regional directors and officers shall take place
at the annual regional meeting, which shall be held not later than
November 8 in each year, beginning with the 2004 season. In addition
to the selections of the Nominating Committee, any regional member in
good standing may also be nominated from the floor for any elective
office, provided his nomination is seconded by not less than four
qualified members at the meeting. Elections may be either by ballot
or by voice vote. Proxy voting at regional meetings shall not be
permitted.
16.2.8. Vacancies that occur in elective offices after election shall
be filled by majority vote of the Regional Board of Directors. All
regional officers and committees shall hold office until the next
regional annual meeting or until their successors are elected or
appointed, as the case may be.
16.2.9. In the event that the Regional Annual Meeting is not held
prior to November 8, or that a region is left without a Region
Chairman and successor, the Board of Directors of Directors shall
appoint a temporary Region Chairman for the region in default. Within
15 days of this appointment, the temporary Region Chairman shall
appoint a Nominating Committee and shall designate a Chairman thereof.
The Chairman of the Nominating Committee shall file his report within
10 days thereafter, and the temporary Region Chairman shall call and
conduct the annual regional meeting within 30 days thereafter.
16.2.10. Within 10 days of an election as provided herein, the
Secretary or Regional Chairman shall furnish the National Office of
the Association with a list showing the names, titles, and addresses
of the new officers and the names and addresses of the Region Board of
Directors.
16.2.11. A region shall have the power to adopt such rules and
regulations for its own government and for the government of its
officers and committees as it sees fit and to amend its own Region
Bylaws; provided, however, that such local rules and regulations and
amendments are not inconsistent with the Articles and
Bylaws of the Association, the Region Bylaws, or such rules or
regulations as the Board of Directors may from time to time adopt.
16.2.12. Any region may, by vote of its Board of Directors, restrict
the right to vote for each Activity Chairman, to region members having
racing equipment registered in the activity concerned, and to duly
appointed officers and officials for the activity concerned.
ARTICLE XVII – AMENDMENTS AND APPLICATION
Section 17.1. Amendments. Amendments to these Bylaws may be adopted
by a two-thirds vote of the membership of the Board of Directors.
Such a vote may be instituted by action of the President or any member
of the Board of Directors and must be ratified by the Board of
Directors of APBA.
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which will authorize myself to vote in favor of these By-Laws at the
Annual Meeting in Detroit, please visit:
http://www.geocities.com/sponsonhead/index.html. This is Mr.
Gleason's Website which has all of the documents related to the APBA's
structure posted on it. If you like what you see, print off the
Proxy, sign it and either fax or mail it to me as soon as possible.
Questions and comments are most welcome. 14-H.
14-H
Annual Meeting in Detroit, please visit: