2013 Derry Football Association (aka Derry Demons) Articles of Agreement
(Last revised 09/20/16)
Article I - Name of Corporation
In accordance with the Chapter granted by the State of New Hampshire; the name of the organization shall be the Derry Football Association, hereinafter referred to as the D.F.A.
Article II - Purpose
The purpose of the organization is to inspire youth to practice the ideals of sportsmanship, scholarship, and physical fitness, by providing a Tackle Football and Cheerleading program, principally for the youths of the towns of Derry and Chester.
The Corporation is organized exclusively for charitable and educational purposes within the meaning of Section 501 C (3) of the Internal Revenue Code of 1954. No part of the net earnings of the Corporation shall inure to the benefit of any individual.
Article III - Description
The D.F.A. will consist of one or more football and/or cheerleading teams and each squad shall be known as a Derry Demon Team.
The D.F.A. Logo will be that of a Little Demon, and the team colors will be Grey, Red, Black or White, and any two being predominate color and the remaining will be trace colors.
Article IV - Membership
Any parent or legal guardian of a paid player or cheerleader, as well as all Board Members, Coaching Staff and individuals actively, and continuously volunteering (as determined by the board), in the Demon Program are regarded as voting members of the Association. All voting members shall be at least 18 years old.
Section 1: Eligibility
A. Membership shall run from April 1 to March 31.
B. No registration of members will be accepted if the member is in debt to the D.F.A.
Section 2: Voting Rights - Elections
A. Members of the D.F.A. shall have one vote at any D.F.A. meeting at which they are present. Proxy voting shall not be permitted. B. The Board of Officers shall be elected, by secret ballot of a simple majority voting members present at the annual business and election meeting and will take office on January 1.
Candidates for the Board of Officers shall be nominated as follows:
All nominations for board positions shall be submitted in writing (letter or email) to the Secretary of the Board between November 1 and November 10th. Nominations should include the candidates name and specific board position. The secretary will confirm with the candidate their acceptance of the nomination and confirm their understanding of the applicable duties as follows:
1. Their understand of the applicable duties and responsibilities
2. Their ability (knowledge & schedule) to perform applicable duties
3. Confirmation of understanding of Conflict of interest rule as described in Article VII of the by-laws.
The slate of nominees will be presented to the general membership in writing no later than 5 days prior to the election date. Nominees will be introduced to the membership at the election at which time members will be afforded the opportunity to question the nominee(s).
In the event no candidate for a given position has been submitted in advance, nominations from the floor will be accepted.
In the event a nominee does NOT obtain the required approval of a simple majority of members present, then nominations from the floor will be accepted. Nominees will be required to comply with all acceptance procedure and be questioned from members present. In the event no nominee is presented and/or accepts, then the empty board seat will be filled in accordance with that currently outlined in the by-laws.
Three (3) members of the board (President, Treasurer, and Secretary) will not vote and be tie-breaker designees (excluding for their specific office if nominated). The secretary of the board will preside over the balloting process.
The fiscal year shall extend from January 1 to December 31.
Article V - Meetings
Section 1: Annual Meetings
The D.F.A.'s annual business and election meeting shall be held in November on or after the 3rd Monday. The secretary shall give public notice by way of parents and/or newspaper or newsletter of the annual business and election meeting at least (30) days in advance of the meeting.
Section 2: Officer's Meetings
The Board of Officers shall meet minimally once per month from January through November, and additionally as needed. The specific dates and locations are to be established in January by the Secretary of the Board of Officers. Events necessitating changes to the schedule shall be at the discretion of the President of the Board. All newly elected officials and sitting officers shall submit to the Secretary all proposed organization activities dates at the January meeting for the approval of the Board. Said schedule shall be voted on at the February meeting.
Section 3: Special Meeting
Special meetings may be held at any time upon authorization of the Board or written request of any member in good standing stating the purpose for the meeting:
a. If football specific - 33% of the football membership*
b. If cheer specific - 33% of the cheer membership*
c. If joint - 33% of the general membership*
*Determined by the board by vote of 2/3 majority of full board
Notice of which shall be sent to members by the Secretary at least five (5) days in advance of each meeting.
A). Discussions shall be limited to the subject that caused the necessity for the meeting.
Section 4: General Meetings
General meetings shall be held in May and September of each year. The Secretary shall give notice by way of parents and/or newspaper or newsletter of the general meeting at least fifteen (15) days in advance of the meeting.
Section 5: Robert's Rules of Order
Roberts Rules of Order shall be the parliamentary authority for this association and for all matters not specifically covered by the By-laws and its standing rules.
A) The following format shall be adhered to at all D.F.A. meetings.
1) President's report.
2) Secretary's report.
3) Treasurer's report.
4) Coordinator's report.
5) Old Business.
6) New Business.
B) Any action taken shall be approved by simple majority of the members present.
Article VI - Governing Body
The Government of the organization shall be vested in the elected Board of Officers. Any member in good standing can be voted to the Board of Officers excluding all coaches & team parents. Elected board members are expected not to apply or accept coaching positions or other team level positions unless there is a critical need which will be determined and approved by a simple majority vote of the board.
Article VII - Officers
All of the affairs of the D.F.A. will be managed by a slate of officers that are nominated and elected for a one (1) year term.
The Board of Officers will consist of the following positions:
- Football Coordinator
- Assistant Football Coordinator
- Cheerleading Coordinator
- Assistant Cheerleading Coordinator
- Fund Raising Coordinator
- Web & Communications Coordinator
- Merchandising Coordinator
- Concessions Coordinator
All officers will adhere to all D.F.A. By-laws, and in addition, must follow the League National Rules, and the Constitution of the League of which the D.F.A. is a member.
All officers shall attend all D.F.A. board meetings with full voting rights as an elected officer, except where a conflict of interest might occur, i.e. purchasing services or goods from themselves or a relative, in instances where a board member might benefit financially or selecting a relative for an appointed position in the organization.
Any possible conflict of interest on the part of any member of the Board, an officer or member of the Organization, shall be disclosed in writing to the Board and made a matter of record through an annual procedure and also when the interest involves a specific issue before the Board. Where the transaction involving a board member, trustee or officer exceeds five hundred dollars ($500.00) but less than five thousand dollars ($5,000.00) in a fiscal year, then a two thirds vote of the disinterested directors and publication in the required newspaper is required. The minutes of the meeting shall reflect that a disclosure was made, the abstention from voting, and the actual voting itself. Every new member of the Board will be advised of this policy upon entering the duties of his or her office, and shall sign a statement of acknowledgement, understanding of and agreeing to this policy. The Board will comply with all requirements of New Hampshire law in this area and the New Hampshire requirements are incorporated into and made a part of this policy statement.
Section 1: Duties of the President
The President of the D.F.A. shall be responsible for presiding at all D.F.A. business, special or election meetings. The President shall personally supervise all D.F.A. activities and shall attend all league meetings and pose the D.F.A.'s vote at such meetings. The President shall have the power to appoint committees as the need arises and fill by temporary appointment, any elected office that becomes vacant for any reason. The President shall arbitrate all conflicts that may arise between members of the organization. He or She shall be responsible for imposing and enforcing any league disciplinary action voted on by the Board of Officers.
Section 2: Duties of the Vice-President
The Vice-President of the D.F.A. shall assume all duties of the President in the case of the President's absence. The Vice-President shall chair the registration committee and be responsible for all sign-ups. The Vice-President, in the absence of the President, shall attend all league meetings and assume all voting privileges of the President at such meetings. He or She shall also update the Constitution by annotating additions, deletions, and changes made by the membership.
Section 3: Duties of the Secretary
The Secretary of the D.F.A. shall take minutes and record attendance at all D.F.A. meetings. The Secretary shall maintain all records, including those turned in by the Coordinator, however, the Treasurer shall maintain the financial records. The Secretary shall handle all rosters books, changes to rosters, and Academic Awards, and maintain all files of the D.F.A. voting members and children who participate in the D.F.A. The Secretary shall oversee annual BOD election and by-law changes processes. The Secretary is responsible for securing all non game/practice facilities such as team and BOD meeting space.
Section 4: Duties of the Treasurer
The Treasurer of the D.F.A. shall receive and disburse all funds; maintain and preserve all vouchers, and all books of account, which shall be open to inspection by the Board of Officers. The Treasurer shall submit, in writing, financial reports to the Board of Officers monthly. Any checks written for one thousand dollars ($1,000.00) or more will require the signature of two (2) officers (President, VP or Secretary). The Treasurer shall arrange and end end of year audit; the cost of which shall be expensed by the D.F.A.
Section 5: Duties of the Registrar
The Registrar is responsible for coordinating all functions associated with the registration process including working with all other applicable board members directly linked to registration such as the Secretary, Treasurer, and Web/Com Coordinator. The registration process will remain the collective responsibility of the full BOD.
Section 6: Duties of FB & CH Coordinator
The Coach Coordinators shall act as a liaison between the Board of Officers and the Head Coaches. The Coach Coordinators shall coordinate the issuing and collection of all D.F.A. equipment, arrange practice times and fields for D.F.A. squads; and chair the coach search committee. Coordinators are also responsible for practice/game field setup and cleanup.
Section 7: Duties of FB & CH Assistant Coordinator
The Assistant Coach Coordinators shall assist the Coach Coordinator and assume all duties of the Coach Coordinator in the case of the Coach Coordinator's absence and shall represent the general membership of the D.F.A. by handling any additional responsibilities determined by the Board of Officers.
Section 8: Duties of Fund Raising, Web/Com, Merchandise, Concessions Coordinators
The above coordinators shall be responsible for coordinating all plans and activities associated with their respective duty but it is noted that the execution of these duties are NOT the sole responsibilities of the individuals voted and remain the collective duty of the Board, coaches, team parent(s) and general volunteers of the organization.
Article VIII - Removal from Office
Any officer may remove him or herself from office for any reason. An officer may also be removed by a three-fourths (3/4) vote of the Board of Officers. This dismissal of an officer must be ratified by a simple majority of the general membership at the next regularly or special meeting. A replacement will be nominated and elected to complete the term of the resigning member.
Article IX - Replacement of Officer
Should an officer resign or be removed by the process set forth in Article VIII, nomination and election of a replacement will take place at the next general or special meeting. Standard election procedures shall be exercised.
Article X - Coaches
Any person expressing an interest to Coach must submit an application to the D.F.A.'s post office box to be post marked by a designated date set forth by the Board of Officers or by hand or electronically to an applicable coordinator on or before the same designated date. All Head Coaches must be approved by the Board of Officers. All coaches shall serve for a one (1) year term. The Head Coach shall be responsible for designating an Assistant Head Coach, who will automatically succeed the Head Coach for the duration of his or her duties, should her or she be unable to carry on during the football season. The Assistant Head Coach shall be approved by a majority of the Board of Officers. The Head Caoch and the Assistant Head Coach must be at least twenty-one (21) years of age.
Section 1: Dismissal of Coaches
The Board of Officers for the D.F.A. may dismiss any coach by a simple majority vote.
Section 2: Rules
All Coaches will submit for approval by the D.F.A. Board, all Team/Parent rules prior to the distribution of such rules to parents. Said rules will be submitted directly to the Coach Coordinator for presentation to the D.F.A. Board for approval.
Article XI - Restrictions
The D.F.A. shall be a non-racial, nonpartisan, non-sectarian and shall abstain from political, labor affiliation or endorsement for public office.
Article XII - Insurance
The D.F.A. shall purchase adequate insurance coverage for all players, coaches, cheerleaders, the Board of Officers, volunteers and/or committee members. The D.F.A. shall purchase adequate insurance coverage to protect the organization's equipment. The D.F.A. shall have the Treasurer bonded.
Article XIII - Acquisition, Management of Property and Funds.
Section 1: Management
The President of the D.F.A. shall be responsible for the management and control of the organization's property.
Section 2: Funds
Funds may be raised by any method approved by the Board of Directors. Any unused funds raised for post season travel shall remain in the organization's travel fund at the end of the fiscal year (December 31st). The General Membership may vote to release all or any portion of the travel fund to the general fund by way of a simple majority vote of members present at the May general meeting only.
Section 3: Debts
The D.F.A. shall never pay, assume or become responsible for personal or unapproved debts or liabilities of any individual in the organization.
Article XIV - Awards
No awards, trophies or gifts shall be given or paid for by the D.F.A. to any individual player, cheerleader, coach or officer that will place that individual above any other individual in the D.F.A.
A) It is understood that awards may be issued to signify that a team was a Division Finalist, Division Champion, Conference Champion, State Champion, Regional Champion or National Champion or Nationally Ranked. In addition, awards may be issued to any cheerleading team that placed in the State Competition.
Article XV - Post Season Play
All post season play must be in accordance with the D.F.A. by-laws and the regulations set forth in the official league rules. Funding for post season play shall not come out of the D.F.A. General Fund. Post Season play shall be funded by one or more specific fundraisers designated to pay the cost of post season play.
Section 1: Eligibility
All teams in the D.F.A. will be eligible for post season play once voted on and approved by the D.F.A. Board of Officers.
Section 2: Implementation
A request for post season play must be voted on and approved by the participant’s parents and/or guardians once it has been approved by the D.F.A. Board of Officers.
Article XVI - Registration
Article XVII - Procedure for Amending By-Laws
Proposed amendments to the D.F.A. by-laws may be submitted by any member of the organization. The proposed change must be submitted in writing to the Secretary of the board on or before August 31. The proposed additions and/or amendments will be distributed for review by the general membership via email and/or website posting no less than 10 days prior to the September General Business Meeting to be held the 3rd Monday in September. Ratified amendments take effect 30 days from ratification. A 2/3 majority of voting members present shall be required to ratify any by-law.
Article XVIII - Dissolution
In the event of a dissolution of the D.F.A. as it is now chartered, any and all property owned by the D.F.A. shall be distributed to the Towns of Derry and Chester New Hampshire, as required by the office of the Secretary of State.
In the event the Towns of Derry and Chester New Hampshire, are unable or unwilling to receive the assets, they will be distributed for one or more exempt purposes within the meaning of Section 501 C (3) of the Internal Revenue Code, or corresponding section of any further tax code, or shall be distributed to the Federal Government, State or Local Government for a public purpose