The name of the division shall be the North Carolina Division of the United States Fencing Association (hereinafter referred to as “NCUSFA”).
1.2 Affiliation
NCUSFA is a duly chartered, subordinate constituent body of the United States Fencing Association, Inc. (hereinafter referred to as “USFA”), exercising powers given by, performing duties under, and subject to, the Charter and By-laws of the USFA, with jurisdiction over the geographic area of the State of North Carolina.
NCUSFA, an Affiliate Association of USFA, shall abide by and act in accord with the Articles of Incorporation, Bylaws, Rules and Regulations, Playing Rules and decisions of the Board of Directors of the USFA, and such documents and decisions shall take precedence over and supersede all similar governing documents and/or decisions of the NCUSFA. Further, the NCUSFA (i) shall assist USFA in the administration and enforcement of the provisions of the Bylaws, Rules and Regulations, Rule Book and decisions of the Board of Directors of USFA, within and upon its members and/or within its jurisdiction and (ii) agrees to be guided by the core values of the USFA as stated in their policies.
NCUSFA, an Affiliate Association of USFA shall indemnify and hold harmless USFA, the Board of Directors of USFA and each member thereof, the Executive Committee of USFA and each member thereof, the councils and committees of the USFA and each member thereof, and all other elected, appointed, employed or volunteer representatives of the USFA from any and all claims, liability, judgments, costs, attorneys’ fees charges and expenses whatsoever, arising from the acts and omissions of NCUSFA, except to the extent (i) that USFA or its previously described representatives caused such claims, liability, judgments, costs, attorney’s fees, charges or expenses by their own intentional neglect or default or (ii) that such acts or omissions were the direct result of compliance with the Articles of Incorporation, Bylaws, Rules and Regulations, Rule Book, or decisions of the Board of Directors of the USFA. Further, the NCUSFA understands and acknowledges that the USFA and its previously described representatives have assumed such assignment, function, office or capacity upon the express understanding, agreement and condition that they be so indemnified and held harmless to the extent described in this bylaw.
Our mission is to promote the sport of fencing in North Carolina by facilitating:
i) A strong sense of community amongst our NCUSFA members and member clubs,
ii) Educational opportunities for fencers, referees, coaches, and armorers, and
iii) Holding quality qualifying events for National tournaments
To raise the standard of North Carolina fencing, fencing events,
to raise the standard and quality of tournaments,
and to build unity and alliances among NCUSFA clubs
Any member of the USFA in good standing who is a member of a club within NCUSFA or has a permanent address within North Carolina is eligible for membership in the NCUSFA. All registered members of NCUSFA, as a condition of membership in good standing with NCUSFA, shall also be required to be “Registered Members” in good standing of the USFA. No member of the NCUSFA may be a member of any other division of the USFA.
3.2 Transfer of membership:
Membership may be transferred into the NCUSFA provided that the transferee is a current valid member of the USFA.
Any member in good standing, eighteen (18) years or older at the time of a membership meeting, shall be qualified to vote (note limitation for proxy voting in Article 5 Section 5).
3.4 Dues:
Annual national membership dues shall be in accordance with those prescribed in the Constitution and By-laws of the USFA for various classifications of membership. The NCUSFA may, upon majority vote of the membership, add an additional fee for dues for Divisional expenses.
The officers of the division shall consist of a Chairperson, two Vice-Chairpersons, a Secretary, and a Treasurer. The term of each officer shall be for one year starting August 1st of the year of their election and ending July 31st of the first year following their election.
The Chairperson shall be the face of the Division. The Chairperson shall make every reasonable effort to be visible at division sponsored and sanctioned events.
The chairperson shall preside over all meetings of the Division and its Executive Committee.
The chairperson shall be responsible for filing with the Secretary and the Treasurer of the USFA the annual reports as required by the USFA bylaws and the standing votes of the USFA Board of Directors.
The chairperson shall be ex-officio member of all committees.
The chairperson or the chairperson’s designee shall be the official divisional representative at all National and Sectional events and meetings.
The chairperson will ensure that the website is kept current, and will determine the best person to keep the website updated; this person may be an officer, a Congress representative or alternate, or a member of the board especially appointed for this purpose.
4.2 Vice-Chairperson of Coaching and Referee Development
The Vice-Chairperson shall in the absence or disability of the Chairperson perform all duties of the Chairperson and any further duties that the chairperson should assign.
The Vice-Chairperson shall be responsible for storage and transportation of Division owned the weights, shims, clipboards, and other miscellaneous supplies to and from all division run events.
The Vice-Chairperson shall be in charge of scheduling the 4 required meetings of the Executive Committee throughout the year.
The Vice-Chairperson shall organize one referee clinic, preferably at the beginning of the season, and one coaching clinic each season.
4.3 Vice-Chairperson of Youth Development
The Vice-Chairperson shall be in charge of the Junior Olympic Qualifying Tournament Committee. He/she shall also be in charge of organizing RYC events throughout the state and the general promotion of Y-10, Y-12, Y-14, Cadet, and Youth fencing.
The Secretary shall draft minutes for all Executive Committee and Division meetings, and shall ensure that the proceedings of these bodies are available to the membership. The Secretary shall make all initial decisions regarding questions of membership status, rights and privileges, qualification to fence in competitions sanctioned by the USFA, and ratings of competitors (including filing changes to those ratings resulting from Division tournaments as needed).
The Secretary shall receive and disseminate information according to the decisions of the Executive Committee and to maintain the membership records of the division. The Secretary may, with the approval of the Executive Committee, delegate the dissemination of this information to a Communications Committee. The Secretary shall be responsible for submitting sanctioned tournament results from tournaments run in the Division to the USFA.
The Treasurer shall, with the assistance of the Executive Committee, present a budget
for the following fiscal year (August 1-July 31) at the Divisional Annual meeting. Changes made upon the budget shall be presented at the next Annual meeting. The Treasurer shall keep the accounts of the Division, receive all monies and preserve all vouchers for such disbursements. The Treasurer shall, at the annual meeting of the Division, submit a report of the financial transactions of the preceding period. All disbursements will be made by check from the Divisional checking account or cash provided a signed, itemized receipt is presented. Such disbursements must be supported by receipts stating the nature of the transaction and the payee. No amount above $250 may be disbursed without Executive Committee approval. No amounts over $1000 that have not already been approved as part of the budget presented at the annual meeting, may be disbursed without the approval of the Division membership by majority vote, except for costs of hosting divisional events. Said vote may be taken by either mail or at a membership meeting. The Treasurer will provide upon written request of at least ten (10) members of the Division current financial records within one (1) month of the request. The Treasurer shall perform such other duties as may be assigned by the Chairperson of The Division or other proper authority.
The immediate past chair is an automatic ex-officio member of the Executive Committee and advisor to the Board with a vote for one year.
4.7 Representatives and Alternates to the USFA Congress
The Representatives and alternates to the USFA Congress are those members chosen to attend USFA Congress meetings as the voice of the division. Their number will vary due to division membership levels in accordance with the by-laws of the USFA. They will serve as members of the Executive Committee within the division and be subject to those term limits. They shall serve the same term of August 1st to July 31st of the year following their election as do the officers of the division.
4.8 Removal of Division Officers
A written petition requesting a removal election signed by 30% of the Division members eligible to vote representing at least three clubs shall be delivered to the Division Secretary, unless the Division Secretary is the target of the removal election in which case it shall be delivered to the Chairperson or Vice Chairperson of the Division. A vote by the membership shall then be conducted as to whether the particular officer should be removed from office. In the event a majority of the votes cast in a secret ballot favors removal, the officer shall be deemed removed from office. The election may be held at either an Annual meeting or a special meeting of the Divisional membership, or may be held by mail using the procedures set forth in article 9.
No person may serve more than 3 consecutive years as an officer. No person may serve more than 5 consecutive years on the Executive Committee.
5 Management by the Executive Committee
The Executive Committee shall be the ultimate governing authority of the division. The Executive Committee shall consist of the Officers of the Division, the Members of the USFA Congress, the Alternate Members of the USFA Congress, and any At-Large members who may be appointed by the Executive Committee for their technical expertise. Appointed At-Large members of the Executive Committee cannot make up more than 1/3 of the total size of the Executive Committee. All members of the Executive Committee shall have a vote on the business of the Executive Committee.
A quorum shall consist of one third (1/3) of the voting members of the Executive Committee or 4 members, whichever number is larger.
The Executive Committee shall meet at least four times a year as scheduled by the Vice-Chairperson of coaching and referee development in consultation with the Executive Committee. The first meeting shall be on or before the August Meeting of the Membership. This meeting shall include the proposed schedule for the first half of the year and the proposed budget, to be approved by the Executive Committee and presented to the membership at the August Meeting of the Membership.
The second meeting shall be on or before the 3rd weekend in October. This meeting shall be a strategic planning retreat and shall include the proposed schedule for the second half of the year.
The third meeting shall be on or before the 4th weekend in February. This meeting shall include a proposed slate of candidates suggested by the nominating committee.
The fourth meeting shall be on or before the 4th weekend of June. This meeting shall include a discussion of the division’s aims in the upcoming year for consideration of the budget committee in preparation of the following year’s budget. New members of the Executive Committee who shall be serving in the next year shall be welcome to attend this meeting, but they shall not have a vote nor shall they count towards a quorum.
Meetings may also be called upon the written request of 4 voting members of the Committee. All members must receive at least two weeks prior notice of all Executive Committee meetings.
Additional business of the Executive Committee may be conducted either by teleconference or by email, as seen fit by the Executive Committee, provided a quorum is established for all votes on additional business.
5.4 Removal of Members of the Executive Committee
Any member of the Executive Committee (other than officers, for
whom provision is made in 4.6) who fails to perform his duties
may be removed from the Committee by the following procedures:
(a) Written notification of the causes for removal must be provided to each member of Executive Committee.
(b) At any meeting at which the removal of a member (officers excluded) will
be contemplated, at least three-fourths of the total voting membership of
the Committee must be present.
(c) A member so charged has the right to appear at the meeting and present
arguments against removal, but may not vote on this question.
(d) At least two-thirds of the members present must vote for removal for it
to take effect.
5.5 Replacement of Members of the Executive Committee
The Executive Committee may replace a member who has resigned, has been removed by the foregoing procedure, removed by the USFA, or fill a vacancy due the lack of a candidate for a position using the following method:
(a) At any Executive Committee meeting where a new member is to be voted
upon, at least three-quarters of the voting members remaining must be present.
(b) The proposed new member must be approved by a two-thirds vote.
The Executive Committee may delegate certain of its powers to committees but it shall at all times retain authority over their action. In addition to the committees set forth below, the Executive Committee, by resolution duly adopted, may designate such other committees as it may deem appropriate. The Executive Committee shall appoint all committees. All committees shall regularly report to the Executive committee.
The Nominating Committee’s mandate shall be to find candidates among the Division membership who will be willing to donate their time in the service of the Division.
The Executive Committee shall appoint the Nominating Committee. It shall consist of not less than three members. No two members of the Nominating Committee may be members of the same club. The Executive Committee shall appoint members of the Nominating Committee who are based in centers fencing population in the division. The Executive Committee shall endeavor to include representatives of several fencing constituencies on the Nominating Committee. The Executive Committee shall empanel the Nominating Committee on or before November 31st. If the Executive Committee fails to appoint the Nominating Committee by November 31st, the Chairperson shall appoint the Nominating Committee, following the aforementioned guidelines and restrictions, by December 31st.
The Nominating Committee shall be responsible for the timely selection of a slate of candidates for the Officers of the Division, and Representatives to the USFA Congress. The Nominating Committee shall endeavor to nominate at least two candidates for every vacancy and twice as many candidates for Congress Representative as the Division is allotted by the USFA.
The Nominating Committee shall meet on or before January 31st of the current competitive year. The Nominating Committee shall submit its slate of candidates to the Executive Committee at the February Executive Committee meeting for approval. The slate of candidates shall be distributed to the Membership at least a month prior to the Elections.
6.2 Tournament Governance Committee
The Tournament Governance Committee shall consist of at least three members, and shall be empanelled by the Executive Committee. The Executive Committee shall ensure that the members of the Tournament Governance Committee have a thorough understanding of the rules and regulations of the USFA. The Tournament Governance Committee shall be empanelled during the first Executive Committee meeting.
The Tournament Governance Committee shall establish such rules and policies as are necessary to ensure all events sanctioned by the Division are run in accordance with the rules and regulations of the USFA.
The Tournament Governance Committee shall be responsible for observing all division sanctioned tournament or appointing division sanctioned tournament observers. In the event of an observed infraction at a sanctioned tournament, the Tournament Governance Committee shall investigate the incident and recommend any corrective action necessary to the Executive Committee. This corrective action may include, but is not limited to: a warning to a club or individual(s), a probationary period for a club or individual(s), or, in an extreme situation, a refusal to sanction future events involving a club or individual(s).
All corrective action must be voted on by the Executive Committee. A representative of the club or individual(s) accused of the infraction shall be invited to give evidence to the Executive Committee. The observer who witnessed the infraction shall be required to give evidence to the Executive Committee. The Executive Committee may also call further witnesses. A two-thirds (2/3) vote of the Executive Committee shall be necessary to enact any corrective action.
The Scheduling Committee shall consist of at least three members, and shall be empanelled by the Executive Committee. The Scheduling Committee shall represent at least three different clubs. The Executive Committee shall endeavor to appoint members of the Scheduling Committee who represent different fencing constituencies of the Division.
The Scheduling Committee shall create and recommend to the Executive Committee a schedule of sanctioned events. The recommended schedule for a year shall be presented to the Executive Committee in two parts. The first part, consisting of events from August 1st to December 31st of the current year shall be presented to the Executive Committee prior to the August meeting of the Executive Committee. The second part, consisting of events from January 1st to July 31st of the following year shall be presented to the Executive Committee at the October meeting of the Executive Committee.
Clubs or individuals wishing to host a tournament sanctioned by the division shall submit their requests for August 31st through December 31st of the current year by July 15th of the current year. Clubs or individuals wishing to host a tournament sanctioned by the division shall submit their requests for January 1st through July 31st of the following year by October 1st of the current year.
In approving an event to be scheduled, the Scheduling Committee shall not recommend for sanctioning any event where there is not a reasonable expectation that the event shall be run according to the rules and standards as promulgated by the Tournament Governance Committee. The Scheduling Committee shall work with the Tournament Governance Committee to ensure all events it recommends for sanctioning shall be observed by the Tournament Governance Committee or one of its sanctioned tournament observers.
The Scheduling Committee shall endeavor to serve the many diverse fencing constituencies (NCAA, youth, etc.) and regions of the Division as possible in the events they recommend for sanctioning. The Scheduling Committee shall attempt to minimize conflicting events. The Scheduling Committee shall have as its standard: Quality and Diversity, not quantity.
Clubs or individuals wishing to host an event during a period for which the schedule has already been approved by the Executive Committee and promulgated to the division must present their request to the Scheduling Committee at least 4 weeks prior to the proposed date for their event. The club or individuals requesting late sanctioning must arrange for tournament observation with the Tournament Governance Committee or one of its sanctioned tournament observers. Upon the fulfillment of the aforementioned requirements, the Scheduling Committee shall evaluate the late tournament proposal and in the event that it promotes the standards of the Scheduling Committee, the Scheduling Committee shall make a good faith effort to recommend to the Executive Committee for approval all events that do not conflict with an already scheduled event.
6.4 Junior Olympic Qualifying Tournament Committee
The Junior Olympic Qualifying Tournament Committee shall be responsible for organizing and, with the assistance of the Executive Committee, running the Divisional Qualifying Tournament for the National Junior Olympics Competition.
The Junior Olympic Qualifying Tournament Committee (JO Committee) shall consist of at least four members appointed by the Executive Committee. The members of the JO Committee shall include a Chairperson (The Vice-Chairperson for Youth Development), a Referee Assigner, a Public Relations Liaison, and a Head Armorer. The members of the JO Committee shall be appointed by the Executive Committee with these rolls in mind. The Executive Committee shall attempt to promote continuity between the current year’s JO Committee and the previous year’s JO Committee by appointing members of the previous year’s JO Committee to this year’s JO Committee, as it sees fit. The JO Committee shall be empanelled during the August Executive Committee meeting.
Following the successful completion of the Junior Olympic Qualifying Tournament, the JO Committee shall begin planning the following year’s Junior Olympic Qualifying Tournament. The JO Committee should determine prospective locations and dates for the following year’s Junior Olympic Qualifying Tournament. With approval of the Executive Committee, the JO Committee shall make whatever reservations and or deposits may be necessary for the following year’s Junior Olympic Qualifying Tournament.
The JO Committee shall create and maintain a Best Practices document to be passed on to future year’s JO Committees in order that past mistakes may be avoided and past successes, repeated.
6.5 Nationals Qualifying Tournament Committee
The National Qualifier Tournament Committee shall be responsible for organizing and, with the assistance of the Executive Committee, running the Team, Youth, Divisions II and III Qualifying Tournaments for the USFA Summer Nationals Competition. This committee may be split into subcommittees, if the qualifying events are split onto separate weekends and/or venues.
The National Qualifier Tournament Committee shall consist of at least four members appointed by the Executive Committee. The members shall include a Chairperson, a Referee Assigner, a Public Relations Liaison, and a Head Armorer. The members of this Committee shall be appointed by the Executive Committee with these roles in mind. The Executive Committee shall attempt to promote continuity between the current and previous year’s Committee. The National Qualifier Committee shall be empanelled during the August Executive Committee meeting.
Following the successful completion of the National Qualifying Tournament, the Committee shall begin planning the following year’s National Qualifying Tournament. The Committee should determine prospective locations and dates for the following year’s events. With approval of the Executive Committee, the Committee shall make whatever reservations and or deposits may be necessary for the following year’s tournament(s).
The Committee shall create and maintain a Best Practices document to be passed on to future year’s Committees in order that past mistakes may be avoided and past successes, repeated.
The Development Committee shall be responsible, under the direction of the Executive Committee, for organizing and publicizing workshops, clinics, and seminars for referees, coaches, teachers, and armorers.
The mission of the Development Committee is to develop the support staff of the Division in order to provide a higher quality fencing experience in NC.
The Development Committee shall consist of not less than 4 members appointed by the Executive Committee. The Executive Committee shall make every effort to include referees, armorers, coaches, and fencing parents on the Development Committee. The Vice-Chairperson of Coaching and Referee Development shall serve as the chair of this committee.
There will be a minimum of two meetings per year that are open to all NCUSFA members at which time any action(s) or policy(s) adopted or requested to be adopted by the Executive Committee shall be reported to the membership.
The first will be called by August 31st and will have as a primary purpose the distribution of the schedule for the first half of the year and the announcement of the dates and locations of the Junior Olympic Qualifiers and the qualifiers for USFA Summer Nationals.
The official Annual Meeting of the Division will be held prior to June 1 for the purpose of electing the following year’s officers.
Nominations for officers will be solicited from the membership in advance of the meeting by the Nominating Committee. Nominations may also be made in writing to the Chairperson 35 days prior to the Annual Meeting of the Division.
Other Division business will be conducted at these meetings as needed. Members shall be given notice of this meeting at least 30 days in advance. To achieve a quorum, the meeting must (a) consist of twenty-five (25) voting members present in person or by proxy, and (b) include representation in person or by proxy of at least 3 NCUSFA member clubs. Members of the Executive Committee and Congress Representatives must be elected at the Annual Meeting.
To be eligible to be an executive officer, individuals must be 18 years or older as of February 1 of the membership year and must be a verifiable member in good standing of the NCUSFA as of February 1 of the membership year.
Candidates for all offices established under these Bylaws may be nominated by the Nominating Committee, in writing to the Chairperson 30 days prior to the Annual Meeting of the NCUSFA, or may be nominated from the floor at the Annual Meeting of the NCUSFA.
8.3 Election Process:
Elections shall be held at the Spring Annual Meeting of the NCUSFA. Current USFA members in good standing over the age of 18 are voting members of the NCUSFA. Seven voting members of the Division constitute a quorum. Each registered member of NCUSFA shall be entitled to one vote in the process adopted by NCUSFA for the election of its Executive Committee. The process adopted by NCUSFA for the election of its Executive Committee shall be based upon the premise that each registered member of NCUSFA shall be entitled to one vote. The manner of any voting by proxy shall be stated in these bylaws and shall be subject to the approval of the Executive Committee of USFA.
Officers:
If no more than one (1) nomination is made for any office, the Secretary of the NCUSFA shall cast a unanimous ballot at the Annual Meeting for the candidate nominated. If two (2) or more nominations are made for any office, the candidate receiving the majority of the votes cast shall be declared elected. Written ballots shall be used. In the event that three (3) or more candidates are nominated for any office, and no candidate receives a majority vote, a run-off election shall be conducted between the two candidates receiving the most ballots on the first round, and the winner shall be declared elected. If the voting in either a regular or run-off election for any office results in a tie, a lot shall be cast, and the winner declared elected. All ballots shall be secret.
Congress Representatives:
Ballots shall be distributed with all candidates nominated for Congress. Each voting member shall mark on their ballots their choices for Congress Representation. Each member shall have votes numbering the allotted Congress Representation based upon the Division Membership. Ballots with more than the number of representation marked shall be disregarded. The candidates for Congress shall be ranked based upon the number of votes they have received. The Congress Representative positions shall be filled from the top ranked candidates in order of the results. The Alternates for Congress shall be filled from the next number of Congress Representatives in order of the results. In the event of a tie that straddles the line between Representative and Alternate or Alternate and not being elected, a run off election may be held between the candidates who are tied. All ballots shall be secret.
8.4 Proxies:
Members in good standing may vote by proxy for election of Executive Committee members and of NCUSFA delegates to the USFA. Those members may give their proxy to any other member in good standing of the NCUSFA. All proxies shall be in writing and shall be submitted for verification to the Secretary of the NCUSFA not less than seventy-two (72) hours prior to the Annual Meeting. The person designated in the proxy must attend the Annual Meeting in order to exercise the proxy. The Chairperson may also exercise proxies.
9 Financial Reports, Dues, and Assessments
NCUSFA shall provide to the Executive Director of USFA an annual financial report of operations, and all dues and assessments by NCUSFA shall be reasonable in relation to the programs it offers to its members.
10 Publication of Constitution and Bylaws
NCUSFA shall annually distribute to its members copies of its constitution, bylaws, and other governing documents and all amendments thereto. Copies shall also be available upon request. A copy shall also be available on the Division web site.
11 Equal Opportunity/Automatic Suspension of Athletes Without a Hearing
NCUSFA must provide an equal competitive opportunity taking into account ability, physical size, and other athletic criteria, to amateur athletes, coaches, trainers, managers, administrators, and officials to participate, consistent with the requirements of the Amateur Sports Act of 1978, as amended, in amateur athletic competition without discrimination on the basis of race, color, religion, resolution of grievances of its members, including fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring such individual ineligible to participate.
12 Insurance
12.1 General Insurance:
NCUSFA agrees, at all times throughout the term of this Agreement, to be covered by the general liability insurance policy maintained by USFA. USFA shall inform NCUSFA of the limits of that policy, and of the changes to those limits which may be made by USFA at its sole prerogative. NCUSFA retains the right to obtain whatever additional insurance coverage it ay desire, at its own expense, but agrees to name USFA as an additional insured thereof. By purchasing and maintaining the aforementioned and general liability insurance policy, USFA does not assume, and indeed disclaims, any liability for any actions or omissions of NCUSFA.
12.2 Directors and Officers Insurance
NCUSFA agrees to use reasonable efforts to purchase, acquire or provide and maintain in full force and effect at all times, directors and officers liability insurance, and (to the extent such insurance is not obtained through USFA) name USFA as an additional insured there under.
13 501 (c)(3) Status
NCUSFA shall at all times during the term of this Agreement maintain its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code, and shall cooperate with USFA in the event that USFA and NCUSFA deem it advisable for NCUSFA to be included in a group exemption letter.
14 Abuse
NCUSFA shall adopt policies prohibiting sexual and physical abuse that meet certain minimum criteria established by USFA (subject to any contrary requirements contained in state or local law applicable to NCUSFA). The NCUSFA shall follow the USOC code of ethics and Harassment policy.
15 Amendments
Amendments to these bylaws will be by a simple majority of those present and voting at a membership meeting. Proposals to change these by-laws will be presented to the eligible voters in writing at least 30 days in advance of the vote.
16 Parliamentary Authority
Robert’s Rules of Order Newly Revised shall govern NCUSFA in all cases.