BY-LAWS OF THE
(AS AMENDED 9/13/2009)
ARTICLE ONE - NAME
The name of this
organization is the “
The purposes of the Board are as follows:
1. Development of standards. To develop high standards in our National pastime through character and citizenship, and to encourage good, clean competition;
2. Promotion of baseball. To promote the welfare of the game of baseball, its players, and umpires;
3. Provide high quality umpiring. To provide the highest standard of baseball umpiring; and
4. Rules study. To study the administration and revision of the rules, particularly from the standpoint of the umpire.
Section 1. Membership of the Board.
The Board consists of:
A. Active Members: Those members who fulfill the requirements of membership and who qualify, pursuant to these By-Laws, to work games;
B. Associate Members: Those members who have qualified to be members but who elect, unless an emergency exists, to be non-working umpires;
C. Apprentice
Members: Those members who are between 16 and 18 years of age who qualify
for Apprentice Member status by complying with the requirements of Article
Three, Section Two, Subsection C;
D. Honorary Members: Those members selected by the Board for outstanding service to the game of baseball; and
E. Life Members: Those members voted to that status by the Executive Committee in reward for outstanding service and dedication to the game of baseball and to the Board.
Section 2. Membership requirements and rights.
A person may be a member of the Board as established in this section.
A. Active Member. An Active Member is entitled to work games and to be listed on the Board roster. An Active Member is entitled to vote at Board meetings. An Active Member is entitled to insurance coverage for the year during which the person is an Active Member.
(1) Examination. Annually, every Active Member shall sit for a closed-book, 50-question exam prepared by the Examination Committee and administered by the Interpreter. The exam is given on the same day as the Rules Clinic. An Active Member who cannot attend the regular exam may, with prior approval of the Executive Committee, take a make-up exam administered in the same manner on the day of the Make-Up Rules Clinic. An Active Member who fails to take either the exam or the make-up exam will receive a score of "0" and is subject to a fine in the amount of $25.
(2) New member application. A person may become an Active Member by fulfilling the following requirements:
(a) The applicant must be at least 18 years of age;
(b) The applicant must be and of high morals and excellent character. A person who has been convicted of a crime involving dishonesty or violence or that involved or was directed at a child is ineligible for membership. An applicant may ask that this disqualification be waived by the Executive Committee upon a showing of all of the following:
(i) The conviction was for dishonesty or violence;
(ii) The conviction constituted a misdemeanor;
(iii) The conviction occurred more than 10 years prior to application to the Board; and
(iv) Sufficient evidence of rehabilitation accompanies the application.
(c) The applicant shall submit a properly prepared application and a fee of $60 and be approved by the Executive Committee; and
(d) The applicant must pass written and field exams conducted by the Examination Committee. An applicant who fails either exam will be refunded $30.
An applicant who meets all the requirements of this paragraph becomes an Active Member.
B. Associate Member. An Associate Member is a former Active Member who pays associate dues but who is not entitled to work games except in an emergency. An Associate Member is not entitled to vote. An Associate Member may regain status as an Active Member by requesting such a change through the Secretary/Treasurer, tendering the difference in dues plus a late fee of $5 per month from October 1st to the date of the request, attending all meetings and clinics for the year of the reinstatement request as specified in Article Five, Section 3, subsection A and taking the examination. An Associate Member who requests reinstatement to Active Member status after the start of seasonal play is not entitled to insurance coverage for that year.
C. Apprentice Member. An Apprentice Member is a person between 16 and 18 years of age. An Apprentice Member is subject to the following requirements.
(1) The applicant for Apprentice Member status must take and pass a written and field exam by attaining a score of at least 70 percent.
(2) After the first year of Apprentice Member status, a continuing Apprentice shall complete the closed-book exam administered by the Interpreter at the same time as the Active Members. An Apprentice Member who fails to take the exam receives a "0" for a score and is subject to a fine of $25. An Apprentice Member who fails to pay the fine may not be assigned any games for the current season.
(3) An applicant must submit a properly prepared application and submit a fee of $30 and be approved by the Executive Committee. If the applicant fails the written or field exam, the applicant must be refunded $15 of the application fee. This paragraph applies to applicants beginning January 1, 2008.
(4) An Apprentice Member is subject to the requirements of these By-Laws, with the exception of the minimum age of 18 years, including the dress code, the good morals code as specified in Article Three, Section Five, and attendance at all meetings and clinics as is required for Active Members.
(5) An Apprentice Member is prohibited from working Board-assigned games alone and may work games only when accompanied by an Active Member.
(6) An Apprentice Member may not be assigned any games at the Varsity school level. For non-school games, an Apprentice Member may only be assigned games in Babe Ruth, Little League and Frozen Ropes leagues.
(7) An Apprentice Member may not be assigned a game if there are 2 Active Members available to work that game.
(8) Upon
attaining 18 years of age, an Apprentice Member may apply for and be granted
Active Member status, subject to all the requirements for Active Members.
D. Probationary Member. A Probationary Member is an applicant who fails the written exam but attains a score between 60 and 70 percent on the exam. A person may not be a Probationary Member for more than one year. If the Probationary Member fails the written exam again, the probationary membership must be terminated. A Probationary Member is not entitled to vote and may not wear the Board patch. A Probationary Member may work freshman, junior high or sub-Legion games but only when accompanied by an Active Member and when another Active Member is not available. A Probationary Member must comply with all rules and regulations of the Board.
E. Life member. A Life Member is a member who has served as President, Vice President, or Secretary/Treasurer and has completed at least 20 years as an Active Member. The Executive Committee may, at its discretion, waive the length of service requirement when ill health prevents a member from meeting that requirement.
Section Three. Lapse of
Membership; Reinstatement.
A former member whose membership has lapsed due to nonpayment of annual dues shall be reinstated if that former member:
A. Exams. Takes and passes both the written and field exam. The field exam may be waived by the Examination Committee; and
B. Dues and late charges. Pays all outstanding dues and late charges as specified in Article Four.
Section
Four. Transfer or Acceptance of Umpires.
A. Transfer from another board. The board may accept as an active member any umpire
accredited as an active umpire in good standing with any similar approved
baseball umpires organization or association. The transferring umpire shall
submit evidence of prior membership status in writing from an officer of the
transferring umpire's prior association together with dues for the current
year. The Executive Committee may choose to examine the umpire, and if
satisfied, accept the umpire's application.
B. Acceptance of trained umpire.
The board may accept as an active member a person who has completed a
recognized umpire certification course. The person shall submit proof of
satisfactory completion of the course to the Executive Committee together with
dues for the current year. The Executive Committee may choose to examine the
person, and if satisfied, accept the person as an active member of the board. This
subsection may not be interpreted to override any other requirement in these
by-laws regarding reinstatement by a former member of this Board.
Section Five. Good moral character.
A member of the
Board must be of good moral character. A member of the Board or an
applicant is subject to expulsion from the Board or denial of membership if the
Executive Committee receives evidence that it determines accurate that the
member or applicant is not of good moral character or reputation, including
evidence that the person had charges filed or proceedings instituted against
that person because of conduct reflecting on that person’s character.
A current member who is charged with a crime of dishonesty or violence or that
involved or was directed at a child shall be suspended pending resolution of
the charged offense. If convicted, the member ceases to be a member of
the Board and is not eligible for membership unless the member meets all the
requirements of Article Three, Section 2, Subsection A.
Dues for Active Members are determined by the Board and are payable for the following season at the September Business Meeting. Dues for an Associate Member and an Apprentice Member are 50% of the dues for an Active Member. After the September Business Meeting, a late fee of $5 per month is assessed on any late payment. A member who does not pay the required dues and any late charge by the following January 1st shall be expelled from the Board. Members removed from the Board as of January 1st for nonpayment are not entitled to insurance coverage and shall not be listed on the Board roster until reinstated pursuant to Article Three, Section Three.
Section One. Business Meetings.
A Business Meeting must be held each year on the 3rd Sunday in March, first Sunday in June and the 2nd Sunday in September. A special meeting may be called at any time by 4 members of the Executive Committee upon 3 days written notice to the Board by the Secretary/Treasurer.
Section Two. Clinics.
A. Rules Clinic. A mandatory Rules Clinic must be held on a Sunday in March, as determined by the Executive Committee. This mandatory Rules Clinic must address new rules, issues based upon the rules interpreter’s review of the mandatory exam, and any other similar issues the rules interpreter considers appropriate. The approximate duration of the clinic is one to 2 hours.
B. Mechanics Clinic. A mandatory Mechanics Clinic must be held immediately prior to each season on a date determined by the Rules Interpreter. The purpose of the clinic is to allow members to review umpiring mechanics. The clinic may be held at multiple sites on the same date; attendance is mandatory at one of the sites. The approximate duration of the clinic is one to 2 hours.
C. Make-up Rules Clinic. A Make-up Rules Clinic must be held on a Sunday in April. The subject of this clinic will be the same as that held under subsection A.
D. Season Clinics. A Season Clinic must be held on a Sunday in April and 2 Sundays in May. These clinics are held at multiple sites and must address those items the Rules Interpreter considers appropriate, including a review of Summer rules and rule differences. The approximate duration of the clinic is one to 2 hours.
E. Rules Review Clinic. A series of Rules Review clinics must be held starting in February of each year. Board Members and prospective new members may attend. The Rules Interpreter will discuss and explain different sections of the rule book.
F. Play-off Mechanics Clinic. One clinic stressing 3-man and 4-man mechanics, as well as any rules changes for the MPA play-offs must be held in May or June on a date and at a site to be determined by the Executive Committee. This clinic is mandatory for all members who wish to be considered for a MPA play-off assignment but is open to all members. A member who fails to attend the clinic without prior approval of the Executive Committee is prohibited from being assigned to or working a MPA play-off game for that year. The approximate duration of the clinic is one to 2 hours.
Section Three. Attendance;
waiver
A. Attendance. A member shall attend each year:
(1) The mandatory Rules Clinic or Make-up Rules Clinic;
(2) The mandatory Mechanics Clinic;
(3) One Business Meeting; and
(4) One Season Clinic. An Active Member with 10 or more years of service on the Board is exempt from attendance at a season clinic.
The Secretary/Treasurer shall publish and make available to the members a schedule of the meetings and clinics to assist members of the Board determine which clinics or meetings to attend.
B. Request for waiver from attendance. A member may be excused from attendance at one or more of the meetings or clinics if the member, prior to the meeting or clinic, applies in writing to the Executive Committee for a waiver from attendance and demonstrates good cause for the waiver. The Executive Committee, upon a finding of good cause, may waive the clinic or meeting attendance requirements. A letter of excusal received after the clinic or meeting for which the waiver is requested may be accepted only in exceptional circumstances, as determined by the Executive Committee.
A quorum at all meetings of the Board consists of 15 Active members in good standing.
ARTICLE
SEVEN -- OFFICERS AND COMMITTEES
Section One. Officers.
The officers of the Board are:
A. President;
B. First Vice President;
C. Second Vice President;
D. Secretary/Treasurer; and
E. Rules Interpreter.
Section Two. Duties of
Officers and Stipends.
A. President. The President shall preside over all meetings and be a member ex-officio of all standing committees. The president, within 30 days of election to office, shall appoint the members and a chairperson for each standing committee, except for the Executive Committee which is determined pursuant to Section Four, Subsection A. The president shall serve as chairperson of the Executive Committee.
B. First Vice President. The 1st Vice-President shall assume the duties of the President in the absence of the President.
C. Second Vice President. The 2nd Vice-President shall assume the duties of the 1st Vice-President in the absence or other obligation of the 1st Vice-President.
D. Secretary/Treasurer. The Secretary/Treasurer shall handle all correspondence and all funds received and expended by the Board. The Secretary/Treasurer shall also keep an accurate record of the proceedings at all meetings of the Executive Committee and the Board. The Secretary/Treasurer must be paid a stipend of $750 per annum.
E. Rules Interpreter. The Rules Interpreter is responsible for the planning and conduct of all clinics and shall give official rules interpretations when asked. The Rules Interpreter is a member of the Executive Committee and must be paid a stipend of $450 per annum.
Section Three. Election
of Officers; term of office.
All officers shall be elected at the March Business Meeting, take office on the day of election, and serve until the next election, except that the 4 members elected to the Executive Committee serve 2-year terms as follows: Two must be elected to a term beginning with the March Business Meeting held in an odd numbered year and concluding at the next March Business Meeting held in an odd numbered year; and 2 must be elected to a term beginning with the March Business Meeting held in an even numbered year and concluding at the next March Business Meeting held in an even numbered year.
Section Four. Standing
Committees.
The President shall appoint the membership of the standing committees, except for members of the Executive Committee and the Examination Committee, to serve terms concurrent with the term of the president. If the President fails to make the appointments within 30 days of election to office, the Executive Committee shall make the appointments within 10 days after the date by which the President was required to make the appointments.
Standing Committee members shall meet at the request of the chairperson to execute the responsibilities of those members’ committee. A meeting of a committee may be called at any time by 2/3 of the membership of that standing committee. The chairperson or other member designated by the membership of that standing committee shall notify the members of the date, time and location of the committee meeting at least 2 days prior to a meeting unless an emergency, as determined by the chairperson or 2/3 of the membership of that committee, requires an earlier meeting.
A member of a standing committee who fails to attend 2 meetings of that committee without a valid excuse, as determined by that committee’s chairperson, shall be removed as a member of that committee. If the chairperson is in violation of this rule, a majority of the Executive Board may act to remove the chairperson and the President shall appoint a new chairperson from the Active Members.
If a committee member is removed or resigns from a standing committee, the remaining members of that committee, in consultation with the President, shall appoint a substitute member to the committee, who must be an Active Member, to serve the remaining term of the appointment.
The following are the standing committees of the Board.
A. Executive Committee. The Executive Committee consists of 11 members, as follows:
(1) The 5 officers;
(2) The immediate past President of the Board;
(3) The Assignor, who is a non-voting member; and
(4) Four other members, elected by the Board.
The Executive Committee shall act as the Board of Directors of the Board.
B. Examination Committee. The Examination Committee consists of the President, First Vice President, Second Vice President, the Secretary/Treasurer, and the Interpreter. The Examination Committee is responsible for administration of the written and field examinations and shall determine whether an applicant has successfully passed those examinations.
C. Finance Committee. The Finance Committee consists of 3 Active Members. The Finance Committee shall review and approve the books of the Secretary/Treasurer and report its findings at the annual meeting held in March.
D. Nominating Committee. The Nominating Committee consists of 5 Active Members whose duty is to present a slate of officers for consideration by the Board at the Business Meeting held in March.
E. Ethics Committee. The Ethics Committee consists of 5 Active Members, at least one of whom is a member of the Executive Committee. The Ethics Committee shall conduct hearings on all violations of these by-laws or of the other rules and regulations of the Board and shall impose such penalties as are appropriate. An appeal of a decision of the Ethics Committee is to the Executive Committee. Any member of the Executive Committee who is also a member of the Ethics Committee is disqualified from voting on the appeal.
F. Awards Committees. There are 2 Awards Committees: The Rupert Johnson Awards Committee and the Dick Harrington Awards Committee. Each committee consists of 5 Active Members. Each Awards Committee shall select a recipient of the respective awards.
Section One.
Determination of Game Fees.
Game fees are subject to the contract of the State Board of Maine Baseball with the Maine Principal's Association, referred to in this Article as “MPA,” except that summer baseball fees are set by the Board.
Section Two. Non-Payment
of Game Fees.
Payment of game fees is due at the completion of each game. If payment is not received within 21 days of the date the game is played, the procedure established in this Section must be followed.
A. MPA game. If the game was covered by an MPA contract, the unpaid umpire may contact the nonpaying school to demand payment. If payment is not received within a reasonable time, the unpaid umpire shall notify the Secretary/Treasurer in writing of the facts surrounding the nonpayment. The Secretary/Treasurer as soon as reasonably possible shall notify the school that failure to make payment within 10 days of receipt of the Secretary/Treasurer’s letter will result in a grievance being filed with the MPA.
B. Non-MPA game. If the game was not covered by an MPA contract, the unpaid umpire may contact the nonpaying school, team or league to demand payment. If payment is not received within a reasonable time, the unpaid umpire shall notify the Secretary/Treasurer in writing of the facts surrounding the nonpayment. The Secretary/Treasurer as soon as reasonably possible shall notify the school, team or league responsible for payment that payment is due within 21 days of receipt of the Secretary/Treasurer’s letter and that failure to pay will result in suspension of Board services to that school or team. If the school or team fails to pay within 21 days of receipt of the Secretary/Treasurer’s letter, the Secretary/Treasurer shall notify the Executive Committee of the default of the school or team and the Assignor shall not assign any games for which that school or team is responsible for payment until payment is made. If the school or team fails to respond to the Secretary/Treasurer's letter within 21 days, that team shall be required to pay umpires prior to the game for the following season.
Any school, team or league may file for an extension of time within which to make payment. The application for an extension must be made in writing to the Executive Committee. Upon a showing of good cause for such an extension, the Executive Committee shall grant such a request.
Section Three -- Suspended
Games.
If an umpire works a previously suspended game, the umpire shall receive payment of $10.00 per inning per umpire not to exceed a full game fee if the resumption of the suspended game is followed by a regularly scheduled game. If an umpire works the resumption of a suspended game that is not followed by a regularly scheduled game, the umpire shall receive the full game fee.
Section One. Rules.
Each member shall abide by the following work rules or be subject to penalty as set forth in Section Two.
A. Board assigned games. In any game assigned by or through the board, the member shall not:
(1) Work with a person who is not an Active Member of the Board. However, a member may work with an Apprentice Member, a Probationary Member or an Associate Member if another Active Member is not available; or
(2) Work for other than the Board-approved fee.
B. Charity work. A member may donate that member’s service for a game not assigned by or through the Board and for which no fee is payable, such as Little League 12 and under games or charity exhibitions. In such circumstances the member must, however, comply with Subsection K.
C. Solo games. A member may not work alone, except in an emergency. If the member does work alone, the member is entitled to a one and one-half plate fee, plus mileage where applicable.
D. Solicitation of games; outside assignments. A member shall not solicit games in a league or program covered by the Board nor accept games in a league or program covered by the Board unless those games are assigned to the member by the Assignor. Except for post-secondary school games, if a member is contacted by a team or league directly for services, that member shall refer the team or league to the Assignor.
E. Transfer of assignments. A member shall not transfer an assignment without prior authorization from the Assignor.
F. Dress Code. A member shall comply with the dress code of the Board.
G. Meeting and clinic attendance. A member shall attend the meetings and clinics as specified in Article Four, Section Three.
H. Completion of assignments. A member shall honor and complete all assignments in a timely manner unless prevented from doing so by good cause.
I. Performance. A member shall perform his duties in a competent and professional manner.
J. Time restriction on acceptance of non-Board assigned games. A member shall not accept any assignments, except for post-secondary school assignments, prior to April 15 except from the Assignor. After April 15, the member shall immediately notify the Assignor of any non-Board assigned games accepted by the member.
K. Patch; uniform. If a member works a non-Board assigned game, the member shall not wear the Board patch or uniform, or in anyway represent that the member is a member of the Western Maine Board of Baseball Umpires or is in any way representing or acting on behalf of the Western Maine Board of Baseball Umpires.
Section Two. Penalties.
A member who violates a rule of the Board or these By-Laws is subject to the following penalties.
A. Failure to attend Rules Clinic. A member who fails to attend the mandatory Rules Clinic specified in Article Four, Section 2, Subsection A shall attend the make-up Rules Clinic and pay a fine of up to $35, as determined by the Ethics Committee. If a member misses both the mandatory Rules Clinic and the make-up Rules Clinic, that member is prohibited from working any Board-assigned games until after attendance of the following year’s rules clinic.
B. Failure to attend Business Meeting. A member who fails to attend a regular Business Meeting specified in Article Four, Section One is prohibited from working any Board-assigned games from September 20 to July 1st of the following year.
C. Failure to attend Season Clinic. A member who fails to attend a Season Clinic as specified in Article Four, Section 2, Subsection D is prohibited from working any Board-assigned games for the remainder of the season immediately following the last scheduled season clinic and is subject to a fine of up to $35, as determined by the Executive Committee. If the member pays the fine, the member shall be reinstated but is eligible to do only Summer-ball games for the rest of the season.
D. Mechanics clinic. A member who fails to attend a Mechanics Clinic as specified in Article Four, Section 2, Subsection B is subject to a penalty deemed just and appropriate by the Executive Committee.
E. Evaluations. A member who fails to complete the peer evaluations by November 15th is subject to a fine of $25.
F. Other rule violations. A member who violates any other rule of the Board is subject to a penalty deemed just and appropriate by the Ethics Committee, including, but not limited to, probation, suspension, and fine.
G. Expulsion; reinstatement. If a member is expelled from the Board, that member is ineligible to reapply for membership for a period of 3 years. This subsection does not apply to expulsion for reason of nonpayment of dues or to a member who resigns.
All fines imposed for a violation of the rules must be paid to the Secretary/Treasurer.
All fines imposed for a violation of the rules must be paid to the Secretary/Treasurer no later than 14 days after the member is notified of the fine. A member who fails to pay the fine within 14 days is suspended from working any Board assigned games until that member pays the fine.
Section Three. Hearings.
For a violation of a rule of the Board, including these By-laws, a complaint may be submitted in writing to the Ethics Committee. The affected member must be advised of the complaint in writing within 10 days. The member may agree to let the Ethics Committee assess a penalty based upon the complaint or the member may request a hearing if the request is made with 15 days of the date of the notice of the complaint. If a hearing is requested, it must be held within 10 days of the request for the hearing. A suspension imposed pursuant to Section 2, Subsections A, B or C is stayed pending the outcome of the hearing and any appeal. The member is entitled to appear and present such evidence as is appropriate. A decision by the Ethics Committee shall be issued within 5 days. If the member wishes to appeal to the Executive Committee, the member must do so in writing to the Secretary/Treasurer within 7 days of the Ethic Committee's decision.
Section
Four. Alternative penalty based on hardship.
The Executive Committee, in cases of
hardship or emergency, and upon request of the member, may impose a penalty
different than that specified in these By-Laws as long as the penalty is of
equivalent or greater severity to the penalty specified in these By-Laws and only
upon agreement by a 2/3 majority of the Executive Committee.
Amendments to the By-Laws may be made by a 2/3 vote of those present at a duly constituted Business or special meeting. No amendments shall be made until the members have been notified by mail, including electronic mail, of the proposed amendment, or alternatively, the amendment has been offered at a meeting at least one month prior to a vote on the proposed amendment.