NEW YORK STATE CRICKET UMPIRES ASSOCIATION INC.
CONSTITUTION & BYE-LAWS
Adopted March 4, 2017
Published by the New York Cricket Umpires Association, Inc.,
Associate Member of, West Indies Cricket Umpires Association, (WICUA), United States Cricket Umpires Association, (USACUA) International Cricket Council (ICC)
TABLE OF CONTENTS
ARTICLE 1 NAME AND JURSDICTION 2
ARTICLE 2 MOTTO 2
ARTICLE 3 AIM AND OBJECTIVES 3
ARTICLE 4 REPRESENTATIVES COLORS 3
ARTICLE 5 MEMBERSHIP 3
ARTICLE 6 APPLICATION FOR MEMBERSHIP 4
ARTICLE 7 MEMBERSHIP DUES 4
ARTICLE 8 MEMBERSHIP OBLIGATIONS 5
ARTICLE 9 GOOD STANDING 5
ARTICLE 10 REGSIGNATION TERMINATION OR SUSPENSION 5
ARTICLE 11 REJOINING 6
ARTICLE 12 MANAGEMENT 6
ARTICLE 13 REGISTERED OFFICES 6
ARTICLE 14 OFFICERS 6/7/8
ARTICLE 15 CHAIRMAN 8
ARTICLE 16 THE EXECUTIVE COMMITTEE 8
ARTICLE 17 VOTING AT MEETINGS OF THE EXECUTIVE COMMITTEE 9
ARTICLE 18 MEETINGS 9/10/11
ARTICLE 19 VOTING GENERAL MEETING 11
ARTICLE 20 FINANCIAL MATTERS 11
ARTICLE 21 EFFECTIVE DATE 12
ARTICLE 22 AMENDMENTS OF CONSTITUTION 12
ARTICLE 23 ARBITRATION 12
ARTICLE 24 LITIGATION 12
ARTICLE 25 DISTRIBUTION OF ASSETS UPON DISSOLUTION 13
ARTICLE 26 LAWS OF CRICKET 13
ARTICLE 27 CODE OF ETHICS 13/14
ARTICLE 28 APPEALS 15
ARTICLE 29 COMMITTEE’S 15
NAME AND JURISDICTION
A. The name of the organization shall be the New York State Cricket Umpires Association, Inc. (herein after referred to as “NYSCUA” or “the Association”.
B. NYSCUA may establish such acronyms or abbreviations as may be appropriate for its business use, and may establish logos, service marks or trademarks as may be appropriate to further its purposes, mission, recognition, and goals.
C. Persons or organizations may not use the name, initials, logos, or trademarks of the Association except with written consent of the Association.
D. The jurisdiction of NYSCUA shall comprise all cricket leagues, clubs and cricket organizations in New York State subscribing to this constitution.
E. NYSCUA shall seek to maintain recognition by West Indies Cricket Umpires Association, (WICUA), United States Cricket Umpires Association, (USACUA) International Cricket Council (ICC) as the local governing body of umpires for the sport of cricket in New York State.
F. NYSCUA shall: Be the sole governing body of cricket umpires in the New York State. Supervisory to all matters and shall not delegate its governance or control to any entity.
G. NYSCUA shall be a not-for-profit organization incorporated and licensed pursuant to the laws of the State of New York. NYSCUA shall operate for non-profit and educational purposes and shall train and develop cricket umpires to the highest standards and level.
H. The Association shall operate in consistent with State laws and shall maintain a tax-exempt status in accordance with section 501 [c]  of the Internal Revenue Code of the United States of America
I. The organization and its activities shall be non-patrician, non- secretarial and non-profit
The motto of NYSCUA shall be “Out of Many, One Umpire Balancing the Pendulum for All”
AIM and OBJECTIVE
The aim and objective of the association is to create an umpiring organization that applies principles, laws, and code of Ethics as officials to the sport of cricket.
To foster, encourage and develop the highest level of cricket umpires and scorers to international standards.
To ensure that all cricket matches under the control of NYSCUA is conducted in accordance with the Laws of Cricket, the spirit of the game. Local, National, and International
The colors of NYSCUA shall be Royal Blue, Black, and White as an alternative
Membership shall be open to any individual irrespective of race, color, creed, or gender that is a resident of the State of New York
In order to maintain membership and officiate representing NYSCUA. Members must be active. In good financial standing with the association and attend regular meeting.
There shall be FOUR (4) types of membership
• Full Member
• Associate Member
• Honorary Member
• Life Member
A member who has satisfied all the conditions of membership as per Constitution.
A candidate who is not eligible for Full Membership but is interested in the development and camaraderie of NYSCUA
Any individual of moral character who have provided outstanding service to umpiring, cricket, or sports whose affiliation would enhance the reputation the Association.
The Honorary Member is subject to a two-thirds (2/3) vote with majority approval.
ii. The membership of an Honorary Member of NYSCUA may be terminated by a two thirds (2/3) majority decision.
Honorary members are exempted from paying membership fees.
A. Life member is subjected to a two-thirds (2/3) vote with majority approval.
B. Life Members may attend any meeting of NYSCUA and participate in discussions. However, they
C. shall not be entitled to vote or to move or second motions.
D. Life members are exempted from paying membership fees.
E. Life Members may serve on committees and offer their expertise.
APLLICATION FOR MEMBERSHIP
A. Application for membership shall be made through the completion of the appropriate application form of NYSCUA accompanied with an application fee of twenty-five dollars ($25.00) which shall be nonrefundable. The application must be signed by a proposer who must be in good financial standing.
B. The acceptance of such application shall be at the discretion of the Executive Committee of the association whose decision is final.
C. To ensure selection, each application must receive an affirmative vote of two-thirds of the total voting strength of the Executive Committee.
Membership dues shall be $60.00 annually and shall be paid to the Association on or before March 15th of each year to retain full membership status and enjoy the privileges of NYSCUA.
Members who fail to pay their annual membership dues by the stipulated date shall be deemed ineligible to participate in activities of the Association, including voting, and umpiring
Members that pay the membership dues within the established guidelines shall be considered in good standing, eligible and entitled to all rights and privileges of full membership.
A. To comply with the Constitution, By-Laws, Regulations, directives, and decisions of NYSCUA.
B. To participate in events and fundraising govern by NYSCUA.
C. To pay their membership dues and subscriptions.
D. To provide verifiable contact information
A Member of the Association will be in good standing provided that the Member:
A. Owes no outstanding Membership dues or other debts to the association
B. Has not ceased to be a Member
C. Has not been suspended or expelled from Membership.
D. Has complied with the Constitution, policies, and rules of the Association
E. Is not subjected to a disciplinary investigation or action by the Association, or if subjected to disciplinary action previously, has fulfilled all terms and conditions of such disciplinary action to the satisfaction of the Association
REGSIGNATION TERMINATION OR SUSPENSION
A. A member may resign their membership, by submitting a written notice to the Secretary of NYSCUA.
B. Membership may also be terminated for non-payment of fees, dues, or fines.
C. The executive committee has the power to remove from membership any member whose Ethics is deemed detrimental to the welfare of the association, and its members by an affirmative vote of two-third percent (2/3%) of the total voting strength of the Executive Committee
D. Any member who is suspended or expelled from the Association shall receive a written notice from the Executive Secretary regarding the suspension and or expulsion and the reasons thereof and shall have the right to appeal the decision.
A. Former members shall reapply for membership thru normal application process as per constitution
B. Former members wishing to rejoin shall pay all outstanding debts before being considered for acceptance
A. The supreme authority of the association shall be vested in the General Meeting of the Association.
B. The management of the club shall be vested in the Executive Committee of the Association
The registered office of the Association as required by the New York Non-Profit Organization Act (the “Non-profit Organization Act”) shall be maintained in the State of New York. The registered office may be changed from time to time by the Association of Directors or by the officers of NYSCUA, or to the extent permitted by the Non-profit Organization Act or as the affairs of NYSCUA.
All Officers of the Association shall be members, Namely the President, Vice president, Secretary and Assistant Secretary, Treasurer, Assistant Treasurer, and any other officers which the Association deem necessary.
A. The election of Officers shall be held at the Bi-Annual General Meeting the Third Sunday in March
B. All nominations must be proposed and seconded by a member entitled to a vote
C. Officers shall be elected for two years term and shall be eligible for re-election
D. Officers shall serve from the close of the Bi-Annual General Meeting at which they are elected to the close of the next Bi-Annual Meeting.
E. Where there is more than one candidate for any of the officers of President, Secretary and Assistant Secretary, Treasurer, and Assistant Treasurer each shall be considered, also the election process is by ballots.
DUTIES OF OFFICERS OF THE ASSOCIATION
The President shall:
A. The President shall preside at all General and Executive Meetings when he/she is present.
B. Set up Agenda for meeting
C. Appoint Special Committees as needed
D. Sign all contracts along with Corresponding Secretary or delegate another Executive Committee member.
E. Sign all Checks along with the Treasurer or delegate another Executive Committee Member
The Vice President shall:
Preside in the absence of the President, assume, and discharge all duties of the president and perform such duties as are assigned by the President.
The Secretary shall:
A. Give notices of all meetings including those set up by various committees
B. Ethics all general correspondence and keep copies of such correspondence
C. Record and keep all minutes of the Association and Executive Meeting
D. Keep accurate listing of the membership of the Association with the address and telephone number of each member
E. Protect and preserve all written, photographed, and electronic records of transactions executed on behalf of the Association.
The Treasurer shall:
A. Shall be solely responsible and accountable for the funds of the Association.
B. Keep and maintain complete and accurate records of the Association’s finances and taxes, including records of all receipts and disbursements, assets, liabilities and retained earnings.
C. Collect all dues, fees, admission charges and keep records of collections, expenditures, and all receipts.
D. Open and manage accounts at banks or other financial institutions approved by the Association.
E. Endorse in the name of the Association and deposit all funds collected on behalf of the Association in the designated institution, within five (5) business days from receipt thereof.
F. Disburse monies only upon receipt of an approved voucher signed by the President or his/her designee or as directed by the Association.
G. Reconcile the Association’s accounts and present a financial report Quarterly at Executive Meeting.
H. Provide quarterly reports
I. Upon prior written request, make available to any Trustee’s for inspection, the organization’s record of accounts including a list of all members in good financial standing.
The Assistant Treasurer shall:
Assist the Treasurer in the performance of his/her duties and assume full responsibility in his/her absence.
The President shall be the Chairman at meetings of the Association and Executive Committee. In his/her absence and in the absence of the Vice President, the Secretary shall Chair the Meeting
THE EXECUTIVE COMMITTEE
A. The Executive Committee shall consist of the Officers of the Association and three (3) other Committee members elected at the Bi-Annual General Meeting.
B. The Executive Committee shall have the following authority.
B.1 To carry out the aims and objective of the Association regarding all administrative matters.
B.2 To manage and control the finances of the Association
B.3 To regulate competitions, matches, tournaments and all activities by the Association
B.4 To ensure members adherence to the Association Constitution, Rules, and Guidelines and when necessary impose disciplinary measures
B.5 To delegate such powers as it may deem advisable to its duly appointed Sub-Committee
B.6 To enlist for co-option for any special services of any person or persons
B.7 To set out Rules and Guidelines for members
B.8 To prepare and submit all notices of meetings, reports, and statements as required in the constitution
B.9 To appoint a Chairman to convene meetings in the absence of resignation of both the President and Vice President
C. If any matter occurs which in the opinion of the Executive Committee is not provided for in its constitution, it shall be determined by the Executive Committee and may deemed expedient.
D. Any member of the Executive Committee who is absent from three consecutive meetings of the said Committee without written explanation to the satisfaction of the Executive Committee, shall be deemed to have vacated his/her office
E. Meeting of the Executive shall be held once every other month
F. Special meeting of the Executive Committee may be called by the President or at the request of at least three (3) members of the Executive Committee. The Secretary of the club shall give three (3) days’ notice in writing
G. Emergency meeting shall be called and expedited at the earliest convenience.
VOTING AT MEETINGS OF THE EXECUTIVE COMMITTEE
A. Each member of the Executive Committee including executive members shall be entitled to one vote
B. In the event of a tie the Chairman shall have a casting vote.
C. At all meetings, the vote of the majority shall rule.
D. Voting on any motion’s may be by ballot or a show of hands if desires by member
ANNUAL GENERAL MEETINGS
The Annual General Meeting of NYSCUA shall be held on the third Sunday of March each year at a time and place determined by the Association.
Notice of General Meetings
Notice of any General Meeting shall state the place, date, and time of such meeting. This notice shall be in writing, posted on its website and or emailed to members of NYSCUA at least thirty (30) days before the date of the meeting and forwarded to all members in good standing. Only member’s or special invited guest by the executive are allowed to attend this meeting
Notice of Special General Meetings
A. In addition to the notice requirements for a general meeting, notice of a Special General Meeting shall state the purpose(s) for which the meeting is being called.
B. A copy of the notice of any meeting shall be given by mail or by electronic transmission to each member entitled to a vote at such meeting.
C. If mailed, such notice is given when deposited in the United States mail, with postage thereon prepaid, directed to the member at the address as it appears on the record of members. If a member files a written request with the Executive Secretary of the Association, that notices to him/her are mailed to an alternate address, then notice is given when mailed to the said alternate address.
D. If transmitted electronically, such notice is given when directed to the member’s electronic mail address or facsimile number, as supplied by the member to the Secretary of the Association or as otherwise directed pursuant to the member’s authorization and instructions.
E. A member may waive notice of any meeting before, at, or after such meeting. The attendance of a member at a meeting shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
The purposes of the Annual General Meeting among others are as follows:
A. To receive and adopt the annual reports of officers of the Association.
B. Address any business or proposed resolution of which notice was given.
C. Debate and adopt any constitutional amendment of which at least thirty (30) days’ notice was given.
D. Address any other matters relevant to the operation of the Association.
The President of the Association shall chair all Annual General Meetings. If the President is not present, then the Vice-President shall chair the meeting.
.The following shall be the order of business at all General Meetings unless transposed by motions made and carried:
A. Meeting call to order
D. Reading of the minutes
E. Matters arising of the minutes
F. Report of the Association
G. Report of Officers
H. Treasurer Report
I. Election of Officers (in an election year)
J. New Business
K. Other Business
All meetings of the Association shall be conducted in accordance with this constitution.
A total of 20 members present shall constitute a Quorum of the Annual General meeting.
A total of 15 members shall constitute a Quorum of a General Meeting
A. Meetings of the Association shall be held bi-monthly or at the discretion of the President. The Executive Secretary shall prepare an agenda after consultation with the President and
provide notice of the meeting, to members of the Association at least fourteen (14) days prior to the scheduled date of the meeting.
B. In the event it is not practical or possible to give the required seven (7) days written notice, the Executive Secretary shall utilize all media to provide notice of the meeting to its members of the Association including electronic or telephonic means.
C. The Association shall have the power to transact its business by regular mail, electronic mail, telephone, or facsimile, and may Ethics an Association meeting through electronic/telephonic means, if in the judgment of the President the urgency of the case requires such action.
Any individual who is eighteen years of age or older and who is a legal resident of New York State and who has the power under the law to contract, may be nominated for election to the Association.
Nomination of Association Members
Nomination for election as a member of the Association shall occur in accordance with the following:
VOTING GENERAL MEETINGS
Voting at General Meetings
A. Each financial member of the Association is entitled to (1) one vote
Limitations on the right to vote
B. Provisional members and honorary members are not entitled to vote at meetings. Any member’s who are not in good financial standing will not be allowed to vote
A. The fiscal year of the Association shall commence on April 1st to March 31st the following year.
B. Dues Membership dues are assessed by the Association and become due and payable on or before March 15, each year.
C. Each year the Association shall submit its financial records and accounts for audit by an independent Certified Public Accounting company.
The Constitution or amendments shall be effective when adopted by a twenty five percent (25%) majority of legitimate voting members.
AMENDMENTS OF CONSTITUTION
A. The Constitution may be amended, or altered, in whole or in part, and may be adopted, at any General Meeting of NYSCUA, provided that the proposed amendment to the Constitution was submitted in writing to the Executive Secretary at least thirty (30) days prior to any General. Meeting of NYSCUA and must include a brief explanation regarding the nature of the proposed amendment(s).
B. Any amendment to the Constitution must be ratified by at least two-thirds of the voting member’s present in person at meeting duly called for or amending the Constitution.
The Association shall submit concerns and challenges for arbitration under the auspices of the American Arbitration Association.
Any controversy involved and deemed necessary according to the local governing body for the sport of cricket as provided in the Amateur Sports Act.
A. No member’, administrator or umpire may invoke the aid of the courts in the United States or of a State without first exhausting all available remedies listed in this Constitution.
B. For a violation of this bylaw, the offending party shall be subject to suspension and fines and shall be liable to the Association for all expenses incurred by the Association and its officers in defending each court action, including but not limited to the following: Court costs and Attorney’s fees.
C. Reasonable compensation for time spent by Association officials and employees in responding to and defending against allegations in the action, including responses to discovery and court appearances. Travel expenses and expenses for holding special General Meetings necessitated by the court.
DISTRIBUTION OF ASSETS UPON DISSOLUTION
In the event of dissolution of the Association whether voluntary or involuntary or by operation of law and after payment of legitimate debts and liabilities, the remaining property or assets shall be divided to said charities. The United Negro College Fund, Red Cross, Salvation Army, and Goodwill except to satisfy the requirements of Section 501 [c]  of the United States Internal Revenue Code.
LAWS OF CRICKET
The Laws of Cricket established by the Marylebone Cricket Club (MCC) and Playing Conditions established by International Cricket Council (ICC) and modified from time-to-time shall apply in all matches under the guidance of NYSCUA.
CODE OF ETHICS
The Code of Ethics does not supersede the Constitution however it serves as a supplement
This code of Ethics is supplement to the constitution of the NYSCUA and shall be utilized in conjunction with the said constitution. The rules of natural justice shall apply and consist of [ a] the right to a fair hearing and [b] the rule against bias.
1. Umpires shall always Ethics themselves in a manner in keeping with the spirit and tradition of the game of cricket and, shall maintain the highest standards of honesty and integrity while officiating at cricket matches Of, when representing the Association.
2. Umpires and officials of the Association shall not at any time engage in Ethics unbecoming to an umpire which could bring the umpire, the game of cricket or, the Association into disrepute. Umpires shall work as a team and shall not criticize the actions or decisions of a colleague in public.
3. Umpires shall maintain the highest standard of professional competence and attend seminars and refresher training every year to be kept appraised of the changes approved to the Laws of cricket and the Special Regulations governing cricket matches.
4. Umpires and officials of the Association shall not use abusive of insulting language nor make offensive gestures on or off the field or in the vicinity of cricket matches when a colleague is officiating.
5. Umpires and officials of the Association shall not comment, show descent, or use words to undermine the confidence of other umpires. Umpires and officials shall not comment upon any alleged breach of the Code or upon any hearing or decision arising from such breach.
6. Umpires and officials of the Association shall not engage in the consumption of alcohol prior to or during cricket matches or use illegal drugs Of, directly or indirectly become involved in betting or gambling of any form on the outcome of a cricket match.
7. Umpires and officials of the Association shall honor the decisions of committees appointed by the Executive Committee to adjudicate infractions and shall not make any public pronouncements or media comment which are detrimental to umpires or the Association.
8. Any member’s failing to abide by the constitution, rules, and guidelines shall be dealt with by the disciplinary committee.
9. Any member found guilty of taking any action’s whatsoever with the intent to undermine or participate in any activity that is detrimental to the association, shall be subject to disciplinary action. This code of Ethics was developed by the NYSCUA because of profound belief that umpires must maintain a sense of responsibility and dignity in the eyes of cricketers and spectators alike.
NYSCUA shall adopt a Code of Ethics for members of the Association, officers,
committees, and others who are associated with NYSCUA. The Code of Ethics shall be approved by the
New York State Cricket Umpires Association (hereinafter “NYSCUA”) executive members and other committee members are governed by such regulatory documents as the Constitution and By-Laws. To act in fairness, equality, transparency, and objectivity to secure its integrity.
A. Make financial and other decisions that are in the best interest of NYSCUA.
B. Does not discriminate against clubs, member’s, race, creed, ethnicity, or gender.
C. Does not use the assets, information, or resources of NYSCUA for personal benefits.
D. Expeditiously rectify matters where the Constitution, By- Laws, Code of Ethics has been violated.
E. Any member who is found to have contravened the Code of Ethics may be subject to disciplinary measures as set forth in the Constitution.
The Association shall establish an Appeals Committee consisting of five (5) members who shall consider and determine appeals for final decisions. The Appeals Committee has the power to call any member to produce any relevant documents as evidence.
The Appeals Committee is required to arrive at a fair and impartial decision. The decision of the Appeals Committee is final.
An appeal shall be made in accordance with procedures established by the Association.
Affected party shall submit a notice of appeal within ten (10) days from the date of the official receipt of the decision by the party making the appeal. Copies of the notice of appeal shall be sent to all opposing parties and to the appeals committee or other body whose decision is being appealed.
A decision rendered by the Association from which an appeal is taken is not suspended pending the final decision of the Appeals Committee unless the Appeals Committee otherwise orders. The decision of the Association may be upheld, reversed, or reversed and remanded.
B. Appointment Committee
F. Public Relations