POWHA: Constitution

Tuesday, July 31
2012 Constitution


Article I – Name


The name of the organization shall be Pennsylvania-Ohio Women’s Hockey Association, abbreviated POWHA.  It will be referred to as “POWHA” through the remainder of the document.


Article II – Affiliations


POWHA shall abide by and act in accord with the Rules and Regulations and Playing Rules of USA Hockey, unless otherwise specifically stated in the Constitution or Bylaws of this organization.


Article III – Purpose, Aims, Functions


Section 1 – Purpose


The purpose of the POWHA is as follows:


A) To offer a structured forum for women’s teams in the Western PA and Ohio region to participate in league competition.


B) To promote women’s hockey at the adult level.


C) To encourage and develop the mental knowledge, skills, ability and sportsmanship of all participants of the sport of ice hockey governed by this organization.


Section 2 – Functions


A) A major function of POWHA is to ensure that the rules provided in this document and in the bylaws of POWHA are upheld within all functions sanctioned by POWHA.


B) POWHA will maintain standings for the league competition and will organize a yearly tournament for members of POWHA who qualify for the tournament.


Article IV – Membership


Section 1 – Requirements


A)  Membership in POWHA is available to women’s teams organized as a club within their respective areas.  The definition of a club will be left to the organization in which the team is organized.


B)  Member Teams: Any active women’s ice hockey team, properly registered and in good standing with both USA Hockey and POWHA shall be eligible for full membership in POWHA and, upon compliance with all provisions of the Bylaws and Constitution of POWHA, shall be deemed a Member Team in good standing and entitled to exercise all rights and privileges as that status may accord.


C)  Admission: All players, teams, groups, individuals or other organizations admitted to POWHA shall, by their admission, be deemed to have indicated their willingness to comply with the Bylaws, Constitution, policies and guidelines of POWHA and USA Hockey.


D)  Suspension: All players, teams, groups, individuals or other organizations suspended by USA Hockey shall be automatically suspended by POWHA and shall remain suspended until such suspension is lifted by USA Hockey.


E)  Transfer of Memberships: Neither membership in POWHA nor any rights in the membership may be transferred or assigned.


Section 2 – Limitations


A)  Teams holding varsity status in the NCAA are not eligible for membership in POWHA.  If at any time a member of POWHA obtains varsity status in the NCAA, their membership will be immediately terminated.


B)  Teams competing in a league for collegiate club teams, such as the American College Hockey Association (ACHA), are not eligible for membership in POWHA.  If at any time a member of POWHA joins a league for collegiate club teams, their membership will be immediately terminated.


C)  Teams competing as collegiate club teams that do not participate in a collegiate club team league may petition for membership with POWHA in conjunction with Rule 1(e) of the POWHA Bylaws.  If at any time a member of POWHA begins competing as a collegiate club team, their membership must be immediately reviewed.  The same vote required to gain membership is required for the team to maintain membership.


1)   For the purposes of POWHA membership, “collegiate club team” is defined as any team that is recognized by a college or university as being that college or university’s club or as being affiliated with that college or university.


Article V – Officers


Section 1 – Number


A)  POWHA shall maintain seven officers: President, Vice President of Administrations, Vice President of Competition, Secretary, Treasurer, and Statisticians of the two divisions.  These officers constitute the Executive Board.


B)  The rank of the Executive Board Officers shall be:

1.   President

2.   Vice President of Administration

3.   Vice President of Competition

4.   Secretary

5.   Treasurer

6.   Statistician I (Upper)

7.   Statistician II (Lower)

Section 2 – Elections


A)  Members of the Executive Board will be elected at the annual spring meeting except for the first election which takes place at the first meeting of POWHA.


B)  A person must be nominated by a voting representative of a member team or a current Executive Board Officer.


C)  Upon nomination a vote will be conducted among the voting representatives and the Executive Board, including the President, with the exception that the nominees may not vote.


D)  In the event of a tie, the deciding vote will be cast by the highest ranking, voting Executive Board Officer.


E)  No team may have more than two members holding positions on the executive board at any one time.


Section 3 – Term of Office


A)  All Executive Board Officers will serve one year terms.


B)  The term of an Executive Board Officer will begin May 1st of the year in which they are elected, and will conclude on April 30th of the following year.


Article VI – Indemnification


POWHA hereby consents and declares that each Executive Board Officer, members of Committees, and all elected or appointed officials in any capacity, shall be deemed to have assumed office or assignment on the express understanding, agreement and condition that each one of them and her/his heirs, executors and administrators, estate and effects respectively shall from time to time and at all times be indemnified and saved harmless out of the funds of the POWHA from and against all liabilities, judgments, costs, charges and expenses whatsoever which such member sustains or incurs in or about any action, or suit or proceeding which is brought, commenced or prosecuted against her or him for and in respect of an act, deed, matter or thing whatsoever made, done or permitted by her or him in or about the execution of the duties of her/his office and permitted by her or him in or about the execution of the duties of her/his office and also from and against all other costs, charges and expenses which she or he sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by her/his own willful neglect, intentional wrongful act or fraudulent act.


Article VII – Meetings


Section 1 – Annual Meetings


A)  POWHA shall conduct two annual meetings of all its members.  One shall be held in the spring at the annual post-season tournament.  The second shall be held in the late summer or early fall.


B)  Other Member Team meetings may be called by the President, by a written request of no fewer than two-thirds (2/3) of the Executive Board or by a written request of no fewer than sixty percent (60%) of the Member Teams.


C)  All Member Team meetings shall be held on no les than thirty (30) days written notice to those entitled to attend.


Section 2 – Action by Ballot


A)  Any action which may be taken at a regular or special meeting of POWHA may be taken without a meeting.  If an action is taken without a meeting, POWHA shall distribute a written ballot to every person entitled to vote on the matter.  The ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of any proposed action, and provide a reasonable time of not less than thirty (30) days, in which such action is to be taken, within which to return the ballot to POWHA.  The number of votes cast by ballot must equal or exceed the quorum required to be present at a meeting authorizing the action, and the number of approvals must equal or exceed the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.


B)  Ballots shall be solicited in a manner consistent with the requirements of giving notice of Member Team meetings as set forth in this Constitution.  All such solicitations shall indicate the number of responses needed to meet the quorum requirement and shall state the percentage of approvals necessary to pass the measure submitted.  The solicitation shall specify the time by which the ballot must be received in order to be counted.


C)  The form of written ballots shall afford the opportunity on the form of written ballot to specify a choice between approval and disapproval of each matter or group of related matters intended.  The form shall also provide, subject to reasonable specified conditions, that where the person solicited specifies a choice with respect to any such matter the vote must be cast in accordance therewith.


D)  A written ballot may not be revoked once it has been deposited in the United States Mail or otherwise delivered to the POWHA Secretary.


Article VIII – Quorum


Representation of at least fifty percent (50%) of the Member Teams in good standing and a majority of the Executive Board Officers constitutes a quorum for conducting business at a Member Team Meeting.


Article IX – Non-Profit Statement


Section 1 – Financial Statement


A)  POWHA is and shall remain nonprofit, nonsectarian and nonpartisan.


B)  POWHA does not contemplate pecuniary gain or profit to any member thereof and is organized solely for nonprofit purposes.


C)  No part of any net earnings of POWHA shall inure to the benefit of any Member Team or any individual.


Article X – Amendments


Amendments may be made to this Constitution by a two-thirds (2/3) majority vote of the Executive Board and Member Teams in good standing.


Article XI – Ratification


This Constitution shall become effective upon a two-thirds (2/3) majority vote of the membership, in good standing, present at the meeting on July 13, 2002.


The date of passage is July 13, 2002, by a 12-0 vote of the membership.