CONSTITUTION OF EAST SIDE BASEBALL ASSOCIATION, INC.
COBB COUNTY, GEORGIA
The East Side Baseball organization was founded in 1970 by certain members of the New Providence Baptist Church, primarily for children who attended East Side Elementary School. In its early years, the church provided sponsorship to the organization, and games were played at the school. As participation in East Side’s baseball program has steadily increased, the Board of Directors of the organization has recognized the need for an improved formal Constitution, and through adoption by the membership, hereby establishes this Constitution of East Side Baseball Association, Incorporated, thereby amending and superseding in total all prior documents pertaining to the government and operation of this organization.
ARTICLE I: NAME AND LOCATION
The organization existing under this Constitution shall be known as “East Side Baseball Association, Incorporated”, also referred to as “ESBA” and/or “Association”. The location of the Association is intended to be the geographical vicinity surrounding Fuller’s Park, located on Robinson Road in east Cobb County, Georgia.
ARTICLE II: PURPOSE AND PHILOSOPHY
The sole purpose of the Association shall be to provide an organized baseball program for the youth of the community. It is intended that the players, their families and the surrounding community would benefit mutually from the successful operation of the Association.
The Association was formed by community-minded individuals of common interest and purpose whose primary objective is to maintain a high quality youth baseball program, teaching the fundamentals of the game of baseball in a low-key atmosphere void of intense pressure to excel or to put winning ahead of the values of sportsmanship and teamwork or the enjoyment of participating. While the goal and satisfaction of winning cannot be and should not be removed from the game, maximum individual participation should be of primary importance and shall be so delineated in the By-Laws.
The Association shall ensure that all persons display exemplary conduct at all games, practices and meetings of the Association, and parents shall be expected to provide a positive example of good sportsmanship for the players.
ARTICLE III: ORGANIZATIONAL STRUCTURE AND GOVERNMENT
League and Division play for players aged 10 and under will be divided by age group. For players ages 11 through 18, a skills test will be used for forming in-park Divisions for League play and for Northwest Baseball Association (NWBA) or similar associations.
The Board of Directors may authorize limited exceptions regarding the assignment of a player to a League other than his age group if special circumstances warrant such action. Also, the Board of Directors may eliminate certain Leagues if insufficient numbers of players apply for participation, or add Leagues if appropriate.
The Board of Directors shall be comprised of nine adult members, eight of whom are elected by the members and a President appointed by the eight newly elected members of the Board of Directors.
Each adult member in attendance may vote for one adult member from his/her child’s next season’s age category (6 or younger; 7 and 8; 9 and 10; 11 and 12; 13 and 14; or 15 and older), plus two “at large” adult members from any age category. An adult member having children in more than one age category may not vote in more than one age category. After determining the successful candidates for each age category, all votes (including those cast by age category) shall be counted to determine the two “at large” positions. Ties in vote totals are resolved in favor of the member having the greater total years of adult membership. If the President is selected from the elected Board of Directors, the next highest vote recipient in the President’s selection category shall join the Board of Directors.
The Board of Directors shall appoint certain officers, including a President, Treasurer, Secretary and a Commissioner for each League. The President shall serve as Chairman of the Board of Directors. The term of election to the Board of Directors or appointment to an office is one season, with re-election/appointment in any following season permitted.
ARTICLE IV: BY-LAWS
In addition to this Constitution, the Association shall adopt By-Laws prescribing major operating procedures, including the selection of officers and members of the Board of Directors, the method of assigning players to teams, player registration procedures, minimum participation rules, all-star selection and playing rules. The By-Laws shall be consistent in context and philosophy with this Constitution, as judged by the Board of Directors. It shall be the joint responsibility of the Board of Directors and the League Commissioners to monitor and enforce conformance to the By-Laws. The By-Laws may be amended or otherwise changed by a six- ninths majority vote of the Board of Directors. All other decisions of the Board require simple majority of all Board members present.
ARTICLE V: MEMBERSHIP
Youth members shall be those non-adult (under 21 years of age) rostered, players, coaches and scorekeepers participating in the current ESBA season, and shall not have voting rights. Adult members shall be the parents or guardians of youth members or coaches or officers participating in the most recent spring season, and shall have voting rights. Membership rights may be revoked; however, by six-ninths majority vote of the Board of Directors, any youth member or adult member may be prohibited from participating in any Association activities based on gross misconduct or other action clearly and flagrantly inconsistent with this Constitution or the By-Laws.
ARTICLE VI: MEETINGS
The Association shall conduct a meeting of the membership during May of each year. The primary purpose of this general membership meeting shall be to receive nominations for Board of Directors for the next season, and voting will occur at Fullers Park the following Saturday from 8:00 A.M.-6:00 P.M. The President of the Association shall conduct an annual organizational meeting each May or June to report on the Association’s financial position, to solicit coaches and officials for the next season, to propose major expenditures and to discuss any other topics related to the Association and to introduce the new Board of Directors whom will take office July 1. Notice of any general membership meeting shall be made, by written notice mailed or provided to membership via East Side’s website no later than seven calendar days prior to the meeting date. The minimum number of adult members required for any membership vote shall be fifty.
Responsibility for developing, administering and interpreting policy or procedural issues not specifically addressed by this Constitution shall be vested in the elected Board of Directors, consistent with the Association’s By-Laws. Therefore, motions, resolutions or opinions from the floor of general membership or coaches meetings shall be considered non-binding recommendations to the Board of Directors. Robert’s Rules of Order shall be used as a guide for conducting general membership meetings.
From time to time, as deemed appropriate by the President, the Board of Directors shall meet to oversee the operation of the Association. Except as designated in other Articles of this Constitution, decisions shall be final upon majority vote of the Board of Directors.
The “season” and “fiscal year” shall be defined as July 1 through June 30 of the current calendar year. The “playing season” shall begin on Opening Day and shall end on Closing Day.
ARTICLE VII: FINANCE
The Association shall be a non-profit organization providing a quality youth baseball program at a reasonable and moderate cost to its members. The Board of Directors shall establish players’ registration fees annually. The player registration fee may be waived in cases of personal financial hardship of any member, as authorized by the President.
The Board of Directors shall authorize budgets prior to the beginning of the playing season, and the Board of Directors shall pre-authorize all non-budgeted individual expenditures exceeding $300. The President shall assume the responsibility of maintaining a sound financial position for the Association and for ensuring prudence in financial disbursements made by the Treasurer. The Treasurer shall assume the responsibility and accountability for making appropriate disbursements as authorized by the President or the Board of Directors. The Treasurer shall provide the President with reports of the Association’s financial position periodically and shall provide a written report of financial condition to the membership at each annual membership meeting.
ARTICLE VIII: APPEAL
Any adult member shall have the right to approach in a reasonable and courteous manner his/her child’s coach, League Commissioner or President to resolve any matter which is unsatisfactory or which appears to be contrary to this Constitution or By-Laws. If informal methods of resolution fail to satisfy the adult member, that individual may initiate a formal appeal to the Board of Directors by directing a detailed written request to the President of the Association. A response shall be provided to the adult member within a reasonable period of time.
ARTICLE IX: AMENDMENT AND ADOPTION
Amendments to this Constitution shall be adopted only after being proposed at a general membership meeting and then confirmed at a subsequent general membership meeting held at least thirty days later, but no longer than ninety days later. Both the proposed amendment vote and the subsequent confirmation vote must succeed by at least a two-thirds majority of adult members in attendance. The official notice of any meeting in which a proposed constitutional amendment is to be confirmed shall identify the nature of the proposed amendment.
This Constitution is hereby adopted as an amendment in full and supersedes all articles of the Association’s current Constitution on this date by the adult membership of East Side Baseball, Incorporated, and is attested to by the current Board of Directors: