PINCKNEY HAMBURG BASEBALL & SOFTBALL ASSOCIATION. Amended Bylaws

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1 PINCKNEY HAMBURG BASEBALL & SOFTBALL ASSOCIATION Amended Bylaws ARTICLE I Organization A nonprofit organization registered in the State of Michigan under the name of Pinckney Hamburg Baseball & Softball Association. Pinckney Hamburg Baseball & Softball Association may also be referred to herein as PHBSA or the Association. ARTICLE II The purpose of PHBSA is to conduct an amateur youth baseball and softball program for boys and girls ages four and older in the Pinckney Hamburg Community (the district ) as further described in the Restated Articles of Incorporation of the Association. The mission of PHBSA is to provide opportunity and a fun, cooperative, learning environment for children who participate in the Association s programs. To teach them the game of baseball, sportsmanship, team building, self-discipline and to give them a sense of community. ARTICLE III Members Section 1. Qualifications of Members. As of the later of the date of adoption of these amended bylaws and the filing of restated articles of incorporation first reflecting organization of PHBSA on a membership basis, the Association shall be a membership corporation with the qualifications and rights of the members to be as set forth in these bylaws and such restated articles of incorporation. The members of PHBSA shall be all of the following individuals, provided they have attended at least three (3) Board meetings during the prior calendar year: (a) the adult parents and legal guardians from all families with one or more family members who are active players in any program sanctioned by PHBSA; (b) any active sponsors (either individual sponsors or a designated officer or other designated representative of business or corporate sponsors); and (c) any active volunteer adult leaders of PHBSA. For purposes of this provision, active shall mean actual participation during the prior season and/or a current registered participant, sponsor or volunteer for the upcoming season. Membership is also restricted to those who are at least eighteen (18) years of age, residing in the Pinckney Community School District. A limited number of non-district players shall be allowed to participate in PHBSA leagues as governed by the current League PHBSA competes in, and their families shall be eligible to become members of the Association in the same manner as families of district players. Except as provided below, all members PHBSA Bylaws Page 1

2 who have met and continue to meet the qualifications stated above for membership will be entitled to nominate or be nominated to the PHBSA Board. In the case of members with multiple children, where at least one (1) child is competing against PHBSA within another program for the prior or upcoming season and other children are in the PHBSA Program for the prior or upcoming season, those members will have full membership rights and privileges but shall not be allowed to hold a seat on the PHBSA Board due to the potential for a conflict of interest. Section 2. Voting and Quorum. Members present at any annual, regular or special meeting of the members, in person or by signed proxy filed with the Secretary for the meeting, numbering at least two-thirds (2/3) shall constitute a quorum for the transaction of business. Any matter approved by the affirmative vote of a majority of the members entitled to vote thereon who are present at a meeting at which a quorum is present shall be the action of the members. Section 3. Notice to Members; Waiver of Notice. (A) Except as otherwise provided by applicable law, written notice of the time, place, and purposes of a meeting of members shall be given not less than 10 nor more than 60 days before the date of the meeting, either personally or by mail (including by electronic or traditional mail), to each member of record entitled to vote at the meeting, or may be included by being prominently displayed in a newspaper or a newsletter or other periodical regularly published at least semiannually by or in behalf of the Association and mailed (via traditional mail at postage rates complying with the regulations of the United States postal service or via electronic mail) addressed to a member entitled to vote at the meeting not less than 10 nor more than 60 days before the meeting. (B) When a meeting is adjourned to another time or place, it is not necessary to give notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken and at the adjourned meeting only such business is transacted as might have been transacted at the original meeting. However, if after the adjournment the Board fixes a new record date for determining members entitled to vote at the adjourned meeting, a notice of the adjourned meeting shall be given to each member of record on the new record date entitled to notice under paragraph (A) above. (C) Notice of any annual, regular or special meeting of the members may be waived in writing, signed by the person or persons entitled to the notice, either before or after the time of the meeting. The attendance of a member at any meeting, in person or by proxy, shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any annual, regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these bylaws. PHBSA Bylaws Page 2

3 Section 4. Nondiscrimination. PHBSA shall not discriminate based upon age, sex, national origin, disability, race or religion. ARTICLE IV Board Of Directors Section 1. General Powers. The affairs of PHBSA shall be managed by or under direction of its Board of Directors (the Board ). The members of the Board shall serve as volunteers, and shall receive no compensation for their services. Section 2. Number, Tenure and Qualifications. The number of Board members shall be 11, elected for staggered terms as provided in these bylaws. Six (6) directors shall be elected at each annual meeting, three (3) of whom shall serve one-year terms and three (3) of whom shall be elected by the Board as officers of the Association and shall serve two-year terms in the offices provided for below. Consistent with the foregoing, three (3) of the directors elected in a year ending with an even number shall be selected by the new Board to serve as President, Secretary and Softball Commissioner, respectively, of the Association, and three (3) of the directors elected in years ending with an odd number shall be selected by the new Board to serve as Vice President, Treasurer and Baseball Commissioner, respectively, of the Association. Each of those six (6) directors shall serve two-year terms. The five (5) remaining directors on the Board shall be general voting members of the Board (the General Directors ), and shall serve for one-year terms. All directors shall hold office for the relevant terms described above and until their successors are duly elected and qualified or until their earlier resignation or removal. The number of Board members may be decreased to no fewer than nine (9) or increased to any odd number from time to time by amendment of this section. No decrease shall have the effect of shortening the term of an incumbent Board Member. Each year, after the Board Members have been elected, one (1) member shall be voted to sit on the Hamburg Township Recreation Board as a liaison between PHBSA and the Township Rec. Board. The liaison may but need not be an officer of the Association. Section 3. A) Elections. Elections to fill empty Board seats shall be held on the second Tuesday in January. All members that meet the requirements set forth in Article III and have attended a minimum of three (3) scheduled Board meetings during that season will be entitled to nominate or be nominated to the PHBSA Board. All first year nominees shall not be eligible for the positions of President, Vice-President or Treasurer. The Board secretary shall make public the location and time of this meeting at least ten (10) and not more than sixty (60) days prior to the election, such notice to be provided in any manner permitted pursuant to Article III, Section 3 or applicable law. Nominations can be made by any member (meeting the criteria of Article III and that stated in the beginning of Article IV, Section 3) in the form of a signed and dated letter of intent, post marked at least ten (10) days prior to the election meeting or in person at any Board meeting or up to the closing of nominations at the January meeting. Letters can be submitted to P.H.B.S.A., P.O. Box 813, Hamburg, MI PHBSA Bylaws Page 3

4 B) Voting for Directors. Once all nominations have been accepted, ballots will be filled out. Members will have one (1) vote for each of the vacant Board seats. In the event of a tie in the voting, the three (3) Board positions not up for election will vote, breaking all ties. Upon the completion of the election, the new Board members will nominate from within the elected PHBSA Board to fill all vacant officer positions open to election, with the remaining directors serving as General Directors as provided in Article IV, Section 2. Section 4. Regular Meetings. A regular annual meeting of the Board shall be held with out notice pursuant to these bylaws on the second Tuesday of each month after January 1. All meeting dates will be given in the PHBSA News Letter and such notice may appear in a letter, newsletter, news paper or other suitable public media The Board may provide, by resolution, the time and place for the holding of additional regular meetings of the Board without other notice than such resolution. All meetings will be open to the public except for portions of the meeting, which, in the Board s sole discretion, are considered sensitive personal issues. Section 5. Special Meetings. Special meetings of the Board may be called by or at the request of the president or any four directors. The person or persons authorized to call special meetings of the Board may fix any place as the place for holding any special meeting of the Board called by them. The notice of special meeting must include a statement of the purpose of the special meeting and an agenda. Section 6. Notice. Notice of any special meeting of the Board shall be given at least three days previous thereto by written notice delivered by electronic-mail, facsimile, courier, US Postal Service, hand delivery or another reasonable means simultaneously to each director at his or her address as shown by the records of PHBSA except that no special meeting of directors may remove a director unless written notice of the proposed removal is delivered to all directors simultaneously at least 30 days prior to such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with postage thereon prepaid, or when dispatched via electronic mail to an electronic mail address on file with the Association for the director, which may include a PHBSA account as provided for in Article IV, Section 13. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegram company. Notice of any special meeting of the Board may be waived in writing, signed by the person or persons entitled to the notice, either before or after the time of the meeting. The attendance of a director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these bylaws. Section 7. Quorum. A majority of the Board then in office shall constitute a quorum for the transaction of business at any meeting of the Board, provided that if less than a majority of the directors then in office are present at said meeting, a majority of the directors present may adjourn the meeting to another time without further notice. PHBSA Bylaws Page 4

5 Section 8. Manner of Acting. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board. No director may act by proxy on any matter. Section 9. Vacancies. Any vacancy occurring in the Board or any directorship to be filled by reason of an increase in the number of directors may be filled by the Board, even if less than a quorum, unless these bylaws provide that a vacancy or a directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected or appointed, as the case may be, to fill a vacancy (whether due to resignation, removal or increase in the size of the Board) shall be appointed until the next election of directors by the members of the Association. Section 10. Resignation and Removal of Directors. A director may resign at any time upon written notice to the Board. A director may be removed without cause by a vote of a two-thirds majority of the Board no less than thirty days after the motion for removal is made and seconded, or as specified by statute. A director may be removed with cause at any time by a vote of a two-third majority of the Board. Section 11. Informal Action by Directors. The authority of the Board may be exercised without a meeting if a consent in writing, setting forth the action is taken, is signed by all of the directors entitled to vote, either before the action is taken or to ratify action that has been taken. Such action may be approved by facsimile or electronic-mail, provided that such approval is solicited from all directors simultaneously. The written consents shall be filed with the minutes of the proceedings of the Board. The written consent has the same effect as a vote of the Board for all purposes. Section 12. Presumption of Assent. A director of PHBSA who is present at a meeting of the Board at which action on any Association matter is taken shall be conclusively presumed to have assented to the action taken unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file his or her written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered or certified mail to the secretary of PHBSA immediately after the adjournment of the meeting. Such right of dissent shall not apply to a director who voted in favor of such action. A director who is absent from a meeting of the Board at which any such action is taken is presumed to have concurred in the action unless the director files a dissent with the Secretary of the Association within a reasonable time after obtaining knowledge of the action. Section 13. Electronic Mail Accounts. All members of the Board shall be given an electronic-mail address within the PHBSA website. These electronic-mail accounts are the property of PHBSA and are to be used by the individual members in order to conduct said duties, communicate with other Board members and as a means by which others members of the Association can communicate with the Board. PHBSA Bylaws Page 5

6 ARTICLE V Officers Section 1. Officers. The officers of PHBSA shall be members of the Board and shall be a president, vice president, treasurer and secretary. These officers may be elected or appointed by the Board. Officers whose authority and duties are not prescribed in these bylaws shall have the authority and perform the duties prescribed, from time to time, by the Board. The same person may not hold any two or more offices. Section 2. Election and Term of Office. The officers of PHBSA shall be elected annually by the Board at the regular January meeting of the Board. If the election of the officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Vacancies may be filled or new offices created and filled at any meeting of the Board. Each officer shall hold office for a period of two (2) years or until his or her death, or until he or she shall resign or be removed in the manner hereinafter provided. Election of an officer shall not of itself create contract rights. Section 3. Removal. Any officer may resign at any time upon written notice to the Board. Any officer may be removed without cause by a vote of a two-thirds majority of the Board no less than thirty days after the motion for removal is made and seconded, or as specified by statute. Any officer may be removed without cause at any time by a vote of a two-third majority of the Board. Section 4. President. The president shall be the principal executive officer of PHBSA. Subject to the direction and control of the Board, he or she shall be in charge of the business and affairs of PHBSA; he or she shall see that the resolutions and the directives of the Board are carried into effect in those instances in which that responsibility is assigned to some other person by the Board; and, in general, he or she shall discharge all duties incident to the office of the president and such other duties as may be assigned by the Board. He or she shall preside at all meetings of the Board. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of PHBSA or a different mode of execution is expressly prescribed by the Board or these bylaws, he or she may execute for PHBSA contracts or other instruments which the Board has authorized to be executed. And he or she may accomplish such execution either under or without the seal of PHBSA and either individually or with the secretary, any assistant secretary, or any other officer thereunto authorized by the Board, according to the requirements of the form of the instrument. He or she can manage or coach a PHBSA team during his or her tenure in office. Section 5. Vice-President. The vice-president (or in the event there be more than one vice president, each of the vice-presidents) shall assist the president in the discharge of his or her duties as the president may direct and shall perform such other duties as from time to time may be assigned to him or her by the president or the Board. In the absence of the president or in the event of his or her inability or refusal to act the vicepresident (or in the event there be more than one vice president, the vice- presidents, in PHBSA Bylaws Page 6

7 the order designated by the Board, or by the president if the Board has not made such a designation, or in the absence of any designation, then in the order of their seniority of tenure) shall perform the duties of the president and when so acting, shall have all the powers of and be subject to all the restrictions upon the president. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of PHBSA or a different mode of execution is expressly prescribed by the Board or these bylaws, the vice-president (or any of them if there is more than one) may execute for PHBSA any contracts, or other instrument which the Board has authorized to be executed, and he or she may accomplish such execution either under or without the seal of PHBSA and either individually or with the secretary, any assistant secretary, or any other officer thereunto authorized by the Board, according to the requirements of the form of the instrument. He or she can manage or coach a PHBSA team during his or her tenure in office. Section 6. Treasurer. The treasurer shall be the principal accounting and financial officer of PHBSA. He or she shall: (a) have charge of and be responsible for the maintenance of adequate books of account for PHBSA; (b) have charge and custody of, and be responsible for, all funds and securities of PHBSA, and for the receipt and disbursements thereof; and (c) perform all the duties incident to the office of the treasurer and such duties as from time to time may be assigned to him or her by the president or by the Board. He or she can manage or coach a PHBSA team during his or her tenure in office. Section 7. Secretary. The secretary shall: (a) record the minutes of the meetings of the Board in one or more means of recording provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these bylaws or as required by law; (c) be custodian of the corporate records and of the seal of PHBSA; (d) keep a register of the post office address, electronic-mail address, facsimile, and telephone number of each director which shall be furnished to the secretary by such director; and (e) perform all duties incident to the office of the secretary and such other duties as from time to time may be designated to him or her by the president or by the Board. He or she can manage or coach a PHBSA team during his or her tenure in office. Section 8. Commissioners. The Baseball & Softball Commissioners shall have and perform such duties and responsibilities as may be determined from time-to-time by the Board of the Association or its designees. He or she can manage or coach a PHBSA team during his or her tenure in office. Section 9. General Directors. The General Directors shall have and perform such duties and responsibilities as may be determined from time-to-time by the Board of the Association or its designees or as may be provided by applicable law. He or she can manage or coach a PHBSA team during his or her tenure in office. PHBSA Bylaws Page 7

8 ARTICLE VI Committees, Commissions and Advisory Boards Section 1. Committees. The Board, by resolution adopted by a majority of the directors in office, may designate one or more committees, consisting of directors and/or members of PHBSA, for the purpose of handling distinct elements of PHBSA s business. The committees, to the extent provided in said resolution and not restricted by law, shall have and exercise the authority of the Board in the management of the particular element of PHBSA s business; but the designation of such committees and the delegation thereto of authority shall not operate to relieve the Board, or any individual director, of any responsibility imposed upon it, him or her by law. All committees shall provide reports to the Board, in writing or in person, upon the request of any officer of the Association or any two (2) General Directors. The Board may reverse or amend any committee decision by a two-thirds majority vote. ARTICLE VII Contracts, Checks, Deposits, and Funds Section 1. Contracts. The Board may authorize any officer or officers, agent or agents of PHBSA, in addition to the officers so authorized by these bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of PHBSA and such authority may be general or confined to specified instances. Section 2. Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of PHBSA shall be signed by such officer or officers, agent or agents of PHBSA and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the treasurer or an assistant treasurer and countersigned by the president or a vice-president of PHBSA. All checks for expenses shall require the signature of two officers. Any expenses that are not incurred every season and would be considered out of the ordinary expenses for everyday league issues for amounts over $1,000 shall require the approval of the Board by a two-thirds vote. Section 3. Deposits. All funds of PHBSA shall be deposited from time to time to the credit of PHBSA in such banks, trust companies, or other federally insured depositories as the Board may select. Section 4. Gifts. The Board may accept on behalf of PHBSA any contribution, gift, bequest or devise for the general purpose or for the special purpose of PHBSA. Section 5. Contributions to House League. The Board shall not permit the contribution of funds or property to individual teams in a house league but shall solicit funds for the common treasury of the local league, thereby to discourage favoritism among teams and to endeavor to equalize the benefits of the house league. PHBSA Bylaws Page 8

9 Section 6. Contributions to Travel League. The Board shall permit the contribution of funds or property to individual teams in a Travel league, and shall encourage Travel teams to solicit sponsorship of travel teams in a manner approved by the PHBSA to help offset the costs of tournaments and additional uniform and equipment expenditures. ARTICLE VIII Books and Records PHBSA shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, Board, and committees having any of the authority of the Board, and shall keep in the possession and control of the secretary or at the registered or principal office a record giving the names and addresses of directors entitled to vote. Any member, director, or his or her agent or attorney may inspect all books and records of the Association for any purpose authorized under Michigan law at any reasonable time. ARTICLE IX Fiscal Year The fiscal year of PHBSA shall be fixed by resolution of the Board. ARTICLE X Indemnification Section 1. Indemnification In Actions Other Than By Or In The Right Of PHBSA. PHBSA may indemnify any person who or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of PHBSA) by reason of the fact that he or she is or was a director, officer, employee or agent of PHBSA, or is or was serving at the request of PHBSA, as a director, officer, employee, volunteer or agent of another association, partnership, joint venture, trust or other enterprise, against expenses (including attorneys fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding if such person acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of PHBSA, and with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of PHBSA or, with respect to any criminal PHBSA Bylaws Page 9

10 action or proceeding, that the person had reasonable cause to believe that his or her conduct was unlawful. Section 2. Indemnification In Actions By Or In The Right Of PHBSA. PHBSA may indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending or completed action by or in the right of PHBSA to procure a judgment in its favor by reason of the fact that such person is or was a director, officer, employee, volunteer or agent of PHBSA, or is or was serving at the request of PHBSA, as a director, officer, employee or agent of another association, partnership, joint venture, trust or other enterprise, against expenses (including attorneys fees) actually and reasonably incurred by such person in connection with the defense or settlement of such action or suit, if such person acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of PHBSA, provided that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duty to PHBSA, unless, and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, but in view of all the circumstance of the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court shall deem proper. Section 3. Right to Payment Of Expenses. To the extent that a director, officer, employee, volunteer or agent of PHBSA has been successful, on the merits or otherwise, in the defense of any action, suit or proceeding referred to in Sections 1 and 2 of this Article, or in defense of any claim, issue or matter therein, such person shall be indemnified against expenses (including attorneys fees) actually and reasonably incurred by such person in connection therewith. Section 4. Determination Of Conduct. Any indemnification under Sections 1 and 2 of this Article (unless ordered by a court) shall be made by PHBSA only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, volunteer or agent is proper in the circumstances because he or she has met the applicable standard of conduct set forth in Section 1 or 2 of this Article. Such determination shall be made (a) by the Board by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b) if such quorum is not obtainable, then by a majority vote of a committee comprised exclusively of directors who are not parties to the action, provided the committee shall consist of not less than two (2) such disinterested directors, or (c) if such a quorum described in clause (a) or a sufficient number of disinterested directors described in clause (b) is not obtainable, or even if obtainable, if a quorum of disinterested directors or such committee so directs, by independent legal counsel in a written opinion, or (d) by the members entitled to vote, if any. Section 5. Payment Of Expenses In Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by PHBSA in advance of the final disposition of such action, suit or proceeding, as authorized by the Board in the specific case, upon receipt of an undertaking by or on behalf of the director, officer, PHBSA Bylaws Page 10

11 employee or agent to repay such amount, unless it shall ultimately be determined that he or she is entitled to be indemnified by PHBSA as authorized in this article. Section 6. Indemnification Not Exclusive. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any by-law, agreement, vote of members or disinterested directors, or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefits of the heirs, executors and administrators of such a person. Section 7. Insurance. PHBSA shall have the authority to purchase and maintain insurance for the liabilities of PHBSA and for the acts and omissions of its directors, officers and volunteers, whether or not PHBSA would be permitted to indemnify against such acts or omissions. Section 8. References To Association. For purposes of this Article, references to PHBSA shall include, in addition to the surviving association, any merging association (including any having merged with a merging association) absorbed in a merger which, if its separate existence had continued, would have had the power and authority to indemnify its directors, officers, volunteers or agents, so that any person who was a director, officer, volunteer or agent, or serving at the request of such merging association as a director, officer, or agent of another association, partnership, joint venture, trust or other enterprise, shall stand in the same position under the provisions of this Article with respect to the surviving association as if such person would have with respect to the such merging association if its separate existence had continued. ARTICLE XI Amendments The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the Board unless otherwise provided in these bylaws or applicable law. Such action may be taken at a regular or special meeting for which written notice of the purpose shall be given. A vote with two-thirds majority of the Board shall be required to alter amend or repeal the bylaws or adopt new bylaws. ARTICLE XII Dedication Of Assets In the event PHBSA in dissolved, subject to any express requirements in the articles of incorporation of PHBSA, the entirety of its assets shall be distributed for an exempt purpose as described in Section 501 (c) (3) of the Internal Revenue Code or to the federal government or to a state or local government for a public purpose. PHBSA Bylaws Page 11

12 ARTICLE XIII Conflict of Interest No member of the Board, a committee, or commission or any entity controlled by a Board member, member of a committee, or member of a commission, may enter into any contract with PHBSA for any purpose. ARTICLE XIV Affiliation PHBSA shall be affiliated with the Kensington Valley Baseball & Softball Association and shall do all things necessary to obtain and maintain such affiliation until the Board decides otherwise in the best interests of the PHBSA. ARTICLE XV Baseball & Softball Leagues Section 1. In-House Baseball & Softball. PHBSA shall offer House League Baseball & Softball to the following: Co-ed T-Ball 4-5 years old Co-ed Coach Pitch 6-7 years old Boys Wildcat 8 years old Boys Colt 9-10 years old Boys Pony years old Boys Mustang years old no 15 year old may pitch Girls 10U 8-10 years old Girls 14U years old Individual Rules and Guidelines for each Division are written and are part of these Bylaws. No Player will be allowed to play up out of their age bracket unless that age bracket is not offered due to a lack of participation. Age bracket is based on player s age on April 30 at 11:59:59 p.m. for coed and boys divisions and player s age on December 31 at 11:59:59 for girls divisions. A girl who would turn 8 between January and April of the current year, who, based on her birthday would be placed in the boy s wildcat division, will be allowed to play in the 10U softball division. See Pinckney Hamburg Baseball & Softball Association Individual Division Rules. Section 2. Travel Baseball & Softball. PHBSA shall offer Travel Baseball to the following: 9U, 10U, 11U, 12U, 13U, 14U, 16U & 18U and Softball to 12U, 14U & 16U. Each of these age brackets will be offered based upon player participation. No Player will be allowed to play up out of their age bracket unless that age bracket is not offered due to a lack of participation. The Travel Softball Program allows the opportunity for any girls to try out for the travel softball team at the next age level above their own age PHBSA Bylaws Page 12

13 group. The Travel Baseball Program allows the opportunity for any high school aged boys (9 th grade to 12 th grade) to try out for the 14U, 16U or 18U travel teams, as long as their age does not exceed the allowable age limit. PHBSA shall be affiliated with the Kensington Valley Baseball & Softball Association and are governed by all rules and regulations set forth by the Kensington Valley Baseball & Softball Association in addition to those rules set by the Board of Directors of the PHBSA. See Pinckney Hamburg Baseball & Softball Association Pirate Travel Division By-Laws. Adopted November 22, 2005, amending and replacing the bylaws previously adopted by the PHBSA Board of Directors on October 16, Revised November 7, 2006 Revised December 11, 2007 Revised March 11, 2008 Revised December 9, 2008 Paul Pomo, President Regina Wasyl, Secretary PHBSA Bylaws Page 13

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