By Patrick Rosenow
Any group of people working together toward a common goal has a structure and rules by which it operates. Even a group of friends who have a weekly pick-up basketball game share a basic understanding of the who, what, where, when and even why of their Sunday afternoons at the YMCA. There is nothing in writing, but over time they have all come to develop a common expectation of how everything works. Since the group and rules are informal, there may be an occasional misunderstanding, but the only penalty for running afoul of a rule is being chided by the other members. Nonetheless, while the rules may be implied rather than expressed, they do exist.
Obviously, a group that does a lot more than playing a weekly pick-up game needs more formalized structure and rules. For officials associations, that structure typically comes in the form of bylaws. Bylaws explain why the group exists, who is in the group, how the group does its business, who leads the group, and the rights and responsibilities of the members of the group.
1. Define your purpose
Bylaws should open with a brief general description of the purpose of the association. It need not be detailed but should be enough to let the reader know why the group is being formed in the first place. Does the association assign games itself? If it does, the bylaws should make it clear the members are independent contractors and not employees. Does the association exist only to provide training and ensure to the state each independent official meets baseline standards of competency? If so, the association is more like a guild. In any event, once the mission statement of the association is set forth, everything else in the bylaws should provide the structure and means to accomplish that mission.
2. Describe the members
Logically, the next section of the bylaws should describe the members of the group. Do members have to have any special qualifications in terms of age, geography, training, experience or eligibility to officiate games? Does the association include inactive officials who do not currently officiate games, but still want to be part of the group? While it is possible to have different categories or classes of members, it can also make the bylaws more complicated and present an extra set of headaches in terms of voting, dues and so forth. Figure out what is best for your association.
3. Make it clear what is expected of the members
Once the bylaws identify who can be a member and how they join, they should explain what is required to maintain membership in good standing. Are there a minimum number of meetings to attend? What happens if a member fails the state test and is not qualified to work games? Do members have to pay dues? Are all members entitled to vote for the governing or executive board?
4. Help when trouble arises
Issues can arise in associations. Leaders and members need to know how to handle trouble situations. The bylaws should address how members may be removed or otherwise be subjected to discipline for cause.
5. Outline board member duties to board and members.
The bylaws must also clearly describe the governing body, which is often called the executive board. They should specify which positions are elected by the membership, when and how those elections are conducted, under what circumstances an individual may be removed from office, and how interim vacancies are filled. They should then delineate the authority given to the board in terms of managing the finances of the association, entering into contracts for the association and appointing committees or individuals to act on its behalf, particularly in matters of member training, rating and discipline.
How much the bylaws need to say about the actual operations of the association will depend in large part on what the association does. An association that assigns hundreds of recreational league and scholastic games and matches will not need the same bylaws as a group which does no assigning, but only conducts meetings and training for members that want to be assigned by the schools or state governing body.
The last thing the bylaws must include is a process for amending them. Making that process too hard and requiring a supermajority of members voting in person means it may be next to impossible to allow the association to respond to a change in its operating environment. Making it too easy can mean so many changes that there is no continuity, and no one can figure out who’s on first.
Well-written bylaws strike a balance between being so detailed the association is locked into doing things that make no sense and being so vague they may as well not even exist. Good bylaws allow the members to know what to expect from the board and call foul when the board fails to deliver. At the same time, they allow the board the flexibility to accomplish the mission of the association.
Most of us would not want to go into an important match or game without doing a good pregame with our partners. We want to have a plan and talk about what we will do in various situations, so we aren’t making it up on the fly. In many ways, that is the same reason bylaws are important. We want to have a plan for managing the association and not make it up as we go along. Winging it is fine for a bunch of guys or girls playing pick up every Sunday. It’s not so fine for a group that others count on to do an important job and do it right.
Patrick Rosenow, Mandeville, La., is a retired Air Force judge who now sits as a federal labor administrative law judge. He officiated basketball at the high school, college and international levels. This article is for informational purposes and not legal advice.
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