| 8.1 |
Employment. |
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The
League will select and employ a person of unquestioned
integrity to serve as Commissioner of the League and
will determine the period of and fix the compensation
for his employment, subject to the following: |
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(a) |
The
selection of Commissioner and the terms of the
Commissioner's employment must be approved by the
affirmative vote of not less than three-fourths (3/4) of
the members of the League. |
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(b) |
The
Commissioner serves at the will and pleasure of the
League, and may be removed, with or without cause, by
the affirmative vote of two-thirds (2/3) of the member
clubs at any Annual Meeting, or Special Meeting called
for that purpose by the Executive Committee under
Section 6.5 (e). |
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| 8.2 |
Independence. |
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The
Commissioner must have no financial interest, direct or
indirect, in any professional sport. |
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| 8.3 |
Jurisdiction
to Resolve Disputes. |
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(a) |
All
powers of the League not specifically granted under this
Constitution shall rest with the Commissioner, and he
has the sole and absolute discretion to decide and act
on behalf of the League on all matters not specifically
covered by the Constitution or By-Laws, except that the
League can, by an affirmative vote of two-thirds (2/3)
of the member clubs, nullify any decision or action of
the Commissioner under this grant of residual power. |
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(b) |
If
the Commissioner acts or has acted under a specific
grant of power or any other provision or provisions in
the Constitution, the League can nullify such decision
or action of the Commissioner in accordance with such
provision or provisions by-the affirmative vote of
three-fourths (3/4) of the member clubs of the League. |
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(c) |
Except
as otherwise stated in the Constitution, the
Commissioner has full, complete, and final jurisdiction
and authority to arbitrate any dispute within the course
and scope of League employment or business, whether it
be between or among the League members, League and/or
club employees, players, coaches, officials, officers,
employees and/or holders or an ownership interest, or
any other combination thereof. |
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| 8.4 |
Financial
Authority and Restrictions. |
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(a) |
Pursuant
to and within the limitations of the League's approved
budget, the Commissioner, on behalf of the League, may
incur any expense which, in his sole discretion, is
necessary to conduct and transact the ordinary business
of the League, including, but not limited to, the
leasing of office space and the hiring of employees and
other assistance or services. However, the
Commissioner does not have authority to incur any
expense for any extraordinary obligations or make any
capital investment on behalf of the League without prior
approval of a majority of the member clubs. The
Commissioner's call for assessments must be made
pursuant to Section 3.10. |
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(b) |
The
Commissioner must (i) preside at all meetings of the
League and the Executive Committee unless otherwise
provided herein, (ii) be the principal executive of the
League and have general supervision of its business and
affairs, (iii) approve for payment all proper charge. |
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| 8.5 |
Policy
and Procedure. |
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The
Commissioner will interpret and, from time to time,
establish policy and procedure regarding the provisions
of the Constitution and By-Laws and their
enforcement. The Executive Committee, however, may
overrule the policy or procedure by an affirmative vote
of not less than three-fourths (3/4) of the members of
the Executive Committee. |
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| 8.6 |
Detrimental
Conduct. |
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The
Commissioner is authorized, at the expense of the
League, to hire legal counsel and take or adopt
appropriate legal action or other steps or procedures as
he deems necessary and proper in the best interests of
the League whenever any party or organization employed
by, or connected with either the League or any member of
the League, has engaged in conduct detrimental either to
the League, its member clubs or employees. |
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| 8.7 |
Game
Officials. |
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The
Commissioner must select and employ a Supervisor of
League Game Officials and must further select and
approve all game officials for all pre-season, regular
season, and post-season games. All fees and
traveling expenses of game officials will be paid by the
League after approval by the Commissioner. It is
the duty of each member to accept for any game the game
officials assigned by the Commissioner. |
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| 8.8 |
Public
Relations Department. |
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The
Commissioner has the authority to establish a Public
Relations Department for the League, and this department
will be under his exclusive control and direction.
He may employ persons to staff the department and will
fix and determine their compensation within the
limitations of his approved budget. |
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| 8.9 |
Audio
and Visual Reproduction. |
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The
Commissioner's authority regarding audio and visual
reproduction, and any other forms of electronic media,
must be exercised pursuant to Article X. |
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| 8.10 |
League
Contracts. |
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Pursuant
to and within the restrictions of the League budget, the
Commissioner has the authority to arrange, negotiate,
and sign contracts on behalf of the League with other
persons, firms, leagues, or associations; provided,
however, that except in instances where the Commissioner
is otherwise specifically authorized, any contract not
included in the League annual budget involving a
substantial commitment by the League or its members will
not be binding upon the League unless first approved by
the affirmative vote of not less than a two-thirds (2/3)
vote of the members of the League. |
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| 8.11 |
Reports. |
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The
Commissioner must render an annual report to the League
members at each Annual Meeting. |
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| 8.12 |
Bond. |
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The
Commissioner must file and maintain in effect a surety
bond with the League in the sum of Fifty Thousand
($50,000.00) Dollars. The bond must be conditioned
upon the faithful performance by the Commissioner of his
duties. The bond will name the League as obligee.
The expenses for the Bond will be paid by the League. |
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| 8.13 |
Disciplinary
Powers of Commissioner and the Executive Committee. |
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(a) |
Whenever
the Commissioner, after notice and hearing , decides
that an owner, shareholder, partner, or holder of an
interest in a member club, or any player, coach,
officer, director or employee thereof, or an officer,
employee, or official of the League has either violated
the Constitution or By-Laws of the League, or has been
or is guilty of conduct detrimental to the League, then
the Commissioner has complete authority to: |
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(1) |
Suspend
and/or fine each person in an amount not in excess of
Ten Thousand ($10,000.00) Dollars, and/or |
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(2) |
Cancel
any contract or agreement of the person with the League
or with any member where the contract or agreement
constitutes or arose from the prohibited violation or
detrimental conduct. |
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(3) |
In
cases involving a violation of the prohibitions against
tampering, as the word is defined in the By-Laws, award
future selection preferences which penalize the
offending club. |
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(4) |
In
cases involving a violation affecting the competitive
aspects of the game, award future selection preferences
which penalize the offending club, and/or cancel any
contract or agreement of the person with the League or
with any member where the contract or agreement
constitutes or arose from the prohibited violation or
detrimental conduct, and/or fine the offending club in
an amount not in excess of Fifty Thousand ($50,000.00)
Dollars despite the provisions of subsection (1) herein. |
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(5) |
In
the case of a club failing to comply with the
standardized/ annual', financial accounting and
reporting procedures, cause the audit called for under
Section 5.1(a). |
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(b) |
Whenever
the Commissioner determines that any punishment which
the Commissioner has the power to impose pursuant to
Section 8.13(a) is not adequate or sufficient
considering the nature and gravity of the offense
involved, he may refer the matter to the Executive
Committee. The Executive Committee may impose such
discipline or punishment as it may decide, including any
or all of the following: |
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(1) |
Act
under Section 8.13(d). |
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(2) |
By
the affirmative vote of three-fourths (3/4) of the
Executive Committee, declare one or more players of the
offending club to be a free agent, or award future
selection preferences which penalize the offending club
or clubs. |
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(3) |
By
the affirmative vote of three-fourths (3/4) of the
Executive Committee, assign to another club or a nominee
of the League the lease on any stadium or playing field
held for or owned by the offending club or any person
owning any interest therein. |
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(c) |
Any
ruling or decision by the Commissioner under the
circumstances referred to in Section 8.13(a) or by the
Executive Committee under Section 8.13(b)(2) or (3) of
Article VIII, unless overruled by the affirmative vote
of no less than three-fourths (3/4) of the members of
the League, shall be final, conclusive, and unappealable.
Any party involved in or affected by any decision under
Subsections 8.13(a) or 8.13 (b) agrees to release and
waive any and all claims that the party may now or later
have or possess arising out of or connected with the
decision against them, individually and in his official
capacity, as well as against the League and any officer
or employee thereof, and every member club and against
any director, officer, shareholder, or partner thereof,
or the holder of any interest, whether for damages,
equitable relief, or for any other remedy or relief. |
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(d) |
The
membership of a member, or the interest of any person
owning a share or interest therein, may be suspended or
terminated under Section 8.13(b)(1) only by resort to
the following procedure: |
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(1) |
Any
member of the Executive Committee or the Commissioner
may prefer charges against a member, or the holder of
any interest therein, on the ground that the member or
holder has violated a provision of the Constitution or
By-Laws, or is or has been guilty of conduct detrimental
to the League. The charges must be in writing and
filed with the Secretary of the League. The
Commissioner must first conduct an investigation.
Upon its completion, the Commissioner must submit a copy
of the charges by mail to each member club and to the
member or person against whom the charges have been
made, and must make his recommendation to the member
clubs. |
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(2) |
The
member or person so charged may, within fifteen (15)
days after receipt of the charges, file with the
Commissioner a written answer. The Commissioner will
deliver a copy of the answer to all members of the
League. |
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(3) |
A
special meeting of the League will be called to hear the
charges. The time and place of the meeting will be fixed
by the Commissioner. |
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(4) |
At
the hearing the Commissioner will preside, unless he is
the complainant. In that event, the presiding officer
will be elected by majority vote of the members
attending the meeting. |
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(5) |
At
the hearing the member or person charged has the right
to appear in person and by counsel. Strict, rules of
evidence will not apply, and any testimony and
documentary evidence submitted at the hearing will be
received and considered. Either the complainant or
the member or person charged is entitled to an
adjournment for a reasonable time to enable it or him to
present rebuttal evidence. |
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(6) |
After
considering all the evidence, the members must vote upon
the charges and fix the punishment. An affirmative
vote of not less than three-fourths (3/4) of the members
will sustain the charges and fix the punishment,
excluding the vote of any member in which the person
charged has an interest. |
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(7) |
If
the members vote to terminate the membership or the
interest of any member in a club of the League, the
member club or person charged must dispose of the
membership or interest in the affected club in
accordance with the provisions of Section 3.8(b) hereof. |
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(e) |
Whenever
the Commissioner, after notice and hearing, determines
that a person employed by the League or employed by any
member club thereof has bet money or any other thing of
value on the outcome or score of any game or games
played in the League, or has had knowledge of or has
received an offer, directly or indirectly, to control,
fix, or bet money or other consideration on the outcome
or score of a professional football game, and has failed
to report the same in the manner hereinafter prescribed,
then any or all of the provisions of Section 8.13(a)
and/or (b) apply. If the person involved is a
player in the League, the player is obligated to report
immediately the incident to the head coach, owner, or
managing officer of the club with which he is
affiliated. All other reports under this Section shall
be made to the Commissioner. |
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(f) |
Whenever
the Commissioner finds, in his sole and exclusive
discretion, that any person, whether or not connected or
affiliated with the League, or a member club therein, is
guilty of conduct detrimental to the best interests of
the League, then in addition to his other powers
prescribed in the Constitution and By-Laws of the
League, the Commissioner may bar and prohibit the person
from entry to any stadium or park used by the League or
its member clubs or affiliates for the practice or
exhibition of professional football. |
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(g) |
The
Commissioner has authority to change, reduce, modify,
remit, or suspend any fine, suspension, or other
discipline imposed by the Commissioner and not requiring
approval of the member clubs. |
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| 8.14 |
Game
Schedule. |
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The
Commissioner shall draft a schedule and forward the same
to the member clubs as soon as possible after the
Championship Game. The schedule is the official
schedule for the regular season games of each member
club of the League and does not require any consent nor
approval by the member clubs. |
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| 8.15 |
Miscellaneous
Powers of Commissioner. |
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(a) |
The
Commissioner has the power, without a hearing, to
disapprove contracts between a player and a club if the
contract has been executed in violation of or contrary
to the Constitution or By-Laws of the League, or, if
either or both of the parties to the contract have been
or are guilty of an act or conduct which is or may be
detrimental to the League. Any disapproval of a contract
between a player and a club must be exercised by the
Commissioner upon the written notice to the contracting
parties within ten (10) days after the contract is filed
with the Commissioner. The Commissioner may also
disapprove any contract between any club and a player or
any other person at any time pursuant to and in
accordance with the provisions of Section 8.13(a) of the
Constitution. |
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(b) |
The
Commissioner has the right to propose amendments or
modifications in the Constitution or By-Lavs of the
League by submitting the amendments or modifications in
writing to the League not less than fifteen (15) days
prior to the holding of any Annual Meeting of the League
or recessed session thereof. |
