ARTICLE 1 - NAME
The organization to which these Statutes refer to is called the PAN AMERICAN AMATEUR SOFTBALL CONFEDERATION and it constitutes the maximum representative authority of amateur softball in the American Continent, and henceforth referred to as CONPASA/PASCO.
ARTICLE 2 – DOMICILE
The Pan American Amateur Softball Confederation will have its seat in the country where the President resides.
ARTICLE 3 – OBJECTIVES
The Pan American Amateur Softball Confederation, henceforth referred to as CONPASA/PASCO is non-political, non-sectarian and non-racial and shall not permit any discrimination based on political ideologies, religion,language, sex, race or ethnic groups.
The firm purposes and attributions of CONPASA/PASCO are:
a. To govern and promote the Pan American Softball and gather under one management all institutions that practices it in accordance with the dictated Statutes and Regulations.
b. To organize, approve and regulate the softball competitions in the Pan American Championships and Pan American Games in their corresponding categories.
c. To organize with exclusive character the softball competitions in accordance with the provisions resulting from these Statutes.
d. To affiliate National Associations/Federations, which meet the requirements, established by these Statutes and Regulations.
e. To fulfill and enforce the provisions issued by the International Softball Federation (ISF). (Exception: Statutes and Regulations of the CONPASA /PASCO take priority).
f. To fulfill and enforce the provisions arising from the Olympic Charter and the IOC Statutes; as well as all provisions established b the World Anti-DopingCode, the International Convention against Doping in Sport and the Foundation Board of the World Anti-Doping Agency WADA-AMA. In the same way, to ensure that its affiliated national Associations/Federations include those provisions within their Statutes.
ARTICLE 4 - FLAG, EMBLEM AND SLOGAN
The flag, emblem and slogan of the CONPASA/PASCO will be the following: The flag will be in a rectangular form, white background with bright red, its width should be equal to two-thirds of its length. It will have the emblem of CONPASA/PASCO in the center.
The emblem will be in the form of a terraqueous globe with the silhouette of the American Continent. The slogan will be "SOFTBALL, THE SPORT FOR EVERYONE".
ARTICLE 5 - RECOGNITION
CONPASA/PASCO is recognized by the International Softball Federation (ISF), the Pan American Sports Organization (ODEPA/PASO), and is affiliated to the Association of Pan American Sports Confederations (ACODEPA/APASCO) and may solicit recognition and affiliation with any other organization to eventually be determined.
ARTICLE 6 – DURATION
The duration of CONPASA/PASCO will be indefinite. The General Assembly represented by the 2/3 parts of its current affiliates will determine its dissolution. After the dissolution, its properties will be handed over to an international softball non-profit organization approved by the General Assembly.
ARTICLE 7 – DUES AND FEES
a. ANNUAL AFFILIATION FEES. The National Association/Federations shall pay an annual affiliation fee of two hundred American dollars (U.S. $. 200.00) to be paid on or before March 1 of each year.
b. TOURNAMENT PARTICIPATION FEE. A fee of two hundred American dollars (U.S. $. 200.00) must be paid to CONPASA/PASCO by all participant teams in all Pan American Championships, including the Pan American Games. Payment must be made during or before the Technical Meeting.
c. The National Associations/Federations, which have not paid their annual affiliation fees, up to and including the current year, and the participation fees in tournaments of CONPASA/PASCO in full, may attend meetings, participate in discussions, but will not have the right to vote.
ARTICLE 8 - ORGANIZATION AND ADMINISTRATION
The General Assembly, as is proposed by the Board of Directors, will dictate the General Regulations of the Statutes of the Confederation. Once approved by the General Assembly, the Regulations can be amended by an Extraordinary General Assembly, in which the agenda of that Assembly will include a notice of intent to amend the Statutes.
ARTICLE 9 - BOARD OF DIRECTORS
The Board of Directors of CONPASA/PASCO shall have the authority to address and resolve all cases of concern by government, representation, organization, and the administration of CONPASA/PASCO not provided for in these Statutes and Regulations, and shall be the sole interpreter on CONPASA/PASCO Rules and Statutes and Regulations. The Board of CONPASA/PASCO, in a referendum during the next Assembly, must resolve all cases, not provided for in these Statutes.
ARTICLE 10 - AFFILIATION
a. CONPASA/PASCO is formed by National Associations/Federations, which will be admitted upon a written application and approval of the Board of Directors, which after investigation and receipt of payment of the affiliation fee, will submit said application to the General Assembly for its election as affiliate in accordance with the Statutes, Regulations and Resolutions.
b. Any National Association/Federation seeking a re-instatement must submit a letter to CONPASA/PASCO seeking re-instatement. Upon notification of the approval by the Board of Directors, the National Association/Federation shall forward such fees as deemed necessary by CONPASA/PASCO before its recommendation to the General Assembly of the request of re-instatement.
ARTICLE 11 - AUTHORITIES OF CONPASA/PASCO
The authorities in charge of the governance, representation, organization and administration of CONPASA/PASCO, with the rights and limitations bestowed on them by the Constitution and Statutes are the following:
a. The General Assembly
b. The Board of Directors
ARTICLE 12 - THE GENERAL ASSEMBLY
The General Assembly, which can be ordinary or extraordinary, constitutes the supreme authority of CONPASA/PASCO, and its actions, except as provided in Article 11 of the Statutes, may only be revoked by another General Assembly.
The Agenda for this Assembly should include, at least, the following matters:
a. Assembly called to order
b. Roll call
c. Reading and approval of the minutes of the previous meeting.
d. Presentation of reports
e. Presentation of bids of venues for events
f. Election of Officers (Oath)
h. Adjournment of the Assembly
The General Assembly shall constitute with:
a. Two delegates, each one with the right to speak and vote, may represent the affiliated National Associations/Federations that are attending. If only one delegate is attending, he shall be entitled to cast two votes. The delegates must submit a credential of his National Association/Federation.
b. The Assembly must be presided over by the members of the Board of Directors of CONPASA/PASCO, who will have the right to speak but will not have the right to vote. Only in case of a tie in the voting, and after a second voting round, the President or his substitute, with his qualitative vote and the consent of the other members of the Board of Directors in attendance, may decide the voting.
The Members of the Board of Directors will have the right to exercise the representation of their National Association/Federation in case the National Association/Federation has no delegate attending to represent it, losing in that case his quality as a member of the Board of Directors before the Assembly.
An Extraordinary General Assembly will be legally constituted with the attendance of a majority of half plus one, of the affiliate members represented by their delegates, accredited as established by the Statutes at the time and place designated by the Board of Directors of CONPASA/PASCO.
a. ORDINARY GENERAL ASSEMBLY – Except due to circumstances beyond control that impedes it, the meeting of the Ordinary General Assembly, shall be held every two years in the odd year, in a place selected by the General Assembly. The Board of Directors of CONPASA/PASCO must send the convocation notice to its affiliates sixty (60) days prior to the date fixed for the meeting.
b. EXTRAORDINARY GENERAL ASSEMBLY – An Extraordinary General Assembly may be convened by the President or by a majority of two thirds (2/3) of the votes of the members of the Board of Directors, or by a written appeal of at least two thirds (2/3) parts of the members. The convocation must be sent to the affiliates by registered airmail.
ARTICLE 17 – HOSTING OF ASSEMBLY
The Members can submit bids to host the meeting of the General Assembly:
a. Such bids must to be received by the Secretary of CONPASA/PASCO thirty (30) days prior to the date of the General Assembly, in which the bids will be considered. Detailed bids must to be submitted during the Ordinary General Assembly. A bid deposit of two hundred American dollars (U.S. $. 200.00) must be included with the bid. This deposit will be refunded to all unsuccessful bidders during the Assembly at which the bid was considered. The successful bidder will be refunded his deposit within seven (7) days following the conclusion of the Assembly, for which the bid was presented.
b. If a bidder does not fulfill all commitments for hosting a meeting of an Assembly, or cancels the Assembly arrangements at any time after having been awarded the same, the bid deposit shall be forfeited and shall be applied towards the cost of arranging an Assembly at an alternative site. When an assembly is canceled, the Board shall determine the alternate venue.
c. Only one (1) city from any country may submit a bid to host an Assembly.
ARTICLE 18 –ORDINARY GENERAL ASSEMBLY
The Ordinary General Assembly will convene legally on the first convocation with the attendance of half plus one of the affiliated organizations and represented by their duly accredited delegates. After one hour has passed after the time established in the convocation for the session, the Assembly with the presence of at least one-fourth (1/4) of the Affiliates shall be considered valid. The National Associations/Federations, which were absent or left the session, are compelled to comply with the resolutions made by any type of Assembly.
The Assembly will be presided over by the President or a substitute. In the event that the opening time of the Assembly has been reached and the corresponding quorum is present, and none of the members of the Board of Directors of CONPASA/PASCO are present, the Assembly may appoint by a majority vote a President "Ad Hoc" for the discussions, until the arrival of the President or a member of the Board of Directors of CONPASA. That member of the Board shall perform the duties of the President of the Assembly in the absence of the real President or his substitute. If no Board member arrives until the end of the session or sessions, the person designated to lead the discussions must complete discussions on the agenda and forward the decisions to the President or to the Board of Directors of CONPASA/PASCO.
If by the retirement of any delegation from a General Assembly, the corresponding quorum is broken, the delegations in attendance may continue assembled and the resolutions made and approved by the majority will be valid.
ARTICLE 21 - AUTHORITY OF THE ASSEMBLY
The Duties of the Ordinary General Assembly:
a. To Approve or disapprove the agenda of Assembly.
b. To elect when it corresponds, the Board of Directors of CONPASA/PASCO, in nominal way and by direct and secret ballot.
c. To consider the report of the Board of Directors, presented by its President, containing the development work within the corresponding period.
d. To consider the general balance sheet and the inventory presented by the Board of Directors, through the intervention of the Secretary General.
e. To study and resolve the recommendations and proposals of the Board of Directors of CONPASA and the affiliated organizations.
f. To prepare the schedule of activities and to approve the working-programs.
g. To award the main sites and alternatives, as well as to determine the dates of the Championships.
h. To consider the affiliation and non-affiliation of National Associations/Federations.
i. To address all matters, which the Assembly considers convenient within its general business.
j. To ratify the decisions taken by the Board of Directors in matters regarding Article 27.
k. To resolve in priority of appeals the matters they have to deal with in accordance with these Statutes.
l. To decide on the site of the next Ordinary General Assembly. The National Associations/Federations may give notice of motions to form part of the agenda of the session of the General Assembly to the Secretary General, not less than forty-five (45) days prior to the meeting of the Assembly and must be mailed to each member of the National Associations /Federation not less than thirty (30) days prior to that meeting. Other business, of which notice has not been given, shall only be dealt with by unanimous consent of the Assembly.
ARTICLE 22 – FORMATION OF THE BOARD OF DIRECTORS
CONPASA/PASCO shall be managed, supervised and represented by:
a. A Board of Directors consisting of eight (8) members, over twenty (25) years of age, who shall serve during a four (4) years term and they may be reelected.
b. The election shall be held every four (4) years or when one of the officers mentioned in Article 23 no longer fulfills his duties.
c. Where an interim vacancy occurs in the Board of Directors, this vacancy will be filled in the following way:
If the interim vacancy occurs in the function of:
I. PRESIDENT - The 1st Vice President shall assume the office of President until the next election scheduled in the General Assembly.
II. FIRST VICE PRESIDENT - The Board of Directors shall accept nominations from the National Associations/Federations of all regions of CONPASA. The President or his substitute, in consultation with the Board of Directors shall appoint a replacement from the persons nominated to complete the term of that office until the next scheduled election in the General Assembly.
III. REGIONAL VICE PRESIDENT - The Board of Directors shall accept nominations from the National Associations/Federations of the affected region of CONPASA. The President or his substitute, in consultation with the Board of Directors, shall appoint a replacement from the persons nominated to complete the term of office until the next scheduled election in the General Assembly. The affiliates must be informed of an existing interim vacancy within four (4) weeks after the vacancy occurred and the affiliates will have two (2) weeks to submit a nomination. In all cases, the persons appointed to fill the interim vacancy, will be eligible to seek election at the next Ordinary General Assembly.
d. The National Associations/Federations must give notice to the Secretary by mail of the nominations of all officers, at least thirty (30) days before the General Assembly, of any candidate they wish to submit on behalf of their National Association/Federation.
e. Each National Association/Federation can nominate only one (1) candidate for each function, and the President and Secretary of the National Association/Federation that submit the nomination must sign the nomination form. SOLE ARTICLE: A member of the Board of Directors may also nominate himself for re-election, as long as he has the support of the majority of the members of the Board of Directors.
f . The Secretary will send by mail the list of candidates to each National Association/Federation, at least fourteen (14) days prior to the Assembly.
ARTICLE 23 – OFFICERS OF THE BOARD OF DIRECTORS
a. 1 President
b. 1 First Vice-President
c. 1 Secretary General
d. 5 Regional Vice Presidents:
I. 1 Vice-President for North America
II. 1 Vice-President for Central America
III. 1 Vice-President for the Caribbean (Spanish speaking)
IV. 1 Vice-President for the Caribbean (English-speaking)
V. 1 Vice-President for South America
ARTICLE 24 - SECRETARY GENERAL
All members and officers of the Board of Directors shall be elected, with the exception of the Secretary General who shall be appointed by the President.
ARTICLE 25 - DUTIES OF THE BOARD OF DIRECTORS
The duties of the Board of Directors of CONPASA/PASCO will be the following:
a. To represent CONPASA/PASCO.
b. To comply and make others comply with the Statutes, Regulations and Resolutions of CONPASA/PASCO.
c. To assume responsibility of their actions before the General Assembly. Their resolutions and agreements must be open to appeal before the same General Assembly.
d. To grant the affiliation or approve the disaffiliation of the National Associations/Federations, "ad referendum" of the General Ordinary Assembly.
e. The Board of Directors shall assign a DISCIPLINARY COMMISSION that will undertake responsibility for inflicting the penalties and sanctions to the members of the Board of Directors, athletes, leaders, umpires and all those natural persons or legal entities involved in activities related to the Pan American softball in accordance with the regulations and codes in force.
f. To convene the General Assembly in the established manner and to formulate the agenda
g. To manage the funds of CONPASA/PASCO.
h. To Organize and supervise all related to the Softball Competitions in the Pan American Games and Pan American Championships, which will be organized in accordance with the current Statutes and Regulations of the Championships adopted by CONPASA/PASCO.
i. To Promote, accept and endorse, treaties and agreements with the sports entities, subjecting these acts to the ratification of the General Assembly, in the immediate opportunity.
j. To confer representations.
k. To act as an arbiter in the differences of opinions that may arise among the affiliated organizations, at their own request, which will be required to observe the decisions, with the right to appeal before the General Assembly.
l. To award prizes of stimulation and recognition to National Associations/Federations, to Leaders of National Associations/Federations and players according to the definition of Amateur. Prizes of stimulation and recognition may also be granted to persons, to public or private entities that have contributed with some benefits to the Pan American Softball and to CONPASA/PASCO.
m. To appoint employees if necessary, establish their salaries and dismiss them, decisions which must be ratified by the General Assembly.
n. To manage all matters related to the conservation of the affiliations of CONPASA/PASCO to the international sports organizations.
o. In general, to dictate the decisions, resolutions, regulations and codes, etc., which require the best and efficient organization and management of CONPASA/PASCO, which will be submitted for approval to the next General Assembly.
ARTICLE 26 - ASSEMBLY OF PERSONAGE OF DISTINCTION FOR CONPASA/PASCO.
The purpose is to honor those men and women who have performed a major role in the growth and development of the game of softball and who are held in high esteem for their contribution to the Pan American Games and Pan American Championships. A National Association/Federation or CONPASA/PASCO, confirming the participation of these athletes and providing substantiation of their performance may nominate an individual for induction. An individual may be considered for nomination based on his contribution as:
1. Has to be retired from competition for at least four (4) years.
2. Has participated in at least two (2) Pan American Games and/or Pan American Championships.
3. The induction for this category is restricted to no more than two (2) players, preferably one (1) male and one (1) female in each General Assembly.
1. Has participated in at least two (2) of the Pan American Games competitions and/or Pan American Championships as Umpire-In-Chief, Assistant Umpire-In-Chief or as an active Umpire.
2. May also include an organizer constructor, years of service, financial contributor.
3. The induction for this category is restricted to no more than two (2) umpires at each General Assembly.
1. Has participated in at least two (2) competitions of the Pan American Games as a member of a competing team.
1. Must have eight (8) years of active participation in activities of Pan American Games and/or Pan American Championships.
e. Meritorious Service
1. May include any combination of any of the above mentioned activities.
2. May include also an organizer constructor, years of service, financial contributor.
A Selection Commission shall be appointed by the President of CONPASA/PASCO, and shall be comprised of five (5) persons. There must be a minimum of four (4) votes of the Commission to recommend to the General Assembly for election.
ARTICLE 27 – PENALTIES
All disregard or lack of fulfillment of the dispositions of the Statutes, Regulations, Decisions, Resolutions, etc., of CONPASA/PASCO will result in the following penalties. The penalties which will be inflicted in accordance with the Rules of CONPASA/PASCO are:
a. Verbal reprimand, public reprimand, temporary suspension and expulsion.
b. The penalties may be inflicted upon organizations, teams, players and to all persons that occupy a function or positions these having been conferred either by CONPASA or the National Associations/Federations and in general to all those that intervene in activities related to the Pan American Softball, in this way anyone who in any form incurs in any type of offense against softball or the authorities of CONPASA.
c. The organizations, teams or individuals penalized by CONPASA will be announced internationally and publicized in the Pan American Newsletter. The sole authority that has the power to revise or abrogate penalties is the General Ordinary Assembly, in case appeals have been submitted within thirty days after those concerned have been notified.
ARTICLE 28 – AMENDMENTS
CONPASA/PASCO may be amended during an Extraordinary General Assembly of CONPASA with a quorum of two-thirds (2/3) parts of those in attendance entitled to vote. A copy of the proposed amendments must be sent by the secretariat CONPASA/PASCO to each member of CONPASA by airmail at least four (4) weeks before the meeting.
ARTICLE 29 – DISPOSITIONS
All the previous dispositions that were drawn up on this matter are voided. The Statutes and Regulations of the Pan American Softball Confederation (CONPASA) entered into effect, published in this brochure, were approved in the Extraordinary General Assembly of Delegates, held in the city of Willemstad, Curaçao, Netherlands Antilles, on March 31, 1984 and modified at:
1. Extraordinary General Assembly of Delegates held in the city of Monterrey, Nuevo Leon - Mexico, October 16, 1993.
2. Extraordinary General Assembly of Delegates held in San Juan, Puerto Rico, on June 17, 1995
3. Extraordinary General Assembly of Delegates held in the city of Valencia, Carabobo, Venezuela, on December 13, 1999.
4. Extraordinary General Assembly of Delegates held in Guatemala City, Guatemala, on February 26, 2004.
5. Extraordinary General Assembly of Delegates held in the city of Valencia, Carabobo, Venezuela, on April 1, 2012.
REVIEWED BY JULIUS OSCAR HELLBURG