Constitution / Constitución
This is the Constitution of the Pan American Deaf Sports Organization. Pan American Sports Committee for the Deaf (COPANDES) was founded in Buenos Aires, Argentina on December 8, 1971. The organization was inactive from 1975 to 1994. Pan American Deaf Sports Organization (PANAMDES) was re-established in 1995.
The organization is recognized by the International Committee Sports for the Deaf (ICSD) and is registered as a non-profit Civil Association.
DEFINITIONS and INTERPRETATIONS
Auditor – a certified public Accountant.
CISS – Committee International des Sports des Sourds.
Assembly – the bi-annual meeting of the Members.
Continent of Americas – Pan-American countries.
Deaf Athlete – an athlete with a hearing loss of 55 dB or greater in better ear.
Executive Committee – the Board of Directors of the organization; an individual elected or appointed to serve as a board member of the organization pursuant to these constitution.
ICSD – International Committee of Sports for the Deaf.
Member – those countries meeting the criteria as defined in Article 4 in the constitution are considered voting members and associate members.
National Deaf Sports Federation – A Federation member which is responsible for the sports program in their country.
PANAMDES – Pan American Deaf Sports Organization, ICSD regional member for Americas.
ARTICLE 1 – NAME AND COMPOSITION:
1.1 The name of the organization is the Pan American Deaf Sports Organization, referred to PANAMDES.
1.2 The PANAMDES is a non-profit organization.
1.3 The PANAMDES is registered with the “register of associations” at Mexico City, Mexico.
1.4 The headquarters registered office of PANAMDES shall be in where the elected President reside in.
ARTICLE 2 – OBJECTIVES:
The objectives of the organization are to:
2.1 Promote the development, training, and competition for Deaf athletes in Americas.
2.2 Oversee the Pan American Deaf Regional Championships and Pan American Deaf Sports Games.
2.3 Represent the organization at ICSD events.
2.4 Promote the objectives of the ICSD in the Americas region, under the supervision of the ICSD.
2.5 Encourage ethical behaviour and good governance in sport in compliance with the Basic Universal Principles of Good Governance.
2.6 Ensure that the spirit of fair play is integrated as part of Deaf sports in the Americas.
2.7 Ensure the protection of clean athletes and the integrity of deaf sports by enforcing the fight against doping.
2.8 Maintain close relations with ICSD and the National Deaf Sport Federation of the Americas.
2.9 Establish commissions to support the activities of PANAMDES such as Finance Commission, Legal Commission, Youth Commission and Women Commission.
2.10 Coordinate the calendar of international and regional sporting events respecting the Deaflympics cycle, a period of 4 years.
2.11 Strengthen the bonds of friendship and solidarity among deaf sports people through the national deaf sport federations and ICSD.
2.12 Ensure the quadrennial celebration of the Pan American Deaf Games and Pan American Regional Championships and to regulate and to supervise their organization.
2.13 Cooperate with the National Deaf Sport Federation of the Americas for the promotion and organization of workshops and seminars.
2.14 Assist and encourage development of sports programmes for Deaf people where needed.
2.15 Support and promote the education of youth through Deaf sport.
2.16 Support and promote of women in Deaf sport at all levels and in all structures.
2.17 Act against any form of discrimination affecting deaf athletes and including but not limited to coaches, team leaders and officials
ARTICLE 3 – LANGUAGE
3.1 The official language of PANAMDES shall be English and Spanish. In case of conflict in the texts, the English version shall prevail.
3.2 The language of Assembly shall communicate in International Sign Language.
ARTICLE 4 – MEMBERSHIP
4.1 Membership in PANAMDES is limited to Voting Members and Associate Members.
4.2 The voting members of PANAMDES are the National Deaf Sports Federation recognized by the ICSD and approved by PANAMDES for admission to membership by the PANAMDES Assembly.
4.2.1. Each National Deaf Sports Federation should submit to the PANAMDES with their application for membership a copy of their constitution and regulations in the English and/or Spanish language with recognition from its own federal government or its government sports agency. Any modifications of the application must be communicated to the PANAMDES.
4.2.2 National Deaf Sports Federation having their own sports structure, a board with a majority of deaf members and complete independence and autonomy to manage deaf sports in its own country, shall be a voting members of the PANAMDES.
4.3 Associate Members of PANAMDES, without their own sports structure that carry out similar functions and roles, are sport organizations that are not National Deaf Sports Federations recognized by the ICSD, its federal government, or its government sports agency. To be admitted to Associate Membership by the PANAMDES, sport organization must apply for membership for admission by PANAMDES.
4.4 If a voting member of PANAMDES has its recognition by the ICSD withdrawn, it shall therefore immediately cease to be a Voting Member of PANAMDES.
4.5 If a voting member of PANAMDES has its rights and privileges suspended by the ICSD, it shall therefore immediately have its rights and privileges suspended in PANAMDES.
Article 5: RIGHTS and OBLIGATIONS of MEMBERS
5.1 The Voting members of PANAMDES have the following rights:
5.1.1 To vote at PANAMDES assembly
5.1.2 To be represented up to 3 delegates, one of which shall be female
5.1.3 To apply together with a City within its jurisdiction for the right to host the Pan
American Games or Regional Championships.
5.1.4 To requisition the summoning of an Extraordinary General Assembly as provided
in this Constitution
5.2 The Associate Members have the following rights:
5.2.1 To be represented by a delegate without voting rights.
5.3 All Members have the following rights:
5.3.1 To participate in all competitions, events and activities of the PANAMDES.
5.4 All members shall only be permitted to exercise its right pursuant if the annual membership fee and any outstanding levies have been paid in full and received by the Secretary – General, Treasurer or designated prior to the Assembly and/or Pan American Deaf Games and Pan American Deaf Regional Championships.
Article 6: GOVERNING BODIES
6.1 The Assembly shall be the legislative body.
6.2 The Executive Committee shall be the executive body.
6.3 The Secretary-General shall be the administrative body.
Article 7: ASSEMBLY
7.1 The Assembly, supreme governing body of the PANAMDES, shall be held every 2 years in connection with Pan American Deaf Games or other major events of Deaf sport in Americas.
7.2 The executive committee shall decide on the date and place of the Assembly.
7.3 A notice summoning Assembly stating the date, time and venue shall be sent to the members at least 180 days prior to the date of the Assembly.
7.4 Voting members may submit to the Executive Committee written proposals for items of business to be considered at the Assembly at least 4 months prior to the date of the Assembly.
7.5 The agenda containing the items of business with supporting papers, if applicable, all be sent out to all Members and the Executive committee at least 60 days prior to the date of the Assembly.
7.6 The agenda for the Assembly shall include the following items:
7.6.1 Appointment of the three scrutineers
7.6.2 Approval of the minutes of the previous Assembly
7.6.3 Approval of the minutes of any Extraordinary Assembly that may have taken
place since the previous Assembly
7.6.4 President’s Report
7.6.5 Secretary General’s Report
7.6.6 Presentation of the audited annual statements covering the last completed
financial year
7.6.7 Appointment of an auditor recommendation by the Executive Committee
7.6.8 Report on Pan American Deaf Games and/or Regional Championships of the
preceding years
7.6.9 Report on forthcoming Pan American Deaf Games and/or Regional
Championships
7.6.10 Any amendments to this Constitution properly brought before the Assembly
7.6.11 Any other matters brought before the Assembly
7.6.12 Any elections as set out in this Constitution
7.7 A written requisition of the Voting members and a resolution of the Executive Committee shall specify the matters to be considered the Extraordinary Assembly.
7.7.1 In the case of an Extraordinary Assembly called by written requisition of the one-
third Voting members, be held within 90 days of receipt of the requisition and summoned by the Secretary-General by giving notice of the Extraordinary Assembly including place, date and agenda at least 45 days prior to the date of the Extraordinary Assembly.
7.7.2 In the case of an Extraordinary Assembly called by at least 4 members of Executive Committee, the President must convene an extraordinary meeting of
the Executive Committee, be held upon notice being given at least 60 days prior to the date of the Extraordinary Assembly.
7.7.3 The names of the delegates of all members must be sent to the Secretary- General 30 days prior to the opening of Extraordinary
Assembly in order to establish if there will be a quorum.
7.8 Bi-annual Assembly or Extraordinary Assembly of the PANAMDES meetings can be cancelled by decision of the executive committee if it is expected that a quorum will not be met.
7.9 Only delegates, who are deaf and fluent in International Sign Language, may represent Voting and Associate members.
7.10 Only the Constitution of the PANAMDES may be amended only at the Assembly.
ARTICLE 8 – VOTING RIGHTS AND RIGHTS OF ATTENDANCE AT ASSEMBLY OF PANAMDES
8.1 Each Voting member of PANAMDES shall have the right to attend and speak at the Assembly.
8.2 Each Voting member of PANAMDES shall be entitled to cast one (1) vote at the Assembly.
8.3 Only the delegates must be present in order to be entitled to vote.
8.4 Vote by letter or proxy is not allowed.
8.5 ICSD members and Honorary members of the ICSD for any country in the Americas may attend upon invitation of the President.
8.6 Associate members of PANAMDES have the right to attend and speak at Assembly but do not have the right to vote at Assembly.
8.7 Members of PANAMDES Commissions may attend upon the invitation of the President but they have the right to speak if permitted by the President to matters within the terms of reference of their Commissions.
8.8 Special guests may attend upon the invitation of the President but they have the right to speak only if granted permission to do so by the President.
ARTICLE 9 – QUORUM AND PASSING RESOLUTIONS/CONSTITUTION AT PANAMDES ASSEMBLY
9.1 The quorum for Assembly shall be a majority of the total number of Voting members of PANAMDES.
9.2 All decision shall be made by simple majority (50+1 percent) with the exception of the following matters which require the approval of 75 percent of the votes:
9.2.1 – Alterations or additions to the Constitution 9.2.2 – Additions to the Agenda of Assembly 9.2.3 – Dissolution of the PANAMDES
Article 10 – POWERS
The Powers of PANAMDES are, but limited, to:
10.1a Regulate and, if necessary, monitor and control the operations of PANAMDES.
10.1b Provide facilities for settlement of disputes and/or discipline of misconduct and for breach of any By-law of this Constitution.
10.1c Control and invest the funds of the PANAMDES in such matter as shall be decided from time to time.
10.1d Borrow, raise or secure the payment of monies and to lend money or credit to any person or body or persons in such manner as the PANAMDES may decide.
10.1e Purchase, transfer, sell, assign, mortgage, lease, hire or exchange land, equipment, plant, furnishing or any other property whatever, and in any matter authorized by law, to improve, levy and collect annual membership fees and other charges upon or from its member.
10.1f Acquire and hold any estate or interest in any property whatsoever.
10.1g Raise money and acquire such assets necessary to carry out the above and to obtain such permits as may be necessary for that purpose.
10.1h To do all things necessary for or incidental to the pursuit of the Objectives.
10.2 All matters not provided for under these Statues or cases of extreme emergency shall be settled by the PANAMDES, whose decision shall be final
10.3 Decisions in matters of legislation, however, shall not become operative until these decisions are approved at the Assembly.
10.4 Any activity of the Bodies and Committees shall be subordinated to the strict observation of the Statues and Regulations of PANAMDES.
ARTICLE 11 – EXECUTIVE COMMITTEE OF PANAMDES
11.1 The Executive Committee of PANAMDES shall consist of: 11.1.1 The President
11.1.2 Vice President
11.1.3 Secretary-General
11.1.4 Treasurer
11.1.5 Sport Director
11.1.6 Three representative of the Americas Zone – North Zone, Central Zone and South
Zone
11.2 The Voting members shall have regard to the following matters when electing the executive committee, namely their expertise, skill level and equality representation.
11.3 All members of the Executive Committee must be deaf, be able to use International Sign Language and be a member of their National Deaf Sports Federation.
11.4 Elected members of the Executive Committee may not serve as executive members of any international deaf sport bodies such as International Deaf Association Members except can be represent for ICSD Regional Confederation or any positions for CONSUDES executive committee.
11.5 Members of the Executive Committee are representatives of the PANAMDES. They must not follow instructions from governments or form any organization or individual, which in any way would bind them or interfere with the independence of their vote.
11.6 Only up to 2 (two) member from a National Deaf Sport Federation shall be eligible to be elected to the Executive Board.
11.7 The members of the Executive Committee shall be elected for four years.
11.8 The current members of the Executive Committee shall be eligible for re-election only if nominated by their National Deaf Sports Federation
11.9 The elected members of the Executive Committee begins and expires at the end of the Assembly at which the election has taken place.
11.10 Nominations onto Executive Committee of PANAMDES:
11.10.1 Each National Deaf Sports Federation is allowed to nominate a maximum of two person to be considered for election onto the Executive Committee.
11.10.2 Nominations must be sent in writing to the Secretary General 90 days prior to the forthcoming Assembly, using an appropriate nominations form.
11.10.3 A list of nominees will be sent out to all National Deaf Sports Federations by the Secretary General 60 days prior to the date of the Assembly.
11.10.4 Votes, each member shall vote by placing a suitable mark on the ballot paper alongside the name of the candidate they wish to elect, will be taken at Assembly to elect a
11.10.4.1 President
11.10.4.2 Vice President
11.10.4.3 Secretary General
11.10.4.4 Treasurer
11.10.4.5 Sport Director
11.10.4.6 Three representative of the Americas Zone – North Zone, Central Zone, South Zone
11.10.5 All elections shall be decided by majority vote of the Voting members, according to the following procedures:
- a) One valid nomination – Winner is declared by acclamation
- b) Two valid nominations – Winner is the nominee receiving the greatest number of votes.
- c) Three or more valid nominations – Winner is the nominee receiving the greatest number of votes. In the case of a tie, the nominee receiving the fewest votes will be deleted from the list of nominees and a second vote will be conducted. IF there continues to be a tie and more than two nominees, the nominee receiving the fewest votes will be deleted from the list of nominees until there remains only two nominees or a winner is declared. If only two nominees remain and there continues to be a tie, should hold a debate which nominee must give presentation for their vision and sport program on their position. Questions will be provided by members and answered at the end, then vote then a winner is declared.
11.11 If the President ceases to fulfil their duties, the Vice-President shall undertake them until the next Assembly. If Vice-President does not accept this position, PANAMDES executive committee can appoint someone to be President until next Assembly to approve.
11.12 Vacancies on the Executive Committee of PANAMDES occurring for any reason may be filled by appointment of the Executive Committee of PANAMDES until the next Assembly.
11.13 The Executive Committee may impose penalties predominately be determined.
11.14 The Executive Committee of PANAMDES shall meet at least twice (2) a calendar year.
11.15 The position on the Executive Committee shall automatically be vacated:
a) Is found to act in irresponsible or inappropriate conduct.
b) Becomes bankrupt, suspends payment, or compounds with his or her creditors, or makes unauthorized assignment or is declared insolvent
c) legally incompetent and/or is found by a court to be of unsound mind
d) dies
11.16 Members of the Executive Committee must leave a meeting when a dispute concerning their person is discussed and a decision is taken.
11.17 The Executive Committee shall appoint Chairpersons and members of sub-committees. The Secretary-General or their representative may officially attend each Committee meeting.
11.18 In the case of a representative from the PANAMDES attending a Pan Am Deaf Games or Regional Championship, the travel and accommodation costs shall be paid by the host country (for the PANAMDES-President and the Secretary-General of the PANAMDES or a representative – a maximum two members of the Executive Committee of the PANAMDES).
11.19 The Executive Committee may establish any of the following Commissions that are necessary:
11.19.1 Athletes Commission 11.19.2 Appeals Commission 11.19.3 Legal Commission
11.19.4 Anti-Doping Commission 11.19.5 Technical Commission 11.19.6 Women in Sport Commission 11.19.7 Youth Commission
11.19.8 Such additional commissions as the Executive Committee may deem necessary
Article 12 – THE POWERS and DUTIES OF THE EXECUTIVE COMMITTEE
12.1 The PRESIDENT
12.1.1 The President shall preside at Assembly and meetings of the Executive
Committee and Committee of which s/he is elected the Chairperson
12.1.2 In the event of PANAMDES being involved in a court case, the executive
committee will appoint a legal representative to liaise with the President
12.1.3 The President is allowed to take certain initiatives or decisions, but these must
be submitted for ratification by the Executive Committee at its next meeting
12.1.4 If the President is unable to perform these duties, their place shall be taken by the Vice- President
12.2 The VICE-PRESIDENT
12.2.1 Support and report to the PANAMDES President, and in their absence or upon
designation, preside over meetings and represent the organization.
12.2.2 Provide impartial advice to the PANAMDES Executive committee
12.3 The SECRETARY-GENERAL
12.3.1 The Secretary-General shall be the head of the Secretariat of the PANAMDES
12.3.2 The Secretary-General shall be responsible for the drawing up of the minutes of
the Assembly and the meetings of the Executive Committee and s/he shall
conduct the correspondence of the PANAMDES.
12.3.3 The Secretary-General shall act as intermediary between the PANAMDES, the
National Deaf Sports Federation and the Organizing Committee of the Pan Am Games for the Deaf and Regional Championship.
12.4 The TREASURER
12.4.1 Treasurer shall be responsible for keeping the accounts and liaising with the
Accountants
12.4.2 Treasurer shall be responsible to the Executive committee for finances
12.4.3 Signatories to the ICSD bank account shall only be drawn from PANAMDES
Executive committee members and the PANAMDES Treasurer.
12.4.4 The PANAMDES financial reports shall be submitted to PANAMDES Executive
committee on quarterly monthly basis.
12.4.5 The PANAMDES budget shall be submitted to the PANAMDES Executive
committee on an annual basis
12.4.6 The PANAMDES accounts and the auditor’s report shall be submitted to the
PANAMDES members and executive committee on an bi-annual basis and at the request of the PANAMDES executive committee at any time.
12.5 The SPORTS DIRECTOR
12.5.1 The Sports Director shall oversee all aspects of competition organizations,
management, and delivery for their sport, and shall liaise with the local Organizing
Committee.
12.5.2 The Sport Director shall maintain the PANMADES sports regulation for their sport
and approve PANMADES records where applicable.
12.5.3 The Sports Director shall provide a full list of participants, results and PANMADES record where applicable no later than one (1) month after the conclusion of the PAN AM Deaf of the GAMES and/or PAN AM Deaf Regional Championship.
12.6 Three (3) Representatives of Americans Zone
12.6.1 The remaining three representatives of the Executive Committee, without specific
roles, will undertake duties as seen fit by the Executive Committee, to support PANAMDES in achieving their objectives.
ARTICLE 13 – FINANCIAL OBLIGATIONS OF THE PANAMDES
13.1 The financial period of PANAMDES shall be from 1 January to 31 December of each calendar year.
13.2 Power of Attorney: President, Secretary General and Treasurer can have two of three together give power of attorney for Bank Finance.
13.3 The annual contribution fee of each National Deaf Sports Federation shall predominantly be determined by the executive committee and approved at the Assembly by PANAMDES members.
13.4 The participation fees for Pan Am Games for the Deaf and Regional Championships (including qualifying rounds) shall predominantly be determined by the executive committee by PANAMDES and approved at the Assembly by PANAMDES members.
13.5 Each country participating in a Pan Am Games for the Deaf and Regional Championships (including qualifying rounds) has to pay fees to PANAMDES.
13.6 National Deaf Sports Federation which has entered their athletes in Pan Am Games for the Deaf and Regional Championship (including qualifying rounds) but then fail to participate must pay penalty.
ARTICLE 14 – HONORARY MEMBERS
14.1 The Assembly may grant a title of honorary member to person for meritorious service rendered to the PANAMDES.
14.2 They shall be nominated by the Executive Committee.
14.3 An Honorary member shall be invited to attend General Assembly with the right to join in discussions but not right to vote.
14.4 An Honorary member can be invited to attend the Pan Am Games for the Deaf and/or Regional Championships as guest of PANAMDES and the Organizing committee shall cover the accommodation expenses, but travel expenses may be cover by the National Deaf Sports Federation and/or PANMADES.
ARTICLE 15 – SUSPENSION and TERMINATION of MEMBERSHIP
15.1 The membership of voting or associate members may be suspended or terminated by the executive committee of the PANAMDES for any of the following reasons:
15.1.1 Breach of the terms of this Constitution
15.1.2 Non-compliance with the payments of these constituents objectives; or
15.1.3 Dishonourable conduct or bringing Deaf Sports into disruption
15.2 A member under suspension loses all rights and privileges of membership. In particular a suspended member shall not be entitled to attend or vote at the Assembly and may not be allowed to enter athletes in any events or activities organized or sanctioned by the PANAMDES
15.3 A suspended member may be re-admitted when the reason(s) for the suspension has been resolved satisfactorily, by applying for re-admission to the Executive Committee through Appeals Commission.
ARTICLE 16 – RESIGNATION of MEMBERSHIP
16.1 A member may resign (upon payment of all monies owing to PANAMDES) for reason of:
16.1.1 The member is no longer recognized by their national government or the PANAMDES as a national body with responsibility for Deaf sports.
16.1.2 The member is no longer accepts by its members as a national body with responsibility for the sport it’s represents.
16.1.3 Any other reason a member deems appropriate.
ARTICLE 17 – DISSOLUTION of PANAMDES
17.1 The PANAMDES seal is not to be dissolved except at Assembly or Extraordinary Assembly and by a proposal carried by a majority of three-fourths of the votes cast
17.2 In case of dissolution of the PANAMDES its fund shall be transferred to the CISS/ICSD which will invest them until the re-establishment of the PANAMDES.
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