FARMINGTON AMATEUR BASEBALL CONGRESS
BY-LAWS
(REVISED DECEMBER 2009)
ARTICLE I – ELIGIBILITY
The player eligibility rules of this association shall
be those of the American Amateur Baseball Congress as published in the current
year official handbook plus the following local rules.
A. In order to
be eligible to play in the Stan Musial League, a player must be 19 years of age
before May 1st of the current calendar year.
B. In order to
be eligible to play in the Connie Mack League, a player must be under 19 years
of age before May 1st of the current calendar year. All players under the age of 17 must be a
select player and receive board approval.
C. In order to
be eligible to play in the Mickey Mantle, a player must be under 17 years of
age before May 1st of the current calendar year. All players under the age of 15 must be a
select player and receive board approval.
D. In order
to be eligible to play in the Sandy Koufax, a player must be under 15 years of
age before May 1st of the current calendar year. All players under the age of 13 must be a
select player and receive board approval.
E. In order
to be eligible to play in the Pee Wee Reese League, a player must be 11 years
of age before May 1st of the current year and must not be 13 years
of age before May 1st of the current year. A 10-year-old player may
play Pee Wee Reese if he/she has
an older brother or sister in that division and their father, mother or legal
guardian manages the team that
they play on. Ten-year-old fifth grade
students may play Pee Wee Reese if he/she chooses.
F. In order
to be eligible to play in the Willie Mays League, a player must be 9 years of
age before May 1st of the current year and must not be 11 years of
age before May 1st of the current year. An 8-year-old player may play Willie
Mays if he/she has an older brother or
sister in that division and their father, mother or legal guardian manages the team that they play
on. Eight-year-old third grade students
may play Willie Mays if he/she chooses.
G. In order to
be eligible to play in the Roberto Clemente League, a player must be 7 years of
age before May 1st of
the current year and must not be 9 years of age before May 1st
of the current year. A 6-year-old
player may play Roberto Clemente if he/she has an
older brother or sister in that division and their father, mother or legal guardian manages the team that they play
on. Six-year-old first grade students
may play Roberto Clemente if he/she chooses.
H. In order to
be eligible to play in the Duane Ward League, a player must be 5 years of age before
May 1st of the current year and must not be 7 years of age before
May 1st of the current year.
I.
Have been under contract to his team
continuously since not later than June 15th for Duane Ward, Roberto
Clemente 7’s and 8’s, Willie Mays 9’s and 10’s, Pee Wee Reese 11’s and
12’s, Sandy Koufax, 13’s and 14’s. No later than July 1st for
Mickey Mantle 15’s and 16’s, Don Mattingly, Connie Mack and Stan Musial.
J. Have
established a temporary or permanent residence within the Recruiting Area of
the league no later than
June 15th.
K. Appear
in at least one game for his team prior to June 15th. A player may have this game
participation
requirement extended if he is still competing in a high school
sanctioned state championship tournament or is a college participant in a state, regional, or national
tournament. Players will be required to
report and play within
five days of the conclusion of said tournament. In no case can the date be extended beyond July 1st.
L. All
leagues must require that each of its teams complete an official AABC
roster. On or before July 15th
of each year, each league shall
provide to the executive officer of their association a certified AABC roster
for each team in the
league which is eligible for tournament competition.
Unless otherwise prescribed by AABC or FABC ruling,
the following residence eligibility rules shall apply to players:
A. Reside within the boundaries of Farmington,
NM or reside in the Farmington School District. For these leagues except Sandy Koufax, Mickey
Mantle, and Connie Mack. For these
leagues refer to recruiting area.
B. The recruiting area for Connie Mack, Mickey
Mantle and Sandy Koufax leagues shall be the boundaries of the Greater Four Corners
Area Baseball Congress.
C. A player who vacations
within the boundaries of Farmington, NM and is living with a relative who resides
within the boundaries of the Farmington School District,
providing that the relative is a bona fide resident (rents or owns living
quarters) and a mother, father grandparent, brother, sister, aunt, uncle, or a “Court Appointed Legal
Guardian,” is eligible but they cannot be considered an option
(pre-selected)
player, they must go into a draft process. This to apply to all leagues
except for the Connie Mack, Mickey
Mantle, and Sandy Koufax. Providing also that the relationship, physical
address (not P.O. Box Numbers), telephone numbers, and
the duration of stay is furnished at the time of FABC registrations. Any player, who played
under the residence rule in 2001, is eligible to continue playing in FABC until
they decide to do
otherwise, providing their participation is continuous.
D. A player
who resides in the boundaries of GFABC may
participate in FABC, provided there is no other AABC program in their age group
where they reside and, otherwise meets the requirements, and providing the FABC
Board of Directors approves his participation in the FABC program.
E. For the
Connie Mack, Mickey Mantle, and Sandy Koufax leagues, a player who resides with
a relative who is bona fide
permanent resident (rents or owns living quarters) within the boundaries of
GFABC, and
provided
that the relative is a mother, father, grandparent, brother, sister, aunt,
uncle, or a “Court Appointed
Legal Guardian”, is eligible to play as a resident providing that a
document containing relationship, physical address (not PO Box No.), telephone numbers
(permanent & vacation), and the duration of stay is furnished at the time of FABC registrations. The document should be signed and dated by all parties (player,
parents, & relative) as
to its accuracy and a copy should be kept by any team utilizing this rule.
No admission shall be charged for regular season
league games. Donations shall be
accepted to help with league expenses.
All matters pertaining to discipline shall be handled
as prescribed in the official baseball rules.
Furthermore, the FABC Board of Directors may impose more stringent
penalties upon managers, coaches, and players depending upon the gravity and
magnitude of the undesirable actions.
FABC will impose necessary measures to control undesirable and
unnecessary acts of spectators in order to provide a suitable environment in
which players may play baseball.
A. A manager,
coach, or player may be disciplined in any manner at the discretion of the
Board.
B. The
individual(s) involved shall be entitled to a hearing at a special meeting before the Board before a decision regarding
discipline may be rendered.
C. Any individual whether he/she is a Coach,
Manager, Player, Parent or Game Official involved in any physical altercation
on City premises will have a one (1) game suspension for the first offense.
Second offense will result in a suspension for the remainder of the season and
possible banishment from FABC.
D. Actions for which discipline may be taken include, but are not
limited to, display of temper tantrums,
swearing, harassment of a player, umpire or coach, throwing playing equipment, and failure to observe
FABC rules and regulations.
E. Players committing theft of FABC property
will receive a 2 game suspension for the first offense; the second offense will result in suspension for
the remainder of the season.
F. Regarding all teams with mandatory play rule; any disciplinary
action regarding a player must be approved by the VP of that respective league prior to game time. Any
infractions committed during a game may be disciplined at
the discretion of the manager and reported to the division vice-president as
soon as possible. Discipline
will be set for the following game.
Protests are recognized to be an integral part of the
game of baseball where there has been an error in interpreting and applying the
rules. The FABC expects protests
procedures to be observed and handled in a gentlemanly manner by manager,
coaches, and umpires.
A. An
arbitration board of seven (7) members (any three of the seven will constitute
a panel) will be appointed by the FABC President to serve for the season. The panel selected for a protest will have
complete and final authority for ruling on the protests. No manager or coach of the league/division
presenting the protest will be eligible to serve on the panel.
B. All protests
must be made immediately after the ball becomes “dead” after the umpire’s
ruling. The manager must notify the head umpire that he protesting the ruling.
The head umpire will then notify the official scorekeeper of the protest. Using
the Protest Form, the scorekeeper will make appropriate entries describing the
exact game situation which existed just before the play which brought on the
protest and the situation as it is just after the play and ruling which brought
on the protest. The manager shall in addition, when he wants to carry on his
protest, submit it to the League Vice President (or in his absence, to the FABC
Executive Vice President) in writing within 24 hours of the termination
of the game upon which the protest is based, as shown by the postmark on the
envelope in which it is submitted (when tendered in person, the manager shall
be given the receipt). A cash fee of
$50.00 shall accompany the protest.
The specific baseball rules in question and upon which the protest is
based must be cited. No protest on an umpire’s judgment call/ruling will be accepted.
C. When the
protest is not upheld, the fee shall be deposited in the FABC bank account.
When the protest is upheld, the fees shall be returned to the person who
submitted the protest.
D. All protests shall be decided as soon as possible after receipt of the written protest and the $50.00 fee.
E. The protest panel in making its decisions
shall use rules and By-Laws of AABC, FABC and Major League Baseball.
The FABC Board of Directors must approve managers and coaches. Each manager and each coach will be required
to:
A. Observe
and enforce all league rules and regulations.
B. Promote
goodwill and sportsmanship among and between players, umpires, coaches and fans.
C. Handle
all confrontations in a civil manner.
D. All managers must submit a letter to FABC requesting to manage
a team by mail to P.O. Box 1121, Farmington, NM 87499. Background checks will be administered prior
to FABC approval.
E. Returning coaches from the previous year will have first
choice for next year if: (1) Letter of intent is received. (2) The team is a returning team from the
previous year. (3) The team coached
last year is moving up. (4) The league
that they want to coach in is in need of coaches.
F. Any approved coach who has never coaches a team in FABC must
attend a mandatory coach’s clinic to be provided by FABC.
G. All coaches shall be volunteers, and will receive no
compensation of any form for their participation in FABC. Violators of this rule will be barred from
any future participation within FABC, and their team will be subject to
forfeiture of all games played.
H. The manager is responsible for presenting the FABC, prior to the
start of the season:
1. An approved
and signed roster for his/her team.
2. All sponsor
fees applicable.
Failure to provide these items prior to the deadline
set by the FABC will result in no uniforms given to the team and any games
scheduled will be forfeited until these items are presented.
Umpires are necessary to the playing of the game of
baseball. They are expected to umpire
the game in conformance with the official rules of baseball and the rules of
AABC and FABC, recognizing that the League Vice President is responsible for
play in the division.
A. In accordance
with section 4.00 of the official baseball rules, umpires shall enter the
playing field five minutes before the scheduled game time and take charge of
the playing field, and from that moment they shall have designated authority.
B. Prior to
five minutes before game time, the division Vice President has authority and
will be responsible for league activities.
C. Umpires
shall see that their names are recorded on the scores sheets of each game.
D. The umpire of
an immediate relative, who plays
in an FABC League, will be allowed to umpire in the same league, but will not
be able to umpire a game the immediate
relative is playing in.
E. The son/daughter umpire will not be allowed to
umpire a game coached by his father/mother.
F.
Umpires will wear the appropriate uniform and conduct themselves in a
professional manner.
The FABC expects the scorekeeper to diligently perform
their duties which shall included keeping score, maintaining pitching records,
recording names of umpires on each score sheet, keeping unauthorized persons
out of and off the press box and dugouts, call for the return of foul balls and
announce other items such as; sponsors of each team, line up, at bat, on deck,
and such as league officials may properly request. They are to cooperate with
the League Vice President who is responsible for the division program. At
times, the Vice President may provide assistance.
A. Every player and their parent/legal guardian
and the registration fee paid PRIOR to that player participating in any league
game must sign a properly executed contract prescribed by the AABC. At the time of registration, a player must
furnish, a certified birth certificate, as registered by the Bureau of Vital
Statistics of the county (or its equivalent), state, and country in which he/she
was born, a parent permission form, and
home runners application, and all fees paid at time of registration.
B. No player shall be allowed to play in a
game until, registrations forms and registration payments are complete and in possession of FABC. In the event a player participates in a game
without completing
these requirements, his team will forfeit the game.
A. Temporary Releases - Managers who
agree to permit a player on his team to play on another team in an organized league and/or an organized tournament game
will sign a temporary release form, which will specify the team and dates for
which the release will be valid. Such
released player must also provide the temporary manager with a signed statement
from the player’s parent of guardian granting permission for him to play for the
temporary manager. The temporary manager is to insure that he has the required
documents. If the terms of an agreement
for a release can’t be reached, the league vice-president will act as a
mediator.
A. A player must
register before the beginning of the player draft to be drafted on a team. Late
registrations will be put on a waiting list on a first-come, first-serve basis;
the division draft order will be followed to activate players from the division
waiting list.
B. All
players, regardless of age, in the Duane Ward league will be assigned to teams
according to the school they
attend if possible.
C.
All second year
returning players will remain on the roster of their first year team. The
son/daughter, stepson/stepdaughter, or foster son/daughter of a team manager
may be placed on the same team as the older brother/sister unless otherwise
specifically requested by the parents. Incoming brothers/sisters of the same
age will be placed on the same team unless otherwise specifically requested by
the parents. A signed player contract
must be submitted to the division vice-president within 14 days of the first
scheduled division game. Failure to
provide a signed contract will result in forfeiture of all games played up to
that time.
1. Any 2nd year team that loses an optioned player, (one of the original 4) due to moving, doesn’t sign up to play, etc., may replace those players from the draft, prior to the start of the draft. This does not include an optioned player who requests off the team.
2.
Second
year teams who did not start with four options in their first season, may not
fill their open option slots with new option players in the second season.
3.
For
option or draft purposes: twins, brothers, sisters, half-brother/sisters,
step-brother/sisters will count as TWO draft choices consecutively. Managers/coaches will use
their children as select players and not be allowed to draft them later.
4.
A
player, who is granted a release, is not eligible to become an optioned player
for any other team. The player must be placed in the draft for the remainder of
his/her first year or for the start of his/her second year. (Drafted leagues
only).
5.
All select/returning players must be submitted to the league VP one week
prior to draft day.
D. The
Roberto Clemente, Willie Mays, Pee Wee Reese, will have four (4) option players
and draft the remainder of their roster.
1. The Vice
President of each league will determine team roster quotas prior to beginning
the drafting procedures. These quotas will be set to permit each registrant to
be selected or placed on a team. Each team manager shall draft the number of
players necessary to bring his team roster up to the determined quota, or until
all the registrants have been placed on a team. “Passes” will not be permitted.
When a team’s quota has been filled, that team manager will not draft again.
2. The draft
rounds will be conducted in and “Up and Back” fashion (i.e. 1,2,3,4¼18, 19, 20 then 20, 19, 18¼4, 3, 2, 1). The drafting procedure will continue
until all eligible/approved registrants have been selected or placed on a team.
E. The Sandy
Koufax, Mickey Mantle, and Connie Mack leagues shall have an open draft.
1. For the
Connie Mack league only, all teams may sign up to two (2) import players in
addition to the open draft.
A. Teams
must be at the ball field, ready to take infield practice, at least fifteen
minutes prior to game time. The home team has infield until 15 minutes before
game, visiting team takes the next ten minutes, and the umpire is allowed the
final five minutes.
B. A manager
must field a team of at least eight players within ten (10) minutes after
scheduled game or forfeit the game.
C. When
additional players arrive late, they may be put in the game as substitutes,
provided their names have been submitted on the official lineup sheet and the
reason given for their absence.
D. If any of the
eight players who start a game become sick or injured so they cannot play, the
game may continue with fewer players. The “at bat” of such player will become
an automatic out.
E.
All teams in Pee Wee Reese, Willie Mays, Roberto
Clemente, and Duane Ward must wear the cap and uniform provided by the FABC in
all FABC games. The penalty for not obeying this rule may be the forfeit of the
game. Teams in the upper leagues of Sandy Koufax and Mickey Mantle will be
provided a maximum stipend to purchase uniforms of their choice from the FABC
approved Vendor.
F. All
teams in Sandy Koufax League, Pee Wee Reese League, Willie Mays League, Roberto
Clemente League and Duane Ward League, will have the following mandatory slide
rule:
A legal slide can be either foot first or head first. If a runner slides feet first, at least one leg and buttock shall be on the ground. If a runner slides, he must slide within reach of the base with either a hand or a foot. A slide is illegal if:
a. The runner uses a rolling, cross body or pop-up slides into the fielder, or
b. The runners raised leg is higher than the fielders knee when the fielder is in a standing position, or
c. The runner goes beyond the base and then makes contact with or alters the play of the fielder, or
d. The runner slashes or kicks the fielder with either leg, or
e. The runner tried to injure the fielder, or
f. The runner, on a force play, does not slide on the ground and in a direct line between the two bases.
Exception: A runner may slide or run in a direction away from the fielder to avoid making contact or altering the
Play of the fielder.
Any runner is out when he: does not legally slide and causes illegal contact and/or illegally alters the actions of a fielder in the immediate act of making a play, or on a force play, does not slide in a direct line between the bases.
G. Mickey Mantle and Connie Mack will follow the slide rule under the Official Baseball Rules.
A.
Post Season Play –
All post season tournaments in Roberto Clemente though Connie Mack Leagues will
involve all teams that wish to participate. Theses tournaments will be double
elimination until a winner is determined. City tournament teams will be seeded
according to division standings. The
city tournament must be completed at least one week prior to the state
tournament. The winner of the city
tournament will represent FABC in the state and regional tournaments. Additional teams from each division may also
attend the state and regional tournaments according to the amount of teams per
division. One team for each four
division teams may represent FABC in these tournaments. A maximum of four total
teams per division will be allowed to go to the state tournament. Pickup players may be added to the rosters;
however, the winner of the city tournament shall have first priority on pickup
players followed by the 2nd, 3rd, and 4th
place teams, respectively. Any player
refusing to become a pickup player loses the right to become a pickup
player. Pickup players will be decided
upon within 48 hours of the city tournament.
A player may not receive a release from a tournament qualifying team to
participate on another team qualifying for the same tournament.
B.
All managers must declare in writing one week prior to the
bracketing of the city tournament their intention for post season play. If a manager chooses to opt out of
post-season play, the games played by his/her team will not be counted in the
league standings for tournament seeding.
If a manager states that his/her team will participate in post season
play and fails to do so, that manager may receive a one year suspension from
managing or coaching any team in FABC for his/her next season.
C. Sandy Koufax will be seeded according to
standing. An FABC city tournament may
be a blind draw if proposed by
the division VP and approved by a majority of participating managers in Sandy
Koufax.
D.
Funds- A review of the available funds for team travel for post season
will be done prior to the issuance of any funds, by a committee of no few than
three executive board members. The
recommendations for disbursements will be made based on the funds availability, the league age, and the
distance of travel required, etc. FABC
will agree to help the team that plays in the Connie Mack World Series with
assistance in scheduling extra tournament games and travel expenses, to those
tournaments, prior to the World Series, with an executive board decision.
Each division shall draft and submit to FABC for
approval, any necessary additional rules and regulations not in conflict with
the FABC Constitution, By-Laws, or AABC rules.
These will be known as “Game Rules”.
A. All
divisional Game Rules must be presented to the FABC Board of Directors for its
consideration before March 15th of the year in which those Game
Rules apply. If no Game Rules are submitted to the Executive Board by March 15th
the Executive Board will make such Game Rules for that division, as it deems
appropriate.
B. Fund
raisers must be approved by the FABC Board of Directors.
C. Pitching-
If a team or player from another team plays in a tournament and the player
pitches these players are
still subject to the same pitch count requirements.
D. All players in Pee Wee
Reese, Willie Mays, & Roberto Clemente leagues on the team roster will bat
in the order of the official
lineup turned into the scorekeeper (Noting absences and disciplinary) before the
game begins (League Games
only). A player who becomes sick or
injured during a game and can return later will not be considered an out when it is his or her turn
at bat. Any players listed on the
lineup sheet as sick or under
disciplinary reasons will not be considered an out. While school is in session, each player in
attendance- must play at least
(1) inning defensively. Beginning on the day school is dismissed for the summer
vacation, each player in attendance must play at
least two (2) innings defensively in each game of (4) innings or more, and
at least one (1) inning
defensively in games of three and one half
(3 ½) or less. This does not
apply for post- season play or tournament.
Any team that violates
this rule will forfeit that game.
E. Pitching- FOR ALL LEAGUES EXCEPT CONNIE MACK
The official scorekeeper shall be responsible for tracking each
of the team’s pitching counts. Either
through the use of the scorebook or the pitching count chart. Each pitcher’s pitch count is computed by
adding the number of balls and strikes, the number of foul balls hit with two
strikes, and the number of fair batted balls.
Coaches
may also keep track of pitch counts but at no time shall supersede the official
scorekeepers count.
1.
No player shall exceed
more than the allowance for his/her league (see below) in one game.
Note: An exception to this
rule is if a pitcher reaches the limit allowed while facing a batter, the
pitcher may continue to pitch until that batter reaches base or is put out.
2.
If a player pitches 61
or more pitches in a day, three (3) calendar days of rest must be observed.
• If a player pitches 41 - 60 pitches in a day, two (2) calendar days of rest
must be observed.
• If a player pitches 21 - 40 pitches in a day, one (1) calendar day of rest
must be observed.
• If a player pitches 1-20 pitches in a day, no calendar day of rest is
required before pitching again.
Note:
A calendar day is one full day as it is seen on a
calendar. A calendar day begins at midnight
and ends at midnight the following evening.
Example: If a pitcher throws 70 pitches in a game on Saturday morning,
that pitcher cannot pitch again until Wednesday, when he/she has had three
calendar days of rest (Sunday, Monday, and Tuesday).
3.
All pitch
count rules shall apply regardless of game outcome via rain delay to a new day
or suspended games. Calendar days of
rest shall apply accordingly via rule #2.
4.
A game
will be an automatic forfeit if the coach intentionally violates the pitch
count policy after being notified one time by either the official scorekeeper
or umpire in charge.
5.
The official scorekeeper
will advise both coaches when pitch count reaches 10 below limit.
Regular Season
1.
Mickey Mantle 105
pitches per day
2.
Sandy Koufax 95 pitches per day
3.
Pee Wee Reese 85 pitches per day
4.
Willie Mays 75 pitches per day
5.
Roberto Clemente 75 pitches per day
F. Pitching-
If a team or player from another team plays in a tournament and the player
pitches these players are still subject to the same pitch count requirements.
Any question or dispute concerning these FABC By-Laws
will be settled by a compliance committee, made up of the league VP, an
Advisory Board Member, and a representative from either the City, Umpire in
Chief, or Home Runners Club. The ruling
or recommendations will then be presented to the Executive Board and the final
decision made by the FABC President who is responsible for interpretation of
these rules and the operation of the FABC Program.
ARTICLE XVI – INDEMNIFICATION OF DIRECTORS,
OFFICERS AND OTHERS
A. Indemnification
for Actions, Et Cetera, Other than By or In The Right Of The FABC. The FABC shall indemnify any persons who was
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 and whether formal or informal (other than an action by or in
the right of the association) by reason of the fact that the person is or was a
director, officer, employee, or agent of the association, or is or was serving
at the request of the association as a director, officer, employee or agent of
another corporation, partnership, joint venture, trust, or other enterprise,
whether for profit or not for profit against expenses (including attorney
fees), judgments, penalties, fines, and amounts paid in settlement actually and
reasonably incurred by him in connection with such action, suit or proceeding
if the person acted in good faith and, with respect to any criminal action or
proceeding, if the person had no reasonable cause to believe that conduct was
unlawful. The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or upon a plea
of nolo contend ere or its equivalent, shall not, of itself, create a
presumption that the person did not act in good faith and in a manner which the
person reasonably believed to be in, or not opposed to, the best interests of
the association or its members, and with respect to any criminal action or
proceeding, had reasonable cause to believe that the conduct was unlawful.
B. Indemnification
For Actions, Et Cetera, By Or In The Right Of FABC. The FABC shall indemnify any person who was or is a party, or is
threatened to be made a party to any threatened, pending or completed action or
suit by or in the right of the association to procure a judgment in its favor
by reason of the fact that the person is or was a director, officer, employee,
or agent of the association, or is or was serving at the request of the
association as a director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise whether for profit or not
against expenses (including attorneys’ fees and amounts paid in settlement)
actually and reasonably incurred by him in connection with the defense or
settlement of such action or suit if the person acted in good faith and in a
manner the person reasonably believed to be in or not opposed to, the best
interests of the association or its members, and except 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 to the association unless and only to the
extent that the court in which such action or suit was brought has determined
upon application that, despite the adjudication of liability but in view of all
circumstances of the case, such person is fairly and reasonably entitled to
indemnification for such expenses which the court shall deem proper.
C. Determination of
Right To Indemnification. Unless the
person to be indemnified has been successful on the merits or otherwise in
defense of any action, suit or proceeding or in defense of any claim, issue, or
matter therein (in which event he shall be indemnified against expenses,
including attorneys’ fees, as a matter of right), or unless ordered by a court,
any indemnification under Sections 1 or 2 of this Article shall be made by the
FABC only as authorized in the specific case upon a determination that
indemnification of the director, officer, employee or agent is proper in the circumstances
because he had met the applicable standard of conduct set forth in this
section. Such determination shall be
made: (i) by the Board of Directors by a majority vote of a quorum consisting
of directors who were not parties to such action, suit, or proceeding, or (ii)
if such quorum is not obtainable, or even if obtainable, if a majority vote of
a quorum of disinterested directors so direct, by independent legal counsel in
a written opinion, or (iii) by the members.
D. Prepayment of
Expenses. Expenses incurred in
defending a civil or criminal action, suit or proceeding may be paid by the
association in advance of the final disposition of such action, suit, or
proceeding as authorized in the manner provided in Section 3 of this Article
upon receipt of an undertaking by or on behalf of the director, officer,
employee, or agent to repay the expenses if it is ultimately determined that
the person is not entitled to be indemnified by the FABC. The undertaking shall be by unlimited
general obligation of the person on whose behalf advances are made but need not
be secured.
E. Other Rights and
Remedies. 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 other bylaw, agreement,
vote of members or disinterested directors or otherwise, both as to action in
his 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 benefit of the heirs,
executors and administrators of such a person.
F. Insurance. Upon resolution passed by the Board of
Directors, the FABC may purchase and maintain insurance on behalf of any person
who is or was a director, officer, employee or agent of the association, or is
or was serving at the request of the association as a director, officer, employee
or agent of another corporation, partnership, joint venture, trust or other
enterprise against any liability asserted against him and incurred by him in
any such capacity, or arising out of his status as such, whether or not the
association would have the power to indemnify him against such liability under
the provisions of this Article.
Additionally, the league shall have on file a current insurance policy
for participants of the league to include players, umpires, managers, and
coaches.