Article 1º - Constitution and purpose
CONSTITUTION AND NAME. The Association of Pan American Sports Confederations, which will be named ACODEPA, is an international organization recognized by the Pan American Sports Organization PASO. ACODEPA is constituted by the Pan American Sports Confederations or Continental Sports Organizations recognized by their respective International Federation which must also have the recognition of the International Olympic Committee.
Article 2º - Goals and basic principles
ACODEPA is a non political organization that does not have political, racial, economic or religious interests of any kind and does not accept any type of discrimination among its members.
The goals of ACODEPA are the following:
• To coordinate efforts in the development of Pan American Sport, constituting a forum in which all the Continental Confederations can express their concerns and points of view.
• To establish ties and further existing relations with the Government Sport authorities in the American Continent.
• To link with the Pan American Sports Organization (PASO), National Olympic Committees of the Americas, with the National Sports Organizations and with the Organizing Committees of the Pan American Games, with the goal of working together to achieve common objectives and especially participating in the preparation of the Pan American Games.
• To reaffirm and protect the total autonomy of the Continental Confederations, especially with regard to the technical aspects within the limits of the rules of the International Federation of each sport.
• To obtain the signing of agreements in order to improve the equipment to the Pan American Confederations.
• Contribute in the efforts against the use of banned substances, as it is defined in the Olympic Rules.
• To coordinate efforts in the fight against violence in sport.
• To work towards making sport a medium for the spread of cultural, moral and ethical values, having as a guide the Olympic ideals of friendship, honor, effort, perseverance and fair play.
• To maintain relations with those Continental or World associations that are similar in nature to this organizations and other International Sport Organizations.
• To implement and to encourage the implementation of the Olympic Charter of the International Olympic Committee (IOC) and the Pan American Sports Organization (PASO) in matters concerning them and defend the objectives of the Acapulco Charter.
• To encourage information exchange through documents, books, magazines or electronically with the objective of bringing up to date and improving the technical and scientific levels of the affiliated members.
Article 3º Legal personality and official address
ACODEPA was constituted on August 16, 2000 in Mexico City and was legally registered under the public document of the Property Public Registry under the folio number 2827 dated September 5, 2000 in Mexico City.
Its headquarters will be located in the city in which the President of the Executive Board resides and may move to any other city if an agreement is reached by the General Assembly.
The official languages of ACODEPA are Spanish and English. Spanish will be the working language. In case of controversy the original version of the document or declaration.
The Confederations affiliated to ACODEPA maintain full independence and autonomy in the management of their own sports.
The Pan American Confederation that wishes to affiliate with the ACODEPA must present the following documents:
• Application for affiliation signed by its President and Secretary General..
• A copy of its current Constitution.
• A list of the authorities and minutes of the Assembly in which they were elected as well as the minutes in which the last executive board was elected.
The Executive Board will resolve the applications for affiliation and give an account to the Annual Congress.
The Pan American Confederations that comply with the requirements established in Article 1 of this Constitution may be members of ACODEPA.The Confederations whose sports are part of the Pan American Games sports program will have a right to voice and vote. The Confederations whose sports are not part of the Pan American Games sports program may participate in the ACODEPA Assemblies but without the right to vote.
The application to become a member implies a complete understanding and acceptance of this Constitution
In order for a Pan American Confederation to be accepted as a member, it must be verified that in accordance with its statutes the following conditions have been fulfilled:
• That the General Assembly is the highest governing body of its Confederation.
• That its officials have been elected democratically.
• That the members with the right to vote in each Confederation are the National Federations responsible for that sport or that activity associated with the sport in their respective country.
Article 11°.- The rights and obligations of the affiliated members are:
• To attend the Ordinary and Extraordinary ACODEPA Congresses.
• To elect the Executive Board from among its members.
• To make reforms to this Constitution.
• To communicate to the ACODEPA the results of the Pan American Championships, the Pan American records and the competition calendar of each year.
• To rectify or modify the sanctions applied to its members by the Executive Board.
• To put forward their best effort in working with ACODEPA in order to reach the goals proclaimed by the Constitution.
• Assume the costs of its representatives when they participate at the meetings of the Congress or the Executive Board. The Executive Board will make its best effort to finance or partially subsidize this participation.
• Assume the cost of its representatives when they participate at the meetings of the Congress or the Executive Board. The Executive Board will make its best effort to finance or partially subsidize this participation.
The governing bodies and administration of ACODEPA are: the Congress, as the highest authority, the Executive Board with permanent delegated authority, the President as legal representative of this Association and the Fiscal Commission.
The Congress is the highest authority of ACODEPA and will be composed of the affiliated Pan American Confederations represented in the General Assembly. It will be presided over by the President, who will have a voice but not a vote, except in case of tie.
The Congresses will be:
Article 15º - Ordinary congress
ACODEPA will celebrate its Ordinary Congress every two years, during the year of the Pan American Games and in the year 2 years before the Pan American Games. The Executive Board elections will be held at the Congresses in the year of the Pan American Games. It will be presided by the President or in case of absence by the First Vice President and given the case that both are absent by one of the members of the Executive Board. It will have the following agenda:
• Roll Call.
• Presentation of credentials.
• Quorum Verification.
• Reading and approval of the Agenda.
• The Assembly is officially installed
• Approval of the of the Minutes of the Previous Congress
• Reading, analysis and consideration of the Presidency, Secretary, treasury and Fiscal Commission reports
• Information pertaining to Continental or Regional Tournaments
• Executive Board and Fiscal Commission election, who serve for a four year term; when it applies
• General matters
The Secretary General will send the Agenda to the Pan American Confederations at least 30 days before the date of the Congress which must be called for 90 days in advance.
Article 17º - Extraordinary congress
An extraordinary Congress will be held when it is requested by the Executive Board or at least twelve affiliated confederations. It must be convened with a minimum of 45 days prior notice. The subjects to deliberate at these Congresses will be limited to those which were included at the petition for the Congress.
The Ordinary and Extraordinary Congresses must have a minimum of the fifty per cent of the members present plus one of the affiliated members with voice and vote. In order to approve changes to the Constitution, it will be necessary to have the approval of 3/5 parts of the members with voice and vote represented at this Congress.
The Congresses will be composed of the duly-accredited delegates from the Confederations. Each Confederation can be represented by one delegate with voice and vote, and one substitute. Proxy votes will not be valid.
Article 20º - Executive board election procedure
The proposals for the election must be sent by the affiliated Pan American Confederations 60 days prior to the Congress.
Elections are always held by secret ballot, unless there is only one candidate for the position to be filled in which case the Assembly makes its decisions by a show of hands. The Assembly elects first the President, then the Members. For elections to the Executive Board including the election of the President, an absolute majority is required. If no candidate reaches absolute majority, the candidate obtaining the smallest number of votes in each ballot shall be eliminated until one or more candidate(s) obtains an absolute majority.
The Secretary General will take minutes of the meetings. The President and Secretary General will prepare and distribute them to the Executive Board Members.
ACODEPA will be managed by its Executive Board between congresses. The Executive Board will decide all matters of interest to the entity, having always as its goal the development and the higher purposes of sport. Its members will serve four years in their functions and can be reelected independently of the position that they occupy in their respective Pan American Confederation, however they must be part of the Executive Board of their respective confederation at the moment of the elections. If after being elected they are no longer members of the Executive Board of their Confederation, they may remain in the ACODEPA Executive Board with the authorization of the new President of their respective Confederation.
The President and General Secretary will represent ACODEPA. They can act together or independently. In case the Secretary General represents ACODEPA he must do so with the President’s knowledge and approval.
The Executive Board will be made up by the following:
• The President
• The First Vice President
• Four Vice Presidents
• The Secretary General
• The Treasurer
• Four Members
• Two Fiscal Comission
• One Executive Secretary
The Executive Board cannot have more than one representative from each sport.
In order for candidates to be eligible to be members of the ACODEPA Executive Board, they must be proposed by their Pan American Sports Confederation, whose sport must be part of the Pan American Games sports program. The Executive Secretary may be a person that is not necessarily part of a Pan American Confederation; the person appointed by the President may occupy this position.
Article 27º - Rights and obligations of the executive board
The tasks of the Executive Board are:
• To attend the meetings convened by the President and/or or Secretary General.
• To have a voice and a vote in the Executive Board Meetings.
• To agree upon the sanctions to any of the Executive Board Members or Members of the General Assembly in case of the violation of this Constitution or for proven acts that may damage the unity of ACODEPA.
• To appoint temporary substitutes of those Executive Board Members that may not continue to fulfill their duties of their functions. This appointment must be submitted to consideration at the next General Assembly for its approval or verification in each case.
• To implement the decisions and resolutions of the Assembly.
• To manage the affairs of ACODEPA on behalf of its members between Assemblies in accordance with the Constitution.
The Executive Committee may appoint as many temporary or permanent Special Commissions for the appropriate management of ACODEPA as well as to regulate everything related to its activities including conducting Assemblies, Executive Board Meetings, normal working matters and all others that by their nature may be needed.
Article 29º - Executive board meetings
The Executive Board Meetings must be convened by the Secretary General with the Presidents’ knowledge and approval.
The Executive Board will make its decisions based on the majority of votes of the present members. In case of tie , the President will have vote of quality.
The Executive Board will meet at least once a year. It will meet with the Members that attend.
Each affiliated Confederation may withdraw its Member elected to the Executive Board at any time. A member, who, for any reason, no longer has any role within the Executive Board of his/her federation, automatically loses his/her function within the ACODEPA Executive Board.
In case of vacancy within the Executive Board, a provisional designation made by the Executive Board must be ratified at the next General Assembly or an additional election for the remaining period of the mandate must be held.
Article 33º- Rights and obligations of the president
The rights and obligations of the President are:
• To be the legal representative of ACODEPA, including the General Assembly of affiliated members and the Executive Board.
• In addition the President in his capacity as Legal Representative shall have power to grant, subscribe, guarantee and endorse letters of credit, and to make any kind of banking or commerce operations as well as to open or cancel bank accounts.
• The legal representative may grant, delegate and revoke powers of attorney to the people he deems appropriate.
• To sign if applicable the official notifications and other of ACODEPA along with the Secretary General.
• To call for the Ordinary or Extraordinary Congresses along with the Secretary General in a proper and timely manner.
• To use the vote of quality during the Executive Board Meetings, Ordinary or Extraordinary Congresses when it’s needed.
• Attend and represent ACODEPA in international meetings
• Appoint Commissions
• Conduct the Congresses and Executive Board Meetings and decide whether they will be private or public.
• To decide on those matters requiring immediate solution informing the Executive Board.
• To sign official documentation along with the Secretary General and to authorize the financial statements related to the income and expenses of ACODEPA.
• To carry out the agreements reached by the Executive Board members and the Congresses.
• To appoint the Executive Secretary and administrative officials of ACODEPA
Article 34º - Rights and obligations of the vice president
The rights and obligations of the Vice President are:
• To assist the President in all the duties related to his position.
• To replace the President in case of temporary or permanent absence.
• If the President resigns within the first two years after his election of the the Vice President will act as Interim President and must call for an election of the President in less than 90 days after the replacement date.
• If the replacement occurs after the first two years of the President’s election date, the Vice President will be President for the remaining time of the period.
Article 35º - Rights and obligations of the secretary general
The rights and obligations of the Secretary General are:
• To sign along with the President the official invitation for the Ordinary and Extraordinary Congresses of ACODEPA.
• To take the minutes at the Executive Board Meetings and Congresses
• To take care of the correspondence related with administrative procedures
• To register the signatures of the Members present at the Congresses.
• To sign, when applicable, the correspondence along with the President or whomever fulfillis his duties.
• To implement the commissions and the powers of attorney granted by the Executive Board or the President
Article 36º - Rights and obligations of the treasurer
The rights and obligations of the Secretary General are:
• To ensure that the assets, funds, resources and accounting of ACODEPA are up to date.
• To supervise along with the President the correct management of the expenses and the fulfillment of the fiscal obligations.
• To have the President’s authorization on the accounting documents.
• To implement the commissions and the powers of attorney and others established for his position.
Article 37º - Rights and obligations of the members
The rights and obligations of the Members are:
• To carry out the appointed commissions
• To replace, in the order of their election the Treasurer, Secretary General and Vice President in case of temporary or definite absence.
Article 38º- Rights and obligations of the executive secretary
• Will have a right to voice but not to vote.
• To maintain permanent communication with the Executive Board and the Pan American Sports Confederations.
• To coordinate the logistics of the ACODEPA General Assemblies.
• To update and maintain the ACODEPA web page.
The Ordinary Congress will elect the Fiscal Commission after the election of the Executive Board.
The Fiscal Commission will be composed of three members who will hold office for four years. Its members may not belong to any of the confederations represented in the Executive Board.
It will be the task of the Fiscal Commission to review and control all the financial transaction made by the Executive Board. The Treasury must supply all the necessary information to the Fiscal Commission.
In each Ordinary Congress, the Fiscal Commission must present a written report that will be submitted to the consideration of the Congress.
A declaration of dissolving ACODEPA may only be made by a two-thirds majority vote of the Confederations represented at an Assembly, these two-thirds representing at least half of the affiliated Confederations.
In the event of dissolution, the Executive Board shall divide the Assets of ACODEPA into equal parts among the Confederations affiliated at the time of the vote.
he power of interpretation in the case of doubt lies in the Assembly.
The power of interpretation in the case of doubt lies in the Executive Board.
This constitution was adopted by the Assembly in Toronto, Canada on July 8, 2015.
In Accordance with the decision of the Assembly, it comes into effect on July 8, 2015 and supersedes all previous versions.