BYLAWS
OF
ABATE OF SOUTHERN IDAHO LLC (ASI)
The objectives of this Organization shall be as follows:
· To join the general public together in an effort to stop unreasonable and unfair legislation and practices that diminishes the rights of the motorcyclists of Idaho
· To end the discrimination experienced by motorcyclists
· To organize and conduct seminars, conferences, research, discussion groups, and publications on the subject of motorcycle rights
ARTICLE I
NAME
The name of the Organization shall be ABATE of Southern Idaho, LLC, also, referred to as ASI.
“A Brotherhood Against Totalitarian Enactments”, ”abate” is also defined as ‘to make less in amount, degree, force, etc’ or ‘to put a stop to, end’.
ARTICLE II
PURPOSE
The purpose of the Organization is to form a political, educational and charitable group, to promote motorcycle rights, awareness, education, freedom of choice legislation and to provide a more favorable environment for motorcycle riders and the communities in which they reside. ABATE seeks to eliminate laws and perceptions that infringe upon motorcyclist rights, and preclude proposed legislation that may infringe upon those rights as follows:
· To join the general public together in an effort to stop unreasonable and unfair legislation and practices that diminishes the rights of the motorcyclists of Idaho
· To end the discrimination experienced by motorcyclists
· To organize and conduct seminars, conferences, research, discussion groups, and publications on the subject of motorcycle rights
ARTICLE III
OFFICES
ABATE of Southern Idaho, LLC shall have and continuously maintain a principal office within the State of Idaho as the Officers may designate or as the business of the Organization may require from time to time.
ARTICLE IV
MEMBERS
Membership in ABATE of Southern Idaho, LLC shall be open to all persons eighteen (18) years of age or older, who have applied for membership and paid their required dues.
4.1 ELIGIBILITY: An individual shall be considered to be a member in good standing of this Organization upon the date of their enrollment by the Membership Secretary or agent.
4.2 ACCEPTANCE: Membership shall be open and no formal acceptance is required before an individual can become a member. However, for good cause shown, the Officers may refuse acceptance of a member.
4.3 NO DISCRIMINATION: ABATE of Southern Idaho, LLC does not discriminate against any person on the basis of sex, race, motorcycle choice, or religious preference.
4.4 CLASSIFICATION OF MEMBERSHIP: Members shall be defined by the following:
4.4.1 REGULAR MEMBERS: Any person who is a member and who is not otherwise classified below, is deemed to be a regular member.
4.4.2 CHARTER MEMBERS: The initial members of ASI chartered by the Officers and any person who may become a member of ASI by the second meeting, having filled out an application and payment of dues, shall be deemed to be a charter member.
4.4.3 HONORARY MEMBERSHIP: The Officers by vote may grant honorary membership to any non-ABATE member deemed worthy by their special assistance to ABATE. Any such person shall be exempt from paying state dues and shall have no vote in the affairs of ASI. Any such person shall not be exempt from paying dues should they apply for membership.
4.5 MEMBERSHIP RIGHTS: Members shall have the right to vote, hold office in the Organization, to speak during the meetings, and to take part in all activities of the Organization, in accordance with these by-laws.
4.6 MEMBERSHIP RESPONSIBILITIES: Members are required to comply with the by-laws and with resolutions properly deemed and approved by the Officers which become a rule or regulation of the Organization.
4.7 DUES: The Officers by resolution shall establish or modify the annual membership dues, and such shall be due and payable to the Organization on the anniversary date of the member enrollment with the Organization with a grace period of 30 days. After the anniversary date and until the dues are paid, all rights, privileges, and benefits of the member are suspended. Memberships are not assignable, nontransferable, and not subject to devise or bequest. Dues are considered a donation and will not be refunded.
4.8 NSF CHECKS: Individuals will be charged a $25 fee for each NSF check received by the Treasurer.
4.9 MEMBERSHIP CARDS: The Officers shall design and approve any membership card to be used. Each card shall state the period for which it is valid and shall have printed on its face, in clear type, that the Organization is not for profit. The form, size, additional content, terms and conditions for issuing replacement cards shall be established by resolution of the Officers.
4.10 TERMINATION OF MEMBERSHIP: Termination of ABATE membership shall occur as follows:
4.10.1 Nonpayment of dues as specified above.
4.10.2 Upon written request by such member for their own termination, delivered to a member of the Officers or the Membership Secretary, either personally or by deposit in the U.S. Mail.
4.10.3 Upon action of the Officers provided under the disciplinary, suspension, and expulsion procedures contained in these by-laws.
ARTICLE V
DISCIPLINARY, SUSPENSION, AND EXPULSION PROCESS
To initiate these procedures, any two (2) or more members may bring charges before the Officers alleging one or more of the following:
1. Misuse of any Organization property
2. Assault upon any person at any ABATE sanctioned event
3. Any conduct unbecoming of a member
5.1 FILING CHARGES/SHOW CAUSE: The members who are bringing the charges (plaintiffs) shall show cause before the Officers as to why the member (respondant) should undergo the disciplinary, suspension, and expulsion procedure. At the conclusion of said show cause hearing, wherein facts are presented, the Officers shall, by simple majority, vote as to whether or not the individual shall be subject to these procedures.
5.2 HEARING COMMITTEE INVESTIGATION: Should the Officers vote to have said member undergo these procedures, the Hearing Committee shall then investigate the charges, interview all available witnesses, and gather other evidence, in order to present such evidence in a report to the Hearing Meeting.
5.3 HEARING COMMITTEE REPORT: At the hearing meeting, the member undergoing these procedures is allowed to be represented by counsel or to represent himself/herself on a pro-se basis. The Hearing Committee report, which shall be in written form, shall be delivered to the member undergoing said procedures and to the Officers twenty (20) days prior to the Hearing Meeting. Failure of the member (respondant) undergoing these procedures to be represented at the above mentioned meeting shall not invalidate these proceedings.
5.4 STANDARD OF PROOF: Upon review of the Hearing Committee report by the Officers, and hearing any evidence presented by the subject member, the Officers shall find said member guilty as charged, on a more probable than not basis. Which shall, for purposes of these procedures, require a four-fifths (4/5) approval.
5.5 PENALTIES: Should said member be found guilty, the following penalties shall be available to the Officers and shall be approved by a majority vote of the Officers:
5.5.1 CENSURE: Censure shall consist of a written statement from the Officers, signed by the Coordinator, and sent to the member’s home address, with a copy filed in the permanent archives of the Organization and made an integral part of the minutes.
5.5.2 SUSPENSION OF MEMBERSHIP: Suspension shall be for a predetermined time and such would be contingent upon good behavior. At the end of said suspension, all rights and privileges shall be restored. During the period of such suspension, dues must be paid. The record of such suspension shall be placed in a permanent record of the Organization and made an integral part of the minutes. Should the suspended member hold an office or an appointed position at the time of said suspension, the office or position shall be forfeited and will not be reinstated at the termination of the suspension.
5.5.3 TERMINATION OF MEMBERSHIP: The termination of membership shall be sent to the member’s residential address, and a record of such shall be made within the Organization records and made an integral part of the minutes. Said termination shall be irrevocable, that being, said member shall not be eligible for application for new membership. This penalty only shall require a four-fifths (4/5) vote of the Officers.
5.6 RECONSIDERATION PROCEDURES: A member undergoing the above procedures may move the Hearing Committee to reconsider his/her report by showing of new or previously undisclosed evidence within seven (7) days of receipt of the initial Hearing Committee report. The Hearing Committee, upon reviewing this reconsideration, shall make a report to the Officers who shall, upon simple majority, decide whether a further Hearing Committee investigation is necessary.
5.7 SELECTION OF HEARING COMMITTEE: The Officers shall elect five (5) members and five (5) alternate members from the general membership to serve on the Hearing Committee. Those five members shall separately meet and appoint a Chairman for the Hearing Committee. The charged party in any Hearing Committee procedure shall have three (3) preemptory challenges on Committee members, and the Officers shall have any number of challenges for cause. Challenges must be made in writing to the Officers within thirty (30) days from the filing of the charges and show cause hearing.
ARTICLE VI
OFFICER POSITIONS
Officers of this Organization shall be as follows: Coordinator, Deputy Coordinator, Secretary, Treasurer, and Legislative Affairs. All Officers shall be elected by majority of those present and voting at the business meeting in October. Potential officers can nominate themselves, or can be nominated by other members. Nominees may make brief speeches before the votes are cast. Votes will be cast by secret ballot. Officers shall serve a term of two (2) years and may be re-elected at any time with no limit on the amount of terms served. The Deputy Coordinator and Secretary positions will run in alternate years of the Coordinator, Treasurer, and Legislative Affairs with the first year being a one (1) year position to establish the alternating terms. To ensure broad diversity and equal representation for all members, no more than one (1) member from another motorcycle organization or affiliation, excluding nationally recognized corporate-sponsored motorcycle groups, shall hold an Officer position.
6.1 CHARTER OFFICER POSITIONS: The founding charter members of ASI shall fill the following positions for the first term; Coordinator, Secretary, Treasurer, and Membership. The remaining positions are to be filled by vote. Nominations will be at the first general membership business meeting with the voting by secret ballot on the following business meeting.
6.2 COORDINATOR: The Coordinator shall be elected for a term of two (2) years. The Coordinator shall be responsible to keep the members informed of the business and activities of the Organization. The Coordinator shall chair all regular, special and committee meetings, shall supervise, manage and control all business of the Organization; shall perform all duties incident to the office according to these by-laws and policies; shall represent ASI at functions, is an ex-officio member of all committees.
6.3 DEPUTY COORDINATOR: The Deputy Coordinator shall be elected for a term of two (2) years, alternating with the term of the Coordinator. The Deputy Coordinator shall assist the Coordinator; shall act in the place of the Coordinator in his/her absence; and shall perform any and all duties which may be prescribed by the Coordinator or Members. If the Coordinator position becomes vacant, the current Deputy Coordinator shall become the Coordinator for the remainder of the Coordinators term. The Deputy Coordinator position will then follow the process outlined in section 6.6 for Officer Vacancies. The charter term will be a position of one (1) year.
6.4 SECRETARY: The Secretary shall be elected for a term of two (2) years, alternating with the term of the Coordinator. The Secretary shall be responsible for keeping the minutes of all business meetings and making the minutes available to the members; shall perform any and all duties incident to the office. The charter term will be a position of one (1) year.
6.5 TREASURER: The Treasurer shall be elected for a term of two (2) years, to run concurrent with the Coordinator. The Treasurer shall keep accurate and complete financial records of ASI; shall submit quarterly financial reports to the Coordinator; report the financial condition of the Organization at all business meetings; perform any and all duties incident to the office.
6.6 LEGISLATIVE AFFAIRS: The Legislative Affairs Officer shall be elected for a term of two (2) years, to run concurrent with the Coordinator. The Legislative Affairs Officer shall be responsible for informing the Officers and general membership of any upcoming changes in law that may affect the rights of motorcycle riders; Officer will also coordinate and chair functions relating to political gatherings, functions, or rallies; and will act as liaison in developing political relationships.
6.7 OFFICER VACANCIES: Officer vacancies shall be filled by election. Upon vacancy of the position, the Officers may appoint a pro-tem Officer to temporarily fill the position until the position is filled by vote of the general membership. At the next business meeting following the vacancy, nominations will be accepted. Then the nominated members will be voted for by the general membership at the next business meeting following the nomination meeting. The newly elected Officer will complete the balance of the term of office. If the balance of the term is three (3) months or less, the pro-tem Officer shall complete the term and the position will go through the normal voting procedure at the time of normal elections.
ARTICLE VII
CHAIR POSITIONS
Chair positions are appointed by the Coordinator subject to the majority approval vote of the general membership.
7.1 SERGEANT AT ARMS: The Sergeant at Arms shall maintain order at all meetings; shall coordinate security at all ASI functions, shall assist the Road Captain on ABATE runs.
7.2 MEMBERSHIP SECRETARY: The Membership Secretary shall maintain an accurate and complete membership list of the members; process all membership applications and address changes; maintain the integrity of the ASI roster; issue membership cards, make and deliver mailing labels for mailings; and issue patches and pins to new members.
7.3 AMBASSADOR AT LARGE: The Ambassador at Large shall keep in contact with ASI representatives and members; shall promote membership and benefits to non-ABATE members; and shall act as liaison with other motorcycle clubs and rights organizations keeping ABATE members informed as to the work of other motorcycle groups.
7.4 Sr. ROAD CAPTAIN: The Senior Road Captain must complete a group riding class. The position will help plan rides; shall do a pre-ride for all planned rides, shall appoint additional Road Captains or Road Guards as needed; to provide assistance for the ride participants as needed; and to ensure the safety of group riders.
ARTICLE VIII
COMMITTEES
The Officers or Coordinator, subject to member approval vote, may establish such Standing and Special committees as are necessary to conduct the affairs of this not for profit organization. Such committees shall provide a regular report at each business meeting.
ARTICLE IX
DOWNRIDER
A fund will be maintained by the Organization for the purpose of providing monetary support to “down riders”. Additions to this fund shall be by donation from the members or as provided by a majority vote of the general membership.
9.1 OWNERSHIP OF FUNDS: The “down riders” fund shall be kept separate from all other funds maintained by ASI, and it shall be noted that these funds are the sole property of the current members of the Organization, not the property of ABATE.
9.2 DISBURSEMENT OF FUNDS: The funds in the “down riders” fund shall be dispersed as follows:
9.2.1 A donation in the amount of up to $250 may be provided to any current member of ABATE of Southern Idaho, who is deemed a “down rider” by a majority vote of the general membership.
9.2.2A donation in the amount of up to $150 may be provided to any current member of any chapter of ABATE, but, who is not a member of ASI, who is deemed a “down rider” by a majority vote of the general membership.
9.2.3 A Get Well, Sympathy , or other appropriate card may be sent on behalf of the Organization to any person acquainted with our Organization, by a majority vote of the general membership.
ARTICLE X
MEETINGS
Business meetings shall be held monthly at a regularly scheduled date, time and place. Officers shall not convene any meeting that is closed to the general membership. The procedure at all meetings, business, planning and/or committee, shall be governed by accepted Parliamentary rules of order, and members shall observe proper decorum during the sessions of the Organization and its various committees.
ARTICLE XI
BANK ACCOUNTS
The Organization shall establish and maintain a checking account. Two signature authorizations shall be required on all bank accounts. All moneys sent or received by the Treasurer shall be in the form of a check or money order. All disbursements shall be by check accompanied by voucher with a proper receipt attached showing date, origin of receipt and reason for expense, and approved by the Coordinator. All account numbers and bank branches shall be reported to the Coordinator. Coordinator and the Treasurer shall be on the signature authorization of each account. All accounts shall be in the name of ABATE of Southern Idaho, LLC.
ARTICLE XII
DONATIONS
A donation is defined as a gift, in the form of money or property, given to a person or organization; or the expenditure of money on behalf of a person or organization. Any request for a donation to be made by ABATE of Southern Idaho shall meet the following requirements:
ARTICLE XII
CHARITABLE EVENTS
ASI will only host charitable events or benefits that fall within the guidelines of Article II Purpose. However, members are welcome to attend and donate to any charitable event they deem worthy.
ARTICLE XIV
AMENDMENTS
These charter by-laws shall become effective immediately as adopted by the founding members of ASI. The Organization shall have the power to make and amend these by-laws, not inconsistent with the word and spirit of the national constitution, as may be deemed necessary. Amendments shall be adopted by the favorable concurrence of not less than two thirds (2/3) of the members present and voting, provided that such amendment(s) shall have been read in full to the members.
