Tularosa Basin Chapter of A.B.A.T.E. of New Mexico

Tularosa Basin Chapter By laws

DEDICATED TO THE FREEDOM OF THE ROAD

A.B.A.T.E. OF NEW MEXICO, INC.
TULAROSA BASIN CHAPTER
PO BOX 23
TULAROSA, NM 88352

CHAPTER BY LAWS

ARTICLE I

SECTION I: NAME AND LOCATION:

The name of this Corporation shall be A.B.A.T.E. of New Mexico, Inc., Tularosa Basin Chapter.  It shall have and continuously maintain in the state of New Mexico, a registered office and a registered agent as designated by the State Board of Directors of ABATE of New Mexico, Inc.

SECTION 2: ORGANIZATION:

This Corporation shall be chartered by the ABATE of New Mexico, Inc., State Board of Directors as a corporation under the New Mexico Statutes. 1978, Annotated.

SECTION 3: MEMBERSHIP:

1. CHARTER MEMBERS:

   The initial members of this chapter whose dues are fully paid and who become members of this chapter within ninety (90) days after the chapter was granted its charter by the State Board of Directors shall be designated as charter members of this chapter.

2. REGULAR MEMBERS:

   Any person who has applied for membership and has paid their dues in advance for one full year shall be designated as a regular member of this chapter.

3. AUXILIARY MEMBERS:

   Auxiliary membership is provided for persons under the age of eighteen and has no voting privilege.

4. ASSOCIATE MEMBERSHIP:

   Associate membership is designated for out-of-state persons at a reduced annual membership fee and has no voting privilege, but will receive the quarterly newsletter.

5. LOCAL MEMBERSHIP:

   All persons, by joining this chapter, shall also join and belong to the state organization.

6. HONORARY MEMBERS:

   The Board of Directors shall be authorized, by a majority vote of the membership, to grant a one year Honorary Membership to any non-member of ABATE of New Mexico, Inc. Any such person shall have no vote or voice in the affairs of the corporation by virtue of receiving this honor.

7. DUES:

   The Board of Directors, from time to time, by resolution, may change the annual dues that the membership is required to pay to the Corporation. The first annual dues shall be due and payable on the anniversary date of the member's admission to the membership.  Membership shall be non-assessable, non-transferable, non-assignable, and non-refundable.

8. MEMBERSHIP CARDS:

   The Board of Directors shall provide for the issuance of membership cards to Chapter members.  Each card shall state the period for which it is valid. The form, contents, and size of the membership card in all other respects shall be fixed from time to time by resolution of the Board of Directors.  The name and address of each member and the date of issuance of the membership card shall be entered in the records of the Corporation.  If any card be lost, mutilated or destroyed, a new card may be issued on such terms and conditions as the Board of Directors may determine.

9. TERMINATION OF MEMBERSHIP:

   The membership of any charter or regular member of the Chapter shall automatically terminate: (a) on written request by the member to an officer of the Corporation whether personally or by the United States Mail; (b) upon the death of the member; or (c) upon suspension from membership for good cause by a simple majority vote of the membership present at the next scheduled regular meeting, after being served with written notice and after having had the opportunity to be heard before the Board of Directors and the general membership. If the member has committed acts detrimental and/or prejudicial to the purpose of the welfare of the Corporation, this suspension may be temporary or permanent, as voted on by the general membership at said meeting.

SECTION 4: OBJECTS AND PURPOSES:

The objectives and purposes of the Corporation shall be to form a united motorcycle rider?s organization and association at the individual local level and at the state level.  The corporation shall promote and support motorcycle safety, education, public motorcycle awareness, motorcycle rider training programs and other issues or programs deemed necessary and acceptable by the membership. The corporation shall also be dedicated to supporting the rights and freedoms of the motorcycling community.  The corporation shall promote fair motorcycle legislation and work to prevent or repeal unjust motorcycle legislation. The corporation is not primarily a safety or a charitable organization.  We are a corporation dedicated to preventing unreasonable enforcement of traffic laws, harassment by authorities, discrimination by businesses and/or other establishments based on mode of transportation or apparel, and unfair or unjust legislation aimed at the motorcycling community. The corporation is organized for and in accordance with Internal Revenue Code Section 501 (c) (3) purposes, and for any other legal purpose allowed and which is consistent with Internal Revenue Code Section 501 (c) (3).

SECTION 5: POWERS:

To accomplish the purpose for which the Corporation was organized, it shall have all of the powers, by law, and the Articles of Incorporation, as amended, and its By-Laws.

ARTICLE II

BOARD OF DIRECTORS

SECTION 1: GENERAL:

The affairs of the Corporation shall be managed by the Board of Directors consisting of four (4) or more persons, to include a Coordinator, Deputy Coordinator, Secretary and Treasurer.

1. TERMS OF OFFICE AND ELECTION:
   1. All chapter officers shall serve for a two (2) year term.
   2. Nominations for Coordinator and Secretary shall be on odd years, and nominations for Deputy Coordinator and Treasurer shall be on even years. Nominations for officers will be at the July Meeting of the regular membership.
   3. Voting ballots will be mailed to each member whose dues are paid in full according to these By-Laws, no later than five (5) days after the July meeting of the regular membership.  Absentee Ballots must be returned and postmarked no later than one week before the August meeting of the same year to a designee as determined by the Board of Directors.  Election shall be by simple majority of the returned ballots and the members present. The result of the election will be announced at the August meeting and in the state's organization newsletter.
   4. There shall be a thirty (30) day transition period for new officers to acquaint themselves with the new office. Newly elected officers shall officially assume office at the September meeting of the same year.
   5. Vacancies on the Board of Directors shall exist: (a) on the death, resignation, or removal of any director: or (b ) by failure by any director to attend regular meetings on two (2) consecutive occasions unless excused by action of the Board of Directors.
   6. Except for the position of Chapter Coordinator, vacancies on the Board of Directors shall be temporarily filled by the Board at its next regular meeting or at a special meeting called for that purpose. This position will then be permanently filled during the next regular election cycle. The Board of Directors shall not be limited to filling vacancies from within its own ranks. A vacancy occurring in the position of Chapter Coordinator shall be filled by election at the next meeting of the chapter after the position has been declared vacant as per Article II, Section A, Subsection 5 of the By-Laws. A simple majority vote of the membership present at the meeting shall suffice.
2. COMPENSATION:

   Directors shall receive no compensation for their term as directors.  In the case of the Chapter Coordinator, they shall be allowed reimbursement for their reasonable and necessary expenses in attending State Board of Director's meetings unless otherwise voted on by the Chapter Board of Directors.

3. GENERAL POWERS:

   All Corporate powers shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be controlled by the Board of Directors. The Board of Directors shall coordinate the activities of the chapter, and shall organize, coordinate, and/or arrange for any other programs or events that may be appropriate from time to time.

SECTION 2: MEETING OF THE BOARD OF DIRECTORS:

1. REGULAR MEETINGS:

   Regular meetings of the Chapter membership shall be held on a monthly basis, unless otherwise determined by the Board of Directors. The date, time and location of each meeting shall be determined by the membership at the previous meeting.

2. SPECIAL MEETINGS:

   Special meetings of the Board of Directors may be called by the Chapter Coordinator or any two members of the Board and such meetings shall be held at a mutually acceptable location.  The call for a special meeting shall state the nature of the business to be considered.  Each Director shall be notified at least five (5) days before the meeting is to take place, either personally or by United States mail.  Business considered and acted upon shall be limited to that stated in the call for the meeting.

3. ATTENDANCE:

   Meetings of the membership shall be open to all members and their guests.  Requests for items to be placed on the agenda of the regular meetings shall be submitted into the Coordinator at least five (5) days prior to the meeting.  Participation by persons, other than the Directors, in meeting discussions or presentations shall be at the discretion of the Chapter Coordinator, subject to the provisions of Article II, Section 2, subsection F.

4. QUORUM:

   A simple majority of the existing membership present shall constitute a quorum for the transaction of business.

5. RULES OF ORDER:

   Robert's Rules of Order, as revised, shall be the parliamentary authority in all meetings of the organization.

6. EXECUTIVE SESSION:

   Executive sessions of the Board of Directors may be held on sensitive issues at the discretion of the Board of Directors.

7. VOTING:

   The Chapter Deputy Coordinator, Chapter Secretary, Chapter Treasurer shall have voting powers at all Board of Director's Meetings.  The Chapter Coordinator will not vote unless it is a deciding vote.  Absentee ballots will be recognized on officer elections & By-Law changes, and this information will be posted in the newsletter so the membership is informed prior to the vote.  All members present at the regular meetings of the Chapter membership shall have voting powers at the meeting.

ARTICLE III

OFFICERS

SECTION I: NUMBER:

The officers of the Corporation shall be a Chapter Coordinator who shall serve also as the Chairman of the Corporation, a Deputy Coordinator who shall serve also as the Vice President of the Corporation, a Chapter Secretary who shall serve also as the Secretary of the Corporation, and a Chapter Treasurer who shall serve also as the Treasurer of the Corporation, and such officers as elected in accordance with the provisions of these By-Laws, none of whom must be a member of the Board of Directors.

SECTION 2: ELECTION, TERM OF OFFICE AND QUALIFICATIONS:

1. Each officer elected by the membership shall hold their office for a period of two (2) years, or until removal from office as provided for within these By-Laws.
2. No members of motorcycle clubs (patch holders) can serve as an officer of the Corporation as long as they are members of such an organization.  This is included to insure that the objectivity of the Board of Directors is not compromised due to association and involvement with a specific motorcycling club.  This can be waived as per Article IV, Section 7.

SECTION 3: CHAPTER OFFICER QUALIFICATIONS:

1. CHAPTER COORDINATOR:

   A candidate for this position must be a member in good standing and a member for at least one year.

2. CHAPTER DEPUTY COORDINATOR:

   A candidate for this position must be a member in good standing and a member for at least one year.

3. CHAPTER SECRETARY:

   A candidate for this position must be a member in good standing, a member for at least one year, and have good typing skills or agree to have the chapter minutes typed.

4. CHAPTER TREASURER:

   A candidate for this position must be a member in good standing and a member for at least one year.

SECTION 4: ADDITIONAL OFFICERS:

The Board of Directors may appoint such other officers as the business of the Corporation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided by the By-Laws or as the Board of Directors may, from time to time, determine.  The Board of Directors may delegate to any officers of a committee the power to appoint any such additional officers.

SECTION 5: REMOVAL:

Any officer may be removed with cause by recall by simple majority vote of the membership, or, in the case of any officer appointed by the Board of Directors, by simple majority vote of the Board.

SECTION 6: RESIGNATION:

Any officer may resign at any time by giving written notice to the Chapter Coordinator or the Chapter Secretary.  Any such resignation shall take effect at the time specified therein or at the pleasure of the Board of Directors.  The acceptance of the resignation shall not be necessary to make it effective.

SECTION 7: CHAPTER COORDINATOR:

The Chapter Coordinator shall be the Chief Executive Officer of the Corporation for this chapter and shall, in general, be subject to the control of the Board of Directors and supervise and control all business and affairs of the Corporation.  He/She shall perform all duties incident to his/her office and such other duties as may be required by law, and the Articles of Incorporation of this Corporation, or by these By-laws, or that which may be prescribed from time to time by the Board of Directors and the general membership, and be an ex-officio member of all standing committees.

SECTION 8: CHAPTER DEPUTY COORDINATOR:

The Chapter Deputy Coordinator of the Corporation shall, in the absence of the Chapter Coordinator, perform all the duties required of, and have all the powers of the Chapter Coordinator.  He/She shall perform such other duties from time to time as may be assigned by the Board of Director and/ or Chapter Coordinator.

SECTION 9: CHAPTER SECRETARY:

The Chapter Secretary of the Corporation shall:

1. certify and keep the By-Laws as amended;
2. keep at such place as the Board of Directors may order a book of minutes of all Board meetings with time and place of holding, whether regular or special, and if special, how authorized, the notices thereof given and the names of those present at the meeting;
3. see that all notices are duly given in accordance with these By-laws or as required by law;
4. keep a complete and accurate account of the membership records; and
5. in general perform all duties incident to the office of Secretary and other duties as from time to time assigned by the Chapter Board of Directors and/or the State Secretary of the Corporation.

SECTION 10: CHAPTER TREASURER:

The Chapter Treasurer of the Corporation shall deposit all funds of the Corporation and maintain a record of the income and disbursements of such funds.  He/She shall keep books and account and report quarterly to the State Board of Directors as to the financial condition of the Chapter.  Withdrawals from the funds of the Corporation shall be made by check signed by the Chapter Treasurer and any other elected member of the Board of Directors.  The Chapter Treasurer will collect all money and orders for miscellaneous needs.

SECTION 13:

The number of officers will be left up to each chapter, however every chapter shall elect the following officers who will be responsible for reporting to the Board of Directors of this Corporation.

1. Chapter Coordinator: The Chapter Coordinator shall be elected and it shall be his/her responsibility to keep the State Coordinator and the Board of Directors informed as to what is going on in his/her chapter.  This will include that the five (5) items listed below be sent to the State office no later than one week prior to each state board meeting.  If the five items are not sent in by the time stated, the chapter will lose their vote at the state board meeting.
   1. A copy of all the chapter's minutes for the quarter prior to the Board of Director's meeting.
   2. Two (2) copies of the chapter's quarterly membership report for the quarter prior to the Board of Directors meetings.
   3. A copy of the chapter's treasure report for the quarter prior to the Board of Director's meeting.
   4. Monies due to the state for the quarter prior to the Board of Director's meeting.
   5. Any changes to the chapter, to include officers or events for the quarter prior to the Board of Director's meeting.
2. Deputy Coordinator:

   The Deputy Coordinator shall act in the place of the Chapter Coordinator in the event of his/her absence, including acting as a member of the Board of Directors with voting power.

3. Chapter Secretary:

   The Chapter Secretary shall keep accurate minutes of all meetings, membership application and the chapter's quarterly membership report, copies of which shall be forwarded quarterly to the State Secretary.  It shall also be his/her responsibility to keep the State Secretary advised of the regular meeting place and time of the Chapter.

4. Chapter Treasurer:

   The Chapter Treasurer shall maintain a record of income and the distribution of funds for the chapter and send a copy to the State Treasurer on a quarterly basis, as well as forwarding any membership funds or any other money due to the State Treasurer.

ARTICLE IV

MISCELLANEOUS PROVISIONS

SECTION 1: CONTRACTS:

The Board of Directors, except as otherwise provided by these By-Laws, may by resolution authorize any officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or conformed to specific instances.  Unless so authorized, any officer, agent, member or employee of the Corporation shall not have any power of authority to bind the Corporation by any contract or engagement, or to pledge it's credit, or render it liable pecuniary for any purpose or amount.

SECTION 2: ANNUAL REPORT:

The Chapter Coordinator shall cause to be prepared and submitted to the State Board of Directors of the Corporation an annual written report by July of each year, including a financial statement from the Chapter Treasurer.  The Chapter Coordinator shall also cause to be prepared all reports necessary for any government agencies.  The Chapter Coordinator shall have available for the perusal of the membership, the State Quarterly Treasurer's Report.

SECTION 3: CORPORATE SEAL:

The Board of Directors may adopt and use a Corporate Seal to be affixed on all Corporation instruments at the discretion of the Board.

SECTION 4: FISCAL YEAR:

The fiscal year of the Corporation shall coincide with the fiscal year of the State Organization.

SECTION 5: PERSONAL LIABILITY:

No Director or member of this Corporation shall be personally liable for the debts, liabilities, or obligations of the Corporation.

SECTION 6: WAIVER OF QUALIFICATION:

The Board of Directors, by simple majority vote, shall be able to waive any or all of the qualification of officers as listed in Article III, Section 2 & Article III, Section 3, items A-F.

SECTION 7: CLUB MEMBERSHIP:

The Board of Directors, by simple majority vote, shall be able to resolve to support, financially or otherwise, any motorcycling club whose efforts to further the goals of the Corporation, as listed in Article I, Section 4, are deemed worthy by the Board.  The Board of Directors cannot vote to join any motorcycling club for the same reason that its officers cannot belong to any club as expressed in Article III, Section 2 of these By-Laws.

SECTION 8: CHAPTER BY-LAW/SIGNATURE PAGE:

With each successive election or appointment to the Chapter Board of Directors, the newly elected or appointed officers will read the State By Laws and sign the signature page of said by-laws.  A signature will indicate compliance with the ABATE of New Mexico By-Laws.  Upon completion, a copy of the above mentioned signature page will be sent to the office of the State Secretary for the purpose of updating the state file.

SECTION 9: DISSOLUTION CLAUSE:

If, by natural and/or unforeseen causes, a chapter should dissolve and no longer be in existence, one half of any monies in the Chapter Treasury shall go to the general fund of the State Board of Directors and the balance of monies will go to any charities the Chapter is working with at that time, or one voted in.

ARTICLE V

NOTICES

SECTION 1: NOTICES:

Whenever any notice is required to be given to any Director of any other person by statute or by these By-Laws, whether for a meeting or for some other purpose, it may be given personally or by United States mail, telegram, telephone or other form of communication.  Such notice must be given not less than five (5) days nor more than thirty (50) days before the meeting or purpose.

SECTION 2: WAIVER OF NOTICES:

A Director may waive such notice in any manner; and a waiver in writing signed by the person entitled to said notice, whether given before or after the meeting or at the time such notice is required to be given, shall be deemed equivalent to such meeting, except where the Director attends the meeting for the express purpose of objection to the transaction of any business because the meeting is not lawfully called or convened.  All such waivers shall be filed with the records of the Corporation.

ARTICLE VI

AMENDMENTS AND EFFECTIVE DATE

SECTION 1: EFFECTIVE DATE:

These By-Laws were effective immediately upon adoption by the majority vote of the Board of Directors and the general membership on October 15, 1988.

SECTION 2: AMENDMENTS:

These By-Laws may be amended or repealed at any regular meeting of the membership by a majority vote provided the notice of the nature of the proposed amendment or repeal shall be given at the last meeting of the membership.

SECTION 3: EFFECTIVE DATE OF AMENDMENTS:

Amendments of these By-Laws shall become effective immediately upon adoption unless otherwise designated by the Board of Directors.

APPROVED AND ADOPTED AS REVISED JULY 1, 2003

ABATE OF NEW MEXICO CHAPTER OFFICERS

CHAPTER: TULAROSA BASIN