Arkansas ABATE'S Constitution

A.B.A.T.E. OF ARKANSAS, INC.
CONSTITUTION
APRIL 2000

ABATE OF ARKANSAS CONSTITUTION

ARTICLE I: Title ARTICLE II: Objectives ARTICLE III: Nonprofit
ARTICLE IV: Dissolution ARTICLE V: Members ARTICLE VI: Dues
ARTICLE VII: Misconduct  ARTICLE VIII: 
Board of Directors - District Level
ARTICLE IX: 
District Officers and Responsibilities
ARTICLE X: Amendments ARTICLE XI: Election of Officers ARTICLE XII: General Meetings
ARTICLE XIII: 
State Board of Directors
ARTICLE XIV: 
State Board Duties
ARTICLE XV: Funding
State Operating Guidelines   District 20 By-Laws


AMENDED JANUARY 11, 1998:  ARTICLE XIII, SECTION A, NUMBER 7

AMENDED OCTOBER 25, 1998:  ARTICLE V, SECTION A, TO ADD NUMBER 4
                                                        ARTICLE V, SECTION D, TO ADD NUMBER 6
                                                        ARTICLE XIII, SECTION, A TO ADD NUMBER 12
                                                        ARTICLE XIV, SECTION B, TO ADD NUMBER 11
                                                        ARTICLE XIV, SECTION B, TO ADD NUMBER 12

AMENDED 2003:                           ARTICLE IX: TO AMEND NUMBER 4
                                                        ARTICLE XIII: SECTION B, TO AMEND NUMBER 3
                                                        ARTICLE XIV: SECTION A, TO AMEND NUMBER 6

ARTICLE I:     Title.

This corporation shall be known as:
"ARKANSAS BIKERS AIMING TOWARD EDUCATION" [top]

ARTICLE II:    The Objectives of the corporation shall be:

To further motorcycle education and increase public motorcycle awareness.

A.B.A.T.E. shall exist for the purpose of assisting motorcycle riders of the State of Arkansas in acquiring and maintaining the rights of the adult motorcycle rider. [top]

ARTICLE III:     

The entity shall be a nonprofit corporation comprised of districts located geographically throughout the State of Arkansas and governed by a State Board.  All dues, levies, and other income shall be disbursed to promote the objectives of the corporation, along with associated social activities. [top]

ARTICLE IV:

     Section A:
          Districts may be dissolved at any time by the written consent of two-thirds (2/3) majority vote of that district's active members in good standing in attendance at a general meeting.  Upon the dissolution of the district, the Board of Directors shall, after paying or making  provisions for the payment of all the liabilities of the district, dispose of all of the assets of the district in such a manner, or to such organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes, as the District Board of Directors shall determine according to the corporation's Articles of Incorporation, Article V.

     Section B:
           Any district seceding from State by a two-thirds (2/3) vote would maintain their district treasury, but would receive no money or assets back from State fund. [top]

ARTICLE V:

     Section A:
           The corporation will consist of four classifications of members:
     1.   Active Members: These members shall be entitled to vote, hold office, and benefit in all the advantages of this corporation.
     2.   Associate Members: These members are under the age of eighteen (18) years.  Upon reaching the age of eighteen (18) years,
           these members, if they so desire, shall acquire full active membership status.  These members are not entitled to vote or hold
           office.
     3.  Honorary Members: These members maybe elected at large from those who have rendered valuable service to the
          organization.  They are not entitled to vote or hold office.
     4.  At Large Members: These members will not be able to vote in any election nor will they be able to hold any office due to no
          affiliation with any district.  They will benefit in all other advantages of this corporation.

     Section B:
     1.  Application for membership shall be made to the State Secretary in writing upon the form provided.  A membership card will
          be issued by the State Secretary showing the district number and the card number.
     2.  Honorary members may be appointed by the District Board of Directors not to exceed five (5) honorary per sixty (60)
          members.

     Section C:  Resignation.
           Any member may resign at any time and shall be deleted from the membership upon receipt of resignation, in writing, by the
Secretary of that district.  

     Section D:  Suspension.
     1.  Any member may be suspended by a three-fourths (3/4) vote of the District Board in attendance at a regularly scheduled
          Board meeting.
     2.  Any member under suspension shall not be entitled to vote or participate in any district activities or other social events.
     3.  Any member suspended for more than four (4) months shall be automatically dismissed from the district membership roll.
     4.  All members shall abide by the corporation's Article of Incorporation, Constitution, and by-laws, United States law, and the
          laws of the State of Arkansas.
     5.  No district or individual of a district shall enter into an agreement or make policy decisions affecting any other districts without
          the express written permission from the State Board of Directors.
     6.  The membership of any member of ABATE of Arkansas shall automatically terminate (a) on the death of the member, (b)
          failure to pay annual dues, (c) suspension of the member in the corporation by a majority vote of the STATE board which may
          occur if a member, after receiving notice and having an opportunity to be heard before the State Board is found not to comply
          with the rules and regulations set forth by the State Board or has committed acts detrimental to the purpose or welfare of
          ABATE of Arkansas. [top]

ARTICLE VI:  Dues

     1.  Dues for the corporation shall be set by the State Board of Directors based upon an annual audit with a two-thirds (2/3)
          majority vote in attendance at a regularly scheduled board meeting.  Dues shall be kept within a reasonable amount to meet
          membership fee approved by the State Board of Directors.

     2.  Special levies may be approved by a mjority vote of the active members of a district present at a regularly scheduled meeting.
          The collection of special levies against the membership shall be used to meet expenses of the corporation. [top]

ARTICLE VII:  Charges of Misconduct.

     Any member may bring charges against another member for misconduct prejudicial to the interest of the corporation.  Written specific charges must be provided to the Sergeant-At-Arms of the district.  All charges shall be heard before the District Board of Directors only.  The board shall fine, suspend or expel said person from the district or take such other measures as may be deemed appropriate.  The accused member must be allowed to present his case to the District Board in these matters must be by a three-fourths (3/4) vote of those District Board members present and shall be made known to the accused within seven (7) days of hearing the charges. [top]

ARTICLE VIII:  Board of Directors - District Level

     1.  The control and management of the affairs of the district shall be vested in the District Board of Directors.

     2.  The President, Vice-President, Secretary, Treasurer and Sergeant-At-Arms shall be members of the Board of the Directors in
          their respective district.

     3.  All members of the District Board of Directors shall be active members in good standing.  Roll call shall be taken at each
          District Board meeting.  In the event a District Board member misses three (3) consecutive regularly scheduled Board
          meetings, a letter shall be sent requesting response from sead member as to his reason for absence.  If no response is received
          by the scheduled meeting of the Board, said person shall be removed from the District Board.

     4.  The maximum number of District Board members shall be twenty (20).

     5.  Regular meetings of the District Board of Directors shall be schedules by the District President at least monthly.

     6.  Special meetings of the District Board of Directors may be called at any time by the President or by any five (5) directors
          acting in concert.

     7.  A majority of the Directors in office being present shall constitute a quorum to conduct regular business.  Any business
          requiring more than a simple majority vote must be conducted at a regularly scheduled Board meeting.  The District Board
         shall have the power to fill any vacancy that may occur between elections except that of President. 

     8.  The Secretary shall keep minutes of the District Board meetings which shall be read to the general membership at general
          meetings.

     9.  The District Board shall have general supervision over all disbursements of the Treasurer and shall appoint an auditing
          committee who may audit the accounts and records biannually.

     10. The District Board shall have the power to appoint committees from among the membership.

     11. All district ABATE publications are to be approved by the District Board of Directors.  A minimum of forty percent (40%)
           of the District Board members and the President shall be required to review and approve items prior to release, i.e., special
           event flyers, posters, informational leaflets and releases.

     12. District Board decisions may be overridden by a three-fourths (3/4) vote of the general membership in attendance at a
           regularly scheduled general meeting.
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ARTICLE IX:  District Officers and Their Responsibilities.

     1.  President: The President shall preside at all meetings and act as the chief executive of the District.

     2.  Vice-President:  The Vice-President shall perform all duties of the President in his absence.

     3.  Secretary:  The Secretary shall have charge of the District correspondence, shall keep the records and roll of membership,
          shall take and read minute of regular meetings and District Board meetings, and shall keep and report election results.

     4.  Treasurer:  The Treasurer shall receive, collect and disburse all funds of the District, shall be responsible for keeping an
          accurate and accountable record of the fiscal matters of the District, and shall present an annual written financial statement to
          the State Board at the January meeting and other requests as requested by the Board regarding the District funds to and
          informally at monthly meetings.

     5.  Sergeant-At-Arms:  The Sergeant-At-Arms shall be responsible for motorcycle security at all meetings and events.  He may
          appoint members from the general membership to assist with security at any time he deems necessary.  He shall call all
          monthly District meetings to order and shall be responsible for maintaining order at all regular monthly District meetings
          according to Robert's Rules of Order.

     6.  State Delegates and Alternates:  The state delegates and alternates shall be elected by the District and shall serve on the State
          Board of Directors.

     7.  Deputy Officers:  Deputy positions may be appointed by the elected officer and approved by the District Board for the
         duration of the Elected Officer's term. [top]

ARTICLE X:  Constitutional Amendments.

     1.  The Constitution of ABATE shall be reviewed annually in July by the State Board of Directors.

     2.  The Constitution and By-laws of the corporation may be amended, altered or repealed by a popular vote of the active
          members in good standing in attendance at each district's regularly scheduled general meeting.

     3.  All proposed changes to the Constitution must be submitted to the State Board in writing for consideration.

     4.  All proposed Constitutional changes (and By-laws) shall be sent to the active membership one month prior to their being
          voted upon.  Voting shall take place at a regularly scheduled general meeting, by ballot.

     5.  All individual ballots shall be forwarded to the state Board for final tally statewide and the results will be made known to the
          general membership. [top]

ARTICLE XI:  Election of Officers and Appointment of Directors for a District.

     1.  The floor shall be open to the active members for District Officer (President, Vice-President, Secretary, Treasurer,
          Sergeant-At-Arms) nominations at the January general meeting.  The nominees or their representative must be present to
          accept the nomination.

     2.  The officers shall be elected by the active members present in good standing for a term of one (1) year by secret ballot at the
          annual general meeting of the District in February.  All duly elected officers shall assume office immediately after the election
          results are known (to be announced by the current District Secretary).  A majority of the active members in good standing and
          in attendance shall be required for election to an office.  Each active member may vote for only one nominee in each office
          race.

     3.  An active member MUST BE PRESENT at the February general meeting to vote.  The District Secretary shall verify member
          status before the voting member can receive a ballot.  Any active member whose dues, fees, or levies remain unpaid on
          election day shall be disqualified from voting or holding office.

     4.  Candidates for District Board of Directors may be nominated to fill a vacancy by a majority vote of the elected District
          Officers at a regular Board Meeting.  They may be interned by a majority vote of existing Board Members in good standing in
          attendance at the following regularly scheduled Board Meeting of that District or may be elected by majority vote of general
          membership at a regularly scheduled meeting in July. [top]

ARTICLE XII:  General Meetings.

     1.  General meetings to conduct the business of the district shall be held monthly.

     2.  State Board meetings to conduct business concerning the Stat organization shall be held quarterly. [top]

ARTICLE XIII:  State Board of Directors.

     Section A:
     1.  The control and management of the affairs of the corporation shall be vested in the State Board of Directors.

     2.  All members of the State Board of Directors shall be members in good standing.

     3.  The maximum number of Board Members shall be determined by district population memberships.

     4.  The State Board shall be comprised of three (3) elected delegates from each district plus one (1) additional delegate per each
          two hundred (200) members in the district.  No one district shall at any time have more than forty-nine percent (49%) of the
          representation on this Board.

     5.  Regular meetings of the Board of Directors shall be called by the Chairman at least quarterly.  Special meetings may be called
          by the Chairman or any five (5) State Directors acting in concert.

     6.  Each elected delegate shall have an elected alternate to fill his absence.

     7.  In the event an Elected Delegate cannot attend a meeting, his elected alternate may vote in his place.  Failure to attend two (2)
          consecutive regular meetings of the State Board shall result in removal of the office of representative unless excused by action
          of the State Board.

     8.  In the event an Elected Delegate or his alternate resigns or is otherwise unable to continue his duties, a special election by his
          District shall be held to replace him.

     9.  The Chairman, Co-Chairman, Secretary, Treasurer, and Sergeant-At-Arms shall be elected from the State Board of
          Directors by the State Board of Directors.

    10. A majority of Directors or alternates being present shall constitute a quorum to conduct regular business.

    11. Matters requiring more than a simple majority vote must be attended to at a regularly scheduled State Board Meeting.

    12. Removal from Office.  See Article 5, Section D, Number 6 

     Section B: Election of State Officers and State Board of Directors.
     1.  The delegates and alternates shall be elected by secret ballot by a majority of active members in good standing in attendance  
          at the February meeting of each District.  Delegates and alternates shall assume after the election results are known for a term
         of one (1) year. 

     2.  Any active member whose membership fees or levies remain unpaid on election day shall be disqualified from voting or
          holding office.

     3.  Officers of the State Board of Directors shall be elected by the elected members of the State Board at the first quarterly
          meeting after February district elections.  Each member may vote for one nominee for each office.  All officers will assume
          office as soon as the election results are known.  In order to give District delegates an equal opportunity to attend the election
          meeting, that meeting will be held at a site in one of the central Districts. [top]

ARTICLE XIV:  Duties and Responsibilities of the State Board.

     Section A:  Officers and Their Responsibilities.
     1.  Chairman:  The Chairman shall preside at all meetings and act as Chief Executive officer of the corporation.

     2.  Co-Chairman:  The Co-Chairman shall perform all the duties of the Chairman in his absence.  

     3.  Secretary:  The Secretary shall keep State Board roll of members, and the minutes of State Board meetings and election
          results and may send copies of State Board minutes to all delegates and alternates upon request.

     4. Treasurer:  The Treasurer will be responsible for keeping an accurate and accountable record of the fiscal matters of the
         corporation and shall make a formal statement of corporate funds annually and informally at corporate meetings.

     5.  Sergeant-at-Arms:  The Sergeant-at-Arms shall be responsible for security at all meetings.  He may appoint members from the
          general membership to assist him at any time he deems necessary.  He shall call all meetings to order and shall be responsible
          for maintaining order at regular meetings in accordance with Robert's Rules of Order.

     6.  Deputy Officers:  Deputy positions may be appointed by the elected officer and approved by the State Board for the duration
          of the elected officer's term.  A Public Relations Deputy position will be appointed by the Elected Officers and will handle all
          matters pertaining to Public Relations of ABATE of Arkansas.  This position will work closely with ABATE of Arkansas
          Office Manager and the State Officers.  Duties will include but are not limited to, timely notification of events to media and
          other means of advertisement for advancement of ABATE of Arkansas.

     Section B: State Board Members and Their Responsibilities.
     1.  The State Board of Directors shall conduct business that concerns two (2) or more Districts.

     2.  The Board shall have general supervision over all disbursements of the Treasurer and may appoint an audition committee who
          shall audit the accounts and records biannually.

     3.  The Board shall have the power to appoint committees and/ or deputy officers from the membership.

     4.  The Board shall handle matters of a Judicial nature within the corporation upon written request by a District Board.

     5.  The Board shall have the power to coordinate events within the corporation to prevent conflicts of interest within the Districts.

     6.  The Board will accept petitions for District status and review qualifications and criteria of the petitioners.  The Board will
          present the petition to the general membership for discussion and questions before making any decisions regarding acceptance
         or rejection of the petition.

     7.  The Board shall conduct all business of the corporation in such a manner as to uphold the Articles of Incorporation and the
          Constitution and By-laws.

     8.  State Board members are to serve the general membership and are directly responsible to the membership.  If at any time the
          general membership feels a State Board member is not doing his job properly, he is subject to a recall vote of his general
          membership.  A recall vote shall be obtained by petition of two-thirds (2/3) of the number who voted in the election of that
          State Board Member.

     9.  A State Board decision may be overridden by a three-fourths (3/4) popular vote of the statewide general membership in good
          standing in attendance at a regularly scheduled general meeting of each District.  All individual ballots shall be forwarded to the
          State Board Secretary for final tally and results.

    10. The Board shall have the power to revoke a District Charter with a three-fourths (3/4) vote of the Board members present at
          a regularly scheduled State Board Meeting. 

    11. Removal from Office, see Article 5, Section D, Number 6

    12. The State Board, except as otherwise provided by the By-laws, may be 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 the behalf of the
          corporation.  Such authority may be general or conformed to specific instances.  Unless so authorized, no officer, agent or
          employee shall have any power to bind the corporation by any contract of engagement, or pledge it's credit, or render it liable
          for any purpose or amount.
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ARTICLE XV:  Funding

     1.  All annual membership dues and moneys raised for the State shall be placed in a State fund to be used on projects, products,
          or expenses incurred by two or more Districts.

     2.  Funds may be loaned or granted to any one District out of the State fund upon Stat Board approval.

     3.  Newsletter ad moneys shall be distributed by the State Board as is sees fit. [top]

 

ABATE of Arkansas, Inc.
State Operating Guidelines

     The following list of guidelines are motions made and carried at State Board Meetings from June, 1998 to April 2003.  The guidelines will effect and direct the operation of the State Organization now and in the future.  All motions o the State Board will be reviewed by an appointed committee annually for amendments to this list.
     Because each district must meet the needs of their members and operate in support of their members, these guidelines are only a suggested method of operation on the District level.  Each district shall create a similar list of guidelines tailored to meet the needs of their membership, approved by the District Board, then ratified by the District membership in attendance at the following regularly scheduled general meeting.  All motions of the District Board shall be reviewed by an appointed committee annually for amendment to this list.
     The purpose for this document is to pass the knowledge accumulated through both achievement and error to the future leaders of this organization.  With direction defined by historical events the path of our future will be more sure and stable.

     1.  Two parties residing at the same address on membership application will receive joint membership price.

     2.  No alcohol during meetings.

     3.  No charge for yearly pins to new and renewing members.

     4.  No charge on personal ad in ABATE newsletter for members (20 words or less).

     5.  Anyone doing official business should have expenses reimbursed upon State Board approval.

     6.  Member has 90 day grace period to renew membership before newsletter delivery is stopped.

     7.  Shift sheet will be adopted for use at the gate of all ABATE events.

     8.  ABATE will be a chartered promoter of on and off road events for the AMA.

     9.  District operating guidelines and current financial statement shall be submitted to the State Board at each regularly scheduled
          meeting.

    10. Financial statement will be made available to each State Board member at the meeting, and will not be published in the
          newsletter.

    11. State Organization will remain bipartisan and support issues, not politicians.

    12. Any checks submitted for payment must have drivers license number on them and will be charged a $20 service if returned.

    13. ABATE will have no district boundaries concerning membership.

    14. Robert's Rules of Order will be provided to each new District.

    15. Honorary memberships will be limited 5 per 100 members per district.

    16. A free newsletter will be sent to anyone purchasing an ad in same newsletter for the the month(s) it runs.

    17. Each District will have a Legislative Coordinator on the State Board for contact purposes.

    18. The State will fund the MSF courses.

    19. State Office Manager will be responsible to the Chairman and Board Members and will attend all regularly scheduled
          meetings. [top]

Bylaws for ABATE District 20
Voted and approved May 2004

1. $10.00 fine for Board members and Board of Directors that miss meetings (monthly and officers) without prior notification.

 

2.     Yearly Budget for District 20 with appointment of an Audit/Budget Committee.

 

3.     Audit/Budget committee consists of (1) one Board of Director and (2) general members.

 

4.     A (2) two year term limit consecutive for Elected Officers. Must sit out at least one year before running again.

 

5.  Nominate and elect officers in January

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