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
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.
ABATE of Southern Idaho, LLC does not discriminate against any person on the basis of sex, race, motorcycle choice, or religious preference.
CLASSIFICATION OF MEMBERSHIP
Members shall be defined by the following:
- REGULAR MEMBERS
- Any person 18 years or older who is a member and who is not otherwise classified below, is deemed to be a regular member.
- CHARTER MEMBERS
- A regular member of ASI chartered by the Officers and any person who became a regular member of ASI by the second meeting, having filled out an application and payment of dues, shall be deemed to be a charter member.
- 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.
- Jr. MEMBER
- Any person under 18 years of age, and who is a member, will be eligible at a reduced rate; however will not be eligible to vote.
Regular members shall have the right to vote and hold office in the Organization. All members have the right to speak during the meetings, and to take part in all activities of the Organization, in accordance with the by-laws and Parliamentary Procedures (Roberts Rules of Order).
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.
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’s 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.
Individuals will be charged a $50 fee for each NSF check received by the Treasurer.
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.
TERMINATION OF MEMBERSHIP
Termination of ABATE membership shall occur as follows:
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:
- Misuse of any Organization property
- Assault upon any person at any ABATE sanctioned event
- Any conduct unbecoming of a member
FILING CHARGES/SHOW CAUSE
The members who are bringing the charges (plaintiffs) shall show cause before the Officers as to why the member (respondent) 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.
- OFFICERS AS RESPONDENTS
- If the respondent is an officer then they shall not have any vote or say in the disciplinary proceedings other than the normal rights of the respondent.
- 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. The secretary is to be present to take notes at all hearings
- 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.
- HEARING COMMITTEE REPORT
- At the Hearing Meeting, the member undergoing these procedures is allowed to be represented by counsel or may 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 respondent, undergoing these procedures to be represented at the above mentioned meeting shall not invalidate these proceedings.
- STANDARD OF PROOF
- Upon review of the Hearing Committee report by the Officers, and hearing any evidence presented by the subject member, If Officers find said member guilty as charged, this shall, for purposes of these procedures, require a majority rule.
- 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.
- Censure shall consist of a written statement from the Officers, signed by the Coordinator, and sent by registered mail 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.
- 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. If the suspended member holds 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.
- TERMINATION OF MEMBERSHIP
- The termination of membership shall be sent by registered mail 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 majority vote of the Officers.
- 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 thirty (30) 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.
BOARD/CHAIR POSITION REMOVAL PROCESS
If appointed duties by any chair or board member are deemed as not being performed, the following steps shall be taken:
- One on one discussion with Coordinator or Coordinators appointee and Sergeant at Arms to address concern. If Coordinator is in question, the Sergeant at Arms and the Deputy Coordinator will address the issues.
- If Duties are not performed for 2 consecutive meetings and or months, board can raise concern to membership and ask for appointment of new replacement. Procedures according to by laws shall be followed.
Proxy votes may be done by regular mail or electronic means. They will be sent to the Coordinator or Deputy Coordinator on their non-election year. Proxy Ballots are available upon request. Proxy voting is closed 24 hours prior to the election meeting
VOTING IN PERSON
Members who have not voted by proxy, wishing to vote in person shall do so by ballot at the election meeting. Ballots will be provided by the Membership Secretary or their designee, based upon the current active members’ roster.
All ballots will be counted by the Coordinator or Deputy Coordinator not up for election and one non Board member volunteer.
DISBURSEMENT OF FUNDS
The funds in the “down riders” fund shall be dispersed as follows:
- 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.
- A 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.
- A Get Well, Sympathy, or other appropriate card or items may be sent on behalf of the Organization to any person acquainted with ASI, by a majority vote of the general membership.
Business meetings shall be held monthly at a regularly scheduled date, time and place. The procedure at all meetings, business, planning and/or committee, shall be governed by accepted Parliamentary rules of order (Roberts Rules of Order), and members shall observe proper decorum during the sessions of the Organization and its various committees.
The Organization shall establish and maintain a checking account. Coordinator, Secretary and the Treasurer shall be on the signature authorization of all bank accounts. All moneys sent 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. All accounts shall be in the name of ABATE of Southern Idaho, LLC.
- Accounting: The board of Directors shall have prepared data memorandum and annual accounting of ABATE of Southern Idaho and made available on request.
- Financial books are to be reviewed by an accountant on an annual basis and report back to the board of directors.
- No member or officer of Abate of Southern Idaho may expend, purchase or encumber assets or funds from the ABATE organization without prior authorization and majority approval. Items that are exempt from this: Officers may order stamps and other necessary items under 50 dollars with the Coordinator’s approval. Membership patches, are exempt from this and will be ordered by membership secretary, 20 at a time when stock is low.
- No member shall profit in any way or receive payments outside of reimbursement for expenses. Down Rider Fund is excluded from this clause.
Upon the time of dissolution of the organization, assets shall be distributed by the Board of Directors, after paying or making provisions for the payment of all debts, obligations, liabilities, costs and expenses of the corporation, for one or more exempt purposes within the meaning of section 501(c)(4) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
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:
- Be submitted to the Organization in writing. The proposal shall include the amount of the donation, the recipient, and the rationale for the donation including how it would support ABATE’s mission, purpose, and/or goals
- The proposal shall be presented at the next regular business meeting and it shall require a simple majority vote of the members present.
ASI will only host charitable events or benefits that fall within the guidelines of Article II Purpose contained in the bylaws. However, members are welcome to attend and donate to any charitable event they deem worthy.
These Policy and Procedures of ABATE of Southern Idaho, LLC, a not for profit organization, confirmed and adopted by Founding Members:
Dated this 3rd day of September, 2014
- Attested by
- Rory Smith / Coordinator
Steve Zeimantz / Deputy Coordinator
Kimberly Larson / Secretary
Donna Ferbrache / By-Law Committee Chairman