Maryland State BMX Association Bylaws

  

ARTICLE I. ORGANIZATION

Section 1.01

The name of this organization shall be Maryland State BMX Association

Section 1.02

The organization may, at its pleasure, by a vote of 3/4ths of the General assembly, change its name at any time.

The organization shall have a seal, which shall be in the following form: No seal is available, for use at the present time

ARTICLE II. PURPOSES

Section 2.01

The following are the purposes for which this organization has been organized:

(i) This organization has been established as the governing body of all BMX racetracks located and sanctioned by the National Bicycle League (NBL) within the State of Maryland.

(ii) The organization shall be responsible for setting the overall policy for BMX organized racing in the State of Mary/and, in conjunction with the sanctioning regulations of the NBL.

(iii) The organization shall serve as a liaison between all NBL sanctioned tracks in the State of Maryland and the NBL and shall be responsible for promotion of NBL sanctioned bicycle racing activities in the State of Maryland and further by enforcing the rules and regulations governing BMX racing as promulgated by the NBL and this organization.

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ARTICLE III. MEMBERSHIP

Section 3.01

Every NBL sanctioned racetrack in the State of Maryland shall automatically be a member of this Organization.

Each NBL sanctioned race track in the State of Maryland shall be entitled to have its organization represented at any meetings of the Maryland State BMX Association, Inc. However, only those NBL sanctioned racetracks that have raced at least three (3) NBL races during their current sanctioning period and are current in the payment to their dues (if applicable) shall be considered to be VOTING members.

Each voting member (track) shall be entitled to two (2) votes at any meeting of the Maryland State BMX Association, Inc., which said votes might be cast by two of the local organizationfs elected representatives and/or other designated officials as required by the local organization to the Maryland State BMX Association, Inc..

ARTICLE IV. MEETINGS

Three regular meetings of the general assembly shall be held during the year, at a time and place to be designated by the Board of Directors. The designation of the time and place of the three regular meetings of the general assembly shall be done in such a manner to ensure that the majority of the membership can be expected to be available for the meetings.

The annual meeting of the membership for the purpose of election of officers and representatives shall be held by first weekend in December. (If need be, this may be changed at the discretion of the Board of Directors).

The Board of Directors of the Association each year will designate the exact time and place of the meeting.

The State Secretary shall serve notice (written/electronically; with reply within three (3) business days) to every member in good standing, at his or her address as it appears in the membership roll of this organization. This notice advising the time and place of such meeting shall not be less than 14 days or more than 30 days from the submission of said notice.

The presence of not less than 50% of the general assembly shall constitute a quorum and shall be necessary to conduct the business of this Organization.

For purposes of these by-laws and for purposes of constituting a quorum, each local track shall constitute a member, whether or not that track has two (2)-voting members present at the meeting.

The President or State Commissioner may call special meetings of this organization when it is deemed in the best interest of the organization.

(i) Notices of such meetings shall be written/electronically submitted; (with reply within three (3) business days) to all members at their address as they appear in the membership roll of this organization.

(ii) This notice advising the time and place of such special meeting shall not be less than 14 but not more than 30 days from the submission of said special notice.

(iii) Such notice shall state the reason that such meeting has been called and the business to be transacted at such meeting, and by who called.

At the request of a majority of the members of the Board of Directors or a majority of the general assembly of the organization, the President or the State Commissioner shall cause a special meeting to be called. Notices of such meetings shall be written/electronically submitted; (with reply within three (3) business days) to all members at their address as they appear in the membership roll of this organization. This notice advising the time and place of such special meeting shall not be less than 14 but not more than 30 days from the submission of said special notice. Such notice shall state the reason that such meeting has been called and the business to be transacted at such meeting, and by who called.

All board/general assembly meetings may be conducted in accordance with "Robertfs Rules of Order."

No other business but that is specified in the special notice may be transacted at such special meeting without the unanimous consent of all present at such meeting.

At the request of the President and/or the State Commissioner an electronic meeting may be held. This meeting may be in the form of email of issues and decisions, which require board member review or response. The President or State Commissioner may email issues and decisions to all board members and track representatives for review. The board member or track representative responds to the issues with a positive or negative vote. The final email vote is counted and if the motion carries or is turned down by a vote of a quorum then the decision is final. The administration of the voting will be the responsibility of the President. The Secretary will date and log email meeting as a formal meeting and log all decision via direction of the President.

ARTICLE V. METHOD OF VOTING

Section 5.01

At all meetings, except for the election of officers and directors, all votes shall be by voice or by the raising of hands. During electronic meeting the approval vote can be accepted by the email response to the President. From the voting member

Section 5.02

For election of officers, ballots shall be provided.

(i) The President will appoint a Nominating Committee to coordinate eligible personnel to serve in officer position. This nominating committee will receive votes or nomination of candidates and screen those personnel for qualification to serve in the available board positions. The nominating committee will prepare the ballots and provide them for final voting at the election.

(ii) The President will appoint two tellers to distribute the nominating committeefs ballots.

(iii) They will collect and count ballots and report the vote. They will file a tellerfs report per Roberts Rules of Order.

(iv) The fellerfs report will be made part of the official minutes. Ballots will remain with the secretary for 4 weeks then destroyed by the secretary and a 2nd board member appointed by the President.

(v) The candidate with the majority of the legal votes cast by the voting membership will be elected. In the case of a "tie" for a particular position, blank paper ballots will be distributed to the voting membership.

(vi) Only the individuals whom are "tied" will be voted upon.

Section 5.03

Newly elected officers will take office at the end of the year after a formal turnover of records and financial statement from previous officers.

At any regular or special meeting, if a majority so requires, any questions may be voted upon in the manner and style provided for election of officers (written ballot).

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ARTICLE VI. ORDER OF BUSINESS

Section 6.01

Meeting shall follow a format similar to the below guidance:

(i) Roll Call

(ii) Reading of the minutes of the preceding meeting and any actions taken thereon.

(iii) Reports

(iv) Vote of Committees.

(v) Reports of Officers.

1) Treasurer

2) State Commissioner

3) President

4) Vice President

5) State Points Keeper / Clerk of Course

6) State Director of Public Relations

7) State Promotional Director

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(vi) Elections of Officers (at the annual meeting or as required by by-laws).

(vii) Old/ Unfinished/ Tabled Business.

(viii) New Business.

(ix) Good and Welfare.

(x) Adjournments.

ARTICLE VII. BOARD OF DIRECTORS

Section 7.01

A Board of Directors consisting of not less than four (4) directors and not more than twelve (12) directors shall administer the business of this organization.

The directors for the ensuing year shall b chosen at the annual meeting of this organization in the same manner and style as the officers of this organization and they shall serve fore term of one year.

Section 7.02

The Board of Directors shall be responsible for the control and management of the affairs and/or business of this organization.

The Board of Directors shall only act in the name of the organization when its chairman shall regularly convene it, after due notice to all directors of such meeting.

A majority of the members of the Board of Directors shall constitute quorum and the meetings of the Board Directors shall be held regularly as designated by the Chairmen of the Board of Directors.

A board meeting conference call, email, or other forms of communication shall be held before each of the quarterly general assembly meetings for the purpose of gathering agenda items.

Section 7.03

Each Member of the Board of Directors shall have one vote at any Board of Directors meeting and proxy may not do such voting.

All Board of Directors meetings shall be open to the general assembly. The Board of Directors shall never hold closed meetings and shall either provide the membership with notice of its meetings or a written report as to the results of those meetings shall be provided to the general assembly in the event that notice is not practical.

Section 7.0.4

The Board of Directors may make modifications to the "standing rules" governing its meetings as it may, in it's discretion, determine necessary to complete meetings in addition to those rules and regulations as set forth herein

Vacancies during the year in the Board of Directors shall be filled by a vote of the majority of the remaining members of the Board of Directors for the balance of the year.

Section 7.05

The State Commissioner, by virtue of that office, shall be chairman of the Board of Directors.

The Secretary of the organization shall serve as the Secretary of the Board of Directors and shall be a member of the Board of Directors.

The President, the Vice President, the Treasurer and one main Track Representative shall constitute the remaining Board of Directors.

Section 7.06

(a) In addition to the powers as set forth herein and the powers vested in the Board of Directors by law, the Board of Directors shall, each year, as it deems necessary, vote upon and appoint the following additional officials of the organization.

(b) These officials, who shall be considered officials of the organization, but will not be members of the Board of Directors nor carry a vote at any particular meeting:

(i) State Points Keeper: who shall be responsible for maintaining accurate records of all NBL riders in the State and records of their points for any particular published racing season. These records will be in accordance with the rules as promulgated by the NBL and the Maryland state program.

(ii) State Clerk of the Course: who shall be responsible for the registration of all riders with regard to any State organized BMX race in the State of Maryland and any National (War of the Stars) race designated to Maryland by the NBL. Together with the responsibility for the preparation of all moto sheets and other race related paper work In connection with such events.

(iii) State Director of Public Relations: whose responsibility shall be the coordination of liaisons between State organization, the local tracks, and the media In the State of Maryland. This will include the coordination for the publication of articles in BMX publications as directed by the Board of Directors. The placement in said publications of a schedule of NBL sanctioned state races to be held at applicable local tracks each month. In addition, this person shall be responsible for publication of appropriate brochures and other material as directed by the Board of Directors.

(iv) State Promotional Director, shall be responsible for the promotion of NBL sanctioned BMX in the State of Maryland

ARTICLE VIII. STATE COMMISSIONER, TRACK REPRESENTATIVES AND OFFICERS

Section 8.01

The elected officials of the organization shall be as follows:

(i) State Commissioner and Chairman of the Board

(ii) President and Chief Executive Officer.

(iii) Vice President.

(iv) Secretary.

(v) Treasurer

(vi) **One Track Representative from each sanctioned racetrack in the State of Maryland, as from time to time such tracks are established or modified by the National Bicycle League and the State Commissioner, with the advice of the Board of Directors.

Any one person may hold more than one of the above offices. However, if one person holds more than one office, that person shall have only one vote at board/general assembly meetings. The exception is the President, who may vote as the other officer and the President in case of the necessity to break a tie.

**Each year at the annual meeting of the Association for the election of Officers and Representatives, the Tracks within the State of Maryland as established by the National Bicycle League will present the names of their representatives. Each track board of directors will nominate their track representatives, to the state board.

Section 8.02

STATE COMMISSIONER:

(i) The State Commissioner directs and coordinates and manages the statefs NBL bicycle motocross program and promotes the sport within the state

1) Calls and Presides at all state meeting preferably held in a central location within the state. Notifies each track in writing of where and when the meeting will be held, a minimum of two weeks before the scheduled meeting. An agenda for the meeting should be sent with the notice.

2) Meetings should be open to any interested rider or parent to attend.

3) After state elections, make sure those new state officers, including complete addresses and phone numbers are sent to NBL.

4) By working with the NBL Field Directors and people within the state, works out a viable schedule that avoids unneeded overlapping of events

5) By coordination and channeling in formation, reports etc. helps the state determine what services are needed to carry them out.

6) Is responsible for developing the sport of BMX; and the annual report of the state including all in formation as stated the NBL track manual

7) Responsible for seeing that all state funds raised are in the care of the elected treasurer. The State Commissioner should go over the state bills and disbursements with the State Treasurer.

8) See that the By-Laws are followed.

9) Sees that tracks are organized, personnel trained and the NBL system is carried out at races

10) Coordinates the work done within the state

11) Conducts orientation, assists with By-Law interpretations

12) Plans with track directors for statewide events. Recruits persons to plan and carry out the events. Plans a state race series, sets up committees to select awards and number plates for the state races.

13) The State Commissioner shall be responsible for establishing, organizing and executing a racing season during each calendar year.

14) The State Commissioner will establish exact dates for the beginning and finishing of the racing season (the State Season to accumulate points for a State Number Plate) coordinating with the Board of Directors and Track Representatives.

15) The State Commissioner will establish the dates, times and locations of the Qualifiers within Maryland State for a Maryland State Number Plate and the Maryland State Championship Race coordinating with the Board of Directors and Track Representatives.

16) Sends state series in formation to the NBL Office as soon as the series is set

17) Send mailing to registered riders announcing the state series.

18) Sends state plate winners to the NBL Office upon completion of the series

19) Provides opportunities for track operators to make suggestions and express needs in regularly scheduled meetings

(ii) The State Commissionerfs tenure when elected will be for a term of two years with the option to remain in office an additional one year, pending a majority vote of confidence by the board of directors during the period between 30 to 60 days prior to the annual meeting of the Association for the election of Officers and Representatives. Although an elected board member the State Commissioner may opt to remain in position for the entire tenure or may make his/her position available for election of a new candidate by reporting to the Board of Directors his/her desire to do so. The nominating committee will solicit nominees to fill the position.

(iii) The State Commissioner shall manage the affairs of the Statefs NBL bicycle moto-cross program and shall be the Chief Track Official of the State of Maryland.

(iv) The State Commissioner shall serve as the official representative from the State of Maryland, from this organization to the NBL and shall represent the State at all meetings of the NBL.

(v) The State Commissioner shall, by virtue of the office, be Chairman of the Board of Directors.

(vi) The State Commissioner shall be responsible for assisting in the recruiting of new NBL sanctioned tracks in the State of Maryland.

(vii) The State Commissioner shall attend all special and regular meetings of the membership.

(viii) The State Commissioner shall be responsible for coordinating and shall be the final authority for the scheduling of all competition of NBL Sanctioned tracks in the State of Maryland.

(ix) The State Commissioner shall be responsible to see that all local tracks are organized, their personnel are properly trained, and that all local races are carried out in accordance with the rules of this organization and those rules promulgated by the NBL.

(x) The State Commissioner shall be responsible for the promulgation and interpretation of all rules as such rules are from time to time published by the National Bicycle League and this organization with the assistance and advise of the track representatives.

(xi) The State Commissioner shall be responsible for the organization and planning of all statewide race(s) or other events.

(xii) The State Commissioner shall coordinate this organizationfs track representatives and shall be responsible for presenting to the Competition Congress of the NBL each year, the policies that would be in the best interest of this organization.

(xiii) The State Commissioner shall be responsible, in coordination with the track representatives, for all NBL sanctioned events occurring in the State of Maryland.

The State Commissioner shall be the chairman of the by-laws committee.

(xiv) The State Commissioner shall have one vote at each meeting of the membership and at board meeting.

PRESIDENT:

The President may preside (chair) at all general assembly meetings.

The President shall present at each annual meeting of the organization an annual report of the work of the organization.

The President shall appoint all committees, both temporary and permanent.

The President shall see that all books, reports, and certificates required by law are properly kept or filed.

The President shall have such of her powers as maybe reasonably construed as belonging to the Chief Executive of any organization.

The President shall have one vote at every meeting of the membership, but this vote shall only be exercised if it is necessary to break to a tie. If a person holds more than one position on the board, the president may vote as the other officer at board/general assembly meetings.

VICE PRESIDENT:

The Vice President shall, in the event of the absence of the inability of the President to exercise his/her office, shall become acting President of the organization with all the rights, privileges and powers as if the Vice President had been duly executed President.

The Vice President shall have one vote at each meeting of the general assembly/board meetings.

The Vice President shall be chairman of the nominating committee, and shall gather nomination names for the annual meeting.

SECRETARY:

The Secretary shall keep the minutes and records of this organization in an appropriate manner. It shall be the secretaryfs duties to file any certificates required by statute, state or Federal.

The Secretary shall give and serve all notices to members of this organization as required by these by-laws.

The Secretary shall be the official custodian of the records and seal of this organization.

The Secretary shall present, at any meetings, any communications addressed to the Secretary of the Organization.

The Secretary shall attend to all correspondence of the organization and shall exercise all duties incident to the Office of Secretary.

The Secretary shall have available a list of officers, track personnel, and pertinent in formation. Will maintain a membership roll book.

The Secretary shall have one vote at each meeting of the membership and at board meetings.

The Secretary shall maintain the history of the State Association.

(f) TREASURER

The Treasurer shall have the care and custody of all monies belonging to the organization and shall be solely responsible for such monies or securities of the organization.

The Treasurer shall cause to be deposited in a regular business bank or trust company, a sum not exceeding $5,000.00, and the balance of the funds, if any, of the organization, shall be deposited In a savings bank or other interest bearing accounts to be insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, except that the Board of Directors may cause such funds to be Invested in such investments as shall be legal for a savings bank in the State

The Treasurer must be one of the officers who shall sign checks or drafts of the organization. The Board of Directors must approve any check over $500.00. Two signatures are required. NO special fund may be set aside without the consent of the Board of Directors that shall make it unnecessary for the treasurer to sign the checks issued upon it. Any one of the following persons may sign checks:

1) President

2) State Commissioner

3) Vice President

4) Treasurer

The Treasurer shall render, at stated periods, as the Board of Directors shall determine, a written account of the finances of the organization and such report shall be physically affixed to the minutes of such meeting.

The outgoing Treasurer shall render, within 45 days after the election of new officers and directors, a written account of the finances of the organization and the Treasurer shall further, within said 45-day period, take whatever action is necessary to close the existing account or turn over that account to the incoming Treasurer. Said the Board of Directors shall promptly review accounts and the written account of the finances of the organization, which said Board may, if they deem it necessary, hire an independent accountant to verify the written account of the treasurer.

The Treasurer shall exercise all other duties incident to the office of Treasurer.

The Treasurer shall have one vote at each meeting of the membership and at the board of directors meeting.

(g) TRACK REPRESENTATIVE:

There shall be two- (2) track Representatives elected from each sanctioned NBL track; as the NBL and the Board of Directors establish each track.

One to be on the board of directors. Both representatives shall attend the general assembly meetings.

Each Track Representative is empowered to enforce the rules and regulations of this organization, the NBL, and within that trackfs geographical region and in consultation with the State Commissioner.

Each Track Representative shall have one vote at each meeting of the board/general assembly. For a total of one-track representative vote at a board meeting and two votes at a general assembly meeting.

Each Track Representative may attend the Competition Congress of the NBL and shall vote at that competition Congress In accordance with the best interest of this organization, however the number of Track Representatives eligible to vote at Competition Congress shall be limited to those that are designated delegates to Competition Congress by this Organization in accordance with the number of NBL riders within this State.

Each Track Representative will act as liaison between that particular geographical area and this organization, and shall be responsible for providing information from the track located in that area to the organization and also for providing information from this organization to the track located in that particular geographical area.

Section 8.03

No officers or directors of this organization, by reason of his office, shall be entitled to receive any salary or compensation, other than that in connection with reimbursement for expenses, but nothing herein shall be construed to prevent the Board of Directors from hiring persons and compensating them accordingly. It being the intention herein that officers and directors of the organization, as designated by the Board of Directors, may be compensated for their expenses in connection with the service to the organization, such as travel expenses, postal expenses, telephone expenses, etc. but said officers shall not be salaried employees. Nothing herein shall be construed to prevent the Board of Directors from hiring outside employees and compensating them accordingly when the Board of Directors deems it necessary, such as accountants, attorneys, and other persons to perform services for or on behalf of the Association.

ARTICLE IX. RACING SEASONS AND CHAMPIONSHIP RACES

Section 9.01

This organization and its officers and directors shall be responsible for establishing, organizing and execute a racing season during each calendar year as approved and provided in accordance with NBL Track Manual. The State Commissioner directs and coordinates and manages the statefs NBL bicycle motocross program and promotes the sport within the state coordinating with the organization.

ARTICLE X. EMPLOYEES

Section 10.01

The Board of Directors shall hire and fix the compensation of any employees, which they, in their discretion may determine, may be necessary in the conduct of the business of this organization.

The Board of Directors may, determine fixed fees to be paid to the State Points Keeper, the State Commissioner, or any other officer, director or appointed official of the organization, as a reimbursement for expenses of that particular officialfs office, all of the foregoing subject to the approval of the Board of Directors.

ARTICLE XI. FEES AND DUES

Section 11.01

The Board of Directors may determine any fees or dues of this association and may fix and determine the amount thereof. However, any such fees and dues shall be approved by a majority of the vote of the general assembly.

ARTICLE XII. COMMITTEES

Section 12.01

The President shall appoint all members of committees of this organization and their term of office shall be for a period of one year or less if sooner as terminated by the action of the President or completion of their assigned committee. Maryland State BMX Association Corporate By-Laws

Nominating:

(i) Each track will be represented and the Vice President will be chairman.

(ii) The committee will gather names by the annual meeting and have ballots prepared for the December elections meeting.

(iii) The secretary will provide each member with list of pertinent background in formation as needed.

(c) By-Laws:

Each track will be represented and the State Commissioner will be chairman of the committee.

Will meet at least once a year to review by-laws, policy and procedures.

To make recommendation as needed at the membership meetings. Once reviewed, the chairman will date and initial that review is complete.

The Secretary will provide copies of current by-laws, policy and procedures to each track director and clerk of course.

ARTICLE XIII. FISCAL YEAR

Section 13.01

The fiscal year of this organization shall be the calendar year.

ARTICLE XIV. AMENDMENTS

Section 14.01

a. Amendment of these by-laws may be amended by a vote of the majority of the membership at any annual, regular or special meeting, provided that the substance of the proposed amendment shall have been stated in the Notice of the Meeting.

b. These by-laws may be amended when the proposed amendment has been submitted to the Board of Directors with a request that if be submitted at the next annual or regular meeting of the general assembly.

c. The request for Amendment to the by-laws submitted to the Board of Directors must be submitted at least 45 days prior to the next ensuing or regular meeting.

d. Upon receipt of a request for Amendment to by-laws, the Board of Directors shall instruct the Secretary to send a copy of the proposed Amendment to the members, together with the Notice of the next ensuing annual, regular or special meeting, and thereafter at such meeting, a vote of the majority of the membership may amend the by-law.

ARTICLE XV. REMOVAL OF OFFICERS, REPRESENTATIVES AND OFFICIALS

Section 15.01

The general assembly, at any meeting, by a vote of 3/4th of the total Voting body can remove any officer, representative or official of this organization with written substantial cause.

ARTICLE XVI. . DISSOLVING OF STATE MONIES

Section 16.01

In the event, the Maryland State BMX Association, Inc. is dissolved due to administrative, judicial, or financial reasoning the remaining state funds will be distributed to the member track associations if in existence, and if not to the sanctioning body, the NBL.