Empire BMX - By Laws

Empire BMX By Laws	Pre Registration Form	Team Series Rules
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ARTICLE I

Name

Section A

The name of the organization shall be: Empire State BMX Association, Inc

ARTICLE II

Section A

The Empire State BMX Association shall be a non-profit organization and is duly registered as such under the Laws of the State of New York.

Section B

The Empire State BMX Assoc. Inc. will act in such a manner as to further the policies and purposes of the National Bicycle League (NBL).

Section C.

The Empire State BMX Assoc. Inc. shall give support and encouragement to the concerns and interests of Bicycle Motocross races regardless of age, sex, race, color or creed.

Section D.

No member of this organization either officially or otherwise, shall be personally or otherwise liable for any of the debts, liabilities and/or obligations of this organization.

Section E.

This organization may accept donations, and/or contributions in any amount and in any form from time to time, such donations, and/or contributions must meet all terms and conditions as set forth by all state and federal requirements.

Section F.

Invalidation of any article or section of these by-laws by the Laws of the United States, The State of New York, local ordinances or rules and regulations promulgated by the NBL, will not invalidate articles and/or sections.

ARTICLE III

Section A.

Official membership of this organization shall be made up of the Board of Directors from Member Tracks

Section B.

The Board of Directors shall consist of the Empire State BMX Assoc. Inc. Officers and Two (2) representatives from each Empire State BMX Assoc. Inc. affiliated track.

Section C.

The Empire State BMX Assoc. Inc. President/State Commissioner, Vice President/Assistant State Commissioner, Secretary, Treasurer and State Clerk shall be the officers of the Empire State BMX Assoc. Inc. Their election and qualifications are described in Article V.

Section D.

Empire State BMX Assoc., Inc. Affiliated Tracks shall be:

Catamount BMX

Central NY BMX

New Paltz BMX

Shoreham BMX

Tri-City BMX

Section E.

Each affiliated track shall designate two (2) representatives who must be active members of the tracks organization they will represent. These representatives will be installed on the Board of Directors at the annual organizational meeting for a one (1) year term. An affiliated track may change its representatives by presenting written notification to the State Secretary one (1) week prior to any scheduled meeting. The new track representative will be installed as a member of the Board of Directors at his/her first meeting.

Section F.

Each affiliated track shall also designate one (1) alternate representative who must be an active member of the tracks organization. The alternate representative will be designated at the annual organizational meeting for a one (1) year term. The alternate track representative will act in place of one of the track representatives on the board of directors in the event that the regular track representative is unable to attend.

Section G.

Full voting privileges will be granted to all official members of the Board of Directors, except the State Commissioner/President, who may vote only in case of a tie. This shall include elections.

Section H.

No more than one(1) member of any immediate family shall serve as an officer at the same time and no more than two (2) members of any immediate family shall serve on the Board of Directors at the same time.

Section I.

Removal of any member due to a dereliction of duty may be accomplished by a two-thirds (2/3) or greater vote in favor do the removal by the Board of Directors. A quorum must be present as set forth in Article IV Section B.

Section J.

Each Track is entitled to have two (2) State Qualifiers. The State Championship will be rotated within the State Association Member Tracks. The yearly site must be approved by 51% of the Empire State BMX Association Inc., Board of Directors. Article IV, Section B shall apply.

ARTICLE IV

Section A.

The Empire State BMX Assoc. Inc., shall meet a minimum of twice (2) a year at a location central to the geographical boundaries of the State of New York. One meeting shall be at the end of the racing season in November or early December. The second shall be in March or early April.

Section B.

A quorum must be present to conduct official State BMX business. Fifty-one percent (51%) of the members of the Board of Directors must be present to constitute a quorum.

Section C.

At the Fall meeting, the nomination and elections shall be conducted as prescribed in Article V. The officers of the Board will assume their office on January 1st. Also, appointments and policies for the coming year should be set forth and the meeting scheduled and locations will be established for the year, if possible.

Section D.

Special meetings may be called by the State Commissioner/President or by request of a member of the Board of Directors to conduct business during periods of high activity that cannot or should not be delayed until the next regularly scheduled meeting, Article IV, Section B shall apply. Notice of the time, place and purpose of special meetings shall be given to each member of the Board of Directors with not less than three (3) days notice before the meeting. No other business shall be transacted at a special meeting except that for which the meeting has been called.

Section E.

All regularly scheduled and special meetings shall be conducted in an "open forum" under the control of the State Commissioner/President or Assistant State Commissioner/Vice President as the presiding officer. However, the Board of Directors may enter into closed session to address emergency situation and/or matters that require discrete conduct, such as legal matters, matters under the non-profit incorporation laws of the State of New York and/or amending the by-laws.

Clarification - "Open Forum" shall mean that all attendees may participate in the meeting when recognized by the chair (presiding officer) and within the format of the agenda set forth.

Section F.

Meeting agenda should follow but is not limited to the following basic format:

Call to order.

Attendance and verification of a quorum.

Minutes of the previous meeting.

Financial report.

Committee reports.

Track reports.

Old business

New business.

Adjournment.

ARTICLE V

NOMINATIONS, ELECTIONS and VACANCIES

Section A.

Officers will be elected by the total members eligible to vote.

Section B.

State Commissioner 2 Year Term (Next Term 2008-2010) Assistant Commissioner 2 Year Term (Next Term 2007-2009) Secretary 2 Year Term (Next Term 2008-2010) State Clerk 2 Year Term (Next Term 2008-2010) Treasurer 2 Year Term (Next Term 2007-2009)

Section C.

Nominations for the Officers shall be at the Fall election meeting.

Nominees must meet the following qualifications:

Must be at least 21 years of age.

Candidates for State Commissioner/President, Assistant Commissioner/Vice President must have been an active NBL official for at least two (2) years and have previously served as a member of the Empire State BMX Association Inc. Board of Directors.

Section D.

Election of officers shall be performed via paper ballot prepared by the Secretary. All eligible voters in attendance shall vote for the candidate of their choice. In case of a tie, a revote shall be conducted with the State Commissioner/President voting. In the case of an unopposed candidate, the office shall be filled by one vote cast by the Secretary.

Section E.

Officer vacancies shall be filled by a special election held at any regularly scheduled of special meeting as near as possible to the development of the vacancy.

ARTICLE VI

DUTIES OF THE OFFICERS

Section A.

The State Commissioner/President shall:

Preside at all regularly scheduled, special and open meetings of the Empire State BMX Association Inc.

Act as, or appoint the referee at all State races.

Be ex-officio member of all committees.

Provide NY State representation to the NBL. This is to include all correspondence and dialogue concerning problems that may develop within the State with regard to the NBL.

Chair the NY delegating to the NBL Competition Congress and President's Cup or appoint another delegate.

Provide a focal point for infra and inter-state relations.

Act as a liaison to obtaining information regarding additional NBL Tracks desiring to join Empire State BMX for presentation to the Board of Directors.

Perform any and all other duties necessary to promote and enhance the Empire State BMX Association Inc. program.

Vote only in a tie.

Section B.

The Assistant State Commissioner/Vice President shall:

Perform the Duties of the State Commissioner/President in the absence and/or inability of the State Commissioner/President.

Assist the State Commissioner/President in duties relevant to enhancing the policies and purpose of the Empire State BMX Association Inc.

Perform other such duties that may be assigned by the State Commissioner/President and/or the Board of Directors.

Section C.

The Secretary shall:

Be the official recorder of minutes of all meetings.

Be responsible for the timely distribution of minutes to members of the Board of Directors.

Maintain all Empire State BMX Association Inc. records as may be assigned by the NY State Commissioner and/or Board of Director. These records shall include, but not be limited to:

A. Corporate meeting minutes of all meetings.

B. Tax records for public inspection.

C. A list of property owned by the Empire State BMX Association Inc.

Section D.

The Treasure shall:

Be custodian of all funds of the Empire State BMX Association Inc.

Give a written, itemized financial report at each regularly scheduled meeting and/or upon request by the Board of Directors.

Conform to the financial policies as set forth in Article X.

Prepare an annual budget.

Prepare and file all Federal and State Tax returns.

Perform other such duties that pertain to the office of Treasure

Section E.

State Clerk shall:

Be the Head Clerk of Course or assign an alternate at all State Qualifiers and the Championship.

Be keeper of ALL State Points.

ARTICLE VII

COMMITTEES

Section A.

It is suggested there is the following standing committees established annually. Committees will be comprised of volunteers. Each committee shall elect a chairperson. If no one volunteers for a given committee, the State Commissioner/President shall appoint a Board member to perform the committee's duties.

by-laws Committee

To provide clarification and interpretation of the organizations official by-laws when called upon. Also. To evaluate recommendations to amend the by-laws when the need arises.

State Competition Committee

To provide guidelines pertaining to the rules and regulations and make those recommendations for the State Series.

Annual Awards and Ceremony Committee

Research and recommend awards for the State Series and Championship.

ARTICLE VIII

AMENDMENTS

Section A.

Suggest amendments to the by-laws must be submitted, in writing, to a member of the Board of Directors and evaluated by the by-laws committee to determine if the proposal has merit. After establishing merit and wording, the amendment shall be presented in the following manor:

The amendment must be read at the next scheduled meeting. At that meeting, the amendment needs to be approved by a two-thirds (2/3) vote of the Board of Directors. Article IV Section B shall apply.

Section B.

The by-laws committee will be responsible for the placement of the amendment into the official by-laws and the timely distribution of the revised by-laws to the Board of Directors.

Article IX

DISSOLUTION

Section A.

In the event it becomes necessary to dissolve the Empire State BMX Association Inc. and after all liabilities have been paid, any remaining assets and funds shall be transferred in full or part to another non-profit incorporation within the State of New York as may be set forth by the Board of Directors.

ARTICLE X

FINANCIAL POLICIES

Section A.

All moneys are to be deposited in one (1) primary account. That account to be an interest bearing account, if possible.

Any other accounts deemed necessary for moneys must be approved by the Board prior to establishment. Reports for that/those accounts to be the same as for the primary account.

All check signers are to be either the State Commissioner, Treasure and/or a third individual to be selected by the Board.

Written Treasure's reports are to be made at each regular meeting with sufficient copies so that each member may have one. Documentation to support deposits and expenditures will be available for inspection.

All expenditures over $200.00 are to be approved by the Board with the exception of normal operating costs.

All checks and money received are to be deposited with three (3) banking days of receipt.

All State payments must be paid by State Check. All cash receipts must be paid to the individual and not written for cash.

ARTICLE XI

COMPETITION CONGRESS

Section A.

As a recommendation by the NBL, the State Commissioner or Assistant State Commissioner will be a representative to the annual Competition Congress held each year. Empire State BMX will send as well the State Clerk.

Section B.

The Empire State BMX Association Inc. shall pay for the State Commissioner or Assistant State Commissioner as well the State Clerk to attend Congress. The State Treasure will pay registration, hotel, transportation and food expenses.

Section C.

Reimbursement limits:

Vehicle transportation twenty-five cents (.25) per mile. This to cover gas and wear and tear of their vehicle used. Hotel limited to one hundred dollars ($100.00) per night unless this rate cannot be secured. Food limited to thirty dollars ($30.00) per day. All reimbursements require receipts.

ARTICLE XII

STATE QUALIFIERS

Section A.

The State Commissioner or the Assistant Commissioner will represent the State at every qualifier. The State shall pay for hotel, transportation and food expenses when needed. Hotel limit is one (1) night only with one (1) room per weekend.

Section B.

Reimbursement Limits - See Article XI Section C.

ARTICLE XIII

PRESIDENT'S CUP

Section A.

The State Commissioner or the Assistant Commissioner will represent or appoint a delegate to represent the State at the yearly President's Cup.

Hotel is limited to only two (2) days while at the event, one (1) room per day. Reimbursement limits in Article XI, Section C.