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29, November 1998
Article I.
Name
The name of this organization in Mile
High EAA Chapter 43, Incorporated.
Article II.
Location
The office for the transaction of business for
the organization shall be located in Broomfield,
Colorado, Jefferson County.
Article III.
Purpose
The organization is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that quality as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
In addition, this organization:
1.
promotes and encourages membership in the Experimental Aircraft
Association,
2.
supports the mission, vision, goals and objectives of the Experimental
Aircraft Association through membership programs and services facilitated
through the “grassroots” of network of the “EAA Chapter Family”,
3.
promotes and encourages an atmosphere where all are welcome to join-in and
become a part of recreation aviation through “grassroots” participation,
4.
promotes and encourages the sport and hobby of recreation aviation,
5.
promotes and encourages an environment that fosters and facilitates safety
in the design, construction, restoration, and operation of all types of
aircraft, including ultralight vehicles, and
6.
Promotes a positive, productive, and cooperative relationship between the
membership of this organization and those governmental agencies and private
enterprises that provide aviation services and aviation facilitates available to
the members of this organization.
Article IV.
Membership
Eligibility for Membership: Eligibility for
membership in this organization is open to any person who has an interest in
recreation aviation.
Classifications of Membership: There are five
(5) types of membership available in this organization. These memberships are;
regular, associate/introductory, honorary/complimentary, special, and family.
The specific details of these membership
classifications are described in the following paragraphs:
1.
Regular Membership: A regular member of this organization shall be any
person who meets the requirements of membership in this organization, joins this
organization, pays the appropriate membership dues for this organization, and is
a member of the Experimental Aircraft Association, Incorporated in Oshkosh,
Wisconsin.
2.
Family Membership: A family member of this organization shall be any
family, including parents and children under the age of nineteen (19), who meet
the requirements of membership in this organization, joins this organization,
pays the appropriate membership dues for this organization, and are family
members of the Experimental Aircraft Association, Incorporated in Oshkosh,
Wisconsin.
3.
Associate/Introductory Membership: An associate/introductory member shall
be any person who meets the requirements of membership in this organization,
joins this organization, pays the appropriate membership dues for this
organization, however, who has not yet joined the Experimental Aircraft
Association, Incorporated in Oshkosh, Wisconsin.
4.
Honorary/Complimentary Membership: A honorary/complimentary member shall
be any person the membership of this organization wishes to extend a “free”
membership to in recognition and appreciation of that person’s support for
this organization.
5.
Special Membership: A special member shall be any person who meets the
requirements of membership in this organization, however, for economic reasons
cannot afford to pay the appropriate membership dues for this organization.
Duration
of Membership: Duration of membership shall be dependent upon continued
fulfillment of all membership requirements, including the paying of appropriate
membership dues in this organization. Duration of membership of
Associate/Introductory Membership is limited to one (1) year and must be
converted to a Regular Membership or Family Membership in order to continue
membership in this organization. Honorary/Complimentary Membership of Special
Membership may be extended or continued beyond one (1) year at the discretion of
the members of this organization.
Voting
Privileges of Membership: Voting privileges of membership in this organization
shall be limited to Regular Members, Family Members (excluding children), and
Special Members. Associate Members and Honorary/Complimentary Members shall not
have voting privileges in this organization.
Expulsion
of Membership: Membership in this organization is a privilege, which requires an
appropriate commitment from each member. With membership, each member shall
accept the responsibilities of membership and by acceptance agrees to promote
this organization and protect this organization to the best of their abilities.
In the event a member fails to meet the requirements of membership, they agree
to accept removal of membership in accordance with the following conditions:
1.
Any member, who be deed or action, harms of jeopardizes the reputation or
other valuable assets of this organization, may be removed from membership in
this organization, by a two-thirds (2/3) vote of eligible members at any regular
membership meeting.
2.
Any member who fails to keep their membership dues in this organization
current shall have their membership suspended after ninety (90) days. In the
event the member’s membership dues become one hundred and twenty (120) days
over due, it is understood that the member has voluntarily surrendered their
membership in the organization and they shall be considered expelled from
membership.
Resignation of Membership: Any member may
resign their membership in this organization at any time by delivering to any
Officer in the organization written notice of their resignation. The resignation
of membership shall become effective on the date as stated in the written
notice. In the event the written notice of resignation does not contain an
effective date the resignation, the date the member delivers the written notice
shall become the date of resignation.
Article
V.
Membership Dues and Assessments
Membership Dues and Assessments:
The organization may at the discretion of the membership determine
appropriate dues and assessments for membership. The rate of dues or the amount
of assessment shall be determined by the membership at any regular membership
meeting by a two-thirds (2/3) vote of eligible members. Dues and assessments
shall be paid to the Treasurer of the organization or any person they may
designate. Dues are to be annual and are payable upon joining the organization,
or on January 1 of each year. Dues shall be wholly earned and will not be
pro-rated in the event of expulsion or resignation of membership in the
organization. Honorary/complimentary members and special members shall not be
required to pay any membership dues or assessments.
Article
VI.
Officers
Executive Officers:
1.
The Executive Officers of this organization shall be; President, 2-Vice
Presidents, Secretary, and Treasurer.
2.
The term of office for all Executive Officers shall be one (1) year.
3.
The Executive Officers shall be elected at the regularly scheduled
November membership meeting and shall hold office for one (1) year from the date
of installation. Installation of Executive Officers shall be at the January
membership meeting following their election.
4.
The treasurer may be bonded in an amount to be determined by the
Executive Officers of the organization. The bond premium shall be at the expense
of the organization.
Duties of the Executive Officers:
1.
The President of the organization shall be the Chief Executive Officer of
the organization and the Board of Directors. The President of the organization
may call any special meeting of the members of the Board of Directors and shall
have, subject to the advice and control of the Board of Directors, general
charge of the business of the organization. The President of the organization
shall execute with the Secretary of the organization all contracts and
instruments which have first been approved by the Board of Directors of the
organization. In case of the absence or disability to the Treasurer, the
President of the organization may execute checks for the expenditures of the
organization authorizes by the Board of Directors of the organization.
2.
The Vice President of the organization shall be vested with all the
powers and shall perform the duties of the President of the organization in case
of the absence, disability, or inability, for any reason, of the President of
the organization, to perform the duties of his office. The Vice President of the
organization shall also perform such duties connected with the operations of the
organization as he may undertake at the suggestion or direction of the President
of the organization.
3.
The Secretary of the organization shall have the responsibility to take
and publish minutes of all meetings of the members and the Board of Directors.
The Secretary of the organization shall attend to the giving and serving of
notice of all meetings of the members and Board of Directors and otherwise. The
Secretary, with the assistance of the Membership Chairperson, shall keep a
proper membership book or record showing the name of each member of the
organization, the bylaws of the organization, non-profit incorporation, and such
other books and papers as the Board of Directors of the organization may direct.
The Secretary shall execute, along with the President or the organization, in
the name of the organization, all contracts and instruments that have been first
approved by the Board of Directors of the organization. The Secretary shall
perform all other duties incident to the office of Secretary, subject to the
control of the President of the organization and the Board of Directors of the
organization, as directed by them.
4.
The Treasurer of the organization and the President and/or Vice President
shall execute in the name of the organization, all checks for the expenditures
authorized by the Board of Directors of the organization. The Treasurer of the
organization shall receive and deposit all funds of the organization in a bank
selected by the Board of Directors of the organization, which funds shall be
paid out only by check as provided. The Treasurer of the organization shall also
account for all receipts, disbursements and the balance of funds on hand. The
Treasurer of the organization shall perform all other duties incident to said
office subject to the control of the President and the Board of Directors of the
organization as directed by them. The Treasurer of the organization shall be
responsible for the actuate maintenance of all insurance records of the
organization, including to proper application, binding, and premium payment for
all necessary insurance provide or required by the Experimental Aircraft
Association.
Article VII.
Board of Directors
1.
The power, business, and property of the organization shall be exercised,
conducted and controlled by the Board of Directors of the organization.
2.
The Board of Directors of
the organization shall consist of the following:
a.
Class I Director: Class I Directors shall be the elected President, Vice
Presidents, Secretary, and Treasurer.
b.
Class II Director: Class II Directors shall be four (4) additional
members of the organization elected to the position of Class II Director as
described herein.
c.
The term of office for the elected board members will be two (2) years.
Two members elected in even numbered years and two elected in odd numbered
years.
3.
The President of the organization shall preside over the Board of
Directors as its Chairman.
4.
In case of a vacancy on the Board of Directors for the organization, the
President shall appoint a replacement, subject to the approval of a majority of
the Board of Directors.
5.
Meetings of the Board of Directors of the organization shall be called at
any time on the order of the President or on the order of a two-thirds (2/3)
majority of the Board of Directors.
6.
Notice of Meetings of the Board of Directors of the organization, stating
the time and general purpose of the meeting, shall be mailed or personally given
to the Board of Directors at least 48 hours prior to the time of the appointed
meeting. If all Directors shall be present at a meeting, any business of the
organization may be transacted without previous notice of the meeting.
7.
A two-thirds (2/3) majority of the Board of Directors of the organization
shall constitute a quorum of the Board of Directors at all meetings and the
affirmative vote of a majority present shall be necessary to pass any resolution
or authorize any act of the organization.
8.
Each member of the Board of Directors of the organization shall serve as
a Director without compensation.
9.
The Board of Directors of the organization shall have the power and
authority to promulgate and enforce all rules and regulations pertaining to the
use and operation of the organization property and to do and perform, or cause
to be done and performed, any and every act which the organization my lawfully
do and perform.
Article VIII.
Meeting of Members
1.
All meetings of the members of the organization, except as herein
otherwise provided, shall be held at a place to be determined by the President
of the organization.
2.
Notice of any meeting of the members of the organization shall be given
by notice published in a recognized publication of the organization, such as the
organization newsletter, before such meeting.
3.
Special meetings of the members of the organization may be held at such
time and place as the President of the organization may determine, or may be
called by a two-thirds (2/3) majority of the Board of Directors of the
organization.
4.
Notice of special meetings of the member of the organization, stating the
time and in general terms the purpose of the meeting, shall be given in a like
manner as the notice required for the regular meetings.
5.
At any meeting of the members of the organization, a quorum shall consist
of at least one-half (1/2) of the members who are present and in good standing.
6.
The President of the organization, or in his or her absence the Vice
President of the organization, or in the absence of the President and Vice
President, Chairman elected by the members of the organization present, shall
call the meeting of the members of the organization to order and shall act as
the presiding officer.
7.
At every meeting of the members of the organization, each voting member
shall have only one (1) vote. In the absence of a member of the organization, he
or she shall have the right to vote by proxy.
8.
A majority of the members of the organization present or represented by
proxy is necessary for the adoption of any resolution, except any resolution
that calls for the organization to separate its relationship with the
Experimental Aircraft Association, Incorporated, in which case a majority of not
less than eighty percent (80%) of the members of the organization present or
represented by proxy is necessary for the adoption of any such resolution.
Article
IX.
Vacancies (President, Vice President, Secretary, Treasurer)
If the office of President, Vice President,
Secretary, or Treasurer of the organization become vacant for any reason, the
Board of Directors of the organization shall elect a successor who shall hold
the office for the remainder of the normal term.
Article
X.
Elections
1.
The President of the organization shall appoint a nominating committee
made up of at least three (3) regular members of the organization. The
appointment of the nominating committee shall take place in August.
2.
The appointments to the nominating committee will be announced to the
members of the organization at the regular meeting of the organization in
August. In addition, the names of the regular members of the organization
appointed to the nominating committee shall be published in the next newsletter
of the organization.
3.
Beginning in August, the nominating committee shall canvas current
officers and directors of the organization to determine if they wish to seek
re-election to their current position in the organization. The nominating
committee shall also canvas the members of all committees and groups within the
organization to seek out any regular members of the organization who may be
interested in seeking an elected position within the organization. Further, the
nominating committee shall communicate among the membership of the organization
to seek out any other members of the organization who may be interested in
seeking an elected position within the organization.
4.
At the October regular membership meeting of the organization the
nominating committee shall present to the membership of the organization the
nominations they have obtained. In addition open nominations will be accepted
from the members of the organization present.
5.
Once all nominations have been received from the membership of the
organization, the slate of nominees will be posted at the regular meeting place
of the organization and be published in the next newsletter of the organization.
6.
Elections of officers and directors of the organization will take place
at the November regular meeting of the membership of the organization. Voting
shall be done by written ballot and the election shall be monitored by three (3)
members of the organization appointed by the Board of Directors of the
organization. All ballots will be counted and confirmed by the monitors and the
results of the election announced to the members of the organization present.
7.
All elected officers and directors of the organization shall assume their
responsibilities at the January regular meeting of the membership of the
organization.
Article XI.
Transition of Leadership
1.
The membership of the organization recognizes the importance of a smooth
transition of leadership. Therefore, following the election of officers and
directors of the organization, the incumbent and newly elected officers and
directors shall organize and hold a transition meeting wherein the records and
information of the organization may be passed on to the elected officers and
directors of the organization.
2.
During the transition meeting, the elected officers and directors of the
organization shall review the bylaws of the organization so to ensure they are
clearly known and understood.
3.
During the transition meeting, the elected officers and directors of the
organization shall review the incorporation of the organization to ensure the
incorporation is current and that the organization is properly incorporated as a
non-profit corporation.
4.
During the transition meeting, the elected officers and directors of the
organization shall review the reported status of the organization to ensure that
all proper notifications have been forwarded to the Experimental Aircraft
Association as prescribe.
5.
During the transition meeting the elected officers and directors of the
organization shall review the insurance coverage requires as specified by the
Experimental Aircraft Association to ensure all proper insurance coverage has
been arranged through the programs specified by the Experimental Aircraft
Association.
Article XIII.
Financial Reports and Audits
1.
The Treasurer shall prepare quarterly and an annual financial statement
for the organization and present a quarterly and annual report of the financial
status of the organization to the membership of the organization.
2.
The Board of Directors shall arrange to have an internal audit of all
financial records of the organization conducted annually. Further, the Board of
Directors of the organization shall provide a copy of the written report of the
internal audit to the membership of the organization. The Board of Directors of
the organization will review any recommendations provided by the internal audit
and the Board of Directors shall take appropriate steps to implement any
reasonable recommendations provided from the outside audit.
3.
If the chapter treasury at any time during the year exceeds eight (8)
thousand dollars, the internal audit shall be changed to an outside audit to be
conducted by a CPA not connected to the chapter. The appointment of an outside
auditor will be done by a two-thirds (2/3) majority vote of the Board of
Directors.
Article XIII.
Facilities, Tools, and Other Assets
1.
The Board of Directors of the organization shall ensure all facilities,
tools, and other assets of the organization are properly insured against loss.
2.
The Board of Directors shall appoint committees as the deem necessary to
properly manage the facilities, tools, and other assets of the organization,
including the promulgation of rules and appropriate procedures so to ensure the
proper use of all organization facilities, tools, and other assets.
Article XIV.
Flying Clubs
In the event the organization owns and
operates an airplane or ultralight for the purpose of providing an airplane of
ultralight to the members of the organization to fly or learn to fly, the Board
of Directors shall adhere to the rules and procedures as outlined in Attachment
1, Chapter Flying Club Bylaws.
Article
XV. Organization
Committees
The Board of Directors of the organization
shall establish the following committees, as it deems necessary.
1.
Welcome Committee
2.
Membership Committee
3.
Flying Activities Committee
4.
Young Eagles Committee
5.
Flying Start Committee
6.
Fly-In Committee
7.
Social Committee
8.
Membership Recognition Committee
9.
Nomination Committee
10.
Builders Support Group Committee
11.
Safety Committee
12.
Budget & Finance Committee
13.
Scholarship Committee
Article XVI.
Dispute Resolution
In the event any member, or group of members,
of the organization request intervention by Staff of the Experimental Aircraft
Association, Incorporated concerning a dispute within the organization, the
organization agrees to cooperate completely and fully in the resolution process
as may be determined by the Staff of the Experimental Aircraft Association,
Incorporated. In the event a dispute within the organization cannot be resolved
with the assistance of the Staff of the Experimental Aircraft Association,
Incorporated, and it is determined by the Staff of the Experimental Aircraft
Association, Incorporated to be at an impasse, the organization agrees and
acknowledges the authority and responsibility of the Experimental Aircraft
Association, Incorporated to remove the charter as given by the Experimental
Aircraft Association, Incorporated. The organization further agrees to cease any
further recognition of any affiliation with the Experimental Aircraft
Association, Incorporated.
Article XVII.
Amendments
The bylaws of this organization may be repealed
or amended, or new bylaws may be adopted at any meeting of the members of the
organization called for that purpose, or at the annual meeting of the members of
the organization, by two-thirds (2/3) majority vote of the voting members of the
organization in good standing in the organization in person or by proxy.
Article
XVIII. Dissolution
Upon dissolution of the organization, three (3)
officers appointed by a majority of members in good standing shall be designated
as trustees who shall liquidates, soon as practicable, the assets thereof. They
will pay all existing debts and liabilities in proportion to the final available
capitol including any money rightfully due the members. Any remaining surplus
shall then be donated to the Experimental Aircraft Association, Incorporated,
Oshkosh, WI.
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