COMBAT VETERANS MOTORCYCLE ASSOCIATION NEW HAMPSHIRE, CHAPTER 5-2 BY-LAWS ARTICLE 1: ORGANIZATION Section 1.1 - Name: The name of the association is: Combat Veterans Motorcycle Association New Hampshire, Chapter 5-2. Section 1.2 - Principal Office: The principal office of Combat Veterans Motorcycle Association New Hampshire, Chapter 5-2 will be located at the following address: PO Box 412, Laconia NH 03246, County of Belknap, State of New Hampshire. Section 1.3 - Change of Address: The designation of the county or state of Combat Veterans Motorcycle Association New Hampshire, Chapter 5-2 principal office may be changed by amendment of these bylaws. Officers of the chapter Board of Directors (BOD) may change the principal office from one location to another within the named county by noting the changed address and effective date below; such changes shall not require an amendment to these By-Laws. Section 1.4 - Other Offices: The association may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the board of directors may, from time to time, designate. ARTICLE 2: PURPOSE Section 2.1 - IRC Section 501 (c) (19): Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 is organized exclusively for charitable, religious, educational, and/or scientific purposes as specified in Section 501 (c) (19) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c) (19) of the Internal Revenue Code. Section 2.2 - Emblem and Logo: The emblem and logo used by the Combat Veterans Motorcycle Association is the sole property of CVMA. The CVMA patch and logo cannot be reproduced without license from the BOD. The emblem of the Combat Veterans Motorcycle Association is in the shape of a skull encompassed by the following colors: Red, representing the blood that has been shed on the battlefield. Military Gold, representing the many ethnic backgrounds in the Armed Forces. Black, representing the heavy hearts possessed for those who gave their lives and for those that are considered missing in action or prisoners of war. The skull and ace of spade represents the death that war leaves in its wake. Page 1 of 9 Section 2.3 – Objectives: The Combat Veterans Motorcycle Association New Hampshire State Chapter 5-2 is formed for the betterment of communication and camaraderie between other motorcycle associations, veteran’s organizations, and or motorcycle groups. a. To promote interest in various forms of motorcycle activity associated with Veterans. b. To create and maintain camaraderie among Combat Veterans from all U.S. Branches of Service and its allies. c. To support Veteran Organizations. d. To raise awareness for the plight of POWs, MIAs and their families. e. To conduct Association functions and activities in a manner befitting the members of the Combat Veterans Motorcycle Association and as well as the association's Auxiliary Members. f. To encourage a better understanding of motorcycle riders as a constructive sport among members of the public, press, and law enforcement agencies. ARTICLE 3: MEMBERSHIP Section 3.1 – Full Member: Definitions: The term "Good Standing" shall be defined as any person who has fulfilled the requirements for membership in the Combat Veterans Motorcycle Association, who is not currently under disciplinary review or probationary status for disciplinary reasons, who has paid the necessary dues and conformed to the requirements as set forth in these bylaws. Section 1 Full Member: a. Of good character. b. Who is a Veteran of a Foreign War, "Combat". c. The ONLY Acceptable proof for membership to the Combat Veterans Motorcycle Association is a copy of one's DD 214 or ERB which must be surrendered to the BOD for verification. d. Annual national dues of $20 will be assessed effective March 1, 2010 for all Full Members (Combat Veterans) and $10 for Support Members (non-combat veterans). Dues for CVMA members deployed in a war zone will be waived. Dues for all members must be received by June 30th of each year. Dues for all new members joining between January 1st and June 30th will be considered as paid in full for the balance of the current dues year and the following dues year. Dues for new members joining between July 1st and December 31st will be for the current dues year only. e. Must own and operate a Motorcycle of 500cc or above. f. Should a full member resign they will be given a 5 day grace period to rescind their resignation with no repercussions. After the 5 day grace period a member will have to re-apply for membership as a new member and will require BOD approval. g. Active members in good standing with the CVMA who become infirm, disabled or otherwise unable to ride their motorcycles will be able to keep their patch and be retired as members in good standing with the CVMA. Members must submit medical documentation and a minimum of one year as a member and/or BOD approval is required. h. Life members, if for health reasons can no longer ride can at their discretion, remain members in good standing with full voting privileges and can keep their patch. i. Life membership requirements: 3 years active in the CVMA. Member must be in good standing for all three years and minimum participation of one sanctioned CVMA event per year is required; one of which must be a National meeting. Cost for life membership is $200. If a life member quits for any reason or the member is removed from the CVMA rolls for any reason, no refunds will be made. Page 2 of 9 Section 3.2 – Auxiliary Members: a. Must be of good character. b. All Auxiliary members must be a spouse, widow or widower of a full member who is in good standing with the CVMA. c. Must support the efforts of ALL branches of the United States of Americas Armed Forces and the Combat Veterans Motorcycle Association. d. Auxiliary members have no vote in CVMA business but may participate in meeting discussions. Their opinions may be considered by voting members. e. Cannot hold a position on the BOD. f. $10.00 annual dues will be assessed by the CVMA Auxiliary Unit. Section 3.3 – Support Members: a. Must be of good character. b. Must own and operate a motorcycle of 500cc or greater. c. Maximum number of support members will not exceed 10% of total CVMA full Combat membership. d. Support members must be a veteran of the United States Armed Forces. e. Support members will read and abide by all CVMA by-laws applicable to them. Sections excluded: f. Support members are required to submit their application with proof of military service through a full member of the CVMA who has held a membership for not less than one year. Support members are required to have either ridden a minimum of 3,000 miles with their sponsor, attended three CVMA events or be known by their sponsor for a minimum of 6 months. A full member submitting an application for a support member should verify they meet the above criteria. Only 1 support member can be vouched on per year by an individual CVMA member. Support members will be at a 1 to 10 ratio, 1 support member to 10 full members based on state. g. Support members have no vote in CVMA business but may participate in meeting discussions. Their opinions may be considered by voting members. h. Cannot hold a position on the BOD. i. $10.00 annual dues will be assessed and a CVMA Support ID will be issued. j. Support members in good standing can wear a small CVMA Support Patch on the front of their vest or jacket which will be supplied by their sponsor. Support members can also wear the 10 inch support back patch which will be supplied by their sponsor. Section 3.4 - Right to Verify: By applying for membership with the Combat Veterans Motorcycle Association, you are giving the Combat Veterans Motorcycle Association and its Board of Directors the right to verify any membership application and DD 214 records. Section 3.5 – Attendance: Each member should attend a minimum of at least one (1) event hosted by the Combat Veterans Motorcycle Association per year. This can also be an event in any member's state, if prior approval is obtained by the state representative from the governing body of the Combat Veterans Motorcycle Association. It is the member’s responsibility to ensure proper documentation is provided to their State Rep to get credit for attendance of these events. Any full member who is still a member of the Armed Forces of the USA who attends the previous year’s Nationals, but cannot, because of Military deployment to a combat zone, attend the current year national meeting will be given credit for the National and will be authorized a rocker for the National patch that will read, for example, DEPLOYED 20XX. Page 3 of 9 Section 3.6 – Conduct: a. All members MUST conduct themselves in a manner that is not an embarrassment to themselves, the Combat Veterans Motorcycle Association, or the United States of America. In the event of misconduct by any member, under the by-laws of the Combat Veterans Motorcycle Association, the Board of Directors possesses the right to revoke that member's membership. Misconduct is defined as failure to abide by the by-laws of the Combat Veterans Motorcycle Association and any organization that the Combat Veterans Motorcycle Association supports. b. Bringing dishonor upon the Combat Veterans Association in action, word(s), or deeds. Always remember WE ARE NOT, NOR DO WE CLAIM TO BE, A MOTORCYCLE CLUB! WE DO NOT HAVE COLORS! We do not prospect. We do have membership fees. Section 3.7 – Members Must Possess: All full and support members must possess a valid motorcycle driver's license endorsed by their state, valid registration (in their name), and proof of insurance for their motorcycle. Section 3.8 – Back Patch: All members who wear the CVMA back patch must pay any and all required patch user fees; members must also read and sign the CVMA patch agreement. ARTICLE 4: MEMBERSHIP DUES Section 4.1 – Rates: Membership dues shall be at such rate, schedule or formula as may from time to time be prescribed by the governing body of the association and approved by the general membership. Section 4.2 – Deadlines: The governing body of the association shall determine deadlines for payment of renewal membership dues. Section 4.3 – Patch Fees: New members purchasing patches (paying usage fee) of the Combat Veterans Motorcycle Association will be done so at cost plus shipping and handling. Section 4.4 – Chapter Dues: There are currently no chapter dues. All national dues continue to go straight to national. ARTICLE 5: ELECTIONS Section 5.1 – Eligibility: All nominees for any office must be active and in good standing in the association with a minimum of one (1) full year CVMA membership. All nominees for the National BOD must be a member in good standing and have held a Chapter, State or Regional leadership position for a period of one (1) year. Retired members cannot hold a CVMA officer position. Chapter officers in newly formed chapters are excluded from the one year requirement. All elected and or appointed officers and Board of Directors must remain active members in good standing for the duration of the term while in office. Page 4 of 9 Section 5.2 – Elected Officers: Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 shall have a minimum of three and a maximum of ten officers; collectively they shall be known as the Board of Directors. Section 5.3 - Non liability of Directors: The directors shall not be personally liable for the debts, liabilities, or other obligations of the association. Section 5.4 - Indemnification by association of Directors and Officers: The directors and officers are indemnified to the fullest extent permissible under the laws of the state. Section 5.5 – Qualifications: Directors of Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 shall qualify the age or any other specific requirement that may be in force in the State of New Hampshire at any given point of time. Section 5.6 – Authority: The Board of Directors of Combat Veterans Motorcycle Association New Hampshire Chapter 52 shall conduct all activities and affairs of this association and also exercise all association powers, subject to the provisions of the laws of the State of New Hampshire, the Articles of Incorporation, and these Bylaws. Section 5.7 – Compensation: All Directors of Combat Veterans Motorcycle Association New Hampshire shall serve without compensation except for a reasonable advancement or reimbursement of expenses incurred in the performance of their duties with approval of the Board of Directors. Section 5.8 – Terms: Officers elected at the annual chapter meeting, will assume office within 30 days of the election and hold that office for 24 months or until their successors are duly qualified. Consecutive terms are permitted. There are no limits on how many terms an officer may serve. Section 5.9 – Election Cycles: a. Candidates for office MUST declare their intentions a minimum of 90 days prior to the designated election date unless the election is to fill a vacated position due to a previous election. Nominations and elections must be made at the annual chapter meeting in March of every year. The Commander and Secretary Position elections will be held on odd numbered years (for instance, 2007). The Executive Officer, Treasurer, and the Sergeant-at-Arms position elections will be held on even numbered years (for instance, 2008). b. Should any Officer resign or be removed for any reason the BOD has the authority to replace the officer and the new officer will be put up for approval by the CVMA members and nominations for the newly filled position will also be taken at this time. Should an elected officer resign from office for any reason the BOD will appoint a replacement to serve until the next election. Page 5 of 9 ARTICLE 6: MEETINGS Section 6.1 - Regular Meetings: Regular meetings of the members shall be held monthly, at a time and place designated by the chair. The members present at any properly announced meeting shall constitute a quorum. Section 6.2 – Meeting Notification: Meeting dates and locations shall be posted on the CVMA NH Chapter 5-2 website, available for all members or non-members to see. Email, phone, or person to person contact may also be used to make every effort to notify members not less than two weeks prior to each meeting. BOD meetings will not be posted on the website. Section 6.3 - Annual Meetings: Annual chapter meetings shall be held; the specific date, time, and location will be designated by the chair. At annual meetings, members shall elect directors and officers, receive reports on the activities of the association, and determine the direction of the association for the coming year. Section 6.4 - Special Meetings: Special meetings may be called by the chair, or a simple majority of the board of directors. A petition signed by five percent of voting members may also call a special meeting. Section 6.5 - Board of Director Meetings: Meetings of the Board of Directors of Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 shall be held a minimum of once per year. The Board of Directors shall decide the date, time, and venue. A BOD quorum shall consist of a majority of the Board of Directors of Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 serving office at any given time and shall not be less than one third of the number of directors in office. The Board shall not conduct any business at any meeting at which the required quorum is not present. The only motion, which the Chair shall entertain, is a motion to adjourn. Section 6.6 - Special Board of Director Meetings: Special meetings of the Board of Directors may be called by the Chairperson of the Board (Commander), Executive Officer, Secretary, or any two directors. ARTICLE 7: OFFICERS Section 7.1 - Designation of Officers: The officers of Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 shall be a President (Commander), a Vice President (Executive Officer), a Secretary, a Treasurer, and a Sergeant-at-Arms. The Board of Directors shall decide from time to time, whether to have additional officers with additional designations such as Public Relations Officer and Road Captains as required. Section 7.2 – Qualifications: The officers of Combat Veterans Motorcycle Association New Hampshire Chapter 5-2 shall qualify the age or any other specific requirement that may be in force in the State of New Hampshire at any given point of time. Page 6 of 9 Section 7.3 – Multiple Positions: No member shall hold two elective offices at the same time but may hold one elective and one or more appointive offices. Officers, elected or appointed, may be eligible to hold office in a higher body and lower body and such offices may be held concurrently. State Representative and higher may not hold any other office while in that position. ARTICLE 8: DUTIES OF OFFICERS Section 8.1 - President (Commander): The President (Commander) is the Chief Executive Officer of the State Chapter. All matters concerning relations between the organization and any outside person or organization should be routed to the President (Commander) and State Representative for appropriate action. The President (Commander) will preside over all meetings of the State Chapter; act as ex-officer member of all committees, issue the call for regular and special State Chapter Board of Directors meetings, schedule regular elections, and are sure they are held in accordance with this constitution, and carry out the directives of the State Chapter Board of Directors. The Secretary and Treasurer, both positions are accountable to the President (Commander) and allow the President (Commander) to fill these positions at his discretion, and assume all duties to office. Section 8.2 - Vice President (Executive Officer): The Vice President (Executive Officer) shall coordinate all committees, and supervise plans for all State chapter events. The Vice President (Executive Officer) shall act as an intermediary between the President (Commander) and the Members. Additionally, the Vice President (Executive Officer) is second-in-command to the President (Commander), and shall assume all responsibilities and duties of the President (Commander) or Officer in their absence, and assume all duties to office. Section 8.3 – Secretary: The Secretary is responsible for making and keeping all State Chapter records, including: the membership list, the By-Laws, Rules of Order, Standing Rules, records of all committee appointments, all written reports, copies of all correspondence between the State Chapter and any outside person or organization, and shall keep correct minutes of the proceedings of the State Chapter Board of Directors and general membership meetings. The Secretary under the direction of the President (Commander) prepares all reports and required of him, and assumes all duties to office. Section 8.4 – Treasurer: a. The Treasurer shall keep correct and complete books and records of chapter financial accounts. The Treasurer keeps all funds of the chapter. He may disburse funds to pay expenses as prescribed in the by-laws. The Treasurer will collect chapter dues (if applicable) and other forms of income owed to the chapter, make payments from the chapters funds when so ordered by the chapter, or National, Board of Directors, sign all chapter checks countersigned by the Commander. Make regular reports of the chapter’s financial status to the chapter Board of Directors, the general membership, and the National Board of Directors, and assume all duties to office. b. The chapter treasurer will submit an annual financial report to the State Representative. The State Representative will in turn submit a financial Page 7 of 9 statement to the National Treasurer. The report is due following close of the business year and not later than 15 Feb. The report must include an itemized list of any donations made to eligible groups (example Veterans homes) and any monies raised from chapter sponsored events and all donations received from sources outside CVMA. Detailed expenses for chapter operation are to be included as well. Section 8.5 - Sergeant at Arms: The Sergeant at Arms is responsible for ensuring that the By-Laws and Standing Rules of the Chapter are not violated, and that orders of the Officers are carried out in an expeditious manner. He is responsible for policing and keeping order at all Chapter events. The Sergeant at Arms is responsible for the safety and security of the Chapter. The Sergeant at Arms will maintain order during meetings, check members ID cards before each meeting, and assume all duties to office. Section 8.6 – Senior Road Captain: The Senior Road Captain is an appointed position by the President (Commander). Road Captains are responsible for all State Chapter runs. They shall research, plan, and organize all runs. During actual time on the road or at intermediate stops during a run, the Road Captain running the event shall act as ranking officer, deferring only to the President (Commander), Vice President (Executive Officer), or Senior Road Captain. The Senior Road Captain is responsible for training all other Road Captains, and shall select qualified and willing individuals to be Road Captains. All Road Captains will report to the Senior Road Captain, who in turn reports to the President (Commander) and Vice President (Executive Officer). Road Captains may solicit help for specific event tasks from the general membership as the need arises. Section 8.7 – Delegates: Delegates will be appointed by the President (Commander), but are subject to the approval of the chapter Board of Directors to represent the association at any convention, meeting, rally, or other assembly that may be deemed necessary, and all delegates are authorized to exercise only those powers specifically vested in them by the chapter Board of Directors. ARTICLE 9: ASSETS 9.1 - Distribution of Assets: Upon the dissolution of Combat Veterans Motorcycle Association New Hampshire, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501[c] [19] of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Page 8 of 9 9.2 - Private Foundation Requirements and Restrictions: In any taxable year in which Combat Veterans Motorcycle Association New Hampshire becomes a private foundation as described in Section 509(a) of the Internal Revenue Code, the association: (a). Shall distribute its income for said period at such time and manner as not to subject to tax under Section 4942 of the Internal Revenue Code. (b). Shall not engage in any act of self-dealing as defined in Section 4941 (d) of the Internal Revenue Code. (c). Shall not retain any excess business holdings as defined in Section 4943 [c] of the Internal Revenue Code. (d). Shall not make any investment in such manner as to subject the association to tax under Section 4944 of the Internal Revenue Code. (e). Shall not make any taxable expenditures as defined in Section 4945 (d) of the Internal Revenue Code. ARTICLE 10: AMENDMENTS Section 10.1– Bylaw Changes: Changes to these by-laws may be made at the annual chapter meeting only, by a twothirds vote of the members present. Approved and accepted changes and amendments take effect immediately. National By-Laws take precedence over chapter By-Laws. Revision A - Approved May 19TH 2013 Page 9 of 9