page 1 American Bikers Aimed Towards Education-VT.® ABATE of Vermont® is a not-for-profit safety, educational and charitable organization dedicated to safe motorcycle practices. It is the intention of ABATE-VT®, to represent those organizations and individuals that subscribe to our guidelines and by-laws. ABATE-VT® on the state level is represented by 3 non-paid directors, and on the district level by non-paid district director(s). All of whom are voted on at the time of elections. State level directors will serve a term of not more than one year. District level directors will serve a term one year, but may not serve more than two consecutive terms, without a break of at least one year. ABATE of Vermont® By-laws: Article I. A.This organization shall be known as ABATE-VT®. ABATE® is not a club. We do not wear nor do we fly colors. B.Discrimination based on race, color, creed, origin of nationality, or sex will not be tolerated. Article II. The officers of ABATE® shall be listed as follows: State Directors, of which there are 3, State Secretary and State Treasurer. Districts will have the following officers; District Director, Assistant Director, Secretary, and Treasurer. Article III. Duties of the State Directors. A. Preside over all state meetings. B.To supervise the affairs of ABATE®, as set forth in the guidelines. C. To oversee persons and committees assigned to special tasks. D. To represent ABATE® at functions, meetings, business contacts, and State Legislature as needed. page 2 E.To assist all officers, and handle problems in general, that may arise. F.To promote positive images to the general public, in issues of motorcycling, and safety. G. To counter sign all state checks, with the treasurer. H.The 3 State Directors will vote in order to break a tie, but all 3 must be in agreement as to how the tie breaking vote must go, and will be cast as one vote. I. Oversee and Direct State Programs. J. State Directors will be allowed to attend 3 meetings per year within the contiguous boundaries of the United States, provided said meetings are related to ABATE®, and the workings therein. K. In the event of travel, all vouchers must be turned in to the State Treasurer within 30 days, for approval and reimbursement of expenses. Expenses will be limited to travel, room, and board, cost of attendance for meeting/event. Expenses must be limited to director only. They will not cover a spouse, or significant other. L. The State Directors shall be held accountable to the District Directors and members, for all actions and deeds, that can be termed as unprofessional or detrimental to the organization. M.Review all potential membership applications for approval. Article IV. State Treasurer and Secretary will be: A.Responsible for all state records. B. Will perform all duties in a professional manner. C. Will be accountable to the State Directors. D. State Treasurer will insure that all monies are properly accounted for, with accurate records, which shall be reviewed on a semi-annual basis. E. State Secretary shall keep all minutes of all meetings, and keep an accurate accounting of all memberships that have received page 3 approval for A.B.A.T.E.® The State Secretary shall also perform other duties as directed by the State Directors. Article V. Duties of the District Director: A.District Director shall have control over all activities and functions that pertain to ABATE®, but only as they apply to the district. B. The District Director shall be accountable to the State Directors, and for all functions and activities that pertain to ABATE®. C.They will be responsible for development of interest in their region in ABATE®. D.They will develop community relations with other organizations that are like minded. These organizations are, but not restricted to the Lions, Elks, Rotary, Etc. E.Keep all lines of communications open to the other districts and the State Directors. F.Attend state functions and help as needed. G.Must own and operate a duly licensed, inspected, and insured motorcycle which must be ridden to at least one, state function per year, unless medical conditions exist, which would prohibit the safe operation of same. Duties of Assistant Director: A. Assist the District Director as needed, in the functions and well being of the organization. B.The Assistant Director will be an elected position, except in cases where it is necessary to appoint an intermediary. There can be more than one assistant, and in such cases their title will be determined by the number of votes each has received, with the first highest being name First Assistant, and so on. C.In such a case that the District Director is unable to complete a term of office, the First Assistant will assume those duties, and all those elected under him/her, shall move up to the next highest rank. page 4 D.In the event that an Assistant is not available, then the State Directors may appoint one. Duties of the District Secretary: A.Those duties and responsibilities shall be the same as the State Secretary, but only as they apply to the district. Duties of the District Treasurer: A.Those duties and responsibilities shall be the same as the State Treasurer, but only as they apply to the district. Article VI. ABATE of Vermont® Elections 1.All State and District nominations should be in by August 5, with elections over by September 30. 2.All members must be notified thirty (30) days prior to the nominations and election meeting. 3.Nominations and elections for each office will be held separately, so that an individual who is not elected to one office, may be eligible for any remaining office(s). Any candidate can be nominated for more than one office, but may not serve in more than one office. 4. Any one that runs for an office unopposed, will be voted in by a single vote cast by the State Secretary. A ballot vote in such cases will not be needed. 5.No voting by absentee ballot will be authorized. B. Terms of Office 1.Terms of office will be October 1 through September 30 of each year. At the end of each term all properties, and membership material will be turned over to the incoming officers, no later than October 15. C. Eligibility For nominations and voting. 1.All persons accepting nominations, making a nomination, and voting must be a member in good standing, within the organization. Membership must be current with dues, must be on current active list. page 5 2.Officer candidates maybe nominated by another member, or can nominate themselves. 3.Individuals may sign up at an election meeting, but will not be eligible to vote, accept a nomination, nor hold office, at any level within the organization. For a period of one year from becoming a member. 4.Individuals will be able to hold office only in the district of which they are part. The only exception to this is a State office. D.Requirements for office. 1.Must be at election meeting 2.Must be a registered voter within the organization and show proof of such. 3.Must be a member of good standing. 4. Must be of age of majority. No one under the age of majority may hold or serve in an office or position. Article VII The Constitution is subject to change, as long as parliamentary rules and procedures are followed. Any changes to the Constitution must be voted on by the Membership, at a meeting where a quorum is present. The change must be read to the body followed by a discussion of the Officers. A second reading will then be done, allowing questions from the floor. With a third and final reading, followed by a vote. Any changes must pass by a majority vote. The Membership must be notified thirty (30) days prior to said meeting. Article VIII. A.All income garnered by a district shall remain in the district for the good of the order. B.State Directors may ask for financial assistance from a district if money is needed to run state business, however state directors are encouraged to find other means of financial assistance first. C.Membership fees will be as follows: $20.00 per year for single membership, $25.00 per year for a couple,$15.00 per year for an associate member, $20.00 for a member at large. Of this the state page 6 will receive $10.00 for each single application, and $15.00for each couple application. Applications to be reviewed by the State Directors prior to acceptance. Anyone found not eligible will recieve a refund of dues, minus five ($5.00) dollars for a processing fee. D.In the event that this organization should fail, all monies and properties within the districts shall be turned over to the State, for dispersal among other charitable organizations that are listed as 501-C3. In the event that a district should fail all monies and properties shall be turned over for the good of the State. A vote shall be taken by the State Directors and District Directors as to what organization(s) shall be the beneficiaries, and to what extent. Organization Identification: A. ABATE® is NOT a club! Back patches will not be authorized for wear. B.Membership cards, T-shirts, State patch, and other products are encouraged for ABATE® identification. C.Club membership is encouraged in ABATE®, but we will remain an independent organization, in order to better serve the motorcycling community. ABATE functions: A. When the ABATE® name is used, prior approval must be received from the State Directors, for functions and advertisement. B.Districts must use their own funds for events, functions, etc. C.Charity events do not need prior approval from the State, but must have the District Directors approval, or a majority of the District Board must approve. D.Alcohol and alcoholic beverages will not be sold or supplied by members of ABATE-VT®, unless they are properly licensed and insured to do so. At no time will illegal substance abuse be condoned, at any ABATE-VT® function. The person in violation will be asked to leave the event. If said offender does not willing leave, then an Officer of ABATE-VT®, will have said offender removed per Robert’s Rules of Order. Withdrawal or removal from office: page 7 A.Any elected or appointed officer that resigns from an office, shall upon notification, return all ABATE® items to the State Directors or District Director. B.Any Officer in noncompliance of their office can be suspended for a period of thirty (30) days, during which time an investigation will be conducted. A convening board made up of State Directors and District Directors will then hear the case brought to them, and make a final decision as to whether a permanent dismissal is warranted. If an officer is removed this does not mean an automatic revocation of membership in the organization. That is a separate issue, but one that could be heard in conjunction with the original hearing. Suspension of Members and or Expulsion: A.Any member can be suspended or removed from the organization, for conduct unbecoming a member. A warning letter would first be sent to the member, before any further procedures would occur. B.Official charges would have to made in writing as to why the person in question should be suspended or expelled. These charges would then be forwarded to the State Director(s) for review. C.Final action taken by the State Directors can be one of the following: 1. No action taken. 2. A hearing can be held, at which time the person under question will be allowed to present their side of the issue, and or witnesses. 3. An immediate revocation of membership without due process for the good of the organization. (This last would be used only in cases where the continuance of said person would clearly be detrimental to the organization.) Article IX. Guests and or prospective members must be accompanied by a member in good standing, to any ABATE® District meeting, or State meeting. Members will inform the appropriate officer that a guest is in attendance, and will introduce said guest to the body, prior to any business being conducted. Guests will be welcomed to the meeting by the Presiding Officer. Guest will be escorted by the introducing member, and if a closed meeting is announced, page 8 then the guest must be escorted out of the meeting by said member. Article X. Alcohol and all other illegal substances will not be allowed within the confines of a State or District meeting. If a member or guest introduces said items at a meeting, that person(s) shall be asked to leave. If said member or guest refuses to leave, then the officer presiding over the meeting shall: 1.Have said individual removed per Robert’s Rules of Order. 2.Will notify the State Directors of the incident. 3.Said member will be placed on immediate suspension, with a suspension of all rights and privileges, granted by the organization. The offending guest will be barred from any further ABATE functions, with an insuing letter of explanation. 4.Said member will be given the option of voluntary resignation, or may request a hearing before the State Directors within thirty (30) days of the incident in writing. If said member(s) chooses to do nothing, then an automatic revocation of membership will be issued, without benefit of appeal. Article XI. Rides and Events. Waivers will be signed by all participants in an ABATE-VT. ride or event. Participants will certify by signing said waiver that their motorcycle or vehicle, is dully registered, licensed, inspected, and insured. ABATE-VT® nor any officer of the State or District will assume any responsibility, nor be held accountable for the misdeeds of a participant, or falsification of the waiver. Operators of said vehicles will assume all liability and costs, arising out of there own negligence. Article XII The founders of this organization will recieve life time memberships, within this organization, and upon leaving office will remain as Directors in Meritus. Founders will fill a state page 9 office or position, in the event that the current elected official is unable or unwilling to do so, until such time as an election can be held to fill said position. In the event that an originating Founder is unable to fill in, then this duty will fall upon one of the last outgoing State Directors. Article XIII. This Constitution and it’s by-laws have been reviewed and accepted by the founding members of the State Board of ABATE-VT®. This document has been signed by: Paul A. Butler, State Director, CO-Founder _______________________________ Karen Rhodes, State Director, CO-Founder _______________________________ Todd L. Butler, State Director, CO-Founder ______________________________ Signed on September ___________________