BROTHERS IN BLUE MOTORCYCLE CLUB CONSTITUTION AND BY-LAWS
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2 BROTHERS IN BLUE MOTORCYCLE CLUB CONSTITUTION AND BY-LAWS ARTICLE 1: NAME AND ORGANIZATIONAL EMBLEM SECTION A: NAME The organization shall be known as the BROTHERS IN BLUE MOTORCYCLE CLUB. (Referred to here-in-after as BIBMC) SECTION B: ORGANIZATIONAL EMBLEM (a) The organizational emblem is the BIBMC logo (a registered trademark) as it is shown below. (b) The club crest (center patch) consist of a skull figure in a black trench coat with a five point silver star and black mourning band carrying a pump shotgun and holding a dagger with the scales of justice. (c) The center patch shall be referred to here in after as Casper in honor of Casper Lauer the first Chicago Police Officer killed in the line of duty. SECTION C: RIGHTS TO NAME AND MARKS. (a) The name Brothers In Blue Motorcycle Club (See Article-1 Section-A & B above) and its patches, colors, and insignia are the sole property of David Perez. Any unauthorized use or reproduction without express written consent of David Perez is strictly prohibited. (b) The club patches (colors) cannot be sold or transferred to anyoune else. (c) The BIBMC and its authorized members shall have the exclusive right to the name BROTHERS IN BLUE MOTORCYCLE CLUB and the initials BIBMC. (d) The BIBMC shall retain the exclusive right to use or allow to be used, the emblems, seals, or any other items incorporating the words BROTHERS IN BLUE MOTORCYCLE CLUB and BIBMC.
3 (e) Any use of BIBMC or its images shall be approved by the Executive Board of Directors prior to their use. (f) The Executive Board of Directors will approve any and all items bearing the BIBMC seal, and/or emblem for use. (g) Unauthorized use of the above mentioned shall be cause for suspension, removal, or termination of any and all offending members. (h) The Executive Board of Directors shall penalize any violations of this rule by a letter of warning, which will include the reasons for violation. (i) The letter will include the location, date, the identity of the violator, and a description of the item in violation. (j) A copy of the letter shall be forwarded to the chapter Officers of the violating members chapter. (k) The Executive Board of Directors will convene to discuss action against the violating member/s. ARTICLE 2: HISTORY The BROTHERS IN BLUE MOTORCYCLE CLUB was founded by David Grumpy Perez, Arturo Cali Hernandez, Noel Tito Perez and David Oreo Shaffer on December 10, 2005 In Chicago, Illinois. The BROTHERS IN BLUE MOTORCYCLE CLUB was formed to better suit Emergency Services Personnel who share a common interest in motorcycles and would better suit our objectives. ARTICLE 3: CLUB PRINCIPLES (a) Members will above all, abide by and uphold the basic club principles of honor, truth, respect, support, loyalty, commitment and charity. (b) We are an independent, nonprofit organization and all proceeds will be utilized for donations to charities and the operation of the organization. (c) Our goal is to increase camaraderie between First Responders, current or retired L/E, Firefighters, EMS personnel and U.S. Military personnel. (d) Members will remember that we are professionals and act within the guidelines of our departments and all club by-laws. ARTICLE 4: SECURE ARTICLES Members may not propose to amend, revise or abolish the following articles and/or sections as they have no bearing on day to day club business. *Article 1: NAME AND ORGANIZATIONAL EMBLEM Section A: NAME Section B: ORGANIZATIONAL EMBLEM (a),(b),(c) *ARTICLE 3: CLUB PRINCIPLES *ARTICLE 4: SECURE ARTICLES *ARTICLE 5: MEMBERSHIP Section A: INDIVIDUAL MEMBERSHIP (a),(b),(c),(g),(i),(j),(p)
4 Section B: New Prospect Requirement (e) ARTICLE 5: MEMBERSHIP SECTION A: INDIVIDUAL MEMBERSHIP (a) Membership Requirements: Full Time active or retired Peace Officers, Corrections Officers, Firefighters, EMS or active/retired U.S. Military personnel. (b) Members cannot belong to any other M/C. (c) Members must own and be licensed to operate a properly insured motorcycle. (d) Members can own and ride any make of motorcycle with 750cc s or higher. (e) Members must attend (5) meetings and participate in (2) rides per year. (f) The membership year shall be (12) calendar months. (g) Individuals MUST surrender their colors (club insignia) at time of separation. (h) Active U.S. military personnel must acquire sponsorship from (2) active members in good standing from a local chapter in which they are applying to. (i) U.S. military personnel must supply a copy of his military DD form 214 along with the application. (j) The individual must maintain sponsorship throughout the length of their membership. (k) Active members may only sponsor (1) individual for membership. (l) Should a sponsor resign, or fall from good standing the active U.S. military member must obtain new sponsorship from a currently active member. (m) Should the individual be unable to obtain new sponsorship he may request in writing that the Executive Board of Directors consider an exception to the rule. (n) U.S. military personnel may request in writing that the Executive Board of Directors consider allowing a member in good standing no longer need a sponsor after (5) consecutive years of membership and/or retirement. (o) An individual chapter will ensure the stability of the organization in the community by maintaining a 1 to 5 ratio of U.S. military personnel to local L/E officers, Fire Dept personnel or EMS membership. (p) Final approval for membership regarding U.S. military personnel to be decided by the Executive Board of Directors. (q) Each individual chapter will be required to send notification annually by January 5th to the Executive Board of Directors the current U.S. military personnel s info and continued compliance with Article 5 / Section A. SECTION B: NEW PROSPECT REQUIREMENT: (a) Full Time active or retired Peace Officer, Corrections Officer, Firefighter, EMS or active/retired U.S. Military personnel. (b) Must own and ride any motorcycle with 750cc s or higher with proper insurance. (c) Prospect must receive a unanimous vote for membership from active members. (d) There is no minimum length of time but a maximum of a (6) month assessment period for a new prospect. (e) Prospect must sign official club application for membership indicating that they (prospect) agree to abide by and maintain the integrity of the BIBMC constitution and bylaws. (f) Upon being considered for membership an applicant will be required to provide the organization with his personal information for the purpose of the Executive Board of Directors to conduct a background investigation. This is necessary to protect the integrity of the BIBMC and the members being Emergency Services Personnel.
5 SECTION C: CHARTER MEMBERSHIP (a) A Charter Chapter is one that has been approved by the Executive Board of directors. (b) New chapter must have a minimum of (4) applicants. (c) All Chapters shall sign a document indicating they agree to abide by and maintain the integrity of the BIBMC Constitution and Bylaws and the trademark agreement. (d) All Chapters will require all members to obey all Local, State and Federal laws. (e) Each chapter operates under the BIBMC Executive Board of Directors. (f) Each new chapter operates independentely from all other local chapters of the BIBMC while still bound by the BIBMC Constitution and Bylaws. (g) Each local chapter is responsible for its own actions and conduct and is liable for any and all of their activities. (h) The new chapter will have a (6) month probationary period. (i) During the (6) month probationary period the chapter will not be allowed to accept any new prospects. ARTICLE 6: MEMBERS IN OFFICE SECTION A: EXECUTIVE BOARD OF DIRECTORS There will also be a governing body (Executive Board of Directors) that consists of (5) Chairmen from the Mother Chapter. The members of the Executive Board of Directors will consists of (3) of the founding fathers, (1) Member unanimously elected annually by the founders,(1) active member in good standing elected annually by majority vote of membership. SECTION A (1) DUTIES OF EXECUTIVE BOARD OF DIRECTORS (a) Approve and authorize the formation of all new charter chapters of the BROTHERS IN BLUE Motorcycle Club. This will also apply to countries outside North America. (b) Approve and authorize new membership along with the Chapter Officers of that Chapter. (c) Report approval of new charter chapters to the active membership of the Mother Chapter. (d) Make an announcement of a new charter chapter to all other BIBMC chapters. (e) Make an announcement of new membership to all other BIBMC chapters. (f) Procure and distribute BIBMC colors to be worn on the back of the members vests. (g) Approve and authorize all documents (fliers) and clothing items that display the BIBMC logo and/or items displaying any and all items that are fashioned in such a way as to resemble BIBMC members Colors. (h) Provide a Brothers In Blue Motorcycle Club Chapter records book to all Charter Chapters. This records book will include, but is not limited to, the Club History and Goals, BIBMC Constitution and Bylaws, an example of a Chapter Operating Policy, US trademark agreements, group riding waiver. (i) Provide prospective Membership Application form, New Charter Chapter Application form. (j) Revoke or suspend any Brothers In Blue Motorcycle Club Charter Chapter that fails to maintain the integrity of the BIBMC Constitution and Bylaws. (k) Maintain a roster of all Chapters Officers and all BIBMC membership. (l) Maintain the club website. The website shall include a link to each chapter.
6 (m) Procure and distribute BIBMC belt buckles, chapter pins (replica colors) any and all patches displaying club logo. SECTION B: CHAPTER OFFICERS The Chapter Officers shall consist of a President, Vice President, Secretary, Treasurer, and Sgt-At-Arms. SECTION B (1) DUTIES OF THE PRESIDENT: (a) Preside over club meetings, functions and activities not being led by an Event Officer. (b) See to the enforcement of the objectives and purpose of this organization. (c) Coordinate, direct, and manage the business functions and activities of the chapter as required to ensure continuity and success of club and the club objectives. (d) Maintain order and require strict compliance with the BIBMC Constitution and Bylaws. (e) The President shall inform the Vice President when the President is unable to preside over any club meeting, function or activity. SECTION B (2) DUTIES OF THE VICE PRESIDENT: (a) To perform the duties of the President in case of absence or inability of the latter. (b) Serve as the Activities Coordinator in scheduling, planning, and ensuring proper arrangements are made for all club-sponsored activities and events. (c) As necessary performs other duties which may be assigned by the President. SECTION B (3) DUTIES OF THE TREASURER: (a) Maintain an up-to-date membership list available upon request by any member of the Executive Board of Directors. (b) Coordinate reimbursement expenditures through the Executive Board of Directors. (c) Receive, record, and report all monies or property donated to, paid to, or owned by the chapter to the Executive Board of Directors. (d) Keep an account of all receipts and disbursements so that a statement of the financial condition of the chapter is available upon request by the officers or general membership. SECTION B (4) DUTIES OF THE SECRETARY: (a) Maintain all books, documents, papers, and records of his chapter not otherwise entrusted, temporarily or permanently to other officers or to standing or special committees. (b) Transcribe all minutes of his chapter and his Chapters Officers meetings, and submit them for approval or amendment at the next chapter meeting. (c) Maintain a roster of all his Charter Chapter members. (d) When so required, will conduct the general correspondence of his chapter. (e) Perform such other duties as may be prescribed by his chapter Officers. (f) Provide to the Executive Board of Directors a list of his chapter membership, phone numbers and addresses.
7 SECTION B (5) DUTIES OF THE SGT-AT-ARMS: (a) Shall ensure that all By-Laws are followed and all orders and directives of the Chapter President, Vice President and the Executive Board of Directors are carried out as intended. (b) Shall maintain strict compliance with these articles and orders by the chapter. (c) Shall maintain order and dignity during all Chapter meetings. (d) Shall be responsible for enforcing club discipline as directed by the Chapter President, Vice President and/or Executive Board of Directors. (e) Shall be responsible for securing patches, colors and all Club property from his chapters members who resign, or who are expelled from the Club for just cause. (f) Shall ensure that all new prospects attend BIBMC meetings, functions and are in compliance with club bylaws. (g) Shall continually maintain an awareness of real or perceived threats or safety issues affecting the Club and its members and immediately report said threat or safety issue to the Chapter Officers. (h) Shall execute all other assignments as directed by the President, Vice President or his designee. SECTION C: APPOINTED POSITION The Appointed Positions shall consists of Road Captain(s) and 1-2 Advisor(s) SECTION C (1) DUTIES OF ROAD CAPTAIN: (a) Lead smaller groups on large group rides. (b) Keep formation in parade routes. (c) Enforce group riding rules for all rides. (d) Assist with planning all tours, runs, and related activities sponsored by the BIBMC. (e) Assist at parties and other functions sponsored by the BIBMC. SECTION C (2) DUTIES OF ADVISOR(s) (a) As necessary performs duties which may be assigned by the President or Vice President. ARTICLE 7: TRUSTEES (a) Trustees will only consist of members who have previously served as the founding President and Vice President of their charter. (b) A trustee must be an active member in good standing and will hold a lifetime appointment in their chapter. (c) A trustee will relinquish his status should he transfer to a different chapter. (d) A trustee cannot hold any current/simultaneous position as a chapter officer. (e) The trustees will assist in the daily functions of their chapter in accordance with the club by-laws.
8 (f) When deemed necessary by the Executive Board of Directors the trustees will assist in matters concerning general supervision over the interest and affairs of their chapter. (g) Trustees will operate within the guidelines of the BIBMC by-laws ARTICLE 8: ELECTIONS (a) An election shall be held at the formal meeting in December. (b) The Secretary shall invite nominations for each of the five (5) offices at the October meeting. (c) Any active member in good standing may nominate another active member in good standing for an office by contacting the Secretary. (d) The Secretary shall then determine if the nominee is eligible to serve under the conditions set forth in these by-laws. (e) If the nominee is eligible, the Secretary shall contact the nominee and determine if he is willing to serve. (f) The nominee s name will be announced at the November and December meeting. (g) An election shall take place at the December general meeting. Those receiving the highest number of votes shall be elected for the following year. (h) Terms in office will run from January thru December of the current year. (i) The results of the election shall be announced by the Secretary after the December general meeting and forwarded to the Executive Board of Directors. ARTICLE 9: VACANCY (a) Any vacancy of the Chapters Officers can be filled at any time by a majority vote of active members of that Chapter in good standing. (b) Once the majority vote has been recognized the new member will be officially named as a Chapter Officer. (c) The Executive Board of Directors will then be notified of the new appointment. ARTICLE 10: MEETINGS There shall be two types of meetings: General meetings and Board meetings. SECTION (1): GENERAL MEETINGS (a) A General Meeting shall be held once each month at a place and time to be determined by the membership. (b) The members shall determine at each general meeting the date, time, and location of the succeeding month s meeting and this information shall be reported in the Members Only page of the official BIBMC club website. (c) Two-thirds of the Members are a quorum and business can be conducted as scheduled. (d) A majority vote of all active members present, and voting, shall be required for passage of all business resolutions. (e) There shall be no proxy votes unless prior arrangements have been made through the Chapters Officers.
9 SECTION (2): BOARD MEETINGS (a) Board Meetings shall be held when deemed necessary by any Chairman of the Executive Board of Directors. (b) The Executive Board of Directors shall constitute a quorum and business can be conducted as needed. (c) A majority vote of the Executive Board of Directors shall be required for passage of all business resolutions, and there shall be no proxy votes. (d) The Executive Board of Directors shall keep books and records of account and minutes of the proceedings. (e) The Executive Board of Directors shall make the records and accounts available upon request by the Officers or General membership. ARTICLE 11: RESIGNATION (a) Any club member may resign at any time by presenting written notice of such resignation to the Executive Board of Directors and the Chapters Officers. (b) Upon resignation all BIBMC property (patches) shall be returned immediately. ARTICLE 12: NOTIFICATION OF VIOLATION Membership in the club has certain rights and responsibilities. Active membership is maintained by paying annual dues and complying with club rules and by-laws. 1st Notification - Verbal 2nd Notification - Written 3rd Notification - Chapter Officers Discretion Final Notification - Executive Boards of Directors Discretion -1st notification can be given by any Club or Chapter Officer. -2nd notification will be written by any Club or Chapter Officer. -3rd notification will be majority vote by Chapter Officers, their judgment will determine course of action. -Final notification of willful violation within a twelve month period, the Executive Board of Directors, by a majority vote, shall use its judgment to determine whether the violator will have their membership revoked. ARTICLE 13: OFFICER REMOVAL (a) BIBMC Chapter Officer/s may be removed from office for cause with due process, as necessary, by request of the two-thirds of the active membership in the form of a signed petition. (b) BIBMC Executive Board of Directors (Member/s) may be removed from office for cause with due process, as necessary, by request of the two-thirds of the Chapter Presidents in the form of a signed petition.
10 ARTICLE 14: EXPULSION SECTION 1: EXPULSION OF A MEMBER (a) Any member may be expelled for conduct unbecoming a member of the BIBMC. (b) For a member to be expelled, charges must first be made in writing and submitted to the Chapter Officers. (c) The Chapter Officers will have a meeting about the allegations. (d) If the allegations can be substantiated the accused member will be notified by the Chapter President in writing. (e) The accused member will have (30) thirty days to contest the accusations. (f) The accused member will not be allowed to attend the next general meeting, a 2/3 vote of the Chapter members present will be required to expel the member. (g) The expelled member will have (30) days to appeal the decision in writing to the Executive Board of Directors. (h) The Executive Board of Directors will have a meeting to discuss the appeal. (i) The expelled member will be notified in writing of the final decision within (30) days of the meeting. SECTION 2: EXPULSION OF A CHAPTER (a) Any member who alleges that a chapter is conducting itself in a manner that conflicts with the Brothers In Blue MC Constitution and Bylaws must send substantiated proof of such allegations to the Executive Board of Directors. (b) The Executive Board of Directors will have a meeting regarding the allegations. (c) The allegations will be provided to the chapter in question by means of a written notification in a certified letter with return receipt. The accused chapter will have (30) thirty days to contest the accusations. (d) If the allegations cannot be substantiated, a letter will be sent to the accused chapter President informing him of the allegations and that they cannot be substantiated. (e) If the allegations can be substantiated, a 2/3 vote of the Mother Chapter members present at a general meeting are required to expel a chapter. (f) If the Mother Chapter decides to expel a chapter, written notification by means of a certified letter with return receipt will be sent to the President and chapter officers of the expelled chapter indicating expulsion and the rationale thereof. (g) No member from that chapter may transfer during the time of the allegations to another chapter to escape the pending decision of the Mother Chapter. (h) When formal expulsion from the BIBMC is mandated, the expelled chapter will: (1) Cease and desist from the BIBMC. (2) Forfeit their colors, patches and any BIBMC property to the Mother Chapter within (30) thirty days of expulsion notification. (3) Will have no right, title, interest or claim in any assets of the BIBMC. (4) Relinquish any rights to a refund of fees or contributions by the expelled chapter to the Mother Chapter. (5) Dispose of all assets to a charitable organization. The charitable organization must be recognized as exempt from Federal taxes under Internal Revenue Service. (6) If the expelled chapter President fails to comply with the request to return any and all property owned by the Mother Chapter within (30) thirty days, a Chairman of the Executive Board of Directors will file a criminal complaint with the police agency of the expelled chapters location against the president and/or its general membership.
11 (i) The Executive Board of Directors will notify all BIBMC chapters of the expulsion. ARTICLE 15: DISSOLUTION OF A CHAPTER (a) If the membership of a local chapter decide to disband, the members still remain individual members of the BIBMC. (b) In the event of a Dissolution of a local chapter an individual member/s can request in writing to transfer to another chapter of the BIBMC. (c) The request must be made to the Executive Board of Directors and the Chapter Officers of the new chapter. (d) The Executive Board of Directors will discuss the request with the Chapter Officers. (e) The member will be notified in writing of the final decision within (30) days of the meeting. ARTICLE 16: OFFICIAL CLUB PATCHES (COLORS) (a) The club logo will be worn on a leather vest. (b) 1 set of patches (colors) will be issued to each member. (c) The front of vest will display BROTHERS IN BLUE patch w/members nickname on left side of vest. Nickname must be stitched in white block lettering. (d) The back of vest will ONLY display club logo. (e) The logo consist of top rocker (BROTHERS IN BLUE), bottom rocker (STATE-the chapter resides in), center crest(casper), and small patch (MC) to be worn at right side of logo near the scales of justice. (f) All members will wear the BIBMC colors at all club rides. ARTICLE 17: COMPENSATION (a) Members will not receive any monetary compensation for their services as a Club Officer. (b) Members may be reimbursed for expenses accrued as a result of attendance at BIBMC meetings/business regarding out of state Chapters, will be allowed only after a majority rules vote by the Executive Board of Directors. (c) Members may be reimbursed for expenses accrued as a result of conducting official chapter business, will be allowed only after a majority vote by the membership. ARTICLE 18: DUES (a) All new members shall be assessed a (non-refundable) fee of $150.dollars to be paid to the Executive Board of Directors upon being accepted into the BIBMC. (b) Members are required to pay (non-refundable) dues of $120. per year to their chapter.
12 (c) Individual Chapters (as a whole) will be assessed a (non-refundable) fee annually to be paid to the Executive Board of Directors according to the number of members. (1) 1-5 will be $150. (2) 6-10 will be $200. (3) will be $250. (4) will be $300. (5) will be $350. (6) will be $400. (7) 31- UP will be $450. (d) The annual Chapter Fee will cover the costs of new patches, attorney fees, web design fees, link fees, new merchandise designs, guestbook fees, new member nickname patchwork cost, shipping fees to other chapters, portion of cost for annual meeting, future donations to individual BIBMC chapters on behalf of the organization ( i.e. benefit for a member) (e) Each Individual chapter will be responsible for providing proof of at least one donation per year to a charity of their choice. ARTICLE 19: AMMENDMENTS TO THE BY-LAWS (a) The Executive Board of Directors along with the Chapter Presidents of each BIBMC Chapter shall be able to make, alter, amend, or repeal any by-laws of the BIBMC by a majority vote. (b) Amendments may be proposed by any Active Member and must be submitted to the membership through an officer, in writing, at least thirty (30) days before a vote. (c) Any such amendment will then be submitted to the membership of the BIBMC immediately. ARTICLE 20: RULES OF ORDER (a) The rules contained in the current edition of Roberts Rules Of Order Newly Revised shall govern the association in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the club may adopt. ARTICLE 21: PURCHASES (a) All BIBMC purchases must be voted on and accepted by active members and Chapter Officers. (b) A tie vote will be decided by the Executive Board of Directors. (c) Any check issued must include the signatures of both the Treasurer and President. (d) If a transaction is performed in cash, the ledger transaction must show the signatures of both the Treasurer and President. ARTICLE 22: GUIDELINES FOR CHARITABLE GRANTS The BIBMC will have several different methods of fundraising events.
13 (a) This may include but shall not be limited to: Motorcycle Runs, sales of items/services. (b) Donations collected by these fundraising events will be dispersed to other charities, private foundations, accounts established for families where tragedy has stricken and families or individuals where medical and/or therapeutic needs have arisen. (c) Decisions regarding recipients of charitable donations will be made by a majority vote of the active members of a Chapter. ARTICLE 23: WEBSITE (a) The chapter Webmaster is charged with the responsibility of maintaining the club s website. This includes but is not inclusive to: 1) posting information; 2) removing outof-date information; and 3) posting membership news. (b) Each individual chapter will update their web pages and keep the information current. (c) Each individual chapter s site must be linked to the organizations main web site. (d) All web sites must be approved and conform to the guidelines set forth by the Executive Board of Directors. ARTICLE 24: NATIONAL MEETING (a) National Meeting (run) will be held annually during the month of June unless otherwise specified by the Executive Board of Directors. (b) Each individual chapter will be required to have a minimum of (2) representatives in attendance. (c) The location and exact dates of the event will be determined by a majority vote of the Executive Board of Directors along with the Chapter Presidents. ARTICLE 25: CODE OF CONDUCT **As members of the BIBMC we shall ALWAYS conduct ourselves as professionals to portray a positive image of First Responders. The BIBMC Constitution and Bylaws shall govern the conduct of each BROTHERS IN BLUE MC Chapter.** (a) Members shall NOT associate with any 1% club. (b) Members shall NOT associate with any individual/s involved in criminal activity. (c) General behavior will be respectful at all times. (d) We will NEVER disrespect any member, members significant other, or any other MC and its members. (e) If a problem arises, direct it to the Sgt-At-Arms and an Officer of the Chapter. (f) Drinking alcohol will not be permitted while on a ride. (g) Public intoxication will not be permitted. (h) Riding while under the influence of alcohol or drugs is not permitted. (i) Reckless riding will not be tolerated. (j) Members must be safety conscious. (k) Members must ride safely and defensively. (l) Members must obey all local motor vehicle laws. (m) Members must obey all local, state, and federal laws.
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