ABATE of Michigan Inc. By-Laws
By-laws as Instituted 1976, Amended 2011
Printable Version here

Article I.  Name

This organization shall be known as ABATE of Michigan, Inc.

Article II.  Form of Organization

This organization shall be a Michigan Non-Profit, Non-Stock, Corporation.

Article III.  Purpose

To protect, defend and assert the rights and freedoms of motorcycle riders and organizations through peaceful, non-violent democratic means. It is the intent of the organization to qualify for tax exempt status under the appropriate section of Title 501(C) 4 of the Internal Revenue Code. If the Organization should dissolve, the remaining members of the Board of Directors at the time of dissolution shall distribute all assets, real and personal property of the Organization to an organization that holds Title 501 (C) 4 non-profit status of the Internal Revenue Code and that also conforms with the original purpose of the Organization as stated in the By-laws.

Article IV.  Membership

A.   The membership shall be open upon application to anyone of the age of 18 years or more who shall subscribe to the purposes of this organization.

B.   All membership rights, obligations and liabilities shall be equal. There shall be no separate classes of membership except as provided herein.

C.   Each incoming member shall pay the yearly membership dues upon application before being admitted to the organization.

D.  The yearly membership fee shall be $20 for a single person and $35 for a couple, living at the same address. Only one newsletter shall be mailed to a single address. Dues shall be non-refundable.

E.   1. Life membership for a single person shall be 15 times the annual membership dues of a full paying member.

      2. Life membership for a couple living at the same address shall be 15 times the annual membership fee for a couple.

F.   Life Membership Award: A member is awarded life membership for outstanding contribution to the organization. It also entitles the recipient to a free entry to all ABATE activities with the option of working the event. The criteria needed to qualify for such a membership is as follows:

1. The member shall have been a member for ten years.

2. The member must have made an outstanding contribution to the organization.

3. The member must be nominated by a majority of the Board and approved at the

    Annual Meeting.

4. Board members that serve five years or more shall be given five years free

    membership.

G.   Voting rights: Each member shall be entitled to one vote upon any matter duly brought up for a vote to the membership of the organization. No proxy votes or absentee votes allowed. All new members voting rights shall take effect 30 days after their application has been received and recorded by the Secretary of the organization. In order to verify voting eligibility, 30 days prior to the annual meeting and elections, the Secretary will run a current membership roster. This roster will be the official voting verification list.

H.   Expulsion: Any member shall be expelled for the following reasons:

1. Non payment of dues

2. The conviction of a felony committed during the course of the organizations'

     activities.

3. Failure to follow any reasonable rules and regulations promulgated by the

    organization for any of the activities promoted by the organization.

4. The commission of any act that does not uphold the purposes of the organization.

5. Any member accused of violating sub-sections 2, 3, or 4 above shall be notified by  certified mail and shall be entitled to a hearing before the Board of Directors within 30 days of notification upon, request. A majority vote of a quorum at the Board of Directors meeting shall be necessary to confirm the expulsion.

Article V.  Board of Directors

A.   The Board of Directors shall be the chief governing body of the organization.

1. The Board of Directors of the organization shall consist of not more than 30 members nor less than 3 members, to be elected by the organization.

2. Committee chairman shall be a member of the Board of Directors.

3. A vacancy on the Board of Directors may be filled by a Trustee appointed by a quorum of the existing Board of Directors. The Trustee shall act as a member of the Board until his/her appointment is ratified or he/she is replaced by an election, by the full membership, at the Annual Meeting.

Article VI.  Officers

A.   The officers of the organization shall consist of the President, Vice President, Secretary,

      Treasurer, Operations Officer and Legislative Officer. No member of the board of directors shall hold more than one officer’s position unless the board of directors is less than 11 members.

B.   The function and duties of these officers shall consist of:

1. President

a.  To preside over all Board and general membership meetings

b.  To enter into all business contracts and negotiations concerning the

     organization subject to the approval of the Board of Directors.

c.  To appoint necessary committee chairman, subject to the approval

     of the Board of Directors.

d.  Tie-breaker, no vote except in the case of a tie vote.

e.  To help develop a budget for the succeeding year which will be

     presented to the Board for approval.

2. Vice President

a.  To assume the duties of the President in his/her absence.

b.  To be a non voting member of each committee and to insure the

     functioning and performance of each committee.

c.  To help develop a budget for the succeeding year which will be

     presented to the Board for approval.

3. Secretary

a.  To maintain all of the organizations' business and records.

b.  To collect and disperse all correspondence to the proper channels.

c.  To process all applications for membership within 60 days of

     Secretaries' receipt of the application.

d.  To record minutes of Board Meetings and send to the Board of

     Director members and Regional Coordinators before the next meeting.

e.  A secretary report shall be required and given at each regularly

     scheduled meeting of the Board of Directors and the annual meeting.

4. Treasurer

a.  Signatures of any two of the following officers to appear on all

     checks: President, Vice President or Treasurer.

b.  The Treasurer shall maintain and update all financial records of the

     organization.

c.  A financial report shall be required to be given at each regular

     scheduled meeting of the Board of Directors and at the annual

     meeting.

d.  The Treasurer shall be responsible for the collection of all dues and other

     moneys received by the organization.

e.  To help develop a budget for the succeeding year which will be presented

     to the Board for approval.

f.   The Treasurer shall be responsible for the compiling and publicizing of a

     quarterly financial report. 

5. Operations Officer

a.   To.act as a go-between for the Board and Regions.

b.   To use the Regional Coordinators to disseminate information and

      coordinate legislative actions (including lobbying) and state events and

      to develop and maintain a Regional Coordinator Handbook.

c.   To be responsible for security at all state sponsored events.

d.   To appoint yearly, subject to the approval of the Board, an individual to

      serve as Sergeant at Arms for ABATE of Michigan, whose responsibilities

      will include the following, under the supervision and direction of the

      Operations Officer.

1.  Security operations at all State-wide, Region-wide activities

     sponsored by ABATE of Michigan, including the Annual Field Meet,

     Helmet Protest, etc.

2.  Direction and assistance to a per region appointed Sergeant at

     Arms or such designated individual responsible for security, when

     said region sponsors an event where there will be attendance by a

     substantial number of persons, which may include non ABATE

     members, such as "parties", "runs", "toy runs", etc.

3.  To provide escort and security on an as needed basis for the

     Treasurer, other executive officer or designated individual when

      situations may require such escort or security.

6. Legislative Officer

a.   To chair over the legislative committee.

b.   To assist and work with operations in region RC, AC and LO meetings.

c.   To monitor motorcycle related legislation.

d.   To present proposed laws and amendments, pertaining to motorcycles, to

      the board for a vote.

C. Election of Officers.

1. The officers shall be nominated and elected by a majority vote of those Board

     members present and voting at the first scheduled meeting of the Board of

     Directors following it's election each year.

2.  In order to be nominated for office, the officer first shall be a duly elected member

     of the Board of Directors.

D. Term of Office

1. The term of office shall run concurrently with the term of the Board of Directors

     that elected them.

E.  Newsletter Editor

1.  The Board of Directors may appoint any member in good standing to the position

      of Newsletter Editor.

2.   The function and duties of this position shall be as follows:

a. To publish a minimum of eight newsletters per year.

b. The Newsletter Editor shall ultimately be responsible for the typesetting,

     assembly and distribution of the newsletter.

c.  The Newsletter Editor shall be subject to a quarterly review by the Board of

     Directors.

d.  Payment of further compensation and continuation of appointed position

     shall be based on this review.

F.  Purchasing Agent

1.  The board may appoint any member in good standing to the position of

      Purchasing Agent.

2.  The function and duties of this position shall be as follows:

a.  To supervise the acquisition of all the organization's materials and supplies

      for resale and distribution

b.   Maintain an accurate inventory of the state organization products for

      resale

c.   A state products inventory report shall be given annually.

Article VII.  Election (Board Members)

A.   Nomination Procedures

              1.  All members are eligible for nomination

              2.  Incumbent Board Members shall be automatically placed in nomination unless

                   declination is stated in writing and submitted by postal mail to the state

                   Secretary at the state post office box, postmarked no later than October 1^st of

                   the current year. Incumbent officers shall be automatic members of the

                   succeeding Board of Directors.

              3.  All other members of the organization wishing their name to be placed in

                   nomination for election to the Board of Directors, shall submit their request for

                   same, by postal mail to the state Secretary, at the state post office box, along

                   with the written endorsement of one other member of the organization

                   postmarked no later than October 1^st of the current year.

B.  Election Procedures

              1. At least thirty days prior to the annual membership meeting of the organization,

                   notices of the annual election of the Board of Directors and of the annual meeting

                   and nomination procedures as set forth in these by-laws shall be published in the

                   newsletter.

              2. Election will be by ballot at the annual meeting.

              3. Candidates must receive a simple majority to be elected to the board of directors.

                  A simple majority is defined as more than 50% of the total votes cast.

Article VIII.  Expulsion of Officers and Directors

            A.  Any Director missing three consecutive Board meetings can be suspended from the

                 Board of Directors by a majority vote of the Boards' other members at a duly scheduled

                 meeting of the Board. Proposed suspended member shall be notified by registered letter 

                 30 days prior to the meeting.

            B.  Any Board member displaying flagrant, contradictory interest towards the official purpose

                 of the organization under Article III, shall be subject to suspension by a majority vote of the

                 attending Board members, and will be notified by registered letter.

Article IX.  Meetings

A.   General

              1. General meetings will be held at the discretion of the Board of Directors.

              2. The general membership meetings shall be conducted as follows:

                        a. Meeting brought to order: The president explains the format of the meeting.

                        b. Reading of the previous meetings minutes.

                        c. Treasury report

                        d. Presentation by the President of the current interests of the organization.

                        e. Reports by committee chairman

                        f.  Summarization by the President

                        g. Elections by Ballots

                        h.  Member comments and/or concerns

              3. The annual meeting and elections shall be held at the beginning of each and every

                   year.

B.  Board of Directors

              1.  The Board of Directors meetings shall be held a minimum of every three months.

              2.   Directors shall be notified at least two weeks prior to the meeting date.

              3.  A quorum shall consist of one third of the Board members if there are seven or

                   more Directors and shall consist of a majority of the Board members if there are

                   less than seven Directors.

              4.  A voice vote of the Board shall be conducted as follows.

                        a.  Must be initiated by President

                        b.  2/3 of the officers must vote to have a voice vote

                        c.  The secretary must read a written script to all board members and that

                             script will be added to the following board meeting minutes.

                        d.  No more than $2,000.00 may be approved or any amount that would

                            deplete the organization below a minimum of $6,000.00

Article X.  Provisions and Revisions

A.  Any and all proposed amendments shall be made in writing and submitted by postal mail

     to the state secretary at the state post office box address postmarked no later than

     October 1^st.

B.  All proposed amendments shall be referred to a By-law Committee which makes its

     recommendation to the Board of Directors.

C.  If approved by a majority of the Board of Directors, the amendment shall be submitted to

     the general membership at the annual meeting for a vote by ballot.

D.  If the amendment passes by a majority vote of the membership present, it shall become

     effective on that date.

E.  The above not withstanding, the Board of Directors may, at a duly constituted Board

     meeting, approve changes to the by-laws required by the Internal Revenue Service in order for

     the Organization to achieve tax-exempt status i.e.: in the appropriate section of Title 501 (C).

Article XI.  Finance

A. Reimbursement

1. Any member of the organization, in good standing with the organization, is eligible

    for reimbursement for expenses incurred while performing any activity that has

    been adopted by the organization provided

            a.  The member was specifically requested by the Board of Directors to

                 perform an activity in the interest of the organization.

b.  The request for reimbursement is made in writing, with supporting

     documents and is presented to the Board of Directors for approval.

c.  The request for reimbursement is made within 60 days from the time the

     expense occurred.

d.  The request for reimbursement does not deplete the funds of the

     organization below a minimum of $6,000.00.

B. Compensation

            1. The President may request up to $50.00 compensation for Board members, officers and

                  members for work done for the organization. The Board of  Directors must approve the

                  request

2. The request for compensation does not deplete the funds of the organization below a

     minimum of $6,000.00.

3. The members holding the offices of President, Vice President, Secretary,

    Treasurer, Operations Officer, Legislative Officer and Newsletter Editor shall

    receive monthly compensation according to the following:

            a.  The President shall receive $300.00 per month.

b.  The Secretary shall receive $300.00 per month.

c.  The Treasurer shall receive $300.00 per month.

d.  The member appointed by the Board of Directors to the position of

     Newsletter shall receive compensation according to the following:

1.  The Newsletter Editor shall receive $300.00 per published issue of

      the Newsletter.

e.  The Vice President shall receive $200.00 per month.

f.   The Operations Officer shall receive $200.00 per month

g.  The Legislative Officer shall receive $200.00 per month.

h.   The webmaster approved by the Board of Directors shall receive

      compensation up to $300 per month,   

4.  Purchasing Agent shall receive compensation from ABATE of Michigan equal to

     10% of the gross sales of ABATE products sold.           

Article XII.  State Security

A. The State Sergeant-at-Arms and his appointed Security Staff, while working at a State-

 sponsored event, shall be recognized as the authority in matters concerning safety, order,

 or security of the State Organizational Event. They shall be empowered to expel any

 person from the event and to keep order during such event. Instructions and requests by

 the State Sergeant-at-Arms and his staff are to be followed by all members and invited

 guests. All Security personnel, while on duty, shall in turn be responsible to the State

 Sergeant-at-Arms.

A.B.A.T.E. of Michigan Inc.
P.O. Box 99
Constantine, Mi 49042