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Section I
ORGANIZATION
ARTICLE I This
organization shall be known as: Cape Coral BMX Association,
Inc.
ARTICLE
II The Cape Coral BMX Association, Inc. is
incorporated under the laws of the State of Florida as a “NOT
FOR PROFIT” corporation. The sole purpose of this corporation
is to provide controlled BMX racing at the Cape Coral BMX Track.
ARTICLE
III The Cape Coral BMX Association, Inc. will
continue to maintain its membership in the Florida Sunshine
State BMX Association, Inc.
ARTICLE
IV The Cape Coral BMX Track will continue to be
sanctioned by the National Bicycle League (NBL).
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Section II
GOVERNING BODY
ARTICLE I
The governing body of the Cape Coral BMX Association, Inc. shall
be the PARENT COUNCIL.
ARTICLE
II The voting members of the Parent Council
shall consist of three categories: (a) parents or legal
guardians of the currently registered riders who claim Cape
Coral as their home track, (b) currently registered Cape Coral
riders who have reached their 18th birthday, or (c) adult
volunteers who are active at the Cape Coral track. The
Association requires that members as identified must have
attended two (2) of the last three Parent Council meetings in
order to be eligible to vote for elected officials.
ARTICLE
III The Parent Council will meet on a monthly
basis. Date and time is to be set by the main body of the
Parent Council.
Official attendance is
recorded by the sign-in sheet available during Parent Council
meetings.
ARTICLE
IV The President may call an emergency meeting
of the Parent Council. A written notice will be posted and the
meeting will be announced over the public address system a
minimum of one race night prior to the meeting. The notice will
state the reason for the meeting. No other business may be
conducted at such meeting without the unanimous consent of all
present at such emergency meeting. Emergency meeting of the
elected officials may be called only if a race threatening
situation arises, a 50% + 1 vote is needed to pass the motion.
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Section III
ELECTIVE POSITIONS
ARTICLE I
The elected officers of the Cape Coral BMX Association, Inc.
shall consist of the following: President, Vice-President,
Track Director, Registrar, Secretary, Treasurer, and Public
Relations.
ARTICLE
II Elections shall be held annually at the
September meeting of the Parent Council.
ARTICLE
III To be eligible to vote, the member must
attend the August meeting, a member must be in good standing in
accordance with Section II, Article II and be present at the
September meeting. No absentee ballots will be accepted.
ARTICLE
IV Elections shall be the first order of
business under old business at the September meeting.
Nominations will be opened at the August meeting and closed just
prior to the vote at the September meeting. All nominations
shall be from the floor. The newly elected officers will assume
their positions at the October meeting.
ARTICLE V
The President may, with the
majority
concurrence of the elected officers,
fill any elected vacancies that may occur, to serve the
unexpired term created by the vacancy. The Parent Council will
ratify (vote) the appointment at the next regularly scheduled
meeting.
ARTICLE VI
If both the President and Vice-President should resign from the
Association, an emergency meeting of the membership shall be
called and interim leadership voted upon for the remainder of
the term.
ARTICLE
VII A Rider Representative will be elected by the
Cape Coral registered NBL riders. To be eligible for election
as Rider Representative, the rider must have one (1) year of
rider experience, hold a current NBL card and have reached
his/her fourteenth (14) birthday.
ARTICLE
VIII The Rider Representative will be the liaison
between the riders and the Track Director. At any time that the
Rider Representative feels that there is an unsafe condition at
the Track, he/she shall bring it to the attention of the Track
Director.
ARTICLE
IX The Rider Representative will hold meetings
at his/her discretion. The Rider Representative will make a
monthly report to the Parent Council. The Rider Representative
may vote only on matters concerning track changes. (If the
Rider Representative is
also
a Parent Council Member, then he/she would
have full voting rights.)
ARTICLE
XI The Rider Representative may appoint
Assistant Rider Representatives to achieve better communications
between the riders and the Rider Representatives. An Assistant
Rider Representative may vote in the absence of the elected
Rider Representative at the Parent Council meetings.
ARTICLE
XII Officers who are absent from three (3)
consecutive meetings without a valid excuse shall be subject to
removal from the office and will be so notified by the Secretary
by mail.
ARTICLE
XIII Motion to remove an elected officer will be
tabled for thirty (30) days and sent to the elected officers for
fact finding and recommendation to the Parent Council. The
motion will be discussed and voted at the Parent Council
meeting. A two thirds vote of the members present is required
for removal.
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Section IV
DUTIES OF ELECTED AND APPOINTED OFFICIALS
ARTICLE I
PRESIDENT: Presides over meetings, acts as mediator with
County/City Parks and Recreation and is the Executive Official
on all committees.
The
president’s signature and treasurer’s signature is required on
all checks written on the Association accounts and on
all transfers of money between checking
and other accounts.
VICE-PRESIDENT:
Will assume the duties of the President in his/her absence.
He/she will oversee the operation of the Concession Stand and
will appoint the Concession Manager.
TRACK DIRECTOR:
Act as representative and local spokesman with the Florida
Sunshine State BMX Association, Inc. and the National Bicycle
League (NBL). Will be responsible for all aspects of the track
operation, track construction and maintenance, race staffing,
and insurance. The Track Director will appoint two (2)
assistant Track Directors to assist in carrying out his/her
duties.
The Track Director, Assistant Track Director, or designee, will
be on the track during practice and races observing the
riders.
REGISTRAR: Will serve as Clerk of
Track responsible for all of the track race day administrative
needs, registrations, moto-writing, combining of classes,
numbering of motos, race reports, new and renewal of
license/membership applications. He/she will send moto sheets
to the State Points Keeper and to the national office within
three (3) days after the race.
SECRETARY: Will keep accurate
records,
record attendance,
roll-call, keep minutes of
meetings, handle incoming and outgoing correspondence and give a
copy of minutes to the President prior to the next meeting.
The secretary will provide copies of the minutes of the previous
Parent Council meeting to the members of the Parent
Council prior to the meeting.
TREASURER:
Will sign all checks with the President. He/She will
keep accurate record of all monies, transactions, monthly
reports and audits. Records will be maintained in accordance
with currently accepted bookkeeping procedures.
All deposits are to be made nightly. The
Treasurer’s checking account is not to exceed five thousand
dollars ($5,000), and any surplus balance is to be transferred
to a savings account. The savings account
and checking account is required to have two (2)
signatures
(President and Treasurer) to withdraw and not of the same
family. He/she will ensure that the checkbook is available at
all official meetings and at all race and practice day race
activities. He/she will ensure that prompt payment is made on
all accounts and people holding petty cash funds are paid upon
presentation of approved receipts.
He/She
will provide a monthly balance sheet to the members present at
the monthly Parent Council meeting showing all income and
expenses.
PUBLIC RELATIONS: Will promote the
Cape Coral BMX Association, Inc. Will serve as point of contact
for all media releases. Will contact sponsors for assisting in
support of races and construction.
ARTICLE II APPOINTED
POSITIONS:
ASSISTANT TRACK DIRECTOR: (Two (2)
each) To be appointed by the Track Director and to assist
him/her in
the performance of the duties of the Track
Director. One Assistant Track Director will also serve as head
official having
direct control of actual racing.
ASSISTANT REGISTRAR: (Two (2)
each) To be appointed by the Registrar and to assist in the
performance of the Registrar’s duties. One (1) Assistant
Registrar will serve as head scorekeeper and determine the order
of finish in case of ties. The second Assistant Registrar will
serve as trophy chairperson and will be responsible for ordering
and awarding the trophies.
CONCESSION MANAGER: To be
appointed by the Vice-President, will be responsible for the
operation and sanitation of the food service in the concession
operation. The concession will maintain accurate records of all
receipts and expenditures. Funds will be turned over to the
Treasurer for deposit.
VOLUNTEER CORDINATOR: To be
appointed by the President, will be responsible for recruiting
Volunteer workers who assist in the operation of the Track
during sponsored functions of the Cape Coral BMX Association,
Inc., practices and/or races held by the Cape Coral BMX
Association, Inc. Responsible for maintaining records of such
workers for recall when needed.
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Section V
TRACK
ARTICLE I
The Track Director will be responsible for the Track safety and
condition. He/she will not allow any changes to the Track
without prior approval of the Parent Council.
ARTICLE
II No changes will be made to the Track for a
period of two (2) weeks prior to any State Race. Necessary
maintenance and grooming will be permitted at the Track
Director’s discretion.
ARTICLE III
All proposed changes to be made to the Track must be discussed
by the Rider Representatives with the rider-base and be
discussed at a Parent Council meeting. The proposed changes
must then be voted on and accepted at the Parent Council meeting
before work can begin.
ARTICLE
IV The Track Director shall verify that an
appropriate liability insurance policy is in effect prior to
conducting any racing activities on the Cape Coral BMX Track.
A copy of this Liability Insurance will immediately be forwarded
to the Cape Coral Parks and Recreation upon its receipt. A copy
will be maintained at the Track at all times.
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Section VI
MISCELLANEOUS
ARTICLE I
All Officer and Parent Council meetings will be conducted in
accordance with Robert’s Rules of Order (revised).
ARTICLE
II Amendments to these By-Laws may be made in
the following manner: One (1) month prior to a vote to amend,
the proposed amendment must be read and discussed at the Parent
Council meeting. The proposed amendment will be posted in the
Track News Letter and/or upon the Advertisement Board at the
Track. A vote of 2/3’s of the voting members present is
required to amend the By-Laws.
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Section VII
ACCEPTANCE
ARTICLE I
These By-Laws, when adopted by the Parent Council and signed by
the current elected Officers of the Cape Coral BMX Association,
Inc., will supercede and replace any and all By-Laws made prior
to the date of the current adoption.
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