By-Laws - approved on 6/21/21
HEARTLAND BMX INC
Article I: Organization
The Organization shall be Heartland BMX, Inc., also known as Heartland BMX.
Article II: Purpose
Heartland BMX fosters the amateur sport of BMX (bicycle motocross) bicycle racing in Topeka, Kansas, from beginner to the Olympic or professional level within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code. Heartland BMX provides education for children in proper bicycle safety and the sportsmanship of BMX bicycle racing purposes. Heartland BMX conducts sanctioned USA BMX bicycle races.
Article III: Membership
Section 1: Eligibility
Riders in good standing with USA BMX, who have registered Heartland BMX as their home track are considered members of the Heartland BMX.
Section 2: Voting
Each member of Heartland BMX may vote in the annual elections of the Board of Directors of Heartland BMX, consisting of the Vice President, Secretary, Treasurer, and Track Foreman. Members also are able to vote on facility improvements, multi-point race awards, fundraising, and scheduling questions.
For voting purposes, each member 18 years of age or older shall have one vote. Each member of minor age will be represented by one parent or guardian and have one vote. The member must be present to vote.
Heartland BMX, Inc. is an equal opportunity organization affiliated with the USA BMX. Heartland BMX, Inc. includes all racers regardless of religion, sex, race, color, sexual orientation, national origin, ancestry, disability, or age.
Article IV: Finances
Section 1: Heartland BMX funds gathered through entry fees, concessions, sponsors, fundraising, and donations shall be kept in a checking account. The fiscal year for Heartland BMX shall run from January 1 through December 31. The Vice-president/Treasurer will review with the Track Operator (TO)/President and present a financial report at every Board member meeting.
Funds received by Heartland BMX shall be used to cover all operating expenses, including, but not limited to, utilities, contractual obligations, financial obligations with USA BMX, track maintenance, and general event costs.
No part of the net earnings of Heartland BMX shall inure to the benefit of, or be distributable to its parents/members, Board Members, or other private persons except that Heartland BMX shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II herein.
The books of the Treasurer shall be reviewed annually and upon the resignation or removal of the Treasurer or any other authorized bank signatory, by an auditor, reviewer, or reviewing committee.
Article V: Meetings
Section 1: Board of Directors meetings
There will be a minimum of one scheduled Board of Directors meeting held Quarterly in which the Board of Directors will discuss the operations of Heartland BMX, Inc. Meeting dates and places will be announced at least one week in advance. Official meeting minutes shall be recorded and posted in track documentation, on the Heartland BMX homepage or through the use of social media (i.e., Heartland BMX Facebook page). Four (4) Board Members must be present to make an official vote. Voting during meeting on track operational items shall be by majority vote. In the event of a tie, the Track Operator will cast the deciding vote.
Section 2: Order of Business
- Sign In/Call to Order
- Election of Board Members (when required)
- Review and approve previous meeting minutes
- Treasurer financial report
- Board Member reports
- Unfinished business
- New business
- Next meeting date
Section 3: Parent/Member Meetings
There shall be a minimum of two voting parent/member meetings held per calendar year. One parent/member-voting meeting shall be held at the beginning of the season, prior to March 31st, in order to propose and/or adopt changes to Heartland BMX bylaws. Information will be posted prior to the meeting, and a seven (7) day minimum timeframe will be set to accept proposed changes. A second voting member meeting shall be held at the end of the season, prior to December 31st, in order to elect Board Members (Article VI, Section 3). Voting on changes to the bylaws and Board Members will require a minimum of 10 parent/members be present. The event of a tie will be broken by the Track Operator.
Article VI: Board of Directors
Section 1: Members of the Board of Directors
Following the State of Kansas not-for-profit statutes, the elected members of the Board of Directors will consist of: Assistant Track Operator/President, Treasurer, Secretary, Track Foreman, and Trustee. There shall be a Track Operator appointed by the Board of Directors with full member duties but will only cast a vote in the event of a tie.
Section 2: Duties of Board Members
The Board of Directors shall take such action as deemed appropriate to further the purpose of the organization.
All Board Members are expected to be present at all BMX functions. If a Board Member is unable to be present at a BMX function, they must give prior notification to the other Board Members, (this is considered an excused absence.) Any Board Member with 2 consecutive unexcused absences may be replaced by a majority vote of the board and officers.
Person appointed by the USA BMX and responsible to the USA BMX for all sanctioned events. The Track Operator will also be the contact for the City, State and/or any other place where a signature is required to approve BMX racing/promotion for Heartland BMX, Inc. The Track Operator shall serve as the sole and primary communicator with USA BMX with regards to conducting official business of Heartland BMX. The Track Operator may designate other Board Member(s) to communicate with USA BMX, when appropriate. This person will have a valid contract with the USA BMX to operate the track. This position will be the second required person, in addition to the Treasurer, to sign checks.
Responsible for overseeing the function of all Board functions in accordance with USA BMX rules/regulations and the best interests of Heartland BMX, Inc., and provides support when necessary Also holds primary responsibility for USA BMX communication and administrative responsibilities. The Track Operator/President commits to:
- Follow USA BMX rules and regulations to the best of their knowledge and ability.
- Fulfill USA BMX administrative responsibilities in an organized and timely manner.
- Monthly/quarterly communication with the Board of Directors.
- Promote positive relationships with the city, county, local organizations, board members, parents, and other track operators.
- Run races and provide training when possible/necessary.
- Oversee race registration, fundraisers, and trophy/award ordering and pickup unless another person is appointed to do so by the Track Operator.
- Acts as the head track official for Heartland BMX events.
- With the assistance of the Track Foreman, selects and trains track officials.
- Understand the positions and functions of event operation and acts as the operator of those positions when necessary, or when the appropriate operator is not present.
- Serves as the second signature required to sign checks on behalf of the Organization.
- Communicate with local businesses, schools, other tracks, and parents when necessary.
- Organization of promotional events including activities and materials.
Assistant Track Operator/President:
The Assistant Track Operator serves at the discretion of the Track Operator for any and all track-related duties. This position will be appointed by the Track Operator with confirmation of a 51% vote by the general membership. The Assistant Track Operator will serve as the President of the Board. Anticipated commitment includes the following:
- Function as Track Operator, and perform all duties when the primary operator is not available
- Understand track operations and USA BMX regulations
- Recognizes USA BMX requirements for paperwork and managing funds.
- Assist in ordering necessary items for running Heartland BMX.
- Responsible for communicating important information to Board Members.
- Track functions include Sign-ups and Lead Scorer (or appointing a designee) for race events.
- Communicates with Track Operator for ordering of advertising media from USA BMX.
This position will also be responsible for fiscal matters associated with Heartland BMX. The Treasurer commitment includes the following: accounting and will be responsible for The Treasurer will be
- Act as the custodian of the funds of Heartland BMX.
- Responsible for signing checks for Heartland BMX financial matters. This position will be the first required person, in addition to the Track Operator, to sign checks.
- Pay the bills incurred by the track (Any purchase greater than $300 will need to be approved by the Track Operator or President of the Board).
- Maintain a full account of funds for Heartland BMX including all receipts and disbursements.
- Collect and maintain all expense-related records.
- Preparing a financial report to be presented at each Board meeting.
- Responsible for handling all monies at the end of each business day and for making deposits into the Heartland BMX account.
- Collecting and consolidating annual finances for end-of-the-year tax filing.
- Responsible for an annual report of the financial condition of Heartland BMX at the end-of-year general membership meeting.
- Prepare IRS forms by the 15th day following month after fiscal year-end in accordance with the tax-exempt status under section 501(c)(3) of the Internal Revenue Code
Collects and consolidates information discussed as the Board meeting(s). Other functions include:
- Person responsible for minutes of the meetings, and for posting meeting minutes to the Heartland BMX website.
- Report previous meeting minutes.
- Responsible for maintaining and referencing previously discussed meeting information, or tracking assigned tasks.
- Oversees the collection and archiving of Board member signatures from each Board meeting.
- Maintains a current copy of the Heartland BMX Bylaws.
- In coordination with the Track Operator, utilizes social media outlets for communication…Facebook, website, etc.
- Commitment to the communication of information to local media outlets, subject to the approval of the Track Operator. The Track Operator will always serve as the point of contact unless another individual is designated.
Oversees general care and maintenance of the track, scheduling and supervising of workdays. The Track Foreman commits to the following:
- Position is responsible for appointing a head track official for each sanctioned event.
- Acting as head track official or Heartland BMX when Track Operator and Assistant Track Operator/President are not present or available.
- Assemble group of people responsible for maintenance.
- Schedule track workdays as necessary.
- Special or extra preparation for season opening race, State qualifiers, State championship, or other large events.
- Perform emergency maintenance when caused by weather, vandalism, etc.
- Responsible for Heartland BMX property such as the conex and equipment related to track function.
The Trustee will be responsible for managing the committees as the chairman/chairwoman. The Trustee will have one vote on the Board of Directors.
Responsible for increasing track operating resources through sponsorships, fundraising and/or grants. Anticipated commitment includes the following:
- Communicate with current Heartland BMX sponsors.
- Identify new sponsorship opportunities.
- Organize fundraising events to increase public relations and resources.
- Research and apply for any grant funding.
Section 3: Terms and Elections
Board member elections shall be held at the conclusion of the racing season during the last parent/member meeting of the year following the USA BMX Grands, but before December 31st.
Newly elected Board members shall take office immediately following the meeting at which they are elected. The term of all Board of Directors positions, other than Track Operator, shall be for a period of one (1) calendar year, with a maximum of two (2) years in the same position. A Board member can be granted a one (1) year extension each year thereafter and remain in the same position with 100% vote. There must be a minimum of ten (10) parents/members present.
Elections shall also include a vote to retain the Track Operator.
Nominations for Board of Director positions shall follow Roberts Rules of Order.
Section 4: Removal or Resignation
If a position on the Board of Directors becomes vacant, the Board shall commence the process to find a replacement within thirty (30) days to fill the open position on the Board.
A Board member may be removed from office by a majority vote of the Board. If an individual on the Board resigns they must take a relief of duty for one (1) calendar year after the resignation or have a unanimous vote of the Board to be re-instated.
Article VII: Code of Conduct
Every rider must at all times observe such conduct as reflects the ideals of good sportsmanship and avoid any conduct which may bring himself or the sport of BMX into disrepute. Failure to follow these rules could result in an immediate removal from Heartland BMX, could include a minimum one (1) month suspension or possible termination of membership, to be decided on by the Heartland BMX Board, in coordination with Shawnee County Parks & Recreation and USA BMX rules.
1. Follow all Shawnee County Parks and Recreation rules and regulations
2. No alcohol or drugs
3. No offensive language or behavior
4. Enforce all USA BMX rules and regulations including wearing helmets. For a complete list on USA BMX rules and regulations, refer to: https://www.usabmx.com/site/sections/78
5. All rules will be strictly enforced
6. Failure to follow the Code of Conduct may be grounds for suspension or termination of membership.
7. No Smoking within 50 yards of athletes & spectators during sanctioned events. Signs will be posted.
8. No running onto track if your rider/child falls, track officials will assess the situation
9. A parent/guardian or accompanying party may have their event attendance privilege revoked for their own actions or actions of their rider(s).
Article VIII: Committees
Committees shall be created by the Board of Directors. The Trustee will serve as the chair of all committees unless the Trustee designates another to serve in his/her capacity. The Trustee shall appoint members to committees.
Article IX: Guidelines
It is the responsibility of all Board Members to know and enforce all USA BMX and Heartland BMX rules and regulations.
Article X: Bylaws
Bylaws will be available upon request at the track or can be viewed and printed from the tracks website at www.heartlandbmx.org or through the tracks social media.
The by-laws can be amended by 2/3rds vote of the membership. Changes in the by-laws should be posted in an agenda item one (1) week prior to the general meeting where they will be voted on.
Article X: Dissolution and Distribution of Assets
In the event of the dissolution of the Organization, Heartland BMX, Inc., the Board shall, after paying all expenses or making provisions for payment of all liabilities of the Organization, dispose of any remaining funds or assets of the Organization in the following manner:
Any funds left available after all liabilities are settled will be distributed to an organization supporting BMX racing, as determined by the Board of Directors.
Assets specific to BMX racing, such as the starting gate, loaner bicycles, loaner helmets, etc., shall be donated to the Shawnee County Parks and Recreation Department for future use at the Heartland BMX facility or donated to other BMX facilities in Kansas, as determined by the Board of Directors.
History of Bylaw Amendments:
Heartland BMX is sanctioned by USA BMX (The USA BMX).
Track Operator(s): Corey Shepard
Location: Crestview Park
Address: 4801 SW Shunga Drive, Topeka KS
Track hotline: 785.271.1BMX (1269)
Email address: firstname.lastname@example.org