Cape Coral BMX By-laws
Cape Coral BMX, Incorporated
ARTICLE I – NAME, PURPOSE
Section 1: The name of the organization shall be Cape Coral BMX Association, Incorporated
Section 2: The Cape Coral BMX Association, Incorporated is organized exclusively for charitable purposes within the meanings of 501(c)(3) of the Internal Revenue Code as may be amended. This organization fosters the amateur sports of BMX bicycle racing from beginner to the Olympics. The organization provides education for children in proper bicycle safety and the sportsmanship of BMX bicycle racing. We conduct sanctioned USA BMX bicycle races.
Section 3: Cape Coral BMX Association, Incorporated 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 sanctioned USA BMX racing, and the operation and maintenance of the Cape Coral BMX track.
ARTICLE II – MEMBERSHIP
Section 1: Membership in Cape Coral BMX, Incorporated shall consist of the members of the Parent Council.
Section 2: The membership of the Parent Council shall consist of three categories:
- Parents or legal guardians of currently licensed riders who claim Cape Coral BMX as their home track.
- Currently licensed Cape Coral BMX riders who have reached their 18th birthday.
- Adult volunteers who are active at the Cape Coral BMX track.
ARTICLE III – MEETINGS
Section 1: The Parent Council will meet on a monthly basis; date and time to be set by the Board of Directors. Official attendance is recorded by sign-in sheet available during Parent Council meeting.
Section 2: Annual meeting of the Corporation will be held in September for the election of the next years Board of Directors.
Section 3: A simple majority vote is needed to past motions with the exception of changes to the Bylaws and Articles of Incorporation which will require a two thirds vote.
Section 4: A member must have attended two (2) of the last three (3) Parent Council meetings in order to be eligible to vote for elected officials.
Section 5: The President may call emergency meetings 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 unanimous consent.
ARTICLE IV – BOARD OF DIRECTORS
- The day-to-day business affairs of this Corporation shall be managed by the Board of Directors. This Corporation shall have seven (7) directors the number of directors may be increased or decreased from time to time by the bylaws but shall never be less than three (3).
- The board members receive no compensation other than reasonable expenses.(Expense for attending meetings, postage, and long-distance telephone expense)
- The Board of Directors shall be members of the Corporation.
- The Board of Directors may conduct official meetings via electronic media (e-mail, teleconference, videoconference, and telephone)
Article V – Elected Positions
- Elections shall be held annually at the September meeting of the Parent Council.
- To be eligible to vote, 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, no absentee ballots will be accepted.
- All board members will serve for one year term commencing the first of the month following elections. All board members are eligible for reelection.
- Elections of new directors or reelection of current directors will occur as the first item of business at the annual meeting of the Parent Council. Directors will be elected by a simple majority vote of the Parent Council members. All nominations will be from the floor.
- The President may, with the majority concurrence of the elected officials, fill any elected vacancies that may occur, to serve the unexpired term created by the vacancy. The Parent Council will ratify the appointment at the next regularly scheduled meeting. If both the President and Vice President should resign from the Association, an emergency meeting of the membership shall be called and interim leader ship voted into for the remainder of the term.
- Officers who are absent from three (3) consecutive meetings without a valid excuse shall be subject to removal from the office and will be notified by the Secretary by US mail.
- A motion to remove the elected officer will be tabled for 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.
- All board members and appointed officials shall comply with the requirements of the City of Cape Coral for background investigation.
- The Board of Directors shall report all activities to the Parent Council at the next scheduled meeting.
Section 3: Quorum
- A quorum must be attended by at least 51% of the Board Members before business can be transacted or motions made or past.
- An official scheduled board meeting requires that each board member have written notice two weeks in advance.
- An emergency board meeting can be called at any time for a specific purpose. This purpose should be the only item on the agenda.
- All notices of meetings may be by electronic method (e-mail, telephone, and text message) as well as standard postal service.
Section 4: Officers and Duties. There shall be seven (7) officers of the board consisting of the President, Vice-President, Secretary, Treasurer, Track Operator, Clerk of Course, and Public Affairs. Their duties are as follows:
- President – presides over meetings acts as mediator with County/city parks and rec creation and is the executive officer on all committees. The President's signature and Treasurer's signature is required on all checks written on the Association's 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.
- Secretary – will be responsible for record-keeping, attendance, minutes of meetings, and handle all incoming and outgoing correspondence and providing copies of minutes to the President prior to the next meeting. The Secretary will provide copies of 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 records of all monies, transactions, monthly reports and audits. Records will be maintained in accordance with currently accepted bookkeeping procedures. The Treasurer's checking account is not to exceed five thousand dollars ($5000.00). Any surplus balance is to be transferred to the savings account. The savings account and checking account is required to have two signatures President and Treasurer to withdraw and not from the same family or household. He/she will ensure that the checkbook is available at all official meetings, races and practices. 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.
- Track Operator – will act as representative and local spokesman with the Florida Sunshine State BMX Association Incorporated and the USA BMX Incorporated. Will be responsible for all aspects of the track operation, track construction and track maintenance, race staffing and insurance. The track operator may appoint four assistant track operators to assist in carrying out his/her duties. The track operator, assistant track operator, or designee will be on the track during practice and races observing the riders.
- Clerk of Course –will serve as Clerk of Course responsible for all track race day administrative needs, registration, Moto writing, race scheduling & reports, new and renewal of rider license (membership/applications). He/she will send reports to the state point’s keeper and to the USA BMX office within three (3) business days of the race. He/she will serve as point of contact for all administrative needs with USA BMX Incorporated.
- Public Relations – will promote the Cape Coral BMX Association, Incorporated. Will serve as point of contact for all media releases. Will contact schools and other organizations and provide flyers to promote BMX racing. Will be responsible for maintaining the www.CapeCoralBMX.com website. Public relations may recruit volunteers to assist with distribution of promotional material.
Article VI – Elected Representatives
The following positions are appointed and are not members of the Board of Directors.
The licensed Cape Coral USA BMX riders will elect riders representative.
- A Rider Representative will be elected by the licensed Cape Coral USA BMX riders. To be eligible for election as Rider Representative, a rider must have one year of riding experience and have reached his 14th birthday.
- The Rider Representative will be the liaison between the riders and the Track Operator. At any time the Rider Representative feels that there is unsafe condition at the track, he/she shall bring it to the attention of the Track Operator.
- 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.)
- The Rider Representative may appoint Assistant Rider Representatives to achieve better communication between the riders and the Rider Representative. An Assistant Rider Representative may vote in the absence of the elected Rider Representative at the Parent Council meetings.
ARTICLE VII – APPOINTED POSITIONS
The following positions are appointed and are not members of the Board of Directors:
- Assistant Track Operators – The Track Operator will appoint four (4) Assistant Track Operators to assist him in the performance of the duties. One of the Assistant Track Operators will serve as Head Official having direct control of actual BMX racing.
- Assistant Clerk of Course – The Clerk of Course will appoint two (2) Assistance Clerks of Course to assist with the clerk’s duties. One assistant Clerk of Course will serve as head scorekeeper and determine the order of finish in case of ties. The second Assistant Clerk Of Course will serve as trophy chairperson and will be responsible for ordering and awarding the trophies.
- Concession manager – will be appointed by the Vice President and will be responsible for the operation and sanitation of the food service concession operation. The concession will maintain accurate records of all receipts and expenditures. Funds will be turned over to the Treasurer nightly for deposit.
- Volunteer coordinator – Will be appointed by the President and be responsible for recruiting volunteer workers to assist in the operation of the track during sponsored functions of the Cape Coral BMX Association Incorporated, practices and races. Will be responsible for maintaining records of such workers for recall when needed.
ARTICLE VIII – TRACK
Section 1: The Track Operator 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.
Section 2: No changes will be made to the track for a period of two weeks prior to any state race. Necessary maintenance and grooming will be permitted at the Track Operator’s discretion.
Section 3: All proposed changes to me made to the track, must first be discussed by the Rider Representatives and with the rider-base. If agreed on the rider representative will present the changes at the Parent Council meeting. The proposed changes must then be voted on and accepted at the Parent Council meeting before work can begin.
Section 4: The Track Operator 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 be forwarded to the Cape Coral Parks and Recreation upon its receipt. A copy will be maintained at the track at all times.
Section 5: All major changes to the track should be within the annual budget.
ARTICLE IX – FINANCES
a. Finance Committee. The Treasurer is the chair for the finance committee which includes three other board members and one member at large from the Parent Council. The finance committee is responsible for developing and reviewing fiscal procedures, fund-raising plans, and annual budgets with other board members. The Parent Council must approve the budget and all expenditures must be within the budget. Any major change in the budget must be approved by the board and the Parent Council. The fiscal year shall be the calendar year. The financial records of the organization are public information and shall be made available to the membership, board members and the public.
ARTICLE X – MISCELLANEOUS
Section 1: All Board and Parent Council meetings will be conducted in accordance with Robert's Rules of Order (revised).
Section 2: Amendments to these bylaws may be made in the following manner: one month prior to a vote to amend the proposed amendments must be read and discussed at a Parent Council meeting. The proposed amendments will be posted in the track's website and/or upon the advertisement board at the track. A vote of two thirds of the voting members present is required to amend the bylaws.
ARTICLE XI – ACCEPTANCE
These bylaws were approved at a meeting of the Parent Council and signed by Board of Directors of the Cape Coral BMX Association Incorporated on the 12 day of June 2012.