Sober Not Dead MC

BYLAWS

ARTICLE I

Name

A. The name of the Motorcycle Club is the Sober Not Dead Motorcycle Club called hereafter MC.

B Each individual chapters can be formed as a motorcycle club, riding club, social motorcycle club or social club with bylaws and patches reflecting this decision. Each chapter will still be a charter chapter of the Sober Not Dead MC regardless how the club identifies itself.

ARTICLE II

Puprpose

A. The purpose of the MC is to promote an active clean and sober lifestyle with interested persons that share similar interests in motorcycles and having fun sober.

B. The MC is a non-profit entity that initiates various activities such as road trips, campouts and sober social gatherings and also functions to raise funds and donate to recognized charities.

ARTICLE III

Trademark

A.The trademark consisting of the Name Sober Not Dead MC and the words formed inside of a maltese cross is a trademark owned by the national office of the MC .

ARTICLE IV

Club Creation

A. This MC is the vision of several motorcycle riders in recovery while riding in Mexico. These sober riders are now referred to as Founding Members of the Sober Not Dead MC.

B. The Founding Members retain all executive decisions of the national office to ensure the vision of the club remains intact.

C. The Founding Members retain all rights of the name Sober Not Dead MC as well as the trademark patches of the Sober Not Dead MC

D. The Founding Members are responsible for overseeing and performing the all actions required of the national office for the MC.

E. The Founding Members compose the Board of Directors of the national office.

E. The MC Constitution and Bylaws are the fundimental laws for the Sober Not Dead MC and shall govern the conduct of each individual chapter of the MC

F. National office reserves the right to alter the Bylaws to each individual chapter's decision of forming a motorcycle club, social riding club, riding club or social club

ARTICLE V

National Office

1. Location

A. The national office of the MC shall be in Ruidoso, New Mexico.

2. National Office duties

A. Maintain the Clubs Constitution and Bylaws and post them on the website for public viewing.

B. Correspond with relevant organizations, internet sites and publications to share information about the MC

C. Oversee and manage SoberNotDead.org website domain to include up to date and pertinent information about the MC

D. Approve and authorize the formation of all new chapters of the MC

E. Make announcements of all new chapters on the website.

E. Procure and Distribute all clothing that display the club patches.

F. Procure and Distribute all club patches that go on memberships vest

G. Provide certificates of acceptance recognizing each MC chapter.

F. Ensure that the vision for the MC by the Founding Members are constantly strived for and maintained.

G. Be available to assist MC chapters as needed.

H. Provide new charters with documents that describes MC goals history, copies of the clubs constitution and bylaws, contact information for the national office, an example of a chapter operating policy, group riding waivers, and prospective membership application forms.

I. Revolk or suspend any chapter that fails to maintain the integrity of the Club's Constitution and Bylaws.

J. Maintain a roster of all chapter's Board of Directors, individual chapter members and their contact information.

K. National office will assist any charter chapter in going through the process of introducing a new chapter to the dominant motorcycle club in your area to ensure all protocols are followed correctly and proper respect is given when obtaining approval for the formation of a new club.

Article VI

Chapters

A. The MC and it's chapters do not make claim to any territory or have a desire to claim territory.

B. Individual chapters will be made up of at least three (3) full members.

C. In the event that the membership of a charter falls below three (3) full members the chapter will be listed as "inactive" until more members join. Quarterly reports to the national office still must be given by "inactive" chapters.

D. If quarterly reports are not given or there are two (2) years of being inactive the chapter will be considered "disbanded"

1. Chapter's Duties

A. Shall sign a document that they will maintain the integrity of the MC's Constitution and Bylaws and the Trademark agreement.

B. Establish individual chapter operating policies that will not override or conflict with the MC's Constitution and Bylaws.

C. Consider forming a state board if more than 2 MC's are in the same state.

D. Be responsible for licensing and proper conduct for any and all fundraiser, raffles and events that raise monies for their chapter and does so in accordance with all local, state and federal laws.

E. Include the MC name on all correspondance, flyers, notices, fundraisers, raffles and any other event/function that the club is involved in.

F. Require all members to obey local, state and fedreal law.

G. Require all members and participants in any club function/event to sign the club waiver / agreement form prior to particpation in any function.

H. Use Robert's Rules of Order to settle any procedural disputes that do not conflict with the MC's Constitution and Bylaws.

2. Expulsion of a Chapter

A. Any member who alleges that a chapter is not maintaining the integrity of the MC's Constitution and Bylaws must send proof to the national office.

B. The national office will send a certified letter to the Chapter's President informing him of the allegations and response.

C. The Chapter's President and Board of Directors must investigate the allegations and respond back the national office via certified mail their response and contest the allegations.

D. The response from the Chapter will determine if the integrity of the MC's Constitution and Bylaws are being adhered to and maintained.

E. If the allegations can be substantiated a 2/3 vote by board members of the national office will decide if the individual chapter will be expeled.

F. If a chapter is expelled from the MC a certified letter will be sent to the MC's President and Board of Directors detailing their expulsion from the MC along with an explanation.

G. If the chapter is expelled they will be expected to immidiately cease and desist any use of the MC, forfiet any patches, material and documents to the national office within 30 days, relinquish any rights to a refund of fees or contributions to the national office and have no right to title, interest or claim to the assets of the MC.

H. If Club President fails to return all assets to the national office as requested, the national office will file criminal charges against the chapter's President, Board of Directors and/or general membership.

Article VII

Membership

A. The MC will always conduct ourselves with respect towards others, integrity, loyalty, honesty, honor, courage, commitment and brotherhood to each other while promoting a clean and sober lifestyle.

B. The Membership is open to all races, religions, past criminal history & sexual orientation.

C. For membership, a person must have a desire not to drink and/or use drugs.

D. Full Membership is only available to persons at a minimum of 18 years of age.

E. A motorcycle is not required for membership.

F. The make of one's motorcycle does not matter.

G. New members will fill out the Prospective Member Application form and pay a one time Prospective Membership Application fee of $20.

H. New members will fill out the club waiver / agreement form.

H. Patches can be purchased by the new member for $75 dollars from the national office.

I. Membership dues are $50 per year and used at the discretion of each club chapter.

H. Members will ensure the Secretary of the MC has their current address and phone number and will advise the Secretary of any changes timely.

1. Membership Classes, Rights and Responsibilities

A) There shall be six (6) classes of membership: Founding Member, Full Member, Associate Member, Prospective Member, Absentee Member and Honorary Member.

B) All members shall have the right to attend the meetings and functions of the MC and to participate in any events sponsored by or involving the MC

C) All members must maintain the integrity and follow the MC's Constitution and Bylaws at all times

D). Membership becomes effective upon receipt of dues and voted in by the MC

E) If a member leaves the club, for any reason, he/she must return the MC patches to a current Member.

2. Membership Definitions

A. Once approved as a member of the MC, one of the following status' will be set for the member.

3. Founding Member

A. A Founding Member is a Full Member of the MC who was one of the original members in the year 2007.

4. Full Member

A. Is a member of good standing within the MC.

B. Is an individual who has kept his/her membership current while representing the MC in a positive manner.

C. Must have his/her own motorcycle that is registered, insured and is riden to MC meetings/functions.

D. Will participate in at least 66% of all MC meetings and functions within any 3 month period.

E. If any full member ever becomes disabled in such a way that the member can no longer ride that member will automatically become a lifetime member for as long as he wishes.

F. Keeps dues current

G. Has full voting rights within the club

H. Is eligible to serve on the Board of Directors and Committees as necessary

5. Associate Members

A. Do not have motorcycles but wish to actively participate and support the club and it's activities

B. Are active members of the Club.

C. Keeps dues current..

D. Can lease and wear club patches.

E. Associate members have voting rights.

F. Can not be a member of the Board of Directors.

6. Prospective Members

A. Is one who aspires to become a Full Member.

B. Must be sponsored by a Full member in good standing.

C. Do not have voting rights.

D. Interacts well with other current members.

E. Serves a three (3) month probationary period of time where they shall attend club meetings and functions inorder to give the club members an adequate opportunity to become acquanted with them..

F. At the completion of the Probationary Members qualifying period, a MC vote will be taken into consideration with the final decision to be made from the Full Members of the MC.

G. Does not pay dues.

H. Does not have voting rights.

I. Will fill out the Prospective member application and pay the application fee. This fee will be sent to the national office.

J. If accepted into the MC, the prospective member will be given a nickname that has been selected by the chapter members unless new member already has a nickname..

K. If accepted into the MC, the prospective member can purchase club patches.

7. Absentee Member

A. Is a former full member who is no longer able to participate in the functions of the MC due to extenuating circumstances.

B. Iis someone who has not participated in at least 66% of the MC meetings and functions within any three (3) month period.

B. Do not have voting rights.

C. May return to Full Membership upon actively returning and participating in club meetings and functions.

D. Must keep dues current.

E. Can join in the club activities when they are able.

F. Can not be a member of the Board of Directors.

8. Honorary Member

A. Will be granted to individuals by a simple 2/3 majority vote of the members present during a regularly scheduled meeting of the MC

B. Will be for the duration of one (1) year.

C. Will not be assessed dues or application fees.

D. Do not have voting rights.

E. Can not be a member of teh Board of Directors.

Article VIII

Board of Directors

A. Club officers, appointments and committee memberships are positions in the club that are voluntary.

B. Each MC chapter will be goverened by the Chapter's Board of Directors.

C. The Chapter's Board of Directors will consist at minimum of three (3) officer positions consisting of President, Vice President and Secretary/Treasure.

D. A Full Board of Directors will consist of five (5) positions. The positions are President, Vice President, Secretary, Treasurer, and Sargeant at Arms.

E. Additional positions within the club can be Road Captain, Chaplain, Quartermaster but are not on the MC Board of Directors.

F. The officers will meet at a minimum quarterly.

G. If an officer does not, or is unable to perform his duties, or quits his office, it will be the responsibility of the President to appoint someone to that position until the regularly scheduled election.

H. No officer may hold an executive or officer designation with any other motorcycle or riding club.

I. Officers shall be eligible for reimbursement for reasonable expenses incurred during the administration of club business with prior approval by the chapter President. Receipts must be submitted to the Treasurer for reimbursement.

1. Board of Directors Responsibilities

A. Will be responsible for the management and oversight of all Chapter property and assets with reports given monthly to the membership.

B. Will maintain control over the Chapter's usage of the MC's patches.

C. Will maintain the integrity of the MC's Constitution and Bylaws.

D. Will perform other tasks as requested by chapter membership and in the best interest of the MC Chapter.

E. Will be responsible for the Chapter's fees, functions and records.

F. WIll ensure each office member performs their duties as specified in the Bylaws.

2. Board of Directors Terms

A. All board members will serve one (1) year terms beginning January 1 of each year.

B. There are no term limits outlining how many times a member may serve consecutively on the Board of Directors.

C. Any Board of Director member can be removed from office with both a 2/3 majority vote of General Membership and a 2/3 majority vote of the current Board of directors.

D. In the case where a Board of Director member was removed from office a special ellection will be scheduled within 60 days and voted on as specified in Article VII of the bylaws. The newly elected Board Member will function in that capacity until the regular election of Board Members in November.

3. Presidential Duties

A. Schedules, presides over and manages all meetings and functions of the MC

B. Performs general supervision of the affairs of the MC

C. Shall be subject to the authority and direction of the Board of Directors.

D. Ensures that all orders and resolutions of the Board are carried into effect.

E. Submits copies of the Chapter's Secretary minutes and reports to the national office at least quarterly.

F. Ensures Treausre has sent all new member application forms, club waiver form, new member fees and monies for patches to the national office timely.

F. Appoints any person or committee members not otherwise ordered by the MC

G. Represents the MC on proper occasions and with business contacts.

H. Assists all other officers of the Corporation in their records, correspondence, and other duties.

I. Promotes interest on the part of each member and its activities.

J. Performs other duties as requested by the Board of Directors or the Chapter's membership.

K. Signs all official documents of the Chapter and documents authorized by the Board of Directors or chapter membership in conjuntion with the Secretary

L. Is an EX-OFFICIO member of all committees as needed.

M. At the end of the elected term, the President will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected President

4. Vice Presidential Duties

A. Performs the duties of the President in his absence and to assist the President in all of his duties.

B. Performs such other duties as he may be required to do from time to time.

C. Shall be subject to the authority and direction of the Board of Directors.

D. At the end of the elected term, the Vice President will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected Vice President.

5. Secretary Duties

A. Records (or to arrange to be recorded) and maintain records of all meetings in a book or books kept for that purpose.

B. Submits a copy of the minutes of meetings to the Board of Directors to the general membership at least quarterly.

C. Ensures Board of Directors meeting minutes and general membership meetings are available to members.

D. Maintains a copy of the Bylaws of the MC and ensures they are always available for members.

E. Maintains the names of all officers and Board members and current contact information.

F. Shall be subject to the authority and direction of the Board of Directors.

G. Handles all correspondence for the MC in conjunction with the President.

H. Performs all functions related to the election of MC officers as described in these by-laws.

I. Records all votes in an election.

J. Maintains a roster of all charter members names, phone numbers and e-mail address'.

K. Sends out notices of regular or special meetings.

L. Provides the national office the name, phone number and e-mail address of all current board members and any changes/additions to the chapter's membership.

M. At the end of the elected term, the Secretary will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected Secretary.

6. Treasurer Duties

A. Shall be the chief financial officer of the MC.

B. Shall be subject to the authority and direction of the Board of Directors.

B. Shall establish and/or maintain a bank account in the name of the MC.

C. Maintains the financial records of the MC and give a monthly report on such to the Chapter's members

D. Collects all dues and other monies owed to the MC.

E. Maintains these funds in said bank account.

I. Is responsible for both payable and receivable accounts of the MC.

J. Will send all new membership applications, the club waiver form, application fees and monies for patches to the national office.

K. Makes payments from MC funds when so ordered by the President and Secretary.

K. Presents a financial report at each Board meeting and financial reports to the general membership at least quarterly.

L. Maintain all membership files and records.

M. Keeps the President and Board of Directors apprised of all changes in the membership.

N. Provides a written financial report to the Board of Directors and general membership at least quarterly.

O. At the end of the elected term, the Treasurer will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected Treasurer.

7. Sergeant at Arms Duties

A. Keeps order at all meetings.

B. Assists Treasure at collecting unpaid dues.

C. Ensures the orderly conduct during club meetings, events and functions.

D. Shall be subject to the authority and direction of the Board of Directors.

E. Appoints Road Captains to insure safety and order in all club functions and group rides.

F. Calls regular meeting to order.

G. Ensures the integrity of the MC's Constitution and Bylaws are maintained.

G. Assists the President, Board of Directors and general members in dispute resolution between members if necessary by promoting mutual understanding, respect and agreement.

H. At the end of the elected term, the Sergeant of Arms will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected Sergeant at Arms.

8. Road Captains as appointed by the Board

A. Leads smaller groups on large group rides. There will be one Road Capt. for every four (4) riders on a trip.

B. Keeps formation in parade routes.

C. Enforces group riding rules for all rides.

D. Assists with planning all tours, runs, and related activities sponsored by the MC

E. Helps to arouse interest in and lead said activities

F. Assists at events and other functions sponsored by the MC

G. Selects assistants to aid in special tasks as are deemed necessary.

H. Shall be subject to the authority and direction of the Board of Directors.

I. At the end of the elected term, the Road Captains will turn over all pertinent and related records, tools, materials and documents of the Chapter to the newly elected Road Captains.

Article IX

Elections

A. The Chapter's Board of Directors will be from the MC membership.

B. An election shall be held each November. 

C. The Secretary shall invite nominations for each of the five (5) offices at the October meeting or in the October newsletter.  

D. Any member in good standing may nominate another member of good standing for an office by contacting the Secretary.

E. The Secretary shall then determine if the nominee is eligible and in good standing to serve under the conditions set forth in these by-laws.

F. If the nominee is eligible, the Secretary shall contact the nominee and determine if he is willing to serve; if so, the nominee's name shall be placed on a ballot to be included at the November meeting.

G. If so desired, each nominee will have an opportunity to include a small bio and goals in the November newsletter or the opportunity to speak at the November meeting.

H. An anonymous ballot election shall take place at the December general meeting.

I. The current Secretary may count the ballots or may appoint another member to do so.

J. The results of the election shall be announced by the Secretary after all ballots are counted immediately following the casting of ballots.

K. Absentee ballots may be cast as long as they are given to the Election Committee prior to the vote.

1. Election Committee

A. Membership will nominate at least two (2) members in good standing to form an election committee

B. The election committee will oversee the election of the Board of Directors.

Article X

Rules of Membership

A. All members, no matter their standing, must follow these rules at all times

B. All conduct dealing with alcoholism, addiction and relapse will be handled according to the principles of the 12 steps of Alcoholics Anonymous.

C. If a member has a concern with any other member you should discuss the issue in a respectful manner.

D. Keep dues current

E. No drinking alcohol or using drugs will be permitted

F. Reckless riding will not be tolerated

G. All full members must have a valid Motorcycle license and maintain current insurance and registration

H. All full members must ride street bikes that are legal and in riding condition

I. All full members must be safety conscious, ride safely and defensively

J. By becoming a member you have decided to make a financial and personal committment to the club

K. All members are held to their own individual accountability

L. All members are encouraged to attend as many MC meetings, functions and charitable events as possible.

M. All full members must obey all local motor vehicle laws

N. All full members will ride in staggered formation on group rides

O. All members will use group riding signals when riding with others

P. All members will wear the patches at all MC functions.

Q. All members must agree to accept all MC Bylaws and the Constitution.

R. Any member who is more than three (3) months late in paying dues may be expelled from the MC with a Board vote. This can be avoided if special arrangements have been made.

S. Members missing more than 33% of meetings and club functions in any 3 month period will automatically put the member into an absentee membership role.

Article XI

Violations of Order, Conduct and Dismissal

A. Any member may be expelled for conduct unbecoming a member of the MC One's previous history and wreckage from the past before joining the MC will have no bearing on their standing within the club.

B. For a member to be expelled, charges must first be made in writing and submitted to an officer.

C. The President can form a committe to assist in substantiating the complaint.

D. Accused members will be given a hearing before the Club's Officers.

E. Board Officers Officers will accept evidence from both parties prior to making its recommendation to the Board.

F. Board members will then present it's findings to the MC concerning the complaint and investigation..

G. Voting for dismissal will be conducted by the MC as a whole.

H. The member in question will not be present during this meeting and vote.

I. In the rare case a member is expelled from the club, the member will be dropped from the roster, will not be reimbursed any paid duesand will turn in his club patches.

Article XII

Meetings

A. There shall be two types of meetings: general meetings and Board meetings.

B. Notification of meetings will be given as far in advance as possible.

C. Special meetings of the MC can be called by the President or any two (2) Board members.

1. General meetings

A. General meetings shall be held at least monthly.

B. The full members of the MC shall determine the meeting date, time, and location of the MC's general meetings

C. Two-thirds of the Members are a quorum and business can be conducted as scheduled by the club's President.

D. A majority vote of all Full Members shall be required for passage of all business resolutions.

E. There shall be no proxy votes unless prior arrangements have been made through the MC Officers.

F. The November general meeting shall be the MC Annual Meeting.  

G. General meetings will be closed to anyone that is not a current member of MC. 

H. Visitors may attend club meetings if arrangements have been made prior to the meeting.

2. Board meeting

A. Borad meetings will take place at least quarterly and when deemed necessary by the President.

B. The President shall determine the date, time, and location of each Board meeting.

C. Board meetings will be at a convenient time and date to allow participation by all members.

D. Two thirds (2/3) Board members shall constitute a quorum and business can be conducted as needed.

E. A majority vote of all Board members present, and voting, shall be required for passage of all business resolutions.

F. Proxy votes must be arranged prior to a meeting.  Board meetings will be closed unless prior arrangements have been made.

Article XIII

Dues

Membership dues are used to support Board approved club activities.

A. Dues are $50.00 per year.

B. Dues shall be designated by the Board of Directors of each individual chapter.. Dues may vary according to class of membership, and shall be due on January 1 of each year and no later than January 31st of any given year.

C. Dues may be changed or waived for members of special circumstances. These special circumstances will be taken to a Board vote.

D. Dues for an Absentee, Associate and Honorary Member fees will be the same as a Full Members fee.

E. Any club member will be ineligable to vote if dues are not paid by January 31 of each year.

F. Any dropped member must re-apply to the club if they wish to rejoin.

G. All club dues will stay the property of each individual chapter.

Article XIV

Club Patches

A. Club patches are not to be called Colors.

B. Club patches are not earned, they are purchased.

C. The club patches consist of a one piece patch featuring the Sober Not Dead maltese cross.

D. No bottom rocker or any other patch will be worn identifying a city, state, territory or any other location.

E. No claim is made through the use of club patches to any territory or desire for any territorial claims.

F. We do not wear a MC support patches.

G. Only those who are full members or associates may wear the club patches.

H. The patches are not to be modified in any way.

I. The club patches can be purchased from the national office for $75.

J. The patches are to be placed on the back of a black leather vest with side lacings.

K. The patches are to be located on the vest according to the layout design sheet for a vest.

L. Nothing is allowed on the back of the vest except for the club patch.

M. The front left (of the wearer) chest of the vest will have the members road name patch, directly beneath that will be any
applicable officer patch.

N. Any use of the club patches must be approved by the Board.

O. The wearing of the patches is a privilege and they must be worn with the dignity they deserve.

P. Any member discrediting the patches will be subject to dismissal under the provisions provided in these bylaws.

Q. Wearing the club patch is expected of all full members to all MC meetings and functions.

R. Wearing of patches are optional for Associate members.

S. The Sober Not Dead MC patch is used as identification of the Sober Not Dead MC and is a trademark belonging to the national office of the club.

T. The national office is responsible for the distribution and procurement of the club patches.

U. Through notification of the national office individual chapters can be deemed a riding club, social motorcycle club or social club if problems might exist from the dominant motorcycle club of your area for wearing of a patch on the back of your vest that identifies you as a member of a MC.

V. Only the national officer can commission the production and distribution of promotional products including, but not limited to: Crests, Clothing, Hats, Stickers, Event Banners, etc.

Article XV

New Club Charters

A. Any new charter of the Sober Not Dead MC must be in the best interest of the organization

B. Interested groups in forming a new charter of the Sober Not Dead MC will complete the New Charter Application Form and submit it to the National Office.

C. The new club charter must have a minimum of 3 persons that meet the Full Membership requirements of the MC

D. The new charter's location must be in a territory where another Sober Not Dead MC does not already exist.

E. The new charter application form must identify who will hold the postion of President, Vice President and Secretary/Treasure.

F. The new charter will pay the applicantion fee of $75 as outlined on the new charter chapter application form.

G. New charters will agree to abide by the Sober Not Dead MC by-laws.

H. All members of a new charter will fill out the Prospective Membership Application

 Article XVI

Liability

1. NO PERSONAL LIABILITY

A. Members of the MC, including the Founding Members, National Office, Current Officers and Current Board members, shall not be personally liable for any debt, liability, or obligation of the MC

B. All persons, corporations, or other entities extending credit to, contracting with, or having claim against the MC may look only to the funds and property of the MC for payment of any such contract or claim, or for the payment of any debt, damages, judgment, or decree, or for any money that may otherwise become due or payable to them from the MC

Article XVII

Chapter Autonomy

A Each new chapter operates independently from other chapters and the national office while still bound by the Sober Not Dead MC Constitution and Bylaws.

B. Each chapter is responsible for their own actions, conduct and is soley laible for such actions. conduct and performed functions.

C. Club Chapters or individual members do not pay annual fees to the national office.

D. Each chapter of the Sober Not Dead MC is allowed to use the trademarked patches but must be done in accordance with the Clubs Constitution and Bylaws.

E. The national office reserves the right to suspend or revolk any use of the Sober Not Dead MC patches to any chapter or individual chapter member for violations of the Club's Constitution and/or Bylaws, violation of any local, state or federal laws, criminal offenses or acts that brings discredit and harm to the public image of the Sober Not Dead MC

All Sober Not Dead MC chapters and members must adhere to these bylaws.