Patriots of Brotherhood LEMC, Inc.TM
BYLAWS of the Patriots of Brotherhood LEMC, Inc., Original and Founding Chapter, Palm Beach County, Florida
Name and Purpose of the organization
Section 1.1: The name of the club shall be Patriots of Brotherhood LEMC, Inc., aka: POBMC; POBMC.org, POBLEMC, which is a non-profit 501(c)(3) corporation headquartered in the Palm Beach County, Florida area (hereinafter referred to as “The Club” or “Club”).
Section 1.2: The purpose of The Club is as a fraternal and social motorcycle club, for all its members and their families, to promote charities and charitable events.
Section 1.3: If the situation arises any additional chapters of The Club are formed, the new chapter(s) will adopt and follow their own bylaws; however, in no case will anything be done in conflict with the Constitution and by-laws of the parent corporation, The Club.
Section 1.4: In case of dissolution of The Club, and upon payment or adequate discharge of all liabilities and obligations, the assets of The Club shall be distributed for one or more exempt purposes within the meaning of § 501(c)(3) of the Internal Revenue Code, as amended, or shall be distributed to a State or the Federal government for a public purpose. The Club cannot be dissolved while there are three (3) or more Members remaining in good standing and willing to carry on, and any such dissolution can only be accomplished upon a majority vote of the Members.
Section 2.1: Membership in The Club shall be divided into the following categories: A) Original 13 Members; B) Regular/Active Members; C) Associate Members; and D) Lifetime Members.
Section 2.1.1: Membership Definitions:
(A) The initial Thirteen (13) founding members of The Club shall be known as the “Original 13”.
(B) Regular/Active Membership will be offered to men and women who are active, retired or former law enforcement personnel (must have currently, or had in the past, arrest powers), who are sponsored by a current Regular/Active and/or a Lifetime Member in good standing with The Club, on a probationary basis, beginning the latter of:
1. The date of Board application approval;
2. The date of receipt of the first years’ donation; and
The date of placement of the patches referenced in Section 2.1.2.(A) on the member’s vest.
(Hereinafter referred to as “Acceptance”). The yearly donation will not be prorated for any reason. Following Acceptance, the applicant becomes a “Probationary Member”.
(C) Associate Membership will consist of men and women who do not meet the requirements for Regular/Active Membership, who are sponsored by a Regular/Active Member, or a Lifetime Member in good standing with The Club, on a probationary basis, beginning the date of Board application approval. Following Board application approval, the applicant becomes a Probationary Member.
(D) Probationary Membership will continue for a period of six (6) months, or Three (3) months for members of the Jupiter Police Department, barring a Board approved extension (hereinafter referred to as the “Probationary Period”). During the Probationary Period, the Probationary Member will be evaluated on, but not necessarily only on the following:
(A) Personal and professional conduct;
(B) Interest and involvement within The Club; and
(C) Level of Activity.
Probationary Members must independently secure an appropriate vest/jacket for patch application. Once the Probationary Member has successfully completed the Probationary Period, and the Board has voted, with the majority being in favor, a Club member vote will be held at the next Club meeting. The Probationary Member will be granted Regular/Active or Associate Membership, as the instant case requires, if and only if the Club vote results in a majority approval from all members present for such Club vote. Regular/Active Members will be issued the center Logo Patch of The Club during a ceremony to be held as soon as practicable thereafter.
(E) Lifetime Membership shall be extended to any Regular/Active Member with at least Ten (10) years of uninterrupted Regular/Active Membership. Lifetime Members are no longer required to make any further yearly donations, and shall continue indefinitely to have full access to and use of any and all benefits of The Club. Any and all patches issued by The Club to a Lifetime Member become the property of that Lifetime Member, and are not required to be returned thereafter.
Section 2.1.2: Patches:
(A) Probationary Members shall be issued the following patches by The Club, in exchange for a one-time donation in the amount of Sixty Dollars ($60) (hereinafter referred to as the “Initial Donation”):
1. “Patriots of Brotherhood” rocker, to be affixed to the top rear of the Probationary Member’s vest/jacket;
2. “Florida” rocker, to be affixed to the bottom rear of the Probationary Member’s vest/jacket for Regular/Active Probationary Members; OR “Associate Member” patch, to be affixed to the bottom rear of the Probationary Member’s vest/jacket for Associate Members;
3. “9-11” memorial patch to be affixed to the left breast of the Probationary Member’s vest/jacket; and
4. “American Flag” to be affixed to the right breast of the Probationary Member’s vest/jacket.
(B) Regular/Active Members shall be issued the following patches by The Club, at no additional cost:
1. All of the patches listed in Section A above, at the above-stated locations, and
2. The Club “Logo” patch, to be affixed on the rear of the Regular/Active Member’s vest/jacket, centered between the upper and lower rockers.
(C) Original 13 Members shall be issued the following patches by The Club, in exchange for an additional Club donation of Five Dollars ($5).
1. All of the patches listed in Section B above, at the above-stated locations, and
2. “Original 13” patch, to be affixed in lieu of the “American Flag” patch on his/her vest/jacket.
(D) Nickname patches are NOT Club-issued:
1. Any member wishing to place a nickname patch on his/her vest/jacket, must request approval of the Board, in writing, before affixing any such patch on his/her vest/jacket.
2. Any nickname patch, approved by the Board, is purchased at the member’s sole expense, and shall not be considered property of The Club.
3. The patch must not be bigger than 1” in height and 4” in length. The patch should be affixed under the “American Flag” and/or “Original 13” patch(es) on his/her vest/jacket.
(E) All patches issued by The Club are property of The Club.
(F) Any patch not specifically mentioned above, hereinafter referred to as a “Miscellaneous Patch”, must be approved by the Board prior to application to any member’s vest/jacket, and shall never be affixed on the rear of the vest/jacket.
(G) If for any reason a Regular/Active Membership is cancelled, terminated, or ceases for any reason whatsoever, that Regular/Active Member is required to return all patches issued by The Club to one or more members of the Board. Though The Club is not required to do so, The Club may reimburse for returned patches, in accordance with the amounts originally paid to The Club, as follows:
1. The entire amount for returned patches in good condition within ninety (90) days of original distribution;
2. A Pro-rated amount for returned patches in fair condition after ninety (90) days and prior to six (6) months of original distribution; and
3. No reimbursement for returned patches in poor condition, or if returned after six (6) months of receipt thereof.
The Board will determine the condition of the patches following their return. Failing to return patches issued by The Club will be considered theft and may be subject to civil and criminal penalties.
Section 2.2: With the exception of the Original 13 and Lifetime Members, tenure of all memberships will be from January 1st to December 31st of each year, or any portion of the intervening period.
Section 3.1: Pursuant to Board approval, and by majority vote at The Club meeting held on August 23, 2010, The Club will collect an annual donation of Fifty Dollars ($50), on a semi-annual basis (hereinafter referred to as the “Annual Donation”). Invoices shall be sent on or about March 1 and September 1 of each year, which are due upon receipt, and are payable by check, Paypal, cash, or direct payroll deposit. The Annual Donation is a requirement to maintain Regular/Active status with The Club.
3.1.1: A Police Memorial Fund will be established, with a portion of the Annual Donations. This memorial fund will be used for, but not necessarily limited to, supplemental support for funeral arrangements for Regular/Active Members, Lifetime Members, law enforcement personnel killed in the line of duty, retired law enforcement and/or personnel personally known to Regular/Active, Lifetime Members, or Associate Members; Donations to charitable organizations during Club-sponsored or sanctioned events; lodging, fuel and other Club expenditures on long distance runs (over 100 miles) sponsored and/or sanctioned by The Club; and for benevolent causes approved by the President of The Club. Examples of benevolent causes include, but are not limited to, short term/temporary financial support for Regular/Active or Lifetime Members of The Club.
3.1.2: If charters are authorized by The Club, a portion of the Annual Donations received by each chapter shall be deposited into the Memorial Fund by the Treasurer of the original/founding chapter. Each chapter will deduct the cost of patches and other chapter costs prior to remitting the remaining portions of donations to the original/founding chapter Treasurer.
Section 3.2: The fiscal year will run from January 1st to December 31st. There will be no proration of Annual Donations.
Section 3.3: Membership applications must be submitted in person, at a Club meeting, and be accompanied by the Initial Donation for Probationary Membership, as well as the Annual Donation. Applicants who are not approved for membership, for any reason whatsoever, shall be refunded any and all donations made to date, upon the return of all property of The Club.
Officers/Board of Directors
Section 4.1: The Board of Directors shall be comprised of the following Seven (7) Officers (hereinafter referred to as the “Board”), with the exception that the positions of Secretary and Treasurer or Vice President and Treasurer may be held by one person: The President; The Vice-President; The Secretary; The Treasurer; Two (2) Sergeant at Arms; and The Road Captain.
Section 4.2: Only Regular/Active Members or Lifetime Members may hold a position on the Board.
Section 4.3: The duties of the Officers are as follows:
4.3.1: President: The President shall be the Executive Officer of The Club. He/she shall preside at all meetings of The Club and of the Board. He/she may be a co-signer, with the Treasurer or Vice President on all notes, official Club correspondence, and all legal documents prepared for or on behalf of The Club. He/she shall have the power to call meetings of the Board as required, and shall make full and complete reports on the actions of the Board, to the membership.
4.3.2: Vice-President: The Vice-President shall assume all duties and responsibilities of the President during his/her absence. He/she shall aid and assist the President in conducting meetings and events. He/she shall be responsible for the membership recruitment program, and will submit necessary documents to The Club in regards to membership. He/she may be a co-signer with the Treasurer or President on all notes, checks, official Club correspondence and all legal documents prepared for or on behalf of The Club.
4.3.3: Secretary: The Secretary shall keep accurate records of all business transacted at all Club and Board meetings. He/she shall maintain an up-to-date attendance log of all meetings and Club rides/activities. He/she shall give adequate notice to all members of any special meetings of The Club. He/she shall keep an accurate record of the membership of The Club, and collect all application forms.
4.3.4: Treasurer: The Treasurer shall be the custodian of all The Club funds. He/she shall keep accurate records of all Club financial transactions. He/she may be a co-signer with the President or Vice President on all notes, checks, and legal documents prepared for or on behalf of The Club. He/she shall make a full report of the financial status of The Club at each monthly meeting. He/she shall insure that any and all legal related, tax, or revenue procedures are completed, as required by law.
4.3.5: Sergeant at Arms: This position may be held by as many as, but no more than, Two (2) persons, facilitating that at least one Sergeant at Arms be present at all Club meetings, events and rides. The Sergeant at Arms shall be responsible for any and all disciplinary matters of The Club, including but not necessarily limited to, termination of membership of Regular/Active Members, collection of Initial Donations and/or Annual Donations. The Sergeant at Arms shall also coordinate security for all Club-sponsored or sanctioned events. The Sergeant at Arms shall also assist the Road Captain with route preparation for Club runs and rallies. The Sergeant at Arms shall also be responsible for other duties as deemed necessary by the President or Vice President.
4.3.6: Road Captain: The Road Captain shall be responsible for designing and planning the routes of Club-sponsored or sanctioned runs, and communicating same to all participants prior to each such run.
Section 4.4: In the event that a member of the Board resigns his/her office, the Board may appoint a qualified member for any such position.
Section 4.5: Board positions are set for an indefinite term. Any member of the Board may be voted out of office, if the Board can prove a gross and intentional violation of any Bylaw.
Section 5.1: Any member may request funds be dispersed or committed to any cause or event. The request must be in writing, stating the purpose of the funds request, contact information for the cause/event coordinators, and funding directions. The request for dispersal or commitment of funds will be submitted to the Board for a vote. The Board must vote unanimously in favor before any funds may be dispersed or committed. The disbursement of funds required for the normal administration of The Club is not governed or restricted by this Section.
Section 6.1: Only Regular/Active Members or Lifetime Members, in good standing with The Club, may vote on any item requiring a Club vote. Voting on amendments to the Bylaws will be limited only to the Board.
Section 6.2: All Regular/Active and Lifetime Members may vote on any item that affects Club business.
Section 6.3: There will be no voting by proxy at any time.
Meetings and Club Business
Section 7.1: General meetings of The Club will be held at a time, date and place determined at the preceding meeting, or as directed by the President or Secretary. The Secretary, or a designee of the Secretary, will notify all members of any change to a meeting place, time or date.
Section 7.2: Four (4) members, one of whom must be a Board member, shall constitute a quorum for Club meetings, but a lesser number may adjourn the meeting to a later date.
Section 7.3: A majority vote of those present and eligible to vote is required to pass any motion on general Club/Chapter business at the meetings.
Section 7.4: Only Regular/Active, Lifetime, and Associate Members may attend Club meetings, unless otherwise stated per Section 7.5 below.
Section 7.5: The Board may decree that only members and their families may attend certain Chapter meetings or functions. In such cases, guests will not be permitted.
Section 7.6: Board meetings will be attended by the Board members only, unless otherwise specified by the President.
Section 7.7: Club business discussed at Club meetings or Board meetings is not to be discussed with anyone without prior approval of the President.
Section 8.1: If any member of The Club believes that another member of The Club has acted or participated in conduct unbecoming of The Club, he/she shall provide full details in writing to The Club President and/or Vice President.
8.1.1: The President will thereafter appoint a committee, consisting of the Vice President and a Sergeant at Arms, to conduct an investigation into the allegations. If the member being investigated is the Vice President or Sergeant at Arms, the Secretary and or Treasurer will fill his/her position on the committee.
8.1.2: The respondent will be advised of the allegations/complaints against him/her in person, or in writing (certified mail or email), by the President, the Vice President, or the Sergeant at Arms, and be advised that an investigation will be conducted. The investigation will include independent interviews with the complainant and the respondent. The Vice President will report the findings of the committee to the President as soon as practical thereafter, but no later than Thirty (30) days subsequent thereto.
8.1.3: If the complaint is unfounded, the matter will be dropped and the complainant and the respondent will be so advised in person, or in writing (certified mail or email), by the President.
8.1.4: If the complaint is founded, the committee will attach an appropriate disciplinary action suggestion to their report to the President. The President will then review the report and disciplinary recommendations with the committee. When the appropriate disciplinary action is agreed upon, the President will advise the respondent of the findings of the committee and the resulting disciplinary action to be enforced. Notification to the respondent will be done by registered mail, or in person, in the presence of at least one witness. The agreed upon disciplinary action shall not be enforced until the expiration of the appeal period described in Section 8.6 below.
8.1.5: If the respondent feels that the agreed upon disciplinary action is not justified or appropriate, he/she may present an appeal to the Board, in writing (certified mail or email), within Thirty (30) days of notification.
8.1.6: The Board will review and consider such appeal at the next Board meeting or, if necessary, at a special convened meeting. The appeal will be resolved by a secret ballot. The respondent will be notified of the results of the appeal in person, in the presence of at least one witness, or by certified mail, should personal notification be impractical or impossible. If termination from The Club is the decision of the secret ballot or non-appealed disciplinary action, the Sergeant at Arms shall collect any and all patches issued to that member by The Club.
8.1.7: The President will advise the members of the outcome of all investigations and/or appeals at the following membership meeting.
8.1.8: The Secretary will retain the original complaint and investigation, along with any appeal on file, for a period of Five (5) years, unless otherwise determined by the Board.
Section 8.2: Delinquent donations will be collected by the Sergeant at Arms.
Section 9.1: A motion to amend or repeal any portion of these Bylaws may be duly made by any member of The Club, whether at a regular Club meeting or Board meeting, and if seconded, the motion shall be submitted to the entirety of the membership via certified mail or email for a Club vote.
9.1.1: If any such motion is carried, by a majority vote of The Club, it shall then be presented to the Board for review, consideration and vote. Only upon unanimous approval of the Board shall the Bylaws be amended and/or repealed accordingly.
9.1.2: Notification of any such Bylaw amendment shall be made by the Secretary to the membership, accompanied by an updated copy of the Bylaws.
Club Logo and Colors
Section 10.1: Any use of the Patriots of Brotherhood Motorcycle Club, Inc., name, logo, patches, or any variation of the above is strictly prohibited without written consent of the Board.
Section 10.2: The wearing of The Club Logo and colors is encouraged anytime a Regular/Active or Lifetime Member is riding his/her motorcycle. The only time Regular/Active or Lifetime Members are required to wear The Club Logo and colors will be on all Club-sponsored or sanctioned events, runs or rallies.
Section 10.3: Any Regular/Active or Lifetime Member may wear The Club logo and colors to promote The Club, on any other event, run, ride or rally at the member’s discretion.