Ham Association of Mesquite
a Texas non profit corporation
Bylaws and Constitution of the Ham Association of Mesquite
14 December, 2008
Revised November 29, 2010
Revised January 1, 2013
Revised May 2, 2013
Revised January 7, 2016
PREAMBLE
Wishing to secure for ourselves the pleasure and benefits of the association of persons commonly interested in amateur radio, we constitute ourselves as the Ham Association of Mesquite and enact this Constitution and By-Laws as our governing law. It shall be our purpose to further the exchange of information and cooperation between members, to promote radio knowledge, fraternalism, individual operating efficiency, and to so conduct club programs and activities to advance the general interest and welfare of amateur radio in accordance with the needs of the community and the regulations established by the Federal Communications Commission.
Article I General
1.01 Name. The name of the organization is the Ham Association of Mesquite (aka HAM)
1.02 Purposes. The Ham Association of Mesquite is organized for the charitable, educational and scientific purposes which without limitation include:
a. To provide instruction and training of individuals to develop or improve skills as amateur radio operators.
b. To provide open meetings for the discussion of amateur radio related and allied topics.
c. To promote basic and applied research and instruction and dissemination of technical information.
d. To maintain the ability to furnish communications services for civil defense, federal, state, county and municipal agencies or such charitable organizations during times of emergencies or distress.
e. To provide disaster relief and public service in the public interest.
1.03 Limitations.
a. The foregoing purposes are limited to the extent that they must constitute charitable and educational purposes within the meaning of section 501(c)(3) of the internal Revenue Code of 1986, as amended. No part of the net earnings of HAM shall insure to the benefit of, or be distributable to its members, officers, directors, or other private persons, except that HAM shall be authorized and empowered to pay reasonable compensation for services rendered and make payments and distributions in furtherance of its purposes as set forth in the Articles of Incorporation and paragraph 1.02 above.
b. Notwithstanding of any other provisions of these Bylaws, no substantial part of the activities of HAM shall be the carrying of propaganda, or otherwise attempting to influence legislation, and HAM shall not participate in, or intervene in the (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. The Ham Association of Mesquite shall not carry on any other activities not permitted to be carried on:
1.by any organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or by corresponding section of any future federal tax code, or
2. by organizations to which contributions are deductible under section 170(c)(2) of the Internal Revenue Code.
Article II Membership
2.01 Eligibility. Ham Association of Mesquite membership is open to anyone having an interest in Amateur Radio. Membership shall be by application and upon such terms as the association shall by its by-laws provide.
2.02 Membership Process. Membership in HAM shall be granted upon submission of a completed membership application, together with appropriate dues by the start of the March meeting.
2.03 Membership Types. Membership privileges and dues are as follows:
a. Full Member. A full member shall be any FCC licensed amateur radio operator who does not fall under the special provision of an associate or student membership.
b. Family Membership. A family member shall be any FCC licensed amateur radio operator who by marriage or as a dependant minor constitutes a member of a family unit.
c. Student Member. A student member shall be any FCC licensed amateur radio operator who is currently enrolled as a full time student and is 18 years of age or younger and is not otherwise eligible to be included in a family membership.
d. Associate Member. An associate member shall be any person maintaining membership to support HAM but who does not hold a license as a radio amateur.
e. Life Member. A life member shall have all privileges as a full member.
f. Honorary Member. Awarded to any person in recognition of outstanding service to the Club or to Amateur Radio in general. This membership may be awarded only by a two-thirds (2/3) vote of the membership at a regular meeting.
2.04 Maintaining Membership. To maintain membership in HAM, a member must have paid dues for the current year and must abide by the Bylaws as determined by the Board of Directors.
2.05 Reinstatement. A former member may be reinstated to full membership if full dues for the current year are paid in accordance with the fee schedule. A former member will be defined as one who has been a member within the preceding five years.
2.06 Loss of Membership. A member may lose their membership for any of the following reasons:
a. If, while acting as a representative of the Club, they perform in such a manner as to bring discredit to the Club.
b. If they convert HAM property or assets to entirely personal use.
c. If the Federal Communications Commission rescinds their amateur radio license.
d. Failure to pay membership dues in a timely manner. (2.08)
Upon written petition of five (5) members, the Board of Directors will investigate any charges made against a member which could cause them to lose their membership as specified in (a) and (b) above. If the findings warrant, the Board of Directors will cause those findings to be presented to the membership at the next regular meeting and a vote will be taken at that time. The member shall be notified of the proposed action and allowed to defend their position to the association membership prior to the vote. A two-thirds (2/3) majority of the voting members present will be required to eject a member.
2.07 Voting Rights. Full, family, and student members shall have the right to vote on all matters brought before the membership. Associate and honorary members do not have voting rights.
2.08 Dues. Annual dues shall be payable by members no later than the March meeting. Failure to pay dues by this date shall cause the delinquent member to be considered inactive and shall be dropped from the roster. Full dues paid at any time during the inactive year shall reinstate the delinquent member to full active membership.
a. Full Member Dues. Dues for full members shall be $30.00 per year, prorated on a quarterly basis for new members (those joining after April 1 of the current year). Dues for full members who are over 65 years of age shall be reduced by $5.00. Members may elect at time of first annual payment to pay one half of the annual dues and the balance by the July meeting.
b. Family Membership Dues. Dues for a family membership shall be $35.00 per year, prorated on a quarterly basis for new family memberships, and shall apply to legal spouses and their minor children without regard to the number of children included in the family.
c. Student Member Dues. Dues for student members shall be $15.00 per year.
d. Associate Member Dues. Dues for associate members shall be $15.00 per year.
e. Life Member Dues. Dues for life membership are to be 10 times the dues listed in section 2.08 line item (a. Full Member Dues) as they apply for regular or senior (65 years of age and over), which ever applies at the time of payment. There are three payment options available.
1. Lump sum payment.
2. Total amount due paid in 4 equal installment payments due the first month of each consecutive quarter (January, April, July, October).
3. Total amount due paid in two installment payments being the first and seventh month of the year applying for Life membership.
NOTE: In the event an applicant is unable to complete payments on the quarterly or two payment plan, the applicant will be given a term of full membership at the annual dues rate in effect at the time the applicant is transferred from the quarterly or two payment plan back to regular membership status, commensurate with payments.
Example: Annual regular single dues are currently $30 x 10 = $300 for lifetime membership. Under the quarterly plan that would $75 per quarter. $300 / 4 = $75. If the applicant has paid in two quarters for a total of $150 and not can continue payments for any reason that $150 paid is divided by $30 ($150 / $30 = 5) and the person is credited with 5 years of membership.
f. Honorary Members are not required to pay standard yearly dues.
Article III Officers
3.01 Positions. Elected officers of the Ham Association of Mesquite shall consist of the President, Vice President, Secretary, and Treasurer, Public Information Officer, Newsletter Editor and Director at large. These officers shall constitute the Board of Directors and shall carry out all the duties of officers and directors as defined in the Bylaws and by the Articles of Incorporation.
a. President. The President shall preside at all meetings of this club, and conduct the same according to the rules adopted. The President shall enforce due observance of this Constitution and By-Laws, decide all questions of order, sign all official documents that are adopted by the club, and none other, and perform all other customary duties pertaining to the office of President including the establishment of all committees. The President shall serve as an ex officio member of all committees. The President may appoint a Parliamentarian.
b. Vice President. The Vice-President shall assume all the duties of the President in the absence of the latter. The Vice-President shall be the chairperson of the Activities Committee and shall be a member of the Business Committee. In the event of a vacancy in the office of President, the Vice-President will assume that office.
c. Secretary. The Secretary shall keep a record of the proceedings of all meetings including meetings of the Business Committee, keep a roll of membership, carry on all correspondence and read communications at each meeting. It shall be the duty of the Secretary to keep the Constitution and By-Laws of the club and have the same with him or her at every meeting. The Secretary shall permit the same to be consulted by members upon request. Within three months of assuming office, the Secretary shall furnish a copy of the constitution to each member. The Secretary will also be a member of the Business Committee.
d. Treasurer. The Treasurer shall receive and receipt all monies paid to the club and keep an accurate account of all monies received and expended. The Treasurer shall pay no bills without proper authorization by the club or its officers constituting a Business Committee. At the end of each quarter, the Treasurer shall submit an itemized statement of disbursement and receipts. The treasurer will be responsible for timely filing of all documents required by the state and federal governments and will document this to the board of directors. The treasurer will be a member of the Business Committee. The Treasurer shall make available to the membership the finances of the club on an annual basis, to be presented at the March Meeting. The treasurer will file the required financial reports with the Internal Revenue Service annually by the due date for such documents and will report this action to the organization. Secondly, it will be required that the treasurer submit a financial background report/credit report to the club and authorize a criminal background search be conducted before taking the office of treasurer.
e. Public Information Officer. The public information officer shall be responsible for external promotion of the club to the local community. He/She maintains the club “website” with upcoming ham radio-related events and opportunities to demonstrate amateur radio to the general public at special events.
f. Newsletter Editor. The newsletter editor shall be responsible for the publishing of HAM newsletter. He/She is required to abide by these bylaws governing publication of the newsletter.
g. Director at Large. The director at large is elected by the general membership to serve on the board of directors. This position provides the tie-breaker vote and represents the general membership of the club to the board of directors.
h. Communications Chairman. The communications chairman shall be responsible for the operation of the HAM radio station/repeater and other Ham Association of Mesquite equipment. He/She shall see that the Ham Association of Mesquite equipment is maintained always in a state of readiness and repair (if required for emergency communications). The communications chairman is nominated to serve on the Board of Directors by the communications committee.
3.02 Qualifications of Officers.
a. A Member of the Ham Association of Mesquite may serve as an officer if He/She is at least eighteen (18) years of age on the date of elections and must have been a member for at least one (1) year preceding the date of the time of election.
b. A Member of the Ham Association of Mesquite may hold the office of President, Vice President. Secretary, or Treasurer if He/She holds a valid amateur radio license.
c. A Member of the Ham Association of Mesquite may hold the office of Secretary, Public Information Officer, Newsletter Editor or Director at Large if He/She:
1. Holds a valid amateur radio license, or
2. Is an immediate family member of one who holds an amateur radio license.
3.03 Elections. Officers shall be elected at the March membership meeting or as soon thereafter as possible should circumstances warrant.
a. Officers. The officers of this club shall be President, Vice-President, Secretary, Treasurer, Public Information Officer and Newsletter Editor.
b. The term of office for all officers shall be one (1) year. The president and vice president may not serve more than two (2) terms consecutively without a one (1) year time period between terms. No person can hold more than one office simultaneously. New officers will assume office the following day.
c.Surrender of Office. On outgoing officer shall surrender all HAM Property to the newly elected officer.
d. Incomplete Term. If an officer becomes unable or ineligible to complete the term of office, a special election shall be held at the next regular meeting to fill the remaining term of office.
e. Officers may be removed by a three-fourths vote of a quorum present at a regular meeting. The officer in question must have been notified, by the Board of Directors, of the intent of an expulsion vote and of the date that the vote is to be taken. The officer shall be allowed to defend his or her position to the association membership prior to the vote.
3.04 Station/Repeater Trustee. The Trustee of the repeater(s) will be elected by a simple majority of the quorum at a regular meeting. The Trustee must agree to volunteer his or her services, have an extra class license, and be the licensee of record with the Federal Communications Commission for the club call sign.
Article IV Newsletter
4.01 General. A Ham Association of Mesquite newsletter shall be published monthly for distribution to the active membership and made available to the public.
4.02 Purpose. The newsletter shall provide notice of meetings, notice of club activities, and carry only articles of general interest to the hobby of amateur radio.
4.03 Advertisements. Advertisements in the HAM newsletter shall be at the discretion of the board of directors. All advertising copy must be approved by the board of directors before publication.
Article V Ham Association of Mesquite Radio Station/Repeater
5.01 General. The Ham Association of Mesquite radio station/repeater shall be under direction of the Communications Committee, and shall be maintained for use of all licensed club members.
5.02 Operation Policy. The station shall operate in compliance with the FCC rules and regulations and existing HAM rules and guidelines.
5.03 Station Operating Policy. The latest issue of the ARRL OPERATORS Guide shall be used as the basis for operating procedure.
Article VI Meeting Procedures
6.01 Meetings. Regular meetings shall be held each month at such place, as the officers shall order. The President may call special meetings. Written notices shall be sent twenty-five days before special meetings concerning the business to be transacted. Only such business as designated shall be transacted at special meetings.
6.02 Quorum. For a general meeting one-fifth of the membership shall constitute a quorum for the transaction of business. No motions for vote are allowed unless a quorum is present. The Board of Directors (BOD) meetings shall have a simple majority of the BOD present (4 board members equals a simple majority) to conduct club business.
6.03 Meeting Chair. All meetings shall be carried out by the president, in his absence, the vice president. If both are absent the meeting may be chaired by any other member of the board of directors.
6.04 Minutes. Minutes of all meetings shall be recorded by the secretary. If the secretary is not in attendance, the chairman will appoint a temporary secretary before proceeding with Ham Association of Mesquite business.
6.05 Rules of Order. All proceedings of the Ham Association of Mesquite shall be generally governed by ROBERT’S RULES OF ORDER, newly revised.
6.06 Board of Directors Meeting. The Board of Directors shall meet once per month to discuss general business and planning of the club. This meeting is open to all club members and the date and time must be announced at the regular club meeting.
6.07 Committees. Standing committees will exist and consist of the following. Other committees may be appointed from time to time as the need arises. Committee appointments shall be made by the president and must be approved by the board of directors.
COMMUNICATIONS COMMITTEE: The Communications Committee shall be composed of the current Trustee and four members to be appointed, two each on alternate years, by the President. Committee members shall serve two-year terms. The Communications Committee shall be responsible for the normal operations and maintenance of the club repeater(s). The Communications Committee will establish and enforce repeater rules and guidelines. The committee will be responsible for the maintenance, procurement, and general upkeep of all club property. When the trusteeship of the club callsign changes, it will have been deemed to have changed upon the issuance of the license grant by the FCC. A request for relief of responsibility from duties by the trustee is not sufficient.
NOMINATING COMMITTEE: The President, at least two months prior to the March meeting, shall appoint a Nominating Committee for the purpose of nominating officers for the ensuing year. Such committee shall be composed of not less than two members. The Nominating Committee will seek volunteers interested in serving as President, Vice-President, Secretary, Treasurer, Public Information Officer and Newsletter Editor and provide at least one person to fill each position. All positions except the President and Vice-President may be served by a person indefinitely but must still be voted and approved during the general election of officers. The President and Vice-President are restricted by term limitations in section 3.03b.
BUSINESS COMMITTEE: This committee shall be composed of the President, Vice-President, Secretary and Treasurer. The purpose of this committee shall be to conduct club business and disbursement of club funds for club bills. The committee shall have the authority to spend funds not to exceed $100.00 for other than fixed expenditures. Records will be kept by the Secretary and will be available upon request.
6.08 Voting by Mail. Voting on specific issues by mail, when allowed by the board of directors, shall be conducted according to ROBERTS RULES OF ORDER. Mail ballots shall not be opened until balloting takes place.
6.09 Proxy Voting. Proxy voting is not allowed.
Article VII – Membership Assistance
This club shall enact appropriate rules to minimize interference in operation between stations of its members and it shall formulate adequate plans for disposition of any cases of interference to other radio services where reported as caused by any amateur station operation in the area of club jurisdiction. The club will provide technical advice to its members concerning equipment design and operation to assist in frequency observance, clean signals, uniform practice and absence of spurious radiations from club members’ stations. The club shall also maintain a program to foster and guide public relations, growth, activity, and public service.
Article VIII – Club Property
Acquisition, disposal, relocation, operation or use of club property other than routine maintenance and equipment operation shall be determined by a two-thirds vote of a quorum present at a regular meeting. The secretary and treasurer shall maintain inventory records of all club-owned property and be presented in writing at the March meeting. The club internet user group will allow only Ham Association of Mesquite members to have the right to post to the internet user group, while non-HAM members can only view information.
Article IX Amendments to Bylaws
Notice of proposed changes to these Bylaws must be published in the “Skeeter Repeater” immediately prior to a meeting where voting on the proposed change(s) will occur. A two-thirds majority of the voting members present at the meeting shall be required to pass a proposed amendment.
Article X Dissolution
Upon dissolution of the Ham Association of Mesquite, The Board of Directors shall, after paying or making provisions for payment of liabilities of HAM, dispose of the assets of the corporation in accordance with the provisions of Article VIII (Disposition of Assets) of the articles of incorporation of the Ham Association of Mesquite and in strict compliance with the requirements of Section 501(c)(3) of the internal revenue code of 1986 or the corresponding section of any future federal tax code.
Revision Notes The 10 October, 2008 version of the Bylaws of the Ham Association of Mesquite was a compilation of the provisions from the former “Constitution and Bylaws”. These changes were made in order to qualify the Ham Association of Mesquite as a charity as defined in section 501(c)(3) of the internal Revenue Code, and no substantive changes were intended.